[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Rules and Regulations]
[Page 75000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27350]


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

DEPARTMENT OF DEFENSE

48 CFR Part 236

[DFARS Case 2003-D035]


Defense Federal Acquisition Regulation Supplement; Construction 
and Architect-Engineer Services

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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

SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update text pertaining to 
selection of firms for architect-engineer contracts. This rule is a 
result of a transformation initiative undertaken by DoD to dramatically 
change the purpose and content of the DFARS.

EFFECTIVE DATE: December 15, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, Defense 
Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0296; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D035.

SUPPLEMENTARY INFORMATION:

A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
http://www.acq.osd.mil/dp/dars/transf.htm.
    This final rule is a result of the DFARS Transformation initiative. 
The changes in this rule--
    <bullet> Revise DFARS 236.602-1 to remove procedures for 
establishment of evaluation criteria in the selection of firms for 
architect-engineer contracts. This text has been relocated to the new 
DFARS companion resource, Procedures, Guidance, and Information (PGI), 
available at http://www.acq.osd.mil/dpap/dars/pgi.
    <bullet> Remove unnecessary text on preselection boards and 
selection authorities at DFARS 236.602-2 and 236.602-4.
    <bullet> Amend DFARS 236.604 to reflect replacement of Standard 
Form 254, Architect--Engineer and Related Services Questionnaire, with 
Standard Form 330, Architect-Engineer Qualifications.
    DoD published a proposed rule at 69 FR 35568 on June 25, 2004. DoD 
received no comments on the proposed rule. Therefore, DoD has adopted 
the proposed rule as a final rule without change.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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 changes in the rule represent no substantive change to 
policy with regard to selection of firms for architect-engineer 
contracts.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 236

    Government procurement.

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

0
Therefore, 48 CFR Part 236 is amended as follows:
0
1. The authority citation for 48 CFR Part 236 continues to read as 
follows:

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

PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

0
2. Section 236.602-1 is revised to read as follows:


236.602-1  Selection criteria.

    (a) Establish the evaluation criteria before making the public 
announcement required by FAR 5.205(c) and include the criteria and 
their relative order of importance in the announcement. Follow the 
procedures at PGI 236.602-1(a).


236.602-2 and 236.602-4  [Removed]

0
3. Sections 236.602-2 and 236.602-4 are removed.
0
4. Section 236.604 is amended by revising paragraph (c)(ii) to read as 
follows:


236.604  Performance evaluation.

* * * * *
    (c) * * *
    (ii) File and use the DD Form 2631, Performance Evaluation 
(Architect-Engineer), in a manner similar to the SF 330, Architect-
Engineer Qualifications, Part II.
[FR Doc. 04-27350 Filed 12-14-04; 8:45 am]
BILLING CODE 5001-08-P