Acquistion Regulation: Update to Construction and Architect-Engineer and Key Personnel Requirements, 41235-41238 [2016-15002]
Download as PDF
<![CDATA[
sradovich on DSK3GDR082PROD with RULES
Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
information on the availability of this
material at NARA, call (202) 741–6030,
or go to: https://www.archives.gov/
federal-register/cfr/ibr-locations.html.
(i) The Binder entitled ‘‘EPAApproved Wyoming Regulatory
Requirements Applicable to the
Hazardous Waste Management
Program’’, dated March, 2016.
(ii) [Reserved]
(2) The EPA considered the following
statutes and regulations in evaluating
the State program but is not
incorporating them herein for
enforcement purposes:
(i) Wyoming Statutes Annotated
(W.S.), as amended, 2015 Edition, Title
16, City, County, State, and Local
Powers: Chapter 1, Intergovernmental
Cooperation, section 16–1–101; Chapter
3, Administrative Procedure, sections
16–3–101(b)(vi), 16–3–103(h), 16–3–
107(k); Chapter 4, Uniform Municipal
Fiscal Procedures, Public Records,
Documents and Meetings, sections 16–
4–201, 16–4–203(d)(i), 16–4–203(d)(v).
(ii) W.S., as amended, 2015 Edition,
Title 35, Public Health and Safety:
Chapter 11, Environmental Quality,
Article 1, General Provisions, sections
35–11–102, 35–11–103(a), 35–11–
103(d)(i), 35–11–103(d)(ii), 35–
103(d)(vii), 35–11–104 through 35–11–
106, 35–11–108 through 35–11–115;
Article 5, Solid Waste Management,
sections 35–11–501 through 35–11–503
(except 35–11–503(b) and (c)), 35–11–
504 through 35–11–506, 35–11–508, 35–
11–509, 35–11–514, 35–11–516, 35–11–
518 through 35–11–520; Article 9,
Penalties, sections 35–11–901(a), (j), and
(k); Article 11, Miscellaneous
Provisions, sections 35–11–1101, 35–
11–1105(d), 35–11–1106(a)(iv); Article
16, Voluntary Remediation of
Contaminated Sites, section 35–11–
1607(e).
(iii) Wyoming Rules of Civil
Procedure, as amended, Rule 24.
(iv) Wyoming Hazardous Waste
Management Rules, Chapter 1, General
Provisions: Sections 1(a) through (d);
2(c) and (d); 124 (except 124(a)(v));
260(b)(ii); and 270(o) through 270(q).
(v) Wyoming Department of
Environmental Quality, Rules of
Practice and Procedure, as amended
February 14, 1994, Chapter III.
(3) The following statutory provisions
are broader in scope than the Federal
program, are not part of the authorized
program, are not incorporated by
reference and are not federally
enforceable:
(i) W.S., as amended, 2015 Edition,
Title 35, Public Health and Safety:
Chapter 11, Environmental Quality,
Article 5, Solid Waste Management,
section 35–11–517; Chapter 12,
VerDate Sep<11>2014
16:19 Jun 23, 2016
Jkt 238001
Industrial Development and Siting,
sections 35–12–101, et seq.
(ii) Wyoming Hazardous Waste
Management Rules, Chapter 1, General
Provisions: Sections 264(e)(i) [with
respect to the Wyoming Voluntary
Remediation Program only]; 264(e)(ii);
and 270(n).
(iii) [Reserved]
(4) Unauthorized state amendments.
(i) Wyoming has adopted but is not
authorized for the following Federal
final rules:
(A) Imports and Exports of Hazardous
Waste: Implementation of OECD
Council Division [61 FR 16290,
04/12/96] (HSWA—Not delegable to
States);
(B) Hazardous Waste Combustors;
Revised Standards [63 FR 33782,
6/19/98] (Non-HSWA—Vacated by the
U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Cir. No. 98–1379
and 08–1144; June 27, 2014);
(C) Exclusion of Oil-Bearing
Secondary Materials Processed in a
Gasification System to Produce
Synthesis Gas [73 FR 52, 1/2/08] (NonHSWA—Vacated by the U.S. Court of
Appeals for the District of Columbia
Circuit (D.C. Cir. No. 98–1379 and 08–
1144; June 27, 2014);
(D) OECD Requirements; Export
Shipments of Spent Lead Acid Batteries
[75 FR 1236, 1/8/10] (Non-HSWA—Not
delegable to States);
(E) Withdrawal of the Emission
Comparable Fuel Exclusion [75 FR
33712, 6/15/10] (Non-HSWA—Vacated
by the U.S. Court of Appeals for the
District of Columbia Circuit (D.C. Cir.
No. 98–1379 and 08–1144; June 27,
2014); and
(F) Revisions to the Definition of
Solid Waste [73 FR 64668, 10/30/08].
(ii) Those Federal rules written under
RCRA provisions that predate HSWA
(non-HSWA) which the State has
adopted, but for which it is not
authorized, are not federally
enforceable. In contrast, the EPA will
continue to enforce the Federal HSWA
standards for which Wyoming is not
authorized until the State receives
specific authorization from EPA.
(5) Memorandum of Agreement. The
Memorandum of Agreement between
the EPA, Region 8 and the State of
Wyoming, signed by the State of
Wyoming Department of Environmental
Quality on July 19, 2012, and by the
EPA Regional Administrator on July 27,
2012, although not incorporated by
reference, is referenced as part of the
authorized hazardous waste
management program under subtitle C
of RCRA, 42 U.S.C. 6921 et seq.
(6) Statement of legal authority.
‘‘Attorney General’s Statement for Final
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
41235
Authorization’’, signed by the Attorney
General of Wyoming on July 14, 1995,
and revisions, supplements and
addenda to that Statement dated
December 9, 1997 and May 11, 2015,
although not incorporated by reference,
are referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
(7) Program Description. The Program
Description and any other materials
submitted as supplements thereto,
although not incorporated by reference,
are referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921 et seq.
■ 3. Appendix A to part 272 is amended
by adding the listing for ‘‘Wyoming’’ to
read as follows:
Appendix A to Part 272—State
Requirements
*
*
*
*
*
Wyoming
The regulatory provisions include:
Wyoming Hazardous Waste Management
Rules, as amended effective March 18, 2015,
Chapter 1, General Provisions: Sections 2(a)
and (b); 3; 4; 124(a)(v); 260 (except 260(b)(ii));
261; 262; 263; 264(a) through 264(d), 264(e)(i)
(except the citation ‘‘W.S. 35–11–1607’’ and
the phrase ‘‘or a signed remedy agreement
pursuant to W.S. 35–11–1607’’ in the first
sentence), 264(e)(iii)(A) and (B), 264(f)
through 264(m); 265; 266; 267; 268; 270(a)
through 270(m); 273; and 279.
Copies of the Wyoming regulations that are
incorporated by reference are available from
Wyoming Secretary of State’s Office, The
Capitol Building, Room B–10, 200 West 24th
Street, Cheyenne, Wyoming 82002–0020,
(Phone: (307) 777–5407).
[FR Doc. 2016–14284 Filed 6–23–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
48 CFR Parts 1536 and 1537
[EPA–HQ–OARM–2013–0370; FRL–9946–
78–OARM]
Acquistion Regulation: Update to
Construction and Architect-Engineer
and Key Personnel Requirements
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is issuing a final rule
amending the EPA Acquisition
Regulation (EPAAR) to remove the
evaluation of contracting performance
and to incorporate flexibility to identify
the required number of days of key
SUMMARY:
E:\FR\FM\24JNR1.SGM
24JNR1
41236
Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
personnel commitment during the early
stages of contractor performance under
the Key Personnel clause. This final rule
also provides for minor edits of an
administrative nature.
This final rule is effective on July
25, 2016.
DATES:
The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OARM–2013–0370. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available electronically through https://
www.regulations.gov.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Holly Hubbell, 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–
1091; email address: hubbell.holly@
epa.gov.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GDR082PROD with RULES
I. Executive Summary
This rule incorporates an existing
class deviation and makes minor
administrative changes to EPAAR parts
1536 and 1537. This rule includes the
following content changes: (1) Removes
1536.201 Evaluation of contracting
performance; (2) provides
administrative updates and adds Chief
of the Contracting Office (CCO) to
1536.209(c); (3) under 1536.521,
updates the term ‘‘small purchases’’
with ‘‘simplified acquisition threshold’’;
(4) under 1537.110(b) the term
contracting officer’s technical
representative(s)’’ is replaced by
Contracting Officer’s Representative(s)’’;
(5) amends 1537.110(c) to incorporate
the flexibilities provided by a class
deviation to the Key Personnel
requirements; and (6) removes ‘‘CFR 48’’
from 1537.110. These changes do not
incur any costs, but provide flexibility
regarding key personnel commitments.
II. General Information
A. Does this action apply to me?
The EPAAR applies to contractors
who have a construction, architectengineer, or service contract with EPA.
VerDate Sep<11>2014
16:19 Jun 23, 2016
Jkt 238001
B. What action is the agency taking?
The rule removes the evaluation of
contracting performance and
incorporate flexibility to identify the
required number of days of key
personnel commitment during the early
stages of contractor performance under
the Key Personnel clause. The rule also
provides for minor edits of an
administrative nature.
III. Background
EPA published a proposed rule in the
Federal Register at 79 FR 47044, August
12, 2014, to remove section 1536.201 on
the evaluation of contractor
performance under construction
contracts and the incorporation of
flexibilities provided by a class
deviation to the Key Personnel
requirements under EPAAR Part 1537.
A previous review of the EPAAR,
determined that the EPAAR requirement
for the evaluation of construction
contracts should be removed as it was
superseded by FAR 42.1502.
Additionally, under EPAAR 1552.237–
72, EPA provides contracting officers
with the flexibility to identify the
required number of days of key
personnel commitment during the early
stages of contractor performance. The
length of time will be based on the
requirements of individual acquisitions
when continued assignment is essential
to the successful implementation of the
program’s mission. Contracting officers
may include a different number of days
in excess of the ninety (90) days
included in the clause, if approved at
one level above the contracting officer.
The rule also provides minor
administrative edits in the EPAAR
sections identified. No comments were
received on the previously published
proposed rule.
C. Regulatory Flexibility Act (RFA), as
Amended by the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA), 5 U.S.C. 601 et seq.
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute; unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions. For purposes of assessing
the impact of this rule on small entities,
‘‘small entity’’ is defined as: (1) A small
business that meets the definition of a
small business found in the Small
Business Act and codified at 13 CFR
121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field. After considering
the economic impacts of this rule on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. This action revises a current
EPAAR provision and does not impose
requirements involving capital
investment, implementing procedures,
or record keeping. This rule will not
have a significant economic impact on
small entities.
D. Unfunded Mandates Reform Act
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and therefore,
not subject to review under the EO.
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, Local,
and Tribal governments and the private
sector. This rule contains no Federal
mandates (under the regulatory
provisions of the Title II of the UMRA)
for State, Local, and Tribal governments
or the private sector. The rule imposes
no enforceable duty on any State, Local
or Tribal governments or the private
sector. Thus, the rule is not subject to
the requirements of sections 202 and
205 of the UMRA.
B. Paperwork Reduction Act
E. Executive Order 13132: Federalism
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. No
information is collected under this
action.
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and Local officials in the development
IV. Statutory and Executive Orders
Reviews
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
E:\FR\FM\24JNR1.SGM
24JNR1
Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
of regulatory policies that have
federalism implications.’’ ‘‘Policies that
have federalism implications’’ is
defined in the Executive Order to
include regulations that have
‘‘substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’ This rule does
not have federalism implications. It will
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among the various
levels of government as specified in
Executive Order 13132.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This rule does not have
tribal implications as specified in
Executive Order 13175.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045, entitled
‘‘Protection of Children from
Environmental Health and Safety Risks’’
(62 FR 19885, April 23, 1997), applies
to any rule that: (1) Is determined to be
economically significant as defined
under Executive Order 12886, and (2)
concerns an environmental health or
safety risk that may have a
proportionate effect on children. This
rule is not subject to Executive Order
13045 because it is not an economically
significant rule as defined by Executive
Order 12866, and because it does not
involve decisions on environmental
health or safety risks.
sradovich on DSK3GDR082PROD with RULES
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This final rule is not subject to
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use’’ (66 FR 28335, May
22, 2001), because it is not a significant
regulatory action under Executive Order
12866.
VerDate Sep<11>2014
16:19 Jun 23, 2016
Jkt 238001
I. National Technology Transfer and
Advancement Act of 1995 (NTTAA)
Section 12(d) (15 U.S.C. 272 note) of
NTTA, Public Law 104–113, directs
EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. This
final rulemaking does not involve
technical standards. Therefore, EPA is
not considering the use of any voluntary
consensus standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order 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
rulemaking will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. This rulemaking does
not involve human health or
environmental effects.
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
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
41237
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 1536
and 1537
Environmental protection,
Government procurement.
Dated: June 2, 2016.
Denise Polk,
Acting Director, Office of Acquisition
Management.
Therefore, 48 CFR Chapter 15 is
amended as set forth below:
PART 1536—CONSTRUCTION AND
ARCHITECT–ENGINEER CONTRACTS
1. The authority citation for part 1536
is revised to read as follows:
■
Authority: 5 U.S.C. 301 and 41 U.S.C.
1707.
1536.201
■
[Removed]
2. Remove section 1536.201.
1536.209
[Amended]
3. Amend section 1536.209, paragraph
(c), by removing the text ‘‘CCO’’ and
‘‘RAD’’ and adding the words ‘‘Chief of
the Contracting Office’’, in their places.
■
1536.521
[Amended]
4. Amend section 1536.521 by
removing the words ‘‘small purchase’’
and adding the words ‘‘simplified
acquisition threshold’’, two times.
■
PART 1537—SERVICE CONTRACTING
5. The authority citation for part 1537
is revised to read as follows:
■
Authority: 5 U.S.C. 301 and 41 U.S.C.
1707.
6. Amend section 1537.110 by
revising paragraphs (b), (c), and (f) to
read as follows:
■
1537.110 Solicitation provisions and
contract clauses.
*
*
*
*
*
(b) The Contracting Officer shall
insert a clause substantially the same as
the clause at 1552.237–71, Technical
Direction, in solicitations and contracts
where the Contracting Officer intends to
delegate authority to issue technical
direction to the Contracting Officer’s
Representative(s).
(c) The Contracting Officer shall insert
the clause at 1552.237–72, Key
E:\FR\FM\24JNR1.SGM
24JNR1
41238
Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
Personnel, in solicitations and contracts
when it is necessary for contract
performance to identify Contractor key
personnel. Contracting Officers have the
flexibility to identify the required
number of days of key personnel
commitment during the early stages of
contractor performance. The length of
time will be based on the requirements
of individual acquisitions when
continued assignment is essential to the
successful implementation of the
program’s mission. Therefore,
Contracting Officers may use a clause
substantially the same as in 48 CFR
1552.237–72, regarding substitution of
key personnel. Contracting Officers may
include a different number of days in
excess of the ninety (90) days included
in this clause, if approved at one level
above the Contracting Officer.
*
*
*
*
*
(f) To ensure that Agency contracts
are administered so as to avoid creating
an improper employer-employee
relationship, contracting officers shall
insert the contract clause at 1552.237–
76, ‘‘Government-Contractor Relations’’,
in all solicitations and contracts for nonpersonal services that exceed the
simplified acquisition threshold.
[FR Doc. 2016–15002 Filed 6–23–16; 8:45 am]
BILLING CODE 6560–50–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1815 and 1852
RIN 2700–AE27
NASA Federal Acquisition Regulation
Supplement: Removal of Grant
Handbook References (NFS Case
2016–N001)
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
NASA is issuing a final rule
amending the NASA Federal
Acquisition Regulation Supplement
(NFS) to remove references to NASA’s
Grant and Cooperative Agreement
Handbook, NASA Procedural
Requirements (NPR) 5800.1, NASA
Grant and Cooperative Agreement
Handbook, and Office of Management
and Budget (OMB) Circulars A–21 for
educational institutions and A–122 for
nonprofit organizations.
DATES: Effective: July 25, 2016.
FOR FURTHER INFORMATION CONTACT:
Andrew O’Rourke, telephone 202–358–
4560.
SUPPLEMENTARY INFORMATION:
sradovich on DSK3GDR082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:19 Jun 23, 2016
Jkt 238001
I. Background
NASA published a proposed rule in
the Federal Register at 81 FR 13308 on
March 14, 2016, to amend the NFS to
remove references to NASA’s Grant and
Cooperative Agreement Handbook, NPR
5800.1, NASA Grant and Cooperative
Agreement Handbook and Office of
Management and Budget (OMB)
Circulars A–21 for educational
institutions and A–122 for nonprofit
organizations.
II. Discussion and Analysis
No public comments were submitted
in response to the proposed rule. The
proposed rule has been converted to a
final rule without change.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows:
NASA is issuing a final rule amending
the NFS to remove references to the
NASA Grant and Cooperative
Agreement Handbook and NPR 5800.1,
NASA Grant and Cooperative
Agreement Handbook. No changes were
made to the final rule. No public
comments were received in response to
the Initial Regulatory Flexibility
Analysis in the proposed rule.
Therefore, the proposed rule has been
adopted as final. NASA does not expect
this final rule to have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., because it
merely removes outdated and
unnecessary grant and cooperative
agreement references that should not be
in the NFS. There are no new reporting
requirements or recordkeeping
requirements associated with this rule.
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
In addition, there are no other
alternatives that could further minimize
the already negligible impact on
businesses, small or large.
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of OMB under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 1815
and 1852
Government procurement.
Manuel Quinones,
NASA FAR Supplement Manager.
Accordingly, 48 CFR parts 1815 and
1852 are amended as follows:
■ 1. The authority citation for parts
1815 and 1852 continues to read as
follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
PART 1815—CONTRACTING BY
NEGOTIATION
2. Revise section 1815.602 to read as
follows:
■
1815.602
Policy.
Renewal proposals, (i.e., those for the
extension or augmentation of current
contracts) are subject to the same FAR
and NFS regulations, including the
requirements of the Competition in
Contracting Act, as are proposals for
new contracts.
PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Amend section 1852.235–72 by—
a. Removing from the provision
heading ‘‘DEC 2005’’ and adding (JUL
2016) in its place; and
■ b. Revising paragraphs (a)(4) and
(c)(8)(iii).
The revisions read as follows:
■
■
1852.235–72 Instructions for responding
to NASA research announcements.
*
*
*
*
*
(a) * * *
(4) A contract, grant, cooperative
agreement, or other agreement may be
used to accomplish an effort funded in
response to an NRA. NASA will
determine the appropriate award
instrument. Contracts resulting from
NRAs are subject to the Federal
Acquisition Regulation and the NASA
FAR Supplement. A grant, cooperative
agreement, or other agreement resulting
from NRAs are subject to policies and
procedures outlined in the Guidebook
for Proposers Responding to a NASA
E:\FR\FM\24JNR1.SGM
24JNR1
]]>Agencies
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41235-41238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15002]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1536 and 1537
[EPA-HQ-OARM-2013-0370; FRL-9946-78-OARM]
Acquistion Regulation: Update to Construction and Architect-
Engineer and Key Personnel Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is issuing a final
rule amending the EPA Acquisition Regulation (EPAAR) to remove the
evaluation of contracting performance and to incorporate flexibility to
identify the required number of days of key
[[Page 41236]]
personnel commitment during the early stages of contractor performance
under the Key Personnel clause. This final rule also provides for minor
edits of an administrative nature.
DATES: This final rule is effective on July 25, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OARM-2013-0370. All documents in the docket are
listed on the https://www.regulations.gov Web site. 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, is not placed on the
Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Holly Hubbell, Policy, Training, and
Oversight Division, Acquisition Policy and Training Service Center
(3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone number: 202-564-1091; email address:
hubbell.holly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This rule incorporates an existing class deviation and makes minor
administrative changes to EPAAR parts 1536 and 1537. This rule includes
the following content changes: (1) Removes 1536.201 Evaluation of
contracting performance; (2) provides administrative updates and adds
Chief of the Contracting Office (CCO) to 1536.209(c); (3) under
1536.521, updates the term ``small purchases'' with ``simplified
acquisition threshold''; (4) under 1537.110(b) the term contracting
officer's technical representative(s)'' is replaced by Contracting
Officer's Representative(s)''; (5) amends 1537.110(c) to incorporate
the flexibilities provided by a class deviation to the Key Personnel
requirements; and (6) removes ``CFR 48'' from 1537.110. These changes
do not incur any costs, but provide flexibility regarding key personnel
commitments.
II. General Information
A. Does this action apply to me?
The EPAAR applies to contractors who have a construction,
architect-engineer, or service contract with EPA.
B. What action is the agency taking?
The rule removes the evaluation of contracting performance and
incorporate flexibility to identify the required number of days of key
personnel commitment during the early stages of contractor performance
under the Key Personnel clause. The rule also provides for minor edits
of an administrative nature.
III. Background
EPA published a proposed rule in the Federal Register at 79 FR
47044, August 12, 2014, to remove section 1536.201 on the evaluation of
contractor performance under construction contracts and the
incorporation of flexibilities provided by a class deviation to the Key
Personnel requirements under EPAAR Part 1537. A previous review of the
EPAAR, determined that the EPAAR requirement for the evaluation of
construction contracts should be removed as it was superseded by FAR
42.1502. Additionally, under EPAAR 1552.237-72, EPA provides
contracting officers with the flexibility to identify the required
number of days of key personnel commitment during the early stages of
contractor performance. The length of time will be based on the
requirements of individual acquisitions when continued assignment is
essential to the successful implementation of the program's mission.
Contracting officers may include a different number of days in excess
of the ninety (90) days included in the clause, if approved at one
level above the contracting officer. The rule also provides minor
administrative edits in the EPAAR sections identified. No comments were
received on the previously published proposed rule.
IV. Statutory and Executive Orders 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
therefore, not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
No information is collected under this action.
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute; unless the agency certifies that the rule
will not have a significant 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 this rule on small entities, ``small entity''
is defined as: (1) A small business that meets the definition of a
small business found in the Small Business Act and codified at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. After considering the economic
impacts of this rule on small entities, I certify that this action will
not have a significant economic impact on a substantial number of small
entities. This action revises a current EPAAR provision and does not
impose requirements involving capital investment, implementing
procedures, or record keeping. This rule will not have a significant
economic impact on small entities.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, Local, and Tribal
governments and the private sector. This rule contains no Federal
mandates (under the regulatory provisions of the Title II of the UMRA)
for State, Local, and Tribal governments or the private sector. The
rule imposes no enforceable duty on any State, Local or Tribal
governments or the private sector. Thus, the rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and Local officials in the
development
[[Page 41237]]
of regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' This rule does not have federalism
implications. It will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government as specified in Executive Order 13132.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This rule does not have
tribal implications as specified in Executive Order 13175.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997),
applies to any rule that: (1) Is determined to be economically
significant as defined under Executive Order 12886, and (2) concerns an
environmental health or safety risk that may have a proportionate
effect on children. This rule is not subject to Executive Order 13045
because it is not an economically significant rule as defined by
Executive Order 12866, and because it does not involve decisions on
environmental health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This final rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution or Use'' (66 FR 28335, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act of 1995 (NTTAA)
Section 12(d) (15 U.S.C. 272 note) of NTTA, Public Law 104-113,
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures and business practices) that are developed or adopted by
voluntary consensus standards bodies. The NTTA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This final
rulemaking does not involve technical standards. Therefore, EPA is not
considering the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 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
rulemaking will not have disproportionately high and adverse human
health or environmental effects on minority or low-income populations
because it does not affect the level of protection provided to human
health or the environment. This rulemaking does not involve human
health or environmental effects.
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 1536 and 1537
Environmental protection, Government procurement.
Dated: June 2, 2016.
Denise Polk,
Acting Director, Office of Acquisition Management.
Therefore, 48 CFR Chapter 15 is amended as set forth below:
PART 1536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
0
1. The authority citation for part 1536 is revised to read as follows:
Authority: 5 U.S.C. 301 and 41 U.S.C. 1707.
1536.201 [Removed]
0
2. Remove section 1536.201.
1536.209 [Amended]
0
3. Amend section 1536.209, paragraph (c), by removing the text ``CCO''
and ``RAD'' and adding the words ``Chief of the Contracting Office'',
in their places.
1536.521 [Amended]
0
4. Amend section 1536.521 by removing the words ``small purchase'' and
adding the words ``simplified acquisition threshold'', two times.
PART 1537--SERVICE CONTRACTING
0
5. The authority citation for part 1537 is revised to read as follows:
Authority: 5 U.S.C. 301 and 41 U.S.C. 1707.
0
6. Amend section 1537.110 by revising paragraphs (b), (c), and (f) to
read as follows:
1537.110 Solicitation provisions and contract clauses.
* * * * *
(b) The Contracting Officer shall insert a clause substantially the
same as the clause at 1552.237-71, Technical Direction, in
solicitations and contracts where the Contracting Officer intends to
delegate authority to issue technical direction to the Contracting
Officer's Representative(s).
(c) The Contracting Officer shall insert the clause at 1552.237-72,
Key
[[Page 41238]]
Personnel, in solicitations and contracts when it is necessary for
contract performance to identify Contractor key personnel. Contracting
Officers have the flexibility to identify the required number of days
of key personnel commitment during the early stages of contractor
performance. The length of time will be based on the requirements of
individual acquisitions when continued assignment is essential to the
successful implementation of the program's mission. Therefore,
Contracting Officers may use a clause substantially the same as in 48
CFR 1552.237-72, regarding substitution of key personnel. Contracting
Officers may include a different number of days in excess of the ninety
(90) days included in this clause, if approved at one level above the
Contracting Officer.
* * * * *
(f) To ensure that Agency contracts are administered so as to avoid
creating an improper employer-employee relationship, contracting
officers shall insert the contract clause at 1552.237-76, ``Government-
Contractor Relations'', in all solicitations and contracts for non-
personal services that exceed the simplified acquisition threshold.
[FR Doc. 2016-15002 Filed 6-23-16; 8:45 am]
BILLING CODE 6560-50-P
