[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Proposed Rules]
[Pages 24359-24361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09850]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 501, 514, and 552

[GSAR Case 2014-G501; Docket No. 2014-0007; Sequence No. 1]
RIN 3090-AJ47


 General Services Administration Acquisition Regulation (GSAR); 
Progressive Awards and Monthly Quantity Allocations

AGENCY: Office of Acquisition Policy, General Services Administration.

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 remove GSAR clause Progressive Awards and Monthly Quantity 
Allocations.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat on or before June 30, 2014 to be considered in 
the formulation of a final rule.

ADDRESSES: Submit comments identified by GSAR Case 2014-G501, 
Progressive Awards and Monthly Quantity Allocations, by any of the 
following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments by searching for ``GSAR Case 2014-G501''. Select the link 
``Comment Now'' and follow the instructions provided at the ``You are 
commenting on'' screen. Please include your name, company name (if 
any), and ``GSAR Case 2014-G501'', on your attached document.
     Fax: 202-501-4067.
     Mail: U.S. General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, ATTN: Hada 
Flowers, Washington, DC 20405.
    Instructions: Please submit comments only and cite GSAR Case 2014-
G501 in all correspondence related to this case. All comments received 
will be posted without change to http://

[[Page 24360]]

www.regulations.gov, including any personal and/or business 
confidential information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Eble, Procurement Analyst, 
at 215-446-5823, or email at deborah.eble@gsa.gov, for clarification of 
content. For information pertaining to the status or publication 
schedules, contact the Regulatory Secretariat at 202-501-4755. Please 
cite GSAR Case 2014-G501.

SUPPLEMENTARY INFORMATION:

I. Background

    GSA is proposing to amend the GSAR to delete GSAR clause 552.214-
71, Progressive Awards and Monthly Quantity Allocations, and provide 
other conforming changes.
    This rule is a result of the retrospective analysis conducted under 
Executive Order (E.O.) 13563, Improving Regulation and Regulatory 
Review. E.O. 13563 required agencies to review existing regulations and 
identify rules that are obsolete, unnecessary, unjustified, excessively 
burdensome or counterproductive and identify those rules that warrant 
repeal, amendment, or revision. GSA identified GSAR clause 552.214-71, 
Progressive Awards and Monthly Quantity Allocations as one of four 
information collections in GSA's Final Plan for Retrospective Analysis 
approved by the Office of Management and Budget (OMB) on August 18, 
2011. GSA's Final Plan for Retrospective Analysis was published in the 
Federal Register at 76 FR 32088 on June 3, 2011, (http://www.gpo.gov/fdsys/pkg/FR-2011-06-03/pdf/2011-13495.pdf), welcoming public comments. 
The GSA Final Plan was also posted on www.gsa.gov/open. No comments 
were received.

II. Discussion and Analysis

    GSAR clause 552.214-71 was used to support some stock replenishment 
contracts under the GSA's Federal Acquisition Service (FAS) Global 
Supply Program, supplying firefighting clothing and shelter. The 
prescription at GSAR 514.201-7 states that some contractors may be 
unable to meet the Government's monthly requirements for some stock 
replenishment contracts and therefore recommends the use of GSAR clause 
552.214-71 in solicitations and contracts. The clause requires 
contractors to identify monthly quantities they are able to furnish 
from the same production facilities. The clause then enables the 
Government to make progressive awards beginning with the lowest 
responsive offeror, including each next low responsive offeror until 
the Government's need is fulfilled.
    As a result of the Retrospective Analysis, GSA determined that the 
GSAR clause, 552.214-71, Progressive Awards Monthly Quantity 
Allocations, is obsolete and no longer necessary. The clause is no 
longer used by Federal Acquisition Service's (FAS) Global Supply 
Program and is not included in any of the GSA Federal Supply Schedule 
contracts, including those for firefighting clothing and shelters.
    The specific changes contained in this rule are as follows:
     Information Collection 3090-0200, Sealed Bidding, which 
references GSAR 552.214-71, Progressive Awards and Monthly Quantity 
Allocations, is deleted in its entirety.
     Under GSAR Subpart 501.106--references 514.201-7(a) and 
552.214-71 and corresponding OMB Control Number 3090-0200, Sealed 
Bidding, are deleted.
     GSAR 514.201-7--Deleted in its entirety.
     GSAR 552.214-71--Deleted in its entirety.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    GSA does not expect this rule to have a significant economic impact 
on a substantial number of small business entities within the meaning 
of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., as the 
Information Collection 3090-0200 is no longer needed and is removed 
from the GSAR. However, the agency did proceed with an Initial 
Regulatory Flexibility Analysis (IRFA) since this is issued as a 
proposed rule. This proposed rule reduces the burden on small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et 
seq., as the Information Collection 3090-0200, Sealed Bidding, citing 
GSAR clause 552.214-71, Progressive Awards and Monthly Quantity 
Allocations, is no longer needed and is removed from the GSAR. This 
IRFA has been prepared consistent with the criteria of 5 U.S.C. 604. 
The analysis is summarized as follows:

    The clause is no longer used to support GSA's Global Supply 
Program, supplying fire fighting protective clothing and shelters as 
described in Information Collection 3090-0200. GSA Schedule 84, 
Total Solutions for Law Enforcement, Security, Facilities 
Management, Fire, Rescue, Clothing, Marine Craft and Everyday 
Disaster Response, forms the basis for the Global Supply Program, 
including fire fighter clothing and shelters. The review of the 
terms and conditions listed in the Schedule 84 solicitation 
confirmed GSAR clause 552.214-71 is no longer used.
    The review of the terms and conditions of the awarded Schedule 
84 contractors supplying wildland fire fighting clothing and 
shelters, specifically under Special Item Number (SIN) 633 30 
through SIN 633 39 in GSA Advantage, found there were no 
restrictions in the quantities of supplies offered by the awarded 
firms, including 47 small businesses, further supporting the 
determination that the clause is no longer used.

    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. GSA 
invites comments from small business concerns and other interested 
parties on the expected impact of this rule on small entities.
    GSA will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610, et seq. (GSAR Case 2014-G501), 
in correspondence.

V. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. Chapter 35) does not apply. 
OMB approved the withdrawal and discontinuation of the Information 
Collection 3090-0200, Sealed Bidding, identifying GSAR Clause 552.214-
71, Progressive Awards and Monthly Quantity Allocations, on October 24, 
2011. Based upon the withdrawal of the information collection 
requirements the agency reflected a public burden estimate of 5 burden 
hours with a base labor rate of $32.93 for a total cost savings of 
$164.65. With the deletion of the reporting requirement and 
discontinuation of the information collection, this rule does not 
contain any information collection that requires additional approval of 
the Office of

[[Page 24361]]

Management and Budget under the Paperwork Reduction Act (44 U.S.C. 
Chapter 35).

List of Subjects in 48 CFR Parts 501, 514, and 552

    Government procurement.

    Dated: April 21, 2014.
Jeffrey Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy.

    Therefore, GSA proposes to amend 48 CFR parts 501, 514, and 552 as 
set forth below:

PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION 
SYSTEM

0
1. The authority citation for 48 CFR part 501 continues to read as 
follows:

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


501.106   [Amended]

0
2. Amend section 501.106 in the table, by removing, GSAR Reference 
``514.201-7(a)'' and ``552.214-71'' and their corresponding OMB Control 
Number ``3090-0200''.

PART 514--SEALED BIDDING

0
3. Revise the authority citation for 48 CFR part 514 to read as 
follows:

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


514.201-7  [Removed and Reserved]

0
4. Remove and reserve section 514.201-7.

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. The authority citation for 48 CFR part 552 continues to read as 
follows:

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


552.214-71   [Removed and Reserved]

0
6. Remove and reserve section 552.214-71.

[FR Doc. 2014-09850 Filed 4-29-14; 8:45 am]
BILLING CODE 6820-61-P