DATE: October 3, 2000
FROM: Barry McVay, CPCM
SUBJECT: Environmental Protection Agency Acquisition Regulation (EPAAR); Administrative Amendments
SOURCE: Federal Register, October 3, 2000, Vol. 65, No. 192, page 58921
AGENCIES: Environmental Protection Agency (EPA)
ACTION: Interim Rule
SYNOPSIS: EPA is amending the EPAAR to add clauses which are repeatedly used in EPA solicitations but are not in the EPAAR.
EDITOR'S NOTE: The EPA Acquisition Regulation (EPAAR) is Chapter 15 of Title 48 of the Code of Federal Regulations. It is available on the Internet at http://www.epa.gov/oamrfp12/ptod/epaar.pdf.
DATES: The effective date is October 3, 2000. Comments on the interim rule must be submitted no later than December 4, 2000.
ADDRESSES: Submit comments to U.S. Environmental Protection Agency, Office of Acquisition Management (3802R), 1200 Pennsylvania Avenue, NW, Attention: Paul Schaffer, Mail Code (3802R), Washington, DC 20460. Comments will also be accepted on disks in WordPerfect or ASCII format, or by e-mail to: Schaffer.Paul@epa.gov.
FOR FURTHER INFORMATION CONTACT: Paul Schaffer, 202-564-4366.
SUPPLEMENTAL INFORMATION: This interim rule adds to the EPAAR various provisions and clauses which are used in EPA solicitations but have been subject to the formal rulemaking process and are not in the EPAAR. This interim rule incorporates the provisions and clauses into the EPAAR and solicits comments on the added provisions and clauses. However, EPA states in its introductory material that "EPA does not anticipate any adverse comments because...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."
The following are the provisions and clauses being added:
|EPAAR 1552.211-80||Data Standards for the Transmission of Laboratory Measurement Results|
|EPAAR 1552.215-75||Past Performance Information|
|EPAAR 1552.217-77||Option to Extend the Term of the Contract -- Fixed Price|
|EPAAR 1552.219-70||Mentor-Protege Program|
|EPAAR 1552.219-71||Procedures for Participation in the EPA Mentor-Protege Program|
|EPAAR 1552.219-72||Small Disadvantaged Business Participation Program|
|EPAAR 1552.219-73||Small Disadvantaged Business Targets|
|EPAAR 1552.219-74||Small Disadvantaged Business Participation Evaluation Factor|
|EPAAR 1552.223-72||Care of Laboratory Animals|
|EPAAR 1552.228-70||Insurance Liability to Third Persons|
|EPAAR 1552.235-80||Access to Confidential Business Information|
|EPAAR 1552.239-70||Rehabilitation Act Notice|
|EPAAR 1552.242-72||Financial Administrative Contracting Officer|
|EPAAR 1552.245-73||Government Property|
Also, the prescriptions for these provisions and clauses are added in the appropriate EPAAR parts.
In addition, the following two clauses are revised:
EDITOR'S NOTE: Though EPA says in this interim rule that it "has undertaken an extensive review of its procurement regulations" and has "remove(d) from the EPAAR unnecessary coverage that duplicates existing Federal Acquisition Regulation (FAR) coverage." However, the following provision and clauses added to the EPAAR by this interim rule do not seem to add anything to the coverage currently in the FAR:
|EPAAR 1552.217-77||Option to Extend the Term of the Contract -- Fixed Price (compare to FAR 52.217-9, Option to Extend the Term of the Contract)|
|EPAAR 1552.219-73||Small Disadvantaged Business -- Targets (compare to FAR 52.219-24, Small Disadvantaged Business Participation Program -- Targets)|
|EPAAR 1552.228-70||Insurance Liability to Third Persons (compare to FAR 52.228-7, Insurance -- Liability to Third Persons)|
Seems EPA's review could have been a bit more "extensive."
FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.
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