[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Proposed Rules]
[Pages 54986-54987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23187]
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DEPARTMENT OF AGRICULTURE
Office of Procurement and Property Management
48 CFR Part 442
[AGAR Case 99-02]
RIN 0599-AA09
Agriculture Acquisition Regulation; Designation and Mandatory
Use of Contractor Performance System
AGENCY: Office of Procurement and Property Management, USDA.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document invites written comments on a proposed amendment
to the Department of Agriculture's (USDA) Agriculture Acquisition
Regulation (AGAR). USDA proposes to amend the AGAR to establish the
National Institutes of Health (NIH) Contractor Performance System as
the single USDA-wide automated performance evaluation system.
Regulations are being revised to identify that system and specify its
mandatory use.
DATES: Comments are requested no later than November 13, 2000.
ADDRESSES: Submit written comments concerning this proposed rule to
Patrice K. Honda, U.S. Department of Agriculture, Office of
Procurement, Property and Emergency Preparedness, Procurement Policy
Division, Stop 9303, 1400 Independence Avenue SW, Washington, DC 20250-
9303. Submit electronic comments via electronic mail to:
[email protected]. Submit comments via facsimile to: (202) 720-8972.
See Supplementary Information section for detailed information about
filing of comments.
FOR FURTHER INFORMATION CONTACT: Patrice K. Honda, (202) 720-8924.
SUPPLEMENTARY INFORMATION:
I. Background
II. Procedural Requirements
A. Executive Order Nos. 12866 and 12988
B. Regulatory Flexibility Act
C. Paperwork Reduction Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13084: Consultation and Coordination With
Indian Tribal Governments
I. Background
The AGAR implements the Federal Acquisition Regulation (FAR) (48
CFR chapter 1) where further implementation is needed, and supplements
the FAR where coverage is needed for subject matter not covered by the
FAR. AGAR section 442.1502 currently provides that the heads of the
contracting activities are responsible for establishing past
performance evaluation procedures and systems as required by FAR
sections 42.1502 and 42.1503. USDA has identified a single automated
performance evaluation system (the NIH Contractor Performance System)
to be used USDA-wide and proposes to modify AGAR section 442.1502 to
identify that system and specify its mandatory use by all USDA
contracting activities. Information about the NIH Contractor
Performance System is available on the internet at http://ocm.od.nih.gov/cdmp/cps.htm.
II. Procedural Requirements
A. Executive Order Nos. 12866 and 12988
USDA prepared a work plan for this regulation and submitted it to
the Office of Management and Budget (OMB) pursuant to Executive Order
No. 12866. OMB determined that the rule was not significant for the
purposes of Executive Order No. 12866. Therefore, the rule has not been
reviewed by OMB. USDA has reviewed this rule in accordance with
Executive Order No. 12988, Civil Justice Reform. The proposed rule
meets the applicable standards in section 3 of Executive Order No.
12988.
B. Regulatory Flexibility Act
USDA reviewed this rule under the Regulatory Flexibility Act, 5
U.S.C. 601-611, which requires preparation of a regulatory flexibility
analysis for any rule which is likely to have significant economic
impact on a substantial number of small entities. USDA certifies that
this rule will not have a significant economic effect on a substantial
number of small entities, and, therefore, no regulatory flexibility
analysis has been prepared. However, comments from small entities
concerning parts affected by the proposed rule will be considered. Such
comments must be submitted separately and cite 5 U.S.C. 609 (AGAR Case
99-02) in correspondence.
C. Paperwork Reduction Act
No information collection or recordkeeping requirements are imposed
on the public by this rule. Accordingly no OMB clearance is required by
section 350(h) of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq.,
or OMB's implementing regulation at 5 CFR Part 1320.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.
L. No. 104-4, establishes requirements for Federal agencies to assess
the effects of their regulatory actions on State, local, and tribal
governments and the private sector. USDA has determined that the
proposed rule, if promulgated, would not contain a Federal mandate.
USDA has also determined that the proposed rule, if promulgated, would
not significantly or uniquely affect small governments. Accordingly,
the proposed rule is not subject to the requirements of Title II of
UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 4325, August
10, 1999), imposes requirements on USDA in the development of
regulatory policies that have federalism implications. ``Policies that
have federalism implications'' is defined in the Executive Order to
include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.''
USDA has determined that this proposed rule does not have
federalism implications. It will not have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
The rule will not impose substantial costs on States and localities.
Accordingly, this proposed rule is not subject to the requirements of
Executive Order 13132.
F. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, entitled, ``Consultation and
Coordination with Indian Tribal Governments'' (63 FR 27655, May 14,
1998), USDA may not issue a regulation that is not required by statute
if that regulation significantly or uniquely affects the communities of
Indian Tribal governments, and if it imposes substantial direct
compliance costs on those communities, unless the Federal government
provides the funds necessary to pay the costs of compliance incurred by
the tribal governments or USDA consults with those tribal governments.
USDA has determined
[[Page 54987]]
that this proposed rule does not significantly or uniquely affect the
communities of Indian Tribal governments and, therefore, the
requirements of Executive Order 13084 do not apply to this proposed
rule.
List of Subjects in 48 CFR Part 442
Acquisition regulations, Government contracts, Government
procurement, Procurement.
For the reasons set out in the preamble, the Office of Procurement
and Property Management proposes to amend 48 CFR Part 442 as set forth
below:
PART 442--CONTRACT ADMINISTRATION
1. The authority citation for part 442 continues to read as
follows:
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
2. Revise section 442.1502 to read as follows:
442.1502 Policy.
The Contractor Performance System (CPS), developed by the National
Institutes of Health, is designated as the single USDA-wide system for
maintaining contractor performance/evaluation information. Use of the
CPS is mandatory. As a minimum, the CPS shall be accessed for
contractor past performance information as part of proposal evaluation
in accordance with FAR 15.3, and information resulting from the
evaluation of contractor performance in accordance with FAR 42.15 shall
be entered into and maintained in this system. The CPS is a part of the
USDA Acquisition Toolkit which can be accessed from the USDA
Procurement Homepage at http://www.usda.gov/da/procure.html.
Done at Washington, D.C., this 5th day of September, 2000.
W.R. Ashworth,
Director, Office of Procurement and Property Management.
[FR Doc. 00-23187 Filed 9-11-00; 8:45 am]
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