81 FR 41235 - Acquistion Regulation: Update to Construction and Architect-Engineer and Key Personnel Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 122 (June 24, 2016)
Federal Register Volume 81, Issue 122 (June 24, 2016)
| Page Range | 41235-41238 | |
| FR Document | 2016-15002 |
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)] [Rules and Regulations] [Pages 41235-41238] From the Federal Register Online [www.thefederalregister.org] [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 http://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 http://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: [email protected]. 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
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information on the availability of this Industrial Development and Siting, Authorization’’, signed by the Attorney
material at NARA, call (202) 741–6030, sections 35–12–101, et seq. General of Wyoming on July 14, 1995,
or go to: http://www.archives.gov/ (ii) Wyoming Hazardous Waste and revisions, supplements and
federal-register/cfr/ibr-locations.html. Management Rules, Chapter 1, General addenda to that Statement dated
(i) The Binder entitled ‘‘EPA- Provisions: Sections 264(e)(i) [with December 9, 1997 and May 11, 2015,
Approved Wyoming Regulatory respect to the Wyoming Voluntary although not incorporated by reference,
Requirements Applicable to the Remediation Program only]; 264(e)(ii); are referenced as part of the authorized
Hazardous Waste Management and 270(n). hazardous waste management program
Program’’, dated March, 2016. (iii) [Reserved] under subtitle C of RCRA, 42 U.S.C.
(ii) [Reserved] (4) Unauthorized state amendments. 6921 et seq.
(2) The EPA considered the following (i) Wyoming has adopted but is not (7) Program Description. The Program
statutes and regulations in evaluating authorized for the following Federal Description and any other materials
the State program but is not final rules: submitted as supplements thereto,
incorporating them herein for (A) Imports and Exports of Hazardous although not incorporated by reference,
enforcement purposes: Waste: Implementation of OECD are referenced as part of the authorized
(i) Wyoming Statutes Annotated Council Division [61 FR 16290, hazardous waste management program
(W.S.), as amended, 2015 Edition, Title 04/12/96] (HSWA—Not delegable to under subtitle C of RCRA, 42 U.S.C.
16, City, County, State, and Local States); 6921 et seq.
Powers: Chapter 1, Intergovernmental (B) Hazardous Waste Combustors;
■ 3. Appendix A to part 272 is amended
Cooperation, section 16–1–101; Chapter Revised Standards [63 FR 33782,
by adding the listing for ‘‘Wyoming’’ to
3, Administrative Procedure, sections 6/19/98] (Non-HSWA—Vacated by the
read as follows:
16–3–101(b)(vi), 16–3–103(h), 16–3– U.S. Court of Appeals for the District of
107(k); Chapter 4, Uniform Municipal Columbia Circuit (D.C. Cir. No. 98–1379 Appendix A to Part 272—State
Fiscal Procedures, Public Records, and 08–1144; June 27, 2014); Requirements
Documents and Meetings, sections 16– (C) Exclusion of Oil-Bearing
* * * * *
4–201, 16–4–203(d)(i), 16–4–203(d)(v). Secondary Materials Processed in a
(ii) W.S., as amended, 2015 Edition, Gasification System to Produce Wyoming
Title 35, Public Health and Safety: Synthesis Gas [73 FR 52, 1/2/08] (Non- The regulatory provisions include:
Chapter 11, Environmental Quality, HSWA—Vacated by the U.S. Court of Wyoming Hazardous Waste Management
Article 1, General Provisions, sections Appeals for the District of Columbia Rules, as amended effective March 18, 2015,
Chapter 1, General Provisions: Sections 2(a)
35–11–102, 35–11–103(a), 35–11– Circuit (D.C. Cir. No. 98–1379 and 08–
and (b); 3; 4; 124(a)(v); 260 (except 260(b)(ii));
103(d)(i), 35–11–103(d)(ii), 35– 1144; June 27, 2014); 261; 262; 263; 264(a) through 264(d), 264(e)(i)
103(d)(vii), 35–11–104 through 35–11– (D) OECD Requirements; Export (except the citation ‘‘W.S. 35–11–1607’’ and
106, 35–11–108 through 35–11–115; Shipments of Spent Lead Acid Batteries the phrase ‘‘or a signed remedy agreement
Article 5, Solid Waste Management, [75 FR 1236, 1/8/10] (Non-HSWA—Not pursuant to W.S. 35–11–1607’’ in the first
sections 35–11–501 through 35–11–503 delegable to States); sentence), 264(e)(iii)(A) and (B), 264(f)
(except 35–11–503(b) and (c)), 35–11– (E) Withdrawal of the Emission through 264(m); 265; 266; 267; 268; 270(a)
504 through 35–11–506, 35–11–508, 35– Comparable Fuel Exclusion [75 FR through 270(m); 273; and 279.
11–509, 35–11–514, 35–11–516, 35–11– 33712, 6/15/10] (Non-HSWA—Vacated Copies of the Wyoming regulations that are
by the U.S. Court of Appeals for the incorporated by reference are available from
518 through 35–11–520; Article 9, Wyoming Secretary of State’s Office, The
Penalties, sections 35–11–901(a), (j), and District of Columbia Circuit (D.C. Cir.
Capitol Building, Room B–10, 200 West 24th
(k); Article 11, Miscellaneous No. 98–1379 and 08–1144; June 27, Street, Cheyenne, Wyoming 82002–0020,
Provisions, sections 35–11–1101, 35– 2014); and (Phone: (307) 777–5407).
11–1105(d), 35–11–1106(a)(iv); Article (F) Revisions to the Definition of
[FR Doc. 2016–14284 Filed 6–23–16; 8:45 am]
16, Voluntary Remediation of Solid Waste [73 FR 64668, 10/30/08].
(ii) Those Federal rules written under BILLING CODE 6560–50–P
Contaminated Sites, section 35–11–
1607(e). RCRA provisions that predate HSWA
(iii) Wyoming Rules of Civil (non-HSWA) which the State has
ENVIRONMENTAL PROTECTION
Procedure, as amended, Rule 24. adopted, but for which it is not
AGENCY
(iv) Wyoming Hazardous Waste authorized, are not federally
Management Rules, Chapter 1, General enforceable. In contrast, the EPA will 48 CFR Parts 1536 and 1537
Provisions: Sections 1(a) through (d); continue to enforce the Federal HSWA
2(c) and (d); 124 (except 124(a)(v)); standards for which Wyoming is not [EPA–HQ–OARM–2013–0370; FRL–9946–
authorized until the State receives 78–OARM]
260(b)(ii); and 270(o) through 270(q).
(v) Wyoming Department of specific authorization from EPA.
Acquistion Regulation: Update to
Environmental Quality, Rules of (5) Memorandum of Agreement. The
Construction and Architect-Engineer
Practice and Procedure, as amended Memorandum of Agreement between
and Key Personnel Requirements
February 14, 1994, Chapter III. the EPA, Region 8 and the State of
(3) The following statutory provisions Wyoming, signed by the State of AGENCY: Environmental Protection
are broader in scope than the Federal Wyoming Department of Environmental Agency (EPA).
program, are not part of the authorized Quality on July 19, 2012, and by the ACTION: Final rule.
program, are not incorporated by EPA Regional Administrator on July 27,
sradovich on DSK3GDR082PROD with RULES
reference and are not federally 2012, although not incorporated by SUMMARY: The Environmental Protection
enforceable: reference, is referenced as part of the Agency (EPA) is issuing a final rule
(i) W.S., as amended, 2015 Edition, authorized hazardous waste amending the EPA Acquisition
Title 35, Public Health and Safety: management program under subtitle C Regulation (EPAAR) to remove the
Chapter 11, Environmental Quality, of RCRA, 42 U.S.C. 6921 et seq. evaluation of contracting performance
Article 5, Solid Waste Management, (6) Statement of legal authority. and to incorporate flexibility to identify
section 35–11–517; Chapter 12, ‘‘Attorney General’s Statement for Final the required number of days of key
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of regulatory policies that have I. National Technology Transfer and of agency organization, procedure, or
federalism implications.’’ ‘‘Policies that Advancement Act of 1995 (NTTAA) practice that do not substantially affect
have federalism implications’’ is Section 12(d) (15 U.S.C. 272 note) of the rights or obligations of non-agency
defined in the Executive Order to NTTA, Public Law 104–113, directs parties. 5 U.S.C. 804(3). EPA is not
include regulations that have EPA to use voluntary consensus required to submit a rule report
‘‘substantial direct effects on the States, standards in its regulatory activities regarding this action under section 801
on the relationship between the national unless to do so would be inconsistent because this is a rule of agency
government and the States, or on the with applicable law or otherwise organization, procedure, or practice that
distribution of power and impractical. Voluntary consensus does not substantially affect the rights or
responsibilities among the various standards are technical standards (e.g., obligations of non-agency parties.
levels of government.’’ This rule does materials specifications, test methods, List of Subjects in 48 CFR Parts 1536
not have federalism implications. It will sampling procedures and business and 1537
not have substantial direct effects on the practices) that are developed or adopted
Environmental protection,
States, on the relationship between the by voluntary consensus standards
Government procurement.
national government and the States, or bodies. The NTTA directs EPA to
on the distribution of power and provide Congress, through OMB, Dated: June 2, 2016.
responsibilities among the various explanations when the Agency decides Denise Polk,
levels of government as specified in not to use available and applicable Acting Director, Office of Acquisition
Executive Order 13132. voluntary consensus standards. This Management.
final rulemaking does not involve Therefore, 48 CFR Chapter 15 is
F. Executive Order 13175: Consultation technical standards. Therefore, EPA is
and Coordination With Indian Tribal amended as set forth below:
not considering the use of any voluntary
Governments consensus standards. PART 1536—CONSTRUCTION AND
Executive Order 13175, entitled J. Executive Order 12898: Federal ARCHITECT–ENGINEER CONTRACTS
‘‘Consultation and Coordination with Actions To Address Environmental ■ 1. The authority citation for part 1536
Indian Tribal Governments’’ (65 FR Justice in Minority Populations and is revised to read as follows:
67249, November 9, 2000), requires EPA Low-Income Populations
to develop an accountable process to Authority: 5 U.S.C. 301 and 41 U.S.C.
Executive Order 12898 (59 FR 7629, 1707.
ensure ‘‘meaningful and timely input by February 16, 1994) establishes federal
tribal officials in the development of executive policy on environmental 1536.201 [Removed]
regulatory policies that have tribal justice. Its main provision directs ■ 2. Remove section 1536.201.
implications.’’ This rule does not have federal agencies, to the greatest extent
tribal implications as specified in practicable and permitted by law, to 1536.209 [Amended]
Executive Order 13175. make environmental justice part of their ■ 3. Amend section 1536.209, paragraph
G. Executive Order 13045: Protection of mission by identifying and addressing, (c), by removing the text ‘‘CCO’’ and
Children From Environmental Health as appropriate, disproportionately high ‘‘RAD’’ and adding the words ‘‘Chief of
and Safety Risks and adverse human health or the Contracting Office’’, in their places.
environmental effects of their programs,
Executive Order 13045, entitled policies, and activities on minority 1536.521 [Amended]
‘‘Protection of Children from populations and low-income ■ 4. Amend section 1536.521 by
Environmental Health and Safety Risks’’ populations in the United States. EPA removing the words ‘‘small purchase’’
(62 FR 19885, April 23, 1997), applies has determined that this final and adding the words ‘‘simplified
to any rule that: (1) Is determined to be rulemaking will not have acquisition threshold’’, two times.
economically significant as defined disproportionately high and adverse
under Executive Order 12886, and (2) human health or environmental effects PART 1537—SERVICE CONTRACTING
concerns an environmental health or on minority or low-income populations
because it does not affect the level of ■ 5. The authority citation for part 1537
safety risk that may have a
protection provided to human health or is revised to read as follows:
proportionate effect on children. This
rule is not subject to Executive Order the environment. This rulemaking does Authority: 5 U.S.C. 301 and 41 U.S.C.
13045 because it is not an economically not involve human health or 1707.
significant rule as defined by Executive environmental effects. ■ 6. Amend section 1537.110 by
Order 12866, and because it does not K. Congressional Review revising paragraphs (b), (c), and (f) to
involve decisions on environmental read as follows:
The Congressional Review Act, 5
health or safety risks.
U.S.C. 801 et seq., as added by the Small 1537.110 Solicitation provisions and
H. Executive Order 13211: Actions That Business Regulatory Enforcement contract clauses.
Significantly Affect Energy Supply, Fairness Act of 1996, generally provides * * * * *
Distribution, or Use that before a rule may take effect, the (b) The Contracting Officer shall
agency promulgating the rule must insert a clause substantially the same as
This final rule is not subject to submit a rule report, which includes a the clause at 1552.237–71, Technical
sradovich on DSK3GDR082PROD with RULES
Executive Order 13211, ‘‘Actions copy of the rule, to each House of the Direction, in solicitations and contracts
Concerning Regulations That Congress and to the Comptroller General where the Contracting Officer intends to
Significantly Affect Energy Supply, of the United States. Section 804 delegate authority to issue technical
Distribution or Use’’ (66 FR 28335, May exempts from section 801 the following direction to the Contracting Officer’s
22, 2001), because it is not a significant types of rules (1) rules of particular Representative(s).
regulatory action under Executive Order applicability; (2) rules relating to agency (c) The Contracting Officer shall insert
12866. management or personnel; and (3) rules the clause at 1552.237–72, Key
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Personnel, in solicitations and contracts I. Background In addition, there are no other
when it is necessary for contract NASA published a proposed rule in alternatives that could further minimize
performance to identify Contractor key the Federal Register at 81 FR 13308 on the already negligible impact on
personnel. Contracting Officers have the March 14, 2016, to amend the NFS to businesses, small or large.
flexibility to identify the required remove references to NASA’s Grant and V. Paperwork Reduction Act
number of days of key personnel Cooperative Agreement Handbook, NPR
commitment during the early stages of The rule does not contain any
5800.1, NASA Grant and Cooperative
contractor performance. The length of Agreement Handbook and Office of information collection requirements that
time will be based on the requirements Management and Budget (OMB) require the approval of OMB under the
of individual acquisitions when Circulars A–21 for educational Paperwork Reduction Act (44 U.S.C.
continued assignment is essential to the institutions and A–122 for nonprofit chapter 35).
successful implementation of the organizations. List of Subjects in 48 CFR Parts 1815
program’s mission. Therefore, and 1852
Contracting Officers may use a clause II. Discussion and Analysis
substantially the same as in 48 CFR No public comments were submitted Government procurement.
1552.237–72, regarding substitution of in response to the proposed rule. The Manuel Quinones,
key personnel. Contracting Officers may proposed rule has been converted to a NASA FAR Supplement Manager.
include a different number of days in final rule without change.
excess of the ninety (90) days included Accordingly, 48 CFR parts 1815 and
III. Executive Orders 12866 and 13563 1852 are amended as follows:
in this clause, if approved at one level
above the Contracting Officer. Executive Orders (E.O.s) 12866 and ■ 1. The authority citation for parts
* * * * * 13563 direct agencies to assess all costs 1815 and 1852 continues to read as
(f) To ensure that Agency contracts and benefits of available regulatory follows:
are administered so as to avoid creating alternatives and, if regulation is Authority: 51 U.S.C. 20113(a) and 48 CFR
an improper employer-employee necessary, to select regulatory chapter 1.
approaches that maximize net benefits
relationship, contracting officers shall
(including potential economic, PART 1815—CONTRACTING BY
insert the contract clause at 1552.237–
environmental, public health and safety NEGOTIATION
76, ‘‘Government-Contractor Relations’’,
effects, distributive impacts, and
in all solicitations and contracts for non- ■ 2. Revise section 1815.602 to read as
equity). E.O. 13563 emphasizes the
personal services that exceed the follows:
importance of quantifying both costs
simplified acquisition threshold.
and benefits, of reducing costs, of
[FR Doc. 2016–15002 Filed 6–23–16; 8:45 am] 1815.602 Policy.
harmonizing rules, and of promoting
BILLING CODE 6560–50–P flexibility. This is not a significant Renewal proposals, (i.e., those for the
regulatory action and, therefore, was not extension or augmentation of current
subject to review under section 6(b) of contracts) are subject to the same FAR
E.O. 12866, Regulatory Planning and and NFS regulations, including the
NATIONAL AERONAUTICS AND
Review, dated September 30, 1993. This requirements of the Competition in
SPACE ADMINISTRATION
rule is not a major rule under 5 U.S.C. Contracting Act, as are proposals for
48 CFR Parts 1815 and 1852 804. new contracts.
RIN 2700–AE27 IV. Regulatory Flexibility Act PART 1852—SOLICITATION
A final regulatory flexibility analysis PROVISIONS AND CONTRACT
NASA Federal Acquisition Regulation has been prepared consistent with the CLAUSES
Supplement: Removal of Grant Regulatory Flexibility Act, 5 U.S.C. 601,
Handbook References (NFS Case ■ 3. Amend section 1852.235–72 by—
et seq., and is summarized as follows: ■ a. Removing from the provision
2016–N001) NASA is issuing a final rule amending
heading ‘‘DEC 2005’’ and adding (JUL
AGENCY: National Aeronautics and the NFS to remove references to the
2016) in its place; and
Space Administration. NASA Grant and Cooperative ■ b. Revising paragraphs (a)(4) and
Agreement Handbook and NPR 5800.1,
ACTION: Final rule. (c)(8)(iii).
NASA Grant and Cooperative The revisions read as follows:
SUMMARY: NASA is issuing a final rule Agreement Handbook. No changes were
amending the NASA Federal made to the final rule. No public 1852.235–72 Instructions for responding
Acquisition Regulation Supplement comments were received in response to to NASA research announcements.
(NFS) to remove references to NASA’s the Initial Regulatory Flexibility * * * * *
Grant and Cooperative Agreement Analysis in the proposed rule. (a) * * *
Handbook, NASA Procedural Therefore, the proposed rule has been (4) A contract, grant, cooperative
Requirements (NPR) 5800.1, NASA adopted as final. NASA does not expect agreement, or other agreement may be
Grant and Cooperative Agreement this final rule to have a significant used to accomplish an effort funded in
Handbook, and Office of Management economic impact on a substantial response to an NRA. NASA will
and Budget (OMB) Circulars A–21 for number of small entities within the determine the appropriate award
educational institutions and A–122 for meaning of the Regulatory Flexibility instrument. Contracts resulting from
sradovich on DSK3GDR082PROD with RULES
nonprofit organizations. Act, 5 U.S.C. 601 et seq., because it NRAs are subject to the Federal
merely removes outdated and Acquisition Regulation and the NASA
DATES: Effective: July 25, 2016.
unnecessary grant and cooperative FAR Supplement. A grant, cooperative
FOR FURTHER INFORMATION CONTACT: agreement references that should not be agreement, or other agreement resulting
Andrew O’Rourke, telephone 202–358– in the NFS. There are no new reporting from NRAs are subject to policies and
4560. requirements or recordkeeping procedures outlined in the Guidebook
SUPPLEMENTARY INFORMATION: requirements associated with this rule. for Proposers Responding to a NASA
VerDate Sep<11>2014 16:19 Jun 23, 2016 Jkt 238001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\24JNR1.SGM 24JNR1](https://thefederalregister.org/doc/81_FR_41357/page/4.svg)
Document Created: 2016-06-24 00:52:49
Document Modified: 2016-06-24 00:52:49
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on July 25, 2016. | |
| Contact | Holly Hubbell, Policy, Training, and Oversight Division, Acquisition Policy and Training Service Center (3802R), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., | |
| FR Citation | 81 FR 41235 | |
| CFR Citation | 48
CFR
1536 48 CFR 1537 | |
| CFR Associated | Environmental Protection and Government Procurement |
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