United States          Office of             Publication 9200.5-4011
                    Environmental Protection   Solid Waste and        March 1992
                    Agency              Emergency Response
  &EPA   CORAS Bulletin
  Office of Emergency and Remedial Response                            Intermittent Bulletin
  Office of Program Management     OS-240                            Volume 2 Number 2
      HOW MUCH  DO  YOU KNOW ABOUT
           CONTRACT TERMINATIONS?
          When is it In the government's best interest to terminate a contract?

          What FAR principles govern contract terminations?

          How difficult is it to terminate a contract?

          What costs may contractor recover?

          Who is authorized to terminate a contract?
     These are important questions, and as EPA whenever it determines that it is in its best interest.
program management staff, you have a duty to This means that the government may terminate
know the answers. In an effort to facilitate greater thecontractwithoutcauseandwithouttheoonsent
understanding of contract terminations, the of the contractor; it does not mean that the
CORAS Bulletin will publish two articles which Contracting Officer can abuse his/her discretion
discuss the issues and considerations relating to in exercising the government's right to terminate.
differenttypesofterminations. This article focuses There must be a justifiable reason for termination.
on termination of government contracts for For example, advances in technology, changes in
convenience, while the second article will discuss strategic planning, and budgetary or funding
termination for default                   considerations are all instances when it may be in
                                    the best interest of the government to terminate a
     All government contracts include some contract for convenience.  It is not, however, a
form of the Termination for Convenience clause decision that can be made lightly. Cancellation of
(FAR 52.249-2). The government may terminate the work under a contract may be an expensive
all or part of a contract. Under the Termination and time consuming course of action and may
for Convenience clause, the government has a result in litigation.
unilateral right to  cancel work under a contract
                                                        Printed on Recycled Papei

-------
        In exchange for the government's right to terminate, the contractor is entitled to recover monetary
 compensation, not previously paid the contractor. Recoverable expenses include both costs guaranteed under
 the contract regardless of termination as well as costs created by early termination.  As outlined in the
 regulations (FAR 5Z249-6), recoverable costs include the following:
         Costs incurred in connection with contract performance until the effective tennination date

         Costs that may continue for a reasonable time with contracting off leer's approvai or direction,
         provided that those costs are discontinued as rapidly as practicable       I |!| | ||l|i;; 1

         Profit or fee commensurate with the percentage of work completed

         Costs of settling and paying claims on subcontracts or orders affected by termination
        Reasonable costs of settling the work terminated, including accounting,legal, clerical, and other
        expenses to prepare termination settlement proposals and sttpportmg data; tenninalion and
        settlement subcontracts; arulstorage, transportation, and other expensesfort^^
 In addition to the recoverable costs explicitly listed in  authorities and legal counsel, is the only person who
 the FAR, the Board of Contract Appeals has allowed  may initiate and sign a termination notice. As outlined
 contractors  to recover depreciation,  insurance,  in FAR 49.102, a termination notice must contain the
 maintenance, facilities capital, overhead, and  following information:
 advertising expenses.
                                                       •  Effective date of termination
       Thecontractormustdemonstrateareasonable
 effort to discontinue costs.  It is the contractor's         •  Extent of termination (Le^ whether all
 "reasonable business judgement" that determines           or part of me contract will be terminated)
 the length of the period  of reimbursement after
 termination.  FAR 32.204-42 contains the following         •  Any special instructions on termination
 broad guidance on the allowability of costs which
 continue after termination:                        =====================:====^=====
                                                FAR 49.601 contains suggested formats for contract
     Costs continuing after termination:       termination notices.
     Despite  all  reasonable  efforts  by the
     contractor, costs which cannot  be         "Uponreceipt of the termination notice, the contractor
     discontinued immediately after the       has one year in which to submit its settlement proposal
     effectivedateoftenninationaregenerally       The Contracting Officer then reviews the settlement
     allowable. However, any costs continuing       proposal and negotiates a settlement If the contractor's
     after termination due to the negligent or       settlement proposal is $25,000 or more, the Contracting
     willful  failure  of the  contractor to       Officer refers  the proposal to the appropriate audit
     discontinuethecostsshaUbeunallowable       agency for review. If the contractor disagrees with the
                                                cost settlement, it may file a petition with the Contract
In addition to costs paid under the contract, there  Board of Appeals or the Claims Court."
may be extensive administrative effort required on
the part of EPA with respect to the various actions        Remember that while EPA has the rieht to
necessary to complete the termination  settlement  terminate contracts for convenience there may be
(e.g., evaluation of settlement proposal, negotiation  considerable   costs involved for the Agency which
of settlement, protection and disposal of government  may not justify termination. Project and Contracting
property).                                       Officers must carefully consider the amount of time,
                                                eff°rt, and money mvolved before making a decision
     "Because of the legal ramifications and possible  to terminate a contract for convenience In the next
higb costs :o the government involved with a  article, we will discuss the issues and considerations
termination a Contracting  Officer, in  consultation  relating to contract terminations for default
with higher level program and contract management

-------
                        United States         Facilities Management          November 1991
                        Environmental Protection   and Services Division
                        Agency  	
SEPA         Printing
                        Management
                        Circular
                               SPECIAL ISSUE
 IN THIS ISSUE
 Special Alert —
 Camera Copy Generation	1

 Prohibition of Printing Services
 Under EPA Contracts	2
TO ALL MANAGERS AND SUPERVISORS

In an effort to continue to provide the best service to our customers
I would like to bring the following items to your attention.

With the advent of "user-friendly" desktop publishing systems, many
offices are generating camera copy for their publications and
newsletters within their own offices. Many times the copy contains
computer generated screen tints and process color separations. The
traditional method for this requirement is a ruby-lith overlay placed
in position on the artwork with instructions to the printer as to the
percentage of screen tint to be provided. Based on lessons learned
over the past several months, it is highly recommended that all
screen tints be generated in the  traditional manner rather than
providing computer generated screens. The traditional method
provides the printer greater control over the final product with any
corrections necessary made at his facility, if the screen tints are
computer generated and the printer is experiencing  problems
maintaining quality, the originator will have to provide new camera
copy and/or the computer disk. This process will delay any printing
schedules established. We will continue to accept camera copy with
computer generated screen tints for all work produced in-house in
the EPA Printing Plant, however, for external printing through a GPO
contractor, the originator must be willing to accept best results
possible if no overlays for printer generated screens are provided. If
you have any questions on this procedure, you may contact me or
my staff at 260-2125.
                        James M. Anderson
                        Printing Officer/Chief' J
                        Printing Services Station

-------
 Prohibition of
 Printing Services
 Under EPA
 Contracts	

 Recently David J. O'Connor,
 Director,  Procurement  and
 Contracts Management Division
 sent  a memo to HQ  Senior
 Budget  Officers,  Deputy
 Regional Administrator,  and
 Laboratory  Directors regarding
 printing    services   under
 contracts. The text of this memo
 is included  here  for  your
 information.
 "/ wish to bring to your attention the
prohibition against contractors and
 subcontractors  providing  printing
 services in  connection  with the
performance of work under a
 contract The Government Printing
 and Binding Regulations issued by
 the Joint Committee on  Printing
 (JCP) mandate  that contractors or
subcontractors  shall not  become
prime or substantial sources of
printing for Federal agencies.
Unless otherwise specified In the
contract, or approved In writing
by the  Contracting  Officer,
contractors may not engage In,
nor subcontract for, any printing
In   connection   with   the
performance of work under an
EPA contract. The  term 'printing'
includes: composition, plate
making, presswork,  binding,
microform publishing,  or the end
items produced by such processes.
All printing must  be obtained
through  EPA's printing plant at
Headquarters (FTS 260-2125),
which is an approved Government
Printing Office field printing plant.
[Editors  Note: Or Field Printing
Control Officers].

EPA  Contractors may provide
'duplication services', but only within
specified limits. Duplication services
are not the same as printing and
binding. Duplication is the making of
photocopies, i.e.,  'xeroxing'. EPA
contractors may duplicate less than
 5,000 units of one page, or less than
 25,000  units in  the aggregate of
 multiple pages for any individual
 requirement If performance of the
 contract will require reproduction in
 excess  of these limits, program
 offices should make arrangements
 with the  printing plant for the
 performance  of the  duplication
 services. In unusual circumstances,
 the Contracting Officer [through
 Printing Services Section] may seek
 a  waiver from  the JCP for
 performance of such services by a
 contractor.

 Please ensure that copies of this
 memorandum   reach   those
 members of your organization who
 manage contracts. We have also
 notified EPA active contractors of
 the prohibition of providing printing
 services under EPA contracts.

 Please direct any questions on this
 guidance to Paul Schaffer of the
 Procurement Policy Staff on FTS
 260-9032."
     PRINTING SERVICES STAFF
         Washington, D.C.
           FTS 382-2128

          Printing Off lew
          James Anderson

         Printing Specialists
 Randall Bacon           Dan Bell
 Patricia BlacknaJI     Linda Creasey
          Roberta Hinton


         REGIONAL/FIELD
    PRINTING CONTROL OFFICERS

       Reg Ion I— Boston, MA
 Bill Holbrook	835-3374

      Region U — New York, NY
 Carol Equo	264-1414

     Region III — Philadelphia, PA
 BillDixon	597-6155
      Region IV — Atlanta, GA
Victor Emory	257-7031

      Region V — Chicago, IL
Hedrick Partee 	886-7544

      Region VI — Dallas, TX
Alma Adams	255-6570

    Region VII — Kansas City, KS
Shannon Campbell  ....  757-2828

      Region VIII — Denver, CO
Benton Jordan	564-1635

   Region IX — San Francisco, CA
FredCordini	484-1662

      Region X — Seattle, WA
Christopher Moff el	399-4114

  ERL — Research Triangle Park, NC
Judy Elkins	629-7627

       ERL —Las Vegas, NV
Brian Spavin	545-2591
       ERL—Cincinnati, OH
Bob Morrison	684-7478

       ERL—Corvallls,OR
Maggie Rea	 . 420-4651

      ERL — Montgomery, AL
Dr. Charles Petko	288-3411

        NEIC—Denver, CO
Jane Chadbourne	776-2381

        ERL—Athens, GA
Pam Gunter	546-2300

       ERL —Ann Arbor, Ml
Marion McQueen	374-8217

        ERL — Duluth.MN
Evelyn Hunt. . . .'	780-5578

         ERL —Ada, OK
Barbara L Marion	743-2217

      ERL—Narragansett, Rl
Sandy Barrington	838-6121

-------
    Contract Operations Review and Assessment Staff /
   We would like to take this opportunity to welcome
 to theCORASBuUefo the Remedial Project Managers,
 the On Scene Coordinators and the Site Assessment
 Managers.  Hopefully, you wil find the CORAS
 Bulletin full of wonderful information on Superfund
 contract management If you need back issues of the
 CORAS Bulletin, please feel free to contact Jalania
 Ellis on FTS-260-8533.  If you have comments, or
 suggested topics for articles please see our comments
 page.

   CORAS has had a few changes to its appearance.
 Three staff members have taken details:  Linda
 Garczynskitotherevitalizationteam,JohnComstock
 to Hazardous Site Control Division to work with
 RAC implementation, and Kay Waters to serve as
 spetialassistantto the OffkeofProgram Management
 Director.

 Three staff members have been detailed into CORAS
 to provide continuing support and coordination to
 the Delivery of Analytical Services (DAS) project:
 Kerry Kelly will serve as staff lead for the DAS
 project  Lynn Beasley comes from the Office of
 Hazardous SiteEvaluationDiviskttvwhereshe served
 as project officer for both ESAT contracts, and Richard
 Troast comes from Hazardous Site Contract Division
 with remedial program and contracting expertise.
 The nine committee members took up the first task of
 revamping ACTS by reviewing change requests
 submitted by the regions in October 1991. The second
 meeting took place on January 22. Topics discussed
 included electronic invoicing by the ARCS contractors
 to reduce data input effort by EPA staff, and how to
 accommodate the many requests for changes coming
 from various quarters. The Regional project officers
 are trying to determine what ACTS can do for them.
 The meeting is scheduled for February 12.  (Contact:
 Steve Chang, FTS 398 - 8348)
      *|« Emergency Response Division (ERD)
 Teleph.on.fi
      Linda Garczynski  FTS 260-8394
      Kay Wafers             260-2441
      JohnComstock         678-8332
      Kerry K«Hy             160-4025
      Lynn Beasley
        Hazardous Site Control Division (HSCD)
                                         The
ACTS steering committee was convened for the first
time on January 14.  David Boyd of PCMD was
elected chairman, and both David and Steve Chang
of OERR became permanent members. All Regional
representatives would serve a one-year term.
 Emergency Response Cleanup Services (ERCS)

 Onjanuary 31,1992, RegionDIawardeda new Regional
 ERCS contract which has a 2 - 4 hour emergency
 response time and a provision for  rapid remedial
 responseactions. Guidance is forthcomingfromOERR
 regarding use of the new generation ERCS contracts,
 such as this one, which provide for rapid remedial
 response actions as well as the traditional removal
 activities. The inclusion of the rapid remedial response
 capability into ERCS contracts was mandated by the
 Superfund Long Term Contracting Strategy (LTCS).
 Regions I, H, and V are currently procuring Regional
 ERCS contracts which will replace  expiring ERCS
 contracts. Region VII is coordinating the procurement
 of a new Zone ERCS contract to cover Regions VL VII
 andVm.

 Technical Assistance Team (TAT)

 In September 1991, two new  TAT  contracts were
 awarded tosupplementthemain TAT contracts. These
 newcontracts were awarded as 8(a) set-asides for small
 and disadvantaged businesses.  Additionally, Region
 in is currently proceeding with procurement of a pilot
 Regional TAT/FIT contract. The LTCS calls for Re-
 gional TAT/FIT contracts in FY95.

Technical and Analytical Support for Emergency
 Response Activities

On January 24,1992, ERD awarded a new Technical
and Analytical Support  contract which enables the
Agency to develop a scientific and technical basis for
designation of hazardous substances and reportable
quantity adjustments. Anotherservice provided under
this contract includes analytical, technical and other
support required to implement the recently enacted
Oil Pollution Act
                                           5

-------
                       CONTRACT RELATED
JVleetings

        V^onfe
rences
  and
                      raining
Title
Contract Management for
Executi ves/Nanagers
(for WMDs)
ARCS PO/CO Meeting
Date
07/01/92
06/15-19-92
Location
Chicago, IL
Rockville, MD
Contact
Richard Troast
202-260-5273
CORAS
Doreatha Vaughn
202-260-9033
PCMD

-------
           CORAS    COMMENT  S...

      After completing this  page, please fold it  into three sections so that
 the return address appears on the outside.   Please  staple or tape together.
 Thank you for taking the time to assist in generating future articles for the
 CORAS Bulletin.
 WE     WANT
YOUR
FEEDBACK!
      J would like to contribute the article(s)  listed below to the CORAS
Bulletin:
Articlefs)




Hill Submit to
CORAS bv:




      I would like to see  the following subject(s)  as articles in the CORAS
Bulletin:
Contact
Name:
Address:



Telephone
No.:





FJS
Remarks:

-------
                            Fold 2nd
&EPA
   United States
   Environmental Protection
   Agency
   Washington. DC 20460
   Official Business
   SP** ""-"••         Ms Jalania Ellis
                      U.S. Environmental Protection Agency
                      OERR/OPM/CORAS
                      401M Street, S.W.
                      Mailstop:  OS-240
                      Washington, DC 20460
                            Fold 1st

-------

Contract
REM
ARCS
ERGS
TAT
ties
ESAT
Headquarters
(PO.DPONpossMe)
REM 1 & II - Tracy Lay
EMAIL5201, 676-6349
REM III & IV - Sieve Chang
EMAIL5644, 678-6348
REM IV - Florence Bbk
EMAIL5241, 678-8327
BiZoM
EMAIL5516, 678-8354
BaibttfB McDonouQn
EMAIL5236, 678-8347
Zone 1 - Patricia Tidwel
EMAIL5216. 260-2668
Zone 1 - Pat Hawkins
EMAIL5191, 260-2458
Zone 2 - Karen Tomimatsu
EMAIL30026. 260-9861
Zone 1 - Jack JoJoMan
EMAIL . 678-8650
Zone 2 - Jean Wright
EMAIL , 678-8659
Zone 3 - Mariene Lemro
EMAIL , 678-8639
Zone 4 - Nancy Deck
EMAIL . 678-8647
Teny Simpson. Actg. PO
EMAIL93016, 260-8607
Zone 1 - Reg. 1,2,3. &5
Zone 2 - Reg. 4,6,10, &
HQs
Region 1

833-1797, EMAIL9170
Mad Code HCP-CAN7
JFK Federal Building
Boston. MA 02203

Nancy BarmaWan
833-1797, EMAIL9170
Diane Keley
833-1672. EMAIL5236
Mall Code HCP-CAN7
JFK Federal Building
Boston. MA 02203
John Caffson
617-860-4624, EMAIL9161
New England Regional Lab
60Westview Street
Lexington, MA 02173
John Carlson
828-6624, EMAIL9119
JFK Federal Building
Boston, MA 02203
Rick Lekjhton
833-1654, EMAIL9156
JFK Federal Building
Boston. MA 02203
Scott dfloni
828-6631, EMAIL9161
SOWestview Street
Lexington. MA 02173
Region 2
Shahear AM
264-2221, EMAIL9204
26 Federal Plaza
New York, NY 10278
M Hacker
264-4197, EMAIL
Fernando Rosado
264-6130, EMAIL9171
Keith Kofar
264-1576, EMAIL
Keith Mondno
264-9300, EMAIL
26 Federal Plaza
New York, NY 10278
Nofm Vogelsang
342-4346, EMAIL9283
Lisa Guameri
340-6108, EMAIL9490
2890 Woodbridge Ave.
Edison, NJ 08837
UsaGuameM
340-6180, EMAIL
2890 Woodbridge Avenue
Edison, NJ 08837
Cathy Moyk
264-8123, EMAIL9206
Eiwin Sieszek
264-4311, EMAIL
26 Federal Plaza
New York, NY 10278
Joseph Hudek
340-6713, EMAIL9252
Woodbridge
Raritan Depot-Bldg. 209
Edison. NJ 08837
Region 3
James McKenzie
597-3229, EMAIL93035
841 Chestnut Street
Philadelphia, PA 19107
EUneSptewak
597-3229. EMAIL
James McKenzie
597-3229. EMAIL93035
841 Chestnut Street
Philadelphia. PA 19107
RfchFetzer
597-1389, EMAIL9324
Mail Code 3HW30
841 Chestnut Street
Philadelphia. PA 19107
Charife (Oeeman
597-4018. EMAIL9340
841 Chestnut Street
Phfldelphia, PA 19107
Drama McBtMiMi
597-8230. EMAIL
841 Chestnut Street
Philadelphia, PA 19107
Cindy Caporate. Actg.
PO
652-2138, EMAIL
839 Bestgate Road
Annapolis, MD 21401
Region 4
KcnMyar
257-2930. EMAIL
345 Courttend St.. N.E.
Atlanta. GA 30365
MattRobbktS
257-2930, EMAIL9428
Doug Thompson
257-2234, EMAIL
Cheries Owmn
257-2234. EMAIL
345 Courttend St., N.E.
Atlanta. GA 30365
Colette Botts
257-2930, EMAIL
345 Courtland St., N.E.
Atlanta, GA 30365
Sharon Camp
257-2930, EMAIL
345 Courtland St.. N.E.
Atlanta, GA 30365
Ken Meyer
257-2930, EMAIL
345 Courtland St., N.E.
Atlanta, GA 30365
Bobby Carrol
250-3309, EMAIL9434
College Station Road,
ASB
Athens. GA 30613
Pagel
April 17.1992

-------
KEY PERSONNEL IN SUPERFUND CONTRACT MANAGEMENT I
1 Contract
HEM
1 ARCS
ERGS
tAf
its
I ESAT

GalNabasny
353-1056, EMAIL95019
230 South Dearborn St.
Chicago. It 60604
Steven Nathan
686-5496, EMAIL95019
PatVogtman
886-5496, EMAIL95021
Carl Norman
686-5496. EMAIL95020
230 South Dearborn St.
Chicago. IL 60604
Charles Brasher
353-7625, EMAIL
230 South Dearborn St.
Chicago, IL 60604
Duane Heaton
353-1788, EMAIL
230 South Dearborn St.
Chicago, IL
TES 10- GaiNabasny
353-1056, EMAIL95019
TES 9 - Eva Howard
886-7274. EMAIL95019
230 South Dearborn St.
Chicago, IL 60604
JayThaMcar
886-1972. EMAIL
Mail Code 5SCRL
77 W. Jackson Blvd.
Chicago. IL 60605

Tom Giver
255-2240, EMAIL
1445 Ross Avenue
Dallas, TX 75202
Carlene Chambers or
Eve Boss
255-6720,
EMAIL9698
1445 Ross Avenue
Mail Code 6E-E
Dallas, TX 75202
JoAnn Woods
255-2270,
EMAIL9625
1445 Ross Avenue
Dallas, TX 75202
Chris Peterson
255-2277,
EMAIL9625
1445 Ross Avenue
Dallas, TX 75202
Kflren Witten
255-6720, EMAIL
1445 Ross Avenue
Dallas. TX 75270
Michael Daggett
730-2107, EMAIL
10625 Fallstone
Houston, TX 77099
Region 7
Karen Roumoy
276-7782. EMAIL9722
726 Minnesota Avenue
Kansas City, KS 66101
DeMMorey
276-7593, EMAIL9733
726 Minnesota Avenue
Kansas City. KS 66101
Larry Stafford
276-5102, EMAIL9789
25 Funston Road
Kansas City, KS 66115
Paul Doherty
276-5008. EMAIL9783
726 Minnesota Avenue
Kansas City, KS 66101
M&ureen Hunt
276-7722. EMAIL
Nancy Healy
276-7713, EMAIL
Asion Znvncnran
276-7333, EMAIL
726 Minnesota Avenue
Kansas City, KS 66101
Harold Brown
276-5127, EMAIL9784
726 Minnesota Avenue
Kansas City, KS 66101


uregg iuuyiuiv^»
330-1061,
EMAIL9832
999 18th Street
Denver, CO 80202
Jeff Mashbum
330-7156,
EMAIL98002
tarCgg rwiynsfvcs
330-1061,
EMAIL9832
999 18th Street
Denver, CO 80202
ftJXfn THIIIII IIMM.JI.B*
mifw /juiniimiiNsii
564-1723.
EMAIL9873
Mail Code 8HWN-ER
999 18th Street
Denver, CO 80202
Karen Mooar
330-7063, EMAIL
999 18th Street
Denver, CO 80202
Sam Marquez
330-7151,
EMAIL9826
999 18th Street
Denver, CO 80202
Steve CaRo
330-1056,
EMAIL98014
999 18th Street
Denver, CO 80202
•.&fa'#i&l&?L;£^ :
Rob Stem
484-2339. EMAIL99039
75 Hawthorne Street
San Francisco, CA 94103
Rob Stem
484-2339, EMAIL99039
MattMftguard
484-2335, EMAIL2333
Snotry Nicest
484-9984, EMAIL99103
DougFrazier
484-2338, EMAIL99173
75 Hawthorne Street
San Francisco. CA 94103
Cnris Woden
484-2291. EMAIL99026
75 Hawthorne Street
San Francisco, CA 94103
%MH*MM 1 	 • —
WMBm L6WI5
484-2292. EMAIL99086
Mail Code T-4-8
75 Hawthorne Street
San Francisco, CA 94103
Judy Wafer
484-2334. EMAIL
MaB Code T-4-8
75 Hawthorne Street
San Francisco, CA 94103
Teny Stumph
484-1522. EMAIL9957
MaH Code P-3
75 Hawthorne Street
San Francisco, CA 94103
Region 10 .;? "^:,:"^.
• 	 — • Afft^Mf
Joanne uoaw
399-2594.
EMAIL9069
1200 6th Street
Seattle. WA 98101
Joanne LaBaw
399-2594.
EMAIL9069
1200 6th Street
Seattle. WA 98101
WKam Longston .
399-1679,
EMAIL9043
1200 6th Street
Mall Code HW093
Seattle. WA 98101
Chris Field
399- , EMAIL
1200 6th Street
Seattle, WA 98101
Mice Stater
399-0455, EMAIL
1200 6th Street
Seattle, WA 98101
Gerald Muth
390-1282. EMAIL
7411 Beach Drive
Port Orchard. WA
98366
Page 2
                                                                                                                                  April 17.1992

-------
N-/EPA
    United States
    Environmental Protection Agency
    Jalania Ellis (OS-240)
    Washington, DC 20460

    Official Business
    Penalty for Private Use
    $300

-------