DATE: March 14, 2002

SUBJECT: Environmental Protection Agency Acquisition Regulation (EPAAR); Administrative Changes and Technical Amendments

SOURCE: Federal Register, March 14, 2002, Vol. 67, No. 50, page 11439

AGENCIES: Environmental Protection Agency (EPA)

ACTION: Direct Final Rule

SYNOPSIS: EPA is amending the EPAAR to eliminate EPAAR 1515.308-71, Documentation of Source Selection, and EPAAR 1533.212, Contracting Officer's Duties Upon Appeal, to streamline EPA's contracting process. In addition, technical amendments are being made to EPAAR 1552.219-71, Procedures for Participation in the Mentor-Protege Program, to bring it into compliance with statutory language.

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.

This rule is being published as a "direct final rule," which EPA reserves for rules it believes are noncontroversial. EPA believes this rule is noncontroversial because it is merely revises internal procedures, so adverse comments are not expected. However, if EPA receives any adverse comments, it will withdraw the rule and publish a notice in the Federal Register that the rule will not take effect.

DATES: The direct final rule will take effect June 12, 2002, without further notice unless EPA receives adverse comments by April 15, 2002.

ADDRESSES: Submit comments on the direct final rule to Larry Wyborski, U.S. Environmental Protection Agency, Office of Acquisition Management (3802R), 1200 Pennsylvania Avenue, NW, Washington, DC 20004, or by e-mail to: wyborski.larry@epamail.epa.gov.

FOR FURTHER INFORMATION CONTACT: Larry Wyborski, U.S. Environmental Protection Agency, Office of Acquisition Management, 202-564-4369.

SUPPLEMENTAL INFORMATION: EPA's Office of Acquisition Management established a Procurement Guidance Work Group to assess EPA's acquisition policies and recommend changes where appropriate. Among the work group's recommendations were two changes to the EPAAR to eliminate requirements, which this rule will implement:

In addition, EPAAR 1552.219-71 is being amended to bring it into compliance with statutory language. EPAAR 1552.219-71 currently restricts proteges to small disadvantaged businesses (SDBs), but Public Law 102-389 (EPA's 1993 Appropriations Act) did not state that only SDBs could be proteges, but that proteges have to be "concerns owned and/or controlled by socially and economically disadvantaged individuals." Therefore, EPAAR 1552.219-71 is changed accordingly. (EDITOR'S NOTE: Public Law 102-389 states that women are socially and economically disadvantaged individuals. Both the current language and the language in the direct final rule state "socially disadvantaged individuals shall be deemed to include women.")

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

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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