[Federal Register: July 6, 2004 (Volume 69, Number 128)]
[Proposed Rules]
[Page 40729-40731]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy04-16]
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Part III
General Services Administration
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48 CFR Parts 533 and 552
General Services Acquisition Regulation; Disputes and Appeals; Proposed
Rule
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 533 and 552
[GSAR 2004-G501]
RIN 3090-AH98
General Services Acquisition Regulation; Disputes and Appeals
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Proposed rule with request for comments.
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SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Acquisition Regulation (GSAR) to add a
clause that supplements the Disputes clause in the Federal Acquisition
Regulation (see 48 CFR Chapter 1).
DATES: Interested parties should submit comments in writing on or
before September 7, 2004, to be considered in the formulation of a
final rule.
ADDRESSES: Submit comments identified by GSAR case 2004-G501 by any of
the following methods:
Federal eRulemaking Portal:
http://www.regulations.gov. Follow the instructions for submitting
comments.
Agency Web Site:
http://www.acqnet.gov/far/ProposedRules/proposed.htm. Click on the
GSAR Case number to submit comments.
E-mail: gsarcase.2004-G501@gsa.gov. Include GSAR case
2004-G501 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVA), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte,
Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR case 2004-
G501 in all correspondence related to this case. All comments received
will be posted without change to http://www.acqnet.gov/far/ProposedRules/proposed.htm
, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room 4035,
GS Building, Washington, DC 20405, (202) 208-7312, for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Ernest Woodson at (202) 501-3775, or by e-mail at
ernest.woodson@gsa.gov. Please cite GSAR case 2004-G501.
SUPPLEMENTARY INFORMATION:
A. Background
Federal Acquisition Regulation (FAR) Subpart 33.2 (48 CFR Subpart
33.2) implements the requirements of the Contract Disputes Act of 1978,
as amended (41 U.S.C 601-613)(the Act), which establishes procedures
and requirements for asserting and resolving claims subject to the Act.
It is the Government's policy to resolve all contractual issues in
controversy by mutual agreement at the contracting officer level. The
Act provides for Agencies Boards of Contract Appeals (Boards) and the
United States Court of Federal Claims (Court) to resolve appeals of a
contracting officer's decision. However, the Boards and Court do not
have authority to interpret tariffs or tariff related matters
established through public hearings in each jurisdiction for regulated
utilities. The authority pertaining to these matters lie with state
public utility commissions.
As a means to resolve disputes that evolve from a contracting
officer's decision, FAR 33.215 requires that the FAR clause at 52.233-
1, Disputes, be inserted in all solicitations and contracts except
those with a foreign government or agency of that government, or an
international organization or subsidiary body of that organization, if
the agency head determines that the application of the Act to the
contract would not be in the public interest. GSA's Public Building
Service awards contracts for public utility services. From time-to-
time, disputes may arise from those contracts that involve tariffs and
tariff related matters. This proposed rule would provide for a
supplement to the FAR clause at 52.233-1, Disputes, allowing for such
disputes to be subject to the jurisdiction and regulation of the
utility rate commission having jurisdiction. This proposed rule also
would provide GSA contracting officers and contractors, acting under a
utility service contract, with specific guidance regarding the
resolution of disputes involving tariffs and tariff related matters.
This rule 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 under5 U.S.C. 804.
B. Regulatory Flexibility Act
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, et seq., because the majority of small entities that are in
the industry were established as a result of deregulation and are not
subject to the utility rate commissions. An Initial Regulatory
Flexibility Analysis has, therefore, not been performed. We invite
comments from small businesses and other interested parties. GSA will
consider comments from small entities concerning the affected GSAR
Parts 533 and 552 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 2004-G501), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the GSAR does not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 533 and 552
Government procurement.
Dated: June 28, 2004
David A. Drabkin,
Deputy Chief Acquisition Officer,Office of Chief Acquisition Officer.
Therefore, GSA proposes amending 48 CFR parts 533 and 552 as set
forth below:
1. The authority citation for 48 CFR parts 533 and 552 continues to
read as follows:
Authority: 40 U.S.C. 486(c).
PART 533-PROTESTS, DISPUTES, AND APPEALS
2. Add section 533.215 to read as follows:
533.215 Contract clause.
Insert the clause at 552.233-71, Disputes (Utility Contracts), in
solicitations and contracts for utility services subject to the
jurisdiction and regulation of a utility rate commission.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Add section 552.233-71 to read as follows:
552.233-71 Disputes (utility contracts).
As prescribed in 533.215, insert the following clause:
DISPUTES (UTILITY CONTRACTS) (DATE)
The requirements of the Disputes clause at Federal Acquisition
Regulation (FAR)
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52.233-1 are supplemented to provide that matters involving the
interpretation of tariffed retail rates, tariff rate schedules, and
tariffed terms provided under this contract are subject to the
jurisdiction and regulation of the utility rate commission having
jurisdiction.
(End of clause)
[FR Doc. 04-15154 Filed 7-2-04; 8:45 am]
BILLING CODE 6820-61-S