[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.

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

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: 
[email protected].
    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