80 FR 29708 - Notice and Request for Comment on Local Contracting Preference Interpretation
GULF COAST ECOSYSTEM RESTORATION COUNCIL Federal Register Volume 80, Issue 99 (May 22, 2015)
Federal Register Volume 80, Issue 99 (May 22, 2015)
| Page Range | 29708-29709 | |
| FR Document | 2015-12408 |
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)] [Notices] [Pages 29708-29709] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12408] ======================================================================= ----------------------------------------------------------------------- GULF COAST ECOSYSTEM RESTORATION COUNCIL [Docket Number: 105002015- 1111-04] Notice and Request for Comment on Local Contracting Preference Interpretation AGENCY: Gulf Coast Ecosystem Restoration Council. ACTION: Notice of interpretation and implementation with request for comment. ----------------------------------------------------------------------- SUMMARY: The Gulf Coast Ecosystem Restoration Council (Council) is seeking comment on its planned implementation of the local contracting preference requirement of the Resources and Ecosystem Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act). DATES: Comments on this notice of interpretation and implementation are due June 22, 2015. ADDRESSES: The Council invites comments on its planned implementation of the local contracting preference requirement. Comments may be submitted through one of these methods: Electronic Submission of Comments: Interested persons may submit comments electronically through the Federal eRulemaking Portal at http://www.regulations.gov. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt, and enables the Council to make them available to the public. Comments submitted electronically through the http://www.regulations.gov Web site can be viewed by other commenters and interested members of the public. Mail: Send to Gulf Coast Ecosystem Restoration Council, 500 Poydras Street, Suite 1117, New Orleans, LA 70130. Email: Send to [email protected]. In general, the Council will make such comments available for public inspection and copying on its Web site, http://www.restorethegulf.gov/ without change, including any business or personal information provided, such as names, addresses, email addresses, or telephone numbers. All comments received, including attachments and other supporting materials, will be part of the public record and subject to public disclosure. You should only submit information that you wish to make publicly available. FOR FURTHER INFORMATION CONTACT: Jeffrey Roberson at 202-482-1315. SUPPLEMENTARY INFORMATION: I. Background The RESTORE Act, Public Law 112-141 (July 6, 2012), codified at 33 U.S.C. 1321(t) and note, makes funds available for the restoration and protection of the Gulf Coast Region through a new trust fund in the Treasury of the United States, known as the Gulf Coast Restoration Trust Fund (Trust Fund). The Trust Fund will contain 80 percent of the administrative and civil penalties paid by the responsible parties after July 6, 2012, under the Federal Water Pollution Control Act in connection with the DEEPWATER HORIZON oil spill. These funds will be invested and made available through five components of the RESTORE Act. On August 15, 2014, the Department of Treasury (Treasury) issued regulations (79 FR 48039) applicable to all five components, and which generally describe the responsibilities of the Federal and State entities that administer RESTORE Act programs and carry out restoration activities in the Gulf Coast Region. Two of the five components, the Comprehensive Plan and Spill Impact Components, are administered by the Council, an independent federal entity created by the RESTORE Act. Under the Comprehensive Plan component (33 U.S.C. 1321(t)(2)), the subject of this notice, 30 percent of funds in the Trust Fund will be used to fund the operations of the Council and to carry out projects and programs adopted in the Council's Comprehensive Plan. An Initial Comprehensive Plan was adopted by the Council in August 2013 and is available at http://www.restorethegulf.gov/sites/default/files/Initial%20Comprehensive%20Plan%20Aug%202013.pdf. In the coming months, the Council will create a Funded Priorities List (FPL) to fund and/or prioritize for further review programs and projects that restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches, and coastal wetlands of the Gulf Coast region. Programs and projects selected for funding in the FPL will be funded either through grants to the State members of the Council (Alabama, Florida, Louisiana, Mississippi, and Texas) or interagency agreements to the Federal members of the Council (the Departments of Agriculture, Army, Commerce, and the Interior, the Department in which the Coast Guard is operating, and the Environmental Protection Agency). Those State and Federal members of the Council may in turn award grants or contracts to carry out the funded programs and projects. II. Discussion of This Interpretation and Implementation The RESTORE Act requires the Council to ``develop standard terms to include in contracts for projects and programs awarded pursuant to the Comprehensive Plan that provide a preference to individuals and companies that reside in, are headquartered in, or are principally engaged in business in a Gulf Coast State''. 33 U.S.C. 1321(t)(2)(C)(vii)(V). Application of a local contracting preference at the State and Federal level require separate analysis. At the State level, the Council will not impose any special grant award [[Page 29709]] condition requiring a local contracting preference. Each of the five Gulf Coast States already has a state law or laws pertaining to local contracting preferences. Most of these laws do not provide for any sort of preference for firms local to any other State or, in some cases, prohibit preferences for firms local to other States. Were the Council to require the States to provide a preference for firms local to the other States, those States with prohibitions against such preferences would be unable to participate in the grant program. Having one or more of the Gulf Coast States ineligible to receive grants under the Comprehensive Plan component would be antithetical to the purpose of the RESTORE Act. As such, the Council policy for State contracting action using RESTORE Act funds is to have each State act in conformance with its State law on contracting preferences with no further requirements. This practice is consistent with 2 CFR part 200.319(b) which permits grant recipients to apply state or local geographic preferences in the evaluation of bids or proposals in cases only where a Federal statute, such as the RESTORE Act, expressly mandates or encourages geographical preference. At the Federal level a local contracting preference is permitted only when a statute expressly authorizes or requires it. See 41 U.S.C. 3304(a)(5). It is the position of the Council that 33 U.S.C. 1321(t)(2)(C)(vii)(V) provides such an express authorization. However, given that the Council intends that Federal agencies contracting to implement a program or project under the FPL have discretion to make an award to the offeror whose proposal provides the best value to the Government, the Council has decided that a minimally restrictive form of a local contracting preference is appropriate. Accordingly, contracting Federal agencies may provide a preference to Gulf Coast firms if proposals are determined equivalent under all other evaluation factors or, alternatively, may include a weighted evaluation factor providing a preference to Gulf Coast firm offers. In order to prevent a Gulf Coast firm from serving as merely a pass-through for a firm outside the Gulf Coast region, to be considered a ``local firm'' an offeror must certify that it resides, is headquartered or is principally engaged in business in a Gulf Coast State. Further, the offeror must certify that it will perform at least a minimum percentage of the work under the contract. The methodology for determining whether an offeror meets this test is based on the Small Business Administration's regulation found at 13 CFR 125.6. The text below would be included in solicitations for Comprehensive Plan contracts that apply a local preference, and would be incorporated into the award. This term requires an offeror to disclose its status as a Gulf Coast firm and represent that it will perform a minimum percentage of the cost of the contract. (a) The offeror represents as part of its offer that it ( ) is, ( ) is not a firm residing, headquartered or principally engaged in business in a Gulf Coast state. (b) If the offeror represents that it is a firm residing, headquartered or principally engaged in business in a Gulf Coast state, the offeror shall furnish documentation to support the representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation. (c) The offeror represents that in the case of a contract for services (except construction), the firm will perform services representing at least 50 percent of the total labor costs under the contract with its own employees. (d) The offeror represents that in the case of a contract for supplies or products (other than procurement from a non-manufacturer of such supplies or products), the firm will itself manufacture such supplies or products representing at least 50 percent of the total manufacturing costs under the contract (excluding costs of materials). (e) The offeror represents that in the case of a contract for general construction services, the firm will perform services representing at least 15 percent of the total labor costs under the contract with its own employees. The text below would be included in solicitations for Comprehensive Plan contracts. This term notifies prospective vendors that the contracting agency will prefer Gulf Coast firms in making the award. Proposal Preparation Instructions--Each offeror shall identify whether it is a firm residing, headquartered or principally engaged in business in a Gulf Coast state. Evaluation Factor 1--It is the policy of [Contracting Agency] to encourage the participation of Gulf Coast firms in the procurement process. As a result, this solicitation includes a preference for Gulf Coast firms. If [Contracting Agency] determines all other factors to be equivalent, [Contracting Agency] will give preference to a Gulf Coast firm. [Contracting Agency] will review your Gulf Coast firm status at the time the solicitation closes. Evaluation Factor 2 [to be assigned relative weight by the Contracting Agency]--It is the policy of [Contracting Agency] to encourage the participation of Gulf Coast firms in the procurement process. As a result, this solicitation includes a preference for Gulf Coast firms. The Government will evaluate your proposal to determine if you are a Gulf Coast firm. The Council invites comments on the proposed evaluation factors. Will D. Spoon, Program Analyst, Gulf Coast Ecosystem Restoration Council. [FR Doc. 2015-12408 Filed 5-21-15; 8:45 am] BILLING CODE 3510-EA-P
![29708 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices
Part II of the proposed order prohibits preference requirement of the Resources of the RESTORE Act. On August 15,
Nice-Pak from making any and Ecosystem Sustainability, Tourist 2014, the Department of Treasury
representation about moist toilet tissue Opportunities, and Revived Economies (Treasury) issued regulations (79 FR
unless the representation is non- of the Gulf Coast States Act of 2012 48039) applicable to all five
misleading, and, at the time it is made, (RESTORE Act). components, and which generally
Nice-Pak possesses and relies upon DATES: Comments on this notice of describe the responsibilities of the
competent and reliable evidence that interpretation and implementation are Federal and State entities that
substantiates the representation. due June 22, 2015. administer RESTORE Act programs and
Part III of the proposed order ADDRESSES: The Council invites carry out restoration activities in the
prohibits Nice-Pak from providing the comments on its planned Gulf Coast Region.
means and instrumentalities to others to Two of the five components, the
implementation of the local contracting
make the representations that Nice-Pak Comprehensive Plan and Spill Impact
preference requirement. Comments may
would be prohibited from making by Components, are administered by the
be submitted through one of these
Parts I and II of the proposed order. Council, an independent federal entity
methods:
Part IV of the proposed order contains Electronic Submission of Comments: created by the RESTORE Act. Under the
recordkeeping requirements for Interested persons may submit Comprehensive Plan component (33
advertisements and substantiation U.S.C. 1321(t)(2)), the subject of this
comments electronically through the
relevant to representations covered by notice, 30 percent of funds in the Trust
Federal eRulemaking Portal at http://
Parts I through III of the order. Fund will be used to fund the
www.regulations.gov. Electronic
Parts V, VII and VIII of the proposed operations of the Council and to carry
submission of comments allows the
order require Nice-Pak to: Deliver a out projects and programs adopted in
commenter maximum time to prepare
copy of the order to certain personnel the Council’s Comprehensive Plan. An
and submit a comment, ensures timely
having managerial responsibilities with Initial Comprehensive Plan was adopted
receipt, and enables the Council to make
respect to the subject matter of the by the Council in August 2013 and is
them available to the public. Comments
order; notify the Commission of changes available at http://
submitted electronically through the
in corporate structure that might affect www.restorethegulf.gov/sites/default/
http://www.regulations.gov Web site can
compliance obligations under the order; files/Initial%20Comprehensive
be viewed by other commenters and %20Plan%20Aug%202013.pdf. In the
and file compliance reports with the interested members of the public.
Commission. coming months, the Council will create
Mail: Send to Gulf Coast Ecosystem
Part VI of the proposed order requires a Funded Priorities List (FPL) to fund
Restoration Council, 500 Poydras Street,
Nice-Pak to provide notice of the order and/or prioritize for further review
Suite 1117, New Orleans, LA 70130.
to its private label customers. programs and projects that restore and
Email: Send to frcomments@
Part IX of the proposed order provides protect the natural resources,
restorethegulf.gov.
that the order will terminate after In general, the Council will make ecosystems, fisheries, marine and
twenty (20) years, with certain wildlife habitats, beaches, and coastal
such comments available for public
exceptions. wetlands of the Gulf Coast region.
inspection and copying on its Web site,
The purpose of this analysis is to Programs and projects selected for
http://www.restorethegulf.gov/ without funding in the FPL will be funded either
facilitate public comment on the change, including any business or
proposed order, and it is not intended through grants to the State members of
personal information provided, such as the Council (Alabama, Florida,
to constitute an official interpretation of names, addresses, email addresses, or
the complaint or proposed order, or to Louisiana, Mississippi, and Texas) or
telephone numbers. All comments interagency agreements to the Federal
modify the proposed order’s terms in received, including attachments and
any way. members of the Council (the
other supporting materials, will be part Departments of Agriculture, Army,
By direction of the Commission. of the public record and subject to Commerce, and the Interior, the
Donald S. Clark, public disclosure. You should only Department in which the Coast Guard is
Secretary. submit information that you wish to operating, and the Environmental
[FR Doc. 2015–12462 Filed 5–21–15; 8:45 am] make publicly available. Protection Agency). Those State and
BILLING CODE 6750–01–P FOR FURTHER INFORMATION CONTACT: Federal members of the Council may in
Jeffrey Roberson at 202–482–1315. turn award grants or contracts to carry
SUPPLEMENTARY INFORMATION: out the funded programs and projects.
GULF COAST ECOSYSTEM I. Background II. Discussion of This Interpretation
RESTORATION COUNCIL and Implementation
The RESTORE Act, Public Law 112–
[Docket Number: 105002015– 1111–04] 141 (July 6, 2012), codified at 33 U.S.C. The RESTORE Act requires the
1321(t) and note, makes funds available Council to ‘‘develop standard terms to
Notice and Request for Comment on for the restoration and protection of the include in contracts for projects and
Local Contracting Preference Gulf Coast Region through a new trust programs awarded pursuant to the
Interpretation fund in the Treasury of the United Comprehensive Plan that provide a
AGENCY: Gulf Coast Ecosystem States, known as the Gulf Coast preference to individuals and
Restoration Trust Fund (Trust Fund). companies that reside in, are
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Restoration Council.
ACTION: Notice of interpretation and The Trust Fund will contain 80 percent headquartered in, or are principally
implementation with request for of the administrative and civil penalties engaged in business in a Gulf Coast
comment. paid by the responsible parties after July State’’. 33 U.S.C. 1321(t)(2)(C)(vii)(V).
6, 2012, under the Federal Water Application of a local contracting
SUMMARY: The Gulf Coast Ecosystem Pollution Control Act in connection preference at the State and Federal level
Restoration Council (Council) is seeking with the DEEPWATER HORIZON oil require separate analysis.
comment on its planned spill. These funds will be invested and At the State level, the Council will not
implementation of the local contracting made available through five components impose any special grant award
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![Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Notices 29709
condition requiring a local contracting Administration’s regulation found at 13 The Council invites comments on the
preference. Each of the five Gulf Coast CFR 125.6. proposed evaluation factors.
States already has a state law or laws The text below would be included in
Will D. Spoon,
pertaining to local contracting solicitations for Comprehensive Plan
preferences. Most of these laws do not contracts that apply a local preference, Program Analyst, Gulf Coast Ecosystem
Restoration Council.
provide for any sort of preference for and would be incorporated into the
firms local to any other State or, in some award. This term requires an offeror to [FR Doc. 2015–12408 Filed 5–21–15; 8:45 am]
cases, prohibit preferences for firms disclose its status as a Gulf Coast firm BILLING CODE 3510–EA–P
local to other States. Were the Council and represent that it will perform a
to require the States to provide a minimum percentage of the cost of the
preference for firms local to the other contract. DEPARTMENT OF HEALTH AND
States, those States with prohibitions (a) The offeror represents as part of its offer HUMAN SERVICES
against such preferences would be that it ( ) is, ( ) is not a firm residing,
unable to participate in the grant headquartered or principally engaged in Centers for Disease Control and
program. Having one or more of the Gulf business in a Gulf Coast state. Prevention
Coast States ineligible to receive grants (b) If the offeror represents that it is a firm
under the Comprehensive Plan residing, headquartered or principally [30Day–15–0953]
component would be antithetical to the engaged in business in a Gulf Coast state, the
purpose of the RESTORE Act. As such, offeror shall furnish documentation to Agency Forms Undergoing Paperwork
support the representation if requested by the Reduction Act Review
the Council policy for State contracting Contracting Officer. The solicitation may
action using RESTORE Act funds is to require the offeror to submit with its offer The Centers for Disease Control and
have each State act in conformance with documentation to support the representation. Prevention (CDC) has submitted the
its State law on contracting preferences (c) The offeror represents that in the case following information collection request
with no further requirements. This of a contract for services (except
to the Office of Management and Budget
practice is consistent with 2 CFR part construction), the firm will perform services
representing at least 50 percent of the total (OMB) for review and approval in
200.319(b) which permits grant accordance with the Paperwork
recipients to apply state or local labor costs under the contract with its own
employees. Reduction Act of 1995. The notice for
geographic preferences in the evaluation
(d) The offeror represents that in the case the proposed information collection is
of bids or proposals in cases only where of a contract for supplies or products (other published to obtain comments from the
a Federal statute, such as the RESTORE than procurement from a non-manufacturer public and affected agencies.
Act, expressly mandates or encourages of such supplies or products), the firm will Written comments and suggestions
geographical preference. itself manufacture such supplies or products
At the Federal level a local from the public and affected agencies
representing at least 50 percent of the total
contracting preference is permitted only manufacturing costs under the contract concerning the proposed collection of
when a statute expressly authorizes or (excluding costs of materials). information are encouraged. Your
requires it. See 41 U.S.C. 3304(a)(5). It (e) The offeror represents that in the case comments should address any of the
is the position of the Council that 33 of a contract for general construction following: (a) Evaluate whether the
U.S.C. 1321(t)(2)(C)(vii)(V) provides services, the firm will perform services proposed collection of information is
representing at least 15 percent of the total necessary for the proper performance of
such an express authorization. However, labor costs under the contract with its own
given that the Council intends that the functions of the agency, including
employees. whether the information will have
Federal agencies contracting to
implement a program or project under The text below would be included in practical utility; (b) Evaluate the
the FPL have discretion to make an solicitations for Comprehensive Plan accuracy of the agencies estimate of the
award to the offeror whose proposal contracts. This term notifies prospective burden of the proposed collection of
provides the best value to the vendors that the contracting agency will information, including the validity of
Government, the Council has decided prefer Gulf Coast firms in making the the methodology and assumptions used;
that a minimally restrictive form of a award. (c) Enhance the quality, utility, and
local contracting preference is Proposal Preparation Instructions—Each clarity of the information to be
appropriate. Accordingly, contracting offeror shall identify whether it is a firm collected; (d) Minimize the burden of
Federal agencies may provide a residing, headquartered or principally the collection of information on those
preference to Gulf Coast firms if engaged in business in a Gulf Coast state. who are to respond, including through
proposals are determined equivalent Evaluation Factor 1—It is the policy of the use of appropriate automated,
[Contracting Agency] to encourage the electronic, mechanical, or other
under all other evaluation factors or,
participation of Gulf Coast firms in the technological collection techniques or
alternatively, may include a weighted procurement process. As a result, this
evaluation factor providing a preference other forms of information technology,
solicitation includes a preference for Gulf
to Gulf Coast firm offers. Coast firms. If [Contracting Agency]
e.g., permitting electronic submission of
In order to prevent a Gulf Coast firm determines all other factors to be equivalent, responses; and (e) Assess information
from serving as merely a pass-through [Contracting Agency] will give preference to collection costs.
for a firm outside the Gulf Coast region, a Gulf Coast firm. [Contracting Agency] will To request additional information on
to be considered a ‘‘local firm’’ an review your Gulf Coast firm status at the time the proposed project or to obtain a copy
offeror must certify that it resides, is the solicitation closes. of the information collection plan and
asabaliauskas on DSK5VPTVN1PROD with NOTICES
headquartered or is principally engaged Evaluation Factor 2 [to be assigned relative instruments, call (404) 639–7570 or
in business in a Gulf Coast State. weight by the Contracting Agency]—It is the send an email to omb@cdc.gov. Written
policy of [Contracting Agency] to encourage comments and/or suggestions regarding
Further, the offeror must certify that it
the participation of Gulf Coast firms in the
will perform at least a minimum procurement process. As a result, this
the items contained in this notice
percentage of the work under the solicitation includes a preference for Gulf should be directed to the Attention:
contract. The methodology for Coast firms. The Government will evaluate CDC Desk Officer, Office of Management
determining whether an offeror meets your proposal to determine if you are a Gulf and Budget, Washington, DC 20503 or
this test is based on the Small Business Coast firm. by fax to (202) 395–5806. Written
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Document Created: 2015-12-15 15:44:46
Document Modified: 2015-12-15 15:44:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of interpretation and implementation with request for comment. | |
| Dates | Comments on this notice of interpretation and implementation are due June 22, 2015. | |
| Contact | Jeffrey Roberson at 202-482-1315. | |
| FR Citation | 80 FR 29708 |
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