Government Contracts Rule Removes GSAR Guidance That Duplicates FAR
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Thursday, December 13, 2018

Rule Removes GSAR Guidance That Duplicates FAR

By Government Contracts Editorial Staff

A direct final rule amends the General Services Administration Acquisition Regulation to remove duplicative text already contained in the Federal Acquisition Regulation. Both GSAR 509.105-1(b) and FAR 9.105(b) provide guidance for obtaining information from government sources for a responsibility determination of potential contractors. FAR 1.304(b) states that agency regulations must not “[u]nnecessarily repeat, paraphrase, or otherwise restate material contained in the FAR ….” GSAR 509.105-1(b) simply paraphrases FAR 9.105-1(b) as it restates that a contracting officer should obtain information regarding a contractor’s responsibility through “any appropriate activities,” which is implied through FAR 9.105-1(b)’s language. Accordingly, this rule removes GSAR 509.105-1(b) from the GSAR because it violates FAR 1.304(b) by unnecessarily paraphrasing FAR 9.105-1(b). The rule goes into effect on January 14, 2019, unless GSA receives adverse comments by December 14, 2018. For the text of the rule, see ¶70,030.207.

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