[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Proposed Rules]
[Pages 35568-35569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14341]
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DEPARTMENT OF DEFENSE
48 CFR Part 236
[DFARS Case 2003-D035]
Defense Federal Acquisition Regulation Supplement; Construction
and Architect-Engineer Services
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to update text pertaining to selection of
firms for architect-engineer contracts. This proposed rule is a result
of a transformation initiative undertaken by DoD to dramatically change
the purpose and content of the DFARS.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before August 24, 2004, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2003-D035,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for
submitting comments.
E-mail: [email protected]. Include DFARS Case 2003-D035 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations Council, Attn: Mr.
Euclides Barrera, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, (703) 602-0296.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
http://www.acq.osd.mil/dp/dars/transf.htm.
This proposed rule is a result of the DFARS Transformation
initiative. The proposed changes--
Revise DFARS 236.602-1 to remove procedures for
establishment of evaluation criteria in the selection of firms for
architect-engineer contracts. This text will be relocated to the new
DFARS companion resource, Procedures, Guidance, and Information (PGI).
A proposed rule describing the purpose and structure of PGI was
published at 69 FR 8145 on February 23, 2004.
Remove unnecessary text on preselection boards and
selection authorities at DFARS 236.602-2 and 236.602-4.
Amend DFARS 236.604 to reflect replacement of Standard
Form 254, Architect-Engineer and Related Services Questionnaire, with
Standard Form 330, Architect-Engineer Qualifications.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule 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 changes
in the rule represent no substantive change to policy with regard to
selection of firms for architect-engineer contracts. Therefore, DoD has
not performed an initial regulatory flexibility analysis. DoD invites
comments from small businesses and other interested parties. DoD also
will consider comments from small entities concerning the affected
DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be
submitted separately and should cite DFARS Case 2003-D035.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any 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 Part 236
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, DoD proposes to amend 48 CFR part 236 as follows:
1. The authority citation for 48 CFR part 236 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
2. Section 236.602-1 is revised to read as follows:
[[Page 35569]]
236.602-1 Selection criteria.
(a) Establish the evaluation criteria before making the public
announcement required by FAR 5.205(c) and include the criteria and
their relative order of importance in the announcement. Follow the
procedures at PGI 236.602-1.
236.602-2 and 236.602-4 [Removed]
3. Sections 236.602-2 and 236.602-4 are removed.
4. Section 236.604 is amended by revising paragraph (c)(ii) to read
as follows:
236.604 Performance evaluation.
* * * * *
(c) * * *
(ii) File and use the DD Form 2631, Performance Evaluation
(Architect-Engineer), in a manner similar to the SF 330, Architect-
Engineer Qualifications, Part II.
[FR Doc. 04-14341 Filed 6-24-04; 8:45 am]
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