

[Federal Register: March 13, 2006 (Volume 71, Number 48)]
[Proposed Rules]               
[Page 12660-12661]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr06-14]                         

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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1532 and 1552

[FRL-8044-3]

 
EPAAR Prescription and Clause--Simplified Acquisition Procedures 
Financing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to revise the EPA Acquisition Regulation 
(EPAAR) Subparts 1532 and 1552 to implement a procedure for simplified 
acquisition procedures financing. This proposed EPAAR revision will add 
a prescription and clause for contracting officers to use when 
approving advance or interim payments on simplified acquisitions. The 
proposed prescription and clause apply to commercial item orders at or 
below the simplified acquisition threshold. This action revises the 
EPAAR, but does not impose any new requirements on Agency contractors. 
The procedure will allow contractors to invoice for advance and interim 
payments in accordance with standard commercial practices when 
authorized by the contracting officer and identified in the clause 
payment schedule.

DATES: Interested parties should submit comments in writing on or 
before May 12, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. OARM-2006-
0126, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 

EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the on-line instructions for 
submitting comments.
     E-mail: oei.docket@epa.gov.
     Surface Mail: EPA Docket Center, Environmental Protection 
Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460. Attention Docket ID No. OARM-2006-0126.
    Instructions: Direct your comments to Docket ID No. EPA's policy is 
that all comments received will be included in the public docket 
without change and may be made available online at http://www.epa.gov/edocket
, including any personal information provided, unless the 

comment includes information claimed to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Do not submit information that you consider to be CBI or 
otherwise protected through EDOCKET, regulations.gov, or e-mail. The 
EPA EDOCKET and the federal regulations.gov Web sites are ``anonymous 
access'' systems, which means EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send an e-mail comment directly to EPA without going through 
EDOCKET or regulations.gov, your e-mail address will be automatically 
captured and included as part of the comment that is placed in the 
public docket and made available on the Internet. If you submit an 
electronic comment, EPA recommends that you include your name and other 
contact information in the body of your comment and with any disk or 
CD-ROM you submit. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment. Electronic files should avoid the use of 
special characters, any form of encryption, and be free of any defects 
or viruses. For additional information about EPA's public docket visit 
EDOCKET on-line or see the Federal Register of May 31, 2002 (67 FR 
38102).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 

information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the OEI Docket, EPA/DC, EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday,

[[Page 12661]]

excluding legal holidays. The telephone number for the Public Reading 
Room is (202) 566-1744, and the telephone number for the OEI Docket is 
(202) 566-1752).

FOR FURTHER INFORMATION CONTACT: Tiffany Schermerhorn, Policy, Training 
and Oversight Division, Office of Acquisition Management, Mail Code 
3802R, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; e-mail address: schermerhorn.tiffany@epa.gov, 
telephone (202) 564-9902.

SUPPLEMENTARY INFORMATION:

I. General Information

    The proposed EPAAR additions are necessary so that contracting 
officers may provide simplified acquisition procedures financing that 
is appropriate or customary in the commercial marketplace when 
purchasing commercial items at or below the simplified acquisition 
threshold. It does not impose any new requirements regarding submission 
of invoices or vouchers since Agency contractors currently submit 
invoices or vouchers for payment of orders. The EPAAR changes are 
consistent with the Federal Acquisition Regulation.

II. Statutory and Executive Order Reviews

A. Executive Order 12866

    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This rule does not impose any new information collection or other 
requirements on Agency contractors.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will not impose any new requirements on small entities.

List of Subjects in 48 CFR Parts 1532 and 1552

    Government procurement.

    Dated: February 15, 2006.
Judy S. Davis,
Director, Office of Acquisition Management.

    For the reasons set forth in the Preamble, Chapter 15 of Title 48 
Code of Federal Regulations, parts 1532 and 1552 are proposed to be 
amended as follows:
    1. The authority citation for 48 CFR parts 1532 and 1552 continues 
to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390 as amended, 40 U.S.C. 
486(c).

PART 1532--CONTRACT FINANCING

    2. Add section 1532.003 to read as follows.


1532.003  Simplified acquisition procedures financing.

    (a) Scope. This subpart provides for authorization of advance and 
interim payments on commercial item orders not exceeding the simplified 
acquisition threshold. Advance payments are payments that are made 
prior to performance. Interim payments are payments that are made 
during the order period according to a payment schedule.
    (b) Procedures for micropurchases. Contracting officers may 
authorize advance and interim payments on orders for commercial items 
only at or below the micro-purchase threshold.
    (c) Procedures for purchases exceeding micropurchase threshold. 
Contracting officers must secure approval at one level above the 
contracting officer, on a case-by-case basis, for advance and interim 
payments on orders for commercial items exceeding the micropurchase 
threshold and not exceeding the simplified acquisition threshold. The 
contracting officer shall submit a recommendation for approval of 
financing terms, along with the supporting rationale for the action, to 
one level above the contracting officer. Simplified acquisition 
contracting officers (SACO) shall forward recommendations through their 
OAM Advisors to one level above the contracting officer.
    (d) Supporting rationale. Regardless of dollar value, the 
contracting officer shall document the file with supporting rationale 
demonstrating that the purchase meets the conditions of FAR 32.202-
1(b)(1), (3) and (4).
    (e) Administration. Regardless of dollar value, the contracting 
officer is responsible for ensuring that supplies or services have been 
delivered. The contracting officer shall document the file with 
evidence of receipt of supplies or services throughout the order period 
as appropriate to the acquisition.
    (f) Clause. The contracting officer shall insert the clause at 
1552.232-74, Payments--Simplified Acquisition Procedures Financing, in 
solicitations and orders that will provide simplified acquisition 
procedures financing.

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Add section 1552.232-74 to read as follows.


1552.232-74  Payments--Simplified Acquisition Procedures Financing.

    As prescribed in 1532.003, insert the following clause in 
solicitations and orders that will provide simplified acquisition 
procedures financing.

PAYMENTS--SIMPLIFIED ACQUISITION PROCEDURES FINANCING (XXX 2006)

    Simplified acquisition procedures financing in the form of ----
-------- [contracting officer insert advance (prior to performance) 
and/or interim (according to payment schedule] payment(s) will be 
provided under this commercial item order in accordance with the 
payment schedule below. If both advance and interim payments are to 
be made, the payment schedule shown below will specify the type of 
payment provided for each line item.
    The Government shall pay the contractor as follows upon the 
submission of invoices or vouchers approved by the project officer: 
----------------[insert payment schedule].

[FR Doc. E6-3518 Filed 3-10-06; 8:45 am]

BILLING CODE 6560-50-P
