Environmental Protection Agency Acquisition Regulation (EPAAR); Special Contracting Methods; Options; Contracts
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Issuing agencies
Abstract
The Environmental Protection Agency (EPA) is issuing a direct final rule to revise a requirement for contracting officers. The requirement updates special contracting methods, transferring the approval authority for certain contracting actions from the Service Center Manager (SCM) to the Head of the Contracting Activity (HCA). This change reflects an internal reorganization of EPA's contracting functions and aims to enhance efficiency and streamline decision-making within the Agency. Because this amendment only affects EPA contracting officers, we expect no adverse impact on the public and are proceeding with a direct final rule.
Full Text
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<title>Federal Register, Volume 90 Issue 181 (Monday, September 22, 2025)</title>
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[Federal Register Volume 90, Number 181 (Monday, September 22, 2025)]
[Rules and Regulations]
[Pages 45335-45337]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18287]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Part 1517
[EPA-HQ-OMS-2024-0148; FRL-12938-02-OMS]
Environmental Protection Agency Acquisition Regulation (EPAAR);
Special Contracting Methods; Options; Contracts
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is issuing a direct
final rule to revise a requirement for contracting officers. The
requirement updates special contracting methods, transferring the
approval authority for certain contracting actions from the Service
Center Manager (SCM) to the Head of the Contracting Activity (HCA).
This change reflects an internal reorganization of EPA's contracting
functions and aims to enhance efficiency and streamline decision-making
within the Agency. Because this amendment only affects EPA contracting
officers, we expect no adverse impact on the public and are proceeding
with a direct final rule.
DATES: This rule is effective December 2, 2025, without further notice
unless the EPA receives adverse comment by October 31, 2025, If the EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OMS-2024-0148; at http://
[[Page 45336]]
www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit: <a href="http://www.epa.gov/dockets/commenting-epa-dockets">http://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Joshua Gardner, Policy, Oversight,
Purchase Card, and Interagency Agreements Division, Policy Oversight
Branch, Environmental Protection Agency, 1200 Pennsylvania Ave., NW,
Washington, DC 20460; telephone number: 202-250-8739; email address:
<a href="/cdn-cgi/l/email-protection#0661677462686374286c69756e73674663766728616970"><span class="__cf_email__" data-cfemail="1a7d7b687e747f6834707569726f7b5a7f6a7b347d756c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The EPA is amending 1517.204 to update the
approval authority from the SCM to the HCA. This adjustment aligns with
internal EPA reorganization and reflects a clearer, more efficient
management of contracting processes. The change pertains exclusively to
EPA contracting officers and is not expected to affect the public or
external stakeholders.
Currently, 1517.204 designates the SCM as the approval authority
for certain contracting actions. The proposed change shifts this
authority to the HCA, in line with EPA's revised contracting structure,
ensuring that more centralized oversight and decision-making occur at
the appropriate level of the Agency. This update will improve
operational efficiency, streamline procurement processes, and enhance
accountability within the Agency's contracting functions.
I. Why is the EPA using a direct final rule?
The EPA is publishing this rule without a prior proposed rulemaking
because we view this as a noncontroversial action and anticipate no
adverse comment. This rule is a minor administrative update that
affects only the internal approval processes for EPA contracting
officers. It does not impose new requirements or have a significant
economic impact on entities outside the EPA. Therefore, we do not
expect any substantial costs or regulatory burdens as a result of this
action. If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. Any parties interested in commenting must do so
at this time. For further information about commenting on this rule,
see the ADDRESSES section of this document.
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is exempt from review by the Office of Management and
Budget (OMB) because it is a rule limited to internal Agency management
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
C. 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.
Burden is defined at 5 CFR 1320.3(b).
D. Regulatory Flexibility Act (RFA), as amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities. This action
is revising an existing EPAAR section that will not have a significant
economic impact on a substantial number of small entities. We have
therefore concluded that this action will have no net regulatory burden
for all directly regulated small entities.
E. Unfunded Mandates Reform Act
This action does not contain an unfunded mandate of $100 million
(adjusted annually for inflation) or more (in 1995 dollars) as
described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or
uniquely affect small governments. The action imposes no enforceable
duty on any state, local or tribal governments or the private sector.
F. Executive Order: Federalism
This 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.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This rule does not have tribal implications as specified in
Executive Order 13175. This rule applies to Federal contracting
officers at the EPA and does not require consultation or coordination
with Indian tribal governments. Thus, Executive Order 13175 does not
apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This rule is not subject to E.O. 13045 because it is not an
economically significant rule as defined by Executive Order 12866, and
because it does not involve decisions on environment health or safety
risks.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Orders 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This rule does not involve technical standards.
K. Congressional Review Act
This rule is exempt from the CRA because it is a rule of agency
organization, procedure or practice that does not substantially affect
the rights or obligations of non-agency parties.
List of Subjects in 48 CFR Part 1517
Environmental protection, Government procurement.
Pamela Legare,
Director, Office of Acquisition Solutions (OAS).
For the reasons stated in the preamble, 48 CFR part 1517 is amended
as set forth below:
[[Page 45337]]
PART 1517--SPECIAL CONTRACTING METHODS
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1. The authority citation for part 1517 continues to read as follows:
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c); and 41 U.S.C. 418b.
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2. Revise Sec. 1517.204 to read as follows:
Sec. 1517.204 Contracts.
The Agency head of the contracting activity (HCA) may approve a
proposed contract with a base period and option periods which total in
excess of five (5) years as set forth at Federal Acquisition Regulation
(FAR) 17.204(e), unless otherwise prohibited by statute. The
Contracting Officer must prepare for approval a Determination and
Findings (D&F) regarding the need to exceed five (5) years. The D&F
shall include sufficient detail to support the recommended action and
address the benefit to the agency.
[FR Doc. 2025-18287 Filed 9-19-25; 8:45 am]
BILLING CODE 6560-50-P
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