Daily Rules, Proposed Rules, and Notices of the Federal Government
* Fax: 202-501-4067.
* Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW, Room 4041, ATTN: Laurieann Duarte, Washington, DC 20405.
The General Services Administration (GSA) is amending the General Services Administration Acquisition Regulation (GSAR) to revise sections of GSAR part 515 that provide requirements for contracting by negotiation.
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 FAR and to 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.
GSA will rewrite each part of the GSAR and GSAM, and as each GSAR part is rewritten, will publish it in the
This rule covers the rewrite of GSAR Part 515. The specific changes are as follows:
• GSAR 501.106 - Added Control Number 3090-0163 as a cross reference for 515.201-1.
• GSAR 515.204—Added a paragraph to specify that the senior procurement executive is the designee per FAR 15.204(e).
• GSAR 515.204-1—Moved paragraph (a) to 515.204. Renumbered remaining paragraphs and references accordingly.
• GSAR 515.205—Added “or unless the incumbent contractor is otherwise ineligible for the award” to advise contracting officers that they are not obligated to include an offeror in the competition if they are not eligible to compete.
• GSAR 515.209-70, Examination of records by GSA clause—
a. In paragraph (b), changed “You” to “The contracting officer” eliminated the dashes in “Assistant Inspector General-Auditing” and “Regional Inspector General-Auditing”; and replaced each dash with a “for”; and
b. Paragraphs (c) and (d) were trasferred to Part 538 because they only pertain to Federal Supply Schedule (FSS) Multiple Award Schedule (MAS).
• 515.305, Proposal evaluation—
a. Transferred paragraph (a), renumbered it 515.208-70 and made it non-regulatory;
b. Transferred paragraph (b), renumbered it 515.305-71 and made it non-regulatory;
c. Made 515.305-70 non-regulatory; and
d. The text made non-regulatory and renumbered to 515.208-70 and 515.305-71, as well as the text that was formerly regulatory at 515.305-70, the team decided that it did not affect the public and was only applicable internally to GSA.
• 515.408, Solicitation provisions and contract clauses—Transferred to GSAM Part 538 because it is only applicable to the Multiple Award Schedules Program. This proposed revision also includes the CSP-1 form.
• 515.7002, Procedures—
a. Replaced “You” with “Contracting Officer” throughout the clause. Also changed “Base your determination” to “This determination should be based”;
b. In paragraph (a) changed FAR reference “14.202-4(g)” to “14.202-4(f)” and changed “However, qualifications” to “Samples are not requested. Any samples submitted with”. This is to include minor editorial changes suggested by the Advanced Notice of Public Rulemaking; and
c. In paragraph (b)(1) deleted “52.214-20” and replaced it with “552.214-72”. Deleted the remainder of the paragraph.
• 552.215-71—Transferred to Part 538 because of the proposed move in 515.209-70(c) and (d).
• 552.215-72—Transferred to Part 538 because of the proposed move in 515.408.
As a result of the rewrite of GSAM Part 515, certain text and clauses such as 552.215-71, Examination of Records by GSA (Multiple Award Schedule), and 552.215-72, Price Adjustment—Failure to Provide Accurate Information, were transferred to the GSAM rewrite team handling the rewrite of GSAM Part 538. The 538 team was assembled with GSA personnel who have experience in dealing with GSAM Part 538, including personnel from GSA's Federal Acquisition Service, which is the GSA component responsible for GSA's Multiple Award Schedules. GSA established a process in the rewrite initiative where text and clauses that were found more suited to be allocated to other parts of the GSAM were sent to the other rewrite teams for their analysis and incorporation into their assigned rewrite parts.
Nine comments covering Part 515 were received in response to the Advanced Notice of Proposed Rulemaking published in the
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.
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,
The Paperwork Reduction Act does apply; however, these changes to the GSAR do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 3090-0027.
Therefore, GSA proposes to amend 48 CFR parts 501, 515, and 552 as set forth below:
1. The authority citation for 48 CFR parts 501, 515, and 552 is revised to read as follows:
40 U.S.C. 121(c).
2. Amend section 501.106, in the table, by adding in numerical sequence, GSAR Reference “515.201-1” and its corresponding OMB Control Number “3090-0163”.
3. Revise Part 515 to read as follows:
(a) The uniform contract format is not required for leases of real property.
(b) The Senior Procurement Executive is the agency head's designee for the purposes of granting exemptions to the use of the Uniform Contract Format (see FAR 15.204(e)).
Each solicitation and contract must include the two notices in paragraphs (a) and (b) of this subsection, except that acquisitions of leasehold interests in real property, must include only the notice in paragraph (a).
(a) The information collection requirements contained in this solicitation/contract are either required by regulation or approved by the Office of Management and Budget pursuant to the Paperwork Reduction Act and assigned OMB Control No. 3090-0163.
(b) GSA's hours of operation are 8:00 a.m. to 4:30 p.m. Requests for preaward debriefings postmarked or otherwise submitted after 4:30 p.m. will be considered submitted the following business day. Requests for postaward debriefings delivered after 4:30 p.m. will be considered received and filed the following business day.
Potential sources, as used in FAR 15.205, include both of the following:
(a) The incumbent contractor, except when its written response to the notice of contract action under FAR Subpart 5.2 states a negative interest or unless the incumbent contractor is otherwise ineligible for the award.
(b) Offerors that responded to recent solicitations for the same or similar items.
(a) For other than multiple award schedule (MAS) contracts, insert the clause at 552.215-70, Examination of Records by GSA, in solicitations and contracts over $100,000, including acquisitions of leasehold interests in real property, that meet any of the conditions listed below:
(1) Involve the use or disposition of Government-furnished property.
(2) Provide for advance payments, progress payments based on cost, or guaranteed loan.
(3) Contain a price warranty or price reduction clause.
(4) Involve income to the Government where income is based on operations under the control of the contractor.
(5) Include an economic price adjustment clause where the adjustment is not based solely on an established, third party index.
(6) Are requirements, indefinite-quantity, or letter type contracts as defined in FAR Part 16.
(7) Are subject to adjustment based on a negotiated cost escalation base.
(8) Contain the provision at FAR 52.223-4, Recovered Material Certification.
(b) The contracting officer may modify the clause at 552.215-70 to define the specific area of audit (
Notice About Releasing Proposals
(1) The Government intends to disclose proposals received in response to this solicitation to nongovernment evaluators.
(2) Each evaluator will sign and provide to GSA a “Conflict of Interest Acknowledgment and Nondisclosure Agreement.”
For purposes of determining the date of receipt of a request for a postaward debriefing, GSA's hours of operation are 8:00 a.m. to 4:30 p.m. Requests received after 4:30 p.m. will be considered received the following business day.
(2) In addition to listing subjective characteristics that cannot adequately be described in the specification, the contracting officer may list and evaluate objective characteristics. To include objective characteristics, the contracting officer must determine that examination of such characteristics is essential to the acquisition of an acceptable product. This determination should be based on past experience or other valid considerations.
(c) FAR 52.215-1(c)(3) applies to samples received after the time set for receipt of offers.
4. Sections 552.215-71 and 552.215-72 are redesignated as 552.238-XX and 552.238-YY, respectively.