[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