GENERAL SERVICES ADMINISTRATION (GSA) - Regulatory Plan - October 2018

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 and efficient 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 products and 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 products and 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 to increase overall Government effectiveness and efficiency by aligning resources around key functions.

Public Buildings Service (PBS)

PBS is the largest public real estate organization in the United States. As the landlord for the civilian Federal Government, PBS acquires space on behalf of the Federal Government through new construction and leasing, and acts as a manager for Federal properties across the country. PBS is responsible for over 370 million rentable square feet of workspace for Federal employees, owns 1,600 plus assets totaling over 180 million rentable square feet, and contracts for more than 7,000 plus leased assets totaling over 180 million rentable square feet.

Office of Government-wide Policy (OGP)

OGP sets Government-wide policy in the areas of personal and real property, mail, travel, relocation, transportation, information technology, regulatory information, and the 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 policy regulations are described in the following subsections:

Office of Asset and Transportation Management - Federal Travel Regulation

The Federal Travel Regulation (FTR) enumerates travel and relocation policy for all U.S. Code, Title 5 Executive agency employees at www.gpoaccess.gov/cfr. Federal Register publications and complete versions of the FTR are available at www.gsa.gov/ftr. The Federal Travel Regulation presents policies in a clear manner to both agencies employees to assure that official travel is performed responsibly.

Office of Asset and Transportation Management - Federal Management Regulation

The Federal Management Regulation (FMR) establishes policy for Federal aircraft management, mail management, transportation, personal property, real property, and committee 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. The FMR is in 41 CFR, chapters 101 through 102, and it implements statutory requirements and executive branch policies.

Office of Acquisition Policy - General Services Administration Acquisition Manual (GSAM) and 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 supplement 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 established under the authority of 40 U.S.C. 585, et seq. The GSAR implements contract clauses, solicitation provisions, and standard forms that control the relationship between GSA and contractors and prospective contractors.

Regulatory and Deregulatory Activities

GSA's Regulatory Reform Task Force, established under Executive Order 13777, enforcing the Regulatory Reform Agenda, and is making it easier to do business with GSA by eliminating outdated, ineffective, or unnecessary regulations and policies. When GSA established its Regulatory Reform Task Force it set up four informal working groups, led by career employees, and gave them broad authority to review and evaluate existing regulations and make recommendations regarding their repeal, replacement, or modification. Those working groups are organized around the agency's primary functions and regulations: the Federal Management Regulation, the Federal Travel Regulation, the GSA Acquisition Regulation, and policies relating to leasing of buildings.

During Fiscal Year 2018, GSA completed two (2) deregulatory actions.

  • GSA issued a final GSAR rule on January 24, 2018 to incorporate order level materials (OLMs), also known as other direct costs (ODCs). This rule, which was implemented in June 2018, will make it easier for customer agencies to buy, and industry partners to provide, complete procurement solutions through the Federal Supply Schedules while ensuring excellent value for taxpayer dollars.

  • GSA issued a final GSAR rule on February 22, 2018 to address common commercial supplier agreement (CSA) terms that are inconsistent with or create ambiguity with federal law. This rule, which was implemented in June 2018, mitigates risk for GSA's federal agency customers, reduces proposal and administrative costs for industry partners, and helps expedite the contract review process for GSA Contracting Officers.

    Regulatory and Deregulatory Priorities

    Permitting Council Priorities

    Fees for Governance, Oversight and Processing of Environmental Reviews and Authorizations; The Permitting Council proposes to establish a fee structure to reimburse the Permitting Council and its Office of the Executive Director for reasonable costs to implement certain requirements and authorities required under FAST-41.

    Federal Management Regulation (FMR) Priorities

    GSA is amending the FMR by removing language that is not regulatory, revising rules of Federal personal property, management of transportation and the management, construction, and disposal of Federal real property. The appropriate real property regulations are being aligned with the various provisions in the Federal Sales and Transfer Act of 2016 and the Federal Property Management Reform Act of 2016. In addition, e.g. the Transportation Management regulation is being streamlined by consolidating policies into fewer subparts and modifying provisions to incorporate newer authorities.

    Federal Property Management Regulation (FPMR) Priorities

    GSA is amending the FPMR by migrating regulations regarding the supply and procurement of Government personal property management and Interagency Fleet Management Systems from the FPMR to the FMR.

    Federal Travel Regulation (FTR) Priorities

    GSA is amending the FTR. The Relocation Regulation was impacted by the recent Tax Cuts and Jobs Act. The amendment addresses both the moving expenses income tax deduction and qualified moving expense reimbursement. Also, in addition, the FTR is being amended to revise the payment in kind fee associated with registration fees provided by non-Federal sources for speakers and panelists at meetings.

    General Services Administration Acquisition Regulation (GSAR) Priorities

    GSA is amending the GSAR to implement streamlined and innovative acquisition procedures. GSAR initiatives are focused on:

  • Adopting a major construction project delivery method involving early industry engagement;

  • Establishing contractual arrangements and ordering procedures for commercial eCommerce portals;

  • Streamlining contract requirements for GSA information systems;

  • Establishing cyber incident reporting procedures; and

  • Revising the requirements for Schedules contract and construction contract administration.

    Regulations of Concern to Small Businesses

    GSAR Case 2017-G502, Transition to Small Business Administration Mentor-Protégé Program, is of interest to small businesses as it will discontinue the GSA agency-level mentor-protégé program. The mentor-protégé program will instead be centralized and managed Government-wide by SBA, as discussed in the SBA rule at 81 FR 48557.

    Regulations Which Promote Open Government and Disclosure

    GSPMR Case 2016-105-01, Public Availability of Agency Records and Informational Materials; Proposed Rule. The GSA is issuing a proposed rule to amend its regulations implementing the Freedom of Information Act (FOIA). The regulations are being revised to update and streamline language of several procedural provisions and to incorporate certain changes brought about by the amendments to the FOIA under both statutory and nonstatutory authorities. This rule also amends the GSA's regulations under the FOIA to incorporate certain changes made to the FOIA by the FOIA Improvement Act of 2016.

    DATED: July 27, 2018.

    NAME: Jessica Salmoiraghi. Associate Administrator,

    Office of Government-wide Policy.

    BILLING CODE 6820-14