Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Proposed Rules 44953 

II. Summary of Errors 

On page 38503, we are adding contact 

information for issues concerning 

educational requirements for nurse 

practitioners and clinical nurse 

specialists, and physician certification 

and recertification for Medicare home 

health services. 

On page 38510, in the formula for 

equipment cost per minute, we 

inadvertently omitted an asterisk. 

On page 38518, in the 1st column, we 

cited the incorrect chapter in the CMS 

Internet-Only Medicare Claims 

Processing Manual for more information 

concerning the instructions for the 

submission of interactive telehealth 

claims. 

On page 38525, we are correcting a 

typographical error that clarifies that 

participating CAP physicians whose 

participation in the CAP has been 

suspended will not receive CAP drugs. 

On page 38545, we are correcting a 

date cited in the CY 2009 PFS proposed 

rule that references the suit against the 

Secretary (Atlantic Urological 

Associates PA v. Leavitt, Civil Action 

No. 08–141–(RMC) (D.D.C.)). 

On page 38569, in Table 11, we 

inadvertently omitted an asterisk on 

measure numbers 110 and 111 that 

inform the public that these proposed 

PQRI measures were being proposed as 

measures that could be reported through 

electronic health records (EHR). 

On pages 38569 and 38571, we are 

correcting the footnotes to Tables 11 and 

13, respectively, to state these measures 

are 1 of 17 measures for which data may 

potentially be accepted through the EHR 

mechanism in 2009. 

On page 38576, we are correcting the 

language summarizing the current nurse 

practitioner qualification standards. 

III. Correction of Errors 

In FR Doc. E8–14949 of July 7, 2008 

(73 FR 38502), make the following 

corrections: 

1. On page 38503, in the 1st column, 

after the 11th paragraph, add the 

following: 

‘‘Regina Walker-Wren, (410) 786–9160, for 

information concerning educational 

requirements for nurse practitioners and 

clinical nurse specialists. 

Randy Throndset, (410) 786–0131, for 

information concerning physician 

certification and recertification for Medicare 

home health services.’’

2. On page 38510, in the 2nd column, 

line 1, the phrase ‘‘rate) * life of the 

equipment)))) +’’ is corrected to read 

‘‘rate) ** life of the equipment)))) +’’. 

3. On page 38518, in the 1st column; 

a. In the 1st full paragraph, line 22, 

the phrase ‘‘Chapter 15’’ is corrected to 

read ‘‘Chapter 12.’’

b. In the 2nd full paragraph, line 19, 

the phrase ‘‘Chapter 15’’ is corrected to 

read ‘‘Chapter 12.’’

4. On page 38525, in the 1st column, 

in the 2nd paragraph, line 16, the phrase 

‘‘CAP has suspended’’ is corrected to 

read ‘‘CAP has been suspended.’’

5. On page 38545, in the 2nd column; 

in the 1st full paragraph, line 1, the 

phrase ‘‘On January 25, 2008’’ is 

corrected to read ‘‘On January 24, 

2008.’’

6. On page 38569, in Table 11, 

a. Column 1, an asterisk is added to 

the title of measure numbers 110 and 

111 to read as follows: 

TABLE 11—2008 PQRI MEASURES PROPOSED FOR 2009 

Measure number and title Measure source 

110. Preventive Care and Screening: Influenza Immunization for Patients ≥ 50 Years Old * ........................................................ AMA–PCPI. 

111. Preventive Care and Screening: Pneumonia Vaccination for Patients 65 Years and Older * ................................................ NCQA. 

b. The footnote ‘‘* This measure is 

one fifteen measures for which data may 

potentially be accepted through the EHR 

mechanism in 2009.’’ is corrected to 

read ‘‘* This measure is 1 of 17 

measures for which data may 

potentially be accepted through the EHR 

mechanism in 2009.’’

7. On page 38571, Table 13, the 

footnote ‘‘* This measure is one fifteen 

measures for which data may 

potentially be accepted through the EHR 

mechanism in 2009.’’ is corrected to 

read ‘‘* This measure is 1 of 17 

measures for which data may 

potentially be accepted through the EHR 

mechanism in 2009.’’

8. On page 38576, in the 2nd column, 

in the 1st full paragraph, line 16, the 

phrase ‘‘requirements, but not entirely 

date’’ is corrected to read ‘‘requirements 

that are not entirely date.’’

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: July 28, 2008. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. E8–17732 Filed 7–31–08; 8:45 am] 

BILLING CODE 4120–01–P 

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. 

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: 

• 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. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

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

ATTN: Laurieann Duarte, Washington, 

DC 20405. 


jlentini on PROD1PC65 with PROPOSALS
44954 Federal Register / Vol. 73, No. 149 / Friday, August 1, 2008 / Proposed Rules 

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 

michaelo.jackson@gsa.gov. 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. 


jlentini on PROD1PC65 with PROPOSALS
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