Environmental Protection Agency Acquisition Regulation; Small Business Programs, Solicitation Provisions and Contract Clauses, 29793-29798 [2016-11378]
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(4) The construction of replacement
homes, repairs or additions;
(5) The development of farm, ranch or
aquaculture, including soil and water
conservation;
(6) The enhanced construction,
reconstruction, operation and
maintenance of revenue-producing
improvements intended to benefit
occupants of Hawaiian home lands;
(7) The making of investments in
water and other utilities, supplies,
equipment, and goods, as well as
professional services needed to plan,
implement, develop or operate such
projects that will improve the value of
Hawaiian home lands for their current
and future occupants; and,
(8) The establishment and
maintenance of an account to serve as
a reserve for loans issued or backed by
the Federal Government.
(b) The Secretary will determine if the
proposed amendment or any other
legislative action decreases the abovedescribed or similar benefits to the
beneficiaries, now or in the future, by
weighing the answers to the following
questions:
(1) How would the proposed
amendment impact the benefits to
current lessees of Hawaiian home lands?
(2) How would the proposed
amendment impact the benefits to
beneficiaries currently on a waiting list
for a Hawaiian home lands lease?
(3) How would the proposed
amendment impact the benefits to
beneficiaries who have not yet applied
for a Hawaiian home lands lease?
(4) If the interests of the beneficiaries
who have not been awarded a Hawaiian
home lands lease and the lessees differ,
how does the proposed amendment
weigh the interests of beneficiaries who
have not been awarded a Hawaiian
home lands lease with the interests of
Hawaiian home lands lessees?
(5) If the interests of the beneficiaries
who have not been awarded a Hawaiian
home lands lease and the lessees differ,
do the benefits to the lessees outweigh
any detriment to the beneficiaries who
have not been awarded a Hawaiian
home lands lease?
(6) If the interests of the beneficiaries
differ from the interests of the lessees,
do the benefits to the beneficiaries
outweigh any detriment to the lessees?
§ 48.30 How does the Secretary determine
if Congressional approval is unnecessary?
The Secretary will determine that
Congressional approval is unnecessary
if the proposed amendment meets none
of the criteria in § 48.20.
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§ 48.35 When must the Secretary
determine if the proposed amendment
requires Congressional approval?
The Secretary will review the
documents submitted by the Chairman,
and if they meet the requirements of
§ 48.15, the Secretary will determine
within 60 days after receiving them if
the proposed amendment requires
Congressional approval.
§ 48.40 What notification will the Secretary
provide?
(a) If the Secretary determines that
Congressional approval of the proposed
amendment is unnecessary, the
Secretary will:
(1) Notify the Chairmen of the Senate
Committee on Energy and Natural
Resources and of the House Committee
on Natural Resources, the Governor,
Speaker of the House of Representatives
and President of the Senate of the State
of Hawai1i, and the Chairman of the
Hawaiian Homes Commission; and
(2) Include, if appropriate, an opinion
on whether the proposed amendment
advances the interests of the
beneficiaries.
(b) If the Secretary determines that
Congressional approval of the proposed
amendment is required, the Secretary
will notify the Chairmen of the Senate
Committee on Energy and Natural
Resources and of the House Committee
on Natural Resources, the Governor,
Speaker of the House of Representatives
and President of the Senate of the State
of Hawai1i, and the Chairman of the
Hawaiian Homes Commission. The
Secretary will also submit to the
Committees the following:
(1) A draft joint resolution approving
the proposed amendment;
(2) A description of the change made
by the proposed amendment and an
explanation of how the proposed
amendment advances the interests of
the beneficiaries;
(3) A comparison of the existing law
with the proposed amendment;
(4) A recommendation on the
advisability of approving the proposed
amendment;
(5) All documentation concerning the
proposed amendment received from the
Chairman; and
(6) All documentation concerning the
proposed amendment received from the
beneficiaries.
(c) The Secretary will post notice of
the determination on the Department of
the Interior’s Web site.
§ 48.45 When is a proposed amendment
deemed effective?
(a) If the Secretary determines that a
proposed amendment meets none of the
criteria in § 48.20, the effective date of
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29793
the proposed amendment is the date of
the notification letter to the
Congressional Committee Chairmen.
(b) If the Secretary determines that the
proposed amendment requires
congressional approval then the
effective date of the proposed
amendment is the date that Congress’s
approval becomes law.
§ 48.50 Can the State of Hawai1i amend the
Hawaiian Homes Commission Act without
Secretarial review?
The Secretary must review all
proposed amendments to the Hawaiian
Homes Commission Act. Any proposed
amendments to any terms or provisions
of the Hawaiian Homes Commission Act
by the State must also specifically state
that the proposed amendment proposes
to amend the Hawaiian Homes
Commission Act. Any state enactment
that impacts any of the criteria in
§ 48.20 shall have no effect on the
provisions of the HHCA or
administration of the Trust, except
pursuant to this part.
[FR Doc. 2016–11146 Filed 5–11–16; 12:00 pm]
BILLING CODE 4334–63–P
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Parts 1519 and 1552
[EPA–HQ–OARM–2015–0550; FRL 9945–69–
OARM]
Environmental Protection Agency
Acquisition Regulation; Small
Business Programs, Solicitation
Provisions and Contract Clauses
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is issuing a final rule to
remove outdated information and make
administrative changes to the
Environmental Protection Agency
Acquisition Regulation (EPAAR). EPA
does not anticipate any adverse
comments.
SUMMARY:
This rule is effective on July 12,
2016 without further action, unless EPA
receives adverse comment by June 13,
2016. If EPA receives adverse comment,
a timely withdrawal will be published
in the Federal Register informing the
public that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OARM–2015–0550, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
DATES:
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edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the Web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Julianne Odend’hal, Policy, Training,
and Oversight Division, Acquisition
Policy and Training Service Center
(3802R), Environmental Protection
Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; telephone
number: (202) 564–5218; email address:
odend’hal.julianne@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA using a direct final rule?
EPA is publishing this rule without a
prior proposed rule because EPA views
this as a noncontroversial action and
anticipates no adverse comments.
EPAAR Parts 1519 and 1552 are being
amended to remove outdated
information and to make administrative
changes. If EPA receives adverse
comment, a timely withdrawal will be
published in the Federal Register
informing the public that the rule will
not take effect. Any parties interested in
commenting must do so at this time.
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II. Does this action apply to me?
The EPAAR applies to contractors
who have a contract with the EPA.
III. What should I consider as I prepare
my comments for EPA?
A. Submitting CBI. Do not submit this
information to EPA through 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
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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.
B. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
• Explain why you agree or disagree,
suggest alternatives, and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information
and/or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
IV. Background
EPAAR Parts 1519 and 1552 are being
amended to remove outdated
information and to make administrative
changes.
V. Final Rule
This direct final rule makes the
following changes: (1) Updates outdated
terms throughout EPAAR Parts 1519
and 1552 by removing ‘‘Office of Small
and Disadvantaged Business Utilization
(OSDBU)’’ and adding ‘‘Office of Small
Business Programs (OSBP)’’ in its place,
removing ‘‘Small and Disadvantaged
Business Utilization Specialists’’ and
adding ‘‘Small Business Specialists’’ in
its place, removing ‘‘Subcontracting
with Small Business and Small
Disadvantaged Business Concerns’’ and
adding ‘‘Small Business Subcontracting
Program’’ in its place; (2) amends
section 1519.201 by removing the words
‘‘and the local’’ and adding the words
‘‘(CCO)s or Regional Acquisitions
Managers (RAMs), the assigned’’ in its
place; (3) amends section 1519.201–72,
paragraph (a), by removing the words
‘‘for each contracting office’’, and
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adding the words ‘‘The appointing
authorities for regional SBS are the
RAMs. The SBSs for EPA headquarters,
Research Triangle Park (RTP), and
Cincinnati shall be appointed by the
OSBP Director.’’, and removing the
words ‘‘The appointing authorities are
the Chiefs of the Contracting Offices.’’;
(4) Amends Section 1519.201–72,
paragraph (c), by removing
subparagraph (6) and re-numbering
subparagraphs (7) through (10) to read
(6) through (9), and amends renumbered subparagraph (9) to read ‘‘Act
as liaison with the appropriate SBA
office or representative in connection
with matters concerning the small
business programs including setasides.’’; (5) amends section 1519.202–
5, Data Collection and Reporting
Requirements, by removing and
reserving the section because this
section is outdated; (6) amends section
1519.204, Small Disadvantaged
Business Participation, by removing and
reserving the section to conform to the
FAR; (7) amends section 1552.219–70,
paragraph (f), by removing the words
‘‘Standard Form 294, Subcontracts
Report for Individual Contracts’’ and
adding the words ‘‘Individual
Subcontract Reports (ISR)’’ in its place;
(8) amends section 1552.219–71,
paragraph (e), by removing from
subparagraph (4) the words ‘‘If recently
required to submit a SF 295, provide
copies of the two preceding year’s
reports;’’ (9) amends section 1552.219–
71, paragraph (k) by removing the text
and adding new text in its place; (10)
amends section 1552.219–72, Small
Disadvantaged Business Participation
Program, section 1552.219–73, Small
Disadvantaged Business Targets, section
1552.219–74, Small Disadvantaged
Business Participation Evaluation
Factor, by removing and reserving the
sections to conform to the FAR.
VI. 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 and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act
This action does not impose an
information collection burden under the
PRA because it does not contain any
information collection activities.
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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.
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. In making this
determination, the impact of concern is
any significant adverse economic
impact on small entities. 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, has
no net burden or otherwise has a
positive economic effect on the small
entities subject to the rule. This action
amends EPAAR parts 1519 and 1552 to
remove outdated information and to
make administrative changes. We have
therefore concluded that this action will
have no net regulatory burden for all
directly regulated small entities.
D. Unfunded Mandates Reform Act
This action does not contain an
unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C.
1531–1538, and does not significantly or
uniquely affect small governments. The
action imposes no enforceable duty on
any state, local or tribal governments or
the private sector.
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.
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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. In the
spirit of Executive Order 13175, and
consistent with EPA policy to promote
communication between EPA and Tribal
governments, EPA specifically solicits
additional comment on this rule from
Tribal officials.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
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Order has the potential to influence the
regulation. This action is not subject to
Executive Order 13045 because it does
not establish an environmental standard
intended to mitigate health or safety
risks.
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211 (66 FR 28355 (May 22,
2001)), because it is not a significant
regulatory action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act of 1995
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 12898 (59 FR 7629
(February 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.
K. Congressional Review
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
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 this action under section 801
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29795
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 in 48 CFR Parts 1519
and 1552
Government procurement.
Dated: May 2, 2016.
John R. Bashista,
Director, Office of Acquisition Management.
For the reasons stated in the
preamble, 48 CFR parts 1519 and 1552
are amended as set forth below:
■ 1. Revise part 1519 to read as follows:
PART 1519—SMALL BUSINESS
PROGRAMS
Subpart 1519.2—Policies
Sec.
1519.201 Policy.
1519.201–71 Director of the Office of Small
Business Programs.
1519.201–72 Small business specialists.
1519.202–5 [Reserved]
´ ´
1519.203 Mentor-protege.
1519.204 [Reserved]
Subpart 1519.5—Set-Asides for Small
Business
1519.501 Review of acquisitions.
1519.503 Class set-aside for construction.
Subpart 1519.7—The Small Business
Subcontracting Program
1519.705–2 Determining the need for a
subcontract plan.
1519.705–4 Reviewing the subcontracting
plan.
1519.705–70 Synopsis of contracts
containing Pub. L. 95–507
subcontracting plans and goals.
Authority: Sec. 205(c), 63 Stat. 390, as
amended, 40 U.S.C. 486(c).
Subpart 1519.2—Policies
1519.201
Policy.
Each program’s Assistant or Associate
Administrator shall be responsible for
developing its socioeconomic goals on a
fiscal year basis. The goals shall be
developed in collaboration with the
supporting Chiefs of Contracting Offices
(CCOs) or Regional Acquisition
Managers (RAMs), the assigned Small
Business Specialist (SBS), and the
Office of Small Business Programs
(OSBP). The goals will be based on
advance procurement plans and past
performance. The goals shall be
submitted to the Director of OSBP, at
least thirty (30) days prior to the start of
the fiscal year.
1519.201–71 Director of the Office of Small
Business Programs.
The Director of the Office of Small
Business Programs (OSBP) provides
guidance and advice, as appropriate, to
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Agency program and contracts officials
on small business programs. The OSBP
Director is the central point of contact
for inquiries concerning the small
business programs from industry, the
Small Business Administration (SBA),
and the Congress; and shall advise the
Administrator and staff of such
inquiries as required. The OSBP
Director shall represent the Agency in
the negotiations with the other
Government agencies on small business
programs matters.
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1519.201–72
Small business specialists.
(a) Small Business Specialists (SBSs)
shall be appointed in writing. Regional
SBSs will normally be appointed from
members of staffs of the appointing
authority. The appointing authorities for
regional SBSs are the RAMs. The SBSs
for EPA headquarters, Research Triangle
Park (RTP), and Cincinnati shall be
appointed by the OSBP Director. The
SBS is administratively responsible
directly to the appointing authority and,
on matters relating to small business
programs activities, receives technical
guidance from the OSBP Director.
(b) A copy of each appointment and
termination of all SBSs shall be
forwarded to the OSBP Director. In
addition to performing the duties
outlined in paragraph (c) of this section
that are normally performed in the
activity to which assigned, the SBS shall
perform such additional functions as
may be prescribed from time to time in
furtherance of overall small business
programs goals. The SBS may be
appointed on either a full- or part-time
basis; however, when appointed on a
part-time basis, small business duties
shall take precedence over collateral
responsibilities.
(c) The SBS appointed pursuant to
paragraph (a) of this section shall
perform the following duties as
appropriate:
(1) Maintain a program designed to
locate capable small business sources
for current and future acquisitions;
(2) Coordinate inquiries and requests
for advice from small business concerns
on acquisition matters;
(3) Review all proposed solicitations
in excess of the simplified acquisition
threshold, assure that small business
concerns will be afforded an equitable
opportunity to compete, and, as
appropriate, initiate recommendations
for small business set-asides, or offers of
requirements to the Small Business
Administration (SBA) for the 8(a)
program, and complete EPA Form 1900–
37, ‘‘Record of Procurement Request
Review,’’ as appropriate;
(4) Take action to assure the
availability of adequate specifications
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and drawings, when necessary, to obtain
small business participation in an
acquisition. When small business
concerns cannot be given an
opportunity on a current acquisition,
initiate action, in writing, with
appropriate technical and contracting
personnel to ensure that necessary
specifications and/or drawings for
future acquisitions are available;
(5) Review proposed contracts for
possible breakout of items or services
suitable for acquisition from small
business concerns;
(6) Participate in the evaluation of a
prime contractor’s small business
subcontracting programs;
(7) Assure that adequate records are
maintained, and accurate reports
prepared, concerning small business
participation in acquisition programs;
(8) Make available to SBA copies of
solicitations when so requested;
(9) Act as liaison with the appropriate
SBA office or representative in
connection with matters concerning the
small business programs including setasides.
1519.202–5
1519.203
[Reserved]
´ ´
Mentor-protege.
(a) The contracting officer shall insert
the clause at 1552.219–70, Mentor´ ´
Protege Program, in all contracts under
which the contractor has been approved
´ ´
to participate in the EPA Mentor-Protege
Program.
(b) The contracting officer shall insert
the provision at 1552.219–71,
Procedures for Participation in the EPA
´ ´
Mentor-Protege Program, in all
solicitations valued at $500,000 or more
which will be cost-plus-award-fee or
cost-plus fixed-fee contracts.
1519.204
[Reserved]
Subpart 1519.5—Set-Asides for Small
Business
1519.501
Review of acquisitions.
(a) If no Small Business
Administration (SBA) representative is
available, the Small Business Specialist
(SBS) shall initiate recommendations to
the contracting officer for small business
set-asides with respect to individual
acquisitions or classes of acquisitions or
portions thereof.
(b) When the SBS has recommended
that all, or a portion, of an individual
acquisition or class of acquisitions be
set aside for small business, the
contracting officer shall:
(1) Promptly concur in the
recommendation; or
(2) Promptly disapprove the
recommendation, stating in writing the
reasons for disapproval. If the
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contracting officer disapproves the
recommendation of the SBS, the SBS
may appeal to the appropriate
appointing authority, whose decision
shall be final.
1519.503
Class set-aside for construction.
(a) Each proposed acquisition for
construction estimated to cost between
$10,000 and $1,000,000 shall be setaside for exclusive small business
participation. Such set-asides shall be
considered to be unilateral small
business set-asides, and shall be
withdrawn in accordance with the
procedure of FAR 19.506 only if found
not to serve the best interest of the
Government.
(b) Small business set-aside
preferences for construction
acquisitions in excess of $1,000,000
shall be considered on a case-by-case
basis.
Subpart 1519.7—The Small Business
Subcontracting Program
1519.705–2 Determining the need for a
subcontract plan.
One copy of the determination
required by FAR 19.705–2(c) shall be
placed in the contract file and one copy
provided to the Director of the Office of
Small Business Programs.
1519.705–4
plan.
Reviewing the subcontracting
In determining the acceptability of a
proposed subcontracting plan, the
contracting officer shall obtain advice
and recommendations from the Office of
Small Business Programs, which shall
in turn coordinate review by the Small
Business Administration Procurement
Center Representative (if any).
1519.705–70 Synopsis of contracts
containing Pub. L. 95–507 subcontracting
plans and goals.
The synopsis of contract award,
where applicable, shall include a
statement identifying the contract as one
containing Public Law 95–507
subcontracting plans and goals.
PART 1552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
2. 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.
3. Revise section 1552.219–70 to read
as follows:
■
1552.219–70
´ ´
Mentor-Protege Program.
As prescribed in 1519.203(a), insert
the following clause:
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´ ´
Mentor-Protege Program (JUL 2016)
(a) The Contractor has been approved to
´ ´
participate in the EPA Mentor-Protege
Program. The purpose of the Program is to
increase the participation of small
disadvantaged businesses (SDBs) as
subcontractors, suppliers, and ultimately as
prime contractors; establish a mutually
beneficial relationship with SDBs and EPA’s
large business prime contractors (although
small businesses may participate as Mentors);
develop the technical and corporate
administrative expertise of SDBs which will
ultimately lead to greater success in
competition for contract opportunities;
promote the economic stability of SDBs; and
aid in the achievement of goals for the use
of SDBs in subcontracting activities under
EPA contracts.
(b) The Contractor shall submit an
´ ´
executed Mentor-Protege agreement to the
Contracting Officer, with a copy to the Office
of Small Business Programs (OSBP) or the
Small Business Specialist, within thirty (30)
calendar days after the effective date of the
contract. The Contracting Officer will notify
the Contractor within thirty (30) calendar
days from its submission if the agreement is
not accepted.
(c) The Contractor as a Mentor under the
Program agrees to fulfill the terms of its
´ ´
agreement(s) with the Protege firm(s).
´ ´
(d) If the Contractor or Protege firm is
suspended or debarred while performing
´ ´
under an approved Mentor-Protege
agreement, the Contractor shall promptly
give notice of the suspension or debarment
to the OSBP and the Contracting Officer.
(e) Costs incurred by the Contractor in
´ ´
fulfilling their agreement(s) with the Protege
firm(s) are not reimbursable on a direct basis
under this contract.
(f) In an attachment to Individual
Subcontract Reports (ISR), the Contractor
shall report on the progress made under their
´ ´
Mentor-Protege agreement(s), providing:
(1) The number of agreements in effect; and
(2) The progress in achieving the
developmental assistance objectives under
each agreement, including whether the
objectives of the agreement have been met,
problem areas encountered, and any other
appropriate information.
(End of clause)
■ 4. Revise section 1552.219–71 to read
as follows:
1552.219–71 Procedures for Participation
´ ´
in the EPA Mentor-Protege Program.
As prescribed in 1519.203(b), insert
the following provision:
ehiers on DSK5VPTVN1PROD with RULES
Procedures for Participation in the EPA
´ ´
Mentor-Protege Program (JUL 2016)
(a) This provision sets forth the procedures
´ ´
for participation in the EPA Mentor-Protege
Program (hereafter referred to as the
Program). The purpose of the Program is to
increase the participation of concerns owned
and/or controlled by socially and
economically disadvantaged individuals as
subcontractors, suppliers, and ultimately as
prime contractors; to establish a mutually
beneficial relationship between these
VerDate Sep<11>2014
14:42 May 12, 2016
Jkt 238001
concerns and EPA’s large business prime
contractors (although small businesses may
participate as Mentors); to develop the
technical and corporate administrative
expertise of these concerns, which will
ultimately lead to greater success in
competition for contract opportunities; to
promote the economic stability of these
concerns; and to aid in the achievement of
goals for the use of these concerns in
subcontracting activities under EPA
contracts. If the successful offeror is accepted
into the Program they shall serve as a Mentor
´ ´
to a Protege firm(s), providing developmental
assistance in accordance with an agreement
´ ´
with the Protege firm(s).
(b) To participate as a Mentor, the offeror
must receive approval in accordance with
paragraph (h) of this section.
´ ´
(c) A Protege must be a concern owned
and/or controlled by socially and
economically disadvantaged individuals
within the meaning of section 8(a)(5) and (6)
of the Small Business Act (15 U.S.C. 637(a)(5)
and (6)), including historically black colleges
and universities. Further, in accordance with
Public Law 102–389 (the 1993 Appropriation
Act), for EPA’s contracting purposes,
economically and socially disadvantaged
individuals shall be deemed to include
women.
(d) Where there may be a concern
´ ´
regarding the Protege firm’s eligibility to
´ ´
participate in the program, the protege’s
eligibility will be determined by the
contracting officer after the SBA has
completed any formal determinations.
(e) The offeror shall submit an application
in accordance with paragraph (k) of this
section as part of its proposal which shall
include as a minimum the following
information.
(1) A statement and supporting
documentation that the offeror is currently
performing under at least one active Federal
contract with an approved subcontracting
plan and is eligible for the award of Federal
contracts;
(2) A summary of the offeror’s historical
and recent activities and accomplishments
under any disadvantaged subcontracting
programs. The offeror is encouraged to
include any initiatives or outreach
information believed pertinent to approval as
a Mentor firm;
(3) The total dollar amount (including the
value of all option periods or quantities) of
EPA contracts and subcontracts received by
the offeror during its two preceding fiscal
years. (Show prime contracts and
subcontracts separately per year);
(4) The total dollar amount and percentage
of subcontract awards made to all concerns
owned and/or controlled by disadvantaged
individuals under EPA contracts during its
two preceding fiscal years.
(5) The number and total dollar amount of
subcontract awards made to the identified
´ ´
Protege firm(s) during the two preceding
fiscal years (if any).
(f) In addition to the information required
by paragraph (e) of this section, the offeror
shall submit as a part of the application the
following information for each proposed
´ ´
Mentor-Protege relationship:
(1) Information on the offeror’s ability to
provide developmental assistance to the
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
29797
´ ´
identified Protege firm and how the
assistance will potentially increase
contracting and subcontracting opportunities
´ ´
for the Protege firm.
(2) A letter of intent indicating that both
´ ´
the Mentor firm and the Protege firm intend
to enter into a contractual relationship under
´ ´
which the Protege will perform as a
subcontractor under the contract resulting
from this solicitation and that the firms will
´ ´
negotiate a Mentor-Protege agreement. The
letter of intent must be signed by both parties
and contain the following information:
(i) The name, address and phone number
of both parties;
´ ´
(ii) The Protege firm’s business
classification, based upon the NAICS code(s)
which represents the contemplated supplies
´ ´
or services to be provided by the Protege firm
to the Mentor firm;
´ ´
(iii) A statement that the Protege firm
meets the eligibility criteria;
(iv) A preliminary assessment of the
´ ´
developmental needs of the Protege firm and
the proposed developmental assistance the
´ ´
Mentor firm envisions providing the Protege.
The offeror shall address those needs and
how their assistance will enhance the
´ ´
Protege. The offeror shall develop a schedule
´ ´
to assess the needs of the Protege and
establish criteria to evaluate the success in
the Program;
´ ´
(v) A statement that if the offeror or Protege
firm is suspended or debarred while
performing under an approved Mentor´ ´
Protege agreement the offeror shall promptly
give notice of the suspension or debarment
to the EPA Office of Small Business Programs
(OSBP) and the Contracting Officer. The
´ ´
statement shall require the Protege firm to
notify the Contractor if it is suspended or
debarred.
(g) The application will be evaluated on
the extent to which the offeror’s proposal
addresses the items listed in paragraphs (e)
and (f) of this section. To the maximum
extent possible, the application should be
limited to not more than 10 single pages,
double spaced. The offeror may identify more
´ ´
than one Protege in its application.
(h) If the offeror is determined to be in the
competitive range, or is awarded a contract
without discussions, the offeror will be
advised by the Contracting Officer whether
their application is approved or rejected. The
Contracting Officer, if necessary, may request
additional information in connection with
the offeror’s submission of its revised or best
and final offer. If the successful offeror has
submitted an approved application, they
shall comply with the clause titled ‘‘Mentor´ ´
Protege Program.’’
(i) Subcontracts of $1,000,000 or less
´ ´
awarded to firms approved as Proteges under
the Program are exempt from the
requirements for competition set forth in
FAR 44.202–2(a)(5), and 52.244–5(b).
However, price reasonableness must still be
determined and the requirements in FAR
44.202–2(a)(8) for cost and price analysis
continue to apply.
(j) Costs incurred by the offeror in fulfilling
´ ´
their agreement(s) with a Protege firm(s) are
not reimbursable as a direct cost under the
contract. Unless EPA is the responsible audit
agency under FAR 42.703–1, offerors are
E:\FR\FM\13MYR1.SGM
13MYR1
29798
Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Rules and Regulations
ehiers on DSK5VPTVN1PROD with RULES
encouraged to enter into an advance
agreement with their responsible audit
agency on the treatment of such costs when
determining indirect cost rates. Where EPA is
the responsible audit agency, these costs will
be considered in determining indirect cost
rates.
(k) Submission of Application and
Questions Concerning the Program. The
application for the Program shall be
VerDate Sep<11>2014
16:59 May 12, 2016
Jkt 238001
submitted to the Contracting Officer, and to
the EPA Office of Small Business Programs
at the following address: Socioeconomic
Business Program Officer, Office of Small
Business Programs, U.S. Environmental
Protection Agency, William Jefferson Clinton
Building (1230T), 1200 Pennsylvania Avenue
NW., Washington, DC 20460, Telephone:
(202) 566–2075, Fax: (202) 565–2473.
PO 00000
Frm 00038
Fmt 4700
Sfmt 9990
(End of provision)
1552.219–72 through 1552.219–74
[Removed and Reserved]
5. Remove and reserve sections
1552.219–72, 1552.219–73, and
1552.219–74.
■
[FR Doc. 2016–11378 Filed 5–12–16; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\13MYR1.SGM
13MYR1
]]>Agencies
[Federal Register Volume 81, Number 93 (Friday, May 13, 2016)]
[Rules and Regulations]
[Pages 29793-29798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11378]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1519 and 1552
[EPA-HQ-OARM-2015-0550; FRL 9945-69-OARM]
Environmental Protection Agency Acquisition Regulation; Small
Business Programs, Solicitation Provisions and Contract Clauses
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is issuing a final
rule to remove outdated information and make administrative changes to
the Environmental Protection Agency Acquisition Regulation (EPAAR). EPA
does not anticipate any adverse comments.
DATES: This rule is effective on July 12, 2016 without further action,
unless EPA receives adverse comment by June 13, 2016. If EPA receives
adverse comment, a timely withdrawal will be published in the Federal
Register informing the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2015-0550, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be
[[Page 29794]]
edited or removed from Regulations.gov. The EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Julianne Odend'hal, Policy, Training,
and Oversight Division, Acquisition Policy and Training Service Center
(3802R), Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone number: (202) 564-5218; email address:
odend'hal.julianne@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA using a direct final rule?
EPA is publishing this rule without a prior proposed rule because
EPA views this as a noncontroversial action and anticipates no adverse
comments. EPAAR Parts 1519 and 1552 are being amended to remove
outdated information and to make administrative changes. If EPA
receives adverse comment, a timely withdrawal will be published in the
Federal Register informing the public that the rule will not take
effect. Any parties interested in commenting must do so at this time.
II. Does this action apply to me?
The EPAAR applies to contractors who have a contract with the EPA.
III. What should I consider as I prepare my comments for EPA?
A. Submitting CBI. Do not submit this information to EPA through
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.
B. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
IV. Background
EPAAR Parts 1519 and 1552 are being amended to remove outdated
information and to make administrative changes.
V. Final Rule
This direct final rule makes the following changes: (1) Updates
outdated terms throughout EPAAR Parts 1519 and 1552 by removing
``Office of Small and Disadvantaged Business Utilization (OSDBU)'' and
adding ``Office of Small Business Programs (OSBP)'' in its place,
removing ``Small and Disadvantaged Business Utilization Specialists''
and adding ``Small Business Specialists'' in its place, removing
``Subcontracting with Small Business and Small Disadvantaged Business
Concerns'' and adding ``Small Business Subcontracting Program'' in its
place; (2) amends section 1519.201 by removing the words ``and the
local'' and adding the words ``(CCO)s or Regional Acquisitions Managers
(RAMs), the assigned'' in its place; (3) amends section 1519.201-72,
paragraph (a), by removing the words ``for each contracting office'',
and adding the words ``The appointing authorities for regional SBS are
the RAMs. The SBSs for EPA headquarters, Research Triangle Park (RTP),
and Cincinnati shall be appointed by the OSBP Director.'', and removing
the words ``The appointing authorities are the Chiefs of the
Contracting Offices.''; (4) Amends Section 1519.201-72, paragraph (c),
by removing subparagraph (6) and re-numbering subparagraphs (7) through
(10) to read (6) through (9), and amends re-numbered subparagraph (9)
to read ``Act as liaison with the appropriate SBA office or
representative in connection with matters concerning the small business
programs including set-asides.''; (5) amends section 1519.202-5, Data
Collection and Reporting Requirements, by removing and reserving the
section because this section is outdated; (6) amends section 1519.204,
Small Disadvantaged Business Participation, by removing and reserving
the section to conform to the FAR; (7) amends section 1552.219-70,
paragraph (f), by removing the words ``Standard Form 294, Subcontracts
Report for Individual Contracts'' and adding the words ``Individual
Subcontract Reports (ISR)'' in its place; (8) amends section 1552.219-
71, paragraph (e), by removing from subparagraph (4) the words ``If
recently required to submit a SF 295, provide copies of the two
preceding year's reports;'' (9) amends section 1552.219-71, paragraph
(k) by removing the text and adding new text in its place; (10) amends
section 1552.219-72, Small Disadvantaged Business Participation
Program, section 1552.219-73, Small Disadvantaged Business Targets,
section 1552.219-74, Small Disadvantaged Business Participation
Evaluation Factor, by removing and reserving the sections to conform to
the FAR.
VI. 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 and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the PRA because it does not contain any information collection
activities.
[[Page 29795]]
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.
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. 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, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule. This action amends EPAAR parts 1519 and
1552 to remove outdated information and to make administrative changes.
We have therefore concluded that this action will have no net
regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local or tribal governments or the
private sector.
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.
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. In the spirit of Executive
Order 13175, and consistent with EPA policy to promote communication
between EPA and Tribal governments, EPA specifically solicits
additional comment on this rule from Tribal officials.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act of 1995
This rulemaking does not involve technical standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (February 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.
K. Congressional Review
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 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 this 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 in 48 CFR Parts 1519 and 1552
Government procurement.
Dated: May 2, 2016.
John R. Bashista,
Director, Office of Acquisition Management.
For the reasons stated in the preamble, 48 CFR parts 1519 and 1552
are amended as set forth below:
0
1. Revise part 1519 to read as follows:
PART 1519--SMALL BUSINESS PROGRAMS
Subpart 1519.2--Policies
Sec.
1519.201 Policy.
1519.201-71 Director of the Office of Small Business Programs.
1519.201-72 Small business specialists.
1519.202-5 [Reserved]
1519.203 Mentor-prot[eacute]g[eacute].
1519.204 [Reserved]
Subpart 1519.5--Set-Asides for Small Business
1519.501 Review of acquisitions.
1519.503 Class set-aside for construction.
Subpart 1519.7--The Small Business Subcontracting Program
1519.705-2 Determining the need for a subcontract plan.
1519.705-4 Reviewing the subcontracting plan.
1519.705-70 Synopsis of contracts containing Pub. L. 95-507
subcontracting plans and goals.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
Subpart 1519.2--Policies
1519.201 Policy.
Each program's Assistant or Associate Administrator shall be
responsible for developing its socioeconomic goals on a fiscal year
basis. The goals shall be developed in collaboration with the
supporting Chiefs of Contracting Offices (CCOs) or Regional Acquisition
Managers (RAMs), the assigned Small Business Specialist (SBS), and the
Office of Small Business Programs (OSBP). The goals will be based on
advance procurement plans and past performance. The goals shall be
submitted to the Director of OSBP, at least thirty (30) days prior to
the start of the fiscal year.
1519.201-71 Director of the Office of Small Business Programs.
The Director of the Office of Small Business Programs (OSBP)
provides guidance and advice, as appropriate, to
[[Page 29796]]
Agency program and contracts officials on small business programs. The
OSBP Director is the central point of contact for inquiries concerning
the small business programs from industry, the Small Business
Administration (SBA), and the Congress; and shall advise the
Administrator and staff of such inquiries as required. The OSBP
Director shall represent the Agency in the negotiations with the other
Government agencies on small business programs matters.
1519.201-72 Small business specialists.
(a) Small Business Specialists (SBSs) shall be appointed in
writing. Regional SBSs will normally be appointed from members of
staffs of the appointing authority. The appointing authorities for
regional SBSs are the RAMs. The SBSs for EPA headquarters, Research
Triangle Park (RTP), and Cincinnati shall be appointed by the OSBP
Director. The SBS is administratively responsible directly to the
appointing authority and, on matters relating to small business
programs activities, receives technical guidance from the OSBP
Director.
(b) A copy of each appointment and termination of all SBSs shall be
forwarded to the OSBP Director. In addition to performing the duties
outlined in paragraph (c) of this section that are normally performed
in the activity to which assigned, the SBS shall perform such
additional functions as may be prescribed from time to time in
furtherance of overall small business programs goals. The SBS may be
appointed on either a full- or part-time basis; however, when appointed
on a part-time basis, small business duties shall take precedence over
collateral responsibilities.
(c) The SBS appointed pursuant to paragraph (a) of this section
shall perform the following duties as appropriate:
(1) Maintain a program designed to locate capable small business
sources for current and future acquisitions;
(2) Coordinate inquiries and requests for advice from small
business concerns on acquisition matters;
(3) Review all proposed solicitations in excess of the simplified
acquisition threshold, assure that small business concerns will be
afforded an equitable opportunity to compete, and, as appropriate,
initiate recommendations for small business set-asides, or offers of
requirements to the Small Business Administration (SBA) for the 8(a)
program, and complete EPA Form 1900-37, ``Record of Procurement Request
Review,'' as appropriate;
(4) Take action to assure the availability of adequate
specifications and drawings, when necessary, to obtain small business
participation in an acquisition. When small business concerns cannot be
given an opportunity on a current acquisition, initiate action, in
writing, with appropriate technical and contracting personnel to ensure
that necessary specifications and/or drawings for future acquisitions
are available;
(5) Review proposed contracts for possible breakout of items or
services suitable for acquisition from small business concerns;
(6) Participate in the evaluation of a prime contractor's small
business subcontracting programs;
(7) Assure that adequate records are maintained, and accurate
reports prepared, concerning small business participation in
acquisition programs;
(8) Make available to SBA copies of solicitations when so
requested;
(9) Act as liaison with the appropriate SBA office or
representative in connection with matters concerning the small business
programs including set-asides.
1519.202-5 [Reserved]
1519.203 Mentor-prot[eacute]g[eacute].
(a) The contracting officer shall insert the clause at 1552.219-70,
Mentor-Prot[eacute]g[eacute] Program, in all contracts under which the
contractor has been approved to participate in the EPA Mentor-
Prot[eacute]g[eacute] Program.
(b) The contracting officer shall insert the provision at 1552.219-
71, Procedures for Participation in the EPA Mentor-
Prot[eacute]g[eacute] Program, in all solicitations valued at $500,000
or more which will be cost-plus-award-fee or cost-plus fixed-fee
contracts.
1519.204 [Reserved]
Subpart 1519.5--Set-Asides for Small Business
1519.501 Review of acquisitions.
(a) If no Small Business Administration (SBA) representative is
available, the Small Business Specialist (SBS) shall initiate
recommendations to the contracting officer for small business set-
asides with respect to individual acquisitions or classes of
acquisitions or portions thereof.
(b) When the SBS has recommended that all, or a portion, of an
individual acquisition or class of acquisitions be set aside for small
business, the contracting officer shall:
(1) Promptly concur in the recommendation; or
(2) Promptly disapprove the recommendation, stating in writing the
reasons for disapproval. If the contracting officer disapproves the
recommendation of the SBS, the SBS may appeal to the appropriate
appointing authority, whose decision shall be final.
1519.503 Class set-aside for construction.
(a) Each proposed acquisition for construction estimated to cost
between $10,000 and $1,000,000 shall be set-aside for exclusive small
business participation. Such set-asides shall be considered to be
unilateral small business set-asides, and shall be withdrawn in
accordance with the procedure of FAR 19.506 only if found not to serve
the best interest of the Government.
(b) Small business set-aside preferences for construction
acquisitions in excess of $1,000,000 shall be considered on a case-by-
case basis.
Subpart 1519.7--The Small Business Subcontracting Program
1519.705-2 Determining the need for a subcontract plan.
One copy of the determination required by FAR 19.705-2(c) shall be
placed in the contract file and one copy provided to the Director of
the Office of Small Business Programs.
1519.705-4 Reviewing the subcontracting plan.
In determining the acceptability of a proposed subcontracting plan,
the contracting officer shall obtain advice and recommendations from
the Office of Small Business Programs, which shall in turn coordinate
review by the Small Business Administration Procurement Center
Representative (if any).
1519.705-70 Synopsis of contracts containing Pub. L. 95-507
subcontracting plans and goals.
The synopsis of contract award, where applicable, shall include a
statement identifying the contract as one containing Public Law 95-507
subcontracting plans and goals.
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
2. 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.
0
3. Revise section 1552.219-70 to read as follows:
1552.219-70 Mentor-Prot[eacute]g[eacute] Program.
As prescribed in 1519.203(a), insert the following clause:
[[Page 29797]]
Mentor-Prot[eacute]g[eacute] Program (JUL 2016)
(a) The Contractor has been approved to participate in the EPA
Mentor-Prot[eacute]g[eacute] Program. The purpose of the Program is
to increase the participation of small disadvantaged businesses
(SDBs) as subcontractors, suppliers, and ultimately as prime
contractors; establish a mutually beneficial relationship with SDBs
and EPA's large business prime contractors (although small
businesses may participate as Mentors); develop the technical and
corporate administrative expertise of SDBs which will ultimately
lead to greater success in competition for contract opportunities;
promote the economic stability of SDBs; and aid in the achievement
of goals for the use of SDBs in subcontracting activities under EPA
contracts.
(b) The Contractor shall submit an executed Mentor-
Prot[eacute]g[eacute] agreement to the Contracting Officer, with a
copy to the Office of Small Business Programs (OSBP) or the Small
Business Specialist, within thirty (30) calendar days after the
effective date of the contract. The Contracting Officer will notify
the Contractor within thirty (30) calendar days from its submission
if the agreement is not accepted.
(c) The Contractor as a Mentor under the Program agrees to
fulfill the terms of its agreement(s) with the Prot[eacute]g[eacute]
firm(s).
(d) If the Contractor or Prot[eacute]g[eacute] firm is suspended
or debarred while performing under an approved Mentor-
Prot[eacute]g[eacute] agreement, the Contractor shall promptly give
notice of the suspension or debarment to the OSBP and the
Contracting Officer.
(e) Costs incurred by the Contractor in fulfilling their
agreement(s) with the Prot[eacute]g[eacute] firm(s) are not
reimbursable on a direct basis under this contract.
(f) In an attachment to Individual Subcontract Reports (ISR),
the Contractor shall report on the progress made under their Mentor-
Prot[eacute]g[eacute] agreement(s), providing:
(1) The number of agreements in effect; and
(2) The progress in achieving the developmental assistance
objectives under each agreement, including whether the objectives of
the agreement have been met, problem areas encountered, and any
other appropriate information.
(End of clause)
0
4. Revise section 1552.219-71 to read as follows:
1552.219-71 Procedures for Participation in the EPA Mentor-
Prot[eacute]g[eacute] Program.
As prescribed in 1519.203(b), insert the following provision:
Procedures for Participation in the EPA Mentor-Prot[eacute]g[eacute]
Program (JUL 2016)
(a) This provision sets forth the procedures for participation
in the EPA Mentor-Prot[eacute]g[eacute] Program (hereafter referred
to as the Program). The purpose of the Program is to increase the
participation of concerns owned and/or controlled by socially and
economically disadvantaged individuals as subcontractors, suppliers,
and ultimately as prime contractors; to establish a mutually
beneficial relationship between these concerns and EPA's large
business prime contractors (although small businesses may
participate as Mentors); to develop the technical and corporate
administrative expertise of these concerns, which will ultimately
lead to greater success in competition for contract opportunities;
to promote the economic stability of these concerns; and to aid in
the achievement of goals for the use of these concerns in
subcontracting activities under EPA contracts. If the successful
offeror is accepted into the Program they shall serve as a Mentor to
a Prot[eacute]g[eacute] firm(s), providing developmental assistance
in accordance with an agreement with the Prot[eacute]g[eacute]
firm(s).
(b) To participate as a Mentor, the offeror must receive
approval in accordance with paragraph (h) of this section.
(c) A Prot[eacute]g[eacute] must be a concern owned and/or
controlled by socially and economically disadvantaged individuals
within the meaning of section 8(a)(5) and (6) of the Small Business
Act (15 U.S.C. 637(a)(5) and (6)), including historically black
colleges and universities. Further, in accordance with Public Law
102-389 (the 1993 Appropriation Act), for EPA's contracting
purposes, economically and socially disadvantaged individuals shall
be deemed to include women.
(d) Where there may be a concern regarding the
Prot[eacute]g[eacute] firm's eligibility to participate in the
program, the prot[eacute]g[eacute]'s eligibility will be determined
by the contracting officer after the SBA has completed any formal
determinations.
(e) The offeror shall submit an application in accordance with
paragraph (k) of this section as part of its proposal which shall
include as a minimum the following information.
(1) A statement and supporting documentation that the offeror is
currently performing under at least one active Federal contract with
an approved subcontracting plan and is eligible for the award of
Federal contracts;
(2) A summary of the offeror's historical and recent activities
and accomplishments under any disadvantaged subcontracting programs.
The offeror is encouraged to include any initiatives or outreach
information believed pertinent to approval as a Mentor firm;
(3) The total dollar amount (including the value of all option
periods or quantities) of EPA contracts and subcontracts received by
the offeror during its two preceding fiscal years. (Show prime
contracts and subcontracts separately per year);
(4) The total dollar amount and percentage of subcontract awards
made to all concerns owned and/or controlled by disadvantaged
individuals under EPA contracts during its two preceding fiscal
years.
(5) The number and total dollar amount of subcontract awards
made to the identified Prot[eacute]g[eacute] firm(s) during the two
preceding fiscal years (if any).
(f) In addition to the information required by paragraph (e) of
this section, the offeror shall submit as a part of the application
the following information for each proposed Mentor-
Prot[eacute]g[eacute] relationship:
(1) Information on the offeror's ability to provide
developmental assistance to the identified Prot[eacute]g[eacute]
firm and how the assistance will potentially increase contracting
and subcontracting opportunities for the Prot[eacute]g[eacute] firm.
(2) A letter of intent indicating that both the Mentor firm and
the Prot[eacute]g[eacute] firm intend to enter into a contractual
relationship under which the Prot[eacute]g[eacute] will perform as a
subcontractor under the contract resulting from this solicitation
and that the firms will negotiate a Mentor-Prot[eacute]g[eacute]
agreement. The letter of intent must be signed by both parties and
contain the following information:
(i) The name, address and phone number of both parties;
(ii) The Prot[eacute]g[eacute] firm's business classification,
based upon the NAICS code(s) which represents the contemplated
supplies or services to be provided by the Prot[eacute]g[eacute]
firm to the Mentor firm;
(iii) A statement that the Prot[eacute]g[eacute] firm meets the
eligibility criteria;
(iv) A preliminary assessment of the developmental needs of the
Prot[eacute]g[eacute] firm and the proposed developmental assistance
the Mentor firm envisions providing the Prot[eacute]g[eacute]. The
offeror shall address those needs and how their assistance will
enhance the Prot[eacute]g[eacute]. The offeror shall develop a
schedule to assess the needs of the Prot[eacute]g[eacute] and
establish criteria to evaluate the success in the Program;
(v) A statement that if the offeror or Prot[eacute]g[eacute]
firm is suspended or debarred while performing under an approved
Mentor-Prot[eacute]g[eacute] agreement the offeror shall promptly
give notice of the suspension or debarment to the EPA Office of
Small Business Programs (OSBP) and the Contracting Officer. The
statement shall require the Prot[eacute]g[eacute] firm to notify the
Contractor if it is suspended or debarred.
(g) The application will be evaluated on the extent to which the
offeror's proposal addresses the items listed in paragraphs (e) and
(f) of this section. To the maximum extent possible, the application
should be limited to not more than 10 single pages, double spaced.
The offeror may identify more than one Prot[eacute]g[eacute] in its
application.
(h) If the offeror is determined to be in the competitive range,
or is awarded a contract without discussions, the offeror will be
advised by the Contracting Officer whether their application is
approved or rejected. The Contracting Officer, if necessary, may
request additional information in connection with the offeror's
submission of its revised or best and final offer. If the successful
offeror has submitted an approved application, they shall comply
with the clause titled ``Mentor-Prot[eacute]g[eacute] Program.''
(i) Subcontracts of $1,000,000 or less awarded to firms approved
as Prot[eacute]g[eacute]s under the Program are exempt from the
requirements for competition set forth in FAR 44.202-2(a)(5), and
52.244-5(b). However, price reasonableness must still be determined
and the requirements in FAR 44.202-2(a)(8) for cost and price
analysis continue to apply.
(j) Costs incurred by the offeror in fulfilling their
agreement(s) with a Prot[eacute]g[eacute] firm(s) are not
reimbursable as a direct cost under the contract. Unless EPA is the
responsible audit agency under FAR 42.703-1, offerors are
[[Page 29798]]
encouraged to enter into an advance agreement with their responsible
audit agency on the treatment of such costs when determining
indirect cost rates. Where EPA is the responsible audit agency,
these costs will be considered in determining indirect cost rates.
(k) Submission of Application and Questions Concerning the
Program. The application for the Program shall be submitted to the
Contracting Officer, and to the EPA Office of Small Business
Programs at the following address: Socioeconomic Business Program
Officer, Office of Small Business Programs, U.S. Environmental
Protection Agency, William Jefferson Clinton Building (1230T), 1200
Pennsylvania Avenue NW., Washington, DC 20460, Telephone: (202) 566-
2075, Fax: (202) 565-2473.
(End of provision)
1552.219-72 through 1552.219-74 [Removed and Reserved]
0
5. Remove and reserve sections 1552.219-72, 1552.219-73, and 1552.219-
74.
[FR Doc. 2016-11378 Filed 5-12-16; 8:45 am]
BILLING CODE 6560-50-P
