GENERAL

SERVICES ADMINISTRATION (GSA) - Regulatory Plan - October 2013

I. Mission and Overview

GSA oversees the business of the Federal Government. GSA's acquisition solutions supplies Federal purchasers with cost-effective, high-quality products and services from commercial vendors. GSA provides workplaces for Federal employees and oversees the preservation of historic Federal properties. GSA helps keep the Nation safe by providing tools, equipment, and non-tactical vehicles to the U.S. military, and providing State and local governments with law enforcement equipment, firefighting and rescue equipment, and disaster recovery products and services.

GSA serves the public by delivering services directly to its Federal customers through the Federal Acquisition Service (FAS), the Public Buildings Service (PBS), and the Office of Government-wide Policy (OGP). GSA has a continuing commitment to its Federal customers and the U.S. taxpayers by providing those services in the most cost-effective manner possible.

Federal Acquisition Service (FAS)

FAS is the lead organization for procurement of products and services (other than real property) for the Federal Government. The FAS organization leverages the buying power of the Government by consolidating Federal agencies' requirements for common goods and services. FAS provides a range of high-quality and flexible acquisition services that increase overall Government effectiveness and efficiency. FAS business operations are organized into four business portfolios based on the product or service provided to customer agencies: Integrated Technology Services (ITS); Assisted Acquisition Services (AAS); General Supplies and Services (GSS); and Travel, Motor Vehicles, and Card Services (TMVCS). The FAS portfolio structure enables GSA and FAS to provide best value services, products, and solutions to its customers by aligning resources around key functions.

Public Buildings Service (PBS)

PBS is the largest public real estate organization in the United States, providing facilities and workspace solutions to more than 60 Federal agencies. PBS aims to provide a superior workplace for the Federal worker and superior value for the U.S. taxpayer. Balancing these two objectives is PBS' greatest management challenge. PBS' activities fall into two broad areas. The first is space acquisition through both leases and construction. PBS translates general needs into specific requirements, marshals the necessary resources, and delivers the space necessary to meet the respective missions of its Federal clients. The second area is management of space. This involves making decisions on maintenance, servicing tenants, and ultimately, deciding when and how to dispose of a property at the end of its useful life.

Office of Government-wide Policy (OGP)

OGP sets Government-wide policy in the areas of personal and real property, travel and transportation, information technology, regulatory information, and use of Federal advisory committees. OGP also helps direct how all Federal supplies and services are acquired as well as GSA's own acquisition programs. OGP's regulatory function fully incorporates the provisions of the President's priorities and objectives under Executive Order 12866 and 13563 with policies covering acquisition, travel, and property and management practices to promote efficient Government operations. OGP's strategic direction is to ensure that Government-wide policies encourage agencies to develop and utilize the best, most cost effective management practices for the conduct of their specific programs. To reach the goal of improving Government-wide management of property, technology, and administrative services, OGP builds and maintains a policy framework by (1) incorporating the requirements of Federal laws, Executive orders, and other regulatory material into policies and guidelines; (2) facilitating Government-wide reform to provide Federal managers with business-like incentives and tools and flexibility to prudently manage their assets; (3) identifying, evaluating, and promoting best practices to improve efficiency of management processes; and (4) performing ongoing analysis of existing rules that may be obsolete, unnecessary, unjustified, excessively burdensome, or counterproductive.

OGP's policy regulations are described in the following subsections:

Office of Asset and Transportation Management (Federal Travel Regulation)

Federal Travel Regulation (FTR) enumerates the travel and relocation policy for all title 5 executive agency employees. The Code of Federal Regulations (CFR) is available at www.gpoaccess.gov/cfr. Each version is updated as official changes are published in the Federal Register (FR). FR publications and complete versions of the FTR are available at www.gsa.gov/ftr.

The FTR is the regulation contained in 41 Code of Federal Regulations (CFR), chapters 300 through 304, that implements statutory requirements and executive branch policies for travel by Federal civilian employees and others authorized to travel at Government expense.

The Administrator of General Services promulgates the FTR to: (a) Interpret statutory and other policy requirements in a manner that balances the need to ensure that official travel is conducted in a responsible manner with the need to minimize administrative costs and (b) communicate the resulting policies in a clear manner to Federal agencies and employees.

Office of Asset and Transportation Management (Federal Management Regulation)

Federal Management Regulation (FMR) establishes policy for aircraft, transportation, personal property, real property, and mail management. The FMR is the successor regulation to the Federal Property Management Regulation (FPMR), and it contains updated regulatory policies originally found in the FPMR. However, it does not contain FPMR material that describes how to do business with the GSA.

Office of Acquisition Policy (General Services Administration Acquisition Manual (GSAM) and the General Services Administration Acquisition Regulation (GSAR))

GSA's internal rules and practices on how it buys goods and services from its business partners are covered by the General Services Administration Acquisition Manual (GSAM) and the General Services Administration Acquisition Regulation (GSAR). The GSAM is closely related to the Federal Acquisition Regulation (FAR) as it supplements areas of the FAR where GSA has additional and unique regulatory requirements. Office of Acquisition Policy writes and revises the GSAM and the GSAR. The size and scope of the FAR are substantially larger than the GSAR. The GSAM, which incorporates the GSAR, as well as internal agency acquisition policy, rules that require publication fall into two major categories:

  • Those that affect GSA's business partners (e.g., prospective offerors and contractors).

  • Those that apply to acquisition of leasehold interests in real property. The FAR does not apply to leasing actions. GSA establishes regulations for lease of real property under the authority of 40 U.S.C. 490 note.

    GSA Acquisition Regulation (GSAR): The GSAR establishes agency acquisition rules and guidance, which contains agency acquisition policies and practices, contract clauses, solicitation provisions, and forms that control the relationship between GSA and contractors and prospective contractors.

    II. Statement of Regulatory and Deregulatory Priorities

    FTR Regulatory Priorities

    In fiscal year 2014, GSA plans to amend the FTR by:

    • Revising chapter 301, Temporary Duty Travel, ensuring accountability and transparency. This revision will ensure agencies' travel for missions is efficient and effective, reduces costs, promotes sustainability, and incorporates industry best practices at the lowest logical travel cost.

    • Revising chapter 302, Relocation Allowances for miscellaneous items to address current Government relocation needs which the last major rewrite (FTR Amendment 2011-01) did not update. This will include revising the Relocation Income Tax (RIT) Allowance; amending coverage on family relocation; and amending the calculations regarding the commuted rate for employee-managed household goods shipments

    FMR Regulatory Priorities

    In fiscal year 2014, GSA plans to amend the FMR by:

  • Revising rules regarding management of Government aircraft;

  • Revising rules regarding management of Federal real property;

  • Revising rules regarding management of Federal personal property.

    GSAR Regulatory Priorities

    GSA updates the GSAR to maintain consistency with the FAR and to implement streamlined and innovative acquisition procedures that contractors, offerors, and GSA contracting personnel can utilize when entering into and administering contractual relationships.

    Regulations of Concern to Small Businesses

    GSAR rules are relevant to small businesses who do or wish to do business with the Federal Government. Approximately 18,000 businesses, most of whom are small, have GSA schedule contracts. GSA assists its small businesses by providing assistance through its Office of Small Business Utilization. In addition, GSA extensively utilizes its regional resources, within FAS and PBS, to provide grassroots outreach to small business concerns, through hosting such outreach events, or participating in a vast array of other similar presentations hosted by others.

    Changes to the GSAR that would be of interest to small businesses include:

  • GSAR Cases 2012-G501 (Electronic Contracting Initiative), 2012-G502 (Enterprise Acquisition Solution), and 2012-G503 (Industrial Funding Fee and Sales Reporting). All of these affect GSAR Part 538 on the Schedules Program, and will assist small businesses by streamlining procedures and supporting electronic contracting.

    GSAR Case 2008-09, Construction and Architect-Engineer Contracts. This case will delete outdated material and update GSAR Part 536, simplifying guidance for small construction and A/E firms.

    Regulations Which Promote Open Government and Disclosure

    There are currently no regulations which promote open Government and disclosure

    Regulations Required by Statute or Court Order

    GSA published FTR Case 2011-308; Payment of Expenses Connected with the Death of Certain Employees in FY 2013. GSA amended the FTR to establish policy for the transportation of the immediate family, household goods, personal effects, and one privately owned vehicle of a covered employee whose death occurred as a result of personal injury sustained while in the performance of the employee's duty as defined by the agency.

    GSA plans to publish a FTR Amendment in updating Chapter 303: Payment of Expenses Connected With Death of Certain Employees in FY13. The final rule will incorporate language based on Public Law 110-181, the National Defense Authorization Act (NDAA) for Fiscal Year 2008, section 1103 and codified at 5 U.S.C. 5742, to allow agencies to provide for relocation of dependents and household effects of an employee whose death occurred while performing official duties outside the continental United States (OCONUS) or for an employee whose death occurred while subject to a mandatory mobility agreement OCONUS and was supporting an overseas contingency operation or overseas emergency as declared by the President. This final rule allows the agency to relocate the dependents and household goods to the covered employee's former actual residence or such other place as is determined by the head of the agency concerned. Also, the final rule amends and updates the FTR regarding the authority to relocate dependents and household goods of an employee on a service agreement or mandatory mobility agreement who dies at or while in transit to or from an official station OCONUS, amends to allow transportation of the remains to the place of interment and shipment of a POV from the TDY location or from an official station OCONUS when the agency previously determined that use of POV was in the best interest of the Government, amends the household goods temporary storage timeframe in subpart H, and allows the agency to authorize additional storage not to exceed a total of 150 days, which is the same as what's allotted to an employee with relocation entitlements. Finally, this final rule reorganizes FTR part 303-70 to make it easier to understand.

    III. Retrospective Review of Existing Regulations

    Pursuant to section 6 of Executive Order 13563 "Improving Regulation and Regulatory Review" (July, 2013), the GSA retrospective review and analysis final and updated regulations plan can be found at www.gsa.gov/improvingregulations. The FAR retrospective review and analysis final and updated regulations plan can be found at www.acquisition.gov.

    Regulation Identifier Number

    Title

     

    Proposed Rule Stage

    3090-AJ29

    Federal Management Regulation (FMR); FMR Case 2012-102-3; Government Domain Registration and Management

    3090-AJ30

    Federal Management Regulation (FMR); FMR Case 2012-102-4, Disposal and Reporting of Federal Electronic Assets (FEA)

    3090-AJ32

    General Services Administration Acquisition Regulation (GSAR); GSAR Case 2012-G502, Enterprise Acquisition Solution

     

    Final Rule Stage

    3090-AI76

    General Services Administration Acquisition Regulation (GSAR); GSAR Case 2008-G506, Rewrite of GSAR Part 515, Contracting by Negotiation

    3090-AI79

    Federal Management Regulation (FMR); FMR Case 2008-102-4, Mail Management, Financial Requirements for All Agencies

    3090-AI81

    General Services Administration Acquisition Regulation (GSAR); GSAR Case 2008-G509, Rewrite GSAR 536, Construction and Architect-Engineer Contracts

    3090-AI95

    Federal Travel Regulation (FTR); FTR Case 2009-307, Temporary Duty (TDY) Travel Allowances (Taxes); Relocation Allowances (Taxes)

    3090-AJ04

    Federal Management Regulation (FMR); FMR Case 2010-102-3, Sale of Personal Property

    3090-AJ21

    Federal Travel Regulation (FTR); FTR Case 2011-308; Payment of Expenses Connected With the Death of Certain Employees

    3090-AJ23

    Federal Travel Regulation (FTR); FTR Case 2011-310; Telework Travel Expenses Test Programs

    3090-AJ26

    Federal Management Regulation (FMR); FMR Case 2012-102-2; Donation of Surplus Personal Property

    3090-AJ27

    Federal Travel Regulation (FTR); FTR Case 2012-301; Removal of Conference Lodging Allowance Provisions

    3090-AJ31

    General Services Administration Acquisition Regulation (GSAR); GSAR Case 2012-G503; Industrial Funding Fee (IFF) and Sales Reporting

    3090-AJ34

    Federal Management Regulation (FMR); FMR Case 2012-102-5, Restrictions on International Transportation of Freight and Household Goods

    3090-AJ35

    Federal Management Regulation (FMR); FMR Case 2013-102-1; Obligating Authority

    3090-AJ36

    General Services Administration Acquisition Regulation (GSAR); GSAR Case 2012-G501, Electronic Contracting Initiative

     

    Completed Actions

    3090-AJ22

    Federal Travel Regulation (FTR); FTR Case 2011-309, Lodging Reimbursement

    3090-AJ11

    Federal Travel Regulation (FTR); FTR Case 2011-301; Per Diem, Miscellaneous Amendments

    3090-AJ06

    Federal Travel Regulation (FTR); FTR Case 2010-303; Terms and Definitions for "Dependent", "Domestic Partner", "Domestic Partnership", and "Immediate Family"

    3090-AJ21

    Federal Travel Regulation (FTR); FTR Case 2011-308; Payment of Expenses Connected With the Death of Certain Employees

    DATED: August 29, 2013.

    NAME: Laura Auletta,

    Acting Senior Procurement Executive.

    [BILLING CODE 6824-34]

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