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
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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
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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
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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
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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
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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
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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:
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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
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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
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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
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N-/EPA
United States
Environmental Protection Agency
Jalania Ellis (OS-240)
Washington, DC 20460
Official Business
Penalty for Private Use
$300
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