[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58155-58156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23952]



Defense Acquisition Regulations System

48 CFR Part 236

RIN 0750-AG91

Defense Federal Acquisition Regulation Supplement; Construction 
and Architect-Engineer Services Performance Evaluation (DFARS Case 

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to remove the requirement to 
use DoD-unique forms to prepare contractor performance evaluations for 
construction and architect-engineer services.

DATES: Effective Date: September 20, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, telephone, (703) 


I. Background

    This rule removes the requirement to use DoD-unique forms to 
document contractor past performance for construction and Architect-
Engineer services. On April 19, 2011, DoD published a proposed rule in 
the Federal Register at 75 FR 21851 to delete outdated procedures and 
references to obsolete DD forms. No public comments were received in 
response to the proposed rule.
    One editorial change is being made to the final rule. The 
references to ``A-E'' are revised to read ``architect-engineer'' in 
sections 236.102, 236.602-70, 236.606-70, and in 236.609-70.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, is not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as follows.
    DoD is amending the DFARS to reflect the current automated process 
being used by and delete outdated procedures and references to obsolete 
DD forms. The objective of this rule is to remove the requirement to 
use DD Form 2626, Performance Evaluation (Construction), and DD Form 
2631, Performance Evaluation (Architect-Engineer), to evaluate 
contractor performance.
    The Contractor Performance Assessment Report System (CPARS) is now 
the Governmentwide system for electronically collecting past 
performance data; there is no need to specify separate DoD forms to 
collect the data. Accordingly, this rule removes the requirement to use 
DD forms 2626 and 2631 from the DFARS.
    On April 19, 2011, DoD published a proposed rule at 75 FR 21851. 
The period for public comments closed on June 20, 2011. DoD made no 
changes to the proposed rule because public comments were not received 
in response to the initial regulatory flexibility analysis.
    There are no reporting, recordkeeping, or other compliance 
requirements associated with this rule. Thus, there are no professional 
skills necessary on the part of small businesses. In a like manner, 
there are no direct costs to small entities to comply with this rule 
other than the cost of internet access should small entities choose to 
comment on their past performance evaluation entered into CPARS by 
Government personnel.
    There are no known relevant Federal rules that may duplicate, 
overlap or conflict with this rule. Instead, the rule aligns the DFARS 
to the Federal Acquisition Regulation (FAR) ensuring that agencies 
submit past performance reports electronically per FAR 42.15 
eliminating the need for paper reports.
    No mitigation steps were taken, since the rule does not have a 
significant adverse economic impact on small entities.

IV. Paperwork Reduction Act

    This rule does not impose any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of subjects in 48 CFR Part 236

    Government procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR part 236 is amended as follows:


1. The authority citation for 48 CFR part 236 continues to read as 

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

236.102   [Amended]

2. Amend section 236.102 by--
(a) Removing paragraph designations (1) through (4);
(b) Redesignating paragraphs (i) and (ii) in the definitions of 
``Construction activity'' as paragraphs (1) and (2); and
(c) Removing the definition of ``A-E''.

236.201   [Removed]

3. Section 236.201 is removed.

236.602-70   [Amended]

4. Amend section 236.602-70 by removing ``A-E'' and adding in its place 

5. Revise section 236.604 to read as follows:

[[Page 58156]]

236.604   Performance evaluation.

    Prepare a separate performance evaluation after actual construction 
of the project. Ordinarily, the evaluating official should be the 
person most familiar with the architect-engineer contractor's 

236.606-70   Statutory fee limitation. [Amended]

6. Amend section 236.606-70(a) to remove ``A-E'' and add in its place 

236.609-70   [Amended]

7. Amend section 236.609-70 as follows--
(a) In paragraph (a)(1) introductory text remove ``A-E'' and add in its 
place ``architect-engineer''.
(b) In paragraph (a)(1)(ii) remove ``A-E'' and add in its place 
``architect-engineer contractor''.
(c) In paragraph (b) introductory text remove ``A-E'' and add in its 
place ``architect-engineer''.

[FR Doc. 2011-23952 Filed 9-19-11; 8:45 am]