[Federal Register Volume 64, Number 145 (Thursday, July 29, 1999)]
[Rules and Regulations]
[Pages 41042-41043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19435]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Part 1509
[FRL-6409-6]
Acquisition Regulation: Contractor Performance Evaluations
AGENCY: Environmental Protection Agency
ACTION: Final rule; technical amendment.
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SUMMARY: The Environmental Protection Agency is revising its EPA
Acquisition Regulation (48 CFR Chapter 15) concerning contractor
performance evaluations to clarify that contractor performance
evaluations will be completed after each 12 month period from the
effective date of contract. The final rule dated April 26, 1999 (64 FR
20201) indicated that contractor performance evaluations will be
completed each 12 months after contract award. Because an EPA contract
award date may commence prior to the contract effective date, EPA's
regulation will be technically amended to reflect that contractor
performance evaluations will be completed each 12 months after the
effective date of contract.
DATES: This amendment was effective as of May 26, 1999.
FOR FURTHER INFORMATION CONTACT: Frances Smith, U.S. Environmental
Protection Agency, Office of Acquisition Management, (3802R), 401 M
Street, SW, Washington, D.C. 20460, Telephone: (202) 564-4368.
SUPPLEMENTARY INFORMATION:
A. Background
The final rule for contractor performance evaluations was published
in the Federal Register on April 26, 1999 (64 FR 20201). The final rule
indicated that contractor performance evaluations will be completed
each 12 months after contract award. EPA contracts often have a
contract award date and a contract effective date which may or may not
be the same date. As such, this technical amendment provides a revision
to the EPA Acquisition Regulation to clarify that contractor
performance evaluations will be completed each 12 months after the
[[Page 41043]]
effective date of contract. The effective date of contract denotes the
beginning of contractor performance.
B. Executive Order 12866
This action is a technical amendment to the final rule concerning
contractor performance evaluations (April 26, 1999, 64 FR 20201). This
technical amendment is not a ``significant regulatory action'' and is
therefore not subject to review by the Office of Management and Budget.
C. Paperwork Reduction Act
This technical amendment merely changes the wording in the final
rule (April 26, 1999, 64 FR 20201) to reflect that contractor
performance evaluations will be completed each 12 months after the
effective date of contract. Reference the final rule for an analysis
pertaining to the Paperwork Reduction Act.
D. Regulatory Flexibility Act
This technical amendment does not exert a significant economic
impact on a substantial number of small entities. The final rule (April
26, 1999, 64 FR 20201) for contractor performance evaluations provides
supporting rationale.
E. The National Technology Transfer and Advancement Act
As referenced in the final rule (April 26, 1999, 64 FR 20201),
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (``NTTAA''), Public Law 104-113, section 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. The NTTAA directs EPA
to provide Congress, through the Office of Management and Budget,
explanations when the Agency decides not to use available and
applicable voluntary consensus standards. This technical amendment does
not involve technical standards. Therefore, EPA did not consider the
use of any voluntary consensus standards.
F. Executive Order 12875: Enhancing the Intergovernmental
Partnership
This technical amendment does not create a mandate on State, local
or tribal governments. Reference the final rule (April 26, 1999, 64 FR
20201) for an analysis concerning Executive Order 12875.
G. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
This technical amendment does not significantly or uniquely affect
the communities of Indian tribal governments. Reference the final rule
(April 26, 1999, 64 FR 20201) for a complete analysis.
H. Unfunded Mandates
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. This technical amendment does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in aggregate, or the private
sector in one year. This technical amendment is not subject to the
requirements of sections 202 and 205 of the UMRA. Reference the final
rule (April 26, 1999, 64 FR 20201).
I. Executive Order 13045
Protection of Children from Environmental Health Risks 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 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency. Reference the final rule (April
26, 1999, 64 FR 20201).
This technical amendment is not subject to E.O. 13045 because it is
not an economically significant rule as defined by E.O. 12866, and
because it does not involve decisions on environmental health or
safety.
J. Submission to Congress and the General Accounting Office
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 808 allows the issuing agency to make a rule
effective sooner than otherwise provided by the CRA if the agency makes
a good cause finding that notice and public procedure is impracticable,
unnecessary or contrary to the public interest. This finding must be
supported by a brief statement (5 U.S.C. 808(2)). We are making a good
cause finding for this rule under 5 U.S.C. 553(b) that notice and
comment are unnecessary because this rule is a minor technical
clarification as described earlier. In light of this finding, we have
established an effective date of May 26, 1999. EPA will submit a report
containing this technical amendment and other required information to
the U.S. Senate, the U.S. House of Representatives and the Comptroller
General of the United States prior to publication of the rule in the
Federal Register. This technical amendment is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
List of Subjects in 48 CFR Part 1509
Environmental protection, Government procurement.
Therefore, 48 CFR Chapter 15 is amended as set forth below:
1. The authority citation for part 1509 continues to read as
follows:
Authority: The provisions of this regulation are issued under 5
U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended.
2. Section 1509.170-4 is amended by revising paragraph (b) to read
as follows:
Sec. 1509.170-4 Definitions.
* * * * *
(b) Interim Report refers to a Contractor Performance Report that
covers each 12 month period after the effective date of contract.
* * * * *
3. Section 1509.170-5 is amended by revising paragraph (d) to read
as follows:
Sec. 1509.170-5 Policy.
* * * * *
(d) The contracting officer must complete interim Reports covering
each 12 month period after the effective date of contract for all
contracts in excess of $100,000, except those acquisitions identified
in 1509.170-3, Applicability. In addition to interim Reports, the
contracting officer must complete a final Report which covers the last
12 months (or less) of contract performance.
* * * * *
Pat Patterson,
Acting Director, Office of Acquisition Management.
[FR Doc. 99-19435 Filed 7-28-99; 8:45 am]
BILLING CODE 6560-50-P
