SUMMARY: The General Services Administration Acquisition Regulation (GSAR) is amended to revise Subpart 501.4 to modify the policy on GSA contracting activities deviating from the Federal Acquisition Regulation (FAR) and GSAR and to lower the approval levels for both individual and class deviations from the regulations. EFFECTIVE DATE: October 2, 1996. FOR FURTHER INFORMATION CONTACT: Al Matera, GSA Acquisition Policy Division, (202) 501-1224. SUPPLEMENTARY INFORMATION: . A. Executive Order 12866 This rule is not a significant rule as defined in Executive Order 12866. B. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because it does not have an impact beyond the internal operations of GSA and is not required to be published for public comment. 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. D. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule under 5 U.S.C. 804. This rule was submitted to Congress and GAO under 5 U.S.C. 804. List of Subjects in 48 CFR Part 501 Government procurement. Accordingly, 48 CFR 501 is amended as follows: PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION SYSTEM 1. The authority citation for 48 CFR 501 continues to read as follows: Authority: 40 U.S.C. 486(c). 2. Subpart 501.4 is revised to read as follows: Subpart 501.4--Deviations From the FAR and GSAR 501.402 Policy. (a) Uniformity is an objective of the GSA Acquisition Regulatory System. However, the desire for consistency of action by GSA contracting activities must not restrict or discourage development and testing of new procedures and techniques. Similarly, the desire for consistency must not prevent GSA contracting activities from adopting alternate procedures determined to be in the Government's interest based on unique programmatic or managerial considerations. (b) A contracting activity may deviate from a regulatory provision which implements a statutory requirement only to the extent that the deviation does not violate the underlying statute. (c) Deviations must not be used to defeat the FAR and GSAR approval requirements. 501.403 Individual deviations. Individual deviations from the GSAR or the FAR must be approved by the Contracting Director. A copy must be submitted to GSA's Senior Procurement Executive (MV). 501.404 Class deviations. (a) Class deviations from the FAR or the GSAR must be approved by the head of the contracting activity (HCA). A copy must be submitted to GSA's Senior Procurement Executive (MV). (b) Requests for class deviations must be supported by statements that disclose the need for and the nature of the deviation. (c) Class deviations from the GSAR will expire in 12 months if not extended. They may be rescinded earlier by the Senior Procurement Executive or the HCA without prejudice to any action previously taken. Dated: September 26, 1996. Ida M. Ustad, Deputy Associate Administrator for Acquisition Policy. [FR Doc. 96-25174 Filed 10-1-96; 8:45 am] BILLING CODE 6820-61-M
General Services Administration Acquisition Regulation; Authorizing Deviations From the FAR and GSAR
The General Services Administration Acquisition Regulation (GSAR) is amended to revise Subpart 501.4 to modify the policy on GSA contracting activities deviating from the Federal Acquisition Regulation (FAR) and GSAR and to lower the approval levels for both individual and class deviations from the regulations.