[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Proposed Rules]
[Pages 6574-6575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2942]


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DEPARTMENT OF DEFENSE

48 CFR Part 252

[DFARS Case 99-D025]


Defense Federal Acquisition Regulation Supplement; Contract 
Drawings, Maps, and Specifications

AGENCY:  Department of Defense (DoD).

ACTION:  Proposed rule with request for comments.

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SUMMARY:  The Acting Director of Defense Procurement is proposing to

[[Page 6575]]

amend the Defense Federal Acquisition Regulation Supplement (DFARS) to 
revise a clause used in construction contracts. The revised clause 
would explicitly allow the Government to furnish drawings and 
specifications to construction contractors in electronic form and would 
require construction contractors to reproduce and print contract 
drawings and specifications as needed.

DATES:  Comments on the proposed rule should be submitted in writing to 
the address shown below on or before April 10, 2000, to be considered 
in the formation of the final rule.

ADDRESSES:  Interested parties should submit written comments on the 
proposed rule to: Defense Acquisition Regulations Council, Attn: Ms. 
Amy Williams, PDUSD (AT&L)DP(DAR), IMD 3D139, 3062 Defense Pentagon, 
Washington, DC 20301-3062. Telefax (703) 602-0350.
    E-mail comments submitted via the Internet should be addressed to: 
<a href="/cdn-cgi/l/email-protection#442022253637042527356a2b37206a292d28"><span class="__cf_email__" data-cfemail="a0c4c6c1d2d3e0c1c3d18ecfd3c48ecdc9cc">[email protected]</span></a>
    Please cite DFARS Case 99-D025 in all correspondence related to 
this proposed rule. E-mail correspondence should cite DFARS Case 99-
D025 in the subject line.

FOR FURTHER INFORMATION CONTACT:  Ms. Amy Williams, (703) 602-0288.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD uses the clause at DFARS 252.236-7001, Contract Drawings, Maps, 
and Specifications, in fixed-price construction contracts. The clause 
presently states that the Government will provide five sets (unless 
another quantity is specified) of large-scale drawings and 
specifications to the contractor without charge; or, at the 
Government's option, may furnish the contractor with one set of 
reproducibles, or half-size drawings. This rule proposes to revise the 
clause to specify that the Government will provide one set of large-
scale drawings and specifications to the contractor in electronic or 
paper media, as chosen by the contracting officer, and that the 
contractor will reproduce and print contract drawings and 
specifications as needed.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    The 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 
reproduction and printing of contract drawings and specifications 
normally does not constitute a significant cost, and the contractor can 
include this cost in the contract price. Therefore, DoD has not 
performed an initial regulatory flexibility analysis. DoD invites 
comments from small businesses and other interested parties. DoD also 
will consider comments from small entities concerning the affected 
DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 99-D025.

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 252

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR Part 252 as follows:

    1. The authority citation for 48 CFR Part 252 continues to read as 
follows:

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

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    2. Section 252.236-7001 is revised to read as follows:


252.236-7001  Contract Drawings, Maps, and Specifications.

    As prescribed in 236.570(a), use the following clause:

Contract Drawings, Maps, and Specifications (XXX 2000)

    (a) The Government--
    (1) Will provide to the Contractor, without charge, one set of 
large-scale contract drawings and specifications, except 
publications incorporated into the technical provisions by 
reference; and
    (2) Will provide the drawings and specifications in electronic 
or paper media, as chosen by the Contracting Officer.
    (b) The Contractor shall--
    (1) Check all drawings furnished immediately upon receipt;
    (2) Compare all drawings and verify the figures before laying 
out the work;
    (3) Promptly notify the Contracting Officer of any 
discrepancies;
    (4) Be responsible for any errors that might have been avoided 
by complying with this paragraph (b); and
    (5) Reproduce and print contract drawings and specifications as 
needed.
    (c) In general--
    (1) Large-scale drawings shall govern small-scale drawings; and
    (2) The Contractor shall follow figures marked on drawings in 
preference to scale measurements.
    (d) Omissions from the drawings or specifications or the 
misdescription of details of work that are manifestly necessary to 
carry out the intent of the drawings and specifications, or that are 
customarily performed, shall not relieve the Contractor from 
performing such omitted or misdescribed details of the work. The 
Contractor shall perform such details as if fully and correctly set 
forth and described in the drawings and specifications.
    (e) The work shall conform to the specifications and the 
contract drawings identified on the following index of drawings:

Title      
File      
Drawing No.
(End of clause)

[FR Doc. 00-2942 Filed 2-09-00; 8:45 am]
BILLING CODE 5000-04-M


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