Federal Acquisition Regulation; Improvements in Contracting for Architect-Engineer Services, 57452-57453 [05-19469]

Download as PDF 57452 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations unauthorized way, could adversely affect the national interest, the conduct of Federal programs, or the privacy of individuals. Examples include information which if modified, destroyed or disclosed in an unauthorized manner could cause: loss of life; loss of property or funds by unlawful means; violation of personal privacy or civil rights; gaining of an unfair commercial advantage; loss of advanced technology, useful to competitor; or disclosure of proprietary information entrusted to the Government. * * * * * PART 7—ACQUISITION PLANNING 4. Amend section 7.103 by adding paragraph (u) to read as follows: I 7.103 Agency-head responsibilities. * * * * * (u) Ensuring that agency planners on information technology acquisitions comply with the information technology security requirements in the Federal Information Security Management Act (44 U.S.C. 3544), OMB’s implementing policies including Appendix III of OMB Circular A–130, and guidance and standards from the Department of Commerce’s National Institute of Standards and Technology. I 5. Amend section 7.105 by adding a sentence to the end of paragraph (b)(17) to read as follows: Services Administration (see address in 11.201(d)(1)). DoD 4120.24–M may be obtained from DoD (see address in 11.201(d)(2)). FIPS PUBS may be obtained from the Government Printing Office (GPO), or the Department of Commerce′s National Technical Information Service (NTIS) (see address in 11.201(d)(3)). I 7. Amend section 11.201 by adding paragraph (d)(3) to read as follows: 11.201 Identification and availability of specifications. * * * * * (d) * * * (3) The FIPS PUBS may be obtained from https://www.itl.nist.gov/fipspubs/, or purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, Telephone (202) 512–1800, Facsimile (202) 512–2250; or National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, Telephone (703) 605–6000, Facsimile (703) 605–6900, Email: orders@ntis.gov. * * * * * PART 39—ACQUISITION OF INFORMATION TECHNOLOGY 8. Amend section 39.101 by adding paragraph (d) to read as follows: I 39.101 Policy. * 7.105 Contents of written acquisition plans. * * * * (d) In acquiring information technology, agencies shall include the appropriate information technology security policies and requirements. * * * * * (b) * * * (17) * * * For Information Technology acquisitions, discuss how agency information security requirements will be met. * * * * * [FR Doc. 05–19468 Filed 9–29–05; 8:45 am] PART 11—DESCRIBING AGENCY NEEDS NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 6. Revise section 11.102 to read as follows: 48 CFR Parts 2, 8, 16, and 36 11.102 [FAC 2005–06; FAR Case 2004–001; Item II] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION I Standardization program. Agencies shall select existing requirements documents or develop new requirements documents that meet the needs of the agency in accordance with the guidance contained in the Federal Standardization Manual, FSPM–0001; for DoD components, DoD 4120.24–M, Defense Standardization Program Policies and Procedures; and for IT standards and guidance, the Federal Information Processing Standards Publications (FIPS PUBS). The Federal Standardization Manual may be obtained from the General VerDate Aug<31>2005 19:49 Sep 29, 2005 Jkt 205001 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: Final rule. SUMMARY: The Civilian Agency Acquisition Council and the Defense PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 Acquisition Regulations Council (Councils) have adopted as final, without change, 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 Public Law 108–136). This final rule emphasizes the requirement to place orders for architect-engineer services consistent with the FAR and reiterates that such orders shall not be placed under General Services Administration (GSA) multiple award schedule (MAS) contracts and Governmentwide task and delivery order contracts unless the contracts were awarded using the procedures as stated in the FAR. DATES: Effective Date: September 30, 2005. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501–4755 for information pertaining to status or publication schedules. For clarification of content, contact Ms. Cecelia Davis, Procurement Analyst, at (202) 219– 0202. Please cite FAC 2005–06, FAR case 2004–001. SUPPLEMENTARY INFORMATION: A. Background This final rule constitutes the implementation in the FAR of Section 1427 of the Services Acquisition Reform Act of 2003 (Title XIV of Public Law 108–136) to ensure that the requirements of the Brooks ArchitectEngineers Act (40 U.S.C. 1102 et seq.) are not circumvented through the placement of orders under GSA MAS contracts and Governmentwide task and delivery order contracts that were not awarded using FAR Subpart 36.6 procedures. An order cannot be issued consistent with FAR Subpart 36.6, as currently required by FAR 16.500(d), unless the basic underlying contract was awarded using the Brooks ArchitectEngineers Act procedures. This final rule amends FAR parts 2, 8, 16, and 36 to ensure appropriate procedures are followed when ordering architectengineer services. The interim rule was published in the Federal Register at 70 FR 11737, March 9, 2005. The Councils received comments in response to the interim rule from seven (7) respondents. Summary of the Public Comments The comments were organized into three groups as follows: 1. Clarification on the Brooks Act Citation (40 U.S.C. 1102). Comment: Two commenters indicated that they were unable to find any relation of 40 U.S.C. 1102 with Architect-Engineer Services and requested clarification. E:\FR\FM\30SER4.SGM 30SER4 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations Response: The Councils clarify that the Brooks Act was recently re-codified by Congress and is now identified under 40 U.S.C. 1101 et seq. and the definition of architect-engineer services is defined under 40 U.S.C. 1102. 2. Support interim rule but it does not go far enough. Recommend changes in the definition. Comment: One commenter requested that in each place where the term ‘‘architect-engineer’’ is used in the rule, it be replaced with the term ‘‘architectural and engineering (including surveying and mapping) services.’’ Another commenter requested that all mapping and surveying be subjected to qualification based selection in conformance with the Brooks Act. Response: The Councils considered these recommendations to be beyond the scope of the rule. In addition, the Councils have already addressed the issue of the procurement of mapping services in FAR case 2004–023, published in the Federal Register at 70 FR 20329, April 19, 2005. 3. Address how GSA plans to prevent violation when Agencies use the GSA Multiple Award Schedule (MAS) program. Comment: Four commenters indicated that they have concerns with the proper use of the MAS program and asked that GSA indicate how it plans to eliminate the violations. Response: GSA has indicated to the Councils that it supports the use of the qualifications based selection (QBS) process for the procurement of A/E services for public projects as mandated by the Brooks Architect-Engineer Act of 1972 (Public Law 92–582, 40 U.S.C. 1102 et seq.), and it does not condone any violation of the Brooks Act. To ensure that the ordering agencies are fully aware of the statutory requirement, GSA has indicated that it has taken various steps to state that the GSA MAS Program may not be used to acquire services that are subject to the procedures of FAR Subpart 36.6. These steps include adding information to the online and classroom training, refining the scope of MAS contracts, adding a notice to GSA portal and MAS brochures, adding new FAQ’s on the website, and conducting a customer compliance survey. GSA also plans on conducting reviews of task orders for scope compliance and A/E services will be part of the reviews. 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 VerDate Aug<31>2005 17:16 Sep 29, 2005 Jkt 205001 rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not 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 this rule only clarifies an already existing requirement that architectural and engineering services be procured using the procedures at FAR Subpart 36.6. 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. List of Subjects in 48 CFR Parts 2, 8, 16, and 36 Government procurement. Dated: September 22, 2005. Julia B. Wise, Director, Contract Policy Division. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 2, 8, 16, and 36, which was published at 70 FR 11737, March 9, 2005, is adopted as a final rule without change. I [FR Doc. 05–19469 Filed 9–29–05; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, and 52 [FAC 2005–06; FAR Case 2005–010; Item III] RIN 9000–AK27 Federal Acquisition Regulation; Title 40 of United States Code Reference Corrections AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 57453 SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to reflect the most recent codification of Title 40 of the United States Code. DATES: Effective Date: September 30, 2005. 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. Gerald Zaffos, Procurement Analyst, at (202) 208– 6091. Please cite FAC 2005–06, FAR case 2005–010. SUPPLEMENTARY INFORMATION: A. Background Congress recently codified Title 40 of the United States Code. As a result, all sections of Title 40 were renumbered. This rule corrects the references to Title 40 in the FAR. 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 Regulatory Flexibility Act does not apply to this rule. This final rule does not constitute a significant FAR revision within the meaning of FAR 1.501 and Public Law 98–577, and publication for public comments is not required. However, the Councils will consider comments from small entities concerning the affected FAR Parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, and 52 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 2005–06, FAR case 2005–010), 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. List of Subjects in 48 CFR Parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, and 52 Government procurement. E:\FR\FM\30SER4.SGM 30SER4

Agencies

[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Pages 57452-57453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19469]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 8, 16, and 36

[FAC 2005-06; FAR Case 2004-001; Item II]
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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have adopted as final, 
without change, 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 Public Law 108-136). This 
final rule emphasizes the requirement to place orders for architect-
engineer services consistent with the FAR and reiterates that such 
orders shall not be placed under General Services Administration (GSA) 
multiple award schedule (MAS) contracts and Governmentwide task and 
delivery order contracts unless the contracts were awarded using the 
procedures as stated in the FAR.

DATES: Effective Date: September 30, 2005.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Ms. Cecelia Davis, Procurement 
Analyst, at (202) 219-0202. Please cite FAC 2005-06, FAR case 2004-001.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule constitutes the implementation in the FAR of 
Section 1427 of the Services Acquisition Reform Act of 2003 (Title XIV 
of Public Law 108-136) to ensure that the requirements of the Brooks 
Architect-Engineers Act (40 U.S.C. 1102 et seq.) are not circumvented 
through the placement of orders under GSA MAS contracts and 
Governmentwide task and delivery order contracts that were not awarded 
using FAR Subpart 36.6 procedures. An order cannot be issued consistent 
with FAR Subpart 36.6, as currently required by FAR 16.500(d), unless 
the basic underlying contract was awarded using the Brooks Architect-
Engineers Act procedures. This final rule amends FAR parts 2, 8, 16, 
and 36 to ensure appropriate procedures are followed when ordering 
architect-engineer services. The interim rule was published in the 
Federal Register at 70 FR 11737, March 9, 2005. The Councils received 
comments in response to the interim rule from seven (7) respondents.

Summary of the Public Comments

    The comments were organized into three groups as follows:
    1. Clarification on the Brooks Act Citation (40 U.S.C. 1102).
    Comment: Two commenters indicated that they were unable to find any 
relation of 40 U.S.C. 1102 with Architect-Engineer Services and 
requested clarification.

[[Page 57453]]

    Response: The Councils clarify that the Brooks Act was recently re-
codified by Congress and is now identified under 40 U.S.C. 1101 et seq. 
and the definition of architect-engineer services is defined under 40 
U.S.C. 1102.
    2. Support interim rule but it does not go far enough. Recommend 
changes in the definition.
    Comment: One commenter requested that in each place where the term 
``architect-engineer'' is used in the rule, it be replaced with the 
term ``architectural and engineering (including surveying and mapping) 
services.'' Another commenter requested that all mapping and surveying 
be subjected to qualification based selection in conformance with the 
Brooks Act.
    Response: The Councils considered these recommendations to be 
beyond the scope of the rule. In addition, the Councils have already 
addressed the issue of the procurement of mapping services in FAR case 
2004-023, published in the Federal Register at 70 FR 20329, April 19, 
2005.
    3. Address how GSA plans to prevent violation when Agencies use the 
GSA Multiple Award Schedule (MAS) program.
    Comment: Four commenters indicated that they have concerns with the 
proper use of the MAS program and asked that GSA indicate how it plans 
to eliminate the violations.
    Response: GSA has indicated to the Councils that it supports the 
use of the qualifications based selection (QBS) process for the 
procurement of A/E services for public projects as mandated by the 
Brooks Architect-Engineer Act of 1972 (Public Law 92-582, 40 U.S.C. 
1102 et seq.), and it does not condone any violation of the Brooks Act. 
To ensure that the ordering agencies are fully aware of the statutory 
requirement, GSA has indicated that it has taken various steps to state 
that the GSA MAS Program may not be used to acquire services that are 
subject to the procedures of FAR Subpart 36.6. These steps include 
adding information to the online and classroom training, refining the 
scope of MAS contracts, adding a notice to GSA portal and MAS 
brochures, adding new FAQ's on the website, and conducting a customer 
compliance survey. GSA also plans on conducting reviews of task orders 
for scope compliance and A/E services will be part of the reviews.
    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 Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not 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 this rule only clarifies 
an already existing requirement that architectural and engineering 
services be procured using the procedures at FAR Subpart 36.6.

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.

List of Subjects in 48 CFR Parts 2, 8, 16, and 36

    Government procurement.

    Dated: September 22, 2005.
Julia B. Wise,
Director, Contract Policy Division.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 2, 8, 16, and 36, 
which was published at 70 FR 11737, March 9, 2005, is adopted as a 
final rule without change.
[FR Doc. 05-19469 Filed 9-29-05; 8:45 am]
BILLING CODE 6820-EP-S

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.