[Federal Register Volume 80, Number 17 (Tuesday, January 27, 2015)]
[Rules and Regulations]
[Pages 4211-4216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01166]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1523 and 1552
[EPA-HQ-OARM-2014-0515; FRL-9916-21-OARM]
Environmental Protection Agency Acquisition Regulation (EPAAR);
Environmental, Conservation, Occupational Safety, and Drug-Free
Workplace
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to address minor non-substantive changes
in three clauses and two related prescriptions. The direct final rule
updates ``Protection of Human Subjects'', ``Care of Laboratory
Animals'', and ``EPA Green Meetings and Conferences''. EPA does not
anticipate any adverse comments.
[[Page 4212]]
DATES: This rule is effective on March 30, 2015 without further notice,
unless adverse comment is received February 26, 2015. If adverse
comment is received, the EPA will publish a timely withdrawal of the
rule in the Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2014-0515 by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: [email protected].
Fax: (202) 566-1753.
Mail: EPA-HQ-OARM-2014-0515, 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-
2014-0515. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 http://www.regulations.gov or email. The http://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 http://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 http://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 http://www.regulations.gov or in hard copy at the Government
Property-Contract Property Administration 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 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: Holly Hubbell, Policy, Training, and
Oversight Division, Acquisition Policy and Training Service Center
(3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: 202-564-1091; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
General Information
1. Do not submit Classified Business Information (CBI) to EPA Web
site http://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.
3. Make sure to submit your comments by the comment period deadline
identified.
I. Background
The EPA is revising EPAAR 1552.223-70 Protection of Human Subjects
and 1552.223-72 Care of Laboratory Animals to update the clauses with
current references and legislative information. Except for
administrative changes, the clauses were last updated in 1984 and 2000,
respectively. Prescription 1523.303-72 for EPAAR 1552.223-72 clarifies
the applicability of the clause of care and use. The revisions to
prescription 1523.703-1 Acquisition of Environmentally Preferable
Meeting and Conference Services updates the applicability of clause
1552.223-71 EPA Green Meetings and Conferences. The revision of EPAAR
1552.223-71 replaces the ``14 questions'' with more relevant questions
which clarify the current requirements for environmentally preferred
facilities.
II. Final Rule
This final rule makes the following changes:
1. Revise prescription EPAAR 1523.303-72 to clarify the
applicability of the clause EPAAR 1552.223-72 Care of Laboratory
Animals.
2. Revise prescription EPAAR 1523.703-1 to clarify the
applicability of clause 1552.223-71 requiring information about the
environmental preferability features and practices of lodging and non-
lodging oriented meeting and conference facilities.
[[Page 4213]]
3. Revise EPAAR 1552.223-70 to update the legislative and guidance
references and information.
4. Revise EPAAR 1552.223-71 by replacing the ``14 questions'' with
more relevant questions that better clarify essential attributes for
environmentally preferred facilities.
5. Revise EPAAR 1552.223-72 to update the legislative references
and guidance information.
Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO 12866 and 13563 (76 FR
3821, January 21, 2011).
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.
Burden is defined at 5 CFR 1320.3(b).
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 RFA 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 today's final 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; or (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.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, because the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' 5 U.S.C. 503
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. This
action revises current EPAAR clauses and will not have a significant
economic impact on substantial number of small entities. We continue to
be interested in the potential impacts of the rule on small entities
and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, and tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of Sections 202 or 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments.
E. Executive Order 13132: Federalism
This action 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. Thus, Executive Order 13132 does
not apply to this action. In the spirit of Executive Order 13132, and
consistent with EPA policy to promote communications between EPA and
State and local governments, EPA specifically solicits comment on this
action from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive
Order 13175 does not apply to this action.
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 EO 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to EO 13045 because it is
not an economically significant rule as defined by EO 12866, and
because it does not have a proportionate effect on children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (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) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 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. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This action
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 (Feb. 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
[[Page 4214]]
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 final
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 in the general public.
K. Congressional Review Act
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 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of Agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding today's action under section 801
because this is a rule of agency organization, procedure, or practice
that does not substantially affect the rights or obligations of non-
agency parties.
List of Subjects
48 CFR Part 1523
Environmental protection, Acquisition of environmentally preferable
meeting and conference services, Care of laboratory animals,
Environmental, conservation, occupational safety, and drug-free
workplace, Government procurement.
48 CFR Part 1552
Environmental protection, Care of laboratory animals, EPA green
meetings and conferences, Protection of human subjects, Government
procurement.
Dated: January 7, 2015.
John R. Bashista,
Director, Office of Acquisition Management.
For the reasons stated in the preamble, Chapter 15 of Title 48 Code
of Federal Regulations, parts 1523 and 1552 are amended as set forth
below:
PART 1523--ENVIRONMENTAL, CONSERVATION, OCCUPATIONAL SAFETY, AND
DRUG-FREE WORKPLACE
0
1. The authority citation for part 1523 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
0
2. Revise 1523.303-72 to read as follows:
1523.303-72 Use and care of laboratory animals.
Contracting officers shall insert the clause at 1552.223-72, Use
and Care of Laboratory Animals, in all contracts involving the use of
animals in testing, research or training.
0
3. Revise 1523.703-1 to read as follows:
1523.703-1 Acquisition of environmentally preferable meeting and
conference facilities and services.
(a) Scope. This section establishes the policy and the procedures
for acquiring environmentally preferable meeting and conference
facilities and services. For purposes of this section, the term
``contracting officer'' refers to any EPA employee with purchasing
authority. For purposes of this section, the terms ``meeting and
conference facilities'' or ``conference facilities'' refer to any off-
site commercial facility which is purchased for the use of an EPA
conference or event, whether the purpose of the event is a meeting,
conference, training session, or other official purpose.
(b) Conference facilities. EPA conducts government events at
facilities owned and operated by private, third-party vendors. These
facilities--
(1) May provide conference participants with lodging, food and
beverage, and other on-site event support services.
(2) Demonstrate they are environmentally preferable by their
responses to the 17 questions in 1552.223-71(c) highlighting
environmental performance. These questions address, among other things,
reducing greenhouse gas (GHG) emissions, the production and disposal of
solid waste, the use of and exposure to toxic chemicals/materials, and
the depletion of natural resources including water.
(c) Policy. Contracting officers shall purchase environmentally
preferable meeting and conference facilities and services to the
greatest extent practicable. Environmentally preferable is defined at
FAR 2.101 and shall be considered in all purchases of meeting and
conference facilities and services.
(d) Procedures for micropurchases. The contracting officer shall
request that potential third party conference facility vendors respond
to the 17 questions in 1552.223-71(c) or language substantially the
same as these questions, in order to evaluate their environmental
performance.
(e) Procedures for purchases of conference facilities exceeding the
micropurchase threshold. The contracting officer shall request that
potential third party conference facility vendors respond to the 17
questions in 1552.223-71(c) or language substantially the same as these
questions, in order to evaluate their environmental performance. The
contracting officer shall notify vendors that the basis for award will
be best value with price and other factors considered. Environmental
preferability, as determined by evaluating the information submitted in
response to the questions and specifications at 1552.223-71(c) or
information submitted in response to substantially similar questions
and specifications, shall be considered among the other factors. The
contracting officer shall determine the relative importance of price
and other factors as appropriate to the acquisition, but in all cases
shall consider environmental preferability as a significant factor.
(f) Contractor support for meetings and conferences. A contract,
order, work assignment or purchasing agreement that includes contractor
support for meeting and conference planning and logistics must include
requirements to make use of environmentally preferable meeting and
conference facilities and services. The contracting officer shall
ensure language is included in the tasking document work statement that
requires the contractor to use the provisions at 1552.223-71 or
language approved by the contracting officer that is substantially the
same as the provisions, when soliciting quotes or offers for meeting
and conference services on behalf of the EPA.
(g) Solicitation provision. The contracting officer shall insert
provisions or language substantially the same as the provisions at
1552.223-71 EPA Green Meetings and Conferences, in solicitations for
meeting and conference services. Contracting officers issuing an oral
solicitation must also use these provisions, though they may be
provided to the vendor orally or electronically. Contractors soliciting
quotes or offers for meeting and conference services on behalf of EPA
shall use the provisions, or language approved by the contracting
officer that
[[Page 4215]]
is substantially the same as the provisions.
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. The authority citation for part 1552 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.
0
5. Revise 1552.223-70 to read as follows:
1552.223-70 Protection of human subjects.
As prescribed in 1523.303-70, insert the following contract clause
when the contract involves human test subjects.
Protection of Human Subjects March 2015
(a) The contractor shall meet all EPA requirements for studies
using human subjects prior to undertaking any work with human
subjects in accordance with 40 CFR part 26 and EPA Order 1000.17 A1
Policy and Procedures on Protection of Human Research Subjects in
EPA Conducted or Supported Research. Studies involving intentional
exposure of human subjects who are children or pregnant or nursing
women are prohibited. Requirements regarding observational studies
involving children or pregnant women and fetuses are referenced in
subparts C and D of 40 CFR part 26.
(b) The contractor's Institutional Review Board (IRB) approval
must state that the contractor's study meets the EPA's regulations
at 40 CFR part 26 and EPA Order 1000.17 A1. No work involving human
subjects, including recruiting, may be initiated before the EPA has
received a copy of the contractor's IRB approval of the project and
the EPA has also issued approval. Where human subjects are involved
in the research, the contractor must provide evidence of subsequent
IRB reviews, including amendments or minor protocol changes, as part
of annual reports.
(c) The contractor shall bear full responsibility for the proper
and safe performance of all work and services involving the use of
human subjects under this contract and shall ensure that work is
conducted in a proper manner and as safely as is feasible. The
contractor agrees that it has entered into this contract and will
discharge its obligations, duties, and undertakings and the work
pursuant thereto, whether requiring professional judgment or
otherwise, as an independent contractor without imputing liability
on the part of the government for the acts of the contractor, its
employees, sub-contractors, consultants, heirs, assignees, etc.
(d) If at any time during the performance of this contract, the
contracting officer determines that the contractor is not in
compliance with any of the requirements and/or standards stated in
above, the contracting officer may immediately suspend, in whole or
in part, work and further payments under this contract until the
contractor corrects the noncompliance. The contracting officer may
communicate the notice of suspension by telephone with confirmation
in writing. If the contractor fails to complete corrective action
within the period of time designated in the contracting officer's
written notice of suspension, the contracting officer may terminate
this contract in whole or in part.
(End of clause)
0
6. Revise 1552.223-71 to read as follows:
1552.223-71 EPA Green Meetings and Conferences.
As prescribed in 1523.703-1, insert the following provision, or
language substantially the same as the provision, in solicitations for
meetings and conference facilities.
EPA Green Meetings and Conferences March 2015
(a) The mission of the EPA is to protect human health and the
environment. As such, all EPA meetings and conferences will be
staged using as many environmentally preferable measures as
possible. Environmentally preferable means products or services that
have a lesser or reduced effect on the environment when compared
with competing products or services that serve the same purpose.
(b) Potential meeting or conference facility providers for EPA
shall provide information about the environmentally preferable
features and practices identified by the checklist contained in
paragraph (c) of this section, addressing sustainability for meeting
and conference facilities including lodging and non-lodging oriented
facilities.
(c) The following list of questions is provided to assist
contracting officers in evaluating the environmental perferability
of prospective meeting and conference facility providers. More
information about EPA's Green Meetings initiative may be found on
the Internet at http://www.epa.gov/oppt/greenmeetings/.
(1) Does your facility track energy usage and/or GHG emissions
through ENERGY STAR Portfolio Manager (http://www.energystar.gov/benchmark) or some other calculator based on a recognized greenhouse
gas tracking protocol? Y/N__
(2) If available for your building type, does your facility
currently qualify for the Energy Star certification for superior
energy performance? Y/N __, NA__
(3) Does your facility track water use through ENERGY STAR
Portfolio Manager or another equivalent tracking tool and/or
undertake best management practices to reduce water use in the
facility (http://www.epa.gov/watersense/commercial)? Y/N__
(4) Do you use landscaping professionals who are either
certified by a WaterSense recognized program or actively undertake
the WaterSense ``Water-Smart'' landscaping design practices (http://www.epa.gov/watersense/outdoor)? Y/N__, NA__
(5) Based on the amount of renewable energy your buildings uses,
does (or would) your facility qualify as a partner under EPA's Green
Power Partnership program (http://www.epa.gov/greenpower/join/purchase.htm)?
Y/N__
(6) Do you restrict idling of motor vehicles in front of your
facility, at the loading dock and elsewhere at your facility? Y/N__
(7) Does your facility have a default practice of not changing
bedding and towels unless requested by guests?
Y/N__, NA__
(8) Does your facility participate in EPA's WasteWise (http://www.epa.gov/epawaste/conserve/smm/wastewise/) and/or Food Recovery
Challenge (http://www.epa.gov/foodrecoverychallenge/) programs? Y/
N__
(9) Do you divert from landfill at least 50% of the total solid
waste generated at your facility? Y/N__
(10) Will your facility be able to divert from the landfill at
least 75% of the total solid waste expected to be generated during
this conference/event? Y/N__
(11) Do you divert from landfill at least 50% of the food waste
generated at your facility (through donation, use as animal feed,
recycling, anaerobic digestion, or composting)? Y/N__
(12) Will your facility be able to divert from landfill at least
75% of the food waste expected to be generated during this
conference/event (through donation, use as animal feed, recycling,
anaerobic digestion, or composting)?
Y/N__
(13) Does your facility provide recycling containers for
visitors, guests and staff (paper and beverage at minimum)? Y/N__
(14) With respect to any food and beverage prepared and/or
served at your facility, does at least 50% of it on average meet
sustainability attributes such as: Local, organic, fair trade, fair
labor, antibiotic-free, etc.? Y/N__
(15) Will your facility be able to ensure that at least 75% of
the food and beverage expected to be served during this conference/
event meets sustainability attributes such as: Local, organic, fair
trade, fair labor, antibiotic-free, etc.? Y/N__
(16) Does your facility use Design for the Environment (DfE)
cleaning products (http://www.epa.gov/dfe/), or similar products
meeting other recognized standards for being `environmentally
preferable' (http://www.epa.gov/epp/) or more sustainable? Y/N__
(17) Is your facility prepared to document or demonstrate all of
the claims you have made above? Y/N__
(d) The contractor shall include any additional ``Green
Meeting'' information in their proposal which is believed is
pertinent to better assist us in considering environmental
preferability in selecting our meeting venue.
0
7. Revise 1552.223-72 to read as follows:
1552.223-72 Use and care of laboratory animals.
As prescribed in 1523.303-72, insert the following clause in all
contracts involving the use of animals in testing, research or
training:
[[Page 4216]]
Use and Care of Laboratory Animals March 2015
(a) Use of laboratory animals. (1) Before undertaking
performance of any contract involving the use of laboratory animals,
the contractor shall register with the Secretary of Agriculture of
the United States in accordance with the Secretary of Agriculture of
the United States in accordance with the Animal Welfare Act of 1966,
as amended (AWA), codified at 7 U.S.C. 2131 et seq. and promulgated
at 9 CFR parts 1-4. The contractor shall furnish evidence of such
registration to the contracting officer.
(2) The contractor shall acquire animals used in research and
development programs from a dealer licensed by the Secretary of
Agriculture, or from exempted sources in accordance with 9 CFR 2.25-
2.28. Animals shall not be acquired from any random source Class B
dealer.
(3) The contractor may request registration of his/her facility
and a current listing of licensed dealers from the Regional Office
of the Animal and Plant Health Inspection Service (APHIS), USDA, for
the region in which his/her research facility is located. The
location of the appropriate APHIS Regional Office as well as
information concerning this program may be obtained at http://www.aphis.usda.gov/contact_us/.
(b) Care of laboratory animals. (1) In the care of any live
animals used or intended for use in the performance of this
contract, the contractor shall adhere to:
(i) The standards and practices incorporated in the Guide for
Care and Use of Laboratory Animals, prepared by the Institute of
Laboratory Animal Research of the National Research Council of the
National Academies (ILAR/NRC),
(ii) The Animal Welfare Regulations found in 9 CFR parts 1-4,
and
(iii) The National Institutes of Health (NIH) Public Health
Service (PHS) Policy on the Humane Care and Use of Laboratory
Animals.
(2) In case of conflict between standards, the higher standard
shall be used.
(3) The contractor's reports on portions of the contract in
which animals were used shall contain a certificate stating that the
animals were cared for in accordance with the principles enunciated
in the Guide for Care and Use of Laboratory Animals, prepared by the
ILAR/NRC, and/or in the Animal Welfare Regulations found in 9 CFR
parts 1-4.
(End of clause)
[FR Doc. 2015-01166 Filed 1-26-15; 8:45 am]
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