Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Rules and Regulations 29793 

(4) The construction of replacement 

homes, repairs or additions; 

(5) The development of farm, ranch or 

aquaculture, including soil and water 

conservation; 

(6) The enhanced construction, 

reconstruction, operation and 

maintenance of revenue-producing 

improvements intended to benefit 

occupants of Hawaiian home lands; 

(7) The making of investments in 

water and other utilities, supplies, 

equipment, and goods, as well as 

professional services needed to plan, 

implement, develop or operate such 

projects that will improve the value of 

Hawaiian home lands for their current 

and future occupants; and, 

(8) The establishment and 

maintenance of an account to serve as 

a reserve for loans issued or backed by 

the Federal Government. 

(b) The Secretary will determine if the 

proposed amendment or any other 

legislative action decreases the abovedescribed or similar benefits to the 

beneficiaries, now or in the future, by 

weighing the answers to the following 

questions: 

(1) How would the proposed 

amendment impact the benefits to 

current lessees of Hawaiian home lands? 

(2) How would the proposed 

amendment impact the benefits to 

beneficiaries currently on a waiting list 

for a Hawaiian home lands lease? 

(3) How would the proposed 

amendment impact the benefits to 

beneficiaries who have not yet applied 

for a Hawaiian home lands lease? 

(4) If the interests of the beneficiaries 

who have not been awarded a Hawaiian 

home lands lease and the lessees differ, 

how does the proposed amendment 

weigh the interests of beneficiaries who 

have not been awarded a Hawaiian 

home lands lease with the interests of 

Hawaiian home lands lessees? 

(5) If the interests of the beneficiaries 

who have not been awarded a Hawaiian 

home lands lease and the lessees differ, 

do the benefits to the lessees outweigh 

any detriment to the beneficiaries who 

have not been awarded a Hawaiian 

home lands lease? 

(6) If the interests of the beneficiaries 

differ from the interests of the lessees, 

do the benefits to the beneficiaries 

outweigh any detriment to the lessees? 

§ 48.30 How does the Secretary determine 

if Congressional approval is unnecessary? 

The Secretary will determine that 

Congressional approval is unnecessary 

if the proposed amendment meets none 

of the criteria in § 48.20. 

§ 48.35 When must the Secretary 

determine if the proposed amendment 

requires Congressional approval? 

The Secretary will review the 

documents submitted by the Chairman, 

and if they meet the requirements of 

§ 48.15, the Secretary will determine 

within 60 days after receiving them if 

the proposed amendment requires 

Congressional approval. 

§ 48.40 What notification will the Secretary 

provide? 

(a) If the Secretary determines that 

Congressional approval of the proposed 

amendment is unnecessary, the 

Secretary will: 

(1) Notify the Chairmen of the Senate 

Committee on Energy and Natural 

Resources and of the House Committee 

on Natural Resources, the Governor, 

Speaker of the House of Representatives 

and President of the Senate of the State 

of Hawai1i, and the Chairman of the 

Hawaiian Homes Commission; and 

(2) Include, if appropriate, an opinion 

on whether the proposed amendment 

advances the interests of the 

beneficiaries. 

(b) If the Secretary determines that 

Congressional approval of the proposed 

amendment is required, the Secretary 

will notify the Chairmen of the Senate 

Committee on Energy and Natural 

Resources and of the House Committee 

on Natural Resources, the Governor, 

Speaker of the House of Representatives 

and President of the Senate of the State 

of Hawai1i, and the Chairman of the 

Hawaiian Homes Commission. The 

Secretary will also submit to the 

Committees the following: 

(1) A draft joint resolution approving 

the proposed amendment; 

(2) A description of the change made 

by the proposed amendment and an 

explanation of how the proposed 

amendment advances the interests of 

the beneficiaries; 

(3) A comparison of the existing law 

with the proposed amendment; 

(4) A recommendation on the 

advisability of approving the proposed 

amendment; 

(5) All documentation concerning the 

proposed amendment received from the 

Chairman; and 

(6) All documentation concerning the 

proposed amendment received from the 

beneficiaries. 

(c) The Secretary will post notice of 

the determination on the Department of 

the Interior’s Web site. 

§ 48.45 When is a proposed amendment 

deemed effective? 

(a) If the Secretary determines that a 

proposed amendment meets none of the 

criteria in § 48.20, the effective date of 

the proposed amendment is the date of 

the notification letter to the 

Congressional Committee Chairmen. 

(b) If the Secretary determines that the 

proposed amendment requires 

congressional approval then the 

effective date of the proposed 

amendment is the date that Congress’s 

approval becomes law. 

§ 48.50 Can the State of Hawai1i amend the 

Hawaiian Homes Commission Act without 

Secretarial review? 

The Secretary must review all 

proposed amendments to the Hawaiian 

Homes Commission Act. Any proposed 

amendments to any terms or provisions 

of the Hawaiian Homes Commission Act 

by the State must also specifically state 

that the proposed amendment proposes 

to amend the Hawaiian Homes 

Commission Act. Any state enactment 

that impacts any of the criteria in 

§ 48.20 shall have no effect on the 

provisions of the HHCA or 

administration of the Trust, except 

pursuant to this part. 

[FR Doc. 2016–11146 Filed 5–11–16; 12:00 pm] 

BILLING CODE 4334–63–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1519 and 1552 

[EPA–HQ–OARM–2015–0550; FRL 9945–69– 

OARM] 

Environmental Protection Agency 

Acquisition Regulation; Small 

Business Programs, Solicitation 

Provisions and Contract Clauses 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing a final rule to 

remove outdated information and make 

administrative changes to the 

Environmental Protection Agency 

Acquisition Regulation (EPAAR). EPA 

does not anticipate any adverse 

comments. 

DATES: This rule is effective on July 12, 

2016 without further action, unless EPA 

receives adverse comment by June 13, 

2016. If EPA receives adverse comment, 

a timely withdrawal will be published 

in the Federal Register informing the 

public that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2015–0550, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 


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edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the Web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Julianne Odend’hal, Policy, Training, 

and Oversight Division, Acquisition 

Policy and Training Service Center 

(3802R), Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; telephone 

number: (202) 564–5218; email address: 

odend’hal.julianne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because EPA views 

this as a noncontroversial action and 

anticipates no adverse comments. 

EPAAR Parts 1519 and 1552 are being 

amended to remove outdated 

information and to make administrative 

changes. If EPA receives adverse 

comment, a timely withdrawal will be 

published in the Federal Register 

informing the public that the rule will 

not take effect. Any parties interested in 

commenting must do so at this time. 

II. Does this action apply to me? 

The EPAAR applies to contractors 

who have a contract with the EPA. 

III. What should I consider as I prepare 

my comments for EPA? 

A. Submitting CBI. Do not submit this 

information to EPA through http://

www.regulations.gov or email. 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. 

B. 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. 

IV. Background 

EPAAR Parts 1519 and 1552 are being 

amended to remove outdated 

information and to make administrative 

changes. 

V. Final Rule 

This direct final rule makes the 

following changes: (1) Updates outdated 

terms throughout EPAAR Parts 1519 

and 1552 by removing ‘‘Office of Small 

and Disadvantaged Business Utilization 

(OSDBU)’’ and adding ‘‘Office of Small 

Business Programs (OSBP)’’ in its place, 

removing ‘‘Small and Disadvantaged 

Business Utilization Specialists’’ and 

adding ‘‘Small Business Specialists’’ in 

its place, removing ‘‘Subcontracting 

with Small Business and Small 

Disadvantaged Business Concerns’’ and 

adding ‘‘Small Business Subcontracting 

Program’’ in its place; (2) amends 

section 1519.201 by removing the words 

‘‘and the local’’ and adding the words 

‘‘(CCO)s or Regional Acquisitions 

Managers (RAMs), the assigned’’ in its 

place; (3) amends section 1519.201–72, 

paragraph (a), by removing the words 

‘‘for each contracting office’’, and 

adding the words ‘‘The appointing 

authorities for regional SBS are the 

RAMs. The SBSs for EPA headquarters, 

Research Triangle Park (RTP), and 

Cincinnati shall be appointed by the 

OSBP Director.’’, and removing the 

words ‘‘The appointing authorities are 

the Chiefs of the Contracting Offices.’’; 

(4) Amends Section 1519.201–72, 

paragraph (c), by removing 

subparagraph (6) and re-numbering 

subparagraphs (7) through (10) to read 

(6) through (9), and amends renumbered subparagraph (9) to read ‘‘Act 

as liaison with the appropriate SBA 

office or representative in connection 

with matters concerning the small 

business programs including setasides.’’; (5) amends section 1519.202– 

5, Data Collection and Reporting 

Requirements, by removing and 

reserving the section because this 

section is outdated; (6) amends section 

1519.204, Small Disadvantaged 

Business Participation, by removing and 

reserving the section to conform to the 

FAR; (7) amends section 1552.219–70, 

paragraph (f), by removing the words 

‘‘Standard Form 294, Subcontracts 

Report for Individual Contracts’’ and 

adding the words ‘‘Individual 

Subcontract Reports (ISR)’’ in its place; 

(8) amends section 1552.219–71, 

paragraph (e), by removing from 

subparagraph (4) the words ‘‘If recently 

required to submit a SF 295, provide 

copies of the two preceding year’s 

reports;’’ (9) amends section 1552.219– 

71, paragraph (k) by removing the text 

and adding new text in its place; (10) 

amends section 1552.219–72, Small 

Disadvantaged Business Participation 

Program, section 1552.219–73, Small 

Disadvantaged Business Targets, section 

1552.219–74, Small Disadvantaged 

Business Participation Evaluation 

Factor, by removing and reserving the 

sections to conform to the FAR. 

VI. Statutory and Executive Order 

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 and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

PRA because it does not contain any 

information collection activities. 


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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. 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. This action 

amends EPAAR parts 1519 and 1552 to 

remove outdated information and to 

make administrative changes. We have 

therefore concluded that this action will 

have no net regulatory burden for all 

directly regulated small entities. 

D. Unfunded Mandates Reform Act 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. The 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. 

E. Executive Order 13132: Federalism 

This action 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). Thus, Executive Order 13175 

does not apply to this action. In the 

spirit of Executive Order 13175, and 

consistent with EPA policy to promote 

communication between EPA and Tribal 

governments, EPA specifically solicits 

additional comment on this rule from 

Tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act of 1995 

This rulemaking does not involve 

technical 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 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. 

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 1519 

and 1552 

Government procurement. 

Dated: May 2, 2016. 

John R. Bashista, 

Director, Office of Acquisition Management. 

For the reasons stated in the 

preamble, 48 CFR parts 1519 and 1552 

are amended as set forth below: 

■ 1. Revise part 1519 to read as follows: 

PART 1519—SMALL BUSINESS 

PROGRAMS 

Subpart 1519.2—Policies 

Sec. 

1519.201 Policy. 

1519.201–71 Director of the Office of Small 

Business Programs. 

1519.201–72 Small business specialists. 

1519.202–5 [Reserved] 

1519.203 Mentor-prote ́ge ́. 

1519.204 [Reserved] 

Subpart 1519.5—Set-Asides for Small 

Business 

1519.501 Review of acquisitions. 

1519.503 Class set-aside for construction. 

Subpart 1519.7—The Small Business 

Subcontracting Program 

1519.705–2 Determining the need for a 

subcontract plan. 

1519.705–4 Reviewing the subcontracting 

plan. 

1519.705–70 Synopsis of contracts 

containing Pub. L. 95–507 

subcontracting plans and goals. 

Authority: Sec. 205(c), 63 Stat. 390, as 

amended, 40 U.S.C. 486(c). 

Subpart 1519.2—Policies 

1519.201 Policy. 

Each program’s Assistant or Associate 

Administrator shall be responsible for 

developing its socioeconomic goals on a 

fiscal year basis. The goals shall be 

developed in collaboration with the 

supporting Chiefs of Contracting Offices 

(CCOs) or Regional Acquisition 

Managers (RAMs), the assigned Small 

Business Specialist (SBS), and the 

Office of Small Business Programs 

(OSBP). The goals will be based on 

advance procurement plans and past 

performance. The goals shall be 

submitted to the Director of OSBP, at 

least thirty (30) days prior to the start of 

the fiscal year. 

1519.201–71 Director of the Office of Small 

Business Programs. 

The Director of the Office of Small 

Business Programs (OSBP) provides 

guidance and advice, as appropriate, to 


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Agency program and contracts officials 

on small business programs. The OSBP 

Director is the central point of contact 

for inquiries concerning the small 

business programs from industry, the 

Small Business Administration (SBA), 

and the Congress; and shall advise the 

Administrator and staff of such 

inquiries as required. The OSBP 

Director shall represent the Agency in 

the negotiations with the other 

Government agencies on small business 

programs matters. 

1519.201–72 Small business specialists. 

(a) Small Business Specialists (SBSs) 

shall be appointed in writing. Regional 

SBSs will normally be appointed from 

members of staffs of the appointing 

authority. The appointing authorities for 

regional SBSs are the RAMs. The SBSs 

for EPA headquarters, Research Triangle 

Park (RTP), and Cincinnati shall be 

appointed by the OSBP Director. The 

SBS is administratively responsible 

directly to the appointing authority and, 

on matters relating to small business 

programs activities, receives technical 

guidance from the OSBP Director. 

(b) A copy of each appointment and 

termination of all SBSs shall be 

forwarded to the OSBP Director. In 

addition to performing the duties 

outlined in paragraph (c) of this section 

that are normally performed in the 

activity to which assigned, the SBS shall 

perform such additional functions as 

may be prescribed from time to time in 

furtherance of overall small business 

programs goals. The SBS may be 

appointed on either a full- or part-time 

basis; however, when appointed on a 

part-time basis, small business duties 

shall take precedence over collateral 

responsibilities. 

(c) The SBS appointed pursuant to 

paragraph (a) of this section shall 

perform the following duties as 

appropriate: 

(1) Maintain a program designed to 

locate capable small business sources 

for current and future acquisitions; 

(2) Coordinate inquiries and requests 

for advice from small business concerns 

on acquisition matters; 

(3) Review all proposed solicitations 

in excess of the simplified acquisition 

threshold, assure that small business 

concerns will be afforded an equitable 

opportunity to compete, and, as 

appropriate, initiate recommendations 

for small business set-asides, or offers of 

requirements to the Small Business 

Administration (SBA) for the 8(a) 

program, and complete EPA Form 1900– 

37, ‘‘Record of Procurement Request 

Review,’’ as appropriate; 

(4) Take action to assure the 

availability of adequate specifications 

and drawings, when necessary, to obtain 

small business participation in an 

acquisition. When small business 

concerns cannot be given an 

opportunity on a current acquisition, 

initiate action, in writing, with 

appropriate technical and contracting 

personnel to ensure that necessary 

specifications and/or drawings for 

future acquisitions are available; 

(5) Review proposed contracts for 

possible breakout of items or services 

suitable for acquisition from small 

business concerns; 

(6) Participate in the evaluation of a 

prime contractor’s small business 

subcontracting programs; 

(7) Assure that adequate records are 

maintained, and accurate reports 

prepared, concerning small business 

participation in acquisition programs; 

(8) Make available to SBA copies of 

solicitations when so requested; 

(9) Act as liaison with the appropriate 

SBA office or representative in 

connection with matters concerning the 

small business programs including setasides. 

1519.202–5 [Reserved] 

1519.203 Mentor-prote ́ge ́. 

(a) The contracting officer shall insert 

the clause at 1552.219–70, MentorProte ́ge ́ Program, in all contracts under 

which the contractor has been approved 

to participate in the EPA Mentor-Prote ́ge ́

Program. 

(b) The contracting officer shall insert 

the provision at 1552.219–71, 

Procedures for Participation in the EPA 

Mentor-Prote ́ge ́ Program, in all 

solicitations valued at $500,000 or more 

which will be cost-plus-award-fee or 

cost-plus fixed-fee contracts. 

1519.204 [Reserved] 

Subpart 1519.5—Set-Asides for Small 

Business 

1519.501 Review of acquisitions. 

(a) If no Small Business 

Administration (SBA) representative is 

available, the Small Business Specialist 

(SBS) shall initiate recommendations to 

the contracting officer for small business 

set-asides with respect to individual 

acquisitions or classes of acquisitions or 

portions thereof. 

(b) When the SBS has recommended 

that all, or a portion, of an individual 

acquisition or class of acquisitions be 

set aside for small business, the 

contracting officer shall: 

(1) Promptly concur in the 

recommendation; or 

(2) Promptly disapprove the 

recommendation, stating in writing the 

reasons for disapproval. If the 

contracting officer disapproves the 

recommendation of the SBS, the SBS 

may appeal to the appropriate 

appointing authority, whose decision 

shall be final. 

1519.503 Class set-aside for construction. 

(a) Each proposed acquisition for 

construction estimated to cost between 

$10,000 and $1,000,000 shall be setaside for exclusive small business 

participation. Such set-asides shall be 

considered to be unilateral small 

business set-asides, and shall be 

withdrawn in accordance with the 

procedure of FAR 19.506 only if found 

not to serve the best interest of the 

Government. 

(b) Small business set-aside 

preferences for construction 

acquisitions in excess of $1,000,000 

shall be considered on a case-by-case 

basis. 

Subpart 1519.7—The Small Business 

Subcontracting Program 

1519.705–2 Determining the need for a 

subcontract plan. 

One copy of the determination 

required by FAR 19.705–2(c) shall be 

placed in the contract file and one copy 

provided to the Director of the Office of 

Small Business Programs. 

1519.705–4 Reviewing the subcontracting 

plan. 

In determining the acceptability of a 

proposed subcontracting plan, the 

contracting officer shall obtain advice 

and recommendations from the Office of 

Small Business Programs, which shall 

in turn coordinate review by the Small 

Business Administration Procurement 

Center Representative (if any). 

1519.705–70 Synopsis of contracts 

containing Pub. L. 95–507 subcontracting 

plans and goals. 

The synopsis of contract award, 

where applicable, shall include a 

statement identifying the contract as one 

containing Public Law 95–507 

subcontracting plans and goals. 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 2. The authority citation for part 1552 

continues to read as follows: 

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. 

■ 3. Revise section 1552.219–70 to read 

as follows: 

1552.219–70 Mentor-Prote ́ge ́ Program. 

As prescribed in 1519.203(a), insert 

the following clause: 


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Mentor-Prote ́ge ́ Program (JUL 2016) 

(a) The Contractor has been approved to 

participate in the EPA Mentor-Prote ́ge ́

Program. The purpose of the Program is to 

increase the participation of small 

disadvantaged businesses (SDBs) as 

subcontractors, suppliers, and ultimately as 

prime contractors; establish a mutually 

beneficial relationship with SDBs and EPA’s 

large business prime contractors (although 

small businesses may participate as Mentors); 

develop the technical and corporate 

administrative expertise of SDBs which will 

ultimately lead to greater success in 

competition for contract opportunities; 

promote the economic stability of SDBs; and 

aid in the achievement of goals for the use 

of SDBs in subcontracting activities under 

EPA contracts. 

(b) The Contractor shall submit an 

executed Mentor-Prote ́ge ́ agreement to the 

Contracting Officer, with a copy to the Office 

of Small Business Programs (OSBP) or the 

Small Business Specialist, within thirty (30) 

calendar days after the effective date of the 

contract. The Contracting Officer will notify 

the Contractor within thirty (30) calendar 

days from its submission if the agreement is 

not accepted. 

(c) The Contractor as a Mentor under the 

Program agrees to fulfill the terms of its 

agreement(s) with the Prote ́ge ́ firm(s). 

(d) If the Contractor or Prote ́ge ́ firm is 

suspended or debarred while performing 

under an approved Mentor-Prote ́ge ́

agreement, the Contractor shall promptly 

give notice of the suspension or debarment 

to the OSBP and the Contracting Officer. 

(e) Costs incurred by the Contractor in 

fulfilling their agreement(s) with the Prote ́ge ́

firm(s) are not reimbursable on a direct basis 

under this contract. 

(f) In an attachment to Individual 

Subcontract Reports (ISR), the Contractor 

shall report on the progress made under their 

Mentor-Prote ́ge ́ agreement(s), providing: 

(1) The number of agreements in effect; and 

(2) The progress in achieving the 

developmental assistance objectives under 

each agreement, including whether the 

objectives of the agreement have been met, 

problem areas encountered, and any other 

appropriate information. 

(End of clause) 

■ 4. Revise section 1552.219–71 to read 

as follows: 

1552.219–71 Procedures for Participation 

in the EPA Mentor-Prote ́ge ́ Program. 

As prescribed in 1519.203(b), insert 

the following provision: 

Procedures for Participation in the EPA 

Mentor-Prote ́ge ́ Program (JUL 2016) 

(a) This provision sets forth the procedures 

for participation in the EPA Mentor-Prote ́ge ́

Program (hereafter referred to as the 

Program). The purpose of the Program is to 

increase the participation of concerns owned 

and/or controlled by socially and 

economically disadvantaged individuals as 

subcontractors, suppliers, and ultimately as 

prime contractors; to establish a mutually 

beneficial relationship between these 

concerns and EPA’s large business prime 

contractors (although small businesses may 

participate as Mentors); to develop the 

technical and corporate administrative 

expertise of these concerns, which will 

ultimately lead to greater success in 

competition for contract opportunities; to 

promote the economic stability of these 

concerns; and to aid in the achievement of 

goals for the use of these concerns in 

subcontracting activities under EPA 

contracts. If the successful offeror is accepted 

into the Program they shall serve as a Mentor 

to a Prote ́ge ́ firm(s), providing developmental 

assistance in accordance with an agreement 

with the Prote ́ge ́ firm(s). 

(b) To participate as a Mentor, the offeror 

must receive approval in accordance with 

paragraph (h) of this section. 

(c) A Prote ́ge ́ must be a concern owned 

and/or controlled by socially and 

economically disadvantaged individuals 

within the meaning of section 8(a)(5) and (6) 

of the Small Business Act (15 U.S.C. 637(a)(5) 

and (6)), including historically black colleges 

and universities. Further, in accordance with 

Public Law 102–389 (the 1993 Appropriation 

Act), for EPA’s contracting purposes, 

economically and socially disadvantaged 

individuals shall be deemed to include 

women. 

(d) Where there may be a concern 

regarding the Prote ́ge ́ firm’s eligibility to 

participate in the program, the prote ́ge ́’s 

eligibility will be determined by the 

contracting officer after the SBA has 

completed any formal determinations. 

(e) The offeror shall submit an application 

in accordance with paragraph (k) of this 

section as part of its proposal which shall 

include as a minimum the following 

information. 

(1) A statement and supporting 

documentation that the offeror is currently 

performing under at least one active Federal 

contract with an approved subcontracting 

plan and is eligible for the award of Federal 

contracts; 

(2) A summary of the offeror’s historical 

and recent activities and accomplishments 

under any disadvantaged subcontracting 

programs. The offeror is encouraged to 

include any initiatives or outreach 

information believed pertinent to approval as 

a Mentor firm; 

(3) The total dollar amount (including the 

value of all option periods or quantities) of 

EPA contracts and subcontracts received by 

the offeror during its two preceding fiscal 

years. (Show prime contracts and 

subcontracts separately per year); 

(4) The total dollar amount and percentage 

of subcontract awards made to all concerns 

owned and/or controlled by disadvantaged 

individuals under EPA contracts during its 

two preceding fiscal years. 

(5) The number and total dollar amount of 

subcontract awards made to the identified 

Prote ́ge ́ firm(s) during the two preceding 

fiscal years (if any). 

(f) In addition to the information required 

by paragraph (e) of this section, the offeror 

shall submit as a part of the application the 

following information for each proposed 

Mentor-Prote ́ge ́ relationship: 

(1) Information on the offeror’s ability to 

provide developmental assistance to the 

identified Prote ́ge ́ firm and how the 

assistance will potentially increase 

contracting and subcontracting opportunities 

for the Prote ́ge ́ firm. 

(2) A letter of intent indicating that both 

the Mentor firm and the Prote ́ge ́ firm intend 

to enter into a contractual relationship under 

which the Prote ́ge ́ will perform as a 

subcontractor under the contract resulting 

from this solicitation and that the firms will 

negotiate a Mentor-Prote ́ge ́ agreement. The 

letter of intent must be signed by both parties 

and contain the following information: 

(i) The name, address and phone number 

of both parties; 

(ii) The Prote ́ge ́ firm’s business 

classification, based upon the NAICS code(s) 

which represents the contemplated supplies 

or services to be provided by the Prote ́ge ́ firm 

to the Mentor firm; 

(iii) A statement that the Prote ́ge ́ firm 

meets the eligibility criteria; 

(iv) A preliminary assessment of the 

developmental needs of the Prote ́ge ́ firm and 

the proposed developmental assistance the 

Mentor firm envisions providing the Prote ́ge ́. 

The offeror shall address those needs and 

how their assistance will enhance the 

Prote ́ge ́. The offeror shall develop a schedule 

to assess the needs of the Prote ́ge ́ and 

establish criteria to evaluate the success in 

the Program; 

(v) A statement that if the offeror or Prote ́ge ́

firm is suspended or debarred while 

performing under an approved MentorProte ́ge ́ agreement the offeror shall promptly 

give notice of the suspension or debarment 

to the EPA Office of Small Business Programs 

(OSBP) and the Contracting Officer. The 

statement shall require the Prote ́ge ́ firm to 

notify the Contractor if it is suspended or 

debarred. 

(g) The application will be evaluated on 

the extent to which the offeror’s proposal 

addresses the items listed in paragraphs (e) 

and (f) of this section. To the maximum 

extent possible, the application should be 

limited to not more than 10 single pages, 

double spaced. The offeror may identify more 

than one Prote ́ge ́ in its application. 

(h) If the offeror is determined to be in the 

competitive range, or is awarded a contract 

without discussions, the offeror will be 

advised by the Contracting Officer whether 

their application is approved or rejected. The 

Contracting Officer, if necessary, may request 

additional information in connection with 

the offeror’s submission of its revised or best 

and final offer. If the successful offeror has 

submitted an approved application, they 

shall comply with the clause titled ‘‘MentorProte ́ge ́ Program.’’ 

(i) Subcontracts of $1,000,000 or less 

awarded to firms approved as Prote ́ge ́s under 

the Program are exempt from the 

requirements for competition set forth in 

FAR 44.202–2(a)(5), and 52.244–5(b). 

However, price reasonableness must still be 

determined and the requirements in FAR 

44.202–2(a)(8) for cost and price analysis 

continue to apply. 

(j) Costs incurred by the offeror in fulfilling 

their agreement(s) with a Prote ́ge ́ firm(s) are 

not reimbursable as a direct cost under the 

contract. Unless EPA is the responsible audit 

agency under FAR 42.703–1, offerors are 


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29798 Federal Register / Vol. 81, No. 93 / Friday, May 13, 2016 / Rules and Regulations 

encouraged to enter into an advance 

agreement with their responsible audit 

agency on the treatment of such costs when 

determining indirect cost rates. Where EPA is 

the responsible audit agency, these costs will 

be considered in determining indirect cost 

rates. 

(k) Submission of Application and 

Questions Concerning the Program. The 

application for the Program shall be 

submitted to the Contracting Officer, and to 

the EPA Office of Small Business Programs 

at the following address: Socioeconomic 

Business Program Officer, Office of Small 

Business Programs, U.S. Environmental 

Protection Agency, William Jefferson Clinton 

Building (1230T), 1200 Pennsylvania Avenue 

NW., Washington, DC 20460, Telephone: 

(202) 566–2075, Fax: (202) 565–2473. 

(End of provision) 

1552.219–72 through 1552.219–74 

[Removed and Reserved] 

■ 5. Remove and reserve sections 

1552.219–72, 1552.219–73, and 

1552.219–74. 

[FR Doc. 2016–11378 Filed 5–12–16; 8:45 am] 

BILLING CODE 6560–50–P 


ehiers on DSK5VPTVN1PROD with RULES