[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Proposed Rules]
[Pages 26232-26235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10422]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Part 1511
[EPA-HQ-OARM-2010-0273; FRL-9288-3]
EPAAR Prescription for Work Assignments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) amends the EPA
Acquisition Regulation (EPAAR) to update policy, procedures, and
contract clauses. The proposed rule provides revised language to the
prescription for the work assignment clause, incorporating prescriptive
language that provides further instructions on use of the related
clause.
DATES: Comments must be received on or before June 6, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OARM-2010-0273, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-1753.
Mail: EPA-HQ-OARM-2010-0273, OEI Docket, Environmental
Protection Agency, 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of three (3) copies.
Hand Delivery: EPA Docket Center--Attention OEI Docket,
EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC 20004.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OARM-
2010-0273. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment.
[[Page 26233]]
If you send an e-mail comment directly to EPA without going through
http://www.regulations.gov, your e-mail address will be automatically
captured and included as part of the comment that is placed in the
public docket, and made available on the Internet. If you submit an
electronic comment, EPA recommends that you include your name and other
contact information in the body of your comment, and with any disk or
CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties, and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov, or in hard copy at the Office of
Environmental Information (OEI) Docket, EPA/DC, EPA West, Room 3334,
1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the EPA Docket Center is
(202) 566-1752. This Docket Facility is open from 8:30 a.m. to 4:30
p.m. Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Donna S. Blanding, Policy, Training,
and Oversight Division, Office of Acquisition Management (3802R),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: 202-564-1130; fax number: 202-
565-2475; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
1. Submitting CBI. Do not submit this information to EPA through
http://www.regulations.gov or e-mail. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM
as CBI, and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
Explain why you agree or disagree, suggest alternatives,
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
II. Background
Recent contract file review activities revealed better guidance is
needed for EPA Contracting Officers (COs) on the work plan and work
assignment processes with regard to when a CO should provide the
expected level of service needed to the contractor.
As a result, clarifying policy is being added to the prescription
for 1511.011-74. Accordingly, the revised language incorporated into
EPAAR prescription 1511.011-74 provides the EPA contracting officer
with further instructions on the use of EPAAR clause 1552.211-74, when
administering work assignments under Cost Reimbursable type term form
contracts.
III. Proposed Rule
This rule amends the EPAAR to add policy to the prescription for
using the work assignment clause. The original prescription language
generally states that the work assignment clause, 1552.211-74, shall be
used when a Cost Reimbursable type term form contract with work
assignments will be issued. This policy only adds additional
instructive language. The new policy language contained under 1511.011-
74, Work Assignments (Deviation), will serve to provide contracting
officers with better guidance on issuing a work assignment. Therefore a
revision will not be required to the related EPAAR clause, 1552.211-74
Work Assignments; as this change does not affect the meaning of the
clause. The revised language communicates to contract personnel and
program staff that government cost-related estimates should not be
provided to contractors prior to receiving the contractor's work plan
(proposal); and how to address exceptions. The exceptions addressed in
the policy involve circumstances where a contracting officer may need
to be able to provide some of the expected level of service needed to
the contractor prior to receipt of the work plan (proposal) due to the
nature of the work.
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and 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 today's final rule on small
entities, ``small entity'' is defined as: (1) A small business that
meets the definition of a
[[Page 26234]]
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 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. Rather, this rule on work
assignments only provides clarification to Contracting Officers when
issuing level of effort estimates in a work assignment. Thus, Executive
Order 13132 does not apply to this rule. In the spirit of Executive
Order 13132, and consistent with EPA policy to promote communications
between EPA and State and local governments, EPA specifically solicits
comment on this proposed action from State and local officials.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
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. Rather,
this rule on work assignments only provides clarification to
Contracting Officers when issuing level of effort estimates in a work
assignment. Thus, Executive Order 13175 does not apply to this action.
EPA specifically solicits additional comment on this proposed action
from Tribal officials.
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 proposed rule is not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution of 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 it 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.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This proposed rulemaking does not involve human health or
environmental effects.
This proposed rulemaking does not involve technical standards.
Therefore, EPA is not considering the use of any voluntary consensus
standards.
List of Subjects in 48 CFR Part 1511
Environmental protection, Government procurement.
Dated: March 16, 2011.
John R. Bashista,
Director, Office of Acquisition Management.
Therefore, 48 CFR chapter 15 is proposed to be amended as set forth
below:
PART 1511--DESCRIBING AGENCY NEEDS
1. The authority citation for part 1511 continues to read as
follows:
[[Page 26235]]
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.
2. Revise section 1511.011-74 to read as follows:
1511.011-74 Work Assignments. (Deviation) (Nov 2009).
3. Add sections 1511.011-74-1 and 1511.011-74-2 to read as follows:
1511.011-74-1 Policy.
When issuing work assignments, the independent government cost
estimate shall not be released to the contractor. In most cases the
Contracting Officer (CO) should authorize the contractor to expend only
the estimated labor hours necessary to develop the work plan and to
initiate preliminary tasks which must be performed before work plan
approval can be made. However, in cases where the uncertainties
involved in the effort are of such a magnitude that there is no
reasonable expectation that the contractor can estimate the level of
effort required by the tasks, objectives, or outcomes of the
requirement, the CO may provide a ceiling level of effort for the
entire work assignment at the time of its issuance. In such cases, the
specific uncertainties precluding reasonable estimation of the required
level of effort on the contractor's part must be documented in the
contract file.
1511.011-74-2 Solicitation provision.
The CO shall insert the contract clause at 1552.211.74, Work
Assignments, in cost-reimbursement type term form contracts when work
assignments are used. For Superfund contracts, except for contracts
which require annual conflict of interest certificates (e.g., Site
Specific contracts, the Contract Laboratory Program (CLP), and Sample
Management Office (SMO) contracts), the CO shall use the clause with
either Alternate I or Alternate II. Alternate I shall be used for
contractors who have at least three (3) years of records that may be
searched for certification purposes. Alternate II shall be used for
contractors who do not have at least three (3) years of records that
may be searched.
[FR Doc. 2011-10422 Filed 5-5-11; 8:45 am]
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