[Federal Register Volume 60, Number 144 (Thursday, July 27, 1995)]
[Rules and Regulations]
[Pages 38504-38505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18372]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1501, 1503, 1504, 1505, 1506, 1509, 1512, 1513, 1514,
1515, 1516, 1519, 1520, 1522, 1524, 1525, 1530, 1531, 1532, 1533,
1536, 1545, 1546
[FRL-5264-7]
Acquisition Regulation; Removal of Obsolete and Unnecessary
Regulations
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is removing sections
of the EPA Acquisition Regulation (EPAAR) which are obsolete,
confusing, or involve delegations or procedures internal to the Agency
not required for inclusion in the EPAAR.
EFFECTIVE DATE: July 27, 1995.
FOR FURTHER INFORMATION CONTACT: Paul Schaffer at (202) 260-9032,
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460 (Mail Code 3802F).
SUPPLEMENTARY INFORMATION:
A. Background
The President directed each agency to report by June 1, 1995, all
Agency regulations which can be deleted because they are obsolete,
confusing, or unenforceable. This effort is aimed at making all our
regulations cleaner, cheaper, and smarter. This final rule eliminates
numerous sections which are outdated or unnecessary. Additionally, this
rule eliminates certain delegations and designations of authority
covered elsewhere in internal Agency guidance.
In addition, EPA also plans to delete internal Agency procedures
for incorporation into internal Agency guidance documents at a later
date. These procedures are contained in the following sections:
------------------------------------------------------------------------
EPAAR section Title
------------------------------------------------------------------------
1501.602-3........ Ratifications.
1504.804-5........ Detailed procedures for closing out contract files.
1506.371.......... Conduct of market surveys.
1509.170-1........ Scope of subpart.
1509.170-2........ Applicability.
1509.170-3........ Purpose.
1509.170-4........ Procedures.
1509-406.......... Procedures.
1509.407-3........ Procedures.
1513.570.......... Oral purchase orders.
1517.201.......... Exercise of options.
1533.212.......... Contracting Officer's duties upon appeal.
1536.201.......... Evaluation of contractor performance.
1536.602-2........ Establishment of evaluation boards.
1537.200.......... Scope of subpart.
1537.205.......... Management controls.
1542.700.......... Scope of subpart.
1542.705.......... Final indirect cost rates.
1542.705-1........ Contracting Officer's determination procedure.
------------------------------------------------------------------------
B. Executive Order 12866
This rule is not a significant regulatory action as defined in
Executive Order 12866; therefore, no review is required at the Office
of Information and Regulatory Affairs, within OMB.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does
not propose any information collection requirements which would require
the approval of OMB under 44 U.S.C. 3501, et seq.
D. Regulatory Flexibility Act
This rule does not have a significant impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et. seq.
E. Unfunded Mandates
This final rule does not impose unfunded mandates on state and
local entities or others. It will make the internal Agency procurement
process more efficient.
List of Subjects in 48 CFR Parts 1501, 1503, 1504, 1505, 1506, 1509,
1512, 1513, 1514, 1515, 1516, 1519, 1520, 1522, 1524, 1525, 1530, 1531,
1532, 1533, 1536, 1545, and 1546
Government procurement.
For the reasons set out in the preamble, Chapter 15 of Title 48 of
the Code of Federal Regulations is amended as follows:
1. The authority citation for Parts 1501, 1503, 1504, 1505, 1506,
1509, 1512, 1513, 1514, 1515, 1516, 1519, 1520, 1522, 1524, 1525, 1530,
1531, 1532, 1533, 1536, 1545, and 1546 continues to read as follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
2. Section 1501.101 is revised to read as follows:
[[Page 38505]]
1501.101 Purpose.
This subpart establishes Chapter 15, the Environmental Protection
Agency Acquisition Regulation (EPAAR), within Title 48, the Federal
Acquisition Regulations System.
3. In Section 1501.602-3, paragraph (c)(2) is revised to read as
follows:
1501.602-3 Ratification of unauthorized commitments.
* * * * *
(c)(1) * * *
(2) For ratification actions which arise in regional offices or
laboratory sites, the Chief of the Contracting Office to whom the
activity functionally reports is the ratifying official.
* * * * *
4. Section 1503.602 is revised to read as follows:
1503.602 Exceptions.
The Assistant Administrator for Administration and Resources
Management may authorize an exception, in writing, to the policy in FAR
3.601 and 1503.601 for the reasons stated in FAR 3.602, if the
exception would not involve a violation of 18 U.S.C. 203, 18 U.S.C.
205, 18 U.S.C. 207, 18 U.S.C. 208, or EPA regulations at 40 CFR part 3.
The Assistant Administrator shall consult with the Designated Agency
Ethics Official before authorizing any exceptions.
5. Section 1505.202 is revised to read as follows:
1505.202 Exceptions.
The Contracting Officer need not submit the notice required by FAR
5.201 when the Contracting Officer determines in writing that the
contract is for the services of experts for use in preparing or
prosecuting a civil or criminal action under the Superfund Amendments
and Reauthorization Act of 1986.
6. Section 1515.608 is amended by removing paragraphs (b)(2) and
(c)(2); by redesignating paragraph (b)(3) as (b)(2) and by revising
paragraph (b) introductory text, by revising newly designated (b)(2)
introductory text; and by redesignating paragraph (c)(1) as (c)
introductory text and redesignating paragraphs (c)(1)(i), (ii) and
(iii) as (c)(1), (2) and (3), respectively; and the title to paragraph
(c) introductory text to read as follows:
1515.608 Proposal evaluation.
(a) * * *
(b) Technical evaluation panel report of initial offers. The TEP
shall deliver their report to the Contracting Officer upon completion
of the evaluation of initial offers.
(1) * * *
(2) The TEP report shall also include: * * *
(c) Technical evaluation panel report following the competitive
range determination. * * *
* * * * *
7. Section 1532.102 is revised to read as follows:
1532.102 Description of contract financing methods.
Progress payments based on a percentage or stage of completion are
authorized for use as a payment method under EPA contracts or
subcontracts for construction and alteration or repair of buildings,
structures, or other real property.
8. The following sections are removed:
------------------------------------------------------------------------
EPAAR section Title
------------------------------------------------------------------------
1501.303.......... Codification and public participation.
1501.304.......... Agency control and compliance procedures.
1501.404.......... Class deviations.
1503.101-3........ Agency regulations.
1503.103-2........ Evaluating the certification.
1503.203.......... Reporting suspected violations of the gratuities
clause.
1503.301.......... General.
1503.408-1........ Responsibilities.
1503.409.......... Misrepresentations or violations of the covenant
against contingent fees.
1503.502.......... Subcontractor kickbacks.
1503.603.......... Responsibilities of the Contracting Officer.
1505.270.......... Use of synopses to perform market surveys.
1505.401.......... General.
1505.502.......... Authority.
1506.202.......... Establishing or maintaining alternative sources.
1506.301.......... Policy.
1506.302.......... Circumstances Permitting other than full and open
competition.
1506.302-1........ Only one responsible source and no other supplies or
services will satisfy agency requirements.
1506.303.......... Justifications.
1506.370.......... Limited competition.
1506.372.......... Class justification.
1509.105-2........ Determinations and documentation.
1509.105-3........ Disclosures of preaward information.
1509.506.......... Procedures.
1509.508.......... Examples.
1514.205-1........ Establishment of lists.
1514.404-1........ Cancellation of invitations after opening.
1514.406-3........ Other mistakes disclosed before award.
1514.406-4........ Mistakes after award.
1515.403.......... Solicitation mailing lists.
1515.610-70....... Limited discussions versus full negotiations.
1515.804-3........ Exemptions from or waiver of submission of certified
cost or pricing data.
1515.1003......... Debriefings.
1519.602-1........ Referral.
1520.102.......... Labor surplus area goals.
1520.303.......... Review of subcontracting program.
1522.103-4........ Approvals.
1522.608-3........ Protests against eligibility.
1522.608-4........ Award upon final determination.
1522.608-6........ Postaward.
1522.1003......... Applicability.
1522.1306......... Complaint procedures.
1522.1403......... Waivers.
1522.1406......... Complaint procedures.
1524.202.......... Policy.
1525.102.......... Policy.
1530.304.......... Waiver.
1531.101.......... Objectives.
1532.402.......... General.
1532.407.......... Interest.
1532.409-2........ Recommendation for disapproval.
1532.412.......... Contract clause.
1533.209.......... Suspected fraudulent claims.
1533.211.......... Contracting Officer's decision.
1536.203.......... Government estimate of construction costs.
1536.602-4........ Selection authority.
1536.602-5........ Short Selection processes for contracts not to
exceed $10,000.
1536.604.......... Performance evaluation.
1536.605.......... Government estimate of architect-engineer work.
1545.403.......... Rental--Use and Charges clause.
------------------------------------------------------------------------
Dated: July 10, 1995.
Acting Director, Office of Acquisition Management.
Jeanette L. Brown,
[FR Doc. 95-18372 Filed 7-26-95; 8:45 am]
BILLING CODE 6560-50-P
