[Federal Register Volume 61, Number 216 (Wednesday, November 6, 1996)]
[Rules and Regulations]
[Pages 57336-57339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28424]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1501, 1503, 1509, 1510, 1511, 1512, 1513, 1516, 1519,
1527, 1532, 1533, 1535, 1542 and 1552
[FRL-5632-4]
Acquisition Regulation; Administrative Changes
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes administrative changes to the EPA
Acquisition Regulation (EPAAR), consistent with the Federal Acquisition
Streamlining Act (FASA) and other administrative changes.
EFFECTIVE DATE: November 21, 1996.
[[Page 57337]]
ADDRESSES: Environmental Protection Agency, Office of Acquisition
Management (3802F), 401 M Street S.W., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Larry Wyborski, Telephone: (202) 260-
6482.
SUPPLEMENTARY INFORMATION:
I. Background Information
The Federal Acquisition Streamlining Act (FASA) was implemented
through several changes to the Federal Acquisition Regulation (FAR).
This rule revises the Environmental Protection Agency Acquisition
Regulation (EPAAR) to make it consistent with FAR changes resulting
from the FASA. The changes include several redesignations of EPAAR
citations, such as what was previously EPAAR Part 1511, to make them
consistent with the FAR. This rule does not impose any new requirements
on Agency contractors.
II. Executive Order 12866
This is not a significant regulatory action under Executive Order
12866; therefore, no review is required at the Office of Information
and Regulatory Affairs, within OMB.
III. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does
not contain information collection requirements for the approval of the
Office of Management and Budget (OMB) under 44 U.S.C. 3501, et. seq.
IV. Regulatory Flexibility Act
This rule is not expected to 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. This rule is limited
to changes in EPA's internal procedures.
V. 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
their regulatory actions on State, local and tribal governments and the
private sector.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. Private sector costs for this action relate to
paperwork requirements and associated expenditures that are far below
the level established for UMRA applicability. Thus, the rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
VI. Regulated Entities
There are no entities potentially regulated by this action.
List of Subjects in 48 CFR Parts
1501, 1503, 1509, 1510, 1511, 1512, 1513, 1516, 1519, 1527, 1532,
1533, 1535, 1542 and 1552 Government procurement.
For the reasons set forth in the preamble, Chapter 15 of Title 48
Code of Federal Regulations, parts 1501, 1503, 1506, 1509, 1510, 1511,
1512, 1513, 1516, 1519, 1527, 1532, 1533, 1542 and 1552 are amended as
follows:
1. Authority: Sec. 205(c), 63 Stat. 390 as amended, 40 U.S.C.
486(c).
2. Section 1501.602-3(d)(1)(v) is amended by removing the words
``small purchases'' and adding in its place the words ``simplified
acquisition procedures''.
PART 1503--[AMENDED]
3. Part 1503 is amended to add Subpart 1503.9 to read as follows:
Subpart 1503.9--Whistle Blower Protections for Contractor Employees
1503.905 Procedures for investigating complaints.
The Assistant Administrator for Administration and Resources
Management is designated as the recipient of the written report of
findings by the Inspector General. The Assistant Administrator shall
ensure that the report of findings is disseminated in accordance with
FAR 3.905(c).
PART 1509--[AMENDED]
4. Part 1509 is amended by removing the words ``small purchases''
and adding in its place the words ``simplified acquisition procedures''
in the following places:
(a) Section 1509.507-1(b);
(b) Section 1509.507-2(a);
(c) Section 1509.507-2(c).
5. In Part 1509 remove the words ``small purchase limitation'' and
replace with the words ``simplified acquisition threshold'' in the
following places:
(a) Section 1509.507-2(a);
(b) Section 1509.507-2(b);
(c) Section 1509.507-2(c).
6. Section 1509.404 is revised to read as follows:
1509.404 Parties excluded from Federal procurement and nonprocurement
programs.
The Director, Office of Grants and Debarment (or designee) is
responsible for notifying GSA in accordance with FAR 9.404(c).
7. In Section 1509.507-2, paragraph (d) is revised to read as
follows:
1509.507-2 Contract clauses.
* * * * *
(d) The Contracting Officer shall insert the clause at 1552.209-75
in Superfund solicitations and contracts in excess of the simplified
acquisition threshold, where the solicitation or contract does not
include (EPAAR) 48 CFR 1552.211-74, Work Assignments, Alternate I, or a
similar clause requiring conflict of interest certifications during
contract performance. This clause requires an annual conflict of
interest certification from contractors when the contract does not
require the submission of other conflict of interest certifications
during contract performance. Contracts requiring annual certifications
include: Site Specific contracts, the Contract Laboratory Program
(CLP), and the Sample Management Office (SMO) contracts. The annual
certification requires a contractor to certify that all organizational
conflicts of interest have been reported, and that its personnel
performing work under EPA contracts or relating to EPA contracts have
been informed of their obligation to report personal and organizational
conflicts of interest to the Contractor. The annual certification shall
cover the one-year period from the date of contract award for the
initial certification, and a one-year period starting from the previous
certification for subsequent certifications. The certification must be
received by the Contracting Officer no later than 45 days after the
close of the certification period covered.
PART 1510--[REMOVED]
8. Part 1510 is removed under the authority of Sec. 205(c), 63
Stat. 390 as amended, 40 U.S.C. 486(c).
9. Part 1511 is added to read as follows:
PART 11--DESCRIBING AGENCY NEEDS
1511.000 Scope of part.
1511.011 Solicitation Provisions and Contract Clauses.
1511.011-70 Reports of work.
1511.011-71 [Reserved.]
1511.011-72 Monthly progress report.
1511.011-73 Level of effort.
1511.011-74 Work assignments.
1511.011-75 Working files.
1511.011-76 Legal analysis.
1511.011-77 Final reports.
1511.011-78 Advisory and assistance services.
1511.011-79 Information resources management.
[[Page 57338]]
Authority: Sec. 205(c), 63 Sta. 390, as amended, 40 U.S.C.
486(c).
1511.000 Scope of part.
This Part implements FAR part 11 and provides policy and procedures
for describing Agency needs.
1511.011 Solicitation Provisions and Contract Clauses.
1511.011-70 Reports of work.
Contracting Officers shall insert one of the contract clauses at
1552.211-70 when the contract requires the delivery of reports.
Alternate I should be used to specify reports in contract schedule,
whereas the other clause should be used when reports are specified in
the contract attachment.
1511.011-71 [Reserved]
1511.011-72 Monthly progress report.
Contracting Officers shall insert a contract clause substantially
the same as the clause at 1552.211-72 when monthly progress reports are
required.
1511.011-73 Level of effort.
The Contracting Officer shall insert the clause at 1552.211-73,
Level of Effort, in term form contracts.
1511.011-74 Work assignments.
The Contracting Officer shall insert the contract clause at
1552.211-74, Work Assignments, in cost-reimbursement type term form
contracts when work assignments are used. For Superfund contracts,
except for contracts which require annual conflict of interest
certificates (e.g., Site Specific contracts, the Contract Laboratory
Program (CLP), and Sample Management Office (SMO) contracts), the
Contracting Officer shall use the clause with either Alternate I or
Alternate II. Alternate I shall be used for contractors who have at
least 3 years of records that may be searched for certification
purposes. Alternate II shall be used for contractors who do not have at
least three years of records that may be searched.
1511.011-75 Working files.
Contracting Officers shall insert the contract clause at 1552.211-
75 in all applicable EPA contracts where accurate working files on all
work documentation is required in the performance of the contract.
1511.011-76 Legal analysis.
Contracting Officers shall insert the clause at 1552.211-76 when it
is determined that the contract involves legal analysis.
1511.011-77 Final reports.
Contracting Officers shall insert the contract clause at 1552.211-
77 when a contract requires both a draft and a final report.
1511.011-78 Advisory and assistance services.
Contracting Officers shall insert the contract clause at 1552.211-
78 in all contracts for advisory and assistance services.
1511.011-79 Information resources management.
The Contracting Officer shall insert the clause at 1552.211-79,
Compliance with EPA Policies for Information Resource Management, in
all solicitations and contracts.
PART 1512--[REMOVED]
10. Part 1512 is removed under the authority of Sec. 205(c), 63
Stat. 390 as amended, 40 U.S.C. 486(c).
11. Part 1513 is revised to read as follows:
PART 1513--SIMPLIFIED ACQUISITION PROCEDURES
1513.000 Scope of part.
Subpart 1513.1--General
1513.170 Competition exceptions and justification for sole source
simplified acquisition procedures.
1513.170-1 Contents of sole source justifications.
Subpart 1513.4--Imprest Fund
1513.404 Conditions for use.
Subpart 1513.5--Purchase Orders
1513.505 Purchase order and related forms.
1513.505-2 Agency order forms in lieu of Optional Forms 347 and
348.
1513.507 Clauses.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
1513.000 Scope of part.
This part prescribes EPA policies and procedures for the
acquisition of supplies, nonpersonal services, and construction from
commercial sources, the aggregate amount of which does not exceed the
simplified acquisition threshold.
Subpart 1513.1--General
1513.170 Competition exceptions and justification for sole source
simplified acquisition procedures.
1513.170-1 Contents of sole source justifications.
The program office submitting the procurement request must submit,
as a separate attachment, a brief written statement in support of sole
source acquisitions exceeding the micro-purchase threshold. The
statement must cite one or more of the circumstances in FAR 6.302 and
the necessary facts to support each circumstance. Although program
offices may not cite the authority in FAR 6.302-7, the public interest
may be used as a basis to support a sole source acquisition. If the
acquisition has been synopsized as a notice of proposed sole source
acquisition, the statement must include the results of the evaluation
of responses to the synopsis.
Subpart 1513.4--Imprest Fund
1513.404 Conditions for use.
Imprest funds may be used when the transaction does not exceed $500
($750 under emergency conditions).
Subpart 1513.5--Purchase Orders
1513.505 Purchase order and related forms.
1513.505-2 Agency order forms in lieu of Optional Forms 347 and 348.
Contracting Officers may use the EPA Form 1900-8, Procurement
Request/Order, in lieu of Optional Forms 347 and 348 for individual
purchases prepared in accordance with the instructions printed on the
reverse thereof (see 1553.213-70).
1513.507 Clauses.
(a) It is the general policy of the Environmental Protection Agency
that Contractor or vendor prescribed leases or maintenance agreements
for equipment shall not be executed.
(b) The Contracting Officer shall, where appropriate, insert the
clause at 1552.213-70, Notice to Suppliers of Equipment, in orders for
purchases or leases of automatic data processing equipment, word
processing, and similar types of commercially available equipment for
which vendors, as a matter of routine commercial practice, have
developed their own leases and/or customer service maintenance
agreements.
1516.307 [Amended]
12. Section 1516.307(c) is amended by removing ``1552.216-75'' and
adding in its place ``1552.216-76''.
PART 1519--[AMENDED]
13. The heading of Part 1519 is amended by removing the words
``Small Business and Small Disadvantaged Business Concerns'' and adding
in its place the words ``Small Business Programs.''
14. Part 1519 is amended by removing the words ``Small and
Disadvantaged Business Utilization Specialist'' and
[[Page 57339]]
adding in its place the words ``Small Business Specialist'', by
removing ``SDBUS'' and adding in its place ``SBS'', and by removing the
words ``Small and Disadvantaged Utilization Specialists'' and adding in
its place the words ``Small Business Specialists''.
15. Section 1519.201-1 is redesignated as section 1519.201-71 and
section 1519.201-2 is redesignated as section 1519.201-72.
16. Section 1519.201-72 is amended by removing the sentence ``The
SDBUS is not precluded from being assigned the responsibility for the
labor surplus area program prescribed by FAR Part 20'' in paragraph
(b).
17. Section 1519.201-72 is amended by removing the words ``small
purchase limitation'' and adding, in its place the words ``simplified
acquisition threshold'' in paragraph (c)(3).
1527.409 [Amended]
18. Section 1527.409 is amended by removing the words ``small
purchase limitation and, as appropriate, in small purchases'' and
adding in its place the words ``simplified acquisition threshold and,
as appropriate, in simplified acquisition procedures.''
PART 1532--[AMENDED]
19. Part 1532 is amended to add subpart 1532.2 to read as follows:
Subpart 1532.2--Commercial Item Purchase Financing
1532.201 Statutory authority.
Authority for making the determination under FAR 32.201 is
delegated to a level above the Contracting Officer.
1533.103-70 [Removed]
20. Section 1533.103-70 is removed.
1535.007-70 [Amended]
21. Section 1535.007-70, paragraph (c) is amended by adding
``(TSCA)'' after the words ``Business Information'' in the first
sentence.
22. Subpart 1542.7 is amended to add Section 1542.703-2 to read as
follows:
1542.703-2 Certificate of indirect costs.
The Head of the Contracting Activity may waive the certification
requirement set forth in FAR 42.703-2.
23. Section 1552.209-71 is amended by revising paragraph (c) to
read as follows:
1552.209-71 Organizational conflicts of interest.
* * * * *
(c) When the procurement is accomplished through simplified
acquisition procedures, use of the clause is optional.
* * * * *
1552.210-70 [Amended]
24. Section 1552.210-70 is redesignated as section 1552.211-70.
1552.210-72 [Amended]
25. Section 1552.210-72 is redesignated as section 1552.211-72.
1552.210-75 [Amended]
26. Sections 1552.210-75 through 1552.210-79 are redesignated as
sections 1552.211-75 through 1552.211-79.
1552.210-80 [Amended]
27. Section 1552.210-80 is redesignated as section 1552.209-75.
1552.211-78 [Amended]
28. In newly designated section 1552.211-78, remove the words
``management consulting'' and replace with the words ``advisory and
assistance''.
1552.212-70 [Amended]
29. Section 1552.212-70 is redesignated as section 1552.211-73.
1552.212-71 [Amended]
30. Section 1552.212-71 is redesignated as 1552.211-74.
31. The heading of the clause in section 1552.215-70 is revised to
read as follows:
1552.215-70 EPA Source Evaluation and Selection Procedures--
Procurements (SEP 1996)
As prescribed in 1515.605, insert the following provision: EPA
SOURCE EVALUATION AND SELECTION PROCEDURES - PROCUREMENTS (SEP 1996)
* * * * *
32. The heading of the clause and the title of the clause in
section 1552.235-76 are revised to read as follows:
1552.235-76 Treatment of Confidential Business Information (TSCA) (APR
1996)
As prescribed in 1535.007-70(c), insert the following clause:
TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (TSCA) (APR 1996)
* * * * *
Dated: September 30, 1996.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 96-28424 Filed 11-5-96; 8:45 am]
BILLING CODE 6560-50-P
