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 ------- |