Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Proposed Rules 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 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Part 513 

[GSAR Case 2007–G502; Docket 2008–0007; 

Sequence 16] 

RIN 3090–AI67 

General Services Acquisition 

Regulation; GSAR Case 2007–G502; 

Rewrite of GSAR Part 513, Simplified 

Acquisition Procedures 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the General Services Acquisition 

Regulation (GSAR) to revise and update 

the agency’s implementation of the 

Federal Acquisition Regulation (FAR) 

Part 13, Simplified Acquisition 

Procedures. 

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 2007–G502 by 

any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘GSAR Case 2007–G502’’

under the heading ‘‘Comment or 

Submission’’. Select the link ‘‘Send a 

Comment or Submission’’ that 

corresponds with GSAR Case 2007–

G502. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘GSAR Case 2007–G502’’ on your 

attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street, NW, Room 4041, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite GSAR Case 2007–G502 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 Ms. 

Meredith Murphy at (202) 208–6925. 

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 2007–G502. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This is part of the GSAM Rewrite 

Project, initiated in 2006 to revise, 

update, and simplify the GSAM. An 

Advance Notice of Proposed 

Rulemaking (ANPR), with a request for 

comments, was published in the 

Federal Register at 71 FR 7910, 

February 15, 2006. No public comments 

were received in response to Part 513. 

Prior to publication of this proposed 

rule, the draft coverage was circulated 

within GSA to the Services and regions. 

A total of 57 comments, from within the 

agency, were received from 16 

commenters. The proposed rule 

incorporates those recommendations 

where appropriate. The current GSAM 

Part 513 implements three of the FAR 

Part 13 subparts and the policy at 

513.003. There are no clauses associated 

with Part 513, and no supplementary 

subparts. The proposed rule deletes the 

policy statement at 513.003 and certain 

GSA-specific forms that are redundant 

to standard or optional forms in the 

FAR, as well as the GSAM text 

associated with them. 

The GSA review team noted that 

GSAR Part 513 material currently coded 

as regulatory, i.e., GSAR, does not, in 

fact, contain regulatory material. GSAR 

513.302–70, 513.303–3(a) and (b), and 

513.307 are considered policy because 

these sections merely direct contracting 

officers to use certain forms in certain 

circumstances, and to include any 

geographic limitations and instructions 

in Blanket Purchase Agreements (BPAs). 

There are no clauses or solicitation 

provisions in these sections. Therefore, 

the team has recommended changing 

the referenced material (formerly 

shaded gray) to GSAM rather than 

GSAR. The effect is to remove all of the 

Part 513 GSAR material. However, this 

former GSAR material has been 

retained, with some modifications, in 

the GSAM, which will also be available 

to the public on the GSAM web site, 

once the revisions are made final. 

The following sections explain in 

detail the changes that are proposed to 

the former GSAR, now GSAM, Part 513 

coverage. This information is not being 

provided for comment, but rather to 

simply notify the reader about changes 

to the former GSAR, now GSAM. 

513.302–70: References to electronic 

processing systems were updated at 

513.302–70, and paragraph (f) relating to 

the outdated Standard Form (SF) 44 

procedure was deleted. The GSA Forms 

300 and 300A, Order for Supplies and 

Services, and Order for Supplies and 

Services—Continuation, respectively, 

are proposed for removal in favor of the 

preferred Optional Form (OF) 347, 

Order for Supplies and Services, and OF 

348, Order for Supplies or Services—

Continuation. These forms are outdated 

for a number of reasons: 

• Part 553 shows GSA Forms 300 and 

300A as being 14 pages in length; 

effectively, however, it is a two-page 

form (Form 300 is the front and Form 

300A is the back) repeated seven times. 

With electronic commerce, those 

additional copies are no longer needed. 

• The form is required to be printed 

and used in a pin-feed format, an 

outdated technology. 

• The second page of the form 

contains outdated clauses. Also, 

including clauses on a GSA form does 

not allow for frequently required 

updates. 

• Variations of the GSA Forms 300 

and 300A are in use in at least four 

different software systems: NEAR, 

Pegasys, ITSS, and Comprison. 

However, none of these four systems 

uses the actual Form 300, and all four 

systems have modified the Form 300—

but each has modified the form in 

different ways. In other words, there is 

not a single consistent format being 

used for the GSA Form 300 at GSA. 

OF 347 and OF 348 are very similar 

to the GSA Forms 300 and 300A, 

without the outdated and duplicative 

elements of the latter. FAR Drafting 

Conventions establish an order of 


jlentini on PROD1PC65 with PROPOSALS
44956 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Proposed Rules 

preference as follows: Standard Forms 

first, Optional Forms second, and 

agency-specific forms third. GSA is in 

the process of procuring a new billing 

and invoicing system. This should 

provide the ideal opportunity to change 

over from the GSA forms to the Optional 

Forms and to make all processes 

consistent. However, we recognize that 

the change will take some time to 

complete, and we propose to delay the 

effective date for cancellation of the 

GSA Forms 300 and 300A six months 

beyond the effective date of GSAM Part 

513. The delayed effective date will be 

accomplished as part of the GSA Order 

implementing the revised Part 513. 

513.303–3: The GSAM addresses four 

key areas of Blanket Purchase 

Agreements (BPAs) that have presented 

the most procedural issues for 

procurement personnel. Therefore, the 

existing GSAM 513.303–3 is retained, 

but it is modified to include reference 

to the GSA Form 3521, Blanket 

Purchase Agreement. Also, an outdated 

reference to GSA 525.570 was deleted. 

513.307: This section currently is a 

single line authorizing the use of the 

GSA Form 3521 for preparation of a 

blanket purchase agreement. GSA is 

retaining the form but moving the 

reference to 513.303, Blanket purchase 

agreements (BPAs). 

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 changes are primarily 

editorial in nature. 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 Part 513 

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 2007–

G502), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the GSAM do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

List of Subjects in 48 CFR Part 513 

Government procurement. 

Dated: July 24, 2008. 

Al Matera, 

Director, Office of Acquisition Policy. 

Therefore, under the authority of 40 

U.S.C. 121(c), GSA proposes to remove 

48 CFR part 513. 

PART 5137—[REMOVED] 

[FR Doc. E8–17549 Filed 7–31–08; 8:45 am] 

BILLING CODE 6820–61–S 


jlentini on PROD1PC65 with PROPOSALS