DATE: March 1, 2001

SUBJECT: Environmental Protection Agency Acquisition Regulation (EPAAR); Notice to Proceed Letter Contract

SOURCE: Federal Register, March 1, 2001, Vol. 66, No. 41, page 12897

AGENCIES: Environmental Protection Agency (EPA)

ACTION: Interim Rule

SYNOPSIS: EPA is amending the EPAAR to authorize the use, in certain circumstances and under certain conditions, of a letter contract known as a Notice to Proceed (NTP) to carry out emergency response actions.

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 interim rule is effective March 1, 2001. Comments on the interim rule must be received on or before April 30, 2001.

ADDRESSES: Submit comments to Larry Wyborski, U.S. Environmental Protection Agency, Office of Acquisition Management, Mail Code 3802R, 1200 Pennsylvania Ave, NW, Ariel Rios Building, Washington, DC 20460. Commenters may submit comments and data on computer disks in WordPerfect format or ASCII file format, or by e-mail in an ASCII file to Wyborski.Larry@epamail.epa.gov.

FOR FURTHER INFORMATION CONTACT: Larry Wyborski, 202-564-4369.

SUPPLEMENTAL INFORMATION: This interim rule amends EPAAR Subpart 1516.6, Time-and-Materials, Labor-Hour, and Letter Contracts, to authorize contracting officers and authorized EPA on-scene coordinator with a delegation of procurement authority to use a type of letter contract as a "Notice to Proceed." The Notice to Proceed is to be used to undertake certain emergency response actions as authorized under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) Sections 104(a)(1) and (h) (42 U.S.C. 9604(a)(1) and (h)), Sections 311(c)(2) and (e)(1)(B) of the Clean Water Act (33 U.S.C. 1321(c)(2) and (e)(1)(B)), and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) (40 CFR Part 300).

Under CERCLA Section 104 (a)(1) and the NCP, the EPA is authorized to respond to situations where (1) any hazardous substance has been released, or threatened to be released, into the environment, or (2) there is a release, or threatened to be released, into the environment of any pollutant or contaminant which may present an imminent and substantial danger to the public health or welfare. Similarly, Sections 311(c)(2) and (e)(1)(B) of the Clean Water Act authorizes the EPA to take certain actions if a discharge, or a substantial threat of a discharge of oil or a hazardous substance from a vessel, offshore facility, or onshore facility to navigable waters or adjoining shorelines is of such a nature as to be a substantial threat to the public health or welfare.

CERCLA Section 104(h) and Clean Water Act Sections 311(c)(2)(B) and (d) generally provide that procurement procedures may be developed to effectuate the purposes of these sections. Therefore, this interim rule identifies the circumstances and conditions under which an EPA contracting officer or a duly authorized EPA on-scene coordinator with a delegation of procurement authority may award an NTP to carry out the EPA's obligations under the CERCLA and the Clean Water Act. In addition, the NTP may be used, as authorized, for any actions that EPA may be directed to take by the Federal Emergency Management Agency under the authority of the Stafford Act (42 U.S.C. 5121, et seq).

This interim rule contains two new EPAAR sections: EPAAR 1516.603-1, What is a Notice to Proceed?, and EPAAR 1516.603-2, What are the requirements for use of an NTP?

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

Return to the Dispatches Library.

Return to the Main Page.