[Federal Register: December 27, 1999 (Volume 64, Number 247)]
[Rules and Regulations]
[Page 72415-72416]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de99-23]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 12, 23, and 52
[FAC 97-15; FAR Case 97-033; Item I]
RIN 9000-AI19
Federal Acquisition Regulation; Pollution Control and Clean Air
and Water
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
that amends the Federal Acquisition Regulation (FAR) to eliminate the
burden on offerors to certify that they do not propose to use a
facility for the performance of the contract that is ineligible for
award because it is on the Environmental Protection Agency's (EPA)
``List of Violating Facilities.'' Contracting officers will use the GSA
List of Parties Excluded from Federal Procurement and Nonprocurement
Programs (GSA List) to ensure that they do not award contracts to
ineligible offerors. This change represents no change to the
longstanding policy that a contracting officer must not award a
contract if performance of the contract would be at a facility that has
not corrected the cause that gave rise to a criminal conviction under
the Clean Air Act or Clean Water Act.
DATES: Effective Date: February 25, 2000.
Applicability Date: The FAR, as amended by this rule, is applicable
to solicitations issued on or after February 25, 2000.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Paul Linfield, Procurement Analyst, at (202) 501-
1757. Please cite FAC 97-15, FAR case 97-033.
SUPPLEMENTARY INFORMATION:
A. Background
Section 306 of the Clean Air Act (CAA) (42 U.S.C. 7606) and Section
508 of the Clean Water Act (CWA) (33 U.S.C. 1368) prohibit award of a
Federal contract to any person who has been convicted of various
violations under the Acts if the convicted person owns, leases, or
supervises the facility at which the violations(s) occurred; and any
part of the contract will be performed at the violating facility. This
ineligibility begins the moment a judgment of conviction is entered.
The statutes provide that the ineligibility for contract award remains
in effect until the Administrator of the Environmental Protection
Agency (EPA) certifies that the conditions giving rise to the
conviction have been corrected. Excluded parties whose ineligibility is
limited by reason of a CAA or CWA conviction are identified by the
facility and conviction listing, the Cause and Treatment Code ``H''
annotation, in the GSA List. Internet access to the GSA List is
available at ``http://epls.arnet.gov/''.
The Councils published a proposed rule in the Federal Register at
64 FR 26264, May 13, 1999, that explained how the removal of FAR
Subpart 23.1, FAR 52.223-1, and FAR 52.223-2 would not have a
detrimental effect on the Government's environmental policy or its
ability to enforce CAA and CWA requirements that apply to efforts
performed under Federal contracts. Four respondents submitted comments
concurring with the proposed rule. The Councils have agreed to convert
the proposed rule to a final rule without change.
This rule was not subject to Office of Management and Budget review
under Section 6(b) of Executive Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
[[Page 72416]]
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because generally less than 50
facilities a year are ineligible for contract award as a result of
convictions for violations of the CAA or CWA.
C. Paperwork Reduction Act
The Paperwork Reduction Act applies because these changes remove an
information collection requirement approved under OMB Control Number
9000-0021. The paperwork to remove the collection from the FAR
inventory will be submitted to OMB.
List of Subjects in 48 CFR Parts 1, 12, 23, and 52
Government procurement.
Dated: December 20, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 12, 23, and 52
as set forth below:
1. The authority citation for 48 CFR parts 1, 12, 23, and 52
continues to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
2. In section 1.106, amend the introductory text by removing the
word ``ten'' and adding ``10''; and in the table following the
introductory paragraph remove FAR segment ``52.223-1'' and its
corresponding OMB Control Number, ``9000-0021''.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
3. In section 12.503, revise the introductory text of paragraph
(b); remove paragraph (b)(1); redesignate paragraphs (b)(2) and (b)(3)
as (b)(1) and (b)(2), respectively; remove paragraph (b)(4); and
redesignate paragraph (b)(5) as (b)(3). The revised text reads as
follows:
12.503 Applicability of certain laws to executive agency contracts for
the acquisition of commercial items.
* * * * *
(b) Certain requirements of the following laws are not applicable
to executive agency contracts for the acquisition of commercial items:
* * * * *
4. Revise paragraph (b) in section 12.504 to read as follows:
12.504 Applicability of certain laws to subcontracts for the
acquisition of commercial items.
* * * * *
(b) The requirements for a certificate and clause under the
Contract Work Hours and Safety Standards Act, 40 U.S.C. 327, et seq.,
(see Subpart 22.3) are not applicable to subcontracts at any tier for
the acquisition of commercial items or commercial components.
* * * * *
PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE
23.1 [Removed and Reserved]
5. Subpart 23.1 is removed and reserved.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.223-1 and 52.223-2 [Reserved]
6. Sections 52.223-1 and 52.223-2 are removed and reserved.
[FR Doc. 99-33430 Filed 12-23-99; 8:45 am]
BILLING CODE 6820-EP-P