[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Proposed Rules]
[Pages 24359-24361]
From the Federal Register Online via the Government Publishing 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 [email protected], 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