[Federal Register Volume 79, Number 83 (Wednesday, April 30, 2014)]
[Proposed Rules]
[Pages 24361-24363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-09860]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 501, 537, and 552

[GSAR Case 2013-G501; Docket No. 2014-0010; Sequence 1]
RIN 3090-AJ46


General Services Administration Acquisition Regulation (GSAR); 
Qualifications of Offerors

AGENCY: Office of Acquisition Policy, General Services Administration.

ACTION: Proposed rule with request for comments.

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SUMMARY: The General Services Administration (GSA) is issuing a 
proposed rule amending the General Services Administration Acquisition 
Regulation (GSAR) to remove the GSAR clause Qualifications of Offerors.

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 2013-G501, 
Qualifications of Offerors, by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments by searching for ``GSAR Case 2013-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 2013-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: Ms. 
Flowers, Washington, DC 20405-0001.
    Instructions: Please submit comments only and cite GSAR Case 2013-
G501 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: Ms. Kathy Rifkin, Procurement Analyst, 
at 816-823-2170 or email kathy.rifkin@gsa.gov, for clarification of 
content. For information pertaining to status or publication schedules, 
contact the Regulatory Secretariat at 202-501-4755. Please cite GSAR 
Case 2013-G501.

SUPPLEMENTARY INFORMATION:

I. Background

    GSA is proposing to amend the GSAR to delete GSAR Clause 552.237-
70, Qualifications of Offerors, and provide other conforming changes.
    This rule is a result of a retrospective analysis conducted under 
Executive Order (E.O.) 13563, Improving Regulations 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 552.237-70, 
Qualifications of Offerors 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's Final Plan was 
also posted on www.gsa.gov/open. No comments were received.

II. Discussion and Analysis

    GSAM clause 552.237-70 was utilized to support GSA's Public 
Buildings Service as outlined in GSAM 537.110. The provision requires 
all offerors considered for award for building services expected to 
exceed the simplified acquisition threshold and not initiated with 
Ability One under the Javis-Wagner-O-Day Act to furnish:
     Narrative statement listing comparable contracts 
performed.
     A general history of operating organization and complete 
experience.
     A statement of financial resources.
     Information on ability to maintain a staff of regular 
employees adequate to ensure continuous performance of the work.
     Demonstration that equipment and/or plant capacity for the 
work contemplates is sufficient, adequate and suitable.
     Information on competency in performing comparable 
building service contracts, acceptable financial resources, personnel 
staffing, plant, equipment and supply sources.
    As a result of the Retrospective Analysis, GSA determined that the 
GSAR provision, 552.237-70, Qualifications of Offerors, is obsolete and 
no longer necessary. The collection of information associated with this 
provision is captured in a variety of methods such as: compliance with 
FAR part 9 including pre-award information, receipt of Dun and 
Bradstreet reports and receipt of contractor's proposal information 
submitted in response to the Government technical evaluation criteria.
    The specific changes contained in this rule are as follows:
     Information Collection 3090-0197, Qualifications of 
Offerors is deleted in its entirety.
     Under Subpart 501.106--Delete GSAR reference to 
Information Collection 3090-0197 and GSAR provision 552.237-70.
     Under GSAR 537.110, Solicitation Provisions and Contract 
Clauses--Delete GSAR 537.110(a)(1).

[[Page 24362]]

     Under GSAR 552.2, Text of Provisions and Clauses--GSAR 
552.212-71, Contract Terms and Conditions Applicable to GSA Acquisition 
of Commercial Items, delete paragraph (a), and designate the clause 
introductory text as paragraph (a) and revise.
     Under GSAR 552.2, Text of Provisions and Clauses--Delete 
provision 552.237-70 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 3090-0197 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 3090-0197, citing GSAR clause 
552.237-70, Qualifications of Offerors, is no longer needed and is 
removed from the GSAR. The IRFA has been prepared consistent with the 
criteria of 5 U.S.C. 604. The analysis is summarized as follows:
    The removal of the solicitation clause is pursuant to authority of 
the Paperwork Reduction Act, Public Law 96-511, 94 Stat. 2812, codified 
in part at 44 U.S.C. 3501-21 and Executive Order 13563.
    As a result of the Retrospective Analysis, GSA determined that the 
GSAR provision was no longer necessary and the provision was considered 
obsolete. Continued use of the provision was unnecessary as GSA 
currently collects this information called for under GSAR 552.237-70 by 
a variety of methods that include pre-award information, Dun and 
Bradstreet reports and contractor's proposal information submitted in 
response to the Government's technical evaluation criteria. 
Cancellation of the information collection and removal of the GSAR 
provision was reported to OMB by the Regulatory Secretariat with OMB 
approval provided on October 24, 2011.
    A determination was made under the authority of the Administrator 
of General Services Administration (GSA) that the action is necessary. 
GSA issued Acquisition Letter, MV-13-01 on January 13, 2013 that 
removed the contents of this rule from all contracts for building 
services expected to exceed the simplified acquisition threshold and 
not initiated with Ability One under the Javis-Wagner-O'Day Act.
    The Regulatory Secretariat has submitted a copy of the Initial 
Regulatory Flexibility Analysis (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. 601, et seq. (GSAR Case 2013-G501), 
in correspondence.

IV. 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 3090-0197 identifying GSAR Provision 552.237-70 on October 
24, 2011. Based on the withdrawal of the information collection, the 
agency reflected a public burden estimate of 6,794 hours with a base 
labor rate of $40.79 per hour for a total cost of $277,127 in savings. 
Therefore, this proposed rule does not contain any information 
collection requirements that require additional approval of the Office 
of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 
Chapter 35).

List of Subjects in 48 CFR Parts 501, 537, and 552

    Government procurement.

    Dated: April 21, 2014.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, General 
Services Administration.

    Therefore, GSA proposes to amend 48 CFR parts 501, 537, and 552 as 
set forth below:

0
1. The authority citation for 48 CFR parts 501, 537, and 552 continues 
to read as follows:

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

PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION 
SYSTEM


501.106  [Amended]

0
2. Amend section 501.106, in the table, by removing GSAR Reference 
``552.237-70'' and its corresponding OMB Control Number ``3090-0197''.

PART 537--SERVICE CONTRACTING

0
3. Amend section 537.110 by revising paragraph (a) to read as follows:


537.110  Solicitation provisions and contract clauses.

* * * * *
    (a) If the contract is expected to exceed the simplified 
acquisition threshold and it is not initiated with Ability One under 
the Javits-Wagner-O'Day Act insert 552.237-71, Qualifications of 
Employees, in the solicitation and contract. If needed, use 
supplemental provisions or clauses to describe specific requirements 
for employees performing work on the contract.
* * * * *

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Amend section 552.212-71 by--
0
a. Revising the clause heading;
0
b. Removing paragraph (a); and
0
c. Designating the clause introductory text as paragraph (a) and 
revising it to read as follows:


552.212-71  Contract Terms and Conditions Applicable to GSA Acquisition 
of Commercial Items.

* * * * *

Contract Terms and Conditions Applicable to GSA Acquisition of 
Commercial Items (Date)

    (a) The Contractor agrees to comply with any clause that is 
incorporated herein by reference to implement agency policy 
applicable to acquisition of commercial items or components. The 
clause in effect based on the applicable regulation cited on the 
date the solicitation is issued applies unless otherwise stated 
herein. The clauses in

[[Page 24363]]

paragraph (b) of this section are incorporated by reference:
    [The Contracting Officer should check the clauses that apply or 
delete the clauses that do not apply from the list. The Contracting 
Officer may add the date of the clause if desired for clarity.]
* * * * *


552.237-70  [Removed and Reserved]

0
5. Remove and reserve section 552.237-70.

[FR Doc. 2014-09860 Filed 4-29-14; 8:45 am]
BILLING CODE 6820-61-P