        DEPARTMENT OF DEFENSE
        GENERAL SERVICES ADMINISTRATION
        NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
        48 CFR Parts 2, 9, 13, 17, 36, 42, and 53
        [FAR Case 2006-022; Docket 2008-0002; Sequence 3]
        RIN 9000-AK99
        Federal Acquisition Regulation; FAR Case 2006-022, Contractor Performance Information

          AGENCIES:
          Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

          ACTION:
          Proposed rule with request for comments.

          SUMMARY:
          The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise the contractor performance information process. The FAR revisions include changes to FAR Parts 2, 9, 13, 17, 36, 42, and 53.

          DATES:
          Interested parties should submit written comments to the FAR Secretariat on or before June 2, 2008 to be considered in the formulation of a final rule.

          ADDRESSES:
          Submit comments identified by FAR case 2006-022 by any of the following methods:
          • Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting “FAR Case 2006-022” under the heading “Comment or Submission”. Select the link “Send a Comment or Submission” that corresponds with FAR Case 2006-022. Follow the instructions provided to complete the “Public Comment and Submission Form”. Please include your name, company name (if any), and “FAR Case 2006-022” on your attached document.
          • Fax: 202-501-4067.
          • Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4035, ATTN: Diedra Wingate, Washington, DC 20405.

            Instructions: Please submit comments only and cite FAR Case 2006-022 in all correspondence related to this case. All comments received will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided.

          FOR FURTHER INFORMATION CONTACT:
          Ms. Jeritta A. Parnell, Procurement Analyst, at (202) 501-4082 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501-4755. Please cite FAR case 2006-022.

        SUPPLEMENTARY INFORMATION:
        A. Background
        The Office of Federal Procurement Policy (OFPP) and the Chief Acquisition Officer's Acquisition Committee for E-GOV (ACE) established a working group to review regulations, policies, and guidance associated with contractor performance information. This working group proposed changes to a number of FAR parts. The Councils have agreed to some, but not all, of these changes. This proposed rule reflects those changes agreed to by the Councils. The changes to the FAR include the following:
        (1) Adds a definition in FAR 2.101 for “past performance” to include both active and completed contracts;

        (2) Clarifies the use of the governmentwide performance information repository, Past Performance Information Retrieval System (PPIRS) at http://www.ppirs.gov;

        (3) Requires contracting officers to evaluate past performance for orders that exceed the simplified acquisition threshold placed against Federal Supply Schedule contract, or under a task order contract or a delivery order contract awarded by another agency (i.e. governmentwide acquisition contract or multi-agency contract) and recommends past performance evaluations for orders under single agency contracts;
        (4) Consolidates the collection of past performance guidance in Part 42 and deletes the SF 1420 and 1421 from Part 36 and Part 53; and
        (5) Clarifies that the agency shall identify the individual responsible for preparing the evaluation of contractor past performance.
        This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This is not a major rule under 5 U.S.C. 804.
        B. Regulatory Flexibility Act

        The Councils do not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule does not impose any additional requirements on small businesses. The collection and reporting of past performance information is an internal process to the Government. The rule merely puts into effect the current practices of prudent contracting officers. In addition, the rule provides clearer instruction to contracting officers by restating in a better format the current language. Past performance evaluations are now made on master contracts based on the performance reported on the individual orders. This rule allows separate rather than consolidated evaluations under these types of contracts. There should be a small positive benefit for small businesses when individual instant reports are made rather than waiting for long-term reports on the master contract. Likewise, when small businesses have negative reports, the small businesses can take corrective action sooner. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. The Councils will consider comments from small entities concerning the affected FAR Parts 2, 9, 13, 17, 36, 42, and 53 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (FAR Case 2006-022) in correspondence.
        C. Paperwork Reduction Act

        The Paperwork Reduction Act does not apply because the proposed changes to the FAR do not impose information collection requirements 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 2, 9, 13, 17, 36, 42, and 53
          Government procurement.

          Dated: March 28, 2008.
          Al Matera,
          Director, Office of Acquisition Policy.

        Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 9, 13, 17, 36, 42, and 53 as set forth below:
        1. The authority citation for 48 CFR parts 2, 9, 13, 17, 36, 42, and 53 continues to read as follows:

          Authority:
          40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).

          PART 2—DEFINITIONS OF WORDS AND TERMS
          2. Amend section 2.101 in paragraph (b)(2) by adding the definition “Past Performance” in alphabetical order to read as follows:

            2.101
            Definitions.

            (b) * * *
            (2) * * *

              Past performance means an offeror's or contractor's performance on active and completed contracts.

          PART 9—CONTRACTOR QUALIFICATIONS
          3. Amend section 9.105-1 by revising the introductory text of paragraph (c) and removing paragraph (c)(7) to read as follows:

            9.105-1
            Obtaining information.

            (c) In making the determination of responsibility (see 9.104-1(c)), the contracting officer shall consider relevant past performance information (see Subpart 42.15). In addition to the Governmentwide performance information repository, Past Performance Information Retrieval System (PPIRS) (at http://www.ppirs.gov), the contracting officer should use the following sources of information to support such determinations:

          PART 13—SIMPLIFIED ACQUISITION PROCEDURES
          4. Amend section 13.106-2 by revising paragraph (b)(3)(ii) to read as follows:

            13.106-2
            Evaluation of quotations or offers.

            (b) * * *
            (3) * * *
            (ii) May be based on—
            (A) The contracting officer's knowledge of and previous experience with the supply or service being acquired;
            (B) Customer surveys, and past performance questionnaire replies;

            (C) The Governmentwide Past Performance Information Retrieval System (PPIRS) at http://www.ppirs.gov; or
            (D) Any other reasonable basis.

          PART 17—SPECIAL CONTRACTING METHODS
          5. Amend section 17.207 by:
          a. Removing “and” from the end of paragraph (c)(3);
          b. Removing from paragraph (c)(4) the “.” and adding “; and” in its place; and
          c. Adding paragraph (c)(5) to read as follows.

            17.207
            Exercise of options.

            (c) * * *
            (5) The contractor is not listed on the Excluded Parties List System (EPLS) (see FAR 9.405-1).

          PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
          6. Revise section 36.201 to read as follows:

            36.201
            Evaluation of contractor performance.
            See 42.1502(e) for the requirements for preparing past performance evaluations for construction contracts.
            7. Revise section 36.604 to read as follows:

            36.604
            Performance evaluation.
            See 42.1502(f) for the requirements for preparing past performance evaluations for architect-engineer contracts.

            36.701
            [Amended]
            8. Amend section 36.701 by removing paragraph (d).

            36.702
            [Amended]
            9. Amend section 36.702 by removing paragraph (c).

          PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES
          10. Revise section 42.1502 to read as follows:

            42.1502
            Policy.
            (a) Past performance evaluations should be as specified in paragraphs (b) through (g) of this section at the time the work under the contract or order is completed. In addition, interim evaluations should be prepared as specified by the agencies to provide current information for source selection purposes, for contracts or orders with a period of performance, including options, exceeding one year. These evaluations are generally for the entity, division, or unit that performed the contract or order. The content of the evaluations should be tailored to the size, content, and complexity of the contractual requirements.
            (b) Except as provided in paragraphs (e), (f), and (h) of this section, agencies shall prepare an evaluation of contractor performance for each contract that exceeds the simplified acquisition threshold.
            (c) Agencies shall prepare an evaluation of contractor performance for each order that exceeds the simplified acquisition threshold placed against a Federal Supply Schedule contract, or under a task order contract or a delivery order contract awarded by another agency (i.e., Governmentwide acquisition contract or multi-agency contract).
            (d) For single-agency task order and delivery order contracts, the contracting officer may require performance evaluations for each order in excess of the simplified acquisition threshold when such evaluations would produce more useful past performance information for source selection officials than that contained in the overall contract evaluation (e.g., when the scope of the basic contract is very broad and the nature of individual orders could be significantly different).
            (e) Past performance evaluations shall be prepared for each construction contract of $550,000 or more, and for each construction contract terminated for default regardless of contract value. Past performance evaluations may also be prepared for construction contracts below $550,000.
            (f) Past performance evaluations shall be prepared for each architect-engineer services contract of $30,000 or more, and for each architect-engineer services contract that is terminated for default regardless of contract value. Past performance evaluations may also be prepared for architect-engineer services contracts below $30,000.
            (g) Past Performance evaluations shall include an assessment of contractor performance against, and efforts to achieve, the goals identified in the small business subcontracting plan when the contract includes the clause at 52.219-9, Small Business Subcontracting Plan.
            (h) Agencies shall not evaluate performance for contracts awarded under Subpart 8.7.
            11. Amend section 42.1503 by revising paragraphs (a), (c), (d) and (e) to read as follows:

            42.1503
            Procedures.

            (a) Agency procedures for the past performance evaluation system shall generally provide for input to the evaluations from the technical office, contracting office and, where appropriate, end users of the product or service. These procedures shall identify the individual responsible for preparing interim and final evaluation. This designated individual may obtain information for the evaluation of performance from the program office, administrative contracting office, end users of the product or service, and any other technical or business advisor, as appropriate. Interim evaluations shall be prepared as required.

            (c) Agencies shall submit past performance reports electronically to the Past Performance Information Retrieval System (PPIRS) at http://www.ppirs.gov in accordance with agency procedures.
            (d) Any past performance information systems used for maintaining contractor performance information and/or evaluations should include appropriate management and technical controls to ensure that only authorized personnel have access to the data.
            (e) For source selection purposes, agencies shall use the past performance information in PPIRS within three years (six for construction and architect-engineer contracts) of the completion of performance of the evaluated contract or order.

          PART 53—FORMS

            53.236-1
            [Amended]
            12. Amend section 53.236-1 by removing paragraphs (a) through (c) and redesignating existing paragraphs (d) through (f) as new paragraphs (a) through (c), respectively.

            53.236-2
            [Amended]
            13. Amend section 53.236-2 by removing paragraph (c).

            53.301-1420 and 53.301-1421
            [Removed]
            14. Remove sections 53.301-1420 and 53.301-1421.

      [FR Doc. E8-6795 Filed 4-1-08; 8:45 am]
      BILLING CODE 6820-EP-P


        ENVIRONMENTAL PROTECTION AGENCY
        40 CFR Part 52
        [EPA-R10-OAR-2019-0640, FRL-10004-29-Region 10]
        Air Plan Approval; OR; Emission Standard Definition Rule Revision

          AGENCY:
          Environmental Protection Agency (EPA).

          ACTION:
          Proposed rule.

          SUMMARY:
          The Environmental Protection Agency (EPA) proposes to approve a revision to the Oregon State Implementation Plan (SIP) submitted on September 5, 2019. The submission revises the SIP to incorporate by reference a more recent update to the emission standards for specific industries by defining the specific Code of Federal Regulations (CFR) edition referenced throughout the revised rule. The EPA is also proposing to make non-substantive revisions to the SIP to correct typographical errors. The EPA reviewed the submitted revision and proposes to find it consistent with Clean Air Act (CAA) requirements.

          DATES:
          Comments must be received on or before March 9, 2020.

          ADDRESSES:

          Submit your comments, identified by Docket ID No. EPA-R10-OAR-2019-0640, at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not electronically submit any information you consider to be Confidential Business Information (CBI) or other information the disclosure of which is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

          FOR FURTHER INFORMATION CONTACT:

          Christi Duboiski, EPA Region 10, 1200 Sixth Avenue—Suite 155, Seattle, WA 98101, at (360) 753-9081, or duboiski.christi@epa.gov.

        SUPPLEMENTARY INFORMATION:
        Throughout this document, wherever “we,” “us,” or “our” is used, it means the EPA.
        I. Background
        Each state has a State Implementation Plan (SIP) containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS) established by the Environmental Protection Agency (EPA) for the criteria pollutants (carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, sulfur dioxide). The SIP contains such elements as air pollution control regulations, emission inventories, attainment demonstrations, and enforcement mechanisms. Section 110 of the Clean Air Act (CAA) requires each state to periodically revise its SIP. As a result, the SIP is a living compilation of regulatory and non-regulatory elements that are updated to address Federal requirements and changing air quality issues in the state.

        Air quality regulations for the State of Oregon (“Oregon” or “the State”) are found in Chapter 340 of the Oregon Administrative Rules (OAR) and are generally implemented by the Oregon Department of Environmental Quality (ODEQ). On July 18, 2019, the State adopted new and revised air quality regulations that became effective July 19, 2019. Most of the adopted regulations implement Oregon's air quality regulations concerning municipal solid waste landfills established in OAR Chapter 340, Division 236. One of the regulations adopted in the State rulemaking package (OAR 340-236-0010 Definitions) made changes to the Federally approved rules in the Oregon SIP.
        II. Evaluation of Submission
        A. Division 236: Emission Standards for Specific Industries

        Division 236 contains emission standards for specific industries and the definitions that apply to this division. On September 5, 2019, Oregon submitted to the EPA OAR 340-236-0010 Definitions as a rule amendment related to the adopted new landfill emission rules. Specifically OAR 340-236-0010(1) was added to clarify the definitions used in Division 236 by defining the specific Code of Federal Regulations (CFR) edition (July 1, 2018) referenced throughout the Division. This definition incorporates the specific CFR containing the EPA's most recent changes to the NSPS for municipal solid waste landfills and the emissions guidelines for existing landfills codified in 40 CFR part 60 (August 29, 2016, 81 FR 59276 and 81 FR 59332). In addition, we note the change renumbers the definitions section of Division 236.
        The remainder of the State's revision has limited impact on the Federally-approved Oregon SIP because the revision primarily relates to municipal solid waste landfill emissions guidelines, which are not part of the Federally-approved SIP under CAA section 110 and were not submitted to the EPA for approval. Rather, the municipal solid waste landfill guidelines are related to section 111(d) of the CAA. For more details, please see the September 5, 2019 submission in the docket for this action.
        We reviewed the submitted change to OAR 340-236-0010 Definitions and propose to approve and incorporate it by reference into the Oregon SIP.
        III. Corrections to Typographical Errors

        The EPA is proposing to correct minor typographical errors to provisions previously approved into the Oregon SIP. Specifically, we are correcting several undesignated center headings and a table heading in 40 CFR 52.1970(c) to accurately reflect the title of the State provisions. In addition, we are correcting entry OAR 340-256-0330 in section 52.1970(c) to reflect the correct EPA approval date. We are also correcting a footnote in section 52.1970(c) table 4, approved in our October 31, 2019 action, to cite to the correct table (84 FR 58327). We note in section 52.1970(e), table 2, entry 011-0010, the state effective date and approval date are corrected; as well as the EPA approval date for the Motor Vehicle Inspection and Maintenance entry in table 5, section 5; and the EPA approval date for the entry of the PM10 Attainment Plan, La Grande.
        IV. Proposed Action

        The EPA proposes to approve, and incorporate by reference into the Oregon SIP, the submitted change to the following section of the OAR Chapter 340, Division 236 Emission Standards for Specific Industries, Section 0010 Definitions, State effective July 19, 2019. The EPA also proposes to approve the corrected typographical errors as a “housekeeping” exercise and proposes that these changes be accurately reflected in 40 CFR part 52, subpart MM for the State of Oregon.
        V. Incorporation by Reference

        In this document, the EPA is proposing to include in a final rule, regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the provisions described in Section IV of this preamble. The EPA has made, and will continue to make, these documents generally available through www.regulations.gov and in hard copy at the EPA Region X Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information).
        VI. Statutory and Executive Order Reviews
        Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided they meet the criteria of the CAA. Accordingly, this proposed action merely approves State law as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. For that reason, this proposed action:
        • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
        • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866;

        • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

        • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
        • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
        • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
        • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
        • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

        • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because it does not involve technical standards; and

        • Does not provide the EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).
        The proposed SIP would not be approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law.

          List of Subjects in 40 CFR Part 52
          Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

          Authority:
          42 U.S.C. 7401 et seq.

          Dated: January 6, 2020.
          Chris Hladick,
          Regional Administrator, Region 10.

      [FR Doc. 2020-00779 Filed 2-6-20; 8:45 am]
      BILLING CODE 6560-50-P