[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72415-72416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33430]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 12, 23, and 52

[FAC 97-15; FAR Case 97-033; Item I]
RIN 9000-AI19


Federal Acquisition Regulation; Pollution Control and Clean Air 
and Water

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
that amends the Federal Acquisition Regulation (FAR) to eliminate the 
burden on offerors to certify that they do not propose to use a 
facility for the performance of the contract that is ineligible for 
award because it is on the Environmental Protection Agency's (EPA) 
``List of Violating Facilities.'' Contracting officers will use the GSA 
List of Parties Excluded from Federal Procurement and Nonprocurement 
Programs (GSA List) to ensure that they do not award contracts to 
ineligible offerors. This change represents no change to the 
longstanding policy that a contracting officer must not award a 
contract if performance of the contract would be at a facility that has 
not corrected the cause that gave rise to a criminal conviction under 
the Clean Air Act or Clean Water Act.

DATES: Effective Date: February 25, 2000.
    Applicability Date: The FAR, as amended by this rule, is applicable 
to solicitations issued on or after February 25, 2000.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-
1757. Please cite FAC 97-15, FAR case 97-033.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 306 of the Clean Air Act (CAA) (42 U.S.C. 7606) and Section 
508 of the Clean Water Act (CWA) (33 U.S.C. 1368) prohibit award of a 
Federal contract to any person who has been convicted of various 
violations under the Acts if the convicted person owns, leases, or 
supervises the facility at which the violations(s) occurred; and any 
part of the contract will be performed at the violating facility. This 
ineligibility begins the moment a judgment of conviction is entered. 
The statutes provide that the ineligibility for contract award remains 
in effect until the Administrator of the Environmental Protection 
Agency (EPA) certifies that the conditions giving rise to the 
conviction have been corrected. Excluded parties whose ineligibility is 
limited by reason of a CAA or CWA conviction are identified by the 
facility and conviction listing, the Cause and Treatment Code ``H'' 
annotation, in the GSA List. Internet access to the GSA List is 
available at ``http://epls.arnet.gov/''.
    The Councils published a proposed rule in the Federal Register at 
64 FR 26264, May 13, 1999, that explained how the removal of FAR 
Subpart 23.1, FAR 52.223-1, and FAR 52.223-2 would not have a 
detrimental effect on the Government's environmental policy or its 
ability to enforce CAA and CWA requirements that apply to efforts 
performed under Federal contracts. Four respondents submitted comments 
concurring with the proposed rule. The Councils have agreed to convert 
the proposed rule to a final rule without change.
    This rule was not subject to Office of Management and Budget review 
under Section 6(b) of Executive Order 12866, Regulatory Planning and 
Review, dated September 30, 1993. This rule is not a major rule under 5 
U.S.C. 804.

[[Page 72416]]

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because generally less than 50 
facilities a year are ineligible for contract award as a result of 
convictions for violations of the CAA or CWA.

C. Paperwork Reduction Act

    The Paperwork Reduction Act applies because these changes remove an 
information collection requirement approved under OMB Control Number 
9000-0021. The paperwork to remove the collection from the FAR 
inventory will be submitted to OMB.

List of Subjects in 48 CFR Parts 1, 12, 23, and 52

    Government procurement.

    Dated: December 20, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 12, 23, and 52 
as set forth below:
    1. The authority citation for 48 CFR parts 1, 12, 23, and 52 
continues to read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106  [Amended]

    2. In section 1.106, amend the introductory text by removing the 
word ``ten'' and adding ``10''; and in the table following the 
introductory paragraph remove FAR segment ``52.223-1'' and its 
corresponding OMB Control Number, ``9000-0021''.

PART 12--ACQUISITION OF COMMERCIAL ITEMS

    3. In section 12.503, revise the introductory text of paragraph 
(b); remove paragraph (b)(1); redesignate paragraphs (b)(2) and (b)(3) 
as (b)(1) and (b)(2), respectively; remove paragraph (b)(4); and 
redesignate paragraph (b)(5) as (b)(3). The revised text reads as 
follows:


12.503  Applicability of certain laws to executive agency contracts for 
the acquisition of commercial items.

* * * * *
    (b) Certain requirements of the following laws are not applicable 
to executive agency contracts for the acquisition of commercial items:
* * * * *
    4. Revise paragraph (b) in section 12.504 to read as follows:


12.504  Applicability of certain laws to subcontracts for the 
acquisition of commercial items.

* * * * *
    (b) The requirements for a certificate and clause under the 
Contract Work Hours and Safety Standards Act, 40 U.S.C. 327, et seq., 
(see Subpart 22.3) are not applicable to subcontracts at any tier for 
the acquisition of commercial items or commercial components.
* * * * *

PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE


23.1  [Removed and Reserved]

    5. Subpart 23.1 is removed and reserved.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.223-1 and 52.223-2  [Reserved]

    6. Sections 52.223-1 and 52.223-2 are removed and reserved.

[FR Doc. 99-33430 Filed 12-23-99; 8:45 am]
BILLING CODE 6820-EP-P