99-21319. General Services Administration Acquisition Regulation; Clarification on the Use of Selection Criteria for Architect-Engineer Procurements

[Federal Register Volume 64, Number 158 (Tuesday, August 17, 1999)]
[Proposed Rules]
[Page 44683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21319]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 536

[GSAR Notice 5-421]
RIN 3090-AH07


General Services Administration Acquisition Regulation; 
Clarification on the Use of Selection Criteria for Architect-Engineer 
Procurements

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Proposed rule.

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SUMMARY: The General Services Administration proposes to amend the GSA 
Acquisition Regulation (GSAR) to provide additional guidance concerning 
the use of selection criteria for Architect-Engineer procurements.

DATES: Comments should be submitted in writing to address shown below 
on or before October 18, 1999.

ADDRESSES: Mail comments to General Services Administration, Office of 
Acquisition Policy, GSA Acquisition Policy Division (MVP), 1800 F 
Street, NW, Room 4027, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT:
Cecelia L. Davis, GSA Acquisition Policy Division, [phone].

SUPPLEMENTARY INFORMATION:

A. Background

    The GSAR is proposed to amended to supplement the language provided 
in the FAR on the use of selection criteria for Architect-Engineer 
procurements. This proposed rule would eliminate unnecessary 
restrictions to competition in GSA's use of geographic limitations in 
the evaluation process for Architect-Engineer procurements.

B. Executive Order 12866

    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.

C. 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.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the GSAR do not impose recordkeeping or information 
collection requirements, or otherwise collect information from 
offerors, contractors, or members of the public that require approval 
of the Office of Management and Budget under 44 U.S.C. 3501 et seq.

List of Subjects in 48 CFR Part 536

    Government Procurement.

    Accordingly, 48 CFR part 536 is proposed to be amended as follows:
    1. The authority citation for 48 CFR Part 536 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c).

PART 536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

    2. Part 536 is proposed to be amended by adding Subpart 536.6 to 
read as follows:

Subpart 536.6--Architect--Engineer Services


536.602  Selection of firms for architect-engineer contracts.


536.602-1  Selection criteria.

    (a) FAR 36.602-1 requires that agencies include ``location in the 
general geographical area of the project and knowledge of locality of 
the project'' as one of several selection criteria.
    (1) This evaluation factor shall not be used as a minimum 
qualification requirement for determining whether a firm is eligible to 
compete for a proposed project.
    (2) This factor shall not exceed 5 percent of the total weight of 
all evaluation criteria. In order to receive the maximum score for this 
factor, the architect-engineer firm(s) must demonstrate that at least 
35 percent of the architect-engineer contract services (based on the 
total contract price) will be accomplished with the geographical 
boundaries established for the project.
    (3) Under an approved class deviation from FAR 36.602-1(a)(5), this 
factor does not apply to projects determined by the Chief Architect of 
GSA to be of national significance.
    (b) The public announcement (Commerce Business Daily notice) for a 
proposed project should identify the general geographical area of the 
project by either:
    (1) A radius in miles or other appropriate unit of measure; or,
    (2) The Standard Metropolitan Statistical Area, county(ies), 
state(s) surrounding the project, or other appropriate geographic 
boundaries.
    (c) Architect-engineer selections under the Design Excellence 
Program shall apply the geographical evaluation criteria in the second 
phase.
    (d) The public announcement (Commerce Business Daily notice) may 
require the architect-engineer of record to establish a significant 
production capability within the general geographical area of the 
project within 45 calendar days after contract award.

    Dated: July 28, 1999.
Ida M. Ustad,
Deputy Associate Administrator for Acquisition Policy.
[FR Doc. 99-21319 Filed 8-16-99; 8:45 am]
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