81_FR_14576 81 FR 14524 - Contracting Initiative

81 FR 14524 - Contracting Initiative

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 81, Issue 52 (March 17, 2016)

Page Range14524-14525
FR Document2016-06012

The DOT has extended the contracting initiative pilot program for a period of 1 year until March 6, 2017.

Federal Register, Volume 81 Issue 52 (Thursday, March 17, 2016)
[Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)]
[Notices]
[Pages 14524-14525]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06012]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Contracting Initiative

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The DOT has extended the contracting initiative pilot program 
for a period of 1 year until March 6, 2017.

DATES: This pilot program became effective on March 6, 2015.

FOR FURTHER INFORMATION CONTACT: For technical information: Mr. Michael 
Harkins, Deputy Assistant General Counsel for General Law, Office, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., Washington, 
DC 20590, 202-366-0590 (telephone), [email protected] (email).

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may also be downloaded from the 
Office of the Federal Register's home page at http://www.archives.gov/federal_register and the Government Printing Office's Web page at 
http://www.gpoaccess.gov.

Background

    On March 6, 2015, DOT published a notice in the Federal Register 
(80 FR 12257) establishing a contracting initiative pilot program under 
which, Federal Highway Administration (FHWA) and Federal Transit 
Administration (FTA) recipients and subrecipients could utilize various 
contracting requirements that generally have been disallowed due to 
concerns about adverse impacts on competition. The purpose of the pilot 
program is to determine whether the use of such requirements ``unduly 
limit competition,'' as provided in an August 23, 2013, opinion from 
the Department of Justice's Office of Legal Counsel (OLC). DOT 
established the pilot program for a period of 1 year unless extended. 
DOT has decided to extend this pilot program for a period of 1 
additional year until March 6, 2017. The extension of this pilot 
program will provide FHWA and FTA recipients and subrecipients 
flexibility to continue operating under the pilot program while DOT 
conducts its evaluation as well as provide DOT with additional projects 
to consider in evaluating the impacts on competition. The Department 
extended the pilot program on March 4, 2016. A notice of extension was 
posted on the Department's Web site at https://www.transportation.gov/regulations/whats-new.
    Please note that Section 415 of the Consolidated Appropriations 
Act, 2016,

[[Page 14525]]

Public Law 114-113 (FY 2016 Appropriations Act), continues the 
restriction on the Federal Transit Administration (FTA) from using FY 
2016 funds to implement, administer or enforce 49 CFR 18.36(c)(2) for 
construction hiring. Accordingly, FTA recipients and subrecipients do 
not need to submit applications for participation in the pilot program 
for contracts awarded or advertised on or before September 30, 2016.
    Additionally, we note that Section 192 of the FY 2016 
Appropriations Act expressly authorizes DOT-assisted contracts under 
titles 49 and 23 of the United States Code utilizing geographic, 
economic, or other hiring preferences not otherwise authorized by law 
if the grant recipient certifies the following:
    (1) That except with respect to apprentices or trainees, a pool of 
readily available but unemployed individuals possessing the knowledge, 
skill, and ability to perform the work that the contract requires 
resides in the jurisdiction;
    (2) That the grant recipient will include appropriate provisions in 
its bid document ensuring that the contractor does not displace any of 
its existing employees in order to satisfy such hiring preference; and
    (3) That any increase in the cost of labor, training, or delays 
resulting from the use of such hiring preference does not delay or 
displace any transportation project in the applicable Statewide 
Transportation Improvement Program or Transportation Improvement 
Program.
    Accordingly, recipients and subrecipients should follow the 
application process described in the March 6, 2015, Federal Register 
notice (80 FR 12257) except that recipients and subrecipients must also 
include the required certifications from Section 192 of the FY 2016 
Appropriations Act as discussed above.

    Issued in Washington, DC, on March 8, 2016.
Anthony R. Foxx,
Secretary of Transportation.
[FR Doc. 2016-06012 Filed 3-16-16; 8:45 am]
BILLING CODE 4910-9X-P



                                                    14524                             Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices

                                                         precedent-setting and requires                               Meaning of Application Number                                         P—Party To Exemption Request
                                                         extensive analysis                                           Suffixes                                                                Issued in Washington, DC, on March 10,
                                                    4. Staff review delayed by other priority                         N—New application                                                     2016.
                                                         issues or volume of special permit                           M—Modification request                                                Donald Burger,
                                                         applications                                                 R—Renewal Request                                                     Chief, General Approvals and Permits.

                                                                                                                         MODIFICATION TO SPECIAL PERMITS
                                                                                                                                                                                                                                  Estimated
                                                      Application                                                                                                                                                Reason for
                                                                                                                                   Applicant                                                                                        date of
                                                         No.                                                                                                                                                       delay          completion

                                                    16412–M .....      Nantong CMC Tank Equipment Co. Ltd. Jiangsu, Province .........................................................                                        4   03–31–2016
                                                    15628–M .....      Chemours Company FC, LLC Wilmington, DE .............................................................................                                  4   03–31–2016
                                                    15610–M .....      TechKnowServ Corp. State College, PA .......................................................................................                           4   03–31–2016
                                                    15537–M .....      Alaska Pacific Powder Company Watkins, CO .............................................................................                                4   04–15–2016
                                                    7607–M .......     Thermo Fisher Scientific Franklin, MA ...........................................................................................                      4   03–31–2016
                                                    16035–M .....      LCF Systems, Inc. Scottsdale, AZ .................................................................................................                     4   04–30–2016
                                                    14437–M .....      Columbiana Boiler Company (CBCo), LLCColumbiana, OH ........................................................                                           4   02–15–2016


                                                                                                                        NEW SPECIAL PERMIT APPLICATIONS
                                                                                                                                                                                                                                  Estimated
                                                      Application                                                                                                                                                Reason for
                                                                                                                                   Applicant                                                                                        date of
                                                         No.                                                                                                                                                       delay          completion

                                                    15767–N   ......   Union Pacific Railroad Company Omaha, NE ...............................................................................                               3   02–29–2016
                                                    16001–N   ......   VELTEK ASSOCIATES, INC. Malvern, PA ...................................................................................                                3   03–31–2016
                                                    16477–N   ......   Hydroid, Inc. Pocasset, MA ...........................................................................................................                 4   03–15–2016
                                                    16495–N   ......   TransRail Innovation, Inc. Calgary .................................................................................................                   4   03–31–2016
                                                    16524–N   ......   Quantum Fuel Systems Technologies Worldwide, Inc. Lake Forest, CA .....................................                                                4   03–15–2016
                                                    16463–N   ......   Salco Products Lemont, IL .............................................................................................................                3   03–31–2016
                                                    16571–N   ......   Chevron USA Inc. San Ramon, CA ...............................................................................................                         4   04–15–2016
                                                    16559–N   ......   HTEC Hydrogen Technology & Energy Corporation North Vancouver, BC; Canada ..................                                                           4   04–30–2016
                                                    16560–N   ......   LightSail Energy, Inc. Berkeley, CA ...............................................................................................                    4   04–30–2016


                                                                                                                    PARTY TO SPECIAL PERMITS APPLICATION
                                                                                                                                                                                                                                  Estimated
                                                      Application                                                                                                                                                Reason for
                                                                                                                                   Applicant                                                                                        date of
                                                         No.                                                                                                                                                       delay          completion

                                                    16279–P ......     AEG Environmental Products & Services, Inc.; Westminster, MD ................................................                                          4   03–31–2016



                                                    [FR Doc. 2016–06054 Filed 3–16–16; 8:45 am]                       DC 20590, 202–366–0590 (telephone),                                   determine whether the use of such
                                                    BILLING CODE 4910–60–M                                            Michael.Harkins@dot.gov (email).                                      requirements ‘‘unduly limit
                                                                                                                      SUPPLEMENTARY INFORMATION:                                            competition,’’ as provided in an August
                                                                                                                                                                                            23, 2013, opinion from the Department
                                                    DEPARTMENT OF TRANSPORTATION                                      Electronic Access                                                     of Justice’s Office of Legal Counsel
                                                                                                                        An electronic copy of this document                                 (OLC). DOT established the pilot
                                                    Office of the Secretary                                                                                                                 program for a period of 1 year unless
                                                                                                                      may also be downloaded from the Office
                                                                                                                      of the Federal Register’s home page at                                extended. DOT has decided to extend
                                                    Contracting Initiative
                                                                                                                      http://www.archives.gov/federal_register                              this pilot program for a period of 1
                                                    AGENCY:Office of the Secretary (OST),                             and the Government Printing Office’s                                  additional year until March 6, 2017. The
                                                    Department of Transportation (DOT).                               Web page at http://www.gpoaccess.gov.                                 extension of this pilot program will
                                                                                                                                                                                            provide FHWA and FTA recipients and
                                                    ACTION:   Notice.                                                 Background                                                            subrecipients flexibility to continue
                                                                                                                        On March 6, 2015, DOT published a                                   operating under the pilot program while
                                                    SUMMARY:   The DOT has extended the
                                                                                                                      notice in the Federal Register (80 FR                                 DOT conducts its evaluation as well as
                                                    contracting initiative pilot program for a
                                                                                                                      12257) establishing a contracting                                     provide DOT with additional projects to
                                                    period of 1 year until March 6, 2017.
                                                                                                                      initiative pilot program under which,                                 consider in evaluating the impacts on
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    DATES:  This pilot program became                                 Federal Highway Administration                                        competition. The Department extended
                                                    effective on March 6, 2015.                                       (FHWA) and Federal Transit                                            the pilot program on March 4, 2016. A
                                                    FOR FURTHER INFORMATION CONTACT:   For                            Administration (FTA) recipients and                                   notice of extension was posted on the
                                                    technical information: Mr. Michael                                subrecipients could utilize various                                   Department’s Web site at https://
                                                    Harkins, Deputy Assistant General                                 contracting requirements that generally                               www.transportation.gov/regulations/
                                                    Counsel for General Law, Office, U.S.                             have been disallowed due to concerns                                  whats-new.
                                                    Department of Transportation, 1200                                about adverse impacts on competition.                                   Please note that Section 415 of the
                                                    New Jersey Avenue SE., Washington,                                The purpose of the pilot program is to                                Consolidated Appropriations Act, 2016,


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                                                                                 Federal Register / Vol. 81, No. 52 / Thursday, March 17, 2016 / Notices                                                  14525

                                                    Public Law 114–113 (FY 2016                               (3) That any increase in the cost of                Advisory Committee Act, 5 U.S.C. App.
                                                    Appropriations Act), continues the                      labor, training, or delays resulting from             2, that a meeting of the Geriatrics and
                                                    restriction on the Federal Transit                      the use of such hiring preference does                Gerontology Advisory Committee will
                                                    Administration (FTA) from using FY                      not delay or displace any transportation              be held on April 19–20, 2016, in
                                                    2016 funds to implement, administer or                  project in the applicable Statewide                   Conference Room 730 at the Department
                                                    enforce 49 CFR 18.36(c)(2) for                          Transportation Improvement Program or                 of Veterans Affairs, 810 Vermont
                                                    construction hiring. Accordingly, FTA                   Transportation Improvement Program.                   Avenue NW., Washington, DC. The
                                                    recipients and subrecipients do not                       Accordingly, recipients and                         Notice of Meeting appeared in the
                                                    need to submit applications for                         subrecipients should follow the                       Federal Register on February 29, 2016
                                                    participation in the pilot program for                  application process described in the                  (81 FR 10370) on page 10370. The
                                                    contracts awarded or advertised on or                   March 6, 2015, Federal Register notice                Notice of Meeting should have read: On
                                                    before September 30, 2016.                              (80 FR 12257) except that recipients and              April 19, the session will begin at 8:30
                                                      Additionally, we note that Section                    subrecipients must also include the                   a.m. and end at 5:00 p.m. On April 20,
                                                    192 of the FY 2016 Appropriations Act                   required certifications from Section 192              the session will begin at 8:00 a.m. and
                                                    expressly authorizes DOT-assisted                       of the FY 2016 Appropriations Act as                  end at noon. This meeting is open to the
                                                    contracts under titles 49 and 23 of the                 discussed above.                                      public.
                                                    United States Code utilizing geographic,                  Issued in Washington, DC, on March 8,                  Interested parties should contact Mrs.
                                                    economic, or other hiring preferences                   2016.                                                 Marcia Holt-Delaney, Program Analyst,
                                                    not otherwise authorized by law if the                  Anthony R. Foxx,                                      Geriatrics and Extended Care Services
                                                    grant recipient certifies the following:                Secretary of Transportation.                          (10P4G), Department of Veterans
                                                      (1) That except with respect to                                                                             Affairs, 810 Vermont Avenue NW.,
                                                                                                            [FR Doc. 2016–06012 Filed 3–16–16; 8:45 am]
                                                    apprentices or trainees, a pool of readily                                                                    Washington, DC 20420, or via email at
                                                                                                            BILLING CODE 4910–9X–P
                                                    available but unemployed individuals                                                                          Marcia.Holt-Delaney@va.gov.
                                                    possessing the knowledge, skill, and                                                                          Individuals who wish to attend the
                                                    ability to perform the work that the                                                                          meeting should contact Mrs. Holt-
                                                    contract requires resides in the                        DEPARTMENT OF VETERANS
                                                                                                            AFFAIRS                                               Delaney at (202) 461–6769.
                                                    jurisdiction;
                                                      (2) That the grant recipient will                                                                             Dated: March 14, 2016.
                                                                                                            Geriatrics and Gerontology Advisory                   Jelessa Burney,
                                                    include appropriate provisions in its bid
                                                                                                            Committee; Notice of Meeting—                         Federal Advisory Committee Management
                                                    document ensuring that the contractor
                                                                                                            Correction (81 FR 10370)                              Officer.
                                                    does not displace any of its existing
                                                    employees in order to satisfy such                        The Department of Veterans Affairs                  [FR Doc. 2016–06007 Filed 3–16–16; 8:45 am]
                                                    hiring preference; and                                  (VA) gives notice under the Federal                   BILLING CODE P
asabaliauskas on DSK3SPTVN1PROD with NOTICES




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Document Created: 2016-03-17 00:58:44
Document Modified: 2016-03-17 00:58:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThis pilot program became effective on March 6, 2015.
ContactFor technical information: Mr. Michael Harkins, Deputy Assistant General Counsel for General Law, Office, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, 202-366-0590 (telephone), [email protected] (email).
FR Citation81 FR 14524 

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