[Federal Register Volume 61, Number 216 (Wednesday, November 6, 1996)]
[Rules and Regulations]
[Pages 57336-57339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28424]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1501, 1503, 1509, 1510, 1511, 1512, 1513, 1516, 1519, 
1527, 1532, 1533, 1535, 1542 and 1552

[FRL-5632-4]


Acquisition Regulation; Administrative Changes

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: This document makes administrative changes to the EPA 
Acquisition Regulation (EPAAR), consistent with the Federal Acquisition 
Streamlining Act (FASA) and other administrative changes.

EFFECTIVE DATE: November 21, 1996.


[[Page 57337]]


ADDRESSES: Environmental Protection Agency, Office of Acquisition 
Management (3802F), 401 M Street S.W., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Larry Wyborski, Telephone: (202) 260-
6482.

SUPPLEMENTARY INFORMATION:

I. Background Information

    The Federal Acquisition Streamlining Act (FASA) was implemented 
through several changes to the Federal Acquisition Regulation (FAR). 
This rule revises the Environmental Protection Agency Acquisition 
Regulation (EPAAR) to make it consistent with FAR changes resulting 
from the FASA. The changes include several redesignations of EPAAR 
citations, such as what was previously EPAAR Part 1511, to make them 
consistent with the FAR. This rule does not impose any new requirements 
on Agency contractors.

II. Executive Order 12866

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

III. Paperwork Reduction Act

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

IV. Regulatory Flexibility Act

    This rule is not expected to 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. This rule is limited 
to changes in EPA's internal procedures.

V. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) Public 
Law 104-4, establishes requirements for Federal agencies to assess 
their regulatory actions on State, local and tribal governments and the 
private sector.
    EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any one year. Private sector costs for this action relate to 
paperwork requirements and associated expenditures that are far below 
the level established for UMRA applicability. Thus, the rule is not 
subject to the requirements of sections 202 and 205 of the UMRA.

VI. Regulated Entities

    There are no entities potentially regulated by this action.

List of Subjects in 48 CFR Parts

    1501, 1503, 1509, 1510, 1511, 1512, 1513, 1516, 1519, 1527, 1532, 
1533, 1535, 1542 and 1552 Government procurement.

    For the reasons set forth in the preamble, Chapter 15 of Title 48 
Code of Federal Regulations, parts 1501, 1503, 1506, 1509, 1510, 1511, 
1512, 1513, 1516, 1519, 1527, 1532, 1533, 1542 and 1552 are amended as 
follows:

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

    2. Section 1501.602-3(d)(1)(v) is amended by removing the words 
``small purchases'' and adding in its place the words ``simplified 
acquisition procedures''.

PART 1503--[AMENDED]

    3. Part 1503 is amended to add Subpart 1503.9 to read as follows:

Subpart 1503.9--Whistle Blower Protections for Contractor Employees


1503.905  Procedures for investigating complaints.

    The Assistant Administrator for Administration and Resources 
Management is designated as the recipient of the written report of 
findings by the Inspector General. The Assistant Administrator shall 
ensure that the report of findings is disseminated in accordance with 
FAR 3.905(c).

PART 1509--[AMENDED]

    4. Part 1509 is amended by removing the words ``small purchases'' 
and adding in its place the words ``simplified acquisition procedures'' 
in the following places:
    (a) Section 1509.507-1(b);
    (b) Section 1509.507-2(a);
    (c) Section 1509.507-2(c).
    5. In Part 1509 remove the words ``small purchase limitation'' and 
replace with the words ``simplified acquisition threshold'' in the 
following places:
    (a) Section 1509.507-2(a);
    (b) Section 1509.507-2(b);
    (c) Section 1509.507-2(c).
    6. Section 1509.404 is revised to read as follows:


1509.404  Parties excluded from Federal procurement and nonprocurement 
programs.

    The Director, Office of Grants and Debarment (or designee) is 
responsible for notifying GSA in accordance with FAR 9.404(c).
    7. In Section 1509.507-2, paragraph (d) is revised to read as 
follows:
1509.507-2  Contract clauses.

* * * * *
    (d) The Contracting Officer shall insert the clause at 1552.209-75 
in Superfund solicitations and contracts in excess of the simplified 
acquisition threshold, where the solicitation or contract does not 
include (EPAAR) 48 CFR 1552.211-74, Work Assignments, Alternate I, or a 
similar clause requiring conflict of interest certifications during 
contract performance. This clause requires an annual conflict of 
interest certification from contractors when the contract does not 
require the submission of other conflict of interest certifications 
during contract performance. Contracts requiring annual certifications 
include: Site Specific contracts, the Contract Laboratory Program 
(CLP), and the Sample Management Office (SMO) contracts. The annual 
certification requires a contractor to certify that all organizational 
conflicts of interest have been reported, and that its personnel 
performing work under EPA contracts or relating to EPA contracts have 
been informed of their obligation to report personal and organizational 
conflicts of interest to the Contractor. The annual certification shall 
cover the one-year period from the date of contract award for the 
initial certification, and a one-year period starting from the previous 
certification for subsequent certifications. The certification must be 
received by the Contracting Officer no later than 45 days after the 
close of the certification period covered.

PART 1510--[REMOVED]

    8. Part 1510 is removed under the authority of Sec. 205(c), 63 
Stat. 390 as amended, 40 U.S.C. 486(c).
    9. Part 1511 is added to read as follows:

PART 11--DESCRIBING AGENCY NEEDS

1511.000  Scope of part.
1511.011  Solicitation Provisions and Contract Clauses.
1511.011-70   Reports of work.
1511.011-71  [Reserved.]
1511.011-72  Monthly progress report.
1511.011-73  Level of effort.
1511.011-74  Work assignments.
1511.011-75  Working files.
1511.011-76  Legal analysis.
1511.011-77  Final reports.
1511.011-78  Advisory and assistance services.
1511.011-79  Information resources management.


[[Page 57338]]


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


1511.000  Scope of part.

    This Part implements FAR part 11 and provides policy and procedures 
for describing Agency needs.


1511.011  Solicitation Provisions and Contract Clauses.


1511.011-70  Reports of work.

    Contracting Officers shall insert one of the contract clauses at 
1552.211-70 when the contract requires the delivery of reports. 
Alternate I should be used to specify reports in contract schedule, 
whereas the other clause should be used when reports are specified in 
the contract attachment.


1511.011-71  [Reserved]


1511.011-72  Monthly progress report.

    Contracting Officers shall insert a contract clause substantially 
the same as the clause at 1552.211-72 when monthly progress reports are 
required.


1511.011-73  Level of effort.

    The Contracting Officer shall insert the clause at 1552.211-73, 
Level of Effort, in term form contracts.


1511.011-74  Work assignments.

    The Contracting Officer shall insert the contract clause at 
1552.211-74, Work Assignments, in cost-reimbursement type term form 
contracts when work assignments are used. For Superfund contracts, 
except for contracts which require annual conflict of interest 
certificates (e.g., Site Specific contracts, the Contract Laboratory 
Program (CLP), and Sample Management Office (SMO) contracts), the 
Contracting Officer shall use the clause with either Alternate I or 
Alternate II. Alternate I shall be used for contractors who have at 
least 3 years of records that may be searched for certification 
purposes. Alternate II shall be used for contractors who do not have at 
least three years of records that may be searched.


1511.011-75  Working files.

    Contracting Officers shall insert the contract clause at 1552.211-
75 in all applicable EPA contracts where accurate working files on all 
work documentation is required in the performance of the contract.


1511.011-76  Legal analysis.

    Contracting Officers shall insert the clause at 1552.211-76 when it 
is determined that the contract involves legal analysis.


1511.011-77  Final reports.

    Contracting Officers shall insert the contract clause at 1552.211-
77 when a contract requires both a draft and a final report.


1511.011-78  Advisory and assistance services.

    Contracting Officers shall insert the contract clause at 1552.211-
78 in all contracts for advisory and assistance services.


1511.011-79  Information resources management.

    The Contracting Officer shall insert the clause at 1552.211-79, 
Compliance with EPA Policies for Information Resource Management, in 
all solicitations and contracts.

PART 1512--[REMOVED]

    10. Part 1512 is removed under the authority of Sec. 205(c), 63 
Stat. 390 as amended, 40 U.S.C. 486(c).
    11. Part 1513 is revised to read as follows:

PART 1513--SIMPLIFIED ACQUISITION PROCEDURES

1513.000  Scope of part.

Subpart 1513.1--General

1513.170  Competition exceptions and justification for sole source 
simplified acquisition procedures.
1513.170-1  Contents of sole source justifications.

Subpart 1513.4--Imprest Fund

1513.404  Conditions for use.

Subpart 1513.5--Purchase Orders

1513.505  Purchase order and related forms.
1513.505-2  Agency order forms in lieu of Optional Forms 347 and 
348.
1513.507  Clauses.

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


1513.000  Scope of part.

    This part prescribes EPA policies and procedures for the 
acquisition of supplies, nonpersonal services, and construction from 
commercial sources, the aggregate amount of which does not exceed the 
simplified acquisition threshold.

Subpart 1513.1--General


1513.170  Competition exceptions and justification for sole source 
simplified acquisition procedures.


1513.170-1  Contents of sole source justifications.

    The program office submitting the procurement request must submit, 
as a separate attachment, a brief written statement in support of sole 
source acquisitions exceeding the micro-purchase threshold. The 
statement must cite one or more of the circumstances in FAR 6.302 and 
the necessary facts to support each circumstance. Although program 
offices may not cite the authority in FAR 6.302-7, the public interest 
may be used as a basis to support a sole source acquisition. If the 
acquisition has been synopsized as a notice of proposed sole source 
acquisition, the statement must include the results of the evaluation 
of responses to the synopsis.

Subpart 1513.4--Imprest Fund


1513.404  Conditions for use.

    Imprest funds may be used when the transaction does not exceed $500 
($750 under emergency conditions).

Subpart 1513.5--Purchase Orders


1513.505  Purchase order and related forms.


1513.505-2  Agency order forms in lieu of Optional Forms 347 and 348.

    Contracting Officers may use the EPA Form 1900-8, Procurement 
Request/Order, in lieu of Optional Forms 347 and 348 for individual 
purchases prepared in accordance with the instructions printed on the 
reverse thereof (see 1553.213-70).


1513.507  Clauses.

    (a) It is the general policy of the Environmental Protection Agency 
that Contractor or vendor prescribed leases or maintenance agreements 
for equipment shall not be executed.
    (b) The Contracting Officer shall, where appropriate, insert the 
clause at 1552.213-70, Notice to Suppliers of Equipment, in orders for 
purchases or leases of automatic data processing equipment, word 
processing, and similar types of commercially available equipment for 
which vendors, as a matter of routine commercial practice, have 
developed their own leases and/or customer service maintenance 
agreements.


1516.307  [Amended]

    12. Section 1516.307(c) is amended by removing ``1552.216-75'' and 
adding in its place ``1552.216-76''.

PART 1519--[AMENDED]

    13. The heading of Part 1519 is amended by removing the words 
``Small Business and Small Disadvantaged Business Concerns'' and adding 
in its place the words ``Small Business Programs.''
    14. Part 1519 is amended by removing the words ``Small and 
Disadvantaged Business Utilization Specialist'' and

[[Page 57339]]

adding in its place the words ``Small Business Specialist'', by 
removing ``SDBUS'' and adding in its place ``SBS'', and by removing the 
words ``Small and Disadvantaged Utilization Specialists'' and adding in 
its place the words ``Small Business Specialists''.
    15. Section 1519.201-1 is redesignated as section 1519.201-71 and 
section 1519.201-2 is redesignated as section 1519.201-72.
    16. Section 1519.201-72 is amended by removing the sentence ``The 
SDBUS is not precluded from being assigned the responsibility for the 
labor surplus area program prescribed by FAR Part 20'' in paragraph 
(b).
    17. Section 1519.201-72 is amended by removing the words ``small 
purchase limitation'' and adding, in its place the words ``simplified 
acquisition threshold'' in paragraph (c)(3).


1527.409  [Amended]

    18. Section 1527.409 is amended by removing the words ``small 
purchase limitation and, as appropriate, in small purchases'' and 
adding in its place the words ``simplified acquisition threshold and, 
as appropriate, in simplified acquisition procedures.''

PART 1532--[AMENDED]

    19. Part 1532 is amended to add subpart 1532.2 to read as follows:

Subpart 1532.2--Commercial Item Purchase Financing


1532.201  Statutory authority.

    Authority for making the determination under FAR 32.201 is 
delegated to a level above the Contracting Officer.


1533.103-70  [Removed]

    20. Section 1533.103-70 is removed.


1535.007-70  [Amended]

    21. Section 1535.007-70, paragraph (c) is amended by adding 
``(TSCA)'' after the words ``Business Information'' in the first 
sentence.
    22. Subpart 1542.7 is amended to add Section 1542.703-2 to read as 
follows:


1542.703-2  Certificate of indirect costs.

    The Head of the Contracting Activity may waive the certification 
requirement set forth in FAR 42.703-2.
    23. Section 1552.209-71 is amended by revising paragraph (c) to 
read as follows:


1552.209-71  Organizational conflicts of interest.

* * * * *
    (c) When the procurement is accomplished through simplified 
acquisition procedures, use of the clause is optional.
* * * * *


1552.210-70  [Amended]

    24. Section 1552.210-70 is redesignated as section 1552.211-70.


1552.210-72  [Amended]

    25. Section 1552.210-72 is redesignated as section 1552.211-72.


1552.210-75  [Amended]

    26. Sections 1552.210-75 through 1552.210-79 are redesignated as 
sections 1552.211-75 through 1552.211-79.


1552.210-80  [Amended]

    27. Section 1552.210-80 is redesignated as section 1552.209-75.


1552.211-78  [Amended]

    28. In newly designated section 1552.211-78, remove the words 
``management consulting'' and replace with the words ``advisory and 
assistance''.


1552.212-70  [Amended]

    29. Section 1552.212-70 is redesignated as section 1552.211-73.


1552.212-71  [Amended]

    30. Section 1552.212-71 is redesignated as 1552.211-74.
    31. The heading of the clause in section 1552.215-70 is revised to 
read as follows:


1552.215-70  EPA Source Evaluation and Selection Procedures--
Procurements (SEP 1996)

    As prescribed in 1515.605, insert the following provision: EPA 
SOURCE EVALUATION AND SELECTION PROCEDURES - PROCUREMENTS (SEP 1996)
* * * * *
    32. The heading of the clause and the title of the clause in 
section 1552.235-76 are revised to read as follows:


1552.235-76  Treatment of Confidential Business Information (TSCA) (APR 
1996)

    As prescribed in 1535.007-70(c), insert the following clause:
TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (TSCA) (APR 1996)
* * * * *
    Dated: September 30, 1996.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 96-28424 Filed 11-5-96; 8:45 am]
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