[Federal Register Volume 59, Number 77 (Thursday, April 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9667]


[[Page Unknown]]

[Federal Register: April 21, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1501, 1502, 1503, 1506, 1509, 1510, 1514, 1515, 1516, 
1517, 1522, 1530, 1531, 1532, 1533, 1536, 1542, 1545, and 1552

[FRL-4876-1]

 

Acquisition Regulation

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: This rule makes numerous administrative changes to the 
Environmental Protection Agency (EPA) Acquisition Regulation (EPAAR). 
These changes modify existing review and approval levels for various 
contract actions and modify the dollar threshold for internal review of 
contract actions. This revision also includes a streamlining of the 
regulations for establishing the EPA Architect-Engineer Evaluation 
Board. These changes will expedite the processing of contract actions 
while still ensuring proper administrative review, and are based on a 
reorganization of the major contracting activities within the Agency.

EFFECTIVE DATE: April 21, 1994.

FOR FURTHER INFORMATION CONTACT: Frances Smith, Environmental 
Protection Agency, Office of Acquisition Management (3802F), 401 M 
Street, SW., Washington, DC 20460. Telephone: (202) 260-9948.

SUPPLEMENTARY INFORMATION:

A. Background

    The Federal Acquisition Regulation (FAR) requires Federal agencies 
to publish review and approval levels for various contract actions as 
part of the Agency's regulations supplementing the FAR. At EPA, these 
review and approval levels are contained in the EPAAR. The EPA Office 
of Acquisition Management (OAM) has reorganized and established six 
Division Director positions reporting directly to the Head of the 
Contracting Activity (HCA). These revisions to the EPAAR define the 
position of Division Director as the newly-designated Chiefs of the 
Contracting Office (CCO), and modify review and approval levels in the 
EPAAR, primarily to delegate authority from the HCA to the CCO. 
Additionally, these revisions modify the dollar thresholds for internal 
review of contract actions. Finally, this revision includes a 
streamlining of the regulations for establishing the EPA Architect-
Engineer Evaluation Board. These changes will expedite the processing 
of contract actions while ensuring proper administrative review.

B. Executive Order 12866

    This is not a significant regulatory action under Executive Order 
12866; therefore, no review is required by the Office of Information 
and Regulatory Affairs.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this rule does 
not contain information collection requirements for the approval of OMB 
under 44 U.S.C. 3501 et seq.

D. Regulatory Flexibility Act

    The EPA certifies that this rule does not exert a significant 
economic impact on a substantial number of small entities. The rule 
merely revises EPA's internal review and approval procedures. The rule 
has no substantive impact on the EPA Source Selection Procedures in 48 
CFR subpart 1515.6.

E. Public Comments

    The EPA has not solicited public comments on this final rule since 
it does not have a significant cost or administrative impact on 
contractors or offerors.

List of Subjects in 48 CFR Parts 1501, 1502, 1503, 1506, 1509, 
1510, 1514, 1515, 1516, 1517, 1522, 1530, 1531, 1532, 1533, 1536, 
1542, 1545, and 1552

    General, Definition of Words and Terms, Improper Business Practices 
and Personal Conflicts of Interest, Competition Requirements, 
Contractor Qualifications, Specifications, Standards, and Other 
Purchase Descriptions, Sealed Bidding, Contracting By Negotiation, 
Types of Contracts, Special Contracting Methods, Application of Labor 
Laws to Government Acquisitions, Cost Accounting Standards, Contract 
Cost Principles and Procedures, Contract Financing, Protests, Disputes, 
and Appeals, Construction and Architect-Engineer Contracts, Contract 
Administration, Government Property, Solicitation Provisions and 
Contract Clauses.

    Dated: April 6, 1994.
Betty L. Bailey,
Director, Office of Acquisition Management.

    For the reasons set out in the preamble, Chapter 15 of Title 48 
Code of Federal Regulations is amended as follows:
    1. The authority citation for 48 CFR parts 1501, 1502, 1503, 1506, 
1509, 1510, 1514, 1515, 1516, 1517, 1522, 1530, 1531, 1532, 1533, 1536, 
1542, 1545, and 1552 continues to read as follows:


    Authority: Sec. 205(c), 63 Stat. 390 as amended, 48 U.S.C. 
486(c).


    2. In the list below, for each citation listed in the left column, 
remove the wording indicated in the middle column from wherever it 
appears in the citation and replace it with the wording indicated in 
the right column. 

------------------------------------------------------------------------
       Citation                  Remove                Replace with     
------------------------------------------------------------------------
1501.301...............  Director, Office of      Director, Office of   
                          Administration.          Acquisition          
                                                   Management.          
1501.602-3(c)(2).......  Responsible Procurement  Chief of the          
                          and Contracts            Contracting Office.  
                          Management Division                           
                          (PCDM) Associate                              
                          Director.                                     
1501.602-3(c)(3).......  Responsible PCMD         Chief of the          
                          Associate Director.      Contracting Office.  
1503.301...............  Responsible Associate    Chief of the          
                          Director (RAD).          Contracting Office   
                                                   (CCO).               
1503.408-1.............  RAD....................  CCO.                  
1503.409...............  RAD....................  CCO.                  
1503.502...............  RAD....................  CCO.                  
1506.202...............  Responsible Associate    CCO.                  
                          Director (RAD).                               
1509.170-4(b)(1).......  Contracts Management     Policy Training and,  
                          Division.                Oversight Division   
                                                   (PTOD), Office of    
                                                   Acquisition          
                                                   Management, 3802F.   
1509.170-4(b)(2).......  Quality Assurance        Quality Assurance     
                          Section, Procurement     Branch, Office of    
                          and Contracts            Management, 3802F.   
                          Management Division.                          
1509.170-4(b)(3).......  Quality Assurance        Quality Assurance     
                          Section, Procurement     Branch, Office of    
                          and Contracts            Acquisition          
                          Management Division.     Management, 3802F.   
1509.170-4(d)..........  Quality Assurance        Quality Assurance     
                          Section, PCMD.           Branch, Office of    
                                                   Acquisition          
                                                   Management.          
1509.170-4(e)..........  Quality Assurance        Quality Assurance,    
                          Section, Procurement     Office of Acquisition
                          and Contracts Manage     Management.          
                          ment Division.                                
1509.170-4(f)..........  Quality Assurance        Quality Assurance     
                          Section.                 Branch, Office of    
                                                   Acquisition          
                                                   Management.          
1509.506(b)............  Director, Office of      Quality Assurance     
                          Administration.          Branch, Office of of 
                                                   Acquisition          
                                                   Management.          
1510.007...............  Responsible Associate    CCO.                  
                          Director (RAD).                               
1514.201-7.............  Responsible Associate    CCO.                  
                          Director (RAD).                               
1514.404-1.............  RAD....................  CCO.                  
1515.604(a)............  Chief of the             Contracting Officer.  
                          Contracting Activity                          
                          (CCO).                                        
1515.608(e)............  Head of the Contracting  CCO.                  
                          Activity.                                     
1515.609(b)............  ($25,000,000 for         ($25,000,000 for ADP  
                          Superfund).              and Superfund).      
1515.610-70(b).........  Procurement and          Office of Acquisition 
                          Contracts Management     Management.          
                          Division.                                     
1515.612(a)(1)           ($25,000,000 for         ($25,000,000 for ADP  
 introductory text.       Superfund).              and Super-fund).     
1515.612(a)(1)(i)......  RAD....................  CCO.                  
1515.612(a)(1)(ii).....  Chief of the             Branch Chief or as    
                          Contracting Office       otherwise designated 
                          (CCO) or, in his/her     by the CCO.          
                          absence, the Acting                           
                          CCO.                                          
1515.612(a)(2)           ($25,000,000 or less     ($25,000,000 or less  
 introductory text.       for Superfund).          for ADP and          
                                                   Superfund).          
1515.804-3.............  Responsible Associate    CCO.                  
                          Director (RAD).                               
1515.902(c)............  RAD....................  CCO.                  
1515.1003..............  CCO....................  Contracting Officer.  
1516.404-276(a)          Responsible Associate    CCO.                  
 introductory text.       (RAD).                                        
1516.404-277             RAD....................  CCO.                  
 introductory text.                                                     
1516.603-3.............  RAD....................  CCO.                  
1517.202(a)............  Responsible Associate    CCO.                  
                          Director (RAD).                               
11522.608-4............  Responsible Associate    CCO.                  
                          Director (RAD).                               
11522.803..............  RAD....................  CCO.                  
11522.1306.............  RAD....................  CCO.                  
11522.1403.............  RAD....................  CCO.                  
11530.304..............  Responsible Associate    CCO.                  
                          Director (RAD).                               
11531.101..............  Procurement Policy       Procurement Policy    
                          Staff.                   Branch.              
                         Responsible Associate    CCO.                  
                          Director (RAD).                               
11532.102..............  Responsible Associate    CCO.                  
                          Director (RAD).                               
11533.209..............  Responsible Associate    CCO.                  
                          Director (RAD).                               
11533.212(a)(3)........  Policy and Quality       Quality Assurance     
                          Assurance Branch.        Branch.              
                         Procurement and          Office of Acquisition 
                          Contracts Management     Management.          
                          Division.                                     
11533.212(b)(4)........  Procurement and          Office of Acquisition 
                          Contracts Management     Management.          
                          Division.                                     
11536.201(d)...........  Quality Assurance        Quality Assurance     
                          Section, Procurement     Branch, Office of    
                          and Contracts            Acquisition          
                          Management Division.     Management,          
11536.201(e)...........  Quality Assurance        Quality Assurance     
                          Section.                 Branch.              
11536.209(c)...........  Responsible Associate    CCO.                  
                          Director (RAD).                               
11536.602-4............  RAD....................  CCO.                  
11542.705-1(a).........  Cost Policy and Rate     Cost Policy and Rate  
                          Negotiation Section      Negotiation Branch   
                          (CPRN).                  (CPRN).              
                         Procurement and          Office of Acquisition 
                          Contracts Management     Management.          
                          Division.                                     
                                                                        
11542.705-1(b)(1)(i)...  Cost Policy and Rate     Cost Policy and Rate  
                          Negotiation Section      Negotiation Branch   
                          (CPRN).                  (CPRN).              
11542.708(c)...........  Cost Policy and Rate     Cost Policy and Rate  
                          Negotiation Section      Negotiation Branch   
                          (CPRN).                  (CPRN).              
                         Procurement and          Office of Acquisition 
                          Contracts Management     Management.          
                          Division.                                     
11542.1202(a)..........  Procurement and          Policy, Training and  
                          Contracts Management     Oversight Division   
                          Division (PCMD).         (PTOD).              
11542.1202(b)..........  Procurement Policy       Procurement Policy    
                          Staff, PCMD.             Branch, Policy,      
                                                   Training and         
                                                   Oversight Division   
                                                   (PTOD).              
11542.1203(c)..........  Procurement and          Policy, Training and  
                          Contracts Management     Oversight Division.  
                          Division.                                     
11545.403..............  Responsible Associate    CCO.                  
                          Director (RAD).                               
11552.242-70(a)........  Cost Policy and Rate     Cost Policy and Rate  
                          Negotiation Section,     Negotiation Branch,  
                          (PM-214F), Procurement   (3804F), Cost        
                          and Contracts            Advisory and         
                          Management Division.     Financial Analysis   
                                                   Division.            
------------------------------------------------------------------------

    3. Subpart 1502.1 is revised to read as follows:

Subpart 1502.1--Definitions

    Chief of the Contracting Office (CCO) means the Office of 
Acquisition Management Division Directors at Headquarters, Research 
Triangle Park and Cincinnati.
    Head of the Contracting Activity (HCA) means the Director, Office 
of Acquisition Management.
    Legal Counsel means those attorneys assigned to the Contracts Law 
Branch and the Research Triangle Park General Counsel Branch, Office of 
the General Counsel and designated by the Assistant General Counsel as 
Contract Law Specialists.
    Procurement Executive (PE) means the Director, Office of 
Acquisition Management.
    4. Section 1536.602-2 is revised to read as follows:


1536.602-2  Establishment of evaluation boards.

    (a) The Environmental Protection Agency Architect-Engineer 
Evaluation Board is established as a central permanent Board located at 
Headquarters EPA under authority delegated to the Director, Office of 
Acquisition Management. The Board shall perform all architect-engineer 
evaluations on an agency-wide basis. The Agency Board shall be composed 
of not less than three nor more than five voting members and one non-
voting advisory member from the contracting office. The following 
constitutes the minimum composition of the Architect-Engineer 
Evaluation Board:
    (1) Member and Chairperson. Chief, Engineering, Planning, and 
Architecture Branch, Facilities Management and Services Division or 
his/her designee;
    (2) Member. A professional engineer or architect from EPA to be 
designated by the Chairperson;
    (3) Member. A program official initiating the requirement or a 
designated representative; and
    (4) Advisory Member. A Contracting Officer or his/her 
representative.
    (b) The Chief of the Contracting Office (CCO) is delegated the 
authority to appoint either one or two additional voting members as may 
be appropriate for a particular project.
    (c) In the event of an emergency or extended absence, a member may 
designate, in writing, with the concurrence of the Chairperson, an 
alternate experienced in architecture, engineering, or construction to 
serve in his/her absence.
    (d) The duties of the advisory member shall include, but not be 
limited to, the following:
    (1) Assuring that the criteria set forth in the public notice are 
applied in the evaluation process; and
    (2) Assuring that actions taken during the evaluation process do 
not compromise subsequent procurement actions.

[FR Doc. 94-9667 Filed 4-20-94; 8:45 am]
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