[Federal Register Volume 63, Number 42 (Wednesday, March 4, 1998)]
[Rules and Regulations]
[Pages 10548-10549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4818]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1511, 1515, and 1552
[FRL-5968-9]
Acquisition Regulation: Administrative Amendments
AGENCY: Environmental Protection Agency.
ACTION: Interim rule with request for comments.
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SUMMARY: The Environmental Protection Agency (EPA) is amending the EPA
Acquisition Regulation (EPAAR) (48 CFR Chapter 15) to include a
requirement that any report prepared under an Agency contract identify
the contract under which it was prepared and the name of the contractor
who prepared the report, and to make an administrative change in the
approval levels for Source Selection.
DATES: This interim rule is effective on March 4, 1998. Comments should
be submitted not later than May 4, 1998.
ADDRESSES: Written comments should be submitted to the contact listed
below at the following address: U.S. Environmental Protection Agency,
Office of Acquisition Management (3802R), 401 M Street, SW, Washington,
D.C. 20460. Comments and data may also be submitted electronically by
sending electronic mail (e-mail) to: Senzel.L[email protected].
Electronic comments must be submitted as an ASCII file avoiding the use
of special characters and any form of encryption. Comments and data
will also be accepted on disks in WordPerfect in 6.1 format or ASCII
file format. No Confidential Business Information (CBI) should be
submitted through e-mail. Electronic comments on this rule may be filed
on-line at many Federal Depository Libraries.
FOR FURTHER INFORMATION CONTACT: Louise Senzel, U.S. EPA, Office of
Acquisition Management, (3802R), 401 M Street, SW, Washington, D.C.
20460, Telephone: (202) 564-4367.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule includes a requirement that any report prepared
under an Agency contract identify the contract under which it was
prepared and the name of the contractor who prepared the report as
required by section 411 of Public Law 105-65, October 27, 1997, and
makes an administrative change in the approval levels for Source
Selection.
Section 411 of Public Law 105-65 (EPA's appropriation act) states
except
[[Page 10549]]
as otherwise provided by the law, no part of any appropriation
contained in this Act shall be obligated or expended by any executive
agency, as referred to in the Office of Federal Procurement Policy Act
(41 U.S.C. 401 et. seq), for a contract for services unless such
executive agency: (1) Has awarded and entered into such contract in
full compliance with such Act and the regulations promulgated
thereunder; and (2) requires any report prepared pursuant to such
contract, including plans, evaluations, studies, analyses and manuals,
and any report prepared by the agency which is substantially derived
from or substantially includes any report pursuant to such contract, to
contain information concerning: (A) The contract pursuant to which the
report was prepared; and (B) the contractor who prepared the report to
such contract.'' Because immediate compliance is essential for EPA
contracting activities, urgent and compelling circumstances exist that
make it impracticable for EPA to promulgate this rule using notice and
comment procedures. Therefore, pursuant to 41 U.S.C. 418b(d), EPA is
promulgating these revisions on a temporary basis and is providing for
a public comment period of 60 days from the date on which this notice
is published. After considering the comments received, EPA may issue a
final rule. The revisions will be in effect during the interim period
while EPA receives, reviews and responds to any comments.
B. Executive Order 12866
The interim 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 within the Office of
Management and Budget (OMB).
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this interim
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 interim rule does not exert a
significant economic impact on a substantial number of small entities.
The requirements to contractors under the rule impose no reporting,
record-keeping, or any compliance costs.
E. Unfunded Mandates
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. This interim 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 one year. Any 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.
F. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take affect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Compt-roller General of United States prior to
publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
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).
List of Subjects in 48 CFR Parts 1511, 1515, and 1552
Government procurement.
Therefore, 48 CFR Chapter 15 is amended as set forth below:
PARTS 1511, 1515 AND 1552--[AMENDED]
1. The authority citation for Parts 1511, 1515, and 1552 continues
to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
2. 1511.011-70, is revised to read as follows:
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,
including plans, evaluations, studies, analyses and manuals. Alternate
I should be used to specify reports in contract schedule, whereas the
basic clause should be used when reports are specified in a contract
attachment.
3. 1515.612 is amended by revising paragraph (a)(1) introductory
text to read as follows:
1515.612 Formal source selection.
(a) * * *
(1) Acquisitions having a potential value exceeding $25,000,000.
* * * * *
4. Section 1552.211-70 is amended by revising the first paragraph,
the heading of the clause, the first paragraph of the clause, the
heading of Alternate I and the first paragraph of Alternate I to read
as follows.
1552.211-70 Reports of Work.
As prescribed in 1511.011-70, insert one of the contract clauses in
this subsection when the contract requires the delivery of reports,
including plans, evaluations, studies, analyses and manuals. The basic
clause should be used when reports are specified in a contract
attachment. Alternate I is to be used to specify reports in the
contract schedule.
REPORTS OF WORK (February 98)
The Contractor shall prepare and deliver reports, including
plans, evaluations, studies, analyses and manuals in accordance with
Attachment ____________________. Each report shall cite the contract
number, identify the U.S. Environmental Protection Agency as the
sponsoring agency, and identify the name of the contractor preparing
the report.
* * * * *
ALTERNATE I (February 98)
The Contractor shall prepare and deliver the below listed
reports, including plans, evaluations, studies, analyses and manuals
to the designated addressees. Each report shall cite the contract
number, identify the U.S. Environmental Protection Agency as the
sponsoring agency, and identify the name of the contractor preparing
the report.
* * * * *
Dated: February 11, 1998.
Ronald L. Kovach,
Acting Director, Office of Acquisition Management.
[FR Doc. 98-4818 Filed 3-3-98; 8:45 am]
BILLING CODE 6560-50-U