[Federal Register Volume 73, Number 149 (Friday, August 1, 2008)]
[Proposed Rules]
[Pages 44953-44955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17540]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 512 and 552

[GSAR Case 2008-G504; Docket 2008-0007; Sequence 11]
RIN 3090-AI61


General Services Acquisition Regulation; GSAR Case 2008-G504; 
Rewrite of GSAR Part 512, Acquisition of Commercial Items

AGENCY: Office of the Chief Acquisition Officer, General Services 
Administration (GSA).

ACTION: Proposed rule with request for comments.

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SUMMARY: The General Services Administration (GSA) is proposing to 
amend the General Services Acquisition Regulation (GSAR) to revise the 
language pertaining to requirements for the acquisition of commercial 
items.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before September 30, 2008 to be considered 
in the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2008-G504 by any of 
the following methods:
    <bullet> Regulations.gov: http://www.regulations.gov.
    Submit comments via the Federal eRulemaking portal by inputting 
``GSAR Case 2008-G504'' under the heading ``Comment or Submission''. 
Select the link ``Send a Comment or Submission'' that corresponds with 
GSAR Case 2008-G504. Follow the instructions provided to complete the 
``Public Comment and Submission Form''. Please include your name, 
company name (if any), and ``GSAR Case 2008-G504'' on your attached 
document.
    <bullet> Fax: 202-501-4067.
    <bullet> Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW., Room 4041, ATTN: Laurieann 
Duarte, Washington, DC 20405.

[[Page 44954]]

    Instructions: Please submit comments only and cite GSAR Case 2008-
G504 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Michael O. Jackson at (202) 208-4949, or by e-mail at 
<a href="/cdn-cgi/l/email-protection#3855515b50595d54571652595b534b5756785f4b59165f574e"><span class="__cf_email__" data-cfemail="dbb6b2b8b3babeb7b4f5b1bab8b0a8b4b59bbca8baf5bcb4ad">[email protected]</span></a>. For information pertaining to the status or 
publication schedules, contact the Regulatory Secretariat (VPR), Room 
4041, GS Building, Washington, DC 20405, (202) 501-4755. Please cite 
GSAR Case 2008-G504.

SUPPLEMENTARY INFORMATION:

A. Background

    The General Services Administration (GSA) is amending the General 
Services Administration Acquisition Regulation (GSAR) to revise 
sections of GSAR Part 512 that provide requirements for the acquisition 
of commercial items.
    This rule is a result of the General Services Administration 
Acquisition Manual (GSAM) rewrite initiative undertaken by GSA to 
revise the GSAM to maintain consistency with the Federal Acquisition 
Regulation (FAR) and to implement streamlined and innovative 
acquisition procedures that contractors, offerors, and GSA contracting 
personnel can utilize when entering into and administering contractual 
relationships. The GSAM incorporates the General Services 
Administration Acquisition Regulation (GSAR) as well as internal agency 
acquisition policy.
    GSA will rewrite each part of the GSAR and GSAM, and as each GSAR 
part is rewritten, will publish it in the Federal Register.
    This rule covers the rewrite of GSAR Part 512 and revises the text 
at GSAR 512.301, Solicitation provisions and contract clauses for the 
acquisition of commercial items. GSAR clauses 552.212-70, Preparation 
of Offer (Multiple Award Schedule), and 552.212-73, Evaluation--
Commercial Items (Multiple Award Schedule), are proposed for deletion 
from GSAR Part 512 and proposed to be moved to GSAR Part 538, Federal 
Supply Schedule Contracting, as these GSAR clauses are a better fit in 
GSAR Part 538. GSAR clauses 552.212-71, Contract Terms and Conditions 
Applicable to GSA Acquisition of Commercial Items and 552.212-72, 
Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders Applicable to GSA Acquisition of Commercial Items, are 
retained with no changes.
    Discussion of Comments
    Four comments covering Part 512 were received in response to the 
Advanced Notice of Proposed Rulemaking. A discussion of these comments 
is provided below:
    Comment: Add a clause to the GSAM that allows for use of FAR Part 
12 in relation to constructions or remodeling of real property.
    Response: Office of Federal Procurement Policy Memorandum dated 
July 3, 2003 states ``Part 12, as currently promulgated, should rarely, 
if ever, be used for new construction acquisitions or non-routine 
alterations and repair services. In accordance with longstanding 
practice, agencies should apply the policies of FAR Part 36 to these 
acquisitions. Therefore, no additional language is being added to Part 
12.
    Comment: Revise the GSAR to address inconsistencies and 
duplications between and among GSA contract clauses and FAR Part 12 
that are often included in a single contract.
    Response: The clauses were reviewed and any inconsistencies were 
eliminated to the maximum extent possible.
    Comment: Revise the GSAR to encourage contracting officers to 
consider a vendor's commercial practices and policies during 
negotiation of contract terms and conditions consistent with the 
contracting officer's ability to tailor clauses under FAR 12.302.
    Response: Current FAR Part 12 requires contracting officers to 
consider a vendor's commercial practices and policies during 
negotiations of contract terms and conditions.
    Comment: Revise the GSAR to eliminate inconsistencies and 
redundancies between the FAR and GSAR in the context of a Federal 
Supply Schedule, specifically citing Federal Supply Schedule 70.
    Response: The Federal Supply Schedule clauses have been reviewed 
and are being published in GSAM Part 538. Inconsistencies and 
redundancies between the FAR and GSAR were eliminated to the maximum 
extent possible.
    This 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. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The General Services Administration does not expect this proposed 
rule to have a significant economic impact on a substantial number of 
small entities within the meaning of the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq., because the revisions are not considered 
substantive. The revisions only update and reorganize existing 
coverage. An Initial Regulatory Flexibility Analysis has, therefore, 
not been performed. We invite comments from small businesses and other 
interested parties. GSA will consider comments from small entities 
concerning the affected GSAR Parts 512 and 552 in accordance with 5 
U.S.C. 610. Interested parties must submit such comments separately and 
should cite 5 U.S.C. 601, et seq. (GSAR case 2008-G504), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act applies; however, these changes to the 
GSAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Number 3090-
0027.

List of Subjects in 48 CFR Parts 512 and 552

    Government procurement.

    Dated: July 23, 2008.
Al Matera
Director, Office of Acquisition Policy, U.S. General Services 
Administration.
    Therefore, GSA proposes to amend 48 CFR parts 512 and 552 as set 
forth below:

PART 512--ACQUISITION OF COMMERCIAL ITEMS

    1. The authority citation for 48 CFR part 512 is revised to read as 
follows:

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

    2. Amend section 512.301 by revising paragraph (a) to read as 
follows:


512.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (a) Solicitation provisions and clauses. Insert these provisions or 
clauses in solicitations or solicitations and contracts, respectively, 
in accordance with the instructions provided:
    (1) 552.212-71, Contract Terms and Conditions Applicable to GSA 
Acquisition of Commercial Items, when listed clauses apply. The clause 
provides for incorporation by reference of terms and conditions which 
are, to the maximum extent practicable, consistent with customary 
commercial practice. If necessary, tailor this clause.

[[Page 44955]]

    (2) 552.212-72, Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to GSA Acquisitions of 
Commercial Items, when listed clauses apply. The clause provides for 
the incorporation by reference of terms and conditions required to 
implement provisions of law or executive orders that apply to 
commercial item acquisitions.
* * * * *

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. The authority citation for 48 CFR part 552 continues to read as 
follows:

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


552.212-70  [Removed]

    4. Remove section 552.212-70.


552.212-73  [Removed]

    5. Remove section 552.212-73.

[FR Doc. E8-17540 Filed 7-31-08; 8:45 am]
BILLING CODE 6820-61-S


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