EPAAR Clause for Work Assignments, 41949-41953 [2014-15824]
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules
maintenance plan to fulfill the second
10-year maintenance plan requirement,
under section 175A(b) of the Clean Air
Act (CAA), to ensure maintenance of the
1971 SO2 NAAQS through 2025. The
EPA is also proposing to approve a
monitoring network modification for the
area. The EPA is proposing to approve
these revisions pursuant to the CAA.
Written comments must be
received on or before August 18, 2014.
DATES:
Comments may be mailed to
Mr. Guy Donaldson, Chief, Air Planning
Section (6PD–L), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Comments may also be submitted
electronically or through hand delivery/
courier by following the detailed
instructions in the Addresses section of
the direct final rule located in the rules
section of this Federal Register.
ADDRESSES:
Ms.
Dayana Medina (6PD–L), Air Planning
Section, telephone (214) 665–7241, fax
(214) 665–6762, email: medina.dayana@
epa.gov.
FOR FURTHER INFORMATION CONTACT:
In the
final rules section of this Federal
Register, EPA is approving the State’s
request for a limited maintenance plan
submitted on November 1, 2013, for the
Grant County maintenance area for the
1971 sulfur dioxide SO2 NAAQS
because the Agency views this as a
noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
relevant adverse comments are received
in response to this action, no further
activity is contemplated. If EPA receives
adverse comments, the direct final rule
will be withdrawn and all public
comments received will be addressed in
a subsequent final rule based on this
proposed rule. The EPA will not
institute a second comment period. Any
parties interested in commenting on this
action should do so at this time.
For additional information, see the
direct final rule, which is located in the
rules section of this Federal Register.
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SUPPLEMENTARY INFORMATION:
Dated: July 7, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014–16816 Filed 7–17–14; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
41949
Dated: July 7, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014–16825 Filed 7–17–14; 8:45 am]
[EPA–R06–OAR–2011–0919; FRL–9913–91–
Region 6]
BILLING CODE 6560–50–P
Approval and Promulgation of
Implementation Plans; Texas;
Conformity of General Federal Actions
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
State Implementation Plan (SIP)
revisions submitted by the State of
Texas on October 28, 2011. These
revisions remove the State general
conformity provisions from the SIP so
that Federal rules will govern
conformity of general Federal actions
within the State of Texas. The revisions
also update the narrative portion of the
SIP. This action is being taken in
accordance with the Clean Air Act.
DATES: Written comments should be
received on or before August 18, 2014.
ADDRESSES: Comments may be mailed to
Mr. Guy Donaldson, Chief, Air Planning
Section (6PD–L), Environmental
Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202–2733.
Comments may also be submitted
electronically or through hand delivery/
courier by following the detailed
instructions in the ADDRESSES section of
the direct final rule located in the rules
section of this Federal Register.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Riley, (214) 665–8542,
riley.jeffrey@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct rule without
prior proposal because the Agency
views this as noncontroversial submittal
and anticipates no relevant adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action
no further activity is contemplated. If
EPA receives relevant adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period. Any parties
interested in commenting on this action
should do so at this time.
For additional information, see the
direct final rule which is located in the
rules section of this Federal Register.
SUMMARY:
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48 CFR Parts 1511 and 1552
[EPA–HQ–OARM–2012–0476; FRL–9913–
37–OARM]
EPAAR Clause for Work Assignments
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to
update policy, procedures, and contract
clauses. The proposed rule updates
EPAAR clause 1552.211–74, Work
Assignments.
SUMMARY:
Comments must be received on
or before August 18, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OARM–2012–0476, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: valentino.thomas@epa.gov.
• Mail: EPA–HQ–OARM–2012–0476,
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 CenterAttention 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–2012–
0476. 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
DATES:
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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 https://
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
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:
Thomas Valentino, Policy, Training, and
Oversight Division, Office of
Acquisition Management (3802R),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: 202–564–
4522; email address: valentino.thomas@
epa.gov.
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
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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
On 3 December 2009 the Office of
Acquisition Management (OAM) Head
of the Contracting Activity (HCA) issued
a class deviation that revised the
prescription for the subject clause by
eliminating the requirement that EPA
include total estimated labor hours
when issuing work assignments. The
revised prescription is necessary
because including total estimated labor
hours when work assignments are
issued undermines the negotiation
process by providing the contractor no
incentive to seek more efficient or
innovative approaches to meet the
Government’s needs under a work
assignment. The revised prescription
advises contracting officers (COs) that
when the nature of the work is
nonspecific with changing
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circumstances (e.g., services at new
hazardous waste sites, R&D in new areas
with uncertain potential results) then
the CO may provide the contractor with
the estimated labor hours. Otherwise,
COs should not authorize the contractor
to expend the level of effort beyond the
effort needed to develop the work plan.
The revised prescription was published
in the Federal Register on 14 February
2012. As a result, the subject clause text
is being updated to make it consistent
with the revised prescription.
In addition, the WA clause
prescription is modified to make the
clause applicable to EPA costreimbursement contracts, and the
subject prescription and clause are
being updated to add two alternate
clause versions. Currently the subject
clause has Alternates I and II that are
used in Superfund contracts and require
the contractor to provide a COI
certification. This clause update adds
Alternates III and IV which are
substantially the same as I and II but are
written for non-Superfund contracts. A
class deviation for Alternates III and IV
was issued by the HCA on 29 June 1994.
III. Proposed Rule
This proposed rule amends the
EPAAR to revise paragraphs (b) and (c)
in EPAAR clause 1552.211–74, Work
Assignments, and revises paragraph (b)
of its corresponding 1511.011–74
prescription. Alternates III and IV are
also being added to clause 1552.211–74.
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
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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; 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.
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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
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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 of 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 it’s regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
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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 (EO) 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
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 affects.
List of Subjects in 48 CFR Parts 1511
and 1552
Describing agency needs, Solicitation
provisions and contract clauses.
Dated: June 11, 2014.
John R. Bashista,
Director, Office of Acquisition Management.
Therefore, 48 CFR Chapter 15 is
proposed to be amended as set forth
below:
■ 1. The authority citation for 48 CFR
parts 1511 and 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.
PART 1511—DESCRIBING AGENCY
NEEDS
2. Revise paragraph (b) of 1511.011–
74 to read as follows:
■
1511.011–74
*
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Work Assignments.
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(b) Contract Clause. The CO shall
insert the contract clause at
1552.211.74, Work Assignments, in costreimbursement contracts when work
assignments are used.
(1) For Superfund contracts, except
for contracts which require annual
conflict of interest certificates (e.g., SiteSpecific contracts, the Contract
Laboratory Program (CLP), Sample
Management Office (SMO) contracts),
the CO shall use the clause with either
Alternate I or Alternate II. Alternate I
shall be used for contractors who have
at least three (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 (3) years of records that may be
searched.
(2) For non-Superfund contracts, the
CO shall use the clause with either
Alternate III or Alternate IV. Alternate
III shall be used for contractors who
have at least three (3) years of records
that may be searched for certification
purposes. Alternate IV shall be used for
contractors who do not have at least
three (3) years of records that may be
searched.
PART 1552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Revise 1552.211–74 to read as
follows:
■
1552.211–74
Work Assignments.
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As prescribed in 1511.011–74, insert
the following contract clause in costreimbursement contracts when work
assignments are to be used.
Work Assignments (ll 2013)
(a) The contractor shall perform work
under this contract as specified in written
work assignments issued by the Contracting
Officer.
(b) Each work assignment may include (1)
a numerical designation, (2) approved
workplan labor hours or an estimated initial
level of effort provided in accordance with
1511.011–74, (3) the period of performance
and schedule of deliverables, and (4) the
description of the work.
(c) The Contractor shall acknowledge
receipt of each work assignment by returning
to the Contracting Officer a signed copy of
the work assignment within ll calendar
days after its receipt. The Contractor shall
begin working on a work plan immediately
upon receipt of a work assignment. Within
ll calendar days after receipt of a work
assignment, the Contractor shall submit ll
copies of a work plan to the Contract-level
Contracting Officer’s Representative and ll
copies to the Contracting Officer. The work
plan shall include a detailed technical and
staffing plan and a detailed cost estimate.
Within ll calendar days after receipt of the
work plan, the Contracting Officer will
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provide written approval or disapproval of it
to the Contractor. The Contractor is not
authorized to start work without an approved
work plan unless approved by the
Contracting Officer or otherwise specified.
Also, if the Contracting Officer disapproves
a work plan, the Contractor shall stop work
until the problem causing the disapproval is
resolved. In either case, the Contractor shall
resume work only when the Contracting
Officer approves the work plan.
(d) This clause does not change the
requirements of the ‘‘Level of Effort’’ clause,
nor the notification requirements of either
the ‘‘Limitation of Cost’’ or ‘‘Limitation of
Funds’’ clauses.
(e) Work assignments shall not allow for
any change to the terms or conditions of the
contract. Where any language in the work
assignment may suggest a change to the terms
or conditions, the Contractor shall
immediately notify the Contracting Officer.
(End of clause)
Alternate I. As prescribed in
1511.011–74, modify the existing clause
by adding the following paragraph (f) to
the basic clause:
(f) Within 20 days of receipt of the work
assignment or similar tasking document, the
Contractor shall provide a conflict of interest
(COI) certification. Where work assignments
or similar tasking documents are issued
under this contract for work on or directly
related to a site, the Contractor is only
required to provide a COI certification for the
first work assignment issued for that site. For
all subsequent work on that site under this
contract, the Contractor has a continuing
obligation to search and report any actual or
potential COIs, but no additional COI
certifications are required.
Before submitting the COI certification, the
Contractor shall search its records
accumulated, at a minimum, over the past
three years immediately prior to the receipt
of the work assignment or similar tasking
document. In the COI certification, the
Contractor must certify to the best of the
Contractor’s knowledge and belief that all
actual or potential organizational COIs have
been reported to the Contracting Officer, or
that to the best of the Contractor’s knowledge
and belief, no actual or potential
organizational COIs exist. In addition, the
Contractor must certify that its personnel
who perform work under this work
assignment or relating to this work
assignment have been informed of their
obligation to report personal and
organizational COIs to the Contractor. The
COI certification shall also include a
statement that the Contractor recognizes its
continuing obligation to identify and report
any actual or potential COI arising during
performance of this work assignment or other
work related to this site.
Alternate II. As prescribed in
1511.011–74, modify the existing clause
by adding the following paragraph (f) to
the basic clause:
(f) Within 20 days of receipt of the work
assignment or similar tasking document, the
Contractor shall provide a conflict of interest
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(COI) certification. Where work assignments
or similar tasking documents are issued
under this contract for work on or directly
related to a site, the Contractor is only
required to provide a COI certification for the
first work assignment issued for that site. For
all subsequent work on that site under this
contract, the Contractor has a continuing
obligation to search and report any actual or
potential COIs, but no additional COI
certifications are required.
Before submitting the COI certification, the
Contractor shall initially search through all of
its available records to identify any actual or
potential COIs. During the first three years of
this contract, the Contractor shall search
through all records created since the
beginning of the contract plus the records of
the Contractor prior to the award of the
contract until a minimum of three years of
records are accumulated. Once three years of
records have accumulated, prior to certifying,
the Contractor shall search its records
accumulated, at a minimum, over the past
three years immediately prior to the receipt
of the work assignment or similar tasking
document. In the COI certification, the
Contractor must certify to the best of the
Contractor’s knowledge and belief, that all
actual or potential organizational COIs have
been reported to the Contracting Officer, or
that to the best of the Contractor’s knowledge
and belief, no actual or potential
organizational COIs exist. In addition, the
Contractor must certify that its personnel
who perform work under this work
assignment or relating to this work
assignment have been informed of their
obligation to report personal and
organizational COIs to the Contractor. The
COI certification shall also include a
statement that the Contractor recognizes its
continuing obligation to identify and report
any actual or potential COI arising during
performance of this work assignment or other
work related to this site.
Alternate III. As prescribed in
1511.011–74, modify the existing clause
by adding the following paragraph (f) to
the basic clause:
(f) Within 20 days of receipt of the work
assignment or similar tasking document, the
Contractor shall provide a conflict of interest
(COI) certification.
Before submitting the COI certification, the
Contractor shall search its records
accumulated, at a minimum, over the past
three years immediately prior to the receipt
of the work assignment or similar tasking
document. In the COI certification, the
Contractor must certify to the best of the
Contractor’s knowledge and belief that all
actual or potential organizational COIs have
been reported to the Contracting Officer, or
that to the best of the Contractor’s knowledge
and belief, no actual or potential
organizational COIs exist. In addition, the
Contractor must certify that its personnel
who perform work under this work
assignment or relating to this work
assignment have been informed of their
obligation to report personal and
organizational COIs to the Contractor. The
COI certification shall also include a
statement that the Contractor recognizes its
E:\FR\FM\18JYP1.SGM
18JYP1
Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules
continuing obligation to identify and report
any actual or potential COI arising during
performance of this work assignment.
Alternate IV. As prescribed in
1511.011–74, modify the existing clause
by adding the following paragraph (f) to
the basic clause:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
(f) Within 20 days of receipt of the work
assignment or similar tasking document, the
Contractor shall provide a conflict of interest
(COI) certification.
Before submitting the COI certification, the
Contractor shall initially search through all of
its available records to identify any actual or
potential COIs. During the first three years of
VerDate Mar<15>2010
17:04 Jul 17, 2014
Jkt 232001
this contract, the Contractor shall search
through all records created since the
beginning of the contract plus records of the
Contractor prior to the award of the contract
until a minimum of three years of records
have accumulated. Once three years of
records have accumulated, prior to certifying,
the Contractor shall search its records, at a
minimum, over the past three years
immediately prior to the receipt of the work
assignment or similar tasking document. In
the COI certification, the Contractor must
certify to the best of the Contractor’s
knowledge and belief that all actual or
potential organizational COIs have been
reported to the Contracting Officer, or that to
the best of the Contractor’s knowledge and
PO 00000
Frm 00027
Fmt 4702
Sfmt 9990
41953
belief, no actual or potential organizational
COIs exist. In addition, the Contractor must
certify that its personnel who perform work
under this work assignment or relating to this
work assignment have been informed of their
obligation to report personal and
organizational COIs to the Contractor. The
COI certification shall also include a
statement that the Contractor recognizes its
continuing obligation to identify and report
any actual or potential COI arising during
performance of this work assignment.
(End of clause)
[FR Doc. 2014–15824 Filed 7–17–14; 8:45 am]
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]]>Agencies
[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Proposed Rules]
[Pages 41949-41953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15824]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1511 and 1552
[EPA-HQ-OARM-2012-0476; FRL-9913-37-OARM]
EPAAR Clause for Work Assignments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to update policy, procedures, and
contract clauses. The proposed rule updates EPAAR clause 1552.211-74,
Work Assignments.
DATES: Comments must be received on or before August 18, 2014.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2012-0476, by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: valentino.thomas@epa.gov.
Mail: EPA-HQ-OARM-2012-0476, 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-
2012-0476. 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
[[Page 41950]]
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 https://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 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: Thomas Valentino, Policy, Training,
and Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: 202-564-4522; email address:
valentino.thomas@epa.gov.
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
On 3 December 2009 the Office of Acquisition Management (OAM) Head
of the Contracting Activity (HCA) issued a class deviation that revised
the prescription for the subject clause by eliminating the requirement
that EPA include total estimated labor hours when issuing work
assignments. The revised prescription is necessary because including
total estimated labor hours when work assignments are issued undermines
the negotiation process by providing the contractor no incentive to
seek more efficient or innovative approaches to meet the Government's
needs under a work assignment. The revised prescription advises
contracting officers (COs) that when the nature of the work is
nonspecific with changing circumstances (e.g., services at new
hazardous waste sites, R&D in new areas with uncertain potential
results) then the CO may provide the contractor with the estimated
labor hours. Otherwise, COs should not authorize the contractor to
expend the level of effort beyond the effort needed to develop the work
plan. The revised prescription was published in the Federal Register on
14 February 2012. As a result, the subject clause text is being updated
to make it consistent with the revised prescription.
In addition, the WA clause prescription is modified to make the
clause applicable to EPA cost-reimbursement contracts, and the subject
prescription and clause are being updated to add two alternate clause
versions. Currently the subject clause has Alternates I and II that are
used in Superfund contracts and require the contractor to provide a COI
certification. This clause update adds Alternates III and IV which are
substantially the same as I and II but are written for non-Superfund
contracts. A class deviation for Alternates III and IV was issued by
the HCA on 29 June 1994.
III. Proposed Rule
This proposed rule amends the EPAAR to revise paragraphs (b) and
(c) in EPAAR clause 1552.211-74, Work Assignments, and revises
paragraph (b) of its corresponding 1511.011-74 prescription. Alternates
III and IV are also being added to clause 1552.211-74.
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
[[Page 41951]]
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; 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.
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 of 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 it's 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 (EO) 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
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 affects.
List of Subjects in 48 CFR Parts 1511 and 1552
Describing agency needs, Solicitation provisions and contract
clauses.
Dated: June 11, 2014.
John R. Bashista,
Director, Office of Acquisition Management.
Therefore, 48 CFR Chapter 15 is proposed to be amended as set forth
below:
0
1. The authority citation for 48 CFR parts 1511 and 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.
PART 1511--DESCRIBING AGENCY NEEDS
0
2. Revise paragraph (b) of 1511.011-74 to read as follows:
1511.011-74 Work Assignments.
* * * * *
[[Page 41952]]
(b) Contract Clause. The CO shall insert the contract clause at
1552.211.74, Work Assignments, in cost-reimbursement contracts when
work assignments are used.
(1) For Superfund contracts, except for contracts which require
annual conflict of interest certificates (e.g., Site-Specific
contracts, the Contract Laboratory Program (CLP), Sample Management
Office (SMO) contracts), the CO shall use the clause with either
Alternate I or Alternate II. Alternate I shall be used for contractors
who have at least three (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 (3) years of records that may be searched.
(2) For non-Superfund contracts, the CO shall use the clause with
either Alternate III or Alternate IV. Alternate III shall be used for
contractors who have at least three (3) years of records that may be
searched for certification purposes. Alternate IV shall be used for
contractors who do not have at least three (3) years of records that
may be searched.
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Revise 1552.211-74 to read as follows:
1552.211-74 Work Assignments.
As prescribed in 1511.011-74, insert the following contract clause
in cost-reimbursement contracts when work assignments are to be used.
Work Assignments (---- 2013)
(a) The contractor shall perform work under this contract as
specified in written work assignments issued by the Contracting
Officer.
(b) Each work assignment may include (1) a numerical
designation, (2) approved workplan labor hours or an estimated
initial level of effort provided in accordance with 1511.011-74, (3)
the period of performance and schedule of deliverables, and (4) the
description of the work.
(c) The Contractor shall acknowledge receipt of each work
assignment by returning to the Contracting Officer a signed copy of
the work assignment within ---- calendar days after its receipt. The
Contractor shall begin working on a work plan immediately upon
receipt of a work assignment. Within ---- calendar days after
receipt of a work assignment, the Contractor shall submit ----
copies of a work plan to the Contract-level Contracting Officer's
Representative and ---- copies to the Contracting Officer. The work
plan shall include a detailed technical and staffing plan and a
detailed cost estimate. Within ---- calendar days after receipt of
the work plan, the Contracting Officer will provide written approval
or disapproval of it to the Contractor. The Contractor is not
authorized to start work without an approved work plan unless
approved by the Contracting Officer or otherwise specified. Also, if
the Contracting Officer disapproves a work plan, the Contractor
shall stop work until the problem causing the disapproval is
resolved. In either case, the Contractor shall resume work only when
the Contracting Officer approves the work plan.
(d) This clause does not change the requirements of the ``Level
of Effort'' clause, nor the notification requirements of either the
``Limitation of Cost'' or ``Limitation of Funds'' clauses.
(e) Work assignments shall not allow for any change to the terms
or conditions of the contract. Where any language in the work
assignment may suggest a change to the terms or conditions, the
Contractor shall immediately notify the Contracting Officer.
(End of clause)
Alternate I. As prescribed in 1511.011-74, modify the existing
clause by adding the following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work assignment or similar
tasking document, the Contractor shall provide a conflict of
interest (COI) certification. Where work assignments or similar
tasking documents are issued under this contract for work on or
directly related to a site, the Contractor is only required to
provide a COI certification for the first work assignment issued for
that site. For all subsequent work on that site under this contract,
the Contractor has a continuing obligation to search and report any
actual or potential COIs, but no additional COI certifications are
required.
Before submitting the COI certification, the Contractor shall
search its records accumulated, at a minimum, over the past three
years immediately prior to the receipt of the work assignment or
similar tasking document. In the COI certification, the Contractor
must certify to the best of the Contractor's knowledge and belief
that all actual or potential organizational COIs have been reported
to the Contracting Officer, or that to the best of the Contractor's
knowledge and belief, no actual or potential organizational COIs
exist. In addition, the Contractor must certify that its personnel
who perform work under this work assignment or relating to this work
assignment have been informed of their obligation to report personal
and organizational COIs to the Contractor. The COI certification
shall also include a statement that the Contractor recognizes its
continuing obligation to identify and report any actual or potential
COI arising during performance of this work assignment or other work
related to this site.
Alternate II. As prescribed in 1511.011-74, modify the existing
clause by adding the following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work assignment or similar
tasking document, the Contractor shall provide a conflict of
interest (COI) certification. Where work assignments or similar
tasking documents are issued under this contract for work on or
directly related to a site, the Contractor is only required to
provide a COI certification for the first work assignment issued for
that site. For all subsequent work on that site under this contract,
the Contractor has a continuing obligation to search and report any
actual or potential COIs, but no additional COI certifications are
required.
Before submitting the COI certification, the Contractor shall
initially search through all of its available records to identify
any actual or potential COIs. During the first three years of this
contract, the Contractor shall search through all records created
since the beginning of the contract plus the records of the
Contractor prior to the award of the contract until a minimum of
three years of records are accumulated. Once three years of records
have accumulated, prior to certifying, the Contractor shall search
its records accumulated, at a minimum, over the past three years
immediately prior to the receipt of the work assignment or similar
tasking document. In the COI certification, the Contractor must
certify to the best of the Contractor's knowledge and belief, that
all actual or potential organizational COIs have been reported to
the Contracting Officer, or that to the best of the Contractor's
knowledge and belief, no actual or potential organizational COIs
exist. In addition, the Contractor must certify that its personnel
who perform work under this work assignment or relating to this work
assignment have been informed of their obligation to report personal
and organizational COIs to the Contractor. The COI certification
shall also include a statement that the Contractor recognizes its
continuing obligation to identify and report any actual or potential
COI arising during performance of this work assignment or other work
related to this site.
Alternate III. As prescribed in 1511.011-74, modify the existing
clause by adding the following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work assignment or similar
tasking document, the Contractor shall provide a conflict of
interest (COI) certification.
Before submitting the COI certification, the Contractor shall
search its records accumulated, at a minimum, over the past three
years immediately prior to the receipt of the work assignment or
similar tasking document. In the COI certification, the Contractor
must certify to the best of the Contractor's knowledge and belief
that all actual or potential organizational COIs have been reported
to the Contracting Officer, or that to the best of the Contractor's
knowledge and belief, no actual or potential organizational COIs
exist. In addition, the Contractor must certify that its personnel
who perform work under this work assignment or relating to this work
assignment have been informed of their obligation to report personal
and organizational COIs to the Contractor. The COI certification
shall also include a statement that the Contractor recognizes its
[[Page 41953]]
continuing obligation to identify and report any actual or potential
COI arising during performance of this work assignment.
Alternate IV. As prescribed in 1511.011-74, modify the existing
clause by adding the following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work assignment or similar
tasking document, the Contractor shall provide a conflict of
interest (COI) certification.
Before submitting the COI certification, the Contractor shall
initially search through all of its available records to identify
any actual or potential COIs. During the first three years of this
contract, the Contractor shall search through all records created
since the beginning of the contract plus records of the Contractor
prior to the award of the contract until a minimum of three years of
records have accumulated. Once three years of records have
accumulated, prior to certifying, the Contractor shall search its
records, at a minimum, over the past three years immediately prior
to the receipt of the work assignment or similar tasking document.
In the COI certification, the Contractor must certify to the best of
the Contractor's knowledge and belief that all actual or potential
organizational COIs have been reported to the Contracting Officer,
or that to the best of the Contractor's knowledge and belief, no
actual or potential organizational COIs exist. In addition, the
Contractor must certify that its personnel who perform work under
this work assignment or relating to this work assignment have been
informed of their obligation to report personal and organizational
COIs to the Contractor. The COI certification shall also include a
statement that the Contractor recognizes its continuing obligation
to identify and report any actual or potential COI arising during
performance of this work assignment.
(End of clause)
[FR Doc. 2014-15824 Filed 7-17-14; 8:45 am]
BILLING CODE 6560-50-P
