[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30643]


[Federal Register: December 28, 1994]


=======================================================================
-----------------------------------------------------------------------


DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 36 and 52

[FAC 90-23; FAR Case 90-62; Item XXVI]
RIN 9000-AE30


Federal Acquisition Regulation; Construction Contracting

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule which will 
add to the Federal Acquisition Regulation (FAR) a new clause, 
Preconstruction Conference, and a new solicitation provision, Site 
Visit (Construction). Prescriptions for the provision and clause are 
included in the FAR. Preconstruction Orientation is added and includes 
information previously in several other paragraphs in the proposed 
rule. The most significant change from the proposed rule is the 
deletion of Alternate III to the current clause, Specifications and 
Drawings for Construction. The proposed rule was published in the 
Federal Register at 56 FR 3954, January 31, 1991. This regulatory 
action was not subject to Office of Management and Budget review under 
Executive Order 12866, dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-23, FAR case 90-62.

SUPPLEMENTARY INFORMATION:

A. Background

    Similar versions of the provision at 52.236-27 and the clause at 
52.236-26 have been used by various military activities in fixed price 
construction contracts, and in contracts for dismantling, demolition, 
or removal of improvements. The Councils determined they would be 
beneficial to contractors and civilian and defense agencies.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq., because the changes merely provide information to 
offerors and contractors concerning details of preconstruction 
conferences and site visits.

C. Paperwork Reduction Act

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

List of Subjects in 48 CFR Parts 36 and 52

    Government procurement.

    Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, 48 CFR parts 36 and 52 are amended as set forth below:
    1. The authority citation for 48 CFR parts 36 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

    2. Section 36.212 is added to read as follows:


36.212  Preconstruction orientation.

    (a) The contracting officer will inform the successful offeror of 
significant matters of interest, including--(1) statutory matters such 
as labor standards (subpart 22.4), and subcontracting plan requirements 
(subpart 19.7); and (2) other matters of significant interest, 
including who has authority to decide matters such as contractual, 
administrative (e.g., security, safety, and fire and environmental 
protection), and construction responsibilities.
    (b) As appropriate, the contracting officer may issue an 
explanatory letter or conduct a preconstruction conference.
    (c) If a preconstruction conference is to be held, the contracting 
officer shall--
    (1) Conduct the conference prior to the start of construction at 
the work site;
    (2) Notify the successful offeror of the date, time, and location 
of the conference (see 36.522); and
    (3) Inform the successful offeror of the proposed agenda and any 
need for attendance by subcontractors.


Sec. 36.305  [Removed]

    3. Section 36.305 is removed.
    4. Sections 36.522 and 36.523 are added to read as follows:


Sec. 36.522  Preconstruction conference.

    If the contracting officer determines it may be desirable to hold a 
preconstruction conference, the contracting officer shall insert a 
clause substantially the same as the clause at 52.236-26, 
Preconstruction Conference, in solicitations and fixed price contracts 
for construction or for dismantling, demolition or removal of 
improvements.


Sec. 36.523  Site visit.

    The contracting officer shall insert a provision substantially the 
same as the provision at 52.236-27, Site Visit (Construction), in 
solicitations which include the clauses at 52.236-2, Differing Site 
Conditions, and 52.236-3, Site Investigations and Conditions Affecting 
the Work. Alternate I may be used when an organized site visit will be 
conducted.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    5. Sections 52.236-26 and 52.236-27 are added to read as follows:


Sec. 52.236-26  Preconstruction Conference.

    As prescribed in 36.522, insert the following clause:

Preconstruction Conference (Feb. 1995)

    If the Contracting Officer decides to conduct a preconstruction 
conference, the successful offeror will be notified and will be 
required to attend. The Contracting Officer's notification will 
include specific details regarding the date, time, and location of 
the conference, any need for attendance by subcontractors, and 
information regarding the items to be discussed.

(End of clause)


Sec. 52.236-27  Site Visit (Construction).

    As prescribed in 36.523, insert a provision substantially the same 
as the following:

Site Visit (Construction) (Feb. 1995)

    (a) The clauses at 52.236-2, Differing Site Conditions, and 
52.236-3, Site Investigations and Conditions Affecting the Work, 
will be included in any contract awarded as a result of this 
solicitation. Accordingly, offerors or quoters are urged and 
expected to inspect the site where the work will be performed.

    (b) Site visits may be arranged during normal duty hours by 
contacting:

Name:------------------------------------------------------------------

Address:---------------------------------------------------------------
----------------------------------------------------------------------

Telephone:-------------------------------------------------------------

(End of provision)

    Alternate I (FEB 1995). If an organized site visit will be 
conducted, substitute a paragraph substantially the same as the 
following for paragraph (b) of the basic provision:
    (b) An organized site visit has been scheduled for--

----------------------------------------------------------------------
(Insert date and time)

    (c) Participants will meet at--

----------------------------------------------------------------------
(Insert location)
(End of provision)
[FR Doc. 94-30643 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P