[Federal Register Volume 60, Number 144 (Thursday, July 27, 1995)]
[Rules and Regulations]
[Pages 38504-38505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18372]



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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1501, 1503, 1504, 1505, 1506, 1509, 1512, 1513, 1514, 
1515, 1516, 1519, 1520, 1522, 1524, 1525, 1530, 1531, 1532, 1533, 
1536, 1545, 1546

[FRL-5264-7]


Acquisition Regulation; Removal of Obsolete and Unnecessary 
Regulations

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is removing sections 
of the EPA Acquisition Regulation (EPAAR) which are obsolete, 
confusing, or involve delegations or procedures internal to the Agency 
not required for inclusion in the EPAAR.

EFFECTIVE DATE: July 27, 1995.

FOR FURTHER INFORMATION CONTACT: Paul Schaffer at (202) 260-9032, 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460 (Mail Code 3802F).

SUPPLEMENTARY INFORMATION:

A. Background

    The President directed each agency to report by June 1, 1995, all 
Agency regulations which can be deleted because they are obsolete, 
confusing, or unenforceable. This effort is aimed at making all our 
regulations cleaner, cheaper, and smarter. This final rule eliminates 
numerous sections which are outdated or unnecessary. Additionally, this 
rule eliminates certain delegations and designations of authority 
covered elsewhere in internal Agency guidance.
    In addition, EPA also plans to delete internal Agency procedures 
for incorporation into internal Agency guidance documents at a later 
date. These procedures are contained in the following sections:

------------------------------------------------------------------------
   EPAAR section                            Title                       
------------------------------------------------------------------------
1501.602-3........  Ratifications.                                      
1504.804-5........  Detailed procedures for closing out contract files. 
1506.371..........  Conduct of market surveys.                          
1509.170-1........  Scope of subpart.                                   
1509.170-2........  Applicability.                                      
1509.170-3........  Purpose.                                            
1509.170-4........  Procedures.                                         
1509-406..........  Procedures.                                         
1509.407-3........  Procedures.                                         
1513.570..........  Oral purchase orders.                               
1517.201..........  Exercise of options.                                
1533.212..........  Contracting Officer's duties upon appeal.           
1536.201..........  Evaluation of contractor performance.               
1536.602-2........  Establishment of evaluation boards.                 
1537.200..........  Scope of subpart.                                   
1537.205..........  Management controls.                                
1542.700..........  Scope of subpart.                                   
1542.705..........  Final indirect cost rates.                          
1542.705-1........  Contracting Officer's determination procedure.      
------------------------------------------------------------------------

B. Executive Order 12866

    This rule is not a significant regulatory action as defined in 
Executive Order 12866; therefore, no review is required at the Office 
of Information and Regulatory Affairs, within OMB.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this rule does 
not propose any information collection requirements which would require 
the approval of OMB under 44 U.S.C. 3501, et seq.

D. Regulatory Flexibility Act

    This rule does not have a significant impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601 et. seq.

E. Unfunded Mandates

    This final rule does not impose unfunded mandates on state and 
local entities or others. It will make the internal Agency procurement 
process more efficient.

List of Subjects in 48 CFR Parts 1501, 1503, 1504, 1505, 1506, 1509, 
1512, 1513, 1514, 1515, 1516, 1519, 1520, 1522, 1524, 1525, 1530, 1531, 
1532, 1533, 1536, 1545, and 1546

    Government procurement.

    For the reasons set out in the preamble, Chapter 15 of Title 48 of 
the Code of Federal Regulations is amended as follows:
    1. The authority citation for Parts 1501, 1503, 1504, 1505, 1506, 
1509, 1512, 1513, 1514, 1515, 1516, 1519, 1520, 1522, 1524, 1525, 1530, 
1531, 1532, 1533, 1536, 1545, and 1546 continues to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).

    2. Section 1501.101 is revised to read as follows: 

[[Page 38505]]



1501.101  Purpose.

    This subpart establishes Chapter 15, the Environmental Protection 
Agency Acquisition Regulation (EPAAR), within Title 48, the Federal 
Acquisition Regulations System.
    3. In Section 1501.602-3, paragraph (c)(2) is revised to read as 
follows:


1501.602-3  Ratification of unauthorized commitments.

* * * * *
    (c)(1) * * *
    (2) For ratification actions which arise in regional offices or 
laboratory sites, the Chief of the Contracting Office to whom the 
activity functionally reports is the ratifying official.
* * * * *
    4. Section 1503.602 is revised to read as follows:


1503.602  Exceptions.

    The Assistant Administrator for Administration and Resources 
Management may authorize an exception, in writing, to the policy in FAR 
3.601 and 1503.601 for the reasons stated in FAR 3.602, if the 
exception would not involve a violation of 18 U.S.C. 203, 18 U.S.C. 
205, 18 U.S.C. 207, 18 U.S.C. 208, or EPA regulations at 40 CFR part 3. 
The Assistant Administrator shall consult with the Designated Agency 
Ethics Official before authorizing any exceptions.
    5. Section 1505.202 is revised to read as follows:


1505.202  Exceptions.

    The Contracting Officer need not submit the notice required by FAR 
5.201 when the Contracting Officer determines in writing that the 
contract is for the services of experts for use in preparing or 
prosecuting a civil or criminal action under the Superfund Amendments 
and Reauthorization Act of 1986.
    6. Section 1515.608 is amended by removing paragraphs (b)(2) and 
(c)(2); by redesignating paragraph (b)(3) as (b)(2) and by revising 
paragraph (b) introductory text, by revising newly designated (b)(2) 
introductory text; and by redesignating paragraph (c)(1) as (c) 
introductory text and redesignating paragraphs (c)(1)(i), (ii) and 
(iii) as (c)(1), (2) and (3), respectively; and the title to paragraph 
(c) introductory text to read as follows:


1515.608  Proposal evaluation.

    (a) * * *
    (b) Technical evaluation panel report of initial offers. The TEP 
shall deliver their report to the Contracting Officer upon completion 
of the evaluation of initial offers.
    (1) * * *
    (2) The TEP report shall also include: * * *
    (c) Technical evaluation panel report following the competitive 
range determination. * * *
* * * * *
    7. Section 1532.102 is revised to read as follows:


1532.102  Description of contract financing methods.

    Progress payments based on a percentage or stage of completion are 
authorized for use as a payment method under EPA contracts or 
subcontracts for construction and alteration or repair of buildings, 
structures, or other real property.
    8. The following sections are removed:

------------------------------------------------------------------------
   EPAAR section                            Title                       
------------------------------------------------------------------------
1501.303..........  Codification and public participation.              
1501.304..........  Agency control and compliance procedures.           
1501.404..........  Class deviations.                                   
1503.101-3........  Agency regulations.                                 
1503.103-2........  Evaluating the certification.                       
1503.203..........  Reporting suspected violations of the gratuities    
                     clause.                                            
1503.301..........  General.                                            
1503.408-1........  Responsibilities.                                   
1503.409..........  Misrepresentations or violations of the covenant    
                     against contingent fees.                           
1503.502..........  Subcontractor kickbacks.                            
1503.603..........  Responsibilities of the Contracting Officer.        
1505.270..........  Use of synopses to perform market surveys.          
1505.401..........  General.                                            
1505.502..........  Authority.                                          
1506.202..........  Establishing or maintaining alternative sources.    
1506.301..........  Policy.                                             
1506.302..........  Circumstances Permitting other than full and open   
                     competition.                                       
1506.302-1........  Only one responsible source and no other supplies or
                     services will satisfy agency requirements.         
1506.303..........  Justifications.                                     
1506.370..........  Limited competition.                                
1506.372..........  Class justification.                                
1509.105-2........  Determinations and documentation.                   
1509.105-3........  Disclosures of preaward information.                
1509.506..........  Procedures.                                         
1509.508..........  Examples.                                           
1514.205-1........  Establishment of lists.                             
1514.404-1........  Cancellation of invitations after opening.          
1514.406-3........  Other mistakes disclosed before award.              
1514.406-4........  Mistakes after award.                               
1515.403..........  Solicitation mailing lists.                         
1515.610-70.......  Limited discussions versus full negotiations.       
1515.804-3........  Exemptions from or waiver of submission of certified
                     cost or pricing data.                              
1515.1003.........  Debriefings.                                        
1519.602-1........  Referral.                                           
1520.102..........  Labor surplus area goals.                           
1520.303..........  Review of subcontracting program.                   
1522.103-4........  Approvals.                                          
1522.608-3........  Protests against eligibility.                       
1522.608-4........  Award upon final determination.                     
1522.608-6........  Postaward.                                          
1522.1003.........  Applicability.                                      
1522.1306.........  Complaint procedures.                               
1522.1403.........  Waivers.                                            
1522.1406.........  Complaint procedures.                               
1524.202..........  Policy.                                             
1525.102..........  Policy.                                             
1530.304..........  Waiver.                                             
1531.101..........  Objectives.                                         
1532.402..........  General.                                            
1532.407..........  Interest.                                           
1532.409-2........  Recommendation for disapproval.                     
1532.412..........  Contract clause.                                    
1533.209..........  Suspected fraudulent claims.                        
1533.211..........  Contracting Officer's decision.                     
1536.203..........  Government estimate of construction costs.          
1536.602-4........  Selection authority.                                
1536.602-5........  Short Selection processes for contracts not to      
                     exceed $10,000.                                    
1536.604..........  Performance evaluation.                             
1536.605..........  Government estimate of architect-engineer work.     
1545.403..........  Rental--Use and Charges clause.                     
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    Dated: July 10, 1995.
Acting Director, Office of Acquisition Management.
Jeanette L. Brown,
[FR Doc. 95-18372 Filed 7-26-95; 8:45 am]
BILLING CODE 6560-50-P