General Services Administration Acquisition Regulation; Authorizing Deviations From the FAR and GSAR

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.

Full text

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  

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