EPA ACQUISITION REGULATION 1901
05/31/00
ENVIRONMENTAL PROTECTION AGENCY
ACQUISITION REGULATION
(EPAAR)
GENERAL STRUCTURE
SUBCHAPTER A — GENERAL
Part 1501 - Environmental Protection Agency Acquisition
Regulation System
Part 1502 - Definition of Words and Terms
Part 1503 - Improper Business Practices and Personal
Conflicts of Interest
Part 1504 - Administrative Matters
SUBCHAPTER B — COMPETITION AND ACQUISITION PLANNING
Part 1505 - Publicizing Contract Actions
Part 1506 - Competition Requirements
Part 1508 - Required Sources of Supplies and Services
Part 1509 - Contractor Qualifications
Part 1511 - Describing Agency Needs
SUBCHAPTER C -- CONTRACTING METHODS AND CONTRACT TYPES
Part 1513 - Simplified Acquisition Procedures
Part 1514 - Sealed Bidding
Part 1515 - Contracting by Negotiation
Part 1516 - Types of Contracts
Part 1517 - Special Contracting Methods
SUBCHAPTER D — SOCIOECONOMIC PROGRAMS
Part 1519 - Small Business Programs
Part 1522 - Application of Labor Laws to Government
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Acquisitions
Part 1523 - Environment, Conservation, Occupational
Safety, and Drug-Free Workplace
Part 1524 - Protection of Privacy and Freedom of Information
SUBCHAPTER E — GENERAL CONTRACTING REQUIREMENTS
Part 1527 - Patents, Data, and Copyrights
Part 1529 - Taxes
Part 1532 - Contract Financing
Part 1533 - Protests, Disputes, and Appeals
SUBCHAPTER F — SPECIAL CATEGORIES OF CONTRACTING
Part 1535 - Research and Development Contracting
Part 1536 - Construction and Architect-Engineer Contracts
Part 1537 - Service Contracting
SUBCHAPTER G -- CONTRACT MANAGEMENT
Part 1542 - Contract Administration
Part 1545 - Government Property
Part 1546 - Quality Assurance
Part 1548 - Value Engineering
SUBCHAPTER H — CLAUSES AND FORMS
Part 1552 - Solicitation Provisions and Contract Clauses
Part 1553 - Forms
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ENVIRONMENTAL PROTECTION AGENCY
ACQUISITION REGULATION
(EPAAR)
STRUCTURE OF THE EPAAR TO THE
SUBPART LEVEL
SUBCHAPTER A ~ GENERAL
Part 1501 - ENVIRONMENTAL PROTECTION AGENCY ACQUISITION
REGULATION SYSTEM
1501.1 Purpose, Authority, Issuance
1501.3 Agency Acquisition Regulations
1501.4 Deviations from the EPAAR
1501.6 Contracting Authority and Responsibilities
Part 1502 - DEFINITIONS OF WORDS AND TERMS
1502.1 Definitions
Part 1503 - IMPROPER BUSINESS PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
1503.1 Safeguards
1503.6 Contracts with Government Employees or
Organizations Owned or Controlled by Them
Part 1504 - ADMINISTRATIVE MATTERS
1504.8 Contract Files
SUBCHAPTER B -- COMPETITION AND ACQUISITION PLANNING
Part 1505 - PUBLICIZING CONTRACT ACTIONS
1505.2 Synopses of Proposed Contract Actions
1505.4 Release of Information
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Part 1506 - COMPETITION REQUIREMENTS
1506.2 Full and Open Competition After Exclusion of
Sources
1506.3 Other Than Full and Open Competition
Part 1508 - REQUIRED SOURCES OF SUPPLIES AND SERVICES
1508.8 Acquisition of Printing and Related Supplies
Part 1509 - CONTRACTOR QUALIFICATIONS
1509.170 Contractor Performance Evaluations
1509.4 Debarment, Suspension/ and Ineligibility
1509.5 Organizational and Consultant Conflicts of
Interest
Part 1511 - DESCRIBING AGENCY NEEDS
1511.011 Solicitation Provisions and Contract Clauses
SUBCHAPTER C ~ CONTRACTING METHODS AND CONTRACT TYPES
Part 1513 - SIMPLIFIED ACQUISITION PROCEDURES
1513.1 General
1513.4 Imprest Fund
1513.5 Purchase Orders
Part 1514 - SEALED BIDDING
1514.2 Solicitation of Bids
Part 1515 - CONTRACTING BY NEGOTIATION
1515.2 Solicitation and Receipt of Proposals and
Information
1515.3 Source Selection
1515.4 Contract Pricing
1515.6 Unsolicited Proposals
Part 1516 - TYPES OF CONTRACTS
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1516.3 Cost-Reimbursement Contracts
1516.4 Incentive Contracts
1516.5 Indefinite-Delivery Contracts
1516.6 Time-and-Materials/ Labor-Hour, and Letter
Contracts
Part 1517 - SPECIAL CONTRACTING METHODS
1517.2 Options
SUBCHAPTER D — SOCIOECONOMIC PROGRAMS
Part 1519 - SMALL BUSINESS AND SMALL DISADVANTAGED
BUSINESS CONCERNS
1519.2 Policies
1519.5 Set-Asides for Small Business
1519.7 Subcontracting with Small Business and Small
Disadvantaged Business Concerns
Part 1522 - APPLICATION OF LABOR LAWS TO GOVERNMENT
ACQUISITIONS
1522.8 Equal Employment Opportunity
Part 1523 - ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY,
AND DRUG-FREE WORKPLACE
1523.3 Hazardous Material Identification and Material
Safety Data
1523.7 Energy-Efficient Computer Equipment
Part 1524 - PROTECTION OF PRIVACY AND FREEDOM OF
INFORMATION
1524.1 Protection of Individual Privacy
SUBCHAPTER E — GENERAL CONTRACTING REQUIREMENTS
Part 1527 - PATENTS, DATA, AND COPYRIGHTS
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1527.4 Rights In Data and Copyrights
Part 1529 - TAXES
1529.3 State and Local Taxes
1529.4 Contract Clauses
Part 1532 - CONTRACT FINANCING
1532.1 General
1532.8 Assignment of Claims
1532.9 Prompt Payment
Part 1533 - PROTESTS, DISPUTES/ AND APPEALS
1533.1 Protests
1533.2 Disputes and Appeals
SUBCHAPTER F -- SPECIAL CATEGORIES OF CONTRACTING
Part 1535 - RESEARCH AND DEVELOPMENT CONTRACTING
1535.007 Contract Clauses
Part 1536 - CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
1536.2 Special Aspects of Contracting for Construction
1536.5 Contract Clauses
1536.6 Architect-Engineer Services
Part 1537 - SERVICE CONTRACTING
1537.1 Service Contracts - General
1537.2 Advisory and Assistance Services
SUBCHAPTER G — CONTRACT MANAGEMENT
Part 1542 - CONTRACT ADMINISTRATION
1542.7 Indirect Cost Rates
1542.12 Novation and Change-of-Name Agreements
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Part 1545 - GOVERNMENT PROPERTY
1545.1 General
1545.3 Providing Government Property to Contractors
Part 1546 - QUALITY ASSURANCE
1546.2 Contract Quality Requirements
1546.7 Warranties
Part 1548 - VALUE ENGINEERING [Reserved]
SUBCHAPTER H — CLAUSES AND FORMS
Part 1552 - SOLICITATION PROVISIONS AND CONTRACT
CLAUSES
1552.2 Texts of Provisions and Clauses
Part 1553 - FORMS
1553.2 Prescription of Forms
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PART 1501
ENVIRONMENTAL PROTECTION AGENCY
ACQUISITION REGULATION SYSTEM
Sec.
1501.000 Scope of part.
SUBPART 1501.1 — PURPOSE, AUTHORITY, ISSUANCE
1501.101 Purpose.
1501.104 Applicability.
1501.105 Issuance.
1501.105-1 Publication and code arrangement.
1501.105-2 Arrangement of regulations.
1501.105-3 Copies.
SUBPART 1501.3 — AGENCY ACQUISITION REGULATIONS
1501.301 Policy.
1501.370 OMB control numbers.
SUBPART 1501.4 — DEVIATIONS FROM THE EPAAR
1501.401 Definition.
1501.403 Individual deviations.
SUBPART 1501.6 — CONTRACTING AUTHORITY AND RESPONSIBILITIES
1502.602 Contracting Officers.
1501.602-3 Ratification of unauthorized commitments.
1501.603 Selection, appointment, and termination of
appointment.
1501.603-1 General.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1501.000 Scope of part.
The Federal Acquisition Regulation System brings together,
in Title 48 of the Code of Federal Regulations/ the acquisition
regulations applicable to all executive agencies of the
Government. This part establishes a system of Environmental
Protection Agency (EPA) acquisition regulations, referred to as
the EPAAR, for the codification and publication of policies and
procedures of EPA which implement and supplement the Federal
Acquisition Regulation (FAR).
SUBPART 1501.1 — PURPOSE, AUTHORITY, ISSUANCE
1501.101 Purpose.
This subpart establishes Chapter 15, the Environmental
Protection Agency Acquisition Regulation (EPAAR), within Title
48, the Federal Acquisition Regulations System.
1501.104 Applicability.
The FAR (48 CFR chapter 1) and the EPAAR (48 CFR chapter 15)
apply to all EPA acquisitions as defined in Part 2 of the FAR,
except where expressly excluded.
1501.105 Issuance.
1501.105-1 Publication and code arrangement.
The EPAAR will be published in (1) the FEDERAL REGISTER, (2)
cumulated form in the Code of Federal Regulations (CFR), and (3)
a separate loose-leaf form in a distinctive light blue color.
1501.105-2 Arrangement of regulations.
(a) References and citations. This regulation may be
referred to as the Environmental Protection Agency Acquisition
Regulation or the EPAAR. References to EPAAR materials shall be
made in a manner similar to that prescribed by FAR 1.105-2(c).
1501.105-3 Copies.
Copies of the EPAAR in FEDERAL REGISTER and CFR form may be
purchased from the Superintendent of Documents, Government
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Printing Office (GPO)/ Washington/ D.C. 20402. Copies of loose-
leaf EPAAR are distributed within EPA and may be obtained from
the EPA Facilities and Support Services Division.
SUBPART 1501.3 — AGENCY ACQUISITION REGULATIONS
1501.301 Policy.
The EPAAR is prescribed by the Director, Office of
Acquisition Management.
1501.370 OMB control numbers.
The information collection activities contained in the EPAAR
sections listed below have been approved by the Office of
Management and Budget (OMB) and have been issued OMB numbers in
accordance with section 3504(h) of the Paperwork Reduction Act of
1980, 44 U.S.C. 3501, et seq.
48 CFR Citation
Specification, Standards and other Purchase
Descriptions
1510.011-70 and 1510.011-72
1510.011-80 through 1510.011-81
Contract Delivery or Performance
1512.104
Small Purchase and Other Simplified Purchase
Procedures
1513.505 through 1513.570
Solicitation Provisions and Contract Clauses
1552.209-71
1552.209-73 through 1552.209-74
1552.210-72
1552.210-80
1552.212-71
1552.215-72 through 1552.215-76
1552.227-76
OMB Control No.
2030-0005
2030-0023
2030-0023
2030-0007
2030-0023
2030-0023
2030-0005
2030-0023
2030-0023
2030-0006
2030-0023
SUBPART 1501.4 — DEVIATIONS FROM THE EPAAR
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1501.401 Definition.
A deviation to the EPAAR is defined in the same manner as a
deviation to the FAR (see FAR 1.401).
1501.403 Individual deviations.
Requests for individual deviations from the FAR and the
EPAAR shall be submitted to the Head of the Contracting Activity
(HCA) for approval. Requests submitted shall cite the specific
part of the FAR or EPAAR from which it is desired to deviate,
shall set forth the nature of the deviation(s)/ and shall give
the reasons for the action requested. The HCA shall transmit
copies of approved individual FAR deviations to the FAR
Secretariat.
SUBPART 1501.6 — CONTRACTING AUTHORITY AND
RESPONSIBILITIES
1501.602 Contracting Officers.
1501.602-3 Ratification of unauthorized commitments.
(a) Applicability. The provisions of this section apply to
all unauthorized commitments/ whether oral or written and without
regard to dollar value. Examples of unauthorized commitments
are:
(1) Ordering supplies or services by an individual
without contracting authority;
(2) Unauthorized direction of work through assignment
of orders or tasks;
(3) Unauthorized addition of new work;
(4) Unauthorized direction of contractors to
subcontract with particular firms; or
(5) Any other unauthorized direction which changed the
terms and conditions of the contract.
(b) Ratification approvals and concurrences.
(1) The Chief of the Contracting Office is the
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ratifying official, provided that he/she has
redelegable contracting authority.
(2) For ratification actions which arise in regional
offices or laboratory sites/ the Chief of the
Contracting Office to whom the activity
functionally reports is the ratifying official.
(3) All proposed ratification actions of $250,000 or
more for which the CCO is not the ratifying
official shall be forwarded for review to the
responsible CCO prior to approval by the ratifying
official.
(c) Procedures.
(1) The program office shall notify the cognizant
contracting office by memorandum of the circumstances
surrounding an unauthorized commitment. The
notification shall include:
(i) All relevant documents and records;
(ii) Documentation of the necessity for the work
and benefit derived by the Government;
(iii) A statement of the delivery status of the
supplies or services associated with the
unauthorized commitment;
(iv) A list of procurement sources solicited (if
any) and the rationale for the source selected;
(v) If only one source was solicited, a
justification for other than full and open
competition (JOFOC) as required by FAR 6.302, FAR
6.303 and 1506.303, or for simplified acquisition
procedures exceeding the competition threshold in
FAR 13.106, a sole source justification as required
by 1513.170;
(vi) A statement of steps taken or proposed to
prevent reoccurrence of any unauthorized
commitment.
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(2) The Division Director (or equivalent) of the
responsible office shall approve the memorandum. If
expenditure of funds is involved/ the program office
shall include a Procurement Request/Order, EPA Form
1900-8, with funding sufficient to cover the action.
The appropriation data cited on the 1900-8 shall be
valid for the period in which the unauthorized
commitment was made.
(3) Upon receiving the notification, the Contracting
Officer shall prepare a determination and findings
regarding ratification of the unauthorized commitment
for the ratifying official. The determination and
findings shall include sufficient detail to support the
recommended action. If ratification of the
unauthorized commitment is recommended, the
determination and findings shall include a
determination that the price is fair and reasonable.
To document the determination, additional information
may be required from the Contractor. Concurrence by
the Office of General Counsel is not mandatory, but
shall be sought in difficult or unusual cases.
(4) The ratifying official may inform the Inspector
General (IG) of the action by memorandum through the
Head of the Contracting Activity (HCA). For
ratification actions exceeding the small purchase
limitation, the ratifying official shall submit a
memorandum to the Assistant Administrator for
Administration and Resources Management through the HCA
for transmittal to the Associate or Regional
Administrator (or equivalent level) of the person
responsible for the unauthorized commitment. This
memorandum should contain a brief description of the
circumstances surrounding the unauthorized commitment,
recommend corrective action, and include a copy of any
memorandum sent to the IG. Submission of a memorandum
to the appropriate Assistant, Associate, or Regional
Administrator for unauthorized commitments at or below
the small purchase limitation is optional and may be
accomplished at the discretion of the ratifying
official.
(d) Paid Advertisements.
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(1) EPA is generally not authorized to ratify improperly
ordered paid advertisements. The ratifying official/
however, may determine payment is proper subject to the
limitations in FAR 1.602-3(c) if the individual
responsible for the unauthorized commitment acted in
good faith to comply with Agency acquisition polices and
procedures.
(2) The paying office shall forward invoice claims
received in its office for improper paid advertisements
to the cognizant ratifying official for a determination
regarding ratification of the action.
(3) If the ratifying official determines that an
unauthorized commitment cannot be ratified by the
Agency/ the ratifying official shall instruct the
submitter to present its claim to the General
Accounting Office in accordance with the instructions
contained in 4 CFR part 31, Claims against the United
States/ General Procedures.
(e) Payment of Properly Ratified Claims. After the
unauthorized commitment is ratified/ the contractor must submit
an invoice (or resubmit an invoice if one was previously
submitted) citing the appropriate contract or purchase order
number.
1501.603 Selection, appointment, and termination of appointment.
1501.603-1 General.
EPA Contracting Officers shall be selected and appointed and
their appointments terminated in accordance with the Contracting
Officer warrant program specified in Chapter 8 of the EPA
"Contracts Management Manual."
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PART 1502
DEFINITIONS OF WORDS AND TERMS
SUBPART 1502.1 — DEFINITIONS
1502.100 Definitions.
AUTHORITY: Sec. 205(0), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1502.1 — DEFINITIONS
1502.100 Definitions.
Chief of the Contracting Office (CCO) means the Office of
Acquisition Management Division Directors at Headquarters/
Research Triangle Park and Cincinnati.
Head of the Contracting Activity (HCA) means the Director,
Office of Acquisition Management.
Legal Counsel means those attorneys assigned to the
Contracts Law Branch and the Research Triangle Park General
Counsel Branch, Office of the General Counsel and designated by
the Assistant General Counsel as Contract Law Specialists.
Procurement Executive (PE) means the Director, Office of
Acquisition Management.
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PART 1503
IMPROPER BUSINESS PRACTICES AND
PERSONAL CONFLICTS OF INTEREST
Sec.
1503.000 Scope of part.
SUBPART 1503.1 — SAFEGUARDS
1503.101-370 Personal conflicts of interest.
1503.104-5 Disclosure/ protection/ and marking of contractor
bid or proposal information and source selection
information.
SUBPART 1503.6 — CONTRACTS WITH GOVERNMENT EMPLOYEES OR
ORGANIZATIONS OWNED OR CONTROLLED BY THEM
1503.600-70 Scope of subpart.
1503.600-71 Definitions.
1503.601 Policy.
1503.602 Exceptions.
1503.670 Solicitation disclosure provision.
SUBPART 1503.9 — WHISTLE BLOWER PROTECTIONS FOR CONTRACTOR
EMPLOYEES
1503.905 Procedures for investigating complaints.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended/ 40 U.S.C.
486(c).
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1503.000 Scope of part.
This Part implements FAR Part 3, cites EPA regulations on
employee responsibilities and conduct/ establishes responsibility
for reporting violations and related actions, and provides for
authorization of exceptions to policy.
SUBPART 1503.1 —SAFEGUARDS
1503.101-370 Personal conflicts of interest.
(a) Each EPA employee (including special employees) engaged
in source evaluation and selection is required to' be familiar
with the provisions of 40 CFR part 3 regarding personal conflicts
of interest. The employee shall inform the Source Selection
Authority (SSA) in writing if his/her participation in the source
evaluation and selection process could be interpreted as a
possible or apparent conflict of interest. The SSA will consult
with appropriate Agency officials prior to the SSA's
determination. The SSA shall relieve any EPA employee who
has a conflict of interest of further duties in connection with
the evaluation and selection process.
(b) Each EPA employee (including special employees/ as
defined by 1503.600-71(b)) involved in source evaluation and
selection is required to comply with the Office of Government
Ethics ethics provisions at 5 CFR part 2635.
1503.104-5 Disclosure/ protection/ and marking of contractor bid
or proposal information and source selection information.
(a)(1) The Chief of the Contracting Office (CCO) is the
designated official to make the decision whether support
contractors are used in proposal evaluation (as authorized at FAR
15.305(c) and as restricted at FAR 37.203(d)).
(2) The following written certification and agreement shall
be obtained from the non-Government evaluator prior to the
release of any proposal to that evaluator:
"'Certification on the Use and Disclosure of Proposals11
RFP#:
Offerer:
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1. I hereby certify that to the best of my knowledge and
belief, no conflict of interest exists that may diminish my
capacity to perform an impartial, technically sound, objective
review of this proposal(s) or otherwise result in a biased
opinion or unfair competitive advantage.
2. I agree to use any proposal information only for
evaluation purposes. I agree not to copy any information from the
proposal(s), to use my best effort to safeguard such information
physically, and not to disclose the contents of nor release any
information relating to the proposal(s) to anyone outside of the
evaluation team assembled for this acquisition or individuals
designated by the contracting officer.
3. I agree to return to the Government all copies of
proposals, as well as any abstracts, upon completion of the
evaluation.
(Name and Organization)
(Date of Execution)
(End of Certificate)
(b) Information contained in proposals will be protected and
disclosed to the extent permitted by law, and in accordance with
FAR 3.104-5, 15.207, and Agency procedures at 40 CFR part 2.
SUBPART 1503.6 — CONTRACTS WITH GOVERNMENT EMPLOYEES
OR ORGANIZATIONS OWNED OR CONTROLLED BY THEM
1503.600-70 Scope of subpart.
This subpart implements and supplements FAR Subpart 3.6 and
sets forth EPA policy and procedures for identifying and dealing
with conflicts of interest and improper influence or favoritism
in connection with contracts involving current or former EPA
employees. This subpart does not apply to agreements with other
departments or agencies of the Federal Government, nor to
contracts awarded to State or local units of Government.
1503.600-71 Definitions.
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(a) "Regular employee" means any officer or employee of EPA
who is employed or appointed, with or without compensation, to
serve more than 130 days during any period of 365 consecutive
days, including regular officers of the Public Health Service
Commissioned Corps and reserve officers of the Public Health
Service Commissioned Corps while on active duty.
(b) "Special employee" means an officer or employee of EPA
who is retained, designated, appointed or employed to perform,
with or without compensation, temporary duties either on a full-
time or intermittent basis for not more than 130 days during any
period of 365 consecutive days and who actually served more than
60 days during such 365-day period.
1503.601 Policy.
(a) No contract may be awarded without competition to a
former regular or special EPA employee (or to a business concern
or other organization owned or substantially owned or controlled
by a former employee) whose employment terminated within 365
calendar days before submission of a proposal to EPA.
(b) No contract shall be awarded without competition to a
firm which employs, or proposes to employ, a current regular or
special EPA employee or a former EPA regular or special employee
whose employment terminated within 365 calendar days before
submission of a proposal to EPA, if either of the following
conditions exist:
(1) The current or former EPA regular or special
employee is or was involved in developing or
negotiating the proposal for the prospective
contractor.
(2) The current or former EPA regular or special
employee will be involved directly or indirectly in
the management, administration, or performance of
the contract.
1503.602 Exceptions.
The Assistant Administrator for Administration and Resources
Management may authorize an exception, in writing, to the policy
in FAR 3.601 and 1503.601 for the reasons stated in FAR 3.602, if
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the exception would not involve a violation of 18 U.S.C. 203, 18
U.S.C. 205, 18 U.S.C. 207, 18 U.S.C. 208, or EPA regulations at
40 CFR Part 3. The Assistant Administrator shall consult with
the Designated Agency Ethics Official before authorizing any
exceptions.
1503.670 Solicitation of disclosure provision.
The Contracting Officer shall insert, the provision at
1552.203-70, Current/Former Agency Employee Involvement
Certification, in all solicitations for sole source acquisitions.
SUBPART 1503.9 — WHISTLE BLOWER PROTECTIONS FOR
CONTRACTOR EMPLOYEES
1503.905 Procedures for investigating complaints.
The Assistant Administrator for Administration and Resources
Management is designated as the recipient of the written report
of findings by the Inspector General. The Assistant
Administrator shall ensure that the report of findings is
disseminated in accordance with FAR 3.905(c).
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PART 1504
ADMINISTRATIVE MATTERS
SUBPART 1504.8 — CONTRACT FILES
1504.804 Closeout of contract files.
1504.804-5 Detailed procedures for closing out contract
files.
AUTHORITY: Sec. 205(c) , 63 Stat. 390, as amended/ 40 U.S.C,
486(c).
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SUBPART 1504.8 — CONTRACT FILES
1504.804 Closeout of contract files.
1504.804-5 Detailed procedures for closing out contract
files.
In addition to those procedures set forth in FAR 4.804-5,
the contracting office shall/ before final payment is made under
a cost-reimbursement type contract, verify the allowability,
allocability, and reasonableness of costs claimed. Verification
of total costs incurred should be obtained from the Office of
Audit through the cost advisory group at the contracting office
in the form of a final audit report. Similar verification of
actual costs shall be made for other contracts when cost
incentives, price redeterminations, or cost-reimbursement
elements are involved. Termination settlement proposals shall be
submitted to the cost advisory group at the contracting office
for review by the Office of Audit as prescribed by FAR 49.107.
All such audits will be coordinated through the cost advisory
group in the contracting office. Exceptions to these procedures
are the quick close-out procedures as described in FAR 42.708
and Unit 2 of the EPA Acquisition Handbook.
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PART 1505
PUBLICIZING CONTRACT ACTIONS
Sec.
1505.000 Scope of part.
SUBPART 1505.2 -- SYNOPSES OF PROPOSED CONTRACT ACTIONS
1505.202 Exceptions.
1505.203 Publicizing and response time.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1505.000 Scope of part.
This part provides instructions on publicizing contract
opportunities and response time/ instructions on information to
include in the synopses of proposed contracts, instructions on
publicizing orders under GSA schedule contracts/ policy
references relative to release of information, and procedures for
obtaining information on previous Government contracts.
SUBPART 1505.2 — SYNOPSES OF PROPOSED CONTRACT ACTIONS
1505.202 Exceptions.
The Contracting Officer need not submit the notice required
by FAR 5.201 when the Contracting Officer determines in writing
that the contract is for the services of experts for use in
preparing or prosecuting a civil or criminal action under the
Superfund Amendments and Reauthorization Act of 1986.
1505.203 Publicizing and response time.
(a) The Contracting Officer may, at his/her discretion under
certain circumstances, elect to transmit a synopsis to the
Commerce Business Daily (CBD) of a proposed contract action that
falls within an exception to the synopsis requirement in FAR
5.202(a). For those contract actions, the Contracting Officer
may provide for a lesser time period than the 15 days required by
FAR 5.203(a) and the 30 days required by FAR 5.203(c) or (d), and
the 45 days required by FAR 5.203(e). The Contracting Officer
must identify the basis for the lesser time periods for response
in the synopsis.
(b) The authority for paragraph (a) does not extend to the
synopsis of contract actions falling within the exception in FAR
5.202(a)(7), if to do so would disclose the originality of
thought or innovativeness of the proposed research.
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PART 1506
COMPETITION REQUIREMENTS
Sec.
1506.000 Scope of part.
SUBPART 1506.3 — OTHER THAN FULL AND OPEN COMPETITION
1506.302-5 Authorized or required by statute.
AUTHORITY: Sec. 205(0), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1506.000 Scope of Part.
This part implements FAR Part 6. It prescribes the EPA
policies and procedures in obtaining full and open competition in
the acquisition process.
SUBPART 1506.3 — OTHER THAN FULL AND OPEN COMPETITION
1506.302-5 Authorized or required by statute.
(a) Authority. Section 109(e) of the Superfund Amendments
and Reauthorization Act of 1986 (SARA) is cited as authority.
(b) Application.
(1) The Contracting Officer may use other than full
and open competition to acquire the services of
experts for use in preparing or prosecuting a
civil or criminal action under SARA whether or not
the expert is expected to testify at trial. The
Contracting Officer need not prepare the written
justification under FAR 6.303 when acquiring
expert services under the authority of Section
109(e) of SARA. The Contracting Officer shall
document the official contract file when using
this authority.
(2) The Contracting Officer shall give notice to the
Agency's Competition Advocate whenever a contract
award is made using other than full and open
competition under this authority. The notice
shall contain a copy of the contract and the
summary of negotiations.
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PART 1508
REQUIRED SOURCES OF SUPPLY
1508.000 Scope of part.
SUBPART 1508.8 — ACQUISITION OF PRINTING AND RELATED SUPPLIES
1508.870 Contract clause.
AUTHORITY: Sec. 205(c) , 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1508.8 — ACQUISITION OF PRINTING AND RELATED
SUPPLIES
1508.870 Contract clause.
Contracting Officers shall insert the contract clause at
1552.208-70, Printing/ in all contracts which require printing,
duplication, binding, reproduction, and related services and are
subject to the provisions of the Government Printing and Binding
Regulations published by the Joint Committee on Printing,
Congress of the United States.
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PART 1509
CONTRACTOR QUALIFICATIONS
Sec.
1509.000 Scope of part.
SUBPART 1509.170 — CONTRACTOR PERFORMANCE EVALUATIONS
1509.170-1 Scope of subpart.
1509.170-2 Purpose.
1509.170-3 Applicability.
1509.170-4 Definitions.
1509.170-5 Policy.
1509.170-6 Filing of forms.
1509.170-7 Release of ratings.
1509.170-8 Contractor Performance Report.
SUBPART 1509.4 — DEBARMENT, SUSPENSION, AND INELIGIBILITY
1509.403
1509.404
1509.406
1509.406-3
1509.407
1509.407-3
Definitions.
Parties Excluded from Procurement Programs.
Debarment.
Procedures.
Suspension.
Procedures.
SUBPART 1509.5 — ORGANIZATIONAL AND CONSULTANT CONFLICTS OF
INTEREST
1509.500
1509.502
1509.503
1509.505
1509.505-4
1509.505-70
1506.507
1509.507-1
1509.507-2
Scope of subpart.
Applicability.
Waiver.
General rules.
Obtaining access to proprietary information.
Information sources.
Solicitation provisions and contract clause.
Solicitation provisions.
Contract clauses.
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AUTHORITY: Sec. 205(c) , 63 Stat. 390, as amended, 40 U.S.C.
486 (c) .
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1509.000 Scope of part.
This Part implements FAR Part 9 and provides policy and
procedures pertaining to contractor's responsibility; debarment,
suspension, and ineligibility; and organizational conflicts of
interest.
SUBPART 1509.170 — CONTRACTOR PERFORMANCE EVALUATIONS
1509.170-1 Scope of subpart.
This subpart establishes EPA policies and procedures for
evaluation of contractor performance. Contracting officers shall
insert the contract clause at 1552.209-76 in all solicitations
and contracts with an estimated dollar value in excess of
$100,000. For acquisitions involving options, the total
estimated value of the acquisition shall include the estimated
base amount plus the option(s) amount(s).
1509.170-2 Purpose.
This subpart provides guidance to program and contracting
personnel regarding the evaluation of contractor performance. It
establishes a uniform method for determining and recording the
effectiveness of contractors in meeting contractual obligations.
Additionally, this subpart details a systematic approach for
identifying and maintaining records of contractors' performance
histories.
1509.170-3 Applicability.
(a) This subpart applies to all EPA acquisitions in excess of
$100,000, except for construction acquisitions,
architect-engineer acquisitions, acquisitions awarded under the
Federal Acquisition Regulation (FAR) Subpart 8.6, Acquisitions
from Federal Prison Industries, Incorporated, FAR Subpart 8.7,
Acquisitions from Nonprofit Agencies Employing People Who Are
Blind or Severely Disabled, and FAR 13.5, Test Program for
Certain Commercial Items. FAR 36.201 and 36.604 provide detailed
instructions for construction and architect-engineer contractor
performance evaluations.
(b) The acquisition of commercial items in accordance with
FAR 13.106 is not applicable to this subpart because simplified
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acquisition procedures do not require the creation or existence
of a formal database for past performance evaluations. In cases
where simplified acquisition procedures are not used to acquire
commercial items (see FAR 12.203), this subpart is applicable to
acquiring commercial items in excess of $100,000.
(c) EPA Form 1900-26, Contracting Officer's Evaluation of
Contractor Performance, and EPA Form 1900-27, Project Officer's
Evaluation of Contractor Performance, shall apply to all
performance evaluations completed prior to the effective date of
this subpart. However, on the effective date of this rule, EPA
Forms 1900-26 and 1900-27 are obsolete, and contracting officers
shall complete all contractor performance evaluations by use of
the National Institutes of Health's Contractor Performance
System.
1509.170-4 Definitions.
(a) Contractor Performance Report is an evaluation of a
contractor's performance for a specified period of time.
(b) Interim Report refers to a Contractor Performance Report
that covers each 12 month period after the effective date of
contract.
(c) Final Report refers to a Contractor Performance Report
that covers the last 12 months (or less) of contract performance.
(d) Ratings refer to the numerical scores for each
performance category. Ratings are defined as follows: 0 =
unsatisfactory, 1 = poor, 2 = fair, 3 = good, 4 = excellent, and
5 = outstanding.
(e) Summary ratings refer to the ratings determined by one
level above the contracting officer regarding disagreements
between the contractor and the contracting officer. Summary
ratings reflect the Agency's ultimate conclusion for the
performance period being evaluated.
(f) Performance Categories refer to the measures used to
evaluate a contractor's performance. Performance categories are
defined as quality, cost control, timeliness of performance, and
business relations.
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1509.170-5 Policy.
(a) Contracting officers are responsible for the timely
completion of contractors' performance evaluations. The National
Institutes of Health Contractor Performance System shall be used
to record individual contractor performance histories on EPA
contracts and to obtain contractor past performance information
for use in EPA's source selection process.
(b) Contracting officers are required to use the National
Institutes of Health Contractor Performance System to record
evaluations for all contract performance periods expiring after
the effective date of this subpart.
(c) Contractor evaluation information shall be recorded in
Contractor Performance Reports (Report) which are generated by
the National Institutes of Health system. Reports shall cover
individual contractor evaluations at the contract level, which
includes all work assignments/ task orders, or delivery orders
associated with the 12 month period being evaluated (interim
Report) or the last 12 months (or less) of contract performance
(final Report).
(d) The contracting officer must complete interim Reports
covering each 12 month period after the effective date of
contract for all contracts in excess of $100,000, except those
acquisitions identified in 1509.170-3, Applicability. In
addition to interim Reports, the contracting officer must
complete a final Report which covers the last 12 months (or less)
of contract performance.
(e) The contracting officer shall initiate the process for
completing interim Reports within five (5) business days after
the end of each 12 months of contract performance. The
contracting officer shall initiate the process for completing a
final Report within five (5) business days after the end of the
last 12 months (or less) of contract performance. Final Reports
must be completed prior to contract closeout.
(f) The contracting officer must complete interim and final
Reports, including the project officer's evaluation of contractor
performance, receipt of any contractor input, and resolution of
summary ratings (if any) within 90 business days from the date
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the contracting officer initiates the evaluation.
(g) Reports shall be used to inform other agencies and
departments (upon request) about a contractor's performance on an
EPA contract/ and to assist the contracting officer and the
Technical Evaluation Panel with evaluating past performance for
future EPA acquisitions.
(h) When evaluating proposals/ contracting officers shall use
the National Institutes of Health system to access Reports from
other agencies or departments that are available in the National
Institutes of Health database. Contracting Officers may need to
access past performance information from other than the National
Institutes of Health system if the National Institutes of Health
system does not include applicable information.
(i) In accordance with FAR 42.1503 (b)/ the ultimate
conclusion on the performance evaluation is the decision of the
Agency. The contracting officer must ensure the accuracy of
ratings for each performance category by verifying that
information in the contract file corresponds with the project
officer's designated ratings. A contractor's performance
evaluation should closely parallel award fee determinations made
under the contract.
(j) In cases of novations involving successors-in-interest, a
final evaluation of the predecessor contractor must be completed
within five (5) business days after the end of the predecessor
contractor's performance/ and an interim evaluation of the
successor contractor must be completed within five (5) business
days after the end of each 12 months of contract performance
after the successor began performing. In cases of change-of-name
agreements/ the system shall be changed to reflect the new
contractor's name.
(k) Contracting officers must inform the Office of Debarment
and Suspension of any repetitive unsatisfactory or poor (a score
of 0 or 1) ratings encountered by the contractor.
1509.170-6 Filing of forms.
The original copy of completed Contractor Performance
Reports (interim and final) shall be filed in each individual
contractor's official contract file. The National Institutes of
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Health Contractor Performance System will retain all reports for
three (3) years after contract completion.
1509.170-7 Release of ratings.
(a) Agencies and departments who subscribe to the National
Institutes of Health's Contractor Performance System will have
direct access to all Reports, including those of EPA, in the
National Institutes of Health's database. Information on EPA
contractors' performance ratings may also be obtained by
contacting the EPA contracting officer responsible for the
evaluation.
(b) Contractors' performance ratings may be released to other
Federal, State, and local Governments upon written request. The
release to other Federal, State, and local Governments must
stipulate that the information provided shall not be released
outside of the requesting Government agency. In cases where the
Federal agency is part of the National Institutes of Health
Contract Performance System, a written request is not applicable.
(c) Freedom of Information Act requests shall be processed by
the EPA Freedom of Information Act office where the contract is
located. Requests for past performance evaluations during the
period the information may be used to provide source selection
information shall be rejected if the requests are made by other
than the Government personnel and the contractor whose
performance is being evaluated.
1509.170-8 Contractor Performance Report.
(a) Contractor Performance Reports (interim and final) must
be prepared electronically by use of the National Institutes of
Health's Contractor Performance System. Hard copy preparation of
Reports shall not be used unless specifically instructed by the
National Institutes of Health. The National Institutes of Health
will provide EPA's Office of Acquisition Management Internal
Oversight Service Center with specific instructions if hard copy
use becomes necessary.
(b) A copy of the National Institutes of Health Contractor
Performance Report (including instructions) shall be included in
each solicitation and contract with an estimated value in excess
of $100,000.
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SUBPART 1509.4 — DEBARMENT, SUSPENSION, AND
INELIGIBILITY
1509.403 Definitions.
The Director, Office of Grants and Debarment, is designated
the "debarring official" and the "suspending official" as defined
in FAR 9.403 and is designated as the agency official authorized
to make the decisions required in FAR 9.405(a)/ 9.405-1(b),
9.405-2, 9.406-1(c), and 9.407-1(d).
1509.404 Parties Excluded from Federal Procurement and
Nonprocurement Programs.
The Director, Office of Grants and Debarment (or designee)
is responsible for notifying GSA in accordance with FAR 9.404(c).
1509.406 Debarment.
1509.406-3 Procedures.
(a) Investigation and referral.
(1) Contracting Officer Responsibility.
(i) When contracting personnel discover
information which indicates that a cause for
debarment or suspension may exist, they shall
promptly report such information by memorandum
to the cognizant Chief of the Contracting
Office. Purchasing agents in the small
purchase activities which do not come under
the cognizance of the Headquarters, Research
Triangle Park (RTP), or Cincinnati contracting
offices shall report such information by
memorandum directly to the Head of the
Contracting Activity (HCA) .
(ii) Contracting Officers shall review the GSA
consolidated list to ensure that the Agency
does not solicit offers from, award contracts
to, or consent to subcontract with listed
contractors.
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(2) Chief of the Contracting Office Responsibility.
When the Chief of the Contracting Office determines
that sufficient information exists to support the
reasonable belief that a cause for debarment or
suspension may exist/ such information shall be
promptly reported by memorandum to the HCA. The
memorandum to the HCA may be a cover memorandum which
forwards the Contracting Officer's memorandum and
provides the Chief of the Contracting Office's
assessment of the information/ any investigative report
or audit/ and any additional information he/she has
discovered.
(3) HCA Responsibility. Upon receipt of a report of a
suspected debarment or suspension situation/ the HCA or
the designee shall take the following actions:
(i) Notify the Debarring Official that
investigation of a potential debarment has
been initiated.
(ii) Review the reported information.
(iii) Investigate as necessary to verify or
develop additional information. Request
investigative support from the EPA Inspector
General when appropriate.
(iv) Refer the matter to the Debarring Official
for consideration of debarment; or recommend
to the Debarring Official that the matter be
closed without further action because the
facts do not constitute a cause for debarment.
(v) Obtain legal counsel's opinion on referrals
or recommendations made to the Debarring
Official.
(vi) Notify EPA Contracting Officers of those
Contractors who are ineligible for
solicitation, award/ or subcontracting but
who do not appear on the GSA Consolidated
List; e.g./ those who are ineligible based on
a settlement reached by the Debarring
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Official under which the Contractor has
agreed to voluntarily exclude itself from
participation in Government
contracting/subcontracting for a specified
period or because of a Notice of Proposal to
Debar.
(4) Debarring Official's Responsibility. The Debarring
Official shall:
(i) Review referrals from the HCA together with the
HCA's recommendations, if any/ and determine whether
further consideration by the Debarring Official is
warranted and take such actions as are required by
FAR Subpart 9.4;
(ii) Obtain the HCA's recommendation prior to
reaching a voluntary exclusion settlement
with a Contractor in lieu of debarment;
(iii) Promptly notify the HCA of Contractors with
whom a settlement in lieu of debarment has
been reached under which the Contractor
voluntarily excludes itself from or restricts
its participation in Government
contracting/subcontracting for a specified period;
and of Contractors who have received a Notice of
Proposal to Debar.
1509.407 Suspension.
1509.407-3 Procedures.
The procedures prescribed in 1509.406-3(a) shall be followed
under conditions which appear to warrant suspension of a
Contractor.
SUBPART 1509.5 — ORGANIZATIONAL AND CONSULTANT
CONFLICTS OF INTEREST
1509.500 Scope of subpart.
This subpart establishes EPA policy and procedures for
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identifying/ evaluating, and resolving organizational conflicts
of interest. EPA's policy is to avoid/ neutralize/ or mitigate
organizational conflicts of interest. If EPA is unable to
neutralize or mitigate the effects of a potential conflict of
interest/ EPA will disqualify the prospective contractor or will
terminate the contract when potential or actual conflicts are
identified after award.
1509.502 Applicability.
This subpart applies to all EPA contracts except agreements
with other Federal agencies. However/ this subpart applies to
contracts with the Small Business Administration (SBA) under the
8 (a) program.
1509.503 Waiver.
The Head of the Contracting Activity may waive any general
rule or procedure of this subpart by determining that its
application in a particular situation would not be in the
Government's interest. Any request for waiver must be in
accordance with FAR 9.503. The Assistant General Counsel for
Contracts and Information Law shall be consulted on such waiver
requests.
1509.505 General rules.
1509.505-4 Obtaining access to proprietary information.
Contractors gaining access to confidential business
information of other companies in performing advisory services
for EPA shall comply with the special requirements of 40 CFR Part
2 and the provisions of their contracts relating to the treatment
of confidential business information.
1509.505-70 Information sources.
(a) Disclosure. Prospective EPA Contractors responding to
solicitations or submitting unsolicited proposals shall provide
information to the Contracting Officer for use in identifying/
evaluating, or resolving potential organizational conflicts of
interest. The submittal may be a certification or a disclosure,
pursuant to Paragraphs (a)(1) or (2) of this section.
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(1) If the prospective contractor is not aware of any
information bearing on the existence of any
organizational conflict of interest/ it may so certify.
(2) Prospective contractors not certifying in accordance
with Paragraph (a) (1) of this section must provide a
disclosure statement which describes concisely all
relevant facts concerning any past, present, or
planned interests relating to the work to be performed
and bearing on whether they, including their chief
executives, directors, or any proposed consultant or
subcontractor, may have a potential organizational
conflict of interest.
(b) Failure to disclose information. Any prospective
contractor failing to provide full disclosure, certification, or
other required information will not be eligible for award.
Nondisclosure or misrepresentation of any relevant information
may also result in disqualification from award, termination of
the contract for default, or debarment from Government contracts,
as well as other legal action or prosecution. In response to
solicitations, EPA will consider any inadvertent failure to
provide disclosure certification as a "minor informality" (as
explained in FAR 14.405); however, the prospective contractor
must correct the omission promptly.
(c) Exception. Where the Contractor has previously
submitted a conflict of interest certification or disclosure for
a contract, only an update of such statement is required when the
contract is modified.
1509.507 Solicitation provisions and contract clause.
1509.507-1 Solicitation provisions.
(a) Advance notice of limitations. The Contracting Officer
shall alert prospective contractors by placing a notice in the
solicitation whenever a particular acquisition might create an
organizational conflict of interest. The notice will:
(1) Include the information prescribed in (FAR) 48 CFR
9.507-1;
(2) Refer prospective contractors to this" subpart; and
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(3) Require proposers to disclose relevant facts
concerning any past, present, or currently planned
interests relating to the work described in the
solicitation.
(b) Required solicitation provision. The Contracting
Officer shall include the provisions at 1552.209-70 and 1552.209-
72 in all solicitations, except where the following applies:
(1) An Organizational Conflict of Interest provision is
drafted for a particular acquisition (see Section
1509.507-1(a));
(2) When the procurement is with another Federal agency
(however, the provision is included in solicitations
issued under the Small Business Administration's (SBA)
8(a) program; and
(3) When the procurement is accomplished through
simplified acquisition procedures, use of the provision
is optional.
1509.507-2 Contract clauses.
(a) The Contracting Officer shall include the clause at
1552.209-71 in all contracts in excess of the simplified
acquisition threshold and, as appropriate, in simplified
acquisition procedures. Contracts for other than Superfund work
shall include Alternate I in this clause in lieu of paragraph
(e) .
(b) The Contracting Officer shall include the clause at
1552.209-73 in all solicitations and contracts for Superfund work
in excess of the simplified acquisition threshold and, as
appropriate, in small purchases for Superfund work.
(c) The Contracting Officer shall include the clause at
1552.209-74 or its alternates in the following solicitations and
contracts for Superfund work in excess of the simplified
acquisition threshold and, as appropriate, in simplified
acquisition procedures for Superfund work. The Contracting
Officer shall include the clause at 1552.209-74 in all
Alternative Remedial Contracting Strategy (ARCS) solicitations
and contracts, except Site Specific solicitations "and contracts.
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Alternate I shall be used in all Time Critical Rapid Response
(TCRR) solicitations and contracts, except site specific
solicitations and contracts. The term "TCRR" in the Limitation
of Future Contracting clauses includes not only TCRR
solicitations and contracts but Emergency Response Cleanup
Services (ERCS) and other emergency type solicitations and
contracts. TCRR pilot scale studies are included in the term
"treatability studies". Alternate II shall be used in all
Technical Assistance Team (TAT) solicitations and contracts.
Alternate III shall be used in all Environmental Services
Assistance Team (ESAT) solicitations and contracts. Alternate IV
shall be used in all Technical Enforcement Support (TES)
solicitations and contracts. Alternate V shall be used in all
Superfund Headquarters Support solicitations and contracts. The
Contracting Officer is authorized to modify paragraph (c) of
Alternate V to reflect any unique limitations applicable to the
program requirements. Alternate VI shall be used in all Site
Specific solicitations and contracts.
(d) The Contracting Officer shall insert the clause at
1552.209-75 in Superfund solicitations and contracts in excess of
the simplified acquisition threshold, where the solicitation or
contract does not include (EPAAR) 48 CFR 1552.211.74, Work
Assignments, Alternate I, or a similar clause requiring conflict
of interest certifications during contract performance. This
clause requires an annual conflict of interest certification from
contractors when the contract does not require the submission of
other conflict of interest certifications during contract
performance. Contracts requiring annual certifications include:
Site Specific contracts, the Contract Laboratory Program (CLP),
and the Sample Management Office (SMO) contracts. The annual
certification requires a contractor to certify that all
organizational conflicts of interest have been reported, and that
its personnel performing work under EPA contracts or relating to
EPA contracts have been informed of their obligation to report
personal and organizational conflicts of interest to the
Contractor. The annual certification shall cover the one-year
period from the date of contract award for the initial
certification, and a one-year period starting from the previous
certification for subsequent certifications. The certification
must be received by the Contracting Officer no later than 45 days
after the close of the certification period covered.
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PART 1511
DESCRIBING AGENCY NEEDS
Sec.
1511.000 Scope of part.
1511.011 — SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1511.011-70 Reports of work.
1511.011-71 [Reserved.]
1511.011-72 Monthly progress report.
1511.011-73 Level of effort.
1511.011-74 Work assignments.
1511.011-75 Working files.
1511.011-76 Legal analysis.
1511.011-77 Final reports.
1511.011-78 Advisory and assistance services.
1511.011-79 Information resources management.
AUTHORITY:
486(c).
Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C,
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1511.000 — Scope of part.
This Part implements FAR part 11 and provides policy and
procedures for describing Agency needs.
1511.011 — SOLICITATION PROVISIONS AND
CONTRACT CLAUSES
1511.011-70 Reports of work.
Contracting Officers shall insert one of the contract
clauses at 1552.211-70 when the contract requires the delivery of
reports, including plans/ evaluations, studies, analyses and
manuals. Alternate I should be used to specify reports in
contract schedule, whereas the basic clause should be used when
reports are specified in a contract attachment.
1511.011-71 [Reserved.]
1511.011-72 Monthly progress report.
Contracting Officers shall insert a contract clause
substantially the same as the clause at 1552.211-72 when monthly
progress reports are required.
1511.011-73 Level of effort.
The Contracting Officer shall insert the clause at 1552.211-
73, Level of Effort, in term form contracts.
1511.011-74 Work assignments.
The Contracting Officer shall insert the contract clause at
1552.211-74, Work Assignments, in cost-reimbursement type term
form contracts when work assignments are used. For Superfund
contracts, except for contracts which require annual conflict of
interest certificates (e.g., Site Specific contracts, the
Contract Laboratory Program (CLP), and Sample Management Office
(SMO) contracts), the Contracting Officer shall use the clause
with either Alternate I or Alternate II. Alternate I shall be
used for contractors who have a least 3 years of records that may
be searched for certification purposes. Alternate II shall be
used for contractors who do not have at least three years of
records that may be searched.
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1511.011-75 Working files.
Contracting Officers shall insert the contract clause at
1552.211-75 in all applicable EPA contracts where accurate
working files on all work documentation is required in the
performance of the contract.
1511.011-76 Legal analysis.
Contracting Officers shall insert the clause at 1552.211-76
when it is determined that the contract involves legal analysis.
1511.011-77 Final reports.
Contracting Officers shall insert the contract clause at
1552.211-77 when a contract requires both a draft and a final
report.
1511.011-78 Advisory and assistance services.
Contracting Officers shall insert the contract clause at
1552.211-78 in all contracts for advisory and assistance
services.
1511.011-79 Information resources management.
The Contracting Officer shall insert the clause at
1552.211-79, Compliance with EPA Policies for Information
Resource Management/ in all solicitations and contracts.
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PART 1513
SIMPLIFIED ACQUISITION PROCEDURES
Sec.
1513.000 Scope of part.
SUBPART 1513.1 — GENERAL
1513.170 Competition exceptions and justification for sole
source simplified acquisition procedures.
1513.170-1 Contents of sole source justifications.
SUBPART 1513.4 — IMPREST FUND
1513.403 Conditions for use.
SUBPART 1513.5 — PURCHASE ORDERS
1513.505 Purchase order and related forms.
1513.507 Clauses.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1513.000 Scope of part.
This part prescribes EPA policies and procedures for the
acquisition of supplies/ nonpersonal services, and construction
from commercial sources/ the aggregate amount of which does not
exceed the simplified acquisition threshold.
SUBPART 1513.1 — GENERAL
1513.170 Competition exceptions and justification for sole
source simplified acquisition procedures.
1513.170-1 Contents of sole source justifications.
The program office submitting the procurement request must
submit, as a separate attachment/ a brief written statement in
support of sole source acquisitions exceeding the micro-purchase
threshold. The statement must cite one or more of the
circumstances in FAR 6.302 and the necessary facts to support
each circumstance. Although program offices may not cite the
authority in FAR 6.302-7, the public interest may be used as a
basis to support a sole source acquisition. If the acquisition
has been synopsized as a notice of proposed sole source
acquisition, the statement must include the results of the
evaluation of responses to the synopsis.
SUBPART 1513.4 — IMPREST FUND
1513.403 Conditions for use.
Imprest funds may be used when the transaction does not
exceed $500 ($750 under emergency conditions).
SUBPART 1513.5 — PURCHASE ORDERS
1513.505 Purchase order and related forms.
Contracting Officers may use the EPA Form 1900-8,
Procurement Request/Order/ in lieu of Optional Forms 347 and 348
for individual purchases prepared in accordance with the
instructions printed on the reverse thereof (see 1553.213-70).
1513.507 Clauses.
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(a) It is the general policy of the Environmental Protection
Agency that Contractor or vendor prescribed leases or maintenance
agreements for equipment shall not be executed.
(b) The Contracting Officer shall, where appropriate/ insert
the clause at 1552.213-70, Notice to Suppliers of Equipment/ in
orders for purchases or leases of automatic data processing
equipment, word processing, and similar types of commercially
available equipment for which vendors, as a matter of routine
commercial practice, have developed their own leases and/or
customer service maintenance agreements.
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PART 1514
SEALED BIDDING
SUBPART 1514.2 — SOLICITATION OF BIDS
1514.201 Preparation of invitations for bids.
1514.201-6 Solicitation provisions.
1514.201-7 Contract clauses.
1514.205 Solicitation mailing lists.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1514.2 — SOLICITATION OF BIDS
1514.201 Preparation of invitations for bids.
1514.201-6 Solicitation provisions.
The Contracting Officer shall insert the solicitation
provision at 1552.214-71, Contract Award—Other Factors—Sealed
Bidding, in invitations for bids when it is appropriate to
describe other factors that will be used in evaluating bids for
award.
1514.201-7 Contract Clauses.
The CCO is authorized to waive the inclusion of the clauses
at FAR 52.214-27 and 52.214-28, in accordance with FAR 14.201-7.
1514.205 Solicitation mailing lists.
When a solicitation and all amendments are posted on the
Internet with a synopsis providing information as to how to
access the solicitation and all amendments, the CO will need to
maintain a mailing list of only those individuals requesting
paper copies from the contract service center/branch. When
possible, the CO should also build an electronic "mailing list"
of companies downloading the solicitation from the Internet.
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PART 1515
CONTRACTING BY NEGOTIATION
Sec.
1515.000 Scope of part.
SUBPART 1515.2 — SOLICITATION AND RECEIPT OF PROPOSALS AND
INFORMATION
1515.209 Solicitation provisions and contract clauses.
SUBPART 1515.3 — SOURCE SELECTION
1515.302 Applicability.
1515.303 Responsibilities.
1515.305 Proposal evaluation.
1515.305-70 Scoring plans.
1515.305-71 Documentation of proposal evaluation.
1515.305-72 Release of cost information.
1515.308-71 Documentation of source selection.
SUBPART 1515.4 — CONTRACT PRICING
1515.404-4 Profit.
1515.404-470 Policy.
1515.404-471 EPA structured approach for developing profit or
fee objectives.
1515.404-472 Other methods.
1515.404-473 Limitations.
1515.404-474 Waivers.
1515.404-475 Cost realism.
1515.408 Solicitation provisions and contract clauses.
SUBPART 1515.6 — UNSOLICITED PROPOSALS
1515.604 Agency points of contact.
1515.606-70 Contracting methods.
AUTHORITY: Sec. 205 (c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1515.000 Scope of part.
This part implements and supplements FAR Part 15. It
prescribes the Environmental Protection Agency policies and
procedures for contracting for supplies and services by
negotiation.
SUBPART 1515.2 — SOLICITATION AND RECEIPT OF
PROPOSALS AND INFORMATION
1515.209 Solicitation provisions and contract clauses.
In addition to those provisions prescribed at FAR 15.209 and
in accordance with FAR 15.203(a)(4), the contracting officer
shall identify and include the evaluation factors that will be
considered in making the source selection and their relative
importance in each solicitation.
(a) The contracting officer shall insert the provisions at
1552.215-70/ % %EPA Source Evaluation and Selection Procedures—
Negotiated Procurement11 and either: the provision at
1552.215-71, *'Evaluation Factors for Award/11 where all
evaluation factors other than cost or price when combined are
significantly more important than cost or price; or the provision
in Alternate I to 1552.215-71, where all evaluation factors other
than cost or price when combined are significantly less important
than cost or price; or the provision in Alternate II to
1552.215-71, where all evaluation factors other than cost or
price when combined are approximately equal to cost or price;
or Alternate III to 1552.215-71 where award will be made to the
offerer with the lowest-evaluated cost or price whose proposal
meets or exceeds the acceptability standards for non-cost
factors.
(b) Evaluation factors and significant subfactors should be
prepared in accordance with FAR 15.305 and inserted into
paragraph (b) of the provision at 1552.215-71, Alternate I,
Alternate II, and if used, in Alternate III.
SUBPART 1515.3 — SOURCE SELECTION
1515.302 Applicability.
FAR subpart 15.3 and this subpart apply to the selection of
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source or sources in competitive negotiation acquisitions in
excess of the simplified acquisition threshold/ except
architect-engineering services which are covered in 1536.6.
1515.303 Responsibilities.
The Source Selection Authority (SSA) shall be established at
the levels specified as follows:
(a) Acquisitions having a potential value exceeding
$25,000,000: CCO.
(b) Acquisitions having a potential value exceeding
$10,000,000 to $25,000,000: To be determined by the CCO, unless
otherwise restricted in his/her delegation of procurement
authority.
(c) Acquisitions having a potential value of $10,000,000 or
less: The contracting officer.
1515.305 Proposal evaluation.
1515.305-70 Scoring plans.
When trade-offs are performed (in accordance with FAR
5.101-1), the evaluation of technical and past performance shall
be accomplished using the following scoring plan or one
specifically developed for the solicitation, e.g., other numeric,
adjectival, color rating systems, etc.
Scoring Plan
Value Descriptive statement
The factor is not addressed, or is
totally deficient and without
merit.
The factor is addressed, but
contains deficiencies and/or
weaknesses that can be corrected
only by major or significant
changes to relevant.portions
of the proposal, or the factor is
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addressed so minimally or vaguely
that there are widespread
information gaps. In addition/
because of the deficiencies,
weaknesses/ and/or information
gaps/ serious concerns exist on
the part of the technical
evaluation team about the
offerer's ability to perform the
required work.
Information related to the factor
is incomplete/ unclear, or
indicates an inadequate approach
to/ or understanding of the
factor. The technical evaluation
team believes there is question as
to whether the offerer would be
able to perform satisfactorily.
The response to the factor is
adequate. Overall/ it meets the
specifications and requirements,
such that the technical evaluation
team believes that the offerer
could perform to meet the
Government's minimum requirements.
The response to the factor is good
with some superior features.
Information provided is generally
clear/ and the demonstrated
ability to accomplish the
technical requirements is
acceptable with the possibility of
more than adequate performance.
The response to the factor is
superior in most features.
1515.305-71 Documentation of proposal evaluation.
In addition to the information required by FAR 15.305(a)(3)/
the technical evaluation documentation shall include:
(a) Score sheets prepared by each individual team member must
be made available upon the contracting officer's request. For
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contracts valued at $10,000,000 or less, the technical evaluation
may be recorded on the short form technical evaluation format
(EPA Form 1900-61) or another form specifically developed for the
solicitation; and
(b) A statement that the respective team members are free
from actual or potential personal conflicts of interest, and are
in compliance with the Office of Government Ethics ethics
provisions at 5 CFR part 2635.
(c) Any information which might reveal that an offerer has an
actual or potential organizational conflict of interest.
(d) Any documentation related to exchanges with individual
offerers.
1515.305-72 Release of cost information.
(a) In accordance with FAR 15.305(a)(4), the contracting
officer may release the cost/price proposals to those members of
the evaluation team who are evaluating proposals at his/her
discretion.
(b) These individuals would then use this information to
perform a cost realism analysis as described in FAR 15.404-1 (d) .
Any inconsistencies between the proposals and the solicitation
requirements and/or any inconsistencies between the cost/price
and other than cost/price proposals should be identified.
1515.308-71 Documentation of source selection.
In addition to the information required by FAR 15.308, the
source selection decision shall include:
(a) When there is only one proposal received or only one
proposal in the competitive range, the contracting officer shall
examine the solicitation to determine if it was unduly
restrictive or flawed. As part of the source selection decision,
the contracting officer shall address at a minimum, the following
five factors: whether the requirement could have been broken up
into smaller components; whether the solicitation provided
adequate response time; whether the requirement could have been
satisfied with reduced staffing levels (discussion may be
combined with the first factor); if applicable, whether the work
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required on-site could otherwise be performed at a contractor's
facility, avoiding the cost and logistical implications of
relocating employees; and whether the geographical area of
consideration was either too narrow or too broad, so as to
adversely impact competition. If the contracting officer
determines that the solicitation requirements unduly restrict
competition/ the contracting officer shall consider making
appropriate changes to the solicitation, canceling the
solicitation/ and reissuing the solicitation incorporating the
appropriate changes. For 8(a) competitive or small business
competitive set-asides, if the contracting officer in
consultation with the Office of Small and Disadvantaged Business
Utilization determines that the solicitation requirements unduly
restrict competition, the contracting officer shall consider
making appropriate changes to the solicitation/ canceling the
solicitation, and reissuing the solicitation incorporating the
appropriate changes.
(b) The contracting officer shall provide a copy of any
source selection decision that includes an analysis of the five
factors described in paragraph (a) of this section to the
Competition Advocate after approval of the decision by the
designated Source Selection Authority.
SUBPART 1515.4 — CONTRACT PRICING
1515.404-4 Profit.
This section implements FAR 15.404-4 and prescribes the
EPA structured approach for establishing profit or fee
prenegotiation objectives.
1515.404-470 Policy.
(a) The Agency's policy is to utilize profit to attract
contractors who possess talents and skills necessary to the
accomplishment of the objectives of the Agency, and to stimulate
efficient contract performance. In negotiating profit/fee/ it is
necessary that all relevant factors be considered/ and that fair
and reasonable amounts be negotiated which give the contractor a
profit objective commensurate with the nature of the work to be
performed/ the contractor's input to the total performance/ and
the risks assumed by the contractor.
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(b) The purpose of EPA's structured approach is:
(1) To provide a standard method of evaluation;
(2) To ensure consideration of all relevant factors;
(3) To provide a basis for documentation and explanation of
the profit or fee negotiation objective; and
(4) To allow contractors to earn profits commensurate with
the assumption of risk.
(c) The profit-analysis factors prescribed in the EPA
structured approach for analyzing profit or fee include those
prescribed by FAR 15.404(d)(I), and additional factors authorized
by FAR 15.404(d)(2) to foster achievement of program objectives.
These profit or fee factors are prescribed in 1515.404-471.
1515.404-471 EPA structured approach for developing profit or fee
objectives.
(a) General. To properly reflect differences among contracts,
and to select an appropriate relative profit/fee in consideration
of these differences/ weightings have been developed for
application by the contracting o£ficer to standard measurement
bases representative of the prescribed profit factors cited in
FAR 15.404(d) and EPAAR 1515.404-471(b)(1). Each profit factor or
subfactorf or its components/ has been assigned weights relative
to their value to the contract's overall effort, and the range of
weights to be applied to each profit factor.
(b)(1) Profit/fee factors. The factors set forth in this
paragraph/ and the weighted ranges listed after each factor,
shall be used in all instances where the profit/fee is
negotiated.
Contractor's Input to Total Performance
Weight Range (Percent)
Direct material 1 to 4.
Professional/technical labor 8 to 15.
Professional/technical overhead 6 to 9.
General labor 5 to 9.
General overhead 4 to 7.
Subcontractors 1 to 4.
Other direct costs 1 to 3.
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General and administrative expenses 5 to 8.
Contractor's assumption of contract cost 0 to 6.
risk.
(2) The contracting officer shall first measure the
*'Contractor's Input to Total Performance11 by the assignment of
a profit percentage within the designated weight ranges to each
element of contract cost. Such costs are multiplied by the
specific percentages to arrive at a specific dollar profit or
fee.
(3) The amount calculated for facilities capital cost of money
(FCCM) shall not be included as part of the cost base for
computation of profit or fee. The profit or fee objective shall
be reduced by an amount equal to the amount of facilities capital
cost of money allowed. A complete discussion of the determination
of facilities capital cost of money and its application and
administration is set forth in FAR 31.205-10, and the Appendix to
the FAR (see 48 CFR 9904.414).
(4) After computing a total dollar profit or fee for the
Contractor's Input to Total Performance, the contracting officer
shall calculate the specific profit dollars assigned for cost
risk and performance. This is accomplished by multiplying the
total Government cost objective, exclusive of any FCCM, by the
specific weight assigned to cost risk and performance. The
contracting officer shall then determine the profit or fee
objective by adding the total profit dollars for the Contractor's
Input to Total Performance to the specific dollar profits
assigned to cost risk and performance. The contracting officer
shall use EPA Form 1900-2 in hardcopy or electronic copy
equivalent to facilitate the calculation of the profit or fee
objective.
(5) The weight factors discussed in this section are designed
for arriving at profit or fee objectives for other than nonprofit
and not-for-profit organizations. Nonprofit and not-for-profit
organizations are addressed as follows:
(i) Nonprofit and not-for-profit organizations are defined
as those business entities organized and operated:
(A) Exclusively for charitable, scientific, or or
educational purposes;
(B) Where no part of the net earnings inure to the benefit
of any private shareholder or individual;
(C) Where no substantial part of the activities is for
propaganda or otherwise attempting to influence legislation or
participating in any political campaign on behalf of any
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candidate for public office; and
(D) Which are exempt from Federal income taxation under
Section 51 of the Internal Revenue Code. (26 U.S.C.)
(ii) For contracts with nonprofit and not-for-profit
organizations where fees are involved/ special factor of -3
percent shall be assigned in all cases.
(c) Assignment of values to specific factors—
(1) General. In making a judgment on the value of each
factor, the contracting officer should be governed by the
definition, description, and purpose of the factors, together
with considerations for evaluation set forth in this paragraph.
(2) Contractor's input to total performance. This factor is
a measure of how much the contractor is expected to contribute to
the overall effort necessary to meet the contract performance
requirements in an efficient manner. This factor, which is
separate from the contractor's responsibility for contract
performance, takes into account what resources are necessary, and
the creativity and ingenuity needed for the contractor to perform
the statement of work successfully. This is a recognition that
within a given performance output, or within a given sales dollar
figure, necessary efforts on the part of individual contractors
can vary widely in both value, quantity, and quality, and that
the profit or fee objective should reflect the extent and nature
of the contractor's contribution to total performance. Greater
profit opportunity should be provided under contracts requiring a
high degree of professional and managerial skill and to
prospective contractors whose skills, facilities, and technical
assets can be expected to lead to efficient and economical
contract performance. The evaluation of this factor requires an
analysis of the cost content of the proposed contract as follows:
(i) Direct material (purchased parts and other material).
(A) Analysis of these cost items shall include an evaluation
of the managerial and technical effort necessary to obtain the
required material. This evaluation shall include consideration of
the number of orders and suppliers, and whether established
sources are available or new sources must be developed. The
contracting officer shall also determine whether the contractor
will, for example, obtain the materials by routine orders or
readily available supplies (particularly those of substantial
value in relation to the total contract costs), or by detailed
subcontracts for which the prime contractor will be required to
develop complex specifications involving creative design.
(B) Consideration should be given to the managerial and
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technical efforts necessary for the prime contractor to
administer subcontracts, and to select subcontractors, including
efforts to break out subcontracts from sole sources, through the
introduction of competition.
(C) Recognized costs proposed as direct material costs such
as scrap charges shall be treated as material for profit
evaluation.
(D) If intracompany transfers are accepted at price, in
accordance with FAR 31.205-26(e), they should be excluded from
the profit or fee computation. Other intracompany transfers shall
be evaluated by individual components of cost, i.e., material,
labor, and overhead.
(ii) Professional/technical and general labor. Analysis of
labor should include evaluation of the comparative quality and
level of the talents and experience to be employed. In evaluating
labor for the purpose of assigning profit dollars, consideration
should be given to the amount of notable scientific talent or
unusual or scarce talent needed, in contrast to journeyman effort
or supporting personnel. The diversity, or lack thereof, of
scientific and engineering specialties required for contract
performance, and the corresponding need for supervision and
coordination, should also be evaluated.
(iii) Overhead and general and administrative expenses.
(A) Where practicable, analysis of these overhead items of
cost should include the evaluation of the individual elements of
these expenses, and how much they contribute to contract
performance. This analysis should include a determination of the
amount of labor within these overhead pools, and how this labor
would be treated if it were considered as direct labor under the
contract. The allocable labor elements should be given the same
profit consideration as if they were direct labor. The other
elements of indirect cost pools should be evaluated to determine
whether they are routine expenses such as utilities,
depreciation, and maintenance, and therefore given less profit
consideration.
(B) The contractor's accounting system need not break down
its overhead expenses within the classification of
professional/technical overhead, general overhead and general and
administrative expenses.
(iv) Subcontractors. (A) Subcontract costs should be
analyzed from the standpoint of the talents and skills of the
subcontractors. The analysis should consider if the prime
contractor normally should be expected to have people with
comparable expertise employed as full-time staff, or if the
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contract requires skills not normally available in an
employer-employee relationship. Where the prime contractor is
using subcontractors to perform labor which would normally be
expected to be done in-house/ the rating factor should generally
be at or near 1 percent. Where exceptional expertise is retained/
or the prime contractor is participating in the mentor-protege
program/ the assigned weight should be nearer to the high end of
the range.
(v) Other direct costs. The analysis of these costs should
be similar to the analysis of direct material.
(3) Contractor's assumption of contract cost risk.
(i) The risk of contract costs should be shifted to the
fullest extent practicable to contractors/ and the Government
should assign a rating that reflects the degree of risk
assumption. Evaluation of this risk requires a determination of
the degree of cost responsibility the contractor assumes/ the
reliability of the cost estimates in relation to the task
assumed/ and the chance of the contractor's success or failure.
This factor is specifically limited to the risk of contract
costs. Thus/ such risks of losing potential profits in other
fields are not within the scope of this factor.
(ii) The first determination of the degree of cost
responsibility assumed by the contractor is related to the
sharing of total risk of contract cost by the Government and the
contractor, depending on selection of contract type. The extremes
are a cost-plus-fixed-fee contract requiring only that the
contractor use its best efforts to perform a task/ and a
firm-fixed-price contract for a complex item. A
cost-plus-fixed-fee contract would reflect a minimum assumption
of cost responsibility by the contractor/ whereas a
firm-fixed-price contract would reflect a complete assumption of
cost responsibility by the contractor. Therefore/ in the first
step of determining the value given for the contractor's
assumption of contract cost risk/ a lower rating would be
assigned to a proposed cost-plus-fixed-fee best efforts
contract/ and a higher rating would be assigned to a
firm-fixed-price contract.
(iii) The second determination is that of the reliability of
the cost estimates. Sound price negotiation requires well-defined
contract objectives and reliable cost estimates. An excessive
cost estimate reduces the possibility that the cost of
performance will exceed the contract price/ thereby reducing the
contractor's assumption of contract cost risk.
(iv) The third determination is that of the difficulty of
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the contractor's task. The contractor's task may be difficult or
easy, regardless of the type of contract.
(v) Contractors are likely to assume greater cost risks only
if the contracting officer objectively analyzes the risk incident
to the proposed contract/ and is willing to compensate
contractors for it. Generally/ a cost-plus-fixed-fee contract
would not justify a reward for risk in excess of 1 percent/ nor
would a firm-fixed-price contract normally justify a reward of
less than 4 percent. Where proper contract type selection has
been made/ the reward for risk by contract type would usually
fall into the following percentage ranges:
Type of contract Percentage ranges
Cost-plus-fixed-fee 0 to 1.
Prospective price determination 4 to 5.
Firm-fixed-price 4 to 6.
(A) These ranges may not be appropriate for all
acquisitions. The contracting officer might determine that a
basis exists for high confidence in the reasonableness of the
estimate/ and that little opportunity exists for cost reduction
without extraordinary efforts. The contractor's willingness to
accept ceilings on their burden rates should be considered as a
risk factor for cost-plus-fixed-fee contracts.
(B) In making a contract cost risk evaluation in an
acquisition that involves definitization of a letter contract/
consideration should be given to the effect on total contract
cost risk as a result of partial performance under a letter
contract. Under some circumstances, the total amount of cost risk
may have been effectively reduced by the existence of a letter
contract. Under other circumstances/ it may be apparent that the
contractor's cost risk remained substantially as great as though
a letter contract had not been used. Where a contractor has begun
work under an anticipatory cost letter, the risk assumed is
greater than normal. To be equitable/ the determination of a
profit weight for application to the total of all recognized
costs/ both those incurred and those yet to be expended, must be
made with consideration to all relevant circumstances/ not just
to the portion of costs incurred or percentage of work completed
prior to definitization.
1515.404-472 Other methods.
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(a) Contracting officers may use methods other than those
prescribed in 1515.404-470 for establishing profit or fee
objectives under the following types of contracts and
circumstances:
(1) Architect-engineering contracts;
(2) Personal service contracts;
(3) Management contracts/ e.g., for maintenance or.operation
of Government facilities;
(4) Termination settlements;
(5) Services under labor-hour and time and material contracts
which provide for payment on an hourly, daily, or monthly basis,
and where the contractor's contribution constitutes the
furnishing of personnel.
(6) Construction contracts; and
(7) Cost-plus-award-fee contracts.
(b) Generally, it is expected that such methods will:
(1) Provide the contracting officer with a technique that
will ensure consideration of the relative value of the
appropriate profit factors described under **Profit Factors,11 in
FAR 15.404-4(d) and
(2) Serve as a basis for documentation of the profit or fee
objective.
1515.404-473 Limitations.
(a) In addition to the limitations established by statute
(see FAR 15.404-4(b) (4) (I)), no administrative ceilings on
profits or fees shall be established, except those identified in
EPAAR (48 CFR) 1516.404-273(b).
(b) The contracting officer shall not consider any known
subcontractor profit/fee as part of the basis for determining the
contractor profit/fee.
1515.404-474 Waivers.
Under unusual circumstances, the CCO may specifically waive
the requirement for the use of the guidelines. Such exceptions
shall be justified in writing, and authorized only in situations
where the guidelines method is unsuitable.
1515.404-475 Cost realism.
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The EPA structured approach is not required when the
contracting officer is evaluating cost realism in a competitive
acquisition.
1515.408 Solicitation provisions and contract clauses.
(a) In addition to those provisions and clauses prescribed
in FAR 15.408, when an exception to FAR 15.403-1 does not apply
and no other means available can be used to ascertain whether a
fair and reasonable price can be determined, the contracting
officer may insert in negotiated solicitations the provisions
at—(1) 1552.215-72 when requesting information other than cost
or pricing data, for cost-reimbursable, level-of-effort-
contracts. Use Alternate I for cost-reimbursable, level-of-effort
contracts when the Government's requirement is for fully
dedicated staff for a twelve month period(s) of performance and
performance is on a Government facility; Alternate II for
acquisitions for cost-reimbursable, level-of-effort contracts
when the Government's requirement is for fully dedicated staff
for a twelve month period(s) of performance and performance is
not on a Government facility; and Alternate III if the
Government's requirement is for the acquisition of supplies or
equipment. The contracting officer may make revisions, deletions,
or additions to 1552.215-72 and its Alternates I-III as needed to
fit an individual acquisition, and
(2) 1552.215-73, General Financial and Organizational
Information.
(b) If uncompensated overtime is proposed, the resultant
contract shall include the provisions at FAR 52.237-10 and
include the provision at 1552.215-74. The contracting officer may
use provisions substantially the same as 1552.215-74 without
requesting a deviation to the EPAAR.
SUBPART 1515.6 — UNSOLICITED PROPOSALS
1515.604 Agency points of contact.
The Director, Grants Administration Division (3903R), EPA,
401 M Street, SW, Washington, D.C. 20460, is the Agency contact
point established to coordinate the receipt and handling of
unsolicited proposals.
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1515.606-70 Contracting methods.
The Department of Housing and Urban Development-Independent
Agencies Appropriation Act contains a requirement that none of
the funds provided in the Act may be used for payment through
grants or contracts to recipients that do not share in the cost
of conducting research resulting from proposals that are not
specifically solicited by the Government. Accordingly, contracts
for research which result from unsolicited proposals shall
provide for the contractor to bear a portion of the cost of
performance for work subject to the Act. The extent of the cost
sharing shall reflect the mutuality of interest of the contractor
and the Government. Therefore, where there is no measurable gain
to the performing organization, cost sharing is not required.
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PART 1516
TYPES OF CONTRACTS
SUBPART 1516.3 —COST-REIMBURSEMENT CONTRACTS
1516.301-70 Payment of fee.
1516.303 Cost-sharing contracts.
1516.303-71 Definition.
1516.303-72 Policy.
1516.303-73 Types of cost-sharing.
1516.303-74 Determining the value of in-kind contributions.
1516.303-75 Amount of cost-sharing.
1516.303-76 Fee on cost-sharing contracts by subcontractors,
1516.303-77 Administrative requirements.
1516.307 Contract clauses.
1516.370 Solicitation provision.
SUBPART 1516.4 —INCENTIVE CONTRACTS
1516.404 Cost-reimbursement incentive contracts.
1516.404-2 Cost-plus-award-fee contracts.
1516.404-272 Definitions.
1516.404-273 Limitations.
1516.404-274 Waiver.
1516.405 Contract clauses.
SUBPART 1516.5 —INDEFINITE-DELIVERY CONTRACTS
1516.505 Contract clauses.
SUBPART 1516.6 —TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER
CONTRACTS
1516.603 Letter Contracts.
1516.603-3 Limitations.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486 (c).
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SUBRART 1516.3 —COST-REIMBURSEMENT CONTRACTS
1516.301-70 Payment of Fee.
The policy of the EPA for cost-reimbursement, term form
contracts is to make provisional payment of fee (i.e. the fixed
fee on cost-plus-fixed-fee type contracts or the base fee on
cost-plus-award-fee type contracts) on a percentage of work
completed basis, when such a method will not prove detrimental to
proper contract performance. Percentage of work completed is the
ratio of the direct labor hours performed in relation to the
direct labor hours set forth in the contract in clause 1552.212-
70, "Level of Effort—Cost Reimbursement Term Contract."
Provisional payment of fee will remain subject to withholding
provisions, such as 48 CFR 52.216-8, Fixed Fee.
1516.303 Cost-Sharing Contracts
1516.303-71 Definition.
Cost-sharing is a generic term denoting any situation where
the Government does not fully reimburse a contractor for all
allowable costs necessary to accomplish the project under the
contract. This term encompasses cost-matching and cost-
limitations, in addition to cost-sharing. Cost-sharing does not
include usual contractual limitations such as indirect cost
ceilings in accordance with FAR 42.707, or ceilings on travel or
other direct costs. Cost-sharing contracts may be required as a
result of Congressional mandate.
1516.303-72 Policy.
(a) The Agency shall use cost-sharing contracts where the
principal purpose is ultimate commercialization and utilization
of technologies by the private sector. There should also be a
reasonable expectation of future economic benefits for the
contractor and the Government beyond the Government's contract.
(b) Cost-sharing may be accomplished by a contribution to
either direct or indirect costs, provided such costs are
reasonable, allocable and allowable in accordance with the cost
principles of the contract. Allowable costs which are absorbed
by the contractor as its share of contract costs may not be
charged directly or indirectly to the Agency or the Federal
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Government.
(c) Unsolicited proposals will be considered on a case-by-
case basis by the Contracting Officer as to the appropriateness
of cost-sharing.
1516.303-73 Types of Cost-Sharing.
(a) Cost-sharing may be accomplished in various forms or
combinations. These include/ but are not limited to: cash
outlays, real property or interest therein, personal property or
services, cost matching, or other in-kind contributions.
(b) In-kind contributions represent non-cash contributions
provided by the performing contractor which would normally be a
charge against the contract. While in-kind contributions are an
acceptable method of cost-sharing, should the booked costs of
property appear unrealistic, the fair market value of the
property shall be determined pursuant to 1516.303-74 of this
chapter.
(c) In-kind contributions may be in the form of personal
property (equipment or supplies) or services which are directly
beneficial, specifically identifiable and necessary for the
performance of the contract. In-kind contributions must meet all
of the following criteria before acceptance.
(1) Be verifiable from the contractor's books and
records;
(2) Not be included as contributions under any other
Federal contract;
(3) Be necessary to accomplish project objectives;
(4) Provide for types of charges that would otherwise
be allowable under applicable Federal cost principles appropriate
to the contractor's organization; and
(5) Not be paid for by the Federal Government under any
contract, agreement or grant.
1516.303-74 Determining the Value of In-Kind Contributions.
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In-kind contributions accepted from a contractor will be
addressed on a case-by-case basis provided the established values
do not exceed fair market values.
(a) Where the Agency receives title to donated land/
building, equipment or supplies and the property is not fully
consumed during performance of the contract/ the Contracting
Officer should establish the property's value based on the
contractor's booked costs (i.e./ acquisition cost less
depreciation, if any) at the time of donation. If the booked
costs reflect unrealistic values when compared to current market
conditions, the Contracting Officer may establish another
appropriate value if supported by an independent appraisal of the
fair market value of the donated property or property in similar
condition and circumstances.
(b) The Contracting Officer will monitor reports of in-kind
costs as they are incurred or recognized during the contract
period of performance to determine that the value of in-kind
services does not exceed fair market values.
(c) The value of any services or the use of personal or real
property donated by a contractor should be established when
necessary in accordance with generally accepted accounting
policies and Federal cost principles.
1516.303-75 Amount of Cost Sharing.
(a) Contractors should contribute a reasonable amount of the
total project cost covered under the contract. The ratio of cost
participation should correlate to the apparent advantages
available to performers and the proximity of implementing
commercialization/ i.e./ the higher the potential for future
profits/ the higher the contractor's share should be.
(b) Fee will not be paid to the contractor or any member of
the contractor team (subcontractors and consultants) which has a
substantial and direct interest in the contract/ or is in a
position to gain long term benefits from the contract. A
vulnerability the Contracting Officer should consider in
reviewing a prime contractor's request for consent to subcontract
is whether subcontractors under prime cost-sharing contracts have
a significant direct interest in the contract to gain long-term
benefits from the contract.
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(c) The Contracting Officer, with the input of technical
experts/ may consider the following factors in determining
reasonable levels of cost sharing:
(1) The availability of the technology to competitors;
(2) Improvements in the contractor's market share
position;
(3) The time and risk necessary to achieve success;
(4) If the results of the project involve patent rights
which could be sold or licensed;
(5) If the contractor has non-Federal sources of funds
to include as cost participation; and
(6) If the contractor has the production and other
capabilities to capitalize the results of the project.
(d) A contractor's cost participation can be provided by
other subcontractors with which it has contractual arrangements
to perform the contract as long as the contractor's cost-sharing
goal is met.
1516.303-76 Fee on Cost-Sharing Contracts by Subcontractors.
(a) Subcontractors under prime cost-sharing contracts who do
not have a significant direct interest in the contract or who are
not in a position to gain long-term benefits from the contract
may earn a fee.
(b) Contracting Officers should be alert to a potential
vulnerability for the Government under cost-sharing contracts
when evaluating proposed subcontractors or consenting to a
subcontract during contract administration/ where the
subcontractor is a wholly-owned subsidiary of the prime. The
vulnerability consists of the subsidiary earning a large amount
of fee, which could be returned to the prime through stock
dividends or other intercompany transactions. This could
circumvent the objective of a cost-sharing contract.
1516.303-77 Administrative Requirements.
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(a) The initial Procurement Request shall reflect the total
estimated cost of the cost-sharing contract. The face page of
the contract award shall indicate the total estimated cost of the
contract/ the Contractor's share of the cost/ and the
Government's share of the cost.
(b) The manner of cost-sharing and how it is to be
accomplished shall be set forth in the contract. Additionally/
contracts which provide for cost-sharing shall require the
contractor to maintain records adequate to reflect the nature and
extent of their cost-sharing as well as those costs charged the
Agency. Such records may be subject to an Agency audit.
1516.307 Contract Clauses.
(a) The Contracting Officer shall insert the clause in
1552.216-71, Date of Incurrence of Cost/ in cost-reimbursement
contracts when an anticipatory cost letter has been issued on the
project.
(b) The Contracting Officer shall insert the clause at
1552.216-74, Payment of Fee/ in solicitations and contracts where
a cost-reimbursement term form contract is contemplated/ unless
the Contracting Officer determines that such a provision would be
detrimental to ensuring proper contract performance.
(c) The Contracting Officer shall insert a clause
substantially the same as 48 CFR 1552.216-76, Estimated Cost and
Cost-Sharing, in solicitations and contracts where the total
incurred costs are shared by the contractor on a straight
percentage basis. The Contracting Officer may develop other
clauses, a appropriate, following the same approach, but
reflecting different cost-sharing arrangements negotiated on
specific contract actions.
1516.370 Solicitation Provision.
The solicitation document shall state whether any cost-
sharing is required, and may set forth a target level of cost-
sharing. Although'technical considerations are normally most
important/ the degree of cost-sharing may be considered in a
selection decision when cost becomes a determinative factor in a
selection decision.
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SUBPART 1516.4 —INCENTIVE CONTRACTS
1516.404 Cost-reimbursement Incentive Contracts.
1516.404-2 Cost-plus-award-fee Contracts.
1516. 404-272 Definitions.
(a) Performance Evaluation Board (PEB). Group of Government
officials responsible for assessing the quality of contract
performance and recommending the appropriate fee.
(b) Fee Determination Official. Individual responsible for
reviewing the recommendations of the PEB and making the final
determination of the amount of award fee to be awarded to the
contractor.
1516.404-273 Limitations.
(a) No award fee may be earned if the Fee Determination
Official determines that contractor performance has been
satisfactory or less than satisfactory. A contractor may earn
award fee only for performance rated above satisfactory or
excellent. All award fee plans shall disclose to offerers the
numerical rating necessary to be deemed "above satisfactory" or
"excellent" for award fee purposes.
(b) The base fee shall not exceed three percent of the
estimated cost of the contract, exclusive of the fee.
(c) Unearned award fee may not be carried forward from one
performance period into a subsequent performance period unless
approved by the FDO.
(d) The payment of award fee on a provisional basis is not
authorized.
1516. 404-274 Waiver.
The Chief of the Contracting Office may waive the
limitations in paragraphs (a)/ (b), and (d) of 1516.404-273 on a
case-by case basis when unusual or compelling circumstances
exist. The waiver shall be supported by a justification and
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coordinated with the Procurement Policy Branch in the Office of
Acquisition Management.
1516.405 Contract Clauses.
(a) The Contracting Officer shall insert the clause at
1552.216-70, Award Fee (SEPT 1995), in solicitations and
contracts when a cost-plus-award-fee contract in contemplated.
(b) The Contracting Officer shall insert the clause at
1552.216-75, Base Fee and Award Fee Proposal (SEPT 1995), in all
solicitations which contemplate the award of cost-plus-award fee
contracts. The Contracting Officer shall insert the appropriate
percentages.
SUBPART 1516.5 ~ INDEFINITE-DELIVERY CONTRACTS
1516.505 Contracts Clauses.
(a) The Contracting Officer shall insert the clause in
1552.216-72, Ordering—By Designated Ordering Officers, in
indefinite delivery/indefinite quantity type solicitations and
contracts.
(b) The Contracting Officer shall insert the clause in
1552.216-73, Fixed Rates for Services—Indefinite
Delivery/Indefinite Quantity Contract, in solicitations and
contracts to specify fixed rates for services.
SUBPART 1516.6 —TIME-AND-MATERIALS, LABOR-HOUR, AND
LETTER CONTRACTS
1516.603 Letter Contracts.
1516.603-3 Limitations.
The CCO is authorized to make the determination in FAR
16.603-3.
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PART 1517
SPECIAL CONTRACTING METHODS
SUBPART 1517.2 — OPTIONS
1517.204 Contracts.
1517.207 Exercise of options.
1517.208 Solicitation provisions and contract clauses.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1517.2 ~ OPTIONS
1517.204 Contracts
The CCO may approve a contract with a base contract period
and option periods which total in excess of five (5) years/
unless otherwise prohibited by statute.
1517.207 Exercise of options.
(a) Unless otherwise approved by the Chief of the
Contracting Office, contracts for services employing option
periods shall require that a preliminary written notice of the
Government's intention to exercise the option be furnished to the
Contractor a minimum of sixty (60) calendar days prior to the
date for the exercise of the option. Failure to provide such
preliminary notice within the time-frame established in the
contract waives the Government's right to unilaterally exercise
the option and requires the negotiation of a bilateral contract
modification in order to extend the period of performance/ where
such an extension is authorized.
(b) When the term of the service contract coincides with the
fiscal year and delays in receipt of authority to obligate funds
for the new fiscal year are anticipated/ the Contracting Officer/
if the contract so provides (see FAR 17.204 (d)), may, within 60
days after the end of the fiscal year/ unilaterally exercise an
option to extend the term of the contract. The option may be
exercised only if funds become available within the 60-day
period. In the event that sufficient funding is not available
within the 60-day period/ the Government waives the right to
exercise the option/ thereby rendering any additional
requirements subject to full and open competition requirements.
(c) The Contracting Officer/ if the contract so provides/
may/ subject to the conditions in FAR 17.204(d), 32.703-2/ and
32.705-1(a)/ exercise an option contingent upon the availability
of funds. To exercise such an option, the contract must contain
the clause in FAR 52.232-18/ Availability of Funds. Under no
circumstances shall any action be taken which could be construed
as creating a legal liability on the part of the Government until
a formal notice of availability of funds in the form of a
contract modification has been issued by the Contracting Officer.
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1517.208 Solicitation provisions and contract clauses.
(a) The Contracting Officer shall insert the solicitation
provision at 1552.217-70, Evaluation of Contract Options, in
Requests for Proposals when options are included.
(b) The Contracting Officer shall insert the clause at
1552.217-71, Option To Extend the Term of the Contract—Cost-Type
Contract/ when applicable.
(c) The Contracting Officer shall insert the clause at
1552.217-72, Option To Extend the Term of the Contract—Cost-
Plus-Award-Fee Contract, when applicable.
(d) The Contracting Officer shall insert the clause at
1552.217-73, Option for Increased Quantity—Cost-Type Contract,
when applicable.
(e) The Contracting Officer shall insert the clause at
1552.217-74, Option for Increased Quantity—Cost-Plus-Award-Fee
Contract, when applicable.
(f) The Contracting Officer shall insert the clause at
1552.217-75, Option To Extend the Effective Period of the
Contract—Time and Materials or Labor Hour Contract, when
applicable.
(g) The Contracting Officer shall insert the clause at
1552.217-76, Option To Extend the Effective Period of the
Contract—Indefinite Delivery/Indefinite Quantity Contract, when
applicable.
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PART 1519
SMALL BUSINESS PROGRAMS
SUBPART 1519.2 — POLICIES
1519.201 Policy.
1519.201-71 Director of Small and Disadvantaged
Business Utilization.
1519.201-72 Small Business Specialists.
1519.202 Specific policies.
1519.202-5 Data collection and reporting requirements.
SUBPART 1519.5 — SET-ASIDES FOR SMALL BUSINESS
1519.501 Review of acquisitions.
1519.503 Class set-aside for construction.
SUBPART 1519.7 — SUBCONTRACTING WITH SMALL BUSINESS AND SMALL
DISADVANTAGED BUSINESS CONCERNS
1519.705 Responsibilities of the contracting officer under
the subcontracting assistance program.
1519.705-2 Determining the need for a subcontracting plan.
1519.705-4 Reviewing the subcontracting plan.
1519.705-70 Synopsis of contracts containing Pub. Law 95-507
subcontracting plans and goals.
AUTHORITY: Sec. 205(0), 63 Stat. 390, as amended, 40 U.S.C.
486 (c).
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SUBPART 1519.2 — POLICIES
1519.201 Policy.
Each program's Assistant or Associate Administrator shall be
responsible for developing its socioeconomic goals on a fiscal
year basis. The goals shall be developed in collaboration with
the supporting Chiefs of Contracting Offices and the local Small
Business Specialist (SBS), and the Office of Small and
Disadvantaged Business Utilization (OSDBU). The goals will be
based on advance procurement plans and past performance. The
goals shall be submitted to the Director, OSDBU, at least thirty
(30) days prior to the start of the fiscal year.
1519.201-71 Director of Small and Disadvantaged Business
Utilization.
The Director, OSDBU, provides guidance and advice, as
appropriate, to Agency program and contracts officials on small
and small disadvantaged business programs. The Director, OSDBU,
is the central point of contact for inquiries concerning the
small and disadvantaged business programs from industry, the
Small Business Administration (SBA), and the Congress, and shall
advise the Administrator and staff of such inquiries as required.
The Director, OSDBU, shall represent the Agency in the
negotiations with the other Government agencies on small and
small disadvantaged business matters.
1519.201-72 Small Business Specialists.
(a) Small Business Specialists (SBS) shall be appointed in
writing for each contracting office. The SBS will normally be
appointed from members of staffs of the appointing authority.
The SBS is administratively responsible directly to the
appointing authority and, on matters relating to small and small
disadvantaged business program activities, receives technical
guidance from the Director, OSDBU. The appointing authorities
are the Chiefs of the Contracting Offices.
(b) A copy of each appointment and termination of all SBSs
shall be forwarded to the Director, OSDBU. In addition to
performing the duties outlined in paragraph (c) of this section
that are normally performed in the activity to which assigned,
the SBS shall perform such additional functions as may be
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prescribed from time to time in furtherance of overall small and
small disadvantaged business utilization program goals. The SBS
may be appointed on either a full or part-time basis; however,
when appointed on a part-time basis, the small business duty
shall take precedence over collateral responsibilities.
(c) The SBS appointed pursuant to (a) above shall perform
the following duties as appropriate:
(1) Maintain a program designed to locate capable small
business sources for current and future
acquisitions;
(2) Coordinate inquiries and requests for advice from
small and small disadvantaged business concerns on
acquisition matters;
(3) Review all proposed solicitations in excess of the
simplified acquisition threshold, assure that small
business concerns will be afforded an equitable
opportunity to compete, and, as appropriate,
initiate recommendations for small business set-
asides, or offers of requirements to the SEA for
the 8 (a) program, and complete EPA Form 1900-37,
"Record of Procurement Request Review," as
appropriate:
(4) Take action to assure the availability of adequate
specifications and drawings, when necessary, to
obtain small business participation in an
acquisition. When small business concerns cannot
be given an opportunity on a current acquisition,
initiate action, in writing, with appropriate
technical and contracting personnel to ensure that
necessary specifications and/or drawings for future
acquisitions are available.
(5) Review proposed contracts for possible breakout of
items or services suitable for acquisition from
small business and small disadvantaged business
concerns;
(6) Advise small businesses with respect to the
financial assistance available under existing laws
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and regulations and assist such concerns in
applying for financial assistance;
(7) Participate in the evaluation of a prime
contractor's small business subcontracting
programs;
(8) Assure that adequate records are maintained, and
accurate reports prepared/ concerning small
business participation in acquisition programs (see
1519.202-5);
(9) Make available to SBA copies of solicitations when
so requested;
(10) Act as liaison with the appropriate SBA office or
representative in connection with set-asides,
certificates of competency, size classification,
and any other matter concerning the small or small
disadvantaged business programs.
1519.202 Specific policies.
1519.202-5 Data collection and reporting requirements.
(a) As required, monthly reports of factual information,
covering acquisition actions and dollars awarded to small
businesses, small disadvantaged businesses, women-owned small
businesses, the Small Business Administration under the authority
of section 8(a) of the Small Business Act, and information on
actions and dollars made under small business set-asides shall be
submitted by the Procurement and Contracts Management Division,
to the Director, OSDBU.
(b) The Financial Management Division will submit to the
Director, OSDBU, a copy of the Small Purchase Activity Report
that shows by each EPA purchasing activity the following
information (cumulative monthly) for small purchases:
(1) Total actions and dollar value of awards;
(2) Total actions and dollar value of awards to all
businesses;
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(3) Total actions and dollar value of awards to small
businesses;
(4) Total actions and dollar value of construction
awards to small businesses made by set-aside;
(5) Total actions and dollar value of small business
awards made by set-asides/ excluding set-asides for
construction;
(6) Total actions and dollar value of awards made to
the Small Business Administration pursuant to
section 8(a) of the Small Business Act; and
(7) Total actions and dollar value of awards made to
small disadvantaged businesses.
(c) The reports identified in Paragraphs (a) and (b) of this
section are to be submitted to the Director/ OSDBU, no later than
the 20th day following the end of the reporting period with the
exception of the last report of the fiscal year which shall be
submitted no later than the 30th day following the end of the
fiscal year.
SUBPART 1519.5 — SET-ASIDES FOR SMALL BUSINESS
1519.501 Review of acquisitions.
(a) If no Small Business Administration (SBA) representative
is available/ the Small Business Specialist (SBS) shall initiate
recommendations to the Contracting Officer for small business
set-asides with respect to individual acquisitions or classes of
acquisitions or portions thereof.
(b) When the SBS has recommended that all, or a portion/ of
an individual acquisition or class of acquisitions be set aside
for small business/ the Contracting Officer shall promptly either
(1) concur in the recommendation or (2) disapprove the
recommendation/ stating in writing the reasons for disapproval.
If the Contracting Officer disapproves the recommendation of the
SBS, the SBS may appeal to the appropriate appointing authority,
whose decision shall be final.
1519.503 Class set-aside for construction.
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(a) Each proposed acquisition for construction estimated to
cost between $10,000 and $1,000,000 shall be set-aside for
exclusive small business participation. Such set-asides shall be
considered to be unilateral small business set-asides/ and shall
be withdrawn in accordance with the procedure of FAR 19.506 only
if found not to serve the best interest of the Government.
(b) Small business set-aside preferences for construction
acquisitions in excess of $1,000,000 shall be considered on a
case-by-case basis.
SUBPART 1519.7 — SUBCONTRACTING WITH SMALL BUSINESS
AND SMALL DISADVANTAGED BUSINESS CONCERNS
1519.705 Responsibilities of the contracting officer under the
subcontracting assistance program.
1519.705-2 Determining the need for a subcontract plan.
One copy of the determination required by FAR 19.705-2(c)
shall be placed in the contract file and one copy provided the
Director, Office of Small and Disadvantaged Business Utilization
(OSDBU).
1519.705-4 Reviewing the subcontracting plan.
In determining the acceptability of a proposed
subcontracting plan, the Contracting Officer shall obtain advice
and recommendations from the OSDBU, which shall in turn
coordinate review by the Small Business Administration
Procurement Center Representative (if any).
1519.705-70 Synopsis of contracts containing Pub. L. 95-507
subcontracting plans and goals.
The synopsis of contract award, where applicable, shall
include a statement identifying the contract as one containing
Pub. L. 95-507 subcontracting plans and goals.
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PART 1522
APPLICATION OF LABOR LAWS
TO GOVERNMENT ACQUISITIONS
SUBPART 1522.8 — EQUAL EMPLOYMENT OPPORTUNITY
1522.803 Responsibilities.
1522.804 Affirmative action programs.
1522.804-2 Construction.
1522.805 Procedures.
AUTHORITY: Sec. 205(0), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1522.8 — EQUAL EMPLOYMENT OPPORTUNITY
1522.803 Responsibilities.
If the applicability of E.O. 11246 and implementing
regulations are questioned/ the Contracting Officer shall route
the matter through the CCO to the EPA Office of Civil Rights.
1522.804 Affirmative action programs.
1522.804-2 Construction.
Each contracting office having construction contract
responsibility shall maintain a list of geographical areas
subject to affirmative action requirements. The list may be
obtained from the Office of Contract Compliance Programs, U.S.
Department of Labor.
1522.805 Procedures.
(a) Preaward clearance requests cited in FAR 22.805(a)(2),
(3), and (5) shall be forwarded to the EPA Office of Civil
Rights. The Contracting Officer shall submit requests for
clearance cited in FAR 22.805(a)(7) through the EPA Office of
Civil Rights.
(b) The Contracting Officer shall obtain posters entitled
"Equal Opportunity Is the Law" from the EPA Office of Civil
Rights.
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PART 1523
ENVIRONMENT, CONSERVATION, OCCUPATIONAL
SAFETY, AND DRUG-FREE WORKPLACE
SUBPART 1523.3 —HAZARDOUS MATERIAL AND MATERIAL SAFETY DATA
1523.303 Contract clause.
1523.303-70 Protection of human subjects.
1523.303-71 Decontamination of government-furnished property.
SUBPART 1523.70—ENERGY-EFFICIENT COMPUTER EQUIPMENT
1523.7000 Background.
1523.7001 Policy.
1523.7002 Waivers.
1523.7003 Contract clause.
AUTHORITY: Sec. 205(0), 63 Stat. 390, as amended, 40 U.S.C.
486 (c).
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SUBPART 1523.3 —HAZARDOUS MATERIAL AND MATERIAL
SAFETY DATA
1523.303 Contract Clause.
1523.303-70 Protection of Human Subjects.
Contracting Officers shall insert the contract clause at
1552.223-70, Protection of Human Subjects/ when the contract
involves human test subjects.
1523.303-71 Decontamination of Government-Furnished Property.
Contracting Officers shall insert the contract clause at
1552.245-70, Decontamination of Government-Furnished Property,
when it is anticipated that a Contractor will use government-
furnished property in the clean-up of hazardous or toxic
substances in the environment.
SUBPART 1523.70 —ENERGY-EFFICIENT COMPUTER EQUIPMENT
1523.7000 Background.
(a) Executive Order 12845 requires the Federal Government to
purchase only microcomputers, including personal computers,
monitors and printers, which meet "EPA Energy Star" requirements
for energy efficiency. This equipment is often identified by the
Energy Star ™ logo and is capable of entering and recovering
from an energy-efficient low power state.
(b) The EPA Energy Star computer Program is a voluntary
partnership effort with the computer industry to promote the
introduction of energy-efficient personal computers, monitors,
and printers which can reduce air pollution caused by utility
power generation, and ease the burden on building air
conditioning and electrical systems. The Energy Star Program is
designed to be a self-certifying computer industry program,
policed informally by the computer industry itself.
(c) FIRMR Bulletin C-35 (dated 11/19/93) describes
procedures that will promote the acquisition of energy-efficient
microcomputers and associated computer equipment.
1523.7001 Policy.
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(a) The "Energy Star" Executive Order (E. 0. 12845) applies
to the following equipment:
(1) Personal Computers (stand-alone).
(2) Personal Computers (end-user on network).
(3) Notebook and other portable computers.
(4) PC printers - laser/ inkjet or matrix (stand-alone
or networked).
(5) High-speed printers used on a PC network (less than
approximately 20 pages per minute).
(6) Monitors (CRT or Flat-panel LCD).
(b) "Energy Star" requirements do not apply to the following
equipment:
(1) Workstations.
(2) File servers.
(3) Mainframe equipment.
(4) Minicomputers.
(5) High-speed printers used with mainframe computers
(30 or more pages per minute).
(6) Mainframe or "dumb" terminals.
(7) X-terminals.
(c) All new acquisitions for microcomputers/ including
personal computers/ monitors/ and printers/ shall contain
specifications which meet EPA Energy Star requirements for energy
efficiency unless a waiver has been obtained in accordance with
internal Agency procedures. The EPA Energy Star requirement
applies in instances where the Contracting Officer authorizes the
contractor to acquire property in accordance with FAR 45.302-1.
(d) The Energy Star requirement also applies "to all
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applicable equipment ordered from GSA Schedule Contracts, open
market buys/ and Bankcard purchases.
1523.7002 Waivers.
(a) There are several types of computer equipment which
technically fall under the current Energy Star Program/ but for
which EPA established blanket waivers because Energy Star
compliant versions of this equipment were unavailable in the
marketplace. Blanket waivers apply to the following types of
equipment:
(1) LAN servers/ including file servers ; application
servers; communication servers; including bridges and routers;
(2) UNIX RISC based processors with their high-end
monitors;
(3) Large LAN printers (greater than 19 pages/minute
output); and
(4) Scientific computing equipment which is used for
real-time data acquisition and which/ if subjected to a power
down mode/ would jeopardize the research project.
(b) It is anticipated that there will be Energy Star models
of this equipment in the future, but in the near term EPA will
not specify Energy Star qualifications when purchasing the items
listed in this section.
1523.7003 Contract Clause.
The Contracting Officer shall insert a clause substantially
the same as 48 CFR 1552.239-103, Acquisition of Energy Star
Compliant Microcomputers, Including Personal Computers, Monitors/
and Printers, in all solicitations and contracts for the
acquisition of microcomputers/ including personal computers/
monitors and printers. The Contracting Officer shall also insert
the clause in solicitations and contracts where the Contracting
Officer authorizes the contractor to acquire property in
accordance with FAR 45.302-1.
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PART 1524
PROTECTION OF PRIVACY AND
FREEDOM OF INFORMATION
Sec.
SUBPART 1524.1 — PROTECTION OF INDIVIDUAL PRIVACY
1524.104 Solicitation provisions.
AUTHORITY: Sec. 205(0), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1524.1 — PROTECTION OF INDIVIDUAL PRIVACY
1524.104 Solicitation provisions.
The Contracting Officer shall insert the provision at
1552.224-70, Social Security Numbers of Consultants and Certain
Sole Proprietors and Privacy Act Statement, in all solicitations.
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PART 1527
PATENTS, DATA, AND COPYRIGHTS
Sec.
SUBPART 1527.4 — RIGHTS IN DATA AND COPYRIGHTS
1527.404 Basic rights in data clause.
1527.409 Solicitation provisions and contract clauses,
AUTHORITY: Sec. 205(0), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1527.4 — RIGHTS IN DATA AND COPYRIGHTS
1527.404 Basic rights in data clause.
The Contracting Officer shall insert in the Limited Rights
Notice when using Alternate II of FAR 52.227-14 the following
purposes for disclosure of limited data outside the Government.
(a) Use (except for manufacture) by support service
contractors;
(b) Evaluation by nongovernment evaluators;
(c) Use (except for manufacture) by other contractors
participating in the Government's program of which the
specific contract is a part/ for information and use in
connection with the work performed under each contract;
(d) Emergency repairs or overhaul work;
(e) Release to foreign government, or instrumentality
thereof, as interests of the United States may require, for
information or evaluation, or for emergency repair or overhaul
work by such government.
1527.409 Solicitation Provisions an Contract Clauses.
The Contracting Officer shall insert the clause in 1552.227-
76 in all Superfund solicitations and contracts in excess of the
simplified acquisition threshold and, as appropriate, in
simplified acquisition procedures. The clause may be used in
other contracts if considered necessary by the Contracting
Officer.
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PART 1529
TAXES
Sec.
SUBPART 1529.3 — STATE AND LOCAL TAXES
1529.303 Application of State and local taxes to
Government contractors and subcontractors.
SUBPART 1529.4 — CONTRACT CLAUSES
1529.401 Domestic Contracts.
1529.401-70 Cost-reimbursable type contracts.
AUTHORITY: Sec. 205(0), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1529.3 — STATE AND LOCAL TAXES
1529.303 Application of State and local taxes to Government
contractors and subcontractors.
Contractors are responsible for determining the availability
of State and local tax exemptions and obtaining such exemptions/
if available/ unless the Contracting Officer determines under FAR
31.205-41(b) (3) that the administrative burden outweighs the
corresponding benefit. Contractors are responsible for ensuring
that subcontractors also seek and obtain such exemptions/ if
available.
SUBPART 1529.4 — CONTRACTS CLAUSES
1529.401 Domestic contracts.
1529.401-70 Cost-reimbursable type contracts.
Contracting Officers shall insert the clause at 1552.229-70
in all solicitations and contracts when it is anticipated a cost-
reimbursable type contract shall be used or a contractor or
subcontractor shall be reimbursed for materials at cost.
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PART 1532
CONTRACT FINANCING
SUBPART 1532.1 — GENERAL
1532.102 Description of contract financing methods.
1532.111 Contract clauses.
1532.170 Forms.
SUBPART 1532.2 — COMMERCIAL ITEM PURCHASE FINANCING
1532.201 Statutory authority.
SUBPART 1532.8 — ASSIGNMENT OF CLAIMS
1532.805 Procedure.
1532.805-70 Forms.
SUBPART 1532.9 — PROMPT PAYMENT
1532.908 Contract clauses.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1532.1 — GENERAL
1532.102 Description of contract financing methods.
Progress payments based on a percentage or stage of
completion are authorized for use as a payment method under EPA
contracts or subcontracts for construction and alteration or
repair of buildings, structures, or other real property.
1532.111 Contract clauses.
The Contracting Officer shall insert the clause at 1552.232-
73, Payments—Fixed Rate Services Contract, in solicitations and
indefinite delivery/indefinite quantity contracts when services
are being acquired on a fixed-rate basis.
1532.170 Forms.
(a) EPA Form 1900-10, Contractor's Cumulative Claim and
Reconciliation, at 1553.232-74, shall be used for an accounting
of the cumulative charges and costs for cost-reimbursement
contracts from inception of the contract to completion. It shall
be submitted by the Contractor upon submission of the completion
voucher.
(b) EPA Form 1900-68, Notice of Contract Costs Suspended
and/or Disallowed, at 1553.232-75, shall be inserted in all cost-
reimbursement type and fixed-rate type contracts.
SUBPART 1532.2 — COMMERCIAL ITEM PURCHASE FINANCING
1532.201 Statutory authority.
Authority for making the determination under FAR 32.201 is
delegated to a level above the Contracting Officer.
SUBPART 1532.8 — ASSIGNMENT OF CLAIMS
1532.805 Procedure.
1532.805-70 Forms.
(a) EPA Form 1900-3, Assignee's Release, at 1553.232-70 is
required to be submitted by the assignee for cost-reimbursement
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contracts prior to final payment under the contract.
(b) EPA Form 1900-4/ Assignee's Assignment of Refunds/
Rebates, Credits, and Other Amounts, at 1553.232-71 must
accompany the assignee's release prior to final payment under
cost-reimbursement contracts.
(c) EPA Form 1900-5, Contractor's Assignment of Refunds,
Rebates, and Credits, at 1553.232-72 must be prepared by the
Contractor prior to final payment under cost-reimbursement
contracts and must accompany the Contractor's Release.
(d) EPA Form 1900-6, Contract's Release, at 1553.232-73 must
be submitted by the Contractor prior to final payment under cost-
reimbursement contracts.
SUBPART 1532.9 — PROMPT PAYMENT
1532.908 Contract clauses.
The Contracting Officer shall insert a clause substantially
the same as that at 1552.232-70 in all solicitations and
contracts for cost reimbursable acquisitions. If a fixed-rate
type contract is contemplated, the Contracting Officer shall use
the clause with its Alternate I.
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PART 1533
PROTESTS, DISPUTES, AND APPEALS
SUBPART 1533.1 — PROTESTS
1533.103 Protests to the Agency.
SUBPART 1533.2 — DISPUTES AND APPEALS
1533.203 Applicability.
1533.212 Contracting Officer's duties upon appeal.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1533.1 — PROTESTS
1533.103 Protests to the Agency.
Protests to the Agency are processed pursuant to the
requirements of FAR 33.103. Contracting Officers must include in
every solicitation the provision at 1552.233.70, Notice of Filing
Requirements for Agency Protests.
SUBPART 1533.2 — DISPUTES AND APPEALS
1533.203 Applicability.
Pursuant to an interagency agreement between the EPA and the
Department of the Interior Board of Contract Appeals (IBCA), the
IBCA will hear appeals from final decisions of EPA Contracting
Officers issued pursuant to the Contract Disputes Act. The rules
and regulations of the IBCA appear in 43 CFR Part 4.
1533.212 Contracting Officer's duties upon appeal.
Upon receipt of notice of appeal/ the Contracting Officer
shall take the following actions:
(a) Submission of the notice of appeal to IBCA.
(1) When a notice of appeal in any form has been
received, the Contracting Officer shall
endorse on it the date of the notice's mailing
(or the date of receipt if the notice was
otherwise conveyed) and within 5 days shall
forward the notice of appeal to the IBCA by
certified mail. The Contracting Officer shall
verbally notify the legal counsel that the
appeal has been received.
(2) A notice of appeal/ whether filed within the
time prescribed by the "Disputes" clause or
not/ shall be submitted to the IBCA. The
Contracting Officer shall forward promptly
every notice of appeal to IBCA even if the
intention to appeal is only vaguely or
indirectly expressed/ and regardless of the
form of the notice, or of the method by which
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the notice was furnished to the Contracting
Officer.
(3) Copies of the notice of appeal shall be sent
simultaneously to the Quality Assurance
Branch/ Office of Acquisition Management and
to legal counsel.
(b) Establishment and submission of appeal files to
IBCA.
(1) Following receipt of a notice of appeal, or
advice that an appeal has been filed, the
Contracting Officer shall promptly compile the
appeal file (copies of all documents pertinent to
the appeal), and four duplicate appeal files. The
file shall include the following:
(i) The findings of fact and the Contracting
Officer's final decision from which the appeal
is taken, and the letter or letters or other
documents of claim in response to which the
decision was issued;
(ii) The contract, and pertinent plans,
specifications, amendments, and change orders;
(iii) Correspondence between the parties and
other data pertinent to the appeal;
(iv) Transcripts of any testimony taken during
the course of proceedings and affidavits, or
statements of any witnesses on the matter in
dispute made prior to the filing of the notice
of appeal with the Board;
(v) Such additional information as may be
considered material.
(2) In addition to the above, the Contracting
Officer shall prepare an index listing each
document included in the file submitted to the
IBCA, and place copies of such index in the
submission and duplicate files.
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(3) Contracting Officers/ in making the submission,
may not submit original documents which are a part
of the official contract file. Copies of the
pertinent documents shall be submitted.
(4) Within 15 days of receipt or advice of a
notice of appeal, the official and two duplicate
files shall be forwarded through legal counsel to
the Office of Acquisition Management for review.
The Office of Acquisition Management shall forward
the official appeal file to the IBCA within the
30-day time limitation set forth in 43 CFR
4.104(a). One duplicate file shall be retained by
the Contracting Officer, one by the Office of
Acquisition Management, and one by legal counsel.
(5) If for any reason the Contracting Officer
anticipates that a timely submission cannot be
made, he/she shall immediately advise legal counsel
by telephone of the extent of the anticipated delay
and the reasons therefor. However, every effort
will be exerted to make timely submissions.
(6) At the time of transmittal of the appeal file
to the Board, the Contracting Officer shall notify
the appellant of the transmittal and provide a copy
of the appeal file to the appellant. Within the
transmittal to the IBCA, the Contracting Officer
shall indicate that the appellant has been provided
with a copy of the appeal file.
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PART 1535
RESEARCH AND DEVELOPMENT
CONTRACTING
1535.007 SOLICITATIONS
1535.007-70 Contract clauses.
AUTHORITY: Sec. 205(0), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1535.007 Solicitations.
(a) Contracting Officers shall insert 48 CFR 1552.235-73,
Access to Federal Insecticide, Fungicide/ and Rodenticide Act
Confidential Business Information, in all solicitations when the
Contracting Officer has determined that EPA may furnish the
contractor with confidential business information which EPA had
obtained from third parties under the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.).
(b) Contracting Officers shall insert 48 CFR 1552.235-75,
Access to Toxic Substances Control Act Confidential Business
Information, in all solicitations when the Contracting Officer
has determined that EPA may furnish the contractor with
confidential business information which EPA had obtained form
third parties under the Toxic Substances Control Act (15 U.S.C.
2601 et seq.).
1535.007-70 Contract clauses.
The following clauses are prescribed for research and
development (R&D) contracts. They may also be used in other than
R&D contracts when applicable (see 1537.110).
(a) The Contracting Officer shall insert the contract
clause at 1552.235-70, Screening Business Information for Claims
of Confidentiality, in contracts when the Contracting Officer has
determined that during performance of this contract, the
contractor may be required to collect information to perform the
work required under this contract. Some of the information may
consist of trade secrets or commercial or financial information
that would be considered as proprietary or confidential by the
business that has the right to the information.
(b) The Contracting Officer shall insert the clause at 48
CFR 1552.235-71, Treatment of Confidential Business Information,
in solicitations and contracts when the Contracting Officer has
determined that in the performance of the contract, EPA may
furnish confidential business information to the contractor
obtained from third parties under the Clean Air Act (42 U.S.C.
7401 et seq.), the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et.
seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301
et. seq.), the Resource Conservation and Recovery Act (42 U.S.C.
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301 et seq.), the Federal Insecticide/ Fungicide and Rodenticide
Act (7 U.S.C. 136 et seq.), the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9601 et
seq.), and the provision at 48 CFR 1552.235-70, Release of
Contractor Confidential Business Information. EPA regulations on
confidentiality of business information in 40 CFR part 2, subpart
B require that the contractor agree to the clause entitled
"Treatment of Confidential Business Information" before any
confidential business information may be furnished to the
contractor.
(c) The Contracting Officer shall insert the clause at
48 CFR 1552.235-76, Treatment of Confidential Business
Information (TSCA), in solicitations and contracts when the
Contracting Officer has determined that in the performance of the
contract, EPA may furnish the contractor with confidential
business information obtained from third parties under the Toxic
Substances Control Act (15 U.S.C. 2601 et seq.). EPA regulations
on confidentiality of business information in 40 CFR part 2,
subpart B require that the contractor agree to the clause
entitled "Treatment of Confidential Business Information" before
any confidential business information may be furnished to the
contractor.
(d) The Contracting Officer shall insert the clause at
48 CFR 1552.235-77, Data Security for Federal Insecticide,
Fungicide, and Rodenticide Act, Confidential Business
Information, when the contract involves access to confidential
business information related to the Federal Insecticide,
Fungicide, and Rodenticide Act, and the Treatment of Confidential
Business Information clause (48 CFR 1552.235-71) and the
Screening Business Information for Claims of Confidentiality
clause (48 CFR 1552.235-70) are included.
(e) The Contracting Officer shall insert the clause at
48 CFR 1552.235-78, Data Security for Toxic Substances Control
Act Confidential Business Information, when the contract involves
access to confidential business information related to the Toxic
Substances Control Act, and the Treatment of Confidential
Business Information clause (48 CFR 1552.235-76) and Screening
Business Information for Claims of Confidentiality clause
(48 CFR 1552.235-70) are included.
(f) Contacting Officers shall insert the clause 48 CFR
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1552.235-79, Release of Contractor Confidential Business
Information, in all solicitations and contracts in order to
authorize the Agency to release confidential business information
under certain circumstances.
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PART 1536
CONSTRUCTION AND
ARCHITECT-ENGINEER
CONTRACTS
Sec.
SUBPART 1536.2 — SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION
1536.201 Evaluation of contractor performance.
1536.209 Construction contracts with architect-engineer
firms.
SUBPART 1536.5 — CONTRACT CLAUSES
1536.521 Specifications and drawings for construction.
SUBPART 1536.6 — ARCHITECT-ENGINEER SERVICES
1536.602 Selection of firms for architect-engineer
contracts.
1536.602-2 Establishment of evaluation boards.
AUTHORITY: Sec. 205(0), 63 Stat. 390, as amended, 40 U.S.C.
486 (c).
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SUBPART 1536.2 — SPECIAL ASPECTS OF CONTRACTING FOR
CONSTRUCTION
1536.201 Evaluation of contractor performance.
(a) The Contracting Officer will obtain input from the
Project Officer on the contractor's performance. The Contracting
Officer will prepare the contractor performance report as
prescribed in FAR 36.201 within two weeks after final acceptance
of the work or contract termination.
(b) Prior to submitting any report of unsatisfactory
performance to the reviewing official, the Contracting Officer
will advise the contractor of any proposed unsatisfactory rating
(see FAR 36.201(a)(3)).
(c) The official at one level above the Contracting Officer
will review each performance report.
(d) The Contracting Officer will forward the original of the
performance report to the Quality Assurance Branch/ Office of
Acquisition Management. The Quality Assurance Branch will file
the form in the contractor performance evaluation files which it
maintains.
(e) The Quality Assurance Branch will review the report when
it is received and compare it with recent evaluations of that
contractor. If the Quality Assurance Branch discerns a pattern
of unsatisfactory performance/ it will notify the Contracting
Officer for possible action, which may include referral of the
matter to the Compliance Staff or to the Inspector General for
investigation.
(f) Information from the performance report shall not be
released outside of the Agency/ except to other Government
agencies at their written request/ and on condition that the
information will not be made available outside the Government.
Requests from non-Government sources for information from
performance reports shall be processed in accordance with EPA's
Freedom of Information Act procedures at 40 CFR Part 2.
1536.209 Construction contracts with architect-engineer firms.
(a) The provisions of FAR 36.209 do not apply to
subcontractors performing treatability studies.
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(b) The provisions of FAR 36.209 also do not apply to
subcontractors whose input during the design phase does not
substantially affect the course of the design work.
(c) Approval under FAR 36.209 is not required for
subcontractors under paragraph (a) or (b) of this section.
Approval for all other subcontractors and prime contractors may
be granted by the Chief of the Contracting Office (CCO). In
reviewing requests for approval/ the CCO shall consider factors
such as the availability of other firms to perform the necessary
construction or Superfund remedial action work, the estimated
cost to the Government, and the policy of the Agency to promote
the use of innovative technology.
SUBPART 1536.5 — CONTRACT CLAUSES
1536.521 Specifications and drawings for construction.
The Contracting Officer shall insert the clause at
1552.236-70, Samples and Certificates, in solicitations and
contracts when a fixed-price construction contract is expected to
exceed the small purchase limitation. The clause may be inserted
in solicitations and contracts when the contract is expected to
be within the small purchase limitation.
SUBPART 1536.6 — ARCHITECT-ENGINEER SERVICES
1536.602 Selection of firms for architect-engineer contracts.
1536.602-2 Establishment of evaluation boards.
(a) The Environmental Protection Agency Architect-Engineer
Evaluation Board is established as a central permanent Board
located at Headquarters EPA under authority delegated to the
Director, Office of Acquisition Management. The Board shall
perform all architect-engineer evaluations on an agency-wide
basis. The Agency Board shall be composed of not less than three
nor more than five voting members and one non-voting advisory
member from the contracting office. The following constitutes
the minimum composition of the Architect-Engineer Evaluation
Board:
(1) Member and Chairperson. Chief, Engineering,
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Planning, and Architecture Branch, Facilities Management and
Services Division or his/her designee;
(2) Member. A professional engineer or architect from
EPA to be designated by the Chairperson;
(3) Member. A program official initiating the re-
quirement or a designated representative; and
(4) Advisory Member. A Contracting Officer or his/her
representative.
(b) The Chief of the Contracting Office (CCQ) is delegated
the authority to appoint either one or two additional voting
members as may be appropriate for a particular project.
(c) In the event of an emergency or extended absence, a
member may designate, in writing, with the concurrence of the
Chairperson, an alternate experienced in architecture, engineer-
ing, or construction to serve in his/her absence.
(d) The duties of the advisory member shall include, but
not be limited to, the following:
(1) assuring that the criteria set forth in the public
notice are applied in the evaluation process; and
(2) assuring that actions taken during the evaluation
process do not compromise subsequent procurement actions.
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PART 1537
SERVICE CONTRACTING
Sec.
SUBPART 1537.1 — SERVICE CONTRACTS-GENERAL
1537.110 Solicitation provisions and contract clauses.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1537.1 ~ SERVICE CONTRACTS-GENERAL
1537.110 Solicitation provisions and contract clauses.
The following clauses are prescribed for service contracts.
They may also be used in research and development contracts when
applicable (see 1535.007-70).
(a) The Contracting Officer shall insert the clause at
1552.237-70 Contract Publication Review Procedures, in
solicitations and contracts when the products of the contract are
subject to contract publication review.
(b) The Contracting Officer shall insert the clause at
1552.237-71, Technical Direction, in cost-reimbursement type
solicitations and contracts.
(c) The Contracting Officer shall insert the clause at
1552.237-72, Key Personnel, in solicitations and contracts when
it is necessary for contract performance to identify contractor
key personnel.
(d) The Contracting Officer shall insert the clause at
1552.237-73, Consultant Services and'Consent, in solicitations
and contracts where the services of consultants are required.
(e) The Contracting Officer shall insert the clause at
1552.237-74, Publicity, in solicitations and contracts pertaining
to the removal or remedial activities under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) .
(f) The Contracting Officer shall insert the clause at
1552.237-75, Paperwork Reduction Act, in solicitations and
contracts requiring the collection of identical information from
ten (10) or more public respondents.
(g) To ensure that Agency contracts are administered so as
to avoid creating an improper employer-employee relationship,
contracting officers shall insert the contract clause at 48 CFR
1552.237-76, "Government-Contractor Relations", in all
solicitations and contracts for non-personal services that exceed
the simplified acquisition threshold.
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PART 1542
CONTRACT ADMINISTRATION
SUBPART 1542.7 — INDIRECT COST RATES
1542.703-2 Certificate of indirect costs.
1542.705 Final indirect cost rates.
1542.705-70 Solicitation and contract clause.
SUBPART 1542.12 — NOVATION AND CHANGE OF NAME AGREEMENTS
1542.1200 Scope of subpart.
1542.1202 Responsibility for executing agreements.
1542.1203 Processing agreements.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1542.7 ~ INDIRECT COST RATES
1542.703-2 Certificate of indirect costs.
The Head of the Contracting Activity may waive the
certification requirement set forth in FAR 42.703-2.
1542.705 Final indirect cost rates.
The EPA shall use the Contracting Officer determination
procedure for all business units for which it shall be required
to negotiate final indirect cost rates.
1542.705-70 Solicitation and contract clause.
The Contracting Officer shall insert the clause in 1552.242-
70, Indirect Costs/ in solicitations and contracts where indirect
costs apply, unless contracting with an educational institution
where there are approved predetermined final indirect cost rates.
SUBPART 1542.12 — NOVATION AND CHANGE
OF NAME AGREEMENTS
1542.1200 Scope of subpart.
This subpart implements FAR Subpart 42.12 and provides
policies and procedures for executing and processing novation and
change-of-name agreements.
1542.1202 Responsibility for executing agreements.
(a) Any EPA contracting office upon being notified of a
successor in interest to, or change of name of, one of its
Contractors shall promptly report such information by memorandum
to the Director, Office of Acquisition Management (0AM).
(b) To avoid duplication of effort on the part of EPA
contracting offices in preparing and executing agreements to
recognize a change of name or successor in interest, only one
supplemental agreement will be prepared to effect necessary
changes for all contracts between EPA and the Contractor
involved. The Chief of the Procurement Policy Branch, Policy
Training and Oversight Division, (PTOD), will, in each case,
designate the Contracting Office responsible for taking all
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necessary and appropriate action with respect to either
recognizing or not recognizing a successor in interest/ or
recognizing a change of name agreement.
1542.1203 Processing agreements.
(a) The responsible contracting office shall:
(1) Obtain from the Contractor a list of all affected
contracts/ the names and addresses of the
contracting offices responsible for these contracts,
and the required documentary evidence.
(2) Verify the accuracy of the list of contracts through
the Contract Information System.
(3) Draft and execute a supplemental agreement to one of
the contracts affected but covering all applicable
outstanding and incomplete contracts affected by the
transfer of assets or change of name. A supplemental
agreement number need not be obtained for contracts
other than for the one under which the supplemental
agreement is written. The supplemental agreement will
contain a list of the contracts affected and/ for
distribution purposes/ the names and addresses of the
contracting offices having contracts subject to the
supplemental agreement.
(b) Agreements and supporting documents covering successors
in interest shall be reviewed for legal sufficiency by legal
counsel.
(c) After execution of the supplemental agreement, the
designated office shall forward an authenticated copy of the
supplemental agreement to the Director, Policy, Training and
Oversight Division, and to each affected contract office.
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PART 1545
GOVERNMENT PROPERTY
SUBPART 1545.1 — GENERAL
1545.106 Government property clauses.
SUBPART 1545.3 — PROVIDING GOVERNMENT PROPERTY TO CONTRACTORS
1545.309 Providing Government production and research
property under special restrictions.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1545.1 — GENERAL
1545.106 Government property clauses.
(a) In accordance with 1523.303-71, the Contracting Officer
shall insert the contract clause at 1552.245-70 when it is
anticipated that a Contractor will use Government-furnished or
contractor-acquired property in the cleanup of hazardous or toxic
substances in the environment.
(b) The Contracting Officer shall insert the contract clause
at 1552.245-71, Government-Furnished Data, in any contract in
which the Government is to furnish data to the Contractor. The
data to be provided shall be identified in the clause.
(c) The Contracting Officer shall insert the contract clause
at 1552.245-72, Fabrication or Acquisition of Nonexpendable
Property, in all cost-reimbursement type contracts or contracts
with cost-reimbursement portions.
SUBPART 1545.3 — PROVIDING GOVERNMENT PROPERTY TO
CONTRACTORS
1545.309 Providing Government production and research property
under special restrictions.
Government production and research property, other than
foundations and similar improvements necessary for installing
special tooling, special test equipment, or plant equipment,
shall not be installed or constructed on land not owned by the
Government in such fashion as to be nonseverable unless the
contract under which the property is provided contains—
(a) One of the provisions in FAR 45.309(a);
(b) A requirement that the Government will have the right to
abandon in place all nonseverable Government property provided;
and
(c) A requirement that the Government will not have any
obligation to disassemble or remove the property or to restore or
to rehabilitate the premises on which the property is located.
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PART 1546
QUALITY ASSURANCE
SUBPART 1546.2 — CONTRACT QUALITY REQUIREMENTS
1546.201 General.
SUBPART 1546.7 — WARRANTIES
1546.704 Authority for use of warranties.
AUTHORITY: Sec. 205 (c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1546.2 — CONTRACT QUALITY REQUIREMENTS
1546.201 General.
(a) The Contracting Officer shall ensure that Procurement
Request/Orders (EPA Form 1900-8) in excess of $25,000 be
accompanied by a Quality Assurance (QA) review form for those
acquisitions in the object classifications prescribed in Chapter
2 of the "Contracts Management Manual" which covers procurement
request preparation.
(b) Where the QA review form provides for the submission of
a QA program plan in an offerer's proposal, the Contracting
Officer shall use the provision shown in 1552.246-70 in the
solicitation.
(c) (1) The Contracting Officer shall include the provision
contained in 1552.246-71 in the solicitation when a QA project
plan is required as part of the proposal submission. The QA
project plan is a specific delineation of an offerer's approach
for accomplishing the QA specification in a Statement of Work.
(2) When a QA project plan is not a required part of the
technical proposal, the Contracting Officer may require the QA
project plan as a deliverable under the contract by use of the
clause in 1552.246-72.
SUBPART 1546.7 — WARRANTIES
1546.704 Authority for use of warranties.
The Contracting Officer shall ensure that the use of a
warranty clause in a contract has the concurrence of the Project
Officer.
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PART 1548
VALUE ENGINEERING
[Reserved]
AUTHORITY: Sec. 205(0), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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PART 1552
SOLICITATION PROVISIONS AND
CONTRACT CLAUSES
Sec.
SUBPART 1552.2 — TEXTS OF PROVISIONS AND CLAUSES
1552.200 Scope of subpart.
1552.203-70 Current/Former Agency Employee Involvement
Certification.
1552.208-70 Printing.
1552.209-70 Organizational Conflict of Interest Notification.
1552.209-71 Organizational Conflicts of Interest.
1552.209-72 Organizational Conflict of Interest Certification.
1552.209-73 Notification of Conflicts of Interest Regarding
Personnel.
1552.209-74 Limitation on Future Contracting.
1552.209-75 Annual Certification.
1552.209-76 Contractor Performance Evaluations.
1552.210-81 Monthly Progress Report IDIQ Contract with CPFF
Pricing Arrangement
1552.211-70 Reports of Work.
1552.211-71 [Reserved.]
1552.211-72 Monthly Progress Report.
1552.211-73 Level of Effort - Cost-Reimbursement Term
Contract.
1552.211-74 Work Assignments.
1552.211-75 Working Files.
1552.211-76 Legal Analysis.
1552.211-77 Final Reports.
1552.211-78 Advisory and Assistance Services.
1552.211-79 Compliance with EPA Policies for Information
Resources Management.
1552.213-70 Notice to Suppliers of Equipment.
1552.214-70 [Reserved.]
1552.214-71 Contract Award - Other Factors - Formal
Advertising.
1552.215-70 EPA Source Evaluation and Selection Procedures—
Negotiated Procurements.
1552.215-71 Evaluation Factors for Award.
1552.215-72 Instructions for the Preparation of Proposals.
1552.215-73 General Financial Organization Information.
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1552.215-74 Advanced Understanding—Uncompensated Time.
1552.215-76 General Financial and Organizational Information.
1552.216-70 Award Fee.
1552.216-71 Date of Incurrence of Cost.
1552.216-72 Ordering - By Designated Ordering Officers.
1552.216-73 Fixed Rates for Services - Indefinite
Delivery/Indefinite Quantity Contract.
1552.216-74 Payment of Fee.
1552.216-75 Base Fee and Award Fee Proposal.
1552.216-76 Estimated Cost and Cost-Sharing.
1552.217-70 Evaluation of Contract Options.
1552.217-71 Option To Extend the Term of the Contract -
Cost-Type Contract.
1552.217-72 Option to Extend the Term of the Contract -
Cost-Plus-Award-Fee Contract.
1552.217-73 Option for Increased Quantity — Cost Type
Contract.
1552.217-74 Option for Increased Quantity — Cost Plus Award
Fee Contract.
1552.217-75 Option To Extend the Effective Period of the
Contract - Time and Materials or Labor-Hour
Contract.
1552.217-76 Option To Extend the Effective Period of the
Contract - Indefinite Delivery/Indefinite
Quantity Contract.
1552.223-70 Protection of Human Subjects.
1552.224-70 Social Security Numbers of Consultants and
Certain Sole Proprietors and Privacy Act
Statement.
1552.227-76 Project Employee Confidentiality Agreement.
1552.229-70 State and Local Taxes.
1552.232-70 Submission of Invoices.
1552.232-73 Payments - Fixed Rate Services Contract.
1552.233-70 Notice of Filing Requirements for Agency Protests.
1552.235-70 Screening Business Information for Claims of
Confidentiality.
1552.235-71 Treatment of Confidential Business Information.
1552.235-72 [Reserved.]
1552.235-73 Access to Federal Insecticide, Fungicide/ and
Rodenticide Act Confidential Business Information
(Apr 1996).
1552.235-74 [Reserved.]
1552.235-75 Access to Toxic Substances Control Act
Confidential Business Information (Apr 1996).
1552.235-76 Treatment of Confidential Business Information
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(TSCA) (Apr 1996).
1552.235-77 Data Security for Federal Insecticide/ Fungicide/
and Rodenticide Act Confidential Business
Information (Dec 1997).
1552.235-78 Data Security for Toxic Substances Control Act
Confidential Business Information (Dec 1997).
1552.235-79 Release of Contractor Confidential Business
Information (Apr 1996).
1552.236-70 Samples and Certificates.
1552.237-70 Contract Publication Review Procedure.
1552.237-71 Technical Direction.
1552.237-72 Key Personnel.
1552.237-73 Consultant Services and Consent.
1552.237-74 Publicity.
1552.237-75 Paperwork Reduction Act.
1552.237-76 Government-Contractor Relations.
1552.239-103 Acquisition of Energy Star Compliant
Microcomputers, Including Personal Computers,
Monitors and Printers.
1552.242-70 Indirect Costs.
1552.245-70 Decontamination of Government Property.
1552.245-71 Government-Furnished Data.
1552.245-72 Fabrication or Acquisition of Nonexpendable
Property.
1552.246-70 Quality Assurance (QA) Program Plan.
1552.246-71 Quality Assurance (QA) Project Plan.
1552.246-72 Quality Assurance (QA) Project Plan
Documentation.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1552.200 Scope of subpart.
This subpart sets for the texts of provisions and clauses
for each provision and clause along with directions for including
it in solicitations and/or contracts.
1552.203-70 Current/Former Agency Employee Involvement
Certification.
As prescribed in 1503.603, insert the following solicitation
provision in all EPA solicitation documents for sole source
acquisitions.
CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT CERTIFICATION
(APR 1984)
The offerer (quoter) hereby certifies that:
(a) He/she is [ ] is not [ ] a former regular or special EPA
employee whose EPA employment terminated within one year prior to
submission of this offer (quote).
(b) He/she does [ ] does not [ ] employ or propose to employ
a current/former regular or special EPA employee whose EPA
employment terminated within one year prior to submission of this
offer (quote) and who has been or will be involved/ directly or
indirectly/ in developing or negotiating this offer (quote) for
the offerer (quoter)/ or in the management, administration or
performance of any contract resulting from this offer (quote).
(c) He/she does [ ] does not [ ] employ or propose to employ
as a consultant or subcontractor under any contract resulting
from this offer (quote) a current/former regular or special EPA
employee whose EPA employment terminated within one year prior to
submission of this offer (quote).
(d) A former regular or special EPA employee whose EPA
employment terminated within one year prior to submission of this
offer (quote) or such former employee's spouse or minor child
does [ ] does not [ ] own or substantially own or control the
offerer's (quoter's) firm.
(e) See EPAAR Part 1503 for definitions of the terms
"regular" and "special employee."
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(End of provision)
1552.208-70 Printing.
As prescribed in 1508.870, insert the following contract
clause in all type contracts which require printing,
duplication, binding, reproduction, and related services and are
subject to the provisions of the Government Printing and Binding
Regulations published by the Joint Committee on Printing,
Congress of the United States.
PRINTING (APR 1984)
Unless otherwise specified in this contract, the Contractor
shall not engage in nor subcontract for, any printing (as that
term is defined in Title I of the Government Printing and Binding
Regulations in effect on the effective date of this contract) in
connection with the performance of work under this contract.
Provided, however, that performance of a requirement under this
contract involving the duplication of less than 5,000 units of
only one page, or less than 25,000 units in the aggregate of
multiple pages, such pages not exceeding a maximum image size of
10 3/4 by 14 1/4 inches, will not be deemed to be printing.
(End of clause)
1552.209-70 Organizational Conflict of Interest
Notification.
As prescribed in 1509.507-1(b), insert the following
solicitation provision in all solicitations.
ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION
(APR 1984)
(a) The prospective contractor certifies, to the best of its
knowledge and belief, that it is not aware of any information
bearing on the existence of any potential organizational conflict
of interest. If the prospective Contractor cannot so certify, it
shall provide a disclosure statement in its proposal which
describes all relevant information concerning any past, present,
or planned interests bearing on whether it (including its chief
executives and directors, or any proposed consultant or
subcontractor) may have a potential organizational conflict of
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interest.
(b) Prospective contractors should refer to FAR Subpart 9.5
and EPAAR Part 1509 for policies and procedures for avoiding,
neutralizing, or mitigating organizational conflicts of interest.
(c) If the Contracting Officer determines that a potential
conflict exists, the prospective contractor shall not receive an
award unless the conflict can be avoided or otherwise resolved
through the inclusion of a special contract clause or other
appropriate means. The terms of any special clause are subject
to negotiation.
(End of provision)
1552.209-71 Organizational Conflicts of Interest.
As prescribed in 1509.507-2, insert the following contract
clause in all contracts except:
(a) When specific clauses are required per EPAAR Part 1509;
(b) When the procurement is with another Federal agency
(however, the provision is included in contracts with SBA and its
subcontractor under the 8(a) program); and
(c) When the procurement is accomplished through simplified
acquisition procedures, use of the clause is optional.
ORGANIZATIONAL CONFLICTS OF INTEREST
(MAY 1994)
(a) The Contractor warrants that, to the best of the
Contractor's knowledge and belief, there are no relevant facts or
circumstances which could give rise to an organizational conflict
of interest, as defined in FAR Subpart 9.5, or that the
Contractor has disclosed all such relevant information.
(b) Prior to commencement of any work, the Contractor
agrees to notify the Contracting Officer immediately that, to the
best of its knowledge and belief, no actual or potential conflict
of interest exists or to identify to the Contracting Officer any
actual or potential conflict of interest the firm may have. In
emergency situations, however, work may begin but notification
shall be made within five (5) working days.
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(c) The Contractor agrees that if an actual or potential
organizational conflict of interest is identified during
performance, the Contractor will immediately make a full
disclosure in writing to the Contracting Officer. This
disclosure shall include a description of actions which the
Contractor has taken or proposes to take, after consultation with
the Contracting Officer, to avoid, mitigate, or neutralize the
actual or potential conflict of interest. The Contractor shall
continue performance until notified by the Contracting Officer of
any contrary action to be taken.
(d) The Contractor further agrees to insert in any
subcontract or consultant agreement hereunder, provisions which
shall conform substantially to the language of this clause,
including this paragraph (d).
(e) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for well drilling, fence erecting,
plumbing, utility hookups, security guard services, or electrical
services, provisions which shall conform substantially to the
language of this clause, including this paragraph (e), unless
otherwise authorized by the Contracting Officer.
(End of clause)
ALTERNATE I
Contracts for other than Superfund work shall include
Alternate I in this clause in lieu of paragraph (e) .
(e) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder provisions which shall
conform substantially to the language of this clause, including
this paragraph, unless otherwise authorized by the Contracting
Officer.
1552.209-72 Organizational Conflict of* Interest Certification.
As prescribed in 1509.507-1(b), insert the following
provision in all solicitation documents when applicable.
ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION
(APR 1984)
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The offerer [ ] is [ ] is not aware of any information
bearing on the existence of any potential organizational conflict
of interest. If the offerer is aware of information bearing on
whether a potential conflict may exist/ the offerer shall provide
a disclosure statement describing this information. (See Section
L of the solicitation for further information.)
(End of provision)
1552.209-73 Notification of Conflicts of Interest Regarding
Personnel
As prescribed in 1509.507-2(b) insert the following clause:
NOTIFICATION OF CONFLICTS OF INTEREST
REGARDING PERSONNEL (MAY 1994)
(a) In addition to the requirements of the contract clause
entitled "Organizational Conflicts of Interest," the following
provisions with regard to employee personnel performing under
this contract shall apply until the earlier of the following two
dates: the termination date of the affected employee(s) or the
expiration date of the contract.
(b) The Contractor agrees to notify immediately the EPA
Project Officer and the Contracting Officer of (1) any actual or
potential personal conflict of interest with regard to any of its
employees working on or having access to information regarding
this contract, or (2) any such conflicts concerning subcontractor
employees or consultants working on or having access to
information regarding this contract, when such conflicts have
been reported to the Contractor. A personal conflict of interest
is defined as a relationship of an employee, subcontractor
employee, or consultant with an entity that may impair the
objectivity of the employee, subcontractor employee, or
consultant in performing the contract work.
(c) The Contractor agrees to notify each Project Officer and
Contracting Officer prior to incurring costs for that employee's
work when an employee may have a personal conflict of interest.
In the event that the personal conflict of interest does not
become known until after performance on the contract begins, the
Contractor shall immediately notify the Contracting Officer of
the personal conflict of interest. The Contractor shall continue
performance of this contract until notified by the Contracting
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Officer of the appropriate action to be taken.
(d) The Contractor agrees to insert in any subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for well drilling, fence erecting,
plumbing, utility hookups, security guard services, or electrical
services, provisions which shall conform substantially to the
language of this clause, including this paragraph (d), unless
otherwise authorized by the Contracting Officer.
1552.209-74 Limitation of Future Contracting.
As prescribed in 1509.507-2(c), insert the following clause
or alternate:
LIMITATION OF FUTURE CONTRACTING (ARCS)
(MAR 1997)
(a) The parties to this contract agree that the Contractor
will be restricted in its future contracting in the manner
described below. Except as specifically provided in this clause,
the Contractor shall be free to compete for contracts on an equal
basis with other companies.
(b) The Contractor will be ineligible to enter into a
contract for remedial action projects for which the Contractor
has developed the statement of work or the solicitation package.
(c) The following applies when ARCS work is performed under
this contract and when both ARCS work and Field Investigative
Team (FIT) work are performed on the same site under this
contract: Unless prior written approval is obtained from the
cognizant EPA Contracting Officer, the Contractor, during the
life of the work assignment and for a period of five (5) years
after the completion of the work assignment, agrees not to enter
into a contract with or to represent any party, other than EPA,
with respect to: (1) any work relating to CERCLA activities
which pertain to a site where the Contractor previously performed
work for EPA under this contract; or (2) any work that may
jeopardize CERCLA enforcement actions which pertain to a site
where the Contractor previously performed work for the EPA under
this contract.
(d) The following applies to FIT work at sites under this
contract where only FIT work is performed, except for those sites
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where EPA has made a determination of "no further remedial action
planned" (NFRAP): Unless prior written approval is obtained from
the cognizant EPA Contracting Officer/ the Contractor/ during the
life of the work assignment and for a period of three (3) years
after the completion of the work assignment/ agrees not to enter
into a contract with or to represent any party, other than EPA,
with respect to: (1) any work relating to CERCLA activities
which pertain to a site where the Contractor previously performed
work for EPA under this contract; or (2) any work that may
jeopardize CERCLA enforcement actions which pertain to a site
where the Contractor previously performed work for the EPA under
this contract.
(e) The Contractor and any subcontractors, during the life
of this contract, shall be ineligible to enter into an EPA
contract or a subcontract under an EPA contract, which supports
EPA's performance of Superfund Headquarters policy work including
support for the analysis and development of regulations,
policies/ or guidance that govern/ affect, or relate to the
conduct of response action activities/ unless otherwise
authorized by the Contracting Officer. Examples of such
contracts include, but are not limited to, Superfund Management
and Analytical support contracts/ and Superfund Technical and
Analytical support contracts.
(f) The Contractor agrees in advance that if any
bids/proposals are submitted for any work that would require
written approval of the Contracting Officer prior to entering
into a contract subject to the restrictions of this clause/ then
the bids/proposals are submitted at the Contractor's own risk.
Therefore/ no claim shall be made against the Government to
recover bid/proposal costs as a direct cost whether the request
for authorization to enter into the contract is denied or
approved.
(g) To the extent that the work under this contract requires
access to proprietary or confidential business or financial data
of other companies/ and as long as such data remains proprietary
or confidential/ the Contractor shall protect such data from
unauthorized use and disclosure.
(h) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder/ except for subcontracts or
consultant agreements for nondiscretionary technical or
engineering services, including treatability studies, well
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drilling/ fence erecting/ plumbing, utility hookups, security
guard services, or electrical services, provisions which shall
conform substantially to the language of this clause, including
this paragraph (g) unless otherwise authorized by the Contracting
Officer. The Contractor may request in writing that the
Contracting Officer exempt from this clause a particular
subcontract or consultant agreement for nondiscretionary
technical or engineering services not specifically listed above,
including laboratory analysis. The Contracting Officer will
review and evaluate each request on a case-by-case basis before
approving or disapproving the request.
(i) If the Contractor seeks an expedited decision regarding
its initial future contracting request, the Contractor may submit
its request to both the Contracting Officer and the next
administrative level within the Contracting Officer's
organization.
(j) A review process available to the Contractor when an
adverse determination is received shall consist of a request for
reconsideration to the Contracting Officer or a request for
review submitted to the next administrative level within the
Contracting Officer's organization. An adverse determination
resulting from a request for reconsideration by the Contracting
Officer will not preclude the contractor from requesting a review
by the next administrative level. Either a request for review or
a request for reconsideration must be submitted to the
appropriate level within 30 calendar days after receipt of the
initial adverse determination.
(End of clause)
LIMITATION OF FUTURE CONTRACTING
ALTERNATE I (TCRR) (MAR 1997)
(a) The parties to this contract agree that the Contractor
will be restricted in its future contracting in the manner
described below. Except as specifically provided in this clause/
the Contractor shall be free to compete for contracts on an equal
basis with other companies.
(b) If the Contractor/ under the terms of this contract, or
through the performance of work pursuant to this contract/ is
required to develop specifications or statements o'f work and such
specifications or statements of work are incorporated into an EPA
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solicitation, the Contractor shall be ineligible to perform the
work described in that solicitation as a prime Contractor or
subcontractor under an ensuing EPA contract.
(c) Unless prior written approval is obtained from the
cognizant EPA Contracting Officer, the Contractor, during the
life of the delivery order or tasking document and for a period
of five (5) years after the completion of the delivery order or
tasking document, agrees not to enter into a contract with or to
represent any party, other than EPA, with respect to: (1) any
work relating to CERCLA activities which pertain to a site where
the Contractor previously performed work for EPA under this
contract; or (2) any work that may jeopardize CERCLA enforcement
actions which pertain to a site where the Contractor previously
performed work for the EPA under this contract.
(d) During the life of this contract, including any options,
the Contractor agrees that unless otherwise authorized by the
Contracting Officer:
(1) It will not provide any Technical Assistance Team
(TAT) type activities (e.g., TAT contracts) to EPA
within the Contractor's Time Critical Rapid Response
(TCRR) assigned geographical area(s), either as a prime
contractor, subcontractor, or consultant.
(2) It will not provide any Technical Assistance Team
(TAT) type activities (e.g., TAT contracts) to EPA as a
prime contractor, subcontractor or consultant at a site
where it has performed or plans to perform TCRR work.
(3) It will be ineligible for award of TAT type
activities contracts for sites within its respective
TCRR assigned geographical area(s) which result from a
CERCLA administrative order, a CERCLA or RCRA consent
decree or a court order.
(e) The Contractor and any subcontractors, during the life
of this contract, shall be ineligible to enter into an EPA
contract or a subcontract under an EPA contract, which supports
EPA's performance of Superfund Headquarters policy work,
including support for the analysis and development of
regulations, policies, or guidance that govern, affect, or relate
to the conduct of response action activities, unless otherwise
authorized by the Contracting Officer. Examples of such
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contracts include/ but are not limited to, Superfund Management
and Analytical support contracts, and Superfund Technical and
Analytical support contracts.
(f) The Contractor agrees in advance that if any
bids/proposals are submitted for any work that would require
written approval of the Contracting Officer prior to entering
into a contract subject to the restrictions of this clause, then
the bids/proposals are submitted at the Contractor's own risk.
Therefore, no claim shall be made against the Government to
recover bid/proposal costs as a direct cost whether the request
for authorization to enter into the contract is denied or
approved.
(g) To the extent that the work under this contract requires
access to proprietary or confidential business or financial data
of other companies, and as long as such data remains proprietary
or confidential, the Contractor shall protect such data from
unauthorized use and disclosure.
(h) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or
engineering services, including treatability studies, well
drilling, fence erecting, plumbing, utility hookups, security
guard services, or electrical services, provisions which shall
conform substantially to the language of this clause, including
this paragraph (g) unless otherwise authorized by the Contracting
Officer. The Contractor may request in writing that the
Contracting Officer exempt from this clause a particular
subcontract or consultant agreement for nondiscretionary
technical or engineering services not specifically listed above,
including laboratory analysis. The Contracting Officer will
review and evaluate each request on a case-by-case basis before
approving or disapproving the request.
(i) If the Contractor seeks an expedited decision regarding
its initial future contracting request, the Contractor may submit
its request to both the Contracting Officer and the next
administrative level within the Contracting Officer's
organization.
(j) A review process available to the Contractor when an
adverse determination is received shall consist of" a request for
reconsideration to the Contracting Officer or a request for
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review submitted to the next administrative level within the
Contracting Officer's organization. An adverse determination
resulting from a request for reconsideration by the Contracting
Officer will not preclude the Contractor from requesting a review
by the next administrative level. Either a request for review or
a request for reconsideration must be submitted to the
appropriate level within 30 calendar days after receipt of the
initial adverse determination.
(End of clause)
LIMITATION OF FUTURE CONTRACTING
ALTERNATE II (TAT) (MAR 1997)
(a) The parties to this contract agree that the Contractor
will be restricted in its future contracting in the manner
described below. Except as specifically provided in this clause,
the Contractor shall be free to compete for contracts on an equal
basis with other companies.
(b) If the Contractor, under the terms of this contract, or
through the performance of work pursuant to this contract, is
required to develop specifications or statements of work and such
specifications or statements of work are incorporated into an EPA
solicitation, the Contractor shall be ineligible to perform the
work described in that solicitation as a prime Contractor or
subcontractor under an ensuing EPA contract.
(c) Unless prior written approval is obtained from the
cognizant EPA Contracting Officer, the Contractor, during the
life of the technical direction document and for a period of five
(5) years after the completion of the technical direction
document, agrees not to enter into a contract with or to
represent any party, other than EPA, with respect to: (1) any
work relating to CERCLA activities which pertain to a site where
the Contractor previously performed work for EPA under this
contract; or (2) any work that may jeopardize CERCLA enforcement
actions which pertain to a site where the Contractor previously
performed work for the EPA under this contract.
(d) During the life of this contract, including any options,
the Contractor agrees that unless otherwise authorized by the
Contracting Officer:
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(1) It will not provide to EPA cleanup services (e.g.,
Time Critical Rapid Response (TCRR) contracts) within
the Contractor's Technical Assistance Team (TAT)
assigned geographical area(s), either as a prime
Contractor/ subcontractor, or consultant.
(2) Unless an individual design for the site has been
prepared by a third party, it will not provide to EPA
as a prime contractor, subcontractor or consultant any
remedial construction services at a site where it has
performed or plans to perform TAT work. This clause
will not preclude TAT contractors from performing
construction management services under other EPA
contracts.
(3) It will be ineligible for award of TCRR type
activities contracts for sites within its respective
TAT assigned geographical area(s) which result from a
CERCLA administrative order, a CERCLA or RCRA consent
decree or a court order.
(e) The Contractor and any subcontractors, during the life
of this contract, shall be ineligible to enter into an EPA
contract or a subcontract under an EPA contract, which supports
EPA's performance of Superfund Headquarters policy work,
including support for the analysis and development of
regulations, policies, or guidance that govern, affect, or relate
to the conduct of response action activities, unless otherwise
authorized by the Contracting Officer. Examples of such
contracts include, but are not limited to, Superfund Management
and Analytical support contracts, and Superfund Technical and
Analytical support contracts.
(f) The Contractor agrees in advance that if any
bids/proposals are submitted for any work that would require
written approval of the Contracting Officer prior to entering
into a contract subject to the restrictions of this clause, then
the bids/proposals are submitted at the Contractor's own risk.
Therefore, no claim shall be made against the Government to
recover bid/proposal costs as a direct cost whether the request
for authorization to enter into the contract is denied or
approved.
(g) To the extent that the work under this contract requires
access to proprietary or confidential business or financial data
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of other companies, and as long as such data remains proprietary
or confidential, the Contractor shall protect such data from
unauthorized use and disclosure.
(h) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or
engineering services, including treatability studies, well
drilling, fence erecting, plumbing, utility hookups, security
guard services, or electrical services, provisions which shall
conform substantially to the language of this clause, including
this paragraph (g) unless otherwise authorized by the Contracting
Officer. The Contractor may request in writing that the
Contracting Officer exempt from this clause a particular
subcontract or consultant agreement for nondiscretionary
technical or engineering services not specifically listed above,
including laboratory analysis. The Contracting Officer will
review and evaluate each request on a case-by-case basis before
approving or disapproving the request.
(i) If the Contractor seeks an expedited decision regarding
its initial future contracting request, the Contractor may submit
its request to both the Contracting Officer and the next
administrative level within the Contracting Officer's
organization.
(j) A review process available to the Contractor when an
adverse determination is received shall consist of a request for
reconsideration to the Contracting Officer or a request for
review submitted to the next administrative level within the
Contracting Officer's organization. An adverse determination
resulting from a request for reconsideration by the Contracting
Officer will not preclude the Contractor from requesting a review
by the next administrative level. Either a request for review or
a request for reconsideration must be submitted to the
appropriate level within 30 calendar days after receipt of the
initial adverse determination.
(End of clause)
LIMITATION OF FUTURE CONTRACTING
ALTERNATE III (ESAT) (MAR 1997)
(a) The parties to this contract agree that the Contractor
will be restricted in its future contracting in the manner
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described below. Except as specifically provided in this clause/
the Contractor shall be free to compete for contracts on an equal
basis with other companies.
(b) If the Contractor, under the terms of this contract, or
through the performance of work pursuant to this contract, is
required to develop specifications or statements of work and such
specifications or statements of work are incorporated into an EPA
solicitation, the Contractor shall be ineligible to perform the
work described in that solicitation as a prime Contractor or
subcontractor under an ensuing EPA contract.
(c) The Contractor and any subcontractors, during the life
of this contract, shall be ineligible to enter into an EPA
contract or a subcontract under an EPA contract, which supports
EPA's performance of Superfund Headquarters policy work,
including support for the analysis and development of
regulations, policies, or guidance that govern, affect, or relate
to the conduct of response action activities, unless otherwise
authorized by the Contracting Officer. Examples of such
contracts include, but are not limited to, Superfund Management
and Analytical support contracts, and Superfund Technical and
Analytical support contracts.
(d) To the extent that the work under this contract requires
access to proprietary or confidential business or financial data
of other companies, and as long as such data remains proprietary
or confidential, the Contractor shall protect such data from
unauthorized use and disclosure.
(e) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or
engineering services, including treatability studies, well
drilling, fence erecting, plumbing, utility hookups, security
guard services, or electrical services, provisions which shall
conform substantially to the language of this clause, including
this paragraph (d) unless otherwise authorized by the Contracting
Officer. The Contractor may request in writing that the
Contracting Officer exempt from this clause a particular
subcontract or consultant agreement for nondiscretionary
technical or engineering services not specifically listed above,
including laboratory analysis. The Contracting Officer will
review and evaluate each request on a case-by-case" basis before
approving or disapproving the request.
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(f) If the Contractor seeks an expedited decision regarding
its initial future contracting request, the contractor may submit
its request to both the Contracting Officer and the next
administrative level within the Contracting Officer's
organization.
(g) A review process available to the Contractor when an
adverse determination is received shall consist of a request for
reconsideration to the Contracting Officer or a request for
review submitted to the next administrative level within the
Contracting Officer's organization. An adverse determination
resulting from a request for reconsideration by the Contracting
Officer will not preclude the Contractor from requesting a review
by the next administrative level. Either a request for review or
a request for reconsideration must be submitted to the
appropriate level within 30 calendar days after receipt of the
initial adverse determination.
(End of clause)
LIMITATION OF FUTURE CONTRACTING
ALTERNATE IV (TES) (MAR 1997)
(a) The parties to this contract agree that the Contractor
will be restricted in its future contracting in the manner
described below. Except as specifically provided in this clause,
the Contractor shall be free to compete for contracts on an equal
basis with other companies.
(b) During the performance period of this contract, the
Contractor will be ineligible to enter into any contract for
remedial planning and/or implementation projects for sites within
the assigned geographical area(s) covered by this contract
without the prior written approval of the EPA Contracting
Officer.
(c) If the Contractor, under the terms of this contract, or
through the performance of work pursuant to this contract, is
required to develop specifications or statements of work and such
specifications or statements of work are incorporated into an EPA
solicitation, the Contractor shall be ineligible to perform the
work described in that solicitation as a prime Contractor or
subcontractor under an ensuing EPA contract.
(d) Unless prior written approval is obtained from the
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cognizant EPA Contracting Officer/ the Contractor, during the
life of the work assignment and for a period of seven (7) years
after the completion of the work assignment/ agrees not to enter
into a contract with or to represent any party/ other than EPA,
with respect to: (1) any work relating to CERCLA activities
which pertain to a site where the Contractor previously performed
work for EPA under this contract; or (2) any work that may
jeopardize CERCLA enforcement actions which pertain to a site
where the Contractor previously performed work for the EPA under
this contract.
(e) The Contractor and any subcontractors/ during the life
of this contract/ shall be ineligible to enter into an EPA
contract or a subcontract under an EPA contract/ which supports
EPA's performance of Superfund Headquarters policy work including
support for the analysis and development of regulations/
policies/ or guidance that govern, affect/ or relate to the
conduct of response action activities/ unless authorized by the
Contracting Officer. Examples of such contracts include/ but are
not limited to/ Superfund Management and Analytical support
contracts/ and Superfund Technical and Analytical support
contracts.
(f) The Contractor agrees in advance that if any
bids/proposals are submitted for any work that would require
written approval of the Contracting Officer prior to entering
into a contract subject to the restrictions of this clause, then
the bids/proposals are submitted at the Contractor's own risk.
Therefore/ no claim shall be made against the Government to
recover bid/proposal costs as a direct cost whether the request
for authorization to enter into the contract is denied or
approved.
(g) To the extent that the work under this contract requires
access to proprietary or confidential business or financial data
of other companies/ and as long as such data remains proprietary
or confidential, the Contractor shall protect such data from
unauthorized use and disclosure.
(h) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or
engineering services, including treatability studies, well
drilling, fence erecting, plumbing/ utility hookups/ security
guard services, or electrical services/ provisions which shall
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conform substantially to the language of this clause/ including
this paragraph (g) unless otherwise authorized by the Contracting
Officer. The Contractor may request in writing that the
Contracting Officer exempt from this clause a particular
subcontract or consultant agreement for nondiscretionary
technical or engineering services not specifically listed above/
including laboratory analysis. The Contracting Officer will
review and evaluate each request on a case-by-case basis before
approving or disapproving the request.
(i) If the Contractor seeks an expedited decision regarding
its initial future contracting request/ the Contractor may submit
its request to both the Contracting Officer and the next
administrative level within the Contracting Officer's
organization.
(j) A review process available to the Contractor when an
adverse determination is received shall consist of a request for
reconsideration to the Contracting Officer or a request for
review submitted to the next administrative level within the
Contracting Officer's organization. An adverse determination
resulting from a request for reconsideration by the Contracting
Officer will not preclude the Contractor from requesting a review
by the next administrative level. Either a request for review or
a request for reconsideration must be submitted to the
appropriate level within 30 calendar days after receipt of the
initial adverse determination.
(End of clause)
LIMITATION OF FUTURE CONTRACTING
ALTERNATE V (Headquarters Support)
(MAY 1994)
(a) The parties to this contract agree that the Contractor
will be restricted in its future contracting in the manner
described below. Except as specifically provided in this clause/
the Contractor shall be free to compete for contracts on an equal
basis with other companies.
(b) If the Contractor, under the terms of this contract, or
through the performance of work pursuant to this contract, is
required to develop specifications or statements of work and such
specifications or statements of work are incorporated into an EPA
solicitation, the Contractor shall be ineligible to perform the
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work described in that solicitation as a prime Contractor or
subcontractor under an ensuing EPA contract.
(c) The Contractor/ during the life of this contract/ will
be ineligible to enter into a contract with EPA to perform
response action work (e.g., Alternative Remedial Contracting
Strategy (ARCS), Time Critical Rapid Response (TCRR)/ Technical
Assistance Team (TAT)/ and Technical Enforcement Support (TES)
contracts)/ unless otherwise authorized by the Contracting
Officer.
(d) The Contractor agrees in advance that if any
bids/proposals are submitted for any work that would require
written approval of the Contracting Officer prior to entering
into a contract subject to the restrictions of this clause/ then
the bids/proposals are submitted at the Contractor's own risk.
Therefore/ no claim shall be made against the Government to
recover bid/proposal costs as a direct cost whether the request
for authorization to enter into the contract is denied or
approved.
(e) To the extent that the work under this contract requires
access to proprietary or confidential business or financial data
of other companies/ and as long as such data remains proprietary
or confidential, the Contractor shall protect such data from
unauthorized use and disclosure.
(f) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or
engineering services, including treatability studies/ well
drilling, fence erecting, plumbing, utility hookups/ security
guard services, or electrical services, provisions which shall
conform substantially to the language of this clause/ including
this paragraph (f) unless otherwise authorized by the Contracting
Officer. The Contractor may request in writing that the
Contracting Officer exempt from this clause a particular
subcontract or consultant agreement for nondiscretionary
technical or engineering services not specifically listed above,
including laboratory analysis. The Contracting Officer will
review and evaluate each request on a case-by-case basis before
approving or disapproving the request.
(g) If the Contractor seeks an expedited decision regarding
its initial future contracting request, the Contractor may submit
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its request to both the Contracting Officer and the next
administrative level within the Contracting Officer's
organization.
(h) A review process available to the Contractor when an
adverse determination is received shall consist of a request for
reconsideration to the Contracting Officer or a request for
review submitted to the next administrative level within the
Contracting Officer's organization. An adverse determination
resulting from a request for reconsideration by the Contracting
Officer will not preclude the Contractor from requesting a review
by the next administrative level. Either a request for review or
a request for reconsideration must be submitted to the
appropriate level within 30 calendar days after receipt of the
initial adverse determination.
(End of clause)
LIMITATION OF FUTURE CONTRACTING
ALTERNATE VI (Site Specific)
(MAR 1997)
(a) The parties to this contract agree that the Contractor
will be restricted in its future contracting in the manner
described below. Except as specifically provided in this clause,
the Contractor shall be free to compete for contracts on an equal
basis with other companies.
(b) If the Contractor, under the terms of this contract, or
through the performance of work pursuant to this contract, is
required to develop specifications or statements of work and such
specifications or statements of work are incorporated into an EPA
solicitation, the Contractor shall be ineligible to perform the
work described in that solicitation as a prime Contractor or
subcontractor under an ensuing EPA contract.
(c) Unless prior written approval is obtained from the
cognizant EPA Contracting Officer, the Contractor, during the
life of the contract and for a period of five (5) years after the
expiration of the contract agrees not to enter into a contract
with or to represent any party, other than EPA, with respect to:
(1) any work relating to CERCLA activities which pertain to the
site where the Contractor previously performed work for EPA under
this contract; or (2) any work that may jeopardize" CERCLA
enforcement actions which pertain to the site where the
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Contractor previously performed work for the EPA under this
contract.
(d) During the life of this contract/ including any options,
the Contractor agrees that unless otherwise authorized by the
Contracting Officer:
(1) It will not provide any Technical Assistance Team
(TAT) type activities (e.g., TAT contracts) to EPA on
the site either as a prime contractor, subcontractor,
or consultant.
(2) It will be ineligible for award of contracts
pertaining to this site which result from a CERCLA
administrative order, a CERCLA or RCRA consent decree
or a court order.
(e) The Contractor and any subcontractors, during the life
of this contract, shall be ineligible to enter into an EPA
contract or a subcontract under an EPA contract, which supports
EPA's performance of Superfund Headquarters policy work including
support for the analysis and development of regulations,
policies, or guidance that govern, affect, or relate to the
conduct of response action activities, unless authorized by the
Contracting Officer. Examples of such contracts include, but are
not limited to, Superfund Management and Analytical support
contracts, and Superfund Technical and Analytical support
contracts.
(f) The Contractor agrees in advance that if any
bids/proposals are submitted for any work that would require
written approval of the Contracting Officer prior to entering
into a contract subject to the restrictions of this clause, then
the bids/proposals are submitted at the Contractor's own risk.
Therefore, no claim shall be made against the Government to
recover bid/proposal costs as a direct cost whether the request
for authorization to enter into the contract is denied or
approved.
(g) To the extent that the work under this contract requires
access to proprietary or confidential business or financial data
of other companies, and as long as such data remains proprietary
or confidential, the Contractor shall protect such data from
unauthorized use and disclosure.
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(h) Contractors who are performing nondiscretionary
technical or engineering services/ including construction work,
may request a waiver from or modification to this clause by
submitting a written request to the Contracting Officer. The
Contracting Officer shall make the determination regarding
whether to waive or modify the clause on a case-by-case basis.
(i) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or
engineering services, including treatability studies, well
drilling, fence erecting, plumbing, utility hookups, security
guard services, or electrical services, provisions which shall
conform substantially to the language of this clause, including
this paragraph (h) unless otherwise authorized by the Contracting
Officer. The Contractor may request in writing that the
Contracting Officer exempt from this clause a particular
subcontract or consultant agreement for nondiscretionary
technical or engineering services not specifically listed above,
including laboratory analysis. The Contracting Officer will
review and evaluate each request on a case-by-case basis before
approving or disapproving the request.
(j) If the Contractor seeks an expedited decision regarding
its initial future contracting request, the Contractor may submit
its request to both the Contracting Officer and the next
Administrative level within the Contracting Officer's
organization.
(k) A review process available to the Contractor when an
adverse determination is received shall consist of a request for
reconsideration to the Contracting Officer or a request for
review submitted to the next administrative level within the
Contracting Officer's organization. An adverse determination
resulting from a request for reconsideration by the Contracting
Officer will not preclude the Contractor from requesting a review
by the next administrative level. Either a request for review or
a request for reconsideration must be submitted to the
appropriate level within 30 calendar days after receipt of the
initial adverse determination.
(End of clause)
1552.209-75 Annual Certification.
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As prescribed in 1509.507-2(d), insert the following clause:
ANNUAL CERTIFICATION
(MAY 1994)
The Contractor shall submit an annual conflict of interest
certification to the Contracting Officer. In this certification,
the Contractor shall certify annually that, to the best of the
Contractor's knowledge and belief, all actual or potential
organizational conflicts of interest have been reported to EPA.
In addition, in this annual certification, the Contractor shall
certify that it has informed its personnel who perform work under
EPA contracts or relating to EPA contracts of their obligation to
report personal and organizational conflicts of interest to the
Contractor. Such certification must be signed by a senior
executive of the company and submitted in accordance with
instructions provided by the Contracting Officer. The initial
certification shall cover the one-year period from the date of
contract award, and all subsequent certifications shall cover
successive annual periods thereafter, until expiration or
termination of the contract. The certification must be received
by the Contracting Officer no later than 45 days after the close
of the certification period covered.
(End of clause)
1552.209-76 Contractor Performance Evaluations.
As prescribed in section 1509.170-1, insert the
following clause in all applicable solicitations and contracts.
CONTRACTOR PERFORMANCE EVALUATIONS
(MAY 1999)
The contracting officer shall complete a Contractor
Performance Report (Report) within ninety (90) business days
after the end of each 12 months of contract performance (interim
Report) or after the last 12 months (or less) of contract
performance (final Report) in accordance with EPAAR 1509.170-5.
The contractor shall be evaluated based on the following ratings
and performance categories:
Ratings: 0 = unsatisfactory, 1 = poor, 2 = fair, 3 = good, 4
= excellent, 5 = outstanding.
Performance Categories:
Quality: Compliance with contract requirements; accuracy of
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reports; effectiveness of personnel; and technical excellence.
Rating
0—Contractor is not in compliance and is jeopardizing
achievement of contract objectives
1—Major problems have been encountered
2—Some problems have been encountered
3—Minor inefficiencies/errors have been identified
4—Contractor is in compliance with contract requirements and/or
delivers quality products/services
5—The contractor has demonstrated an outstanding performance
level that justifies adding a point to the score. It is expected
that this rating will be used in those circumstances when
contractor performance clearly exceeds the performance level
described as N"Excellent.''
Cost Control: Record of forecasting and controlling target
costs; current, accurate and complete billings; relationship of
negotiated costs to actuals; cost efficiencies.
Rating
0—Contractor is unable to manage costs effectively
1—Contractor is having major difficulty managing costs
effectively
2—Contractor is having some problems managing costs effectively
3—Contractor is usually effective in managing costs
4—Contractor is effective in managing costs and submits current,
accurate, and complete billings
5—The contractor has demonstrated an outstanding performance
level that justifies adding a point to the score. It is expected
that this rating will be used in those circumstances when
contractor performance clearly exceeds the performance level
described as *"Excellent.' '
Timeliness of Performance: Met interim milestones;
reliability; responsive to technical direction; completed on
time, including wrap-up and contract administration; met delivery
schedules; no liquidated damages assessed.
Rating
0—Contractor delays are jeopardizing performance of contract
objectives
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1—Contractor is having major difficulty meeting milestones and
delivery schedule
2—Contractor is having some problems meeting milestones and
delivery schedule
3—Contractor is usually effective in meeting milestones and
delivery schedule
4—Contractor is effective in meeting milestones and delivery
schedule
5—The contractor has demonstrated an outstanding performance
level that justifies adding a point to the score. It is expected
that this rating will be used in those circumstances when
contractor performance clearly exceeds the performance level
described as *"Excellent.''
Business Relations: Effective management/ including
subcontracts; reasonable/cooperative behavior; responsive to
contract requirements; notification of problems; flexibility;
pro-active versus reactive; effective small/small disadvantage
business subcontracting program.
Rating
0—Response to inquiries, technical/service/administrative issues
is not effective
1—Response to inquiries/ technical/service/administrative issues
is marginally effective
2—Response to inquiries/ technical/service/administrative issues
is somewhat effective
3—Response to inquiries, technical/service/administrative issues
is usually effective
4—Response to inquiries/ technical/service/administrative issues
is effective
5—The contractor has demonstrated an outstanding performance
level that justifies adding a point to the score. It is expected
that this rating will be used in those circumstances when
contractor performance clearly exceeds the performance level
described as **Excellent. "
(a) The contracting officer shall initiate the process for
completing interim Reports within five (5) business days after
the end of each 12 months of contract performance by requesting
the project officer to evaluate contractor performance for the
interim Report. In addition, the contracting officer shall
initiate the process for completing final Reports within five (5)
business days after the last 12 months (or less) of contract
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performance by requesting the project officer to evaluate
contractor performance for the final Report. The final Report
shall cover the last 12 months (or less) of contract performance.
Within thirty (30) business days after the project officer
receives a request from the contracting officer to complete an
evaluation, the project officer shall:
(1) Complete a description of the contract requirements;
(2) Evaluate contractor performance and assign a rating for
quality, cost control, and timeliness of performance categories
(including a narrative for each rating);
(3) Provide any information regarding subcontracts, key
personnel, and customer satisfaction;
(4) Assign a recommended rating for the business relations
performance category (including a narrative for the rating); and
(5) Provide additional information appropriate for the
evaluation or future evaluations.
(b) The contracting officer shall:
(1) Ensure the accuracy of the project officer's evaluation
by verifying that the information in the contract file
corresponds with the designated project officer's ratings;
(2) Assign a rating for the business relations performance
category (including a narrative for the rating);
(3) Concur with or revise the project officer's ratings after
consultation with the project officer;
(4) Provide any additional information concerning the
quality, cost control, and timeliness of performance categories
if deemed appropriate for the evaluation or future evaluations
(if any), and provide any information regarding subcontracts, key
personnel, and customer satisfaction; and
(5) Forward the Report to the contractor within ten (10)
business days after the contracting officer receives the project
officer's evaluation.
(c) The contractor shall be granted thirty (30) business days
from the date of the contractor's receipt of the Report to review
and provide a response to the contracting officer regarding the
contents of the Report. The contractor shall:
(1) Review the Report;
(2) Provide a response (if any) to the contracting officer on
company letter head or electronically;
(3) Complete contractor representation information; and
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(4) Forward the Report to the contracting officer within the
designated thirty (30) business days.
(d) The contractor's response to the Report may include
written comments/ rebuttals (disagreements)/ or additional
information. If the contractor does not respond to the Report
within the designated thirty (30) business days/ the specified
ratings in the Report are deemed appropriate for the evaluation
period. In this instance/ the contracting officer shall complete
the Agency review and sign the Report within three (3) business
days after expiration of the specified 30 business days.
(e) If the contractor submits comments/ rebuttals
(disagreements)/ or additional information to the contracting
officer which contests the ratings, the contracting officer, in
consultation with the project officer, shall initially try to
resolve the disagreement(s) with the contractor.
(f) If the disagreement(s) is (are) not resolved between the
contractor and the contracting officer/ the contracting officer
shall provide a written recommendation to one level above the
contracting officer for resolution as promptly as possible/ but
no later than five (5) business days after the contracting
officer is made aware that the disagreement(s) has (have) not
been resolved with the contractor. The individual who is one
level above the contracting officer shall:
(1) Review the contracting officer's written recommendation;
and
(2) Provide a written determination to the contracting
officer for summary ratings (ultimate conclusion for ratings
pertaining to the performance period being evaluated) within five
(5) business days after the individual one level above the
contracting officer receives the contracting officer's written
recommendation.
(g) If the disagreement is resolved, the contracting officer
shall complete the Agency review and sign the Report within three
(3) business days after consultation.
(h) The contracting officer shall complete the Agency review
and sign the Report within three (3) business days after the
contracting officer receives a written determination for summary
ratings from one level above the contracting officer.
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(i) An interim or final Report is considered completed after
the contracting officer signs the Report. The contracting officer
must provide a copy of completed Reports (interim and final) to
the contractor within two (2) business days after completion.
(End of clause)
1552.210-81 Monthly Progress Report—Cost Type Pricing-
Indefinite Delivery/Indefinite Quantity Contract.
As prescribed in 1510.011-81, insert the following clause:
MONTHLY PROGRESS REPORT—COST TYPE PRICING
INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT
(AUG 1989)
The Contractor shall furnish monthly copies of a
technical and copies of a financial progress report. The
reports are due by the day of each month following the
first complete month of the contract.
(a) The Technical Progress Report
The Technical Progress Report shall address each active
Delivery Order separately/ give a general outline of the effort,
state the percentage of work completed on each Deliver Order
during the reporting period, and relate it to the overall effort.
Specific discussions shall include any difficulties encountered
and the remedial action taken during the reporting period. It
shall include an outline of anticipated activity, the manpower
requirements, and an estimate of progress to be made during the
subsequent reporting period. Any anticipated changes in
personnel and a comparison of the work accomplished to the
Statement of Work in the Delivery Order shall also be included.
(b) The Financial Progress Report
The Financial Progress Report shall show the percentage or
status of Work completed, number of hours, labor rate applied,
and corresponding total dollar amount expended to date for each
employee within all categories employed in the performance of the
Delivery Order during the reporting period. Also to be included
are the cumulative number of hours and corresponding dollar
amounts expended to date on all work, Delivery Order estimates of
total hours, and the corresponding dollar amounts required to
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complete the Delivery Order. For each Delivery Order, provide a
graph using a vertical axis for dollars and a horizontal axis for
time increments that shows the actual and projected rate of
expenditures against the total estimated cost of the Delivery
Order.
(End of clause)
1552.211-70 Reports of Work.
As prescribed in 1511.011-70/ insert one of the contract
clauses in this subsection when the contract requires the
delivery of reports, including plans, evaluations,- studies,
analyses and manuals. The basic clause should be used when
reports are specified in a contract attachment. Alternate I is
to be used to specify reports in the contract schedule.
REPORTS OF WORK (FEE 1998)
The Contractor shall prepare and deliver reports, including
plans, evaluations, studies, analyses and manuals in accordance
with Attachment . Each report shall cite the contract
number, identify the U.S. Environmental Protection Agency as the
sponsoring agency, and identify the name of the contractor
preparing the report. The OMB clearance number for progress
reports delivered under this contract is 2030-0005 with an
expiration date of January 31, 2000.
(End of clause)
ALTERNATE I (FEE 1998)
The contractor shall prepare and deliver the below listed
reports, including plans, evaluations, studies, analyses and
manuals to the designated addressees. Each report shall cite the
contract number, identify the U.S. Environmental Protection
Agency as the sponsoring agency, and identify the name of the
contractor preparing the report.
The OMB clearance number for progress reports delivered
under this contract is 2030-0005 with an expiration date of
January 31, 2000. Required reports are:
Reports description No. Copies Addressees
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(End of clause)
1552.211-71 [Reserved.]
1552.211-72 Monthly Progress Report.
As prescribed in 1511.011-72, insert the following clause:
MONTHLY PROGRESS REPORT (Jun 1996)
(a) The Contractor shall furnish copies of the
combined monthly technical and financial progress report stating
the progress made/ including the percentage of the project
completed/ and a description of the work accomplished to support
the cost. If the work is ordered using work assignments or
delivery orders/ include the estimated percentage of task
completed during the reporting period for each work assignment or
delivery order.
(b) Specific discussions shall include difficulties
encountered and remedial action taken during the reporting
period, and anticipated activity with a schedule of deliverables
for the subsequent reporting period.
(c) The Contractor shall provide a list of outstanding
actions awaiting Contracting Officer authorization/ noted with
the corresponding work assignment, such as
subcontractor/consultant consents, overtime approvals, and work
plan approvals.
(d) The report shall specify financial status at the
contract level as follows:
(1) For the current reporting period, display the
amount claimed.
(2) For the cumulative period and the cumulative
contract life display: the amount obligated, amount originally
invoiced/ amount paid/ amount suspended/ amount disallowed, and
remaining approved amount. The remaining approved amount is
defined as the total obligated amount, less the total amount
originally invoiced, plus total amount disallowed.
(3) Labor hours.
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(i) A list of employees, their labor categories, and
the numbers of hours worked for the reporting period.
(ii) For the current reporting period, display the
expended direct labor hours and costs broken out by EPA contract
labor hour category for the prime contractor and each
subcontractor and consultant.
(iii) For the cumulative contract period and the
cumulative contract life display: the negotiated, expended and
remaining direct labor hours and costs broken out by EPA contract
labor hour category for the prime contractor, and each
subcontractor and consultant.
(iv) Display the estimated direct labor hours and costs
to be expended during the next reporting period.
(4) Display the current dollar ceilings in the
contract, net amount invoiced, and remaining amounts for the
following categories: Direct labor hours, total estimated cost,
award fee pool (if applicable), subcontracts by individual
subcontractor, travel, program management, and Other Direct Costs
(ODCs).
(5) Unbilled allowable costs. Display the total costs
incurred but unbilled for the current reporting period and
cumulative for the contract.
(6) Average cost of direct labor. Compare the actual
average cost per hour to date with the average cost per hour of
the approved work plans for the current contract period.
(e) The report shall specify financial status at the work
assignment or delivery order level as follows:
(1) For the current period, display the amount
claimed.
(2) For the cumulative period display: amount shown
on workplan, or latest work assignment/delivery order amendment
amount (whichever is later); amount currently claimed; amount
paid; amount suspended; amount disallowed; and remaining approved
amount. The remaining approved amount is defined as: the
workplan amount or latest work assignment or delivery order
amount (which ever is later), less total amounts originally
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invoiced/ plus total amount disallowed.
(3) Labor hours.
(i) A list of employees, their labor categories, and
the number of hours worked for the reporting period.
(ii) For the current reporting period, display the
expended direct labor hours and costs broken out by EPA contract
labor hour category for the prime contractor and each
subcontractor and consultant.
(iii) For the current reporting period, cumulative
contract period, and the cumulative contract life display: the
negotiated, expended and remaining direct labor hours and costs
broken out by EPA contract labor hour category for the prime
contractor and each subcontractor and consultant.
(iv) Display the estimated direct labor hours and costs
to be expended during the next reporting period.
(v) Display the estimates, of remaining direct labor
hours and costs required to complete the work assignment or
delivery order.
(4) Unbilled allowable costs. Display the total
costs incurred but unbilled for the current reporting period and
cumulative for the work assignment.
(5) Average cost of direct labor. Display the actual
average cost per hour with the cost per hour estimated in the
workplan.
(6) A list of deliverables for each work assignment
or delivery order during the reporting period.
(f) This submission does not change the notification
requirements of the "Limitation of Cost" or "Limitation of Funds"
clauses requiring separate written notice to the Contracting
Officer.
(g) The reports shall be submitted to the following
addresses on or before the of each month following the
first complete reporting period of the contract. See EPAAR
1552.232-70, Submission of Invoices, paragraph (e), for details
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on the timing of submittals. Distribute reports as follows:
No. of Copies Addressee
Project Officer.
Contracting Officer.
(End of clause)
1552.211-73 Level of Effort—Cost-Reimbursement Term Contract.
As prescribed in 1511.011-73, insert the following contract
clause in costi-reimbursement term contracts including cost
contracts without fee/ cost-sharing contracts, cost-plus fixed-
fee (CPFF) contracts, cost-plus-incentive-fee contracts (CPIF) ,
and cost-plus-award-fee contracts (CPAF).
LEVEL OF EFFORT—COST-REIMBURSEMENT TERM CONTRACT (APR 1984)
(a) The Contractor shall perform all work and provide all
required reports within the level of effort specified below. The
Government hereby orders direct labor hours for the base
period, which represents the Government's best estimate of the
level of effort to fulfill these requirements.
(b) Direct labor includes personnel such as engineers,
scientists, draftsmen, technicians, statisticians, and
programmers and not support personnel such as company
management, typists, and key punch operators even though such
support personnel are normally treated as direct labor by the
contractor. The level of effort specified in paragraph (a)
includes contractor, subcontractor, and consultant labor hours.
(c) If the Contractor provides less than 90 percent of the
level of effort specified for the base period or any optional
period ordered, an equitable downward adjustment of the fixed
fee, if any, for that period will be made. The Government may
require the Contractor to provide additional effort up to 110
percent of the level of effort for any period until the estimated
cost for that period has been reached. However, this additional
effort shall not result in any increase in the fixed fee, if any.
If this is a cost-plus-incentive-fee (CPIF) contract, the term
"fee" in this paragraph means "base fee and incentive fee." If
this is a cost-plus-award-fee (CPAF) contract, the term "fee" in
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this paragraph means "base fee and award fee."
(d) If the level of effort specified to be ordered during a
given base or option period is not ordered during that period/
that level of effort may not be accumulated and ordered during a
subsequent period.
(e) These terms and conditions do not supersede the
requirements of either the "Limitation of Cost" or "Limitation of
Funds" clauses.
(End of clause)
1552.211-74 Work Assignments.
As prescribed in 1511.011-74, insert the following contract
clause in cost-reimbursement type term form contracts when work
assignments are to be used.
WORK ASSIGNMENTS (APR 1984)
(a) The Contractor shall perform work under this contract as
specified in written work assignments issued by the Contracting
Officer.
(b) Each work assignment will include (1) a numerical
designation, (2) the estimate of required labor hours, (3) the
period of performance and schedule of deliverables, and (4) the
description of the work.
(c) The Contractor shall acknowledge receipt of each work
assignment by returning to the Contracting Officer a signed copy
of the work assignment within calendar days after its
receipt. The Contractor shall begin work immediately upon
receipt of a work assignment. Within calendar days after
receipt of a work assignment, the Contractor shall submit
copies of a work plan to the Project Officer and copies to
the Contracting Officer. The work plan shall include a detailed
technical and staffing plan and a detailed cost estimate. Within
calendar days after receipt of the work plan, the
Contracting Officer will provide written approval or disapproval
of it to the Contractor. If the Contractor has not received
approval on a work plan within calendar days after its
submission, the Contractor shall stop work on that work
assignment. Also, if the Contracting Officer disapproves a work
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plan, the Contractor shall stop work until the problem causing
the disapproval is resolved. In either case/ the Contractor
shall resume work only when the Contracting Officer finally
approves the work plan.
(d) This clause does not change the requirements of the
"Level of Effort" clause, nor the notification requirements of
either the "Limitation of Cost" or "Limitation of Funds" clauses.
(e) Work assignments shall not allow for any change to the
terms or conditions of the contract. Where any language in the
work assignment may suggest a change to the terms or conditions,
the Contractor shall immediately notify the Contracting Officer.
(End of clause)
Alternate I. As prescribed in 1511.011-74, modify the
existing clause by adding the following paragraph (f) to the
basic clause:
(f) Within 20 days of receipt of the work assignment or
similar tasking document, the Contractor shall provide a conflict
of interest certification. Where work assignments or similar
tasking documents are issued under this contract for work on or
directly related to a site, the Contractor is only required to
provide a conflict of interest certification for the first work
assignment issued for that site. For all subsequent work on that
site under this contract, the Contractor has a continuing
obligation to search and report any actual or potential conflicts
of interest, but no additional conflict of interest
certifications are required.
Before submitting the conflict of interest certification,
the contractor shall search its records accumulated, at a
minimum, over the past three years immediately prior to the
receipt of the work assignment or similar tasking document. In
the COI certification, the Contractor must certify to the best of
the Contractor's knowledge and belief, that all actual or
potential organizational conflicts of interest have been reported
to the Contracting Officer or that to the best of the
Contractor's knowledge and belief, no actual or potential
organizational conflicts of interest exist. In addition, the
Contractor must certify that its personnel who perform work under
this work assignment or relating to this work assignment have
been informed of their obligation to report personal and
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organizational conflicts of interest to the Contractor. The
certification shall also include a statement that the Contractor
recognizes its continuing obligation to identify and report any
actual or potential conflicts of interest arising during
performance of this work assignment or other work related to this
site.
Alternate II. As prescribed in 1511.011-74, modify the existing
clause by adding the following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work assignment or
similar tasking document, the Contractor shall provide a conflict
of interest certification. Where work assignments or similar
tasking documents are issued under this contract for work on or
directly related to a site, the Contractor is only required to
provide a conflict of interest certification for the first work
assignment issued for that site. For all subsequent work on that
site under this contract, the Contractor has a continuing
obligation to search and report any actual or potential conflicts
of interest, but no additional conflict of interest
certifications are required.
Before submitting the conflict of interest certification,
the contractor shall initially search through all of its
available records to identify any actual or potential conflicts
of interest. During the first three years of this contract, the
contractor shall search through all records created since the
beginning of the contract plus the records of the contractor
prior to the award of the contract until a minimum of three years
of records are accumulated. Once three years of records have
accumulated, prior to certifying, the contractor shall search its
records accumulated, at a minimum, over the past three years
immediately prior to the receipt of the work assignment or
similar tasking document. In the certification, the Contractor
must certify to the best of the Contractor's knowledge and
belief, that all actual or potential organizational conflicts of
interest have been reported to the Contracting Officer or that to
the best of the Contractor's knowledge and belief, no actual or
potential organizational conflicts of interest exist. In
addition, the Contractor must certify that its personnel who
perform work under this work assignment or relating to this work
assignment have been 'informed of their obligation to report
personal and organizational conflicts of interest to the
Contractor. The certification shall also include a statement
that the Contractor recognizes its continuing obligation to
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identify and report any actual or potential conflicts of interest
arising during performance of this work assignment or other work
related to this site.
(End of clause)
1552.211-75 Working Files.
As prescribed in 1511.011-75, insert the following clause in
all applicable EPA contracts.
WORKING FILES (APR 1984)
The Contractor shall maintain accurate working files (by
task or work assignment) on all work documentation including
calculations, assumptions, interpretations of regulations,
sources of information, and other raw data required in the
performance of this contract. The Contractor shall provide the
information contained in its working files upon request of the
Contracting Officer.
(End of clause)
1552.211-76 Legal Analysis.
As prescribed in 1511.011-76, insert this contract clause
when it is determined that the contract involves legal analysis.
LEGAL ANALYSIS (APR 1984)
The Contractor shall furnish to the Project Officer one (1)
copy of any draft legal analysis. The Government will provide a
response to the Contractor within thirty (30) calendar days after
receipt. The Contractor shall not finalize the analysis until
the Government has given approval.
(End of clause)
1552.211-77 Final Reports.
As prescribed in 1511.011-77, insert this contract clause
when a contract requires a draft and a final report.
FINAL REPORTS (APR 1984)
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(a) "Draft Report"—The Contractor shall submit to the
Project Officer copies of the draft final report on or
before (date). The Contractor shall furnish to the
Contracting Officer a copy of the letter transmitting the draft.
The draft shall be typed double-spaced or space-and-a-half and
shall include all pertinent material required in the final
report. The Government will review for approval or disapproval
the draft and provide a response to the Contractor within
calendar days after receipt. If the Government does not provide
a response within the allotted review time, the Contractor
immediately shall notify the Contracting Officer in writing.
(b) "Final Report"—The Contractor shall deliver a final
report on or before the last day of the period of performance
specified in the contract. Distribution is as follows:
No. of Copies Addressee
1 EPA Library
1 Contracting Officer
1 Project Officer
(End of clause)
1552.211-78 Advisory and Assistance Services.
As prescribed in 1511.011-78, insert the following contract
clause in all contracts for advisory and assistance services.
ADVISORY AND ASSISTANCE SERVICES (APR 1984)
All reports containing recommendations to the Environmental
Protection Agency shall include the following information on the
cover of each report: (a) name and business address of the
contractor; (b) contract number; (c) contract dollar amount;
(d) whether the contract was subject to full and open competition
or a sole source acquisition; (e) name of the EPA Project Officer
and the EPA Project Officer's office identification and location/-
and (f) date of report.
(End of clause)
1552.211-79 Compliance with EPA Policies for Information
Resources Management.
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As prescribed in 1511.011-79, insert the following clause:
COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES MANAGEMENT
(February 1998)
(a) Definition. Information Resources Management (IRM) is
defined as any planning, budgeting, organizing, directing,
training, promoting, controlling, and managing of activities
associated with the burden, collection, creation, use and
dissemination of information. IRM includes both information
itself, and the management of information and related resources
such as personnel, equipment, funds, and technology. Examples of
these services include but are not limited to the following:
(1) The acquisition, creation, or modification of a
computer program or automated data base for
delivery to EPA or use by EPA or contractors
operating EPA programs.
(2) The analysis of requirements for, study of the
feasibility of, evaluation of alternatives for, or
design and development of a computer program or
automated data base for use by EPA or contractors
operating EPA programs.
(3) Services that provide EPA personnel access to or
use of computer or word processing equipment,
software, or related services.
(4) Services that provide EPA personnel access to or
use of: Data communications; electronic messaging
services or capabilities; electronic bulletin
boards, or other forms of electronic information
dissemination; electronic record-keeping; or any
other automated information services.
(5) Services that are subject to the Brooks Act of
1965, as amended (P.L. 89-306).
(b) General. The contractor shall perform any IRM related
work under this contract in accordance with the IRM policies,
standards and procedures set forth in this clause and noted
below. Upon receipt of a work request (i.e. delivery order or
work assignment), the Contractor shall check this listing of
directives (see paragraph (d) for electronic access). The
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applicable directives for performance of the work request are
those in effect on the date of issuance of the work request.
(1) IRM Policies/ Standards and Procedures. The 2100
Series (2100-2199) of the Agency's Directive System contains the
majority of the Agency's IRM policies/ standards and procedures.
(2) Groundwater Program IRM Requirement. A contractor
performing any work related to collecting Groundwater data; or
developing or enhancing data bases containing Groundwater quality
data shall comply with EPA Order 7500.1A—Minimum Set of Data
Elements for Groundwater.
(3) EPA Computing and Telecommunications Services. The
Enterprise Technology Services Division (ETSD) Operational
Directives Manual contains procedural information about the
operation of the Agency's computing and telecommunications
services. Contractors performing work for the Agency's National
Computer Center or those who are developing systems which will be
operating on the Agency's national platforms must comply with
procedures established in the Manual. (This document is only
available through electronic access.)
(c) Printed Documents. Documents listed in (b) (1) and
(b) (2) may be obtained from: U. S. Environmental Protection
Agency Office of Administration Facilities Management and
Services Division Distribution Section Mail Code: 3204 Ariel
Rios Building 1200 Pennsylvania Avenue/ N.W. Washington/ D.C.
20460 Phone: (202) 260-5797
(d) Electronic access. (1) Internet. A complete listing/
including full text/ of documents included in the 2100 Series of
the Agency's Directive System, as well as the two other EPA
documents noted in this clause/ is maintained on the EPA Public
Access Server on the Internet. Gopher Access: gopher.epa.gov is
the address to access the EPA Gopher. Select 'menu keyword
search1 from the menu and search on the term 'IRM Policy'. Look
for IRM Policy/ Standards and Guidance. World Wide Web Access:
htto://www.eoa.aov is the address for the EPA's www homepage.
From the homepage, search on the term 'IRM Policy' and look for
IRM Policy, Standards and Guidance.
(2) Dial-Up Modem. All documents, including the listing,
are available for browsing and electronic download through a
dial-up modem. Dial (919) 558-0335 for access to the menu that
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contains the listing for EPA policies. Set the communication
parameters to 8 data bits, no parity, 1 stop bit (8,N,1) Full
Duplex, and the emulator to VT-100. The information is the same
whether accessed through dial-up or the Internet. For technical
assistance, call 1-800-334-2405.
(End of clause)
1552.213-70 Notice to Suppliers of Equipment.
As prescribed in 1513.507(b), the Contracting Officer shall
insert the following contract clause in orders for or lease of
commercially available equipment.
NOTICE TO SUPPLIERS OF EQUIPMENT (APR 1984)
(a) It is the general policy of the Environmental Protection
Agency that Contractor or vendor prescribed leases or maintenance
agreements for equipment will NOT be executed.
(b) Performance in accordance with the terms and conditions
of the vendor's commercial lease, or customer service maintenance
agreement, unless specified in the Schedule, may render the
vendor's performance unacceptable, thereby permitting the
Government to apply such contractual remedies as may be permitted
by law, regulation, or the terms of this order.
(End of clause)
1552.214-70 [Reserved.]
1552.214-71 Contract Award - Other Factors-Formal Advertising.
As prescribed in 1514.201-6(b), insert the following
solicitation provision in invitations for bids (IFB) when it is
appropriate to describe other factors that will be used in
evaluating bids for award. This provision is used to describe
the other factors mentioned in the solicitation provisions
"Contract Award—Formal Advertising" (FAR 52.214-10), and
"Contract Award—Construction" (FAR 52.214-19). All other
evaluation provisions in the IFB (e.g., evaluation of options)
should be cross-referenced in this provision. The other factors
set forth in the provision should represent a consolidated
statement of the exact basis upon which bids will be evaluated
for award.
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CONTRACT AWARD—OTHER FACTORS—FORMAL ADVERTISING (APR 1984)
The Government will award a contract resulting from this
solicitation as stated in the "Contract Award" provision. The
other factors that will be considered are:
(End of provision)
1552.215-70 EPA Source Evaluation and Selection Procedures—
Negotiated Procurements (AUG 1999).
As prescribed in 1515.209(a)/ insert the following
provision:
EPA SOURCE SELECTION AND SELECTION PROCEDURES--
NEGOTIATED PROCUREMENTS (AUG 1999)
(a) The Government will perform source selection in
accordance with FAR Part 15 and the EPA Source Evaluation and
Selection Procedures in EPAAR Part 1515 (48 CFR Part 1515) . The
significant features of this procedure are:
(1) The Government will perform either cost analysis or
price analysis of the offerer's cost/business proposal
in accordance with FAR Parts 15 and 31, as appropriate.
In addition, the Government will also evaluate proposals
to determine contract cost or price realism. Cost or
price realism relates to an offerer's demonstrating that
the proposed cost or price provides an adequate
reflection of the offerer's understanding of the
requirements of this solicitation, i.e., that the cost
or price is not unrealistically low or unreasonably
high.
(2) The Government will evaluate technical proposals as
specified in 1552.215-71, Evaluation Factors for Award.
(b) In addition to evaluation of the previously discussed
elements, the Government will consider in any award decision the
responsibility factors set forth in FAR Part 9.
(End of provision)
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1552.215-71 Evaluation Factors for Award.
As prescribed in 1515.209(a), insert one of the following
provisions.
EVALUATION FACTORS FOR AWARD (AUG 1999)
(a) The Government will make award to the responsible
offeror(s) whose offer conforms to the solicitation and is most
advantageous to the Government cost or other factors considered.
For this solicitation, all evaluation factors other than cost or
price when combined are significantly more important than cost or
price.
(b) Evaluation factors and significant subfactors to
determine quality of product or service:
(End of provision)
EVALUATION FACTORS FOR AWARD (AUG 1999)—ALTERNATE I (AUG 2000)
(a) The Government will make award to the responsible
offeror(s) whose offer conforms to the solicitation and is most
advantageous to the Government cost or other factors considered.
For this solicitation/ all evaluation factors other than cost or
price when combined are significantly less important than cost or
price.
(b) Evaluation factors and significant subfactors to
determine quality of product or service:
(End of provision)
EVALUATION FACTORS FOR AWARD (AUG 1999)—ALTERNATE II (AUG 1999)
(a) The Government will make award to the responsible
offeror(s) whose offer conforms to the solicitation and is most
advantageous to the Government cost or other factors considered.
For this solicitation, all evaluation factors other than cost or
price when combined are approximately equal to cost or price.
(b) Evaluation factors and significant subfactors to
determine the quality of product or service:
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(End of provision)
EVALUATION FACTORS FOR AWARD (AUG 1999)—Alternate III (AUG 2000)
(a) The Government will make award to the offerer with the
lowest-evaluated cost or price, whose proposal meets or exceeds
the acceptability standards for non-cost factors. In the event
that there are two or more technically acceptable, equal price
(cost) offers, the Government will consider socioeconomic,
environmental and other similar factors, as listed below in
descending order of
importance:
(b) Factors and significant subfactors for technical
acceptability evaluation:
(c) Factors for past performance evaluation (optional):
^ ^^ ^m ^m^ ^^ ^ ^m ^« ^ ^m ^m •• ^m ^ •• ^m ^m ^ •• •• ^ w ^ •• ^ ^ ^ ^ ^^B ^ ^ ^ «B^ w w ^ BV^B^ ^ ^^ ^ ^^ ^ ^ ^ ^ ^ ^ ^ ^ MM ^ ^ ^ ^ ^ •
(End of provision)
1552.215-72 Instructions for the Preparation of Proposals.
As prescribed in 1515.408 (a) (1) insert the following
provision:
INSTRUCTIONS FOR THE PREPARATION OF PROPOSALS (AUG 1999)
(a) Other than cost proposal instructions.
(1) Submit proposal for than cost factors as a separate part
of the total proposal package. Omit all cost or pricing details
from this proposal.
(2) Special proposal instructions:
(b) Cost or pricing proposal instructions. The offerer shall
prepare and submit cost or pricing information data and
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supporting attachments in accordance with Table 15-2 of FAR
15.408. In addition to a hard copy of the information, to
expedite review of the proposal/ submit a 3.5'' high density
IBM-compatible formatted computer disk containing the financial
data required, if this information is available using a
commercial spreadsheet program on a personal computer. Submit
this information using LOTUS 1-2-3, if available. Identify which
version of LOTUS used. If the offerer used another spreadsheet
program, indicate the software program used to create this
information. Offerers should include the formulas and factors
used in calculating the financial data. Although submission
of a computer disk will expedite review, failure to submit a disk
will not affect consideration of the proposal.
(1) General—Submit cost or pricing information prepared in
accordance with FAR Table 15-2, Instructions for Submitting Cost/
Price Proposals When Cost or Pricing Information Are Required and
the following:
(i) Clearly identify separate cost or pricing information
associated with any:
(A) Options to extend the term of the contract;
(B) Options for the Government to order incremental
quantities; and/or
(C) Major tasks, if required by the special instructions.
(ii) If the contract schedule includes a s% Fixed Rate for
Services11 clause, please provide in the cost proposal a schedule
duplicating the format in the clause and include proposed fixed
hourly rates per labor category for the base and any optional
contract periods.
(iii) If the contract includes the clause at EPAAR
1552.232-73 *sPayments--Fixed-Rate Services Contract," or the
clause at FAR 52.232-7, *'Payments Under Time and Materials and
Labor-Hour Contracts,'' include in the cost proposal the
estimated costs and burden rate to be applied to materials, other
direct costs, or subcontracts. The Government will include these
costs as part of its cost proposal evaluation.
(iv) If other divisions, subsidiaries, a parent or affiliated
companies will perform work, provide the name and location of
such affiliate and offerer's intercompany pricing policy.
Separately identify costs and supporting data for each entity
proposed.
(v) The realism of costs, including personnel compensation
rates (including effective hourly rates due to uncompensated
overtime) will be part of the proposal evaluation. Any reductions
to proposed costs or differences between proposed and known
EPA/DCAA recommended rates must be fully explained. If an offerer
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makes a reduction which makes its offer or portions of its offer
below anticipated costs, the offerer shall identify where (i.e.,
which elements of costs) the proposed reductions will be made.
Unsubstantiated rates may result in an upward or downward
adjustment of the cost proposals to reflect more realistic costs.
Based on this analysis, a projected cost for the offerer will be
calculated to reflect the Government's estimate of the offerer's
probable costs. Any inconsistency, whether real or apparent,
between the promised performance and cost or price should be
explained. The burden of proof for cost credibility rests with
the offerer.
(2) Direct Labor.
(i) The direct technical labor hours (level-of-effort)
appearing in the solicitation are for professional and technical
labor only. These hours do not include management at a level
higher than project management, e.g., corporate and day-to-day
management, nor do they include clerical and support staff at a
level lower than technician. If it is the offerer's normal
practice to charge these types of costs as direct costs, include
these costs along with an estimate of the directly chargeable
labor-hours for these personnel. These direct charges are to be
shown separately from the technical (level-of-effort) effort. If
this type of effort is normally included in the offerer's
indirect cost allocations, no estimate is required. However,
direct charging of these on any resulting contract will not
be allowed. Additionally the direct technical labor hours are the
workable hours required by the Government and do not include
release time (i.e., holidays, vacation, etc.) Submit the proposal
utilizing the labor categories and distribution of the
level-of-effort specified in the solicitation. These are
approximate distribution levels and do not necessarily represent
the actual levels which may be experienced during contract
performance.
(ii) Explain the basis of the proposed labor rates, including
a complete justification for all judgmental factors used to
develop weights applied to company's category or individual rates
that comprise the rates for labor categories specified in the
solicitation. This explanation should describe how technical
approach coincides with the proposed costs. If the proposed
direct labor rates are based on an average of the individuals
proposed to work on the contract, provide a list of the
individuals proposed and the hours associated with each
individual in deriving the rates. If the proposed direct labor
rates are based on an average of company category rates, identify
and describe the labor categories and the percentages associated
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with each category in deriving the rates/ explaining in detail
the basis for the percentages assigned.
(iii) Describe for each labor category proposed/ the
company's qualifications and experience requirements. If
individual rates are used/ provide the employee's name. If
specific individuals are identified in the technical proposal/
correlate these individuals with the labor categories specified
in the solicitation.
(iv) Provide a matrix summarizing the effort proposed/
including the subcontracts/ by professional and technical level
specified in the solicitation.
(v) Indicate whether current rates or escalated rates are
used. If escalation is included/ state the degree (percent) and
methodology. The methodology shall include the effective date of
the base rates and the policy on salary reviews (e.g. anniversary
date of employee or salary reviews for all employees on a
specific date).
(vi) State whether any additional direct labor (new hire or
temporary hires) will be required during the performance period
of this acquisition. If so, state the number required/ the
professional or technical level and the methodology used to
estimate proposed labor rates.
(vii) With respect to educational institutions/ include the
following information for those professional staff members whose
salary is expected to be covered by a stipulated salary support
agreement pursuant to OMB Circular A-21.
(A) Individual's name;
(B) Annual salary and the period for which the salary is
applicable;
(C) List of other research Projects or proposals for which
salaries are allocated/ and the proportionate time charged to
each; and
(D) Other duties/ such as teaching assignments/
administrative assignments/ and other institutional activities.
Show the proportionate time charged to each. (Show proportionate
time charges as a percentage of 100% of time for the entire
academic year/ exclusive of vacation or sabbatical leave.)
(viii) Uncompensated overtime. The decision to propose
uncompensated overtime is the offerer's decision. Should the
offeror, however/ elect to propose uncompensated overtime/ the
offerer must propose a methodology that is consistent with their
cost accounting practices and company policy. If proposed/
provide an estimate of any uncompensated overtime proposed for
exempt personnel working at the offerer's facilities. This
estimate should identify the number of uncompensated labor hours
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and the percentage of compensated labor. Uncompensated labor
hours are defined as hours for exempt personnel in excess of
regular hours for a pay period which are actually worked and
recorded in accordance with company policy. Provide a copy of the
company policy on uncompensated overtime. Provide historical
percentages of uncompensated overtime for the past three years.
If proposed for subcontractors/ provide separately with
subcontractor information.
(ix) For labor rate contracts, for each fixed labor rate/
offerors shall identify the basis for the loaded fixed hourly
rate for each contract period for example/ the rate might consist
of the following cost elements: raw wage or salary rate/ plus
fringe benefits (if applicable), plus overhead rate (if
applicable)/ plus G&A expense rate (if applicable), plus profit.
When determining the composite raw wage for a labor category/
the offerer shall:
(A) provide in narrative form the basis for the raw wage for
each labor category. If actual wages of current employees are
used/ the basis for the projections should be explained.
(B) If employees are subject to the Service Contract Act or
Davis Bacon Act/ they must be compensated at least at the minimum
wage rate required by the applicable Wage Determination.
(3) Indirect costs (fringe/ overhead, general, and
administrative expenses).
(i) If the rates have been recently approved, include a copy
of the rate agreement. If the agreement does not cover the
projected performance period of the proposed effort, provide the
rationale and any estimated rate calculations for the proposed
performance period.
(ii) Submit supporting documentation for rates which have not
been approved or audited. Indicate whether computations are based
upon historical or projected data.
(iii) Provide actual pool expenses, base dollars, or hours
(as applicable for the past five years). Include the actual
indirect rates for the past five years including the indirect
rates proposed/ the actual indirect rates experienced and/ if
available/ the final negotiated rate. Indicate the amount of
unallowable costs included in the historical data.
(iv) Offerors who propose indirect rates for new or
substantially reorganized cost centers should consider offering
to accept ceilings on the indirect rates at the proposed rates.
Similarly/ offerors whose subcontractors propose indirect rates
for new or substantially reorganized cost centers should likewise
consider offering to accept ceilings on the subcontractors'
indirect rates at the proposed rates.
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Note to paragraph (b) (3) (iv) : The Government reserves the
right to adjust an offerer's or its subcontractor's estimated
indirect costs for evaluation purposes based on the Agency's
judgment of the most probable costs up to the amount of any
stated ceiling.
(v) If the employees are subject to the Service Contract Act
or Davis Bacon Act, employees must receive the minimum level of
benefits stated in the applicable Wage Determination.
(4) Travel expense.
(i) If the solicitation specifies the amount of travel costs,
this amount is exclusive of any applicable indirect costs and
fee.
(ii) If the solicitation does not specify the amount of
travel costs, attach a schedule illustrating how travel was
computed. Include a breakdown indicating number of trips, number
of travelers, destinations from and to/ purpose and cost, e.g.,
mileage, transportation costs, subsistence rates.
(5) Equipment, facilities and special equipment, including
tooling.
(i) If direct charges for use of existing contractor
equipment are proposed, provide a description of these items,
including estimated usage hours, rates, and total costs.
(ii) If equipment purchases are proposed, provide a
description of these items, and a justification as to why the
Government should furnish the equipment or allow its purchase
with contract funds. (Unless specified elsewhere in this
solicitation, FAR 45.302-1 requires contractors to furnish all
facilities in performance of contracts with certain limited
exceptions.)
(iii) Identify Government-owned property in the possession of
the offeror or proposed to be used in the performance of the
contract, and the Government agency which has cognizance over the
property.
(iv) Submit proposed rates or use charges for equipment,
along with documentation to support those rates.
(v) If special purposes facilities or equipment are being
proposed, provide a description of these items, details for the
proposed costs including competitive prices, and justification as
to why the Government should furnish the equipment or allow its
purchase with contract funds.
(vi) If fabrication by the prime contractor is contemplated,
include details of material, labor, and overhead.
(6) Other Direct Costs (ODC).
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(i) If the solicitation specifies the amount of other direct
costs/ this amount is exclusive of any applicable indirect cost
and fee.
(ii) If the amount is not specified in the solicitation,
attach a schedule detailing how other direct costs were computed.
Identify the major ODC items that under the accounting system
would be a direct charge on any resulting contract.
(iii) If any of the cost elements identified as part of the
specified other direct costs are recovered as an indirect cost/
in accordance with the offerer's accounting system/ those costs
should not be included as a direct cost. Complete explanation of
this adjustment and the contractor's practice should be provided.
(iv) Provide historical other direct costs dollars per level
of effort hour on similar contracts or work assignments.
(7) Team Subcontracts. When the cost of a subcontract is
substantial (5 percent of the total estimated contract dollar
value or $100/000/ whichever is less)/ the offerer shall include
the following subcontractor information:
(i) Provide details of subcontract costs in the same format
as the prime contractor's costs. This detailed information may be
provided separately to the EPA if the subcontractor does not wish
to provide this data to the prime contractor. Cost data provided
separately by a contractor must be received by the time/ date and
at the location specified for the receipt of proposals. The
subcontractor's package should be clearly marked with the RFP
number/ the name of the prime offerer, and a statement that the
package is subcontractor data relevant to the proposal from the
prime offeror. If submitted with the prime contractor's proposal/
identify the subcontractors. State the amount of service
estimated to be required and the quoted daily or hourly
rate. Offerers are encouraged to provide letters of intent/
signed by subcontractors, agreeing to a specified rate for life
of the contract. Include a cost or price analysis of the
subcontractor cost showing the reasons why the costs are
considered reasonable;
(ii) Describe how the prospective team subcontractors were
chosen as part of the offerer's proposed team; and rationale for
selection;
(iii) Describe the necessity for the subcontractor's effort
as either a supplement or complement to the offerer's in-house
expertise;
(iv) Identify the areas of the scope of work and the level of
effort the subcontractors are anticipated to perform. Provide a
reconciliation summary of the proposed hours and ODCs for the
prime contractor and proposed subcontractor(s).
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(v) Describe the prime contractor's management structure and
internal controls to ensure efficient and quality performance of
team subcontractors.
(8) Facilities Capital Cost of Money (FCCM). When an offerer
elects to claim FCCM as an allowable cost, the offerer must
submit Form CASB-CNF and show calculation of the proposed amount.
FCCM will be an allowable cost under the contemplated contract,
if the criteria for allowability at FAR 31.205-10(a)(2) are met.
(End of Provision)
ALTERNATE I (AUG 1999)
If the Government's requirement is a fully dedicated staff
person for a twelve month period(s) for each specified position
and performance is on a Government facility/ add the following
paragraph (b) (2) (x) to the basic provision:
(x) The level of effort for each position is to be proposed
in work years. A work year is considered to consist of 2080 hours
inclusive of direct and indirect time (40 hours per week x 52
weeks per year=2080 hours). The proposal must identify proposed
work years and clearly identify how many hours in each work year
are direct (i.e., productive working hours) and how many are
indirect (i.e., paid absences). If the company policy includes a
different base work week, the total available hours would be
different. For example, if the company's policy calls for a 37.5
hour work week, offerer would deduct paid absences from 1950 hour
(37.5 hours/week x 52 weeks/year=1950 hours). Offerer should
clearly identify the paid absences as to how many hours are for
holiday and how many hours are for vacation and sick leave. The
amount of indirect time (paid absences) identified in the
proposal must be consistent with company policy and must allow
for the ten Federal government holidays.
ALTERNATE II (AUG 1999)
If the Government's requirement is a fully dedicated staff
person for a twelve month period(s) for each specified position
and performance is not on a Government facility;
add the following paragraph (b)(2)(x) to the basic provision:
(x) The level of effort for each position is to be proposed
in work years. A work year is considered to consist of 2080 hours
inclusive of direct and indirect time (40 hours per week x 52
weeks per year=2080 hours). The proposal must identify proposed
work years and clearly identify how many hours in each work year
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are direct (i.e./ productive working hours) and how many are
indirect (i.e., paid absences). If the company policy includes a
different base work week, the total available hours would be
different. For example, if the company's policy calls for a 37.5
hour work week, offerer would deduct paid absences from 1950 hour
(37.5 hours/week x 52 weeks/year=1950 hours). Offerer should
clearly identify the paid absences as to how many hours are for
holiday and how many hours are for vacation and sick leave.
Alternate III (AUG 1999)
If the requirement is for the acquisition of supplies or
equipment, substitute the following paragraphs (a)
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GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (AUG 1999)
Offerers or quoters are requested to provide information
regarding the following items in sufficient detail to allow a
full and complete business evaluation. If the question indicated
is not applicable or the answer is none/ it should be annotated.
If the offerer has previously submitted the information, it
should certify the validity of that data currently on file at EPA
and to whom and where it was submitted or update all outdated
information on file.
(a) Contractor's
Name:
(b) Address (If financial records are maintained at some
other location, show the address of the place where the records
are kept):
(c) Telephone
Number:
(d) Individual(s) to contact re. this proposal:
(e) Cognizant Government:
Audit Agency:
Address:
Auditor:
(f)(1) Work Distribution for the Last Completed Fiscal
Accounting Period:
Sales:
Government cost-reimbursement type prime contracts
and subcontracts $
Government fixed-price prime contracts and
subcontracts $
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Commercial Sales $
Total Sales $
(2) Total Sales for first and second fiscal years
immediately preceding last completed fiscal year.
Total Sales for First Preceding Fiscal Year $_
Total Sales for Second Preceding Fiscal Year $_
(g) Is company a separate rate entity or division?.,
Yes
No
If a division or subsidiary corporation, name parent company:
(h) Date Company Organized:
(i) Manpower:
Total
Employees:
Direct:
Indirect:
Standard Work Week (Hours):
(j) Commercial Products:
(k) Attach a current organizational chart of the company.
(1) Description of Contractor's system of estimating and
accumulating costs under Government contracts. (Check appropriate
blocks.)
Estimated/ Standard
actual cost cost
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Estimating System:
Job Order
Process
Accumulating System:
Job Order
Process
Has your cost estimating system been approved by any
Government agency?
Yes No
If yes, give name/ date or approval/ and location of agency:
Has your cost accumulation system been approved by any
Government agency?
Yes No
If yes/ give name/ date of approval/ and address of agency:
(m) What is your fiscal year period? (Give month-to-month
dates):
What were the indirect cost rates for your last completed
fiscal
year?
Indirect Basis of
• Fiscal year cost rate allocation
Fringe Benefits
Overhead
G&A Expense
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Other.
(n) Have the proposed indirect cost rate(s) been evaluated
and accepted by any Government agency?
Yes No
If yes, give name, date of approval, and location of the
Government agency:
Date of last preaward audit review by a Government agency:
If the answer is no, data supporting the proposed rates must
accompany the cost or price proposal. A breakdown of the items
comprising overhead and G&A must be furnished.
(o) Cost estimating is performed by:
Accounting Department--
Contracting Department-
Other (describe)
(p) Has system of control of Government property been
approved by a Government agency?
Yes No
If yes, give name, date of approval, and location of the
Government agency:
(q) Purchasing System: FAR 44.302 requires EPA, where it is
the cognizant Government agency/ to conduct a Contractor
Purchasing System Review for each contractor whose sales to the
Government, using other than sealed bid procedures, are expected
to exceed $25 million (annual billings) during the next twelve
months. The $25 million sales threshold is comprised of prime
contracts, subcontractors under Government prime contracts, and
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modifications (except when the negotiated price is based on
established catalog or market prices or is set by law or
regulation).
Has your purchasing system been approved by a Government
agency?
Yes No
If yes/ name and location of the Government agency:
Period of
Approval: -
If no, do you estimate that your negotiated sales to the
Government during the next twelve months will meet the $25
million threshold? Yes No
If you responded yes to the $25 million threshold question,
is EPA the cognizant agency for your organization based on the
preponderance of Government contract dollars?
Yes No
If EPA is not your cognizant Government agency/ provide the
name and location of the cognizant agency
Are your purchasing policies and procedures written?
Yes No
(r) Does your firm have an established written incentive
compensation or bonus plan?
Yes No
(s) Additionally, offerers shall submit current financial
statements, including a Balance Sheet, Statement of Income
(Loss), and Cash Flow for the last two completed fiscal years.
Specify resources available to perform the contract, without
assistance from any outside source. If sufficient resources are
not available, indicate in proposal the amount required and the
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anticipated source (i.e./ bank loans, letter or lines of credit,
etc.) .
(End of Provision)
1552.215-74 Advanced Understanding—Uncompensated Time.
As prescribed in 1515.408(b), insert the following provision
or one substantially the same as the following provision:
ADVANCED UNDERSTANDING—UNCOMPENSATED TIME (AUG 1999)
(a) The estimated cost of this contract is based upon the
Contractor's proposal which specified that exempt personnel
identified to work at the Contractor's facilities will provide
uncompensated labor hours to the contract totaling
percent of compensated labor. (Note: the commitment for
uncompensated time, and the formula elements in paragraph (b)
below, apply only to exempt personnel working at the Contractor's
facilities and does not include non-exempt personnel or exempt
personnel working at other facilities.) Uncompensated labor hours
are defined as hours of exempt personnel in excess of regular
hours for a pay period which are actually worked and
recorded in accordance with the company policy, entitled,
(b) Recognizing that the probable cost to the Government for
the labor provided under this contract is calculated assuming a
proposed level of uncompensated labor hours, it is hereby agreed
that in the event the proposed level of uncompensated labor hours
are not provided, an adjustment, calculated in accordance with
the following formula will be made to the contract amount.
Formula:
Adjustment equals estimated value of uncompensated time hours
not provided.
Target uncompensated time percent minus percent.
Shortage of uncompensated time percent minus actual cost
percent.
Estimated value of uncompensated time hours not provided
equals shortage of uncompensated time percent times total exempt
applicable direct labor costs (including applicable indirect
costs).
(c) Within three weeks after the end of the contract, the
Contractor shall submit a statement concerning the amount of
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uncompensated time hours delivered during the contract. In the
event there is a shortage of uncompensated time hours provided, a
calculation, utilizing the above formula will be made and this
calculation will be the basis for an adjustment in the contract
amount.
(d) In the event adjustments are made to the contract, the
adjusted amounts shall not be allowable as a direct or indirect
cost to this or any other Government contract.
[End of clause]
1552.215-76 General Financial and Organizational Information.
As prescribed in 1515.407 (a)(3), insert the following
provision:
GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION
(APR 1984)
Offerers or quoters are requested to provide information
regarding the following items in sufficient detail to allow a
full and complete business evaluation. If the question indicated
is not applicable or the answer is none, it should be annotated.
If the offerer has previously submitted the information, it
should certify the validity of that data currently in file at EPA
or update all outdated information on file.
(a) Contractor's Name:
(b) Address (if financial records are maintained at some
other location, show the address of the place where the records
are kept):
(c) Telephone Number:
(d) Individual(s) to contact re this proposal:
(e) Cognizant Government;
Audit Agency:
Address:
Auditor:
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(f) (1) Work Distribution for the Last Completed Fiscal
Accounting Period:
Sales:
Government cost-reimbursement type prime
contracts and subcontracts: $
Government fixed-price prime
contracts and subcontracts: $
Commercial Sales: $
Total Sales:
(2) Total Sales for first and second fiscal years
immediately preceding last completed fiscal year.
Total Sales for First Preceding Fiscal Year $
Total Sales for Second Preceding Fiscal Year $
(g) Is company a separate entity or division?
Yes No
If a division or subsidiary corporation, name parent company:
(h) Date Company Organized:
(i) Manpower:
Total Employees:
Direct:
Indirect:
Standard Work Week (Hours):
(j) Commercial Products:
(k) Attach a current organizational chart of the company.
(1) Description of Contractor's system of estimating and
accumulating costs under Government contracts. (Check
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appropriate blocks.)
Estimated/ Standard
Actual Cost Cost
Estimating System
Job Order
Process
Accumulating System
Job Order
Process
Has your cost estimating system been approved by any Government
agency? Yes No
If yes, give name and location of agency:
(m) What is your fiscal year period? (Give month-to-month
dates) : - - through - - .
What were the indirect cost rates for your last completed fiscal
year?
Fiscal Indirect Basis of
Year Cost Rate Allocation
Fringe Benefits
Overhead
G&A Expense
Other
(n) Have the proposed indirect cost rate(s) been evaluated
and accepted by any Government agency? Yes No
If yes/ provide name and location of the Government agency:
Date of last preaward audit review by a Government agency:
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(If the answer is no, data supporting the proposed rates must
accompany the cost or price proposal. A breakdown of the items
comprising overhead and G&A must be furnished.)
(o) Cost estimating is performed by:
Accounting Department
Contracting Department
Other (describe)
(p) Has system of control of Government property been
approved by a Government agency? Yes No
If yes, name and location of the Government agency:
(q) Purchasing System:
FAR 44.302 requires EPA, where it is the cognizant Government
agency, to conduct a Contractor Purchasing System Review for
each contractor whose sales to the Government, using other
than sealed bid procedures, are expected to exceed $10 million
(annual billings) during the next twelve months. The $10 million
sales threshold is comprised of prime contracts, subcontracts
under Government prime contracts, and modifications (except when
the negotiated price is based on established catalog or market
prices or is set by law or regulation). Has your purchasing
system been approved by a Government agency?
Yes No
If yes, name and location of the Government agency:
Period of Approval:
If no, do you estimate that your negotiated sales to the
Government during the next twelve months will meet the $10
million threshold?
Yes No
If you respond yes to the $10 million threshold question, is EPA
the cognizant agency for your organization based on the
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preponderance of Government contract dollars?
Yes No
If EPA is not your cognizant Government agency, provide the name
and location of the cognizant agency:
Are your purchasing policies and procedures written?
Yes No
(r) Does your firm have an established written incentive
compensation or bonus plan? Yes No
(End of provision)
1552.216-70 Award Fee.
As prescribed in 1516.405(a)/ insert the following clause:
AWARD FEE (SEPT 1995)
(a) The Government shall pay the contractor a base fee/ if
any/ and such additional fee as may be earned/ as provided in the
award fee plan incorporated into the Schedule.
(b) Award fee determinations made by the Government under
this contract are unilaterally determined by the Fee
Determination Official (FDO) and are not subject to appeal under
the Disputes clause.
(c) The Government may unilaterally change the award fee
plan at any time/ via contract modification/ at least thirty (30)
calendar days prior to the beginning of the applicable evaluation
period. Changes issued in a unilateral modification are not
subject to equitable adjustments/ consideration/ or any other
renegotiation of the contract.
(End of clause)
1552.216-71 Date of Incurrence of Cost.
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As prescribed in 1516.307, insert the following contract
clause in cost-reimbursement contracts when an anticipatory cost
letter has been issued on the project. The beginning dates and
the not-to-exceed amount to be inserted in the clause should be
those in the anticipatory cost letter.
DATE OF INCURRENCE OF COST (APR 1984)
The Contractor is entitled to reimbursement for allowable,
allocable costs incurred during the period of to
the award date of this contract in an amount not to exceed
$ . All terms and conditions of this contract are
in effect from .
(End of clause)
1552.216-72 Ordering - By Designated Ordering Officers.
As prescribed in 1516.505(a), insert the following in
indefinite delivery/indefinite quantity contracts.
ORDERING - BY DESIGNATED ORDERING OFFICERS
(APR 1984)
(a) The Government will order any supplies and
services to be furnished under this contract by issuing
delivery orders on Optional Form 347, or any agency prescribed
form, from through In addition to the Contracting
Officer, the following individuals are authorized ordering
officers: .
(b) A Standard Form 30 will be the method of amending
delivery orders.
(c) The Contractor shall acknowledge receipt of each order
and shall prepare and forward to the Ordering Officer within ten
(10) calendar days the proposed staffing plan for accomplishing
the assigned task within the period specified.
(d) If the Contractor considers the estimated labor hours or
specified work completion date to be unreasonable/ he/she shall
promptly notify the Ordering Officer and Contracting Officer in
writing within 10 calendar days, stating why the estimated labor
hours or specified completion date is considered unreasonable.
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(e) Each delivery order will have a ceiling price, which the
Contractor may not exceed. When the Contractor has reason to
believe that the labor payment and support costs for the order/
which will accrue in the next thirty (30) days/ will bring total
cost to over 85 percent of the ceiling price specified in the
order, the Contractor shall notify the Ordering Officer.
(f) Paragraphs (c)/ (d)/ and (e) of this clause apply only
when services are being ordered.
(End of clause)
1552.216-73 Fixed Rates for Services - Indefinite
Delivery/Indefinite Quantity Contract.
As prescribed in 1516.505(b), insert the following clause to
specify fixed rates for services in indefinite delivery/
indefinite quantity contracts. When the contract contains
options, the clause should be modified to reflect the information
and data for the base period and any option periods.
FIXED RATES FOR SERVICES - INDEFINITE DELIVERY/INDEFINITE
QUANTITY CONTRACT (APR 1984)
The following fixed rates shall apply for payment purposes
for the duration of the contract.
Estimated Fixed
Personnel Skill Direct Labor Hourly
Classification Level Hours Rate Total
The rate, or rates, set forth above cover all expenses,
including report preparation, salaries, overhead, general and
administrative expenses, and profit.
The Contractor shall voucher for only the time of the
Personnel whose services are applied directly to the work called
for in individual Delivery Orders and accepted by the EPA Project
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Officer. The Government shall pay the Contractor for the life of
a delivery order at rates in effect when the delivery order was
issued/ even if performance under the delivery order crosses into
another period. The Contractor shall maintain time and labor
distribution records for all employees who work under the
contract. These records must document time worked and work
performed by each individual on all Delivery Orders.
(End of clause)
1552.216-74 Payment of Fee.
As prescribed in 1516.307(b)/ insert the following clause:
PAYMENT OF FEE (MAY 1991)
(a) The term "fee" in this clause refers to either the fixed
fee under a cost-plus-fixed-fee type contract, or the base fee
under a cost-plus-award-fee type contract.
(b) The Government will make provisional fee payments on the
basis of percentage of work completed. Percentage of work
completed is the ratio of direct labor hours performed to the
direct labor hours set forth in clause 1552.211-73, "Level of
Effort - Cost Reimbursement Term Contract."
(End of clause)
1552.216-75 Base Fee and Award Fee Proposal.
As prescribed in 1516.405(b), insert the following clause:
BASE FEE AND AWARD FEE PROPOSAL (FEE 1999)
For the purpose of this solicitation, offerers shall propose
a combination of base fee and award fee. Base fee shall not
exceed 3% of the estimated cost/ excluding fee/ and the award fee
shall not be less than % of the total estimated cost/
excluding fee. The combined percentages of base and award fee
shall not exceed % of the total estimated cost/ excluding
fee.
(End of clause)
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1552.216-76 Estimated Cost and Cost-Sharing.
As prescribed in 1516.307(c)/ insert the following clause:
ESTIMATED COST AND COST-SHARING (APR 1996)
(a) The total estimated cost of performing the work under
this contract is $ . The Contractor's share of this
cost shall not exceed $ . The Government's share of
this cost shall not exceed $
(b) For performance of the work under the contract, the
Contractor shall be reimbursed for not more than
percent of the cost of performance determined to be allowable
under the Allowable Cost and Payment clause. The remaining
balance of allowable cost shall constitute the Contractor's
share.
(c) Fee shall not be paid to the prime contractor under this
cost-sharing contract.
(d) The Contractor shall maintain records of all costs
incurred and claimed for reimbursement as well as any other costs
claimed as part of its cost share. Those records shall be
subject to audit by the Government.
(e) Costs contributed by the Contractor shall not be charged
to the Government under any other contract, grant or agreement
(including allocation to other contracts as part of an
independent research and development program) nor be included as
contributions under any other Federal contract.
(End of clause)
1552.217-70 Evaluation of Contract Options.
As prescribed in 1517.208(a), insert the following
solicitation provision in Requests for Proposals when the
solicitation contains options.
EVALUATION OF CONTRACT OPTIONS (APR 1984)
For award purposes, in addition to an offerer's response to
the basic requirement, the Government will evaluate its response
to all options, both technical and cost. Evaluation of options
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will not obligate the Government to exercise the options. For
this solicitation the options are as specified in Section H.
[End of provision]
1552.217-71 Option To Extend the Term of the Contract - Cost-
Type Contract.
As prescribed in 1517.208(b)/ insert this contract clause in
cost reimbursement type term form contracts when applicable. If
only one option period is used/ enter "NA" in the proper places
of the clause. If more than two option periods apply/ the clause
may be modified accordingly.
OPTION TO EXTEND THE TERM OF THE CONTRACT—
COST-TYPE CONTRACT (APR 1984)
The Government has the option to extend the term of this
contract for additional period(s). If more than 60 days
remain in the contract period of performance/ the Government,
without prior written notification/ may exercise this option by
issuing a contract modification. To exercise this option within
the last 60 days of the period of performance/ the Government
must provide to the Contractor written notification prior to that
last 60-day period. This preliminary notification does not
commit the Government to exercising the option. The Government's
estimated level of effort is direct labor hours for
the first option period and for the second. Use of an
option will result in the following contract modifications:
(a) The "Period of Performance" clause will be amended to
cover a base period from to and option
periods from to and to
(b) Paragraph (a) of the "Level of Effort" clause will be
amended to reflect a new and separate level of effort of
for the first option period and a new and separate
level of effort of for the second option period.
(c) The "Estimated Cost and Fixed Fee" clause will be
amended to reflect increased estimated costs and fixed fee for
each option period as follows:
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Option 1 Option 2
Estimated Cost
Fixed Fee
Total
(d) If this contract contains "not to exceed amounts" for
elements of other direct costs (ODC), those amounts will be
increased as follows:
Other Direct
Cost Item Option 1 Option 2
(End of clause)
1552.217-72 Option To Extend the Term of the Contract—Cost-
Plus-Award-Fee Contract.
As prescribed in 1517.208(c) / insert this contract clause in
cost plus-award-fee term contracts when applicable. If only one
option period is used, enter "NA" in the proper places of the
clause. If more than two option periods apply/ modify the clause
accordingly.
OPTION TO EXTEND THE TERM OF THE CONTRACT -
COST-PLUS-AWARD-FEE CONTRACT (APR 1984)
(a) The Government has the option to extend the term of this
contract for additional periods. If more than 60 days
remain in the contract period of performance/ the Government,
without prior written notification/ may exercise this option by
issuing a contract modification. To exercise this option within
the last 60 days of the period of performance, the Government
must provide to the Contractor written notification prior to that
last 60-day period. This preliminary notification does not
commit the Government to exercising the option. The Government's
estimated level of effort is direct labor hours for
the first option period and for the second. Use of an
option will result in the following contract modifications:
(b) The "Period of Performance" clause will be amended to
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cover a base period from to and option
periods from to and to
(c) Paragraph (a) of the "Level of Effort" clause will be
amended to reflect a new and separate level of effort of
for the first option period and a new and separate
level of effort of for the second option period.
(d) The "Estimated Cost Base Fee and Award Fee" clause will
be amended to reflect increased estimated costs and base fee and
award fee pool for each option period as follows:
Option 1 Option 2
Estimated Cost
Base Fee
Award Fee Pool
Total
(e) If this contract contains "not to exceed amounts" for
elements of other direct costs (ODC),. those amounts will be
increased as follows:
Other Direct
Cost Item Option 1 Option 2
(End of clause)
1552.217-73 Option for Increased Quantity—Cost Type
Contract.
As prescribed in 1517.208(d)/ insert this contract clause in
cost reimbursement type term form contracts when applicable. If
only one option period is used/ enter "NA" in the proper places
of the clause. If more than two option periods apply, modify the
clause accordingly.
OPTION FOR INCREASED QUANTITY—COST TYPE CONTRACT (JUN 1997)
(a) By issuing a contract modification/ the Government may
increase the estimated level of effort by direct labor
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hours during the base period, during the first option
period, and during the second option period. The
Government may issue a maximum of orders to increase the
level of effort in blocks of hours during any given
period. The estimated cost and fixed fee of each block of hours
is as follows:
Base Period Option 1 Option 2
Estimated Cost
Fixed Fee
Total
(b) When these options are exercised, paragraph (a) of the
"Level of Effort" clause and the "Estimated Cost and Fixed Fee"
clause will be modified accordingly.
(c) If this contract contains "not to exceed amounts" for
elements of other direct costs (ODCs), those amounts will be
increased as follows:
Other direct cost item Option 1 Option 2
(End of clause)
1552.217-74 Option for Increased Quantity—Cost Plus Award Fee
Contract.
As prescribed in 1517.208(e), insert this contract clause in
cost plus-award-fee term contracts when applicable. If only one
option period is used, enter "NA" in the proper places of the
clause. If more than two option periods apply, the clause may be
modified accordingly.
OPTION FOR INCREASED QUANTITY—COST PLUS AWARD FEE CONTRACT
(JUN 1997)
(a) By issuing a contract modification, the Government may
increase the estimated level of effort by direct labor
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hours during the base period, during the first option
period/ and during the second option period. The
Government may issue a maximum of orders to increase the
level of effort in blocks of hours during any given
period. The estimated cost/ base fee/ and award fee pool of each
block of hours is as follows:
Base Period Option 1 Option 2
Estimated Cost
Base Fee
Award Fee Pool
Total
(b) When these options are exercised/ paragraph (a) of the
"Level of Effort" clause and the "Estimated Cost/ Base Fee/ and
Award Fee" clause will be modified accordingly.
(c) If this contract contains "not to exceed amounts" for
elements of other direct costs (ODCs), those amounts will be
increased as follows:
Other direct cost item Option 1 Option 2
(End of clause)
1552.217-75 Option to Extend the Effective Period of the
Contract - Time and Materials or Labor Hour
Contract.
As prescribed in 1517.208 (f), insert this clause in time and
materials or labor hour type contracts when applicable. This
clause will be modified to reflect the actual number of option
periods for the acquisition. If only one option period is used,
modify (c) accordingly.
OPTION TO EXTEND THE EFFECTIVE PERIOD OF THE CONTRACT -
TIME AND MATERIALS OR LABOR HOUR
CONTRACT (APR 1984)
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(a) The Government has the option to extend the effective
period of this contract for additional period(s) . If more
than sixty (60) days remain in the contract effective period, the
Government, without prior written notification, may exercise this
option by issuing a contract modification. To unilaterally
exercise this option within the last 60 days of the effective
period, the Government must issue written notification of its
intent to exercise the option prior to that last 60-day period.
This preliminary notification does not commit the Government to
exercising the option.
(b) If the option(s) are exercised, the "Ceiling Price"
clause will be modified to reflect a new and separate ceiling
price of $ for the first option period and a new and
separate ceiling price of $ for the second option period.
(c) The "Effective Period of the Contract" clause will be
modified to cover a base period from to and option
periods from to and to .
(End of clause)
1552.217-76 Option To Extend the Effective Period of the
Contract - Indefinite Delivery/Indefinite Quantity
Contract.
As prescribed in 1517.208(g), the following is used in
indefinite delivery/indefinite quantity type contracts with
options to extend the effective period of the contract. The
clause may be adjusted depending upon the number of options. If
only one option period is used, modify (b) and (c) accordingly.
OPTION TO EXTEND THE EFFECTIVE PERIOD OF THE CONTRACT -
INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT
(APR 1984)
(a) The Government has the option to extend the effective
period of this contract for additional period(s) . If more
than sixty (60) days remain in the contract effective period, the
Government, without prior written notification, may exercise this
option by issuing a contract modification. To unilaterally
exercise this option within the last 60 days of the effective
period, the Government must issue written notification of its
intent to exercise the option prior to that last 60-day period.
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This preliminary notification does not commit the Government to
exercising the option.
(b) If the options are exercised, the "Minimum and Maximum
Contract Amount" clause will be modified to reflect new and
separate minimums of for the first option period and
for the second option period/ and new and separate maximums of
for the first option period and for the second option
period.
(c) The "Effective Period of the Contract" clause will be
modified to cover a base period from to and option
periods from to and to .
(End of clause)
1552.223-70 Protection of Human Subjects.
As prescribed in 1523.303-70, insert the following contract
clause when the contract involves human test subjects.
PROTECTION OF HUMAN SUBJECTS (APR 1984)
(a) The Contractor shall protect the rights and welfare of
human subjects in accordance with the procedures specified in its
current Institutional Assurance on file with the Agency. The
Contractor shall certify at least annually that an appropriate
institutional committee has reviewed and approved the procedures
which involve human subjects in accordance with the applicable
Institutional Assurance accepted by the Agency.
(b) The Contractor shall bear full responsibility for the
proper and safe performance of all work and services involving
the use of human subjects under this contract.
(End of clause)
1552.224-70 Social Security Numbers of Consultants and Certain
Sole Proprietors and Privacy Act Statement.
As prescribed in 1524.104, insert the following provision in
all solicitations.
SOCIAL SECURITY NUMBERS OF CONSULTANTS AND CERTAIN SOLE
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PROPRIETORS AND PRIVACY ACT STATEMENT (APR 1984)
(a) Section 6041 of Title 26 of the U.S. Code requires EPA
to file Internal Revenue Service (IRS) Form 1099 with respect to
individuals who receive payments from EPA under purchase orders
or contracts. Section 6109 of Title 26 of the U.S. Code
authorizes collection by EPA of the social security numbers of
such individuals for the purpose of filing IRS Form 1099. Social
security numbers obtained for this purpose will be used by EPA
for the sole purpose of filing IRS Form 1099 in compliance with
Section 6041 of Title 26 of the U.S. Code.
(b) If the offerer or quoter is an individual, consultant/
or sole proprietor and has no Employer Identification Number/
insert the offerer's or quoter's social security number on the
following line.
(End of provision)
1552.227-76 Project employee confidentiality agreement.
As prescribed in 1527.409, insert the following clause:
PROJECT EMPLOYEE CONFIDENTIALITY AGREEMENT
(MAY 1994)
(a) The Contractor recognizes that Contractor employees in
performing this contract may have access to data/ either provided
by the Government or first generated during contract performance,
of a sensitive nature which should not be released to the public
without Environmental Protection Agency (EPA) approval.
Therefore, the Contractor agrees to obtain confidentiality
agreements from all of its employees working on requirements
under this contract.
(b) Such agreements shall contain provisions which stipulate
that each employee agrees that the employee will not disclose,
either in whole or in part, to any entity external to EPA/ the
Department of Justice/ or the Contractor, any information or data
(as defined in FAR Section 27.401) provided by the Government or
first generated by the Contractor under this contract, any site-
specific cost information, or any enforcement strategy without
first obtaining the written permission of the EPA Contracting
Officer. If a contractor, through an employee or otherwise, is
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subpoenaed to testify or produce documents/ which could result in
such disclosure, the Contractor must provide immediate advance
notification to the EPA so that the EPA can authorize such
disclosure or have the opportunity to take action to prevent such
disclosure. Such agreements shall be effective for the life of
the contract and for a period of five (5) years after completion
of the contract.
(c) The EPA may terminate this contract for convenience, in
whole or in part, if it deems such termination necessary to
prevent the unauthorized disclosure of information to outside
entities. If such a disclosure occurs without the written
permission of the EPA Contracting Officer, the Government may
terminate the contract, for default or convenience, or pursue
other remedies as may be permitted by law or this contract.
(d) The Contractor further agrees to insert in any
subcontract or consultant agreement placed hereunder, except for
subcontracts or consultant agreements for well drilling, fence
erecting, plumbing, utility hookups, security guard services, or
electrical services, provisions which shall conform substantially
to the language of this clause, including this paragraph, unless
otherwise authorized by the Contracting Officer.
(End of clause)
1552.229-70 State and Local Taxes.
As prescribed in 1529.401-70, insert the following clause:
STATE AND LOCAL TAXES (NOV 1989)
In accordance with FAR 29.303 and FAR 31.205-41, the Con-
tractor or any subcontractor under this contract shall not be
reimbursed for payment of any State and local taxes for which an
exemption is available. The Contractor is responsible for
determining the availability of State and local tax exemptions
and obtaining such exemptions, if available. The Contractor
shall include this clause, suitably modified to identify the
parties, in all subcontracts at any tier. The Contractor shall
notify the Contracting Officer if problems arise in obtaining a
State and local tax exemption. The contractor may seek a waiver
by the Contracting Officer from this requirement if the
administrative burden of seeking an exemption appears to outweigh
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the potential savings to the Government.
(End of clause)
1552.232-70 Submission of Invoices.
As prescribed in 1532.908, insert the following clause:
SUBMISSION OF INVOICES (JUN 1996)
In order to be considered properly submitted/ an invoice or
request for contract financing payment must meet the following
contract requirements in addition to the requirements of FAR
32.905:
(a) Unless otherwise specified in the contract/ an invoice
or request for contract financing payment shall be submitted as
an original and five copies. The Contractor shall submit the
invoice or request for contract financing payment to the
following offices/individuals designated in the contract: the
original and two copies to the Accounting Operations Office shown
in Block on the cover of the contract; two copies to the
Project Officer (the Project Officer may direct one of these
copies to a separate address); and one copy to the Contracting
Officer.
(b) The Contractor shall prepare its invoice or request for
contract financing payment on the prescribed Government forms.
Standard Forms Number 1034, Public Voucher for Purchases and
Services other than Personal, shall be used by contractors to
show the amount claimed for reimbursement. Standard Form 1035,
Public Voucher for Purchases and Services other than Personal—
Continuation Sheet, shall be used to furnish the necessary
supporting detail or additional information required by the
Contracting Officer. The Contractor may submit self-designated
forms which contain the required information.
(c)(1) The Contractor shall prepare a contract level invoice
or request for contract financing payment in accordance with the
invoice preparation instructions identified as a separate
attachment in Section J of the contract. If.contract work is
authorized by individual work assignments, the invoice or request
for contract financing payment shall also include a summary of
the current and cumulative amounts claimed by cost element for
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each work assignment and for the contract total, as well as any
supporting data for each work assignment as identified in the
instructions.
(2) The invoice or request for contract financing payment
shall include current and cumulative charges by major cost
element such as direct labor, overhead, travel, equipment, and
other direct costs. For current costs, each major cost element
shall include the appropriate supporting schedule identified in
the invoice preparation instructions. Cumulative charges
represent the net sum of current charges by cost element for the
contract period.
(3) The charges for subcontracts shall be further detailed
in a supporting schedule showing the major cost elements for each
subcontract. The degree of detail for any subcontract exceeding
$5,000 is to be the same as that set forth under (c)(2).
(4) The charges for consultants shall be further detailed in
the supporting schedule showing the major cost elements of each
consultant. For current costs/ each major cost element of the
consulting agreement shall also include the supporting schedule
identified in the invoice preparation instructions.
(d) Invoices or requests for contract financing payment must
clearly indicate the period of performance for which payment is
requested. Separate invoices or requests for contract financing
payment are required for charges applicable to the basic contract
and each option period.
(e) (1) Notwithstanding the provisions of the clause of this
contract at FAR 52.216-7, Allowable Cost and Payment, invoices or
requests for contract financing payment shall be submitted once
per month unless there has been a demonstrated need and
Contracting Officer approval for more frequent billings. When
submitted on a monthly basis, the period covered by invoices or
requests for contractor financing payments shall be the same as
the period for monthly progress reports required under this
contract.
(2) If the Contracting Officer allows submissions more
frequently than monthly, one submittal each month shall have the
same ending period of performance of the monthly progress report.
(3) Where cumulative amounts on the monthly progress report
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differ from the aggregate amounts claimed in the invoice(s) or
request(s) for contract financing payments covering the same
period/ the contractor shall provide a reconciliation of the
difference as part of the payment request.
Alternate I (JUN 1996). If used in a fixed-rate type
contract, substitute the following paragraphs (c) (1) and (2) for
paragraphs (c)(1) and (2) of the basic clause:
(c)(1) The Contractor shall prepare a contract level invoice
or request for contract financing payment in accordance with the
invoice preparation instructions identified as a separate
attachment in Section J of the contract. If contract work is
authorized by individual delivery orders, the invoice or request
for contract financing payment shall also include a summary of
the current and cumulative amounts claimed by cost element for
each delivery order and for the contract total, as well as any
supporting data for each delivery order as identified in the
instructions.
(2) The invoice or request for contract financing payment
that employs a fixed rate feature shall include current and
cumulative charges by contract labor category and by other major
cost elements such as travel, equipment, and other direct costs.
For current costs, each cost element shall include the
appropriate supporting schedules identified in the invoice
preparation instructions.
(End of clause)
1552.232-73 Payments - Fixed-Rate Services Contract.
As prescribed in 1532.111, insert the following in
indefinite delivery/indefinite quantity contracts with fixed
services rates.
PAYMENTS - FIXED-RATE SERVICES CONTRACT (APR 1984)
The Government shall pay the Contractor as follows up the
submission of invoices or vouchers approved by the Contracting
Officer:
(a) Hourly rate.
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(1) The amounts shall be computed by multiplying the
appropriate hourly rates prescribed in the Schedule by
the number of direct labor hours performed. The rates
shall include wages, indirect costs, general and
administrative expenses, and profit. Fractional parts
of an hour shall be payable on a prorated basis.
Vouchers may be submitted once each month (or at more
frequent intervals, if approved by the Contracting
Officer) to the paying office. The Contractor shall
substantiate vouchers by evidence of actual payment and
by individual daily job, time cards, or other
substantiation approved by the Contracting Officer.
Promptly after receipt of each substantiated voucher,
the Government shall, except as otherwise provided in
this contract and subject to the terms of paragraph (e)
of this contract, pay the voucher as approved by the
Contracting Officer.
(2) Unless otherwise prescribed in the Schedule, -the
Contracting Officer shall withhold 5 percent of the
amounts due under this paragraph (a), but the total
amount withheld shall not exceed $50,000. The amounts
withheld shall be retained until the execution and
delivery of a release by the Contractor as provided in
paragraph (f) of this contract.
(3) Unless the Schedule prescribes otherwise, the
hourly rates in the Schedule shall not be varied by
virtue of the Contractor having performed work on
an overtime basis. If no overtime rates are provided in
the Schedule and overtime work is approved in advance by
the Contracting Officer, overtime rates shall be
negotiated. Failure to agree upon these overtime rates
shall be treated as a dispute under the "Disputes"
clause of this contract. If the Schedule provides rates
for overtime, the premium portion of those rates will be
reimbursable only to the extent the overtime is approved
by the Contracting Officer.
(b) Materials, other direct costs, and subcontracts.
(1) The allowability of direct materials and other
direct costs shall be determined by the Contracting
Officer in accordance with Subpart 31.2 of" the Federal
Acquisition Regulation (FAR) in effect on the date of
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this contract. Reasonable and allocable material
handling costs or indirect costs may be included in the
charge for material or other direct costs to the extent
they are clearly excluded from the hourly rate.
Material handling and/or indirect cost rates are
specified in the "Indirect Costs" clause. Material
handling costs are comprised of indirect costs,
including, when appropriate, general and administrative
expense allocated to direct materials in accordance
with the Contractor's usual accounting practices
consistent with Subpart 31.2 of the FAR. The
Contractor shall be reimbursed for items and services
purchased directly for the contract only when cash,
checks, or other forms of actual payment have been made
for such purchased items or services. Direct materials
or other direct costs, as used in this clause, are
those items which enter directly into the end product,
or which are used or consumed directly in connection
with the furnishing of the end product.
(2) Subcontracted effort may be included in the fixed
hourly rates discussed in paragraph (a)(l)of this
clause and will be reimbursed as discussed in that
paragraph. Otherwise, the cost of subcontracts that
are authorized under the subcontracts clause of this
contract shall be reimbursable costs under this clause
provided that the costs are consistent with subparagraph
(3) of this clause. Reimbursable costs in connection
with subcontracts shall be limited to the amounts paid
to the subcontractor in the same manner as for items and
services purchased directly for the contract under
paragraph (a)(1) of this clause; however, this
requirement shall not apply to a Contractor that is a
small business concern. Reimbursable costs shall not
include any costs arising from the letting,
administration, or supervision of performance of the
subcontract, if the costs are included in the hourly
rates payable under paragraph (a)(1) of this clause.
(3) To the extent able, the Contractor shall (i) obtain
materials at the most advantageous prices available
with due regard to securing prompt delivery of
satisfactory materials; and (ii) take all cash and
trade discounts, rebates, allowances, credits, salvage,
commissions, and other benefits. When unable to take
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advantage of the benefits/ the Contractor shall
promptly notify the Contracting Officer and give the
reasons. Credit shall be given to the Government for
cash and trade discounts/ rebates/ allowances/ credits/
salvage, the value of any appreciable scrap/
commissions/ and other amounts that have accrued to the
benefit of the Contractor, or would have accrued except
for the fault or neglect of the Contractor. The
benefits lost without fault or neglect on the part of
the Contractor/ or lost through fault of the
Government/ shall not be deducted from gross costs.
(4) If the nature of the work to be performed requires
the Contractor to furnish material which is regularly
sold to the general public in the normal course of
business by the Contractor/ the price to be paid for
such material/ notwithstanding (b)(1) of this contract/
shall be on the basis of an established catalog or list
price, in effect when the material is furnished/ less
all applicable discounts to the Government; provided/
that in no event shall such price be in excess of the
Contractor's sales price to .its most favored customer
for the same item in like quantity/ or the current
market price/ whichever is lower.
(c) Contracting Officer notification. For contract adminis-
tration purposes, the Contractor shall notify the Contracting
Officer in writing when the total value of all delivery orders
issued exceeds 85 percent of the maximum price specified in the
schedule.
(d) Maximum amount. The Government shall not be obligated
to pay the Contractor any amount in excess of the maximum amount
in the Schedule/ and the Contractor shall not be obligated to
continue performance if to do so would exceed the maximum amount
set forth in the Schedule, unless or until the Contracting
Officer shall have notified the Contractor in writing that the
maximum amount has been increased and shall have specified in the
notice a revised maximum that shall constitute the maximum amount
or performance under this contract. When and to the extent that
the maximum amount set forth in the Schedule has been increased/
any hours expended, and material or other direct costs incurred
by the Contractor in excess of the maximum amount before the
increase, shall be allowable to the same extent as if the hours
expended and material costs had been incurred after the increase
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in the maximum amount.
(e) Audit. At any time before final payment under this
contract/ the Contracting Officer may request audit of the
invoices or vouchers and substantiating material. Each payment
previously made shall be subject to reduction to the extent of
amounts, on preceding invoices or vouchers/ that are found by the
Contracting Officer not to have been properly payable and shall
also be subject to reduction for overpayments or to increase for
underpayments. Upon receipt and approval of the voucher or
invoice designated by the Contractor as the "completion voucher"
or "completion invoice" and substantiating material/ and upon
compliance by the Contractor with all terms of this contract
(including/ without limitation/ terms relating to patents and the
terms of paragraph (f) and (8) of this clause), the Government
shall promptly pay any balance due the Contractor. The
completion invoice or voucher, and substantiating material, shall
be submitted by the Contractor as promptly as practicable
following completion of the work under this contract, but in no
event/ later than one year (or such longer period as the
Contracting Officer may approve in writing) from the date of
completion.
(f) Assignment. The Contractor/ and each assignee under an
assignment entered into under this contract and in effect at the
time of final payment under this contract/ shall execute and
deliver/ at the time of and as a condition precedent to final
payment under this contract, a release discharging the Govern-
ment, its officers, agents, and employees of and from all liabil-
ities, obligations, and claims arising out of or under this
contract/ subject only to the following exceptions:
(1) Specified claims in stated amounts/ or in estimated
amounts if the amounts are not susceptible of exact
statement by the Contractor.
(2) Claims, together with reasonable incidental
expenses, based upon the liabilities of the Contractor
to third parties arising out of performing this
contract, that are not known to the Contractor on the
date of the execution of the release, and of which the
Contractor gives notice in writing to the Contracting
Officer not more than 6 years after the date of the
release or the date of any notice to the Contractor
that the Government is prepared to make final payment,
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whichever is earlier.
(3) Claims for reimbursement of costs (other than
expenses of the Contractor by reason of its
indemnification of the Government against patent
liability), including reasonable incidental expenses,
incurred by the Contractor under the terms of this
contract relating to patents.
(g) Refunds. The Contractor agrees that any refunds/
rebates, or credits (including any related interest)
accruing to or received by the Contractor or any assignee/
that arise under the materials portion of this contract and
for which the Contractor has received reimbursement, shall
be paid by the Contractor to the Government. The Contractor
and each assignee/ under an assignment entered into under
this contract and in effect at the time of final payment
under this contract, shall execute and deliver, at the time
of and as a condition precedent to final payment under this
contract, an assignment to the Government of such refunds,
rebates, or credits (including any interest) in form and
substance satisfactory to the Contracting Officer.
(End of clause)
1552.233-70 Notice of Filing Requirements for Agency Protests.
As prescribed in 1533.103, insert the following clause in
all types of solicitations:
NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS
(JULY 1999)
Agency protests must be filed with the Contracting Officer
in accordance with the requirements of FAR 33.103 (d) and (e).
Within 10 calendar days after receipt of an adverse Contracting
Officer decision, the protester may submit a written request for
an independent review by the Head of the Contracting Activity.
This independent review is available only as an appeal of a
Contracting Officer decision on a protest. Accordingly, as
provided in 4 CFR 21.2(a)(3), any protest to the GAO must be
filed within 10 days of knowledge of the initial adverse Agency
action.
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(End of clause)
1552.235-70 Screening Business Information for Claims of
Confidential! ty.
As prescribed in 1535.007-70(3), insert the following
contract clause in all types of contracts when the Contracting
Officer has determined that during performance of this contract,
the Contractor may be required to collect information to perform
the work required under this contract. Some of the information
may consist of trade secrets or commercial or financial
information that would be considered as proprietary or
confidential by the business that has the right to the
information. The following clause enables EPA to resolve any
claims of confidentiality concerning the information that the
Contractor will furnish under a contract. The clause entitled
"Treatment of Confidential Business Information" shall also be
included in the contract:
SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY
(APR 1984)
(a) Whenever collecting information under this contract, the
Contractor agrees to comply with the following requirements:
(1) If the Contractor collects information from public
sources, such as books, reports, journals, periodicals,
public records, or other sources that are available to
the public without restriction, the Contractor shall
submit a list of these sources to the appropriate
program office at the time the information is initially
submitted to EPA. The Contractor shall identify the
information according to source.
(2) If the Contractor collects information from a State
or local Government or from a Federal agency, the
Contractor shall submit a list of these sources to the
appropriate program office at the time the information
is initially submitted to EPA. The Contractor shall
identify the information according to source.
(3) If the Contractor collects information directly
from a business or from a source that represents a
business or businesses, such as a trade association:
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(i) Before asking for the information/ the
Contractor shall identify itself, explain that it
is performing contractual work for the U.S.
Environmental Protection Agency, identify the
information that it is seeking to collect, explain
what will be done with the information, and give
the following notice:
(A) You may, if you desire, assert a business
confidentiality claim covering part or all of the
information. If you do assert a claim, the
information will be disclosed by EPA only to the
extent, and by means of the procedures, set forth
in 40 CFR Part 2, Subpart B.
(B) If no such claim is made at the time this
information is received by the Contractor, it may
be made available to the public by the
Environmental Protection Agency without further
notice to you.
(C) The Contractor shall, in accordance with FAR
Part 9, execute a written agreement
regarding the limitations of the use of
this information and forward a copy
of the agreement to the Contracting Officer.
(ii) Upon receiving the information, the Contractor
shall make a written notation that the notice set
out above was given to the source, by whom, in what
form, and on what date.
(iii) At the time the Contractor initially submits
the information to the appropriate program office,
the Contractor shall submit a list of these sources,
identify the information according to source, and
indicate whether the source made any confidentiality
claim and the nature and extent of the claim.
(b) The Contractor shall keep all information collected from
nonpublic sources confidential in accordance with the clause in
this contract entitled "Treatment of Confidential Business
Information" as if it had been furnished to the Contractor by
EPA.
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(c) The Contractor agrees to obtain the written consent of
the Contracting Officer, after a written determination by the
appropriate program office, prior to entering into any subcon-
tract that will require the subcontractor to collect information.
The Contractor agrees to include this clause/ including this
paragraph (c), and the clause entitled "Treatment of Confidential
Business Information" in all subcontracts awarded pursuant to
this contract that require the subcontractor collect information.
(End of clause)
1552.235-71 Treatment of Confidential Business Information.
As prescribed in 1535.007-70(b), insert the following
contract clause in all types of contracts when the contracting
Officer has determined that in the performance of a contract, EPA
may furnish confidential business information to the Contractor
that EPA obtained under the Clean Air Act (42 U.S.C. 7401 et
seq.)/ the Federal Water Pollution Control Act (33 U.S.C. 1251,
et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.),
the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.
136 et seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
301 et seq.), the Resource Conservation and Recovery Act (42
U.S.C. 6901 et seq.), or the Toxic Substances Control Act (15
U.S.C. 2601 et seq.). EPA regulations on confidentiality of
business information in 40 CFR Part 2 Subpart B require that the
Contractor agree to the clause entitled "Treatment of Confiden-
tial Business Information" before any confidential business
information may be furnished to the Contractor:
TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION
(APR 1984)
(a) The Contracting Officer, after a written determination
by the appropriate program office, may disclose confidential
business information to the Contractor necessary to carry out the
work required under this contract. The Contractor agrees to use
the confidential information only under the following conditions:
(1) The Contractor and Contractor's Employees shall: (i)
use the confidential information only for the purposes
of carrying out the work required by the contract; (ii)
not disclose the information to anyone other than EPA
employees without the prior written approval of the
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Assistant General Counsel for Contracts and Information
Law; and (iii) return to the Contracting Officer all
copies of the information, and any abstracts or excerpts
therefrom/ upon request by the Contracting Officer,
whenever the information is no longer required by the
Contractor for the performance of the work required by
the contract, or upon completion of the contract.
(2) The Contractor shall obtain a written agreement to
honor the above limitations from each of the
Contractor's employees who will have access to the
information before the employee is allowed access.
(3) The Contractor agrees that these contract conditions
concerning the use and disclosure of confidential
information are included for the benefit of and shall be
enforceable by, both EPA and any affected business
having a proprietary interest in the information.
(4) The Contractor shall not use any confidential
information supplied by EPA or obtained during
performance hereunder to compete with any business to
which the confidential information relates.
(b) The Contractor agrees to obtain the written consent of
the Contracting Officer, after a written determination by the
appropriate program office, prior to entering into any subcon-
tract that will involve the disclosure of confidential business
information by the Contractor to the subcontractor. The Contrac-
tor agrees to include this clause, including this paragraph (b),
in all subcontracts awarded, pursuant to this contract, that
require the furnishing of confidential business information to
the subcontractor.
(End of clause)
1552.235-72 [Reserved.]
1552.235-73 Access to Federal Insecticide, Fungicide, and
Rodenticide Act Confidential Business Information
(Apr 1996).
As prescribed in 1535.007(a), insert the following
provision:
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ACCESS TO FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT
CONFIDENTIAL BUSINESS INFORMATION (APR 1996)
In order to perform duties under the contract, the'
Contractor will need to be authorized for access to Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) confidential
business information (CBI). The Contractor and all of its
employees handling CBI while working under the contract will be
required to follow the procedures contained in the security
manual entitled "FIFRA Information Security Manual." These
procedures include applying for FIFRA CBI access authorization
for each individual working under the contract who will have
access to FIFRA CBI, execution of confidentiality agreements, and
designation by the Contractor of an individual to serve as a
Document Control Officer. The Contractor will be required to
abide by those clauses contained in EPAAR 1552.235-70,
1552.235-71, and 1552.235-77 that are appropriate to the
activities set forth in the contract.
Until EPA has approved the Contractor's security plan, the
Contractor may not be authorized for FIFRA CBI access away from
EPA facilities.
(End of provision)
1552.235-74 [Reserved.]
1552.235-75 Access to Toxic Substances Control Act Confidential
Business Information (Apr 1996).
As prescribed in 1535.007(b), insert the following
provision:
ACCESS TO TOXIC SUBSTANCES CONTROL ACT
CONFIDENTIAL BUSINESS INFORMATION (APR 1996)
In order to perform duties under the contract, the
Contractor will need to be authorized for access to Toxic
Substances Control Act (TSCA) confidential business information
(CBI). The Contractor and all of its employees handling CBI
while working under the contract will be required to follow the
procedures contained in the security manual entitled "TSCA
Confidential Business Information Security Manual." These
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procedures include applying for TSCA CBI access authorization for
each individual working under the contract who will have access
to TSCA CBI, execution of confidentiality agreements, and
designation by the Contractor of an individual to serve as a
document Control Officer. The Contractor will be required to
abide by those clauses contained in EPAAR 1552.235-70,
1552.235-71, and 1552.235-78 that are appropriate to the
activities set forth in the contract.
Until EPA has inspected and approved the Contractor's
facilities, the Contractor may not be authorized for TSCA CBI
access away from EPA facilities.
(End of provision)
1552.235-76. Treatment of Confidential Business Information
(TSCA) (Apr 1996).
As prescribed in 1535.007-70(c), insert the following
clause:
TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION (TSCA) (APR 1996)
(a) The Project Officer (PO) or his/her designee, after a
written determination by the appropriate program office, may
disclose confidential business information (CBI) to the
Contractor necessary to carry out the work required under this
contract. The Contractor agrees to use the CBI only under the
following conditions:
(1) The Contractor and Contractor's employees shall (i) use
the CBI only for the purposes of carrying out the work required
by the contract; (ii) not disclose the information to anyone
other than properly cleared EPA employees without the prior
written approval of the Assistant General Counsel for Information
Law or his/her designee; and (iii) return the CBI to the PO or
his/her designee, whenever the information is no longer required
by the Contractor for performance of the work required by the
contract, or upon completion of the contract.
(2) The Contractor shall obtain a written agreement to honor
the above limitations from each of the Contractor's employees who
will have access to the information before the employee is
allowed access.
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(3) The Contractor agrees that these contract conditions
concerning the use and disclosure of CBI are included for the
benefit of, and shall be enforceable by, both EPA and any
affected businesses having a proprietary interest in the
formation.
(4) The Contractor shall not use any CBI supplied by EPA or
obtained during performance hereunder to compete with any
business to which the CBI relates.
(b) The Contractor agrees to obtain the written consent of
the CO, after a written determination by the appropriate program
office, prior to entering into any subcontract that will involve
the disclosure of CBI by the Contractor to the subcontractor.
The Contractor agrees to include this clause, including this
paragraph (b), in all subcontracts awarded pursuant to this
contract that require the furnishing of CBI to the subcontractor.
(End of clause)
1552.235-77 Data Security for Federal Insecticide, Fungicide,
and Rodenticide Act Confidential Business
Information (Dec 1997).
As prescribed in 1535.007-70(d), insert the following
clause:
DATA SECURITY FOR FEDERAL INSECTICIDE, FUNGICIDE,
AND RODENTICIDE ACT CONFIDENTIAL BUSINESS INFORMATION
(DECEMBER 1997)
The Contractor shall handle Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA) confidential business information
(CBI) in accordance with the contract clause entitled "Treatment
of Confidential Business Information" and "Screening Business
Information for Claims of Confidentiality," the provisions set
forth below, and the Contractor's approved detailed security
plan.
(a) The Project Officer (PO) or his/her designee, after a
written determination by the appropriate program office, may
disclose FIFRA CBI to the contractor necessary to carry out the
work required under this contract. The Contractor shall protect
all FIFRA CBI to which it has access (including CBI "used in its
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computer operations) in accordance with the following
requirements:
(1) The Contractor and Contractor's employees shall follow
the security procedures set forth in the FIFRA Information
Security Manual. The manual may be obtained from the Project
Officer (PO) or the Chief/ Information Services Branch (ISB),
Program Management and Support Division, Office of Pesticide
Programs (OPP) (H7502C), U.S. Environmental Protection Agency,
Ariel Rios Building, 1200 Pennsylvania Avenue, N.W., Washington,
DC 20460.
(2) The Contractor and Contractor's employees shall follow
the security procedures set forth in the Contractor's security
plan(s) approved by EPA.
(3) Prior to receipt of FIFRA CBI by the Contractor, the
Contractor shall ensure that all employees who will be cleared
for access to FIFRA CBI have been briefed on the handling,
control, and security requirements set forth in the FIFRA
Information Security Manual.
(4) The Contractor Document Control Officer (DCO) shall
obtain a signed copy of the FIFRA "Contractor Employee
Confidentiality Agreement" from each of the Contractor's
employees who will have access to the information before the
employee is allowed access.
(b) The Contractor agrees that these requirements concerning
protection of FIFRA CBI are included for the benefit of, and
shall be enforceable by, both EPA and any affected business
having a proprietary interest in the information.
(c) The Contractor understands that CBI obtained by EPA
under FIFRA may not be disclosed except as authorized by the Act,
and that any unauthorized disclosure by the Contractor or the
Contractor's employees may subject the Contractor and
Contractor's employees to the criminal penalties specified in
FIFRA (7 U.S.C. 136h(f)). For purposes of this contract, the
only disclosures that EPA authorizes the Contractor to make are
those set forth in the clause entitled "Treatment of Confidential
Business Information."
(d) The Contractor agrees to include the provisions of this
clause, including this paragraph (d), in all subcontracts awarded
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pursuant to this contract that require the furnishing of CBI to
the subcontractor.
(e) At the request of EPA or at the end of the contract, the
Contractor shall return to the EPA PO or his/her designee all
documents, logs, and magnetic media which contain FIFRA CBI. In
addition, each Contractor employee who has received FIFRA CBI
clearance will sign a "Confidentiality Agreement for Contractor
Employees Upon Relinquishing FIFRA CBI Access Authority." The
Contractor DCO will also forward those agreements to the EPA PO
or his/her designee, with a copy to the CO, at the end of the
contract.
(f) If, subsequent to the date of this contract, the
Government changes the security requirements, the CO shall
equitably adjust affected provisions of this contract, in
accordance with the "Changes" clause when:
(1) The Contractor submits a timely written request for an
equitable adjustment; and
(2) The facts warrant an equitable adjustment.
(End of clause)
1552.235-78 Data Security for Toxic Substances Control Act
Confidential Business Information (Dec 1997).
As prescribed in 1535.007-70(e), insert the following
clause:
DATA SECURITY FOR TOXIC SUBSTANCES CONTROL ACT
CONFIDENTIAL BUSINESS INFORMATION (DECEMBER 1997)
The Contractor shall handle Toxic Substances Control Act
(TSCA) confidential business information (CBI) in accordance with
the contract clause entitled "Treatment of Confidential Business
Information" and "Screening Business Information for Claims of
Confidentiality."
(a) The Project Officer (PO) or his/her designee, after a
written determination by the appropriate program office, may
disclose TSCA CBI to the contractor necessary to carry our the
work required under this contract. The Contractor shall protect
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all TSCA CBI to which it has access (including CB1 used in its
computer operations) in accordance with the following
requirements:
(1) The Contractor and Contractor's employees shall follow
the security procedures set forth in the TSCA CBI Security
Manual. The manual may be obtained from the Director, Information
Management Division (IMD), Office of Pollution Prevention and
Toxics (OPPT)/ U.S. Environmental Protection Agency (EPA)/ Ariel
Rios Building, 1200 Pennsylvania Avenue/ Washington/ DC 20460.
Prior to receipt of TSCA CBI by the Contractor/ the Contractor
shall ensure that all employees who will be cleared for access to
TSCA CBI have been briefed on the handling, control/ and security
requirements set forth in the TSCA CBI Security Manual.
(2) The Contractor shall permit access to and inspection of
the Contractor's facilities in use under this contract by
representatives of EPA's Assistant Administrator for
Administration and Resources Management/ and the TSCA Security
Staff in the OPPT/ or by the EPA Project Officer.
(3) The Contractor Document Control Officer (DCO) shall
obtain a signed copy of EPA Form 7740-6/ "TSCA CBI Access
Request, Agreement/ and Approval," from each of the Contractor's
employees who will have access to the information before the
employee is allowed access. In addition/ the Contractor shall
obtain from each employee who will be cleared for TSCA CBI access
all information required by EPA or the U.S. Office of Personnel
Management for EPA to conduct a Minimum Background Investigation.
(b) The Contractor agrees that these requirements concerning
protection of TSCA CBI are included for the benefit of, and shall
be enforceable by/ both EPA and any affected business having a
proprietary interest in the information.
(c) The Contractor understands that CBI obtained by EPA
under TSCA may not be disclosed except as authorized by the Act/
and that any unauthorized disclosure by the Contractor or the
Contractor's employees may subject the Contractor and the
Contractor's employees to the criminal penalties specified in
TSCA (15 U.S.C. 2613(d)). For purposes of this contract, the
only disclosures that EPA authorizes the Contractor to make are
those set forth in the clause entitled "Treatment of Confidential
Business Information."
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(d) The Contractor agrees to include the provisions of this
clause/ including this paragraph (d)/ in all subcontracts awarded
pursuant to this contract that require the furnishing of CBI to
the subcontractor.
(e) At the request of EPA or at the end of the contract, the
Contractor shall return to the EPA PO or his/her designee/ all
documents, logs, and magnetic media which contain TSCA CBI. In
addition, each Contractor employee who has received TSCA CBI
clearance will sign EPA Form 7740-18, "Confidentiality Agreement
for Contractor Employees Upon Relinquishing TSCA CBI Access
Authority." The Contractor DCO will also forward those
agreements to the EPA OPPT/IMD, with a copy to the CO, at the end
of the contract.
(f) If, subsequent to the date of this contract, the
Government changes the security requirements, the CO shall
equitably adjust affected provisions of this contract, in
accordance with the "Changes" clause, when:
(1) The Contractor submits a timely written request for an
equitable adjustment; and,
(2) The facts warrant an equitable adjustment.
(End of clause)
1552.235-79 Release of Contractor Confidential Business
Information (Apr 1996).
As prescribed in 1535.007-70(f), insert the following
clause:
RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION
(APR 1996)
(a) The Environmental Protection Agency (EPA) may find it
necessary to release information submitted by the Contractor
either in response to this solicitation or pursuant to the
provisions of this contract to individuals not employed by EPA.
Business information that is ordinarily entitled to confidential
treatment under existing Agency regulations (40 CFR Part 2) may
be included in the information released to these individuals.
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Accordingly, by submission of this proposal or signature on this
contract or other contracts, the Contractor hereby consents to a
limited release of its confidential business information (CBI).
(b) Possible circumstances where the Agency may release the
Contractor's CBI include, but are not limited to the following:
(1) To other Agency -contractors tasked with assisting the
Agency in the recovery of Federal funds expended pursuant to the
Comprehensive Environmental Response, Compensation, and Liability
Act, 42 U.S.C. Sec. 9607, as amended, (CERCLA or Superfund);
(2) To the U. S. Department of Justice (DOJ) and contractors
employed by DOJ for use in advising the Agency and representing
the Agency in procedures for the recovery of Superfund
expenditures;
(3) To parties liable, or potentially liable, for costs
under CERCLA Sec. 107 (42 U.S.C. Sec 9607), et al, and their
insurers (Potentially Responsible Parties) for purposes of
facilitating settlement or litigation of claims against such
parties;
(4) To other Agency contractors who, for purposes of
performing the work required under the respective contracts,
require access to information the Agency obtained under the Clean
Air Act (42 U.S.C. 7401 et seq.); the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.); the Safe Drinking Water Act
(42 U.S.C. 300f et seq.); the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. 136 et seq.); the Resource Conservation
and Recovery Act (42 U.S.C. 6901 et seq.); the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.); or the Comprehensive
Environmental Response, Compensation, and Liability Act
(42 U.S.C. 9601 et seq.);
(5) To other Agency contractors tasked with assisting the
Agency in handling and processing information and documents in
the administration of Agency contracts, such as providing both
preaward and post award audit support and specialized technical
support to the Agency's technical evaluation panels;
(6) To employees of grantees working at EPA under the Senior
Environmental Employment (SEE) Program;
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(7) To Speaker of the House/ President of the Senate, or
Chairman of a Committee or Subcommittee;
(8) To entities such as the General Accounting Office,
boards of contract appeals, and the Courts in the resolution of
solicitation or contract protests and disputes;
(9) To Agency contractor employees engaged in information
systems analysis, development, operation, and maintenance,
including performing data processing and management functions for
the Agency; and
(10) Pursuant to a court order or court-supervised agreement.
(c) The Agency recognizes an obligation to protect the
contractor from competitive harm that may result from the release
of such information to a competitor. (See also the clauses in
this document entitled "Screening Business Information for Claims
of Confidentiality" and "Treatment of Confidential Business
Information.") Except where otherwise provided by law, the
Agency will permit the release of CBI under subparagraphs (1),
(3), (4), (5), (6), or (9) only pursuant to a confidentiality
agreement.
(d) With respect to contractors, 1552.235-71 will be used as
the confidentiality agreement. With respect to Potentially
Responsible Parties, such confidentiality agreements may permit
further disclosure to other entities where necessary to further
settlement or litigation of claims under CERCLA. Such entities
include, but are not limited to accounting firms and technical
experts able to analyze the information, provided that they also
agree to be bound by an appropriate confidentiality agreement.
(e) This clause does not authorize the Agency to release the
Contractor's CBI to the public pursuant to a request filed under
the Freedom of Information Act.
(f) The Contractor agrees to include this clause, including
this paragraph (f), in all subcontracts at all levels awarded
pursuant to this contract that require the furnishing of
confidential business information by the subcontractor.
(End of clause)
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1552.236-70 Samples and Certificates.
As prescribed in 1536.521, insert the following contract
clause in construction contracts.
SAMPLES AND CERTIFICATES (APR 1984)
When required by the specifications or the Contracting
Officer, samples/ certificates/ and test data shall be submitted
after award of the contract/ prepaid/ in time for proper action
by the Contracting Officer or his/her designated representative.
Certificates and test data shall be submitted in triplicate to
show compliance of materials and construction specified in the
contract performance requirements. Samples shall be submitted in
duplicate by the Contractor/ except as otherwise specified, to
show compliance with the contract requirements. Materials or
equipment for which samples/ certifications or test data are
required shall not be used in the work until approved in writing
by the Contracting Officer.
(End of clause)
1552.237-70 Contract Publication Review Procedures.
As prescribed in 1537.110, insert the following contract
clause when the products of the contract are subject to contract
publication review.
CONTRACT PUBLICATION REVIEW PROCEDURES
{APR 1984)
(a) Material generated under this contract intended for
release to the public is subject to the Agency's publication
review process in accordance with the EPA Order on this subject
and the following.
(b) Except as indicated in paragraph (c) of this contract,
the Contractor shall not independently publish or print material
generated under this contract until after completion of the EPA
review process. The Project Officer will notify the Contractor
of review completion within calendar days after the
Contractor's transmittal to the Project Officer of material
generated under this contract. If the Contractor does not
receive Project Officer notification within this period, the
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Contractor shall immediately notify the Contracting Officer in
writing.
(c) The Contractor may publish/ in a scientific journal/
material resulting directly or indirectly from work performed
under this contract/ subject to the following:
(1) The Contractor shall submit to the Contracting
Officer and the Project Officer/ at least 30 days prior
to publication/ a copy of any paper, article/ or other
dissemination of information intended for publication.
(2) The Contractor shall include the following statement
in a journal article which has not been subjected to EPA
review: "Although the research described in this
article has been funded wholly or in part by the United
States Environmental Protection Agency contract (number)
to (Name of Contractor)/ it has not been subject to the
Agency's review and therefore does not necessarily
reflect the views of the Agency/ and no official
endorsement should be inferred."
(3) Following publication of the journal article/ the
Contractor shall submit five copies of the journal
article to the Project Officer/ and one copy to the
Contracting Officer.
(d) If the Government has completed the review process and
agreed that the contract material may be attributed to EPA, the
Contractor shall include the following statement in the document:
This material has been funded wholly or in part by the
United States Environmental Protection Agency under contract
(number) to (name). It has been subject to the Agency's review,
and it has been approved for publication as an EPA document.
Mention of trade names or commercial products does not constitute
endorsement or recommendation for use.
(e) If the Government has completed the review process/ but
decides not to publish the material, the Contractor may indepen-
dently publish and distribute the material for its own use and at
its own expense/ and shall include the following statement in any
independent publication:
Although the information described in this article has been
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funded wholly or in part by the United States Environmental
Protection Agency under contract (number) to (name), it does not
necessarily reflect the views of the Agency and no official
endorsement should be inferred.
(End of clause)
1552.237-71 Technical Direction.
As prescribed in 1537.110/ insert the following contract
clause in cost-reimbursement contracts.
TECHNICAL DIRECTION
(APR 1984)
(a) The Project Officer will provide technical direction on
contract performance, Technical direction includes:
(1) Direction to the Contractor which assists him in
accomplishing the Statement of Work.
(2) Comments on and approval of reports or other
deliverables.
(b) Technical direction must be within the contract State-
ment of Work. The Project Officer does not have the authority to
issue technical direction which (1) institutes additional work
outside the scope of the contract; (2) constitutes a change as
defined in the "Changes" clause; (3) causes an increase or
decrease in the estimated cost of the contract; (4) alters the
period of performance; or (5) changes any of the other express
terms or conditions of the contract.
(c) Technical direction will be issued in writing by the
Project Officer or confirmed by him in writing within five (5)
calendar days after verbal issuance.
(End of clause)
1552.237-72 Key Personnel.
As prescribed in 1537.110, insert the following contract
clause when it is necessary for contract performance to identify
Contractor key personnel.
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KEY PERSONNEL (APR 1984)
(a) The Contractor shall assign to this contract the
following key personnel:
(b) During the first ninety (90) days of performance, the
Contractor shall make no substitutions of key personnel unless
the substitution is necessitated by illness/ death or termination
of employment. The Contractor shall notify within 15 calendar
days after the occurrence of any of these events and provide the
information required by paragraph (c) of this clause. After the
initial 90-day period, the Contractor shall submit the
information required by paragraph (c) to the Contracting Officer
at least 15 days prior to making any permanent substitutions.
(c) The Contractor shall provide a detailed explanation of
the circumstances necessitating the proposed substitutions,
complete resumes for the proposed substitutes, and any additional
information requested by the Contracting Officer. Proposed
substitutes should have comparable qualifications to those of the
persons being replaced. The Contracting Officer will notify the
Contractor within 15 calendar days after receipt of all required
information of the decision on substitutions. This clause will
be modified to reflect any approved changes of key personnel.
(End of clause)
1552.237-73 Consultant Services and Consent.
As prescribed in 1537.110, insert the following contract
clause in contracts where the services of consultants are
required. Enter "none" in paragraph (b) if consent is not given
for one or more consultants at the time of award.
CONSULTANT SERVICES AND CONSENT (APR 1984)
(a) The Contractor shall obtain the consent of the
Contracting Officer prior to using any consultant on this
contract. The Contractor shall determine whether any consultant
that is used has in effect an agreement with another Federal
agency for similar or like services and, if so, shall notify the
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Contracting Officer.
(b) The Contractor may use the following consultants for the
period of time at the rate shown.
Number of Not To Exceed the
Name (Days) (Hours) (Daily)(Hourly) Rate of
$
$
(End of clause)
1552.237-74 Publicity.
As prescribed in 1537.110, insert the following contract
clause in contracts pertaining to the removal or remedial activi-
ties under the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA) ("Superfund") program. The term "on-
scene coordinator" may be substituted with "Project Officer."
PUBLICITY (APR 1984)
(a) The Contractor agrees to notify and obtain the verbal
approval of the on-scene coordinator (or Project Officer) prior
to releasing any information to the news media regarding the
removal or remedial activities being conducted under this con-
tract .
(b) It is also agreed that the Contractor shall acknowledge
EPA support whenever the work funded in whole or in part by this
contract is publicized in any news media.
(End of clause)
1552.237-75 Paperwork Reduction Act.
As prescribed in 1537.110, insert this contract clause in
any contract requiring the collection of identical information
from ten (10) or more public respondents.
PAPERWORK REDUCTION ACT (APR 1984)
If it is established at award or subsequently becomes a
contractual requirement to collect identical information from ten
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(10) or more public respondents/ the Paperwork Reduction Act of
1980, 44 U.S.C. 3501 et seq. applies. In that event, the Con-
tractor shall not take any action to solicit information from any
of the public respondents until notified in writing by the
Contracting Officer that the required Office of Management and
Budget (OMB) final clearance was received.
(End of clause)
1552.237-76 Government-Contractor Relations.
As prescribed in 1537.110(g), insert the following clause:
GOVERNMENT-CONTRACTOR RELATIONS (JUNE 1999)
(a) The Government and the Contractor understand and
agree that the services to be delivered under this contract by
the contractor to the Government are non-personal services and
the parties recognize and agree that no employer-employee
relationship exists or will exist under the contract between the
Government and the Contractor's personnel. It is, therefore, in
the best interest of the Government to afford both parties a full
understanding of their respective obligations.
(b) Contractor personnel under this contract shall not:
(1) Be placed in a position where they are under the
supervision, direction, or evaluation of a Government employee.
(2) Be placed in a position of command, supervision,
administration or control over Government personnel, or over
personnel of other Contractors under other EPA contracts, or
become a part of the Government organization.
(3) Be used in administration or supervision of
Government procurement activities.
(c) Employee relationship.
(1) The services to be performed under this contract do
not require the Contractor or his/her personnel to exercise
personal judgment and discretion on behalf of the Government.
Rather the Contractor's personnel will act and exercise personal
judgment and discretion on behalf of the Contractor.
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(2) Rules, regulations/ directives/ and requirements that
are issued by the U.S. Environmental Protection Agency under its
responsibility for good order, administration, and security are
applicable to all personnel who enter the Government installation
or who travel on Government transportation. This is not to be
construed or interpreted to establish any degree of Government
control that is inconsistent with a non-personal services
contract.
(d) Inapplicability of employee benefits. This contract
does not create an employer-employee relationship. Accordingly,
entitlements and benefits applicable to such relationships do not
apply.
(1) Payments by the Government under this contract are not
subject to Federal income tax withholdings.
(2) Payments by the Government under this contract are not
subject to the Federal Insurance Contributions Act.
(3) The Contractor is not entitled to unemployment
compensation benefits under the Social Security Act, as amended,
by virtue of performance of this contract.
(4) The Contractor is not entitled to workman's
compensation benefits by virtue of this contract.
(5) The entire consideration and benefits to the
Contractor for performance of this contract is contained in the
provisions for payment under this contract.
(e) Notice. It is the Contractor's, as well as, the
Government's responsibility to monitor contract activities and
notify the Contracting Officer if the Contractor believes that
the intent of this clause has been or may be violated.
(1) The Contractor should notify the Contracting Officer
in writing promptly, within (to be negotiated and
inserted into the basic contract at contract award) calendar days
from the date of any incident that the Contractor considers to
constitute a violation of this clause. The notice should include
the date, nature and circumstance of the conduct, the name,
function and activity of each Government employee or Contractor
official or employee involved or knowledgeable about such
conduct, identify any documents or substance of any oral
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communication involved in the conduct, and the estimate in time
by which the Government must respond to this notice to minimize
cost, delay or disruption of performance.
(2) The Contracting Officer will promptly, within
(to be negotiated and inserted into the basic contract at
contract award) calendar days after receipt of notice, respond to
the notice in writing. In responding, the Contracting Officer
will either:
(i) Confirm that the conduct is in violation and when
necessary direct the mode of further performance,
(ii) Countermand any communication regarded as a violation,
(iii) Deny that the conduct constitutes a violation and when
necessary direct the mode of further performance; or
(iv) In the event the notice is inadequate to make a
decision, advise the Contractor what additional information is
required, and establish the date by which it should be furnished
by the Contractor and the date thereafter by which the Government
will respond.
(End of Clause)
1552.239-103 Acquisition of Energy Star Compliant
Microcomputers, Including Personal Computers,
Monitors and Printers.
As prescribed in 1523.7003, insert the following clause:
ACQUISITION OF ENERGY STAR COMPLIANT MICROCOMPUTERS, INCLUDING
PERSONAL COMPUTERS, MONITORS, AND PRINTERS (APRIL 1996)
(a) The Contractor shall provide computer products that
meet EPA Energy Star requirements for energy efficiency. By
acceptance of this contract, the Contractor certifies that all
microcomputers, including personal computers, monitors, and
printers to be provided under this contract meet EPA Energy Star
requirements for energy efficiency.
(b) The Contractor shall ship all products with the standby
feature activated or enabled.
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(c) The Contractor shall provide models that have
equivalent functionality to similar non-power managed models.
This functionality should include as a minimum:
(1) The ability to run commercial off-the-shelf
software both before and after recovery from a low power state/
including retention of files opened (with no loss of data) before
the power management feature was activated.
(2) If equipment will be used on a local area network
(LAN), the contractor shall provide equipment that is fully
compatible with network environments/ e.g./ personal computers
resting in a low-power state should not be disconnected from the
network.
(d) The contractor shall provide monitors that are capable
of being powered down when connected to the accompanying personal
computer.
(End of clause)
1552.242-70 Indirect Costs.
As prescribed in 1542.705-70/ insert the following clause in
all cost-reimbursement type contracts. If ceilings are not being
established/ enter "not applicable" in (c).
INDIRECT COSTS (APR 1984)
(a) In accordance with paragraph (d) of the "Allowable Cost
and Payment" clause/ the final indirect cost rates applicable to
this contract shall be established between the Contractor and the
appropriate Government representative (EPA/ other Government
agency, or auditor), as provided by FAR 42.703-1(a). EPA's
procedures require a Contracting Officer determination of
indirect cost rates for its contracts. In those cases where EPA
is the cognizant agency (see FAR 42.705-1)/ the final rate
proposal shall be submitted to the cognizant audit activity and
to the following designated Contracting Officer:
Environmental Protection Agency
Chief, Cost and Rate Negotiation
Service Center(3802R)
Office of Acquisition Management (3802R)
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Ariel Rios Building
1200 Pennsylvania Avenue/ N.W.
Washington, D.C. 20460
Where EPA is not the cognizant agency/ the final rate proposal
shall be submitted to the above-cited address/ to the cognizant
audit agency/ and to the designated Contracting Officer of the
cognizant agency. Upon establishment of the final indirect cost
rates, the Contractor shall submit an executed Certificate of
Current Cost or Pricing Data (see FAR 15.406-2) applicable to the
data furnished in connection with the final rates to the cogni-
zant audit agency. The final rates shall be contained in a
written understanding between the Contractor and the appropriate
Government representative. Pursuant to the "Allowable Cost and
Payment" clause/ the allowable indirect costs under this contract
shall be obtained by applying the final agreed upon rate(s) to
the appropriate bases.
(b) Until final annual indirect cost rates are established
for any period/ the Government shall reimburse the Contractor at
billing rates established by the appropriate Government represen-
tative in accordance with FAR 42.704, subject to adjustment when
the final rates are established. The established billing rates
are currently as follows:
Cost Center Period Rate Base
These billing rates may be prospectively or retroactively revised
by mutual agreement/ at the request of either the Government or
the Contractor/ to prevent substantial overpayment or underpay-
ment.
(c) Notwithstanding the provisions of paragraphs (a) and (b)
of this clause/ ceilings are hereby established on indirect costs
reimbursable under this contract. The Government shall not be
obligated to pay the Contractor any additional amount on account
of indirect costs in excess of the ceiling rates listed below:
Cost Center Period Rate Base
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1552.245-70 Decontamination of Government Property.
As prescribed in 1545.106(a) and 1545.303-71, insert the
following contract clause when it is anticipated that a
Contractor will use Government-furnished or Contractor-acquired
property in the cleanup of hazardous or toxic substances in the
environment.
DECONTAMINATION OF GOVERNMENT PROPERTY (APR 1984)
In addition to the requirements of the "Government Property"
clause, the Contractor shall certify in writing that any
Government-furnished property or Contractor-acquired property is
returned to the Government free from contamination by any
hazardous or toxic substances.
(End of clause)
1552.245-71 Government-Furnished Data.
As prescribed in 1545.106(b), insert the following contract
clause in any contract that the Government is to furnish the
Contractor data. Identify in the clause the data to be provided.
GOVERNMENT-FURNISHED DATA (APR 1984)
(a) The Government shall deliver to the Contractor the
Government-furnished data described in the contract. If the
data, suitable for its intended use, is not delivered to the
Contractor, the Contracting Officer shall equitably adjust
affected provisions of this contract in accordance with the
"Changes" clause when:
(1) The Contractor submits a timely written request for
an equitable adjustment; and
(2) The facts warrant an equitable adjustment.
(3) Title to Government-furnished data shall remain in
the Government.
(c) The Contractor shall use the Government-furnished data
only in connection with this contract.
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(d) The following data will be furnished to the Contractor
on or about the time indicated:
(End of clause)
1552.245-72 Fabrication or acquisition of nonexpendable
property.
As prescribed in 1545.106(c) / insert the following contract
clause in all cost-reimbursement type contracts or contracts with
cost-reimbursement portions.
FABRICATION OR ACQUISITION OF NONEXPENDABLE
PROPERTY (APR 1984)
The Contractor shall not fabricate nor acquire under this
contract/ either directly or indirectly through a subcontract/
any item of nonexpendable property without written approval from
the Contracting Officer.
(End of clause)
1552.246-70 Quality Assurance (QA) program plan.
As prescribed in 1546.201(b), insert the following solicita-
tion provision in Requests for Proposals if a program plan is
required. A QA program plan is a general statement of an
offerer's capability for QA.
QUALITY ASSURANCE (QA) PROGRAM PLAN (APR 1984)
Each offerer/ as a separate and identifiable part of its
technical proposal/ shall submit a Quality Assurance (QA) program
plan setting forth the offerer's capability for quality
assurance. The plan shall address the following:
(a) A statement of policy concerning the organization's
commitment to implement a Quality Control/Quality Assurance
program to assure generation of measurement data of adequate
quality to meet the requirements of the Statement of Work.
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(b) An organizational chart showing the position of a QA
function or person within the organization. It is highly
desirable that the QA function or person be independent of the
functional groups which generate measurement data.
(c) A delineation of the authority and responsibilities of
the QA function or person and the related data quality
responsibilities of other functional groups of the organization.
(d) The type and degree of experience in developing and
applying Quality Control/Quality Assurance procedures to the
proposed sampling and measurement methods needed for performance
of the Statement of Work.
(e) The background and experience of the proposed personnel
relevant to accomplish the QA specifications in the Statement of
Work.
(f) The offerer's general approach for accomplishing the QA
specifications in the Statement of Work.
(End of provision)
1552.246-71 Quality Assurance (QA) project plan.
As prescribed in 1546.201(c)(1)/ insert the following
solicitation provision in Requests for Proposals when a QA
project plan is required as part of the proposal submission. A
QA project plan is a specific delineation of an offerer's
approach for accomplishing the QA specifications in a Statement
of Work. When offerers are required to submit a project plan/ a
program plan may or may not be required. The project plan may be
a part of an offerer's technical proposal/ or a deliverable under
the contract.
QUALITY ASSURANCE (QA) PROJECT PLAN (APR 1984)
The offerer/ as a separate and identifiable part of its
technical proposal/ shall submit a Quality Assurance (QA) project
plan which shall describe specific procedures and responsibili-
ties needed to accomplish the QA specifications in the Statement
of Work. The project plan shall consist of the following form
and content:
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(a) Title page, with provision for approval signatures.
(b) Table of contents.
(c) Project description.
(d) Project organization(s) and responsibilities.
(e) Quality Assurance objectives for measurement data, in
terms of precision/ accuracy/ completeness/
representativeness and comparability.
(f) Sampling procedures.
(g) Sample custody.
(h) Calibration procedures, references, and frequency.
(i) Analytical procedures.
(j) Data reduction, validation, and reporting.
(k) Internal quality control checks and frequency.
(1) Quality Assurance performance audits, system audits,
and frequency.
(m) Quality Assurance reports to management.
(n) Preventive maintenance procedures and schedules.
(o) Specific procedures to be used in routinely assessing
data precision and accuracy, representativeness,
comparability, and completeness of the specific
measurement parameters involved.
(p) Correction action.
(End of provision)
1552.246-72 Quality Assurance (QA) project plan documentation.
As prescribed in 1546.201(c)(2)/ insert the following clause
in negotiated contracts when QA Project Plan Documentation is
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needed. A QA project plan is a specific delineation of an
offerer's approach for accomplishing the QA specifications in a
Statement of Work. When offerers are required to submit a
project plan/ a program plan may or may not be required. When a
QA project plan was not a required part of the technical
proposal/ the project plan may be required as a deliverable under
the contract by use of the following. However, the Statement of
Work must contain a specification for the form and content of the
project plan before this paragraph may be used.
QUALITY ASSURANCE (QA) PROJECT PLAN DOCUMENTATION
(APR 1984)
(a) The Contractor shall submit to the Project Officer
copies of a Draft Project Plan for Quality Assurance within
days after the effective date of the contract.
(b) The Government will review and return the Draft Project
Plan indicating approval or disapproval/ and comments/ if neces-
sary, within calendar days. In the event the Government
delays review and return of the Draft Project Plan beyond the
period specified/ the Contractor shall immediately notify the
Contracting Officer in writing. The Contractor shall deliver the
Final Project Plan within days after the effective date of
the contract.
(c) The Contracting Officer will incorporate the approved
Quality Assurance Project Plan into the contract.
(End of clause)
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1901
05/31/00
PART 1553
FORMS
Sec.
1553.000 Scope of part.
SUBPART 1553.2 — PRESCRIPTION OF FORMS
1553,
1553,
1553,
1553,
1553,
1553,
1553,
.209
.209-70
,209-71
.213
,213-70
,216
.216-70
1553.216-71
1553,
1553,
1553,
232
232-70
232-71
1553.232-72
1553.232-73
1553.232-74
1553.232-75
AUTHORITY:
486(c).
Contractor qualifications.
EPA Form 1900-26, Contracting Officer's
Evaluation of Contractor Performance.
EPA Form 1900-27, Project Officer's
Evaluation of Contractor Performance.
Small purchases and other simplified purchase
procedures.
EPA Form 1900-8, Procurement Request/Order.
Types of contracts.
EPA Form 1900-41A, CPAF Contract Summary of
Significant Performance Observation.
EPA Form 1900-4IB, CPAF Contract Individual
Performance Event.
Contract financing.
EPA Form 1900-3, Assignee's Release.
EPA Form 1900-4, Assignee's Assignment of
Refunds, Rebates, Credits and Other
Amounts.
EPA Form 1900-5, Contractor's Assignment of
Refunds, Rebates, and Credits.
EPA Form 1900-6, Contractor's Release.
EPA Form 1900-10, Contractor's Cumulative
Claim and Reconciliation.
EPA Form 1900-68, Notice of Contract Costs
Suspended and/or Disallowed.
Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
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1553.000 Scope of part.
This part prescribes Agency forms for use in acquisitions
and contains requirements and information generally applicable to
the forms.
SUBPART 1553.2 — PRESCRIPTION OF FORMS
1553.209 Contractor qualifications.
1553.209-70 EPA Form 1900-26, Contracting Officer's Evaluation
of Contractor Performance.
As prescribed in 1509.170-4(3), EPA Form 1900-26 shall be
used by the Contracting Officer to record his/her evaluation of
Contractor performance.
1553.209-71 EPA Form 1900-27, Project Officer's Evaluation of
Contractor Performance.
As prescribed in 1509.170-4 (a), EPA Form 1900-27 shall be
used by the Project Officer to record his/her evaluation of
Contractor performance.
1553.213 Small purchases and other simplified purchase
procedures.
1553.213-70 EPA Form 1900-8, Procurement Request/Order.
As prescribed in 1513.505-2, EPA Form 1900-8 may be used in
lieu of Optional Forms 347 and 348 for individual purchases.
1553.216 Types of contracts.
1553.216-70 EPA Form 1900-41A, CPAF Contract Summary of
Significant Performance Observation.
As prescribed in 1516.404-278, EPA Form 1900-41A shall be
used to document significant performance observations under CPAF
contracts.
1553.216-71 EPA Form 1900-41B, CPAF Contract Individual
Performance Event.
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As prescribed in 1516.404-278, EPA Form 1900-41B shall be
used to document individual performance events under CPAF con-
tracts.
1553.232 Contract financing.
1553.232-70 EPA Form 1900-3, Assignee's Release.
As prescribed in 1532.805-70(a), the EPA Form 1900-3 is
required to be submitted by the assignee for cost-reimbursement
contracts prior to final payment under the contract.
1553.232-71 EPA Form 1900-4, Assignee's Assignment of Refunds,
Rebates, Credits and Other Amounts.
As prescribed in 1532.805-70(b), the EPA Form 1900-4 must
accompany the assignee's release prior to final payment under
cost-reimbursement contracts.
1553.232-72 EPA Form 1900-5, Contractor's Assignment of Refunds,
Rebates, and Credits.
As prescribed in 1532.805-70(c), the EPA Form 1900-5 must be
prepared by the Contractor prior to final payment under cost-
reimbursement contracts and must accompany the Contractor's
release.
1553.232-73 EPA Form 1900-6, Contractor's Release.
As prescribed in 1532.805-70(d), the EPA Form 1900-6 must be
submitted by the Contractor under cost-reimbursement contracts
prior to final payment thereunder.
1553.232-74 EPA Form 1900-10, Contractor's Cumulative Claim and
Reconciliation.
As prescribed in 1532,170(a), the EPA Form 1900-10 shall be
used for an accounting of the cumulative charges and costs for
cost-reimbursement contracts from the inception of the contract
to completion. It shall be submitted by the Contractor along
with the completion voucher.
1553.232-75 EPA Form 1900-68, Notice of Contract Costs Suspended
and/or Disallowed.
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As prescribed in 1532.170(b)/ the Contracting Officer shall
insert EPA Form 1900-68 in all cost-reimbursement type and fixed-
rate type contracts.
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