Environmental Protection Agency Acquisition Regulation (EPAAR); Source Selection and Payments, 20167-20170 [2015-08665]
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Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations
II. Public Comments
EPA received no comments on the
proposed action during the comment
period.
III. Final Action
EPA is determining that the Southeast
Desert nonattainment area has attained
the 1-hour ozone National Ambient Air
Quality Standard, based on complete,
quality-assured and certified ambient air
quality monitoring data for the 2011 to
2013 monitoring period. Preliminary
data available for 2014, from January
through December, are consistent with
continued attainment.
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IV. Statutory and Executive Order
Reviews
This action makes a determination
based on air quality data and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999); is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and,
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
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Executive Order 13175 (65 FR 67249,
November 9, 2000), because it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by June 15, 2015.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Oxides of nitrogen, Ozone, Volatile
organic compounds.
Dated: April 6, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.282 is amended by
adding paragraph (g) to read as follows:
■
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§ 52.282
Ozone.
20167
Control strategy and regulations:
*
*
*
*
*
(g) Determination of attainment. EPA
has determined that, as of May 15, 2015,
the Southeast Desert 1-hour ozone
nonattainment area has attained the 1hour ozone standard, based upon
complete, quality-assured and certified
ambient air quality monitoring data for
2011–2013.
[FR Doc. 2015–08582 Filed 4–14–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Parts 1515 and 1552
[EPA–HQ–OARM–2015–0182; FRL 9923–85–
OARM]
Environmental Protection Agency
Acquisition Regulation (EPAAR);
Source Selection and Payments
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to
remove source selection guidance and
clauses that are not consistent with
current EPA internal operating
procedures for source selections.
Additionally, EPA is deleting a clause
for Payments—Fixed Rate Services
Contracts because it is inconsistent with
sections in the Federal Acquisition
Regulation (FAR). EPA does not
anticipate any adverse comments.
DATES: This rule is effective on June 15,
2015 without further notice, unless
adverse comment is received May 15,
2015. If adverse comment is received,
the EPA will publish a timely
withdrawal of the rule in the Federal
Register.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–HQ–
OARM–2015–0182 by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• Email: docket.oei@epa.gov
• Fax: (202) 566–1753
• Mail: EPA–HQ–OARM–2015–0182,
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
ADDRESSES:
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Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations
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–2015–
0182. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your 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 https://
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 https://
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 https://
www.regulations.gov or in hard copy at
the Government Property—Contract
Property Administration 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
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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:
Staci Ramrakha, Policy, Training, and
Oversight Division, Acquisition Policy
and Training Service Center (3802R),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460; telephone number: 202–564–
2017; email address: ramrakha.staci@
epa.gov.
SUPPLEMENTARY INFORMATION:
General Information
1. Do not submit Classified Business
Information (CBI) to EPA Web site
https://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.
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3. Make sure to submit your
comments by the comment period
deadline identified.
Background
The EPA has recently issued new
internal guidance for conducting source
selections in accordance with Federal
Acquisition Regulation (FAR) Part 15.
As a result of the new guidance, existing
EPAAR subsection 1515.3, Source
Selection, is no longer pertinent. The
new source selection guidance does not
have a significant effect beyond the
internal operating procedures of the
agency or have a significant cost or
administrative impact on contractors or
offerors. Therefore, this subpart and its
related clauses are being removed in
their entirety. Additionally, the EPA is
removing EPAAR 1552.232–73,
Payments—Fixed Rate Services
Contracts, because it is inconsistent
with FAR 52.232–7.
Final Rule
This final rule makes the following
changes:
1. Amend EPAAR 1515.209 to delete
source selection clauses that are no
longer applicable to EPA source
selections.
2. Remove EPAAR Subpart 15.3,
Source Selection, in its entirety.
3. Remove EPAAR 1552.215–70, EPA
Source Evaluation and Selection
Procedures—Negotiated Procurements,
in its entirety.
4. Remove EPAAR 1552.215–71,
Evaluation Factors for Award, in its
entirety.
5. Remove EPAAR 1552.232–73,
Payments—Fixed Rate Services
Contracts, in its entirety.
6. Amend EPAAR 1552.215–
72(b)(1)(iii) to delete reference to
EPAAR 1552.232–73 which has been
removed from the EPAAR.
Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under the EO
12866 and 13563 (76 FR 3821, January
21, 2011).
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. Burden is
defined at 5 CFR 1320.3(b).
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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 RFA 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; or (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. In
determining whether a rule has a
significant economic impact on a
substantial number of small entities, the
impact of concern is any significant
adverse economic impact on small
entities, because the primary purpose of
the regulatory flexibility analyses is to
identify and address regulatory
alternatives ‘‘which minimize any
significant economic impact of the
proposed rule on small entities’’ 5
U.S.C. 503 and 604. Thus, an agency
may certify that a rule will not have a
significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, or
otherwise has a positive economic effect
on all of the small entities subject to the
rule. This action revises current EPAAR
clauses and will not have a significant
economic impact on substantial number
of small entities. We continue to be
interested in the potential impacts of the
proposed rule on small entities and
welcome comments on issues related to
such impacts.
D. Unfunded Mandates Reform Act
This action contains no federal
mandates under the provisions of Title
II of the Unfunded Mandates Reform
Act of 1995 (UMRA), 2 U.S.C. 1531–
1538 for State, local, and tribal
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governments or the private sector. The
action imposes no enforceable duty on
any State, local or tribal governments or
the private sector. Therefore, this action
is not subject to the requirements of
Sections 202 or 205 of the UMRA. This
action is also not subject to the
requirements of section 203 of UMRA
because it contains no regulatory
requirements that might significantly or
uniquely affect small governments.
E. Executive Order 13132: Federalism
This action 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. Thus, Executive
Order 13132 does not apply to this
action. In the spirit of Executive Order
13132, and consistent with EPA policy
to promote communications between
EPA and State and local governments,
EPA specifically solicits comment on
this action from State and local officials.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications, as specified in Executive
Order 13175 (65 FR 67249, November 9,
2000). Thus, Executive Order 13175
does not apply to this action.
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 EO 12886, and (2) concerns an
environmental health or safety risk that
may have a proportionate effect on
children. This rule is not subject to EO
13045 because it is not an economically
significant rule as defined by EO 12866,
and because it does not have a
proportionate effect on children.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28335 May 22,
2001) because it is not a significant
regulatory action under Executive Order
12866.
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20169
I. National Technology Transfer and
Advancement Act of 1995 (NTTAA)
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
when the Agency decides not to use
available and applicable voluntary
consensus standards. This action 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 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 final 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 in the
general public.
K. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
Agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. Section 804
exempts from section 801 the following
types of rules (1) rules of particular
applicability; (2) rules relating to agency
management or personnel; and (3) rules
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of Agency organization, procedure, or
practice that do not substantially affect
the rights or obligations of non-agency
parties. 5 U.S.C. 804(3). EPA is not
required to submit a rule report
regarding today’s action under section
801 because this is a rule of agency
organization, procedure, or practice that
does not substantially affect the rights or
obligations of non-agency parties.
Environmental protection,
Government procurement.
48 CFR Part 1552
Environmental protection,
Government procurement, Reporting
and recordkeeping requirements.
1552.215–70 and 1552.215–71
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.
■
2. Revise 1515.209 to read as follows:
Subpart 1515.3
Dated: April 2, 2015.
John R. Bashista,
Director, Office of Acquisition Management.
For the reasons stated in the
preamble, EPA amends 48 CFR Chapter
15, parts 1515 and 1552 as set forth
below:
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1. The authority citation for part 1515
continues to read as follows:
■
The contracting officer shall insert the
clause at 1552.215–75, Past Performance
Information, or a clause substantially
the same as 1552.215–75, in all
competitively negotiated acquisitions
with an estimated value in excess of the
simplified acquisition threshold.
48 CFR Part 1515
16:28 Apr 14, 2015
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.
1515.209 Solicitation provisions and
contract clauses.
List of Subjects
VerDate Sep<11>2014
PART 1515—CONTRACTING BY
NEGOTATION
Jkt 235001
■
[Removed]
3. Remove subpart 1515.3.
PART 1552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. The authority citation for part 1552
continues to read as follows:
■
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[Removed]
5. Remove 1552.215–70 and
1552.215–71.
■ 6. Amend 1552.215–72 by revising
paragraph (b)(1)(iii) to read as follows:
■
1552.215–72 Instructions for the
Preparation of Proposals.
*
*
*
*
*
(b) * * *
(1) * * *
(iii) If the contract includes the clause
at FAR 52.232–7, ‘‘Payments Under
Time and Materials and Labor-Hour
Contracts,’’ include in the cost proposal
the estimated costs and burden rate to
be applied to materials, other direct
costs, or subcontracts. The Government
will include these costs as part of its
cost proposal evaluation.
*
*
*
*
*
1552.232–73
[Removed]
■ 7. Remove 1552.232–73.
[FR Doc. 2015–08665 Filed 4–14–15; 8:45 am]
BILLING CODE 6560–50–P
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Agencies
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Rules and Regulations]
[Pages 20167-20170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08665]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1515 and 1552
[EPA-HQ-OARM-2015-0182; FRL 9923-85-OARM]
Environmental Protection Agency Acquisition Regulation (EPAAR);
Source Selection and Payments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to remove source selection guidance and
clauses that are not consistent with current EPA internal operating
procedures for source selections. Additionally, EPA is deleting a
clause for Payments--Fixed Rate Services Contracts because it is
inconsistent with sections in the Federal Acquisition Regulation (FAR).
EPA does not anticipate any adverse comments.
DATES: This rule is effective on June 15, 2015 without further notice,
unless adverse comment is received May 15, 2015. If adverse comment is
received, the EPA will publish a timely withdrawal of the rule in the
Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2015-0182 by one of the following methods:
www.regulations.gov: Follow the on-line instructions for
submitting comments.
Email: docket.oei@epa.gov
Fax: (202) 566-1753
Mail: EPA-HQ-OARM-2015-0182, 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
[[Page 20168]]
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-
2015-0182. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or email. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
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 https://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 https://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 https://www.regulations.gov or in hard copy at the Government
Property--Contract Property Administration 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: Staci Ramrakha, Policy, Training, and
Oversight Division, Acquisition Policy and Training Service Center
(3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: 202-564-2017; email address:
ramrakha.staci@epa.gov.
SUPPLEMENTARY INFORMATION:
General Information
1. Do not submit Classified Business Information (CBI) to EPA Web
site https://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.
3. Make sure to submit your comments by the comment period deadline
identified.
Background
The EPA has recently issued new internal guidance for conducting
source selections in accordance with Federal Acquisition Regulation
(FAR) Part 15. As a result of the new guidance, existing EPAAR
subsection 1515.3, Source Selection, is no longer pertinent. The new
source selection guidance does not have a significant effect beyond the
internal operating procedures of the agency or have a significant cost
or administrative impact on contractors or offerors. Therefore, this
subpart and its related clauses are being removed in their entirety.
Additionally, the EPA is removing EPAAR 1552.232-73, Payments--Fixed
Rate Services Contracts, because it is inconsistent with FAR 52.232-7.
Final Rule
This final rule makes the following changes:
1. Amend EPAAR 1515.209 to delete source selection clauses that are
no longer applicable to EPA source selections.
2. Remove EPAAR Subpart 15.3, Source Selection, in its entirety.
3. Remove EPAAR 1552.215-70, EPA Source Evaluation and Selection
Procedures--Negotiated Procurements, in its entirety.
4. Remove EPAAR 1552.215-71, Evaluation Factors for Award, in its
entirety.
5. Remove EPAAR 1552.232-73, Payments--Fixed Rate Services
Contracts, in its entirety.
6. Amend EPAAR 1552.215-72(b)(1)(iii) to delete reference to EPAAR
1552.232-73 which has been removed from the EPAAR.
Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO 12866 and 13563 (76 FR
3821, January 21, 2011).
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.
Burden is defined at 5 CFR 1320.3(b).
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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 RFA 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; or (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.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, because the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities'' 5 U.S.C. 503
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. This
action revises current EPAAR clauses and will not have a significant
economic impact on substantial number of small entities. We continue to
be interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, and tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of Sections 202 or 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments.
E. Executive Order 13132: Federalism
This action 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. Thus, Executive Order 13132 does
not apply to this action. In the spirit of Executive Order 13132, and
consistent with EPA policy to promote communications between EPA and
State and local governments, EPA specifically solicits comment on this
action from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive
Order 13175 does not apply to this action.
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 EO 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to EO 13045 because it is
not an economically significant rule as defined by EO 12866, and
because it does not have a proportionate effect on children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (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) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This action
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 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 final
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 in the general public.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules
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of Agency organization, procedure, or practice that do not
substantially affect the rights or obligations of non-agency parties. 5
U.S.C. 804(3). EPA is not required to submit a rule report regarding
today's action under section 801 because this is a rule of agency
organization, procedure, or practice that does not substantially affect
the rights or obligations of non-agency parties.
List of Subjects
48 CFR Part 1515
Environmental protection, Government procurement.
48 CFR Part 1552
Environmental protection, Government procurement, Reporting and
recordkeeping requirements.
Dated: April 2, 2015.
John R. Bashista,
Director, Office of Acquisition Management.
For the reasons stated in the preamble, EPA amends 48 CFR Chapter
15, parts 1515 and 1552 as set forth below:
PART 1515--CONTRACTING BY NEGOTATION
0
1. The authority citation for part 1515 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
2. Revise 1515.209 to read as follows:
1515.209 Solicitation provisions and contract clauses.
The contracting officer shall insert the clause at 1552.215-75,
Past Performance Information, or a clause substantially the same as
1552.215-75, in all competitively negotiated acquisitions with an
estimated value in excess of the simplified acquisition threshold.
Subpart 1515.3 [Removed]
0
3. Remove subpart 1515.3.
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. The authority citation for 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.
1552.215-70 and 1552.215-71 [Removed]
0
5. Remove 1552.215-70 and 1552.215-71.
0
6. Amend 1552.215-72 by revising paragraph (b)(1)(iii) to read as
follows:
1552.215-72 Instructions for the Preparation of Proposals.
* * * * *
(b) * * *
(1) * * *
(iii) If the contract includes the clause at FAR 52.232-7,
``Payments Under Time and Materials and Labor-Hour Contracts,'' include
in the cost proposal the estimated costs and burden rate to be applied
to materials, other direct costs, or subcontracts. The Government will
include these costs as part of its cost proposal evaluation.
* * * * *
1552.232-73 [Removed]
0
7. Remove 1552.232-73.
[FR Doc. 2015-08665 Filed 4-14-15; 8:45 am]
BILLING CODE 6560-50-P