[Federal Register Volume 79, Number 155 (Tuesday, August 12, 2014)]
[Proposed Rules]
[Pages 47044-47047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19028]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1536 and 1537
[EPA-HQ-OARM-2013-0370; FRL-9915-11-OARM]
Acquisition Regulation; Update to Construction and Architect-
Engineer and Key Personnel Requirements
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) proposes to amend
the EPA Acquisition Regulation (EPAAR) to remove the evaluation of
contracting performance and incorporate flexibility to identify the
required number of days of key personnel commitment during the early
stages of contractor performance under the Key Personnel clause. The
proposed rule also provides for minor edits of an administrative
nature.
DATES: Comments must be received on or before September 11, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2013-0370, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: [email protected]
Mail: EPA-HQ-OARM-2013-0370, OEI Docket, Environmental
Protection Agency, 2822T, 1200 Pennsylvania Ave. NW., Washington, DC
20460. Please include a total of three (3) copies.
Hand Delivery: EPA Docket Center-Attention OEI Docket, EPA
West, Room B102, 1301 Constitution Ave. NW., Washington, DC 20004. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2013-0370. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ''anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket, and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment, and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties, and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket, visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov, or in hard copy at the Office of Environmental
Information (OEI) Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number
[[Page 47045]]
for the Public Reading Room is (202) 566-1744, and the telephone number
for the EPA Docket Center is (202) 566-1752. This Docket Facility is
open from 8:30 a.m. to 4:30 p.m. Monday through Friday, excluding legal
holidays.
FOR FURTHER INFORMATION CONTACT: Daniel Humphries, Policy, Training,
and Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: (202) 564-4377; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI, and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR Part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Background
EPA is updating the EPAAR to remove section 1536.201 on the
evaluation of contractor performance under construction contracts and
the incorporation of flexibilities provided by a class deviation to the
Key Personnel requirements under part 1537. Upon review of the EPAAR,
it was determined that the EPAAR requirement for the evaluation of
construction contracts should be removed as it was superseded by FAR
42.1502. Additionally, under EPAAR 1552.237-72, EPA proposes to provide
contracting officers with the flexibility to identify the required
number of days of key personnel commitment during the early stages of
contractor performance. The length of time will be based on the
requirements of individual acquisitions when continued assignment is
essential to the successful implementation of the program's mission.
Contracting officers may include a different number of days in excess
of the ninety (90) days included in the clause, if approved at one
level above the Contracting Officer. And finally, the proposed rule
provides minor administrative edits in the EPAAR sections identified.
III. Proposed Rule
This proposed rule includes the following content changes: (1)
Removes 1536.201 Evaluation of contracting performance. (2) Provides
administrative updates and adds Chief of the Contracting Office (CCO)
to 1536.209(c). (3) Under 1536.521, updates the term ``small
purchases'' with ``simplified acquisition threshold.'' (4) Under
1537.110(b) the term ``contracting officer's technical
representative(s)'' is replaced by ``Contracting Officer's
Representative(s).'' (5) Amends 1537.110(c) to incorporate the
flexibilities provided by a class deviation to the Key Personnel
requirements. (6) Remove ``CFR 48'' from 1537.110.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
therefore, not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
No information is collected under this action.
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute; unless the agency certifies that the rule
will not have a significant economic impact on a substantial number of
small entities. Small entities include small businesses, small
organizations, and small governmental jurisdictions.
For purposes of assessing the impact of this rule on small
entities, ``small entity'' is defined as: (1) A small business that
meets the definition of a small business found in the Small Business
Act and codified at 13 CFR 121.201; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of this rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
revises a current EPAAR provision and does not impose requirements
involving capital investment, implementing procedures, or record
keeping. This rule will not have a significant economic impact on small
entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector.
This rule contains no Federal mandates (under the regulatory
provisions of the Title II of the UMRA) for State, Local, and Tribal
governments or the private sector. The rule imposes no enforceable duty
on any State, Local or Tribal governments or the private sector. Thus,
the rule is not subject to the requirements of sections 202 and 205 of
the UMRA.
[[Page 47046]]
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and Local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This rule does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government as
specified in Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications as specified in Executive Order 13175.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health 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 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to Executive Order 13045
because it is not an economically significant rule as defined by
Executive Order 12866, and because it does not involve decisions on
environmental health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution or Use'' (66 FR 28335, May 22, 2001), because it
is not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act of 1995 (NTTAA)
Section 12(d) (15 U.S.C. 272 note) of NTTA, Public Law 104-113,
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 NTTA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This proposed rulemaking does not involve human health or
environmental effects.
List of Subjects in 48 CFR Parts 1536 and 1537
Environmental protection, Government procurement.
Dated: August 5, 2014.
John R. Bashista,
Director, Office of Acquisition Management.
Therefore, 48 CFR Chapter 15 is proposed to be amended as set forth
below:
PART 1536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
0
1. The authority citation for part 1536 continues to read as follows:
Authority: 5 U.S.C. 301; Sec. 205 (c), 63 Stat. 390, as
amended, 40 U.S.C. 486(c); and 41 U.S.C. 418b.
1536.201 [Removed]
0
2. Remove 536.201.
1536.209 [Amended]
0
3. Amend 1536.209, paragraph (c), by removing the acronyms ``CCO'' and
``RAD'' and adding, in their place, the words ``Chief of the
Contracting Office''.
0
4. Revise 1536.521 to read as follows:
1536.521 Specifications and drawings for construction.
The Contracting Officer shall insert the clause at 1552.236-70,
Samples and Certificates, in solicitations and contracts when a fixed
price construction contract is expected to exceed the simplified
acquisition threshold. The clause may be inserted in solicitations and
contracts when the contract is expected to be within the simplified
acquisition threshold.
PART 1537--SERVICE CONTRACTING
0
5. The authority citation for part 1537 continues to read as follows:
Authority: Sec. 205 (c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
0
6. Amend 1537.110 by revising paragraphs (b) and (c) and, in paragraph
(f), by removing the phrase ``48 CFR'' to read as follows:
1537.110 Solicitation provisions and contract clauses.
* * * * *
(b) The Contracting Officer shall insert a clause substantially the
same as the clause in 1552.237-71, Technical Direction, in
solicitations and contracts where the Contracting Officer intends to
delegate authority to issue technical direction to the Contracting
Officer's Representative(s).
(c) The Contracting Officer shall insert the clause at 1552.237-72,
Key Personnel, in solicitations and contracts when it is necessary for
contract performance to identify Contractor key personnel. Contracting
Officers have the flexibility to identify the required number of days
of key personnel commitment during the early stages of
[[Page 47047]]
contractor performance. The length of time will be based on the
requirements of individual acquisitions when continued assignment is
essential to the successful implementation of the program's mission.
Therefore, Contracting Officers may use a clause substantially the same
as in EPAAR 1552.237-72, regarding substitution of key personnel.
Contracting Officers may include a different number of days in excess
of the ninety (90) days included in this clause, if approved at one
level above the Contracting Officer.
* * * * *
[FR Doc. 2014-19028 Filed 8-11-14; 8:45 am]
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