19362 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

4. Section 552.238–77 is added to

read as follows:

552.238–77 Industrial funding fee.

As prescribed in 538.203–71(f), insert

the following clause:

Industrial Funding Fee (APR 1995)

(a) Contractors shall pay the Federal

Supply Service, GSA, an industrial funding

fee (IFF) at the end of each contract quarter.

The IFF shall be remitted at the same time

the GSA Form 72A, Contractor’s Report of

Sales, is submitted under clause 552.238–72,

Contractor’s Report of Sales. The IFF equals

lllll * of total sales reported on GSA

Form 72A. The IFF reimburses the GSA

Federal Supply Service for the costs of

operating the Federal Supply Schedules

Program and recoups its operating costs from

ordering activities. Offerors should include

the IFF in the prices submitted with their

offer. The fee will be included in the award

price(s) and reflected in the total amount

charged to ordering activities.

(b) The IFF amount due shall be paid by

check or electronic funds transfer to the

‘‘General Services Administration.’’ Where

multiple special item numbers and/or

contracts are involved, the IFF’s may be

consolidation into one payment. To ensure

that the payment is credited properly, the

Contractor should identify the check or

electronic transmission as an ‘‘Industrial

Funding Fee’’ and include the following

information: contract number(s); report

amount(s); and report period(s).

(1) If the IFF payment is made by check,

it should be forwarded to the following

address:

General Services Administration

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

(2) If the IFF payment is made by

electronic funds transfer through the

Automated Clearing House (ACH), the

Contractor should provide their financial

institution with the following information for

use in making payments: (i) the ACH

Transmission Routing Number of the

[Contracting officer to insert the name of the

bank]: [Contracting officer to insert the

Routing Number] and (ii) the GSA Account

Number: [Contracting officer to insert the

GSA Account Number]. Contractors may call

[Contracting officer to insert the phone

number] (GSA Accounts Receivable) with

questions regarding payments through the

ACH.

(c) If the full amount of the IFF is not paid

within 30 calendar days after the end of the

applicable reporting period, it shall

constitute a contract debt to the United States

Government under the terms of FAR 32.6.

The Government may exercise all rights

under the Debt Collection Act of 1982,

including withholding or setting off

payments and interest on the debt (see FAR

52.232–17, Interest).

(d) Failure to submit sales reports,

falsification of sales reports, and/or failure to

pay the IFF in a timely manner may result

in termination or cancellation of this

contract. Willful failure or refusal to furnish

the required reports, falsification of sales

reports, or failure to make timely payment of

the IFF constitutes a cause for terminating

the contractor for default under FAR 52.249–

9, Default (Fixed-Priced Supply and Service).

(End of Clause)

*The percentage amount of the fee to be

inserted in the above clause shall be

determined and provided to contracting

officers by the Commissioner, Federal Supply

Service, or a designee.

Dated: March 27, 1995.

Ida M. Ustad,

Associate Administrator for Acquisition

Policy.

[FR Doc. 95–9353 Filed 4–17–95; 8:45 am]

BILLING CODE 6820–61–M

48 CFR Parts 552 and 570

[APD 2800.12A CHGE 60]

RIN–AF66

General Services Administration

Acquisition Regulation; Leasing Real

Property

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Final rule.

SUMMARY: The General Services

Administration Acquisition Regulation

(GSAR) is amended to modify the

Proposals for Adjustment clause to

reflect the statutory increase in the

threshold for submission of cost or

pricing data from $100,000 to $500,000;

to reflect the current small business size

standard in the definition of small

business; to eliminate requirements for

obtaining appraisals in connection with

the acquisition of leasehold interests in

real property; to reflect the new

statutory threshold of $500,000 for

submission of cost or pricing data and

to make other editorial changes for

clarity; to reflect the elimination of

requirements for appraisals and to

eliminate reference to automatic

renewal clauses which are no longer

used; to reflect the new statutory

threshold of $500,000 for submission of

cost or pricing data; and to remove the

requirement for Forms 387, Analysis of

Value Statement, 3516, Solicitation

Provisions, 3517, General Clauses, and

3518, Representations and

Certifications. GSA is deleting all forms

which contain solicitation provisions

and/or contract clauses from the

regulation. The regulation will continue

to prescribe solicitation provisions and/

or contract clauses which are to be

included in solicitations or contracts.

EFFECTIVE DATE: April 18, 1995.

FOR FURTHER INFORMATION CONTACT:

Tom Wiznowski, Office of GSA

Acquisition Policy, (202) 501–1224.

SUPPLEMENTARY INFORMATION:

A. Background

This rule implements section 1251 of

the Federal Acquisition Streamlining

Act (FASA), Pub. L. 103–355, October

13, 1994 as it applies to the acquisition

of leasehold interests in real property.

Section 1251, among other things,

increased the threshold for submission

of cost or pricing data from $100,000 to

$500,000 for civilian agencies. The

increase in the threshold was effective

upon enactment. FASA also provides

that prime contracts entered into on or

before the effective date of enactment of

FASA shall be amended, without

requiring consideration, to reflect the

increased threshold upon the request of

a contractor.

This rule also implements one of the

recommendations made by a GSA

process re-engineering team for

improving the process for acquiring

leasehold interests in real property. The

reengineering team recommended that

the requirement for obtaining appraisals

in connection with certain leases of real

property be eliminated. This rule

eliminates the requirement for

appraisals but provides for the use of a

market survey or an appraisal to

establish a basis for use of the market

price exemption from the requirement

for obtaining certified cost or pricing

data.

B. Executive Order 12866

This rule was submitted to the Office

of Management and Budget under

Executive Order 12866.

C. Regulatory Flexibility Act

The General Services Administration

certifies that this final rule will not have

a significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) because most leases

of real property awarded to small

entities are awarded on a competitive

basis or on the basis of an established

market price and the requirement for

certified cost or pricing data do not

apply. The elimination of the

requirement for obtaining an appraisal

in certain circumstances when acquiring

a leasehold interest will have no impact

on small entities offering to lease space

to the Government. Therefore, a final

regulatory flexibility analysis was not

prepared.

D. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

GSAR do not impose recordkeeping

information collection requirements or

collection of information from offerors,
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19363

contractors, or members of the public

which require the approval of OMB

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

List of Subjects in 48 CFR Parts 552 and

570

Government Procurement.

Accordingly, 48 CFR Parts 552 and

570 are amended as follows:

1. The authority citation for 48 CFR

Parts 552 and 570 continues to read as

follows:

Authority: 40 U.S.C. 486(c).

PART 552—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

552.270—20 [Amended]

2. Section 552.270–20 is amended by

revising the date of the clause to read

‘‘APR 1995’’, by revising in paragraph

(b) the figure ‘‘$25,000’’ to read

‘‘$100,000’’, and by revising in

paragraphs (c) introductory text and

(c)(2) the figure ‘‘$100,000’’ to read

‘‘$500,000’’.

PART 570—ACQUISITION OF

LEASEHOLD INTERESTS IN REAL

PROPERTY

570.102 [Amended]

3. Section 570.102 is amended by

revising in the definition of ‘‘Small

business’’ the figure ‘‘$10 million’’ to

read ‘‘$15 million’’.

4. Section 570.208–3 is removed.

5. Section 570.304–5 is revised to read

as follows:

570.304–5 Negotiations and award.

Offers should be evaluated in

accordance with the solicitation. The

contracting officer should evaluate the

price using cost or price analysis and

document the lease file to demonstrate

that the proposed rental represents a fair

market price. In cases where the total

cost exceeds $500,000 cost or pricing

data must be obtained unless the

requirement is waived or one of the

exemptions at (FAR) 48 CFR 15.804–2

applies. The market price exemption

from submission of cost or pricing data

may be applied to proposed leases

where there is evidence that the price is

based on an established market price for

similar space leased to the general

public. A market survey and/or

appraisal conducted in accordance with

accepted real property appraisal

procedures may be used as evidence to

establish the market price. An

acceptable small business

subcontracting plan must be provided if

the lease will exceed $500,000, unless

the lease will be awarded to a small

business concern. Negotiations, if

applicable, should be conducted in

accordance with 570.205. For leases

expected to exceed $100,000, a

Certificate of Procurement Integrity

must be provided to the proposed

successful offeror for completion and

submission before award. The

contracting officer should review the

List of Parties Excluded from

Procurement or Nonprocurement

Programs, to ensure the proposed

awardee is eligible to receive the award

and is otherwise responsible before

awarding the lease.

570.501 [Amended]

6. Section 570.501 is amended by

removing paragraphs (d) and (e).

570.602–2 [Amended]

7. Section 570.602–2 is amended by

revising in paragraph (c)(3) the figure

‘‘$100,000’’ to read ‘‘$500,000’’.

570.802 [Amended]

8. Section 570.802 is amended by

removing paragraphs (c), (e), (f), and (g)

and by redesignating paragraph (d) as

(c).

Dated: March 27, 1995.

Ida M. Ustad,

Associate Administrator for Acquisition

Policy.

[FR Doc. 95–9356 Filed 4–17–95; 8:45 am]

BILLING CODE 6820–61–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 641

[Docket No. 94113–4354; I.D. 041195D]

Reef Fish Fishery of the Gulf of

Mexico; Closure of the Commercial

Red Snapper Component

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS closes the commercial

fishery for red snapper in the exclusive

economic zone (EEZ) of the Gulf of

Mexico. NMFS has projected that the

annual commercial quota for red

snapper will be reached on April 14,

1995. This closure is necessary to

protect the red snapper resource.

EFFECTIVE DATE: Closure is effective

12:01 a.m., local time, April 15, 1995,

through December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Robert Sadler, 813–570–5305.

SUPPLEMENTARY INFORMATION: The reef

fish fishery of the Gulf of Mexico is

managed under the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (FMP).

The FMP was prepared by the Gulf of

Mexico Fishery Management Council

and is implemented through regulations

at 50 CFR part 641 under the authority

of the Magnuson Fishery Conservation

and Management Act (16 U.S.C. 1801 et

seq.). Those regulations set the

commercial quota for red snapper in the

Gulf of Mexico at 3.06 million lb (1.39

million kg) for the current fishing year,

January 1 through December 31, 1995.

Under 50 CFR 641.26, NMFS is

required to close the commercial fishery

for a species or species group when the

quota for that species or species group

is reached, or is projected to be reached,

by publishing a notification to that

effect in the Federal Register. Based on

current statistics, NMFS has projected

that the commercial quota of 3.06

million lb (1.39 million kg) for red

snapper will be reached on April 14,

1995. Accordingly, the commercial

fishery in the EEZ in the Gulf of Mexico

for red snapper is closed effective 12:01

a.m., local time, April 15, 1995, through

December 31, 1995, the end of the

fishing year. A vessel with a valid reef

fish permit having red snapper on board

must land and barter, trade, or sell such

red snapper prior to 12:01 a.m., local

time, April 15, 1995.

During the closure, the bag limit

applies to all harvests of red snapper

from the EEZ in the Gulf of Mexico. The

daily bag limit for red snapper is five

per person. From 12:01 a.m., local time,

April 15, 1995, through December 31,

1995, the purchase, barter, trade, or sale

of red snapper taken from the EEZ is

prohibited. This prohibition does not

apply to trade in red snapper that were

harvested, landed, and bartered, traded,

or sold prior to 12:01 a.m., local time,

April 15, 1995, and were held in cold

storage by a dealer or processor.

Classification

This action is taken under 50 CFR

641.26 and is exempt from review under

E.O. 12866.

Dated: April 12, 1995.

Alfred J. Bilik,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–9439 Filed 4–12–95; 4:17 pm]

BILLING CODE 3510–22–F