GENERAL SERVICES
ADMINISTRATION (GSA) - Regulatory Plan - October 2016
I. Mission and Overview
GSA oversees the business of the Federal Government. GSA's acquisition solutions supply 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 Orders 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)
The Federal Travel Regulation (FTR) enumerates the travel and relocation policy for all title 5 Executive agency employees and others, as specified therein. 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. Federal Register 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 official 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)
The 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 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), which implements and supplements the Federal Acquisition Regulation at GSA. The GSAM comprises both a non-regulatory portion (GSAM), which reflects policies with no external impact, and a regulatory portion, the General Services Administration Acquisition Regulation (GSAR). The GSAR establishes agency acquisition regulations that affect GSA's business partners (e.g. prospective offerors and contractors) and acquisition of leasehold interests in real property. The latter are primarily established under the authority of 40 U.S.C. 585. The GSAR implements 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 2017, GSA plans to amend the FTR by:
FMR Regulatory Priorities
In fiscal year 2017, GSA plans to amend the FMR by:
FPMR Regulatory Priorities
GSAR Regulatory Priorities
GSA plans, to update the GSAR to maintain consistency with the Federal Acquisition Regulation (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. Current GSAR initiatives are focused on-
General Services Property Management Regulation
Regulations of Concern to Small Businesses
GSAR rules are relevant to small businesses that do or wish to do business with the Federal Government. GSAR Case 2015-G512, Unenforceable Commercial Supplier Agreement Terms is of interest to small businesses as it proposes a way to streamline the evaluation process to award contracts containing commercial supplier agreements. By streamlining this process, GSA anticipates reducing barriers to entry for small businesses.
Regulations Which Promote Open Government and Disclosure
There are currently no regulations which promote open Government and disclosure.
III. Retrospective Review of Existing Regulations
Pursuant to section 6 of Executive Order 13563 "Improving Regulation and Regulatory Review" (2011), the GSA retrospective review and analysis final and updated regulations plan can be found at www.gsa.gov/improvingregulations. The following RINS are included in the Retrospective Review.
Regulation Identifier Number |
Title |
Proposed Rule Stage |
|
3090-AJ63 |
General Services Administration Regulation (GSAR); GSAR Case 2015-G503; Construction Contract Administration |
3090-AJ64 |
General Services Administration Regulation (GSAR); GSAR Case 2015-G506; Construction Manager as Constructor Contracting |
3090-AJ65 |
General Services Administration Regulation (GSAR); GSAR Case 2015-G505; Architect-Engineer Selection Procedures |
3090-AJ66 |
General Services Administration Regulation (GSAR); GSAR Case 2015-G504; Design-Build Selection Procedures |
3090-AJ71 |
Federal Management Regulation (FMR); FMR Case 2016-102-2, Designation of Authority and Location of Space |
3090-AJ74 |
General Services Property Management Regulation (GSPMR) GSPMR Case 2016-105-1; Public Availability of Agency Records and Informational Materials Inbox |
3090-AJ75 |
General Services Administration Regulation (GSAR); GSAR Case 2016-G506;Federal Supply Schedule, Order-Level Materials |
Final Rule Stage |
|
3090-AJ50 |
Federal Property Management Regulations (FPMR)/Federal Management Regulation (FMR) FPMR Case 2014-101-1; FMR Case 2014-102-2, Supply and Procurement |
3090-AJ56 |
Federal Travel Regulation (FTR); FTR Case 2015-304, Clarifying Agency Responsibilities Concerning Reimbursement for Automatic Teller Machine (ATM) Fees and Laundry, Cleaning and Pressing of Clothing Expenses |
3090-AJ59 |
Federal Management Regulation (FMR); FMR Case 2015-102-2, Transportation Payment and Audit |
3090-AJ60 |
Federal Management Regulation (FMR); FMR Case 2015-102-3, Art-in-Architecture |
3090-AJ67 |
General Services Administration Regulation (GSAR); GSAR Case 2015-G512, Unenforceable Commercial Supplier Agreement Terms |
3090-AJ68 |
Federal Travel Regulation (FTR); FTR 2015-303, Optimal Use of the Government Contractor-Issued Travel Charge Card |
3090-AJ69 |
Federal Travel Regulation (FTR); FTR Case 2016-301, Clarification of Payment In Kind for Speakers at Meetings and Conferences |
3090-AJ70 |
Federal Property Management Regulation; FPMR Case 2016-101-1; Program Fraud Civil Remedies Act of 1986, Civil Monetary Penalties Inflation Adjustment |
3090-AJ72 |
Federal Management Regulation (FMR); FMR Case 2016-102-1; Federal Real Property Profile |
3090-AJ73 |
Federal Management Regulation (FMR); FMR Case 2010-102-3, Sale of Personal Property |
3090-AJ76 |
Federal Management Regulation (FMR); FMR Case 2016-102-3, Utility Services |
3090-AJ77 |
Federal Management Regulation (FMR); FMR Case 2016-102-4, Historic Preservation |
Completed Actions |
|
3090-AI51 |
General Service Administration Acquisition Regulation (GSAR); GSAR Case 2007-G500, Rewrite of GSAR Part 517, Special Contracting Methods |
3090-AI76 |
General Services Administration Acquisition Regulation (GSAR); GSAR Case 2008-G506, Rewrite of GSAR Part 515, Contracting by Negotiation |
3090-AJ43 |
General Services Administration Acquisition Regulation (GSAR); GSAR Case 2010-G511, Purchasing by Non-Federal Entities |
3090-AJ51 |
General Services Administration Acquisition Regulation (GSAR); GSAR Case 2013-G504, Transactional Data Reporting |
DATED: September 1, 2016.
NAME: Troy Cribb, Associate Administrator,
Office of Government-wide Policy.
BILLING CODE 6820-14