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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: October 6, 2004

SUBJECT: Environmental Protection Agency Acquisition Regulation (EPAAR); Withdrawal of Proposal on Background Checks for Contractors Performing Services On-Sites

SOURCE: Federal Register, October 5, 2004, Vol. 69, No. 193, page 59843

AGENCIES: Environmental Protection Agency (EPA)

ACTION: Withdrawal of Proposed Rule

SYNOPSIS: EPA is withdrawing the proposed rule that would have added EPAAR 1552.211-81, Background Checks for EPA Contractors Performing Services On-Site, to require contractors and subcontractors to perform background checks and make suitability determinations for their employees who are performing services on or within federally-owned or leased space and facilities, commercial space primarily occupied by federal employees, and Superfund, Oil Pollution Act, and Stafford Act sites.

EDITOR'S NOTE: For more on the proposed rule being withdrawn, see the January 22, 2003, FEDERAL CONTRACTS DISPATCH "Environmental Protection Agency Acquisition Regulation (EPAAR); Background Checks for Contractors Performing Services On-Site."

FOR FURTHER INFORMATION CONTACT: Paul Schaffer, U.S. EPA, Office of Acquisition Management, Mail Code (3802R), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460; 202-564-4366; fax: 202-565-2475; e-mail: schaffer.paul@epa.gov.

SUPPLEMENTAL INFORMATION: In response to the events of September 11, 2001, EPA published a proposed rule that would have added EPAAR 1552.211-81, to require contractors (and subcontractors) to perform background checks and make suitability determinations for contractor (and subcontractor) employees performing services on or within federally-owned or leased space or facilities. However, the public comments objected not only to the proposed clause's broad application, but also to its key provisions. Therefore, EPA has decided to withdraw proposed EPAAR 1552.211-81, and instead plans to incorporate a narrowly tailored background check requirement in its emergency response contracts' statements of work. Currently, this category of contracts consists of Superfund Technical Assistance and Removal Team (START), Emergency and Rapid Response Services (ERRS), and Response Engineering and Analytical Contract (REAC). In the future, EPA may include this requirement in other types of contracts.

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

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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