[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Rules and Regulations]
[Pages 41042-41043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19435]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Part 1509

[FRL-6409-6]


Acquisition Regulation: Contractor Performance Evaluations

AGENCY: Environmental Protection Agency

ACTION: Final rule; technical amendment.

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SUMMARY: The Environmental Protection Agency is revising its EPA 
Acquisition Regulation (48 CFR Chapter 15) concerning contractor 
performance evaluations to clarify that contractor performance 
evaluations will be completed after each 12 month period from the 
effective date of contract. The final rule dated April 26, 1999 (64 FR 
20201) indicated that contractor performance evaluations will be 
completed each 12 months after contract award. Because an EPA contract 
award date may commence prior to the contract effective date, EPA's 
regulation will be technically amended to reflect that contractor 
performance evaluations will be completed each 12 months after the 
effective date of contract.

DATES: This amendment was effective as of May 26, 1999.

FOR FURTHER INFORMATION CONTACT: Frances Smith, U.S. Environmental 
Protection Agency, Office of Acquisition Management, (3802R), 401 M 
Street, SW, Washington, D.C. 20460, Telephone: (202) 564-4368.

SUPPLEMENTARY INFORMATION:

A. Background

    The final rule for contractor performance evaluations was published 
in the Federal Register on April 26, 1999 (64 FR 20201). The final rule 
indicated that contractor performance evaluations will be completed 
each 12 months after contract award. EPA contracts often have a 
contract award date and a contract effective date which may or may not 
be the same date. As such, this technical amendment provides a revision 
to the EPA Acquisition Regulation to clarify that contractor 
performance evaluations will be completed each 12 months after the

[[Page 41043]]

effective date of contract. The effective date of contract denotes the 
beginning of contractor performance.

B. Executive Order 12866

    This action is a technical amendment to the final rule concerning 
contractor performance evaluations (April 26, 1999, 64 FR 20201). This 
technical amendment is not a ``significant regulatory action'' and is 
therefore not subject to review by the Office of Management and Budget.

C. Paperwork Reduction Act

    This technical amendment merely changes the wording in the final 
rule (April 26, 1999, 64 FR 20201) to reflect that contractor 
performance evaluations will be completed each 12 months after the 
effective date of contract. Reference the final rule for an analysis 
pertaining to the Paperwork Reduction Act.

D. Regulatory Flexibility Act

    This technical amendment does not exert a significant economic 
impact on a substantial number of small entities. The final rule (April 
26, 1999, 64 FR 20201) for contractor performance evaluations provides 
supporting rationale.

E. The National Technology Transfer and Advancement Act

    As referenced in the final rule (April 26, 1999, 64 FR 20201), 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. The NTTAA directs EPA 
to provide Congress, through the Office of Management and Budget, 
explanations when the Agency decides not to use available and 
applicable voluntary consensus standards. This technical amendment does 
not involve technical standards. Therefore, EPA did not consider the 
use of any voluntary consensus standards.

F. Executive Order 12875: Enhancing the Intergovernmental 
Partnership

    This technical amendment does not create a mandate on State, local 
or tribal governments. Reference the final rule (April 26, 1999, 64 FR 
20201) for an analysis concerning Executive Order 12875.

G. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    This technical amendment does not significantly or uniquely affect 
the communities of Indian tribal governments. Reference the final rule 
(April 26, 1999, 64 FR 20201) for a complete analysis.

H. 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 technical amendment does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in aggregate, or the private 
sector in one year. This technical amendment is not subject to the 
requirements of sections 202 and 205 of the UMRA. Reference the final 
rule (April 26, 1999, 64 FR 20201).

I. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency must evaluate the environmental health or safety effects of the 
planned rule on children, and explain why the planned regulation is 
preferable to other potentially effective and reasonably feasible 
alternatives considered by the Agency. Reference the final rule (April 
26, 1999, 64 FR 20201).
    This technical amendment is not subject to E.O. 13045 because it is 
not an economically significant rule as defined by E.O. 12866, and 
because it does not involve decisions on environmental health or 
safety.

J. 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 effect, 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. Section 808 allows the issuing agency to make a rule 
effective sooner than otherwise provided by the CRA if the agency makes 
a good cause finding that notice and public procedure is impracticable, 
unnecessary or contrary to the public interest. This finding must be 
supported by a brief statement (5 U.S.C. 808(2)). We are making a good 
cause finding for this rule under 5 U.S.C. 553(b) that notice and 
comment are unnecessary because this rule is a minor technical 
clarification as described earlier. In light of this finding, we have 
established an effective date of May 26, 1999. EPA will submit a report 
containing this technical amendment and other required information to 
the U.S. Senate, the U.S. House of Representatives and the Comptroller 
General of the United States prior to publication of the rule in the 
Federal Register. This technical amendment is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

List of Subjects in 48 CFR Part 1509

    Environmental protection, Government procurement.

    Therefore, 48 CFR Chapter 15 is amended as set forth below:
    1. The authority citation for part 1509 continues to read as 
follows:

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

    2. Section 1509.170-4 is amended by revising paragraph (b) to read 
as follows:


Sec. 1509.170-4  Definitions.

* * * * *
    (b) Interim Report refers to a Contractor Performance Report that 
covers each 12 month period after the effective date of contract.
* * * * *
    3. Section 1509.170-5 is amended by revising paragraph (d) to read 
as follows:


Sec. 1509.170-5  Policy.

* * * * *
    (d) The contracting officer must complete interim Reports covering 
each 12 month period after the effective date of contract for all 
contracts in excess of $100,000, except those acquisitions identified 
in 1509.170-3, Applicability. In addition to interim Reports, the 
contracting officer must complete a final Report which covers the last 
12 months (or less) of contract performance.
* * * * *
Pat Patterson,
Acting Director, Office of Acquisition Management.
[FR Doc. 99-19435 Filed 7-28-99; 8:45 am]
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