[Federal Register Volume 62, Number 145 (Tuesday, July 29, 1997)]
[Proposed Rules]
[Page 40497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19906]


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DEPARTMENT OF DEFENSE

48 CFR Part 236

[DFARS Case 97-D015]


Defense Federal Acquisition Regulation Supplement; Architect-
Engineer Selection process

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: The Director of Defense Procurement is proposing to amend the 
Defense Federal Acquisition Regulation Supplement (DFARS) to streamline 
the process for selection of firms for architect-engineer contracts.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before September 29, 1997, to be 
considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, PDUSD 
(A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington DC 20301-
3062. Telefax number (703) 602-0350. Please cite DFARS Case 97-D015 in 
all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Ms. Amy Williams, (703) 602-0131.

SUPPLEMENTARY INFORMATION:

A. Background

    This rule proposes revisions to DFARS 236.602 to streamline the 
process for selection of firms for architect-engineer contracts. The 
rule eliminates requirements for formal constitution and minimum size 
of preselection boards; eliminates special approval requirements for 
selection of firms for contracts exceeding $500,000; and changes the 
criteria for inclusion of firms on a preselection list from ``the 
maximum practicable number of qualified firms'' to ``the qualified 
firms that have a reasonable chance of being considered as most highly 
qualified by the selection board.''

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 
streamlines, but does not significantly alter, the process for 
selection of firms for architect-engineer contracts. An Initial 
Regulatory Flexibility Analysis has, therefore, not been performed. 
Comments are invited from small businesses and other interested 
parties. Comments from small entities concerning the affected DFARS 
subpart also will be considered in accordance with 5 U.S.C. 610. Such 
comments should be submitted separately and should cite DFARS Case 97-
D015 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because this proposed 
rule does not impose any information collection requirements that 
require approval of the Office of Management and Budget under 44 U.S.C. 
3401, et seq.

List of Subjects in 48 CFR Part 236

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR part 236 is proposed to be amended as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

    2. Section 236.602-2 is revised to read as follows:


Sec. 236.602-2  Evaluation boards

    (a) Preselection boards may be used to identify to the selection 
board the qualified firms that have a reasonable chance of being 
considered as most highly qualified by the selection board.
    3. Section 236-4 is revised to read as follows:


Sec. 236.602-4  Selection authority.

    (a) The selection authority shall be at a level appropriate for the 
dollar value and nature of the proposed contract.
    (c) A finding that some of the firms on the selection report are 
unqualified does not preclude approval of the report, provided that a 
minimum of three most highly qualified firms remains. The reasons for 
finding a firm or firms unqualified must be recorded.

[FR Doc. 97-19906 Filed 7-28-97; 8:45 am]
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