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501.304 Agency control and compliance procedures.

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501.304 Agency control and compliance procedures.

501.304 Agency control and compliance procedures.

      (a) Federal Register publication. Federal Register publication is required for any acquisition policy, procedure, solicitation provision, contract clause, or form, that has a significant effect beyond the internal operating procedures of GSA or a significant cost or administrative impact on GSA contractors or offerors, including any significant revisions (see FAR 1.501-1 and 501.501(a)).

           (1) SPE approval is required for all Federal Register publications covered by paragraph (a) of this section.

           (2) The Office of Acquisition Policy will coordinate with the HCA or authorized designee to adjudicate any comments received in response to a Federal Register publication.

      (b) Business case. When publication in the Federal Register or a change to the GSAM is identified by a contracting activity, the HCA shall develop and submit a business case to the SPE for review and approval. The business case shall include, at a minimum, the following information—

           (1) The name of the Service (e.g., PBS) and, if applicable, the contracting activity requesting the change;

           (2) The rationale supporting the need, including a–

                (i) Description of the problem or matter to be addressed; and

                (ii) Discussion of the benefit to the agency and/or organization.

           (3) A discussion of the effect, if any, on GSA's internal operating procedures, including an analysis of any impact on the following–

                (i) The acquisition workforce;

                (ii) Another office within GSA (e.g., FAS, PBS, OSDBU, OIG); or

                (iii) Automated systems (i.e., financial and procurement).

           (4) A discussion of the effect on contractors or offerors, if any, including an analysis of the following–

                (i) The contracts and contractors affected (e.g. number, dollar value, and business size);

                (ii) The estimated annual costs and benefits associated with the proposed change; and

                (iii) The burden of new information collection requirements (see 44 U.S.C. 3501, et seq.), if any, associated with the proposed change (see 5 CFR 1320.8).

           (5) An analysis of alternatives, risks, and risk mitigation;

           (6) A discussion of the approach to be used to implement and monitor success;

           (7) The proposed amendments to the FAR or the GSAM in line-in line-out format;

           (8) A listing of the organization(s), if any, that have been briefed or involved in drafting the proposed amendments (e.g., Office of Federal Procurement Policy, Category Management Leadership Council); and

           (9) A statement of legal sufficiency from the requestor's legal counsel.

      (c) Compliance. HCAs are responsible for ensuring compliance with this section. At a minimum, HCAs should consider establishing a structure for reviewing new policies issued at a higher level (e.g., FAR and GSAM) and how this will facilitate the timely updating of any internal acquisition policy, procedure or guidance issued by the HCA consistent with their delegated authorities.