1940 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Chs. 101, 102, 105, 300, 301, 

302, 303, and 304 

48 CFR Chapter 5 

Unified Agenda of Federal Regulatory 

and Deregulatory Actions 

AGENCY: General Services 

Administration (GSA). 

ACTION: Semiannual Regulatory Agenda. 

SUMMARY: We are publishing our fall 

2017 regulatory agenda pursuant to 

Executive Order 12866 ‘‘Regulatory 

Planning and Review,’’ 58 FR 51735 

(1993), with particular adherence to 

E.O. 13771, ‘‘Reducing Regulation and 

Controlling Costs,’’ 82 FR 9339 (2017), 

E.O. 13777, ‘‘Enforcing the Regulatory 

Reform Agenda,’’ 82 FR 12285, and the 

Regulatory Flexibility Act, 5 U.S.C. 601 

to 612. The purpose of publishing this 

agenda is to give notice of regulatory 

activity being undertaken by GSA in 

order to provide the public an 

opportunity to participate in the 

rulemaking process. 

FOR FURTHER INFORMATION CONTACT: 

Please direct all general comments and 

inquiries to Francis Poe, Acting Division 

Director, Regulatory Secretariat Division 

at 202–501–4755. For comments on 

specific regulatory actions, please 

contact the person identified as the 

point of contact for that action. 

SUPPLEMENTARY INFORMATION: The 

information provided in the Unified 

Agenda (Agenda) previews the 

rulemaking activities that we expect to 

undertake in the immediate future. The 

Agenda focuses primarily on those 

actions expected to result in publication 

of Advanced Notices of Proposed 

Rulemaking, Notices of Proposed 

Rulemaking, or Final Rules within the 

next 12 months. 

GSA is not a major regulatory agency 

outside of its work as a member of the 

Federal Acquisition Regulatory Council 

and does not have regulatory actions 

that are likely to have a significant 

economic impact on a substantial 

number of small entities. 

A fully searchable e-Agenda is 

available for viewing in its entirety at 

www.reginfo.gov. Agenda information is 

also available at www.regulations.gov, 

the government-wide website for 

submission of comments on proposed 

regulations. Our fall 2017 agenda 

follows. 

FOR FURTHER INFORMATION CONTACT: 

Francis Poe, Acting Division Director, 

Regulatory Secretariat Division at (202) 

501–4755. 

Dated: September 29, 2017. 

Allison Fahrenkopf Brigati, 

Associate Administrator, Office of 

Government-wide Policy. 

GENERAL SERVICES ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

326 .................... General Services Administration Acquisition Regulation (GSAR); GSAR Case 2015–G506, Construction 

Manager as Constructor Contracting.

3090–AJ64 

327 .................... General Services Acquisition Regulation (GSAR); GSAR Case 2016–G511, Information and Information 

Systems Security.

3090–AJ84 

328 .................... General Services Administration Acquisition Regulation (GSAR); GSAR Case 2016–G515, Cyber Incident 

Reporting.

3090–AJ85 

GENERAL SERVICES ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

329 .................... General Services Administration Acquisition Regulation (GSAR); GSAR Case 2015–G503, Construction 

Contract Administration.

3090–AJ63 

330 .................... General Services Administration Acquisition Regulation (GSAR); GSAR Case 2015–G512, Unenforceable 

Commercial Supplier Agreement Terms.

3090–AJ67 

331 .................... General Services Administration Acquisition Regulation (GSAR); GSAR 2016–G506, Federal Supply 

Schedule, Order-Level Materials.

3090–AJ75 

332 .................... General Services Administration Acquisition Regulation (GSAR); GSAR Case 2013–G502, Federal Supply 

Schedule Contracting (Administrative Changes).

3090–AJ41 

GENERAL SERVICES 

ADMINISTRATION (GSA) 

Office of Acquisition Policy 

Proposed Rule Stage 

326. General Services Administration 

Acquisition Regulation (GSAR); GSAR 

Case 2015–G506, Construction Manager 

as Constructor Contracting 

E.O. 13771 Designation: Other. 

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

Abstract: GSA is proposing to amend 

the General Services Administration 

Acquisition Regulation (GSAR) to add 

new sections to GSAR part 536, 

Construction and Architect-Engineer 

Contracts, to incorporate contracting 

policies and procedures for different 

construction project delivery methods, 

focused on construction manager as 

constructor (CMc). 

The current FAR and GSAR do not 

have detailed coverage differentiating 

for various construction project delivery 

methods, although there is some 

guidance regarding source selection. 

GSA unique policies on CMc have been 

previously issued through other means. 

By incorporating these policies into the 

GSAR and differentiating for various 

construction methods, the GSAR will 

provide centralized guidance to ensure 

consistent application of construction 

project principles across the 

organization. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/17 

NPRM Comment 

Period End.

02/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Christina Mullins, 

Procurement Analyst, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

4966, Email: christina.mullins@gsa.gov. 

RIN: 3090–AJ64 


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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1941 

327. General Services Acquisition 

Regulation (GSAR); GSAR Case 2016– 

G511, Information and Information 

Systems Security 

E.O. 13771 Designation: Other. 

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

Abstract: GSA is proposing to update 

the General Services Administration 

Acquisition Regulation (GSAR) to 

update existing GSA cybersecurity 

requirements that did not previously go 

through the rulemaking process and 

integrate these updated requirements 

within the GSAR. Integrating these 

requirements into the GSAR will allow 

GSA to benefit from public comments 

received during the rulemaking process. 

The GSA cybersecurity requirements 

mandate contractors protect the 

confidentiality, integrity, and 

availability of unclassified GSA 

information and information systems 

from cybersecurity vulnerabilities,and 

threats in accordance with the Federal 

Information Security Modernization Act 

of 2014 and associated Federal 

cybersecurity requirements. This rule 

will require contracting officers to 

incorporate applicable GSA 

cybersecurity requirements within the 

statement of work to ensure compliance 

with Federal cybersecurity requirements 

and implement best practices for 

preventing cyber incidents. These GSA 

requirements mandate applicable 

controls and standards (e.g. U.S. 

National Institute of Standards and 

Technology, U.S. National Archive and 

Records Administration Controlled 

Unclassified Information standards). 

Cybersecurity requirements for 

internal contractor systems, external 

contractor systems, cloud systems, and 

mobile systems will be covered by this 

rule. It will also update existing GSAR 

provision 552.239–70, Information 

Technology Security Plan and Security 

Authorization and GSAR clause 

552.239–71, Security Requirements for 

Unclassified Information Technology 

Resources to only require the provision 

and clause when the contract will 

involve information or information 

systems connected to a GSA network. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/18 

NPRM Comment 

Period End.

06/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michelle Bohm, 

Contract Specialist, General Services 

Administration, 100 S Independence 

Mall W Room: 9th Floor, Philadelphia, 

PA 19106–2320, Phone: 215 446–4705, 

Email: michelle.bohm@gsa.gov. 

RIN: 3090–AJ84 

328. General Services Administration 

Acquisition Regulation (GSAR); GSAR 

Case 2016–G515, Cyber Incident 

Reporting 

E.O. 13771 Designation: Other. 

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

Abstract: GSA is proposing to amend 

the General Services Administration 

Acquisition Regulation (GSAR) to 

update requirements for GSA 

contractors to report cyber incidents 

that could potentially affect GSA or its 

customer agencies. The rule updates the 

existing cyber incident reporting policy 

within GSA Order CIO 9297.2, GSA 

Information Breach Notification Policy 

that did not previously go through the 

rulemaking process and integrates these 

updated cyber incident reporting 

requirements into the GSAR. Integrating 

these requirements into the GSAR will 

allow GSA to benefit from public 

comments received during the 

rulemaking process. It instructs GSA 

contracting officers to include cyber 

incident reporting requirements within 

GSA contracts and orders placed against 

GSA multiple award contracts. The rule 

outlines the roles and responsibilities of 

the GSA contracting officer, contractors, 

and agencies ordering off of GSA’s 

contracts in the reporting of a cyber 

incident. 

This rule establishes a contractor’s 

responsibility to report any cyber 

incident where the confidentiality, 

integrity, or availability of GSA 

information or information systems are 

potentially compromised or where the 

confidentiality, integrity, or availability 

of information or information systems 

owned or managed by or on behalf of 

the U.S. Government is potentially 

compromised. It establishes an explicit 

timeframe for reporting cyber incidents, 

details the required elements of a cyber 

incident report, and provides the 

required Government’s points of contact 

for submitting the cyber incident report. 

The rule also outlines the additional 

contractor requirements that may apply 

for any cyber incidents involving 

personally identifiable information. In 

addition, the rule clarifies both GSA and 

ordering agencies’ authority to access 

contractor systems in the event of a 

cyber incident. It also establishes the 

role of GSA in the cyber incident 

reporting process and outlines how the 

primary response agency for a cyber 

incident is determined. In addition, it 

establishes the requirement for the 

contractor to preserve images of affected 

systems and ensure contractor 

employees receive appropriate training 

for reporting cyber incidents. The rule 

also outlines how contractor 

attributional/proprietary information 

provided as part of the cyber incident 

reporting process will be protected and 

used. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/18 

NPRM Comment 

Period End.

10/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Funk, 

Sustainability Program Specialist, 

General Services Administration, 20 N 

8th Street, Room 08S23G, Philadelphia, 

PA 19107–3101, Phone: 215 446–4860, 

Email: kevin.funk@gsa.gov. 

RIN: 3090–AJ85 

GENERAL SERVICES 

ADMINISTRATION (GSA) 

Office of Acquisition Policy 

Final Rule Stage 

329. General Services Administration 

Acquisition Regulation (GSAR); GSAR 

Case 2015–G503, Construction Contract 

Administration 

E.O. 13771 Designation: Other. 

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

Abstract: GSA is amending the 

General Services Administration 

Acquisition Regulation (GSAR) to revise 

sections of GSAR part 536, Construction 

and Architect-Engineer Contracts, and 

related parts, to maintain consistency 

with the Federal Acquisition Regulation 

(FAR) and to incorporate updated 

construction contract administration 

policies and procedures. 

The changes fall into five categories: 

(1) Incorporating existing Agency policy 

previously issued through other means, 

(2) reorganizing to better align with the 

FAR, (3) incorporating Agency unique 

clauses, (4) incorporating supplemental 

material, and (5) editing for clarity. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/09/16 81 FR 62434 

NPRM Comment 

Period End.

11/08/16 

Final Rule ............ 04/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Christina Mullins, 

Procurement Analyst, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

4966, Email: christina.mullins@gsa.gov. 


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1942 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

RIN: 3090–AJ63 

330. General Services Administration 

Acquisition Regulation (GSAR); GSAR 

Case 2015–G512, Unenforceable 

Commercial Supplier Agreement Terms 

E.O. 13771 Designation: Deregulatory. 

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

Abstract: GSA is amending the 

General Services Administration 

Acquisition Regulation (GSAR) to 

streamline the evaluation process to 

award contracts containing commercial 

supplier agreements. Government and 

industry often spend significant time 

negotiating elements common in almost 

every commercial supplier agreement 

where the terms conflict with Federal 

law. Past negotiations would always 

lead to deleting the terms from the 

contract, but only after several rounds of 

legal review by both parties. This case 

would explore methods for 

automatically nullifying these common 

terms out of contracts. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/31/16 81 FR 34302 

NPRM Comment 

Period End.

08/01/16 

Final Rule ............ 01/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Janet Fry, Program 

Analyst, DOD/GSA/NASA (FAR), 1800 

F Street NW, Washington, DC 20405, 

Phone: 703 605–3167, Email: janet.fry@

gsa.gov. 

RIN: 3090–AJ67 

331. General Services Administration 

Acquisition Regulation (GSAR); GSAR 

2016–G506, Federal Supply Schedule, 

Order–Level Materials 

E.O. 13771 Designation: Deregulatory. 

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

Abstract: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Regulation (GSAR) to 

clarify the authority to acquire orderlevel materials when placing a task 

order or establishing a Blanket Purchase 

Agreement (BPA) against a Federal 

Supply Schedule (FSS) contract. This 

proposed rule seeks to provide clear and 

comprehensive implementation of the 

ability to acquire order-level materials 

through the FSS program to create 

parity between FSS contracts and 

commercial indefinite-delivery/ 

indefinite-quantity (IDIQ) contracts, 

reduce the need to conduct less efficient 

procurement transactions, lower barriers 

of entry to the Federal marketplace, and 

make it easier to do business with the 

Federal Government. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/09/16 81 FR 62445 

NPRM Comment 

Period End.

11/08/16 

Final Rule ............ 01/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Leah Price, 

Procurement Analyst, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 703 605– 

2558, Email: leah.price@gsa.gov. 

RIN: 3090–AJ75 

OFFICE OF GOVERNMENTWIDE 

POLICY 

332. General Services Administration 

Acquisition Regulation (GSAR); GSAR 

Case 2013–G502, Federal Supply 

Schedule Contracting (Administrative 

Changes) 

E.O. 13771 Designation: Other. 

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

Abstract: The General Services 

Administration (GSA) is amending the 

General Services Administration 

Acquisition Regulation (GSAR) to 

clarify and update the contracting by 

negotiation GSAR section and 

incorporate existing Federal Supply 

Schedule Contracting policies and 

procedures, and corresponding 

provisions and clauses. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/10/14 79 FR 54126 

NPRM Comment 

Period End.

11/10/14 

Final Rule ............ 03/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dana L. Munson, 

Procurement Analyst, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 357– 

9652, Email: dana.munson@gsa.gov. 

RIN: 3090–AJ41 

[FR Doc. 2017–28236 Filed 1–11–18; 8:45 am] 

BILLING CODE 6820–34–P 


sradovich on DSK3GMQ082PROD with PROPOSALS