Federal Register: March 9, 2005 (Volume 70, Number 45)
DOCID: FR Doc 05-4084
DEPARTMENT OF DEFENSE
Veterans Affairs Department
NOTICE: Part II
DOCUMENT ACTION: Interim rule with request for comments.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
DATES: Effective Date: March 9, 2005.
Comment Date: Interested parties should submit comments to the FAR Secretariat at the address shown below on or before May 9, 2005 to be considered in the formulation of a final rule.
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement Section 1427(b) of the Services Acquisition Reform Act of 2003 (Title XIV of Pub. L. 108136).
Defense Department; General Services Administration; National Aeronautics and Space Administration,
DOCUMENT BODY 2:
48 CFR Parts 2, 8, 16, and 36
[FAC 200501; FAR Case 2004001; Item I]
Federal Acquisition Regulation; Improvements in Contracting for ArchitectEngineer Services
Section 1427 of the Services Acquisition Reform Act of 2003 prohibits architectengineer services from being offered under multiple award Federal Supply Schedules or under Governmentwide task and delivery order contracts unless the services are performed under the direct supervision of a professional architect or engineer licensed, registered, or certified in the State, Federal District, or outlying area, in which the services are to be performed and are awarded using the procedures of the Brooks ArchitectEngineer Act.
FAR Subpart 2.1, Definitions, is revised to correct the statutory citation for architectengineer contracts.
FAR 8.403(c) is added to clarify that agencies whose requirements substantially, or to a dominant extent, specify performance of architectengineer services (as defined in 2.101) must use the procedures at FAR Subpart 36.6.
A new paragraph 16.505(a)(8) is added to stipulate that orders that substantially, or to a dominant extent, specify the performance of architectengineer services (as defined in 2.101), must be issued using the procedures at FAR Subpart 36.6 and such services require the direct supervision of a professional architect or engineer who is licensed, registered, or certified in the State, Federal District or outlying area where the services are to be performed.
FAR 36.600 is revised to make the policies and procedures in FAR Subpart 36.6 applicable to orders for architectengineer services issued under FAR 16.505.
This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The interim rule is not expected to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act,5 U.S.C. 601, et seq., because the interim rule clarifies an already existing requirement that architecture and engineering services be procured using the procedures at FAR Subpart 36.6.
Therefore, an Initial Regulatory Flexibility Analysis has not been performed. The Councils will consider comments from small entities concerning the affected FAR Parts 2, 8, 16, and 36 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C 601, et seq. (FAC 200501, FAR case 2004001, in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary of Defense (DoD), the Administrator of General Services (GSA), and the Administrator of the National Aeronautics and Space Administration (NASA) that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary because Federal agencies require clear guidance to avoid inadvertently violating the requirements of the Brooks Architect Engineers Act and section 1427(b) of the Services Acquisition Reform Act of 2003 (Title XIV of Pub. L. 108136.) Section 1427(b) went into effect November 24, 2003.
However, pursuant to Public Law 98577 and FAR 1.501, the Councils
will consider public comments received in response to this interim rule in the formation of the final rule.
List of Subjects in 48 CFR Parts 2, 8, 16, and 36
Dated: February 24, 2005
Rodney P. Lantier,
Director,Contract Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 8, 16, and 36 as set forth below:
1. The authority citation for 48 CFR parts 2, 8, 16, and 36 is revised to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).
PART 2DEFINITIONS OF WORDS AND TERMS
2. Amend section 2.101 in paragraph (b) in the definition ``Architect engineer services'' by removing ``40 U.S.C. 541'' and adding ``40 U.S.C. 1102'' in its place.
PART 8REQUIRED SOURCES OF SUPPLIES AND SERVICES
3. Amend section 8.403 by adding paragraph (c) to read as follows: 8.403 Applicability.
* * * * *
(c) In accordance with section 1427(b) of Public Law 108136, for requirements that substantially or to a dominant extent specify performance of architectengineer services (as defined in 2.101), agencies
(1) Shall use the procedures at Subpart 36.6; and
(2) Shall not place orders for such requirements under a Federal Supply Schedule.
PART 16TYPES OF CONTRACTS
4. Amend section 16.505 by redesignating paragraph (a)(8) as (a)(9) and adding a new paragraph (a)(8) to read as follows:
(a) * * *
(8) In accordance with section 1427(b) of Public Law 108136, orders placed under multiagency contracts for services that substantially or to a dominant extent specify performance of architect engineer services, as defined in 2.101, shall
(i) Be awarded using the procedures at Subpart 36.6; and (ii) Require the direct supervision of a professional architect or engineer licensed, registered or certified in the State, Federal District, or outlying area, in which the services are to be performed. * * * * *
PART 36CONSTRUCTION AND ARCHITECTENGINEER CONTRACTS
5. Revise section 36.600 to read as follows:
36.600 Scope of Subpart.
This subpart prescribes policies and procedures applicable to the acquisition of architectengineer services, including orders for architectengineer services under multiagency contracts (see 16.505(a)(8)).
FOR FURTHER INFORMATION CONTACT
The FAR Secretariat at (202) 501- 4755, for information pertaining to status or publication schedules. For clarification of content, contact Mr. Michael O. Jackson, Procurement Analyst, at (202) 2084949. Please cite FAC 200501, FAR case 2004001.