Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 /Rules and Regulations 19193

EFFECTIVE DATE: April 17, 1998.

FOR FURTHER INFORMATION CONTACT:

McKenzie Mallary, Remedial Project

Manager, U.S. Environmental Protection

Agency, Region 4, North Site

Management Branch, 61 Forsyth Street,

S.W., Atlanta, Georgia 30303–3014,

(404) 562–8802 or 1–800–435–9233.

SUPPLEMENTARY INFORMATION: The Site

affected by this partial deletion from the

NPL is: Celanese Corporation Shelby

Fiber Operations, Shelby, Cleveland

County, North Carolina.

A Notice of Intent of Partial Deletion

for this Site was published in the

Federal Register on February 9, 1998

(63 FR 6508). The closing date for

comments on the Notice of Intent for

Partial Deletion was March 10, 1998.

EPA received no comments.

See the February 9, 1998, Federal

Register publication for more details

describing OU#1 and OU#2 areas being

deleted and those remaining as part of

the Site.

EPA identifies sites that appear to

present a significant risk to the public

health, welfare and the environment

and it maintains the NPL as the list of

those sites. Any site or portion thereof

deleted from the NPL remains eligible

for Fund-financed remedial actions in

the future. Section 300.425(e)(3) of the

NCP states that Fund-financed actions

may be taken at sites deleted from the

NPL. Deletion of a site or portions of a

site from the NPL does not affect

responsible party liability or impede

Agency efforts to recover costs

associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

Waste, Hazardous substances,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, and Water supply.

Dated: March 27, 1998.

A. Stanley Meiburg,

Deputy Regional Administrator, Region 4.

For reasons set out in the preamble,

40 CFR Part 300 is amended as follows:

PART 300—[AMENDED]

1. The authority citation for Part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR

1991 Comp., p 351; E.O. 12580, 52 FR 2923;

3 CFR, 1987 Comp., p. 193.

2. Table 1 of Appendix B to Part 300

is amended by revising the entry for

‘‘Celanese Corp. (Shelby Fiber

Operations)’’ in North Carolina to read

as follows:

Appendix B to Part 300—National

Priorities List

TABLE 1.—GENERAL SUPERFUND SECTION

State Site name City/county Notes a

* * * * * * *

NC .......... Celanese Corp. (Shelby Fiber Operations) ................................................................... Shelby/Cleveland ........................ P

* * * * * * *

a * * *

P=Sites with partial deletion(s).

* * * * *

[FR Doc. 98–9067 Filed 4–16–98; 8:45 am]

BILLING CODE 6560–50–P

GENERAL SERVICES

ADMINISTRATION

48 CFR Parts 501, 515, 538, and 552

[APD 2800.12A, CHGE 78]

RIN 3090–AG71

Acquisition Regulation: Requesting

Debriefings at GSA; Electronic Sales

Reporting; Schedule for Submission of

Reports; Fees for Industrial Funding

Under Federal Supply Service

Schedule Contracts

AGENCY: Office of Acquisition Policy,

GSA.

ACTION: Final rule.

SUMMARY: The General Services

Administration Acquisition Regulation

(GSAR) is amended to provide for

electronic reporting of sales under the

Federal Supply Service (FSS) Schedule

program and to require reporting of

sales and payment of the industrial

funding fee (IFF) on a calendar quarter

basis. The GSAR is also amended to

define General Services Administration

(GSA) business hours for purposes of

requesting postaward debriefings.

DATES: Effective Date: April 17, 1998.

FOR FURTHER INFORMATION CONTACT:

Gloria Sochon, GSA Acquisition Policy

Division, (202) 208–6726.

SUPPLEMENTARY INFORMATION:

A. Background

FSS, in consultation with industry,

identified sales reporting under FSS

Schedule contracts as an area in need of

updating to make it more consistent

with commercial business practices.

The prior system required contractors to

submit sales reports quarterly on paper

forms. Quarters were based on the

contract’s start date and did not

necessarily coincide with calendar

quarters. These changes revise the

system to require FSS Schedule

contractors to submit sales reports

electronically via the Internet and to

eliminate the use of paper forms.

Contractors will continue to report

quarterly, but based on ‘‘standard

business’’ (i.e., calendar) quarters.

The transition to electronic reporting

facilitates contractors’ compliance with

sales reporting requirements. The

updated system enables FSS Schedule

contractors to use the Internet to

eliminate the time-consuming

paperwork required to manually

complete paper reports. Since reports

for all contracts are now due at the same

time, contractors no longer have to

maintain a unique reporting schedule

for each contract. Furthermore, this

streamlined transmittal method allows

the Government to process reports more

efficiently and allocate resources more

effectively.

Federal Acquisition Regulation (FAR)

sections 15.505 and 15.506 establish

standards for timely submission of

preaward protest requests and timely

receipt of postaward debriefing requests.

This rule defines GSA business hours to

help offerors make timely debriefing

requests and avoid unnecessary protests

over timeliness.
19194 Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 /Rules and Regulations

B. Executive Order 12866

This regulatory action was not subject

to Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993, and is not a

major rule under 5 U.S.C. 804.

C. Regulatory Flexibility Act

This final rule is not a significant

revision requiring public comments and

therefore the Regulatory Flexibility Act,

5 U.S.C. 601, et seq., does not apply.

D. Paperwork Reduction Act

The revised clause at 552.238–72,

Contractor’s Report of Sales, contains an

information collection requirement

subject to the Paperwork Reduction Act

(44 U.S.C. 3501 et seq.). However, the

revisions to the clause made by this rule

do not affect the information collection

requirement which was approved

previously by OMB and assigned

control number 3090–0121.

The revised clause at 552.238–77,

Industrial Funding Fee, contains an

information collection requirement

subject to the Paperwork Reduction Act

(44 U.S.C. 3501 et seq.). However, the

revisions to the clause made by this rule

do not affect the information collection

requirement previously approved under

GSA’s blanket approval under control

number 3090–0250 from OMB for

information collections with a zero

burden estimate.

E. Determination To Issue a Final Rule

GSA expects this rule will have no

significant cost or administrative burden

on contractors or offerors. First, the rule

requires contractors under the FSS

program to report the industrial funding

fee electronically. The requirement for

reporting is not new, only the method

of reporting is changed from paperbased to electronic. Contractors require

Internet access to make the reports

electronically. For those without

Internet capability at their place of

business, free access is readily available

at public facilities such as libraries.

Electronic reporting will be simpler,

quicker, and less expensive than paperbased reporting. Second, the rule

requires reporting sales on a calendar

quarter schedule rather than quarters

based from date of contract award. This

change does not increase the frequency

of reporting, but makes it simpler for

contractors to track and follows more

closely with other customary business

reports and records. Finally, defining

agency business hours will help offerors

make timely debriefing requests and

avoid unnecessary protests over

timeliness. Therefore, GSA is

promulgating this final rule without

prior opportunity for public comment.

List of Subjects in 48 CFR Parts 501,

515, 538, and 552

Government procurement.

Accordingly, 48 CFR 501, 515, 538,

and 552 are amended as follows:

1. The authority citation for 48 CFR

Parts 501, 515, 538, and 552 continues

to read as follows:

Authority: 40 U.S.C. 486(c)

PART 501—GENERAL SERVICES

ADMINISTRATION ACQUISITION

REGULATION SYSTEM

§ 501.103 [Amended]

2. Section 501.103 is amended in

paragraph (b) by adding ‘‘515.406,’’

immediately after ‘‘515.1,’’ in the first

sentence.

PART 515—CONTRACTING BY

NEGOTIATION

3. Section 515.406–1 is amended by

revising paragraph (b) to read as follows:

515.406–1 Uniform contract format.

* * * * *

(b) All solicitations and contracts

must include the two notices in

paragraphs (b)(1) and (2), except

solicitations for leases and leases of real

property must include only the notice in

paragraph (b)(1):

(1) ‘‘The information collection

requirements contained in this

solicitation/contract that are not

required by regulation have been

approved by the Office of Management

and Budget pursuant to the Paperwork

Reduction Act and assigned OMB

Control No. 3090–0163.’’

(2) ‘‘GSA’s hours of operation are 8:00

a.m. to 4:30 p.m. Requests for preaward

debriefings postmarked or otherwise

submitted after 4:30 p.m. will be

considered submitted the following

business day. Requests for postaward

debriefings delivered after 4:30 p.m.

will be considered received and filed

the following business day.’’

PART 538—GSA SCHEDULE

CONTRACTING

4. Section 538.203–71 is amended by

revising paragraph (a) to read as follows:

538.203–71 Solicitation provisions and

contract clauses.

(a) The Contracting Officer shall insert

the clause at 552.238–72, Contractor’s

Report of Sales, in solicitations issued

and contracts awarded under GSA’s

schedule program.

* * * * *

PART 552—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

5. Section 552.238–72 is revised to

read as follows:

552.238–72 Contractor’s Report of Sales.

As prescribed in 538.203–71(a), insert

the following clause:

Contractor’s Report of Sales (Apr 1998)

(a) The Contractor must report the

quarterly dollar value (in U.S. dollars and

rounded to the nearest whole dollar) of all

sales under this contract by calendar quarter

(i.e., January-March, April-June, JulySeptember, and October-December). The

dollar value of a sale is the price paid by the

schedule user for products and services on a

schedule contract delivery order, as recorded

by the Contractor. The reported contract sales

value must include the industrial funding fee

(see Clause 552.238–77).

(b) The Contractor must report the

quarterly dollar value of sales on electronic

GSA Form 72A, Contractor’s Report of Sales,

to the FSS Vendor Support Center (VSC)

Website at Internet, http://VSC.gsa.gov. The

Contractor must report sales separately for

each National Stock Number (NSN), Special

Item Number (SIN), or subitem. If no sales

occur, the Contractor must show zero on the

report for each separate NSN, SIN, or

subitem.

(c) The Contractor must register with the

VSC before using the automated reporting

system. To register, the Contractor (or its

authorized representative) must call the VSC

at (703) 305–6235 and provide the necessary

information regarding the company, contact

name(s), and telephone number(s). The VSC

will then issue a 72A specific password and

provide other information needed to access

the reporting system. Instructions for

electronic reporting are available at the VSC

Website or by calling the above phone

number.

(d) The Contractor must convert the total

value of sales made in foreign currency to

U.S. dollars using the ‘‘Treasury Reporting

Rates of Exchange,’’ issued by the U.S.

Department of Treasury, Financial

Management Service. The Contractor must

use the issue of the Treasury report in effect

on the last day of the calendar quarter. The

report is available from: Department of the

Treasury, Financial Management Service,

International Funds Branch, 3700 East-West

Highway, PGCII, Room 5A19, Hyattsville,

MD 20782, Telephone: (202) 874–7994,

Internet: http://www.fms.treas.gov/intn.html

(e) The report is due 30 days following the

completion of the reporting period. The

Contractor must provide a close-out report

within 120 days after the expiration date of

the contract. This close-out report must cover

all sales not shown in the final quarterly

report and reconcile all errors and credits. If

the Contractor reported all contract sales and

reconciled all errors and credits on the final

quarterly report, then show zero sales in the

close-out report.

(End of Clause)

6. Section 552.238–77 is revised to read as

follows:
Federal Register / Vol. 63, No. 74 / Friday, April 17, 1998 /Rules and Regulations 19195

*The Commissioner, Federal Supply Service, or

a designee determines and provides to contracting

officers the percentage amount of the fee to insert

in the above clause.

552.238–77 Industrial Funding Fee.

As prescribed in 538.203–71(f) insert

the following clause:

Industrial Funding Fee (Apr 1998)

(a) The Contractor must pay the Federal

Supply Service, GSA, an industrial funding

fee (IFF). The Contractor must remit the IFF

in U.S. dollars within 30 days after the end

of each quarterly reporting period as

established in clause 552.238–72,

Contractor’s Report of Sales. The IFF equals

lll* of total quarterly sales reported. The

IFF reimburses the GSA Federal Supply

Service for the costs of operating the Federal

Supply Schedules Program and recoups its

operating costs from ordering activities.

Offerors must include the IFF in their prices.

The fee is included in the award price(s) and

reflected in the total amount charged to

ordering activities.

(b) The Contractor must remit any monies

due as a result of the close-out report

required by Clause 552.238–72 at the time

the close-out report is submitted to GSA.

(c) The contractor must pay the IFF amount

due by check, or electronic funds transfer

through the Automated Clearing House

(ACH), to the ‘‘General Services

Administration.’’ If the payment involves

multiple special item numbers or contracts,

the Contractor may consolidate the IFFs into

one payment. To ensure that the payment is

credited properly, the Contractor must

identify the check or electronic transmission

as an ‘‘Industrial Funding Fee’’ and include

the following information: contract

number(s); report amount(s); and report

period(s). If the Contractor makes payment by

check, provide this information on either the

check, check stub, or other remittance

material.

(1) If paying the IFF by check, the

Contractor must forward the check to the

following address: General Services

Administration, Accounts Receivable Branch,

P.O. Box 70500, Chicago, IL 60673–0500.

(2) If paying by electronic funds transfer

through the ACH, the Contractor must call

GSA, Financial Information Control Branch,

Receivables, Collections and Sales Section

(6BCDR) at [Contracting Officer to insert

phone number] to make arrangements.

(d) If the full amount of the IFF is not paid

within 30 calendar days after the end of the

applicable reporting period, it constitutes a

contract debt to the United States

Government under the terms of FAR 32.6.

The Government may exercise all rights

under the Debt Collection Act of 1982,

including withholding or setting off

payments and interest on the debt (see FAR

52.232–17, Interest).

(e) If the Contractor fails to submit sales

reports, falsifies sales reports, or fails to pay

the IFF in a timely manner, the Government

may terminate or cancel this contract. Willful

failure or refusal to furnish the required

reports, falsification of sales reports, or

failure to pay the IFF timely constitutes

sufficient cause for terminating the

Contractor for cause under the termination

provisions of this contract.

(End of Clause)

Dated: April 10, 1998.

Ida M. Ustad,

Deputy Associate Administrator for

Acquisition Policy.

[FR Doc. 98–10244 Filed 4–16–98; 8:45 am]

BILLING CODE 6820–61–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

49 CFR Part 1002

Fees

CFR Correction

In title 49 of the Code of Federal

Regulations, parts 1000 to 1199, revised

as of October 1, 1997, on page 18, in the

first column immediately following the

table in § 1002.2(f), paragraph (g) was

inadvertently removed. The omitted text

should read as follows:

§ 1002.2 Filing fees.

* * * * *

(g) Returned check policy. (1) If a

check submitted to the Board for a filing

or service fee is dishonored by a bank

or financial institution on which it is

drawn, the Board will notify the person

who submitted the check that:

(i) All work will be suspended on the

filing or proceeding, other than a tariff

filing, until the check is made good;

(ii) A returned check charge of $6.00

and any bank charges incurred by the

Board as a result of the dishonored

check must be submitted with the filing

fee which is outstanding; and

(iii) If payment is not made within the

time specified by the Board, the

proceeding will be dismissed or the

filing may be rejected.

(2) If a person repeatedly submits

dishonored checks to the Board for

filing fees, the Board may notify the

person that all future filing fees must be

submitted in the form of a certified or

cashier’s check or a money order.

BILLING CODE 1505–01–D