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Barry McVay's FEDERAL CONTRACTS DISPATCH

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 1552.208-70Printing
EPAAR 1552.211-80Data Standards for the Transmission of Laboratory Measurement Results
EPAAR 1552.215-75Past Performance Information
EPAAR 1552.217-77Option to Extend the Term of the Contract -- Fixed Price
EPAAR 1552.219-70Mentor-Protege Program
EPAAR 1552.219-71Procedures for Participation in the EPA Mentor-Protege Program
EPAAR 1552.219-72Small Disadvantaged Business Participation Program
EPAAR 1552.219-73Small Disadvantaged Business Targets
EPAAR 1552.219-74Small Disadvantaged Business Participation Evaluation Factor
EPAAR 1552.223-72Care of Laboratory Animals
EPAAR 1552.228-70Insurance Liability to Third Persons
EPAAR 1552.235-80Access to Confidential Business Information
EPAAR 1552.239-70Rehabilitation Act Notice
EPAAR 1552.242-72Financial Administrative Contracting Officer
EPAAR 1552.245-73Government 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 1552.217-77Option to Extend the Term of the Contract -- Fixed Price (compare to FAR 52.217-9, Option to Extend the Term of the Contract)
EPAAR 1552.219-73Small Disadvantaged Business -- Targets (compare to FAR 52.219-24, Small Disadvantaged Business Participation Program -- Targets)
EPAAR 1552.228-70Insurance 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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