57452 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

unauthorized way, could adversely 

affect the national interest, the conduct 

of Federal programs, or the privacy of 

individuals. Examples include 

information which if modified, 

destroyed or disclosed in an 

unauthorized manner could cause: loss 

of life; loss of property or funds by 

unlawful means; violation of personal 

privacy or civil rights; gaining of an 

unfair commercial advantage; loss of 

advanced technology, useful to 

competitor; or disclosure of proprietary 

information entrusted to the 

Government. 

* * * * * 

PART 7—ACQUISITION PLANNING 

■ 4. Amend section 7.103 by adding 

paragraph (u) to read as follows: 

7.103 Agency-head responsibilities. 

* * * * * 

(u) Ensuring that agency planners on 

information technology acquisitions 

comply with the information technology 

security requirements in the Federal 

Information Security Management Act 

(44 U.S.C. 3544), OMB’s implementing 

policies including Appendix III of OMB 

Circular A–130, and guidance and 

standards from the Department of 

Commerce’s National Institute of 

Standards and Technology. 

■ 5. Amend section 7.105 by adding a 

sentence to the end of paragraph (b)(17) 

to read as follows: 

7.105 Contents of written acquisition 

plans. 

* * * * * 

(b) * * * 

(17) * * * For Information Technology 

acquisitions, discuss how agency 

information security requirements will 

be met. 

* * * * * 

PART 11—DESCRIBING AGENCY 

NEEDS 

■ 6. Revise section 11.102 to read as 

follows: 

11.102 Standardization program. 

Agencies shall select existing 

requirements documents or develop 

new requirements documents that meet 

the needs of the agency in accordance 

with the guidance contained in the 

Federal Standardization Manual, 

FSPM–0001; for DoD components, DoD 

4120.24–M, Defense Standardization 

Program Policies and Procedures; and 

for IT standards and guidance, the 

Federal Information Processing 

Standards Publications (FIPS PUBS). 

The Federal Standardization Manual 

may be obtained from the General 

Services Administration (see address in 

11.201(d)(1)). DoD 4120.24–M may be 

obtained from DoD (see address in 

11.201(d)(2)). FIPS PUBS may be 

obtained from the Government Printing 

Office (GPO), or the Department of 

Commerce′s National Technical 

Information Service (NTIS) (see address 

in 11.201(d)(3)). 

■ 7. Amend section 11.201 by adding 

paragraph (d)(3) to read as follows: 

11.201 Identification and availability of 

specifications. 

* * * * * 

(d) * * * 

(3) The FIPS PUBS may be obtained 

from http://www.itl.nist.gov/fipspubs/, 

or purchased from the Superintendent 

of Documents, U.S. Government 

Printing Office, Washington, DC 20402, 

Telephone (202) 512–1800, Facsimile 

(202) 512–2250; or National Technical 

Information Service (NTIS), 5285 Port 

Royal Road, Springfield, VA 22161, 

Telephone (703) 605–6000, Facsimile 

(703) 605–6900, Email: orders@ntis.gov. 

* * * * * 

PART 39—ACQUISITION OF 

INFORMATION TECHNOLOGY 

■ 8. Amend section 39.101 by adding 

paragraph (d) to read as follows: 

39.101 Policy. 

* * * * * 

(d) In acquiring information 

technology, agencies shall include the 

appropriate information technology 

security policies and requirements. 

[FR Doc. 05–19468 Filed 9–29–05; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 8, 16, and 36 

[FAC 2005–06; FAR Case 2004–001; Item 

II] 

RIN 9000–AK15 

Federal Acquisition Regulation; 

Improvements in Contracting for 

Architect-Engineer Services 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have adopted as final, 

without change, an interim rule 

amending the Federal Acquisition 

Regulation (FAR) to implement Section 

1427(b) of the Services Acquisition 

Reform Act of 2003 (Title XIV of Public 

Law 108–136). This final rule 

emphasizes the requirement to place 

orders for architect-engineer services 

consistent with the FAR and reiterates 

that such orders shall not be placed 

under General Services Administration 

(GSA) multiple award schedule (MAS) 

contracts and Governmentwide task and 

delivery order contracts unless the 

contracts were awarded using the 

procedures as stated in the FAR. 

DATES: Effective Date: September 30, 

2005. 

FOR FURTHER INFORMATION CONTACT: The 

FAR Secretariat at (202) 501–4755 for 

information pertaining to status or 

publication schedules. For clarification 

of content, contact Ms. Cecelia Davis, 

Procurement Analyst, at (202) 219–

0202. Please cite FAC 2005–06, FAR 

case 2004–001. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule constitutes the 

implementation in the FAR of Section 

1427 of the Services Acquisition Reform 

Act of 2003 (Title XIV of Public Law 

108–136) to ensure that the 

requirements of the Brooks ArchitectEngineers Act (40 U.S.C. 1102 et seq.) 

are not circumvented through the 

placement of orders under GSA MAS 

contracts and Governmentwide task and 

delivery order contracts that were not 

awarded using FAR Subpart 36.6 

procedures. An order cannot be issued 

consistent with FAR Subpart 36.6, as 

currently required by FAR 16.500(d), 

unless the basic underlying contract was 

awarded using the Brooks ArchitectEngineers Act procedures. This final 

rule amends FAR parts 2, 8, 16, and 36 

to ensure appropriate procedures are 

followed when ordering architectengineer services. The interim rule was 

published in the Federal Register at 70 

FR 11737, March 9, 2005. The Councils 

received comments in response to the 

interim rule from seven (7) respondents. 

Summary of the Public Comments 

The comments were organized into 

three groups as follows: 

1. Clarification on the Brooks Act 

Citation (40 U.S.C. 1102). 

Comment: Two commenters indicated 

that they were unable to find any 

relation of 40 U.S.C. 1102 with 

Architect-Engineer Services and 

requested clarification. 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57453 

Response: The Councils clarify that 

the Brooks Act was recently re-codified 

by Congress and is now identified under 

40 U.S.C. 1101 et seq. and the definition 

of architect-engineer services is defined 

under 40 U.S.C. 1102. 

2. Support interim rule but it does not 

go far enough. Recommend changes in 

the definition. 

Comment: One commenter requested 

that in each place where the term 

‘‘architect-engineer’’ is used in the rule, 

it be replaced with the term 

‘‘architectural and engineering 

(including surveying and mapping) 

services.’’ Another commenter 

requested that all mapping and 

surveying be subjected to qualification 

based selection in conformance with the 

Brooks Act. 

Response: The Councils considered 

these recommendations to be beyond 

the scope of the rule. In addition, the 

Councils have already addressed the 

issue of the procurement of mapping 

services in FAR case 2004–023, 

published in the Federal Register at 70 

FR 20329, April 19, 2005. 

3. Address how GSA plans to prevent 

violation when Agencies use the GSA 

Multiple Award Schedule (MAS) 

program. 

Comment: Four commenters indicated 

that they have concerns with the proper 

use of the MAS program and asked that 

GSA indicate how it plans to eliminate 

the violations. 

Response: GSA has indicated to the 

Councils that it supports the use of the 

qualifications based selection (QBS) 

process for the procurement of A/E 

services for public projects as mandated 

by the Brooks Architect-Engineer Act of 

1972 (Public Law 92–582, 40 U.S.C. 

1102 et seq.), and it does not condone 

any violation of the Brooks Act. To 

ensure that the ordering agencies are 

fully aware of the statutory requirement, 

GSA has indicated that it has taken 

various steps to state that the GSA MAS 

Program may not be used to acquire 

services that are subject to the 

procedures of FAR Subpart 36.6. These 

steps include adding information to the 

online and classroom training, refining 

the scope of MAS contracts, adding a 

notice to GSA portal and MAS 

brochures, adding new FAQ’s on the 

website, and conducting a customer 

compliance survey. GSA also plans on 

conducting reviews of task orders for 

scope compliance and A/E services will 

be part of the reviews. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The Department of Defense, the 

General Services Administration, and 

the National Aeronautics and Space 

Administration certify 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 this 

rule only clarifies an already existing 

requirement that architectural and 

engineering services be procured using 

the procedures at FAR Subpart 36.6. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FAR do not impose 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 Parts 2, 8, 16, 

and 36 

Government procurement. 

Dated: September 22, 2005. 

Julia B. Wise, 

Director, Contract Policy Division. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR parts 2, 8, 16, and 36, 

which was published at 70 FR 11737, 

March 9, 2005, is adopted as a final rule 

without change. 

[FR Doc. 05–19469 Filed 9–29–05; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 4, 6, 7, 8, 12, 13, 22, 

28, 36, 37, 39, 41, 47, and 52 

[FAC 2005–06; FAR Case 2005–010; Item 

III] 

RIN 9000–AK27 

Federal Acquisition Regulation; Title 

40 of United States Code Reference 

Corrections 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed on a final rule 

amending the Federal Acquisition 

Regulation (FAR) to reflect the most 

recent codification of Title 40 of the 

United States Code. 

DATES: Effective Date: September 30, 

2005. 

FOR FURTHER INFORMATION CONTACT The 

FAR Secretariat at (202) 501–4755 for 

information pertaining to status or 

publication schedules. For clarification 

of content, contact Mr. Gerald Zaffos, 

Procurement Analyst, at (202) 208–

6091. Please cite FAC 2005–06, FAR 

case 2005–010. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Congress recently codified Title 40 of 

the United States Code. As a result, all 

sections of Title 40 were renumbered. 

This rule corrects the references to Title 

40 in the FAR. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant FAR 

revision within the meaning of FAR 

1.501 and Public Law 98–577, and 

publication for public comments is not 

required. However, the Councils will 

consider comments from small entities 

concerning the affected FAR Parts 2, 4, 

6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, 

and 52 in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (FAC 2005–06, FAR 

case 2005–010), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FAR do not impose 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 Parts 2, 4, 6, 

7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, 

and 52 

Government procurement.