[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Rules and Regulations]
[Pages 15921-15924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06262]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1542, 1552, and 1553
[EPA-HQ-OARM-2013-0736; FRL-9908-08-OARM]
Environmental Protection Agency Acquisition Regulation (EPAAR);
Contractor Performance Information
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct Final Rule.
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SUMMARY: The Environmental Protection Agency (EPA) is issuing a direct
final rule to rescind EPAARs, which include EPA's policies for
collecting and maintaining contractor past performance information. A
final rule updating the Federal Acquisition Regulations (FAR) was
published in Federal Register on August 1, 2013. The changes to the FAR
make the information in the referenced EPAAR subparts redundant. The
impact of removing these sections is administrative in nature and will
not change the overall policies for collecting and maintaining
contractor past performance which are now detailed in the FAR. EPA does
not anticipate any adverse comments.
DATES: This rule is effective May 23, 2014 without further action,
unless adverse comment is received April 23, 2014. If adverse comment
is received, the EPA will publish a timely withdrawal of the rule in
the Federal Register.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2013-0736 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
Email: [email protected].
Fax: (202) 566-1753.
[[Page 15922]]
Mail: EPA-HQ-OARM-2013-0736, OEI Docket, Environmental
Protection Agency, 2822T, 1200 Pennsylvania Ave. NW., Washington, DC
20460. Please include a total of three (3) copies.
Hand Delivery: EPA Docket Center--Attention OEI Docket,
EPA West, Room B102, 1301 Constitution Ave. NW., Washington, DC 20004.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2013-0736. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket, and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment, and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties, and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov, or in hard copy at the Government
Property--Contract Property Administration Docket, EPA/DC, EPA West,
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the EPA
Docket Center is (202) 566-1752. This Docket Facility is open from 8:30
a.m. to 4:30 p.m. Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Staci Ramrakha, Policy, Training, and
Oversight Division, Acquisition Policy and Training Service Center
(3802R), Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone number: (202) 564-2017; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
General Information
Do not submit any Classified Business Information (CBI) to EPA Web
site http://www.regulations.gov or email. Clearly mark the part or all
of the information that you claim to be CBI. For CBI information in a
disk or CD-ROM that you mail to EPA, mark the outside of the disk or
CD-ROM as CBI, and then identify electronically within the disk or CD-
ROM the specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
3. Make sure to submit your comments by the comment period deadline
identified.
Background
EPAAR subpart 1542.15 was last updated July 5, 2011 to establish
responsibilities for recording and maintaining EPA contractor past
performance information. Subpart 1542.15 requires the use of the
Contractor Performance Assessment Reporting System (CPARS); establishes
frequency and types of reports that are congruent with CPARS;
establishes EPA personnel responsibilities related to CPARS; provides
instructions for rating small business subcontracting; provides
instructions for novation agreements, requires CPARS be documented in
the official contract file; and requires the use of EPAAR clause
1552.242-71 which notifies contractors the EPA utilizes the CPARS
system. EPAAR 1553.209 contains outdated forms previously used by EPA
personnel to evaluate contractor performance. These forms are no longer
relevant or utilized. Additionally, recent changes to FAR subpart 42.15
via a final rule published in Federal Register on August 1, 2013 (78 FR
46783), make the information in EPAAR subpart 1542.15 redundant. The
new FAR requirements mirror the current EPA policies for collecting and
maintaining contractor past performance, and there is no need for an
agency supplement. FAR subpart 42.15, combined with the CPARS guidance
and reference material included on the CPARS Web site (www.CPARS.gov)
provide sufficient policies and procedures for the EPA to satisfy the
EPA's needs. Specific guidance, such as defining roles and
responsibilities for EPA acquisition personnel in relation to CPARS
will be included in the internal EPA Acquisition Guide.
Final Rule
This final rule makes the following changes: 1. Delete EPAAR
1542.15, Contractor Performance Information, in its entirety including
all subsections. 2. Delete EPAAR 1552.242-71, Contractor Performance
Evaluations. 3. Delete EPAAR 1553.209, Contractor Qualifications, in
its entirety, including all subsections.
[[Page 15923]]
Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).
C. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute; unless the agency certifies that the rule will not have
a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions. For purposes of assessing the
impact of today's proposed rule on small entities, ``small entity'' is
defined as: (1) A small business that meets the definition of a small
business found in the Small Business Act and codified at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise which is independently owned and operated,
and is not dominant in its field. After considering the economic
impacts of today's proposed rule on small entities, I certify that this
action will not have a significant economic impact on a substantial
number of small entities. In determining whether a rule has a
significant economic impact on a substantial number of small entities,
the impact of concern is any significant adverse economic impact on
small entities, because the primary purpose of the regulatory
flexibility analyses is to identify and address regulatory alternatives
``which minimize any significant economic impact of the proposed rule
on small entities'' 5 U.S.C. 603 and 604. Thus, an agency may certify
that a rule will not have a significant economic impact on a
substantial number of small entities if the rule relieves regulatory
burden, or otherwise has a positive economic effect on all of the small
entities subject to the rule. Since documenting past performance is
applicable to large and small entities, this rule will not have a
significant economic impact on small entities. We continue to be
interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA. This
action is also not subject to the requirements of section 203 of UMRA
because it contains no regulatory requirements that might significantly
or uniquely affect small governments.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this action. In the spirit of Executive Order 13132, and
consistent with EPA policy to promote communications between EPA and
State and local governments, EPA specifically solicits comment on this
proposed action from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). Thus, Executive
Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health 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
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards. This action
does not involve technical standards. Therefore, EPA is not considering
the use of any voluntary consensus standards.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA has determined that this final
rule will not have disproportionately high and adverse human health or
environmental effects on minority or low-income populations because it
does not affect the level of protection provided to human health or the
environment.
[[Page 15924]]
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. Section 804 exempts from section 801 the following types
of rules (1) rules of particular applicability; (2) rules relating to
agency management or personnel; and (3) rules of agency organization,
procedure, or practice that do not substantially affect the rights or
obligations of non-agency parties. 5 U.S.C. 804(3). EPA is not required
to submit a rule report regarding today's action under section 801
because this is a rule of agency organization, procedure, or practice
that does not substantially affect the rights or obligations of non-
agency parties.
List of Subjects in 48 CFR Parts 1542, 1552, and 1553
Contractor performance information, Contractor performance
evaluations, Contractor qualifications, Government procurement,
Reporting and recordkeeping requirements.
Dated: February 6, 2014.
John R. Bashita,
Director, Office of Acquisition Management.
For the reasons stated in the preamble, EPA amends 48 CFR Chapter
15 as follows:
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1. The authority citation for 48 CFR parts 1542, 1552 and 1553
continues to read as follows:
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.
PART 1542--CONTRACT ADMINISTRATION
Subpart 1542.15--[Removed]
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2. Remove subpart 1542.15.
PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Sec. 1552.242-71 [Removed]
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3. Remove Sec. 1552.242-71.
PART 1553--FORMS
Sec. Sec. 1553.209, 1553.209-70, and 1553.209-71 [Removed]
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4. Remove Sec. Sec. 1553.209, 1553.209-70, and 1553.209-71.
[FR Doc. 2014-06262 Filed 3-21-14; 8:45 am]
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