Federal Acquisition Regulation; Improvements in Contracting for Architect-Engineer Services, 11737-11739 [05-4084]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
Section 717 of the Small Business
Competitiveness Demonstration
Program Act of 1988 (15 U.S.C. 644
note). This rule provides unrestricted
competition in acquisitions of
landscaping and pest control services.
Item V—Nonavailable Articles—Policy
(FAR Case 2003–021)
This final rule addresses
Congressional concerns regarding
appropriate use of the list of
domestically nonavailable items at FAR
25.104(a). This final rule primarily
impacts contracting officers who
purchase items that are on the list, or
items that contain an item on the list as
a significant component. The final rule
clarifies that being on the list does not
mean that an item is completely
nonavailable from U.S. sources, but that
the item is not mined, produced, or
manufactured in the United States in
sufficient and reasonably available
commercial quantities and of a
satisfactory quality. Therefore, the final
rule emphasizes the need to conduct
market research, appropriate to the
circumstances, for potential domestic
sources, when acquiring an article on
the list.
Item VI—Cost Accounting Standards
Administration (FAR Case 1999–025)
This final rule amends the FAR by
revising Part 30, Cost Accounting
Standards Administration, and the
related contract clause at FAR 52.230–
6, Administration of Cost Accounting
Standards. In addition, a new contract
clause is added at FAR 52.230–7,
Proposal Disclosure—Cost Accounting
Practice Changes. The rule describes the
process for determining and resolving
the cost impact on contract and
subcontracts when a contractor makes a
compliant change to a cost accounting
practice or follows a noncompliant
practice. The case was initiated by
OUSD(AT&L)DPAP to address the CAS
cost-impact process. The rule is of
particular importance to contracting
officers and contractors who negotiate
and administer CAS-covered contracts
and subcontracts in accordance with
FAR Part 30.
Item VII—Elimination of Certain
Subcontract Notification Requirements
(FAR Case 2003–024) (Interim)
This interim rule affects contractors
that have cost-reimbursement contracts
with the Department of Defense, Coast
Guard, or NASA. It amends FAR
44.201–2, Advance Notification
Requirements, under costreimbursement contracts so that
contractors that maintain a purchasing
system approved by the contracting
VerDate jul<14>2003
16:48 Mar 08, 2005
Jkt 205001
officer for the contract do not have to
notify the agency before the award of
any—
• Cost-plus-fixed-fee subcontract; or
• Fixed-price subcontract that
exceeds the greater of the simplified
acquisition threshold or 5 percent of the
total estimated cost of the contract.
This rule implements section 842 of
the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108–
136).
Item VIII—Use of FAR Clause 52.244–
6, Subcontracts for Commercial Items
(FAR Case 2002–021)
This final rule revises FAR 44.403 by
requiring the use of the clause at
52.244–6, Subcontracts for Commercial
Items, in solicitations and contracts
other than those for commercial items.
The revised clause prescription clarifies
to contracting officers who acquire
construction that the clause is required
in all solicitations and contracts other
than those for commercial items,
thereby clearly including construction
contracts that are not for the acquisition
of commercial items. This rule does not
make any changes to existing OFPP
guidance addressing the applicability of
FAR Part 12 to construction
acquisitions.
Item IX—Technical Amendments
Editorial changes are made at FAR
28.203–3(d), 31.101, 42.203, and
52.225–13(b) in order to update
references.
Dated: February 24, 2005.
Rodney P. Lantier,
Director, Contract Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC)
2005-01 is issued under the authority of
the Secretary of Defense, the
Administrator of General Services, and
the Administrator for the National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2005-01 is effective March 9,
2005, except for Items III, V, and VI,
which are effective April 8, 2005.
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
11737
Dated: February 24, 2005.
Deidre A. Lee,
Director, Defense Procurement and
Acquisition Policy.
Dated: February 22, 2005.
Pat Brooks,
Acting Senior Procurement Executive, Office
of the Chief Acquisition Officer, General
Services Administration.
Dated: February 17, 2005.
Tom Luedtke,
Deputy Chief Acquisition Officer, National
Aeronautics and Space Administration.
[FR Doc. 05–4083 Filed 3–8–05; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 8, 16, and 36
[FAC 2005–01; FAR Case 2004–001; Item
I]
RIN 9000–AK15
Federal Acquisition Regulation;
Improvements in Contracting for
Architect-Engineer Services
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
AGENCIES:
SUMMARY: 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. 108–136).
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.
ADDRESSES: Submit comments
identified by FAC 2005–01, FAR case
2004–001 by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FAR case
number to submit comments.
E:\FR\FM\09MRR2.SGM
09MRR2
11738
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
• E-mail: farcase.2004–001@gsa.gov.
Include FAC 2005–01, FAR case 2004–
001 in the subject line of the message.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW, Room 4035,
ATTN: Laurie Duarte, Washington, DC
20405.
Instructions: Please submit comments
only and cite FAC 2005–01, FAR case
2004–001, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.acqnet.gov/far/ProposedRules/
proposed.htm, including any personal
information provided.
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)
208–4949. Please cite FAC 2005–01,
FAR case 2004–001.
SUPPLEMENTARY INFORMATION:
A. Background
Section 1427 of the Services
Acquisition Reform Act of 2003
prohibits architect-engineer 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 architect-engineer 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 architect-
VerDate jul<14>2003
16:48 Mar 08, 2005
Jkt 205001
engineer 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 2005–01, FAR
case 2004–001, 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. 108–136.) Section 1427(b)
went into effect November 24, 2003.
However, pursuant to Public Law 98–
577 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
Government procurement.
PO 00000
Frm 00004
Fmt 4701
Sfmt 4700
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:
I 1. The authority citation for 48 CFR
parts 2, 8, 16, and 36 is revised to read
as follows:
I
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 2—DEFINITIONS OF WORDS
AND TERMS
2.101
[Amended]
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.
I
PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
3. Amend section 8.403 by adding
paragraph (c) to read as follows:
I
8.403
Applicability.
*
*
*
*
*
(c) In accordance with section 1427(b)
of Public Law 108–136, 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 16—TYPES 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:
I
16.505
Ordering.
(a) * * *
(8) In accordance with section 1427(b)
of Public Law 108–136, orders placed
under multi-agency 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.
*
*
*
*
*
E:\FR\FM\09MRR2.SGM
09MRR2
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations
PART 36—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
5. Revise section 36.600 to read as
follows:
I
36.600
Scope of Subpart.
This subpart prescribes policies and
procedures applicable to the acquisition
of architect-engineer services, including
orders for architect-engineer services
under multi-agency contracts (see
16.505(a)(8)).
[FR Doc. 05–4084 Filed 3–8–05; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 6
[FAC 2005–01; FAR Case 2004–037; Item
II]
RIN 9000–AK12
Federal Acquisition Regulation;
Increased Justification and Approval
Threshold for DoD, NASA, and Coast
Guard
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
AGENCIES:
SUMMARY: 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 increase the
justification and approval thresholds for
DoD, NASA, and the U.S. Coast Guard,
as a result of Section 815 of the Ronald
W. Reagan National Defense
Authorization Act for Fiscal Year 2005,
Public Law 108–375, which amends 10
U.S.C. 2304(f)(1)(B) by striking
$50,000,000 both places it appears and
inserting $75,000,000 in its place. In
addition, the FAR is amended by
replacing the outdated reference to
‘‘grade GS–16’’ with ‘‘a grade above GS–
15.’’
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.
VerDate jul<14>2003
16:48 Mar 08, 2005
Jkt 205001
Submit comments
identified by FAC 2005–01, FAR case
2004–037, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FAR case
number to submit comments.
• E-mail: farcase.2004–037@gsa.gov.
Include FAC 2005–01, FAR case 2004–
037, in the subject line of the message.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW, Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAC 2005–01, FAR case
2004–037, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.acqnet.gov/far/ProposedRules/
proposed.htm, including any personal
information provided.
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 Jackson,
Procurement Analyst, at (202) 208–
4949. Please cite FAC 2005–01, FAR
case 2004–037.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
A. Background
This interim rule implements Section
815 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal
Year 2005, Public Law 108–375,which
amends 10 U.S.C. 2304(f)(1)(B) by
striking $50,000,000 both places it
appears and inserting $75,000,000.
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.
11739
parties must submit such comments
separately and should cite 5 U.S.C 601,
et seq. (FAC 2005–01, FAR case 2004–
037), 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 this rule
implements Section 815 of Public Law
108–375, which was effective upon
enactment (October 28, 2004). However,
pursuant to Public Law 98–577 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 Part 6
Government procurement.
Dated: February 24, 2005
Rodney P. Lantier,
Director,Contract Policy Division.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 6 as set forth below:
I
PART 6—COMPETITION
REQUIREMENTS
1. The authority citation for 48 CFR
part 6 is revised to read as follows:
I
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and42 U.S.C. 2473(c).
2. Amend section 6.304 by revising the
introductory text of paragraph (a)(3),
paragraph (a)(3)(ii), and the first sentence
of paragraph (a)(4) to read as follows:
I
B. Regulatory Flexibility Act
6.304
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 rule does not impose any
costs on either small or large businesses.
Therefore, an Initial Regulatory
Flexibility Analysis has not been
performed. The Councils will consider
comments from small entities
concerning the affected FAR Part 6 in
accordance with 5 U.S.C. 610. Interested
(a) * * *
(3) For a proposed contract over
$10,000,000, but not exceeding
$50,000,000, or, for DoD, NASA, and the
Coast Guard, not exceeding $75,000,000,
by the head of the procuring activity, or
a designee who—
*
*
*
*
*
(ii) If a civilian, is serving in a
position in a grade above GS–15 under
the General Schedule (or in a
comparable or higher position under
another schedule).
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
E:\FR\FM\09MRR2.SGM
Approval of the justification.
09MRR2
]]>Agencies
[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Pages 11737-11739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4084]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 8, 16, and 36
[FAC 2005-01; FAR Case 2004-001; Item I]
RIN 9000-AK15
Federal Acquisition Regulation; Improvements in Contracting for
Architect-Engineer Services
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: 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. 108-136).
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.
ADDRESSES: Submit comments identified by FAC 2005-01, FAR case 2004-
001 by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: https://www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FAR case number to submit comments.
[[Page 11738]]
E-mail: farcase.2004-001@gsa.gov. Include FAC 2005-01, FAR
case 2004-001 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-01, FAR
case 2004-001, in all correspondence related to this case. All comments
received will be posted without change to https://www.acqnet.gov/far/
ProposedRules/proposed.htm, including any personal information
provided.
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) 208-4949. Please cite FAC 2005-01, FAR
case 2004-001.
SUPPLEMENTARY INFORMATION:
A. Background
Section 1427 of the Services Acquisition Reform Act of 2003
prohibits architect-engineer 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 Architect-Engineer Act.
FAR Subpart 2.1, Definitions, is revised to correct the statutory
citation for architect-engineer contracts.
FAR 8.403(c) is added to clarify that agencies whose requirements
substantially, or to a dominant extent, specify performance of
architect-engineer 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
architect-engineer 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 architect-engineer 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 2005-01, FAR case 2004-001, 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. 108-136.) Section 1427(b) went into
effect November 24, 2003.
However, pursuant to Public Law 98-577 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
Government procurement.
Dated: February 24, 2005
Rodney P. Lantier,
Director,Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 8, 16, and 36 as
set forth below:
0
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 2--DEFINITIONS OF WORDS AND TERMS
2.101 [Amended]
0
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 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
0
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 108-136, for
requirements that substantially or to a dominant extent specify
performance of architect-engineer 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 16--TYPES OF CONTRACTS
0
4. Amend section 16.505 by redesignating paragraph (a)(8) as (a)(9) and
adding a new paragraph (a)(8) to read as follows:
16.505 Ordering.
(a) * * *
(8) In accordance with section 1427(b) of Public Law 108-136,
orders placed under multi-agency 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.
* * * * *
[[Page 11739]]
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
0
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 architect-engineer services, including orders for
architect-engineer services under multi-agency contracts (see
16.505(a)(8)).
[FR Doc. 05-4084 Filed 3-8-05; 8:45 am]
BILLING CODE 6820-EP-S
