62472 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations 

8 5 U.S.C. 601 et seq. See id. section 601(2). 

a copy of this Order to Congress or the 

Government Accountability Office. 

Regulatory Flexibility Act 

Because these rule changes are being 

adopted without notice and comment, 

the Regulatory Flexibility Act 8 does not 

apply. 

List of Subjects in 47 CFR Part 76 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 76 by 

making the following technical 

amendment: 

PART 76—MULTICHANNEL VIDEO 

AND CABLE TELEVISION SERVICE 

■ 1. The authority citation for part 76 

continues to read as follows: 

Authority: 47 U.S.C. 151, 152, 153, 154, 

301, 302, 302a, 303, 303a, 307, 308, 309, 312, 

315, 317, 325, 338, 339, 340, 341, 503, 521, 

522, 531, 532, 534, 535, 536, 537, 543, 544, 

544a, 545, 548, 549, 552, 554, 556, 558, 560, 

561, 571, 572, 573. 

■ 2. Section 76.66 is amended by 

revising paragraph (e)(3) to read as 

follows: 

§ 76.66 Satellite broadcast signal carriage. 

* * * * * 

(e) * * * 

(3) A satellite carrier shall use the 

October 2021 Nielsen Local TV Station 

Information for the retransmission 

consent-mandatory carriage election 

cycle commencing on January 1, 2024, 

and ending on December 31, 2026. The 

October 2024 Nielsen Local TV Station 

Information Report shall be used for the 

retransmission consent-mandatory 

carriage election cycle commencing 

January 1, 2027, and ending December 

31, 2029, and so forth using the 

publications for the October two years 

prior to each triennial election pursuant 

to this section. Provided, however, that 

a county deleted from a market by 

Nielsen need not be subtracted from a 

market in which a satellite carrier 

provides local-into-local service, if that 

county is assigned to that market in the 

1999–2000 Nielsen Station Index 

Directory or any subsequent issue of 

that publication, or the Local TV Station 

Information Report commencing with 

October 2021, and every three years 

thereafter (i.e., October 2024, October 

2027, etc.). A satellite carrier may 

determine which local market in the 

State of Alaska will be deemed to be the 

relevant local market in connection with 

each subscriber in an area in the State 

of Alaska that is outside of a designated 

market, as described in paragraph (e)(2) 

of this section. 

* * * * * 

[FR Doc. 2023–19612 Filed 9–11–23; 8:45 am] 

BILLING CODE 6712–01–P 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 515, 538, and 552 

[GSAR Case 2019–G503; Docket No. 2022– 

0019; Sequence No. 1] 

RIN 3090–AK09 

General Services Administration 

Acquisition Regulation (GSAR); 

Streamline GSA Commercial Contract 

Clause Requirements 

AGENCY: Office of Acquisition Policy, 

General Services Administration. 

ACTION: Final rule. 

SUMMARY: The General Services 

Administration (GSA) is issuing this 

final rule amending the GSAR to clarify 

and streamline the clauses contracting 

officers should reference in acquisitions 

for commercial products and services. 

DATES: Effective: October 12, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Nicholas Giles or Ms. Johnnie 

McDowell, Procurement Analysts at 

202–718–6112 or GSARPolicy@gsa.gov. 

For information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat Division at 202– 

501–4755 or GSARegsec@gsa.gov. 

Please cite GSAR Case 2019–G503. 

SUPPLEMENTARY INFORMATION: 

I. Background 

GSA published a proposed rule in the 

Federal Register at 87 FR 77783 on 

December 20, 2022, to amend the GSAR 

to streamline, reorganize, and delete 

duplicative and outdated clauses. These 

changes can be categorized into three 

areas: reorganization of commercial 

clauses and applicable parts; relocation 

of an FSS clause; and editorial changes. 

This rule updates several clauses and 

other related parts by eliminating out of 

date references and any requirements 

that are not necessary by law. 

Specifically, GSA streamlined and 

reorganized the references in GSAR 

Clauses 552.212–71 and 552.212–72, 

and other related GSAR sections to 

reduce duplicative content and to 

ensure consistency within GSA’s 

guidance as it relates to the acquisition 

of commercial products and commercial 

services. 

In addition, GSA identified several 

duplicative and outdated clauses 

incorporated by reference at GSAR 

552.212–71 Contract Terms and 

Conditions Applicable to GSA 

Acquisitions of Commercial Products 

and Commercial Services, GSAR 

552.212–72 Contract Terms and 

Conditions Required To Implement 

Statutes or Executive Orders Applicable 

to GSA Acquisition of Commercial 

Products and Commercial Services, and 

other related GSAR sections. 

II. Discussion of the Final Rule 

A. Analysis of Public Comments 

GSA provided the public a 60-day 

comment period (December 20, 2022, to 

February 21, 2023). GSA did not receive 

any comments from the public. 

B. Summary of Changes 

GSA did not make any significant 

changes, or changes of any kind, since 

publication of the proposed rule. 

III. Expected Impact of the Rule 

This final rule will assist GSA’s 

contracting officers in ensuring 

appropriate safeguards are followed 

when procuring commercial products 

and services. Contracting officers will be 

able to clearly identify which clauses to 

consider inserting in solicitations and 

contracts when procuring commercial 

products and services. In addition, the 

removal of duplicative and outdated 

clauses will reduce the amount of time 

contracting officers need in preparing 

solicitation packages and monitoring 

contracts. 

IV. Executive Orders 12866, 13563 and 

14094 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. E.O. 14094 (Modernizing 

Regulatory Review) supplements and 

reaffirms the principles, structures, and 

definitions governing contemporary 

regulatory review established in E.O. 

12866 and E.O. 13563. The Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB) has determined that this 


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Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations 62473 

is not a significant regulatory action 

and, therefore, was not subject to review 

under Section 6(b) of Executive Order 

12866, Regulatory Planning and Review, 

dated September 30, 1993. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a ‘‘major rule’’ may take 

effect, the agency promulgating the rule 

must submit a rule report, which 

includes a copy of the rule, to each 

House of the Congress and to the 

Comptroller General of the United 

States. The GSA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. OIRA in OMB has 

determined that this is not a major rule 

under 5 U.S.C. 804. 

VI. Regulatory Flexibility Act 

GSA does not expect this final rule to 

have a significant economic impact on 

a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, at 5 U.S.C. 601, et seq., 

because the rule incorporates clauses 

that are currently in use in GSA 

commercial solicitations and contracts 

and contractors are familiar with and 

are currently complying with these 

practices. However, a Final Regulatory 

Flexibility Analysis (FRFA) has been 

prepared. There were no comments 

submitted in response to the initial 

regulatory flexibility analysis provided 

in the proposed rule. The FRFA has 

been prepared consistent with the 

criteria of 5 U.S.C. 604 and is 

summarized as follows: 

The GSA is issuing a final rule 

amending the GSAR at 552.212–71 and 

552.212–72 and related parts to clarify 

and streamline the contract terms and 

conditions applicable to GSA 

acquisitions of commercial products 

and commercial services. 

The objective of the final rule is to 

ensure contracting officers consider the 

appropriate clauses when procuring 

GSA acquisitions for commercial 

products and services. 

There were no comments submitted 

and therefore no significant issues 

raised by the public in response to the 

initial regulatory flexibility analysis. 

However, GSA made three minor 

changes to GSAR clauses 552.212–71, 

552.212–72 and 552.238–117. The 

clauses all required the date of the 

clauses to be changed to reflect the 

modifications made in this GSAR case. 

The final rule applies to large and 

small business entities, which are 

responding to solicitations or are 

awarded contracts for commercial 

products or services. This final rule will 

not have a significant economic impact 

on a substantial number of small entities 

because the changes to the GSAR do not 

add any new requirements but rather 

will streamline the procurement process 

by reorganizing clauses, removing 

duplicative or outdated clauses, 

transferring, re-titling and renumbering 

referenced clauses and make technical 

and editorial changes to ensure 

contracting officers incorporate the 

correct clauses when procuring 

commercial products and commercial 

services. 

GSA does not expect this final rule to 

have a significant economic impact on 

a substantial number of small business 

entities within the meaning of the 

Regulatory Flexibility Act, at 5 U.S.C. 

601. 

The final rule does not impose any 

new reporting or recordkeeping 

requirements on any small entities. 

The final rule does not duplicate, 

overlap, or conflict with any other 

Federal rules. 

There are no known alternatives to 

this rule which would accomplish the 

stated objectives. 

Interested parties may obtain a copy 

of the FRFA from the Regulatory 

Secretariat Division. The Regulatory 

Secretariat Division has submitted a 

copy of the FRFA to the Chief Counsel 

for Advocacy of the Small Business 

Administration. 

VII. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

GSAR do not impose recordkeeping or 

information collection requirements, or 

the collection of information from 

offerors, contractors, or members of the 

public that require the approval of OMB 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Parts 515, 

538 and 552. 

Government procurement. 

Jeffrey A. Koses, 

Senior Procurement Executive, Office of 

Acquisition Policy, Office of Governmentwide Policy, General Services Administration. 

Therefore, GSA amends 48 CFR parts 

515, 538 and 552 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 515, 538, and 552 continues to 

read as follows: 

Authority: 40 U.S.C. 121(c). 

PART 515—CONTRACTING BY 

NEGOTIATION 

515.408 [Amended] 

■ 2. Amend section 515.408 by— 

■ a. Removing paragraph (a)(1); 

■ b. Redesignating paragraphs (a)(2), (3) 

and (4) as paragraphs (a)(1), (2) and (3); 

■ c. Removing the first sentence in the 

note in paragraph (b) introductory text; 

■ d. Removing the parenthetical last 

sentence in paragraph (b)(3); 

■ e. Removing the first sentence in the 

‘‘Column 2’’ under paragraph (c); 

■ f. Removing paragraph (d); and 

■ g. Redesignating paragraph (e) as 

paragraph (d). 

PART 538—Federal Supply Schedule 

Contracting 

■ 3. Amend section 538.273 by revising 

paragraph (d)(22) introductory text and 

adding paragraph (d)(37) to read as 

follows: 

538.273 FSS solicitation provisions and 

contract clauses. 

* * * * * 

(d) * * * 

(22) 552.238–98, Clauses for Overseas 

Coverage. Use only in FSS solicitations 

and contracts when overseas acquisition 

is contemplated. The GSAR clauses and 

GSAR provisions in paragraphs 

(d)(22)(i) through (xi) of this section 

shall also be inserted in full text, when 

applicable. 

* * * * * 

(37) 552.238–117, Price Adjustment— 

Failure to Provide Accurate Information. 

Use only in FSS solicitations and 

contracts under the MAS program. This 

clause is used when the contract 

contains the basic clause 552.238–80 

Industrial Funding Fee and Sales 

Reporting. 

* * * * * 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Revise section 552.212–71 to read 

as follows: 

552.212–71 Contract Terms and 

Conditions Applicable to GSA Acquisition 

of Commercial Products and Commercial 

Services. 

As prescribed in 512.301(a)(1), insert 

the following clause: 

Contract Terms and Conditions 

Applicable to GSA Acquisitions of 

Commercial Products and Commercial 

Services (Oct 2023) 

(a) The Contractor agrees to comply 

with any clause that is incorporated 

herein by reference to implement 


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62474 Federal Register / Vol. 88, No. 175 / Tuesday, September 12, 2023 / Rules and Regulations 

agency policy applicable to acquisition 

of commercial products, including 

commercial components, and 

commercial services. The clause in 

effect based on the applicable regulation 

cited on the date the solicitation is 

issued applies unless otherwise stated 

herein. The Contracting Officer should 

check the clauses in paragraph (b) that 

apply or delete the clauses that do not 

apply from the list. The Contracting 

Officer may add the date of the clause 

if desired for clarity. The GSAR clauses 

in paragraph (b) of this section are 

incorporated by reference. 

(b) Clauses. 

552.203–71 Restriction on Advertising 

552.211–73 Marking 

552.219–70 Allocation of Orders— 

Partially Set-Aside Items 

552.229–70 Federal, State, and Local 

Taxes 

552.232–72 Final Payment Under 

Building Services Contracts 

552.237–71 Qualifications of 

Employees 

552.242–70 Status Report of Orders 

and Shipments 

■ 5. Revise section 552.212–72 to read 

as follows: 

552.212–72 Contract Terms and 

Conditions Required To Implement Statutes 

or Executive Orders Applicable to GSA 

Acquisition of Commercial Products and 

Commercial Services. 

As prescribed in 512.301(a)(2), insert 

the following clause: 

Contract Terms and Conditions 

Required To Implement Statutes or 

Executive Orders Applicable to GSA 

Acquisition of Commercial Products 

and Commercial Services (Oct 2023) 

The Contractor agrees to comply with 

any provision or clause that is 

incorporated herein by reference to 

implement provisions of law or 

Executive Orders applicable to 

acquisition of commercial items or 

components. The provision or clause in 

effect based on the applicable regulation 

cited on the date the solicitation is 

issued applies unless otherwise stated 

herein. The contracting officer should 

either check the provisions and clauses 

that apply or delete the provisions and 

clauses that do not apply from the lists 

in paragraphs (a) and (b). The 

contracting officer may add the date of 

the provision or clause if desired for 

clarity. The GSAR provisions in 

paragraph (a) and GSAR clauses in 

paragraph (b) are incorporated by 

reference. 

(a) Provisions. 

ll552.223–72 Hazardous Material 

Information. 

(b) Clauses. 

ll552.215–70 Examination of 

Records by GSA. 

ll552.223–70 Hazardous 

Substances. 

ll552.223–71 Nonconforming 

Hazardous Material. 

ll552.223–73 Preservation, 

Packaging, Packing, Marking, and 

Labeling of Hazardous Materials 

(HAZMAT) for Shipments. 

ll552.232–23 Assignment of Claims. 

552.215–72 [Removed and Reserved] 

■ 6. Remove and reserve section 

552.215–72. 

■ 7. Add section 552.238–117 to read as 

follows: 

552.238–117 Price Adjustment—Failure to 

Provide Accurate Information. 

As prescribed in 538.273(d)(37), insert 

the following clause: 

Price Adjustment—Failure To Provide 

Accurate Information (Oct 2023) 

(a) The Government, at its election, 

may reduce the price of this contract or 

contract modification if the Contracting 

Officer determines after award of this 

contract or contract modification that 

the price negotiated was increased by a 

significant amount because the 

Contractor failed to: 

(1) Provide information required by 

this solicitation/contract or otherwise 

requested by the Government; or 

(2) Submit information that was 

current, accurate, and complete; or 

(3) Disclose changes in the 

Contractor’s commercial pricelist(s), 

discounts or discounting policies which 

occurred after the original submission 

and prior to the completion of 

negotiations. 

(b) The Government will consider 

information submitted to be current, 

accurate and complete if the data is 

current, accurate and complete as of 14 

calendar days prior to the date it is 

submitted. 

(c) If any reduction in the contract 

price under this clause reduces the price 

for items for which payment was made 

prior to the date of the modification 

reflecting the price reduction, the 

Contractor shall be liable to and shall 

pay the United States— 

(1) The amount of the overpayment; 

and 

(2) Simple interest on the amount of 

such overpayment to be computed from 

the date(s) of overpayment to the 

Contractor to the date the Government 

is repaid by the Contractor at the 

applicable underpayment rate effective 

each quarter prescribed by the Secretary 

of Treasury under 26 U.S.C.6621(a)(2). 

(d) Failure to agree on the amount of 

the decrease shall be resolved as a 

dispute. 

(e) In addition to the remedy in 

paragraph (a) of this clause, the 

Government may terminate this contract 

for default. The rights and remedies of 

the Government specified herein are not 

exclusive, and are in addition to any 

other rights and remedies provided by 

law or under this contract. 

(End of clause) 

[FR Doc. 2023–19396 Filed 9–11–23; 8:45 am] 

BILLING CODE 6820–61–P 


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