[Federal Register Volume 60, Number 208 (Friday, October 27, 1995)]
[Rules and Regulations]
[Pages 54955-54956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26687]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 501, 504, 507, 508, 509, 515, 516, 519, 528, 536, 541,
549, and 552
[APD 2800.12A, CHGE 68]
RIN 3090-AF80
General Services Administration Acquisition Regulation;
Miscellaneous Changes
AGENCY: Office of Acquisition Policy, GSA.
ACTION: Final rule.
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SUMMARY: The General Services Administration Acquisition Regulation
(GSAR) is amended to implement portions of the Federal Acquisition
Streamlining Act of 1994 (FASA). This change to the GSAR implements
those Federal Acquisition Regulation (FAR) changes, makes other changes
to reflect suggestions previously submitted for streamlining the
regulations or implementing themes in the Vice President's National
Performance Review, and makes miscellaneous changes and corrections.
EFFECTIVE DATE: October 30, 1995.
FOR FURTHER INFORMATION CONTACT:
Paul Linfield, Office of GSA Acquisition Policy (202) 501-1224.
SUPPLEMENTARY INFORMATION:
A. Public Comments
This rule was not published in the Federal Register for public
comment because it merely revises the GSAR to conform to the FAR and
makes other changes in agency internal operating procedures.
B. Executive Order 12866
This rule was not submitted to the Office of Management and Budget
because it is not a significant rule as defined in Executive Order
12866, Regulatory Planning and Review.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply because this rule is
not a significant revision as defined in FAR 1.501-1.
D. Paperwork Reduction Act
This rules does not impose any information collection or
recordkeeping requirements that require the approval of OMB under 44
U.S.C. 3501, et seq. Therefore, the requirements of the Paperwork
Reduction Act do not apply.
List of Subjects in 48 CFR Parts 501, 504, 507, 508, 509, 515, 516,
519, 528, 536, 541, 549 and 552
Government procurement.
Accordingly, 48 CFR Parts 501, 504, 507, 508, 509, 515, 516, 519,
528, 536, 541, 549 and 552 are amended as follows:
1. The authority citation for 48 CFR Parts 501, 504, 507, 508, 509,
515, 516, 519, 528, 536, 549 and 552 continues to read as follows:
Authority: 40 U.S.C. 486(c).
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM
501.700 [Removed]
501.704 [Removed]
501.704-70 [Removed]
2. Sections 501.700, 501.704 and 501.704-70 are removed.
3. Section 501.707 is revised to read as follows:
501.707 Signatory authority.
The FAR frequently refers to determinations being made by the
agency head. Section 309 of the Federal Property and Administrative
Services Act defines agency head and provides that at the option of the
Administrator, the term may include the chief official of any principal
organizational unit of the GSA. The Administrator has authorized the
heads of contracting activities to act as agency head to facilitate the
procurement of property and services under Title III of the Federal
Property and Administrative Services Act. (See GSA Delegation of
Authority Manual, ADM P 5450.39C.) When the applicable statute
precludes redelegation of the authority, the Administrator must sign
the D&F (see for example, FAR 6.302-7). Class D&Fs, if authorized, must
be signed by the HCA.
PART 504--ADMINISTRATIVE MATTERS
4. Section 504.7001-2 is amended by revising paragraph (c) to read
as follows, and by removing the words ``small purchases'' in paragraph
(f) service/office designation M and P, and inserting ``simplified
acquisition'' in their place.
504.7001-2 Basic procurement instrument identification number.
* * * * *
(c) The fifth character is a capital letter assigned to the
service/office preparing the instrument as follows:
B Office of the Chief Financial Officer
F Federal Supply Service
G GSA Board of Contract Appeals
C Office of Management and Human Resources
J Office of Inspector General
K Information Technology Service
L Office of General Counsel
P Public Buildings Service
T Federal Telecommunications Service
* * * * *
PART 507--ACQUISITION PLANNING
5. Section 507.104 is amended by revising paragraphs (c), (d), and
(e) to read as follows:
507.104 General procedures.
* * * * *
(c) Limited plans must be in writing, unless waived under paragraph
(d) of this section.
(d) The contracting director may waive the requirement for a
written limited acquisition plan (1) for recurring annual acquisitions
or (2) in cases of unusual or compelling urgency. The individual
responsible for preparing the plan shall present (as a minimum) an oral
plan to at least the next higher level for approval. The file must
summarize the content of the oral plan and the name of the individual
that approved it. In cases of unusual or compelling urgency, the
summary must also indicate the nature of the urgency and may be
prepared after award when preparation before award would unreasonably
delay the acquisition. The summary may be included in the justification
required by FAR 6.302-2(c).
(e) Acquisition plans for contracts which propose using other than
full and open competition must be coordinated with and concurred in by
the cognizant competition advocate unless the
[[Page 54956]]
proposed contract will be awarded under the authority at FAR 6.302-5 or
will be awarded under a class justification approved by the Associate
Administrator for Acquisition Policy.
PART 508--REQUIRED SOURCES OF SUPPLIES AND SERVICES
Subpart 508.3 [Removed and Reserved]
6. Subpart 508.3 is removed and reserved.
7. Subpart 508.7 is amended by revising the heading to read as
follows:
Subpart 508.7--Acquisition From Nonprofit Agencies Employing People Who
Are Blind or Severely Disabled
8. Section 508.705-70 is amended by revising paragraphs (b) and (d)
to read as follows:
508.705-70 Adding items to the Procurement List.
* * * * *
(b) The Committee for Purchase from People Who Are Blind or
Severely Disabled (the Committee), if requested by the CNA, may assign
the supply or service to the CNA for development by a workshop and will
list the item in the Preliminary Evaluation Record. A copy of the
record, updated monthly, is maintained by the Office of Enterprise
Development (E).
* * * * *
(d) The Committee may request that a procurement be delayed pending
Committee action. The contracting activity shall consult with E before
rejecting such a request.
PART 509--CONTRACTOR QUALIFICATIONS
509.106-70 [Removed]
9. Section 509.106-70 is removed.
PART 515--CONTRACTING BY NEGOTIATION
10. Section 515.501 is revised to read as follows:
515.501 Definitions.
Coordinating office, as used in this subpart, means the (a) Office
of GSA Acquisition Policy, (b) Office of Acquisition, FSS, (c) Office
of Information Technology Acquisition, ITS, (d) Office of the
Acquisition Executive, PBS, or the office designated in writing by the
regional administrator in the regions. The Office of GSA Acquisition
Policy serves as the coordinating office for Central Office activities
outside of FSS, ITS, and PBS.
PART 516--TYPES OF CONTRACTS
Subpart 516.3--[Removed]
11. Subpart 516.3 is removed.
516.403 [Removed]
12. Section 516.403 is removed.
PART 519--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
519.502-1 [Removed]
13. Section 519.502-1 is removed.
PART 528--BONDS AND INSURANCE
14. Section 528.103-2 is amended by revising paragraph (a) to read
as follows:
528.103-2 Performance bonds.
(a) Performance bonds shall not be required for building service
contracts unless a written determination is made by the contracting
officer explaining why the bond is essential to protect the
Government's interest and justifying the additional cost of the bonding
requirement.
* * * * *
528.106-1 [Removed]
15. Section 528.106-1 is removed.
PART 536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
536.302-70 [Removed]
16. Section 536.302-70 is removed.
17. Part 541 is added to read as follows:
PART 541--ACQUISITION OF UTILITY SERVICES
Authority: 40 U.S.C. 486(c).
Subpart 541.4--Administration
541.401 Monthly and annual review.
Unless other procedures are established, the contracting officer
shall perform or cause to be performed the reviews required by FAR
41.401.
PART 549--TERMINATION OF CONTRACTS
18. Section 549.111 is revised to read as follows:
549.111 Review of proposed settlements.
The HCA may establish procedures for the review and approval of
settlement agreements at a level above the contracting officer.
Dated: October 12, 1995.
Ida M. Ustad,
Associate Administrator for Acquisition Policy.
[FR Doc. 95-26687 Filed 10-26-95; 8:45 am]
BILLING CODE 6820-61-M
