Value Engineering |
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Topics: Federal Highway Administration
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Victor M. Mendez
Federal Register
June 22, 2011
[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36410-36414]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15540]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
23 CFR Parts 627
[FHWA Docket No. FHWA-2011-0046]
RIN 2125-AF40
Value Engineering
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of proposed rulemaking (NPRM); request for comments.
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SUMMARY: This notice proposes updated regulations to enhance the
integration of value engineering (VE) analysis in the planning and
development of highway improvement projects. The intent of these
actions is to bring the FHWA's VE regulations up-to-date and consistent
with prior changes in legislation and regulations.
DATES: Comments must be received on or before August 22, 2011. Late
comments will be considered to the extent practicable.
ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, or submit electronically at
http://www.regulations.gov or fax comments to (202) 493-2251. All
comments should include the docket number that appears in the heading
of this document. All comments received will be available for
examination and copying at the above address from 9 a.m. to 5 p.m.,
E.T., Monday through Friday, except Federal holidays. Those desiring
notification or receipt of comments must include a self-addressed,
stamped postcard or you may print the acknowledgment page that appears
after submitting comments electronically. You may review DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (Volume 65, Number 70, Page 19477-78), or you may visit http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Jon Obenberger, Preconstruction
Team Leader, Office of Program Administration, (202) 366-2221, or Mr.
Michael Harkins, Office of the Chief Counsel, (202) 366-4928, Federal
Highway Administration, 1200 New Jersey Avenue, SE., Washington, DC
20590. Office hours are from 8 a.m. to 4:30 p.m., E.T., Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document and all comments received may be viewed online
through the Federal eRulemaking portal at: http:www.regulations.gov.
Regulations.gov is available 24 hours each day, 365 days each year.
Electronic submission and retrieval help and guidelines are available
under the help section of the Web site.
An electronic copy of this document may also be downloaded from the
Office of the Federal Register's home page at: http://www.gpoaccess.gov.
Background
This rulemaking proposes to modify existing regulations to make it
consistent with several changes in applicable laws and regulations.
These revisions will ensure compatibility with 23 U.S.C. 106 and the
Office of Management and Budget (OMB) Circular A-131 on Value
Engineering. These revisions will also address certain findings
contained in a 2007 Office of Inspector General (OIG) report on value
engineering in the Federal-Aid Highway Program (FAHP) http://www.oig.dot.gov/sites/dot/files/pdfdocs/mh2007040.pdf) in which the OIG
recommended that the FHWA make certain changes to the VE policy. This
rulemaking would not change the reporting structure now in place,
revise the threshold of projects for which a value engineering analysis
is required, or otherwise impose any new burdens on States.
The regulation is also being revised to enhance the consistency
with the VE analyses that are conducted and to enhance FHWA's
stewardship and oversight of these regulations. These revisions will
advance the integration of VE analysis into the planning and
development of Federal-aid projects. These revisions will facilitate
enhancements to the VE analyses agencies conduct and will foster the
use of innovative technologies and methods while eliminating
unnecessary and costly design elements, thereby improving the projects'
performance, value, and quality, and reducing the time to develop and
deliver projects. The proposed revisions are discussed in the section
analysis below.
The VE analyses on Federal-Aid highway projects was first
established by Congress in the Federal-Aid Highway Act of 1970. The OMB
Circular A-131 on Value Engineering which was issued in May 1993
(http://www.whitehouse/gov/omb/circulars_a131) requires all Federal
agencies to establish and maintain a VE program to improve the quality
of their programs and acquisition functions. To advance these VE
programs, Federal agencies are required to develop and maintain
policies and procedures to ensure a VE analysis is conducted on
appropriate projects and report annually on the results and
accomplishments of the analyses conducted and the program's
accomplishments.
In late 1995, Congress passed the National Highway System
Designation Act which directed the Secretary to establish a program
that required States to carry out a VE analysis for all Federal-aid
highway projects on the National Highway System with an estimated total
cost of $25 million or more. On February 14, 1997, the FHWA published
its VE regulations in 23 CFR 627 formally establishing the FHWA VE
program along with the requirement that State Transportation Agencies
(STAs) create and sustain a VE program.
[[Page 36411]]
Section 1904 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), required
that a VE analysis be conducted for bridge projects with an estimated
total cost of $20 million or more and any other projects designated by
the Secretary of Transportation.
The FHWA annually collects and reports on VE accomplishments
achieved within the Federal-aid and Federal Lands Highway Programs. For
VE studies conducted during the planning and development phases of
projects, the FHWA tracks the number of studies conducted; the number
of proposed and implemented recommendations; the value of the
implemented recommendations; information regarding the STA's VE program
(e.g., policies, procedures, training conducted); and FHWA's
stewardship and oversight of the VE program. Conducting VE analyses
continues to be an effective tool in improving the quality and cost
effectiveness of the FAHP projects. In FY 2009 STAs performed VE
analyses on 426 Federal-aid highway projects and approved and
implemented a total of 1,444 VE recommendations, resulting in a
construction cost savings of $1.693 billion. In addition, a savings of
$44.83 million was realized as the result of approved construction VE
change proposals (VECP) that were submitted by contractors and accepted
by STAs. Additional information on STA, local authority, and FHWA VE
programs and practices is available at: http://www.fhwa.dot.gov/ve.
Section-by-Section Discussion of the Proposals
The FHWA is proposing to revise the regulation at 23 CFR part 627--
Value Engineering as follows:
Section 627.1--Purpose and Applicability
Section 627.1 would be amended to clarify the relationship between
a VE program, the need to establish VE policies and procedures, when a
VE analysis is required on applicable projects, and the need to
incorporate the approved recommendations into the project's plans.
These amendments would also clarify the need for VE programs to
establish the policies, procedures, and functions to monitor, assess,
and report on the VE program, VE analyses conducted, and VECPs
accepted.
Section 627.3--Definitions
Section 627.3 would be amended to clarify and consistently
reference the requirements associated with conducting a VE analysis
versus a VE study. A definition will also be added to describe what a
VE job plan is and how it may be used to document the VE analysis
process and results of the activities that were conducted. A definition
will be added to describe what a VECP is and how it may be used as a
clause in a construction project's specifications and contract.
Section 627.5--Applicable Projects
The title of sec. 627.5 would be changed from General Principles
and Procedures to Applicable Projects to clarify when a VE analysis is
required by FHWA. Section 627.5(b) would be amended to clarify when a
VE analysis shall be conducted on projects that utilize FAHP funding so
that it is consistent with the statutory changes contained in sec. 1904
of SAFETEA-LU. Section 627.5(c) and (d) would clarify the requirements
associated with conducting the VE analysis and then splitting the
project into multiple construction contracts in final design.
Section 627.7--VE Programs
A new section, sec. 627.7, would clarify the responsibilities and
expectations associated with the existing requirement that STAs develop
and sustain a VE program, and identify a VE program coordinator
responsible for leading this program. Section 627.7(b) would clarify
the responsibilities of STAs and local authorities to ensure that the
required VE analysis is conducted on all of the required projects
within their State.
Section 627.9--Conducting a VE Analysis
A new section, sec. 627.9, would clarify the responsibilities
associated with conducting a VE analysis. These revisions would clarify
the required analysis to be conducted, when the analysis should be
conducted, identifying and selecting recommendations, implementing the
approved recommendations, evaluating or validating the influence of the
implemented recommendations, and encouraging the use of VECPs in the
construction phase of projects.
Rulemaking Analyses and Notices
Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures
The FHWA has determined that this proposed rule would not be a
significant regulatory action within the meaning of Executive Order
12866 and would not be significant within the meaning of the U.S.
Department of Transportation regulatory policies and procedures.
The proposed amendments revise requirements for conducting VE
analyses. It is anticipated that the economic impact of this rulemaking
would be minimal; therefore, a full regulatory evaluation is not
required.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (RFA) (Pub. L.
96-354, 5 U.S.C. 60l-612), the FHWA has evaluated the effects of this
proposed rule on small entities and anticipates that this action would
not have a significant economic impact on a substantial number of small
entities. The proposed amendment addresses VE studies performed by STAs
on certain projects using Federal-aid highway funds. As such, it
affects only States, and States are not included in the definition of
small entity set forth in 5 U.S.C. 601. Therefore, the RFA does not
apply, and the FHWA certifies that the proposed action would not have a
significant economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This NPRM would not impose unfunded mandates as defined by the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, March 22, 1995,
109 Stat. 48). The actions proposed in this NPRM would not result in
the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector, of $140.8 million or more in any
one year (2 U.S.C. 1532). Further, in compliance with the Unfunded
Mandates Reform Act of 1995, FHWA will evaluate any regulatory action
that might be proposed in subsequent stages of the proceeding to assess
the affects on State, local, and Tribal governments and the private
sector. Additionally, the definition of ``Federal Mandate'' in the
Unfunded Mandates Reform Act excludes financial assistance of the type
in which State, local, or Tribal governments have authority to adjust
their participation in the program in accordance with changes made in
the program by the Federal Government. The Federal-aid highway program
permits this type of flexibility.
Executive Order 13132 (Federalism Assessment)
This proposed action has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132, dated
August 4, 1999, and it has been determined that this proposed action
does not have a substantial direct effect or sufficient federalism
implications on States that would limit the policymaking discretion of
the States. Nothing in this proposed
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rule directly preempts any State law or regulation or affects the
States' ability to discharge traditional State governmental functions.
Executive Order 12372 (Intergovernmental Review)
Catalog of Federal Domestic Assistance Program Number 20.205,
Highway Planning and Construction. The regulations implementing
Executive Order 12372 regarding intergovernmental consultation on
Federal programs and activities apply to this program.
Paperwork Reduction Act
FHWA invites public comment about our intention to request the OMB
approval for a new information collection, which is summarized in
Background section of this document. We are required to publish this
notice in the Federal Register by the Paperwork Reduction Act of 1995
(44 U.S.C. 3501, et seq.).
Collection Title: Value Engineering Analyses on Federal-aid Highway
Projects.
Type of Request: New information collection requirement.
Respondents: 50 States, the District of Columbia, and Puerto Rico.
Frequency: One collection every year.
Estimated Average Burden per Response: It will take approximately
30 minutes to compile the results of each VE analysis that is
conducted. It will also take approximately 3 hours to compile the
results of all of the VE analyses that are conducted annually in each
State DOT, the District of Columbia, and Puerto Rico and to submit
these results to FHWA. Nationwide on average there are approximately
400 VE analyses that are conducted annually.
Estimated Total Annual Burden Hours: Approximately 356 hours per
year.
When submitting comments for this proposed information collection,
use the FHWA Docket ID Number FHWA-2011-0046. You may use by any of the
following methods:
Web Site: For access to the document to read background documents
or comments received go to the Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
Fax: 1-202-493-2251.
Mail: Document Management Facility, U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
Hand Delivery or Courier: U.S. Department of Transportation, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
National Environmental Policy Act
The FHWA has analyzed this proposed action for the purpose of the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and
anticipates that this action would not have any effect on the quality
of the human and natural environment, because this rule would merely
establish the requirements that apply to VE analyses whenever an
applicable Federal-aid highway project is to be constructed.
Executive Order 13175 (Tribal Consultation)
The FHWA has analyzed this proposed action under Executive Order
13175, dated November 6, 2000, and believes that this proposed action
would not have substantial direct effects on one or more Indian Tribes;
would not impose substantial direct compliance costs on Indian Tribal
governments; and would not preempt Tribal law. This proposed rulemaking
merely establish the requirements that apply to VE analyses whenever an
applicable Federal-aid highway project is to be constructed and would
not impose any direct compliance requirements on Indian Tribal
governments, nor would it have any economic or other impacts on the
viability of Indian Tribes. Therefore, a Tribal summary impact
statement is not required.
Executive Order 13211 (Energy Effects)
The FHWA has analyzed this proposed action under Executive Order
13211, Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution or Use. We have determined that this proposed
action would not be a significant energy action under that order
because any action contemplated would not be likely to have a
significant adverse effect on the supply, distribution, or use of
energy. Therefore, the FHWA certifies that a Statement of Energy
Effects under Executive Order 13211 is not required.
Executive Order 12630 (Taking of Private Property)
The FHWA has analyzed this proposed rule under Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights. The FHWA does not anticipate that this
proposed action would affect a taking of private property or otherwise
have taking implications under Executive Order 12630.
Executive Order 12988 (Civil Justice Reform)
This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity and reduce burden.
Executive Order 13045 (Protection of Children)
The FHWA has analyzed this proposed action under Executive Order
13045, Protection of Children from Environmental Health Risks and
Safety Risks. The FHWA certifies that this proposed action would not
cause an environmental risk to health or safety that may
disproportionately affect children.
Regulation Identification Number
A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN number contained in the
heading of this document can be used to cross-reference this action
with the Unified Agenda.
List of Subjects in 23 CFR Part 627
Grant programs-transportation, Highways and roads.
Issued on: June 13, 2011.
Victor M. Mendez,
Administrator.
In consideration of the foregoing, the FHWA proposes to revise 23
CFR part 627 as follows:
PART 627--VALUE ENGINEERING
Sec.
627.1 Purpose and Applicability.
627.3 Definitions.
627.5 Applicable Projects.
627.7 VE Programs.
627.9 Conducting a VE Analysis.
Authority: 23 U.S.C. 106(e), 106(g), 106(h), 112(a) and (b),
302, 315; and 49 CFR part 18.
Sec. 627.1 Purpose and Applicability.
(a) The purpose of this subpart is to prescribe the programs,
policies and procedures for the integration of value engineering (VE)
into the planning and development of all applicable Federal-aid highway
projects.
(b) Each State transportation agency (STA) shall establish and
sustain a VE program. This program must establish the policies and
procedures identifying when a VE analysis is required on all applicable
projects. These policies and procedures should also identify when a VE
analysis is encouraged on all other
[[Page 36413]]
projects where there is a high potential to realize the benefits of a
VE analysis.
(c) STAs and local authorities shall establish the policies,
procedures, functions, and capacity to monitor, assess, and report on
the performance of the VE program, along with the VE analyses that are
conducted and Value Engineering Change Proposals (VECP) that are
accepted.
Sec. 627.3 Definitions.
(a) Project. A portion of a highway that a STA or public authority
proposes to construct, reconstruct, or improve as described in the
preliminary design report or applicable environmental document. A
project may consist of several contracts, or phases of a project or
contract, which are implemented over several years.
(b) VE analysis. The systematic process of reviewing and assessing
a project by a multidisciplinary team not directly involved in the
planning and development phases of a specific project that is conducted
to provide recommendations for:
(1) Providing the needed functions, including any community and
environmental commitments, safely, reliably, efficiently, and at the
lowest overall life-cycle cost (as defined in 23 U.S.C. 106(f)(2));
(2) Improving the value and quality of the project; and
(3) Reducing the time to develop and deliver the project.
(c) VE Job Plan. A systematic and structured plan of action for
conducting and documenting a VE analysis and ensuring the
implementation of the recommendations. The job plan must consist of and
document:
(1) Gathering of information;
(2) Analyzing functions, worth, cost, performance, and quality;
(3) Speculating using creative techniques to identify alternatives
that can provide the required functions;
(4) Evaluating the lowest life-cycle cost alternatives;
(5) Developing alternatives into fully supported recommendations;
(6) Documenting VE recommendations for review, approval, and
implementation;
(7) Implementing recommendations; and
(8) Evaluating the implemented recommendations.
(d) Value Engineering Change Proposal (VECP). A construction
contract provision by which the contractor proposes changes in the
project's plans, designs, specifications, or contract documents. These
proposed changes may improve the project's performance, value and/or
quality, lower construction costs, or shorten the delivery time, while
having no adverse impact on the project's overall life-cycle cost.
Sec. 627.5 Applicable Projects.
(a) STA's and local authorities shall conduct a VE analysis on each
applicable project that utilizes Federal-aid highway funding and
incorporate all approved recommendations into the project's plans,
specifications and estimates.
(b) Applicable projects shall include the following:
(1) Each project located on the National Highway System (NHS) (as
specified in 23 U.S.C. 103(a)) with an estimated total project cost of
$25 million or more that utilizes Federal-aid highway funding;
(2) Each bridge project located on or off of the NHS with an
estimated total project cost of $20 million or more that utilizes
Federal-aid highway funding;
(3) Any Major Project (as defined in 23 U.S.C. 106(h)), both on or
off of the NHS, that utilizes Federal-aid highway funding in any
contract or phase comprising the Major Project;
(4) Any project identified in paragraphs (1), (2) or (3) of this
subsection where:
(A) A three-year delay or longer occurs from when the final plans
for a project are completed and the project advances to a letting for
construction and the FHWA determines a substantial change has occurred
to the project's scope or design; or
(B) A change is made to a project's scope or design after the final
plans for the project were completed and it advances to a letting for
construction, increasing the total project cost above the thresholds
for conducting a VE analysis; or
(5) Any other Federal-aid project the FHWA determines to be
appropriate.
(c) An additional VE analysis is not required if, after conducting
the VE analysis required under this part for any project meeting the
criteria of subsection (b), the project is subsequently split into
smaller projects in the final design phase or if the project is
programmed to be completed by the letting of multiple construction
projects. However, the STAs may not avoid the requirement to conduct a
VE analysis on an applicable project by splitting the project into
smaller projects, or multiple construction projects, solely for the
purpose of not conducting a VE analysis.
(d) FHWA may require more than one VE analysis to be conducted in
the planning and development of Major Projects. The STA's VE program's
policies and procedures shall identify when any additional VE analyses
should be considered or conducted in the planning and development of
Major Projects.
Sec. 627.7 VE programs.
(a) The STA must establish and sustain a VE program under which VE
studies are conducted for all applicable projects.
(b) STA VE programs. The STA's VE program must:
(1) Establish and document VE program policies and procedures that
ensure the required VE analysis is conducted on all applicable
projects;
(2) Ensure the VE analysis is conducted prior to initiating the
final design of a project and the approved recommendations to be
implemented in the project are documented in a final VE report for each
project;
(3) Monitor, assess, and disseminate an annual report to the FHWA
consisting of a summary of all of the approved and implemented
recommendations for all applicable projects requiring a VE analysis,
the accepted VECPs, and VE program functions and activities;
(4) Establish and document policies, procedures, and contract
provisions that identify if and when VECP's are allowed; the analysis,
documentation, basis, and process for evaluating and accepting a VECP;
and determine how the net savings of each VECP may be shared between
the agency and contractor;
(5) Establish and document policies, procedures, and controls to
ensure a VE analysis is conducted for applicable projects administered
by local authorities and the results of these analyses are included in
the VE program monitoring and reporting; and
(6) Provide for the review of any applicable project where a three-
year delay or longer occurs from when the final plans are completed and
the project advances to a letting for construction, to determine if a
substantial change has occurred to the project's scope or design, which
would require a VE analysis to be conducted.
(c) STAs and local authorities shall assure the required VE
analysis has been performed on each applicable project and the approved
recommendations are incorporated into the project's plans,
specifications, and estimate.
(d) STA VE coordinators. STAs must designate a VE Program
Coordinator to promote and advance VE program activities and functions.
The VE Coordinator's responsibilities must include establishing and
maintaining the STA's VE policies and procedures;
[[Page 36414]]
developing and sustaining a VE training and capacity building
initiative; monitoring, assessing, and reporting on the VE analyses
conducted and VE program; participating in periodic VE program and
project reviews; submitting the required annual reports to the FHWA;
and support the other elements of the VE program.
Sec. 627.9 Conducting a VE analysis.
(a) A VE analysis should be conducted as early as practicable in
the planning or development of a project, preferably before the
completion of the project's preliminary design. At a minimum, the VE
analysis must be conducted prior to final design.
(b) The VE analysis should be closely coordinated with other
project development activities. This assessment will improve the
probability of proposed VE recommendations being accepted and
incorporated into the project design without conflicting with or
adversely impacting previous agency, community, or environmental
commitments, the project's scope, and the development of construction
schedules. The analysis to be conducted should include a consideration
of combining or eliminating inefficient uses of the existing facility
and explore the opportunity to refine the project's design or project
plans to incorporate innovative technologies, materials, or methods to
accomplish the project's purpose and design.
(c) Design-build projects meeting the applicability criteria
specified in 23 CFR 627.1(b) must conduct a value analysis prior to the
release of the Request for Proposals document.
(d) Projects requiring a VE analysis must:
(1) Use a multi-disciplinary team not directly involved in the
planning or design of the project, with at least one individual who is
trained and knowledgeable in VE analysis techniques and able to serve
as the team's facilitator and coordinator;
(2) Develop and implement the VE Job Plan. The analytical
methodology and tools to be used in support of the VE analysis that is
conducted should follow recommended industry practices and FHWA
guidance to evaluate the potential benefit and impacts that may be
expected to occur with the proposed VE recommendations;
(3) Produce a formal written report outlining, at a minimum:
(i) Project information;
(ii) Identification of the VE analysis team;
(iii) Background and supporting documentation, such as information
obtained from other analyses conducted on the project (e.g.,
environmental, safety, traffic operations, constructability);
(iv) Documentation of the stages of the VE Job Plan which would
include documentation of the life-cycle costs that were analyzed;
(v) Summarization of the analysis conducted;
(vi) Documentation of the proposed recommendations and approvals
received at the time the report is finalized; and
(vii) The formal written report shall be retained for at least 3
years after the completion of the project (as specified in 49 CFR
18.42).
(e) For bridge projects, in addition to the requirements in
subsection (d), the VE analyses must:
(1) Include bridge substructure and superstructure requirements
that consider alternative construction materials; and
(2) Be conducted based on:
(A) An engineering and economic assessment, taking into
consideration acceptable designs for bridges; and
(B) Using an analysis of life-cycle costs and duration of project
construction.
(f) STAs and local authorities may employ qualified consultants (as
defined in 23 CFR 172.3) to conduct a VE analysis. A consulting firm or
individual must not be used to conduct or support a VE analysis if they
have a direct or indirect conflict of interest in connection with the
subject project.
(g) VECPs. STAs and local authorities are encouraged to use a VECP
clause in an applicable project's specifications and contract, allowing
the construction contractor to propose changes in the project's plans,
specifications, or other contract documents. The STA and local
authority will consider changes that could improve the project's
performance, value and quality, shorten the delivery time, or lower
construction costs, while having no adverse impact on the project's
overall life-cycle cost. The basis for a STA or local authority to
consider a VECP is the analysis and documentation supporting the
proposed benefits that would result from implementing the proposed
change in the project's contract or project plans.
(h) Proposals to accelerate construction after the award of the
contract will not be considered a VECP and will not be eligible for
Federal-aid highway program funding participation. Where it is
necessary to accelerate construction, STAs and local authorities are
encouraged to use the appropriate incentive or disincentive clauses so
that all proposers will take this into account when preparing their
bids or price proposals.
[FR Doc. 2011-15540 Filed 6-21-11; 8:45 am]
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