1058 Federal Register / Vol. 62, No. 5 / Wednesday, January 8, 1997 / Rules and Regulations

contract directly for services up to the

simplified acquisition threshold per

project after written review by GSA.

Agencies contracting directly must

provide GSA with complete

documentation of the scope of work and

contract specifications at the time of

submission. Each project shall include

appropriate reviews by the regional

safety staff. If contracting for security

systems, agencies must submit the

design work for regional Federal

Protective Service Division review.

Agencies shall be responsible for

inspecting and certifying satisfactory

completion of the ordered work. All

work must conform to GSA fire and

safety standards. GSA at anytime has

the authority to make inspections and

require correction if the project is found

not in compliance with GSA reviews or

fire and safety standards. As-built

drawings must be submitted to GSA’s

buildings manager within 30 days of

completion of the work.

Dated: December 13, 1996.

David J. Barram,

Acting Administrator.

[FR Doc. 97–420 Filed 1–7–97; 8:45 am]

BILLING CODE 6820–23–M

DEPARTMENT OF DEFENSE

48 CFR Part 216

[DFARS Case 96–D327]

Defense Federal Acquisition

Regulation Supplement; MILCON—

Environmental Restoration

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense

Procurement is amending the Defense

Federal Acquisition Regulation

Supplement (DFARS) to add an

exception to the restriction on the use

of cost-plus-fixed-fee contracts for

military construction. The exception

applies to contracts for environmental

restoration at installations that are being

closed or realigned where payments are

made from a Base Realignment and

Closure Account.

EFFECTIVE DATE: January 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, PDUSD (A&T) DP

(DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telephone (703) 602–0131. Telefax

(703) 602–0350. Please cite DFARS Case

96–D327 in all correspondence related

to this case.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends DFARS

216.306 to implement Section 101 of the

Fiscal Year 1997 Military Construction

Appropriations Act (Public Law 104–

196). Section 101 continues to restrict

the use of cost-plus-fixed-fee contracts

for military construction, but provides

an exception for contracts for

environmental restoration at

installations that are being closed or

realigned where payments are made

from a Base Realignment and Closure

Account.

B. Regulatory Flexibility Act

This final rule does not constitute a

significant DFARS revision within the

meaning of FAR. 1.501 and Public Law

98–577 and publication for public

consent is not required. However,

comments from small entities

concerning the affected DFARS subpart

will be considered in accordance with 5

U.S.C. 610. Such comments should cite

DFARS Case 96–D327 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because this final rule does

not impose any new recordkeeping,

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

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 216

Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Part 216 is

amended as follows:

PART 216—TYPES OF CONTRACTS

1. The authority citation for 48 CFR

Part 216 continues to read as follows:

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

Chapter 1.

2. Section 216.306 is revised to read

as follows:

216.306 Cost-plus-fixed-fee contracts.

(c) Limitations.

(i) Except as provided in paragraph

(c)(ii) of this section, annual military

construction appropriations acts

prohibit the use of cost-plus fixed-fee

contracts that—

(A) Are funded by a military

construction appropriations act;

(B) Are estimated to exceed $25,000;

and

(C) Will be performed within the

United States, except Alaska.

(ii) The prohibition in paragraph (c)(i)

of this section does not apply—

(A) To contracts for environmental

restoration at an installation that is

being closed or realigned where

payments are made from a Base

Realignment and Closure Account; or

(B) To contracts specifically approved

in writing, setting forth the reasons

therefore, in accordance with the

following:

(1) The Secretaries of the military

departments are authorized to approve

such contracts that are for

environmental work only, provided the

environmental work is not classified as

construction, as defined by 10 U.S.C.

2801.

(2) The Secretary of Defense or

designee must approve such contracts

are not for environmental work only or

are for environmental work classified as

construction.

[FR Doc. 97–381 Filed 1–7–97; 8:45 am]

BILLING CODE 5000–04–M

48 CFR Part 239

[DFARS Case 96–D017]

Defense Federal Acquisition

Regulation Supplement; Information

Technology Management Reform Act

(ITMRA)

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comment.

SUMMARY: The Director of Defense

Procurement is amending the Defense

Federal Acquisition Regulation

Supplement (DFARS) to revise guidance

regarding the acquisition of information

technology, for conformance with recent

amendments to the Federal Acquisition

Regulation.

DATES: Effective date: January 8, 1997

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before March 10, 1997, to be

considered in the formulation of the

final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

Mr. Michael Mutty, PDUSD (A&T) DP

(DAR), IMD 3D139, 3062 Defense

Pentagon, Washington, DC 20301–3062.

Telefax (703) 602–0350. Please cite

DFARS Case 96–D017 in all

correspondence related to this case.

FOR FURTHER INFORMATION CONTACT:

Mr. Michael Mutty, telephone (703)

602–0131.