[Federal Register: October 19, 2001 (Volume 66, Number 203)]
[Proposed Rules]               
[Page 53313-53328]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc01-47]                         


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Part III





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Parts 1, 36, and 53



Federal Acquisition Regulation; New Consolidated Form for Selection of 
Architect-Engineer Contractors; Proposed Rule


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 36, and 53

[FAR Case 2000-608]
RIN 9000-AJ15

 
Federal Acquisition Regulation; New Consolidated Form for 
Selection of Architect-Engineer Contractors

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to replace SF 254, Architect-
Engineer and Related Services Questionnaire, and SF 255, Architect-
Engineer and Related Services Questionnaire for Specific Projects, with 
SF 330, Architect-Engineer Qualifications. SF 330 reflects current 
architect-engineer practices in a streamlined and updated form, 
organized in data blocks that readily support automation.

DATES: Interested parties should submit comments in writing on or 
before December 18, 2001 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit written comments to: General Services Administration, 
FAR Secretariat (MVP), 1800 F Street, NW., Room 4035, ATTN: Laurie 
Duarte, Washington, DC 20405. Submit electronic comments via the 
Internet to: farcase.2000-608@gsa.gov
    Please submit comments only and cite FAR case 2000-608 in all 
correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC, 20405, at (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Cecelia L. Davis, Procurement Analyst, at (202) 
219-0202. Please cite FAR case 2000-608.

SUPPLEMENTARY INFORMATION:   

A. Background

    An interagency ad hoc committee developed SF 330. The ad hoc 
committee based the development of the form on Federal Facilities (FCC) 
Council Technical Report No. 130, ``[Joint Federal-industry] Survey on 
the Use of SFs 254 and 255 for Architect-Engineer Qualifications,'' 
1996 (The Federal Facilities Council is an arm of the Congressionally 
charted National Academy of Sciences.) The report states that Federal 
agencies and the architect-engineer industry strongly endorse 
maintaining a structured format for presenting architect-engineer 
qualifications. The report also concludes that the SFs 254 and 255 need 
improvement.
    Both Federal and industry architect-engineer practitioners believe 
that the forms need streamlining, as well as updating to facilitate 
electronic usage. Hence the SFs 254 and 255 have been consolidated into 
SF 330. The SF 330 reflects current architect-engineer practices in a 
streamlined and updated form organized in data blocks that readily 
support automation.
    The proposed rule replaces SFs 254 and 255 with SF 330 and makes 
related FAR revisions in 1.106, 36.603, 36.702, 53.236-2 and 53.301-
330. The proposed rule makes the following changes:
     Merges the SFs 254 and 255 into a single streamlined SF 
330.
     Expands essential information about qualifications and 
experience such as an organizational chart of all participating firms 
and key personnel.
     Reflects current architect-engineer disciplines, 
experience types and technology.
     Eliminates information of marginal value such as a list of 
all offices of a firm.
     Permits limited submission length thereby reducing costs 
for both the architect-engineer industry and the government.
     Facilitates electronic usage by organizing the form in 
data blocks.
    SF 330, Part II, Block 5.b. requests information based on the North 
American Industry Classification System (NAICS). Effective October 1, 
2000, the FAR was revised to convert size standards and other programs 
in the FAR that are currently based on the Standard Industrial 
Classification (SIC) code system to NAICS (65 FR 46055). The SF 330 has 
been revised to comply with the aforementioned, October 1, 2000, FAR 
revision.
    Pending public comment, this is not considered a significant 
regulatory action and, therefore, is 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 Councils do not expect this proposed rule 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 rule only replaces two standard forms, with one 
consolidated streamlined standard form. An Initial Regulatory 
Flexibility Analysis has, therefore, not been performed. We invite 
comments from small businesses and other interested parties. The 
Councils will consider comments from small entities concerning the 
affected FAR Parts 1, 36, and 53 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. (FAR case 2000-608), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 104-13) applies because the 
proposed rule contains information collection requirements. The 
proposed rule replaces the current SF 254, Architect-Engineer and 
Related Services, and the current SF 255, Architect-Engineer and 
Related Services Questionnaire for Specific Project, Questionnaire, 
with a new SF 330, Architect-Engineer Qualifications. The current SF 
254 approved information collection requirement states that it takes 1 
hour to complete; and the current SF 255 approved information 
collection requirement states that it takes 1.2 hours to complete. 
Experience has shown that these hours are substantially underestimated. 
The SF 330, Architect-Engineer Qualifications, has been developed by an 
interagency ad hoc committee, based on Federal Facilities (FCC) Council 
Technical Report No. 130, ``[Joint Federal-industry] Survey on the Use 
of SFs 254 and 255 for Architect-Engineer Qualifications,'' 1996. 
Accordingly, the FAR Secretariat has submitted a request for approval 
of a new information collection requirement concerning OMB control 
number 9000-00XX, New Consolidated Form for Selection of Architect-
Engineer Contractors, to the Office of Management and Budget under 44 
U.S.C. 3501, et seq.

Annual Reporting Burden

    Public reporting burden for this collection of information is 
estimated to average 29 hours (25 hours for Part 1 and 4 hours for Part 
2) per response, including the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and

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reviewing the collection of information. Because of the tailoring 
required by the form for each project submittal, there are virtually no 
savings in burden hours by repeat submittals.
    The annual reporting burden is estimated as follows:
    Respondents: 5000.
    Responses per respondent: 4.
    Total annual responses: 20,000.
    Preparation hours per response: 29.
    Total response burden hours: 580,000.

D. Request for Comments Regarding Paperwork Burden

    Submit comments, including suggestions for reducing this burden, 
not later than December 18, 2001 to: FAR Desk Officer, OMB, Room 10102, 
NEOB, Washington, DC 20503, and a copy to the General Services 
Administration, FAR Secretariat (MVP), 1800 F Street, NW., Room 4035, 
Washington, DC 20405.
    Public comments are particularly invited on: Whether this 
collection of information is necessary for the proper performance of 
functions of the FAR, and will have practical utility; whether our 
estimate of the public burden of this collection of information is 
accurate, and based on valid assumptions and methodology; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways in which we can minimize the burden of the 
collection of information on those who are to respond, through the use 
of appropriate technological collection techniques or other forms of 
information technology.
    Requester may obtain a copy of the justification from the General 
Services Administration, FAR Secretariat (MVP), Room 4035, Washington, 
DC 20405, telephone (202) 501-4755. Please cite OMB Control Number 
9000-00XX, FAR Case 2000-608 New Consolidated Form for Selection of 
Architect-Engineer Contractors, in all correspondence.

List of Subjects in 48 CFR Parts 1, 36, and 53

    Government procurement.

    Dated: October 11, 2001.
Al Matera,
Director, Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA propose to amend 48 CFR parts 1, 36, 
and 53 as set forth below:
    1. The authority citation for 48 CFR parts 1, 36, and 53 continues 
to read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106  [Amended]

    2. Amend Section 1.106 in the table following the introductory text 
by removing from the column ``FAR segment'' the entries ``SF 254'' and 
``SF 255'' and their corresponding OMB Control Numbers; and by adding, 
in sequential order, to the FAR segment column ``SF 330'' and the 
corresponding OMB Control Number ``9000-00XX''.

PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

    3. Amend Section 36.603 by--
    a. Revising paragraph (b) and the introductory text of paragraph 
(c);
    b. Removing from paragraph (d) introductory text ``shall'' and 
adding ``must'' in its place;
    c. Removing from paragraph (d)(1) ``SF 254'' and adding ``SF 330, 
Part II'' in its place; and
    d. Removing from paragraph (d)(2) ``SF's 254 and 255'' and 
inserting ``SF 330'' in its place.
    The revised text reads as follows:


36.603  Collecting data on and appraising firms' qualifications.

* * * * *
    (b) Qualifications data. To be considered for architect-engineer 
contracts, a firm must file with the appropriate office or board the 
Standard Form 330, ``Architect-Engineer Qualifications'', Part II, and 
when applicable, SF 330, Part I.
    (c) Data files and the classification of firms. Under the direction 
of the parent agency, offices or permanent evaluation boards must 
maintain an architect-engineer qualifications data file. These offices 
or boards must review the SF 330 filed, and must classify each firm 
with respect to--
* * * * *
    4. Amend Section 36.702 by revising paragraph (b) to read as 
follows:


36.702  Forms for use in contracting for architect-engineer services.

* * * * *
    (b) The SF 330, Architect-Engineer Qualifications, shall be used to 
evaluate firms before awarding a contract for architect-engineer 
services:
    (1) Use the SF 330, Part I--Contract-Specific Qualifications, to 
obtain information from an architect-engineer firm about its 
qualifications for a specific contract when the contract amount is 
expected to exceed the simplified acquisition threshold. Part 1 may be 
used when the contract amount is expected to be at or below the 
simplified acquisition threshold, if the contracting officer determines 
that its use is appropriate.
    (2) Use the SF 330, Part II--General Qualifications, to obtain 
information from an architect-engineer firm about its general 
professional qualifications.
* * * * *

PART 53--FORMS

    5. Amend Section 53.236-2 by revising the section heading and 
paragraph (b); and by removing paragraph (c) and redesignating 
paragraph (d) as (c). The revised text reads as follows:


53.236-2  Architect-engineer services (SFs 252, 330, and 1421).

* * * * *
    (b) SF 330 (xx/01), Architect-Engineer Qualifications. SF 330 is 
prescribed for use in obtaining information from architect-engineer 
firms regarding their professional qualifications, as specified in 
36.702(b)(1) and (2).
* * * * *


53.301-254 and 53.301-255  [Removed]

    5. Sections 53.301-254 and 53.301-255 are removed.


53.301-330  [Added]

    6. Section 53.301-330 is added as follows:


53.301-330  Architect-Engineer Qualifications.

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[FR Doc. 01-26203 Filed 10-18-01; 8:45 am]
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