[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