[Federal Register Volume 62, Number 24 (Wednesday, February 5, 1997)]
[Rules and Regulations]
[Pages 5347-5349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2846]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Part 1552

[FRL-5684-1]


Acquisition Regulation: Limitation of Future Contracting

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is revising its 
acquisition regulation (48 CFR Chapter 15) to clarify that the existing 
coverage regarding ineligibility of Headquarters policy support 
contractors to enter into EPA response action contracts, unless 
otherwise authorized by the contracting officer, also renders EPA 
response action contractors ineligible for award of Headquarters policy 
support contracts, unless otherwise authorized by the contracting 
officer.

EFFECTIVE DATE: March 7, 1997.

FOR FURTHER INFORMATION CONTACT: Louise Senzel, U.S. Environmental 
Protection Agency, Office of Acquisition Management (3802F), 401 M 
Street, SW, Washington, D.C. 20460. Telephone: (202) 260-6204.

SUPPLEMENTARY INFORMATION:

A. Background

    The proposed rule was published in the Federal Register (61 FR 
57623) on November 7, 1996, providing for a 60-day comment period.
    Interested persons have been afforded an opportunity to participate 
in the making of this rule. No comments were received.

[[Page 5348]]

B. Executive Order 12866

    This rule is not a significant regulatory action for the purposes 
of Executive Order 12866; therefore, no review was required by the 
Office of Information and Regulatory Affairs.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this rule does 
not contain information collection requirements that require the 
approval of OMB under the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.).

D. Regulatory Flexibility Act

    The EPA certifies that this rule does not exert a significant 
economic impact on a substantial number of small entities. The 
requirements to contractors under the rule impose no reporting, record-
keeping, or any compliance costs. Therefore, no regulatory flexibility 
analysis was prepared.

E. Unfunded Mandates

    This rule will not impose unfunded mandates on state or local 
entities, or others.

F. Regulated Entities

    EPA contractors are entities potentially affected by this action. 
Specifically, those entities competing under solicitations for 
negotiated procurements will be affected.

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              Category                         Regulated entity         
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Industry............................  EPA Contractors.                  
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List of Subjects in 48 CFR Part 1552

    Government procurement.

    Therefore, 48 CFR Chapter 15 is amended as set forth below:
    1. The authority citation for part 1552 continues to read as 
follows:

    Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 
486(c).

    2. Section 1552.209-74 is amended by revising the clause heading 
and redesignating paragraphs (e), (f), (g), (h), and (i) as (f), (g), 
(h), (i), and (j), and by adding a new paragraph (e) to read as 
follows:


1552.209-74   Limitation of future contracting.

* * * * *

Limitation of Future Contracting (ARCS) (Mar 1997)

* * * * *
    (e) The Contractor and any subcontractors, during the life of 
this contract, shall be ineligible to enter into an EPA contract or 
a subcontract under an EPA contract, which supports EPA's 
performance of Superfund Headquarters policy work including support 
for the analysis and development of regulations, policies, or 
guidance that govern, affect, or relate to the conduct of response 
action activities, unless otherwise authorized by the Contracting 
Officer. Examples of such contracts include, but are not limited to, 
Superfund Management and Analytical support contracts, and Superfund 
Technical and Analytical support contracts.
* * * * *
    3. Section 1552.209-74, Alternate I is amended by revising the 
heading and redesignating paragraphs (e), (f), (g), (h), and (i) as 
(f), (g), (h), (i), and (j), and by adding a new paragraph (e) to read 
as follows:

Limitation of Future Contracting Alternate I (TCRR) (Mar 1997)

* * * * *
    (e) The Contractor and any subcontractors, during the life of 
this contract, shall be ineligible to enter into an EPA contract or 
a subcontract under an EPA contract, which supports EPA's 
performance of Superfund Headquarters policy work, including support 
for the analysis and development of regulations, policies, or 
guidance that govern, affect, or relate to the conduct of response 
action activities, unless otherwise authorized by the Contracting 
Officer. Examples of such contracts include, but are not limited to, 
Superfund Management and Analytical support contracts, and Superfund 
Technical and Analytical support contracts.
* * * * *
    4. Section 1552.209-74, Alternate II is amended by revising the 
heading and redesignating paragraphs (e), (f), (g), (h), and (i) as 
(f), (g), (h), (i), and (j), and by adding a new paragraph (e) to read 
as follows:

Limitation of Future Contracting Alternate II (TAT) (Mar 1997)

* * * * *

    (e) The Contractor and any subcontractors, during the life of this 
contract, shall be ineligible to enter into an EPA contract or a 
subcontract under an EPA contract, which supports EPA's performance of 
Superfund Headquarters policy work, including support for the analysis 
and development of regulations, policies, or guidance that govern, 
affect, or relate to the conduct of response action activities, unless 
otherwise authorized by the Contracting Officer. Examples of such 
contracts include, but are not limited to, Superfund Management and 
Analytical support contracts, and Superfund Technical and Analytical 
support contracts.
* * * * *
    5. Section 1552.209-74, Alternate III is amended by revising the 
heading and redesignating paragraphs (c), (d), (e), and (f) as (d), 
(e), (f), and (g), and by adding a new paragraph (c) to read as 
follows:

Limitation of Future Contracting Alternate III (ESAT) (Mar 1997)

* * * * *
    (c) The Contractor and any subcontractors, during the life of 
this contract, shall be ineligible to enter into an EPA contract or 
a subcontract under an EPA contract, which supports EPA's 
performance of Superfund Headquarters policy work, including support 
for the analysis and development of regulations, policies, or 
guidance that govern, affect, or relate to the conduct of response 
action activities, unless otherwise authorized by the Contracting 
Officer. Examples of such contracts include, but are not limited to, 
Superfund Management and Analytical support contracts, and Superfund 
Technical and Analytical support contracts.
* * * * *
    6. Section 1552.209-74, Alternate IV is amended by revising the 
heading and redesignating paragraphs (e), (f), (g), (h), and (i) as 
(f), (g), (h), (i), and (j), and by adding a new paragraph (e) to read 
as follows:

Limitation of Future Contracting Alternate IV (TES) (Mar 1997)

* * * * *
    (e) The Contractor and any subcontractors, during the life of 
this contract, shall be ineligible to enter into an EPA contract or 
a subcontract under an EPA contract, which supports EPA's 
performance of Superfund Headquarters policy work including support 
for the analysis and development of regulations, policies, or 
guidance that govern, affect, or relate to the conduct of response 
action activities, unless authorized by the Contracting Officer. 
Examples of such contracts include, but are not limited to, 
Superfund Management and Analytical support contracts, and Superfund 
Technical and Analytical support contracts.
* * * * *
    7. Section 1552.209-74, Alternate VI is amended by revising the 
heading and redesignating paragraphs (e), (f), (g), (h), (i), and (j) 
as (f), (g), (h), (i), (j), and (k), and by adding a new paragraph (e) 
to read as follows:

1552.209-74 LIMITATION OF FUTURE CONTRACTING ALTERNATE VI (SITE 
SPECIFIC) (MAR 1997)

* * * * *
    (e) The Contractor and any subcontractors, during the life of 
this contract, shall be ineligible to enter into an EPA contract or 
a subcontract under an EPA contract, which supports EPA's 
performance of Superfund Headquarters policy work including support 
for the analysis and development of regulations, policies, or 
guidance that govern, affect, or relate to the conduct of response 
action activities, unless authorized by the Contracting Officer. 
Examples of such contracts include, but are not limited to, 
Superfund Management and Analytical

[[Page 5349]]

support contracts, and Superfund Technical and Analytical support 
contracts.
* * * * *
    Dated: January 27, 1997.
Diane M. Balderson,
Acting Director, Office of Acquisition Management.
[FR Doc. 97-2846 Filed 2-4-97; 8:45 am]
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