SUPPLEMENTARY INFORMATION:

I. Background

The General Services Administration conducts routine reviews of its acquisition regulations to identify outdated content and to ensure there is no unnecessary duplication of or conflict with the Federal Acquisition Regulation (FAR), pursuant to FAR 1.304. As part of this review, GSA identified:

• General Services Administration Regulation (GSAR) clause 552.232-77Payment By Government Charge Card is redundant to FAR clause 52.232-36 Payment by Third Party and should be removed. As this GSAR clause is over 10 years old, GSA does not have any historical information that explains why the duplicative GSAR clause was initially created. This rule rectified the issue.
• Additionally, language regarding internal solicitation preparation instructions was identified that only addresses responsibilities of contracting officers in preparing contract documentation. As such, it is not regulatory material and removed from the GSAR.

Overview of Editorial Updates

GSA identified that GSA Clause 552.232-77, Payment by Government Charge Card, was redundant to FAR clause 52.232-36 Payment by Third Party and was removed. Consequently, 532.7003 was revised to remove instructions to use 552.232-77 for indefinite-delivery, indefinite-quantity (IDIQ) contracts other than Multiple Award Schedule (MAS) contracts.

• MAS, also known as the Federal Supply Schedule (FSS) and the GSA Schedule, is a long-term governmentwide contract with commercial companies that provide access to millions of commercial products and services at fair and reasonable prices to the Federal Government.

Additionally, in GSAR subpart 532.70, 532.7002 only addresses responsibilities of contracting officers in preparing contract documentation regarding payment through the use of the Governmentwide commercial purchase cards. As such, it is not regulatory material and was moved from the GSAR to the non-regulatory GSAM.

II. Publication of This Final Rule for Public Comment Is Not Required by Statute

The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is 41 U.S.C. 1707. Subsection (a)(1) of 41 U.S.C. 1707 requires that a procurement policy, regulation, procedure, or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the ( printed page 43257) agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment because the change is technical in nature and makes conforming updates to the title and number of a referenced policy document.

III. Executive Orders 12866 and 13563

Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) has determined that 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.

IV. Congressional Review Act

The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a “major rule” may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The General Services Administration will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register .

The Office of Information and Regulatory Affairs in OMB has determined that this is not a major rule under 5 U.S.C. 804.

V. Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not apply to this rule, because an opportunity for public comment is not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see Section II. of this preamble). Accordingly, no regulatory flexibility analysis is required and none has been prepared.

VI. 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 the collection of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

Therefore, GSA amends 48 CFR parts 532 and 552 as follows: