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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: March 2, 2000

FROM: Barry McVay, CPCM

SUBJECT: General Services Administration Acquisition Regulation (GSAR); Miscellaneous Revisions

SOURCE: Federal Register, March 2, 2000, Vol. 65, No. 42, page 11246

AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)

ACTION: Final Rule

SYNOPSIS: GSA is finalizing, with changes, the July 9, 1999, interim rule that reissued the GSAR. In addition, GSA is adding to the GSAR guidance on selection criteria for architect-engineer (A-E) contracts.

EDITOR'S NOTE: The GSAR is Chapter 5 of Title 48 of the Code of Federal Regulations (CFR).

EFFECTIVE DATE: March 10, 2000.

FOR FURTHER INFORMATION CONTACT: Gloria Sochon, GSA Acquisition Policy Division, 202-208-6726.

SUPPLEMENTAL INFORMATION: On July 9, 1999, GSA reissued the GSAR as an interim rule. The reissued GSAR uses plain language to improve clarity and understanding; reduces the amount of regulatory material; eliminates internal operating procedures that do not have a significant effect beyond GSA; eliminates guidance that duplicates the Federal Acquisition Regulation (FAR); and conforms with recent FAR changes. One commenter submitted comments on the interim rule, and various changes are being made to the final version of the reissued GSAR.

Among the more significant changes are:

In addition, GSA is finalizing the August 17, 1999, proposed rule on selection criteria for A-E contracts. The rule proposed to add GSAR Subpart 536.6, Architect-Engineer Services, which would consist of GSAR 536.602, Selection of Firms for Architect-Engineer Contracts, and its subsection GSAR 536.602-1, Selection Criteria, to eliminate unnecessary restrictions placed on competition by GSA's use of geographic limitations in the evaluation process for A-E procurements. No public comments were submitted on the proposed rule.

The final rule makes clarifying editorial changes and revises GSAR 536.602-1(d) to state that the Commerce Business Daily (CBD) notice "must provide the number of calendar days the architect-engineer of record has to establish a production capability within the general geographical area of the project. You may allow the architect-engineer of record up to 45 calendar days after contract award to establish this production capability." The proposed paragraph (d) would have stated that the CBD notice "may require the architect-engineer of record to establish a significant production facility within the general geographical area of the project within 45 days after contract award."

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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