Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations 58921

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 00–25358 Filed 10–2–00; 8:45 am]

BILLING CODE 6712–01–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2206, MM Docket No. 00–98; RM–

9811]

Digital Television Broadcast Services;

Thomasville, GA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of WCTV Licensee Corporation,

licensee of TV Station WCTV–TV,

substitutes DTV Channel 46 for DTV

Channel 52 at Thomasville, Georgia. See

65FR 36808, June 12, 2000. DTV

Channel 46 can be allotted to

Thomasville at coordinates (30–40–13

N. and 83–56–26 W.) with a power of

1000, HAAT of 619 meters, and with a

DTV service population of 832

thousand.

With this action, this proceeding is

terminated.

DATES: Effective November 16, 2000.

FOR FURTHER INFORMATION CONTACT: Pam

Blumenthal, Mass Media Bureau, (202)

418–1600.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 00–98,

adopted September 29, 2000, and

released October 2, 2000. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center, 445 12th Street, S.W.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

47 CFR PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334. 336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

Georgia, is amended by removing DTV

Channel 52 and adding DTV Channel 46

at Thomasville.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 00–25360 Filed 10–2–00; 8:45 am]

BILLING CODE 6712–01–U

ENVIRONMENTAL PROTECTION

AGENCY

48 CFR Parts 1511, 1515, 1517, 1519,

1523, 1528, 1535, 1542, 1545 and 1552

[FRL–6878–9]

Acquisition Regulation; Administrative

Amendments

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim rule with request for

comments.

SUMMARY: EPA is issuing this interim

rule amending the EPA Acquisition

Regulation (EPAAR) to add clauses to

the EPAAR which have been repeatedly

used in EPA procurements but which

have not formally been incorporated

into the EPAAR, make other

administrative changes, and remove

from the EPAAR unnecessary coverage

that duplicates existing Federal

Acquisition Regulation (FAR) coverage.

DATES: Effective Date: October 3, 2000.

Comment Date: Interested parties

should submit written comments to the

address shown below on or before

December 4, 2000 to be considered in

the formulation of a final rule.

ADDRESSES: Submit written comments

to: U.S. Environmental Protection

Agency, Office of Acquisition

Management, 1200 Pennsylvania

Avenue, NW., Attention: Paul Schaffer,

Mail Code (3802R), Washington, DC

20460. Comments and data may also be

submitted electronically by sending

electronic mail (E-mail) to:

Schaffer.Paul@epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in Corel WordPerfect

format or ASCII file format. No

confidential business information (CBI)

should be submitted through e-mail.

Electronic comments on this rule may

be filed on-line at many Federal

Depository Libraries.

FOR FURTHER INFORMATION CONTACT: Paul

Schaffer, U.S. EPA, Office of

Acquisition Management, Mail Code

(3802R), 1200 Pennsylvania Avenue,

NW, Washington, DC 20460, Telephone:

(202) 564–4366.

SUPPLEMENTARY INFORMATION:

A. Background

This interim rule amends the EPA

Acquisition Regulation (EPAAR) (48

CFR Chapter 15) to publish for public

comment EPA contract clauses which

have not previously undergone formal

Agency rulemaking subject to public

review and comment because of the

necessity of complying with FAR

policies and procedures on a timely

basis. As a result of recent procurement

reform and streamlining initiatives, EPA

has undertaken an extensive review of

its procurement regulations. As part of

this effort, EPA identified a number of

clauses it has regularly used in its

solicitations and contracts which had

not previously undergone formal

Agency rulemaking subject to public

review and comment and which had not

been incorporated into the EPAAR. This

rulemaking action is to incorporate

these existing EPA clauses into the

EPAAR. EPA does not anticipate any

adverse comments because, as stated

above, these clauses have been regularly

used in EPA solicitations and contracts

for some time now without any

objections or questions raised by entities

responding to EPA procurements and/or

contracting with the Agency.

B. Executive Order 12866

This interim rule is not a significant

regulatory action for the purposes of

Executive Order 12866; therefore, no

review is required by the Office of

Information and Regulatory Affairs

within the Office of Management and

Budget (OMB).

C. Paperwork Reduction Act

The information collection

requirement in 1552.245–73,

Government Property, is covered by

OMB clearance number 9000–0075. The

Paperwork Reduction Act does not

apply to any other clause herein because

this interim rule does not contain any

new 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 (RFA), as

Amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (SBREFA), 5 U.S.C. 601 et seq.

The RFA generally requires an agency

to prepare a regulatory flexibility

analysis of any rule subject to notice

58922 Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations

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 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-forprofit enterprise which is independently

owned and operated and is not

dominant in its field.

After considering the economic

impacts of today’s interim rule on small

entities, I certify that this action will not

have a significant economic impact on

a substantial number of small entities.

In determining whether a rule has a

significant economic impact on a

substantial number of small entities, the

impact of concern is any significant

adverse economic impact on small

entities, since the primary purpose of

the regulatory flexibility analyses is to

identify and address regulatory

alternatives ‘‘which minimize any

significant economic impact of the

proposed rule on small entities.’’ 5

U.S.C. 603 and 604. Thus, 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, or

otherwise has a positive economic effect

on all of the small entities subject to the

rule. This interim rule merely

incorporates existing EPA solicitation

and contract provisions into the EPAAR

and will have no adverse impact on

small entities. The requirements under

this interim rule impose no additional

reporting, record-keeping, or

compliance costs on small entities.

E. Unfunded Mandates

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess their

regulatory actions on State, local, and

Tribal governments, and the private

sector. This interim rule does not

contain a Federal mandate that may

result in expenditures of $100 million or

more for State, local, and Tribal

governments, in the aggregate, or the

private sector in one year. Any private

sector costs for this action relate to

paperwork requirements and associated

expenditures that are far below the level

established for UMRA applicability.

Thus, the rule is not subject to the

requirements of sections 202 and 205 of

the UMRA.

F. Executive Order 13045

Executive Order 13045, Protection of

Children from Environmental Health

Risks 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 12866, and (2) concerns an

environmental health or safety risk that

EPA has reason to believe may have a

disproportionate effect on children. If

the regulatory action meets both criteria,

the Agency must evaluate the

environmental health or safety effects of

the planned rule on children, and

explain why the planned regulation is

preferable to other potentially effective

and reasonably feasible alternatives

considered by the Agency.

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.

G. Executive Order 13132

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.’’

Under section 6 of Executive Order

13132, EPA may not issue a regulation

that has federalism implications, that

imposes substantial direct compliance

costs, and that is not required by statute,

unless the Federal government provides

the funds necessary to pay the direct

compliance costs incurred by State and

local governments, or EPA consults with

State and local officials early in the

process of developing the proposed

regulation. EPA also may not issue a

regulation that has federalism

implications and that preempts State

law, unless the Agency consults with

State and local officials early in the

process of developing the proposed

regulation.

This interim 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. This interim

rule merely incorporates existing EPA

solicitation and contract provisions into

the EPAAR. Thus, the requirements of

section 6 of the Executive Order do not

apply to this rule.

H. Executive Order 13084

Under Executive Order 13084, EPA

may not issue a regulation that is not

required by statute, that significantly or

uniquely affects the communities of

Indian Tribal governments, and that

imposes substantial direct compliance

costs on those communities, unless the

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by Tribal governments, or

EPA consults with those governments. If

EPA complies by consulting, Executive

Order 13084 requires EPA to provide to

the OMB, in a separately identified

section of the preamble to the rule, a

description of the extent of EPA’s prior

consultation with representatives of

affected Tribal governments, a summary

of the nature of their concerns, and a

statement supporting the need to issue

the regulation. In addition, Executive

Order 13084 requires EPA to develop an

effective process permitting elected and

other representatives of Indian Tribal

government ‘‘to provide meaningful and

timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’

Today’s rule does not significantly or

uniquely affect the communities of

Indian Tribal governments.

Accordingly, the requirements of

section 3(b) of Executive Order 13084

do not apply to this rule.

I. National Technology Transfer and

Advancement Act of 1995

Section 12(d) of the National

Technology Transfer and Advancement

Act of 1995 (NTTAA), Public Law 104–

113, section 12(d) (15 U.S.C. 272 note),

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 phaphaand

business practices) that are developed or

adopted by voluntary consensus

standards bodies. The NTTAA directs

Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations 58923

EPA to provide Congress, through OMB,

explanations when the Agency decides

not to use available and applicable

voluntary consensus standards. This

rule does not involve technical

standards. Therefore, EPA did not

consider the use of any voluntary

consensus standards.

J. Submission to Congress and the

General Accounting Office

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 rules report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2).

List of Subjects in 48 CFR Parts 1511,

1515, 1517, 1519, 1523, 1528, 1535,

1542, 1545, and 1552

Government procurement.

Authority: The provisions of this

regulation are issued under 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. 48 CFR Chapter

15 is amended as follows:

1. The authority citations for 48 CFR

parts 1511, 1515, 1517, 1519, 1523,

1528, 1535, 1542, 1545, and for part

1552 continue 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.

2. Section 1511.011–80 is added to

read as follows:

1511.011–80 Data Standards for the

transmission of laboratory measurement

results.

The contracting officer shall insert the

clause at 1552.211–80 in all solicitations

and contracts when the contract

requires the electronic transmission of

environmental measurements from

laboratories to the Environmental

Protection Agency (EPA).

3. Section 1515.209 is amended by

adding paragraph (c) to read as follows:

1515.209 Solicitation provisions and

contract clauses.

* * * * *

(c) The contracting officer shall insert

the clause at 1552.215–75, Past

Performance Information, or a clause

substantially the same as 1552.215–75,

in all competitively negotiated

acquisitions with an estimated value in

excess of $100,000.

4. Section 1517.208 is amended by

removing paragraph (a) and

redesignating paragraphs (b) through (g)

as (a) through (f) respectively and

adding paragraph (g) to read as follows:

§ 1517.208 Solicitation provisions and

contract clauses.

* * * * *

(g) The Contracting officer shall insert

the clause at 1552.217–77, Option to

Extend the Term of the Contract—Fixed

Price, when applicable.

5. Subpart 1519.2 is amended by

adding section 1519.203 to read as

follows:

§ 1519.203 Mentor protege.

(a) The Contracting officer shall insert

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

which the Contractor has been approved

to participate in the EPA Mentor-Protege

Program.

(b) The Contracting officer shall insert

the provision at 1552.219–71,

Procedures for Participation in the EPA

Mentor-Protege Program, in all

solicitations valued at $500,000 or more

which will be cost-plus-award-fee or

cost-plus fixed-fee contracts.

6. Subpart 1519.2 is amended by

adding section 1519.204 to read as

follows:

§ 1519.204 Small disadvantaged business

participation.

(a) The Contracting officer shall insert

the provision at 1552.219–72, Small

Disadvantaged Business Participation

Program, or a provision substantially the

same as 1552.219–72, in solicitations for

acquisitions subject to FAR 19.12 that

will evaluate the extent of the

participation of Small Disadvantaged

Business (SDB) concerns in the

performance of a resulting contract.

(b) The Contracting officer shall insert

the clause at 1552.219–73, Small

Disadvantaged Business Targets, or one

substantially the same as 1552.219–73,

in solicitations and contracts for

acquisitions subject to FAR 19.12 that

evaluate the extent of participation of

SDB concerns in the performance of the

contract and which included

solicitation provision 1552.219–72.

(c) The Contracting officer shall insert

the evaluation provision at 1552.219–

74, Small Disadvantaged Business

Participation Evaluation Factor, (and

assign a value to it), or one substantially

the same as 1552.219–74, in

solicitations for acquisitions subject to

FAR 19.12 that include the provision at

1552.219–72 and will evaluate the

extent of participation of SDB concerns

in the performance of the contract.

7. section 1523.303–72 is added to

read as follows:

§ 1523.303–72 Care of Laboratory Animals.

Contracting officers shall insert the

clause at 1552.223–72, Care of

Laboratory Animals, in all contracts

involving the use of experimental

animals.

8. Section 1523.7003 is amended by

designating the existing text as

paragraph (b) and adding a new

paragraph (a) to read as follows:

§ 1523.7003 Contract clause.

(a) Rehabilitation Act Notice.

Contracting officers shall insert the

clause at 1552.239–70, Rehabilitation

Act Notice, or one substantially the

same as this clause, in all solicitations

and contracts where the contractor may

be required to provide any type of

support to EPA in connection with EPA

programs and activities, including

conferences, symposia, workgroups,

meetings, etc.

(b) * * *

9. Part 1528 is added to read as

follows:

PART 1528—INSURANCE

Subpart 1528.1—Insurance

1528.101 Insurance Liability to Third

Persons.

Contracting officers shall insert the

clause at 1552,228–70, Insurance

Liability to Third Persons, in costreimbursement solicitations and

contracts, except those for construction

and architect-engineer services. Note:

This clause may be used in contracts

awarded utilizing architect-engineer

services such as requirements for

Superfund cleanups (e.g., response

action contracts). The clause does not

apply to Superfund indemnification for

third party pollution liability or

coverage for commercial pollution

liability insurance as prescribed by

section 119 of CERCLA as amended by

SARA.

10. Section 1535.007–070 is amended

by adding paragraph (g) to read as

follows:

1535.007–070 Contract clauses.

* * * * *

(g) Contracting officers shall insert the

clause at 1552.235–80, Access to

Confidential Business Information (CBI),

in all types of contracts when it is

possible that it will be necessary for the

contractor to have access to CBI during

58924 Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations

the performance of tasks required under

the contract.

11. Section 1542.705 is amended by

designating the existing paragraph as (a)

and adding paragraph (b) as follows:

1542.705 Final indirect cost rates.

(a) * * *

(b) Contracting officers shall insert the

clause at 1552.242–72, Financial

Administrative Contracting officers

(FACO), in cost-reimbursement

contracts when the Environmental

Protection Agency (EPA) is the

cognizant federal agency and a FACO

will be assigned.

12. Section 1545.106 is amended by

adding a new paragraph (d) to read as

follows:

1545.106 Government property clauses.

* * * * *

(d) Contracting officers shall insert the

clause at 1552.245–73, Government

Property, in all cost-type solicitations

and contracts regardless of whether

Government Property is initially

provided, and in all fixed-price

solicitations and contracts whenever

Government furnished property is

provided.

* * * * *

13. Section 1552.208–70, Printing, is

revised to read as follows:

1552.208–70 Printing.

As prescribed in 1508.870, insert the

following clause:

Printing

October 2000

(a) Definitions.

‘‘Printing’’ is the process of composition,

plate making, presswork, binding and

microform; or the end items produced by

such processes and equipment. Printing

services include newsletter production and

periodicals which are prohibited under EPA

contracts.

‘‘Composition’’ applies to the setting of

type by hot-metal casting, photo typesetting,

or electronic character generating devices for

the purpose of producing camera copy,

negatives, a plate or image to be used in the

production of printing or microform.

‘‘Camera copy’’ (or ‘‘camera-ready copy’’)

is a final document suitable for printing/

duplication.

‘‘Desktop Publishing’’ is a method of

composition using computers with the final

output or generation of camera copy done by

a color inkjet or color laser printer. This is

not considered ‘‘printing.’’ However, if the

output from desktop publishing is being sent

to a typesetting device (i.e., Linotronic) with

camera copy being produced in either paper

or negative format, these services are

considered ‘‘printing’’.

‘‘Microform’’ is any product produced in a

miniaturized image format, for mass or

general distribution and as a substitute for

conventionally printed material. Microform

services are classified as printing services

and includes microfiche and microfilm. The

contractor may make up to two sets of

microform files for archival purposes at the

end of the contract period of performance.

‘‘Duplication’’ means the making of copies

on photocopy machines employing

electrostatic, thermal, or other processes

without using an intermediary such as a

negative or plate.

‘‘Requirement’’ means an individual

photocopying task. (There may be multiple

requirements under a Work Assignment or

Delivery Order. Each requirement would be

subject to the photocopying limitation of

5,000 copies of one page or 25,000 copies of

multiple pages in the aggregate per

requirement).

(b) Prohibition.

The contractor shall not engage in, nor

subcontract for, any printing in connection

with the performance of work under this

contract. Duplication of more than 5,000

copies of one page or more than 25,000

copies of multiple pages in the aggregate per

requirement constitutes printing. The intent

of the limitation is not to allow the

duplication of final documents for use by the

Agency. In compliance with EPA Order

2200.4a, EPA Publication Review Procedure,

the Office of Communications, Education,

and Media Relations is responsible for the

review of materials generated under a

contract published or issued by the Agency

under a contract intended for release to the

public.

(c) Affirmative Requirements.

(1) Unless otherwise directed by the

contracting officer, the contractor shall use

double-sided copying to produce any

progress report, draft report or final report.

(2) Unless otherwise directed by the

contracting officer, the contractor shall use

recycled paper for reports delivered to the

Agency which meet the minimum content

standards for paper and paper products as set

forth in EPA’s Web site for the

Comprehensive Procurement Guidelines at:

http://www.epa.gov/cpg/.

(d) Permitted Contractor Activities.

(1) The prohibitions contained in

paragraph (b) do not preclude writing,

editing, or preparing manuscript copy, or

preparing related illustrative material to a

final document (camera-ready copy) using

desktop publishing.

(2) The contractor may perform a

requirement involving the duplication of less

than 5,000 copies of only one page, or less

than 25,000 copies of multiple pages in the

aggregate, using one color (black), so long as

such pages do not exceed the maximum

image size of 103⁄4 by 141⁄4 inches, or 11 by

17 paper stock. Duplication services below

these thresholds are not considered printing.

If performance of the contract will require

duplication in excess of these limits,

contractors must immediately notify the

contracting officer in writing. EPA may then

seek a waiver from the Joint Committee on

Printing, U. S. Congress. The intent of the

limitation is to allow ‘‘incidental’’

duplication (drafts, proofs) under a contract.

The intent of the limitation is not to allow

the duplication of copies of final documents

for use by the Agency or as distributed as

instructed by the Agency.

(3) The contractor may perform a

requirement involving the multi-color

duplication of no more than 100 pages in the

aggregate using color copier technology, so

long as such pages do not exceed the

maximum image size of 103⁄4 by 141⁄4 inches,

or 11 by 17 paper stock. Duplication services

below these thresholds are not considered

printing. If performance of the contract will

require duplication in excess of these limits,

contractors must immediately notify the

contracting officer in writing. EPA may then

seek a waiver from the Joint Committee on

Printing, U. S. Congress.

(4) The contractor may perform the

duplication of no more than a total of 100

diskettes or CD-ROM’s. Duplication services

below these thresholds are not considered

printing. If performance of the contract will

require duplication in excess of these limits,

contractors must immediately notify the

contracting officer in writing. EPA may then

seek a waiver from the Joint Committee on

Printing, U. S. Congress.

(e) Violations.

The contractor may not engage in, nor

subcontract for, any printing in connection

with the performance of work under the

contract. The cost of any printing services in

violation of this clause will be disallowed, or

not accepted by the Government.

(f) Flowdown Provision.

The contractor shall include in each

subcontract which may involve a

requirement for any printing/duplicating/

copying a provision substantially the same as

this clause.

(End of clause )

14. In Section 1552.211–70, in the

clause ‘‘Reports of Work’’ and in

alternate I revise the OMB clearance

expiration date of ‘‘January 31, 2000’’ to

read ‘‘February 28, 2003.’’

15. Section 1552.211–79, is amended

by removing paragraph (a)(5), revising

the last sentence in paragraph (b)(3),

and revising paragraph (d) to read as

follows:

1552.211–79 Compliance with EPA

policies for information resources

management.

* * * * *

(b)(3) * * * (This document may be found

at: http:www.epa.gov/docs/etsdop/.)

(c) * * *

(d) Electronic access. A complete listing,

including full text, of documents included in

the 2100 Series of the Agency’s Directive

System is maintained on the EPA Public

Access Server on the Internet at http://

epa.gov/docs/irmpoli8/.

(End of clause)

16. Section 1552 .211–80, Data

Standards for the Transmission of

Laboratory Measurement Results, is

added to read as follows:

Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations 58925

1552.211–80 Data standards for the

transmission of laboratory measurement

results.

As prescribed in 1511.011–80, insert

the following clause:

Data Standards for the Transmission of

Laboratory Measurement Results

October 2000

This contract requires the transmission of

environmental measurements to EPA. The

transmission of environmental measurements

shall be in accordance with the provisions of

EPA Order 2180.2, dated December 10, 1987,

which is incorporated by reference in this

contract. Copies of the Order may be

obtained by written request to: Office of

Information Resources Management,

Information Management and Systems

Division, Mail Code (3404), Ariel Rios

Building, 1200 Pennsylvania Avenue, NW,

Washington, DC 20460.

(End of clause)

17. Section 1552 .215–75, Past

Performance Information, is added to

read as follows:

1552.215–75 Past Performance

Information.

As prescribed in 1515.209(c), insert

the following clause:

Past Performance Information

October 2000

(a) Offerors shall submit the information

requested below as part of their proposal for

both the offeror and any proposed

subcontractors for subcontracts expected to

exceed $ * . The information may be

submitted prior to other parts of the proposal

in order to assist the Government in reducing

the evaluation period.

(b) Offerors shall submit a list of all or at

least * contracts and subcontracts

completed in the last * years, and all

contracts and subcontracts currently in

process, which are similar in nature to this

requirement.

(1) The contracts and subcontracts listed

may include those entered into with Federal,

State and local governments, and commercial

businesses, which are of similar scope,

magnitude, relevance, and complexity to the

requirement which is described in the RFP.

Include the following information for each

contract and subcontract listed:

(a) Name of contracting activity.

(b) Contract number.

(c) Contract title.

(d) Contract type.

(e) Brief description of contract or

subcontract and relevance to this

requirement.

(f) Total contract value.

(g) Period of performance.

(h) Contracting officer, telephone number,

and E-mail address (if available).

(i) Program manager/project officer,

telephone number, and E-mail address (if

available).

(j) Administrative Contracting officer, if

different from (h) above, telephone number,

and E-mail address (if available).

(k) List of subcontractors (if applicable).

(l) Compliance with subcontracting plan

goals for small disadvantaged business

concerns, monetary targets for small

disadvantaged business participation, and

the notifications submitted under FAR

19.1202–4 (b), if applicable.

(c) Offerors should not provide general

information on their performance on the

identified contracts and subcontracts.

General performance information will be

obtained from the references.

(1) Offerors may provide information on

problems encountered and corrective actions

taken on the identified contracts and

subcontracts.

(2) References that may be contacted by the

Government include the contracting officer,

program manager/project officer, or the

administrative contracting officer identified

above.

(3) If no response is received from a

reference, the Government will make an

attempt to contact another reference

identified by the offeror, to contact a

reference not identified by the offeror, or to

complete the evaluation with those

references who responded. The Government

shall consider the information provided by

the references, and may also consider

information obtained from other sources,

when evaluating an offeror’s past

performance.

(4) Attempts to obtain responses from

references will generally not go beyond two

telephonic messages and/or written requests

from the Government, unless otherwise

stated in the solicitation. The Government is

not obligated to contact all of the references

identified by the offeror.

(d) If negative feedback is received from an

offeror’s reference, the Government will

compare the negative response to the

responses from the offeror’s other references

to note differences. A score will be assigned

appropriately to the offeror based on the

information. The offeror will be given the

opportunity to address adverse past

performance information obtained from

references on which the offeror has not had

a previous opportunity to comment, if that

information makes a difference in the

Government’s decision to include the offeror

in or exclude the offeror from the competitive

range. Any past performance deficiency or

significant weakness will be discussed with

offerors in the competitive range during

discussions.

(e) Offerors must send Client Authorization

Letters (see Section J of the solicitation) to

each reference listed in their proposal to

assist in the timely processing of the past

performance evaluation. Offerors are

encouraged to consolidate requests whenever

possible (i.e., if the same reference has

several contracts, send that reference a single

notice citing all applicable contracts).

Offerors may send Client Authorization

Letters electronically to references with

copies forwarded to the contracting officer.

(1) If an offeror has no relevant past

performance history, an offeror must

affirmatively state that it possesses no

relevant past performance history.

(2) Client Authorization Letters should be

mailed or E-mailed to individual references

no later than five (5) working days after

proposal submission. The offeror should

forward a copy of the Client Authorization

Letter to the contracting officer

simultaneously with mailing to references.

(f) Each offeror may describe any quality

awards or certifications that indicate the

offeror possesses a high-quality process for

developing and producing the product or

service required. Such awards or

certifications include, for example, the

Malcolm Baldrige Quality Award, other

Government quality awards, and private

sector awards or certifications.

(1) Identify the segment of the company

(one division or the entire company) which

received the award or certification.

(2) Describe when the award or

certification was bestowed. If the award or

certification is over three years old, present

evidence that the qualifications still apply.

(g) Past performance information will be

used for both responsibility determinations

and as an evaluation factor for award. The

Past Performance Questionnaire identified in

section J will be used to collect information

on an offeror’s performance under existing

and prior contracts/subcontracts for products

or services similar in scope, magnitude,

relevance, and complexity to this

requirement in order to evaluate offerors

consistent with the past performance

evaluation factor set forth in section M.

References other than those identified by the

offeror may be contacted by the Government

and used in the evaluation of the offeror’s

past performance.

(h) Any information collected concerning

an offeror’s past performance will be

maintained in the official contract file.

(i) In accordance with FAR 15.305 (a) (2)

(iv), offerors with no relevant past

performance history, or for whom

information on past performance is not

available, will be evaluated neither favorably

nor unfavorably on past performance.

* Indicates that the contracting officer

inserts applicable dollar figure and number.

(End of clause)

18. Section1552.217–77 is added to

read as follows:

1552.217–77 [Added]

As prescribed in 1517.208(g), insert

the following clause:

Option to Extend the Term of the Contract

Fixed Price

October 2000

The Government has the option to extend

the term of this contract forllladditional

period(s). If more thanllldays remain in

the contract period of performance, the

Government, without prior written

notification, may exercise this option by

issuing a contract modification. To exercise

this option within the lastllldays of the

period of performance, the Government must

provide to the Contractor written notification

prior to that last lll-day period. This

preliminary notification does not commit the

Government to exercising the option. Use of

an option will result in the following contract

modifications:

58926 Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations

(a) The ‘‘Period of Performance’’ clause

will be amended as follows to cover the Base

and Option Periods:

Period Start date End date

(b) During the option period(s) the

Contractor shall provide the services

described below:

Period Attachment

(c) The ‘‘Consideration and Payment’’

clause will be amended to reflect increased

fixed prices for each option period as

follows:

Fixed price Option period

(End of clause)

19. Section 1552.219–70 MentorProtege Program is added to read as

follows:

1552.219–70 Mentor-Protege Program.

As prescribed in 1519.203, insert the

following clause:

Mentor-Protege Program

October 2000

(a) The Contractor has been approved to

participate in the EPA Mentor-Protege

program. The purpose of the Program is to

increase the participation of small

disadvantaged businesses (SDBs) as

subcontractors, suppliers, and ultimately as

prime contractors; to establish a mutually

beneficial relationship with SDB’s and EPA’s

large business prime contractors (although

small businesses may participate as Mentors);

to develop the technical and corporate

administrative expertise of SDBs which will

ultimately lead to greater success in

competition for contract opportunities; to

promote the economic stability of SDBs; and

to 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-Protege agreement to the

Contracting officer, with a copy to the Office

of Small and Disadvantaged Business

Utilization 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 Protege firm(s).

(d) If the Contractor or Protege firm is

suspended or debarred while performing

under an approved Mentor-Protege

agreement, the Contractor shall promptly

give notice of the suspension or debarment

to the Office of Small and Disadvantaged

Business Utilization and the Contracting

officer.

(e) Costs incurred by the Contractor in

fulfilling their agreement(s) with the Protege

firm(s) are not reimbursable on a direct basis

under this contract.

(f) In an attachment to Standard Form 294,

Subcontracts Report for Individual Contracts,

the Contractor shall report on the progress

made under their Mentor-Protege

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)

20. Section 1552.219–71, Procedures

for Participation in the EPA MentorProtege Program, is added to read as

follows:

1552.219–71 Procedures for

Participation in the EPA Mentor-Protege

Program.

As prescribed in 1519.203, insert the

following provision:

Procedures for Participation in the EPA

Mentor-Protege Program

October 2000

(a) This provision sets forth the procedures

for participation in the EPA Mentor-Protege

Program (hereafter referred to as the

Program). The purpose of the Program is to

increase the participation of small

disadvantaged businesses (SDBs) as

subcontractors, suppliers, and ultimately as

prime contractors; to establish a mutually

beneficial relationship with SDBs and EPA’s

large business prime contractors (although

small businesses may participate as Mentors);

to develop the technical and corporate

administrative expertise of the SDBs which

will ultimately lead to greater success in

competition for contract opportunities; to

promote the economic stability of SDBs; and

to aid in the achievement of goals for the use

of SDBs in subcontracting activities under

EPA contracts. If the successful offeror is

accepted into the Program they shall serve as

a Mentor to a Protege (SDB) firm(s),

providing developmental assistance in

accordance with an agreement with the

Protege firm(s).

(b) To participate as a Mentor, the offeror

must receive approval in accordance with

paragraph (h).

(c) A Protege must be a small

disadvantaged business (SDB) as defined

under Federal Acquisition Regulation (FAR)

19.001, and a small business for the purpose

of the Small Business Administration (SBA)

size standard applicable to the North

American Industry Classification System

(NAICS) code applicable to the contemplated

supplies or services to be provided by the

Protege firm to the Mentor firm. Further,

consistent with EPA’s 1993 Appropriation

Act, socially disadvantaged individuals shall

be deemed to include women.

(d) Where there may be a concern

regarding the Protege firm’s eligibility to

participate in the program, the protege’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) 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 their SDB program. 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 SDB firms

under EPA contracts during its two preceding

fiscal years. If recently required to submit a

SF 295, provide copies of the two preceding

year’s reports;

(5) The number and total dollar amount of

subcontract awards made to the identified

Protege firm(s) during the two preceding

fiscal years (if any).

(f) In addition to the information required

by (e) above, the offeror shall submit as a part

of the application the following information

for each proposed Mentor-Protege

relationship.

(1) Information on the offeror’s ability to

provide developmental assistance to the

identified Protege firm and how the

assistance will potentially increase

contracting and subcontracting opportunities

for the Protege firm, including subcontract

opportunities in industry categories where

SDBs are not dominant in the offeror’s

vendor base.

(2) A letter of intent indicating that both

the Mentor firm and the Protege firm intend

to enter into a contractual relationship under

which the Protege will perform as a

subcontractor under the contract resulting

from this solicitation and that the firms will

negotiate a Mentor-Protege agreement. Costs

incurred by the offeror in fulfilling the

Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations 58927

agreement(s) with the Protege firm(s) are not

reimbursable as a direct cost under the

contract. 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 Protege firm’s business

classification, based upon the NAICS code(s)

which represents the contemplated supplies

or services to be provided by the Protege firm

to the Mentor firm;

(iii) A statement that the Protege firm

meets the eligibility criteria;

(iv) A preliminary assessment of the

developmental needs of the Protege firm and

the proposed developmental assistance the

Mentor firm envisions providing the Protege.

The offeror shall address those needs and

how their assistance will enhance the

Protege. The offeror shall develop a schedule

to assess the needs of the Protege and

establish criteria to evaluate the success in

the Program.

(v) A statement that if the offeror or Protege

firm is suspended or debarred while

performing under an approval MentorProtege agreement the offeror shall promptly

give notice of the suspension or debarment

to the EPA Office of Small Disadvantaged

Business Utilization (OSDBU) and the

contracting officer. The statement shall

require the Protege 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 (e) and (f). 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 Protege

in its application.

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

competitive range, 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 ‘‘MentorProtege Program.’’

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

awarded to firms approved as Proteges under

the Program are exempt from the

requirements for competition set forth in

FAR 44.202–2(a)(5), 52.244–2(b)(2)(iii) and

52.244–5. However, price reasonableness

must still be determined and the

requirements in FAR 44.202–2(a)(8) and

52.244–2(b)(2)(iv) for cost or price analysis

continue to apply.

(j) Costs incurred by the offeror in fulfilling

their agreement(s) with a Protege 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

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 OSDBU, at the following addresses

for headquarters procurements:

Socioeconomic Business Program Officer,

Office of Small and Disadvantaged Business

Utilization, U. S. Environmental Protection

Agency, Ariel Rios Building (3801R), 1200

Pennsylvania Avenue, NW, Washington, DC

20460, Telephone: (202) 564–4322, Fax: (202)

565–2473.

The application for the Program shall be

submitted to the Contracting officer, and to

the Small Business Specialist, at the

following address for RTP procurements:

Small Business Program Officer, Contracts

Management Division (MD–33), U.S.

Environmental Protection Agency, Research

Triangle Park, NC 27711, Telephone: (919)

541–2249, Fax: (919) 541–5539.

The application for the Program shall be

submitted to the Contracting officer, and to

the Small Business Specialist, at the

following address for Cincinnati

procurements: Small and Disadvantaged

Business Utilization Officer, Contracts

Management Division, 26 West Martin Luther

King Drive, Cincinnati, OH 45268,

Telephone: (513) 487–2004, Fax: (513) 487–

2342.

(End of provision)

21. Section 1552.219–72, Small

Disadvantaged Business Participation

Program, is added to read as follows:

1552.219–72 Small disadvantaged

business participation program.

As prescribed in 1519.204(a), insert

the following clause:

Small Disadvantaged Business Participation

Program

October 2000

(a) Section M of this solicitation contains

a source selection factor or subfactor related

to the participation of small disadvantaged

business (SDB) concerns in the performance

of the contract. The nature of the evaluation

of an SDB offeror under this evaluation factor

or subfactor is dependent upon whether the

SDB concern qualifies for the price

evaluation adjustment under the clause at

FAR 52.219–23, Notice of Price Evaluation

Adjustment for Small Disadvantaged

Business Concerns and whether the SDB

concern specifically waives this price

evaluation adjustment.

(b) In order to be evaluated under the

source selection factor or subfactor, an offeror

must provide, with its offer, the following

information:

(1) The extent of participation of SDB

concerns in the performance of the contract

in terms of the value of the total acquisition.

Specifically, offerors must provide targets,

expressed as dollars and percentages of the

total contract value, for SDB participation in

any of the Standard Industrial Classification

(SIC) Major Groups as determined by the

Department of Commerce. Total dollar and

percentage targets must be provided for SDB

participation by the prime contractor,

including team members and joint venture

partners. In addition, total dollar and

percentage targets for SDB participation by

subcontractors must be provided and listed

separately;

(2) The specific identification of SDB

concerns to be involved in the performance

of the contract;

(3) The extent of commitment to use SDB

concerns in the performance of the contract:

(4) The complexity and variety of the work

the SDB concerns are to perform; and

(5) The realism of the proposal to use SDB

concerns in the performance of the contract.

(c) An SDB offeror who waives the price

evaluation adjustment provided in FAR

52.219–23 shall provide, with their offer,

targets, expressed as dollars and percentages

of the total contract value, for the work that

it intends to perform as the prime contractor

in the applicable and authorized North

American Industry Classification System

(NAICS) Industry Subsectors as determined

by the Department of Commerce. All of the

offeror’s identified targets described in

paragraphs (b) and (c) of this clause will be

incorporated into and made part of any

resulting contract.

(End of provision)

22. Section 1552.219–73, Small

Disadvantaged Business Targets, is

added to read as follows:

1552.219–73 Small Disadvantaged

Business Targets.

As prescribed in 1519.204(b), insert

the following clause:

Small Disadvantaged Business Targets

October 2000

(a) In accordance with FAR 19.1202–4(a)

and EP 52.219–145, the following small

disadvantaged business (SDB) participation

targets proposed by the contractor are hereby

incorporated into and made part of the

contract:

Contractor targets

SIC/

NAICS

major

group

Dollars

Percentage of

total

contract

value

Total Prime Contractor Targets

(including joint

venture members

and team members)

Total Subcontractor

Targets

(b) The following specifically identified

SDB(s) was (were) considered under the

Section M SDB participation evaluation

factor or subfactor (continue on separate

sheet if more space is needed):

(1) lllllllllllllllllll

(2) lllllllllllllllllll

(3) lllllllllllllllllll

(4) lllllllllllllllllll

(5) lllllllllllllllllll

58928 Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations

The contractor shall promptly notify the

contracting officer of any substitution of

firms if the new firms are not SDB concerns.

(c) In accordance with FAR 52.219–25,

Small Disadvantaged Business Participation

Program—Disadvantaged Status and

Reporting, the contractor shall report on the

participation of SDB concerns in the

performance of the contract no less than

thirty (30) calendar days prior to each annual

contractor performance evaluation

[contracting officer may insert the dates for

each performance evaluation (i.e., every 12

months after the effective date of contract)]

or as otherwise directed by the contracting

officer.

(End of provision)

23. Section 1552.219–74, Small

Disadvantaged Business Participation

Evaluation Factor, is added to read as

follows:

1552.219–74 Small disadvantaged

business participation evaluation factor.

As prescribed in 1519.204(c), insert

the following clause:

Small Disadvantaged Business Participation

Evaluation Factor

October 2000

Under this factor [or subfactor, if

appropriate], offerors will be evaluated based

on the demonstrated extent of participation

of small disadvantaged business (SDB)

concerns in the performance of the contract

in each of the authorized and applicable

North American Industry Classification

System (NAICS) Industry Subsectors as

determined by the Department of Commerce.

As part of this evaluation, offerors will be

evaluated based on:

(1) The extent to which SDB concerns are

specifically identified to participate in the

performance of the contract;

(2) The extent of the commitment to use

SDB concerns in the performance of the

contract (enforceable commitments will be

weighed more heavily than nonenforceable

commitments);

(3) The complexity and variety of the work

the SDB concerns are to perform under the

contract;

(4) The realism of the proposal to use SDB

concerns in the performance of the contract;

and

(5) The extent of participation of SDB

concerns, at the prime contractor and

subcontractor level, in the performance of the

contract (in the authorized and applicable

NAICS Industry Subsectors in terms of

dollars and percentages of the total contract

value.

(End of provision)

24. Section 1552.223–72, Care of

Laboratory Animals, is added to read as

follows:

1552.223–72 Care of Laboratory Animals.

As prescribed in 1523.303–72, insert

the following clause:

Care of Laboratory Animals

October 2000

(a) Before undertaking performance of any

contract involving the use of laboratory

animals, the Contractor shall register with the

Secretary of Agriculture of the United States

in accordance with section 6, Public Law 89–

544, Laboratory Animal Welfare Act, August

24, 1966, as amended by Public Law 91–579,

Animal Welfare Act of 1970, December 24,

1970. The Contractor shall furnish evidence

of such registration to the contracting officer.

(b) The Contractor shall acquire animals

used in research and development programs

from a dealer licensed by the Secretary of

Agriculture, or from exempted sources in

accordance with the Public Laws enumerated

in (a), above, of this provision.

(c) In the care of any live animals used or

intended for use in the performance of this

contract, the Contractor shall adhere to the

principles enunciated in the Guide for Care

and Use of Laboratory Animals prepared by

the Institute of Laboratory Animal Resources,

National Academy of Sciences (NAS)—

National Research Council (NRC), and the

United States Department of Agriculture’s

(USDA) regulations and standards issued

under Public Laws enumerated in (a) above.

In case of conflict between standards, the

higher standard shall be used. The

Contractor’s reports on portions of the

contract in which animals were used shall

contain a certificate stating that the animals

were cared for in accordance with the

principles enunciated in the Guide for Care

and Use of Laboratory Animals prepared by

the Institute of Laboratory Animals Resources

(NAS–NRC), and/or in the regulations and

standards as promulgated by the Agricultural

Research Service, USDA, pursuant to the

Laboratory Animal Welfare Act of August 24,

1966 as amended (Public Law 89–544 and

Public Law 91–579). NOTE: The Contractor

may request registration of his facility and a

current listing of licensed dealers from the

Regional Office of the Animal and Plant

Health Inspection Service (APHIS), USDA,

for the region in which his research facility

is located. The location of the appropriate

APHIS Regional Office as well as information

concerning this program may be obtained by

contacting the Senior Veterinary, Animal

Care Staff, USDA/APHIS, Federal Center

Building, Hyattsville, MD 20782.

(End of clause)

25. Section 1552.232–73 is amended

by revising paragraph (b) (2), to read as

follows:

1552.232–73 Payments—Fixed-Rate

Services Contract.

* * * * *

(b) Materials, other direct costs, and

subcontracts.

* * * * *

(2) Subcontracted effort may be included in

the fixed hourly rates discussed in paragraph

(a)(1) of this clause and will be reimbursed

as discussed in that paragraph. Otherwise,

the cost of subcontracts that are authorized

under the subcontracts clause of this contract

shall be reimbursable costs under this clause

provided that the costs are consistent with

subparagraph (3) of this clause. Reimbursable

costs in connection with subcontracts shall

be payable to subcontractors consistent with

FAR 32.504 in the same manner as for items

and services purchased directly for the

contract under paragraph (a)(1) of this clause.

Reimbursable costs shall not include any

costs arising from the letting, administration,

or supervision of performance of the

subcontract, if the costs are included in the

hourly rates payable under paragraph (a)(1)

of this clause.

* * * * *

26. Section 1552.228–70, Insurance

Liability to Third Persons, is added to

read as follows:

1552.228–70 Insurance Liability to Third

Persons.

As prescribed in 1528.101, insert the

following clause:

Insurance—Liability to Third Persons

October 2000

(a)(1) Except as provided in subparagraph

(2) below, the Contractor shall provide and

maintain workers’ compensation, employer’s

liability, comprehensive general liability

(bodily injury), and comprehensive

automobile liability (bodily injury and

property damage) insurance, and such other

insurance as the Contracting officer may

require under this contract.

(2) The Contractor may, with the approval

of the Contracting officer, maintain a selfinsurance program; provided that, with

respect to workers’ compensation, the

Contractor is qualified pursuant to statutory

authority.

(3) All insurance required by this

paragraph shall be in a form and amount and

for those periods as the Contracting officer

may require or approve and with insurers

approved by the Contracting officer.

(b) The Contractor agrees to submit for the

Contracting officer’s approval, to the extent

and in the manner required by the

Contracting officer, any other insurance that

is maintained by the Contractor in

connection with the performance of this

contract and for which the Contractor seeks

reimbursement.

(c) The Contractor shall be reimbursed for

that portion of the reasonable cost of

insurance allocable to this contract, and

required or approved under this clause, in

accordance with its established cost

accounting practices.

(End of clause)

27. Section 1552.235–80, Access to

Confidential Business Information (CBI),

is added to read as follows:

1552.235–80 Access to confidential

business information.

As prescribed in 1535.007–70(g),

insert the following clause.

Access to Confidential Business Information

October 2000

It is not anticipated that it will be

necessary for the contractor to have access to

confidential business information (CBI)

Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations 58929

during the performance of tasks required

under this contract. However, the following

applies to any and all tasks under which the

contractor will or may have access to CBI:

The contractor shall not have access to CBI

submitted to EPA under any authority until

the contractor obtains from the Project

Officer a certification that the EPA has

followed all necessary procedures under 40

CFR part 2, subpart B (and any other

applicable procedures), including providing,

where necessary, prior notice to the

submitters of disclosure to the contractor.

(End of clause)

28. Section 1552.239–70,

Rehabilitation Act Notice, is added to

read as follows:

1552.239–70 Rehabilitation act notice.

As prescribed in 1523.7003(a), insert

the following clause.

Rehabilitation Act Notice

October 2000

(a) EPA has a legal obligation under the

Rehabilitation Act of 1973, 29 U.S.C. 791, to

provide reasonable accommodation to

persons with disabilities who wish to attend

EPA programs and activities. Under this

contract, the contractor may be required to

provide support in connection with EPA

programs and activities, including

conferences, symposia, workshops, meetings,

etc. In such cases, the contractor shall, as

applicable, include in its draft and final

meeting announcements (or similar

documents) the following notice:

It is EPA’s policy to make reasonable

accommodation to persons with disabilities

wishing to participate in the agency’s

programs and activities, pursuant to the

Rehabilitation Act of 1973, 29 U.S.C. 791.

Any request for accommodation should be

made to the specified registration contact for

a particular program or activity, preferably

one month in advance of the registration

deadline, so that EPA will have sufficient

time to process the request.

(b) Upon receipt of such a request for

accommodation, the contractor shall

immediately forward the request to the EPA

contracting officer, and provide a copy to the

appropriate EPA program office. The

contractor may be required to provide any

accommodation that EPA may approve.

However, in no instance shall the contractor

proceed to provide an accommodation prior

to receiving written authorization from the

contracting officer.

(c) The contractor shall insert in each

subcontract or consultant agreement placed

hereunder provisions that shall conform

substantially to the language of this clause,

including this paragraph, unless otherwise

authorized by the contracting officer.

(End of clause)

29. Section 1552.242–72, Financial

administrative contracting officer, is

added to read as follows:

1552.242–72 Financial administrative

contracting officer.

As prescribed in 1542.705 (b), insert

the following clause:

Financial Administrative Contracting Officer

October 2000

(a) A Financial Administrative Contracting

Officer (FACO) is responsible for performing

certain post-award functions related to the

financial aspects of this contract when the

EPA is the cognizant federal agency. These

functions include the following duties:

(1) Review the contractor’s compensation

structure and insurance plan.

(2) Negotiate advance agreements

applicable to treatment of costs and to

Independent Research & Development/Bid

and Proposal costs.

(3) Negotiate changes to interim billing

rates and establish final indirect cost rates

and billing rates.

(4) Prepare findings of fact and issue

decisions related to financial matters under

the Disputes clause, if appropriate.

(5) In connection with Cost Accounting

Standards:

(A) Determine the adequacy of the

contractor’s disclosure statements;

(B) Determine whether the disclosure

statements are in compliance with Cost

Accounting Standards and FAR Part 31;

(C) Determine the contractor’s compliance

with Cost Accounting Standards and

disclosure statements, if applicable; and

(D) Negotiate price adjustments and

execute supplemental agreements under the

Cost Accounting Standards clauses at FAR

52.230–3, 52.230–4, and 52.230–5.

(6) Review, approve or disapprove, and

maintain surveillance of the contractor’s

purchasing system.

(7) Perform surveillance, resolve issues,

and establish any necessary agreements

related to the contractor’s cost/schedule

control system, including travel policies/

procedures, allocation and cost charging

methodology, timekeeping and labor

distribution policies and procedures,

subcontract payment practices, matters

concerning relationships between the

contractor and its affiliates and subsidiaries,

and consistency between bid and accounting

classifications.

(8) Review, resolve issues, and establish

any necessary agreements related to the

contractor’s estimating system.

(b) The FACO shall consult with the

contracting officer whenever necessary or

appropriate and shall forward a copy of all

agreements/decisions to the contracting

officer upon execution.

(c) The FACO for this contract is:

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

(End of clause)

30. Section 1552.245–73, Government

Property, is added to read as follows:

1552.245–73 Government property.

As prescribed in 1545.106(d), insert

the following clause:

Government Property

October 2000

(a) The contractor shall not fabricate or

acquire, on behalf of the Government, either

directly or indirectly through a subcontract,

any item of property without written

approval from the Contracting officer.

(b) In accordance with paragraph (a) above,

the contractor is authorized to acquire and/

or fabricate the equipment listed below for

use in the performance of this contract. The

equipment is subject to the provisions of the

‘‘Government Property’’ clause.

(c) The Government will provide the

following item(s) of Government property to

the contractor for use in the performance of

this contract. This property shall be used and

maintained by the contractor in accordance

with the provisions of the ‘‘Government

Property’’ clause.

(d) The ‘‘EPA Contract Property

Administration Requirements’’ provided

below apply to this contract.

U.S. Environmental Protection Agency

Property Administration Requirements

(PAR)

1. Purpose. This document sets forth the

requirements for Environmental Protection

Agency (EPA) contractors in the performance

of their Government property management

responsibilities under contracts with EPA.

These requirements supplement those

contained in the Government property

clause(s) in this contract, and part 45 of the

Federal Acquisition Regulation (FAR).

2. Delegation of Contract Property

Administration. EPA has delegated much of

its contract property management oversight

to the Defense Contract Management

Command (DCMC). Shortly after award of a

contract, the EPA contracting officer (CO)

delegates the functions of property

administration and plant clearance (disposal)

for the contract to DCMC. Upon acceptance

of that delegation, DCMC will provide

notification to the contractor, identifying the

assigned property administrator (PA) and

plant clearance officer (PLCO). If the contract

is not delegated to DCMC for administration,

any reference to PA and PLCO throughout

this document shall be construed to mean

CO. The DCMC PA is available to the

contractor for assistance in all matters of

property administration. Notwithstanding the

delegation, as necessary, the contractor may

contact their EPA CO. In the event of

disagreement between the contractor and the

DCMC PA, the contractor should seek

resolution from the CO. Unless otherwise

directed in the contract, or this document, all

originals of written information or reports,

except direct correspondence between the

contractor and the DCMC PA, relative to

Government property, should be forwarded

to the administrative CO assigned to this

contract.

3. Requests for Government Property.

a. In accordance with FAR 45.102, the

contractor shall furnish all property required

for performing Government contracts. If a

contractor believes that Government facilities

are required for performance of the contract,

the contractor shall submit a written request

to the CO. At a minimum, the request shall

contain the following elements:

1. Contract number for which the facilities

are required.

2. An item(s) description, quantity and

estimated cost.

58930 Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations

3. Certification that no like contractor

facilities exist which could be utilized.

4. A detailed description of the task-related

purpose of the facilities.

5. Explanation of negative impact if

facilities are not provided by the

Government.

6. If applicable, recommend the exception

under FAR 45.302–1(a) or any applicable

EPA class deviation (available upon request),

and provide any other information which

would support the furnishing of facilities,

including contractor-acquired property

(CAP).

7. Except when the request is for material,

a lease versus purchase analysis shall be

furnished with the request to acquire

property on behalf of the Government. The

contractor may not proceed with acquisition

of facilities on behalf of the Government until

receipt of written authorization from the EPA

CO.

4. Transfer of Government Property. When

the contractor receives Governmentfurnished property (GFP), the contractor

should receive, from the transferor, (either

EPA or another contractor) all of the

applicable data elements (Attachment 1 of

this clause) needed to maintain the required

records. If this information is not provided at

the time of receipt of the property, the

contractor shall request it from the EPA CO.

The CO will attempt to obtain the data from

the previous property holder, or, if data does

not exist, will assist the current property

holder in estimating the elements. Prior to

signing an acceptance document for the

property, the receiving contractor should

perform a complete inventory of the

property. Responsibility, as well as

accountability, passes with the signed

acceptance. When, at the written direction of

the EPA CO, the contractor transfers GFP to

another contractor, or another Agency, the

contractor shall provide the applicable data

elements (Attachment 1 of this clause). Upon

return of the property to EPA, the same data

must be provided by the contractor to the

EPA CO.

5. Records of Government Property.

a. In accordance with FAR 45.505 and

45.505–1, the contractor shall establish and

maintain adequate property records for all

Government property, regardless of value,

including property provided to and in the

possession of a subcontractor. Material

(supplies) provided by the Government or

acquired by the contractor and billed as a

direct charge to the Government is

Government property and records must be

established as such.

b. The contractor shall establish and

maintain the official Government property

record. (If the contract contains the FAR

Clause 52.245–1, the Government will

maintain the official Government property

records.) Such records shall contain the

applicable data elements (Attachment 1 of

this clause) for all items of Government

property regardless of cost.

c. The Contractor shall identify all

Superfund property and designate it as such

both on the item and on the official

Government property record. If it is not

practicable to tag the item, the contractor

shall write the ID number on a tag, card or

other entity that may be kept with the item

or in a file.

d. Support documentation used for posting

entries to the property record shall provide

complete, current and auditable data. Entries

shall be posted to the record in a timely

manner following an action.

e. For Government vehicles, in addition to

the data elements required by EPA, the

contractor shall also comply with the General

Services Administration (GSA) and

Department of Energy (DOE) record and

report requirements supplied with all EPA

provided motor vehicles. If the above

requirements were not provided with the

vehicle, the contractor shall notify the EPA

CO.

f. When Government property is disclosed

to be in the possession or control of the

contractor but not provided under any

contract, the contractor shall record and

report the property in accordance with FAR

45.502(f) and (h).

6. Inventories of Government Property. The

contractor shall conduct a complete physical

inventory of EPA property at least once per

year, unless otherwise directed by the PA.

Reconciliation shall be completed within 30

calendar days of inventory completion. The

contractor shall report the results of the

inventory, including any discrepancies, to

the DCMC PA upon completion of the

reconciliation. The contractor’s records shall

indicate the completion date of the

inventory. See section 9 herein, Contract

Closeout, for information on final

inventories.

7. Reports of Government Property. In

accordance with FAR 45.505–14, EPA

requires an annual summary report, for each

contract, by contract number, of Government

property in the contractor’s possession as of

September 30 each year.

a. For each classification listed in FAR

45.505–14(a), except material, the contractor

shall provide the total acquisition cost and

total quantity. If there are zero items in a

classification, or if there is an ending balance

of zero, the classification must be listed with

zeros in the quantity and acquisition cost

columns.

b. For material, the contractor shall provide

the total acquisition cost only.

c. Property classified as facilities, special

tooling, special test equipment, and agency

peculiar must be reported on two separate

lines. The first line shall include the total

acquisition cost and quantity of all items or

systems with a unit acquisition cost of

$25,000 or more. The second line shall

include the total acquisition cost and

quantity of all items with a unit acquisition

cost of less than $25,000.

d. For items comprising a system, which is

defined as ‘‘a group of interacting items

functioning as a complex whole,’’ the

contractor may maintain the record as a

system noting all components of the system

under the main component or maintain

individual records for each item. However,

for the annual report of Government property

the components must be reported as a system

with one total dollar amount for the system,

if that system total is $25,000 or more.

e. The reports are to be received at EPA

and DCMC no later than October 31 of each

year.

f. Distribution shall be as follows:

Original to: EPA CO

1 copy: DCMC PA

g. EPA Contractors are required to comply

with GSA’s and DOE’s special reporting

requirements for motor vehicles. A statement

of these requirements will be provided by the

EPA Facility Management and Services

Division (FMSD) concurrent with receipt of

each vehicle.

h. The contractor shall provide detailed

reports on an as-needed basis, as may be

requested by the CO or the PA.

8. Disposition of Government Property. The

disposition process is composed of three

distinct phases: identification of excess

property, reporting of excess property, and

final disposition.

a. Identification of Excess Property. The

disposition process begins with the

contractor identifying Government property

that is excess to its contract. Effective

contractor property control systems provide

for disclosing excesses as they occur. Once

inactive Government property has been

determined to be excess to the contract to

which it is accountable, it must be screened

against the contractor’s other EPA contracts

for further use. If the property may be

reutilized, the contractor shall notify the CO

in writing. Government property will be

transferred to other contracts only when the

COs on both the current contract and the

receiving contract authorize such a transfer

in writing.

b. Reporting Excess Government Property.

Excess Government property shall be

reported in accordance with FAR Subpart

45.6. Inventory schedules A–E (SF Forms

1426–1434) provide the format for reporting

of excess Government property. Instructions

for completing the forms are located at FAR

45.606–5 and samples may be found in FAR

53.301–1426 thru 1434. Inventory schedules

shall be forwarded to the DCMC PLCO with

a copy to the EPA CO. The cover letter,

which accompanies the inventory schedules,

must include the EPA CO’s name, address

and telephone number. Inventory schedules

must also contain a notification if the

property is Superfund property. If the

property is Superfund property, the

contractor must also prominently include the

following language on the inventory

schedule: ‘‘Note to PLCO: Reimbursement to

the EPA Superfund is required.’’ When

requested, by the PLCO or the CO, the

contractor will provide the fair market value

for those items requested.

c. Disposition Instructions. 

1. If directed in writing by the EPA CO, the

contractor will retain all or part of the excess

Government property under the current

contract for possible future requirements.

The contractor shall request, from the PLCO,

withdrawal from the inventory schedule of

those items to be retained.

2. If directed in writing by the EPA CO, the

contractor shall transfer the property to

another EPA contractor. The contractor will

transfer the property by shipping it in

accordance with the instructions provided by

the CO. The contractor shall request, from the

PLCO, withdrawal from the inventory

schedule of those items to be transferred.

Further, the contractor shall notify the CO

when the transfer is complete.

Federal Register / Vol. 65, No. 192 / Tuesday, October 3, 2000 / Rules and Regulations 58931

3. If directed in writing by the EPA CO, the

contractor shall transfer the property to EPA.

The contractor shall ship/deliver the

property in accordance with the instructions

provided by the CO. The contractor will

request, from the PLCO, withdrawal from the

inventory schedule of those items to be

transferred to EPA. Further, the contractor

shall notify the CO when the transfer is

complete.

4. The contractor will ship the property

elsewhere if directed, in writing, by the

PLCO.

5. The PLCO will either conduct the sale

or instruct the contractor to conduct a sale of

surplus property. The contractor will allow

prospective bidders access to property

offered for sale.

6. Property abandoned by the PLCO on the

contractor’s site must be disposed of in a

manner that does not endanger the health

and safety of the public.

7. To effect transfer of accountability, the

contractor shall provide the recipient of the

property with the applicable data elements

set forth in Attachment 1 of this clause. The

contractor shall also obtain either a signed

receipt from the recipient, or proof of

shipment. The contractor shall update the

official Government property record to

indicate the disposition of the item and to

close the record.

9. Contract Closeout. The contractor shall

complete a physical inventory of all

Government property at contract completion

and the results, including any discrepancies,

shall be reported to the DCMC PA. In the case

of a terminated contract, the contractor shall

comply with the inventory requirements set

forth in the applicable termination clause.

The results of the inventory, as well as a

detailed inventory listing, must be forwarded

to the CO. For terminated contracts, the

contractor will conduct and report the

inventory results as directed by the CO.

However, in order to expedite the disposal

process, contractors may be required to, or

may elect to submit to the CO, an inventory

schedule for disposal purposes up to six (6)

months prior to contract completion. If such

an inventory schedule is prepared, the

contractor must indicate the earliest date that

each item may be disposed. The contractor

shall update all property records to show

disposal action. The contractor shall notify

the DCMC PA, in writing, when all work has

been completed under the contract and all

Government property accountable to the

contract has been disposed.

Attachment 1

Required Data Elements. Where applicable

(all elements are not applicable to material)

the contractor is required to maintain, at a

minimum, the information related to the

following data elements for EPA Government

property: Contractor Identification/Tag

Number; Description; Manufacturer; Model;

Serial Number; Acquisition Date; Date

received; Acquisition Cost*; Acquisition

Document Number; Location; Contract

Number; Account Number (if supplied);

Superfund (Yes/No); Inventory Performance

Date; Disposition Date.

* Acquisition cost shall include the price of

the item plus all taxes, transportation and

installation charges allocable to that item.

Note: For items comprising a system which

is defined as, ‘‘a group of interacting items

functioning as a complex whole,’’ the

contractor may maintain the record as a

system noting all components of the system

under the main component or maintain

individual records for each item. However,

for the Annual Report of Government

Property, the components must be reported

as a system with one total dollar amount for

the system, if that system total is $25,000 or

more.

(End of clause)

Dated: September 21, 2000.

John C. Gherardini,

Acting Director, Office of Acquisition

Management.

[FR Doc. 00–25046 Filed 10–2–00; 8:45 am]

BILLING CODE 6560–50–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1807, 1811, 1815, 1816,

1817, 1819, 1834, 1843, 1845, and 1852

North American Industry Classification

System (NAICS)

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: This is a final rule amending

the NASA Federal Acquisition

Regulation Supplement (NFS) to

conform to changes made in the Federal

Acquisition Regulation (FAR) by

Federal Acquisition Circular (FAC) 97–

19 and make editorial corrections and

miscellaneous changes dealing with

NASA internal and administrative

matters.

EFFECTIVE DATE: October 3, 2000.

FOR FURTHER INFORMATION CONTACT:

Celeste Dalton, Code HK, (202) 358–

1645, e-mail:

celeste.dalton@hq.nasa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

Federal Acquisition Circular (FAC)

97–19 replaced the Standard Industrial

Classification (SIC) system with the

North American Industry Classification

System (NAICS). Additionally, FAC 97–

19 amended the title to section 7.107,

revised subpart 11.5, and amended

section 43.205. This final rule amends

the NASA FAR Supplement (NFS) to

conform to these changes. Changes

unrelated to FAC 97–19 are made to:

update references to internal

documents; revise the dollar threshold

for use of Government bills of lading at

1852.247–73; revise the instructions for

amending the clause at 1852.242–70

when its Alternate II is used; and make

a technical correction at 1819.202.

B. Regulatory Flexibility Act

NASA certifies that this final rule

does not have a significant economic

impact on a substantial number of small

business entities within the meaning of

the Regulatory Flexibility Act (5 U.S.C.

601, et seq.), because it does not impose

new requirements on offerors or

contractors.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

NFS do not impose any recordkeeping

or information collection requirements,

or collection of information from

offerors, contractors, or members of the

public that require the approval of the

Office of Management and Budget under

44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 1807,

1811, 1815, 1816, 1817, 1819, 1834,

1843, 1845, and 1852

Government procurement.

Thomas S. Luedtke,

Associate Administrator for Procurement.

Accordingly, 48 CFR Parts 1807, 1811,

1815, 1816, 1817, 1819, 1834, 1843,

1845, and 1852 are amended as follows:

1. The authority citation for 48 CFR

Parts 1807, 1811, 1815, 1816, 1817,

1819, 1834, 1843, 1845, and 1852

continues to read as follows:

Authority: 42 U.S.C. 2473(c)(1).

PART 1807—ACQUISITION PLANNING

2. Revise the section heading at

1807.107 to read as follows:

1807.107 Additional requirements for

acquisitions involving bundling.

PART 1811—DESCRIBING AGENCY

NEEDS

3. Revise subpart 1811.5 to read as

follows:

Subpart 1811.5—Liquidated Damages

1811.501 Policy.

(d) The procurement officer must

forward recommendations concerning

remission of liquidated damages to the

Headquarters Office of Procurement

(Code HS).

PART 1815—CONTRACTING BY

NEGOTIATION

1815.7001 [Amended]

4. Amend section 1815.7001 by

removing the words ‘‘Procurement

Guidance’’ and adding the words