[Federal Register Volume 61, Number 192 (Wednesday, October 2, 1996)]
[Rules and Regulations]
[Pages 51373-51374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25174]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 501
[APD 2800.12A, CHGE 73]
RIN 3090-AG09
General Services Administration Acquisition Regulation;
Authorizing Deviations From the FAR and GSAR
AGENCY: Office of Acquisition Policy, GSA.
ACTION: Final rule.
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SUMMARY: The General Services Administration Acquisition Regulation
(GSAR) is amended to revise Subpart 501.4 to modify the policy on GSA
contracting activities deviating from the Federal Acquisition
Regulation (FAR) and GSAR and to lower the approval levels for both
individual and class deviations from the regulations.
EFFECTIVE DATE: October 2, 1996.
FOR FURTHER INFORMATION CONTACT: Al Matera, GSA Acquisition Policy
Division, (202) 501-1224.
SUPPLEMENTARY INFORMATION: .
A. Executive Order 12866
This rule is not a significant rule as defined in Executive Order
12866.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
it does not have an impact beyond the internal operations of GSA and is
not required to be published for public comment.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the GSAR do not impose recordkeeping or information collection
requirements, or otherwise collect information from offerors,
contractors or members of the public that require approval of the
Office of Management and Budget under 44 U.S.C. 3501, et seq.
D. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule under 5 U.S.C. 804. This rule was
submitted to Congress and GAO under 5 U.S.C. 804.
List of Subjects in 48 CFR Part 501
Government procurement.
Accordingly, 48 CFR 501 is amended as follows:
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM
1. The authority citation for 48 CFR 501 continues to read as
follows:
[[Page 51374]]
Authority: 40 U.S.C. 486(c).
2. Subpart 501.4 is revised to read as follows:
Subpart 501.4--Deviations From the FAR and GSAR
501.402 Policy.
(a) Uniformity is an objective of the GSA Acquisition Regulatory
System. However, the desire for consistency of action by GSA
contracting activities must not restrict or discourage development and
testing of new procedures and techniques. Similarly, the desire for
consistency must not prevent GSA contracting activities from adopting
alternate procedures determined to be in the Government's interest
based on unique programmatic or managerial considerations.
(b) A contracting activity may deviate from a regulatory provision
which implements a statutory requirement only to the extent that the
deviation does not violate the underlying statute.
(c) Deviations must not be used to defeat the FAR and GSAR approval
requirements.
501.403 Individual deviations.
Individual deviations from the GSAR or the FAR must be approved by
the Contracting Director. A copy must be submitted to GSA's Senior
Procurement Executive (MV).
501.404 Class deviations.
(a) Class deviations from the FAR or the GSAR must be approved by
the head of the contracting activity (HCA). A copy must be submitted to
GSA's Senior Procurement Executive (MV).
(b) Requests for class deviations must be supported by statements
that disclose the need for and the nature of the deviation.
(c) Class deviations from the GSAR will expire in 12 months if not
extended. They may be rescinded earlier by the Senior Procurement
Executive or the HCA without prejudice to any action previously taken.
Dated: September 26, 1996.
Ida M. Ustad,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 96-25174 Filed 10-1-96; 8:45 am]
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