98-34367. Federal Acquisition Regulation; Cost-Reimbursement Architect- Engineer Contracts  

  • [Federal Register Volume 63, Number 249 (Tuesday, December 29, 1998)]
    [Proposed Rules]
    [Pages 71710-71711]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-34367]
    
    
    
    [[Page 71709]]
    
    _______________________________________________________________________
    
    Part V
    
    Department of Defense
    
    General Services Administration
    
    National Aeronautics and Space Administration
    _______________________________________________________________________
    
    
    
    48 CFR Parts 36, 44, 49, and 52
    
    
    
    Federal Acquisition Regulation; Proposed Rules
    
    Federal Register / Vol. 63, No. 249 / Tuesday, December 29, 1998 / 
    Proposed Rules
    
    [[Page 71710]]
    
    
    
    DEPARTMENT OF DEFENSE
    
    GENERAL SERVICES ADMINISTRATION
    
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
    
    48 CFR Parts 36, 44, 49, and 52
    
    [FAR Case 97-043]
    RIN 9000-AI22
    
    
    Federal Acquisition Regulation; Cost-Reimbursement Architect-
    Engineer Contracts
    
    AGENCIES: Department of Defense (DoD), General Services Administration 
    (GSA), and National Aeronautics and Space Administration (NASA).
    
    ACTION: Proposed rule.
    
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    SUMMARY: The Civilian Agency Acquisition Council and the Defense 
    Acquisition Regulations Council are proposing to amend the Federal 
    Acquisition Regulation (FAR) to provide guidance on the applicability 
    of certain clauses to cost-reimbursement architect-engineer (A-E) 
    contracts.
    
    DATES: Comments should be submitted on or before March 1, 1999 to be 
    considered in the formulation of a final rule.
    
    ADDRESSES: Interested parties should submit written comments to: 
    General Services Administration, FAR Secretariat (MVR), Attn: Laurie 
    Duarte, 1800 F Street, NW, Room 4035, Washington, DC 20405.
        E-mail comments submitted over Internet should be addressed to: 
    farcase.97-043@gsa.gov.
        Please cite FAR case 97-043 in all correspondence related to this 
    case.
    
    FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
    Building, Washington, DC 20405, (202) 501-4755, for information 
    pertaining to status or publication schedules. For clarification of 
    content, contact Mr. Jack O'Neill, Procurement Analyst, at (202) 501-
    3856. Please cite FAR case 97-043.
    
    SUPPLEMENTARY INFORMATION:
    
    A. Background
    
        This rule proposes to amend the prescriptions for use of the 
    following FAR clauses to include cost-reimbursement A-E contracts:
    
    52.236-24--Work Oversight in Architect-Engineer Contracts
    52.236-25--Requirements for Registration of Designers
    52.244-4--Subcontractors and Outside Associates and Consultants 
    (Architect-Engineer Services)
    52.249-6--Termination (Cost-Reimbursement)
    
        Presently, FAR 36.609 requires use of the clauses at 52.236-24 and 
    52.236-25 in fixed-price A-E contracts; FAR 44.204 permits use of the 
    clause at 52.244-4 in fixed-price A-E contracts; and FAR 49.503 
    requires use of the clause at 52.249-6 in cost-reimbursement contracts, 
    except those for A-E services or for research and development with an 
    educational or nonprofit institution on a no-fee basis. The terms of 
    these clauses also are deemed appropriate for cost-reimbursement A-E 
    contracts. Therefore, this rule proposes to expand the applicability of 
    these clauses to such contracts. As a result of this, the FAR matrix at 
    52.301 is amended to include cost reimbursement A-E contracts and is 
    also being revised and corrected where necessary as a result of this 
    proposed rule. The matrix is provided in looseleaf format only.
        This regulatory action was not subject to Office of Management and 
    Budget review under Executive Order 12866, dated September 30, 1993, 
    and is not a major rule under 5 U.S.C. 804.
    
    B. Regulatory Flexibility Act
    
        This proposed 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 
    only corrects certain clause prescriptions and this correction will not 
    bring about any increased costs to be borne by the contractor. An 
    Initial Regulatory Flexibility Analysis has, therefore, not been 
    performed. Comments from small entities concerning the affected FAR 
    subpart will be considered in accordance with 5 U.S.C. 610 of the Act. 
    Such comments must be submitted separately and should cite 5 U.S.C. 
    601, et seq. (FAR case 97-043), in correspondence.
    
    C. Paperwork Reduction Act
    
        The Paperwork Reduction Act (44 U.S.C. 3501, et seq.) is deemed to 
    apply because the proposed rule contains information collection 
    requirements. The proposed rule requires use of the clause at FAR 
    52.249-6, Termination (Cost-Reimbursement), in cost-reimbursement 
    contracts for architect-engineer services. The information collection 
    requirements relating to termination clauses are covered by OMB Control 
    No. 9000-0028.
    
    Annual Reporting Burden
    
        Public reporting burden for this collection of information is 
    estimated to average 3 hours per response, including the time for 
    reviewing instruction, searching existing data sources, gathering and 
    maintaining the data needed, and completing and reviewing the 
    collection of information.
        The annual reporting burden is estimated as follows: Respondents: 
    2,920; Responses per respondent: 1; Total annual responses: 2,920; 
    Preparation hours per response: 3; Total response burden hours: 8,760; 
    and Total recordkeeping hours: 2,920.
    
    D. Request for Comments Regarding Paperwork Burden
    
        Members of the public are invited to comment on the recordkeeping 
    and information collection requirements and estimates set forth above. 
    Please send comments to: Office of Information and Regulatory Affairs, 
    Office of Management and Budget, Attention: Mr. Peter N. Weiss, FAR 
    Desk Officer, New Executive Office Building, Room 10102, 725 17th 
    Street, NW., Washington, DC 20503.
        Also send a copy of any comments to the FAR Secretariat at the 
    address shown under ADDRESSES. Please cite the corresponding OMB 
    Clearance Number in all correspondence related to the estimate.
    
    List of Subjects in 48 CFR Parts 36, 44, 49, and 52
    
        Government procurement.
    
        Dated: December 22, 1998.
    Victoria Moss,
    Acting Director, Federal Acquisition Policy Division.
    
        Therefore, it is proposed that 48 CFR Parts 36, 44, 49, and 52 be 
    amended as set forth below:
        1. The authority citation for 48 CFR Parts 36, 44, 49, and 52 
    continues to read as follows:
    
        Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
    U.S.C. 2473(c).
    
    PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
    
    
    36.609-3  [Amended]
    
        2. Section 36.609-3 is amended by removing ``fixed-price'' and 
    adding ``all'' in its place.
    
    
    36.609-4   [Amended]
    
        3. Section 36.609-4 is amended in the introductory paragraph by 
    removing ``fixed-price''.
    
    PART 44--SUBCONTRACTING POLICIES AND PROCEDURES
    
    
    44.204  [Amended]
    
        4. Section 44.204 is amended in paragraph (b) by removing the words 
    ``fixed-price''.
    
    [[Page 71711]]
    
    PART 49--TERMINATION OF CONTRACTS
    
        5. Section 49.503 is amended by revising paragraph (a)(1) to read 
    as follows:
    
    
    49.503  Termination for convenience of the Government and default.
    
        (a) Cost-reimbursement contracts--(1) General use. The contracting 
    officer shall insert the clause at 52.249-6, Termination (Cost-
    Reimbursement), in solicitations and contracts when a cost-
    reimbursement contract is contemplated, except contracts for research 
    and development with an educational or nonprofit institution on a no-
    fee basis.
    * * * * *
    
    PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
    
        6. Section 52.236-25 is amended by revising the introductory text 
    of the clause to read as follows:
    
    
    52.236-25  Requirements for Registration of Designers.
    
        As prescribed in 36.609-4, insert the following clause:
    * * * * *
    [FR Doc. 98-34367 Filed 12-28-98; 8:45 am]
    BILLING CODE 6820-EP-P
    
    
    

Document Information

Published:
12/29/1998
Department:
National Aeronautics and Space Administration
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
98-34367
Dates:
Comments should be submitted on or before March 1, 1999 to be considered in the formulation of a final rule.
Pages:
71710-71711 (2 pages)
Docket Numbers:
FAR Case 97-043
RINs:
9000-AI22
PDF File:
98-34367.pdf
CFR: (4)
48 CFR 36
48 CFR 44
48 CFR 49
48 CFR 52