41286 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Chapters 101, 102, 105, 300, 

301, 302, and 304 

48 CFR Chapter 5 

Unified Agenda of Federal Regulatory 

and Deregulatory Actions 

AGENCY: General Services 

Administration (GSA). 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This agenda announces the 

proposed regulatory actions that GSA 

plans for the next 12 months and those 

that were completed since the fall 2020 

edition. This agenda was developed 

under the guidelines of Executive 

Orders 12866 ‘‘Regulatory Planning and 

Review,’’ and Executive Order 13563 

‘‘Improving Regulation and Regulatory 

Review.’’ GSA’s purpose in publishing 

this agenda is to allow interested 

persons an opportunity to participate in 

the rulemaking process. GSA also 

invites interested persons to recommend 

existing significant regulations for 

review to determine whether they 

should be modified or eliminated. 

Published proposed rules may be 

reviewed in their entirety at the 

Government’s rulemaking website at 

http://www.regulations.gov. 

Since the fall 2007 edition, the 

internet has been the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda will be 

available online at www.reginfo.gov, in 

a format that offers users a greatly 

enhanced ability to obtain information 

from the Agenda database. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act (5 U.S.C. 

602), GSA’s printed agenda entries 

include only: 

(1) Rules that are in the Agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

(2) Any rules that the Agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

Agenda requirements. Additional 

information on these entries is available 

in the Unified Agenda published on the 

internet. In addition, for fall editions of 

the Agenda, the entire Regulatory Plan 

will continue to be printed in the 

Federal Register, as in past years, 

including GSA’s regulatory plan. 

FOR FURTHER INFORMATION CONTACT: Lois 

Mandell, Division Director, Regulatory 

Secretariat Division, 1800 F Street NW, 

2nd Floor, Washington, DC 20405–0001, 

202–501–2735. 

Dated: March 11, 2021. 

Krystal J. Brumfield, 

Associate Administrator, Office of 

Government-Wide Policy. 

GENERAL SERVICES ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

210 .................... General Services Acquisition Regulation (GSAR); GSAR Case 2016–G511, Contract Requirements for 

GSA Information Systems.

3090–AJ84 

211 .................... General Services Acquisition Regulation (GSAR); GSAR Case 2019–G503, Streamlining GSA Commercial Contract Clause Requirements.3090–AK09 

212 .................... General Services Acquisition Regulation (GSAR); GSAR Case 2020–G502, Increasing Order Level Competition for Federal Supply Schedules.3090–AK15 

213 .................... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G503, Increasing Order Level Competition for Indefinite-Delivery, Indefinite-Quantity Contracts.3090–AK16 

214 .................... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G504, Federal Supply Schedule 

Catalog Management.

3090–AK17 

215 .................... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G505, Clarify Commercial Products 

and Services Contract Terms and Conditions.

3090–AK18 

216 .................... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G509, Extending Federal Supply 

Schedule Orders Beyond the Contract Term.

3090–AK19 

217 .................... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G510, Federal Supply Schedule Economic Price Adjustment.3090–AK20 

218 .................... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G511, Updated Guidance for NonFederal Entities Access to Federal Supply Schedules.3090–AK21 

219 .................... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G512, System for Award Management Representation for Leases.3090–AK22 

220 .................... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G513, Lease Payment Procedures .... 3090–AK23 

221 .................... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G534, Extension of Certain Telecommunication Prohibitions to Lease Acquisitions.3090–AK29 

222 .................... General Services Acquisition Regulation (GSAR); GSAR Case 2021–G505, Amending Prescriptions for 

Including FAR Provisions and Clauses in Lease Procurements.

3090–AK36 

223 .................... General Services Acquisition Regulation (GSAR); GSAR Case 2021–G522, Contract Requirements for 

High-Security Leased Space.

3090–AK39 

GENERAL SERVICES ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

224 .................... General Service Acquisition Regulation (GSAR); GSAR Case 2020–G517, Contracting Exemption for 

Regulated Utilities.

3090–AK24 


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41287 

GENERAL SERVICES 

ADMINISTRATION (GSA) 

Proposed Rule Stage 

Office of Acquisition Policy 

210. General Services Acquisition 

Regulation (GSAR); GSAR Case 2016– 

G511, Contract Requirements for GSA 

Information Systems 

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

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to streamline and update 

requirements for contracts that involve 

GSA information systems. GSA’s 

policies on cybersecurity and other 

information technology requirements 

have been previously issued and 

communicated by the Office of the Chief 

Information Officer through the GSA 

public website. By incorporating these 

requirements into the GSAR, the GSAR 

will provide centralized guidance to 

ensure consistent application across the 

organization. Integrating these 

requirements into the GSAR will also 

allow industry to provide public 

comments through the rulemaking 

process. 

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. Contract 

requirements for internal information 

systems, external contractor systems, 

cloud systems, and mobile systems will 

be covered by this rule. This rule 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 .................. 07/00/21 

NPRM Comment 

Period End.

09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Johnnie McDowell, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 718– 

6112, Email: johnnie.mcdowell@gsa.gov. 

RIN: 3090–AJ84 

211. General Services Acquisition 

Regulation (GSAR); GSAR Case 2019– 

G503, Streamlining GSA Commercial 

Contract Clause Requirements 

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

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to streamline requirements for 

GSA commercial contracts. This rule 

will update GSAR Clauses 552.212–71 

and 552.212–72 to remove any 

requirements that are not necessary by 

law or Executive Order. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/21 

NPRM Comment 

Period End.

11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Johnnie McDowell, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 718– 

6112, Email: johnnie.mcdowell@gsa.gov. 

RIN: 3090–AK09 

212. General Services Acquisition 

Regulation (GSAR); GSAR Case 2020– 

G502, Increasing Order Level 

Competition for Federal Supply 

Schedules 

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

L. 115–232 sec. 876 

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to implement section 876 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2019 (Pub. 

L. 115–232) as it relates to Federal 

Supply Schedule contracts. Section 876 

amended 41 U.S.C. 3306(c) by providing 

an exception to the requirement to 

consider price as an evaluation factor 

for the award of certain indefinitedelivery, indefinite-quantity contracts 

and Federal Supply Schedule contracts. 

A separate case, GSAR Case 2020–G503, 

will address the implementation of 

Section 876 in relation to other 

indefinite-delivery, indefinite-quantity 

contracts. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 08/19/20 85 FR 50989 

ANPRM Comment 

Period End.

09/18/20 

NPRM .................. 09/00/21 

Action Date FR Cite 

NPRM Comment 

Period End.

11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Thomas O’Linn, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 445– 

0390, Email: thomas.olinn@gsa.gov. 

RIN: 3090–AK15 

213. General Service Acquisition 

Regulation (GSAR); GSAR Case 2020– 

G503, Increasing Order Level 

Competition for Indefinite–Delivery, 

Indefinite–Quantity Contracts 

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

L. 115–232, sec. 876 

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to implement Section 876 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2019 (Pub. 

L. 115–232) as it relates to certain 

indefinite-delivery, indefinite-quantity 

contracts. Section 876 amended 41 

U.S.C. 3306(c) by providing an 

exception to the requirement to consider 

price as an evaluation factor for the 

award of certain indefinite-delivery, 

indefinite-quantity contracts and 

Federal Supply Schedule contracts. A 

separate case, GSAR Case 2020–G502, 

will address the implementation of 

Section 876 in relation to Federal 

Supply Schedule contracts. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/21 

NPRM Comment 

Period End.

11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Thomas O’Linn, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 445– 

0390, Email: thomas.olinn@gsa.gov. 

RIN: 3090–AK16 

214. General Service Acquisition 

Regulation (GSAR); GSAR Case 2020– 

G504, Federal Supply Schedule Catalog 

Management 

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

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to consolidate all terms related 


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41288 Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 

to Federal Supply Schedule catalog 

management, which are currently 

spread across multiple clauses, into one 

consolidated clause. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/21 

NPRM Comment 

Period End.

08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Thomas O’Linn, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 445– 

0390, Email: thomas.olinn@gsa.gov. 

RIN: 3090–AK17 

215. General Service Acquisition 

Regulation (GSAR); GSAR Case 2020– 

G505, Clarify Commercial Products and 

Services Contract Terms and 

Conditions 

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

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services Acquisition 

Regulation (GSAR) to clarify 

commercial products and services 

contract terms and conditions. This rule 

will update GSAR Clause 552.212–4 to 

clarify the prescription and language 

applicable for the different clause 

alternates. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/21 

NPRM Comment 

Period End.

10/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Johnnie McDowell, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 718– 

6112, Email: johnnie.mcdowell@gsa.gov. 

RIN: 3090–AK18 

216. General Service Acquisition 

Regulation (GSAR); GSAR Case 2020– 

G509, Extending Federal Supply 

Schedule Orders Beyond the Contract 

Term 

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

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to clarify, update, and 

incorporate existing Federal Supply 

Schedule (FSS) program policies and 

procedures regarding performance of 

orders beyond the term of the base FSS 

contract. Specifically, the local FSS 

program policy titled I–FSS–163 Option 

to Extend the Term of the Contract 

(Evergreen) will be incorporated. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/21 

NPRM Comment 

Period End.

08/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Thomas O’Linn, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 445– 

0390, Email: thomas.olinn@gsa.gov. 

RIN: 3090–AK19 

217. General Service Acquisition 

Regulation (GSAR); GSAR Case 2020– 

G510, Federal Supply Schedule 

Economic Price Adjustment 

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

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to clarify, update, and 

incorporate Federal Supply Schedule 

(FSS) program policies and procedures 

regarding economic price adjustment. 

This rule will update GSAR Clause 

552.216–70 to incorporate the clause 

alternates in GSA’s existing class 

deviation CD–2019–14. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/21 

NPRM Comment 

Period End.

11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Thomas O’Linn, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 445– 

0390, Email: thomas.olinn@gsa.gov. 

RIN: 3090–AK20 

218. General Service Acquisition 

Regulation (GSAR); GSAR Case 2020– 

G511, Updated Guidance for Non– 

Federal Entities Access to Federal 

Supply Schedules 

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

U.S.C. 502 

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to streamline and clarify the 

requirements for use of Federal Supply 

Schedules by eligible Non-Federal 

Entities, such as state and local 

governments. Eligible Non-Federal 

Entities are able to use Federal Supply 

Schedules based on authority from 

various laws, including 40 U.S.C. 

502(c). 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/21 

NPRM Comment 

Period End.

11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Thomas O’Linn, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 445– 

0390, Email: thomas.olinn@gsa.gov. 

RIN: 3090–AK21 

219. General Service Acquisition 

Regulation (GSAR); GSAR Case 2020– 

G512, System for Award Management 

Representation for Leases 

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

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to remove the requirement for 

lease offerors for non-high-security 

space to have an active System for 

Award Management (SAM) registration 

when submitting offers and instead 

allow offers up until the time of award 

to obtain an active SAM registration. 

Entities seeking Federal leases differ 

from the typical entities seeking Federal 

contracts in that common practice is to 

form a new entity for every new lease 

offer. Requiring representations from 

these entities prior to offer submission 

restricts competition. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/21 

NPRM Comment 

Period End.

01/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marten Wallace, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

7736, Email: marten.wallace@gsa.gov. 

RIN: 3090–AK22 

220. General Service Acquisition 

Regulation (GSAR); GSAR Case 2020– 

G513, Lease Payment Procedures 

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


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Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg Flex Agenda 41289 

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to establish a new clause to 

allow for a pass-through of taxes under 

payments for lease construction. The 

real estate tax base for a newly built or 

renovated building is uncertain until a 

tax assessment is completed, which can 

be a year or more after occupancy in 

some jurisdictions. Removing the tax 

base from the shell rent of a lease and 

providing a pass-through of the real 

estate taxes in lieu of a real estate tax 

adjustment over a base during the term 

of the lease will remove an element of 

risk from the pricing of rent, will result 

in greater competition, and will lower 

rental rates. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/21 

NPRM Comment 

Period End.

02/00/22 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marten Wallace, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

7736, Email: marten.wallace@gsa.gov. 

RIN: 3090–AK23 

221. General Service Acquisition 

Regulation (GSAR); GSAR Case 2020– 

G534, Extension of Certain 

Telecommunication Prohibitions to 

Lease Acquisitions 

Legal Authority: 40 U.S.C. 121(c); 5 

U.S.C. 801; Pub. L. 115–232 sec. 889 

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to extend the requirements of 

section 889 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2019 (Pub. L. 115–232) to 

lease acquisitions by requiring inclusion 

of the related Federal Acquisition 

Regulation (FAR) provisions and clause. 

Generally, the FAR does not apply to 

leasehold acquisitions of real property. 

However, several FAR provisions have 

been adopted based on statutory 

requirements through GSAR part 570. 

Section 889 applies to Government lease 

acquisitions and extension of the FAR 

requirements will ensure compliance. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/21 

NPRM Comment 

Period End.

09/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Stephen Carroll, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 817 253– 

7858, Email: stephen.carroll@gsa.gov. 

RIN: 3090–AK29 

222. • General Services Acquisition 

Regulation (GSAR); GSAR Case 2021– 

G505, Amending Prescriptions for 

Including Far Provisions and Clauses in 

Lease Procurements 

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

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to revise the prescriptions for 

FAR provisions and clauses that apply 

to lease solicitations and contracts. 

Additionally, GSA is proposing to make 

conforming changes to some provision 

and clause titles and numbers listed to 

align with the FAR, along with other 

editorial changes. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/21 

NPRM Comment 

Period End.

10/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Christina Mullins, 

Director, GSA Acquisition Policy 

Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

4066, Email: christina.mullins@gsa.gov. 

RIN: 3090–AK36 

223. • General Services Acquisition 

Regulation (GSAR); GSAR Case 2021– 

G522, Contract Requirements for HighSecurity Leased Space 

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

L. 116–276 

Abstract: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to incorporate contractor 

disclosure requirements and access 

limitations for high-security leased 

space pursuant to the Secure Federal 

Leases Act (Pub. L. 116–276). Covered 

entities are required to identify whether 

the immediate, highest-level, or 

beneficial owner of a high-security 

leased space, including an entity 

involved in the financing thereof, is a 

foreign person or entity when first 

submitting a proposal and annually 

thereafter. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/21 

NPRM Comment 

Period End.

11/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marten Wallace, 

Procurement Analyst, GSA Acquisition 

Policy Division, General Services 

Administration, 1800 F Street NW, 

Washington, DC 20405, Phone: 202 969– 

7736, Email: marten.wallace@gsa.gov. 

RIN: 3090–AK39 

GENERAL SERVICES 

ADMINISTRATION (GSA) 

Completed Actions 

224. General Service Acquisition 

Regulation (GSAR); GSAR Case 2020– 

G517, Contracting Exemption for 

Regulated Utilities 

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

Abstract: The General Services 

Administration (GSA) is withdrawing 

this case because it has been determined 

the changes required are non-regulatory, 

internally focused guidance. 

Completed: 

Action Date FR Cite 

Withdrawn ........... 02/24/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Clarence Harrison, 

Phone: 202 227–7051, Email: 

clarence.harrison@gsa.gov. 

RIN: 3090–AK24 

[FR Doc. 2021–14883 Filed 7–29–21; 8:45 am] 

BILLING CODE 6820–34–P 


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