[Federal Register: March 29, 2005 (Volume 70, Number 59)]
[Rules and Regulations]
[Page 15779-15780]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr05-20]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 501
[GSAR Amendment 2005-01; GSAR Case 2004-G508 (Change 14)]
RIN 3090-AI07
General Services Administration Acquisition Regulation;
Deviations
AGENCIES: General Services Administration (GSA), Office of the Chief
Acquisition Officer.
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) by
issuing a final rule to modify existing policy on obtaining deviations
from both the Federal Acquisition Regulation (FAR) and GSAR. This final
rule will include revised procedures for obtaining deviations and will
clarify the term ``class deviation,'' and add clarification regarding
the term ``contract action''.
DATES: Effective Date: March 29, 2005.
FOR FURTHER INFORMATION CONTACT The Regulatory Secretariat (VIR), Room
4035, GS Building, Washington, DC, 20405, (202) 501-4755, for
information pertaining to status or publication schedules. For
clarification of content, contact Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775. Please cite Amendment 2005-01, GSAR case
2004-G508 (Change 14).
SUPPLEMENTARY INFORMATION:
A. Background
The FAR prescribes policies and procedures for authorizing
deviations from the FAR when necessary to meet the specific needs and
requirements of an agency unless precluded by law, executive order, or
regulation. FAR 1.402 provides that the development and testing of new
techniques and methods of acquisition should not be stifled simply
because such actions would require a FAR deviation. However, deviations
to the FAR and the GSAR have raised questions indicating the need to
increase the involvement of the Office of the Chief Acquisition
Officer. Therefore, this final rule modifies GSAR 501.403 and 501.404
to include revised procedures for obtaining deviations and clarify the
term ``class deviation,'' and adds GSAR 501.404-70 to clarify the term
``contract action.''
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.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comments is not required. However, GSA will consider comments from
small entities concerning the affected GSAR Subpart 501.4 in accordance
with 5 USC. 610. Interested must parties must submit such comments
separately and should cite 5 U.S.C. 601, et. seq. (GSAR case 2004-
G508), in correspondence.
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.
List of Subjects in 48 CFR Part 501
Government procurement.
Dated: March 22, 2005.
David A. Drabkin,
Senior Procurement Executive, Office of the Chief Acquisition Officer,
General Services Administration.
0
Therefore, GSA amends 48 CFR part 501 as set forth below:
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM
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1. The authority citation for 48 CFR part 501 is revised to read as
follows:
Authority: 40 U.S.C. 121(c).
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2. Amend section 501.403 by revising paragraphs (a) and (c) to read as
follows:
501.403 Individual deviations.
(a) An individual deviation affects only one contract action.
(1) The Head of the Contracting Activity (HCA) must approve an
individual deviation to the FAR. The authority to grant an individual
deviation may not be re-delegated. A copy of the deviation must be
provided to GSA's Senior Procurement Executive (SPE).
[[Page 15780]]
(2) An individual deviation to the GSAR must be approved by the
HCA. The authority to grant an individual deviation may be re-delegated
to the Contracting Director.
* * * * *
(c) Send a copy of each deviation to GSA's SPE (V).
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3. Amend section 501.404 by revising paragraphs (a), (c), and (e)(2) to
read as follows:
501.404 Class deviations.
(a) A class deviation affects more than one contract action. A
deviation for any solicitation that will result in multiple awards or
any solicitation under the multiple award Federal Supply Schedule
program is considered to be a class deviation. Each award under such a
solicitation is considered an individual contract action.
(1) A class deviation to the FAR must be forwarded by the cognizant
HCA to GSA's SPE for approval. Prior to approving a class deviation to
the FAR, the SPE will consult with the Chairman of the Civilian Agency
Acquisition Council (CAAC) in accordance with FAR 1.404(a)(1).
(2) A class deviation to the GSAR must be forwarded by the
cognizant HCA to GSA's SPE for approval.
(3) When an HCA knows that a proposed class deviation will be
required on a permanent basis, the HCA should propose or recommend an
appropriate FAR and/or GSAR revision.
* * * * *
(c) Send a copy of each deviation to GSA's SPE (V).
* * * * *
(e) * * *
(2) May be rescinded earlier by GSA's SPE or by officials
designated under paragraph (a) of this section without prejudice to any
action taken previously.
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4. Add sections 501.404-70 and 501.404-71 to read as follows:
501.404-70 Contract action.
Contract action. A contract action, for the purpose of determining
whether an individual or class deviation is appropriate, has the same
meaning as that used for reporting contract actions to Federal
Procurement Data System--Next Generation (FPDS-NG). A contract action
includes, but is not limited to, any of the following:
(a) Initial letter contract.
(b) Definitive contract superseding letter contract.
(c) New definitive contract.
(d) Purchase order/BPA calls using simplified acquisition
procedures.
(e) Orders under single award indefinite delivery contracts.
(f) Orders under BOA.
(g) Order/modification under Federal schedule contract.
(h) Modification.
(i) Termination for Default.
(j) Termination for Convenience.
(k) Order under multiple award contract.
(l) Initial load of Federal schedule contract.
501.404-71 Deviations to the nonregulatory GSAM.
Handle individual and class deviations to the nonregulatory
(unshaded) part of the GSAM as stated in 501.403 and 501.404.
[FR Doc. 05-6186 Filed 3-28-05; 8:45 am]
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