BILLING CODE: 6820-61

GENERAL SERVICES ADMINISTRATION
48 CFR Parts 512, 527, 532, 536, 541, and 552
[GSAR Case 2022-G506; Docket No. 2022-0020; Sequence No. 1]
RIN 3090-AK57
General Services Administration Acquisition Regulation;
Standardizing the Identification of Deviations in the
General Services Administration Acquisition Regulation
AGENCY: Office of Acquisition Policy, General Services
Administration (GSA).
ACTION: Final rule.
SUMMARY:

GSA is issuing this final rule amending the

General Services Administration Acquisition Regulation
(GSAR) to standardize the language used to identify and
communicate when there has been an approved FAR deviation
within the GSAR.

This action is necessary in order to

provide consistency for readers of the GSA regulations.
The intended effects of this rule are: first, the
standardized text will allow readers consulting the table
of contents of a given GSAR subpart to easily locate
sections containing FAR deviations; and second,
standardized language at the beginning of individual GSAR
subdivisions containing FAR deviations will both identify
the use of and specify the actions authorized by the
deviation.
DATES: Effective [INSERT DATE 30 DAYS AFTER DATE OF
PUBLICATION IN THE FEDERAL REGISTER.]

FOR FURTHER INFORMATION CONTACT:

For clarification of

content, contact Mr. Daniel Frias or Mr. Bryon Boyer, GSA
Acquisition Policy Division, at gsarpolicy@gsa.gov or 817850-5580.

For information pertaining to status or

publication schedules, contact the Regulatory Secretariat
at 202-501-4755 or GSARegsec@gsa.gov.

Please cite GSAR

Case 2022-G506.
SUPPLEMENTARY INFORMATION:
I.

Background
This final rule amends the General Services

Administration Acquisition Regulation (GSAR) to standardize
the language used to identify and communicate FAR
deviations within the GSAR.

FAR deviations are currently

identified using inconsistent language, and the location of
deviations is not readily apparent to readers.

In light of

this issue, GSA is publishing this amendment with the aim
of enhancing the visibility of FAR deviations within the
GSAR by ensuring their visibility in the table of contents
for each relevant subpart, as well as within specific
subdivisions.

Additionally, GSA seeks to standardize

language used to introduce the impact of individual FAR
deviations within the text.
II.

Discussion and Analysis
The naming convention for GSAR sections containing FAR

deviations will be revised to incorporate the label “(FAR
DEVIATION)” at the end of the section title.

This change

aims to enhance the visibility of the deviation when
referencing the table of contents of the respective
subpart.
Within sections containing FAR deviations, the
deviating subdivision will begin “GSA has a deviation from
FAR (section number) that allows…”

This standardized

language ensures easy identification and understanding of
the implications of the deviation.
III.

Publication of This Final Rule for Public Comment Is

Not Required
The statute that applies to the publication of the
GSAR is the Office of Federal Procurement Policy statute
(codified at title 41 of the United States Code).
Specifically, 41 U.S.C. 1707(a)(1) 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 agency issuing the policy, regulation, procedure, or
form, or has a significant cost or administrative impact on
contractors or offerors.

This rule is not required to be

published for public comment, because it is merely
conforming the references to FAR deviations throughout the
text of the GSAR and does not have a significant effect or
impose any new requirements on contractors or offerors.

III.

Executive Order 12866, 13563, and 14094
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 (Improving Regulation and Regulatory Review)
emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility.

E.O. 14094 (Modernizing Regulatory

Review) supplements and reaffirms the principles,
structures, and definitions governing contemporary
regulatory review established in E.O. 12866 and E.O. 13563.
OIRA has determined this rule not to be a significant
regulatory action and, therefore, is not subject to review
under section 6(b) of E.O. 12866 (Regulatory Planning and
Review).
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. OIRA has determined this rule is not
a “major rule” under 5 U.S.C. 804(2).
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).

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 (OMB) under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 512, 527, 532, 536, 541,
and 552
Government procurement.

Jeffrey A. Koses,
Senior Procurement Executive,
Office of Acquisition Policy,
Office of Government-wide Policy,
General Services Administration.

Therefore, GSA amends 48 CFR parts 512, 527, 532, 536,
541, and 552 as set forth below:
PART 512—ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
1.

The authority citation for 48 CFR part 512

continues to read as follows:
Authority: 40 U.S.C. 121(c).
2.

Amend section 512.216 by revising the section

heading to read as follows:
512.216 Unenforceability of unauthorized obligations (FAR
DEVIATION).
*

*

*

512.301
3.

*

*

[Amended]
Amend section 512.301 by—

a.

Removing “commercial Services” wherever it

appears and adding “commercial services (FAR DEVIATION)” in
its place; and
b.

Removing from paragraph (b) “FAR deviation that”

and adding “deviation from FAR 52.212-4 that” in its place.
PART 527—PATENTS, DATA, AND COPYRIGHTS
4. The authority citation for part 527 continues to
read as follows:
Authority: 40 U.S.C. 486(c).
5.

Amend section 527.409 by revising the section

heading and the introductory text to read as follows:
527.409

Contract clauses (FAR DEVIATION).

GSA has a deviation from FAR 52.227-17 that allows use
of the clauses in paragraphs (a) and (b) of this section in
lieu of the FAR clause at 52.227-17.
*

*

*

*

*

PART 532—CONTRACT FINANCING
6.

The authority citation for part 532 continues to

read as follows:
Authority: 40 U.S.C. 121(c).
532.111

[Amended]

7.

Amend section 532.111 by—
a.

Removing from the section heading “non-

commercial purchases” and adding “non-commercial purchases
(FAR DEVIATION)” in its place; and
b.

Removing from the first sentence of paragraph

(a) “a FAR deviation” and adding “a deviation from FAR
52.232-1” in its place.
8.

Amend section 532.706-3 by revising the section

heading and introductory text to read as follows:
532.706-3

Contract clauses for unenforceability of

unauthorized obligations (FAR DEVIATION).
GSA has a deviation from FAR 52.232-39 that allows use
of the clause in paragraph (a) of this section in lieu of
the FAR clause at 52.232-39.
*

*

532.908

*

*

*

[Amended]

9.

Amend section 532.908 by revising the section

heading and paragraph (b)(1) introductory text to read as
follows:
532.908
*

Contract clauses (FAR DEVIATION).

*

*
(b)

*
*

(1)

*
*

*

FAR deviation.

GSA has a deviation from FAR

52.232-25 to authorize payment within 10 days of receipt of
a proper invoice.
*

*

*

*

The deviation applies only to:

*

PART 536—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
10.

The authority citation for part 536 continues to

read as follows:
Authority: 40 U.S.C. 121(c).
11.

Amend section 536.7107 by—

a.

Revising the section heading; and

b.

Removing from paragraph (a) “a FAR deviation

that” and adding “a deviation from FAR 52.216-17 that” in
its place.
The revision reads as follows:
536.7107
*

*

Contract clauses (FAR DEVIATION).
*

*

*

PART 541—ACQUSITION OF UTILITY SERVICES
12.

The authority citation for part 541 continues to

read as follows:
Authority: 40 U.S.C. 121(c).

13.

Amend section 541.501 by—

a.

Removing from the section heading “Contract

clauses” and adding “Contract clauses (FAR DEVIATION)” in
its place; and
b.

Removing from paragraph (a) “a FAR deviation”

and adding “a deviation from FAR 52.232-19” in its place.
541.501
*

*

Contract clauses (FAR DEVIATION).
*

*

*

PART 552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
14.

The authority citation for part 552 continues to

read as follows:
Authority: 40 U.S.C. 121(c).
15.

Amend section 552.103 by revising paragraph (b)

to read as follows:
552.103
*

*

Identification of provisions and clauses.
*

(b)

*

*

Deviations. (1) Federal Acquisition Regulation

deviations.

When a GSAR provision or clause is used with

an authorized deviation in lieu of a FAR provision or
clause in a solicitation or contract, it shall be
identified by—
(i)

The addition of “(FAR DEVIATION)” after the

date of the GSAR provision or clause.
(ii)

The addition of standardized language at

the beginning of the prescription that reads “FAR

deviation.

GSA has a deviation from FAR (provision or

clause number)...”.
(2) General Services Administration Acquisition
Regulation deviations.

When a GSAR provision or clause is

used with an authorized deviation in a solicitation or
contract, it shall be identified by—
(i)

The addition of “(GSAR DEVIATION)” after the

date of the GSAR provision or clause.
(ii)

The addition of standardized language at

the beginning of the prescription that reads “GSAR
deviation.

GSA has a deviation from GSAR (provision or

clause number)...”.
*

*

*

*

*

1. Amend section 552.107-70 by revising the
introductory text to read as follows:
552.107-70

Solicitation provision and contract clause.

GSA has a deviation from FAR 52.252-5 that allows use
of the following provisions and clauses in lieu of the FAR
provision at 52.252-5 and the FAR clause at 52.252-6.
*

*

*

552.212-4
17.
a.

*

*

[Amended]
Amend section 552.212-4 by—
Removing from the section heading “(FAR

DEVIATION 52.212-4)” and adding “(FAR DEVIATION)” in its
place; and

b.

Removing from the clause heading “(FAR

DEVIATION) (JAN, 2022)” and adding “(DEVIATION FAR 52.2124) (JAN 2023)” in its place.
[FR Doc. 2024-14416 Filed: 7/2/2024 8:45 am; Publication Date: 7/3/2024]