DATE: July 31, 2001

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

SOURCE: Federal Register, July 31, 2001, Vol. 66, No. 147, page 39456

AGENCIES: Environmental Protection Agency (EPA)

ACTION: Final Rule

SYNOPSIS: EPA is adopting as final without change the interim rule that amended 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.

For more on the interim rule, see the March 1, 2001, FEDERAL CONTRACTS DISPATCH "Environmental Protection Agency Acquisition Regulation (EPAAR); Notice to Proceed Letter Contract."

DATES: The final rule is effective July 31, 2001.

FOR FURTHER INFORMATION CONTACT: Larry Wyborski, U.S. Environmental Protection Agency, Office of Acquisition Management, Mail Code 3802R, 1200 Pennsylvania Avenue, NW, Ariel Rios Building, Washington, DC 20460; 202-564-4369.

SUPPLEMENTAL INFORMATION: On March 1, 2001, EPA published an interim rule amending 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 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). The one response to the interim rule was a question about whether contractors with a conflict of interest would be prohibited from performing under a Notice to Proceed (the answer is "yes"). Based on the response, EPA has decided to finalize the interim rule without changes.

The final 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.

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