[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Proposed Rules]
[Pages 23374-23376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11654]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 541 and 552

[GSAR Case 2008-G511; Docket 2009-0008; Sequence 1]
RIN 3090-AI85


General Services Administration Acquisition Regulation; GSAR Case 
2008-G511; Rewrite of Part 541, Acquisition of Utility Services

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

ACTION: Proposed rule.

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SUMMARY: The General Services Administration (GSA) is proposing to 
amend the General Services Administration Acquisition Regulation (GSAR) 
to revise the section of GSAR Part 541 that provides requirements for 
the acquisition of utility services.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before July 20, 2009 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2008-G511 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-G511'' under the heading ``Comment or Submission''. 
Select the link ``Send a Comment or Submission'' that corresponds with 
GSAR Case 2008-G511. Follow the instructions provided to complete the 
``Public Comment and Submission Form''. Please include your

[[Page 23375]]

name, company name (if any), and ``GSAR Case 2008-G511'' on your 
attached document.
    <bullet> Fax: 202-501-4067.
    <bullet> Mail: General Services Administration, Regulatory 
Secretariat (VPR), 1800 F Street, NW, Room 4041, ATTN: Hada Flowers, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite GSAR Case 2008-
G511 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. Lori Sakalos at (202) 208-0498. 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-G511.

SUPPLEMENTARY INFORMATION:

A. Background

    The GSA is amending the GSA Acquisition Regulation (GSAR) to update 
the text addressing GSAR Part 541, Acquisition of Utility Services, and 
Subpart 541.XX, Solicitation Provision and Contract Clauses. 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 
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 GSAR as well as internal agency acquisition policy.
    The 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 GSAR portion of Part 541. Subpart 541.XX is 
identified as ``shaded'' for regulatory coverage. Currently, there are 
no GSA-unique clauses in Part 541. However, Subpart 541.XX, 
Solicitation Provisions and Contract Clauses, is added to prescribe two 
GSA--unique clauses. These clauses are outlined in section 541.501, 
Solicitation Provisions and Contract Clauses, and shall be inserted by 
contracting officers in all utility contracts and solicitations. The 
first clause, GSAR 552.241-XX, Availability of Funds for the Next 
Fiscal Year or Quarter, is added as regulatory text for inclusion in 
all GSA utility solicitations and contracts instead of FAR 52.232-19. 
The second clause, 552.241-YY/552.233-71, Disputes (Utility Contracts), 
was relocated from GSAM Part 533 and added to this subpart to 
specifically align with utility acquisitions.
    There were no public comments received in response to the Advanced 
Notice of Proposed Rulemaking published in the Federal Register at 71 
FR 7910 on February 15, 2006.
    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. The GSA will consider comments from small entities 
concerning the affected GSAR Parts 541 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-G511), 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. Chapter 35, et seq.

List of Subjects in 48 CFR Parts 541 and 552

    Government procurement.

    Dated: May 5, 2009.
Al Matera,
Director, Office of Acquisition Policy.
    Therefore, GSA proposes to amend 48 CFR Chapter 5 as set forth 
below:
    1. Add Part 541 to read as follows:

PART 541--ACQUISITION OF UTILITY SERVICES

Subpart 541.XX--Solicitation Provision and Contract Clauses

Sec.
541.501 Solicitation provision and contract clauses.

    2. The authority citation for 48 CFR part 541 reads as follows:

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


541.501  Solicitation provision and contract clauses.

    In addition to the solicitation terms, provisions and contract 
clauses at FAR 41.501(c), the contracting officer shall include the 
following clauses--
    (a) 552.241-XX, Availability of Funds for the Next Fiscal Year or 
Quarter. As prescribed in 541.501, insert the clause 552.241-XX, 
Availability of Funds for the Next Fiscal Year or Quarter, instead of 
FAR 52.232-19, in all utility acquisitions.
    (b) 552.241-YY, Disputes (Utility Contracts). As prescribed in 
541.501, insert clause 552.241-YY, Disputes (Utility Contracts), in 
solicitations and contracts for utility services subject to the 
jurisdiction and regulation of a utility rate commission.

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).

    4. Add sections 552.241-XX and 552.241-YY to read as follows:


552.241-XX  Availability of Funds for the Next Fiscal Year or Quarter.

    As prescribed in 541.501, insert the clause 541.241-XX, 
Availability of Funds for the Next Fiscal Year or Quarter, instead of 
FAR 52.232-19, in all utility acquisitions.
    AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR OR QUARTER (DATE)
    Funds are not presently available for performance under this 
contract beyond ----------------. The Government's obligation for 
performance of this contract beyond that date is contingent upon the 
availability of appropriated funds from which payment for contract 
purposes can be made. No legal liability on the part of the 
Government for any payment may arise for performance under this 
contract beyond ----------, until funds are made available to the 
Contracting Officer for performance and until the Contractor 
receives notice of availability, to be confirmed in writing by the 
Contracting Officer.
    (End of clause)


552.241-YY  Disputes (Utility Contracts).

    As prescribed in 541.501, insert clause 552.241-YY, Disputes 
(Utility Contracts), in solicitations and contracts for utility 
services subject to the jurisdiction and regulation of a utility rate 
commission.

[[Page 23376]]

    DISPUTES (UTILITY CONTRACTS) (DATE)
    The requirements of the Disputes clause at FAR 52.233-1 are 
supplemented to provide that matters involving the interpretation of 
tariffed retail rates, tariff rate schedules, and tariffed terms 
provided under this contract are subject to the jurisdiction and 
regulation of the utility rate commission having jurisdiction.
    (End of clause)
[FR Doc. E9-11654 Filed 5-18-09; 8:45 am]
BILLING CODE 6820-61-S