[Federal Register Volume 64, Number 16 (Tuesday, January 26, 1999)]
[Rules and Regulations]
[Pages 3875-3876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1649]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1516 and 1552
[FRL-6222-5]
Acquisition Regulation: Administrative Amendments
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is issuing this
final rule to amend the EPA Acquisition Regulation (EPAAR) (48 CFR
Chapter 15) to remove obsolete coverage and make other administrative
changes based on recent revisions to the Federal Acquisition Regulation
(FAR). As authorized by section 22(a) of the Office of Federal
Procurement Policy Act, 41 U.S.C. 418b, this rule is being issued
without notice and opportunity for public comment because it does not
impose a significant cost or administrative impact on contractors or
offerors.
EFFECTIVE DATE: February 25, 1999.
FOR FURTHER INFORMATION CONTACT: Louise Senzel, U.S. EPA, Office of
Acquisition Management, (3802R), 401 M Street, SW, Washington, D.C.
20460, Telephone: (202) 564-4367.
SUPPLEMENTARY INFORMATION:
A. Background
As part of the FAR 15 rewrite, the statutory fee limitations
imposed on cost-plus-fixed fee contracts that had been extended to
cost-plus-award fee and cost-plus-incentive fee contracts was
eliminated. The current FAR 15 only places limitations on fee for cost-
plus fixed fee contracts. Additionally, two references included in the
EPAAR 1552.242-70 ``Indirect Costs'' clause are no longer valid due to
revisions in the FAR. This rule provides revised references to parallel
FAR changes.
B. Executive Order 12866
This rule is not a significant regulatory action for the purposes
of E.O. 12866; therefore, no review is required by the Office of
Information and Regulatory Affairs within the Office of Management and
Budget (OMB).
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this rule does
not contain information collection requirements that require the
approval of OMB under the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.)
D. Regulatory Flexibility Act
The EPA certifies that this rule does not exert a significant
economic impact on a substantial number of small entities. The
requirements to contractors under the rule impose no reporting,
recordkeeping, or compliance costs.
E. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess
their regulatory actions on State, local, and tribal governments, and
the private sector. This rule does not contain a Federal mandate that
may result in expenditures of $100 million or more for State, local,
and tribal governments, in the aggregate, or the private sector in one
year. Any private sector costs for this action relate to paperwork
requirements and associated expenditures that are far below the level
established for UMRA applicability. Thus, the rule is not subject to
the requirements of sections 202 and 205 of the UMRA.
F. Executive Order 13045
E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, April 23, 1997), applies to any rule
that: (1) Is determined to be economically significant as defined under
E.O. 12866, and (2) concerns an environmental health or safety risk
that EPA has reason to believe may have a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This rule is not subject to E.O. 13045
because it does not establish an environmental standard intended to
mitigate health or safety risks.
G. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and creates a mandate upon a State, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, E.O. 12875 requires EPA to provide OMB a description of the
extent of EPA's prior consultation with representatives of affected
State, local, and tribal governments, the nature of their concerns,
copies of any written communications from the governments, and a
statement supporting the need to issue the regulation. In addition,
E.O. 12875 requires EPA to develop an effective process permitting
elected officials and other representatives of State, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on State, local, or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
H. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of
[[Page 3876]]
the extent of EPA's prior consultation with representatives of affected
tribal governments, a summary of the nature of their concerns, and a
statement supporting the need to issue the regulation. In addition,
E.O. 13084 requires EPA to develop an effective process permitting
elected and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. Accordingly, the requirements
of section 3(b) of E.O. 13084 do not apply to this rule.
I. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Pub. L. 104-113, section 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. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
This rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.
EPA welcomes comments on this aspect of the rulemaking and
specifically, invites the public to identify potentially-applicable
voluntary consensus standards and to explain why such standards should
be used in this regulation.
J. Submission to Congress and the General Accounting Office
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 affect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of United States prior to
publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
Authority: The provisions of this regulation are issued under 5
U.S.C. 301; Sec. 205(c), 63 Stat. 390.
List of Subjects in 48 CFR Parts 1516 and 1552
Government procurement.
Therefore, 48 CFR Chapter 15 is amended as set forth below:
PART 1516--[AMENDED]
1. The authority citation for Parts 1516 and 1552 continues to read
as follows:
Authority: Sec. 205(c), 63 Stat. 390, as amended.
2. Section 1516.405, paragraph (b) is amended by removing the words
``in accordance with FAR 15.903(d)'' from the final sentence of the
paragraph.
PART 1552--[AMENDED]
3. Section 1552.216-75, is revised to read as follows:
1552.216-75 Base fee and award fee proposal.
As prescribed in 1516.405(b), insert the following clause:
Base Fee and Award Fee Proposal (FEB 1999)
For the purpose of this solicitation, offerors shall propose a
combination of base fee and award fee. Base fee shall not exceed 3%
of the estimated cost, excluding fee, and the award fee shall not be
less than ____% of the total estimated cost, excluding fee. The
combined percentages of base and award fee shall not exceed ____% of
the total estimated cost, excluding fee.
(End of clause)
1552.242-70 [Amended]
4. Section 1552.242-70 is amended by revising the reference ``FAR
42.703(a)'' in the first paragraph of paragraph (a) in the clause to
read ``FAR 42.703-1(a)'' and the reference ``FAR 15.804-4'' in the
undesignated paragraph after paragraph (a) in the clause to read ``FAR
15.406-2''.
Dated: December 14, 1998.
Betty L. Bailey,
Director, Office of Acquisition Management.
[FR Doc. 99-1649 Filed 1-25-99; 8:45 am]
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