80 FR 60833 - Federal Acquisition Regulation; Improvement in Design-Build Construction Process
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 80, Issue 195 (October 8, 2015)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 80, Issue 195 (October 8, 2015)
| Page Range | 60833-60834 | |
| FR Document | 2015-25613 |
[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)] [Proposed Rules] [Pages 60833-60834] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25613] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 36 [FAR Case 2015-018; Docket No. 2015-0018; Sequence No. 1] RIN 9000-AN10 Federal Acquisition Regulation; Improvement in Design-Build Construction Process AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 814 of the Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015 that requires the head of the contracting activity to approve any determinations to select more than five offerors to submit phase-two proposals for a two-phase design-build construction acquisition that is valued at greater than $4 million. DATES: Interested parties should submit written comments to the Regulatory Secretariat at one of the addresses shown below on or before December 7, 2015 to be considered in the formulation of a final rule. ADDRESSES: Submit comments in response to FAR Case 2015-018 by any of the following methods:Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ``FAR Case 2015-018.'' Select the link ``Comment Now'' that corresponds with FAR Case 2015-018. Follow the instructions provided at the ``Comment Now'' screen. Please include your name, company name (if any), and ``FAR Case 2015-018'' on your attached document. Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405. Instructions: Please submit comments only and cite FAR Case 2015- 018, in all correspondence related to this case. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement Analyst, at 202-501-1448, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAR case 2015-018. SUPPLEMENTARY INFORMATION: I. Background DoD, GSA, and NASA are proposing to amend the FAR to implement section 814 of the Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015. Section 814 is entitled Improvement in Defense Design-Build Construction Process. Section 814 requires the head of the contracting activity, delegable to a level no lower than the senior contracting official, to approve any determinations to select more than five offerors to submit phase-two proposals for a two-phase design build construction acquisition that is valued at greater than $4 million. II. Discussion and Analysis This proposed rule does not change the maximum number of offerors, currently five, that may be selected to submit phase-two proposals without a contracting officer determination. However, for acquisitions valued above [[Page 60834]] $4 million, the determination must now have a higher level of approval for the contracting officer to select more than five offerors. A potential offeror may be more inclined to invest their pre-award efforts on solicitations where they have an increased chance of award. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act This change 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. Nevertheless, an Initial Regulatory Flexibility Analysis (IRFA) has been prepared, and is summarized as follows: This rule implements section 814 of the Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015. Section 814 is entitled Improvement in Defense Design-Build Construction Process. Section 814 requires the head of the contracting activity, delegable to a level no lower than the senior contracting official, to approve any determinations to select more than five offerors to submit phase-two proposals for a two-phase design build construction acquisition that is valued at greater than $4 million. The number of design-build construction awards is not currently tracked by the Federal government's business systems. In Fiscal Year 2014, the Federal government awarded 3,666 construction awards to 2,239 unique small business vendors. It is unknown what percentage of these contracts involved design-build construction services. This rule does not impose new recordkeeping or reporting requirements. The new approval requirement for advancing more than five contractors to phase two of a two-phase design-build selection procedure only affects the internal procedures of the Government. For acquisitions valued over $4M, the head of the contracting activity (HCA) is required to now make a determination that it is in the best interest of the Government to select more than five offerors to proceed to phase two. Any burden caused by this rule is expected to be minimal and will not be any greater on small businesses than it is on large businesses. The rule does not duplicate, overlap, or conflict with any other Federal rules. No alternative approaches were considered. It is not anticipated that the proposed rule will have a significant economic impact on small entities. The Regulatory Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-018), in correspondence. V. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subject in 48 CFR Part 36 Government procurement. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA propose amending 48 CFR part 36 as set forth below: PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 0 1. The authority citation for 48 CFR part 36 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 0 2. Amend section 36.303-1 by revising paragraph (a)(4) to read as follows: 36.303-1 Phase One. (a) * * * (4) A statement of the maximum number of offerors that will be selected to submit phase-two proposals. The maximum number specified in the solicitation shall not exceed five unless the contracting officer determines, for that particular solicitation, that a number greater than five is in the Government's interest and is consistent with the purposes and objectives of the two-phase design-build selection procedures. The contracting officer shall document this determination in the contract file. For acquisitions greater than $4 million, the determination shall be approved by the head of the contracting activity, delegable to a level no lower than the senior contracting official within the contracting activity. * * * * * [FR Doc. 2015-25613 Filed 10-7-15; 8:45 am] BILLING CODE 6820-EP-P
![Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Proposed Rules 60833
PART 2—DEFINITIONS OF WORDS of the agency determines the supplies or ADDRESSES: Submit comments in
AND TERMS services are to be used to support a response to FAR Case 2015–018 by any
humanitarian or peacekeeping of the following methods:
■ 2. Amend section 2.101 in paragraph operation. (See 2.101.) • Regulations.gov: http://
(b)(2), by revising the definition www.regulations.gov. Submit comments
‘‘Simplified acquisition threshold’’ to PART 19—SMALL BUSINESS via the Federal eRulemaking portal by
read as follows: PROGRAMS searching for ‘‘FAR Case 2015–018.’’
2.101 Definitions. 19.203 [Amended]
Select the link ‘‘Comment Now’’ that
* * * * * corresponds with FAR Case 2015–018.
■ 6. Amended section 19.203 by Follow the instructions provided at the
(b) * * * removing from paragraph (b) ‘‘described
(2) * * * ‘‘Comment Now’’ screen. Please include
in paragraph (1)’’ and adding ‘‘described your name, company name (if any), and
Simplified acquisition threshold in paragraph (1)(i)’’ in its place.
means $150,000, except for— ‘‘FAR Case 2015–018’’ on your attached
(1) Acquisitions of supplies or 19.502–2 [Amended] document.
services that, as determined by the head ■ 7. Amended section 19.502–2 by • Mail: General Services
of the agency, are to be used to support removing from paragraph (a) ‘‘described Administration, Regulatory Secretariat
a contingency operation or to facilitate in paragraph (1) of the Simplified (MVCB), ATTN: Ms. Flowers, 1800 F
defense against or recovery from Acquisition Threshold’’ and adding Street NW., 2nd Floor, Washington, DC
nuclear, biological, chemical, or ‘‘described in paragraph (1)(i) of the 20405.
radiological attack (41 U.S.C. 1903), the simplified acquisition threshold’’ in its Instructions: Please submit comments
term means— place. only and cite FAR Case 2015–018, in all
(i) $300,000 for any contract to be correspondence related to this case.
[FR Doc. 2015–25614 Filed 10–7–15; 8:45 am]
awarded and performed, or purchase to Comments received generally will be
BILLING CODE 6820–EP–P posted without change to http://
be made, inside the United States; and
(ii) $1 million for any contract to be www.regulations.gov, including any
awarded and performed, or purchase to personal and/or business confidential
DEPARTMENT OF DEFENSE
be made, outside the United States. information provided. To confirm
(2) Acquisitions of supplies or GENERAL SERVICES receipt of your comment(s), please
services that, as determined by the head ADMINISTRATION check www.regulations.gov,
of the agency, are to be used to support approximately two to three days after
a humanitarian or peacekeeping NATIONAL AERONAUTICS AND submission to verify posting (except
operation (41 U.S.C. 153 and 10 U.S.C. SPACE ADMINISTRATION allow 30 days for posting of comments
2302), the term means $300,000 for any submitted by mail).
contract to be awarded and performed, 48 CFR Part 36 FOR FURTHER INFORMATION CONTACT: Mr.
or purchase to be made, outside the Curtis E. Glover, Sr., Procurement
United States. [FAR Case 2015–018; Docket No. 2015– Analyst, at 202–501–1448, for
* * * * * 0018; Sequence No. 1] clarification of content. For information
RIN 9000–AN10 pertaining to status or publication
PART 4—ADMINISTRATIVE MATTERS schedules, contact the Regulatory
4.1102 [Amended] Federal Acquisition Regulation; Secretariat at 202–501–4755. Please cite
Improvement in Design-Build FAR case 2015–018.
■ 3. Amended section 4.1102 by
Construction Process SUPPLEMENTARY INFORMATION:
removing from paragraph (a)(3)(i) ‘‘10
U.S.C. 2302(7)’’ and adding ‘‘10 U.S.C. AGENCIES: Department of Defense (DoD), I. Background
2302(8)’’ in its place. General Services Administration (GSA), DoD, GSA, and NASA are proposing
and National Aeronautics and Space to amend the FAR to implement section
PART 13—SIMPLIFIED ACQUISITION
Administration (NASA). 814 of the Carl Levin and Howard P.
PROCEDURES
ACTION: Proposed rule. ‘Buck’ McKeon National Defense
13.003 [Amended] Authorization Act for Fiscal Year 2015.
■ 4. Amended section 13.003 by SUMMARY: DoD, GSA, and NASA are Section 814 is entitled Improvement in
removing from paragraph (b)(1) proposing to amend the Federal Defense Design-Build Construction
‘‘described in paragraph (1)’’ and adding Acquisition Regulation (FAR) to Process. Section 814 requires the head
‘‘described in paragraph (1)(i)’’ in its implement section 814 of the Carl Levin of the contracting activity, delegable to
place. and Howard P. ‘Buck’ McKeon National a level no lower than the senior
Defense Authorization Act for Fiscal contracting official, to approve any
PART 18—EMERGENCY Year 2015 that requires the head of the determinations to select more than five
ACQUISITIONS contracting activity to approve any offerors to submit phase-two proposals
determinations to select more than five for a two-phase design build
■ 5. Amend subpart 18.2 by offerors to submit phase-two proposals
redesignating section 18.204 as section construction acquisition that is valued
for a two-phase design-build at greater than $4 million.
18.205; and adding a new section 18.204 construction acquisition that is valued
Lhorne on DSK5TPTVN1PROD with PROPOSALS
to read as follows: at greater than $4 million. II. Discussion and Analysis
18.204 Humanitarian or peacekeeping DATES: Interested parties should submit This proposed rule does not change
operation. written comments to the Regulatory the maximum number of offerors,
(a) A humanitarian or peacekeeping Secretariat at one of the addresses currently five, that may be selected to
operation is defined in 2.101. shown below on or before December 7, submit phase-two proposals without a
(b) Simplified acquisition threshold. 2015 to be considered in the contracting officer determination.
The threshold increases when the head formulation of a final rule. However, for acquisitions valued above
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![60834 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Proposed Rules
$4 million, the determination must now offerors to proceed to phase two. Any burden Government’s interest and is consistent
have a higher level of approval for the caused by this rule is expected to be minimal with the purposes and objectives of the
contracting officer to select more than and will not be any greater on small two-phase design-build selection
businesses than it is on large businesses.
five offerors. A potential offeror may be procedures. The contracting officer shall
The rule does not duplicate, overlap, or
more inclined to invest their pre-award conflict with any other Federal rules. No document this determination in the
efforts on solicitations where they have alternative approaches were considered. It is contract file. For acquisitions greater
an increased chance of award. not anticipated that the proposed rule will than $4 million, the determination shall
have a significant economic impact on small be approved by the head of the
III. Executive Orders 12866 and 13563 entities. contracting activity, delegable to a level
Executive Orders (E.O.s) 12866 and The Regulatory Secretariat has no lower than the senior contracting
13563 direct agencies to assess all costs submitted a copy of the IRFA to the official within the contracting activity.
and benefits of available regulatory Chief Counsel for Advocacy of the Small * * * * *
alternatives and, if regulation is Business Administration. A copy of the [FR Doc. 2015–25613 Filed 10–7–15; 8:45 am]
necessary, to select regulatory IRFA may be obtained from the BILLING CODE 6820–EP–P
approaches that maximize net benefits Regulatory Secretariat. DoD, GSA, and
(including potential economic, NASA invite comments from small
environmental, public health and safety business concerns and other interested DEPARTMENT OF THE INTERIOR
effects, distributive impacts, and parties on the expected impact of this
equity). E.O. 13563 emphasizes the rule on small entities. Fish and Wildlife Service
importance of quantifying both costs DoD, GSA, and NASA will also
and benefits, of reducing costs, of consider comments from small entities 50 CFR Part 17
harmonizing rules, and of promoting concerning the existing regulations in
flexibility. This is not a significant [Docket No. FWS–HQ–ES–2015–0143;
subparts affected by the rule in 4500030113]
regulatory action and, therefore, was not accordance with 5 U.S.C. 610. Interested
subject to review under section 6(b) of parties must submit such comments Endangered and Threatened Wildlife
E.O. 12866, Regulatory Planning and separately and should cite 5 U.S.C. 610 and Plants; 12-Month Findings on
Review, dated September 30, 1993. This (FAR Case 2015–018), in Petitions To List 19 Species as
rule is not a major rule under 5 U.S.C. correspondence. Endangered or Threatened Species
804.
V. Paperwork Reduction Act AGENCY: Fish and Wildlife Service,
IV. Regulatory Flexibility Act
The rule does not contain any Interior.
This change is not expected to have information collection requirements that ACTION: Notice of 12-month petition
a significant economic impact on a require the approval of the Office of findings.
substantial number of small entities Management and Budget under the
within the meaning of the Regulatory Paperwork Reduction Act (44 U.S.C. SUMMARY: We, the U.S. Fish and
Flexibility Act, 5 U.S.C. 601, et seq. chapter 35). Wildlife Service (Service, FWS, or
Nevertheless, an Initial Regulatory USFWS), announce 12-month findings
Flexibility Analysis (IRFA) has been List of Subject in 48 CFR Part 36 on petitions to list 19 species as
prepared, and is summarized as follows: Government procurement. endangered species or threatened
This rule implements section 814 of the species under the Endangered Species
William Clark, Act of 1973, as amended (Act). After
Carl Levin and Howard P. ‘Buck’ McKeon
National Defense Authorization Act for Fiscal Director, Office of Government-wide review of the best available scientific
Year 2015. Section 814 is entitled Acquisition Policy, Office of Acquisition and commercial information, we find
Improvement in Defense Design-Build Policy, Office of Government-wide Policy.
that listing the American eel,
Construction Process. Section 814 requires Therefore, DoD, GSA, and NASA Cumberland arrow darter, the Great
the head of the contracting activity, delegable propose amending 48 CFR part 36 as set
to a level no lower than the senior Basin distinct population segment (DPS)
contracting official, to approve any
forth below: of the Columbia spotted frog, Goose
determinations to select more than five Creek milkvetch, Nevares spring bug,
offerors to submit phase-two proposals for a PART 36—CONSTRUCTION AND Page springsnail, Ramshaw meadows
two-phase design build construction ARCHITECT-ENGINEER CONTRACTS sand-verbena, Sequatchie caddisfly,
acquisition that is valued at greater than $4 Shawnee darter, Siskiyou mariposa lily,
million. ■ 1. The authority citation for 48 CFR
part 36 continues to read as follows: Sleeping ute milkvetch, Southern Idaho
The number of design-build construction
awards is not currently tracked by the
ground squirrel, Tahoe yellow cress,
Authority: 40 U.S.C. 121(c); 10 U.S.C. and six Tennessee cave beetles (Baker
Federal government’s business systems. In chapter 137; and 51 U.S.C. 20113.
Fiscal Year 2014, the Federal government Station, Coleman, Fowler’s, Indian
awarded 3,666 construction awards to 2,239 ■ 2. Amend section 36.303–1 by Grave Point, inquirer, and Noblett’s cave
unique small business vendors. It is revising paragraph (a)(4) to read as beetles) is not warranted at this time.
unknown what percentage of these contracts follows: However, we ask the public to submit to
involved design-build construction services. us any new information that becomes
This rule does not impose new 36.303–1 Phase One.
available concerning the threats to any
recordkeeping or reporting requirements. The (a) * * * of the 19 species listed above or their
Lhorne on DSK5TPTVN1PROD with PROPOSALS
new approval requirement for advancing (4) A statement of the maximum
more than five contractors to phase two of a habitat at any time.
number of offerors that will be selected
two-phase design-build selection procedure to submit phase-two proposals. The DATES: The findings announced in this
only affects the internal procedures of the document were made on October 8,
Government. For acquisitions valued over
maximum number specified in the
solicitation shall not exceed five unless 2015.
$4M, the head of the contracting activity
(HCA) is required to now make a the contracting officer determines, for ADDRESSES: These findings are available
determination that it is in the best interest of that particular solicitation, that a on the Internet at http://
the Government to select more than five number greater than five is in the www.regulations.gov at Docket Number
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Document Created: 2015-12-15 08:42:53
Document Modified: 2015-12-15 08:42:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Interested parties should submit written comments to the | |
| Contact | Mr. Curtis E. Glover, Sr., Procurement Analyst, at 202-501-1448, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAR case 2015-018. | |
| FR Citation | 80 FR 60833 | |
| RIN Number | 9000-AN10 |
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