[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Rules and Regulations]
[Pages 33571-33573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15856]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1501, 1504, 1505, 1509, 1513, 1514, 1515, 1516, 1517, 
1519, 1522, 1523, 1532, 1533, 1542, 1545, 1546, 1548, and 1552

[FRL-5842-9]


Acquisition Regulation; Administrative Amendments

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is redesignating 
section numbering in the EPA Acquisition Regulation (EPAAR) (48 CFR 
Chapter 15) to parallel corresponding Federal Acquisition Regulation 
(FAR) sections, is removing from the EPAAR unnecessary coverage that 
duplicates existing FAR coverage, and making other administrative 
changes.

EFFECTIVE DATE: June 20, 1997.

FOR FURTHER INFORMATION CONTACT: Louise Senzel, Environmental 
Protection Agency, Office of Acquisition Management (3802F), 401 M 
Street, SW, Washington, D.C. 20460. Telephone: (202) 260-6204.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule updates section numbering to parallel corresponding 
FAR sections numbering, eliminates EPAAR coverage that duplicates 
existing FAR coverage, and makes other administrative changes.

B. Executive Order 12866

    The final rule is not a significant regulatory action for the 
purposes of 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 final rule 
does not contain information collection requirements that require the 
approval of OMB under the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.)

D. Regulatory Flexibility Act

    The EPA certifies that this final rule does not exert a significant 
economic impact on a substantial number of small entities. The 
requirements to contractors under the final rule impose no reporting, 
record-keeping, or any compliance costs.

E. Unfunded Mandates

    This final rule will not impose unfunded mandates on state or local 
entities, or others.

List of Subjects in 48 CFR Parts 1501, 1504, 1505, 1509, 1513, 1514, 
1515, 1516, 1517, 1519, 1522, 1523, 1532, 1533, 1542, 1545, 1546, 1548, 
and 1552

    Government procurement.

    Authority: The provisions of this regulation are issued under 5 
U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).

    Therefore, 48 CFR Chapter 15 is amended as set forth below:
    1. The authority citation for parts 1501, 1504, 1505, 1509, 1513, 
514, 1515, 1516, 1517, 1519, 1522, 1523, 1532, 1533, 1542, 1545, 1546, 
1548, and 1552 continues to read as follows:


[[Page 33572]]


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

    2. Section 1501.104 is redesignated as 1501.105 and section 
1501.103 is redesignated as 1501.104 and is revised to read as follows:


1501.104  Applicability.

    The FAR (48 CFR chapter 1) and the EPAAR (48 CFR chapter 15) apply 
to all EPA acquisitions as defined in part 2 of the FAR, except where 
expressly excluded.
    3. Section 1501.104-1 is redesignated as 1501.105-1, and 1501.104-2 
is redesignated as 1501.105-2, the FAR reference ``1.104-2(c)'' in 
newly designated 1501.105-2 is revised to read ``1.105-2(c)'', and 
section 1501.104-3 is redesignated as 1501.105-3.
    4.-5. Section 1501.602-3 is amended by removing paragraph (a), and 
redesignating paragraphs (b) through (f) as (a) through (e) 
respectively.
    5-6. Section 1505.203 is amended by revising the FAR reference 
``5.203 (b) or (c)'' to read ``5.203 (c) or (d)'' and revising 
``5.203(d)'' to read ``5.203(e)''.
    7. Section 1509.507-1(b) is revised to read as follows:


1509.507-1  Solicitation provisions.

* * * * *
    (b) Required solicitation provision. The Contracting Officer shall 
include the provisions at 1552.209-70 and 1552.209-72 in all 
solicitations, except where the following applies:
    (1) An Organizational Conflict of Interest provision is drafted for 
a particular acquisition (see Section 1509.507-1(a));
    (2) When the procurement is with another Federal agency (however, 
the provision is included in solicitations issued under the Small 
Business Administration's (SBA) 8(a) program); and
    (3) When the procurement is accomplished through simplified 
acquisition procedures, use of the provision is optional.
    8. Section 1513.404 is redesignated as 1515.403.
    9. Section 1513.505-2 is redesignated as the text of 1513.505.
    10. Section 1514.000 is removed.
    11. Section 1514.205-5 is removed.
    12. Section 1515.413 paragraph (c) is removed and paragraphs (d), 
(e), (f), and (g) are redesignated as (c), (d), (e) and (f).
    13. Section 1515.600 is removed.
    14. Section 1515.603 is removed.
    15. Section 1515.608 is amended by revising paragraphs (a)(1), and 
(a)(2) to read as follows:


1515.608  Proposal evaluation.

    (a) * * *
    (1) The evaluation of technical proposals (including past 
performance factors) shall be accomplished using the following scoring 
plan or one specifically developed for the solicitation, e.g., other 
numeric, adjectival or color rating systems. Contracting Officers may 
request that the TEP also indicate whether proposals are acceptable or 
unacceptable, and/or whether the offerors' responses to individual 
criteria are acceptable or unacceptable.

                              Scoring Plan                              
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               Value                        Descriptive statement       
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0.................................  The factor is not addressed, or is  
                                     totally deficient and without      
                                     merit.                             
1.................................  The factor is addressed, but        
                                     contains deficiencies and/or       
                                     weaknesses that can be corrected   
                                     only by major or significant       
                                     changes to relevant portions of the
                                     proposal, or the factor is         
                                     addressed so minimally or vaguely  
                                     that there are widespread          
                                     information gaps. In addition,     
                                     because of the deficiencies,       
                                     weaknesses, and/or information     
                                     gaps, serious concerns exist on the
                                     part of the TEP about the offeror's
                                     ability to perform the required    
                                     work.                              
2.................................  Information related to the factor is
                                     incomplete, unclear, or indicates  
                                     an inadequate approach to, or      
                                     understanding of the factor. The   
                                     TEP believes there is question as  
                                     to whether the offeror would be    
                                     able to perform satisfactorily.    
3.................................  The response to the factor is       
                                     adequate. Overall, it meets the    
                                     specifications and requirements,   
                                     such that the TEP believes that the
                                     offeror could perform to meet the  
                                     Government's minimum requirements. 
4.................................  The response to the factor is good  
                                     with some superior features.       
                                     Information provided is generally  
                                     clear, and the approach is         
                                     acceptable with the possibility of 
                                     more than adequate performance.    
5.................................  The response to the factor is       
                                     superior in most features.         
------------------------------------------------------------------------

    (2) Ranking. The use of pre-established cut-off scores to determine 
the competitive range or the source to be selected is prohibited. Each 
member of the TEP shall independently evaluate and score each offer. 
The TEP shall develop a consensus opinion on the scores assigned to 
each offer. The averaging of individual TEP members' scores to arrive 
at an overall panel score is prohibited.
* * * * *
    16. Section 1515.609 is amended by revising paragraph (a), by 
removing paragraph (b), and by redesignating paragraph (c) as (b) and 
revising newly designated paragraph (b) (1) and (2) to read as follows:


1515.609  Competitive range.

    (a) The Contracting Officer shall prepare the determination of the 
competitive range for the subsequent approval of the SSO only if the 
determination is tantamount to selection, for example when there is 
only a single offeror in the competitive range or when there are only 
two proposals in the competitive range and multiple awards are 
anticipated. All determinations must be completely documented to 
support the competitive range decision.
    (b)(1) When there is only one proposal in the competitive range, 
the Contracting Officer shall examine the solicitation to determine if 
it was unduly restrictive. As part of the discussion in the competitive 
range determination, the Contracting Officer shall address at a 
minimum, the following four factors: whether the requirement could have 
been broken up into smaller components; whether the solicitation 
provided adequate response time; whether the requirement could have 
been satisfied with reduced staffing levels (discussion may be combined 
with the first factor); and if applicable, whether the work required 
on-site could otherwise be performed at a contractor's facility, 
avoiding the cost and logistical implications of relocating employees. 
If it is determined that unduly restrictive requirements inhibited 
competition, the Contracting Officer shall consider appropriate changes 
to those requirements and cancellation and reissuance of the 
solicitation.
    (2) In cases where only a single proposal has been received and a 
competitive range determination has not been prepared, the discussion 
of the reasons for receipt of the single proposal which otherwise would 
be contained in the competitive range determination shall be included 
in the source selection document. The discussion in the source 
selection document at a minimum shall address the factors referenced in 
paragraph (b)(1) of this section. If it is determined that unduly 
restrictive requirements inhibited competition, the Contracting Officer 
shall consider appropriate changes to those

[[Page 33573]]

requirements and cancellation and reissuance of the solicitation.
* * * * *
    17. Section 1515.611 is removed.
    18. Section 1516.000 is removed.
    19. Section 1516.404-270 is removed.
    20. Section 1516.404-271 is removed.
    21.-22. Section 1517.200 is removed.
    23. Section 1519.000 is removed.
    24. Section 1522.000 is removed.
    25.-26. Section 1532.000 is removed.
    27. Section 1533.000 is removed.
    28. Section 1542.000 is removed.
    29. Section 1542.700 is removed.
    30. Section 1542.705-70 is revised to read as follows:


1542.705-70  Solicitation and contract clause.

    The Contracting Officer shall insert the clause in 1552.242-70, 
Indirect Costs, in solicitations and contracts where indirect costs 
apply, unless contracting with an educational institution where there 
are approved predetermined final indirect cost rates.
    31. Section 1545.000 is removed.
    32. Section 1546.000 is removed.
    33.-34. Section 1552.209-70 is amended by removing paragraphs (a) 
through (c) and revising the introductory text to read as follows:


1552.209-70  Organizational Conflict of Interest Notification.

    As prescribed in 1509.507-1(b) insert the following solicitation 
provision in all solicitations.
* * * * *
    35. The introductory text of section 1552.211-70 is amended by 
revising the reference ``1510.011-70'' to read ``1511.011-70.''
    36. The introductory text of section 1552.211-72 is amended by 
revising the reference ``1510.011-72'' to read ``1511.011-72.''
    37. The introductory text of section 1552.211-73 is amended by 
revising the reference ``1512.104(a)'' to read ``1511.011-73.''
    38. The introductory text of Section 1552.211-74 is amended by 
revising the reference ``1512.104(b)'' to read ``1511.011-74.''
    39. The introductory text of Section 1552.211-75 is amended by 
revising the reference ``1510.011-75'' to read ``1511.011-75.''
    40. The introductory text of Section 1552.211-76 is amended by 
revising the reference ``1510.011-76'' to read ``1511.011-76.''
    41. The introductory text of Section 1552.211-77 is amended by 
revising the reference ``1510.011-77'' to read ``1511.011-77.''
    42. The introductory text of Section 1552.211-78 is amended by 
revising the reference ``1510.011-78'' to read ``1511.011-78.''
    43. The introductory text of Section 1552.211-79 is amended by 
revising the reference ``1510.011-79'' to read ``1511.011-79.''
    44. The introductory text of Section 1552.209-75 is amended by 
revising the reference ``1510.011-80'' to read ``1509.507-2(d).''

    Dated: May 20, 1997.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 97-15856 Filed 6-19-97; 8:45 am]
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