Acquisition regulations: engineer procurements; selection criteria,

[Federal Register: August 17, 1999 (Volume 64, Number 158)]

[Proposed Rules]

[Page 44683]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17au99-21]

GENERAL SERVICES ADMINISTRATION

48 CFR Part 536

[GSAR Notice 5-421]

RIN 3090-AH07

General Services Administration Acquisition Regulation; Clarification on the Use of Selection Criteria for Architect-Engineer Procurements

AGENCY: Office of Acquisition Policy, GSA.

ACTION: Proposed rule.

SUMMARY: The General Services Administration proposes to amend the GSA Acquisition Regulation (GSAR) to provide additional guidance concerning the use of selection criteria for Architect-Engineer procurements.

DATES: Comments should be submitted in writing to address shown below on or before October 18, 1999.

ADDRESSES: Mail comments to General Services Administration, Office of Acquisition Policy, GSA Acquisition Policy Division (MVP), 1800 F Street, NW, Room 4027, Washington, DC 20405.

FOR FURTHER INFORMATION CONTACT: Cecelia L. Davis, GSA Acquisition Policy Division, (202) 219-0202.

SUPPLEMENTARY INFORMATION:

1. Background

   The GSAR is proposed to amended to supplement the language provided in the FAR on the use of selection criteria for Architect-Engineer procurements. This proposed rule would eliminate unnecessary restrictions to competition in GSA's use of geographic limitations in the evaluation process for Architect-Engineer procurements.

2. Executive Order 12866

   This regulatory action was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993, and is not a major rule under 5 U.S.C. 804.

3. Regulatory Flexibility Act

   This 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.

4. Paperwork Reduction Act

   The Paperwork Reduction Act does not apply because the proposed changes to the GSAR do not impose recordkeeping or information collection requirements, or otherwise collect information from offerors, contractors, or members of the public that require approval of the Office of Management and Budget under 44 U.S.C. 3501 et seq.

   List of Subjects in 48 CFR Part 536

   Government Procurement.

   Accordingly, 48 CFR part 536 is proposed to be amended as follows:

   1. The authority citation for 48 CFR Part 536 continues to read as follows:

      Authority: 40 U.S.C. 486(c).

      PART 536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

   2. Part 536 is proposed to be amended by adding Subpart 536.6 to read as follows:

      Subpart 536.6--Architect--Engineer Services

      536.602 Selection of firms for architect-engineer contracts.

      536.602-1 Selection criteria.

      (a) FAR 36.602-1 requires that agencies include ``location in the general geographical area of the project and knowledge of locality of the project'' as one of several selection criteria.

      (1) This evaluation factor shall not be used as a minimum qualification requirement for determining whether a firm is eligible to compete for a proposed project.

      (2) This factor shall not exceed 5 percent of the total weight of all evaluation criteria. In order to receive the maximum score for this factor, the architect-engineer firm(s) must demonstrate that at least 35 percent of the architect-engineer contract services (based on the total contract price) will be accomplished with the geographical boundaries established for the project.

      (3) Under an approved class deviation from FAR 36.602-1(a)(5), this factor does not apply to projects determined by the Chief Architect of GSA to be of national significance.

      (b) The public announcement (Commerce Business Daily notice) for a proposed project should identify the general geographical area of the project by either:

      (1) A radius in miles or other appropriate unit of measure; or,

      (2) The Standard Metropolitan Statistical Area, county(ies), state(s) surrounding the project, or other appropriate geographic boundaries.

      (c) Architect-engineer selections under the Design Excellence Program shall apply the geographical evaluation criteria in the second phase.

      (d) The public announcement (Commerce Business Daily notice) may require the architect-engineer of record to establish a significant production capability within the general geographical area of the project within 45 calendar days after contract award.

      Dated: July 28, 1999. Ida M. Ustad, Deputy Associate Administrator for Acquisition Policy.

      [FR Doc. 99-21319Filed8-16-99; 8:45 am]

      BILLING CODE 6820-61-M