[Federal Register Volume 72, Number 134 (Friday, July 13, 2007)]
[Proposed Rules]
[Pages 38548-38549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13646]
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DEPARTMENT OF HOMELAND SECURITY
48 CFR Part 3036
[Docket No. DHS-2007-0024]
RIN 1601-AA44
Department of Homeland Security Acquisition Regulation; One-Step
Turnkey Design-Build Contracts for United States Coast Guard (HSAR Case
2007-002)
AGENCY: Department of Homeland Security.
ACTION: Proposed rule with requests for comments.
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SUMMARY: The Department of Homeland Security (DHS) is proposing to
amend the Department of Homeland Security Acquisition Regulation (HSAR)
to incorporate the delegation of turnkey design-build authority from
the Secretary of Homeland Security to the United States Coast Guard.
The rule is necessary to implement changes resulting from section 205
of Public Law 109-241.
DATES: Submit comments by August 13, 2007.
ADDRESSES: You may submit comments, identified by Docket Number DHS-
2007-0024, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include the docket number
in the subject line of the message.
Mail: Department of Homeland Security, Office of the Chief
Procurement Officer, Acquisition Policy and Legislation, ATTN: Kathy
Strouss, 245 Murray Drive, Bldg. 410 (RDS), Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT: Kathy Strouss, Department of Homeland
Security, Office of the Chief Procurement Officer, Acquisition Policy,
(202) 447-5300.
SUPPLEMENTARY INFORMATION:
I. Public Participation
II. Background and Purpose
III. Discussion of Proposed Rule
IV. Regulatory Analyses
A. Executive Order 12866 Assessment
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act
D. Paperwork Reduction Act
E. Executive Order 13132: Federalism
F. Executive Order 12630: Governmental Actions and Interference
With Constitutionally Protected Property Rights
G. Executive Order 12988: Civil Justice Reform
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
J. Executive Order 13211: Energy Effects
K. National Environmental Policy Act
I. Public Participation
DHS invites interested persons to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
proposed rule. DHS also invites comments that relate to the economic,
environmental, or federalism affects that might result from this
proposed rule. Comments that will provide the most assistance to DHS in
developing these procedures will reference a specific portion of the
proposed rule, explain the reason for any recommended change, and
include data, information, or authority that support such recommended
change.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
You may submit your comments and material by one of the methods
specified in the ADDRESSES section. Please submit your comments and
material by only one means. If you submit them by mail, submit them in
an unbound format, no larger than 8.5 by 11 inches, suitable for
copying and electronic filing. If you want DHS to acknowledge receipt
of comments by mail, include with your comments a self-addressed,
stamped postcard that includes the docket number for this rulemaking.
We will stamp the date on the postcard and mail it to you.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
II. Background and Purpose
Currently, the Federal Acquisition Regulation (FAR) provides for
Two-Phase Design-Build Selection Procedures. These procedures are used
when the Government determines it is appropriate to combine design and
construction in a single contract with one contractor. See 48 CFR 36.3,
``Two-Phase Design-Build Selection Procedures.'' Since the FAR does not
allow for consideration of cost or price related factors until the
second phase, the Two-Phase procedures require proposal evaluation at
two separate points. See 48 CFR 36.303-2(b)). The existing two-phase
selection procedures, whether one solicitation for both phases or two
solicitations issued sequentially, require evaluation of technical
approach and technical qualifications in phase one and evaluation of
technical factors (such as design concepts or proposed solutions and
price) in phase two. These procedures result in substantial completion
time for both interested firms and the Government.
The proposed rule amends the HSAR to allow for one-step turnkey
design-build contracting for United States Coast Guard facilities. This
one-step design-build contracting method results in a single contractor
for both design and construction services. The one-step turnkey
selection procedures for design-build consist of a single price and
technical evaluation for a single, firm fixed-price contract with one
contractor. This approach, which works well for less complex
facilities' construction projects requiring little design, provides for
shortened procurement and execution stages when compared to the
existing two-phase selection procedures.
III. Discussion of Proposed Rule
The proposed rule adds a new section and subpart to the HSAR at 48
CFR 3036.104-90. DHS is amending the HSAR to implement changes
resulting from section 205 of Public Law 109-241 (regarding one-step
turnkey selection procedures for design-build contracts of the United
States Coast Guard) and to incorporate the delegation of turnkey
design-build authority from the Secretary of Homeland Security to the
United States Coast Guard.
IV. Regulatory Analyses
A. Executive Order 12866 Assessment
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. The proposed rule reduces
proposal submittal requirements for Design-Build contracts through a
one-step turnkey
[[Page 38549]]
selection process and, therefore, will not result in any additional
cost to the government or private sector.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), DHS has
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
The less complex one-step turnkey selection procedures under this
proposed rule would encourage small businesses to participate in the
source selection process being implemented for United States Coast
Guard Design-Build contracts. Therefore, the Department of Homeland
Security certifies under 5 U.S.C. 605(b) that this proposed rule would
not have a significant economic impact on a substantial number of small
entities. If you think that your business, organization, or
governmental jurisdiction qualifies as a small entity and that this
rule would have a significant economic impact on it, please submit a
written comment to the contact information previously identified in
this proposed rule. In your comment, explain why you think it qualifies
and how and to what degree this rule would economically affect it.
C. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
D. Paperwork Reduction Act
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Executive Order 13132: Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
F. Executive Order 12630: Governmental Actions and Interference with
Constitutionally Protected Property Rights
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
G. Executive Order 12988: Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
I. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
J. Executive Order 13211: Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.
K. National Environmental Policy Act
The Department of Homeland Security considered the proposed rule
under Management Directive 5100.1, Environmental Planning Program, that
provides DHS the implementing policy for complying with the National
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f). DHS has
determined that this rulemaking would not individually or cumulatively
have a significant effect on the human environment and, therefore,
neither an environmental assessment nor an environmental impact
statement is required. This rulemaking is among the category of actions
included in Categorical Exclusion A3 for promulgation of rules of an
administrative or procedural nature.
List of Subjects in 48 CFR Part 3036
Government procurement.
Dated: July 10, 2007.
Elaine C. Duke,
Chief Procurement Officer.
Accordingly, DHS proposes to amend 48 CFR part 3036 as follows:
1. The authority citation for 48 CFR part 3036 continues to read as
follows:
Authority: 41 U.S.C. 418b(a) and (b).
PART 3036--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
2. Add subpart 3036.1 to read as follows:
Subpart 3036.1 General
3036.104 Policy.
3036.104-90 Authority for one-step turn-key design-build contracting
for the United States Coast Guard (USCG).
The Head of the Contracting Activity (HCA) of the U.S. Coast Guard
may use one-step turnkey selection procedures to enter into fixed-price
design-build contracts in accordance with 14 U.S.C. 677.
[FR Doc. E7-13646 Filed 7-12-07; 8:45 am]
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