EPAAR Clause for Work Assignments, 75434-75437 [2014-29311]

Download as PDF 75434 Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations particular applicability. This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. In addition, therefore, it does not contain any information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. Federal Communications Commission. Nazifa Sawez, Assistant Chief, Audio Division, Media Bureau. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: q. Remove Madras, under Oregon, Channel *243C1 and The Dalles, Channel *268C3. ■ r. Remove Susquehanna, under Pennsylvania, Channel *227A. ■ s. Remove Burnet, under Texas, Channel *240A and Denver City, Channel *248C2. ■ t. Remove Shenandoah, under Virginia, Channel *296A. ■ u. Remove Chewlah, under Washington, Channel *274C3. ■ v. Remove St Marys, under West Virginia, Channel *287A. ■ w. Remove Augusta, under Wisconsin, Channel *268C3 and Washburn, Channel *284A. ■ x. Remove Channel *226A, under Virgin Islands, at Charlotte Amalie. ■ [FR Doc. 2014–29584 Filed 12–17–14; 8:45 am] BILLING CODE 6712–01–P PART 73—RADIO BROADCASTING SERVICES DEPARTMENT OF DEFENSE 1. The authority citation for part 73 continues to read as follows: GENERAL SERVICES ADMINISTRATION ■ Authority: 47 U.S.C. 154, 303, 334, 336, and 339. § 73.202 [Amended] 2. Amend § 73.202(b), the Table of FM Allotments, as follows: ■ a. Remove Anniston, under Alabama, Channel *261C3. ■ b. Remove Willcox, under Arizona, Channel *223C3. ■ c. Remove McKinleyville, under California, Channel *277C3. ■ d. Remove Big Pine Key, under Florida, Channel *239A and Live Oak, Channel *261A. ■ e. Remove Reynolds, under Georgia, Channel *245A. ■ f. Remove Weiser, under Idaho, Channel *280C1. ■ g. Remove Canton, under Illinois, Channel *277A; Clifton, Channel *297A; and Freeport, Channel *295A. ■ h. Remove Columbus, under Indiana, Channel *228A and Farmersburg, Channel *242A. ■ i. Remove Moville, under Iowa, Channel *246A. ■ j. Remove Smith Mills, under Kentucky, Channel *233A. ■ k. Remove Ringgold, under Louisiana, Channel *253C3. ■ l. Remove Hubbardston, under Michigan, Channel *279A. ■ m. Remove Huntsville, under Missouri, Channel *278C2. ■ n. Remove Alamo Community, under New Mexico, Channel *298A. ■ o. Remove Berthold, under North Dakota, Channel *264C. ■ p. Remove Weatherford, under Oklahoma, Channel *286A and Wynnewood, Channel *283A. ■ tkelley on DSK3SPTVN1PROD with RULES NATIONAL AERONAUTICS AND SPACE ADMINISTRATION VerDate Sep<11>2014 17:09 Dec 17, 2014 Jkt 235001 48 CFR Parts 1, 22, and 52 [FAC 2005–79; FAR Case 2015–003; Item I; Docket No. 2014–0050; Sequence No. 1] RIN 9000–AM82 Federal Acquisition Regulation; Establishing a Minimum Wage for Contractors Correction In rule document 2014–29137 beginning on page 74544 in the issue of Monday, December 15, 2014, make the following corrections: 1. On page 74545, in the first column, in the 8th line, ‘‘February 13, 2015’’ should read ‘‘December 15, 2014’’. 2. On the same page, in the second column, in the seventh line, remove the word ‘‘Applicability’’. PART 1—FEDERAL ACQUISITION REGULATIONS SYSTEM 3. On page 74549, in Part 1, in the third column, in the fourteenth and fifteenth lines, the heading for Part 1 is correction to read as set forth above. ■ § 52.212–5 [Corrected] 4. On page 74552, in section 52.212– 5(c)(10), in the second column, in the sixteenth line, ‘‘DEC 2014)’’ should read ‘‘(DEC 2014)’’. ■ [FR Doc. C1–2014–29137 Filed 12–17–14; 8:45 am] BILLING CODE 1505–01–D PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 48 CFR Parts 1511 and 1552 [EPA–HQ–OARM–2012–0476; FRL 9920–48– OARM] EPAAR Clause for Work Assignments Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) amends the EPA Acquisition Regulation (EPAAR) to update policy, procedures, and contract clauses. This final rule updates the EPAAR clause, Work Assignments. DATES: This final rule is effective on December 18, 2014. ADDRESSES: 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: SUMMARY: I. Background On December 3, 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 E:\FR\FM\18DER1.SGM 18DER1 Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 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, Research & Development 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 February 14, 2012. As a result, the subject clause text is being updated to make it consistent with the revised prescription. In addition, the work assignment 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 June 29, 1994. On July 18, 2014 (79 FR 41949) EPA sought comments on the proposed rule and received no comments. II. Final Rule This final rule updates the EPAAR to revise paragraphs (b) and (c) in EPAAR clause 1552.211–74, Work Assignments, and revises paragraph (b) of the corresponding 1511.011–74 prescription. Alternates III and IV are also being added to clause 1552.211–74. III. Statutory and Executive Order Reviews tkelley on DSK3SPTVN1PROD with RULES 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 E.O. B. Paperwork Reduction Act This action does not impose an information collection burden under the provisions of the Paperwork Reduction VerDate Sep<11>2014 17:09 Dec 17, 2014 Jkt 235001 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 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 recordkeeping. 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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 75435 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 E:\FR\FM\18DER1.SGM 18DER1 75436 Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 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 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 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 (E.O.) 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. tkelley on DSK3SPTVN1PROD with RULES List of Subjects PART 1511—DESCRIBING AGENCY NEEDS 1. The authority citation for 48 CFR part 1511 continues to read as follows: ■ Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). 2. Revise paragraph (b) of 1511.011– 74 to read as follows: ■ 1511.011–74 Work Assignments. * * * * * (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. The authority citation for 48 CFR part 1552 continues to read as follows: ■ Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c); and 41 U.S.C. 418b. 4. Revise 1552.211–74 to read as follows: 1552.211–74 Government procurement. 48 CFR Part 1552 Government procurement, Reporting and recordkeeping requirements. 17:09 Dec 17, 2014 Therefore, 48 CFR chapter 15 is amended as set forth below: ■ 48 CFR Part 1511 VerDate Sep<11>2014 Dated: December 1, 2014. John R. Bashista, Director, Office of Acquisition Management. Jkt 235001 Work assignments. As prescribed in 1511.011–74, insert the following contract clause in costreimbursement contracts when work assignments are to be used. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 Work Assignments (DEC 2014) (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 l calendar days after its receipt. The Contractor shall begin working on a work plan immediately upon receipt of a work assignment. Within l calendar days after receipt of a work assignment, the Contractor shall submit l copies of a work plan to the Contract-level Contracting Officer’s Representative and l copies to the Contracting Officer. The work plan shall include a detailed technical and staffing plan and a detailed cost estimate. Within l 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 E:\FR\FM\18DER1.SGM 18DER1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 243 / Thursday, December 18, 2014 / Rules and Regulations 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. VerDate Sep<11>2014 17:09 Dec 17, 2014 Jkt 235001 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. 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. 2014–29311 Filed 12–17–14; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 75437 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 392 and 396 [Docket No. FMCSA–2012–0336] RIN 2126–AB46 Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (DVIR) Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: FMCSA rescinds the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce, except drivers of passenger-carrying CMVs, submit, and motor carriers retain, DVIRs when the driver has neither found nor been made aware of any vehicle defects or deficiencies. This rule also harmonizes the pre- and post-trip inspection lists. It responds in part to the President’s January 2011 Regulatory Review and Reform initiative, removing a significant information collection burden without adversely impacting safety. The Agency also makes a technical change to § 396.11 to eliminate redundant language. SUMMARY: This final rule is effective December 18, 2014. Petitions for Reconsideration of this final rule must be submitted to FMCSA Administrator no later than January 20, 2015. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Mike Huntley, Vehicle and Roadside Operations Division, Office of Bus and Truck Standards and Operations, Federal Motor Carrier Safety Administration, telephone: 202–366– 4325. DATES: SUPPLEMENTARY INFORMATION: Executive Summary of the Benefits and Costs This rule affects all motor carriers currently subject to 49 CFR 396.11, both private and for-hire, with the exception of operators of passenger-carrying CMVs. Current safety regulations require drivers employed by motor carriers to prepare a written report at the completion of each day’s work, on each vehicle operated, that lists any defect or deficiency discovered by or reported to the driver which would affect the safety of operation of the vehicle or result in its mechanical breakdown. This report must be submitted to the employing E:\FR\FM\18DER1.SGM 18DER1

Agencies

[Federal Register Volume 79, Number 243 (Thursday, December 18, 2014)]
[Rules and Regulations]
[Pages 75434-75437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29311]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1511 and 1552

[EPA-HQ-OARM-2012-0476; FRL 9920-48-OARM]


EPAAR Clause for Work Assignments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) amends the EPA 
Acquisition Regulation (EPAAR) to update policy, procedures, and 
contract clauses. This final rule updates the EPAAR clause, Work 
Assignments.

DATES: This final rule is effective on December 18, 2014.

ADDRESSES: 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. Background

    On December 3, 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

[[Page 75435]]

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, Research & Development 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 February 14, 2012. As a result, the subject clause 
text is being updated to make it consistent with the revised 
prescription.
    In addition, the work assignment 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 June 29, 1994. On July 18, 2014 (79 FR 41949) 
EPA sought comments on the proposed rule and received no comments.

II. Final Rule

    This final rule updates the EPAAR to revise paragraphs (b) and (c) 
in EPAAR clause 1552.211-74, Work Assignments, and revises paragraph 
(b) of the corresponding 1511.011-74 prescription. Alternates III and 
IV are also being added to clause 1552.211-74.

III. 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 E.O.

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 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 
recordkeeping. 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

[[Page 75436]]

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 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 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 (E.O.) 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

48 CFR Part 1511

    Government procurement.

48 CFR Part 1552

    Government procurement, Reporting and recordkeeping requirements.

    Dated: December 1, 2014.
John R. Bashista,
Director, Office of Acquisition Management.

    Therefore, 48 CFR chapter 15 is amended as set forth below:

PART 1511--DESCRIBING AGENCY NEEDS

0
1. The authority citation for 48 CFR part 1511 continues to read as 
follows:

    Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).


0
2. Revise paragraph (b) of 1511.011-74 to read as follows:


1511.011-74  Work Assignments.

* * * * *
    (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. The authority citation for 48 CFR part 1552 continues to read as 
follows:

    Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 
40 U.S.C. 486(c); and 41 U.S.C. 418b.


0
4. 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 (DEC 2014)

    (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

[[Page 75437]]

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 
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. 2014-29311 Filed 12-17-14; 8:45 am]
BILLING CODE 6560-50-P