ENVIRONMENTAL PROTECTION*
ACQUISITION HANQBO<3K
UNIT
CONTENTS
VOLUME I -BUILDER CHBCKtlSt
VOLUME II -CLAUSIS AND
VOLUME 111 -BLM££T RU6CHASI
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U.S. ENVIRONMENTAL PROTECTION AGENCY
ACQUISITION HANDBOOK
VOLUME I
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U.S. ENVIRONMENTAL PROTECTION AGENCY
ACQUISITION HANDBOOK—UNIT 1
VOLUME I—BUILDER CHECKLISTS
DESCRIPTION
ACQUISITION HANDBOOK, Unit 1, Volume I contains BUILDER CHECKLISTS for the
various types and purposes of EPA procurement documents. BUILDER CHECKLISTS
contain a listing of PAR, EPAAR, and EPA ACQUISITION HANDBOOK solicitation
provisions and contract clauses applicable to the type and purpose of
procurements covered by the BUILDER CHECKLIST. The listing is arranged
according to the PAR Uniform Contract Format (UCP), and individual provisions
and clauses are listed in their applicable UCP section. In addition to
identifying which UCP section a provision or clause is to be placed, the
following information is also portrayed.
— Incorporated by Reference or Pull Text: **• in the "TYPE* column
portrays which provisions or clauses are to be incorporated in a
procurement document *by^ reference*; **** shows which are to be in *jull
text," and "(**_]_* indicates a provision or clause with one or more
•blanks* which" must be filled in before publishing a solicitation or
contract. (*[**]* DOES NOT INCLUDE 'REPS,* 'CERTS* OR OTHER STATEMENTS
THAT RESPONDING OPPERORS ARE TO PILL IN.)
— REQ or HA: *RBQ* indicates those provisions and clauses that are
required given the type and purpose of the procurement. *WA* indicates
those provisions and clauses that are to be used when applicable.
~ Provision or Clause Number: PAR provisions and clauses have numbers
starting with *_52*, BPAAR numbers start with *15*, and EPA ACQUISITION
HANDBOOK provisions and clauses start with *B9*.
— Provision and clause titles and dates: the information shown is the
title, whether there is an Alternate version of a provision or clause,
and date of issuance.
BUILDER CHECKLISTS can be helpful in preparing and reviewing procurement
documents. Refer to ACQUISITION HANDBOOK, Unit 1, Volume II for instructions
for the use of each provision and clause in a BUILDER CHECKLIST. The provision
and clause numbers are the sane*
TN-3
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U.S. ENVIRONMENTAL PROTECTION AGENCY
ACQUZSZTZON HANDBOOK—UNIT 1
VOLUME I—BUILDER CHECKLISTS
CONTENTS
Builder Checklist Title Builder Checklist I
Advertised Fixed-Price Procurements
- Advertised Fixed-Price Supply
- Advertised Fixed-Price Services
- Advertised Indefinite Quantity Supply
- Advertised Indefinite Quantity Service
Negotiated Fixed-Price Procurements
- Negotiated Fixed-Price Supply
- Negotiated Fixed-Price Services
- Negotiated Fixed-Price Research and Development
Cost-Reimbursement Procurements
- Cost-Reimbursement Supply
- Cost-Reimbursement Services
- Cost-Reimbursement Research and Development
Time and Materials and Indefinite Type Procurements
- Time and Materials or Labor Hour
- Negotiated Indefinite Delivery/Indefinite Quantity
Fixed-Rate Services
- Negotiated Indefinite Delivery
Construction and Architect-Engineer Procurements
- Advertised Fixed-Price Construction
- Negotiated Fixed-Price Construction
- Cost-Reimbursement Construction
- Architect-Engineer
ADP Resources Procurements
- Fixed-Price ADPB Systems (Supplies and Services)
- Fixed-Price ADP services
- Fixed-Price ADP Maintenance
- Cost-Reimbursement ADP Services
- Cost-Reimbursement ADP Maintenance
Small Purchases (Fixed-Price Supply, Services, and
Construction Procurements Not In Excess of $10,000.
For Small Purchases Over 910,000, Consult Checklists
Numbers 1 through 5.)
TN-3 iii
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U.S. ENVIRONMENTAL PROTECTION AGENCY
BUILDER CHECKLIST ?OR ADVERTISED FIXED-PRICE
PROCUREMENTS
ABBREVIATIONS
UCP SEC
RBQ
HA — —
ADV PP SOP
ADV PP SVC
ADV IQ SOP
ADV IQ SVC
Part ]
Part
Part
Part
Part
Part
Part
Pact
Pact I]
Pact II]
i, section A,
, Section B,
, Section C,
, Section D,
, Section B,
, Section P,
, Section G,
, Section B,
:, Section I,
[, Section J,
Pact IV, section K,
Pact IV ,section L,
Pact IV, section M,
- Incocpocated by cefecence oc full text.
By Reference
Pull Text
A provision or clause to be incorporated
in 'POLL TEXT* that contains BLANKS that
must be filled before issuance of a
solicitation document or contract. (DOES
NOT INCLUDE 'REPS', 'CERTS* OR OTHER
STATEMENTS THAT RESPONDING OPPERORS ARE
TO PILL IN.)
Uniform Contract Format section.
Required.
To be used when applicable.
Advectised Fixed-Price Supply.
Advertised Fixed-Price services.
Advectised Indefinite Quantity supply.
Advectised Indefinite Quantity Services.
CONTENTS
Solicitation/Contract Form and Contents
Supplies/Services and Prices/Costs
Description/Specifications/wock statement
Packing and Marking
inspection and Acceptance
Deliveries or Performance
Contract Administration Data
Special Contract Requirements
Contract Clauses
List of Documents, Exhibits, and Other
Attachments
Representations, Certifications, and Other
Statements of the Offerer
Instructions, Conditions, and Notices to
Offerers or Quoters
Evaluation Factors for Award
Note: See Acquisition Handbook, Unit 1, Volume I Title
Page foe a description of this BUILDER CHECKLIST.
TN-3
BUILDER CHECKLIST 1—ADVERTISED
FIXED-PRICE PROCUREMENTS
PAGE 1
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
AOV AOV AOV AOV
OCP PP PP IQ IQ
TYPE SBC SOP SVC SUP SVC PROVISIONS/CLAUSES
Part I, Section A, Solicitation/Contract Poca and Contents
Note: See ?AR Pact 53 for the solicitation or contract form to use.
[••] A HA HA HA HA EPS2. 253-100 Solicitation and Contract
Contents (APR 1984).
I**] A HA HA HA HA EPS2. 253-110 Contract Contents (APR
1984).
Part I, Section B, Supplies/Services and Prices/Costs
[•*] B HA HA HA HA EP52. 212-100 Incorporation of Notice of
Award (APR 1984).
[•*] B HA HA EPS2. 216-140 Minimum and Maximum Amounts
(AUG 1984).
[••] B HA HA HA HA EPS2. 216-160 Consideration and Payment-
Total Pixed Price (APR
1984).
[•*] B HA HA HA HA EPS2. 216-170 Consideration and Payment-
Itemized Pixed Prices (AUG
1984).
•• L REQ REQ REQ REQ EP52. 216-125 Evaluation Quantities—
•»r indefinite Delivery
Solicitation (SEP 1984).
Part I, Section C, Description/Specifications/Hork statement
•• C REQ RBQ REQ HA BPS2. 210-100 Statement of Hork/
Specifications (AUG 1984).
•* C HA EPS2. 210-110 Statement of Hork—Contract
Hhere Work Is Ordered by
Hork Assignments or
Delivery Orders (APR 1984).
Part I, section 0, Packing and Marking
[**] D HA HA HA HA EP52. 247-100 Shipment and Marking (APR
1984).
I**] D HA HA HA HA EP52. 247-110 P.O.b. Point (APR 1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 2
PIXBD-PRICB PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
AOV AOV AOV AOV
UCP PP PP IQ IQ
TYPE SEC SUP SVC SUP SVC PROVISIONS/CLAUSES
Part I, section B, Inspection and Acceptance
(••] E WA HA HA HA BP52. 246-100 Inspection and Acceptance
(APR 1984).
Part I, Section F, Deliveries or Performance
•* P HA HA HA HA 1552. 210-070 Reports of Hork (APR 1984).
*• P HA HA HA HA 1552. 210-070 Reports of Hock (APR 1984)
ALTERNATE I (APR 1984).
NOTE: The following clause, EP52.210-970, may be used instead of 1552.210-070
ALTERNATE I until BPAAR is revised.
[•*] P HA HA HA HA EP52. 210-970 Reports of Work (AUG 1934)
ALTERNATE I (AUG 1984).
** P HA HA HA HA 1552. 210-071 Monthly Progress
Report—Short Porn (APR
1984).
•* P HA HA HA 1552. 210-074 Working Piles (APR 1984).
•• P HA HA HA 1552. 210-075 Legal Analysis (APR 1984).
•• P HA HA HA HA 1552. 210-076 Final Reports (APR 1984).
NOTE: The following clause, EP52.210-976 or its ALTERNATE I, may be used
instead of 1552.210-076 until BPAAR is revised.
[••] P HA HA HA HA EP52. 210-976 Final Reports (AUG 1984).
[•*] F HA HA HA HA BPS2. 210-976 Draft Final Reports (AUG
1984) ALTERNATE I (AUG
1984).
•* P — HA — HA 1552. 210-077 Management Consulting
Services (APR 1984).
[••] P HA HA HA HA 52. 212-001 Time of Delivery (APR 1984).
[**] F HA HA HA HA 52. 212-001 Time of Delivery (APR
1984). ALTERNATE I (APR
1984).
[••] P HA HA HA HA 52. 212-001 Time of Delivery (APR
1984). ALTERNATE II (APR
1984).
[••]F HA HA HA HA 52. 212-001 Time of Delivery (APR
1984). ALTERNATE III (APR
1984).
[••]P HA HA HA HA 52. 212-002 Desired and Required Time
of Delivery (APR 1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 3
FIXED-PRICE PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
[••]
[••]
l**J
[••]
I"l
[**]
[••1
[•*]
[**]
UCP
SBC
P
P
P
P
P
P
P
G
G
AOV AOV
PP PP
SUP SVC
HA WA
HA HA
HA HA
HA
HA
REQ HA
HA
Part I,
...
HA HA
AOV
IQ
SUP
HA
HA
HA
HA
HA
REQ
HA
AOV
IQ
SVC
HA
HA
HA
...
...
HA
Section G,
HA
HA
HA
HA
PROVISIONS/CLAUSES
52.
52.
52.
EPS 2.
EPS 2.
EP52.
52.
212-002
212-002
212-002
212-140
212-150
212-160
247-033
Desired and Required Time
of Delivery (APR 1984).
ALTERNATE I (APR 1984).
Desired and Required Time
of Delivery (APR 1984).
ALTERNATE II (APR 1984).
Desired and Required Time
of Delivery (APR 1984).
ALTERNATE III (APR 1984)
Period of Performance (AUG
1984) ALTERNATE Z (AOG
1984).
Period of
Performance— Starting with
Effective Date of Contract
(AUG 1984) ALTERNATE Z (AUG
1984).
Delivery Schedule (APR
1984).
P.o.b. Origin, with
Differentials (APR 1984).
Contract Administration Data
1552.
EPS 2.
216-072
219-105
Ordering— By Designated
Ordering Officers.
Subcontracting Program for
Small Business and Small
Disadvantaged Business (APR
1984).
•* G HA HA HA HA EPS2. 219-120 Subcontracting Reports-
Small Business and Small
Disadvantaged Business
Concerns (APR 1984).
•* G HA HA HA HA 1552. 232-070 Application of Prompt
Payment Act—Contracts with
Advance, Progress, or
Provisional Payments (APR
1984).
*• G HA HA HA HA 1552. 232-071 Application of the Prompt
Payment Act—Contract with
P.o.b. Destination
Deliverables (APR 1984).
** G HA HA HA HA EPS2. 232-210 Interest on Overdue
Payments (AUG 1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 4
FIXED-PRICE PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
ADV ADV ADV ADV
UCP FP FP IQ IQ
TYPE SBC SOP SVC SOP SVC PROVISIONS/CLAUSES
•• G RBQ REQ RBQ RBQ BP52. 232-220 Method of Payment (AUG
1984).
[••] G RBQ REQ REQ RBQ BP52. 242-100 Contract Administration
Representatives (AUG 1984)
•• G RBQ REQ RBQ REQ 52. 243-007 Notification of Changes
(APR 1984).
[•*] G HA HA HA HA BP52. 244-100 Subcontract Consent (APR
1984).
•• G — HA — HA 1552. 245-070 Decontamination of
Government Property (APR
1984).
•• G HA HA HA HA 1552. 245-071 Government-Furnished Data
(APR 1984).
[••] G HA HA HA HA EPS2. 245-100 Contractor-Acquired
Government Property (APR
1984).
(•*] G HA HA HA HA EP52. 245-110 Government
Property—Residual
Inventory (APR 1984).
[••] G HA HA HA HA BP52. 245-120 Government-Furnished
Property (AUG 1984).
[*•] G — HA — HA BP52. 245-130 Government
Property—Facilities use
(APR 1984).
[•*] G HA HA HA HA EP52. 245-140 Designation of Property
Administrator (APR 1984).
Part I, Section a. Special Contract Requirements
•• B HA RBQ HA RBQ 1552. 208-070 Printing (APR 1984).
•• B RBQ RBQ RBQ RBQ 1552. 209-071 Organizational Conflicts of
Interest (APR 1984).
(••] B — — HA HA 1552. 217-076 Option To Extend the
Effective Period of the
Contract—Indefinite
Delivery/Indefinite
Quantity Contract (APR
1984).
*• B — HA HA 1552. 223-070 Protection of Human
Subjects (APR 1984).
•« B — HA — HA EP52. 223-100 Care of Laboratory Animals
(AOG 1984).
• a HA HA HA HA 1552. 227-071 Rights in Data—General
(APR 1984).
TN-3 BOILDBR CHECKLIST 1—ADVERTISED PAGE 5
FIXED-PRICE PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
OCP
TYPE SEC
* H
• H
* H
• a
•• H
•* H
•• H
•• H
•• a
[••] H
ADV
PP
SOP
HA
HA
HA
HA
...
—
...
...
—
HA
AOV
PP
SVC
HA
HA
—
HA
HA
HA
HA
HA
REQ
HA
AOV
IQ
SUP
HA
HA
HA
HA
...
...
...
HA
Part II,
• I
• I
• I
• I
* I
• I
• I
(••] I
REQ
REQ
REQ
REQ
HA
HA
HA
HA
REQ
REQ
REQ
REQ
HA
HA
HA
...
REQ
REQ
REQ
REQ
HA
HA
HA
HA
AOV
IQ
SVC
HA
HA
_—
HA
HA
HA
HA
HA
REQ
HA
PROVISIONS/CLAUSES
1552
1552
1552
1552
1552
1552
1552
1552
1552
EPS 2
Section I,
REQ
REQ
REQ
REQ
HA
HA
HA
...
52
52
52
52
52
52
52
52
. 227-071
. 227-072
. 227-073
. 227-074
. 235-070
. 235-071
. 235-072
. 237-070
. 237-075
. 252-110
Contract
. 202-001
. 203-001
. 203-003
. 203-005
. 204-001
. 204-002
. 207-003
. 208-001
Rights in Data—General
(APR 1984). ALTERNATE I
(APR 1984). (APR 1984).
Rights in Data— Special
Works (APR 1984).
Rights in Data— Existing
Works (APR 1984).
Additional Data
Requirements (APR 1984).
Screening Business
Information for Claims of
Confidentiality (APR 1984).
Treatment of Confidential
Business Information (APR
1984).
Data Security - PIPRA
and/or TSCA Confidential
Business Information (APR
1984).
Contract Publication Review
Procedures (APR 1984).
Paperwork Reduction Act
(APR 1984).
Special Contract
Requirements Incorporated
By Reference (AUG 1984).
Clauses
Definitions (APR 1984).
Officials Not to Benefit
(APR 1984).
Gratuities (APR 1984).
Covenant Against Contingent
Pees (APR 1984).
Approval of Contract (APR
1984).
Security Requirements (APR
1984).
Right of Pirst Refusal of
Employment (APR 1984).
Required Sources for Jewel
Bearings and Related Items
(APR 1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 6
FIXED-PRICE PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
ADV AOV AOV AOV
OCF PP PP IQ IQ
TYPE SEC SUP SVC SUP SVC PROVISIONS/CLAUSES
•* I HA WA 52. 209-002 Qualified
Products—Components of End
Items (APR 1984).
[••II WA WA 52. 209-003 Picst Article
Approval—Contractor
Testing (APR 1984).
(*•] I WA WA 52. 209-003 Pirst Article
Approval—Contractor
Testing (APR 1984).
ALTERNATE I (APR 1984).
[••II WA HA 52. 209-003 Pirat Article
Approval—Contractor
Testing (APR 1984).
ALTERNATE II (APR 1984).
[••II WA WA — 52. 209-004 Pirat Article
Appr oval—Cover nment
Testing (APR 1984).
[••1 I WA WA 52. 209-004 Pirst Article
Approval—Government
Testing (APR 1984).
ALTERNATE Z (APR 1984).
[••] I WA HA 52. 209-004 Pirat Article
Approval—Government
Testing (APR 1984).
ALTERNATE II (APR 1984).
• I WA WA WA HA 52. 210-005 New Material (APR 1984).
* I HA HA HA HA 52. 210-007 Used or Reconditioned
Material, Residual
Inventory/ and Pormer
Government surplus Property
(APR 1984).
[••] I HA HA HA HA 52. 212-004 Liquidated
Damages—Supplies,
Services, or Research and
Development (APR 1984).
[••] I RBQ HA RBQ HA 52. 212-009 Variation in Quantity (APR
1984).
• I RBQ — RBQ —- 52. 212-010 Delivery of Excess
Quantities of $100 or Less
(APR 1984).
• I RBQ RBQ RBQ REQ 52. 212-015 Government Delay of Work
(APR 1984).
• I HA HA HA HA 52. 214-026 Audit—Formal Advertising
(APR 1984).
TN.3 BUILDER CBECRLIST 1~ADVERTISED PAGE 7
PIXED-PRICE PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP
SEC
AOV
PP
SUP
AOV
PP
SVC
AOV
IQ
SUP
AOV
IQ
SVC
PROVISIONS/CLAUSES
TYPE
* I HA HA MA HA 52. 214-027 Price Reduction foe
Defective Cost oc Pricing
Data—Modifications—Formal
Advertising (APR 1984).
• I HA HA HA HA 52. 214-028 Subcontractor Cost or
Pricing Data-
Modifications—Pormal
Advertising (APR 1984).
[•*] I — — REQ REQ 52. 216-018 Ordering (APR 1984).
(••) I — REQ REQ 52. 216-019 Delivery-Order (.imitations
(APR 1984).
[••] I REQ REQ 52. 216-022 Indefinite Quantity (APR
1984).
• I HA HA 52. 217-006 Option for Increased
Quantity (APR 1984).
• I HA — HA — 52. 217-007 Option for Increased
Quantity—Separately Priced
Line Item (APR 1984).
• i HA -— HA 52. 217-008 Option to Extend Services
(APR 1984).
[**] I — HA — HA 52. 217-009 Option to Extend the Term
of the Contract—Services
(APR 1984).
* I REQ REQ REQ REQ 52. 219-008 Utilization of Small
Business Concerns and Small
Disadvantaged Business
Concerns (APR 1984).
* I REQ REQ REQ REQ 52. 219-013 Utilization of Homen-Owned
Small Businesses (APR 1984).
• I REQ REQ REQ REQ 52. 220-003 Utilization of Labor
Surplus Area Concerns (APR
1984).
• I WA HA HA HA 52. 220-004 Labor Surplus Area
Subcontracting Program (APR
1984).
• I HA HA HA HA 52. 222-001 Notice to the Government of
Labor Disputes (APR 1984).
• I HA REQ HA REQ 52. 222-003 Convict Labor (APR 1984).
• I REQ HA REQ HA 52. 222-020 Halsh-Healey Public
Contracts Act (APR 1984).
* I REQ REQ REQ REQ 52. 222-026 Equal Opportunity (APR
1984).
[*•] I HA HA HA HA 52. 222-026 Equal Opportunity (APR
1984). ALTERNATE I (APR
1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE
FIXED-PRICE PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
(JCP
SEC
AOV
PP
SUP
AOV
PP
SVC
AOV
IQ
SUP
AOV
IQ
SVC
PROVISIONS/CLAUSES
TYPE
• I MA WA WA HA 52. 222-028 Equal Opportunity Pceaward
Clearance of Subcontracts
(APR 1984).
• I REQ REQ REQ REQ 52. 222-035 Affirmative Action for
Special Disabled and
Vietnam Era Veterans (APR
1984).
[**] I HA HA HA HA 52. 222-035 Affirmative Action for
Special Disabled and
Vietnam Era Veterans (APR
1984). ALTERNATE I (APR
1984).
• I REQ REQ REQ REQ 52. 222-036 Affirmative Action for
Handicapped Workers (APR
1984).
[**] I HA HA HA HA 52. 222-036 Affirmative Action for
Handicapped Workers (APR
1984). ALTERNATE I (APR
1984).
•* I HA HA HA HA EP52. 222-100 Contract Work Hours and
Safety Standards Act—
Overtime Compensation (40
U.S.C. 327-333) (APR 1984).
•* I HA HA HA HA BP52. 222-110 Contract Work Hours and
Safety Standards Act—
Overtime Compensation—
Firefighters and Fireguards
(APR 1984).
•* I HA HA HA HA EP52. 222-120 Payrolls and Basic Records
(APR 1984).
[••] i HA HA BP52. 222-240 Service Contract Act of
1965 (APR 1984).
«• i WA HA EPS2. 222-260 Pair Labor Standards Act
and Service Contract
Act—Price Adjustment
(Multiyear and Option
Contracts) (SEP 1984).
«• I HA HA EP52.222-265 Pair Labor Standards Act
and Service Contract—Price
Adjustment (SEP 1984).
• I HA HA HA HA 52. 223-002 Clean Air and Hater (APR
1984).
* I HA HA HA HA 52. 223-003 Hazardous Material
Identification and Material
safety Data (APR 1984).
• I HA HA HA HA 52. 224-001 Privacy Act Notification
(APR 1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 9
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
PROVISIONS/CLAUSES
UCP
TYPE SEC
* I
* I
* I
* I
* I
* I
• I
[••] I
[*•] I
[••] I
• I
* I
* I
• I
• I
• I
* I
• I
[*•] I
•• I
ADV
PP
SUP
HA
HA
HA
HA
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
REQ
REQ
REQ
REQ
REQ
HA
HA
ADV
FP
SVC
HA
HA
— __
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
REQ
REQ
REQ
RBQ
REQ
HA
HA
ADV
IQ
SUP
HA
HA
HA
HA
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
RBQ
REQ
RBQ
RBQ
RBQ
HA
HA
ADV
IQ
SVC
HA
HA
—
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
REQ
REQ
RBQ
REQ
REQ
HA
HA
52. 225-009
52
52
52
52
52
52
I**]
HA
HA
HA
HA
52. 224-002 Privacy Act (APR 1984).
52. 225-003 Buy American Act—Supplies
(APR 1984).
Buy American Act—Trade
Agreements Act—Balance of
Payments Program (APR 1984)
(Revised by Federal
Acquisition Circular 84-1)
(APR 1984).
225-010 Duty-Pree Entry (APR 1984).
227-001 Authorization and Consent
(APR 1984).
227-002 Notice and Assistance
Regarding Patent and
Copyright Infringement (APR
1984).
227-003 Patent Indemnity (APR 1984).
227-003 Patent Indemnity (APR
1984). ALTERNATE I (APR
1984).
227-003 Patent Indemnity (APR
1984). ALTERNATE II (APR
1984).
52. 227-005 Haiver of Indemnity (APR
1984).
52. 228-001 Bid Guarantee (APR 1984).
52. 228-002 Additional Bond Security
(APR 1984).
52. 228-005 Insurance—Hork on a
Government Installation
(APR 1984).
52. 229-003 Federal, state, and Local
Taxes (APR 1984).
52. 232-001 Payments (APR 1984).
52. 232-008 Discounts for Prompt
Payment (APR 1984).
52. 232-009 Limitation on Hithholding
of Payments (APR 1984).
52. 232-011 Extras (APR 1984).
52. 232-012 Advance Payments (APR 1984),
52. 232-012 Advance Payments (APR
1984). ALTERNATE I (APR
1984).
52. 232-012 Advance Payments (APR
1984). ALTERNATE III (APR
1984).
TN-3
BUILDER CHECKLIST 1—ADVERTISED
FIXED-PRICE PROCUREMENTS
PAGE 10
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP
SEC
ADV
PP
SOP
AOV
PP
SVC
ADV
IQ
SUP
ADV
IQ
SVC
PROVISIONS/CLAUSES
TYPE
•* I MA HA HA HA 52. 232-012 Advance Payments (APR
1984). ALTERNATE IV (APR
1984).
* I HA HA HA HA 52. 232-016 Progress Payments (APR
1984).
* I HA HA HA HA 52. 232-016 Progress Payments (APR
1984). ALTERNATE I (APR
1984).
[•*] I HA HA HA HA 52. 232-016 Progress Payments (APR
1984). ALTERNATE II (APR
1984).
* I REQ REQ REQ REQ 52. 232-017 Interest (APR 1984).
• I HA HA HA HA 52. 232-018 Availability of Funds (APR
1984).
* i HA HA 52. 232-019 Availability of Punds for
the Next Fiscal Year (APR
1984).
• I REQ RBQ REQ REQ 52. 232-023 Assignment of Claims (APR
1984).
• I HA HA HA HA 52. 232-023 Assignment of Claims (APR
1984). ALTERNATE I (APR
1984).
* I HA HA HA HA 52. 232-024 Prohibition of Assignment
of Claims (APR 1984).
* I HA HA HA HA 1552. 232-072 Application of the Prompt
Payment Act—Contract with
P.o.b. Origin Deliverables
(APR 1984).
NOTE: A Disputes clause is required for each EPA solicitation and contract.
It is EPA policy to use the PAR clause alternate in most cases. The basic FAR
clause can be used when circumstances warrant. The following notations
adjacent to these Disputes clauses reflect the EPA policy. USB ONLY ONE
DISPUTES CLAUSE IN A GIVEN SOLICITATION OR CONTRACT.
• I HA HA MA HA 52. 233-001 Disputes (APR 1984).
• I RBQ REQ RBQ RBQ 52. 233-001 Disputes (APR 1984).
ALTERNATE I (APR 1984).
* I —HA HA 52. 237-002 Protection of Government
Buildings, Equipment, and
Vegetation (APR 1984).
• I — MA — HA 52. 237-003 Continuity of Services (APR
1984).
[••] I MA MA 52. 237-004 Payment by Government to
Contractor (APR 1984).
•* I — HA — HA 52. 237-004 Payment by Government to
Contractor (APR 1984).
ALTERNATE I (APR 1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 11
FIXED-PRICE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
ADV ADV AOV AOV
UCP PP PP IQ IQ
TYPE SEC SUP SVC SUP SVC PROVISIONS/CLAUSES
* I HA HA 52. 242-002 Production Progress Reports
(APR 1984).
* I HA HA HA HA 52. 242-010 P.o.b. Origin—Government
Bills of Lading or Prepaid
Postage (APR 1984).
• I HA HA HA HA 52. 242-011 P.o.b. Origin—Government
Bills of Lading or Indicia
Nail (APR 1984).
• I REQ — REQ 52. 243-001 Changes—Pixed-Price (APR
1984).
• I REQ REQ 52. 243-001 Changes—Fixed-Price (APR
1984). ALTERNATE I (APR
1984).
• I HA HA 52. 243-001 Changes—Fixed-Price (APR
1984). ALTERNATE II (APR
1984).
• I HA HA HA HA 52. 244-001 Subcontracts Under
Pixed-Price Contracts (APR
1984).
• I REQ REQ 52. 244-005 Competition in
Subcontracting (APR 1984).
• I HA HA HA HA 52.245-001 Property Records (APR 1984).
* I HA HA HA HA 52. 245-002 Government Property
(Fixed-Price Contracts)
(APR 1984).
* I HA HA HA HA 52. 245-002 Government Property
(Pixed-Price Contracts)
(APR 1984). ALTERNATE I
(APR 1984).
* I HA HA HA HA 52. 245-004 Government-Furnished
Property (Short Form) (APR
1984).
* I HA HA HA HA 52. 245-009 Use and Charges (APR 1984).
* I HA HA HA HA 52. 245-019 Government Property
Furnished "As Is* (APR
1984).
• I REQ HA REQ HA 52. 246-002 Inspection of Supplies—
Pixed-Price (APR 1984).
• I HA REQ HA REQ 52. 246-004 Inspection of
Services—Pixed-Price (APR
1984).
•* I HA HA HA HA 52. 246-015 Certificate of Conformance
(APR 1984).
* I REQ REQ REQ REQ 52. 246-016 Responsibility for Supplies
(APR 1984).
[••] I HA ' HA 52. 246-017 Harranty of Supplies of a
Noncomplex Nature (APR
1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 12
PIXED-PRICE PROCUREMENTS
-------
O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
OC?
SBC
AOV
SOP
AOV
PP
SVC
AOV
IQ
SUP
AOV
XQ
SVC
PROVISIONS/CLAUSES
[**] I HA HA
[•*] I HA HA
[•*] I HA
[••1 I
[••] I HA
HA —
HA 52. 246-017
HA 52. 246-017
[**] I HA HA
• I HA HA
• I HA HA
• I HA
• I HA
HA
HA
[•*] I HA HA HA HA
•• I
HA HA HA
52. 246-017 Harcanty of Supplies of a
Noncomplei Nature (APR
1984). ALTERNATE I (APR
1984).
52. 246-017 Warranty of Supplies of a
Noncomplex Nature (APR
1984). ALTERNATE II (APR
1984).
52. 246-017 Harranty of Supplies of a
Nonconplei Nature (APR
1984). ALTERNATE III (APR
1984).
Harranty of Supplies of a
Noncomplex Nature (APR
1984). ALTERNATE IV (APR
1984).
Harranty of supplies of a
Noneooplex Nature (APR
1984). ALTERNATE V (APR
1984).
52. 246-018 Harranty of Supplies of a
Complex Nature (APR 1984).
52. 246-018 Harranty of supplies of a
Complex Nature (APR 1984).
ALTERNATE I (APR 1984).
52. 246-018 Harranty of Supplies of a
Complex Nature (APR 1984).
ALTERNATE II (APR 1984).
52. 246-018 Harranty of Supplies of a
Complex Nature (APR 1984).
ALTERNATE III (APR 1984).
52. 246-018 Harranty of Supplies of a
Complex Nature (APR 1984).
ALTERNATE IV (APR 1984).
52. 246-019 Harranty of Systems and
Equipment under Performance
Specifications or Design
Criteria (APR 1984).
52. 246-019 Harranty of Systems and
Equipment Under Performance
Specifications or Design
Criteria (APR 1984).
ALTERNATE I (APR 1984).
TN-3
BUILDER CHECKLIST 1—ADVERTISED
FIXED-PRICE PROCUREMENTS
PAGE 13
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O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
ocp
SEC
AOV
PP
SOP
AAV
PP
SVC
ADV
IQ
SOP
AOV
IQ
SVC
TYPE SEC SOP SVC SOP SVC PROVISIONS/CLAUSES
** I WA WA WA WA 52. 246-019 Warranty of Systems and
Equipment Under Performance
Specifications or Design
Criteria (APR 1984).
ALTERNATE II (APR 1984).
•* I WA WA WA WA 52. 246-019 Warranty of Systems and
Equipment Under Performance
Specifications or Design
Criteria (APR 1984).
ALTERNATE III (APR 1984).
[**1 I WA WA 52. 246-020 Warranty of Services (APR
1984).
• I WA WA 52. 246-023 Limitation of Liability
(APR 1984).
* I WA WA 52. 246-024 Limitation of
Liability—High-Value Items
(APR 1984).
• I WA WA 52. 246-024 Limitation of
Liability—High-Value Items
(APR 1984). ALTERNATE I
(APR 1984).
• I — REQ REQ 52. 246-025 Limitation of Liability-
Services (APR 1984).
[•*) I WA WA 52. 247-001 Commercial Bill of Lading
Notations (APR 1984).
• I WA WA 52. 247-029 P.o.b. Origin (APR 1984).
* I WA WA 52. 247-030 P.o.b. Origin, Contractor's
Facility (APR 1984).
• I WA WA 52. 247-031 P.o.b. Origin, Freight
Allowed (APR 1984).
• I WA — WA — 52. 247-032 P.o.b. Origin, Freight
Prepaid (APR 1984).
• I WA — WA — 52. 247-034 P.o.b. Destination (APR
1984).
• I WA — WA — 52. 247-035 P.o.b. Destination, within
Consignee's Premises (APR
1984).
• I WA WA 52. 247-048 P.o.b.
Destination—Evidence of
Shipment (APR 1984).
• I WA — WA — 52. 247-054 Diversion of Shipment Under
P.o.b. Destination
Contracts (APR 1984).
• I WA WA 52. 247-055 P.o.b. Point for Delivery
of Government-Furnished
Property (APR 1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 14
FIXED-PRICE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
ADV ADV AOV ADV
UCF PP PP IQ IQ
TYPE SBC SUP SVC SUP SVC PROVISIONS/CLAUSES
• I MA HA —- 52. 247-058 Loading, Blocking, and
Bracing of Freight Car
Shipments (APR 1984).
• I HA HA 52. 247-063 Preference for U.S.-Flag
Air Carriers (APR 1984).
• I HA HA 52. 247-064 Preference for Privately
Owned U.S.-Plag Commercial
Vessels (APR 1984).
* I HA HA HA. HA 52. 249-001 Termination for Convenience
of the Government
(Fixed-Price) (Short Form)
(APR 1984).
* I HA HA HA HA 52. 249-002 Termination for Convenience
of the Government
(Fixed-Price) (APR 1984).
* I HA HA HA HA 52. 249-002 Termination for Convenience
of the Government
(Fixed-Price) (APR 1984).
ALTERNATE II (APR 1984).
• I HA HA 52. 249-004 Termination for Convenience
of the Government
(Services) (Short Porm)
(APR 1984).
* I REQ REQ REQ HA 52. 249-008 Default (Fixed-Price Supply
and Service) (APR 1984).
* I REQ REQ REQ REQ 52. 251-001 Government Supply Sources
(APR 1984).
[*•] I REQ REQ REQ REQ 52. 252-002 Clauses Incorporated by
Reference (APR 1984).
[**] I HA HA HA HA 52. 252-004 Alterations in Contract
(APR 1984).
[*•] I HA HA HA HA 52. 2S2-006 Authorized Deviations in
Clauses (APR 1984).
Part III, section J, List of Documents, Exhibits, and Other Attachments
[**] J REQ REQ REQ REQ BP52. 252-100 List of Attachments (APR
1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 15
FIXED-PRICE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE SEC
ADV ADV ADV ADV
'* PP IQ IQ
SUP SVC SUP SVC
PROVISIONS/CLAUSES
Part IV, section K,
Representations, Certifications, and Other Statements of the Offerer
K REQ REQ RBQ REQ
** K REQ REQ REQ REQ
**
**
*•
HA HA HA HA
REQ REQ REQ REQ 1552
REQ REQ REQ RBQ
•• R REQ REQ RBQ REQ
*• K HA HA HA HA
[*•] K HA HA HA HA
•* K REQ RBQ RBQ REQ
•• K RBQ RBQ RBQ RBQ
•• K RBQ RBQ RBQ RBQ
•• K HA HA HA HA
•• K RBQ HA RBQ HA
*• R RBQ RBQ RBQ RBQ
• * K RBQ RBQ REQ REQ
•• R HA HA HA HA
52. 203-002 Certificate of Independent
Price Determination (APR
1984).
52. 203-004 Contingent Pee
Representation and
Agreement (APR 1984).
52. 208-002 Jewel Bearings and Related
Items Certificate (APR
1984).
209-072 Organizational Conflict of
Interest Certification (APR
1984).
52. 214-002 Type of Business
Organization—Pormal
Advertising (APR 1984).
52. 214-008 Parent Company and
Identifying Data (APR 1984),
52. 214-014 Place of Performance—
Pormal Advertising (APR
1984).
52. 214-016 Minimum Bid Acceptance
Period (APR 1984).
52. 219-001 Small Business Concern
Representation (APR 1984).
219-002 Small Disadvantaged
Business Concern
Representation (APR 1984).
52. 219-003 Homen-Owned small Business
Representation (APR 1984).
220-001 Preference for Labor
Surplus Area Concerns (APR
1984).
222-019 Halsb-Healey Public
Contracts Act
Representation (APR 1984).
52. 222-022 Previous Contracts and
Compliance Reports (APR
1984).
52. 222-025 Affirmative Action
Compliance (APR 1984).
52. 223-001 Clean Air and Hater
Certification (APR 1984).
52,
52,
52,
TN-3
BUILDER CHECKLIST 1—ADVERTISED
PIXED-PRICB PROCUREMENTS
PAGE 16
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
ADV AOV AOV AOV
(JCP FP ?P IQ IQ
TYPE SEC SOP SVC SOP SVC PROVISIONS/CLAUSES
*• K HA HA HA HA 52. 223-004 Recovered Material
Certification (APR 1984).
••• K REQ REQ REQ REQ 1552. 224-070 Social Security Numbers of
Consultants and Certain
Sole Proprietors and
Privacy Act Statement (APR
1984).
[•*] K HA HA HA HA 52. 225-001 Buy American Certificate
(APR 1984).
[**] K HA HA HA HA 52. 227-007 Patents—Notice of
Government Licensee (APR
1984).
Part IV ,section L,
Instructions, Conditions, and Notices to Offerers or Quoters
[**! L HA HA 52. 207-001 Notice of Cost Comparison
(Advertised) (APR 1984).
*• L REQ REQ REQ REQ 1552. 209-070 Organizational Conflict of
Interest Notification (APR
1984).
•• L HA HA 52. 210-001 Availability of
Specifications Listed in
the Index of Federal
Specifications and
Standards (APR 1984).
[*•] L HA HA 52. 210-003 Availability of
Specifications Not Listed
in the GSA Index of Federal
Specifications and
Standards (APR 1984).
[•*] L HA HA 52. 210-004 Availability for
Examination of
Specifications Not Listed
in the Index of Federal
Specifications and
Standards (APR 1984).
• L HA HA HA HA 52. 210-006 Listing of Osed or
Reconditioned Material,
Residual Inventory and
Former Government Surplus
Property (APR 1984).
* L REQ REQ REQ REQ 52. 214-001 Solicitation
Definitions—Formal
Advertising (APR 1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 17
FIXED-PRICE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
•
•
•
*
*
•
•
•
•
*
[*•]
•
• •
[••]
[••]
• •
[••1
•
•
[••1
UCP
SEC
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
ADV
PP
SOP
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
ADV
PP
SVC
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
ADV
IQ
SUP
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
ADV
IQ
SVC
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
PROVISIONS/CLAUSES
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
214-003
214-004
214-005
214-006
214-007
214-009
214-010
214-011
214-012
214-013
214-015
214-017
214-020
214-020
214-020
214-021
214-021
214-022
214-023
214-025
Acknowledgement of
Amendments to Invitations
for Bids (APR 1984).
False Statements in Bids
(APR 1984).
submission of Bids (APR
1984).
Explanation to Prospective
Bidders (APR 1984).
Late Submissions,
Modifications, and
Withdrawals of Bids (APR
1984).
Failure to Submit Bid (APR
1984).
Contract Award— Formal
Advertising (APR 1984).
Order of Precedence— Formal
Advertising (APR 1984).
Preparation of Bids (APR
1984).
Telegraphic Bids (APR 1984)
Period for Acceptance Bids
(APR 1984).
Affiliated Bidders (A.PR
1984).
Bid Samples (APR 1984).
Bid Samples (APR 1984).
ALTERNATE I (APR 1984).
Bid Samples (APR 1984).
ALTERNATE II (APR 1984).
Descriptive Literature (APR
1984).
Descriptive Literature (APR
1984). ALTERNATE I (APR
1984).
Evaluation of Bids for
Multiple Awards (APR 1984).
Late Submissions,
Modifications, and
Withdrawals of Technical
Proposals under Two-step
Formal Advertising (APR
1964).
Step Two of Two-step Formal
Advertising (APR 1984).
TN-3
BUILDER CHECKLIST 1—ADVERTISED
FIXED-PRICE PROCUREMENTS
PAGE 18
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
ADV AOV AOV AOV
UCF PP PP IQ IQ
TYPE SEC SUP SVC SUP SVC PROVISIONS/CLAUSES
** L REQ REQ REQ REQ 1S52. 214-070 Past Performance (APR 1984).
• L HA HA HA HA 52. 219-005 Notice of Total Small
Business-Labor surplus Area
Set-Aside (APR 1984).
• L HA HA HA HA 52. 219-006 Notice of Total Small
Business Set-Aside (APR
1984).
* L HA HA HA HA 52. 219-007 Notice of Partial Small
Business Set-Aside (APR
1984).
(**] L HA HA HA HA EP52. 219-100 Set-Aside/Size Standard
Inforaation (AU6 1984).
* L HA HA HA HA 52. 220-002 Notice of Total Labor
Surplus Area Set-Aside (APR
1984).
* L REQ REQ REQ REQ 52. 222-021 Certification of
Nonsegregated facilities
(APR 1984).
* L HA HA HA HA 52. 222-024 Preaward On-Site Equal
Opportunity Compliance
Review (APR 1984).
•• L HA HA HA HA 52. 227-006 Royalty of Information (APR
1984).
•• L HA HA HA HA 1552. 227-070 Notification of
Limited-Rights Data and
Restricted Computer
Software (APR 1984).
• L HA HA HA HA 52. 232-013 Notice of Progress Payments
(APR 1984).
• L HA HA HA HA 52. 232-014 Notice of Availability of
Progress Payments
Exclusively for Small
Business Concerns (APR
1984).
• L HA HA HA HA 52. 232-015 Progress Payments Not
included (APR 1984).
* L HA HA 52. 237-001 Site Visit (APR 1984).
* L HA HA 52. 247-045 P.o.b. Origin and/or P.o.b.
Destination Evaluation (APR
1984).
• L HA HA 52. 247-046 Shipping Point! s) Used in
Evaluation of P.o.b.- Origin
Offers (APR 1984).
[•*] L REQ REQ REQ REQ 52. 252-001 Solicitation Provisions
Incorporated by Reference
(APR 1984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 19
PIXED-PRICE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
[*•]
*•
**
• *
**
• *
UCP
SEC
L
L
M
M
M
M
M
M
M
M
M
M
M
AOV ADV
PP PP
SUP SVC
HA HA
HA HA
Part IV,
Ul ••_
TfA ™~™
HA HA
HA HA
HA HA
HA HA
HA HA
— HA
HA
HA —
HA —
HA
AOV
IQ
SUP
HA
HA
AOV
IQ
SVC
HA
HA
Section M,
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
ES
...
_.
...
...
PROVISIONS/CLAUSES
52
52
. 252-003
. 252-005
Alterations in Solicitation
(APR 1984).
Authorized Deviations in
Provisions (APR 1984).
Evaluation Factors for Award
52
52
1552
52
52
52
52
52
52
52
52
. 209-001
. 214-024
. 214-071
. 217-003
. 217-004
. 217-005
. 217-005
. 247-047
. 247-049
. 247-050
. 247-053
Qualified Products— End
Items (APR 1984).
Multiple Technical
Proposals (APR 1984).
Contract Award — other
Factors— Formal Advertising
(APR 1984).
Evaluation Exclusive of
Options (APR 1984).
Evaluation of Options
Exercised at Time of
Contract Award (APR 1984).
Evaluation of Options (APR
1984).
Evaluation of Options (APR
1984). ALTERNATE I (APR
1984) .
Evaluation— P.O. b. Origin
(APR 1984).
Destination Unknown (APR
1984).
No Evaluation of
Transportation Costs (APR
1984).
Freight Classification
Description (APR i984).
TN-3 BUILDER CHECKLIST 1—ADVERTISED PAGE 20
FIXED-PRICE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
BUILDER CHECKLIST FOR NEGOTIATED FIXED-PRICE PROCUREMENTS
ABBREVIATIONS
TYPE
• ...»
SEC ————»—•——«
UCF
REQ
HA
NEG FP SUP
MEG FP SVC
NEG FP R&D
Part
Pact
Pact
Pact
Pact
Pact
Pact
Pact
Pact II
Pact III
Section A,
Section B,
Section C,
Section D,
Section E,
Section P,
Section G,
Section H,
Section I,
Section J,
Pact IV, section K,
Pact IV ,section L,
Pact XV, Section M,
Incorporated by reference or full text.
By Reference
Full Text
A provision or clause to be incorporated
in 'FULL TEXT* that contains BLANKS that
must be filled before issuance of a
solicitation document or contract. (DOES
NOT INCLUDE "REPS', 'CERTS' OR OTHER
STATEMENTS THAT RESPONDING OFFERORS ARE
TO FILL IN.)
Uniform Contract Format Section.
Required.
To be used when applicable.
Negotiated Fixed-Price Supplies.
Negotiated Fixed-Price Services.
Negotiated Fixed-Price Research &
Development.
CONTENTS
Solicitation/Contract Form and Contents
Supplies/Services and Prices/Costs
Description/Specifications/Work statement
Packing and Marking
inspection and Acceptance
Deliveries or Performance
Contract Administration Data
Special Contract Requirements
Contract Clauses
List of Documents, Exhibits, and Other
Attachments
Representations, Certifications, and Other
Statements of the offerer
instructions, conditions, and Notices to
Offecocs oc Quotecs
Evaluation Factors for Award
Note: See Acquisition Handbook, Unit 1, Volume I Title
Page for a description of this BUILDER CHECKLIST.
TN-3
BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS
PAGE 1
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EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
NEC NEC NEC
UCP PP PP PP
TYPE SEC SUP SVC R&D PROVISIONS/CLAUSES
Pact I, Section A, Solicitation/Contract porm and Contents
Note: See PAR Pact S3 for the solicitation oc contcact Eocm to use.
[••] A HA HA WA EPS2. 253-100 solicitation and Contcact Contents
(APR 1984).
[*•] A HA HA HA EPS2. 253-110 Contract Contents (APR 1984).
Pact I, section B, Supplies/Secvices and Prices/Costs
[**) B HA HA HA EPS2. 212-100 Incocpocation of Notice of Awacd
(APR 1984).
[•*] a HA EPS2. 212-110 Incocpocation of Notice to Pcoceed
(APR 1984).
[••] B HA HA HA EPS2. 212-130 Lettec Contcact (APR 1984).
[*•] B HA HA HA EP52. 216-160 Consideration and Payment—Total
Pixed Price (APR 1984).
[**J B HA HA HA EPS2. 216-170 Consideration and Payment-
Itemized Pixed Prices (AUG 1984).
[•*] B HA HA HA 52. 219-011 Special 8(a) Contract Conditions
(APR 1984).
[•*} B HA HA HA 52. 219-012 Special 8(a) Subcontract
Conditions (APR 1984).
Part I, Section C, Description/Specifications/Work statement
•• C REQ REQ REQ EPS2. 210-100 Statement of Hock/Specifications
(AUG 1984).
[*•] C HA HA HA EP52. 210-120 Incocpocation of Contractor's
Technical Proposal (APR 1984).
[•*] C HA MA HA BPS2. 210-130 Incorporation of Contractor's
Quality Assurance (QA) Project
Plan (APR 1984).
Part I, section D, Packing and Marking
[**] 0 HA HA HA BPS2. 247-100 Shipment and Marking (APR 1984)
[**] D HA HA HA . EP52. 247-110 P.O.b. Point (APR 1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED PIXED-PRICE PROCUREMENTS PAGE 2
-------
EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
NEC NEC NEC
OCP PP PP PP
TYPE SEC SUP SVC R&D PROVISIONS/CLAUSES
Part I, Section E, Inspection and Acceptance
[•*] E WA HA HA EPS2. 246-100 Inspection and Acceptance (APR
1984).
Pact I, section P, Deliveries or Performance
•• P HA HA HA 1552. 210-070 Reports of Work (APR 1984).
** P WA HA HA 1552. 210-070 Reports of Work (APR 1984)
ALTERNATE I (APR 1984).
NOTE: The following clause, EP52.210-970, may be used instead of 1552.210-070
ALTERNATE I until BPAAR is revised.
[•*] P WA HA WA BP52. 210-970 Reports of Work (AUG 1984)
ALTERNATE I (AUG 1984).
•• P WA WA HA 1552. 210-071 Monthly Progress Report—Short
Porm (APR 1984).
•* p HA 1552. 210-074 Working Piles (APR 1984).
*• P WA WA 1552. 210-075 Legal Analysis (APR 1984).
** P WA HA HA 1552. 210-076 Final Reports (APR 1984).
NOTE: The following clause, EPS2.210-976 or its ALTERNATE I, may be used
instead of 1552.210-076 until BPAAR is revised.
(••] P HA WA HA EP52. 210-976 Final Reports (AUG 1984).
[**] P WA WA WA BPS2. 210-976 Draft Final Reports (AUG 1984)
ALTERNATE I (AUG 1984).
•* P —- WA — 1552. 210-077 Management Consulting Services
(APR 1984).
[•*] P HA HA 52. 212-001 Time of Delivery (APR 1984).
[*•] P HA HA 52. 212-001 Time of Delivery (APR 1984).
ALTERNATE I (APR 1984).
[**] P HA WA 52. 212-001 Time of Delivery (APR 1984).
ALTERNATE II (APR 1984).
(•*] P HA HA 52. 212-001 Time of Delivery (APR 1984).
ALTERNATE III (APR 1984).
[••]? WA HA 52. 212-002 Desired and Required Time of
Delivery (APR 1984).
[••] P HA WA — 52. 212-002 Desired and Required Time of
Delivery (APR 1984). ALTERNATE I
(APR 1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 3
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EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
TYPE
I**]
[**J
[•*]
(**]
[**]
[**]
[••]
*«
[•*!
**
[*•]
UCF
SEC
P
P
P
P
P
P
P
P
P
G
G
NEC NEG NEC
PP PP PP
SUP SVC R&D
HA HA — 52.
WA HA 52.
HA HA HA EPS 2.
HA HA HA EPS 2.
HA HA HA EPS 2.
HA HA HA EPS2.
REQ HA HA EPS 2.
HA HA HA 1552.
HA 52.
Pact I, Section G,
HA HA EPS 2.
HA HA HA EP52.
I
212-002
212-002
212-140
212-140
212-150
212-150
212-160
246-072
247-033
Contract
204-100
219-105
PROVISIONS/CLAUSES
Desired and Required Tine of
Delivery (APR 1984). ALTERNATE II
(APR 1984).
Desired and Required Tine of
Delivery (APR 1984). ALTERNATE
III (APR 1984)
Period of Performance (AUG 1984).
Period of Performance (AUG 1984)
ALTERNATE I (AUG 1984).
Period of Performance— Starting
with Effective Date of Contract
(AUG 1984).
Period of Performance— starting
with Effective Date of contract
(AUG 1984) ALTERNATE I (AUG 1984).
Delivery Schedule (APR 1984).
Quality Assurance (QA) Project
Plan Documentation (APR 1984).
P.o.b. origin, with Differentials
(APR 1984).
Administration Data
Memorandum of Understanding (NAS)
(APR 1984).
Subcontracting Program for Small
Business and Small Disadvantaged
Business (APR 1984).
•* G HA HA HA EP52. 219-120 Subcontracting Reports—Small
Business and Small Disadvantaged
Business Concerns (APR 1984).
•* G — HA EPS2. 227-120 Designation of Patent Counsel (APR
1984).
•* G HA HA HA 1552. 232-070 Application of Prompt Payment
Act—Contracts with Advance,
Progress, or Provisional Payments
(APR 1984).
** G HA HA HA 1552. 232-071 Application of the Prompt Payment
Act—Contract with P.o.b.
Destination Deliverables (APR
1984).
•* G HA HA HA BP52. 232-210 Interest on Overdue Payments (AUG
1984).
•• G REQ REQ REQ EP52. 232-220 Method of Payment (AUG 1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 4
-------
EPA PROVISION AMD CLAUSE MATRIX—NUMERICAL ORDER
TYPE
[••]
• *
[•*]
*•
• *
[•*]
[••]
[••]
[••]
[*•]
**
**
• •
[**]
• *
*«
*
«
*
•
•
[••]
UCP
sec
G
G
G
G
G
G
G
G
G
G
a
H
H
H
a
a
a
a
a
a
a
a
MEG
PP
SOP
REQ
RBQ
HA
...
MA
HA
WA
HA
...
HA
Part
HA
REQ
REQ
___
_.
...
HA
HA
HA
HA
...
...
NEC
PP
SVC
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
HA
I,
REQ
RBQ
HA
HA
HA
HA
HA
HA
HA
HA
...
HA
NEC
PP
R&O
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
HA
BPS2.
52.
EPS2.
1S52.
1552.
EPS 2.
EPS 2.
EPS 2.
EPS 2.
EPS 2.
Section H,
HA
REQ
...
___
HA
HA
HA
HA
HA
HA
HA
HA
1552.
1552.
1552.
EPS 2.
1552.
EPS 2.
1552.
1552.
1552.
1552.
1552.
52.
242-100
243-007
244-100
245-070
245-071
245-100
245-110
245-120
245-130
245-140
Special
208-070
209-071
213-070
217-979
223-070
223-100
227-071
227-071
227-072
227-074
227-075
228-010
PROVISIONS/ CLAUSES
Contract Administration
Representatives (AOG 1984).
Notification of Changes (APR 1984)
Subcontract Consent (APR 1984).
Decontamination of Government
Property (APR 1984).
Government-Pur nished Data (APR
1984).
Contractor-Acquired Government
Property (APR 1984).
Government Property— Residual
Inventory (APR 1984).
Government-Furnished Property (AUG
1984).
Government Property— Facilities
Ose (APR 1984).
Designation of Property
Administrator (APR 1984).
Contract Requirements
Printing (APR 1984).
organizational Conflicts of
interest (APR 1984).
Notice to Suppliers of Equipment
(APR 1984).
Option To Renew the Contract-
Services Contract (AOG 1984).
Protection of Buman subjects (APR
1984).
Care of Laboratory Animals (AOG
1984).
Rights in Data— General (APR 1984)
Rights in Data— General (APR
1984). ALTERNATE I (APR
1984). (APR 1984).
' Rights in Data— Special Horks (APR
1984).
Additional Data Requirements (APR
1984).
Rights in Data Developed under
Small Business Innovative Research
(SBIR) Contracts (APR 1984).
vehicular and General Public
Liability insurance (APR 1984).
TN_3 BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 5
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EPA PROVISION AMD CLAUSE MATRIX—NUMERICAL ORDER
TYPE
NEC
(JCP PP
SEC SUP
NEC
PP
SVC
NEC
PP
R6D
PROVISIONS/CLAUSES
*•
HA
WA
MA
1552. 228-070
— 1552. 228-071
— 1552. 228-072
a
**
**
*•
H
a
*•
**
• *
(**]
a
a
a
a
HA 1552. 228-073
HA HA 1552. 235-070
HA HA 1552. 235-071
HA HA 1552. 235-072
HA HA 1552. 237-070
HA HA 1552. 237-072
WA 1552. 237-074
REQ REQ 1552. 237-075
HA HA HA BP52. 252-110
Insurance—Liability to Third
Persona—Commercial Organizations
(APR 1984).
Insurance—Liability to Third
Persona—state or Local
Governments (APR 1984).
Insurance—Liability to Third
Persons—Commercial organizations
(Emergency) (APR 1984).
Insurance—Liability to Third
Persons—State or Local
Governments (Emergency) (APR 1984).
Screening Business Information for
Claims of Confidentiality (APR
1984).
Treatment of Confidential Business
Information (APR 1984).
Data Security - PIPRA and/or TSCA
Confidential Business Information
(APR 1984).
Contract Publication Review
Procedures (APR 1984).
Key Personnel (APR 1984).
Publicity (APR 1984).
Paperwork Reduction Act (APR 1984).
Special Contract Requirements
Incorporated By Reference (AUG
1984).
Part II, Section I, Contract Clauses
•
•
•
*
*
•
•
I
I
I
I
I
I
I
REQ
REQ
RBQ
REQ
HA
HA
HA
RBQ
REQ
RBQ
REQ
HA
HA
HA
RBQ
RBQ
REQ
REQ
HA
HA
HA
52.
52.
52.
52.
52.
52.
52.
202-001
203-001
203-003
203-005
204-001
204-002
207-003
HA
HA
52. 208-001
Definitions (APR 1984).
Officials Not to Benefit (APR
1984).
Gratuities (APR 1984).
Covenant Against Contingent Pees
(APR 1984).
Approval of Contract (APR 1984).
Security Requirements (APR 1984).
Right of Pirst Refusal of
Employment (APR 1984).
Required Sources for Jewel
Bearings and Related items (APR
1984).
TN-3
BUILDER CBECRLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS
PAGE 6
-------
EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
TYPE
• •
[••]
[**]
[••]
[••]
(**]
t **]
•
•
[•«]
[*«]
*
*
•
•
•
•
•
•
•
UCP
SEC
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
NEC
FP
SUP
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
REQ
REQ
REQ
REQ
REQ
REQ
—
—
REQ
REQ
NEG
FP
SVC
."!!
—
—
— -
...
—
— —
HA
HA
HA
HA
___
REQ
RBQ
REQ
RBQ
HA
HA
REQ
REQ
NEG
FP
R&D
HA
—
_—
—
—
— .
HA
...
—
REQ
...
RBQ
RBQ
HA
HA
RBQ
RBQ
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
209-002
209-003
209-003
209-003
209-004
209-004
209-004
210-005
210-007
212-004
212-009
212-010
212-013
212-015
215-001
215-002
215-021
215-021
215-022
215-023
PROVISIONS/CLAUSES
Qualified Products— Components of
End Items (APR 1984).
Pirst Article Approval— Contractor
Testing (APR 1984).
First Article Approval— Contractor
Testing (APR 1984). ALTERNATE I
(APR 1984).
First Article Approval — Contractor
Testing (APR 1984). ALTERNATE II
(APR 1984).
First Article Approval— Government
Testing (APR 1984).
First Article Approval— Government
Testing (APR 1984). ALTERNATE I
(APR 1984).
First Article Approval— Government
Testing (APR 1984). ALTERNATE II
(APR 1984).
New Material (APR 1984).
Used or Reconditioned Material,
Residual Inventory, and Former
Government Surplus Property (APR
1984).
Liquidated Damages— Supplies,
Services, or Research and
Development (APR 1984).
Variation in Quantity (APR 1984).
Delivery of Excess Quantities of
$100 or Less (APR 1984).
Stop-Hork order (APR 1984).
Government Delay of Work (APR
1984).
Examination of Records by
Comptroller General (APR 1984).
Audit— Negotiation (APR 1984).
Changes or Additions to
Make-or-Buy Program (APR 1984).
Changes or Additions to
Make-or-Buy Program (APR 1984).
ALTERNATE II (APR 1984).
Price Reduction for Defective Cost
or Pricing Data (APR 1984).
Price Reduction for Defective Cost
or Pricing Data— Modifications
(APR 1984).
REQ REQ REQ 52. 215-024 Subcontractor Cost or Pricing Data
(APR 1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 7
-------
EPA PROVISION AMD CLAUSE MATRIX—NUMERICAL ORDER
TYPE
*
[**]
!*•]
•
[••]
( ** 1
(••]
[••1
[••1
[••]
[••1
[•*]
[••1
•
•
•
[•*]
•
•
[•*]
UCP
SEC
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
NEC
PP
SUP
REQ
WA
WA
WA
WA
...
HA
HA
WA
WA
HA
HA
HA
HA
WA
...
...
REQ
WA
HA
NEC
PP
SVC
REQ
...
T—
...
WA
...
...
WA
WA
WA
WA
HA
HA
—
...
HA
HA
REQ
HA
HA
NEC
PP
R&D
REQ
_.
...
...
...
HA
WA
...
WA
...
HA
HA
HA
_-_
...
...
...
REQ
HA
HA
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
215-025
216-002
216-003
216-004
216-005
216-006
216-016
216-016
216-017
216-017
216-023
216-024
216-025
217-006
217-007
217-008
217-009
219-008
219-009
219-010
PROVISIONS/CLAUSES
Subcontractor Cost or Pricing
Data— Modifications (APR 1984).
Economic Price Adjustment-
Standard Supplies (APR 1984).
Economic Price Adjustment —
Semistandard Supplies (APR 1984).
Economic Price Adjustment— Labor
and Material (APR 1984).
Price Redetermination —
Prospective (APR 1984).
Price Redeterminat ion-
Retroactive (APR 1984).
Incentive Price Revision— Firm
Target (APR 1984).
Incentive Price Revision— Firm
Target (APR 1984). ALTERNATE I
(APR 1984).
Incentive Price
Revision— Successive Targets (APR
1984).
incentive Price
Revision— Successive Targets (APR
1984). ALTERNATE I (APR 1984).
Execution and Commencement of Work
(APR 1984).
Limitation of Government Liability
(APR 1984).
Contract Def initization (APR 1984)
Option for Increased Quantity (APR
1984).
Option for Increased Quantity—
Separately Priced Line Item (APR
1984).
Option to Extend Services (APR
1984).
option to Extend the Term of the
Contract— Services (APR 1984).
Utilization of Small Business
Concerns and Small Disadvantaged
Business Concerns (APR 1984).
Small Business and Small
Disadvantaged Business
Subcontracting Plan (APR 1984).
Incentive Subcontracting Program
for Small and Small Diaadvantaged
Business Concerns (APR 1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 8
-------
SPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
NEC NBG NEC
OCP ?P PP PP
TYPE SEC SOP SVC R&D PROVISIONS/CLAUSES
* I REQ REQ REQ 52. 219-013 Utilization of women-Owned small
Businesses (APR 1984).
• I REQ REQ REQ 52. 220-003 Utilization of Labor Surplus Area
Concerns (APR 1984).
• I MA HA HA 52. 220-004 Labor Surplus Area Subcontracting
Program (APR 1984).
* I HA HA HA 52. 222-001 Notice to the Government of Labor
Disputes (APR 1984).
• I HA REQ REQ 52. 222-003 Convict Labor (APR 1984).
* I REQ HA HA 52. 222-020 Halsh-Bealey Public Contracts Act
(APR 1984).
* I REQ REQ REQ 52. 222-026 Equal Opportunity (APR 1984).
[•*] I HA HA HA 52. 222-026 Equal Opportunity (APR 1984).
ALTERNATE I (APR 1984).
• I HA HA HA 52. 222-028 Equal Opportunity Preaward
Clearance of Subcontracts (APR
1984).
• I REQ REQ REQ 52. 222-035 Affirmative Action for Special
Disabled and Vietnam Bra Veterans
(APR 1984).
[••] I HA HA HA 52. 222-03S Affirmative Action for Special
Disabled and Vietnam Era Veterans
(APR 1984). ALTERNATE I (APR
1984).
• I REQ REQ REQ 52. 222-036 Affirmative Action for Handicapped
Horleers (APR 1984).
[••]I HA HA HA 52. 222-036 Affirmative Action for Handicapped
Workers (APR 1984). ALTERNATE I
(APR 1984).
••I HA HA HA EP52. 222-100 Contract Work Hours and Safety
Standards Act—Overtime
Compensation (40 O.S.C. 327-333)
(APR 1984).
•• I HA HA HA BP52. 222-110 Contract Work Hours and safety
Standards Act—Overtime
Compensation—Firefighters and
Fireguards (APR 1984).
••I HA HA HA EPS2. 222-120 Payrolls and Basic Records (APR
1984).
[••] I HA HA EP52. 222-240 Service Contract Act of 1965 (APR
1984).
** I — HA — EPS2. 222-260 Fair Labor Standards Act and
Service Contract Act—Price
Adjustment (Hultiyear and Option
Contracts) (SEP 1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 9
-------
EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
NEC NEC NEC
UCP PP PP PP
TYPE SEC SUP SVC R&D PROVISIONS/CLAUSES
•* I WA EP52. 222-265 Pair Labor Standards Act and
Service Contract Act—Price
Adjustment (SEP 1984).
* I WA WA MA 52. 223-002 Clean Air and Water (APR 1984).
• I WA WA WA 52. 223-003 Hazardous Material Identification
and Material Safety Data (APR
1984).
• I WA WA WA 52. 224-001 Privacy Act Notification (APR
1984).
• I WA WA WA 52. 224-002 Privacy Act (APR 1984).
• I WA WA WA 52. 225-003 Buy American Act—Supplies (APR
1984).
• I WA 52. 225-009 Buy American Act—Trade Agreements
Act—Balance of Payments Program
(APR 1984) (Revised by Federal
Acquisition Circular 84-1) (APR
1984).
• I WA 52. 225-010 Duty-Pree Entry (APR 1984).
• I REQ REQ 52. 227-001 Authorization and consent (APR
1984).
• I REQ 32. 227-001 Authorization and Consent (APR
1984). ALTERNATE I (APR 1984).
• I REQ REQ REQ 52. 227-002 Notice and Assistance Regarding
Patent and Copyright Infringement
(APR 1984).
* I WA WA 52. 227-003 Patent Indemnity (APR 1984).
[••] I WA WA 52. 227-003 Patent Indemnity (APR 1984).
ALTERNATE I (APR 1984).
[**] I WA WA 52. 227-003 Patent Indemnity (APR 1984).
ALTERNATE II (APR 1984).
[**] I WA WA 52. 227-005 Waiver of Indemnity (APR 1984).
* I WA WA WA 52. 227-008 Reporting of Royalties (Foreign)
(APR 1984).
• I WA WA WA 52. 227-009 Refund of Royalties (APR 1984).
• I WA WA WA 52. 227-010 filing of Patent Applications-
Classified Subject Matter (APR
1984).
NOTE: A Patent Rights clause is required for each EPA Research and Development
(RSD) solicitation and contract. It is EPA policy to use the Patent
Rights—Retention by the Contractor (Short Poem) clause, PAR 52.227-11, in most
cases. The clause's Alternate I and the Patent Rights—Retention by the
Government clause, PAR 52.227-13, and its Alternate I can be used when
circumstances warrant. The following notations adjacent to these Patent Rights
Clauses reflect the EPA policy. USE ONLY ONE PATENT RIGHTS CLAUSE IN A GIVEN
SOLICITATION OR CONTRACT.
TN-3 BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 10
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EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
NEG NEG NEG
UCP PP PP PP
TYPE SEC SUP SVC R&D PROVISIONS/CLAUSES
• i ... REQ 52. 227-011 Patent Rights—Retention by the
Contractor (Short Poem) (APR 1984).
[**] i HA 52. 227-011 Patent Rights—Retention by the
Contractor (Short Porn) (APR
1984). ALTERNATE I (APR 1984).
• i HA 52. 227-013 Patent Rights—Acquisition by the
Government (APR 1984).
(•*! I — — HA 52. 227-013 Patent Rights—Acquisition by the
Government (APR 1984). ALTERNATE
I (APR 1984).
• I HA 52. 228-002 Additional Bond Security (APR
1984).
• I HA HA HA 52. 228-004 Workers' Compensation and
war-Hazard insurance (APR 1984).
* I HA HA HA 52. 228-005 Insurance—Work on a Government
installation (APR 1984).
• I HA 52. 229-001 State and Local Taxes (APR 1984).
• I HA REQ HA 52. 229-003 federal, State, and Local Taxes
(APR 1984).
• I HA HA HA 52. 229-004 federal, state, and Local Taxes
(Noncompetitive Contract) (APR
1984).
• I RBQ HA RBQ 52. 229-005 Taxes—Contracts Performed in U.S.
Possessions or Puerto Rico (APR
1984).
* I HA HA HA 52. 230-003 Cost Accounting Standards (APR
1984).
• I HA HA HA 52. 230-004 Administration of Cost Accounting
Standards (APR 1984).
• I HA HA HA 52. 230-005 Disclosure and Consistency of Cost
Accounting Practices (APR 1984).
• I RBQ RBQ 52. 232-001 Payments (APR 1984).
* i ... ... REQ 52. 232-002 Payments under Pixed-Price
Research and Development Contracts
(APR 1984).
• I RBQ RBQ — 52. 232-008 Discounts for Prompt Payment (APR
1984).
• I RBQ REQ RBQ 52. 232-009 Limitation on Hithholding of
payments (APR 1984).
• I RBQ REQ 52. 232-011 Extras (APR 1984).
[••] i HA HA HA 52. 232-012 Advance Payments (APR 1984).
•* I HA HA HA 52. 232-012 Advance Payments (APR 1984).
ALTERNATE I (APR 1984).
[*•] I HA HA HA 52. 232-012 Advance Payments (APR 1984).
ALTERNATE III (APR 1984).
•* I HA HA HA 52. 232-012 Advance Payments (APR 1984).
ALTERNATE IV (APR 1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED PIXED-PRICE PROCUREMENTS PAGE 11
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EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
TYPE
•
*
[•*]
*
*
*
*
•
*
UCP
SEC
I
I
I
I
I
I
I
I
I
NBG
PP
SUP
HA
HA
HA
REQ
HA
REQ
HA
HA
HA
NEG
PP
SVC
HA
HA
HA
REQ
HA
REQ
HA
HA
HA
NEG
PP
R6D
HA
HA
HA
REQ
—
REQ
HA
HA
HA
52.
52.
52.
52.
52.
52.
52.
52.
1552.
232-016
232-016
232-016
232-017
232-018
232-023
232-023
232-024
232-072
PROVISIONS/CLAUSES
Progress Payments (APR 1984).
Progress Payments (APR 1984).
ALTERNATE I (APR 1984).
Progress Payments (APR 1984).
ALTERNATE II (APR 1984).
Interest (APR 1984).
Availability of Funds (APR 1984).
Assignment of Claims (APR 1984).
Assignment of Claims (APR 1984).
ALTERNATE I (APR 1984).
Prohibition of Assignment of
Claims (APR 1984).
Application of the Prompt Payment
Act—Contract with P.o.b. Origin
Deliverables (APR 1984).
NOTE: A Disputes clause is required for each EPA solicitation and contract.
It is EPA policy to use the PAR clause alternate in most cases. The basic PAR
clause can be used when circumstances warrant. The following notations
adjacent to these Disputes clauses reflect the EPA policy. USB ONLY ONE
DISPUTES CLAUSE IN A GIVEN SOLICITATION OR CONTRACT.
•
*
HA HA HA
REQ REQ REQ
HA
HA
I
I
— HA —
HA —
*•
52. 237-004
I
I
HA HA HA
REQ -- ---
-- REQ
52. 233-001 Disputes (APR 1984).
52. 233-001 Disputes (APR 1984). ALTERNATE I
(APR 1984).
52. 237-002 Protection of Government
Buildings, Equipment, and
Vegetation (APR 1984).
52. 237-003 Continuity of Services (APR 1984).
52. 237-004 Payment by Government to
contractor (APR 1984).
Payment by Government to
Contractor (APR 1984). ALTERNATE
I (APR 1984).
52. 242-002 Production Progress Reports (APR
1984).
52. 242-010 P.o.b. Origin—Government Bills of
Lading or Prepaid Postage (APR
1984).
52. 242-011 P.o.b. origin—Government Bills of
Lading or Indicia Mail (APR 1984).
52. 243-001 Changes—Pixed-Price (APR 1984).
52. 243-001 Changes—Pixed-Price (APR 1984).
ALTERNATE I (APR 1984).
52. 243-001 Changes—Pixed-Price (APR 1984).
ALTERNATE II (APR 1984).
TN-3
BUILDER CHECKLIST 2—NEGOTIATED PIXED-PRICE PROCUREMENTS
PAGE 12
-------
EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
TYPE
[•*]
UCP
SEC
I
I
I
I
I
I
T
NEG
FP
SUP
_._
HA
HA
REQ
HA
HA
U&
NEG
PP
SVC
—
HA
HA
REQ
HA
HA
EA
NEG
FP
R&D
HA
HA
HA
REQ
HA
HA
Uft
T ••«
I
I
I
I
KA
HA HA
REQ REQ
HA —
HA
REQ
•
•
*
•
•
*
•
*
•
•
I
I
I
I
I
I
I
I
I
I
HA
HA
HA
HA
HA
HA
HA
REQ
HA
___
HA
HA
HA
HA
HA
HA
HA
HA
REQ
_._
HA
HA
HA
HA
HA
—
HA
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
245-004
245-009
245-017
245-017
245-018
245-019
246-001
246-002
246-004
246-007
PROVISIONS/CLAUSES
52. 243-001 Changes—Fixed-Price (APR 1984).
ALTERNATE V (APR 1984).
52. 243-006 Change Order Accounting (APR 1984).
52. 244-001 Subcontracts Under Fixed-Price
Contracts (APR 1984).
52. 244-005 Competition in Subcontracting (APR
1984).
52. 245-001 Property Records (APR 1984).
52. 245-002 Government Property (Fixed-Price
Contracts) (APR 1984).
52. 245-002 Government Property (Fixed-Price
Contracts) (APR 1984). ALTERNATE
I (APR 1984).
52. 245-002 Government Property (Fixed-Price
contracts) (APR 1984). ALTERNATE
II (APR 1984).
Government-Furnished Property
(Short Form) (APR 1984).
Use and Charges (APR 1984).
Special Tooling (APR 1984).
Special Tooling (APR 1984).
ALTERNATE I (APR 1984).
Special Test Equipment (APR 1984).
Government Property Furnished 'As
Is" (APR 1984).
Contractor Inspection Requirements
(APR 1984).
Inspection of Supplies—
Fixed-Price (APR 1984).
Inspection of
Services—Fixed-Price (APR 1984).
Inspection of Research and
Development—Fixed-Price (APR
1984).
52. 246-009 Inspection of Research and
Development (short Form) (APR
1984).
52. 246-015 Certificate of Conformance (APR
1984).
52. 246-016 Responsibility for Supplies (APR
1984).
52. 246-017 Harranty of Supplies of a
Noncomplex Nature (APR 1984).
52. 246-017 Harranty of Supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE I (APR 1984).
TN-3
BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 13
-------
EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
TYPE
MEG
UCP ?P
SBC SUP
NEC
PP
SVC
NEC
PP
R&D
PROVISIONS/CLAUSES
[*•!
l**l
[*•)
••
•*
[**]
*
I HA
I HA
I HA
I HA HA
I MA
I HA
I HA
I HA
I HA HA HA
I HA HA HA
I HA HA HA
I HA HA HA
I HA
I HA
I HA —
52. 246-017 Warranty of Supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE II (APR 1984).
52. 246-017 warranty of supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE III (APR 1984).
52. 246-017 warranty of supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE IV (APR 1984).
52. 246-017 Harranty of Supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE V (APR 1984).
52. 246-018 Harranty of supplies of a Complex
Nature (APR 1984).
52. 246-018 Harranty of Supplies of a Complex
Nature (APR 1984). ALTERNATE I
(APR 1984).
52. 246-018 Harranty of Supplies of a Complex
Nature (APR 1984). ALTERNATE II
(APR 1984).
52. 246-018 Harranty of Supplies of a Complex
Nature (APR 1984). ALTERNATE III
(APR 1984).
52. 246-018 Harranty of Supplies of a Complex
Nature (APR 1984). ALTERNATE IV
(APR 1984).
52. 246-019 Harranty of Systems and Equipment
Under Performance Specifications
or Design Criteria (APR 1984).
52. 246-019 Harranty of Systems and Equipment
Under Performance Specifications
or Design Criteria (APR 1984).
ALTERNATE I (APR 1984).
52. 246-019 Harranty of Systems and Equipment
Under Performance Specifications
or Design Criteria (APR 1984).
ALTERNATE II (APR 1984).
52. 246-019 Harranty of Systems and Equipment
under Performance Specifications
or Design Criteria (APR 1984).
ALTERNATE III (APR 1984).
52. 246-020 Harranty of Services (APR 1984).
52. 246-023 Limitation of Liability (APR 1984),
52. 246-024 Limitation of
Liability—High-Value Items (APR
1984).
TN-3
BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS
PAGE 14
-------
EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
NBC NBG NEC
UCF PP PP FP
TYPE SBC SUP SVC R&D PROVISIONS/CLAUSES
• I HA 52. 246-024 Limitation of
Liability—aigh-Value Items (APR
1984). ALTERNATE I (APR 1984).
• I REQ 52. 246-025 Limitation of Liability— Services
(APR 1984).
[*•] I HA HA 52. 247-001 Commercial Bill of Lading
Notations (APR 1984).
• I HA 52. 247-029 P.o.b. Origin (APR 1984).
* I HA — — 52. 247-030 P.o.b. Origin, Contractor's
Facility (APR 1984).
• I HA 52. 247-031 P.o.b. Origin, Freight Allowed
(APR 1984).
• I HA 52. 247-032 P.o.b. Origin, Freight Prepaid
(APR 1984).
* I HA 52. 247-034 P.o.b. Destination (APR 1984).
* I HA 52. 247-035 P.o.b. Destination, within
Consignee's Premises (APR 1984).
• I HA 52. 247-048 P.o.b. Destination—Evidence of
Shipment (APR 1984).
• I HA — — 52. 247-054 Diversion of Shipment Under P.o.b.
Destination Contracts (APR 1984).
• I HA — — 52. 247-055 P.o.b. Point for Delivery of
Government-Furnished Property (APR
1984).
• I HA 52. 247-058 Loading, Blocking, and Bracing of
Freight Car Shipments (APR 1984).
* I HA 52. 247-063 Preference for U.S.-Flag Air
Carriers (APR 1984).
* I HA 52. 247-064 Preference for Privately Owned
U.S.-Flag Commercial Vessels (APR
1984).
* I HA HA HA 52. 249-001 Termination for Convenience of the
Government (Fixed-Price) (Short
Form) (APR 1984).
• I HA HA HA 52. 249-002 Termination for Convenience of the
Government (Fixed-Price) (APR
1984).
* I HA HA HA 52. 249-002 Termination for Convenience of the
Government (Fixed-Price) (APR
1984). ALTERNATE II (APR 1984).
* I — HA —- 52. 249-004 Termination for Convenience of the
Government (Services) (Short Form)
(APR 1984).
• I — —- HA 52. 249-005 Termination for Convenience of the
Government (Educational and other
Nonprofit institutions) (APR 1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 15
-------
SPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
NEC NEC NEC
UCP PP PP PP
TYPE SBC SUP SVC R&D PROVISIONS/CLAUSES
* I REQ REQ 52. 249-008 Default (Fixed-Price Supply and
Service) (APR 1984).
• I HA 52. 249-009 Default (Pixed-Price Research and
Development) (APR 1984).
• I REQ REQ REQ 52. 251-001 Government Supply Sources (APR
1984).
(**] I REQ REQ REQ 52. 252-002 Clauses Incorporated by Reference
(APR 1984).
[•*] I HA MA HA 52. 252-004 Alterations in Contract (APR 1984)
[*•] I MA MA HA 52. 252-006 Authorized Deviations in Clauses
(APR 1984).
Part III, Section J, List of Documents, Exhibits, and Other Attachments
[••] J REQ REQ REQ EP52. 252-100 List of Attachments (APR 1984).
Part IV, section K,
Representations, Certifications, and Other Statements of the Offerer
*• K REQ REQ REQ 52. 203-002 Certificate of Independent Price
Determination (APR 1984).
•* K REQ REQ REQ 52. 203-004 Contingent Pee Representation and
Agreement (APR 1984).
*• K HA MA HA 1552. 203-070 Current/Pormer Agency Employee
Involvement Certification (APR
1984).
•• K HA HA 52. 208-002 Jewel Bearings and Related Items
Certificate (APR 1984).
•* K REQ REQ REQ 1552. 209-072 Organizational Conflict of
interest Certification (APR 1984).
** * REQ REQ REQ 52. 215-006 Type of Business Organization (APR
1984).
** K REQ REQ REQ 52. 215-011 Authorized Negotiators (APR 1984).
•• K HA MA HA 52. 215-019 Period for Acceptance of Offer
(APR 1984).
•• K HA MA HA 52. 215-020 Place of Performance (APR 1984).
** K REQ REQ REQ 1552. 215-076 General financial and
Organizational Information (APR
1984).
•* R RBQ REQ REQ 52. 219-001 Small Business Concern
Representation (APR 1984).
•• K REQ RBQ REQ 52. 219-002 Small Disadvantaged Business
Concern Representation (APR 1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED PIXED-PRICE PROCUREMENTS PAGE 16
-------
EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
NBG NBG NEG
UCP PP PP PP
TYPE SEC SUP SVC R&D PROVISIONS/CLAUSES
'* K REQ REQ REQ 52. 219-003 Women-Owned Small Business
Representation (APR 1984).
•* K HA HA HA 52. 220-001 Preference for Labor Surplus Area
Concerns (APR 1984).
•• K REQ HA HA 52. 222-019 Walsh-Healey Public Contracts Act
Representation (APR 1984).
•• K RBQ RBQ RBQ 52. 222-022 Previous Contracts and Compliance
Reports (APR 1984).
** K RBQ REQ REQ 52. 222-025 Affirmative Action Compliance (APR
1984).
•• K HA HA HA 52. 223-001 Clean Air and Hater Certification
(APR 1984).
*• K HA HA HA 52. 223-004 Recovered Material Certification
(APR 1984).
•* K REQ REQ REQ 1552. 224-070 Social Security Numbers of
Consultants and Certain sole
Proprietors and Privacy Act
Statement (APR 1984).
[••] K HA HA HA 52. 225-001 Buy American Certificate (APR
1984).
[**] K HA — — 52. 225-008 Buy American Act—Trade Agreements
Act—Balance of Payments Program
Certificate (APR 1984).
[*•) K HA HA HA 52. 227-007 Patents—Notice of Government
Licensee (APR 1984).
** K REQ REQ RBQ 52. 230-002 Cost Accounting Standards Notices
and Certification (Nondefense)
(APR 1984).
Part IV ,section L,
Instructions, Conditions, and Notices to Offerers or Quoters
[«•] L _ ux — 52. 207-002 Notice of Cost Comparison
(Negotiated) (APR 1984).
•• L RBQ RBQ RBQ 1552. 209-070 Organizational Conflict of
Interest Notification (APR 1984).
•• L HA — 52. 210-001 Availability of Specifications
Listed in the Index of Federal
Specifications and Standards (APR
1984).
[••] L HA — — 52. 210-003 Availability of Specifications Noc
Listed in the GSA Index of Federal
Specifications and Standards (APR
1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 17
-------
EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
TXPE
[*•]
[**]
**
NEC
UCP FP
SEC SUP
WA
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
NEC
PP
SVC
NEC
PP
R&O
HA
PROVISIONS/CLAUSES
52. 210-004
52. 210-006
MA
HA
HA
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
HA
REQ
REQ
REQ
HA
HA
HA
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
HA
REQ
REQ
REQ
HA
HA
HA
HA
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
REQ
HA
REQ
REQ
REQ
EPS 2.
EPS 2.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
1552.
1552.
212-170
212-180
215-003
215-004
215-005
215-007
215-008
215-009
215-010
215-012
215-013
215-014
215-015
215-016
215-017
215-018
215-072
215-073
Availability for Examination of
Specifications Not Listed in the
Index of Pedecal Specifications
and Standards (APR 1984).
Listing of used or Reconditioned
Material, Residual Inventory and
Former Government Surplus Property
(APR 1984).
Proposed Contract Start Date--
Completion Contracts (AUG 1984).
Proposed Contract start Date —
Level of Effort Contract (AUG
1984).
Solicitation for Information or
Planning Purposes (APR 1984).
Notice of Possible Standardization
(APR 1984).
Solicitation Definitions (APR
1984).
Unnecessarily Elaborate Proposals
or Quotations (APR 1984).
Acknowledgement of Amendments to
Solicitations (APR 1984).
Submission of Offers (APR 1984).
Late Submission, Modifications,
and Withdrawals of Proposals (APR
1984).
Restriction on Disclosure and Use
of Data (APR 1984).
Preparation of Offers (APR 1984).
Explanation to Prospective
Offerers (APR 1984).
Failure to submit Offer (APR 1984).
Contract Award (APR 1984).
Telegraphic Proposals (APR 1984).
order of Precedence (APR 1984).
Past Performance (APR 1984).
Instructions for the Preparation
of Technical and Cost or Pricing
Proposals (APR 1984).
NOTE: The following clauses, EPS 2. 215-980 or EP52. 215-981, may be used instead
of 1552.215-073 until EPAAR is revised.
[•*) L
HA
HA
HA EP52. 215-980
Instructions for the Preparation
of Technical and Cost or Pricing
Proposals (AUG 1984).
TN-3
BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS
PAGE 13
-------
EPA PROVISION AMD CLAUSE MATRIX—NUMERICAL ORDER
TYPE
[*•]
»•
*«
[*•]
[**]
[*«]
[*•]
*
•
•
[**1
*•
•
•
•
•
*
*«
**
•
*
*«
UCP
SEC
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
NEG
PP
SUP
HA
HA
REQ
HA
REQ
—
REQ
HA
HA
HA
HA
HA
HA
REQ
HA
—
REQ
HA
HA
.__
HA
NEG
PP
SVC
HA
HA
REQ
HA
REQ
HA
REQ
HA
HA
HA
HA
HA
HA
REQ
HA
HA
HA
REQ
HA
HA
HA
HA
NEG
PP
R&D
HA
HA
REQ
HA
REQ
HA
REQ
HA
HA
HA
HA
HA
HA
REQ
HA
HA
HA
REQ
HA
HA
___
HA
EP52.
1552.
1552.
EPS2.
EP52.
EP52.
52.
52.
52.
52.
EPS2.
EPS 2.
52.
52.
52.
52.
52.
52.
1552.
52.
52.
1552.
215-981
215-074
215-075
215-100
215-110
215-120
216-001
219-005
219-006
219-007
219-100
219-125
220-002
222-021
222-024
222-045
222-046
227-006
227-070
232-013
237-001
246-070
PROV
Ins
of '
Pro]
Sol
Cos
1 OO
19o<
Add
cen
Off
the
Prei
Tec!
Def
/"•I Si
Cl&i
Typ'
Not
Bit 0
BUS
Set-
Not
Set'
Not
Set
Set-
T n^i
inc<
Subi
Bus
Bus
198'
Not
set-
Cen
ff Atf*
rSC
Pre<
nnm
(.on)
Not
n« /&,
rto:
Eva
Pro:
Roy
Not
Dat(
Sof
Not
1 Afl
ISO
Sit
Qua
PROVISIONS/CLAUSES
Instructions for the Preparation
of Technical and Pricing
Proposals—Fixed-Price
Solicitation (AUG 1984).
Cost Proposal Instructions (APR
1984).
Additional Representations,
Certifications, and Statements of
Offerers Whose Proposals Are In
the Competitive Range (APR 1984).
Preproposal Conference (APR 1984).
Technical Questions (APR 1984).
Definition of Labor
Classifications (APR 1984).
Type of Contract (APR 1984).
Notice of Total Small
Business-Labor Surplus Area
Set-Aside (APR 1984).
Notice of Total Small Business
Set-Aside (APR 1984).
Notice of Partial Small Business
Set-Aside (APR 1984).
Set-Aside/Size Standard
information (AUG 1984).
Submission of Offerer's small
Business and Small Disadvantaged
Business Subcontracting Plan (SEP
1984).
Notice of Total Labor Surplus Area
Set-Aside (APR 1984).
Certification of Nonsegregated
Facilities (APR 1984).
Preaward On-Site Equal Opportunity
Compliance Review (APR 1984).
Notice of Compensation for
Professional employees (APR 1984).
Evaluation of Compensation for
Professional Employees (APR 1984).
Royalty of Information (APR 1984).
Notification of Limited-Rights
Data and Restricted Computer
Software (APR 1984).
Notice of Progress Payments (APR
1984).
Site Visit (APR 1984).
Quality Assurance (QA) Program
Plan (APR 1984).
TN-3
BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS
PAGE 19
-------
EPA PROVISION AND CLAUSE MATRIX—NUMERICAL ORDER
NEC NEC NEC
UC? PP pp pp
TYPE SEC SUP SVC R&D PROVISIONS/CLAUSES
•• L
• L
• L
[••1 L
[••] L
[•*] L
[••] M
•* M
•• M
*• M
WA HA
WA
WA
REQ REQ
HA HA
HA HA
Part IV,
HA —
REQ REQ
HA HA
HA HA
HA
...
REQ
HA
HA
1552.
52.
52.
52.
52.
52.
Section M,
HA
RBQ
HA
HA
52.
1552.
1552.
1552.
246-071
247-045
247-046
252-001
252-003
252-005
Quality Assurance (QA) Project
Plan (APR 1984).
P.o.b. Origin and/or P.o.b.
Destination Evaluation (APR 1984).
Shipping Point(s) Used in
Evaluation of P.o.b. origin Offers
(APR 1984).
Solicitation Provisions
Incorporated by Reference (APR
1984).
Alterations in Solicitation (APR
1984).
Authorized Deviations in
Provisions (APR 1984).
Evaluation Factors for Award
209-001
215-070
215-071
215-071
Qualified Products—End Items (APR
1984).
EPA source Evaluation and
Selection Procedures— Negotiated
Procurement (APR 1984).
Evaluation Factors for Award (APR
1984).
Evaluation Factors for Award (APR
1984) ALTERNATE I (APR 1984).
NOTE: The following clauses, BP52.215-977, EP52.215-978, or BP52.215-979, may
be used instead of 1552.215-071 or its ALTERNATE I until EPAAR is revised.
[*•] M HA HA HA EP52. 215-977 Evaluation Factors for Award-
Technical Quality More Important
Than Cost or Price (AUG 1984).
[**] M HA HA HA EPS2. 215-978 Evaluation Factors for Award-
Cost or Price More Important Than
Technical Quality Provided An
Offerer's Technical Proposal Meets
the Minimum Needs of the
Government (AUG 1984).
•* M HA HA HA BP52. 215-979 Evaluation Factors for Award—
Fixed-Price Contracts for
Commercial Supplies or Services
(AUG 1984).
•• M HA HA HA 52. 217-003 Evaluation Exclusive of Options
(APR 1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 20
-------
EPA PROVISION AND CLAOSB MATRIX—NUMERICAL ORDER
NEC MEG NBC
OCP PP PP PP
TYPE SEC SOP SVC R&D PROVXSIONS/CLAOSBS
•* M HA WA WA 52. 217-004 Evaluation of options Exercised at
Time of Contract Award (APR 19B4).
•* M WA WA HA 52. 217-005 Evaluation of Options (APR 1984).
•• N WA WA — 52. 217-005 Evaluation of Options (APR 1984).
ALTERNATE X (APR 1984).
•* N WA WA WA 1552. 217-070 Evaluation of Contract Options
(APR 1984).
•• M WA — 52. 247-047 Evaluation—P.O.b. Origin (APR
1984).
(••] N WA — 52. 247-049 Destination Unknown (APR 1984).
*• M WA — — 52. 247-050 No Evaluation of Transportation
Costs (APR 1984).
*• M WA — 52. 247-053 Freight Classification Description
(APR 1984).
TN-3 BUILDER CHECKLIST 2—NEGOTIATED FIXED-PRICE PROCUREMENTS PAGE 21
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
BUILDER CHECKLIST FOR COST-REIMBURSEMENT PROCUREMENTS
ABBREVIATIONS
TYPE -—————. .-.-..--.— incocpocated by reference or full text.
• — By Reference
•• — Pull Text
[••] ........._—..——_—. A provision or clause to be incorporated
in 'POLL TEXT* that contains BLANKS that
must be filled before issuance of a
solicitation document or contract. (DOBS
NOT INCLUDE "REPS*, •CERTS* OR OTHER
STATEMENTS THAT RESPONDING OPPERORS ARE
TO PILL IN.)
UCP SBC —————————~ Uniform Contract Pormat section.
REQ ——————————-- Required.
HA ——————————— TO be used when applicable.
CR SUP ———————— Cost-Reimbursement Supplies.
CR SVC —-—— ———— Cost-Reimbursement Services.
CR R&D ————————— cost-Reimbursement Research & Development.
Part
Part
Part
Part
Part
Part
Part
Part
CONTENTS
Section A, Solicitation/Contract Form and Contents
Section B, Supplies/services and Prices/Costs
Section C, Description/Specificationa/work statement
Section D, Packing and Marking
Section B, Inspection and Acceptance
Section P, Deliveries or Performance
Section G, Contract Administration Data
Section H, Special Contract Requirements
Part II, section I, Contract Clauses
Part III, Section J, List of Documents, Exhibits, and other
Attachments
Part IV, Section K, Representations, Certifications, and other
Statements of the Offerer
Part IV ,Section L, Instructions, Conditions, and Notices to
Offerers or Quoters
Part IV, section M, Evaluation Factors for Award
Note: See Acquisition Handbook, Unit 1, Volume I Title
Page for a description of this BUILDER CHECKLIST.
TN-3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 1
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCF CR CR CR
TYPE SEC SOP SVC R&D PROVISIONS/CLAUSES
Pact I, Section A, Solicitation/Contract Porm and Contents
NOTE: See PAR Part 53 for the solicitation oc contract Cocm to use.
[**] A HA HA HA EPS2. 253-100 Solicitation and Contract Contents
(APR 1984).
[••] A HA HA HA BP52. 253-110 Contract Contents (APR 1984).
Part I, Section B, Supplies/Services and Prices/Costs
[*•] B HA HA 1552. 212-070 Level of Effort Cost-Reimbursement
Tern Contract (APR 1984).
NOTE: The following clause, EP52.212-970, may be used instead of 1552.212-070
until EPAAR is revised.
** B HA HA EP52. 212-970 Level of Effort—
Cost-Reimbursement Term Contract
(AUG 1984).
[**] B HA HA 1552. 212-071 Work Assignments (APR 1984).
NOTE: The following clause, EP52.212-971, may be used instead of 1552.212-071
until EPAAR is revised.
•* B — HA HA EP52. 212-971 Hork Assignments (AUG 1984).
(*•] B HA HA HA BP52. 212-100 Incorporation of Notice of Award
(APR 1984).
(••] B HA HA EP52. 212-110 Incorporation of Notice to Proceed
(APR 1984).
[•*] B HA HA HA EP52. 212-130 Letter Contract (APR 1984).
** B HA HA HA 1552. 216-070 Award Pee (APR 1984).
** B HA HA HA 1552. 216-071 Date of Incurrence of Cost (APR
1984).
[•*] B HA HA HA BP52. 216-180 Estimated Cost (APR 1984).
I**] B HA HA HA BP52. 216-190 Estimated Cost and Fixed Fee (APR
1984).
[•*] B HA HA HA EPS2. 216-200 Estimated Cost, Base Pee and Award
Pee (APR 1984).
[••] B HA HA HA 52. 219-011 Special 8(a) Contract Conditions
(APR 1984).
[•*] B HA HA HA 52. 219-012 Special 8(a) Subcontract
Conditions (APR 1984).
[*•] B HA HA HA EPS2. 231-110 Other Direct Costs (APR 1984).
[••J B HA HA HA EP52. 232-100 Limitation of Funds (APR 1984).
TN_3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 2
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP CR CR CR
TYPE SEC SUP SVC R&D PROVISIONS/CLAUSES
[••IB HA HA HA EPS2. 232-110 Limitation of Funds—Coat-Plus-
Award-Pee Contract (APR 1984).
Part I, Section C, Description/Specifications/Hork Statement
** C REQ REQ REQ EPS2. 210-100 Statement of Work/Specifications
(AUG 1984).
•• C HA HA HA EPS2. 210-110 Statement of Work—Contract Where
Work is Ordered by Work
Assignments or Delivery orders
(APR 1984).
[*•] C HA HA HA EP52. 210-120 Incorporation of Contractor's
Technical Proposal (APR 1984).
[••] C HA HA HA EP52. 210-130 Incorporation of Contractor's
Quality Assurance (QA) Project
Plan (APR 1984).
Part I, Section D, Packing and Narking
l**J D HA HA HA EPS2. 247-100 Shipment and Narking (APR 1984).
[••] D HA HA HA EPS2. 247-110 P.o.b. Point (APR 1984).
Part I, Section E, Inspection and Acceptance
(••] B HA HA HA EPS2. 246-100 Inspection and Acceptance (APR
1984).
Part I, Section F, Deliveries or Performance
•• P HA HA HA 1552. 210-070 Reports of Work (APR 1984).
•* P HA HA HA 1552. 210-070 Reports Of Work (APR 1984)
ALTERNATE I (APR 1984).
NOTE: The following clause, EP52.210-970, may be used instead of 1552.210-070
ALTERNATE I until EPAAR is revised.
[*•] P HA HA HA EP52. 210-970 Reports of Work (AUG 1984)
ALTERNATE I (AUG).
TN-3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 3
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
• •
• •
• •
*•
• *
NOTE:
UCP
SEC
F
P
P
P
P
The
instead of
[••]
!••!
• *
[«•]
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WA
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WA
CR
SVC
WA
WA
WA
WA
WA
CR
R&O
WA
WA
WA
WA
WA
following clause,
1S52.
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
210-076
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
WA
until
WA
WA
—
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WA
WA
WA
WA
WA
WA
1552.
1552.
1552.
1552.
1552.
210-071
210-072
210-074
210-075
210-076
PROVISIONS/CLAUSES
Monthly Progress Report — Short
Form (APR 1984).
Monthly Progress Report — Cost-Type
Contract (APR 1984).
Working Piles (APR 1984).
Legal Analysis (APR 1984).
Pinal Reports (APR 1984).
EP52. 210-976 and its ALTERNATE I, may be used
EPAAR
EP52.
EPS 2.
1552.
52.
52.
52.
52.
52.
52.
52.
52.
EP52.
BP52.
EPS 2.
EPS 2.
EPS 2.
1552.
is revised.
210-976
210-976
210-077
212-001
212-001
212-001
212-001
212-002
212-002
212-002
212-002
212-140
212-140
212-150
212-150
212-160
246-072
Pinal Report (AUG 1984).
Draft Pinal Report (AOG 1984)
ALTERNATE I (AUG 1984).
Management Consulting Services
(APR 1984).
Time of Delivery (APR 1984).
Time of Delivery (APR 1984).
ALTERNATE I (APR 1984).
Time of Delivery (APR 1984).
ALTERNATE II (APR 1984).
Time of Delivery (APR 1984).
ALTERNATE III (APR 1984).
Desired and Required Time of
Delivery (APR 1984).
Desired and Required Time of
Delivery (APR 1984). ALTERNATE I
(APR 1984).
Desired and Required Time of
Delivery (APR 1984). ALTERNATE II
(APR 1984).
Desired and Required Time of
Delivery (APR 1984). ALTERNATE
III (APR 1984)
Period of Performance (AUG 1984).
Period of Performance (AUG 1984)
ALTERNATE I (AUG 1984).
Period of Performance — Starting
With Effective Date of Contract
(AUG 1984).
Period of Performance — Starting
With Effective Date of Contract
(AUG 1984) ALTERNATE I (AUG 1984).
Delivery Schedule (APR 1984).
Quality Assurance (QA) Project
Plan Documentation (APR 1984).
TN-3
BUILDER CBECRLIST 3— COST-REIMBURSEMENT PROCUREMENTS PAGE 4
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
(1C? CR CR CR
TYPE SEC SUP SVC R&D PROVISIONS/CLAUSES
HA 52. 247-033 P.o.b. Origin, with Differentials
(APR 1984).
Part I, Section G, Contract Administration Data
• *
[•*]
••
**
**
**
• *
•*
NOTE:
G
G
G
G
G
G
G
G
The
instead of
[••]
(**]
[•*!
**
[** 1
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HA
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REQ
HA
REQ
REQ
HA
HA
HA
...
REQ
HA
REQ
REQ
HA
HA
HA
HA
REQ
HA
RBQ
REQ
following clause,
1552.
REQ
HA
REQ
RBQ
HA
...
HA
HA
HA
HA
242-070
REQ
HA
REQ
RBQ
HA
HA
HA
HA
HA
HA
until
RBQ
HA
RBQ
RBQ
HA
HA
HA
HA
HA
HA
EP52.
EP52.
EPS 2.
EPS 2.
1552.
EPS 2.
EPS 2.
1552.
204-100
219-105
219-120
227-120
232-070
232-210
232-220
242-070
EP52. 242-970 or
EPAAR
EPS 2.
BPS2.
EPS2.
52.
BP52.
1552.
1552.
EPS 2.
EP52.
EPS 2.
Memorandum of Understanding (HAS)
(APR 1984).
Subcontracting Program for small
Business and Small Disadvantaged
Business (APR 1984).
Subcontracting Reports — Small
Business and Small Disadvantaged
Business Concerns (APR 1984).
Designation of Patent Counsel (APR
1984).
Application of Prompt Payment
Act— Contracts with Advance,
Progress, or Provisional Payments
(APR 1984).
Interest on overdue Payments (AUG
1984).
Method of Payment (AOG 1984).
Indirect Costs (APR 1984).
its ALTERNATE I, may be used
is revised.
242-970
242-970
242-100
243-007
244-100
245-070
245-071
m
2*45-100
245-110
245-120
Indirect Costs (AOG 1984).
Indirect Costs (AUG 1984)
ALTERNATE I (AUG 1984).
Contract Administration
Representatives (AUG 1984).
Notification of Changes (APR 1984).
Subcontract Consent (APR 1984).
Decontamination of Government
Property (APR 1984).
Government-Furnished Data (APR
1984).
Contractor-Acquired Government
Property (APR 1984).
Government Property— Residual
Inventory (APR 1984).
Government-Furnished Property (AUG
1984).
TN-3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 5
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP CR CR CR
TYPE SBC SUP SVC R&D PROVISIONS/CLAUSES
[••] G HA MA HA EPS2. 24S-130 Government Property—Facilities
Use (APR 1984).
[•*] G REQ RBQ RBQ EPS2. 245-140 Designation of Property
Administrator (APR 1984).
Part I, section H, Special Contract Requirements
*• H HA RBQ HA 1552. 208-070 Printing (APR 1984).
•• H REQ RBQ REQ 1552. 209-071 Organizational Conflicts of
interest (APR 1984).
•* H RBQ HA — 1552. 213-070 Notice to Suppliers of Equipment
(APR 1984).
*• a HA HA 1552. 217-071 Option To Extend the Term of the
Contract—Cost-Type Contract (APR
1984).
NOTE: The following clause, BP52.217-971, may be used instead of 1552.217-071
until EPAAR is revised.
(**] H — HA HA EP52. 217-971 Option To Extend the Term of the
Contract—Cost-Type Contract (AUG
1984).
[••] H HA HA 1552. 217-072 Option To Extend the Term of the
Contract—Cost-Plus-Award-Fee
Contract (APR 1984).
NOTE: The following clause, EPS2.217-972, may be used instead of 1552.217-072
until EPAAR is revised.
[••] H — HA HA EP52. 217-972 Option To Extend the Term of the
Contract—-Cost-Plus-Award-Pee
Contract (AUG 1984).
•* H HA HA 1552. 217-073 Option for Increased Quantity—
Cost-Type Contract (APR 1984).
NOTE: The following clause, EPS2.217-973, may be used instead of 1552.217-073
until BPAAR is revised.
[**] H —VIA HA EP52. 217-073 Option for Increased Quantity—
cost-Type contract (AUG 1984).
[•*] H — HA HA 1552. 217-074 Option for Increased Quantity—
Cost-Plus-Award-Pee Contract (APR
1984).
TN-3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 6
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP CR CR CR
TYPE SEC SUP SVC R&D PROVISIONS/CLAUSES
NOTE: The following clause, EP52.217-974, may be used instead of 1552.217-074
until EPAAR is revised.
[••] H HA HA EPS2. 217-074 Option for Increased Quantity--
Cost-Plus-Award-Pee Contract (AUG
1984).
[••] H —- HA HA BP52.217-977 Option for Increased Hork or
Term—Cost-Type Completion
Contract (SEP 1984).
(•*] H — HA HA EPS2. 217-978 Option for Increased Quantity—
Cost-Type Completion Contract (AUG
1984).
[**j H HA EP52. 217-979 Option To Renew the Contract-
Services Contract (AUG 1984).
** H HA HA 1552. 223-070 Protection of Human Subjects (APR
1984).
•* H — HA HA EP52. 223-100 Care of Laboratory Animals (AUG
1984).
* B HA HA HA 1552. 227-071 Rights in Data—General (APR 1984).
• a HA HA HA 1552. 227-071 Rights in Data—General (APR
1984). ALTERNATE I (APR 1984).
(APR 1984).
* H HA HA HA 1552. 227-072 Rights in Data—Special Works (APR
1984).
* B HA 1552. 227-073 Rights in Data—Existing Horks
(APR 1984).
• B HA HA HA 1552. 227-074 Additional Data Requirements (APR
1984).
• H ... ... HA 1552. 227-075 Rights in Data Developed under
Small Business Innovative Research
(SBIR) Contracts (APR 1984).
[•*] a HA HA 52. 228-010 Vehicular and General Public
Liability Insurance (APR 1984).
•* B HA — 1552. 228-070 Insurance—Liability to Third
Persons—Commercial organizations
(APR 1984).
** B HA 1552. 228-071 Insurance—Liability to Third
Persons—State or Local
Governments (APR 1984).
• • B HA 1552. 228-072 Insurance—Liability to Third
Persons—Commercial organizations
(Emergency) (APR 1984).
•* a HA 1552. 228-073 Insurance—Liability to Third
Persons—State or Local
Governments (Emergency) (APR 1984).
TN-3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 7
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
'YPE
..
••
*•
••
••
••
*•
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•
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1552.
1552.
1552.
1552.
1552.
1552.
1552.
1552.
1552.
1552.
EPS 2.
235-070
235-071
235-072
237-070
237-071
237-072
237-073
237-074
237-075
245-072
252-110
PROVISIONS/CLAUSES
Screening Business Information for
Claims of Confidentiality (APR
1984).
Treatment of Confidential Business
Information (APR 1984).
Data Security - FIFRA and/or TSCA
Confidential Business Information
(APR 1984).
Contract Publication Review
Procedures (APR 1984).
Technical Direction (APR 1984).
Key Personnel (APR 1984).
Consultant Services and Consent
(APR 1984).
Publicity (APR 1984).
Paperwork Reduction Act (APR 1984)
Fabrication or Acquisition of
Nonexpendable Property (APR 1984).
Special Contract Requirements
Incorporated By Reference (AUG
1984).
Section I, Contract clauses
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
252-002
202-001
203-001
203-003
203-005
204-001
204-002
204-002
207-003
208-001
209-002
209-003
Clauses incorporated by Reference
(APR 1984).
Definitions (APR 1984).
Officials Not to Benefit (APR
1984) .
Gratuities (APR 1984).
Covenant Against Contingent Fees
(APR 1984).
Approval of Contract (APR 1984).
Security Requirements (APR 1984).
Security Requirements (APR 1984).
ALTERNATE I (APR 1984).
Right of First Refusal of
Employment (APR 1984).
Required Sources for Jewel
Bearings and Related I terns '(APR
1984).
Qualified Products— Components of
End Items (APR 1984).
First Article Approval— Contractor
Testing (APR 1984).
TN.3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 8
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
[**J
(•*]
l**l
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52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
209-003
209-003
209-004
209-004
209-004
210-005
210-007
212-009
212-013
215-001
215-002
215-021
215-021
215-022
215-023
215-024
215-025
215-030
215-031
216-007
216-008
PROVISIONS/CLAUSES
52. 209-003 First Article Approval—Contractor
Testing (APR 1984). ALTERNATE I
(APR 1984).
First Article Approval—Contractor
Testing (APR 1984). ALTERNATE II
(APR 1984).
First Article Approval—Government
Testing (APR 1984).
Pirst Article Approval—Government
Testing (APR 1984). ALTERNATE I
(APR 1984).
Pirst Article Approval—Government
Testing (APR 1984). ALTERNATE II
(APR 1984).
New Material (APR 1984).
Used or Reconditioned Material,
Residual Inventory, and Former
Government Surplus Property (APR
1984).
212-009 Variation in Quantity (APR 1984).
Stop-Hork order (APR 1984).
ALTERNATE I (APR 1984).
Examination of Records by
Comptroller General (APR 1984).
215-002 Audit—Negotiation (APR 1984).
Changes or Additions to
Make-or-Buy Program (APR 1984).
Changes or Additions to
Make-or-Buy Program (APR 1984).
ALTERNATE II (APR 1984).
Price Reduction for Defective Cost
or Pricing Data (APR 1984).
Price Reduction for Defective Cost
or Pricing Data—Modifications
(APR 1984).
Subcontractor Cost or Pricing Data
(APR 1984).
Subcontractor Cost or Pricing
Data—Modifications (APR 1984).
Facilities Capital Cost of Money
(APR 1984).
215-031 Haiver of Facilities Capital Cost
of Money (APR 1984).
Allowable Cost and Payment (APR
1984).
TN-3
BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS
PAGE 9
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
I"!
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52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
216-010
216-011
216-011
216-012
216-012
216-015
216-023
216-024
216-025
216-026
217-008
217-009
219-008
219-009
219-010
219-013
220-003
220-004
222-001
222-002
222-003
222-020
222-026
222-026
PROVISIONS/CLAUSES
216-010 Incentive Pee (APR 1984).
52. 216-011 Cost Contract—No Pee (APR 1984).
216-011 Cost Contract—No Pee (APR 1984).
ALTERNATE I (APR 1984).
216-012 Cost-Sharing Contract—No Pee (APR
1984).
216-012 Cost-Sharing Contract—No Pee (APR
1984). ALTERNATE I (APR 1984).
Predetermined Indirect Coat Rates
(APR 1984).
Execution and Commencement of Work
(APR 1984).
Limitation of Government Liability
(APR 1984).
216-025 Contract Definitization (APR 1984).
Payments of Allowable Costs Before
Definitization (APR 1984).
Option to Extend Services (APR
1984).
217-009 Option to Extend the Term of the
contract—Services (APR 1984).
Utilization of Small Business
Concerns and Small Disadvantaged
Business Concerns (APR 1984).
Small Business and Small
Disadvantaged Business
Subcontracting Plan (APR 1984).
Incentive Subcontracting Program
for Small and Small Disadvantaged
Business Concerns (APR 1984).
219-013 Utilization of Women-Owned Small
Businesses (APR 1984).
Utilization of Labor surplus Area
Concerns (APR 1984).
Labor surplus Area subcontracting
Program (APR 1984).
222-001 Notice to the Government of Labor
Disputes (APR 1984).
Payment for Overtime Premiums (APR
1984).
222-003 Convict Labor (APR 1984).
Walsh-Healey Public Contracts Act
(APR 1984).
Equal Opportunity (APR 1984).
52. 222-026 Equal Opportunity (APR 1984).
ALTERNATE I (APR 1984).
TN-3
BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS
PAGE 10
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP CR CR CR
TYPE SEC SOP SVC RSD PROVISIONS/CLAUSES
I HA HA HA 52. 222-028 Equal Opportunity Preaward
Clearance of Subcontracts (APR
1984).
* I REQ REQ REQ 52. 222-035 Affirmative Action for Special
Disabled and Vietnam Era Veterans
(APR 1984).
[**] I HA HA HA 52. 222-035 Affirmative Action for Special
Disabled and Vietnam Era Veterans
(APR 1984). ALTERNATE I (APR
1984).
• I REQ REQ REQ 52. 222-036 Affirmative Action for Handicapped
workers (APR 1984).
[••I I HA HA HA 52. 222-036 Affirmative Action for Handicapped
Workers (APR 1984). ALTERNATE I
(APR 1984).
** I HA HA HA EP52. 222-100 Contract Work Hours and Safety
Standards Act—Overtime
Compensation (40 O.S.C. 327-333)
(APR 1984).
•• I HA HA HA EP52. 222-110 Contract Work Hours and Safety
Standards Act—Overtime
Compensation—Firefighters and
Fireguards (APR 1984).
*• I HA HA HA BPS2. 222-120 Payrolls and Basic Records (APR
1984).
[**] I — HA HA EPS2. 222-240 Service Contract Act of 1965 (APR
1984).
• I HA HA HA 52. 223-002 Clean Air and Hater (APR 1984).
• I HA HA HA 52. 223-003 Hazardous Material Identification
and Material safety Data (APR
1984).
* I HA HA HA 52. 224-001 Privacy Act Notification (APR
1984).
• I HA HA HA 52. 224-002 Privacy Act (APR 1984).
• I HA HA HA 52. 225-003 Buy American Act—Supplies (APR
1984).
• I HA — — 52. 225-009 Buy American Act—Trade Agreements
Act—Balance of Payments Program
(APR 1984) (Revised by Federal
Acquisition Circular 84-1) (APR
1984).
• I HA 52. 225-010 Duty-Free Entry (APR 1984).
• I REQ REQ 52. 227-001 Authorization and Consent (APR
1984).
• i — ... REQ 52. 227-001 Authorization and Consent (APR
1984). ALTERNATE I (APR 1984).
TN-3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 11
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP CR CR CR
TYPE SEC SUP SVC R&D PROVISIONS/CLAUSES
* I REQ REQ REQ 52. 227-002 Notice and Assistance Regarding
Patent and Copyright Infringement
(APR 1984).
* I HA HA HA 52. 227-008 Reporting of Royalties (Foreign)
(APR 1984).
* I HA HA HA 52. 227-010 Filing of Patent Applications-
Classified subject Matter (APR
1984).
NOTE: A Patent Rights clause is required for each EPA Research and Development
(R&D) solicitation and contract. It is EPA policy to use the Patent
Rights—Retention by the Contractor (Short Form) clause, FAR 52.227-11, in most
cases. The clause's Alternate I and the Patent Rights—Retention by the
Government clause, FAR 52.227-13, and its Alternate I can be used when
circumstances warrant. The following notations adjacent to these Patent Rights
Clauses reflect the EPA policy. USB ONLY ONE PATENT RIGHTS CLAUSE IN A GIVEN
SOLICITATION OR CONTRACT.
• i REQ 52. 227-011 Patent Rights—Retention by the
Contractor (Short Form) (APR 1984).
[**] x HA 52. 227-011 Patent Rights—Retention by the
Contractor (Short Form) (APR
1984). ALTERNATE I (APR 1984).
• I HA 52. 227-013 Patent Rights—Acquisition by the
Government (APR 1984).
[••] i HA 52. 227-013 Patent Rights—Acquisition by the
Government (APR 1984). ALTERNATE
I (APR 1984).
* I HA HA 52. 228-002 Additional Bond Security (APR
1984).
* I —- — REQ 52. 228-006 Insurance—Immunity from Tort
Liability (APR 1984).
• I REQ REQ REQ 52. 228-007 Insurance—Liability to Third
Persons (APR 1984).
* I HA HA HA 52. 228-007 Insurance—Liability to Third
Persons (APR 1984). ALTERNATE I
(APR 1984).
* I HA HA HA 52. 228-007 Insurance—Liability to Third
persons (APR 1984). ALTERNATE n
(APR 1984).
* I HA HA HA 52. 230-003 Cost Accounting Standards (APR
1984).
• I HA HA HA 52. 230-004 Administration of Cost Accounting
Standards (APR 1984).
• I HA HA HA 52. 230-005 Disclosure and Consistency of Cost
Accounting Practices (APR 1984).
TN-3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 12
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
•
[••1
• •
[••]
[**]
*•
*
•
UC?
SEC
I
I
I
I
I
I
I
I
I
CR
SOP
REQ
HA
HA
HA
HA
HA
REQ
HA
HA
HA
REQ
HA
HA
HA
CR
SVC
REQ
HA
HA
HA
HA
HA
REQ
HA
HA
HA
REQ
HA
HA
HA
CR
R&D
REQ
HA
HA
HA
HA
HA
REQ
.-_
HA
HA
REQ
HA
HA
HA
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
1552.
232-009
232-012
232-012
232-012
232-012
232-012
232-017
232-018
232-020
232-022
232-023
232-023
232-024
232-072
PROVISIONS/CLAUSES
Limitation on Hithholding of
Payments (APR 1984).
Advance Payments (APR 1984).
Advance Payments (APR 1984).
ALTERNATE I (APR 1984).
Advance Payments (APR 1984).
ALTERNATE II (APR 1984).
Advance Payments (APR 1984).
ALTERNATE III (APR 1984).
Advance Payments (APR 1984).
ALTERNATE IV (APR 1984).
Interest (APR 1984).
Availability of Funds (APR 1984).
Limitation of Cost (APR 1984).
Limitation of Funds (APR 1984).
Assignment of Claims (APR 1984).
Assignment of Claims (APR 1984).
ALTERNATE I (APR 1984).
Prohibition of Assignment of
Claims (APR 1984).
Application of the Prompt Payment
Act—Contract with P.o.b. origin
Deliverables (APR 1984).
NOTE: A Disputes clause is required for each EPA solicitation and contract.
It is EPA policy to use the PAR clause alternate in most cases. The basic FAR
clause can be used when circumstances warrant. The following notations
adjacent to these Disputes clauses reflect the EPA policy. USE ONLY ONE
DISPUTES CLAUSE IN A GIVEN SOLICITATION OR CONTRACT.
[**]
___ Uft __ _
•"» VfA •••
— HA —
HA HA HA 52. 233-001 Disputes (APR 1984).
REQ REQ REQ 52. 233-001 Disputes (APR 1984). ALTERNATE I
(APR 1984).
— HA HA 52. 237-002 Protection of Government
Buildings, Equipment, and
Vegetation (APR 1984).
52. 237-003 Continuity of Services (APR 1984).
52. 237-004 Payment by Government to
Contractor (APR 1984).
Payment by Government to
Contractor (APR 1984). ALTERNATE
I (APR 1984).
52. 242-001 Notice of Intent to Disallow Costs
(APR 1984).
52. 242-002 Production Progress Reports (APR
1984).
52. 237-004
REQ REQ REQ
HA
TN-3
BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS
PAGE 13
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP CR CR CR
TYPE SEC SOP SVC R&D PROVISIONS/CLAUSES
• I HA HA HA 52. 242-010 p.o.b. Origin—Government Bills of
Lading or Prepaid Postage (APR
1984).
• I HA HA HA 52. 242-011 p.o.b. Origin—Government Bills of
Lading or Indicia Mail (APR 1984).
* I REQ — 52. 243-002 Changes—Cost-Reimbursement (APR
1984).
• I — REQ — 52. 243-002 Changes—Cost-Reimbursement (APR
1984). ALTERNATE I (APR 1934).
• I — HA — 52. 243-002 Changes-Cost-Reimbursement (APR
1984). ALTERNATE II (APR 1984).
• i — — HA 52. 243-002 Changes—Cost-Reimbursement (APR
1984). ALTERNATE V (APR 1984).
* I HA HA HA 52. 243-006 Change Order Accounting (APR 1984).
* I REQ REQ REQ 52. 244-002 Subcontracts Under
Cost-Reimbursement and Letter
Contracts (APR 1984).
* I REQ REQ REQ 52. 244-005 Competition in Subcontracting (APR
1984).
• I HA HA HA 52. 245-001 Property Records (APR 1984).
* I HA HA HA 52. 245-005 Government Property
(Cost-Reimbursement, Time and
Materials, or Labor Hour
Contracts) (APR 1984).
• i ... ... HA 52. 245-005 Government Property
(Cost-Reimbursement, Time and
Materials, or Labor Hour
Contracts) (APR 1984). ALTERNATE
I (APR 1984).
* I HA HA 52. 245-018 Special Test Equipment (APR 1984).
* I HA HA HA 52. 245-019 Government Property Furnished 'AS
is* (APR 1984).
• I REQ HA — 52. 246-003 Inspection of Supplies—Cost
Reimbursement (APR 1984).
• I HA REQ. — 52. 246-00i Inspection of Services—Cost-
Reimbursement (APR 1984).
• I — — HA 52. 246-008 Inspection of Research and
Development—Cost-Re imbur sement
(APR 1984).
• I — HA 52. 246-008 inspection of Research and
Development—Cost-Reimbursement
(APR 1984). ALTERNATE I (APR
1984).
* i ... ... HA 52. 246-009 Inspection of Research and
Development (Short Form) (APR
1984).
TN.3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 14
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UC? CR CR CR
TYPE SEC SUP SVC R6D PROVISIONS/CLAUSES
** l MA MA 52. 246-015 Certificate of Confocmance (APR
1984).
• I MA 52. 246-023 Limitation of Liability (APR 1984).
* I MA — 52. 246-024 Limitation of Liability-
High-Value Items (APR 1984).
• I MA — 52. 246-024 Limitation of Liability—
High-Value Items (APR 1984).
ALTERNATE I (APR 1984).
• I REQ 52. 246-025 Limitation of Liability—Services
(APR 1984).
[**] I MA MA 52. 247-001 commercial Bill of Lading
Notations (APR 1984).
• I MA 52. 247-029 F.o.b. Origin (APR 1984).
• I MA — 52. 247-030 P.o.b. Origin, Contractor's
Facility (APR 1984).
• I MA 52. 247-031 P.o.b. Origin, Freight Allowed
(APR 1984).
• I MA — 52. 247-032 P.o.b. Origin, Freight Prepaid
(APR 1984).
* I MA 52. 247-034 P.o.b. Destination (APR 1984).
* I MA — 52. 247-035 P.o.b. Destination, within
Consignee's Premises (APR 1984).
* I MA —- — 52. 247-048 P.o.b. Destination—evidence of
Shipment (APR 1984).
• I MA 52. 247-054 Diversion of Shipment Under F.o.b.
Destination Contracts (APR 1984).
• I MA — — 52. 247-055 F.o.b. Point for Delivery of
Government-Furnished Property (APR
1984).
• I MA — — 52. 247-058 Loading, Blocking, and Bracing of
Freight Car Shipments (APR 1984).
• I MA — — 52. 247-063 Preference for U.S.-Flag Air
Carriers (APR 1984).
• I MA 52. 247-064 Preference for Privately Owned
U.S.-Plag Commercial Vessels (APR
1984).
• I —- — HA 52. 249-005 Termination for Convenience of the
Government (Educational and Other
Nonprofit Institutions) (APR 1984).
* I RBQ REQ HA 52. 24*9-006 Termination (Cost-Reimbursement)
(APR 1984).
* I HA MA HA 52. 249-006 Termination (Cost-Reimbursement)
(APR 1984). ALTERNATE II (APR
1984).
• I REQ REQ REQ 52. 249-014 Excusable Delays (APR 1984).
• I REQ REQ REQ 52. 251-001 Government Supply Sources (APR
1984).
TN-3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE IS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP CR CR CR
TYPE SEC SUP SVC R&D PROVISIONS/CLAUSES
* I MA WA MA 52. 251-002 Interagency Motor Pool Vehicles
and Related Services (APR 1984).
['•II HA HA HA 52. 252-004 Alterations in Contract (APR 1984),
[••I I HA HA HA 52. 252-006 Authorized Deviations in Clauses
(APR 1984).
Part III, section J, List of Documents, Exhibits, and Other Attachments
l**l J REQ REQ REQ EPS2. 252-100 List of Attachments (APR 1984).
Part IV, section K,
Representations, Certifications, and Other statements of the Offerer
•• K REQ REQ REQ 52. 203-004 Contingent Pee Representation and
Agreement (APR 1984).
*• K HA HA HA 1552. 203-070 Current/Former Agency Employee
Involvement Certification (APR
1984).
*• K HA HA — 52. 208-002 Jewel Bearings and Related Items
Certificate (APR 1984).
** K REQ REQ REQ 1552. 209-072 Organizational Conflict of
interest Certification (APR 1984).
** K REQ REQ REQ 52. 215-006 Type of Business organization (APR
1984).
** K REQ REQ REQ 52. 215-011 Authorized Negotiators (APR 1984).
•* K HA HA HA 52. 215-019 Period for Acceptance of offer
(APR 1984).
** K HA HA MA 52. 215-020 Place of Performance (APR 1984).
** K REQ REQ REQ 1552. 215-076 General Financial and
Organizational Information (APR
1984).
•• K RBQ REQ REQ 52. 219-001 Small Business Concern
Representation (APR 1984).
*• K RBQ RBQ RBQ 52. 219-002 Small Disadvantaged Business
Concern Representation (APR 1984).
•• K RBQ REQ RBQ 52. 219-003 Women-Owned Small Business
Representation (APR 1984).
*• K HA HA HA 52. 220-001 Preference for Labor Surplus Area
Concerns (APR 1984).
•* K RBQ HA HA 52. 222-019 Halsh-Bealey Public Contracts Act
Representation (APR 1984).
*• R REQ REQ REQ 52. 222-022 Previous Contracts and Compliance
Reports (APR 1984).
TN-3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 16
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
• •
• •
• *
• *
[••1
[**J
[•*]
*•
(1C?
SBC
R
K
K
K
R
R
R
R
CR
SO?
RBQ
HA
HA
REQ
HA
HA
HA
RBQ
CR
SVC
REQ
HA
HA
RBQ
HA
—
HA
RBQ
Instruct ions.
[••1
[••]
*•
*•
L
L
L
L
REQ
...
RBQ
HA
RBQ
HA
RBQ
...
CR
R6D
REQ
HA
HA
REQ
HA
—
HA
RBQ
52.
52.
52.
1552.
52.
52.
52.
52.
Part
Conditions,
RBQ
HA
RBQ
...
52.
52.
1552.
52.
222-025
223-001
223-004
224-070
225-001
225-008
227-007
230-002
PROVISIONS/CLAUSES
Affirmative Action Compliance (APR
1984).
Clean Air and Hater Certification
(APR 1984).
Recovered Material Certification
(APR 1984).
Social Security Numbers of
Consultants and Certain sole
Proprietors and Privacy Act
Statement (APR 1984).
Buy American Certificate (APR
1984).
Buy American Act— Trade Agreements
Act— Balance of Payments Program
Certificate (APR 1984).
Patents— Notice of Government
Licensee (APR 1984).
Cost Accounting standards Notices
and Certification (Nondefense)
(APR 1984).
XV , section L,
and Notices to Offerers or Quoters
252-001
207-002
209-070
210-001
Solicitation Provisions
incorporated by Reference (APR
1984).
Notice of Cost Comparison
(Negotiated) (APR 1984).
Organizational Conflict of
interest Notification (APR 1984).
Availability of Specifications
Listed in the Indei of Federal
Specifications and Standards (APR
1984).
[•*) L HA — 52. 210-003 Availability of specifications Not
Listed in the GSA Index of Federal
Specifications and Standards (APR
1984).
[**] L HA 52. 210-004 Availability foe Examination of
Specifications Not Listed in the
Index of Federal Specifications
and Standards (APR 1984).
TN-3 BUILDER CHBCRLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 17
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
•
[**]
(••]
1-1
*
•
•
*
•
*
•
•
•
•
*
•
*•
(TCP
SEC
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
CR
SUP
m
WA
...
WA
REQ
REQ
REQ
RBQ
REQ
RBQ
REQ
REQ
RBQ
RBQ
WA
RBQ
RBQ
RBQ
CR
SVC
m
WA
WA
WA
RBQ
RBQ
RBQ
REQ
RBQ
RBQ
RBQ
RBQ
RBQ
RBQ
WA
REQ
RBQ
RBQ
CR
R&D
HA
WA
WA
RBQ
RBQ
REQ
RBQ
RBQ
RBQ
RBQ
RBQ
RBQ
RBQ
WA
RBQ
RBQ
RBQ
52.
EPS 2.
EPS 2.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
1552.
1552.
210-006
212-170
212-180
215-003
215-005
215-007
215-008
215-009
215-010
215-012
215-013
215-014
215-015
215-016
215-017
215-018
215-072
215-073
PROVISIONS/CLAUSES
Listing of Used or Reconditioned
Material, Residual Inventory and
Former Government Surplus Property
(APR 1984).
Proposed Contract start Date--
Completion Contracts (AUG 1984).
Proposed Contract Start Date—
Level of Effort Contract (AUG
1984).
Solicitation for Information or
Planning Purposes (APR 1984).
Solicitation Definitions (APR
1984).
Unnecessarily Elaborate Proposals
or Quotations (APR 1984).
Acknowledgement of Amendments to
Solicitations (APR 1984).
Submission of Offers (APR 1984).
Late Submission, Modifications,
and Withdrawals of Proposals (APR
1984).
Restriction on Disclosure and use
of Data (APR 1984).
Preparation of Offers (APR 1984).
Explanation to Prospective
Offerers (APR 1984).
Failure to submit Offer (APR 1984).
Contract Award (APR 1984).
Telegraphic Proposals (APR 1984).
Order of Precedence (APR 1984).
Past Performance (APR 1984).
Instructions for the Preparation
of Technical and Cost or Pricing
Proposals (APR 1984).
NOTE: The.following clauses, EPS2.215-980 or EPS2.215-981, may be used instead
of 1552.215-073 until EPAAR is revised.
[••] L
•• L
•• L
RBQ RBQ RBQ BP52. 215-980 Instructions for the Preparation
of Technical and Cost or Pricing
Proposals (AUG 1984).
HA HA HA 1552. 215-074 Cost Proposal Instructions (APR
1984).
RBQ RBQ RBQ 1552. 215-075 Additional Representations,
Certifications, and Statements of
Offerers whose Proposals Are In
the Competitive Range (APR 1984).
TN-3
BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 18
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0.5. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
[•*]
[•*]
(*•]
• •
[••]
[**J
•
*
•
[••]
[••]
*
•
•
•
•
• *
• •
•
•*
• *
[••1
[*•)
UCF
SEC
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
CR
SUP
HA
REQ
HA
...
WA
RBQ
HA
HA
HA
HA
HA
HA
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HA
—
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HA
HA
HA
HA
HA
CR
SVC
HA
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HA
HA
HA
REQ
HA
HA
HA
HA
HA
HA
RBQ
HA
HA
HA
RBQ
HA
HA
MA
HA
HA
HA
CR
R&D
HA
REQ
HA
HA
HA
REQ
HA
HA
HA
HA
HA
HA
REQ
HA
HA
HA
RBQ
HA
HA
HA
HA
HA
EPS2.
EPS 2.
BPS2.
EPS 2.
EPS 2.
52.
52.
52.
52.
EPS 2.
EPS 2.
52.
52.
52.
52.
52.
52.
1552.
52.
1SS2.
1552.
52.
52.
215-100
215-110
215-120
215-130
215-140
216-001
219-005
219-006
219-007
219-100
219-125
220-002
222-021
222-024
222-045
222-046
227-006
227-070
237-001
246-070
246-071
252-003
252-005
PROVISIONS/CLAUSES
Prepcopoaal Conference (APR 1984).
Technical Questions (APR 1984).
Definition of Labor
Classifications (APR 1984).
Evaluation of Other Direct Costs
(APR 1984).
Base. Pee and Award Pee Proposal
(AOG 1984).
Type of Contract (APR 1984).
Notice of Total Snail
Business-Labor Surplus Area
Set-Aside (APR 1984).
Notice of Total Small Business
Set-Aside (APR 1984).
Notice of Partial Small Business
Set-Aside (APR 1984).
Set-Aside/Size standard
information (AOG 1984).
Submission of Offerer's small
Business and Small Oisadvantaged
Business subcontracting Plan (SEP
1984).
Notice of Total Labor Surplus Area
Set-Aside (APR 1984).
Certification of Nonsegregated
facilities (APR 1984).
Preaward On-Site Equal Opportunity
Compliance Review (APR 1984).
Notice of Compensation for
Professional Employees (APR 1984).
Evaluation of Compensation for
Professional Employees (APR 1984).
Royalty of Information (APR 1984).
Notification of Limited-Rights
Data and Restricted Computer
Software (APR 1984).
Site Visit (APR 1984).
Quality Assurance (QA) Program
Plan (APR 1984).
Quality Assurance (QA) Project
Plan (APR 1984).
Alterations in Solicitation (APR
1984).
Authorized Deviations in
Provisions (APR 1984).
TN-3
BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS
PAGE 19
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP CR CR CR
TYPE SEC SUP SVC R6D PROVISIONS/CLAUSES
Part IV, section M, Evaluation Factors for Award
[••I N HA HA 52. 209-001 Qualified Products—End Items (APR
1984).
•* N RBQ REQ RBQ 1552. 215-070 EPA Source Evaluation and
Selection Procedures—Negotiated
Procurement (APR 1984).
•* N HA HA HA 1552. 215-071 Evaluation Factors for Award (APR
1984).
•* M HA HA HA 1552. 215-071 Evaluation Factors for Award (APR
1984) ALTERNATE I (APR 1984).
NOTE: The following clauses, EP52.215-977 or EP52.215-978, may be used instead
of 1552.215-071 or its ALTERNATE I until BPAAR is revised.
I**] H HA HA HA EPS2. 215-977 Evaluation Factors for Award-
Technical Quality More Important
Than Cost or Price (AUG 1984).
[••IN HA HA HA EP52. 215-978 Evaluation Factors for Award-
Cost or Price More important Than
Technical Quality Provided An
Offerer's Technical Proposal Meets
the Minimum Needs of the
Government (AUG 1984).
•• M HA HA HA 52. 217-003 Evaluation Exclusive of Options
(APR 1984).
•• M HA HA HA 52. 217-004 Evaluation of Options Exercised at
Time of Contract Award (APR 1984).
•• M HA HA HA 52. 217-005 Evaluation of Options (APR 1984).
*• M HA HA HA 1552. 217-070 Evaluation of Contract Options
(APR 1984).
[••) M HA 52. 217-049 Destination Unknown (APR 1984).
•• M HA HA BPS2. 217-980 Evaluation of Options—Cost-Type,
Time and Materials, or Labor-Hour
Solicitation (AUG 1984).
*• M HA 52. 247-050 No Evaluation of Transportation
Costs (APR 1984).
** M HA — 52. 247-053 Freight Classification Description
(APR 1984).
TN_3 BUILDER CHECKLIST 3—COST-REIMBURSEMENT PROCUREMENTS PAGE 20
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
BOILOER CHECKLIST FOR TIME AND MATERIALS (T&M) AND
INDEFINITE TYPE PROCUREMENTS
UCF SEC
REQ
HA
INDBP DEL FRS
INDEP DEL
Pact
Pact
Pact
Pact
Pact
Pact
Pact
Pact
Pact
Pact
Pact
Pact
Pact
I,
I,
I,
I,
I,
I,
I,
I,
II,
III,
IV,
IV
XV,
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
, Sect ion
Section
A,
B,
c.
D,
B,
P,
G,
H,
I,
J,
K,
L,
N,
ABBREVIATIONS
Incorporated by reference oc full text.
By Reference
Pull Text
A pcovision oc clause to be incorporated
in "PULL TEXT* that contains BLANKS that
must be filled befoce issuance of a
solicitation document oc contcact. (DOES
NOT INCLUDE •REPS,* 'CERTS' OR OTHER
STATEMENTS THAT RESPONDING OPPERORS ARE
TO PILL IN.)
Uniform Contcact Format Section.
Required.
To be used when applicable.
Time and Materials oc Labor aour.
Indefinite Delivery/Indefinite Quantity
Fixed-Rate secvices.
Indefinite Delivecy.
CONTENTS
Solicitation/Contract Poem and Contents
Supplies/Services and Prices/Costs
Description/Specifications/Worfc Statement
Packing and Hacking
Inspection and Acceptance
Deliveries oc Performance
Contcact Administration Data
Special Contcact Requirements
Contcact Clauses
List of Documents, Exhibits, and Other
Attachments
Representations, Certifications, and Other
Statements of the Offecoc
Instructions, Conditions, and Notices to
Offecocs oc Quoters
Evaluation Factors foe Award
Note: See Acquisition Handbook, unit 1, volume I Title
Page foe a description of this BUILDER CHECKLIST.
TN-3
BUILDER CHECKLIST 4--TIME AND MATERIALS (T&M)
AND INDEFINITE TYPE PROCUREMENTS
PAGE 1
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
!••]
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[••]
!••]
[••]•
[••1
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UCF
SEC
Pa
NOTE:
A
A
B
B
B
B
B
B
B
B
B
B
Par
C
c
T&M
irt I,
See
MA
HA
Part
HA
HA
HA
—
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...
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HA
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Section A,
PAR Part Si
HA HA
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HA HA
HA HA
HA HA
RBQ
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HA
HA
HA HA
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Section C,
RBQ RBQ
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PROVISIONS/CLAUSES
Solicitation/Contract Porn and Contents
3 for the solicitation or contract form to use.
EPS2. 2S3-100 Solicitation and Contract
Contents (APR 1984).
EPS2. 253-110 Contract Contents (APR 1984).
B, Supplies/services and Prices/Costs
BPS2. 212-100 incorporation of Notice of Award
(APR 1984).
EPS 2. 212-110 Incorporation of Notice to
Proceed (APR 1984).
EP52. 212-130 Letter Contract (APR 1984).
1S52. 216-073 Fixed Rates for Services-
Indefinite Delivery/indefinite
Quantity contract (APR 1984).
EPS2. 216-130 Fixed Rates for Services— Time
and Materials or Labor Bout
Contract (APR 1984).
EPS 2. 216-140 Minimum and Maximum Amounts (AUG
1984).
BP32. 216-150 Ceiling Price (APR 1984).
EP52. 216-170 Consideration and Payment-
Itemized Fixed Prices (AUG 1984)
52. 219-011 Special 8(a) Contract Conditions
(APR 1984).
52. 219-012 Special 8(a) Subcontract
Conditions (APR 1984).
Description/ Specif icationa/Hork statement
EP52. 210-100 statement of Hork/ specif ications
(AUG 1984).
BPS2. 210-110 statement of Hork— Contract Hher
Hork is Ordered by Hork
Assignments or Delivery orders
(APR 1984).
(**] C HA HA HA EPS2. 210-120 Incorporation of Contractor•s
Technical Proposal (APR 1984).
TN-3 BUILDER CHECKLIST 4—TIME AMD MATERIALS (T&M) PAGE 2
AND INDEFINITE TYPE PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
IN-
GE? IN-
UCF DEL OB?
TYPE SEC T&M ?RS OBI. PROVISIONS/CLAUSES
[**] C WA WA HA EPS2. 210-130 Incorporation of Contractor's
Quality Assurance (QA) Project
Plan (APR 1984).
Part I, Section D, Packing and Narking
[**] D HA MA WA BPS2. 247-100 Shipment and Narking (APR 1984).
[*•] 0 WA WA WA EPS2. 247-110 P.o.b. Point (APR 1984).
Part I, Section E, Inspection and Acceptance
(**] B HA WA HA BP52. 246-100 Inspection and Acceptance (APR
1984).
Part I, section P, Deliveries or Performance
•• ? WA WA WA 1SS2. 210-070 Reports of Work (APR 1984).
•• P WA WA WA 1552. 210-070 Reports of work (APR 1984)
ALTERNATE I (APR 1984).
NOTE: The following clause, EP52.210-970, may be used instead of 1552.210-070
ALTERNATE I until EPAAR is revised.
[••IP WA WA WA BP52. 210-970 Reports of Work (AOG 1984)
ALTERNATE I (AOG 1984).
•• P — WA 1552. 210-071 Monthly Progress Report—Short
Form (APR 1984).
[*•] P REQ RBQ WA 1552. 210-073 Monthly Progress Report—Time and
Materials or Labor Hour, or
Indefinite Delivery/Indefinite
Quantity Fixed Rate services
Contract (APR 1984).
•• P HA WA WA 1552. 210-074 Working Piles (APR 1984).
• * P HA 1552. 210-075 Legal Analysis (APR 1984).
•• P HA WA WA 1552. 210-076 Final Reports (APR 1984).
NOTE: The following clause, EP52.210-976 or its ALTERNATE I, may be used
instead of 1552.210-076 until EPAAR is revised.
[•*] F HA HA HA EP52. 210-976 Final Reports (AUG 1984).
TN-3 BUILDER CHECKLIST 4—TIME AND MATERIALS (T&M) PAGE 3
AND INDEFINITE TYPE PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
C**l
• *
[**]
[•*)
(**1
l**l
[**]
[**]
*•
[**!
OCP
SBC
?
P
P
P
P
P
P
P
P
P
T&M
HA
HA
HA
HA
HA
HA
REQ
HA
HA
HA
IN-
OBP
DEL
PRS
HA
HA
HA
HA
HA
HA
REQ
HA
HA
HA
Part I,
**
[•*]
[••]
G
G
G
HA
...
HA
HA
REQ
HA
IN-
DEP
DEL
HA
HA
HA
HA
HA
HA
...
HA
HA
HA
EPS2.
1552.
EPS 2.
EP52.
EP52.
EPS 2.
EPS 2.
EPS 2.
1552.
52.
210-976
210-077
212-140
212-140
212-150
212-150
212-155
212-160
246-072
247-033
PROVISIONS/CLAUSES
Draft Pinal Reports (AOG 1984)
ALTERNATE I (AOG 1984).
Management Consulting Services
(APR 1984).
Period of Performance (AUG 1984).
Period of Performance (AUG 1984)
ALTERNATE I (AUG 1984).
Period of Performance— Starting
Hith Effective Date of Contract
(AUG 1994).
Period of Performance— Starting
Hith Effective Date of Contract
(AUG 1984) ALTERNATE I (AUG 1984)
Effective Period of
Contract— Time and Materials,
Labor Hour, or Indefinite
Delivery/Indefinite Quantity
Pixed-Rate Services Contract (APR
1984).
Delivery Schedule (APR 1984).
Quality Assurance (QA) Project
Plan Documentation (APR 1984).
P.o.b. Origin, with Differentials
(APR 1984).
Section G, Contract Administration Data
HA
RBQ
HA
BPS2.
1552.
EPS 2.
204-100
216-072
219-105
Memorandum of Understanding (HAS)
(APR 1984).
Ordering— By Designated Ordering
Officers.
Subcontracting Program for small
Business and Small oisadvantaged
Business (APR 1984).
** G HA HA HA EP52. 219-120 Subcontracting Reports—small
Business and Small Disadvantaged
Business Concerns (APR 1984).
•* G HA HA HA EP52. 227-120 Designation of Patent Counsel
(APR 1984).
•• G REQ RBQ HA 1552. 232-070 Application of Prompt Payment
Act—Contracts with Advance,
Progress, or Provisional Payments
(APR 1984).
TN-3 BUILDER CHECKLIST 4—TIME AND MATERIALS (T&M) PAGE 4
AND INDEFINITE TYPE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
**
*•
• •
[*•]
• •
[**]
*•
• *
[**J
!••]
[••1
[••1
[••J
UCF
SEC
G
G
G
G
G
G
G
G
G
G
G
G
G
T&M
•••
HA
RBQ
REQ
REQ
HA
WA
MA
HA
HA
HA
HA
HA
IN-
DBF
DEL
PRS
• ••
HA
REQ
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
HA
Pact I,
••
•*
H
H
HA
REQ
RBQ
RBQ
IN-
DEP
DEL
HA
HA
REQ
REQ
REQ
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HA
HA
HA
HA
HA
HA
HA
Section
HA
RBQ
1552.
EPS 2.
EPS 2.
EP52.
52.
EPS2.
1552.
1552.
EP52.
EP52.
EPS 2.
BP52.
EPS 2.
232-071
232-210
232-220
242-100
243-007
244-100
245-070
245-071
245-100
245-110
245-120
245-130
245-140
PROVISIONS/CLAUSES
Application of the Prompt Payment
Act— Contract with P.o.b.
Destination Deliverables (APR
1984).
Interest on overdue Payments (AtXS
1984).
Method of Payment (AOG 1984).
Contract Administration
Representatives (AOG 1984).
Notification of Changes (APR
1984).
Subcontract Consent (APR 1984).
Decontamination of Government
Property (APR 1984).
Government-furnished Data (APR
1984).
Contractor-Acquired Government
Property (APR 1984).
Government Property— Residual
inventory (APR 1984).
Government-? urnished Property
(AOG 1984).
Government Property— Facilities
Use (APR 1984).
Designation of Property
Administrator (APR 1984).
a. Special Contract Requirements
1552.
1552.
208-070
209-071
Printing (APR 1984).
Organizational Conflicts of
interest (APR 1984).
•• H HA HA 1552. 213-070 Notice to Suppliers of Equipment
(APR 1984).
[••IB HA — — 1552. 217-075 Option To Extend the Effective
Period of the Contract—Time and
Materials or Labor Hour Contract
(APR 1984).
[••] B HA HA 1552. 217-076 Option To Extend the Effective
Period of the Contract-
Indefinite Delivery/Indefinite
Quantity Contract (APR 1984).
[*•] B HA HA HA BP52. 217-979 Option To Renew the Contract-
Services Contract (AOG 1984).
TN-3 BUILDER CHECKLIST 4—TIME AND MATERIALS (T&M) PAGE S
AND INDEFINITE TYPE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
IN-
DBF IN-
UCP DEL DBF
TYPE SBC TSM PRS DEL PROVISIONS/CLAOSBS
*• H WA HA EPS2. 217-980 Evaluation of Options—Cost-Type,
Time and Materials, or Labor-Hour
Solicitation (AOG 1984).
•* a HA MA HA 1552. 223-070 Protection of Human subjects (APR
1984).
* B HA HA HA 1552. 227-071 Rights in Data—General (APR
1984).
* a HA HA HA 1552. 227-071 Rights in Data—General (APR
1984). ALTERNATE I (APR
1984).(APR 1984).
* B HA HA HA 1552. 227-072 Rights in Data—Special Works
(APR 1984).
• a — HA 1552. 227-073 Rights in Data—Existing Works
(APR 1984).
• a HA HA HA 1552. 227-074 Additional Data Requirements (APR
1984).
[•*] a HA HA HA 52. 228-010 Vehicular and General Public
Liability Insurance (APR 1984).
••a HA HA HA 1552. 228-070 Insurance—Liability to Third
Persons—Coonercial organizations
(APR 1984).
•*B HA HA HA 1552. 228-071 insurance—Liability to Third
Persons—State or Local
Governments (APR 1984).
•• a HA HA HA 1552. 228-072 insurance—Liability to Third
Persons—Commercial Organizations
(Emergency) (APR 1984).
•*B HA HA HA 1552. 228-073 Insurance—Liability to Third
Persons—state or Local
Governments (Emergency) (APR
1984).
•* a HA HA HA 1552. 235-070 Screening Business Information
for Claims of Confidentiality
(APR 1984).
•* a HA HA HA 1552. 235-071 Treatment of Confidential
Business Information (APR 1984).
•• B HA HA HA 1552. 235-072 Data Security - 9IPRA and/or TSCA
Confidential Business Information
(APR 1984).
** a HA HA HA 1552. 237-070 Contract Publication Review
Procedures (APR 1984).
•• B HA HA HA 1552. 237-071 Technical Direction (APR 1984).
•• B HA HA HA 1552. 237-072 Key Personnel (APR 1984).
••B HA HA HA 1552. 237-073 Consultant Services and Consent
(APR 1984).
•• B HA HA HA 1552. 237-074 Publicity (APR 1984).
TN-3 BUILDER CBECKLIST 4—TIME AND MATERIALS (TWO PAGE 6
AND INDEFINITE TYPE PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
•*
• *
[••I
UCF
SBC
H
H
B
T&N
WA
REQ
HA
IN-
DBF
DEL
PRS
HA
REQ
HA
IN-
DEP
DEL
HA
HA
HA
Part II,
[*•]
•
*
*
•
•
•
*
[•*]
**
[**]
[•*]
[••]
[•*)
[•*]
[••]
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
REQ
REQ
REQ
REQ
REQ
HA
HA
HA
HA
HA
...
...
—
...
...
...
REQ
REQ
REQ
REQ
REQ
HA
HA
HA
HA
HA
...
...
...
...
...
...
REQ
REQ
REQ
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
1552.
1552.
EPS 2.
237-075
245-072
252-110
PROVISIONS/CLAUSES
Paperwork Reduction Act (APR
1984).
Fabrication or Acquisition of
Nonexpendable Property (APR 1984)
Special Contract Requirements
Incorporated By Reference (AUG
1984).
Section I, Contract Clauses
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
252-002
202-001
203-001
203-003
203-005
204-001
204-002
207-003
208-001
209-002
209-003
209-003
209-003
209-004
209-004
209-004
Clauses Incorporated by Reference
(APR 1984).
Definitions (APR 1984).
Officials Not to Benefit (APR
1984).
Gratuities (APR 1984).
Covenant Against Contingent Pees
(APR 1984).
Approval of Contract (APR 1984).
Security Requirements (APR 1984).
Right of First Refusal of
Employment (APR 1984).
Required Sources for Jewel
Bearings and Related Items (APR
1984).
Qualified Products— Components of
End Items (APR 1984).
First Article
Approval— Contractor Testing (APR
1984).
First Article
Approval— Contractor Testing (APR
1984). ALTERNATE I (APR 1984).
First Article
Approval— Contractor Testing (APR
1984). ALTERNATE II (APR 1984).
First Article
Approval— Government Testing (APR
1984).
First Article
Approval— Government Testing (APR
1984). ALTERNATE I (APR 1984).
First Article
Approval— Government Testing (APR
1984). ALTERNATE II (APR 1984).
TN-3 BUILDER CHECKLIST 4—TIME AND MATERIALS (T&M) PAGE 7
AND INDEFINITE TYPE PROCUREMENTS
-------
TYPE
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP
SEC
T&M
IN-
DEP
DEL
PRS
IN-
OEP
DEL
PROVISIONS/CLAUSES
[•*]
[*•]
(•*]
(**]
[•*]
[•*]
[*•]
**
I •••
I —
I •••
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I.
I
— WA
— WA
WA
— WA
WA
— WA
— — REQ
REQ REQ
REQ — ._
REQ
REQ REQ REQ
REQ REQ REQ
WA WA WA
WA
WA
REQ RBQ REQ
REQ RBQ RBQ
RBQ RBQ
RBQ RBQ
RBQ
RBQ
RBQ RBQ
RBQ REQ
MM WW W&
HA
WA
52. 210-005 New Material (APR 1984).
52. 210-007 used or Reconditioned Material,
Residual Inventory, and Pormer
Government Surplus Property (APR
1984).
52. 212-003 Commencement, Prosecution, and
Completion of work (APR 1984).
52. 212-003 Commencement, Prosecution, and
Completion of work (APR 1984).
ALTERNATE I (APR 1984).
52. 212-004 Liquidated Damages—Supplies,
Services, or Research and
Development (APR 1984).
52. 212-009 Variation in Quantity (APR 1984).
52. 212-010 Delivery of Excess Quantities of
$100 or Less (APR 1984).
52. 212-013 Stop-Work Order (APR 1984).
52. 212-013 Stop-Work Order (APR 1984).
ALTERNATE I (APR 1984).
52. 212-015 Government Delay of Work (APR
1984).
52. 215-001 Examination of Records by
Comptroller General (APR 1984).
52. 215-002 Audit—Negotiation (APR 1984).
52. 215-021 Changes or Additions to
Make-or-Buy Program (APR 1984).
52. 215-021 Changes or Additions to
Make-or-Buy Program (APR 1984).
ALTERNATE II (APR 1984).
52. 215-022 Price Reduction for Defective
Coat or Pricing Data (APR 1984).
52. 215-023 Price Reduction for Defective
Cost or Pricing
Data—Modifications (APR 1984).
52. 215-024 Subcontractor Cost or Pricing
Data (APR 1984).
52. 215-025 subcontractor Cost or Pricing
Data—Modifications (APR 1984).
52. 216-018 Ordering (APR 1984).
52. 216-019 Delivery-Order Limitations (APR
1984).
52. 216-020 Definite Quantity (APR 1984).
52. 216-021 Requirements (APR 1984).
52. 216-021 Requirements (APR 1984).
ALTERNATE I (APR 1984).
52. 216-021 Requirements (APR 1984).
ALTERNATE II (APR 1984).
TN-3
BUILDER CHECKLIST 4—TIME AND MATERIALS (T&M)
AND INDEFINITE TYPE PROCUREMENTS
PAGE 3
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
IN-
OBP IN-
UCF DEL DEP
TYPE SBC TSM PRS DEL PROVISIONS/CLAOSBS
** I HA 52. 216-021 Requirements (APR 1984).
ALTERNATE IXZ (APR 1984).
*• i HA 52. 216-021 Requirements (APR 1984).
ALTERNATE IV (APR 1984).
[••] i REQ HA 52.216-022 Indefinite Quantity (APR 1984).
I*"] I HA HA 52. 216-023 Execution and Commencement of
Work (APR 1984).
(••] I HA HA 52. 216-024 Limitation of Government
Liability (APR 1984).
[*•! I HA HA 52. 216-025 Contract Definitization (APR
1984).
• I — HA 52. 217-006 Option for Increased Quantity
(APR 1984).
• I — — MA 52. 217-007 Option for Increased Quantity—
Separately Priced Line Item (APR
1984).
* i HA 52. 217-008 Option to Extend Services (APR
1984).
[**] i HA 52. 217-009 Option to Extend the Term of the
Contract—Services (APR 1984).
• I REQ REQ REQ 52. 219-008 Utilization of Small Business
Concerns and Small Oisadvantaged
Business Concerns (APR 1984).
• I HA HA HA 52. 219-009 Small Business and Small
Disadvantaged Business
Subcontracting Plan (APR 1984).
I**] I HA HA HA 52. 219-010 Incentive Subcontracting Program
for Small and small Disadvantaged
Business Concerns (APR 1984).
• I REQ REQ REQ 52. 219-013 Utilization of Women-Owned small
Businesses (APR 1984).
• I RBQ RBQ RBQ 52. 220-003 Utilization of Labor Surplus Area
Concerns (APR 1984).
* I HA HA HA 52. 220-004 Labor Surplus Area Subcontracting
Program (APR 1984).
• I HA HA HA 52. 222-001 Notice to the Government of Labor
Disputes (APR 1984).
* I RBQ REQ REQ 52. 222-003 Convict Labor (APR 1984).
* I HA HA HA 52. 222-020 Halsh-Healey Public Contracts Act
(APR 1984).
• I RBQ RBQ REQ 52. 222-026 Equal Opportunity (APR 1984).
[*•] I HA HA HA 52. 222-026 Equal Opportunity (APR 1984).
ALTERNATE I (APR 1984).
* I HA HA HA 52. 222-028 Equal Opportunity Preaward
Clearance of subcontracts (APR
1984).
TN-3 BUILDER CHECKLIST 4~TIME AND MATERIALS (T&M) PAGE 9
AND INDEFINITE TYPE PROCUREMENTS
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0.3. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
IN-
OEF IN-
OCP DEL DBF
TYPE SBC TSM FRS DEL PROVISIONS/CLAUSES
* I REQ REQ REQ 52. 222-035 Affirmative Action for Special
Disabled and Vietnam Era Veterans
(APR 1984>.
[••IX MA HA HA 52. 222-035 Affirmative Action for Special
Disabled and Vietnam Bra Veterans
(APR 1984). ALTERNATE I (APR
1984).
• I RBQ RBQ REQ 52. 222-036 Affirmative Action for
Handicapped Workers (APR 1984).
(••I I HA HA HA 52. 222-036 Affirmative Action for
Handicapped workers (APR 1984).
ALTERNATE I (APR 1984).
** I HA HA HA EPS2. 222-100 Contract Work Hours and Safety
Standards Act—overtime
Compensation (40 O.S.C. 327-333)
(APR 1984).
** I HA HA HA BP52. 222-110 Contract Hork Hours and Safety
Standards Act—overtime
Compensation—Firefighters and
Fireguards (APR 1984).
•• I HA HA HA EPS2. 222-120 Payrolls and Basic Records (APR
1984).
l**l I HA HA HA BP52. 222-240 Service Contract Act of 1965 (APR
1984).
** X HA HA EP52. 222-260 Fair Labor Standards Act and
Service Contract Act—Price
Adjustment (Nultiyear and Option
Contracts) (SEP 1984).
•• x HA HA BP52. 222-265 Fair Labor Standards Act and
Service Contract Act—Price
Adjustment (SEP 1984).
• I HA HA HA 52. 223-002 Clean Air and Hater (APR 1984).
• I HA HA HA 52. 223-003 Hazardous Material Identification
and Material safety Data (APR
1984).
* X HA HA HA 52. 224-001 Privacy Act Notification (APR
1984).
* I HA HA HA 52. 224-002 Privacy Act (APR 1984).
• X HA HA HA 52. 225-003 Buy American Act—Supplies (APR
1984).
* X HA — HA 52. 225-009 Buy American Act—Trade
Agreements Act—Balance of
Payments Program (APR 1984)
(Revised by Federal Acquisition
Circular 84-1) (APR 1984).
* X RBQ RBQ REQ 52. 227-001 Authorization and Consent (APR
1984).
TN-3 BUILDER CHECKLIST 4—TXMB AND MATERIALS (T&M) PAGE 10
AND INDEFINITE TYPE PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
IN-
DBF IN-
UCP DEL DBF
TYPE SBC T&M FRS DEL PROVISIONS/CLAUSES
• I RBQ R8Q REQ 52. 227-002 Notice and Assistance Regarding
Patent and Copyright Infringement
(APR 1984).
* I HA HA 52. 227-003 Patent Indemnity (APR 1984).
[•*] I HA HA 52. 227-003 Patent Indemnity (APR 1984).
ALTERNATE I (APR 1984).
[*•] I HA HA 52. 227-003 Patent Indemnity (APR 1984).
ALTERNATE II (APR 1984).
• I HA HA HA 52. 227-008 Reporting of Royalties (Foreign)
(APR 1984).
• I HA HA HA 52. 227-009 Refund of Royalties (APR 1984).
• I HA HA HA 52. 227-010 Filing of Patent Applications-
Classified subject Hatter (APR
1984).
* I HA HA 52. 228-002 Additional Bond Security (APR
1984).
• x HA 52. 228-004 Horleers' Compensation and
Har-aazard Insurance (APR 1984).
• I HA 52. 229-001 State and Local Taxes (APR 1984).
* I ... — HA 52. 229-003 Federal, State, and Local Taxes
(APR 1984).
• I — HA 52. 229-004 Federal, State, and Local Taxes
(Noncompetitive Contract) (APR
1984).
• i RBQ 52. 229-005 Taxes—Contracts Performed in
U.S. Possessions or Puerto Rico
(APR 1984).
• I HA HA HA 52. 230-003 Cost Accounting Standards (APR
1984).
• I HA HA HA 52. 230-004 Administration of Cost Accounting
Standards (APR 1984).
• I HA HA HA 52. 230-005 Disclosure and Consistency of
Cost Accounting Practices (APR
1984).
* i — — RBQ 52. 232-001 Payments (APR 1984).
* I RBQ — — 52. 232-007 Payments under Tine-and-Natecials
and Labor-Hour Contracts (APR
1984).
• I HA •— 52. 232-007 Payments under Time-ahd-Materials
and Labor-Hour Contracts (APR
1984). ALTERNATE I (APR 1984).
* x — — RBQ 52. 232-008 Discounts for Prompt Payment (APR
1984).
* I REQ RBQ REQ 52. 232-009 Limitation on Hithholding of
Payments (APR 1984).
• I REQ 52. 232-011 Extras (APR 1984).
TN-3 BUILDER CHECKLIST 4—TIME AND MATERIALS (T&M) PAGE 11
AND INDEFINITE TYPE PROCUREMENTS
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TYPB
[*•]
• •
I**]
*•
*
•
[**]
•
•
[•*]
•
•
•
•
•
UCP
SEC
I
I
I
I
X
I
I
I
I
I
I
I
X
X
X
T&N
HA
WA
HA
HA
—
— -
—
REQ
—
—
REQ
HA
HA
HA
— -
IN-
DBP
DEL
PRS
HA
HA
HA
HA
___
...
REQ
HA
HA
REQ
HA
HA
HA
REQ
IN-
DEP
DEL
HA
HA
HA
HA
HA
HA
HA
REQ
HA
HA
REQ
HA
HA
HA
...
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
1552.
1552.
232-012
232-012
232-012
232-012
232-016
232-016
232-016
232-017
232-018
232-019
232-023
232-023
232-024
232-072
232-073
PROVISIONS/CLAUSES
Advance Payments (APR 1984).
Advance Payments (APR 1984).
ALTERNATE I (APR 1984).
Advance Payments (APR 1984).
ALTERNATE III (APR 1984).
Advance Payments (APR 1984).
ALTERNATE IV (APR 1984).
Progress Payments (APR 1984 ) .
Progress Payments (APR 1984).
ALTERNATE I (APR 1984).
Progress Payments (APR 1984).
ALTERNATE XI (APR 1984).
Interest (APR 1984).
Availability of Funds (APR 1984).
Availability of Funds for the
Next Fiscal Year (APR 1984).
Assignment of Claims (APR 1984).
Assignment of Claims (APR 1984).
ALTERNATE I (APR 1984).
Prohibition of Assignment of
Claims (APR 1984).
Application of the Prompt Payment
Act— Contract with P.o.b. Origin
Deliverables (APR 1984).
Payments— Fixed-Rate Services
Contract (APR 1984).
NOTE: A Disputes clause is required for each EPA solicitation and contract.
It is EPA policy to use the PAR clause alternate in most cases. The basic FAR
clause can be used when circumstances warrant. The following notations
adjacent to these Disputes clauses reflect the EPA policy. USE ONLY ONE
DISPUTES CLAUSE IN A GIVEN SOLICITATION OR CONTRACT.
• I HA HA HA 52. 233-001 Disputes (APR 1984).
• I REQ REQ REQ 52. 233-001 Disputes (APR 1984). ALTERNATE I
(APR 1984).
• X HA HA HA 52. 237-002 Protection of Government
Buildings, Equipment, and
Vegetation (APR 1984).
• X HA HA HA 52. 237-003 Continuity of Services (APR 1984),
[**] i HA HA HA 52. 237-004 Payment by Government to
Contractor (APR 1984).
•• x HA HA HA 52. 237-004 Payment by Government to
contractor (APR 1984). ALTERNATE
I (APR 1984).
* X HA HA HA 52. 242-002 Production Progress Reports (APR
1984).
TN-3
BUILDER CHECKLIST 4—TIME AND MATERIALS (TWO
AND INDEFINITE TYPE PROCUREMENTS
PAGE 12
-------
O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
IN-
DBP IH-
OCP DEL OEP
TYPE SBC Till PRS DEL PROVISIONS/CLAOSES
* X HA HA HA 52. 242-010 P.o.b. Origin—Government Bills
of Lading or Prepaid Postage (APR
1984).
• I HA HA HA 52. 242-011 P.o.b. Origin—Government Bills
of Lading or Indicia Nail (APR
1984).
• Z — HA 52. 243-001 Changes—Pixed-Price (APR 1984).
• i — HA 52. 243-001 Changes—Pixed-Pr ice (APR 1984).
ALTERNATE I (APR 1984).
* z — HA 52. 243-001 Changes—Fixed-Price (APR 1984).
ALTERNATE XX (APR 1984).
• X RBQ RBQ — 52. 243-003 Changes—Time and Materials or
Labor Hours (APR 1984).
* X HA HA HA 52. 243-006 Change Order Accounting (APR
1984).
* x — HA 52. 244-001 Subcontracts Under Pixed-Price
Contracts (APR 1984).
[•*] X — — HA 52. 244-001 Subcontracts Under Pixed-Price
Contracts (APR 1984). ALTERNATE
X (APR 1984).
* X RBQ RBQ — 52. 244-003 subcontracts under Time and
Materials and Labor Hour
Contracts (APR 1984).
* X — — RBQ 52. 244-005 Competition in Subcontracting
(APR 1984).
• X HA HA HA 52. 245-001 Property Records (APR 1984).
• x — HA 52. 245-002 Government Property (Pixed-Price
Contracts) (APR 1984).
• x — — HA 52. 245-002 Government Property (Pixed-Price
contracts) (APR 1984). ALTERNATE
X (APR 1984).
* X — HA 52. 245-003 Identification of
Government-Purnished Property
(APR 1984).
• X HA HA HA 52. 245-004 Government-Purnished Property
(Short Porm) (APR 1984).
• I HA HA — 52. 245-005 Government Property
(Cost-Reimbursement, Time and
Materials, or Labor Hour
Contracts) (APR 1984).
• X HA HA — 52. 245-005 Government Property
(Cost-Reimbursement, Time and
Materials, or Labor Hour
contracts) (APR 1984). ALTERNATE
X (APR 1984).
• X — — HA 52. 245-009 Use and Charges (APR 1984).
TN-3 BUILDER CHECKLIST 4—TIME AND MATERIALS (T&M) PAGE 13
AND XND8PXNXTB TYPE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
•
•
•
•
•
•
•
•
*
• *
•
[•*!
[•*]
l"l
[•*]
[••]
[••]
[••]
•
*
UCP
SEC
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
IN-
OBP IN-
DEL OBP
T&N PUS DEL
___ _ _ _ U»
™ •"" IffA
_«» U%
••• fin
HA HA HA
HA HA HA
— HA
— •• ••• WA
RBQ REQ
HA HA
HA HA —
HA HA HA
— —^ M*
~™™ ™~™ itn
••• ••• u&
nf%
HA
,,M — — — u&
tin
____ _ _ _ urn
••• ••• WA
— • • ••• WP\
u«
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,_,_, ••• tA
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52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
245-017
245-017
245-018
245-019
246-002
246-004
246-006
246-006
246-006
246-015
246-016
246-017
246-017
246-017
246-017
246-017
246-017
246-018
246-018
246-018
PROVI SI ONS/CLAOSES
Special Tooling (APR 1984).
Special Tooling (APR 1984).
ALTERNATE I (APR 1984).
Special Test Equipment (APR 1984)
Government Property Furnished 'AS
is' (APR 1984).
Inspection of Supplies—
Fixed-Price (APR 1984).
Inspection of
Services—Pixed-Price (APR 1984).
Inspection — Time and Materials
and Labor Hour (APR 1984).
Inspection — Time and Materials
and Labor Hour (APR 1984).
ALTERNATE I (APR 1984).
Inspection— Time and Materials
and Labor Hour (APR 1984).
ALTERNATE II (APR 1984).
Certificate of Conformance (APR
1984).
Responsibility for supplies (APR
1984).
Harranty of supplies of a
Noncomplex Nature (APR 1984).
Harranty of Supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE I (APR 1984).
Harranty of supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE II (APR 1984).
Harranty of Supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE III (APR 1984).
Warranty of Supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE IV (APR 1984).
warranty of Supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE V (APR 1984).
Warranty of Supplies of a Complex
Nature (APR 1984).
Harranty of supplies of a Complex
Nature (APR 1984). ALTERNATE I
(APR 1984).
Warranty of Supplies of a Complex
Nature (APR 1984). ALTERNATE II
(APR 1984).
TN-3
BUILDER CHECKLIST 4—TIMS AND MATERIALS (T&M)
AND INDEFINITE TYPE PROCUREMENTS
PAGE 14
-------
U.S. ENVIRONMENT*, PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
IN-
DBP IN-
UCP DEL OBP
SBC TftM PRS DEL
PROVISIONS/CLAUSES
• I
• I
[•"] I
*• I
•• I
•» I
[*•] I
• I
[••1 I
* I
* I
• I
• I
• I
• I
* I
• I
• I
• I
WA
— — HA
MA
— .__ fl^
— HA
HA
— HA
RBQ REQ HA
___ ••• U&
™»« ••• MA
HA HA HA
HA HA HA
HA HA HA
HA HA HA
HA HA Ml
HA HA HA
HA HA HA
HA HA HA
HA HA HA
HA HA HA
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
246-018
246-018
246-019
246-019
246-019
246-019
246-020
246-025
247-001
247-029
247-030
247-031
247-032
247-034
247-035
247-048
247-054
247-055
247-058
warranty of supplies of a Complex
Nature (APR 1984). ALTERNATE III
(APR 1984).
Warranty of supplies of a Complex
Nature (APR 1984). ALTERNATE IV
(APR 1984).
Harranty of systems and Equipment
Under Performance Specifications
or Design Criteria (APR 1984).
Harranty of systems and Equipment
under Performance Specifications
or Design Criteria (APR 1984).
ALTERNATE I (APR 1984).
Harranty of Systems and Equipment
under Performance Specifications
or Design Criteria (APR 1984).
ALTERNATE IX (APR 1984).
Harranty of systems and Equipment
under Performance Specifications
or Design Criteria (APR 1984).
ALTERNATE III (APR 1984).
Harranty of services (APR 1984).
Limitation of Liability-
Services (APR 1984).
Commercial Bill of Lading
Notations (APR 1984).
P.o.b. Origin (APR 1984).
F.o.b. Origin, Contractor's
Facility (APR 1984).
P.o.b. Origin, Freight Allowed
(APR 1984).
P.o.b. Origin, Freight Prepaid
(APR 1984).
P.o.b. Destination (APR 1984).
P.o.b. Destination, within
Consignee's Premises (APR 1984).
P.o.b. Destination— Evidence of
Shipment (APR 1984).
Diversion of Shipment Under
P.o.b. Destination contracts (APR
1984).
P.o.b. Point for Delivery of
Government-Furnished Property
(APR 1984).
Loading, Blocking, and Bracing of
Freight Car shipments (APR 1984).
TN-3
BUILDER CBBCRLIST 4—TIME AND MATERIALS (T&M)
AND INDEFINITE TYPE PROCUREMENTS
PAGE 15
-------
O.S. BNVZRONMBNTAL PROTECTION AGENCY ACQOXSITZON HANDBOOK
TYPE
UCP
! SBC
Z
Z
z
z
z
z
z
z
z
z
z
z
z
Part ZZZ
ZN-
DBP
DEL
Till PRS
HA HA
HA HA
... ...
... ...
... ...
... ...
HA HA
HA HA
RBQ RBQ
RBQ RBQ
HA HA
HA HA
, Section J,
IN-
DEF
DEL
HA
HA
HA
HA
HA
HA
._
—
HA
...
RBQ
HA
HA
List Of
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
247-063
247-064
249-001
249-002
249-002
249-004
249-006
249-006
249-008
249-014
251-001
252-004
2S2-006
Documents,
PROVZSZONS/CLAOSBS
Preference for U.S. -Flag Air
Carriers (APR 1984).
Preference for Privately Owned
U.S. -Flag commercial Vessels (APR
1984).
Termination for Convenience of
the Government (Pixed-Price)
(Short Form) (APR 1984).
Termination for Convenience of
the Government (Pixed-Price) (APR
1984).
Termination for Convenience of
the Government (Pixed-Price) (APR
1984). ALTERNATE ZZ (APR 1984).
Termination for Convenience of
the Government (Services) (Short
Form) (APR 1984).
Termination (Cost-Reimbursement)
(APR 1984). ALTERNATE ZV (APR
1984).
Termination (Cost-Reimbursement)
(APR 1984). ALTERNATE V (APR
1984).
Default (Pixed-Price supply and
Service) (APR 1984).
Excusable Delays (APR 1984).
Government Supply sources (APR
1984).
Alterations in Contract (APR
1984).
Authorized Deviations in Clauses
(APR 1984).
Exhibits, and Other Attachments
[••1 J RBQ RBQ REQ BP52. 252-100 List of Attachments (APR 1984).
Part ZV, section K,
Representations, Certifications, and Other Statements of the Offeror
•* R — — HA 52. 203-002 Certificate of Zndependent Price
Determination (APR 1984).
TN-3 BOZLDBR CBBCKLZST 4—TZME AND MATERIALS (T&M) PAGE 16
AND ZNDBPZNZTB TYPE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
IN-
DBP IN-
UCP DEL DEP
TYPE SBC TtM PRS DEL PROVISIONS/CLAUSES
•* R RBQ REQ REQ 52. 203-004 Contingent Pee Representation and
Agreement (APR 1984).
•• K HA HA HA 1552. 203-070 Curtent/Former Agency Employee
Involvement Certification (APR
1984).
•* R HA HA HA 52. 208-002 Jewel Bearings and Related Items
Certificate (APR 1984).
** R RBQ RBQ REQ 1552. 209-072 Organizational Conflict of
interest Certification (APR 1984).
•* R REQ RBQ REQ 52. 215-006 Type of Business organization
(APR 1984).
*• R RBQ RBQ REQ 52. 215-011 Authorized Negotiators (APR 1984).
*• R HA HA HA 52. 215-019 Period for Acceptance of Offer
(APR 1984).
•* R HA HA HA 52. 215-020 Place of Performance (APR 1984).
** R REQ RBQ RBQ 1552. 215-076 General Financial and
Organizational Information (APR
1984).
*• R RBQ RBQ REQ 52. 219-001 Small Business Concern
Representation (APR 1984).
•* R RBQ RBQ RBQ 52. 219-002 Small Disadvantaged Business
Concern Representation (APR 1984).
•• R RBQ RBQ RBQ 52. 219-003 Homen-Owned Small Business
Representation (APR 1984).
** K HA HA HA 52. 220-001 Preference for Labor Surplus Area
Concerns (APR 1984).
** R HA HA HA 52. 222-019 Halsh-Healey Public Contracts Act
Representation (APR 1984).
*• R RBQ RBQ RBQ 52. 222-022 Previous Contracts and Compliance
Reports (APR 1984).
*• R RBQ RBQ RBQ 52. 222-025 Affirmative Action Compliance
(APR 1984).
•• R HA HA HA 52. 223-001 Clean Air and Hater Certification
(APR 1984).
•• R HA HA HA 52. 223-004 Recovered Material Certification
(APR 1984).
•• R RBQ RBQ RBQ 1552. 224-070 Social Security Numbers of
Consultants and Certain sole
Proprietors and Privacy Act
Statement (APR 1984).
[••] R HA HA HA 52. 225-001 Buy American Certificate (APR
1984).
[*•] R HA HA HA 52. 227-007 Patents—Notice of Government
Licensee (APR 1984).
** R RBQ RBQ RBQ 52. 230-002 Cost Accounting Standards Notices
and Certification (Nondefense)
(APR 1984).
TN-3 BUILDER CHECRLZST 4—TIME AND MATERIALS (TS.M) PAGE 17
AND INDEFINITE TYPE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
IH-
DEP IN-
UCP DEL OEP
TYPE SBC T&M PRS DEL PROVISIONS/CLAUSES
Part IV ,section L,
Instructions, Conditions, and Notices to Offerers or Quoters
(••] L RBQ REQ REQ 52. 252-001 solicitation Provisions
Incorporated by Reference (APR
1984).
[•*] L HA HA HA 52. 207-002 Notice of Cost Comparison
(Negotiated) (APR 1984).
•• L RBQ RBQ RBQ 1552. 209-070 Organizational Conflict of
Interest Notification (APR 1984).
•• L — — v*A 52. 210-001 Availability of Specifications
Listed in the Index of Federal
Specifications and Standards (APR
1984).
[••] L HA 52. 210-003 Availability of Specifications
Not Listed in the GSA Index of
Federal specifications and
Standards (APR 1984).
[*•] L — HA 52. 210-004 Availability for Examination of
Specifications Not Listed in the
Index of Federal Specifications
and Standards (APR 1984).
* L ... — HA 52. 210-006 Listing of Used or Reconditioned
Material, Residual Inventory and
Former Government Surplus
Property (APR 1984).
[**] L HA HA HA EP52. 212-170 Proposed Contract Start
Date—Completion Contracts (AOG
1984).
[**J L HA HA HA EP52. 212-180 Proposed Contract Start
Date—Level of Effort Contract
(AOG 1984).
[*•] L HA HA HA 52. 215-003 solicitation for Information or
Planning Purposes (APR 1984).
• L RBQ RBQ RBQ 52. 215-005 Solicitation Definitions (APR
1984).
* L RBQ RBQ RBQ 52. 215-007 Unnecessarily Elaborate Proposals
or Quotations (APR 1984).
• L RBQ RBQ RBQ 52. 215-008 Acknowledgement of Amendments to
solicitations (APR 1984).
* L RBQ RBQ RBQ 52. 215-009 Submission of Offers (APR 1984).
• L RBQ RBQ RBQ 52. 215-010 Late Submission, Modifications,
and Hithdravals of Proposals (APR
1984).
* L RBQ REQ RBQ 52. 215-012 Restriction on Disclosure and use
of Data (APR 1984).
TN-3 BUILDER CHECKLIST 4—TIME AND MATERIALS (T&M) PAGE 18
AND INDEFINITE TYPE PROCUREMENTS
-------
TYPE
O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
DC?
SBC
TftM
IN-
DBF IN-
DBL DBF
PRS DEL
PROVISIONS/CLAOSES
•*
**
L
L
L
L
L
L
L
REQ
REQ
REQ
REQ
RBQ
REQ
RBQ RBQ REQ
REQ REQ RBQ
HA HA RBQ
RBQ RBQ RBQ
RBQ RBQ RBQ
RBQ RBQ RBQ
52. 215-013
52. 215-014
52. 215-015
52,
52,
52,
1552,
215-016
215-017
215-018
215-072
1552. 215-073
Preparation of Offers (APR 1984).
Explanation to Prospective
Offerers (APR 1984).
Failure to submit Offer (APR
1984).
Contract Award (APR 1984).
Telegraphic Proposals (APR 1984).
Order of Precedence (APR 1984).
Past Performance (APR 1984).
Instructions for the Preparation
of Technical and Cost or Pricing
Proposals (APR 1984).
NOTE: The following clauses, EPS2.215-980 or EP52.215-981, may be used instead
of 1552.215-073 until EPAAR is revised.
I**].
*•
L
L
RBQ HA
HA HA
RBQ RBQ
HA
HA
HA
RBQ
[••1
[••]
I**]
*•
[••]
•*
*
L
L
L
L
L
L
L
HA
RBQ
HA
RBQ
RBQ]
HA
HA
RBQ
HA
HA
RBQ
RBQ
HA
HA
RBQ
HA
RBQ
RBQ
HA
L
L
L
HA
HA
HA
HA
HA
HA
HA
HA
HA
EP52. 215-980
EPS2. 215-981
1552. 215-074
1552. 215-075
BP52. 215-100
BP52. 215-110
BP52. 215-120
BPS2. 215-130
52. 216-001
EP52. 216-205
52. 219-005
52. 219-006
52. 219-007
EPS2. 219-100
Instructions for the Preparation
of Technical and Cost or Pricing
Proposals (AUG 1984).
Instructions for the Preparation
of Technical and Pricing
Proposals—? ixed-Pr ice
solicitation (AOG 1984).
Cost Proposal Instructions (APR
1984).
Additional Representations,
Certifications, and Statements of
Offerers Whose Proposals Are In
the Competitive Range (APR 1984).
Prepropoaal Conference (APR 1984).
Technical Questions (APR 1984).
Definition of Labor
Classifications (APR 1984).
Evaluation of Other Direct Costs
(APR 1984).
Type of Contract (APR 1984).
Evaluation Quantities—Indefinite
Delivery solicitation (SEP 1984).
Notice of Total Small
Business-Labor surplus Area
Set-Aside (APR 1984).
Notice of Total Small Business
Set-Aside (APR 1984).
Notice of Partial Small Business
Set-Aside (APR 1984).
Set-Aside/Size Standard
Information (AOG 1984).
TN-3
BUILDER CHECKLIST 4—TIME AND MATERIALS (TSM)
AND INDEFINITE TYPE PROCUREMENTS
PAGE 19
-------
O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
IN-
D8P IN-
OCP DEL DBF
TYPE SBC TAN PRS DEL PROVISIONS/CLAUSES
[••] L HA HA HA EPS2. 219-125 Submission of Offerer's Small
Business and small Disadvantaged
Business Subcontracting Plan (SEP
1984).
• L HA HA HA 52. 220-002 Notice of Total Labor Surplus
Area Set-Aside (APR 1984).
• L REQ REQ RBQ 52. 222-021 Certification of Nonsegregated
Facilities (APR 1984).
• L HA HA HA 52. 222-024 Preaward On-Site Equal
Opportunity Compliance Review
(APR 1984).
* L HA HA HA 52. 222-045 Notice of Compensation for
Professional Employees (APR 1984).
• L HA HA HA 52. 222-046 Evaluation of Compensation for
Professional Employees (APR 1984).
*• L RBQ RBQ RBQ 52. 227-006 Royalty of Information (APR 1984).
•• L HA HA HA 1552. 227-070 Notification of Limited-Rights
Data and Restricted Computer
software (APR 1984).
• L HA 52. 232-013 Notice of Progress Payments (APR
1984).
* L HA 52. 232-014 Notice of Availability of
Progress Payments Exclusively for
Small Business Concerns (APR
1984).
* & WA 52. 232-015 Progress Payments Not Included
(APR 1984).
* L HA HA HA 52. 237-001 Site Visit (APR 1984).
•• L HA HA HA 1552. 246-070 Quality Assurance (QA) Program
Plan (APR 1984).
•• L HA HA HA 1552. 246-071 Quality Assurance (QA) Project
Plan (APR 1984).
• I, .— — HA 52. 247-045 P.o.b. Origin and/or P.o.b.
Destination Evaluation (APR 1984).
• L — HA 52. 247-046 Shipping Point(a) Osed in
Evaluation of P.o.b. Origin
Offers (APR 1984).
[••1 L HA HA HA 52. 252-003 Alterations in Solicitation (APR
1984).
(*•] L HA HA HA 52. 252-005 Authorized Deviations in
Provisions (APR 1984).
TN-3 BUILDER CHECKLIST 4—TIME AND MATERIALS (T&M) PAGE 20
AND INDEFINITE TYPE PROCUREMENTS
-------
O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
IN-
DBP IN-
OCP DEL OB?
TYPE SBC T&M ?RS DEL PROV1SIOMS/CLAOSBS
Part IV, section M, Evaluation Factors for Award
**
**
H
N
N
N
HA
RBQ
WA
HA
HA
RBQ
HA
HA
HA
RBQ
HA
HA
52.
1SS2.
1SS2.
1552.
209-001
215-070
215-071
215-071
Qualified Products— End Items
(APR 1984).
EPA source Evaluation and
Selection Procedures— Negotiated
Procurement (APR 1984).
Evaluation Factors for Award (APR
1984).
evaluation Factors for Award (APR
1984) ALTERNATE I (APR 1984).
NOTE: The following clauses, EPS2.215-977, BPS2.215-978, or EP52.215-979, may
be used instead of 1552.215-071 or its ALTERNATE I until EPAAR is revised.
[••] N HA HA HA BPS2. 215-977 Evaluation Factors for Award-
Technical Quality More Important
Than Cost or Price (AOG 1984).
[•*] M HA HA HA BPS2. 215-978 Evaluation Factors for Award-
Cost or Price More Important Than
Technical Quality Provided An
Offerer's Technical Proposal
Meets the Minimum Needs of the
Government (AOG 1984).
•• M — HA HA EPS2. 215-979 Evaluation Factors for Award—
Fixed-Price Contracts for
Commercial Supplies or Services
(AOG 1984).
•• M — — HA 52. 217-003 Evaluation Exclusive of Options
(APR 1984).
•• M — — HA 52. 217-004 Evaluation of Options Exercised
at Time of Contract Award (APR
1984).
•• N HA 52. 217-005 Evaluation of Options (APR 1984).
•* M HA HA HA 1552. 217-070 Evaluation of Contract Options
(APR 1984).
** M HA 52. 247-047 Evaluation—F.o.b. origin (APR
1984).
** M HA HA HA 52. 247-053 Freight Classification
Description (APR 1984).
TN-3 BUILDER CHECKLIST 4—TIME AND MATERIALS (T&M) PAGE 21
AND INDEFINITE TYPE PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
BUILDER CHECKLIST FOR CONSTRUCTION AND ARCHITECT-ENGINEER
PROCUREMENTS
ABBREVIATIONS
TYPE
UCF SEC
REQ
HA
AOV PP CST
NEC PP CST
CR CST
—- Incorporated by reference or full text.
— By Reference
— Full Text
A provision or clause to be incorporated
in •FOU. TEXT* that contains BLANKS that
must be filled before issuance of a
solicitation document or contract. (DOBS
NOT-INCLUDE 'REPS,' "CERTS' OR OTHER
STATEMENTS THAT RESPONDING OPPERORS ARE
TO PILL IN.)
Uniform Contract Format section.
Required.
To be used when applicable.
— Advertised Fixed-Price Construction.
Negotiated Fixed-Price Construction.
Cost-Reimbursement Construction.
Architect-Engineer.
Part
Part
Part
Part
Part
Part
Part
Part
Part IX
Part IZI
Section A,
Section B,
Section C,
Section Dr
Section B,
Section p,
Section G,
Section B,
Section I,
Section J,
Part IV, section K,
Part IV ,section L,
Part XV, section H,
CONTENTS
Solicitation/Contract Form and Contents
Supplies/Services and Prices/Costs
Description/Specifications/Work statement
Packing and Marking
Inspection and Acceptance
Deliveries or Performance
Contract Administration Data
Special Contract Requirements
Contract Clauses
List of Documents, Exhibits, and Other
Attachments
Representations, Certifications, and Other
Statements of the Offerer
Instructions, Conditions, and Notices to
Offerers or Quoters
Evaluation Factors for Award
Note: See Acquisition Handbook, unit 1, volume I Title
Page for a description of this BUILDER CHECKLIST.
TN-3
BUILDER CHECKLIST 5—CONSTRUCTION
AND ARCHITECT-ENGINEER PROCUREMENTS
PAGE 1
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
AOV NEC
UCP PP PP CR
TYPE SBC CST CST CST A-E PROVISIONS/CLAUSES
Pact I, section A, Solicitation/Contract Poem and Contents
NOTE: See PAR Pact S3 foe the solicitation or contcact form to use.
[**] A HA HA HA HA EPS2. 253-100 Solicitation and Contract
Contents (APR 1984).
[**J A HA MA HA HA EPS2. 253-110 Contract Contents (APR
1984).
Pact I, section B, Supplies/Services and Prices/Costs
[**] B HA HA HA HA EPS2. 212-100 Incorporation of Notice of
Award (APR 1984).
[*•] B — HA HA HA EPS2. 212-130 Letter Contract (APR 1984).
*• a WA 1552. 216-070 Award Pee (APR 1984).
** a HA — 1552. 216-071 Date of Incuccence of Cost
(APR 1984).
[•*] a REQ RBQ REQ EPS2. 216-175 Hock To Be Performed and
Contcact PC ice-
Const cuct ion oc A-E
Contcact (APR 1984).
[**] B HA EP52. 216-180 Estimated Cost (APR 1984).
(**] B HA BP52. 216-190 Estimated Cost and Pixed
Pee (APR 1984).
[••] B — — HA — EP52. 216-200 Estimated Cost, Base Pee
and Award Pee (APR 1984).
[*•] B HA HA HA 52. 219-011 Special 8(a) Contcact
Conditions (APR 1984).
[**] B HA HA HA 52. 219-012 Special 8(a) Subcontract
Conditions (APR 1984).
[••] B HA — EP52. 231-110 Othec Direct Costs (APR
1984).
[**] a HA EP52. 232-100 Limitation of Punds (APR
1984).
[*•] B — HA EP52. 232-110 Limitation of Punds—
Coat-Plus-Award-Pee
Contcact (APR 1984).
Pact X, Section C, Description/Specifications/Hork Statement
** C REQ REQ REQ REQ BP52. 210-100 Statement of Hock/
Specifications (AUG 1984).
TN-3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 2
AND ARCHITECT-ENGINEER PROCUREMENTS
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O.S. ENVIRONMENTAL PROTECTION AGENCY ACQOZSZTZON HANDBOOK
AOV NEC
OCP PP PP CR
TYPE SBC CST CST CST A-B PROVISIONS/CLADSES
(••1C HA HA HA HA EPS2. 210-120 Incorporation of
Contractor's Technical
Proposal (APR 1984).
Part lt Section D, Packing and Narking
Part I, Section B, Inspection and Acceptance
[**]B HA HA HA BP52. 246-100 Inspection and Acceptance
(APR 1984).
Part I, Section P, Deliveries or Performance
•• P HA HA HA HA 15S2. 210-070 Reports of Hork (APR 1984),
•• P HA HA HA HA 1552. 210-070 Reports of Hork (APR 1984)
ALTERNATE I (APR 1984).
NOTE: The following clause, BP52.210-970, may be used instead of 1552.210-070
ALTERNATE I until BPAAR is revised.
[*•] P HA HA HA HA EP52. 210-970 Reports Of Hork (AOG 1984)
ALTERNATE I (AUG 1984).
•• p HA HA HA HA 1552. 210-071 Monthly Progress Report-
Short Porm (APR 1984).
•• p — — HA — 1552. 210-072 Monthly Progress Report—
cost-Type contract (APR
1984).
•• P HA HA HA HA 1552. 210-076 Pinal Reports (APR 1984).
NOTE: The following clause, BP52.210-976 or its ALTERNATE I, may be used
instead of 1552.210-076 until BPAAR is revised.
(*•] P HA HA HA HA EP52. 210-976 Pinal Reports (AUG 1984).
[**jp HA HA HA HA EP52. 210-976 Draft Pinal Reports (AUG
1984) ALTERNATE I (AUG
1984).
[**] f ... HA HA HA BPS2. 212-140 Period of Performance (AUG
1984).
TN_3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 3
AND ARCHITECT-ENGINEER PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
ADV NEC
UC? PP pp CR
TYPE SEC CST CST CST A-E PROVISIONS/CLAUSES
[••] p — WA HA WA EPS2. 212-140 Period of Performance (AUG
1984) ALTERNATE I (APR
1984).
[••IP WA WA HA EPS2. 212-150 Period of Performance--
Starting with Effective
Date of Contract (AUG 1984)
[•*] p WA WA WA BP52. 212-150 Period of Performance--
Starting with Effective
Date of Contract (AUG 1984)
ALTERNATE I (AUG 1984).
[**] P HA HA HA HA EP52. 212-160 Delivery Schedule (APR
1984).
Part I, section G, Contract Administration Data
(**] G HA HA HA EP52. 219-105 Subcontracting Program for
Small Business and Small
Disadvantaged Business (APR
1984).
•• G HA HA HA HA EP52. 219-120 Subcontracting Reports-
Small Business and Small
Disadvantaged Business
Concerns (APR 1984).
•* G HA HA REQ HA 1552. 232-070 Application of Prompt
Payment Act—Contracts with
Advance, Progress, or
Provisional Payments (APR
1984).
•• G HA HA HA 1552. 232-071 Application of the Prompt
Payment Act—Contract with
P.o.b. Destination
Deliverables (APR 1984).
»• G HA HA HA HA EPS2. 232-210 Interest on Overdue
Payments (AUG 1984).
•* G REQ REQ REQ REQ EP52. 232-220 Method of Payment (AUG
1984).
*• G REQ 1552. 242-070 Indirect Costs (APR 1984).
NOTE: Th« following clause, EP52.242-970 or its ALTERNATE I, may be used
instead of 1552.242-070 until EPAAR is revised.
[••] G RBQ EPS2. 242-970 Indirect Costs (AUG 1984).
[••] G HA EPS2. 242-970 Indirect Costs (AUG 1984)
ALTERNATE I (AUG 1984).
TN-3 BUILDER CHECKLIST S—CONSTRUCTION PAGE 4
AND ARCHITECT-ENGINEER PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
[*•]
**
**
**
**
UCP
SBC
G
G
G
G
G
G
G
G
G
ADV
PP
CST
RBQ
REQ
HA
HA
HA
HA
HA
HA
HA
NEC
PP
CST
REQ
REQ
HA
HA
HA
HA
HA
HA
HA
Part I,
H
H
H
H
H
H
H
H
H
...
REQ
HA
HA
HA
HA
HA
HA
HA
...
RBQ
HA
HA
HA
HA
HA
HA
HA
CR
CST
REQ
REQ
HA
HA
HA
HA
HA
HA
REQ
Section
__
RBQ
HA
HA
HA
HA
HA
HA
HA
A-B
REQ
RBQ
HA
...
HA
HA
HA
HA
HA
H,
HA
REQ
HA
HA
HA
HA
HA
HA
HA
EP52.
52.
EP52.
1552.
1552.
EPS 2.
EPS 2.
BP52.
EPS 2.
Special
1552.
1552.
1552.
1552.
1552.
1552.
1552.
1552.
1552.
242-100
243-007
244-100
245-070
245-071
245-110
245-120
245-130
245-140
Contract
208-070
209-071
227-071
227-071
227-072
227-074
228-070
228-071
228-072
PROVISIONS/CLAUSES
Contract Administration
Representatives (AUG 1984).
Notification of Changes
(APR 1984).
Subcontract Consent (APR
1984).
Decontamination of
Government Property (APR
1984).
Government-Furnished Data
(APR 1984).
Government Property-
Residual Inventory (APR
1984).
Government-Furnished
Property (AUG 1984).
Government Property-
Facilities Use (APR 1984).
Designation of Property
Administrator (APR 1984).
Requirements
Printing (APR 1984).
Organizational Conflicts of
Interest (APR 1984).
Rights in Data— General
(APR 1984).
Rights in Data— General
(APR 1984). ALTERNATE I
(APR 1984). (APR 1984).
Rights in Data— Special
Horks (APR 1984).
Additional Data
Requirements (APR 1984).
Insurance— Liability to
Third Persons— Commercial
Organizations (APR 1984).
Insurance— Liability to
Third Persons— state or
Local Governments (APR
1984).
Insurance— Liability to
Third Persons— Commercial
Organizations (Emergency)
(APR 1984).
TN-3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 5
AND ARCHITECT-ENGINEER PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
*•
[**)
••
**
• *
*•
*•
**
[**]
UCF
SBC
H
a
a
H
B
a
a
a
a
ADV
FP
CST
MA
HA
REQ
...
...
...
MA
...
MA
NEC
PP
CST
MA
MA
REQ
_.
HA
...
HA
...
HA
CR
CST
MA
_-
REQ
REQ
HA
HA
MA
REQ
HA
Pact XX,
[**1
*
*
*
*
*
•
•
•
[••]
i
i
i
X
X
X
I •
I
I
X
REQ
REQ
REQ
REQ
REQ
HA
MA
—
MA
REQ
REQ
REQ
REQ
RBQ
REQ
MA
MA
MA
MA
REQ
RBQ
REQ
RBQ
RBQ
RBQ
HA
MA
HA
HA
...
A-E
HA
...
...
...
HA
...
HA
...
HA
1552
52
1552
1552
1552
1552
1552
1552
EPS2
Section X,
REQ
REQ
RBQ
RBQ
REQ
HA
HA
HA
HA
...
52
52
52
52
52
52
52
52
52
52
. 228-073
. 236-004
. 236-070
. 237-071
. 237-072
. 237-073
. 237-074
. 245-072
. 252-110
Contract
. 252-002
. 202-001
. 203-001
. 203-003
. 203-005
. 204-001
. 204-002
. 204-002
. 207-003
. 212-003
PROVISIONS/ CLAUSES
Insurance— Liability to
Third Persons—state or
Local Governments
(Emergency) (APR 1984).
Physical Data (APR 1984).
Samples and Certificates
(APR 1984).
Technical Direction (APR
1984).
Key Personnel (APR 1984).
Consultant Services and
Consent (APR 1984).
Publicity (APR 1984).
Fabrication or Acquisition
of Nonexpendable Property
(APR 1984).
Special Contract
Requirements Incorporated
By Reference (AOG 1984).
Clauses
Clauses incorporated by
Reference (APR 1984).
Definitions (APR 1984).
ALTERNATE X (APR 1984).
Officials Not to Benefit
(APR 1984).
Gratuities (APR 1984).
Covenant Against Contingent
Fees (APR 1984).
Approval of Contract (APR
1984).
Security Requirements (APR
1984).
Security Requirements (APR
1984). ALTERNATE IX (APR
1984).
Right of First Refusal of
Employment (APR 1984).
Commencement, Prosecution,
and Completion of Work (APR
1984).
TN-3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 6
AND ARCHITECT-ENGINEER PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
AOV NEC
OCP PP PP CR
TYPE SBC CST CST CST A-B PROVISIONS/CLAUSES
[•*] I HA HA — 52. 212-003 Commencement, Prosecution,
and Completion of work (APR
1984). ALTERNATE I (APR
1984).
[••] I HA HA — 32. 212-005 Liquidated Damages-
Construction (APR 1984).
[••] I HA HA — 52. 212-005 Liquidated Damages-
Construction (APR 1984).
ALTERNATE Z (APR 1984).
• I HA HA — — 52. 212-006 Time Extensions (APR 1984).
• I HA HA — 52. 212-011 Variation in Estimated
Quantity (APR 1984).
• I REQ RBQ — REQ 52. 212-012 Suspension of Hork (APR
1984).
• I HA — — 52. 214-026 Audit—Formal Advertising
(APR 1984).
* I HA — — 52. 214-027 Price Reduction for
Defective Cost or Pricing
Data— Modifications—Formal
Advertising (APR 1984).
* I HA — — — 52. 214-028 Subcontractor Cost or
Pricing
Data—Modifications—Formal
Advertising (APR 1984).
• I RBQ RBQ RBQ 52. 215-001 Examination of Records by
Comptroller General (APR
1984).
* I RBQ RBQ REQ 32. 215-002 Audit—Negotiation (APR
1984).
• I RBQ RBQ RBQ 52. 215-022 Price Reduction for
Defective Cost or Pricing
Data (APR 1984).
* i — RBQ RBQ RBQ 52. 215-023 Price Reduction for
Defective Cost or Pricing
Data—Modifications (APR
1984).
• I RBQ RBQ RBQ 52. 215-024 Subcontractor Cost or
Pricing Data (APR 1984).
* I — RBQ RBQ RBQ 52. 215-025 Subcontractor Cost or
Pricing Data—Modifications
(APR 1984).
• i _ — RBQ HA 52. 215-030 Facilities Capital Cost of
Money (APR 1984).
* I ... HA HA 52. 213-031 Waiver of Facilities
Capital Cost of Money (APR
1984).
TN-3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 7
AND ARCHITECT-ENGINEER PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
(**J
[*•)
[**]
I")
OCP
SBC
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
ADV NEC
PP PP
CST CST
-r-mm ...
— ...
... —
— —
— ...
... ...
HA
HA
HA
— ...
RBQ RBQ
HA
HA —
HA
RBQ RBQ
RBQ RBQ
HA HA
HA HA
CR
CST
RBQ
—
HA
HA
HA
HA
HA
HA
HA
HA
RBQ
HA
...
HA
RBQ
RBQ
HA
HA
A-B
HA
HA
...
HA
HA
HA
HA
HA
HA
HA
RBQ
HA
...
HA
REQ
RBQ
HA
HA
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
216-007
216-008
216-009
216-010
216-011
216-012
216-023
216-024
216-025
216-026
219-008
219-009
219-009
219-010
219-013
220-003
220-004
222-001
PROVISIONS/ CLAUSES
Allowable Cost and Payment
(APR 1984).
Pixed-Pee (APR 1984).
Pixed-Pee— Construction
(APR 1984).
Incentive Pee (APR 1984).
Cost Contract— No Pee (APR
1984).
Cost-Sharing Contract— No
Pee (APR 1984).
Execution and Commencement
of Work (APR 1984).
Limitation of Government
Liability (APR 1984).
Contract Definitization
(APR 1984).
Payments of Allowable Costs
Before Definitization (APR
1984).
Utilization of Small
Business Concerns and small
Disadvantaged Business
Concerns (APR 1984).
Small Business and small
Disadvantaged Business
Subcontracting Plan (APR
1984).
Small Business and Small
Disadvantaged Business
Subcontracting Plan (APR
1984). ALTERNATE I (APR
1984).
Incentive Subcontracting
Program for small and Small
Disadvantaged Business
Concerns (APR 1984).
Utilization of Homen-Owned
Small Businesses (APR 1984).
Utilization of Labor
Surplus Area Concerns (APR
1984).
Labor surplus Area
Subcontracting Program (APR
1984).
Notice to the Government of
Labor Disputes (APR 1984).
TN-3 BUILDBR CHECKLIST 5—CONSTRUCTION PAGE 8
AND ARCHITECT-ENGINEER PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
(JCF
SBC
I
I
ADV
FP
CST
REQ
WA
NEG
PP
CST
REQ
HA
CR
CST A-B
WA
REQ REQ
WA
^M
52.
52.
52.
222-002
222-003
222-020
PROVISIONS/CLAUSES
Payment for Overtime
Premiums (APR 1984).
Convict Labor (APR 1984).
Halsh-Healey Public
TYPE
l**l
Contracts Act (APR 1984).
[••I I REQ REQ REQ -— 52. 222-023 Notice of Requirement for
Affirmative Action to
Ensure Equal Employment
Opportunity (APR 1984).
• I RBQ REQ RBQ REQ 52. 222-026 Equal Opportunity (APR
1984).
[**1 I HA HA HA HA 52. 222-026 Equal Opportunity (APR
1984). ALTERNATE I (APR
1984).
* I REQ REQ REQ 52. 222-027 Affirmative Action
Compliance Requirements for
Construction (APR 1984).
• I HA HA HA 52. 222-028 Equal Opportunity Preaward
Clearance of Subcontracts
(APR 1984).
• I REQ REQ REQ RBQ 52. 222-035 Affirmative Action for
Special Disabled and
Vietnam Bra Veterans (APR
1984).
[••II HA HA HA WA 52. 222-03S Affirmative Action for
Special Disabled and
Vietnam Bra Veterans (APR
1984). ALTERNATE I (APR
1984).
• I REQ RBQ RBQ REQ 52. 222-036 Affirmative Action for
Handicapped workers (APR
1984).
[••II WA HA HA HA 52. 222-036 Affirmative Action for
Handicapped Workers (APR
1984). ALTERNATE I (APR
1984).
*• x — - — — HA BPS2. 222-100 Contract Work Hours and
safety Standards Act-
Overtime Compensation (40
U.S.C. 327-333) (APR 1984).
• • i _ — — HA EP52. 222-110 Contract Work Hours and
Safety standards Act-
Overtime
Compensation—Firefighters
and Fireguards (APR 1984).
• • x — — — WA EP52. 222-120 Payrolls and Basic Records
(APR 1984).
TN_3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 9
AND ARCHITECT-ENGINEER PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
OCP
TYPE SBC
•• I
•• I
•• I
•* I
•• I
•• I
•• I
•• I
•• I
** I
•• I
• I
• I
• I
• I
• I
• I
[••1 I
ADV
PP
CST
RBQ
REQ
RBQ
RBQ
RBQ
RBQ
RBQ
RBQ
RBQ
REQ
RBQ
HA
HA
RBQ
RBQ
RBQ
HA
HA
NEC
PP
CST
RBQ
REQ
RBQ
RBQ
REQ
RBQ
REQ
RBQ
RBQ
RBQ
RBQ
HA
HA
RBQ
RBQ
RBQ
HA
HA
CR
CST A-B
RBQ
RBQ
RBQ
RBQ
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REQ
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REQ
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HA HA
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—
BP52
BP52
BPS2
EPS 2
EPS 2
BPS2
EP52
BPS2
BP52
EPS 2
EPS2
52
52
52
52
52
52
52
. 222-130
. 222-140
. 222-150
. 222-160
. 222-170
. 222-180
. 222-190
. 222-200
. 222-210
. 222-220
. 222-230
. 223-002
. 223-003
. 225-005
. 227-001
. 227-002
. 227-004
. 227-004
PROVISIONS/CLAUSES
Davis-Bacon Act (40 O.s.C.
276a-276a-7) (APR 1984).
Contract Hock Hours and
Safety standards Act-
Over tioe Compensation
(Construction) (40 o.s.c.
327-333) (APR 1984).
Apprentices and Trainees
(APR 1984).
Payrolls and Basic Records
(Construction) (APR 1984).
Compliance with Copeland
Act Requirement (APR 1984).
Withholding (APR 1984).
Subcontracts (Construction)
(APR 1984).
Contract Termination)
Determent (APR 1984).
Disputes Concerning Labor
Standards (APR 1984).
Compliance with Davis-Bacon
and Related Act
Requirements (APR 1984).
Certification of
Eligibility (APR 1984).
Clean Air and Hater (APR
1984).
Hazardous Material
Identification and Material
safety Data (APR 1984).
Buy American Act-
Construction Materials (APR
1984).
Authorization and Consent
(APR 1984).
Notice and Assistance
Regarding Patent and
Copyright Infringement (APR
1984).
Patent Indemnity —
Construction Contracts (APR
1984).
Patent Indemnity-
Construction Contracts (APR
1984). ALTERNATE X (APR
1984).
TN-3
BOILDBR CHECKLIST 5—CONSTRUCTION
AND ARCHITECT-ENGINEER PROCUREMENTS
PAGE 10
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
!YPE
•^•^M
•
•
•
*
•
•
*
•
•
*
•
*
•
•
•
*
•
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UCF
SBC
I
I
X
I
I
I
I
I
I
I
I
I
I
I
I
I
I
X
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ADV
FP
CST
HA
HA
HA
HA
HA
HA
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52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
227-005
227-008
227-009
227-010
228-001
228-002
228-004
228-005
229-002
229-003
229-004
229-005
230-003
230-004
230-005
232-005
232-009
232-010
232-012
PROVISIONS/CLAUSES
Haiver of Indemnity (APR
1984).
Reporting of Royalties
(Foreign) (APR 1984).
Refund of Royalties (APR
1984).
Filing of Patent
Applicat ions— C lass if ied
Subject Matter (APR 1984).
Bid Guarantee (APR 1984).
Additional Bond Security
(APR 1984).
Horkers' Compensation and
Har-Hazard Insurance (APR
1984).
Insurance— Work on a
Government Installation
(APR 1984).
North Carolina State and
Local Sales and Use Tax
(APR 1984).
Federal, state, and Local
Taxes (APR 1984).
Federal, State, and Local
Taxes (Noncompetitive
Contract) (APR 1984).
Taxes— Contracts Performed
in U.S. Possessions or
Puerto Rico (APR 1984).
Cost Accounting standards
(APR 1984).
Administration of Cost
Accounting Standards (APR
1984) .
Disclosure and Consistency
of Cost Accounting
Practices (APR 1984).
Payments under Fixed-Price
Construction Contracts (APR
1984).
Limitation on Hithholding
of Payments (APR 1984).
Payments under Fixed-Price
Architect-Engineer
Contracts (APR 1984).
Advance Payments (APR 1984)
TN-3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 11
AND ARCHITECT-ENGINEER PROCUREMENTS
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U.S. ENVIRONMENTAL PROTECTIOH AGENCY ACQUISITION HANDBOOK
AOV NBG
OCP PP pp CR
TYPE SEC CST CST CST A-E PROVISIONS/CLAUSES
•* I HA HA HA HA 52. 232-012 Advance Payments (APR
1984). ALTERNATE X (APR
1984).
(•*] I HA HA 52. 232-012 Advance Payments (APR
1984). ALTERNATE II (APR
1984).
I**] I HA HA HA HA 52. 232-012 Advance Payments (APR
1984). ALTERNATE III (APR
1984).
•* I HA HA HA HA 52. 232-012 Advance Payments (APR
1984). ALTERNATE IV (APR
1984).
• I HA HA HA 52. 232-016 Progress Payments (APR
1984).
• I HA HA HA 52. 232-016 Progress Payments (APR
1984). ALTERNATE I (APR
1984).
I**] I HA HA HA 52. 232-016 Progress Payments (APR
1984). ALTERNATE II (APR
1984).
• I RBQ RBQ RBQ RBQ 52. 232-017 Interest (APR 1984).
* I — HA HA 52. 232-020 Limitation of Cost (APR
1984).
• i HA HA 52. 232-022 Limitation of Punds (APR
1984).
• I REQ RBQ RBQ RBQ 52. 232-023 Assignment of Claims (APR
1984).
• I HA HA HA HA 52. 232-023 Assignment of Claims (APR
1984). ALTERNATE I (APR
1984).
* I HA HA HA HA 52. 232-024 Prohibition of Assignment
of Claims (APR 1984).
* I HA HA HA HA 1552. 232-072 Application of the Prompt
Payment Act—Contract with
P.o.b. origin Deliverables
(APR 1984).
NOTE: A Disputes clause is required for each EPA solicitation and contract.
It is EPA policy to use the PAR clause alternate in most cases. The basic PAR
clause can b« used when circumstances warrant. The following notations
adjacent to these Disputes clauses reflect the EPA policy. USB ONLY ONE
DISPUTES CLAUSE IN A GIVEN SOLICITATION OR CONTRACT.
* I HA HA HA HA 52. 233-001 Disputes (APR 1984).
• I REQ REQ RBQ RBQ 52. 233-001 Disputes (APR 1984).
ALTERNATE I (APR 1984).
TN-3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 12
AND ARCHITECT-ENGINEER PROCUREMENTS
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O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPB
UCP
SBC
ADV
PP
CST
NBG
PP
CST
CR
CST
A-E
(**] I RBQ RBQ
• I RBQ RBQ
* I RBQ RBQ
* I RBQ RBQ
* I RBQ RBQ
• I RBQ RBQ
I
I
I
I
I
I
RBQ RBQ
RBQ RBQ
I
I
I
I
I
RBQ
RBQ
RBQ
RBQ
HA
REQ
RBQ
RBQ
RBQ
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA —
RBQ
I RBQ
I RBQ
I RBQ RBQ
PROVISIONS/CLAUSES
52. 236-001 Performance of Hock by the
Contractor (APR 1984).
52. 236-002 Differing Site Conditions
(APR 1984).
52. 236-003 Site Investigation and
Conditions Affecting the
Work (APR 1984).
52. 236-005 Material and Workmanship
(APR 1984).
52. 236-006 Superintendence by the
Contractor (APR 1984).
52. 236-007 Permits and
Responsibilities (APR 1984).
52. 236-008 Other Contracts (APR 1984).
52. 236-009 Protection of Existing
Vegetation, Structures,
Equipment, Utilities, and
Improvements (APR 1984).
52. 236-010 Operations and Storage
Areas (APR 1984).
52. 236-011 Use and Possession Prior to
Completion (APR 1984).
52. 236-012 Cleaning Op (APR 1984).
52. 236-013 Accident Prevention (APR
1984).
52. 236-013 Accident Prevention (APR
1984). ALTERNATE I (APR
1984).
52. 236-014 Availability and Oae of
Utility Services (APR 1984).
52. 236-015 Schedules for Construction
Contracts (APR 1984).
52. 236-016 Quantity Surveys (APR 1984).
52. 236-016 Quantity surveys (APR
1984). ALTERNATE I (APR
1984).
52. 236-017 Layout of Work (APR 1984).
52. 236-018 Work oversight in Cost-
Reimbursement Construction
Contracts (APR 1984).
52. 236-019 Organization and Direction
of the Work (APR 1984).
52. 236-020 Special Requirements (APR
1984).
52. 236-021 Specifications and Drawings
for Construction (APR 1984).
TN-3
BUILDER CHECKLIST 5—CONSTRUCTION
AND ARCHITECT-ENGINEER PROCUREMENTS
PAGE 13
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
ADV MEG
UCP PP PP CR
TYPB SBC CST CST CST A-B PROVISIONS/CLAUSES
* I HA HA — 52. 236-021 Specifications and Drawings
for Construction (APR
1984). ALTERNATE I (APR
1984).
!••] I HA HA —- 52. 236-021 Specifications and Drawings
for Construction (APR
1984). ALTERNATE II (APR
1984).
[*•] i RBQ 52. 236-022 Design Hithin Punding
Limitations (APR 1984).
* I RBQ 52. 236-023 Responsibility of the
Architect-Engineer
Contractor (APR 1984).
• I RBQ 52. 236-024 Hork Oversight in
Architect-Engineer
Contracts (APR 1984).
• i ... — — RBQ 52. 236-025 Requirements for
Registration of Designers
(APR 1984).
* i RBQ HA 52. 242-001 Notice of Intent to
Disallow costs (APR 1984).
• I HA HA HA HA 52. 242-010 P.o.b. Origin—Government
Bills of Lading or Prepaid
Postage (APR 1984).
• I HA HA HA HA 52. 242-011. p.o.b. Origin—Government
Bills of Lading or Indicia
Mail (APR 1984).
• i — ... RBQ 52. 243-001 Changes—Pixed-Pr ice (APR
1984). ALTERNATE III (APR
1984).
• I — ... RBQ -~ 52. 243-002 Changes—Cost-Reimbursement
(APR 1984). ALTERNATE III
(APR 1984).
• I RBQ RBQ 52. 243-004 Changes (APR 1984).
• I HA HA 52. 243-005 Changes and Changed
Conditions (APR 1984).
• I HA HA — 52. 244-001 Subcontracts Under Pixed-
Price Contracts (APR 1984).
[••] I HA HA — — 52. 244-001 Subcontracts Under Pixed-
Pr ice Contracts (APR
1984). ALTERNATE I (APR
1984).
• i — RBQ — 52. 244-002 Subcontracts Under Cost-
Reimbursement and Letter
Contracts (APR 1984).
• i — RBQ 52. 244-004 Subcontractors and Outside
Associates and Consultants
(APR 1984).
TN-3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 14
AND ARCHITECT-ENGINEER PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
AOV NB6
OCP PP ?P CR
TYPE SBC CSt CST CSX A-B PROVISIONS/CLAUSES
• Z RBQ REQ RBQ — 52. 244-005 Competition in
Subcontracting (APR 1984).
* i HA HA HA HA 52. 245-001 Property Records (APR 1984),
• I HA HA — 52. 245-002 Government Property (Fixed-
Price Contracts) (APR 1984).
* z HA 52. 245-003 Identification of
Governnent-Purnished
Property (APR 1984).
• I HA HA HA —- 52. 245-004 Government-Furnished
Property (Short Form) (APR
1984).
* i MA 52. 245-009 Ose and Charges (APR 1984).
• I HA 52. 245-018 Special Test Equipment (APR
1984).
* I HA HA HA — 52. 245-019 Government Property
Furnished 'As Is' (APR
1984).
• I RBQ RBQ — — 52. 246-012 Inspection of Construction
(APR 1984).
• I HA HA — 52. 246-021 Warranty of Construction
(APR 1984).
• I HA HA —- — 52. 246-021 Warranty of Construction
(APR 1984). ALTERNATE I
(APR 1984).
• I RBQ RBQ — — 52. 249-002 Termination for Convenience
of the Government
(Fixed-Price) (APR 1984).
ALTERNATE I (APR 1984).
• I HA HA —- —- 52. 249-002 Termination for Convenience
of the Government
(Fixed-Price) (APR 1984).
ALTERNATE XZZ (APR 1984).
* x REQ 52. 249-006 Termination (Cost-
Reimbursement) (APR 1984).
• I — — RBQ — 52. 249-006 Termination (Cost-
Reimbursement) (APR 1984).
ALTERNATE Z (APR 1984).
* I _ —- HA 52. 249-006 Termination (Cost-
Reimbursement) (APR 1984).
ALTERNATE ZZZ (APR 1984).
* X — — ... HA 52. 249-007 Termination (Fixed-Price
Architect-Engineer) (APR
1984).
• x RBQ RBQ — — 52. 249-010 Default (Fixed-Price
Construction) (APR 1984).
TN.3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 15
AND ARCHITECT-ENGINEER PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
AOV NEC
(JCP PP pp CR
TYPE SBC CST CST CST A-E PROVISIONS/CLAUSES
• I
• I
• I
• I
[••1 I
[••1 I
Part ZZZ
HA HA
... ...
RBQ REQ
... ...
HA HA
HA HA
, Section J,
RBQ
RBQ
HA
HA
HA
List
52.
52.
RBQ 52.
52.
HA 52.
HA 52.
of Documents,
249-010
249-014
251-001
251-002
252-004
252-006
Default (Fixed-Price
Construction) (APR 1984).
ALTERNATE II (APR 1984).
Excusable Delays (APR 1984).
Government Supply Sources
(APR 1984).
Znteragency Motor Pool
Vehicles and Related
Services (APR 1984).
Alterations in contract
(APR 1984).
Authorized Deviations in
Clauses (APR 1984).
Exhibits, and Other Attachments
l**J J RBQ RBQ RBQ RBQ EPS2. 252-100 List of Attachments (APR
1984).
Part IV, section K,
Representations, Certifications, and Other statements of the Offerer
•• K RBQ RBQ — RBQ 52. 203-002 Certificate of Independent
Price Determination (APR
1984).
•* K RBQ RBQ RBQ RBQ 52. 203-004 Contingent Pee
Representation and
Agreement (APR 1984).
** K — HA HA HA 1552. 203-070 Current/Former Agency
Employee Involvement
Certification (APR 1984).
•• K HA HA HA HA 52. 208-002 Jewel Bearings and Related
Items Certificate (APR
1984).
•• K RBQ RBQ RBQ RBQ 1552. 209-072 Organizational Conflict of
Interest Certification (APR
1984).
•* K RBQ — — — 52. 214-002 Type of Business
Organization—Formal
Advertising (APR 1984).
•• K HA — — 52. 214-008 Parent Company and
Identifying Data (APR 1984),
TM-3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 16
AMD ARCHITECT-ENGINEER PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
ADV NBG
ocr PP PP CR
TYPE SBC CST CST CST A-8 PROVISIONS/CLAUSES
•• K HA 52. 214-014 Place of Performance—
Formal Advertising (APR
1984).
•* K RBQ REQ RBQ 52. 215-006 Type of Business
Organization (APR 1984).
** K RBQ RBQ RBQ 52. 215-011 Authorized Negotiators (APR
1984).
•• K HA HA HA 52. 215-019 Period for Acceptance of
Offer (APR 1984).
•• R HA HA HA 52. 215-020 Place of Performance (APR
1984).
** K — RBQ RBQ RBQ 1552. 215-076 General Financial and
Organizational information
(APR 1984).
** K RBQ RBQ RBQ RBQ 52. 219-001 Small Business Concern
Representation (APR 1984).
*• K RBQ RBQ RBQ RBQ 52. 219-002 Small Disadvantage*
Business Concern
Representation (APR 1984).
•• K RBQ RBQ RBQ RBQ 52. 219-003 Woman-Owned small Business
Representation (APR 1984).
•* K HA HA WA HA 52. 220-001 Preference for Labor
Surplus Area Concerns (APR
1984).
•* K HA HA HA 52. 222-019 Halsh-Bealey Public
Contracts Act
Representation (APR 1984).
** K REQ REQ RBQ RBQ 52. 222-022 Previous Contracts and
Compliance Reports (APR
1984).
•• K — RBQ 52. 222-025 Affirmative Action
Compliance (APR 1984).
•* K HA HA HA HA 52. 223-001 Clean Air and Hater
Certification (APR 1984).
•• K HA HA HA HA 52. 223-004 Recovered Material
Certification (APR 1984).
•• K RBQ RBQ RBQ RBQ 1552. 224-070 Social Security Numbers of
Consultants and Certain
Sole Proprietors and
Privacy Act Statement (APR
1984).
[••IK HA HA HA 52. 225-001 Buy American Certificate
(APR 1984).
t**J K HA HA HA HA 52. 227-007 Patents—Notice Of
Government Licensee (APR
1984).
TN-3 BOILDBR CHECKLIST 5—CONSTRUCTION PAGE 17
AND ARCHITECT-ENGINEER PROCUREMENTS
-------
O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
ADV NEC
OCP PP pp
TYPE
••
SBC CST CST
K
— RBQ
CR
CST A-B
RBQ REQ 52.
230-002
PROVISIONS/CLAUSES
Cost Accounting Standards
Notices and Certification
(Nondefense) (APR 1984).
Part IV , section L,
[•*)
[••]
[••]
*•
t**l
•
•
•
•
•
•
•
•
•
•
•
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
Instructions,
RBQ RBQ
HA —
HA
RBQ RBQ
— HA
RBQ
RBQ
RBQ —
HA — —
HA —
HA —
RBQ
RBQ
HA
HA
RBQ
Conditions, and Notices to
REQ RBQ 52.
___ -__ cj
— — -*— — 9 * •
HA HA 52.
RBQ RBQ 1552.
HA HA BPS2.
52.
•-•• — — ™ 3 2 •
— „ Q 1
•••• *— • 9 * •
_, _— „_ e 2
•••• ••• 3 A •
52.
52.
52.
•••• ••• jj 2 •
••• «M^ 3 i •
52.
52.
252-001
207-001
207-002
209-070
212-170
214-001
214-003
214-004
214-005
214-006
214-007
214-011
214-012
214-013
214-017
214-018
Offerers or Quoters
Solicitation Provisions
incorporated by Reference
(APR 1984).
Notice of Cost Comparison
(Advertised) (APR 1984).
Notice of Cost Comparison
(Negotiated) (APR 1984).
Organizational Conflict of
Interest Notification (APR
1984).
Proposed Contract start
Date— Completion Contracts
(AOG 1984).
Solicitation Definitions-
Formal Advertising (APR
1984).
Acknowledgement of
Amendments to Invitations
for Bids (APR 1984).
False statements in Bids
(APR 1984).
Submission of Bids (APR
1984).
Explanation to Prospective
Bidders (APR 1984).
Late submissions,
Modifications, and
Hitbdrawals of Bids (APR
1984).
Order of Precedence— Formal
Advertising (APR 1984).
Preparation of Bids (APR
1984).
Telegraphic Bids (APR 1984).
Affiliated Bidders (APR
1984).
Preparation of Bids-
Construction (APR 1984).
TN-3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 18
AND ARCHITECT-ENGINEER PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
AAV NEG
DC? PP FP CR
TYPE SBC CSX CSX CST A-B PROVISIONS/CLAOSES
* L RZQ — — — 52. 214-019 Contract Award—Formal
Advertising—Construction
(APR 1984).
• L HA 52. 214-022 Evaluation of Bids for
Multiple Awards (APR 1984).
•• L RBQ — — 1552. 214-070 Past Performance (APR 1984).
[*•] L MA HA HA 52. 215-003 Solicitation for
Information or Planning
Purposes (APR 1984).
• L RBQ RBQ RBQ 52. 215-005 Solicitation Definitions
(APR 1984).
• L — REQ RBQ RBQ 52. 215-007 Unnecessarily Elaborate
Proposals or Quotations
(APR 1984).
• L RBQ RBQ RBQ 52. 215-008 Acknowledgement of
Amendments to Solicitations
(APR 1984).
• L RBQ RBQ RBQ 52. 215-009 Submission of Offers (APR
1984).
• L — RBQ RBQ RBQ 52. 215-010 Late Submission,
Modifications, and
Withdrawals of Proposals
(APR 1984).
• L — REQ RBQ RBQ 52. 215-012 Restriction on Disclosure
and Ose of Data (APR 1984).
• L RBQ RBQ RBQ 52. 215-013 Preparation of Offers (APR
1984).
• L RBQ RBQ RBQ 52. 215-014 Explanation to Prospective
Offerers (APR 1984).
* L RBQ RBQ RBQ 52. 215-015 Failure to Submit Offer
(APR 1984).
* L RBQ RBQ RBQ 52. 215-016 Contract Award (APR 1984).
• L HA HA HA 52. 215-017 Telegraphic Proposals (APR
1984).
* L — RBQ RBQ RBQ 52. 215-018 Order of Precedence (APR
1984).
** L -—RBQ RBQ — 1552. 215-072 Past Performance (APR 1984).
•• L — RBQ RBQ 1552. 215-073 Instructions for the
Preparation of Technical
and Cost or Pricing
Proposals (APR 1984).
NOTE: The following clauses, BP52.215-980 or BP52.215-981, may be used instead
of 1552.215-073 until EPAAR is revised.
TN-3 BUILDER CHECKLIST 5—CONSTRDCTION PAGE 19
AND ARCHITECT-ENGINEER PROCUREMENTS
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
AOV NEC
OC7 PP PP CR
TYPE SBC CST CST CST A-B PROVISIONS/CLAUSES
[*•] L HA RBQ BP52. 215-980 Instructions for the
Preparation of Technical
and Cost or Pricing
Proposals (AUG 1984).
[•*] L HA —- BPS2. 215-981 Instructions for the
Preparation of Technical
and Pricing Proposals—
Fixed-Price solicitation
(AUG 1984).
•• L — HA HA 1552. 215-074 Cost Proposal Instructions
(APR 1984).
•• L — RBQ RBQ RBQ 1552. 215-075 Additional Representations,
Certifications, and
Statements of Offerers
Whose Proposals Are In the
Competitive Range (APR
1984).
[*•] L —.HA HA BP52. 215-100 Preproposal Conference (APR
1984).
[••] L — REQ RBQ RBQ BP52. 215-110 Technical Questions (APR
1984).
[*•] L HA BP52. 215-140 Base Pee and Award Pee
Proposal (AUG 1984).
[*•] t —- REQ REQ RBQ 52. 216-001 Type of Contract (APR 1984).
• L HA HA HA HA 52. 219-005 Notice Of Total Small
Business-Labor Surplus Area
Set-Aside (APR 1984).
• L HA HA HA HA 52. 219-006 Notice of Total Small
Business set-Aside (APR
1984).
* L HA HA HA HA 52. 219-007 Notice of Partial Small
Business set-Aside (APR
1984).
[••] L HA HA HA — BPS2. 219-100 Set-Aside/Size standard
information (AUG 1984).
[**] L HA HA HA HA EP52. 219-125 Submission of Offerer's
Small Business and Small
Disadvantaged Business
Subcontracting Plan (SEP
1984).
* L HA HA HA HA 52. 220-002 Notice of Total Labor
Surplus Area Set-Aside (APR
1984).
• L RBQ RBQ RBQ RBQ 52. 222-021 Certification of
Nonsegregated Facilities
(APR 1984).
TN-3 BUILDER CHECKLIST 5—CONSTRUCTION PAGE 20
AND ARCHITECT-ENGINEER PROCUREMENTS
-------
0.5. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
OCP
TYPE SBC
* L
• L
• L
•• L
•* L
• L
• L
* L
** L
[**] L
[••] L
ADV NBG
PP PP CR
CST CST CST A-B
HA HA 52.
___ ___ --• u& 52
— •»• ~ njl w * .
___ _ urn BJ
— — — ••• — — yjjl 3 * .
WA RBQ REQ RBQ 52.
WA WA WA WA 1552.
WA WA WA 52.
U& ™ —- » K?
vwn ™ — ^^^ w * •
WA — — - — 52 •
WA ••• «^^ «^w i 5 5 * •
WA WA WA WA S2.
WA WA WA WA 52.
222-024
222-045
222-046
227-006
227-070
232-013
232-014
232-015
236-071
252-003
252-005
PROVISIONS/CLAUSES
Preaward On-Site Equal
Opportunity Compliance
Review (APR 1984).
Notice of Compensation for
Professional Employees (APR
1984).
Evaluation of Compensation
for Professional Employees
(APR 1984).
Royalty of Information (APR
1984).
Notification of
Limited-Rights Data and
Restricted Computer
Software (APR 1984).
Notice of Progress Payments
(APR 1984).
Notice of Availability of
Progress Payments
Exclusively for small
Business concerns (APR
1984).
Progress Payments Not
Included (APR 1984).
Additive or Deductive Items
(APR 1984).
Alterations in Solicitation
(APR 1984).
Authorized Deviations in
Provisions (APR 1984).
Part IV, section M, Evaluation Factors for Award
•* M WA
•• M
RBQ RBQ —
•« M WA WA WA
1552. 214-071 Contract Award—Other
factors—Formal Advertising
(APR 1984).
1552. 215-070 EPA Source Evaluation and
Selection Procedures-
Negotiated Procurement (APR
1984).
1552. 215-071 Evaluation Factors for
Award (APR 1984).
TN-3
BOILDER CHECKLIST 5—CONSTRUCTION
AND ARCHITECT-ENGINEER PROCUREMENTS
PAGE 21
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
OCP
SBC
AOV
99
CSS
MEG
?P
CST
CR
CST
A-B
PROVISIONS/CLAUSES
NOTE: The following clauses, BP52.215-977, BP52.215-978, or EP52.215-979, may
be used instead of 15S2.215-071 or its ALTERNATE I until EPAAR is revised.
[••] M MA WA
[••] H
HA
EPS2. 215-977
EP52. 215-978
** M
•* H HA
HA
EP52. 215-979
1552. 215-071
Evaluation Factors for
Award—Technical Quality
More Important Than Cost or
Price (AUG 1984).
Evaluation Factors for
Award—Cost or Price More
Important Than Technical
Quality Provided An
Offerer's Technical
Proposal meets the Minimum
Needs of the Government
(AOG 1984).
Evaluation Factors for
Award—Fixed-Pr ice
Contracts for Commercial
Supplies or Services (AUG
1984).
Evaluation Factors for
Award (APR 1984) ALTERNATE
Z (APR 1984).
TN-3
BUILDER CHECKLIST 5—CONSTRUCTION
AND ARCHITECT-ENGINEER PROCUREMENTS
PAGE 22
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U.S. ENVIRONMENTAL PROTECTION AGENCY
BUILDER CHECKLIST FOR ADP RESOURCES PROCUREMENTS
ABBREVIATIONS
TYPE ——————————— Incorporated by reference or full text.
• —— — ...._—..—...___. By Reference
*• Pull text
[••] —————————— A provision or clause to be incorporated
in 'PULL TEXT' that contains BLANKS that
must be filled before issuance of a
solicitation document or contract. (DOES
NOT INCLUDE 'REPS,* 'CERTS' OR OTHER
STATEMENTS THAT RESPONDING OPPBRORS ARE
TO PILL IN.)
OCP SEC —————— Uniform Contract Pormat Section.
REQ ————————— Required.
WA To be used when applicable.
NEG PP ADP SYS Negotiated Pixed-Price Systems (Supplies
and Services).
NEC PP ADP SVC Negotiated Pixed-Price ADP Services.
NEC PP ADP MNT Negotiated Pixed-Price ADP Maintenance.
CR ADP SVC ————— Cost-Reimbursement ADP Services.
CR ADP MNT ———-——— Cost-Reimbursement ADP Maintenance.
Part
Part
Part
Part
Part
Part
Part
Part
Part II
Part III
CONTENTS
Section A, Solicitation/Contract Porm and Contents
Section B, Supplies/Services and Prices/Costs
Section C, Description/Specifications/Work Statement
Section D, Packing and Marking
Section B, Inspection and Acceptance
Section F, Deliveries or Performance
Section G, Contract Administration Data
Section B, special Contract Requirements
Section I, Contract Clauses
Section J, List of Documents/ Exhibits, and Other
Attachments
Part IV, Section K, Representations, Certifications, and Other
Statements of the Offerer
Part IV ,Section L, Instructions, Conditions, and Notices to
Offerers or Quoters
Part IV, Section M, Evaluation Pactors for Award
Note: See Acquisition Handbook, Unit 1, Volume I Title
Page for a description of this BUILDER CHECKLIST.
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 1
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U.S. ENVIRONMENTAL PROTECTIOH AGENCY ACQUISITION HANDBOOK
NEC NEC
PP PP PP CR CR
(1C? AOP AOP AOP AOP AOP
TYPE SBC SYS SVC MMT SVC MNT PROVISIONS/CLAUSES
Part I, Section A, Solicitation/Contract Porn and Contents
NOTE: See PAR Part 53 for the solicitation or contract fora to use.
[••] A WA WA WA WA WA EPS2. 253-100 Solicitation and
Contract Contents (APR
1984).
[•*] A HA WA HA HA HA BPS2. 253-110 Contract Contents (APR
1984).
Part I, Section B, Supplies/Services and Prices/Costs
[••] B — HA HA 1552. 212-070 Level of Effort
Coat-Reimbursement Term
Contract (APR 1984).
MOTE: The following clause, BP52.212-970, may be used instead of 1552.212-070
until EPAAR is revised.
*• B — — HA HA BP52. 212-970 Level of Effort—
Cost-Reimbursement Term
Contract (AOG 1984).
[••] B — HA HA 1552. 212-071 Work Assignments (APR
1984).
NOTE: The following clause, BPS2.212-971, may be used instead of 1552.212-071
until BPAAR is revised.
•• B — — WA HA BP52. 212-971 Work Assignments (AOG
1984).
[••] B WA HA WA HA WA EPS2. 212-100 Incorporation of Notice
of Award (APR 1984).
[••J B WA WA WA WA HA BPS2. 212-110 Incorporation of Notice
to Proceed (APR 1984).
[••] B HA HA WA WA WA BP52. 212-130 Letter Contract (APR
1984).
** B — WA HA 1552. 216-070 Award Pee (APR 1984).
•* B — — — HA HA 1552. 216-071 Date of Incurrence of
Cost (APR 1984).
[••IB WA WA WA — — BP52. 216-160 Consideration and
Payment—Total Pixed
Price (APR 1984).
[••IB WA WA WA — — BP52. 216-170 Consideration and
Payment—Itemized Pixed
Prices (AOG 1984).
Tti-3 BUILDER CHECKLIST 6—AOP RESOURCES PAGE 2
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
[**]
[*•]
[**]
NEC
PP
UCP AOP
SBC SYS
B •••
B —
9 •»•»•»
B HA
B HA
B «•»•
n ••«
B ••»•»
Part I,
NEC NEG
PP PP CR
AOP ADP AOP
SVC MNT SVC
— HA
_____ _ _ _ urn
^"™ •»•»•» ffIA
— — HA
HA HA HA
HA HA HA
— — HA
— — HA
— — HA
CR
AOP
MOT
HA
HA
HA
HA
HA
HA
HA
HA
PROVISIONS/CLAUSES
BP52.
EPS2.
EPS2.
52.
52.
EPS2.
EPS2.
EP52.
216-180
216-190
216-200
219-011
219-012
231-110
232-100
232-110
Estimated Cost (APR
1984).
Estimated Cost and
Pixed Pee (APR 1984).
Estimated Cost, Base
Pee and Award Pee (APR
1984).
Special 8 (a) Contract
Conditions (APR 1984).
Special 8 (a)
Subcontract Conditions
(APR 1984).
Other Direct Costs (APR
1984).
Limitation of Punds
(APR 1984).
Limitation of Punds—
Cost-Plus-Award-Pee
Contract (APR 1984).
Section C, Description/ Specif ications/Hork Statement
*• C REQ RBQ RBQ RBQ REQ EPS2. 210-100 Statement of Work/
Specifications (AOG
1984).
** C HA HA EP52. 210-110 Statement of
Hork—Contract Where
Work Is Ordered by Work
Assignments or Delivery
Orders (APR 1984).
[*•] C HA HA HA HA HA BP52. 210-120 Incorporation of
Contractor's Technical
Proposal (APR 1984).
[••]C HA HA HA HA HA BPS2. 210-130 Incorporation of
Contractor's Quality
Assurance (QA) Project
Plan (APR 1984).
[••1C RBQ BPS2. 239-215 Installation of
Equipment (AOG 84).
Part I, Section D, Packing and Narking
•• D RBQ — — — BPS2. 239-210 Packing and Onpackaging
(AOG 1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 3
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NEC NEG NEC
PP PP PP CR CR
UCP AOP AOP AOP AOP AOP
TYPE SBC SYS SVC NNT SVC MNT PROVISIONS/CLAUSES
[••ID HA HA HA HA HA BP52. 247-100 Shipment and Narking
(APR 1984).
[•*] D HA HA HA HA HA EPS2. 247-110 P.o.b. Point (APR 1984),
Pact I, Section Z, Inspection and Acceptance
*• E REQ — — — — BP52. 239-150 Standard of Performance
and Acceptance of AOP
Equipment (AOG 1984).
•* E HA HA HA HA EPS2. 239-155 Guaranteed Rerun of the
Benchmark Teat (APR
1984).
[**] E HA HA HA HA HA EPS2. 246-100 Inspection and
Acceptance (APR 1984).
Part I, Section P, Deliveries or Performance
*• P HA HA HA HA HA 1552. 210-070 Reports of Hork (APR
1984).
•* P HA HA HA HA HA 1552. 210-070 Reports Of Hork (APR
1984) ALTERNATE I (APR
1984).
NOTE: The following clause, BP52.210-970, may be used instead of 1552.210-070
ALTERNATE I until BPAAR is revised.
[••] P BP52.210-970 Reports of Hork (AOG
1984) ALTERNATE I (AOG
1984).
•• P HA HA HA HA HA 1552. 210-071 Monthly Progress
Report—short Poem (APR
1984).
** P — —- — HA HA 1552. 210-072 Monthly Progress
Report—Cost-Type
Contract (APR 1984).
•* P HA HA HA HA HA 1552. 210-074 Horking Piles (APR
1984).
•* P HA HA HA HA HA 1552. 210-075 Legal Analysis (APR
1984).
•• P HA HA HA HA HA 1552. 210-076 Pinal Reports (APR
1984).
TN-3 BOILDBR CHECKLIST 6—ADP RESOURCES PAGE 4
-------
O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
(1C?
TYPE SBC
NOTE : The
instead of
[*•] P
(**J P
[••] P
I**] P
[*•] P
(**J P
[••] P
(•*] P
[••] P
[**J P
!••] P
[••] P
[*•] P
!••] P
NEC
PP
ADP
SYS
NEC
PP
AOP
SVC
NEC
PP
AOP
MNT
following clause,
1552.
WA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
210-076
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
until
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
~CR
AOP
SVC
EP52.
CR
AOP
MNT
212-976
PROVISIONS/CLAUSES
and
its ALTERNATE I, may be used
BPAAR is revised.
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
BP52
BPS2
52
52
52
52
52
52
52
52
BP52
EPS 2
EPS 2
BP52
. 210-976
. 210-976
. 212-001
. 212-001
. 212-001
. 212-001
. 212-002
. 212-002
. 212-002
. 212-002
. 212-140
. 212-140
. 212-150
. 212-150
Pinal Reports (AUG
1984).
Draft Pinal Reports
(AUG 1984) ALTERNATE I
(AOG 1984).
Time of Delivery (APR
1984).
Time of Delivery (APR
1984). ALTERNATE I
(APR 1984).
Time of Delivery (APR
1984). ALTERNATE II
(APR 1984).
Time of Delivery (APR
1984). ALTERNATE IZZ
(APR 1984).
Desired and Required
Tine of Delivery (APR
1984).
Desired and Required
Time of Delivery (APR
1984). ALTERNATE I
(APR 1984).
Desired and Required
Time of Delivery (APR
1984). ALTERNATE II
(APR 1984).
Desired and Required
Time of Delivery (APR
1984). ALTERNATE III
(APR 1984)
Period of Performance
(AOG 1984).
Period of Performance,
ALTERNATE I (AOG 1984).
Period of
Performance— Starting
with Effective Date of
Contract (AOG 1984).
Period of
Performance—Star t ing
With Effective Date of
Contract, ALTERNATE I
(AOG 1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 5
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
SEC NEC NEC
PP PP PP CR CR
OCP ADP ADP ADP ADP ADP
TYPE SBC SYS SVC MNT SVC MNT PROVISIONS/CLAUSES
(*•] P HA HA HA HA HA EPS2. 212-160 Delivery Schedule (APR
1984).
•• P RBQ RBQ RBQ REQ RBQ EPS2. 239-130 Waiver of Delivery
Schedule (AUG 1984).
•• P RBQ BPS2. 239-180 Transportation of
Equipment (AOG 1984).
[•*] P REQ EPS2. 239-225 Delivery Requirements
and Options (AOG 1984).
** P REQ — — — — EPS2. 239-320 Equipment Replacement
(AOG 1984).
•• P RBQ EPS2. 239-325 Major Pield
Modifications (AOG
1984).
•* P REQ — BPS2. 239-330 Alterations and
Attachments (AOG 1984).
•• P RBQ — — — — EPS2. 239-335 Relocation of Equipment
(AOG 1984).
[**] P RBQ REQ — HA BPS2. 239-340 Response Time (AOG
1984).
[••] P RBQ RBQ — - HA BPS2. 239-345 Maintenance Downtime
Credits (AOG 1984).
[••] P RBQ BP52. 239-350 Machine Replacement
(AOG 1984).
[•*] P RBQ BP52. 239-355 Liquidated Damages of
Temporary Replacement
(AOG 1984).
•• P HA HA HA HA HA 1552. 246-072 Quality Assurance (QA)
Project Plan
Documentation (APR
1984).
I**] P WA 52. 247-033 P.o.b. Origin, with
Differentials (APR
1984).
Pact I, Section G, Contract Administration Data
••6 HA HA HA HA KA BPS2. 204-100 Memorandum of
Understanding (NAS)
(APR 1984).
[•*] G HA HA MA HA HA EPS2. 219-105 Subcontracting Program
for Small Business and
Small Disadvantaged
Business (APR 1984).
TN-3 BOXLDBR CHECKLIST 6—ADP RBSOORCBS PAGE 6
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NBG NEC NEC
PP PP PP CR CR
OCP AOP AOP AOP AOP AOP
TYPE SBC SYS SVC MNT SVC NNT PROVISIONS/CLAUSES
•* G HA HA HA HA HA BPS2. 219-120 Subcontracting
Reports—Small Business
and Small Disadvantaged
Business Concerns (APR
1984).
•* G HA WA HA REQ RBQ 1S52. 232-070 Application of Prompt
Payment Act—Contracts
with Advance, Progress,
or Provisional Payments
(APR 1984).
•• G HA WA HA 1552. 232-071 Application of the
Prompt Payment
Act—Contract with
P.o.b. Destination
Deliverables (APR 1984).
•• G HA HA HA HA HA EPS2. 232-210 Interest on Overdue
Payments (AOG 1984).
•• G RBQ RBQ RBQ RBQ RBQ BPS2. 232-220 Method of Payment (AUG
1984).
•• G REQ RBQ HA BP52. 239-360 Maintenance Invoice and
Payment Procedures (ADG
1984).
•• G RBQ — BP52. 239-365 Rental Invoice and
Payment Procedures (AUG
1984).
** G RBQ BP52. 239-370 Purchase Invoice and
Payment Procedures (AUG
1984).
** G — RBQ RBQ 1552. 242-070 Indirect Costs (APR
1984).
NOTE: The following clause, BPS2.242-970 or its ALTERNATE X, may be used
instead of 1552.242-070 until BPAAR is revised.
[••] G —• — RBQ HA BPS2. 242-970 Indirect Costs (AUG
1984).
[*•] G —- — — HA HA BP52. 242-970 Indirect Costs (AUG
1984) ALTERNATE I (AUG
1984).
[•*] G RBQ RBQ RBQ RBQ RBQ BPS2. 242-100 Contract Administration
Representatives (AUG
1984).
•* G RBQ RBQ RBQ RBQ RBQ 52. 243-007 Notification of Changes
(APR 1984).
[••] G HA HA HA HA HA BPS2. 244-100 Subcontract Consent
(APR 1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 7
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP
TYPE SBC
•• G
[•*] G
l**l G
[•*] G
[**J G
[•*] G
NBG NEC NEG
PP PP PP CR CR
AOP AOP AOP AOP AOP
SYS SVC MNT SVC MNT
WA HA HA HA HA 1552.
MA HA HA HA HA EPS2.
HA HA HA HA HA BPS2.
HA HA HA HA HA EPS2.
HA HA HA HA HA EP52.
HA HA HA REQ RBQ EPS2.
PROVISIONS/CLAUSES
245-071 Government-Purnished
Data (APR 1984).
245-100 Contractor-Acquired
Government Property
(APR 1984).
245-110 Government Property —
Residual Inventory (APR
1984).
245-120 Government-Purnished
Property (AUG 1984).
245-130 Government Property—
Facilities use (APR
1984).
245-140 Designation of Property
Administrator (APR
1984).
Part I, Section a, Special Contract Requirements
•• H HA REQ RBQ RBQ RBQ 1552. 208-070 Printing (APR 1984).
** a REQ REQ RBQ RBQ REQ 1552. 209-071 Organizational
Conflicts of Interest
(APR 1984).
** B HA HA HA HA HA 1552. 213-070 Notice to Suppliers of
Equipment (APR 1984).
•* H HA HA 1552. 217-071 Option To Extend the
Term of the Contract—
Cost-Type Contract (APR
1984).
NOTE: The following clause, BP32.217-971, may be used instead of 1552.217-071
until EPAAR is revised.
[••\ H — — — HA HA BPS2. 217-971 Option To Extend the
Term of the Contract—
Cost-Type Contract (AUG
1984).
[••] H — HA HA 1552. 217-072 Option To Extend the
Term of the Contract--
Cost-Plus-Award-Pee
Contract (APR 1984).
TN-3. BUILDER CHECKLIST 6—ADP RESOURCES PAGE 8
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NEC NEC NEC
n pp PP CR CR
UCF AOP AOP AOP AOP A DP
TYPB SBC SYS SVC MNT SVC MNT PROVISIONS/CLAUSES
NOTE: The following clause, BPS2.217-972, may be used instead of 1552.217-072
until EPAAR is revised.
[*•] B HA HA EPS2. 217-972 Option To Extend the
Term of the Contract—
Cost-Plus-Award-Pee
Contract (AUG 1984).
*• H — HA HA 1552. 217-073 Option for Increased
Quant i ty—Cost-Type
Contract (APR 1984).
NOTE: The following clause, EPS2.217-973, may be used instead of 1552.217-073
until EPAAR is revised.
[••] H HA HA EP52. 217-973 Option for Increased
Quant ity~Cost-Type
Level of Effort
Contract (AUG 1984).
[*•] a HA HA 1552. 217-074 Option for Increased
Quantity—Cost-Plus-Award
-Pee Contract (APR
1984).
NOTE: The following clause, BP52.217-974, may be used instead of 1552.217-074
until EPAAR is revised.
[**] B HA HA EP52. 217-974 Option for Increased
Quantity—Cost-Plus-Award
-Pee Level of Effort
Contract (AUG 1984).
[•*] a HA HA BP52. 217-978 Option for Increased
Quant ity—Cost-Type
Completion Contract
(AUG 1984).
[•*] B HA HA HA HA HA EP52. 217-979 Option TO Renew the
Contract—Services
Contract (AUG 1984).
•• B — HA HA BP52. 217-980 Evaluation of Options—
"Cost-Type, Time and
Materials, or Labor-
Hour solicitation (AUG
1984).
* B HA HA HA HA HA 1552. 227-71 Rights in Data—General
(APR 1984).
* B HA HA HA HA HA 1552. 227-71 Rights in Data—General
(APR 1984). ALTERNATE
I (APR 1984).
TN-3 BUILDER CBECXLIST 6—ADP RESOURCES PAGE 9
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NBC NBG NEG
FP FP FP CR CR
UCP ADP AOP AOP AOP AOP
TYPE SBC SYS SVC NNT SVC MNT PROVISIONS/CLAUSES
' B HA HA HA WA HA 1552. 227-72 Rights in Data—Special
Horks (APR 1984).
* a WA HA HA WA WA 1552. 227-74 Additional Data
Requirements (APR 1984).
•* H WA WA WA HA HA 1552. 235-070 Screening Business
Information for Claims
of Confidentiality (APR
1984).
•• a WA HA HA WA WA 1552. 235-071 Treatment of
Confidential Business
Information (APR 1984).
•• a WA WA WA WA WA 1552. 235-072 Data Security - PIPRA
and/or TSCA
Confidential Business
information (APR 1984).
•* B WA WA WA WA WA 1552. 237-070 Contract Publication
Review Procedures (APR
1984).
** 8 — — RBQ RBQ 1552. 237-071 Technical Direction
(APR 1984).
•* a WA WA WA WA WA 1552. 237-072 Key Personnel (APR
1984).
*• a — WA WA 1552. 237-073 Consultant Services and
Consent (APR 1984).
•• B WA WA WA WA WA 1552. 237-074 Publicity (APR 1984).
** B REQ RBQ RBQ REQ RBQ 1552. 237-075 Paperwork Reduction Act
(APR 1984).
•• B WA WA WA WA WA BP52. 239-100 Warranty Exclusion and
Limitation of Damages
(PIRMR 201-4.1110-1)
(JAN 1981).
•• B WA BPS2. 239-105 Contractor
Representation (PIRMR
201-4.1110-2) (JAN
1981).
** B RBQ RBQ RBQ RBQ RBQ BPS2. 239-110 Contractor Commitments,
Warranties,, and
Representations (ADP
Requirements) (AUG
1984).
*• B WA — — BP52. 239-115 Risk of Loss or
Damage—ADP System or
Equipment Lease (APR
1984).
•*H WA BP52. 239-116 Risk of LOSS or
Damage—ADP system or
Equipment Purchase (APR
1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 10
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O.S. ENVIRONMENTAL PROTBCTIOH AGENCY ACQUISITION HANDBOOK
UCP
SBC
NBG
FP
AOP
SYS
NBG
FP
AOP
SVC
NBG
PP
AOP
MNT
CR
AOP
SVC
CR
AOP
MNT
PROVISIONS/CLAUSES
TYPE
•• 8 REQ — — — — EPS2. 239-120 Time Metering or
Recording Device (APR
1984).
•• H REQ — — — — BP52. 239-125 Oae of Hardware or
Software Monitors (APR
1984).
[••] H REQ — — BPS2. 239-135 Tera of Contract (ADP
Systems) (APR 1984).
•* H HA — — — BP52. 239-140 Option for Acquisition
of Evaluated Optional
Features Not Procured
at the Time of Award of
Contract (ADP
Requirements) (APR
1984).
(**]B RBQ EPS2. 239-145 Replacement Part
Availability (AOPB)
(AQG 1984).
•• a HA — — — — BP52. 239-160 Liquidated Damages (ADP
Hardware/Software) (APR
1984).
[**] a HA — — — —- BP52. 239-165 Additional Terms and
Conditions Applicable
to Rental of ADPE (AUG
1984).
•• H HA — — — — EPS2. 239-167 Discontinuance of ADPE
Rental During A
Contract Term (PXRMR
201-4.1110-3) (APR
1984).
** a HA — — — — BP52. 239-168 Discontinuance of
Rental and Repricing
(ADP Requirements) (JAN
1981).
•• H HA — — — —- BP52. 239-169 Discontinuance of ADPE
Rental without
Repricing (APR 1984).
** B HA — — — — EPS2. 239-170 Additional Terms and
Conditions Applicable
to Purchase of ADPE
(AOG 1984).
•• B RBQ RBQ RBQ RBQ RBQ EPS2. 239-175 Engineering Changes
(AOP Requirements) (APR
1984).
[•«] B WA — BPS2. 239-195 Option to Extend
Maintenance Coverage
Outside the Principal
Period (AOG 1984).
TN-3 BUILDER CHECKLIST 6—ADP RE SOURCES PAGE 11
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCF
SBC
NEC
PP
AOP
SYS
NEC
PP
AOP
SVC
NEC
PP
AOP
MNT
CR
AOP
SVC
CR
AOP
MNT
TYPE SBC SYS SVC MNT SVC MNT PROVISIONS/CLAUSES
[••] a HA EP52. 239-200 AOPB Maintenance
Discontinuance Notice
(AUG 1984).
•• B — HA —- — EP52. 239-205 No AOPB Maintenance
Discontinuance During A
Contract Term (AUG
1984).
•• B REQ BPS2. 239-220 Site Preparation (AOG
1984).
[**] H HA HA HA HA HA BPS2. 239-285 Option to Extend the
Term of the Contract—
AOPB Lease Rental,
Maintenance, and
Similar Services (PIRMR
201-4.1110-3) (JAN
1981).
•• H REQ REQ 1552. 245-072 Pabrication or
Acquisition of
Nonexpendable Property
(APR 1984).
(•*] H HA HA HA HA HA EPS2. 252-110 Special Contract
Requirements
Incorporated By
Reference (AOG 1984).
Part II, Section I, Contract Clauses
I
I
I
I
I
I
I
I
RBQ
RBQ
RBQ
RBQ
MR
HA
HA
HA
RBQ
RBQ
RBQ
RBQ
HA
HA
HA
...
RBQ
RBQ
RBQ
RBQ
HA
HA
HA
...
RBQ
REQ
RBQ
RBQ
HA
HA
HA
...
RBQ
RBQ
RBQ
RBQ
HA
HA
HA
_
52.
52.
52.
52.
52.
52.
52.
52.
202-001
203-001
203-003
203-005
204-001
204-002
207-003
208-001
Definitions (APR 1984).
Officials Not to
Benefit (APR 1984).
Gratuities (APR 1984).
Covenant Against
Contingent Pees (APR
1984).
Approval of Contract
(APR 1984).
Security Requirements
(APR 1984).
Right of Pirst Refusal
of Employment (APR
1984).
Required Sources foe
Jewel Bearings and
Related Items (APR
1984).
TN-3 BOILDER CHECKLIST 6—AOP RESOURCES PAGE 12
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O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP
SBC
NEC
PP
AOP
SYS
NEC
PP
AOP
SVC
KEG
PP
AOP
NNT
CR
AOP
SVC
CR
AOP
MNT
TYPE SEC SYS SVC MNT SVC MNT PROVISIONS/CLAUSES
** I HA 52. 209-002 Qualified Products-
Components of End Items
(APR 1984).
[••IX HA 52. 209-003 Pirst Article
Approval—Contractor
Testing (APR 1984).
[••] I HA — 52. 209-003 Pirst Article
Approval—Contractor
Testing (APR 1984).
ALTERNATE I (APR 1984).
[•*J I HA 52. 209-003 Pirst Article
Approval—Contractor
Testing (APR 1984).
ALTERNATE II (APR 1984).
[••] I HA 52. 209-004 Pirst Article
Approval—Government
Testing (APR 1984).
[••IX HA 52. 209-004 Pirst Article
Approval—Government
Testing (APR 1984).
ALTERNATE X (APR 1984).
[**1 I HA 52. 209-004 Pirst Article
Approval—Government
Testing (APR 1984).
ALTERNATE II (APR 1984).
• I HA HA HA HA HA 52. 210-005 New Material (APR 1984).
* I HA HA HA HA HA 52. 210-007 used or Reconditioned
Material, Residual
Inventory, and former
Government surplus
Property (APR 1984).
[••II HA HA HA 52. 212-004 Liquidated Damages-
Supplies, services, or
Research and
Development (APR 1984).
[**] I RBQ HA HA 52. 212-009 Variation in Quantity
(APR 1984).
* I RBQ HA HA 52. 212-010 Delivery of Excess
Quantities of $100 or
Less (APR 1984).
* I RBQ RBQ REQ 52. 212-013 Stop-Work Order (APR
1984).
* I REQ RBQ 52. 212-013 Stop-Hork Order (APR
1984). ALTERNATE I
(APR 1984).
• I REQ REQ REQ — — 52. 212-015 Government Delay of
Work (APR 1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 13
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP
TYPE SEC
• I
• I
• I
• I
• I
• I
• I
• I
• I
• I
[*•] I
[•*] I
• I
[*•] I
• 1
• I
[••1 I
NB6
PP
AOP
SYS
REQ
RBQ
HA
WA
RBQ
REQ
REQ
REQ
__
...
HA
H*
HA
HA
...
...
—
NEC NEC
PP PP
AOP AOP
SVC MNT
REQ REQ
REQ REQ
HA HA
HA HA
REQ RBQ
RBQ REQ
RBQ RBQ
REQ RBQ
... — .
... ...
«» ...
... ...
... ...
HA HA
... ...
... ...
— —
CR
AOP
SVC
REQ
RBQ
HA
HA
RBQ
RBQ
RBQ
REQ
RBQ
HA
—
...
...
...
REQ
RBQ
HA
CR
AOP
MNT
RBQ
REQ
HA
HA
REQ
RBQ
RBQ
RBQ
RBQ
HA
...
...
...
...
REQ
REQ
HA
PROVISIONS/CLAUSES
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
215-001
215-002
215-021
215-021
215-022
215-023
215-024
215-025
215-030
215-031
216-002
216-003
216-004
216-005
216-007
216-008
216-010
Examination of Records
by Comptroller General
(APR 1984).
Audit— Negotiation (APR
1984).
Changes or Additions to
Make-or-Buy Program
(APR 1984).
Changes or Additions to
Make-or-Buy Program
(APR 1984). ALTERNATE
II (APR 1984).
Price Reduction for
Defective Cost or
Pricing Data (APR 1984).
Price 'Reduction for
Defective Cost or
Pricing Data--
Modifications (APR
1984).
Subcontractor Cost or
Pricing Data (APR 1984).
Subcontractor Cost or
Pricing Data-
Modifications (APR
1984).
Pacilities Capital Cost
of Money (APR 1984).
Haiver of Pacilities
Capital Cost of Money
(APR 1984).
Economic Price
Adjustment— Standard
Supplies (APR 1984).
Economic Price
Adjustment— Semistandard
Supplies (APR 1984).
Economic Price
Adjustment— Labor and
Material (APR 1984).
Price Redeterminat ion--
Prospective (APR 1984).
Allowable Cost and
Payment (APR 1984).
Pixed-Pee (APR 1984).
Incentive Pee (APR
1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 14
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O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
OCP
TYPE SBC
• I
• I
[•*] I
[••] I
[**] I
[**] I
[**] I
[••] I
[**1 I
• I
• I
• I
• I
[••1 I
• I
NBG NEC MEG
PP PP PP CR CR
AOP ADP ADP AOP AOP
SYS SVC MNT SVC MNT PROVISIONS/CLAUSES
— — — HA WA 52. 216-011 Cost Contract— No Pee
(APR 1984).
— — — WA WA 52. 216-012 Cost-Sharing Contract-
No Pee (APR 1984).
HA — 52. 216-016 Incentive Price
Revision— Pirm Target
(APR 1984).
HA HA HA 52. 216-016 Incentive Price
Revision — Pirm Target
(APR 1984). ALTERNATE
I (APR 1984).
HA HA HA 52. 216-017 Incentive Price
Revision — Successive
Targets (APR 1984).
HA HA WA — — 52. 216-017 Incentive Price
Revision— Successive
Targets (APR 1984).
ALTERNATE I (APR 1984).
HA .HA WA HA HA 52. 216-023 Execution and
Commencement of work
(APR 1984).
HA HA WA HA HA 52. 216-024 Limitation of
Government Liability
(APR 1984).
HA HA HA HA HA 52. 216-025 Contract Def initization
(APR 1984).
HA HA 52. 216-026 Payments of Allowable
Costs Before
Oef initization (APR
1984).
HA — — — — 52. 217-006 Option for Increased
Quantity (APR 1984).
HA — — — — 52. 217-007 Option for Increased
Quantity— Separately
Priced Line Item (APR
1984).
Mfc HA WA WA WA 52. 217-008 Option to Extend
Services (APR 1984).
HA HA HA HA HA 52. 217-009 Option to Extend the
Term of the contract —
services (APR 1984).
REQ REQ RBQ REQ REQ 52. 219-008 Utilization of Small
Business Concerns and
Small Disadvantaged
Business Concerns (APR
1984).
TN-3 BOILOER CHECKLIST 6—AOP RESOURCES PAGE 15
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NEC NEC NEC
PP PP PP CR CR
UC? AOP AOP AOP AOP AOP
TYPE SBC SYS SVC MNT SVC MNT PROVISIONS/CLAUSES
• I VIA HA HA HA MA 52. 219-009 Small Business and
Small Disadvantaged
Business Subcontracting
Plan (APR 1984).
[••] I HA HA HA HA HA 52. 219-010 Incentive
Subcontracting Program
for small and small
Disadvantaged Business
Concerns (APR 1984).
• I REQ RBQ RBQ REQ RBQ 52. 219-013 Utilization of
Women-Owned Small
Businesses (APR 1984).
* I RBQ RBQ RBQ RBQ REQ 52. 220-003 Utilization of Labor
Surplus Area Concerns
(APR 1984).
• I HA HA HA HA HA 52. 220-004 Labor Surplus Area
Subcontracting Program
(APR 1984).
• I HA HA HA HA HA 52. 222-001 Notice to the
Government of Labor
Disputes (APR 1984).
[•*] I HA HA 52. 222-002 Payment for Overtime
Premiums (APR 1984).
• I HA RBQ RBQ RBQ RBQ 52. 222-003 Convict Labor (APR
1984).
* I REQ HA HA HA HA 52. 222-020 Halsh-Bealey Public
Contracts Act (APR
1984).
* I REQ RBQ RBQ REQ RBQ 52. 222-026 Equal Opportunity (APR
1984).
[••II HA HA HA HA HA 52. 222-026 Equal Opportunity (APR
1984). ALTERNATE I
(APR 1984).
• I HA HA HA HA HA 52. 222-028 Equal Opportunity
Preaward Clearance of
Subcontracts (APR 1984).
• I RBQ RBQ RBQ RBQ RBQ 52. 222-035 Affirmative Action for
Special Disabled and
Vietnam Bra Veterans
(APR 1984).
[••] I HA HA HA HA HA 52. 222-035 Affirmative Action for
Special Disabled and
Vietnam Era Veterans
(APR 1984). ALTERNATE
I (APR 1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 16
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
OCP
SBC
NEC
PP
AOP
SYS
NEC
PP
AOP
SVC
NEC
PP
AOP
MNT
CR
AOP
SVC
CR
AOP
MNT
PROVISIONS/CLAUSES
TYPE
* I REQ RBQ REQ REQ REQ 52. 222-036 Affirmative Action for
Handicapped workers
(APR 1984).
[**] I HA HA HA HA HA 52. 222-036 Affirmative Action for
Handicapped Workera
(APR 1964). ALTERNATE
I (APR 1964).
• I HA HA HA — — 32. 222-043 Pair Labor standards
Act and Service
Contract Act—Price
Adjustment (Multiyear
and Option Contracts)
(APR 1984).
• I HA HA HA — — 52. 222-044 Pair Labor Standards
Act and service
Contract Act—Price
Adjustment (APR 1984).
•* i HA HA HA HA HA BPS2. 222-100 Contract Work Hours and
safety standards Act-
Overtime Compensation
(40 O.S.C. 327-333)
(APR 1984).
•* i HA HA HA HA HA BPS2. 222-110 Contract Work Hours and
Safety Standards Act-
Overtime Compensation-
Firefighters and
Fireguards (APR 1984).
•• i HA HA HA HA HA BPS2. 222-120 Payrolls and Basic
Records (APR 1984).
•* i HA HA HA HA HA EPS2. 222-240 Service Contract Act of
1965 (APR 1984).
•* i — HA — — — EPS2. 222-260 Pair Labor standards
Act and service
contract Act—Price
Adjustment (Multiyear
and Option Contracts)
(SEP 1984).
•• x — HA — —- — EPS2. 222-26S Fair Labor Standards
Act and service
Contract Act—Price
Adjustment (SEP 1984).
* x HAHAHAHAHA 52. 223-002 Clean Air and Hater
(APR 1984).
* I HA HA HA HA HA 52. 223-003 Hazardous Material
Identification and
Material safety Data
(APR 1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 17
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O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NBC NBG NEC
PP PP PP CR CR
UCP ADP AOP AOP AOP AOP
TYPE SBC SYS SVC NNT SVC MNT PROVISIONS/CLAOSBS
* I HA HA HA HA HA 52. 224-001 Privacy Act
Notification (APR 1984).
• I HA HA HA HA WA 52. 224-002 Privacy Act (APR 1984).
* I WA HA MA VIA HA 52. 225-003 Buy American Act-
Supplies (APR 1984).
* I HA — — — — 52. 225-009 Buy American Act—Trade
Agreements Act—Balance
of Payments Program
(Revised by Federal
Acquisition Circular
84-1) (APR 1984).
• I HA — — 52. 225-010 Duty-Pree Entry (APR
1984).
• I REQ RBQ RBQ RBQ REQ 52. 227-01 Authorization and
Consent (APR 1984).
• I —„ 52. 227-01 Authorization and
Consent (APR 1984).
Alternate I (APR 1984).
• I RBQ RBQ RBQ REQ REQ 52. 227-02 Notice and Assistance
Regarding Patent and
Copyright Infringement
(APR 1984).
* I HA HA HA — 52. 227-03 Patent Indemnity (APR
1984).
[••II HA HA HA — 52. 227-03 Patent Indemnity (APR
1984). Alternate I
(APR 1984).
[*•] I HA HA HA 52. 227-05 Haiver of Indemnity
(APR 1984).
* I HA HA HA HA HA 52. 227-08 Reporting of Royalties
(Foreign) (APR 1984).
* I HA HA HA 52. 227-09 Refund of Royalties
(APR 1984).
• I HA HA HA HA HA 52. 227-10 Piling of Patent
Applications—classified
subject Hatter (APR
1984).
* X — — HA HA 52. 228-002 Additional Bond
Security (APR 1984).
• I HA HA HA — 52. 228-004 Horkers1 Compensation
and Har-Bazard
Insurance (APR 1984).
• I HA HA HA — 52. 228-005 Insurance—work on a
Government Installation
(APR 1984).
TN-3 BOILOBR CHECKLIST 6—AOP RESOURCES PAGE 18
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NEG NBG NEC
n pp PP CR CR
OCP AOP ADP AOP AOP AOP
TYPE SBC SYS SVC MNT SVC NNT PROVZSZONS/CLAOSBS
• i — — — REQ RBQ 52. 228-007 Insurance—Liability to
Third Persons (APR
1984).
* I RBQ REQ 52. 228-007 Insurance—Liability to
Third Persons (APR
1984). ALTERNATE I
(APR 1984).
• i — -_ ._. RBQ RBQ 52. 228-007 Insurance—Liability to
Third Persons (APR
1984). ALTERNATE II
(APR 1984).
* I HA — — — — 52. 229-001 state and Local Taxes
(APR 1984).
* I HA RBQ RBQ 52. 229-003 Federal, state, and
Local Taxes (APR 1984).
• I HA HA HA 52. 229-004 Pederal, state, and
Local Taxes
(Noncompetitive
Contract) (APR 1984).
• I HA HA HA 52. 229-005 Taxes—Contracts
Performed in U.S.
Possessions or Puerto
Rico (APR 1984).
* I HA HA HA HA HA 52. 230-003 Cost Accounting
Standards (APR 1984).
* I HA HA HA WA HA 52. 230-004 Administration of Cost
Accounting standards
(APR 1984).
• I HA HA HA HA HA 52. 230-005 Disclosure and
Consistency of Cost
Accounting Practices
(APR 1984).
• I RBQ RBQ RBQ 52. 232-001 Payments (APR 1984).
• I RBQ RBQ RBQ 52. 232-008 Discounts for Prompt
Payment (APR 1984).
• I RBQ RBQ RBQ RBQ RBQ 52. 232-009 Limitation on
Hithholding of Payments
(APR 1984).
• I RBQ RBQ RBQ 52. 232-011 Extras (APR 1984).
[••] I HA HA HA HA HA 52. 232-012 Advance Payments (APR
1984).
*• I HA HA HA HA HA 52. 232-012 Advance Payments (APR
1984). ALTERNATE I
(APR 1984).
[*•] x __ HA HA 52. 232-012 Advance Payments (APR
1984). ALTERNATE II
(APR 1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 19
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O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP
SBC
NEC
PP
AOP
SYS
NEC
PP
AOP
SVC
NEC
PP
AOP
NNT
CR
AOP
SVC
CR
AOP
NNT
PROVISIONS/ CLAOS8S
TYPE
(**] I HA HA HA HA HA 52. 232-012 Advance Payments (APR
1984). ALTERNATE III
(APR 1984).
** I HA HA HA HA HA 52. 232-012 Advance Payments (APR
1984). ALTERNATE IV
(APR 1984).
* I HA HA HA 52. 232-016 Progress Payments (APR
1984).
* I HA HA HA 52. 232-016 Progress Payments (APR
1984). ALTERNATE I
(APR 1984).
I**] I HA HA HA 52. 232-016 Progress Payments (APR
1984). ALTERNATE II
(APR 1984).
• I REQ RBQ RBQ REQ REQ 52. 232-017 Interest (APR 1984).
• I HA HA HA HA HA 52. 232-018 Availability of Punds
(APR 1984).
* I — — — HA HA 52. 232-020 Limitation of Cost (APR
1984).
• X HA HA 52. 232-022 Limitation of Punds
(APR 1984).
• I REQ RBQ RBQ RBQ RBQ 52. 232-023 Assignment of Claims
(APR 1984).
• I HA HA HA HA HA 52. 232-023 Assignment of Claims
(APR 1984). ALTERNATE
I (APR 1984).
• I HA HA HA HA HA 52. 232-024 Prohibition Of
Assignment of Claims
(APR 1984).
• I HA HA HA HA HA 1552. 232-072 Application of the
Prompt Payment Act-
contract with P.o.b.
Origin Deliverables
(APR 1984).
NOTE: A Disputes clause is required for each EPA solicitation and contract.
It is EPA policy to use the PAR clause alternate in most cases. The basic PAR
clause can be> used when circumstances warrant. The following notations
adjacent to these Disputes clauses reflect the EPA policy. OSB ONLY ONE
DISPUTES CLAOSB IN A GIVEN SOLICITATION OR CONTRACT.
• I REQ RBQ RBQ RBQ RBQ 52. 233-001 Disputes (APR 1984).
• I REQ RBQ REQ RBQ RBQ 52. 233-001 Disputes (APR 1984).
ALTERNATE I (APR 1984).
TN-3 BOILDBR CHECKLIST 6—ADP RESOURCES PAGE 20
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NBG MEG NBG
PP PP PP CR CR
OCP ADP ADP AOP AOP ADP
TYPE SBC SYS SVC NMT SVC NNT PROVISIONS/CLAOS2S
* I HA HA HA HA HA 52. 237-002 Protection of
Government Buildings,
Equipment, and
Vegetation (APR 1984).
• I HA HA HA HA HA 52. 237-003 Continuity of Services
(APR 1984).
• i — — — REQ RBQ 52. 242-001 Notice of Intent to
Disallow Costs (APR
1984).
• I HA — 52. 242-002 Production Progress
Reports (APR 1984).
• X WA WA WA WA MA 52. 242-010 P.o.b. Origin—
Government Bills of
Lading or Prepaid
Postage (APR 1984).
• I WA WA WA WA WA 52. 242-011 P.o.b. Origin-
Government Bills of
Lading or Indicia Hail
(APR 1984).
• I REQ — — 52. 243-001 Changes— Pixed-Price
(APR 1984).
• I HA RBQ RBQ — — 52. 243-001 Changes— Pixed-Price
(APR 1984). ALTERNATE
I (APR 1984).
* I HA HA HA 52. 243-001 Changes—Pixed-Price
(APR 1984). ALTERNATE
II (APR 1984).
• I — ... — RBQ RBQ 52. 243-002 Changes—Cost-Reimburse-
ment (APR 1984).
ALTERNATE I (APR 1984).
* i — — HA HA 52. 243-002 Changes—Cost-Reimburse-
ment (APR 1984).
ALTERNATE IX (APR 1984).
• X HA HA HA HA HA 52. 243-006 Change Order Accounting
(APR 1984).
* X HA HA HA — 52. 244-001 Subcontracts Under
Pixed-Price Contracts
(APR 1984).
• I ... _ —. RBQ RBQ 52. 244-002 Subcontracts Under
Cost-Reimbursement and
Letter Contracts (APR
1984).
* X REQ RBQ RBQ. RBQ RBQ 52. 244-005 Competition in
Subcontracting (APR
1984).
• X HA HA HA HA HA 52. 245-001 Property Records (APR
1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 21
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
OCP
SBC
NBG
PP
ADP
SYS
NBG
PP
AOP
SVC
NBG
PP
AOP
MNT
CR
AOP
SVC
CR
AOP
NNT
PROVISIONS/CLAUSES
TYPE
• I HA MA WA — — 52. 245-002 Government Property
(Pixed-Price Contracts)
(APR 1984).
* I WA WA WA 52. 245-002 Government Property
(Pixed-Price Contracts)
(APR 1984). ALTERNATE
I (APR 1984).
* I HA HA HA — 52. 245-004 Government-Furnished
Property (Short Porm)
(APR 1984).
• I ... — ... MA HA 52. 245-005 Government Property
(Cost-Reimbursement,
Time and Materials, or
Labor Hour Contracts)
(APR 1984).
• I HA HA HA — 52. 245-009 Use and Charges (APR
1984).
* I HA HA HA 52. 245-017 Special Tooling (APR
1984).
* I HA HA HA 52. 245-017 Special Tooling (APR
1984). ALTERNATE I
(APR 1984).
• I HA HA HA HA HA 52. 245-018 Special Teat Equipment
(APR 1984).
• I HA HA HA HA HA 52. 245-019 Government Property
Purnished "As is* (APR
1984).
* I HA HA HA 52. 246-001 Contractor Inspection
Requirements (APR 1984).
• I REQ HA HA — 52. 246-002 Inspection of
Supplies—P ixed-Price
(APR 1984).
• I — HA HA 52. 246-003 Inspection of
Supplies—Cost-Reimburse-
ment (APR 1984).
• I HA RBQ RBQ 52. 246-004 Inspection of
Services—P ixed-Pr ice
(APR 1984).
* i _ — REQ RBQ 52. 246-005 Inspection of
Services—Cost-Reimburse-
ment (APR 1984).
•• I HA HA HA HA HA 52. 246-015 Certificate of
Conformance (APR 1984).
• I REQ RBQ RBQ — 52. 246-016 Responsibility for
Supplies (APR 1984).
TN-3 BUILDER CHECKLIST 6—AOP RESOURCES PAGE 22
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
OCP
SBC
NEC
FP
ADP
SYS
NBG
PP
ADP
SVC
NBG
PP
ADP
MNT
CR
ADP
SVC
CR
ADP
MNT
TYPE SBC SYS SVC MNT SVC MNT PROVISIONS/CLAUSES
[•*] I MA — — — — 52. 246-017 Warranty of Supplies of
a Noncooplex Nature
(APR 1984).
l*«] I MA -.- — .— 52. 246-017 Warranty of Supplies of
a Noneomplez Nature
(APR 1984). ALTERNATE
I (APR 1984).
[••] I WA — — — — 52. 246-017 Warranty of Supplies of
a Nonconplex Nature
(APR 1984). ALTERNATE
IX (APR 1984).
[••1 I WA 52. 246-017 Warranty of Supplies of
a Noncomplex Nature
(APR 1984). ALTERNATE
ZZZ (APR 1984).
[••]! WA — 52. 246-017 Warranty of Supplies of
a Noneomplez Nature
(APR 1984). ALTERNATE
XV (APR 1984).
[••] X WA — — — — .52. 246-017 warranty of Supplies of
a Nonconplex Nature
(APR 1984). ALTERNATE
V (APR 1984).
[*•) I WA 52. 246-018 Warranty of Supplies of
a Complex Nature (APR
1984).
• I WA — — — — 52. 246-018 Warranty of Supplies of
a Complex Nature (APR
1984). ALTERNATE I
(APR 1984).
• i WA — — — —- 52. 246-018 Warranty of Supplies of
a Complex Nature (APR
1984). ALTERNATE IX
(APR 1984).
• I Wfc — — —- — 52. 246-018 Warranty of Supplies of
a Complex Nature (APR
1984). ALTERNATE III
(APR 1984).
* X WA — — — -— 52. 246-018 Warranty of Supplies of
a Complex Nature (APR
1984). ALTERNATE IV
(APR 1984).
[**] I WA WA WA -— — 52. 246-019 Warranty of Systems and
Equipment Onder
Performance
Specifications or
Design Criteria (APR
1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 23
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O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NEC NEG NEG
PP PP PP CR CR
UCP AOP ADP AOP AOP AOP
TYPE SBC SYS SVC NNT SVC HNT PROVISIONS/CLAUSES
•• I HA HA HA 52. 246-019 Hacranty of systems and
Equipment Under
Performance
Specifications or
Design Criteria (APR
1984). ALTERNATE I
(APR 1984).
•• I HA HA HA — —- 52. 246-019 Harranty of Systems and
Equipment Under
Performance
Specifications or
Design Criteria (APR
1984). ALTERNATE II
(APR 1984).
•* I HA HA HA 52. 246-019 Harranty of Systems and
Equipment Under
Performance
Specifications or
Design Criteria (APR
1984). ALTERNATE III
(APR 1984).
(**] I HA HA HA — — 52. 246-020 Harranty of Services
(APR 1984).
• I HA — 52. 246-023 Limitation of Liability
(APR 1984).
• I HA — 52. 246-024 Limitation of
Liability—B igh-Value
Items (APR 1984).
• I HA 52. 246-024 Limitation of
Liability—High-Value
Items (APR 1984).
ALTERNATE I (APR 1984).
• I REQ RBQ REQ RBQ RBQ 52. 246-025 Limitation of
Liability—Services
(APR 1984).
[*•] I HA 52. 247-001 Commercial Bill of
Lading Notations (APR
1984).
• I HA 52. 247-029 P.o.b. Origin (APR
1984).
• I HA 52. 247-030 P.o.b. Origin,
Contractor's Facility
(APR 1984).
• I HA — 52. 247-031 P.o.b. Origin, Freight
Allowed (APR 1984).
• I HA — 52. 247-032 P.o.b. Origin, Freight
Prepaid (APR 1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 24
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NEC NEC NEC
PP PP PP CR CR
UC? ADP AOP AOP ADP AOP
TYPE SEC SYS SVC MNT SVC MOT PROVISIONS/CLAUSES
* I MA 52. 247-034 P.o.b. Destination (APR
1984).
• I WA 52. 247-035 P.o.b. Destination,
within Consignee's
Premises (APR 1984).
• I HA 52. 247-04B P.o.b. Destination-
Evidence of Shipment
(APR 1984).
• I WA — — — 52. 247-054 Diversion of Shipment
Under P.o.b.
Destination Contracts
(APR 1984).
• I WA 52. 247-055 p.o.b. Point for
Delivery of
Government-Purnished
Property (APR 1984).
• I WA 52. 247-058 Loading, Blocking, and
Bracing of Preight car
Shipments (APR 1984).
• I WA 52. 247-063 Preference for
U.S.-Plag Air Carriers
(APR 1984).
• I WA — 52. 247-064 Preference for
Privately owned
U.S.-Plag Commercial
Vessels (APR 1984).
* I WA WA WA —- 52. 249-001 Termination for
Convenience of the
Government (Pixed-
Price) (Short Porm)
(APR 1984).
* I WA WA WA — — 52. 249-002 Termination for
Convenience of the
Government (Pixed-
Price) (APR 1984).
• I HA WA WA — 52. 249-002 Termination for
Convenience of the
Government (Pixed-
Price) (APR 1984).
ALTERNATE II (APR 1984).
• I WA WA WA — r— 52. 249-004 Termination for
Convenience of the
Government (Services)
(Short Porm) (APR 1984).
• i —. ... ... REQ HA 52. 249-006 Termination (Cost-
Reimbursement) (APR
1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 25
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
UCP
TYPE SEC
• I
* I
• I
• I
• I
(••1 I
[•*] I
[••1 I
Part III
NBG
PP
ADP
SYS
...
RBQ
—
REQ
— -
RBQ
WA
HA
, Sect
NBG
PP
ADP
SVC
...
RBQ
...
REQ
REQ
WA
HA
:ion J,
NBG
PP
ADP
MNT
...
RBQ
...
RBQ
RBQ
HA
HA
List
CR
ADP
SVC
HA
_
REQ
RBQ
HA
REQ
HA
HA
Of DO)
CR
ADP
MNT
HA
—
RBQ
RBQ
HA
RBQ
HA
HA
cuments ,
PROVISIONS/CLAUSES
52. 249-006 Termination (Cost-
Reimbursement) (APR
1984). ALTERNATE II
(APR 1984).
52. 249-008 Default (Pixed-Price
Supply and service)
(APR 1984).
52. 249-014 Excusable Delays (APR
1984).
52. 251-001 Government supply
Sources (APR 1984).
52. 251-002 Interagency Motor Pool
Vehicles and Related
Services (APR 1984).
52. 252-002 Clauses Incorporated by
Reference (APR 1984).
52. 252-004 Alterations in Contract
(APR 1984).
52. 252-006 Authorized Deviations
in Clauses (APR 1984).
Exhibits, and other Attachments
[**] J HA BPS2. 239-185 Maintenance
Requirements (ADP
System/Equipment) (AUG
1984).
[••] j — HA — — 8P52. 239-190 Maintenance of
Government-Owned ADP
System or Equipment
(AOG 1984).
[•*] J HA HA HA HA B9S2. 239-230 ADP System, Equipment,
and/or Software
Training (AUG 1984).
[*•] J HA HA HA HA HA BP52. 239-235 Manuals and
Publications (AOG 1984),
[**1 J HA BPS2. 239-240 Software Support (AUG
1984).
•* J RBQ RBQ RBQ REQ REQ BP52. 239-245 Glossary of ADP Terms
(AOG 1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 26
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U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NBG NEC NEC
FP PP FP CR CR
UCF AOP AOP AOP AOP AOP
TYPE SEC SYS SVC NNT SVC NNT PROVISIONS/CLAOSES
[••1 J RBQ HA HA HA HA EP52. 239-500 Federal Information
Processing standards
(FIPS) and Federal
Telecommunications
Standards (FBD-STD)
Incorporated By
Reference (AUG 1984).
[••] J RBQ RBQ RBQ RBQ RBQ BPS2. 252-100 List of Attachments
(APR 1984).
Part IV, section K,
Representations, Certifications, and Other Statements of the Offerer
*• K RBQ REQ RBQ 52. 203-002 Certificate of
Independent Price
Determination (APR
1984).
•• K RBQ RBQ RBQ REQ RBQ 52. 203-004 Contingent Fee
Representation and
Agreement (APR 1984).
** K HA HA HA HA HA 1552. 203-070 Current/Former Agency
Employee Involvement
Certification (APR
1984).
•• K HA HA HA HA HA 52. 208-002 Jewel Bearings and
Related Items
Certificate (APR 1984).
** K RBQ RBQ RBQ RBQ RBQ 1552. 209-072 Organizational Conflict
of interest
Certification (APR
1984).
•* K RBQ RBQ RBQ RBQ RBQ 52. 215-006 Type of Business
Organization (APR 1984).
** K RBQ RBQ RBQ RBQ RBQ 52. 215-011 Authorized Negotiators
(APR 1984).
•• K HA HA HA HA HA 52. 215-019 Period for Acceptance
of Offer (APR 1984).
•• K HA HA HA HA HA 52. 215-020 Place of Performance
(APR 1984).
** K RBQ RBQ RBQ RBQ RBQ 1552. 215-076 General Financial and
Organizational
information (APR 1984).
•• K RBQ RBQ RBQ RBQ RBQ 52. 219-001 Small Business Concern
Representation (APR
1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 27
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NBG NEC NEC
PP PP PP CR CR
UCP ADP AOP AOP AOP AOP
TYPE SBC SYS SVC MNT SVC HNT PROVISIONS/CLAUSES
•• K RBQ REQ REQ REQ REQ 52. 219-002 Small Disadvantaged
Business Concern
Representation (APR
1984).
•* K REQ REQ RBQ REQ REQ 52. 219-003 Women-Owned Small
Business Representation
(APR 1984).
•• K HA HA HA HA HA 52. 220-001 Preference for Labor
Surplus Area Concerns
(APR 1984).
•• K REQ WA HA HA HA 52. 222-019 Halsh-Healey Public
Contracts Act
Representation (APR
1984).
•• K REQ RBQ REQ RBQ REQ 52. 222-022 Previous Contracts and
Compliance Reports (APR
1984).
•• K RBQ REQ RBQ RBQ RBQ 52. 222-025 Affirmative Action
Compliance (APR 1984).
•* K HA HA HA HA HA .52. 223-001 Clean Air and Hater
Certification (APR
1984).
*• R HA HA HA HA HA 52. 223-004 Recovered Material
Certification (APR
1984).
•* R REQ RBQ REQ REQ RBQ 1552. 224-070 Social Security Numbers
of Consultants and
Certain Sole
Proprietors and Privacy
Act Statement (APR
1984).
[**] R HA HA HA HA HA 52. 22S-001 Buy American
Certificate (APR 1984).
[**1 R HA 52. 225-008 Buy American Act—Trade
Agreements Act—Balance
of Payments Program
Certificate (APR 1984).
[•*] R HA HA HA HA HA 52. 227-07 Patents—Notice of
Government Licensee
(APR 1984).
•• R RBQ RBQ RBQ RBQ RBQ 52. 230-002 Cost Accounting
Standards Notices and
Certification
(Nondefense) (APR 1984).
•• R HA HA —- HA HA EP52. 239-280 COBOL Compiler
Certification (AUG
1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 28
-------
O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
(JCF
SEC
NBC
PP
ADP
SYS
NBC
PP
ADP
SVC
NEC
PP
ADP
NNT
CR
ADP
SVC
CR
ADP
HNT
PROVISIONS/CLAUSES
TYPE
•• K RBQ — — -~ — EP52. 239-250 Discontinuance
Repcicing Provision
(ADP Requirements)
(PZRMR 201-4.1110-3)
(JAN 1981).
Part IV ,Section L,
Instructions, Conditions, and Notices to Offerers or Quoters
[**] L HA HA HA HA HA 52. 207-002 Notice of Cost
Comparison (Negotiated)
(APR 1984).
•* L REQ REQ RBQ RBQ REQ 1552. 209-070 Organizational Conflict
of interest
Notification (APR 1984).
•• L HA 52. 210-001 Availability of
Specifications Listed
in the Index of Federal
Specifications and
Standards (APR 1984).
[•*] L HA 52. 210-003 Availability of
Specifications Not
Listed in the GSA index
of Federal
Specifications and
Standards (APR 1984).
(•*] L HA 52. 210-004 Availability for
Examination of
Specifications Not
Listed in the Index of
Federal specifications
and Standards (APR
1984).
* L HA HA HA HA WA 52. 210-006 Listing of Osed or
Reconditioned Material,
Residual Inventory and
Former Government
surplus Property (APR
1984).
[••] L HA HA HA HA HA EPS2. 212-170 Proposed Contract Start
Date—Completion
Contracts (AOG 1984).
[**1 L HA HA HA HA HA EP52. 212-180 Proposed Contract Start
Date—Level of effort
Contract (AUG 1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 29
-------
O.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NEC NEC NEC
PP PP PP CR CR
UCF AOP ADP AOP AOP AOP
TYPE SBC SYS SVC MNT SVC MNT PROVISIONS/CLAUSES
[••] L HA HA HA HA HA 52. 215-003 Solicitation for
Information or Planning
Purposes (APR 1984).
• L HA 52. 215-004 Notice of Possible
Standardization (APR
1984).
* L RBQ RBQ RBQ REQ RBQ 52. 215-005 Solicitation
Definitions (APR 1984).
* L REQ RBQ RBQ RBQ REQ 52. 215-007 Unnecessarily Elaborate
Proposals or Quotations
(APR 1984).
* L REQ REQ REQ RBQ RBQ 52. 215-008 Acknowledgement of
Amendments to
Solicitations (APR
1984).
* L REQ RBQ RBQ REQ REQ 52. 215-009 Submission of Offers
(APR 1984).
• L REQ RBQ RBQ RBQ RBQ 52. 215-010 Late Submission,
Modifications, and
Hithdrawals of
Proposals (APR 1984).
• L REQ RBQ REQ RBQ REQ 52. 215-012 Restriction on
Disclosure and use of
Data (APR 1984).
• L RBQ REQ RBQ REQ REQ 52. 215-013 Preparation of Offers
(APR 1984).
• L REQ REQ REQ RBQ RBQ 52. 215-014 Explanation to
Prospective Offerers
(APR 1984).
* L RBQ RBQ REQ RBQ RBQ 52. 215-015 Failure to Submit Offer
(APR 1984).
• L RBQ RBQ RBQ REQ RBQ 52. 215-016 Contract Award (APR
1984).
* L HA HA HA HA HA 52. 215-017 Telegraphic Proposals
(APR 1984).
* L RBQ RBQ RBQ REQ REQ 52. 215-018 Order of Precedence
(APR 1984).
** L RBQ RBQ RBQ RBQ REQ 1552. 215-072 Past Performance (APR
1984).
•• L REQ REQ REQ REQ RBQ 1552. 215-073 Instructions for the
Preparation of
Technical and Cost oc
Pricing Proposals (APR
1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 30
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
NEC NEC NEC
PP PP PP CR CR
UCP AOP AOP AOP AOP AOP
TYPE SEC SYS SVC MNT SVC MNT PROVISIONS/CLAUSES
NOTE: The following clauses, EP52.215-980 or EP52.215-981, may be used instead
of 1552.215-073 until EPAAR is revised.
[••] L HA WA HA HA HA EP52. 215-980 Instructions for the
Preparation of
Technical and Cost or
Pricing Proposals (AUG
1984).
[**] L HA WA HA EP52. 215-981 instructions for the
Preparation of
Technical and Pricing
Proposals—Pixed-Pr ice
Solicitation (AUG 1984).
** L HA HA HA HA HA 1552. 215-074 Cost Proposal
instructions (APR 1984).
** L REQ REQ REQ REQ REQ 1552. 215-075 Additional
Representations,
Certifications, and
Statements of Offerers
Hhose Proposals Are In
the Competitive Range
(APR 1984).
[••] L HA HA HA HA HA EP52. 215-100 Preproposal Conference
(APR 1984).
[•*] L REQ REQ REQ REQ REQ EPS2. 215-110 Technical Questions
(APR 1984).
[**] L HA HA HA HA HA EPS2. 215-120 Definition of Labor
Classifications (APR
1984).
•* L HA HA EPS2. 215-130 Evaluation of Other
Direct Costs (APR 1984).
[•*] L — — HA HA EPS2. 215-140 Base Pee and Award Pee
Proposal (AUG 1984).
[*•] L RBQ REQ REQ REQ REQ 52. 216-001 Type of Contract (APR
1984).
• L HA HA HA WA HA 52. 219-005 Notice of Total Small
Business-Labor surplus
Area Set-Aside (APR
1984).
• L HA HA HA HA HA 52. 219-006 Notice of Total Small
Business Set-Aside (APR
1984).
• L HA HA HA HA HA 52. 219-007 Notice of Partial Small
Business Set-Aside (APR
1984).
[••1 L HA HA HA HA HA EP52. 219-100 Set-Aside/Size Standard
information (AUG 1984).
TN-3 BOILDER CHECKLIST 6—ADP RESOURCES PAGE 31
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
[••1
*
•
*
•
•
*•
*•
*
•
!••!
[•*]
••
**
!••]
UCF
SEC
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
NEC
FP
AOP
SYS
HA
HA
REQ
HA
HA
HA
REQ
HA
HA
HA
HA
HA
REQ
REQ
HA
NEG
FP
AOP
SVC
HA
HA
REQ
HA
HA
HA
REQ
HA
HA
HA
HA
HA
—
...
HA
NEG
FP CR
AOP AOP
MNT SVC
HA HA
HA HA
REQ REQ
HA HA
HA HA
HA HA
REQ
HA HA
HA —
HA HA
HA HA
HA HA
... ...
.— ...
HA HA
CR
AOP
MNT PROVISIONS/CLAUSES
HA EP52. 219-125 submission of offerer's
Small Business and
Small Oisadvantaged
Business Subcontracting
Plan (SEP 1984).
HA 52. 220-002 Notice of Total Labor
surplus Area Set-Aside
(APR 1984).
RSQ 52. 222-021 Certification of
Nonaegregated
Facilities (APR 1984).
HA 52. 222-024 Preaward On-Site Equal
Opportunity Compliance
Review (APR 1984).
HA 52. 222-045 Notice of Compensation
for Professional
Employees (APR 1984).
HA 52. 222-046 Evaluation of
Compensation for
Professional Employees
(APR 1984).
52. 227-06 Royalty of Information
(APR 1984).
HA 1552. 227-70 Notification of
Limited-Rights Data and
Restricted Computer
Software (APR 1984).
— 52. 232-013 Notice of Progress
Payments (APR 1984).
HA 52. 237-001 Site Visit (APR 1984).
HA BP52. 239-255 Additional Proposal
Preparation
Instructions— AOP
Requirements (AUG 1984).
HA BPS2. 239-260 Additional Instruction
for the Preparation of
Price Proposals — AOP
Requirements (AUG 1984).
EPS 2. 239-265 Engineering Change
Certification (AUG
1984).
— BP52. 239-270 Maintenance
Certification (AUG
1984).
HA BP52. 239-275 Brand Naae Salient
Characteristics (AUG
1984).
TN-3 BUILDER CHECKLIST 6—AOP RESOURCES PAGE 32
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
• *
t**J
*•
**
*•
*
•
[••]
[*•]
[**J
UCP
SEC
L
L
L
L
L
L
L
L
L
L
NEC
PP
ADP
SYS
REQ
HA
HA
HA
HA
HA
HA
REQ
HA
HA
NEC
PP
ADP
SVC
• ••
HA
HA
HA
HA
_.
...
RBQ
HA
HA
Pact IV,
!••!
••
**
••
M
N
N
N
MA
RBQ
HA
HA
RBQ
HA
HA
NB6
PP
ADP
HNT
...
...
HA
HA
...
...
RBQ
HA
HA
CR
AOP
SVC
«MM
HA
HA
HA
HA
—
...
RBQ
HA
HA
Section M,
RBQ
HA
HA
RBQ
HA
HA
CR
AOP
HNT
• •v
HA
HA
HA
HA
...
...
RBQ
HA
HA
PROVISIONS/CLAUSES
BP52
BPS2
EPS2
15S2
1552
52
52
52
52
52
Evaluation
RBQ
HA
HA
52
1552
1552
1552
. 239-290
. 239-295
. 239-300
. 246-070
. 246-071
. 247-045
. 247-046
. 252-001
. 252-003
. 252-005
Availability of
Equipment and Software
(AOG 1984).
Benchmark Test {AOG
1984).
Operational Capability
Demonstration (AOG
1984).
Quality Assurance (QA)
Program Plan (APR 1984).
Quality Assurance (QA)
Project Plan (APR 1984).
P.o.b. Origin and/or
P.o.b. Destination
Evaluation (APR 1984).
Shipping Point(s) Used
in Evaluation of P.o.b.
Origin Offers (APR
1984).
Solicitation Provisions
Incorporated by
Reference (APR 1984).
Alterations in
Solicitation (APR 1984).
Authorized Deviations
in Provisions (APR
1984).
Factors foe Award
. 209-001
. 215-070
. 215-071
. 215-071
Qualified Products— End
Items (APR 1984).
EPA Source Evaluation
and selection
Procedures— Negotiated
Procurement (APR 1984).
Evaluation Factors for
Award (APR 1984).
Evaluation Factors for
Award (APR 1984)
ALTERNATE I (APR 1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 33
-------
O.S. ENVIRONMENTAL PROTBCTIOH AGENCY ACQUISITION HANDBOOK
NB6 NBG NEC
PP PP PP CR CR
UCP AOP AOP ADP AOP AOP
TYPE SEC SYS SVC MOT SVC MNT PROVISIONS/ CLAUSES
NOTE: The following clauses, BPS2.215-977, EP52.215-978, or EP52.215-979, may
be used instead of 1552.215-071 or its ALTERNATE I until EPAAR is revised.
[•*] N WA WA WA WA WA EP52. 215-977 Evaluation Factors for
Award—Technical
Quality More Important
Than Cost or Price (AOG
1984).
[**] M HA HA HA HA HA EP52. 215-978 Evaluation Factors for
Award—Cost or Price
More Important Than
Technical Quality
Provided An Offerer's
Technical Proposal
Meets the Minimum Needs
of the Government (AUG
1984).
** M HA HA HA HA HA EPS2. 215-979 Evaluation Factors for
Award—P ixed-Pr ice
Contracts for
Commercial supplies or
Services (AOG 1984).
** M HA HA HA HA HA 52. 217-003 Evaluation Exclusive of
Options (APR 1984).
•• M HA HA HA HA HA 52. 217-004 Evaluation of Options
Exercised at Time of
Contract Award (APR
1984).
•* M HA HA HA HA HA 52. 217-005 Evaluation of Options
(APR 1984).
•* M HA HA HA — — 52. 217-005 Evaluation of Options
(APR 1984). ALTERNATE
I (APR 1984).
•• M HA HA HA HA HA 1552. 217-070 Evaluation of Contract
Options (APR 1984).
** M HA HA HA HA HA EPS2. 239-305 Evaluation of 'Equal*
Products (AOG 1984).
(•*] M HA — — BP52. 239-310 Fixed Price
Options—ADP systems or
Equipment (PIRMR
201-4.1110-3) (JAN
1981).
[••] M HA HA — EPS 2. 239-315 P ixed-Pr ice Options—
ADP Services (PIRMR
201-4.1110-3) (AOG
1984).
TN-3 BUILDER CHECKLIST 6—ADP RESOURCES PAGE 34
-------
U.S. BNVIROHMBMTAL PROTECTION AGENCY ACQUISITION HANDBOOK
TYPE
UC7
SBC
N
H
N
N
NEC NBG NBG
PP PP PP CR CR
ADP ADP ADP ADP ADP
SYS SVC MNT SVC MNT
wA »•— MM * — — »••
HA — — — —
HA — — — —
VfA — — — —
PROVISIONS/CLAUSES
52. 247-047 Evaluation--?. o.b.
Origin (APR 1984).
52. 247-049 Destination Unknown
(APR 1984).
52. 247-050 No Evaluation of
Transportation Costs
(APR 1984).
52. 247-053 Freight Classification
Description (APR 1984).
TN_3 BUILDER CHECKLIST 6—ADP RBSOORCBS PAGE 35
-------
O.S. ENVIRONMENTAL PROTECTION AGENCY
BUILDER CHECKLIST FOR SMALL PURCHASES
(Purchases of $10,000 or Less. For Small Purchases
over $10,000, Consult Checklists Numbers 1 through 6.)
CONTENTS
Contract/Purchase order Clauses 2
Solicitation Provisions 10
NOTE: The use of the Uniform contract Format (UCF) for Small Purchase
solicitation documents and contracts or purchase orders is optional, if
the UCF is used, the recommended placement of provisions and clauses is
portrayed in this Builder Checklist.
ABBREVIATIONS
TYPE — -——————~ incorporated by reference or full text.
• ————————————— ay Reference
•• Pull Text
[**] ——_—— —————- A provision or clause to be incorporated
in "FULL TEXT* that contains BLANKS that
must be filled before issuance of a
solicitation document or contract. (DOES
NOT INCLUDE 'REPS,* 'CERTS* OR OTHER
STATEMENTS THAT RESPONDING OFFBRORS ARE
TO FILL IN.)
UCF SBC ——————— uniform contract Format section.
REQ — • —— Required.
MA ——————.-.--..—- TO be used when applicable.
PP SUP -—— Fixed-Price Supply Not In Excess of
$10,000
FP SVC ••• — Fixed-Price services Not in Excess of
$10,000
FP CST —--——--•••••-—--—— Fixed-price Construction Not In Excess of
$10,000
Note: See Acquisition Handbook, Unit 1, Volume I Title
Page for a description of this BUILDER CHECKLIST.
TN-3 BUILDER CHECKLIST 7—SMALL PURCHASES PAGE 1
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
UCP PP PP PP
TYPE SBC SOP SVC CST PROVISIONS/CLAUSES
Contract/Purchase Order Clauses
[*•]
[••]
[••1
[••]
[••)
*•
[••1
[••1
[••]
[••]
**
•*
NOTE:
A
A
a
3
a
c
c
D
0
B
P
P
The
ALTERNATE I
**
• *
[**]
[•*]
[••1
(**]
[*•]
[*•]
[*•]
P
P
P
P
P
P
P
P
p
WA
WA
HA
HA
...
REQ
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
...
REQ
—
HA
HA
HA
HA
HA
HA
HA
...
—
REQ
REQ
HA
HA
HA
HA
HA
HA
following clause,
until
HA
HA
HA
HA
HA
HA
HA
HA
HA
EPAAR
HA
HA
HA
HA
HA
HA
HA
HA
HA
BPS2.
EPS 2.
BP52.
EPS 2.
BPS2.
EPS 2.
EPS2.
EPS 2.
EP52.
BPS2.
1552.
15S2.
253-100
253-110
216-160
216-170
216-175
210-100
210-120
247-100
247-110
246-100
210-070
210-070
BP52. 210-970, ou
Solicitation and Contract Contents
(APR 1984).
Contract Contents (APR 1984).
Consideration and Payment— Total
Pixed Price (APR 1984).
Consideration and Payment--
Itemized Pixed Prices (AOG 1984)
•
Hork To Be Performed and Contract
Price— Construction or A-B
Contract (APR 1984).
Statement of Hork/specifications
(AUG 1984).
Incorporation of Contractor's
Technical Proposal (APR 1984).
Shipment and Narking (APR 1984).
P.o.b. Point (APR 1984).
Inspection and Acceptance (APR
1984).
Reports of Hork (APR 1984).
Reports of Hork (APR 1984)
ALTERNATE I (APR 1984).
iy be used instead of 1552.210-070
is revised.
HA
HA
...
...
...
...
...
...
—
EPS2.
1552.
52.
52.
52.
52.
52.
52.
52.
210-970
210-071
212-001
212-001
212-001
212-001
212-002
212-002
212-002
Reports Of Hork ALTERNATE I (AOG
1984).
Monthly Progress Report— short
Porn (APR 1984).
Time of Delivery (APR 1984).
Tiae of Delivery (APR 1984).
ALTERNATE I (APR 1984).
Time of Delivery (APR 1984).
ALTERNATE II (APR 1984).
Time of Delivery (APR 1984).
ALTERNATE III (APR 1984).
Desired and Required Time of
Delivery (APR 1984).
Desired and Required Tine of
Delivery (APR 1984). ALTERNATE
(APR 1984).
Desired and Required Time of
Delivery (APR 1984). ALTERNATE
(APR 1984).
I
II
TN-3 BUILDER CHECKLIST 7—SMALL PURCHASES PAGE 2
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
TYPE
[*•]
[•* J
[••1
[ — 1
[••I
[**]
[•*]
• *
«*
*•
• •
*•
[•*
[••
[••
[•*
I**
[••1
[•*!
[••]
[*•]
••
(1C?
SBC
P
F
P
P
P
P
P
G
G
G
G
G
G
G
G
G
G
G
G
G
G
H
PP
SOP
HA
HA
HA
HA
HA
HA
HA
HA
HA
HA
...
HA
REQ
HA
HA
HA
HA
HA
Wk
—
HA
HA
PP
SVC
HA
HA
HA
HA
HA
HA
—
HA
HA
...
...
HA
REQ
HA
HA
HA
HA
HA
HA
HA
HA
HA
PP
CST
...
...
_.
...
HA
HA
HA
—
...
HA
RBQ
HA
HA
HA
HA
HA
HA
HA
HA
—
52.
EPS 2.
EPS2.
EPS2.
EPS2.
EPS 2.
52.
EPS 2.
1552.
1552.
15S2.
BPS2.
BPS2.
EP52.
52.
BPS2.
EPS 2.
EP52.
EPS 2.
EPS 2.
BPS2.
1552.
212-002
212-140
212-140
212-150
212-150
212-160
247-033
204-100
232-070
232-071
232-072
232-210
232-220
242-100
243-007
244-100
245-100
245-110
245-120
245-130
245-140
208-070
PROVISIONS/CLAUSES
Desired and Required Time of
Delivery (APR 1984). ALTERNATE
III (APR 1984).
Period of Performance (AOG 1984).
Period of Performance, ALTERNATE I
(AOG 1984).
Period of Performance— starting
Hith Effective Date of Contract
(AOG 1984).
Period of Performance— starting
Hith Effective Date of Contract,
ALTERNATE I (AOG 1984).
Delivery Schedule (APR 1984).
P.o.b. Origin, with Differentials
(APR 1984).
Memorandum of Understanding (MAS)
(APR 1984).
Application of Prompt Payment
Act— Contracts with Advance,
Progress, or Provisional Payments
(APR 1984).
Application of the Prompt Payment
Act— Contract with f.o.b.
Destination Deliverables (APR
1984).
Application of the Prompt Payment
Act— Contract with P.o.b. origin
Deliverables (APR 1984).
Interest on Overdue Payments (AOG
1984).
Method of Payment (AOG 1984).
Contract Administration
Representatives (AOG 1984).
Notification of Changes (APR 1984)
Subcontract Consent (APR 1984).
Contractor-Acquired Government
Property (APR 1984).
Government Property— Residual
Inventory (APR 1984).
Government-Purnished Property (AOG
1984).
Government Property — Facilities
Use (APR 1984).
Designation of Property
Administrator (APR 1984).
Printing (APR 1984).
TN-3 BUILDER CHECKLIST 7—SMALL PORCHASBS PAGE 3
-------
O.S. ENVIRONMENTAL PROTECTION AGENCY
TYPE
•*
••
[••]
*•
**
•
•
*
•
[••I
[••]
•
*
*•
*
•
[••1
[••1
[**1
[••1
[••]
*
UCP
SBC
H
H
H
H
H
H
H
H
H
B
Z
Z
z
z
z
z
z
z
z
z
z
z
FP
SOP
HA
HA
...
—
HA
HA
HA
HA
HA
RBQ
RBQ
RBQ
HA
HA
HA
...
...
Mt
—
...
—
.FP
SVC
HA
HA
HA
HA
HA
HA
HA
HA
—
HA
RBQ
RBQ
RBQ
HA
HA
HA
...
...
HA
—
...
_-_
PP
CST
HA
— .
...
HA
...
HA
HA
HA
...
HA
RBQ
RBQ
RBQ
HA
HA
HA
HA
HA
—
HA
HA
HA
1552.
1552.
EPS 2.
1552.
BP52.
1552.
1552.
1552.
1552.
EPS 2.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
52.
209-071
213-070
217-979
223-070
223-100
227-071
227-071
227-072
227-073
252-110
252-002
203-003
203-005
209-002
210-005
210-007
212-003
212-003
212-004
212-005
212-005
212-006
PROVISIONS/CLAUSES
Organizational Conflicts of
Interest (APR 1984).
Notice to Suppliers of Equipment
(APR 1984).
Option To Renew the Contract-
Services Contract (AUG 1984).
Protection of Human Subjects (APR
1984).
Care of Laboratory Animals (AUG
1984).
Rights in Data— General (APR 1984)
Rights in Data— General (APR
1984). ALTERNATE Z (APR 1984).
Rights in Data— Special Hoc lea (APR
1984).
Rights in Data— Existing Horks
(APR 1984).
Special Contract Requirements
Incorporated ay Reference (AUG
1984).
Clauses Incorporated by Reference
(APR 1984).
Gratuities (APR 1984).
Covenant Against Contingent Pees
(APR 1984).
Qualified Products— Components of
End Items (APR 1984).
New Material (APR 1984).
Used or Reconditioned Material,
Residual inventory, and Former
Government Surplus Property (APR
1984).
Commencement, Prosecution, and
completion of Hork (APR 1984).
Commencement, Prosecution, and
Completion of Hork ALTERNATE I
(APR 1984).
Liquidated Damages— Supplies,
Services, or Research and
Development (APR 1984).
Liquidated Damages— Construction
(APR 1984).
Liquidated Damages— Construction
(APR 1984). ALTERNATE I (APR
1984).
Time Extensions (APR 1984).
TN-3 BUILDER CHECKLIST 7—SMALL PURCHASES PAGE 4
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(ICP PP PP PP
TYPE SBC SOP SVC CST PROVISIONS/CLAUSES
[**] I REQ HA 52. 212-009 Variation in Quantity (APR 1984).
• I REQ HA 52. 212-010 Delivery of Excess Quantities of
$100 or Less (APR 1984).
• i REQ 52. 212-012 Suspension of Hork (APR 1984).
[•*] I HA HA 52. 212-015 Government Delay of Hork (APR
1984).
• I HA HA HA 52. 213-001 Past Payment Procedure (APR 1984)
* I HA HA HA 52. 219-004 Notice of Total Small Business-
Small Purchase set-Aside (APR
1984).
* I HA HA HA 52. 219-007 Notice of Partial Small Business
Set-Aside (APR 1984).
• I HA HA HA 52. 222-001 Notice to the Government of Labor
Disputes (APR 1984).
* I HA HA HA 52. 222-003 Convict Labor (APR 1984).
[**] I HA HA HA 52. 222-004 Contract Hork Hours and Safety
Standards Act—Overtime
Compensation—General (APR 1984).
* I REQ REQ REQ 52. 222-026 Equal Opportunity (APR 1984).
[*•] I HA HA HA 52. 222-026 Equal Opportunity (APR 1984).
ALTERNATE I (APR 1984).
• I REQ REQ REQ 52. 222-036 Affirmative Action for Handicapped
Heritors (APR 1984).
[**] X HA HA HA 52. 222-036 Affirmative Action for Handicapped
Horkers (APR 1984). ALTERNATE I
(APR 1984).
[••II HA HA HA 52. 222-042 Statement of Equivalent Federal
Hage Rates (APR 1984).
*• I HA HA — EP52. 222-100 Contract Hork Hours and Safety
Standards Act—Overtime
Compensation (40 O.S.C. 327-333)
(APR 1984).
*• I HA HA BP52. 222-110 Contract Hork Hours and safety
Standards Act—overtime
Compensation—Firefighters and
Pireguarda (APR 1984).
•• I HA HA EPS2. 222-120 Payrolls and Basic Records (APR
1984).
** I — HA EPS2. 222-130 Davis-Bacon Act (APR 1984).
** I — HA EP52. 222-140 Contract Hork Hours and Safety
Standards Act—Overtime
Compensation—(Construction) (40
O.S.C. 327-333) (APR 1984).
** I — HA EPS2. 222-150 Apprentices and Trainees (APR
1984).
*• i WA BPS2. 222-160 Payrolls and Basic Records
(Construction) (APR 1984).
TN-3 BOILDBR CHECKLIST 7—SMALL PURCHASES PAGE 5
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U.S. ENVIRONMENTAL PROTECTION AGENCY
UCF FP PP PP
TYPE SBC SOP SVC CST PROVISIONS/CLAUSES
•• I — MA BPS2. 222-170 Compliance with Copeland Act
Requirement (APR 1984).
• • i HA EPS2. 222-180 Withholding (APR 1984).
•* I HA BPS2. 222-190 Subcontracts (Construction) (APR
1984).
•• I — — VIA EPS2. 222-200 Contract Termination; Debarment
(APR 1984).
*• I WA EPS2. 222-210 Disputes Concerning Labor
Standards (APR 1984).
** I — — MA EPS2. 222-220 Compliance with Davis-Bacon and
Related Act Requirements (APR
1984).
** i HA Ep52. 222-230 Certification of Eligibility (APR
1984).
** I MA MA EPS2. 222-240 Service Contract Act of 1965—
Contracts of $2,500 or Less (APR
1984).
** I MA MA EPS2. 222-250 Service Contract Act of 1965 (APR
1984).
** I — MA BPS2. 222-260 Pair Labor Standards Act and
Service Contract Act—Price
Adjustment (Multiyear and Option
Contracts) (SEP 1984).
*• I MA — EPS2. 222-265 Pair Labor Standards and Service
Contract Act—Price Adjustment
(SEP 1984).
• I MA MA MA 52. 223-003 Hazardous Material Identification
and Material safety Data (APR
1984).
* I MA MA MA 52. 224-001 Privacy Act Notification (APR
1984).
• I MA MA HA 52. 224-002 Privacy Act (APR 1984).
• I HA HA — 52. 225-003 Buy American Act—Supplies (APR
1984).
* I HA HA HA 52. 227-001 Authorization and Consent (APR
1984).
• I — — HA 52. 228-002 Additional Bond Security (APR
1984).
* I RBQ RBQ REQ 52. 232-001 Payments (APR 1984).
• Z RBQ RBQ RBQ 52. 232-008 Discounts for Prompt Payment (APR
1984).
• I REQ REQ 52. 232-011 Extras (APR 1984).
[**] I MA HA 52. 232-012 Advance Payments (APR 1984).
•• I HA HA — 52. 232-012 Advance Payments (APR 1984).
ALTERNATE I (APR 1984).
TN-3 BUILDER CHECKLIST 7—SMALL PURCHASES PAGE 6
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
ocr n PP PP
TYPE SBC SUP SVC CST PROVZSZONS/CLAUSBS
l**J Z HA HA — 52. 232-012 Advance Payments (APR 1984).
ALTERNATE ZZZ (APR 1984).
•* I HA HA — 52. 232-012 Advance Payments (APR 1984).
ALTERNATE IV (APR 1984).
* Z HA HA HA 52. 232-018 Availability of Funds (APR 1984).
* Z VIA HA HA 52. 232-023 Assignment of Claims (APR 1984).
• Z HA HA HA 52. 232-023 Assignment of Claims (APR 1984).
ALTERNATE Z (APR 1984).
* Z HA HA HA 52. 232-024 Prohibition of Assignment of
Claims (APR 1984).
NOTE: A Disputes clause is requited for each EPA solicitation and contract.
Zt is EPA policy to use the PAR clause alternate in most cases. The basic PAR
clause can be used when circumstances warrant. The following notations
adjacent to these Disputes clauses reflect the EPA policy. USE ONLY ONE
DISPUTES CLAUSE ZN A GIVEN SOLICITATION OR CONTRACT.
* Z HA HA HA 52. 233-001 Disputes (APR 1984).
• Z REQ REQ RBQ 52. 233-001 Disputes (APR 1984). ALTERNATE Z
(APR 1984).
• i — HA 52. 236-002 Differing Site Conditions (APR
1984).
• x MA 52. 236-003 Site Investigation and Conditions
Affecting the Work (APR 1984).
[••] Z HA 52. 236-004 Physical Data (APR 1984).
* i — —. HA 52. 236-005 Material and Workmanship (APR
1984).
• x — — HA 52. 236-006 Superintendence by the Contractor
(APR 1984).
* i ... HA 52. 236-007 Permits and Responsibilities (APR
1984).
* x HA 52. 236-008 Other Contracts (APR 1984).
• X — — HA 52. 236-009 Protection of Existing Vegetation,
Structures, Equipment, Utilities
and Improvements (APR 1984).
« i — ... HA 52. 236-010 Operations and Storage Areas (APR
1984).
• x — — HA 52. 236-011 Use and Possession Prior to
Completion (APR 1984).
• X HA 52. 236-012 Cleaning Up (APR 1984).
• X — — HA 52. 236-013 Accident Prevention (APR 1984).
• x HA 52. 236-013 Accident Prevention (APR 1984)
ALTERNATE Z (APR 1984).
• X — HA 52. 236-014 Availability and Use of Utility
Services (APR 1984).
• X — — HA 52. 236-021 Specifications and Drawings for
Construction (APR 1984).
TN-3 BUILDER CHECKLIST 7—SMALL PURCHASES PAGE 7
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
UCF 99 PP PP
TYPE SBC SUP SVC CST PROVZSZOMS/CLAOSBS
(**] i — — HA 52. 236-021 Specifications and Drawings for
construction (APR 1984) ALTERNATE
Z (APR 1984).
[••] i WA 52. 236-021 Specifications and Drawings for
Construction (APR 1984) ALTERNATE
ZZ (APR 1984).
* I HA HA 52. 237-002 Protection of Government
Buildings, Equipment, and
vegetation (APR 1984).
• z HA HA — 52. 242-010 p.o.b. Origin—Government Bills of
Lading or Prepaid Postage (APR
1984).
• Z HA HA 52. 242-011 F.o.b. Origin—Government Bills of
Lading or Indicia Hail (APR 1984).
• Z RBQ 52. 243-001 Changes—Fixed-Price (APR 1984).
• Z HA 52. 243-001 Changes—Fixed-Price (APR 1984).
ALTERNATE Z (APR 1984).
* Z HA 52. 243-001 Changes—Fixed-Price (APR 1984).
ALTERNATE ZZ (APR 1984).
• Z HA 52. 243-001 Changes—Fixed-Price (APR 1984).
ALTERNATE ZV (APR 1984).
* i — — RBQ 52. 243-005 Changes and Changed Conditions
(APR 1984).
* Z HA HA HA 52. 244-001 Subcontracts Under Fixed-Price
Contracts (APR 1984).
[••IX HA HA HA 52. 244-001 Subcontracts Under Fixed-Price
Contracts (APR 1984) ALTERNATE Z
(APR 1984).
• Z HA HA — 52. 246-001 Contractor Inspection Requirements
(APR 1984).
* Z HA HA — 52. 246-002 Znspection of Supplies—Fixed-
Price (APR 1984).
• Z — HA — 52. 246-004 Znspection of Services—Fixed-
Price (APR 1984).
• x — — HA 52. 246-012 Znspection of Construction (APR
1984).
[••] Z HA — — 52. 246-017 Harranty of supplies of a
Noncomplex Nature (APR 1984).
[••] Z HA — 52. 246-017 Harranty of Supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE Z (APR 1984).
[**1 Z HA — — 52. 246-017 Harranty of Supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE ZZ (APR 1984).
[*•] Z HA — — 52. 246-017 Harranty of Supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE ZZZ (APR 1984).
TN-3 BOZLDBR CHECKLIST 7—SMALL PURCHASES PAGE 8
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O.S. ENVIRONMENTAL PROTECTION AGENCY
OCP 99 FP FP
YPE SBC SOP SVC CST PROVISIONS/CLAUSES
**] I WA — 52. 246-017 Warranty of Supplies of a
Noncomplex Nature (APR 1984).
ALTERNATE V (APR 1984).
I**l I HA — 52. 246-018 Warranty of Supplies of a Complex
Nature (APR 1984).
* I WA — — 52. 246-018 Warranty of Supplies of a Complex
Nature (APR 1984). ALTERNATE I
(APR 1984).
• I WA — — 52. 246-018 Warranty of Supplies of a Complex
Nature (APR 1984). ALTERNATE II
(APR 1984).
* I WA — — 52. 246-018 Warranty of Supplies of a Complex
Nature (APR 1984). ALTERNATE IV
(APR 1984).
••I WA WA 52. 246-015 Certificate of Conformanee (APR
1984).
• I RBQ WA 52. 246-016 Responsibility for Supplies (APR
1984).
[••] i HA — 52. 246-020 Warranty of services (APR 1984).
• I — — WA 52. 246-021 warranty of Construction (APR
1984).
• i — — HA 52. 246-021 Warranty of Construction (APR
1984). ALTERNATE I (APR 1984).
[•*] I WA — 52. 247-001 Commercial Bill of Lading
Notations (APR 1984).
* I WA 52. 247-029 F.o.b. Origin (APR 1984).
* I WA — 52. 247-030 p.o.b. Origin, Contractor's
Facility (APR 1984).
• I WA — 52. 247-031 P.o.b. Origin, Freight Allowed
(APR 1984).
• I WA — — 52. 247-032 P.o.b. Origin, Freight Prepaid
(APR 1984).
• I HA 52. 247-034 P.o.b. Destination (APR 1984).
• Z WA — 52. 247-035 P.o.b. Destination, within
Consignee's Premises (APR 1984).
• I MA — — 52. 247-048 P.o.b. Destination—Evidence of
Shipment (APR 1984).
• I «* — — 52. 247-054 Diversion of Shipment Onder P.o.b.
Destination Contracts (APR 1984).
* Z RIQ — RBQ 52. 249-001 Termination for Convenience of the
Government (Fixed-Price) (Short
Form) (APR 1984).
* Z — RBQ — 52. 249-004 Termination for Convenience of the
Government (Services) (Short Form)
(APR 1984).
• Z WA WA 52. 249-008 Default (Fixed-Price Supply and
Service) (APR 1984).
TN-3 BUILDER CHECKLIST 7—SHALL PURCHASES PAGE 9
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0.3. EHVZROHMBNTAZ. PROTECTION AGENCY
oc?
TYPB SBC
• Z
• Z
• Z
• Z
• Z
* Z
L J •
I J •
[••] J
PP
SOP
r
...
...
...
REQ
HA
HA
HA
HA
PP
SVC
Z
...
—
...
RBQ
HA
HA
HA
HA
PP
CST
HA
HA
HA
HA
RBQ
HA
HA
HA
HA
52.
52.
52.
52.
52.
52.
52.
52.
EPS 2.
249-010
249-010
249-010
249-010
249-014
251-001
252-004
252-006
252-100
PROVISZONS/CLAOSBS
Default (Pixed-Price Construction)
(APR 1984).
Default (Pixed-Price Construction)
ALTERNATE Z (APR 1984).
Default (Pixed-Price Construction)
ALTERNATE ZZ (APR 1984).
Default (Pixed-Price Construction)
ALTERNATE ZZZ (APR 1984).
Excusable Delays (APR 1984).
Government Supply sources (APR
1984).
Alterations in Contract (APR 1984).
Authorized Deviations in Clauses
(APR 1984).
List of Attachments (APR 1984).
Solicitation Provisions
•• K
•• K
n
•• K
•• K
• K
l**l L
•• L
[••1 L
RBQ
HA
HA
RBQ
RBQ
HA
HA
Hft
HA
RBQ
HA
HA
RBQ
RBQ
HA
HA
—
...
RBQ
HA
HA
RBQ
RBQ
HA
HA
_
...
52.
1552.
1552.
52.
1552.
52.
52.
52.
52.
203-001
203-070
209-072
219-001
224-070
227-007
252-001
210-001
210-003
Officials Not to Benefit (APR
1984).
Currant/Former Agency Employee
Znvolvement Certification (APR
1984).
Organizational Conflict of
interest Certification (APR 1984).
Small Business Concern
Representation (APR 1984).
Social Security Numbers of
consultants and Certain sole
Proprietors and Privacy Act
Statement (APR 1984).
Patents— Notice of Government
Licensee (APR 1984).
Solicitation Provisions
Incorporated by Reference (APR
1984).
Availability of Specifications
Listed in the Index of Federal
Specifications and Standards (APR
1984).
Availability of Specifications Not
Listed in the GSA Zndex of Federal
Specifications and Standards (APR
1984).
TN-3 BOILDBR CHECKLIST 7—SMALL PURCHASES PAGE 10
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
OCF FP FP FP
TYPE SBC SUP SVC CST PROVISIONS/CLAUSES
[••] L HA — 52. 210-004 Availability foe Examination of
Specifications Not Listed in the
Index of Federal Specifications
and Standards (APR 1984).
• L HA HA HA 52. 210-006 Listing of Osed or Reconditioned
Material, Residual Inventory and
Former Government Surplus Property
(APR 1984).
[•*] L HA HA HA BP92. 219-100 Set-Aside/Size Standard
Information (AOG 1984).
•* L HA HA VIA 1552. 227-070 Notification of Limited-Rights
Data and Restricted Computer
software (APR 1984).
• L HA 52. 237-001 Site Visit (APR 1984).
[••] L HA HA HA 52. 252-003 Alterations in Solicitation (APR
1984).
[**] L HA HA HA 52. 252-005 Authorized Deviations in
Provisions (APR 1984).
[*•] M HA HA HA 52. 209-001 Qualified Products—Bnd Items (APR
1984).
TN-3 BUILDER CHECKLIST 7—SMALL PURCHASES PAGE 11
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U.S. ENVIRONMENTAL PROTECTION AGENCY
ACQUISITION HANDBOOK
VOLUME II
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
ACQUISITION HANDBOOK
Volume II—Provisions and Clauses
INTRODUCTION
This Volume II is designed to contain a data base of peovisions and
clauses foe certain types and purposes of EPA procurements which are
identified in volume I. _£AR provisions and clauses ha.ye *_52* prefixes,
EPAAR_U_552' prefixes, and EPA Acquisition Handbook "siiX'" prefixes.
FAR provisions and clauses have suffixes of less than 70, EPAAR between
70 and 99, and EPA Acq Hdbk 100 and over. The data base is in
ascending numerical order disregarding the prefixes. In addition, the
text of the provisions and clauses from EPAAR and this Acquisition
Handbook are provided for ready reference. PAR should be consulted for
the text of provisions and clauses in that issuance. See Volume I
BUILDER CHECKLISTS for information about whether a provision or clause
is required for a procurement document or whether- it is to be used when
applicable. Also, see the BUILDER CHECKLISTS about incorporating *by
reference' or "full text,* and the Uniform Contract Format section into
which provisions and clauses are to be placed.
TN-3
-------
U.S. ENVIRONMENTAL PROTECTION AGENCY
ACQUISITION HANDBOOK
Volume II—•Provisions and Clauses
Page
Section No.
1
1
1
2
2
2
2
3
3
3
4
4
4
4
4
5
5
5
5
6
6
7
3
52.202-01
52.203-01
52.203-02
52.203-03
52.203-04
52.203-05
1552.203-70
52.204-01
52.204-02.
EP52. 204-100
52.207-01 i.
52.207-02
52.207-03
52.208-01
52.208-02
1552.208-70
52.209-01
52.209-021
52.209-03
52.209-04
1552.209-70
1552.209-71
1552.209-72
52.210-01
INDEX
Provision/Clause Title
•Definitions (APR 1984).
•Officials Not to Benefit (APR 1984).
Certificate of Independent Price
Determination (APR 1984).
Gratuities (APR 1984).
Contingent Pee Representation and Agreement
(APR 1984).
Covenant Against Contingent Pees (APR 1984).
Current/Former Agency Employee Involvement
Certification.
Approval of Contract (APR 1984).
Security Requirements (APR 1984).
Memorandum of Understanding (NAS) (APR 1984).
Notice of Cost Comparison (Advertised) (APR
1984).
Notice of Cost Comparison (Negotiated) (APR
1984).
Right of First Refusal of Employment (APR
1984).
Required Sources for Jewel Bearings and
Related Items (APR 1984).
•Jewel Bearings and Related Items Certificate
(APR 1984).
Printing.
• Qualified Products—End Items (APR 1984).
Qualified Products—Components of End Items
(APR 1984).
First Article Approval—Contractor Testing
(APR 1984).
First Article Approval—Government Testing
(APR 1984).
Organizational Conflict of Interest
Notification.
, Organizational Conflicts of Interest.
Organizational Conflict of Interest
'Certification.
Availability of Specifications Listed in the
'Index of Federal Specifications and Standards
(APR 1984).
TN-3
-------
Section No. Provision/Clause Title
52.210-03 • Availability of Specifications Not Listed in
1 the GSA Index of Federal Specifications and
• Standards (APR 1984).
9 52.210-04 -Availability for Examination of
•Specifications Not Listed in the Index of
'Federal Specifications and Standards (APR
•1984).
9 52.210-05 • New Material (APR 1984).
9 52.210-06 .Listing of Used or Reconditioned Material,
•Residual Inventory and Former Government
Surplus Property (APR 1984).
10 52.210-07 Used or Reconditioned Material, Residual
Inventory, and Former Government Surplus
• Property (APR 1984).
10 1552.210-70 Reports of Work.
11 1552.210-71 -Monthly Progress Report—Short Form.
11 1552.210-72 Monthly Progress Report—Cost-Type Contract.
12 1552.210-73 •Monthly Progress Report—Time and Materials
or Labor Hour, or Indefinite
Delivery/Indefinite Quantity Fixed Rate
Services Contract.
13 1552.210-74 • Working Files.
13 1552.210-75 - Legal Analysis.
14 1552.210-76 •Final Reports.
14 1552.210-77 • Management Consulting Services.
15 EP52.210-100 Statement of Work/Specifications (AUG 1984).
15 EP52.210-110 Statement of Work—Contract Where Work Is
Ordered by Work Assignments or Delivery
Orders (APR 1984).
15 EP52.210-120 Incorporation of Contractor's Technical
Proposal (APR 1984).
16 EP52.210-130 'Incorporation of Contractor's Quality
Assurance (QA) Project Plan (APR 1984).
16 52.212-01 'Time of Delivery (APR 1984).
16 52.212-02 -Desired and Required Time of Delivery (APR
1984).
17 52.212-03 . • Commencement, Prosecution, and Completion of
Work (APR 1984).
17 52.212-04 -Liquidated Damages—Supplies, Services, or
Research and Development (APR 1984).
18 52.212-05. • Liquidated Damages—Construction (APR 1984).
18 52.212-06.' 'Time Extensions (APR 1984).
18 52.212-09 -Variation in Quantity (APR 1984).
18 S2.212-10~_ -Delivery of Excess Quantities of $100 or Less
(APR 1984).
19 52.212-11- (Variation in Estimated Quantity (APR 1984).
19 52.212-12 .Suspension of Work (APR 1984).
19 52.212-13. -Stop-Work Order (APR 1984).
19 52.212-15. 'Government Delay of Work (APR 1984).
20 1552.212-70 .Level of Effort—Cost-Reimbursement Term
Contract.
ii
TN-3
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Section No. Provision/Clause Title
20 1552.212-71 'Work Assignments.
21 EP52.212-100 .Incorporation of Notice of Award (APR 1984).
22 EP52.212-110 Incorporation of Notice to Proceed (APR 1984).
22 EP52.212-130 .Letter Contract (APR 1984).
22 EP52.212-140 Period of Performance (AUG 1984).
22 EP52.212-140 Period of Performance (AUG 1984) ALTERNATE I
(AUG 1984).
23 EP52.212-150 'Period of Performance—Starting With
Effective Date of Contract (AUG 1984).
23 EP52.212-150 -Period of Performance—Starting with
Effective Date of Contract (AUG 1984)
ALTERNATE I (AUG 1984).
23 EP52.212-155 • Effective Period of Contract—Time and
Materials, Labor Hour, or Indefinite
Delivery/Indefinite Quantity Pixed-Rate
Services Contract (APR 1984).
24 EP52.212-160 -Delivery Schedule (APR 1984).
24 EP52.212-170 .Proposed Contract Start Date—Completion
Contracts (AUG 1984).
24 EP52.212-180 -Proposed Contract Start Date—Level of Effort
Contract (AUG 1984).
24.1 52.213-01 .Past Payment Procedure (APR 1984).
24.1 1552.213-70 Notice to Suppliers of Equipment.
25 52.214-01 'Solicitation Definitions—Pormal Advertising
(APR 1984).
25 52.214-02 >Type of Business Organization—Formal
Advertising (APR 1984).
25 52.214-03 .Acknowledgement of Amendments to Invitations
for Bids (APR 1984).
25 52.214-04 .False Statements in Bids (APR 1984).
25 52.214-05 .Submission of Bids (APR 1984).
26 52.214-06 Explanation to Prospective Bidders (APR 1984).
26 52.214-07 -Late Submissions, Modifications, and
Withdrawals of Bids (APR 1984).
26 52.214-08 . Parent Company and Identifying Data (APR
1984).
26 52.214-09 -Failure to Submit Bid (APR 1984).
26 52.214-10 .Contract Award—Pormal Advertising (APR 1984).
27 52.214-11 .Order of Precedence—Pormal Advertising (APR
1984).
27 52.214-12 >Preparation of Bids (APR 1984).
27 52.214-13 >Telegraphic Bids (APR 1984).
27 52.214-14 -Place of Performance—Pormal Advertising (APR
1984).
27 52.214-15 -Period for Acceptance Bids (APR 1984).
28 52.214-16 -Minimum Bid Acceptance Period (APR 1984).
28 52.214-17 .Affiliated Bidders (APR 1984).
28 52.214-18 Preparation of Bids—Construction (APR 1984).
28 52.214-19 Contract Award—Pormal Advertising—
Construction (APR 1984).
28 52.214-20 -Bid Samples (APR 1984).
iii
TN-3
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Page
Section No.
Provision/Clause Title
29 52.214-21 >Descriptive Literature (APR 1984).
29 52.214-22 -Evaluation of Bids for Multiple Awards (APR
1984).
29 52.214-23 Late Submissions, Modifications, and
Withdrawals of Technical Proposals under
Two-Step Formal Advertising (APR 1984).
30 52.214-24 Multiple Technical Proposals (APR 1984).
30 52.214-25 -Step Two of Two-Step Formal Advertising (APR
1984).
30 52.214-26 Audit—Formal Advertising (APR 1984).
30 52.214-27 -Price Reduction for Defective Cost or Pricing
Data—Modifications—Formal Advertising (APR
1984).
30 52.214-28: -Subcontractor Cost or Pricing Data-
Modifications—Formal Advertising (APR 1984).
31 1552.214-70 .Past Performance.
31 1552.214-71. .Contract Award—Other Factors—Formal
Advertising.
31 52.215-01 • Examination of Records by Comptroller General
(APR 1984).
32 52.215-02' - Audit—Negotiation (APR 1984).
32 52.215-03 Solicitation for Information or Planning
Purposes (APR 1984).
32 52.215-04 Notice of Possible Standardization (APR 1984).
32 52.215-05 'Solicitation Definitions (APR 1984).
32 52.215-06 .Type of Business Organization (APR 1984).
33 52.215-07 Unnecessarily Elaborate Proposals or
Quotations (APR 1984).
33 52.215-08 -Acknowledgement of Amendments to
•Solicitations (APR 1984).
33 52.215-09 -Submission of Offers (APR 1984).
33 52.215-10 'Late Submission, Modifications, and
Withdrawals of Proposals (APR 1984).
33 52.215-11 Authorized Negotiators (APR 1984).
33 52.215-12 Restriction on Disclosure and Use of Data
(APR 1984).
34 52.215-13 Preparation of Offers (APR 1984).
34 52.215-14 Explanation to Prospective Offerers (APR
'1984).
34 52.215-15 Failure to Submit Offer (APR 1984).
34 52.215-16 .Contract Award (APR 1984).
34 52.215-17 -Telegraphic Proposals (APR 1984).
34 52.215-18 Order of Precedence (APR 1984).
34 52.215-19 Period for Acceptance of Offer (APR 1984);
35 52.215-20 Place of Performance (APR 1984).
35 52.215-21 'Changes or Additions to Make-or-Buy Program
'(APR 1984).
35 52.215-22 'Price Reduction for Defective Cost or Pricing
• Data (APR 1984).
TN-3
iv
-------
Section No. Provision/Clause Title
52.215-23. 'Price Reduction for Defective Cost or Pricing
'Data—Modifications (APR 1984).
52.215-24 -Subcontractor Cost or Pricing Data (APR 1984).
52.215-25. 'Subcontractor Cost or Pricing
•Data—Modifications (APR 1984).
52.215-30. -Facilities Capital Cost of Honey (APR 1984).
52.215-31 -waiver of Facilities Capital Cost of Honey
(APR 1984).
36 1552.215-70 EPA Source Evaluation and Selection
Procedures—Negotiated Procurements.
37 1552.215-71 Evaluation Factors for Award.
38 1552.215-72 -Past Performance.
39 1552.215-73 -Instructions for the Preparation of Technical
.and Cost or Pricing Proposals.
42 1552.215-74 .Cost Proposal Instructions.
44 1552.215-75 Additional Representations, Certifications*
•and Statements of Offerers Whose Proposals
-Are In the Competitive Range.
45 1552.215-76 -General Financial and Organizational
•> Information.
48 EP52.215-100 Preproposal Conference (APR 1984).
48 EP52.215-110 -Technical Questions (APR 1984).
49 EP52.215-120 >Definition of Labor Classifications (APR
1984).
50 EP52.215-130 -Evaluation of Other Direct Costs (APR 1984).
50 EP52.215-140 .Base Fee and Award Fee Proposal (AUG 1984).
51 52.216-01 -Type of Contract (APR 1984).
51 52.216-02 Economic Price Adjustment—Standard Supplies
(APR 1984).
51 52.216-03 • Economic Price Adjustment—Semistandard
-Supplies (APR 1984).
51 52.216-04 -Economic Price Adjustment—Labor and Material
(APR 1984).
52 52.216-05 Price Redetermination—Prospective (APR 1984).
52 52.216-06 -Price Redetermination—Retroactive (APR 1984).
52 52.216-07. 'Allowable Cost and Payment [Modification]
•(APR 1984).
53 52.216-08 Fixed-Fee (APR 1984).
53 52.216-09 -Fixed Fee—Construction (APR 1984).
53 52.216-10. Incentive Fee (APR 1984).
53 52.216-11 -Cost Contract—No Fee (APR 1984).
53 52.216-12 -Cost-Sharing Contract—No Fee (APR 1984).
54 52.216-15 -Predetermined Indirect Cost Rates (APR 1984).
54 52.216-16. -Incentive Price Revision—Firm Target (APR
-1984).
54 52.216-17' -Incentive Price Revision—Successive Targets
(APR 1984).
55 52.216-18- -Ordering (APR 1984).
55 52.216-19 -Delivery-Order Limitations (APR 1984).
55 52.216-20 . Definite Quantity (APR 1984).
55 52.216-21, Requirements (APR 1984).
TN-3
-------
Section No.
Provision/Clause Title
56 52.216-22
56 52.216-23
56 52.216-24
56 52.216-25
57 52.216-26.
57 1552.216-70
57 1552.216-71
58 1552.216-72
59 1552.216-73
59 EP52.216-130
60 EP52.216-140
60 EP52.216-150
60 EP52.216-160
61 EP52.216-170
61 EP52.216-175
61 EP52.216-180
62 EP52.216-190
62 EP52.216-200
62 EP52.216-205
62.1 52.217-03
62.1 52.217-04
63 52.217-05
63 52.217-06
63 52.217-07
64 52.217-08
64 52.217-09.
64 1552.217-70
64 1552.217-71
65 1552.217-72
66 1552.217-73
67 1552.217-74'
68 1552.217-75.
68 1552.217-76
-Indefinite Quantity (APR 1984).
-Execution and Commencement of Hock (APR 1984).
•Limitation of Government Liability (APR 1984).
-Contract Oefinitization (APR 1984).
•Payments of Allowable Costs Before
•Definitization (APR 1984).
. Award Fee.
Date of Incurrence of Cost.
Ordering—By Designated Ordering Officers.
-Fixed Rates for Services—Indefinite
•Delivery/Indefinite Quantity Contract.
•Fixed Rates for Services—Time and Materials
•or Labor Hour Contract.
•Minimum and Maximum Amounts (AUG 1984).
•Ceiling Price (APR 1984).
•Consideration and Payment—Total Fixed Price
-(APR 1984).
•Consideration and Payment—Itemized Fixed
'Prices (AUG 1984).
•Work To Be Performed and Contract Price—
•Construction or A-E Contract (AUG 1984).
-Estimated Cost (APR 1984).
•Estimated Cost and Fixed Fee (APR 1984).
-Estimated Cost, Base Fee and Award Fee (APR
1984).
-Evaluation Quantities—Indefinite Delivery
-Solicitation (SEP 1984).
-Evaluation Exclusive of Options (APR 1984).
'Evaluation of. Options Exercised at Time of
-Contract Award (APR 1984).
.—Evaluation of Options (APR 1984).
-Option for Increased Quantity (APR 1984).
•Option for Increased Quantity—Separately
-Priced Line Item (APR 1984).
-Option To Extend Services (APR 1984).
'Option To Extend the Term of the
-Contract—Services (APR 1984).
—Evaluation of Contract Options.
-Option To Extend the Term of the
-Contract—Cost-Type Contract.
'Option To Extend the Term of the Contract—
-Cost-Plus-Award-Fee Contract.
-Option for Increased Quantity—Cost-Type
-Contract.
"Option for Increased Quantity—
'•Cost-Plus-Award-Pee Contract.
'Option To Extend the Effective Period of the
'Contract—Time and Materials or Labor Hour
"Contract.
-Option To Extend the Effective Period of the
'Contract—Indefinite Delivery/Indefinite
-Quantity Contract.
TN-3
vi
-------
Page Section No. Provision/Clause Title
69 52.219-01 -Small Business Concern Representation (APR
-1984).
69 52.219-02 "Small Disadvantaged Business Concern
~Representation (APR 1984).
69 52.219-03 —Women-Owned Small Business Representation
(APR 1984).
70 52.219-04 'Notice of Total Small Business—Snail
-Purchase Set-Aside (APR 1984).
70 52.219-05 -Notice of Total Small Business-Labor Surplus
-Area Set-Aside (APR 1984).
70 52.219-06 -Notice of Total Small Business Set-Aside (APR
-1984).
70 52.219-07 -Notice of Partial Small Business Set-Aside
—(APR 1984).
70 52.219-08. -Utilization of Small Business Concerns and
-Small Disadvantaged Business Concerns (APR
.--1984).
71 52.219-09 -Small Business and Small Disadvantaged
'Business Subcontracting Plan (APR 1984).
71 52.219-10 "incentive Subcontracting Program for Small
-and Small Disadvantaged Business Concerns
(APR 1984).
71 52.219-11 . -Special 8(a) Contract Conditions (APR 1984)
72 52.219-12 -Special 8(a) Subcontract Conditions (APR
^1984).
72 52.219-13. 'Utilization of Women-Owned Small Businesses
-(APR 1984).
72 EP52.219-100 ^-Set-Aside/Size Standard Information (AUG
-1984).
72 EP52.219-105 'Subcontracting Program for Small Business and
-Small Disadvantaged Business (APR 1984).
73 EP52.219-120 -Subcontracting Reports—Small Business and
"Small Disadvantaged Business Concerns (APR
1984).
73 EP52.219-125 -Submission of Offerer's Small Business and
7Small Disadvantaged Business Subcontracting
-Plan (SEP 1984).
74 52.220-01 -Preference for Labor Surplus Area Concerns
-(APR 1984).
74 52.220-02 . 'Notice of Total Labor Surplus Area Set-Aside
- (APR 1984).
74 52.220-03- -Utilization of Labor Surplus Area Concerns
(APR 1984).
75 52.220-04'. 'Labor Surplus Area Subcontracting Program
'(APR 1984).
75 52.222-01.- "Notice to the Government of Labor Disputes
-(APR 1984).
75 52.222-02- -Payment for Overtime Premiums (APR 1984).
75 52.222-03 - .Convict Labor (APR 1984).
vii
TN-3
-------
Page Section No. Provision/Clause Title
76 52.222-19 -Walsh-Healey Public Contracts Act
'Representation (APR 1984).
76 52.222-20 -Walsh-Healey Public Contracts Act (APR 1984).
77 52.222-21 -Certification of Nonsegregated Facilities
'(APR 1984).
77 52.222-22 'Previous Contracts and Compliance Reports
-(APR 1984).
77 52.222-23 -Notice of Requirement for Affirmative Action
~to Ensure Equal Employment Opportunity (APR
'1984).
77 52.222-24 " Preaward On-Site Equal Opportunity Compliance
-Review (APR 1984).
77 52.222-25 "Affirmative Action Compliance (APR 1984).
78 52.222-26 -Squal Opportunity (APR 1984).
78 52.222-26 -equal Opportunity (APR 1984). ALTERNATE I
-(APR 1984).
78 52.222-27 - Affirmative Action Compliance Requirements
— for Construction (APR 1984).
78 52.222-28 -Equal Opportunity Preaward Clearance of
'Subcontracts (APR 1984).
78 52.222-35 -Affirmative Action for Special Disabled and
-Vietnam Era Veterans (APR 1984).
79 52.222-35 -Affirmative Action for Special Disabled and
-Vietnam Bra Veterans (APR 1984). ALTERNATE I
-(APR 1984).
79 52.222-36 -Affirmative Action for Handicapped Workers
- (APR 1984).
79 52.222-36 -Affirmative Action for Handicapped Workers
'(APR 1984). ALTERNATE X (APR 1984).
80 52.222-45 -Notice of Compensation for Professional
-Employees (APR 1984).
31 52.222-46 -Evaluation of Compensation for Professional
Employees (APR 1984).
81 EP52.222-100 -Contract Work Hours and Safety Standards
-Act—Overtime Compensation (40 O.S.C.
-327-333) (APR 1984).
81.1 EP52.222-110. -Contract Work Hours and Safety Standards
'Act—Overtime Compensation—Firefighters and
'Fireguards (APR 1984).
81.2 EP52.222-120 -Payrolls and Basic Records (APR 1984).
81.2 EP52.222-130 -Davis Bacon Act (40 O.S.C. 276a-276a-7) (APR
-1984).
81.5 EP52.222-140 'Contract Work Hours and Safety Standards
"Act—Overtime Compensation (Construction) (40
-U.S.C. 327-333) (APR 1984).
viii
TN-3
-------
>qe Section No. Provision/Clause Title
81.6 EP52.222-150. -Apprentices and Trainees (APR 1984).
81.8 EPS2.222-160 "Payrolls and Basic Records (Construction)
'(APR 1984).
81.9 EP52.222-170. -Compliance with Copeland Act Requirement (APR
1984).
81.10 EPS2.222-180 -Withholding (APR 1984).
81.10 EP52.222-190 —Subcontracts (Construction) (APR 1984).
81.11 BP52.222-200 - Contract Termination; Oebarment (APR 1984).
81.11 EP52.222-210 'Disputes Concerning Labor Standards (APR
~1984).
81.11 EP52.222-220- —Compliance with Davis-Bacon and Related Act
"Requirements (APR 1984).
81.12 EP52.222-230- -Certification of Eligibility (APR 1984).
81.12 EP52.222-240 -Service Contract Act of 1965 (APR 1984).
81.21 EP52.222-250. -Service Contract Act of 1965 - Contracts of
-$2,500 or Less (APR 1984).
81.21 SP52.222-260. -Pair Labor Standards Act and Service Contract
'Act—Price Adjustment (Nultiyear and Option
"Contracts (SEP 1984).
31.22 BP52.222-265 'Pair Labor Standards Act and Service Contract
-Act—Price Adjustment (SEP 1984).
81.23 52.223-01 -Clean Air and Hater Certification (APR 1984).
81.24 52.223-02. -Clean Air and Hater (APR 1984).
82 52.223-03 —Hazardous Material Identification and
-Material Safety Data (APR 1984).
82 52.223-04 -Recovered Material Certification (APR 1984).
82 1552.223-70 -Protection of Human Subjects.
82 EP52.223-100 —Care of Laboratory Animals (AUG 1984).
82 52.224-01 -Privacy Act Notification (APR 1984).
83 52.224-02 -Privacy Act (APR 1984).
83 1552.224-70 -Social Security Numbers of Consultants and
'Certain Sole Proprietors and Privacy Act
-Statement.
83 52.225-01 -Buy American Certificate (APR 1984).
84 52.225-03 -Buy American Act—Supplies (APR 1984).
84 52.225-05 "Buy American Act—Construction Materials (APR
1984).
84 52.225-08 -Buy American Act—Trade Agreements Act—
'Balance of Payments Program Certificate (APR
-1984).
84 52.225-09 "Buy American Act—Trade Agreements Act—
-Balance of Payments Program (APR 1984).
84 52.225-10 —Duty-Free Entry (APR 1984).
85 52.227-01 .Authorization and Consent (APR 1984).
85 52.227-01 -Authorization and Consent (APR 1984)
-ALTERNATE I (APR 1984).
85 52.227-02 -Notice and Assistance Regarding Patent and
^Copyright Infringement (APR 1984).
ix
TN-3
-------
age Section No. Provision/Clause Title
85 52.227-03 -Patent Indemnity (APR 1984).
35.1 52.227-03.. -Patent Indemnity (APR 1984) ALTERNATE I (APR
'1984).
85.1 52.227-03- --Patent Indemnity (APR 1984) ALTERNATE II (APR
1984).
35.1 52.227-04 —Patent Indemnity—Construction Contracts (APR
-1984).
35.1 52.227-04 -Patent Indemnity—Construction Contracts (APR
-1984) ALTERNATE I (APR 1984).
85.1 52.227-05 -Waiver of Indemnity (APR 1984).
85.2 52.227-06 -—Royalty Information (APR 1984).
85.2 52.227-07 -Patents—Notice of Government Licensee (APR
-1984).
35.2 52.227-08. —Reporting of Royalties (Foreign) (APR 1984).
85.2 52.227-09 —Refund of Royalties (APR 1984).
85.3 52.227-10. -Piling of Patent Applications—Classified
—Subject Natter (APR 1984).
85.3 52.227-11. -Patent Rights—Retention by the Contractor
-(Short Form) (APR 1984).
85.3 52.227-11. —Patent Rights—Retention by the Contractor
.(Short Form) (APR 1984) ALTERNATE I (APR
-1984).
85.4 52.227-13 -Patent Rights—Acquisition by the Government
'(APR 1984).
35.5 1552.227-70 -Notification of Limited-Rights Data and
-Restricted Computer Software (APR 1984).
85.6 1552.227-71 -Rights in Data—General (APR 1984).
85.13 1552.227-71 -Rights in Data—General (APR 1984) ALTERNATE
-I (APR 1984).
85.20 1552.227-72 —Rights in Data—Special Works (APR 1984).
35.23 1552.227-73 -Rights in Data—Existing Works (APR 1984).
85.23 1552.227-74 -Additional Data Requirements (APR 1984).
86 1552.227-75 -Rights in Data Developed under Small Business
'Innovative Research (SBIR) Contracts (APR
1984).
87 EP52.227-120 -Designation of Patent Counsel (APR 1984).
87 52.228-01 —Bid Guarantee (APR 1984).
87 52.228-02 —Additional Bond Security (APR 1984).
87 52.228-04 —Workers' Compensation and War-Hazard
•—Injurance (APR 1984).
87 52.228-05 'Insurance—Work on a Government Installation
'(APR 1984).
88 52.228-06. "insurance—Immunity from Tort Liability (APR
-1984).
88 52.228-07 ^Insurance—Liability to Third Persons (APR
•1984).
88 52.228-10 Vehicular and General Public Liability
^Insurance (APR 1984).
89 1552.228-70 'Insurance—Liability to Third Persons—
'Commercial Organizations.
91 1552.228-71 Insurance—Liability to Third Persons—State
^or Local Governments.
TN-3
-------
i»age Section No. Provision/Clause Title
93 1552.228-72 "Insurance—Liability to Third Persons—
-Commercial Organizations (Emergency).
95 1552.228-73 -Insurance—Liability to Third Persons—State
—or Local Governments (Emergency).
97 52.229-01 "State and Local Taxes (APR 1984).
97 52.229-02. "North Carolina State and Local Sales and Use
Tax (APR 1984).
98 52.229-03 —Federal, State, and Local Taxes (APR 1984).
98 52.229-04 -federal, State, and Local Taxes
~(Noncompetitive Contract) (APR 1984).
98 52.229-05 -Taxes—Contracts Performed in U.S.
"Possessions or Puerto Rico (APR 1984).
98 52.230-02 'Cost Accounting Standards Notices and
"certification (Nondefense) (APR 1984).
99 52.230-03 -Cost Accounting Standards (APR 1984).
99 52.230-04 '"Administration of Cost Accounting Standards
-(APR 1984). •
99 52.230-05 -Disclosure and Consistency of Cost Accounting
-Practices (APR 1984).
100 BP52.231-110 -Other Direct Costs (APR 1984).
100 52.232-01' -Payments (APR 1984).
100 52.232-02 Payments under Fixed-Price Research and
Development Contracts (APR 1984).
100 52.232-05. Payments under Fixed-Price Construction
Contracts (APR 1984).
101 52.232-07 -Payments under Time and Materials and Labor
•Hour Contracts (APR 1984).
101 52.232-08 -Discounts for Prompt Payment (APR 1984).
101 52.232-09. ^Limitation on Withholding of Payments (APR
-1984).
102 52.232-10. "Payments under Fixed-Price Architect-Engineer
"Contracts (APR 1984).
102 52.232-11: ^Extras (APR 1984).
102 52.232-12 "Advance Payments (APR 1984).
102 52.232-13 -Notice of Progress Payments (APR 1984).
103 52.232-14 -Notice of Availability of Progress Payments
"Exclusively for Small Business Concerns (APR
1984).
103 52.232-15 —Progress Payments Not Included (APR 1984).
103 52.232-16 -Progress Payments (APR 1984).
104 52.232-16 "Progress Payments (APR 1984). ALTERNATE II
UPR 1984).
104 52.232-17 "Interest (APR 1984).
104 52.232-18 -Availability of Funds (APR 1984).
104 52.232-19 -Availability of Funds for the Next Fiscal
-Year (APR 1984).
105 52.232-20 -Limitation of Cost (APR 1984).
105 52.232-22 -Limitation of Funds (APR 1984).
105 52.232-23- -Assignment of Claims (APR 1984).
xi
TN-3
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Section No. Provision/Clause Title
52.232-24 -Prohibition of Assignment of Claims (APR
-1984).
1552.232-70 -Application of Prompt Payment Act—Contracts
_jrfith Advance, Progress, or Provisional
Payments.
107 1552.232-71 ^Application of the Prompt Payment
~Act—Contract with f.o.b. Destination
~Deliverables.
109 1552.232-72 "Application of the Prompt Payment
jAct—Contracts with f.o.b. Origin
Deliverables.
109 1552.232-73 'Payments—Fixed-Rate Services Contract.
113 EP52.232-100 -Limitation of Funds Notice (APR 1984).
113 EP52.232-110 -Limitation of Funds Notice—
-Cost-Plus-Award-Fee Contract (APR 1984).
114 EP52.232-200 -Prompt Payment Act Contract Clauses (APR
-1984).
114 EP52.232-210 ^Interest on Overdue Payments (AUG 1984).
115 EP52.232-220 ^-Method of Payment (AUG 1984).
115.1 52.233-01 -disputes (APR 1984).
115.1 1552.235-70 -Screening Business Information for Claims of
-Confidentiality.
117 1552.235-71 -Treatment of Confidential Business
' Information.
118 1552.235-72 "Data Security—FIFRA and/or TSCA Confidential
—Business Information.
120 52.236-01 "Performance of Work by the Contractor (APR
^1984).
120 52.236-02 -Differing Site Conditions (APR 1984).
120 52.236-03 -Site Investigation and Conditions Affecting
-the Work (APR 1984).
121 52.236-04 -Physical Data (APR 1984).
121 52.236-05 —Material and Workmanship (APR 1984).
121 52.236-06 -Superintendence by the Contractor (APR 1984).
121 52.236-07 —Permits and Responsibilities (APR 1984).
122 52.236-08 'Other Contracts (APR 1984).
122 52.236-09 —Protection of Existing Vegetation,
"Structures, Equipment, Utilities, and
"Improvements (APR 1984).
122 52.236-10 -Operations and Storage Areas (APR 1984).
122 52.236-11 —Use and Possession Prior to Completion (APR
-1984).
123 52.236-12 ^Cleaning Up (APR 1984).
123 52.236-13 -Accident Prevention (APR 1984).
123 52.236-14 _ ^Availability and Use of Utility Services (APR
— 1984).
124 52.236-15 Schedules for Construction Contracts (APR
-1984).
124 52.236-16 Quantity Surveys (APR 1984).
124 52.236-17 -Layout of Work (APR 1984).
xii
TN-3
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125
129
130
131
132
132
133
134
135
135
136
137
137
133
138
Section No.
52.236-18:
52.236-19 '
52.236-20-
52.236-21
52.236-21
125
126
126
126
126
126
128
128
128
128
52.236-22
52.236-23.
52.236-24
52.236-25-
1552.236-70
1552.236-71.
52.237-01-
52.237-02.
52.237-03
52.237-04
1552.237-70
1552.237-71
1552.237-72
1552.237-73
1552.237-74
1552.237-75*-
EP52.239-000,
EP52.239-100
EP52.239-105
EPS2.239-110
EP52.239-115
EP52.239-116
EP52.239-120
EP52.239-125
EP52.239-130
Provision/Clause Title
— Work Oversight in Cost-Reimbursement
— Construction Contracts (APR 1984).
'Organization and Direction of the Work (APR
-1984).
"Special Requirements (APR 1984).
-Specifications and Drawings for Construction
-(APR 1984).
-Specifications and Drawings for Construction
—(APR 1984). ALTERNATE II (APR 1984).
— Design Within Funding Limitations (APR 1984).
- Responsibility of the Architect-Engineer
-Contractor (APR 1984).
"Work Oversight in Architect-Engineer
—Contracts (APR 1984).
-Requirements for Registration of Designers
'(APR 1984).
-Samples and Certificates.
— Additive or Deductive Items.
_Site Visit (APR 1984).
-Protection of Government Buildings,
-Equipment, and Vegetation (APR 1984).
--Continuity of Services (APR 1984).
—Payment by Government to Contractor (APR
-1984).
—Contract Publication Review Procedures.
—Technical Direction*
-Key Personnel.
—Consultant Services and Consent.
— Publicity.
-—Paperwork Reduction Act.
-Special Provisions and Clauses for Automatic
Data Processing (ADP) Requirements.
(Includes ADP Commercial Items and Systems,
ADP Hardware and Software Maintenance,
Proprietary Software, Computer Programming,
Systems Analysis, Software Development, and
Related Services)
\Wd»«hty Exclusion and Limitation of Damages.
>fIRMR 201-4.1110-1)
vX£ntractor Representation. (FIRMR
v*0^-4.1110-2)
•Contractor Commitments and Warranties (ADP
^Requirements)
vJCisk of Loss or Damage—ADP System or
Equipment Lease.
vKisk of Loss or Damage—ADP System or
.Equipment Purchase.
l^4me Metering or Recording Device.
-------
Section No. Provision/Clause Title
BP52.239-135. '.Term of Contract (AOP Systems).
EP52.239-140 '-Option for Acquisition of Evaluated Optional
>?eatures Not Procured at the Time of Award of
>eonfract (AOP Requirements).
139 EP52.239-145 . ^replacement Part Availability (ADPE).
140 EP52.239-150 "Standard of Performance and Acceptance of ADP
^Equipment.
143 EP52.239-155 .Guaranteed Rerun of the Benchmark Test.
143 EP52.239-160 • liquidated Damages (AOP Hardware/Software).
146 EP52.239-165 -.Additional Terms and Conditions Applicable to
Jtental of ADPE.
147 EP52.239-166 .Discontinuance of AOPE Rental—Alternate
.Contract Clauses.
147 EP52.239-167 vffiscontinuance of AOPE Rental During A
•Contract Term.
147 EP52.239-168 ^Discontinuance of Rental and Repricing (AOP
.Requirements).
148 EP52.239-169 Discontinuance of AOPE Rental without
-Repricing.
149 EP52.239-170 ..Additional Terms and Conditions Applicable to
purchase of AOPE.
150 EP52.239-175 Engineering Changes (AOP Requirements).
152 EPS2.239-180 \7fansportation of Equipment.
152 EP52.239-185 -Maintenance Requirements (ADP
/System/Equipment).
157 EP52.239-190 '/Maintenance of Government-Owned AOP System or
-Equipment.
166 EP52.239-195 tOption To Extend Maintenance Coverage Outside
•Xhe Principal Period.
166 EP52.239-200. \ADPE Maintenance Discontinuance Notice.
167 EP52.239-205 vNo ADPE Maintenance Discontinuance During A
Contract Term.
167 EP52.239-210 Peking and Unpackaging.
167 EP52.239-215 Installation of Equipment.
168 EP52.239-220 vStte Preparation.
168 EP52.239-225 Delivery Requirements and Options.
168 EP52.239-230 \*DP System, Equipment* and/or Software
Draining.
170 EP52.239-235 vKanuals and Publications.
171 EP52.239-240 vSo'ftware Support.
172 EP52.239-245 glossary of AOP Terms.
174 SP52.239-250 discontinuance Repricing Provision (AOP
••Requirements).
176 EP52.239-255 .Additional Proposal Preparation
.Instructions—ADP Requirements.
182 EP52.239-260 .Additional Instruction for the Preparation of
ft ice Proposals—ADP Requirements.
184 EP52.239-265 "Engineering Change Certification.
184 EP52.239-270'. Jfaintenance Certification.
185 EP52.239-275- >arand Name Salient Characteristics.
185 EP52.239-280f .vCQBOL Compiler Certification.
xiv
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Section No. Provision/Clause Title
EP52.239-285 /Option to Extend the Term of the Contract—
•/TOPE Lease Rental, Maintenance/ and Similar
,^rvices. (FIRMR 201-4.1110-3)
186 EP52.239-290 Availability of Equipment and Software.
186 EP52.239-295 ^Benchmark Test.
187 EP52.239-300 V0perational Capability Demonstration.
187 EP52.239-305 .^valuation of 'Equal* Products.
187 EP52.239-310 vplxed Price Options--ADP Systems or Equipment.
190 EP52.239-315 vflxed-Price Options—ADP Services.
193 EP52.239-320 vZquipment Replacement.
194 EP52.239-325 ^Major Pield Modifications.
195 EP52.239-330 -Alterations and Attachments.
195 EP52.239-335 Relocation of Equipment.
196 SP52.239-340 vRiaponse Time.
197 EP52.239-345 Maintenance Downtime Credits.
198 EP52.239-350 \Machine Replacement.
199 EP52.239-355 liquidated Damages or Temporary Replacement.
199 EP52.239-360 ^Maintenance Invoice and Payment Procedures.
200 EP52.239-365 vRental Invoice and Payment Procedures.
201 EP52.239-370 ^Purchase Invoice and Payment Procedures.
201 EP52.239-500 ^Federal Information Processing Standards
vCFIPS) and Federal Telecommunications
Standards (PED-STD) Incorporated By Reference.
226 52.242-01 -Notice of Intent to Disallow Costs (APR 1984).
226 52.242-02- -Production Progress Reports (APR 1984).
226 52.242-10. "P.o.b. Origin—Government Bills of Lading or
-Prepaid Postage (APR 1984).
226 52.242-11. -P.o.b. Origin—Government Bills of Lading or
-Indicia Mail (APR 1984).
226 1552.242-70 -Indirect Costs.
228 EP52.242-100 "Contract Administration Representatives (AUG
-1984).
228 52.243-01 -Changes—Fixed-Price (APR 1984).
228.1 52.243-02 Changes—Cost-Reimbursement (APR 1984).
229 52.243-03 -Changes—Time and Materials or Labor Hours
-(APR 1984).
229 52.243-04 -Changes (APR 1984).
229 52.243-05 —Changes and Changed Conditions (APR 1984).
229 52.243-06; -Change Order Accounting (APR 1984).
229 52.243-07 "Notification of Changes (APR 1984).
230 52.244-01 -Subcontracts Under Pixed-Price Contracts (APR
-1984).
230 52.244-01 -Subcontracts Under Pixed-Price Contracts (APR
— 1984). ALTERNATE I (APR 1984).
230 52.244-02. -Subcontracts Under Cost-Reimbursement and
"Letter Contracts (APR 1984).
231 52.244-03 "Subcontracts Under Time and Materials and
'Labor Hour Contracts (APR 1984).
231 52.244-04 "Subcontractors and Outside Associates and
-Consultants (APR 1984).
231 52.244-05 _ Competition in Subcontracting (APR 1984).
xv
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Page Section No. Provision/Clause Title
231 SP52. 244-100 '-Subcontract Consent (APR 1984).
232 52.245-01 "Property Records (APR 1984).
232 52.245-02 government Property (Fixed-Price Contracts)
(APR 1984).
232 52.245-03 identification of Government-Furnished
property (APR 1984).
233 52.245-04 .--Government-Furnished Property (Short Form)
J.APR 1984).
233 52.245-05 government Property (Cost-Reimbursement, Time
^£nd Materials, or Labor Hour Contracts) (APR
1984).
233 52.245-09 -Use and Charges (APR 1984).
233 52.245-17 ..Special Tooling (APR 1984).
234 52.245-18 Special Test Equipment (APR 1984).
234 52.245-19 Government Property Furnished 'As Is' (APR
1-W84).
234 1552.245-70 '.Decontamination of Government Property.
234 1552.245-71 ^Government-Furnished Data.
235 1552.245-72 fabrication or Acquisition of Nonexpendable
^Property.
235 EP52. 245-100 -Contractor-Acquired Government Property (APR
236 EP52. 245-110 ix^overnment Property — Residual Inventory (APR
vI984 ) .
236 EP52. 245-120 government-Furnished Property (A(IG 1984).
236 EP52. 245-130 uGtfvernment Property— Facilities Use (APR
1 1984).
237 EP52. 245-140 ^Designation of Property Administrator (APR
>T984).
237 52.246-01 .J^ntractor Inspection Requirements (APR 1984).
237 52.246-02 ^inspection of Supplies— Fixed-Price (APR
^84).
238 52.246-03 Inspection of Supplies — Cost-Reimbursement
ufAPR 1984).
238 52.246-04. ^Inspection of Services— Fixed-Price (APR
•-1984).
238 52.246-05 . [^inspection of Services— Cost-Reimbursement
xf*PR 1964).
238 52.246-06 . j, Inspection — Time and Materials and Labor Hour
"{APR 1984).
239 52.246-07 (inspection of Research and
Development— Fixed-Price (APR 1984).
239 52.246-08. inspection of Research and
•-Development— Cost-Reimbursement (APR 1984).
239 52.246-09. . ^inspection of Research and Development (Short
•-Farm) (APR 1984).
239 52.246-12'. .inspection of Construction (APR 1984).
240 52.246-15. [-Certificate of Conformance (APR 1984).
240 52.246-16 uJWiponsibility for Supplies (APR 1984).
xvi
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Section No. Provision/Clause Title
52.246-17 . "Warranty of Supplies of a Noneomplex Nature
vllPR 1984).
52.246-18 Warranty of Supplies of a Complex Nature (APR
^1984).
241 52.246-19 \warranty of Systems and Equipment Under
Performance Specifications or Design Criteria
(APR 1984).
242 52.246-20 ^Warranty of Services (APR 1984).
242 52.246-21 JMrranty of Construction (APR 1984).
243 52.246-23 .Limitation of Liability (APR 1984).
243 52.246-24 limitation of Liability— 'High-Value Items
4APR 1984).
243 52.246-25 limitation of Liability— Services (APR 1984).
243 1552.246-70 \jQtfality Assurance (QA) Program Plan.
244 1552.246-71 .Quality Assurance (QA) Project Plan.
245 1552.246-72 ^ Quality Assurance (QA) Project Plan
-Documentation.
246 EP52. 246-100 /Inspection and Acceptance (APR 1984).
246 52.247-01 ^t'ommercial Bill of Lading Notations (APR
247 52.247-29 u^.o.b. Origin (APR 1984).
247 52.247-30 ,-p-fo.b. Origin, Contractor's Facility (APR
-W84).
247 52.247-31 _5^o.b. Origin, Freight Allowed (APR 1984).
247 52.247-32 Jf.o.ti. Origin, Freight Prepaid (APR 1984).
247 52.247-33 ^f.o.b. Origin, with Differentials (APR 1984).
247 52.247-34 xfio.b. Destination (APR 1984).
248 52.247-35. t-?~.o.b. Destination, within Consignee's
Premises (APR 1984).
248 52.247-45- i/F.o.b. Origin and/or F.o.b. Destination
Valuation (APR 1984).
248 52.247-46 (--Shipping Point (s) Used in Evaluation of
x^.o.b. Origin Offers (APR 1984).
248 52.247-47* ^valuation— F.o.b. Origin (APR 1984).
248 52.247-48.- xf.o.b. Destination— Evidence of Shipment (APR
249 5 2. 247-49 f- '/Destination Unknown (APR 1984).
249 52.247-50- ^o Evaluation of Transportation Costs (APR
v-1984).
249 52.247-53 ^Weight Classification Description (APR 1984).
249 52.247-54. Aversion of Shipment Under F.o.b.
^destination Contracts (APR 1984).
249 52.247-55 v?7o.b. Point for Delivery of
ifievernment-Furnished Property (APR 1984).
250 52.247-58. fading. Blocking, and Bracing of Freight Car
LSKipments (APR 1984).
250 52.247-63: Preference for U.S. -Flag Air Carriers (APR
•4:9,84).
250 52.247-64 ^Preference for Privately Owned U.S. -Flag
^Commercial Vessels (APR 1984).
xvii
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Section No.
Provision/Clause Title
252
253
253
253
254
254
254
255
255
255
255
255
256
256
256
257
257
258
EPS2.247-100
EP52.247-110
52.249-01
52.249-02
52.249-04
52.249-05
52.249-06-
52.249-07
52.249-08 .
52.249-09.
52.249-10:
52.249-14
52.251-01
52.251-02
52.252-01
52.252-02
52.252-03'
52.252-04 .
52.252-05
52.252-06'.
BP52.252-100
EP52.252-110
EP52.253-100
EP52.253-110
^Shipment and Harking (APR 1984).
-F.o.b. Point (APR 1984).
• Termination for Convenience of the Government
-------
NEW AND REVISED SPAAR PROVISIONS AND CLAUSES
The following provisions and clauses are in the process of being
incorporated into the EPAAR (48 CPR Chapter 15). Some are new and some
are revisions to existing EPAAR provisions and clauses and are
published in this Acquisition Handbook for information and interim
use. When a provision or clause is incorporated into the EPAAR, the
•EP52* prefix will become "1552" and the leading *9* will be dropped
from the suffix. For further information, contact David Rodgers,
Procurement and Contracts Management Division (PM-214), Environmental
Protection Agency, 401 M Street S.W., Washington, D.C. 20460,
telephone (202) 382-4371 or PTS 382-4571.
?age Section No. Provision/Clause Title
259 EP52.210-970 -Reports of Work ALTERNATE I (AUG 1984).
259 EP52.210-976 /inal Reports (ACG 1984).
260 EP52.210-976 £raft Final Reports ALTERNATE I (AUG 1984).
260 EP52.212-970 : Level of Effort—Cost-Reimbursement Term
Contract (AUG 1984).
261 EP52.212-971 Work Assignments (AUG 1984).
262 EP52.215-977 .Evaluation Factors for Award—Technical
Quality More Important Than Cost or Price
(AUG 1984).
262 EP52.215-978 ^valuation Factors for Award—Cost or Price
(tare Important Than Technical Quality
•provided An Offerer's Technical Proposal
"Meets the Minimum Needs of the Government
tAUG 1984).
263 EP52.215-979- evaluation Pactors for Award—Fixed-Price
Contracts for Commercial Supplies or Services
..(AUG 1984).
264 EP52.215-980 Instructions for the Preparation of Technical
.and Cost or Pricing Proposals (AUG 1984).
267 EP52.215-981 instructions for the Preparation of Technical
•.and Pricing Proposals—Fixed-Price
.Solicitation (AUG 1984).
268 EP52.217-971 Option To Extend the Term of the
Contract—Cost-Type Contract (AUG 1984).
270 EPS2.217-972 \0ption To Extend the Term of the Contract—
vCost-Plus-Award-Pee Contract (AUG 1984).
271 EP52.217-973 Option for Increased Quantity—-Cost-Type
•Cevel of Effort Contract (AUG 1984).
272 EPS2.217-974 itfption for Increased Quantity—Cost-Plus-
/iward-Pee Level of Effort Contract (AUG 1984),
272 EPS2.217-977 Option for Increased Work or Term—Cost-Type
Completion Contract (AUG 1984).
274 EPS2.217-978 . Option for Increased Quantity—Cost-Type
Completion Contract (AUG 1984).
xix
TN-3
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Page Section No. Provision/Clause Title
275 EP52.217-979 dotion To Renew the Contract—Services
Contract (AUG 1984).
275 EP52.217-980 -evaluation of Options—Cost-Type, Time and
-Materials, or Labor-Hour Solicitation (AUG
275 EP52.242-970 -.Indirect Costs (AUG 1984).
276 EP52.242-970 /indirect Costs ALTERNATE I (AUG 1984).
XX
TN-3
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U.S. ENVIRONMENTAL PROTECTION AGENCY
52.202-01 Definitions (APR 1984).
As prescribed in FAR Subpart 2.2, insert the clause in solicitations
and contracts except when (a) a fixed-price research and development
contract that is expected to be $2,500 or less is contemplated, or (b)
a purchase order is contemplated. Additional definitions may be
included, provided, they are consistent with this clause and the
Federal Acquisition Regulation.
ALTERNATE I is to be used if the contract is for personal services;
construction; architect-engineer services; or dismantling, demolition,
or removal of improvements.
This provision or clause and its Alternate(s) may be incorporated
into procurement documents by reference—see the FAR for the text.
52.203-01 Officials Not to Benefit (APR 1984).
As prescribed in FAR 3.102-2, insert the clause in solicitations and
contracts, except those related to agriculture that are exempted by 41
U.S.C. 22.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.203-02 Certificate of Independent Price Determination (APR 1984).
As prescribed in FAR 3.103-1, insert the provision in solicitations
when a firm-fixed-price contract or fixed-price contract with economic
price adjustment is contemplated, unless—
(a) The acquisition is to be made, under the small purchase procedures
in FAR Part 13;
(b) The work is to be performed by foreign suppliers outside the
United States, its possessions, and Puerto Rico;
(c) The solicitation is a request for technical proposals under
two-step formal advertising procedures; or
(d) The solicitation is for utility services for which rates are set
by law or regulation.
If the solicitation is a Request for Quotations, the terms
"Quotation" and "Quoter" may be substituted for "Offerer" and "Offer."
This provision or clause must be incorporated into procurement
documents in "Full Text.!*—see the FAR for the text.
ACQUISITION HANDBOOK, Volume II, Page 1
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U.S. ENVIRONMENTAL PROTECTION AGENCY
52.203-03 Gratuities (APR 1984).
As prescribed in FAR 3.202, insert the clause in solicitations and
contracts, except those for personal services and those between
military departments or defense agencies and foreign governments that
do not obligate any funds appropriated to the Department of Defense.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.203-04 Contingent Fee Representation and Agreement (APR 1984).
As prescribed in FAR 3.404(b), insert the provision in solicitations,
except those excluded by FAR subparagraphs 3.404(b)(l) through (b)(6).
If the solicitation is a Request for Quotations, the terms "Quotation"
and "Quoter" may be substituted for "Offerer" and "Offer."
This provision or clause must be incorporated into procurement
documents in "Full Text"—see the FAR for the text.
52.203-05 Covenant Against Contingent Fees (APR 1984).
As prescribed in FAR 3.404(c), insert the clause in all solicitations
and contracts.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
1552.203-70 Current/Former Agency Employee Involvement Certification.
As prescribed in 1503.603, insert the following solicitation provi-
sion in all EPA solicitation documents for noncompetitive procurements.
K.## CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT CERTIFICATION (EPAAR
1552.203-70) (APR 1984)
The offerer (quoter) hereby certifies that:
(a) Ha 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 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).
ACQUISITION HANDBOOK, Volume II, Page 2
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(c) He 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."
(End of provision)
52.204-01 Approval of Contract (APR 1984).
As prescribed in FAR 4.103, insert the clause in solicitations and
contracts when agency procedures require written approval of the
contract at a level above that of the Contracting Officer.
This provision or clause may be incorporated into procurement
documents by reference— see the FAR for the text.
52.204-02 Security Requirements (APR 1984).
As prescribed in FAR 4.404(a), insert the clause in solicitations and
contracts when the contract may require access to classified
information, unless the conditions specified in FAR 4.404(d) apply.
ALTERNATE I is to be used if a cost contract for research and
development with an education instutution is contemplated.
ALTERNATE IX is to be used if employee identification is required for
security or other reasons in a construction contract or
architect -engineer contract .
This provision or clause and its Alternate(s) may be incorporated
into procurement documents by reference— see the FAR for the text.
EP52. 204-100 Memorandum of Understanding (NAS) (APR 1984).
Insert the following clause in all
contracts.
G.## MEMORANDUM OF UNDERSTANDING (NAS) (EP52. 204-100) (APR 1984)
This contract is subject to the Memorandum of Understanding dated
September 10, 1977 between the National Academy of Sciences and the EPA.
(End of clause) (Derived from Acq Hdbk, G16)
ACQUISITION HANDBOOK, Volume II, Page 3
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U.S. ENVIRONMENTAL PROTECTION AGENCY
52.207-01 Notice of Cost Comparison (Advertised) (APR 1984).
As prescribed in FAR 7.305(a), when contracting by formal
advertising, insert the provision in solicitations issued for the
purpose of comparing the costs of Contractor and Government performance.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.207-02 Notice of Cost Comparison (Negotiated) (APR 1984).
As prescribed in FAR 7.305(b), when contracting by negotiation,
insert the provision in requests for proposals issued for the purpose
of comparing the costs of Contractor and Government performance.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.207-03 Right of First Refusal of Employment (APR 1984).
As prescribed in FAR 7.305(c), insert the clause in solicitations
issued for the purpose of making a cost comparison covering work
currently being performed by the Government and in contracts that
result from the solicitation.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.208-01 Required Sources for Jewel Bearings and Related Items (APR
1984).
As prescribed in FAR 8.203-1(a), insert the clause in solicitations
and contracts that may involve items (or any subassembly, component, or
part of such items) in the Federal supply classes and groups listed in
FAR 8.203-Kb), except as provided in FAR 8.203-1 (a) (1) through (3).
This provision or clause must be incorporated into procurement
documents ia "Full Text." See the FAR for the text.
52.208-02 Jewel Bearings and Related Items Certificate (APR 1984).
As prescribed in FAR 8.203-1 (c), insert the provision in
solicitations that contain the clause at FAR 52.208-1, Required Sources
for Jewel Bearings and Related Items, except those for research and
development.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
ACQUISITION HANDBOOK, Volume II, Page 4
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U.S. ENVIRONMENTAL PROTECTION AGENCY
which must be filled in when it is used in a procurement document. See
the FAR for the text.
1552.208-70 Printing.
As prescribed in 1508.870, insert the following contract clause in
all type contracts which require printing, duplication, binding, repro-
duction, 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.
H.## PRINTING (EPAAR 1552.208-70) (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 perform-
ance 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)
52.209-01 Qualified Products—End Items (APR 1984).
As prescribed in PAR 9.206-2(a), insert the provision in
solicitations when acquiring qualified products as end items.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.209-02 Qualified Products—Components of End Items (APR 1984).
As prescribed in FAR 9.206-2(b), insert the clause in solicitations
and contracts, when acquiring qualified products as components of end
items.
This provision or clause must be incorporated into procurement
documents in "Full Text"—see the FAR for the text.
52.209-03 First Article Approval—Contractor Testing (APR 1984).
As prescribed in FAR 9.308-l(a), insert the clause in solicitations
and contracts when a fixed-price contract is contemplated and it is
intended that the contract require (a) first article approval and (b)
that the Contractor be required to conduct the first article test. As
prescribed in FAR 9.308-Kb), insert a clause substantially the same as
the clause in solicitations and contracts when a cost-reimbursement
ACQUISITION HANDBOOK, Volume II, Page 5
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U.S. ENVIRONMENTAL PROTECTION AGENCY
contract is contemplated and it is intended that the contract require
(a) first article approval and (b) that the Contractor be required to
conduct the first article test.
ALTERNATE I is to be used if it is intended that the Contractor be
required to produce the first article and the production quantity at
the same facility.
ALTERNATE II is to be used if it is necessary to authorize the
Contractor purchase material or to commence production before first
article approval.
This provision or clause and its Alternate(s) must be incorporated
into procurement documents in "Full Text." The provision or clause
also contains blanks which must be filled in when it is used in a
procurement document. See the FAR for the text.
52.209-04 First Article Approval—Government Testing (APR 1984).
As prescribed in FAR 9.308-2(a), insert the clause in solicitations
and contracts when a fixed-price contract is contemplated and it is
intended that the contract require first article approval and that the
Government will be responsible for conducting the first article test.
As prescribed in FAR 9.308-2(b), insert a clause substantially the same
as the clause in solicitations and contracts when a cost-reimbursement
contract is contemplated and it is intended that the contract require
first article approval and that the Government be responsible for
conducting the first article test.
ALTERNATE I is to be used if it is intended that the Contractor be
required to produce the first article and the production quantity at
the same facility.
ALTERNATE II is to be used if it is necessary to authorize the
Contractor to purchase material or to commence production before first
article approval.
This provision or clause and its Alternate(s) must be incorporated
into procurement documents in "Full Text." The provision or clause
also contains blanks which must be filled in when it is used in a
procurement document. See the FAR for the text.
1552.209-70 Organizational Conflict of Interest Notification.
As prescribed in 1509.508(b), insert the following solicitation
provision in all solicitations except:
(a) When specific notices or clauses are required per EPAAR Part 1509;
(b) 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
ACQUISITION HANDBOOK, Volume II, Page 6
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(c) When the procurement is accomplished through small purchase
procedures (use is optional for small purchases).
L.## ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION (EPAAR
1552.209-70) (APR 1984)
(a) The prospective Contractor certifies, to the best of its knowl-
edge 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 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 1509.508(c), 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 small purchase
procedure* (use is optional for small purchases).
H.*t ORGANIZATIONAL CONFLICTS OF INTEREST (EPAAR 1552.209-71) (APR
1984)
(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) The Contractor agrees that if an actual or potential organiza-
tional conflict of interest is discovered after award, the Contractor
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will 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.
(c) Remedies - The EPA may terminate this contract for convenience,
in whole or in part, if it deems such termination necessary to avoid an
organizational conflict of interest. If the Contractor was aware of a
potential organizational conflict of interest prior to award or dis-
covered an actual or potential conflict after award and did not
disclose or misrepresented relevant information to the Contracting
Officer, the Government may terminate the contract for default, debar
the Contractor from Government contracting, or pursue such other
remedies as may be permitted by law or this contract.
(d) The Contractor further agrees to insert in any subcontract or
consultant agreement hereunder, provisions which shall conform substan-
tially to the language of this clause, including this paragraph (d).
(End of clause)
^552.209-72 Organizational Conflict of Interest Certification.
As prescribed in 1509.508(b), insert the following provision in all
solicitation documents when applicable.
K.## ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION (EPAAR
1552.209-72) (APR 1984)
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 offeror shall provide a disclosure statement describing
this information. (See Section L of the solicitation for further
information.)
(End of provision)
52.210-01 Availability of Specifications Listed in the Index of
Federal Specifications and Standards (APR 1984).
Aa prescribed in FAR 10.Oil(a), insert the provision in solicitations
that (a) are issued by civilian agency contracting offices and (b) cite
specifications listed in the Index that are not furnished with
solicitation.
This provision or clause must be incorporated into procurement
documents in "Full Text"—see the FAR for the text.
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52.210-03 Availability of Specifications Not Listed in the GSA Index
of Federal Specifications and Standards (APR 1984).
As prescribed in FAR lO.Oll(c)/ insert a provision substantially the
same as in the FAR in solicitations that cite specifications that are
not listed in the Index and are not furnished with the solicitation,
but may be obtained from a designated source.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.210-04 Availability for Examination of Specifications Not Listed in
the Index of Federal Specifications and Standards (APR 1984).
As prescribed in FAR lO.Oll(d), insert a provision substantially the
same as in the FAR in solicitations that cite specifications that are
not listed in the Index and are available for examination at a
specified location.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.210-05 New Material (APR 1984).
As prescribed in FAR lO.Oll(e), insert the clause in solicitations
and contracts for supplies/ unless, in the judgment of the Contracting
Officer, the clause would serve no useful purpose. The Contracting
Officer may insert the clause in solicitations and contracts for
services that may involve incidental furnishing of parts.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.210-06 Listing of Used or Reconditioned Material, Residual
Inventory and Former Government Surplus Property (APR 1984).
Aa prescribed in FAR lO.Oll(f), insert the provision in solicitations
for supplies, unless, in the judgment of the Contracting Officer, the
provision would serve no useful purpose. The Contracting Officer may
insert the provision in solicitations for services that may involve the
incidental furnishing of parts.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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52.210-07 Used or Reconditioned Material, Residual Inventory, and
Former Government Surplus Property (APR 1984).
As prescribed in FAR lO.Oll(g), insert the clause in solicitations
and contracts for supplies, unless, in the judgment of the Contracting
Officer, the clause would serve no useful purpose. The Contracting
Officer may Insert the clause in solicitations and contracts for
services that may involve the incidental furnishing of parts.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
1552.210-70 Reports of Work.
As prescribed in 1510.011-70, insert one of the contract clauses in
this subsection when the contract requires the delivery of reports.
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.
F.## REPORTS OF WORK (EPAAR 1552.210-70) (APR 1984)
The Contractor shall prepare and deliver reports in accordance with
Attachment
The OMB clearance number for progress reports delivered under this
contract is 2030-0005 with an expiration date of May 31, 1986.
(End of clause)
REPORTS OF WORK (EPAAR 1552.210-70) (APR 1984) ALTERNATE I (APR 1984)
The Contractor shall prepare and deliver the below listed reports to
the designated addressees. Each report shall cite the contract number
and identify the Environmental Protection Agency as the sponsoring
agency.
The OMB clearance number for progress reports delivered under this
contract is 2030-0005 with an expiration date of May 31, 1986.
Required reports are:
ReDortsjDescrigtion ?.o.__Cojgies
(End of clause)
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(1) Cumulative costs and direct labor hours expended from the
effective date of the contract through the last day of the current
reporting month. Include a cumulative incurred cost per direct labor
hour average computation and compare the result to the cumulative
average cost per direct labor hour derived from the estimated cost of
the contract.
(2) Actual costs and direct labor hours expended during the current
reporting month.
(3) Estimated costs and direct labor hours to be expended during the
next reporting period.
(4) Actual costs and direct labor hours incurred for each work
assignment issued and estimates of costs and man hours required to
complete each work assignment.
(b) FOr completion form contracts, 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 contract.
(c) 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.
(d) The reports shall be submitted to the following addressees on or
before the of each month following the first complete calendar
month of the contract. Distribute reports as followss
U°,i. 2* Bogies Addressee
Project Officer
Contracting Officer
(End of clause)
1552.210-73 Monthly Progress Report—Time and Materials or Labor Hour,
or Indefinite Delivery/Indefinite Quantity Fixed Rate
Services Contract.
As prescribed in 1510.011-73, insert the following clause in all time
and materials, labor hour, and indefinite delivery/indefinite quantity
type contracts with fixed rates for services that have a period of per-
formance of six months or longer. The clause may also be used in these
contract types when the performance period is less than six months.
r.»* MONTHLY PROGRESS REPORT—TIME AMD MATERIALS OR LABOR HOUR, OR
INDEFINITE DELIVERY/INDEFINITE QUANTITY FIXED RATE SERVICES
CONTRACT (EPAAR 1552.210-73) (APR 1984)
The Contractor shall furnish copies of a combined monthly
technical and financial progress report briefly stating the progress
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made, including the percentage of the project completed during the
reporting period. If the contract is an indefinite delivery/indefinite
quantity type, include the percentage of the work ordered and completed
during the reporting period. Specific discussions shall include
difficulties encountered and remedial action taken during the reporting
period and anticipated activity during the subsequent reporting
period. In addition, the report shall specify contract financial
status byi
(a) Cumulative costs and labor hours expended from the effective date
of the contract through the last day of the current reporting month.
(b) Actual costs and labor hours expended during the current
reporting month.
(c) Estimated costs and labor hours to be expended during the next
reporting period.
(d) For indefinite quantity contracts, actual costs and direct labor
hours incurred for each delivery order issued and estimates of costs
and man hours required to complete each delivery order.
(e) The reports shall be submitted to the following addressees on or
before the of each month following the first complete calendar
month of the contract. Distribute reports as follows:
i Addressee
Project Officer
. Contracting Officer
(End of clause)
1552.210-74 Working Files.
As prescribed in 1510.011-74, insert the following clause in all
applicable EPA contracts.
F.M WORKING FILES (EPAAR 1552.210-74) (APR 1984)
The Contractor shall maintain accurate working files (by task or work
assignment) on all work documentation including calculations, assump-
tions, 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)
1552.210-75 Legal Analysis.
As prescribed in 1510.011-75, insert this contract clause when it is
determined that the contract involves legal analysis.
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F.## LEGAL ANALYSIS (EPAAR 1552.210-75) (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)
1552.210-76 Final Reports.
As prescribed in 1510.011-76, insert this contract clause when a
contract requires a draft and a final report.
F.## FINAL REPORTS (EPAAR 1552.210-76) (APR 1984)
(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 perti-
nent 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 followst
No^jofjCogies Addressee
1 EPA Library
1 Contracting Officer
1 Project Officer
(End of clause)
1552.210-77 Management Consulting Services.
As prescribed in 1510.011-77, insert the following contract clause in
all contracts for management consulting services.
F.tt MANAGEMENT CONSULTING SERVICES (EPAAR 1552.210-77) (APR 1984)
All reports containing recommendations to the Environmental Protec-
tion Agency shall include the following information on the cover of
each reports (a) name and business address of the contractor; (b)
contract number; (c) contract dollar amount; (d) whether the contract
was competitively or noncompetitively awarded; (e) name of the EPA
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Project Officer and the EPA Project Officer's office identification and
location; and (£) date of report.
(End of clause)
EP52. 210-100 Statement of Work/Specifications.
Insert the following clause in all contracts.
C.I* STATEMENT OP WORK/SPECIFICATIONS ( BPS2. 210-100) (AOG 1984)
The Contractor shall furnish the necessary personnel, material,
services and facilities (except as otherwise specified), to perform the
Statement of Work/Specifications included in Attachment A to this
contract.
(End of clause)
EP52. 210-110 statement of Work—Contract Where Work Is Ordered by Work
Assignments or Delivery Orders*
Insert the following clause in contracts where work is ordered by
work assignments or delivery orders.
C.It STATEMENT OP WORK— CONTRACT WHERE WORK IS ORDERED BY WORK
ASSIGNMENTS OR DELIVERY ORDERS (BP32. 210-110) -(APR 1984)
The Contractor shall perform work under this contract only as
directed in (work assignments or delivery orders) issued by the
(Contracting Officer or Project Officer).
(End of clause) (Derived from Acq Bdbk, CD
BPS2. 210-120 Incorporation of Contractor's Technical Proposal.
Insert the following clause when it is necessary to incorporate the
Contractor's technical proposal in negotiated contracts. The specific
parts of the proposal must be identified in the clause. . '
,:•/»•' J.
C.|* INCORPORATION OP CONTRACTOR'S TECHNICAL PROPOSAL (EP52. 210-1 20) ' ^ ''' ' ,
(APR 1984) ''""•/
r "
The Contractor's technical proposal entitled, " ....................... i» ' ' 4
• dated ............... , is incorporated by }I
reference and made a part of this contract. In the event of any '
inconsistency between the provisions of this contract and the ,.•-> >
Contractor's technical proposal, the contract provisions take ,?''•"
precedence. f/ y
(End of clause) (Derived from Acq Hdbk, CD ' '
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EP52.210-130 Incorporation of Contractor's Quality Assurance (QA> |
Project Plan.
Insert the following clause in contracts to incorporate the
Contractor's QA plan in the contract by reference.
C.ft INCORPORATION OP CONTRACTOR'S QUALITY ASSURANCE (QA) PROJECT PLAN
(EP52.210-130) (APR 1984)
The Contractor shall adhere to the procedures set forth in its QA
Project Plan dated , which is incorporated by reference.
(End of clause) (Derived from Acq Hdbk, CD
52.212-01 Time of Delivery (APR 1984).
As prescribed in PAR 12.104(a)(2), the Contracting Officer may insert
a clause substantially as in the PAR in solicitations and contracts for
supplies or services if the Government requires delivery by a
particular time and the delivery schedule is to be based on the date of
the contract.
ALTERNATE I is to be used if the delivery schedule is expressed in
terms of specific calendar dates or specific periods and is based on an
assumed date of award. The time may be expressed by substituting *on
or before'; 'during the months ....'; or 'not sooner than .... or later
than ....' as headings for the third column of paragraph (a) of the
basic clause.
ALTERNATE II is to be used if the delivery schedule is expressed in
terms of specific calendar dates or specific periods and is based on an
assumed date the Contractor will receive notice of award. The time may
be expressed by substituting 'within days after the date of receipt of
a written notice of award' as the heading for the third column of
paragraph (a) of the basic clause.
ALTERNATE III is to be used if the delivery schedule is to be based
on the actual date the Contractor receives a written notice of award,
the Contracting Officer may delete paragraph (b) of the basic clajse.
The time may be expressed by substituting 'within days after the date
of receipt of a written notice of award* as the heading for the third
column of paragraph (a) of the basic clause.
This provision or clause and its Alternate(s) must be incorporated
into procurement documents in 'Pull Text." The provision or clause
also contains blanks which must be filled in when it is used in a
procurement document. See the PAR for the text.
52.212-02 Desired and Required Time of Delivery (APR 1984).
As prescribed in PAR 12.104(a)(3), the Contracting Officer may insert
a clause substantially as in the PAR in solicitations and contracts for
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supplies or services if the Government desires delivery by a certain
tine, but requires delivery by a specified later time, and the delivery
schedule is to be based on the date of the contract.
ALTERNATE I is to be used if the delivery schedule is expressed in
terms of specific calendar dates or specific periods and is based on an
assumed date of award. The time may be expressed by substituting "on
or before"; "during the months ...."; or "not sooner than ...., or
later than" as headings for the third column of paragraph (a) of the
basic clause.
ALTERNATE II is to be used if the delivery schedule is expressed in
terms of specific calendar dates or specific periods and is based on an
assumed date the Contractor receives notice of award. The time may be
expressed by substituting "within days after the date of receipt of a
written notice of award" as the heading of the third column of
paragraph (a) of the basic clause.
ALTERNATE III is to be used if the delivery schedule is to be based on
the actual date the Contractor receives a written notice of award, the
Contracting Officer may delete paragraph (b) of the basic clause. The
time may be expressed by substituting "within days after the date of
receipt of a written notice of award" as the heading of the third
column of paragraph (a) of the basic clause.
This provision or clause and its Alternate(s) must be incorporated
into procurement documents in "Full Text." The provision or clause
also contains blanks which must be filled in when it is used in a
procurement document. See the FAR for the text.
52.212-03 Commencement, Prosecution, and Completion of Work (APR 1984).
As prescribed in FAR 12.104(b), insert the clause in solicitations
and contracts when a fixed-price construction contract is
contemplated. The clause may be changed to accommodate the issuance of
orders under indefinite-delivery contracts for construction.
ALTERNATE I is to be used if the completion date is expressed as a
specific calendar date, computed on the basis of the Contractor
receiving the notice to proceed by a certain day.
This provision or clause and its Alternate! s) must be incorporated
into procurement documents in "Full Text." The provision or clause
also contains blanks which must be filled in when it is used in a
procurement document. See the FAR for the text.
52.212-04 Liquidated Damages—Supplies, Services, or Research and
Development (APR 1984).
As prescribed in FAR 12.204(a), the Contracting Officer may insert
the clause in solicitations and contracts when a fixed-price contract
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is contemplated for supplies, services, or research and development
(see FAR 12.202).
This provision or clause must be incorporated into procurement
documents in "Pull Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.212-05 Liquidated Damages—Construction (APR 1984).
As prescribed in FAR 12.204(b), the Contracting Officer may insert
the clause in solicitations and contracts for construction, except
contracts on a cost-plus-fixed-fee basis (see FAR 12.202).
ALTERNATE I is to be used if different completion dates are specified
in the contract for separate parts or stages of the work. Revise
paragraph (a) of the clause to state the amount of liquidated damages
for delay of each separate part or stage of the work under these
circumstances.
This provision or clause and its Alternate(s) must be incorporated
into procurement documents in "Pull Text." The provision or clause
also contains blanks which must be filled in when it is used in a
procurement document. See the FAR for the text.
52.212-06 Time Extensions (APR 1984).
As prescribed in FAR 12.204(c), insert the clause in solicitations
and contracts for construction in which the clause at FAR 52.212-5,
Liquidated Damages—Construction, is used with its Alternate I.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.212-09 Variation in Quantity (APR 1984).
As prescribed in FAR 12.403(a), insert the clause in solicitations
and contracts when a fixed-price contract is contemplated for supplies,
and for services that involve the furnishing of supplies.
This provision or clause must be incorporated into procurement
documents in "Pull Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the PAR for the text.
52.212-10 Delivery of Excess Quantities of $100 or Less (APR 1984).
As prescribed in FAR 12.403(b), the Contracting Officer may insert
the clause in solicitations and contracts when a fixed-price supply
contract is contemplated.
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This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.212-11 Variation in Estimated Quantity (APR 1984).
As prescribed in FAR 12.403(c), insert the clause in solicitations
and contracts when a fixed-price construction contract is contemplated
that authorizes a variation in the estimated quantity of unit-priced
items.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.212-12 Suspension of Work (APR 1984).
As prescribed in FAR 12.505(a), insert the clause in solicitations
and contracts when a fixed-price construction or architect-engineer
contract is contemplated.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.212-13 Stop-Work Order (APR 1984).
As prescribed in FAR 12.505(b), when contracting by negotiaton, the
Contracting Officer may insert the clause in solicitations and con-
tracts for supplies, services, or research and development. The "90-
day" period stated in the clause may be reduced to less than 90 days.
ALTERNATE I is to be used if this clause is inserted in a
cost-reimbursement contract. Substitute in paragraph (a)(2) the words
"the Termination clause of this contract" for the words "the Default,
or the Termination for Convenience of the Government clause of this
contract." In paragraph (b) substitute the words "an equitable
adjustment in the delivery schedule, the estimated cost, the fee, or a
combination thereof, and in any other terms of the contract that may be
affected* for the words "an equitable adjustment in the delivery
schedule or contract price, or both."
This provision or clause and its Alternate! s) may be incorporated
into procurement documents by reference—see the FAR for the text.
52.212-15 Government Delay of Work (APR 1984).
As prescribed in FAR 12.50S(d), insert the clause in solicitations
and contracts when a fixed-price contract is contemplated for supplies
other than commercial or modified-commercial items. The clause use is
optional when a fixed-price contract is contemplated for services, or
for supplies that are commercial or modified-commercial items.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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1552.212-70 Level of Effort—Cost-Reimbursement Term Contract.
As prescribed in 1512.104(a), insert the following contract clause in
cost-reimbursement term contracts including cost contracts without fee,
cost-sharing contracts* cost-plus-fixed-fee (CPFF) contracts, cost-
plus-incentive-fee contracts (CPIP), and cost-plus-award-fee contracts
(CPAF).
B.ft* LEVEL OF EFFORT—COST-REIMBURSEMENT TERM CONTRACT (EPAAR
1552.212-70) (APR 1984)
(a) The Contractor shall perform all work and provide all required
reports within the level of effort specified below. The Government
will order direct labor hours for the base period which
represents the Government's best estimate of the level of effort
required 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 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)
1552.212-71 work Assignments.
As prescribed in 1512.104(b), insert the following contract clause in
cost-reimbursement type tern form contracts when work assignments are
to be used.
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B.It WORK ASSIGNMENTS (BPAAR 1552.212-71) (APR 1984)
(a) The Contractor shall perform work under this contract as speci-
fied in written work assignments issued by the Contracting Officer.
(b) Bach 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 assign-
ment, 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 disap-
proval of it to the Contractor. If the Contractor has not received
approval on a work plan within calendar days after its submis-
sion, the Contractor shall stop work on that work assignment. Also, if
the Contracting Officer disapproves a work 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
nay suggest a change to the terms or conditions, the Contractor shall
immediately notify the Contracting Officer.
(End of clause)
EP52.212-100 Incorporation of Notice of Award.
Insert the following clause in a contract if a Notice of Award was
used.
B.It INCORPORATION OP NOTICE OP AWARD (EPS2.212-100) (APR 1984)
This contract confirms and supersedes the Notice of Award dated
All terms and conditions of this contract including
entitlement to reimbursement for allowable and allocable costs incurred
are in effect from
(End of clause) (Derived from Acq Hdbk, B2)
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EP52.212-110 Incorporation of Notice to Proceed.
Insert this clause in all Comprehensive Environmental Response,
Compensation and Liability Act (CBRCLA) and other contracts if a Notice
to Proceed was used.
B.tf INCORPORATION OP NOTICE TO PROCEED (EP52.212-110) (APR 1984)
This definitive contract replaces the Notice to Proceed or Letter
Contract Number , dated , and any amendments
thereto, and hereinafter forms the final agreement between the
parties. Any costs incurred or payments made under the previously
referenced Notice to Proceed or Letter Contract shall be considered to
have been incurred or made under this definitive contract.
(End of clause) (Derived from HPO 190)
EP52.212-130 Letter Contract.
Insert the following clause in a definitized letter contract.
B.It LETTER CONTRACT (EPS2.212-130) (APR 1984)
This contract replaces letter contract dated
and any amendments. The Contractor is entitled to reimbursement for
allowable, allocable costs incurred under the letter contract.
(End of clause) (Derived from Acq Hdbk, B3)
BPS2.212-140 Period of Performance.
Insert one of these clauses when the exact work start date has been
established. Use the basic clause when the period of performance
includes delivery of final reports. Alternate I is to be used to
exclude final reports from the period of performance. These clauses
are not used in fixed-price contracts requiring specified
deliverables. If no final reports are required, modify the clauses
accordingly.
P.I* PERIOD OP PERFORMANCE (EP52.212-140) (AOG 1984)
The period of performance of this contract shall be from
through inclusive of all required reports.
(End of clause)
P.II PERIOD OP PERFORMANCE (EPS2.212-140) ALTERNATE I (AUG 1984)
The period of performance of this contract shall be from
through exclusive of all required reports.
.(End of clause)
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EP52.212-150 Period of Performance—Starting With Effective Date of
Contract.
Insert one of these clauses when the exact starting date is not known
prior to award. Dae the basic clause when the period of performance
includes delivery of final reports. Alternate I is to be used to
exclude final reports from the period of performance. These clauses
are not to be used in fixed-price contracts requiring specified
deliverables.
P. II PERIOD OP PERFORMANCE—STARTING WITH EFFECTIVE DATE OP CONTRACT
(EP52.212-150) (AOG 1984)
The period of performance of this contract is from the effective date
of the contract through inclusive of all required
reports.
(End of clause)
F.I I PERIOD OP PERFORMANCE—STARTING WITH EFFECTIVE DATS OP CONTRACT
(EP52.212-150) ALTERNATE I (AOG 1984)
The period of performance of this contract is from the effective date
of the contract through exclusive of all required
reports.
(End of clause)
EP52.212-155 Effective Period of Contract—Time and Materials, Labor
Hour, or Indefinite Delivery/Indefinite Quantity
Fixed-Rate Services Contract.
Insert the following clause in applicable Time and Materials, Labor
Hour, or Indefinite Delivery/Indefinite Quantity Fixed-Rate Services
contracts.
P.It EFFECTIVE PERIOD OP CONTRACT—TIME AND MATERIALS, LABOR BOOR, OR
INDEFINITE DELIVERY/INDEFINITE QUANTITY FIXED-RATE SERVICES
CONTRACT (EP52.212-155) (APR 1984)
The effective period of this contract is from through
(End of clause)
(Drafted by EPA, Procurement and Contracts Management Division)
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BP52.212-160 Delivery Schedule.
Insert the following clause in all contracts calling for specified
deliverables. When this clause is used, a period of performance clause
is not required.
P.It DELIVERY SCHEDULE (EP52.212-160) (APR 1984)
The following items shall be delivered under this contract.
Item No. Description Quantity Delivery Date
(End of clause) (Derived from Acq Hdbk, P4)
BP52.212-170 Proposed Contract Start Date—Completion Contracts.
Insert this provision in negotiated solicitation documents when it is
necessary to identify a proposed contract start date when a completion
contract is contemplated.
L.It PROPOSED CONTRACT START DATE—COMPLETION CONTRACTS (BP52.212-170)
(AUG 1984)
Por proposal preparation purposes, offerers may assume contract start
date of
(End of provision)
EP52.212-180 Proposed Contract Start Date—Level of Effort Contract.
Insert this provision in negotiated solicitation documents when it is
necessary to identify a proposed contract start date when a level of
effort contract is contemplated. This provision may be used in
appropriate indefinite delivery/indefinite quantity fixed-rate services
solicitations.
L.tt PROPOSED CONTRACT START DATE—LEVEL OP EFFORT CONTRACT
(EP52.212-180) (ADC 1984)
(a) Por proposal preparation purposes, offerors may assume contract
start date of
(b) That the required effort will be uniformly incurred throughout
each contract period.
(End of provision)
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52.213-01 Past Payment Procedure (APR 1984).
As prescribed in PAX 13.305, insert the clause in solicitations and
contracts when the conditions in PAR 13.302 are applicable and it is
intended that the fast payment procedure be used in the contract (in
the case of BPAs, the Contracting Officer may elect to insert the
clause either in the BPA or in orders under the BPA).
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the teit.
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.
ACQUISITION HANDBOOK, Volume XX, Page 24.1
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H.I* NOTICE TO SUPPLIERS OF EQUIPMENT (EPAAR 1552.213-70) (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)
52.214-01 Solicitation Definitions—Formal Advertising (APR 1984).
As prescribed in FAR 14.201-6(b)(l), insert the provision in all
invitations for bids.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-02 Type of Business Organization—Formal Advertising (APR 1984).
As prescribed in FAR 14.201-6(b) (2), insert the provision in all
invitations for bids.
This provision or clause must be incorporated into procurement
documents in "Full Text"—see the FAR for the text.
52.214-03 Acknowledgement of Amendments to Invitations for Bids (APR
1984).
As prescribed in FAR 14.201-6(b) (3), insert the provision in all
invitations for bids.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-04 False) Statements in Bids (APR 1984).
As prescribed in FAR 14.201-6(b) (4), insert the provision in all
invitations for bids.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-05 Submission of Bids (APR 1984).
As prescribed in FAR 14.201-6(c)(l), insert the provision in
invitations for bids unless they are for construction that is not
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estimated to exceed (10,000. The use of this provision in invitations
for bids for construction that is not estimated to exceed $10,000 is
optional.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-06 Explanation to Prospective Bidders (APR 1984).
As prescribed in FAR 14.201-6(c)(2), insert the provision in
invitations for bids unless they are for construction that is not
estimated to exceed $10,000. The use of this provision in invitations
for bids for construction that is not estimated to exceed $10,000 is
optional.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-07 Late Submissions, Modifications, and Withdrawals of Bids
(APR 1984).
As prescribed in FAR 14.201-6(c)(3), insert the provision in
invitations for bids unless they are for construction that is not
estimated to exceed $10,000. The use of this provision in invitations
for bids for construction that is not estimated to exceed $10,000 is
optional.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-08 Parent Company and Identifying Data (APR 1984).
As prescribed in FAR 14.201-6(d), insert the provision in invitations
for bids unless they are for construction that is not estimated to
exceed $10,000.
This provision or clause must be incorporated into procurement
documents in "Full Text"—see the FAR for the text.
52.214-09 Failure to Submit Bid (APR 1984).
As prescribed in FAR 14.201-6(e)(l), insert the provision in
invitations for bids except those for construction.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-10 Contract Award—Formal Advertising (APR 1984).
As prescribed in FAR 14.201-6(e)<2), insert the provision in
invitations for bids except those for construction.
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This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-11 Order of Precedence—Formal Advertising (APR 1984).
As prescribed in FAR 14.201-6(f)(1), insert the provision in
invitations for bids to which the uniform contract format applies.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-12 Preparation of Bids (APR 1984).
As prescribed in FAR 14.201-6(f) (2), insert the provision in
invitations for bids to which the uniform contract format applies.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-13 Telegraphic Bids (APR 1984).
As prescribed in FAR 14.201-6(g), insert the provision in invitations
for bids if the Contracting Officer decides to authorise telegraphic
bids.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-14 Place of Performance—Formal Advertising (APR 1984).
As prescribed in FAR 14.201-6(h), insert the provision in invitations
for bids except those in which the place of performance is specified by
the Government.
This provision or clause must be incorporated into procurement
documents in "Full Text"—see the FAR for the text.
52.214-15 Period for Acceptance Bida (APR 1984).
As prescribed in FAR 14.201-6U), insert the provision in imitations
for bids (IFBs) that are not issued on Standard Form 33, Solicitation,
Offer* and Award* except IFBs (1) for construction or (2) in which the
specifies a minimum acceptance period.
This provision or clause must be incorporated into procurement
documents in "Full Text."- The provision or clause also contains blanks
which moat be filled in when it is used in a procurement document. See
the FAR for the text.
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52.214-16 Minimum Bid Acceptance Period (APR 1984).
As prescribed in FAR 14.201-6(j), insert the provision in invitations
for bids, except for construction, if the Contracting Officer
determines that a minimum acceptance period must be specified.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.214-17 Affiliated Bidders (APR 1984).
As prescribed in FAR 14.201-6(k), insert the provision in invitations
for bids if the Contracting Officer determines that disclosure of
affiliated bidders is necessary to prevent practices prejudicial to
fair and open competition, such as improper multiple bidding:
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-18 Preparation of Bids—Construction (APR 1984).
As prescribed in FAR 14.201-6(1), insert the provision in invitations
for bids for construction work estimated to exceed $10,000. The use of
this provision in invitations for bids, for construction work that is
not estimated to exceed $10,000 is optional.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-19 Contract Award—Formal Advertising—Construction (APR 1984).
As prescribed in FAR 14.201-6(m), insert the provision in all
invitations for bida for construction work that is estimated to exceed
$10,000.
This provision or clause may be incorporated into procurement
document a by reference—see the FAR for the text.
52.214V20- Bid Samples (APR 1984).
As prescribed in FAR 14.201-6(o)(l), insert the provision in
invitationa for bida if bid samples are required.
ALTERNATE I ia to be used if it appears that the conditions in FAR
14.202-4(f)(l) will apply and the Contracting Officer anticipates
granting waivers thereunder, and if the nature of the required product
does__not necessitate limiting the grant of a waiver to a product
produced at the same plant in which the product previously acquired or
tested was produced.
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ALTERNATE II is to be used if it appears that the conditions in FAR
14.202-4(f)(l) will apply and the Contracting Officer anticipates
granting waivers thereunder, and if the nature of the required product
necessitates limiting the grant of a waiver to a product produced at
the sane plant in which the product previously acquired or tested was
produced.
This provision or clause and its Alternated) must be incorporated
into procurement documents in "Full Text." The Alternates contain
blanks which must be filled in when they are used in a procurement
document. See the FAR for the text.
52.214-21 Descriptive Literature (APR 1984).
As prescribed in FAR 14.201-6(p) (1), insert the provision in
invitations for bids if (a) descriptive literature is required to
evaluate the technical acceptability of an offered product and (b) the
required information will not be readily available unless it is
submitted by bidders.
ALTERNATE I is to be used if the possibility exists that the
Contracting Officer may waive the requirement for furnishing
descriptive literature for a bidder offering a previously supplied
product that meets specification requirements of the current
solicitation.
This provision or clause and its Alternate(s) must be incorporated
into procurement documents in "Full Text." The Alternate contains
blanks which must be filled in when it is used in a procurement
document. See the FAR for the text.
52.214-22 Evaluation of Bids for Multiple Awards (APR 1984).
As prescribed in FAR 14.201-6(q), insert the provision in invitations
for bids when the Contracting Officer determines that multiple awards
might be made if doing so is economically advantageous to the
Government•
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-2i Late Submissions, Modifications, and Withdrawals of
Technical Proposals under Two-Step Formal Advertising (APR
1984).
As prescribed in FAR 14.201-6(r), insert the provision in
solicitations for technical proposals in step one of two-step formal
advertising.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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52.214-24 Multiple Technical Proposals (APR 1984).
As prescribed in FAR 14.201-6(s), insert the provision in
solicitations for technical proposals in step one of two-step formal
advertising if the Contracting Officer permits the submission of
multiple proposals.
This provision or clause must be incorporated into procurement.
documents in "Full Text"—see the FAR for the text.
52.214-25 Step Two of Two-Step Formal Advertising (APR 1984).
As prescribed in FAR 14.201-6(t), insert the provision in invitations
for bids issued under step two of two-step formal advertising.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.214-26 Audit—Formal Advertising (APR 1984).
As prescribed in FAR 14.201-7(a), when contracting by formal
advertising, insert the clause in solicitations and contracts if the
contract amount is expected to exceed $100,000.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-27 Price Reduction for Defective Cost or Pricing
Data—Modifications—Formal Advertising (APR 1984).
As prescribed in FAR 14.201-7 (b), when contracting by formal
advertising, insert the clause in solicitations and contracts if the
contract amount is expected to exceed $500,000, unless a contract with
a foreign government or an agency of that government is contemplated
and the Bead of the Contracting Activity has waived the requirement for
the inclusion of the clause.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.214-28 Subcontractor Cost or Pricing Data—Modifications—Formal
Advertising (APR 1984).
As prescribed in FUR 14.201-7(c), when contracting by formal
advertising, insert the clause in solicitations and contracts if the
contract amount is expected to exceed $500,000, unless a contract with
a foreign government is contemplated and the Head of the Contracting
Activity has waived the requirement for the inclusion of the clause.
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This provision or clause nay be incorporated into procurement
documents by reference—see the FAR for the text.
1552.214-70 Past Performance.
As prescribed in 1514.201-6(a), insert this solicitation provision in
all formally advertised solicitation documents.
L.## PAST PERFORMANCE (EPAAR 1552.214-70) (APR 1984)
Bidders shall provide as part of their bids submission: a list of
Government contracts received during the last two years for identical
or similar work to that being procured under this solicitation. For
each contract, state the contract number, the Government agency placing
the contract, the type of contract, and a brief description of the work.
(End of provision)
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.
M.## CONTRACT AWARD—OTHER FACTORS—FORMAL ADVERTISING (EPAAR
1552.214-71) (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)
52.215-01 Examination of Records by Comptroller General (APR 1984).
As prescribed in FAR 15.106-Kb), when contracting by negotiation
(including small business restricted advertising), insert the clause in
solicitations and contracts except when (a) making small purchases (see
FAR Part 13), (b) contracting for utility services at rates not
exceeding those established to apply uniformly to the public, plus any
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applicable reasonable connection charge, or (c) making contracts with
foreign Contractors for which the agency head authorizes omission under
FAR Subpart 25.9.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-02 Audit—Negotiation (APR 1984).
As prescribed in FAR 15.106-2(b), when contracting by negotiation,
insert the clause in solicitations and contracts, unless the
acquisition is a small purchase under FAR Part 13.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-03 Solicitation for Information or Planning Purposes (APR 1984).
As prescribed in FAR 15.405-2, insert the provision on the face of
each solicitation (other than those excluded by FAR 15.401) issued for
information or planning purposes.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.215-04 Notice of Possible Standardization (APR 1984).
As prescribed in FAR 15.407(b), upon the approval of Chief of the
Contracting Office (see FAR 15.213(d))f the provision may be inserted
in requests for proposals, other than those excluded by FAR 15.401 and
those for information or planning purposes, for supplies that
subsequently might be standardized for the applications specified in
FAR 15.213(b)(l) (see FAR 14.201-6(n) regarding use of the provision in
invitations for bids).
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-05 Solicitation Definitions (APR 1984).
As prescribed in FAR 15.407(c)(l), insert the provision in requests
for proposals and requests for quotations.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-06 Type of Business Organization (APR 1984).
As prescribed in FAR 15.407(c)(2), insert the provision in requests
for proposals and requests for quotations.
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This provision or clause must be incorporated into procurement
documents in "Full Text"—-see the FAR for the text.
52.215-07 Unnecessarily Elaborate Proposals or Quotations (APR 1984).
As prescribed in FAR 15.407(c)(3), insert the provision in requests
for proposals and requests for quotations.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-08 Acknowledgement of Amendments to Solicitations (APR 1984).
As prescribed in FAR 15.407(c)(4), insert the provision in requests
for proposals.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-09 Submission of Offers (APR 1984).
As prescribed in FAR 15.407(c)(5), insert the provision in requests
for proposals.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-10 Late Submission, Modifications, and Withdrawals of Proposals
(APR 1984).
As prescribed in FAR 15.407(c)(6), insert the provision in requests
for proposals.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-11 Authorised Negotiators (APR 1984).
As prescribed in FAR 15.407(c) (7), insert the provision in all
requests for proposals and requests for quotations.
This provision or clause must be incorporated into procurement
documents in "Full Text"—see the FAR for the text.
52.215-12 Restriction on Disclosure and Use of Data (APR 1984).
As prescribed in FAR 15.407(c) (8), insert the provision in all
requests for proposals and requests for quotations.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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52.215-13 Preparation of Offers (APR 1984).
As prescribed in FAR 15.407(d)(1), insert the provision in requests
for proposals other than those excluded by FAR 15.401.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-14 Explanation to Prospective Offerers (APR 1984).
As prescribed in FAR 15.407(d)(2), insert the provision in requests
for proposals other than those excluded by FAR 15.401.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-15 Failure to Submit Offer (APR 1984).
As prescribed in FAR 15.407(d) (3), insert the provision in requests
for proposals other than those excluded by FAR 15.401.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-16 Contract Award (APR 1984).
As prescribed in FAR 15.407(d)(4), insert the provision in requests
for proposals other than those excluded by FAR 15.401.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-17 Telegraphic Proposals (APR 1984).
As prescribed in FAR 15.407(e), insert the provision in requests for
proposals that authorize telegraphic proposals or quotations.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-18 Order of Precedence (APR 1984).
As prescribed in FAR 15.407(f), insert the provision in all requests
for proposals to which the uniform contract format applies.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-19 Period for Acceptance of Offer (APR 1984).
As prescribed in FAR 15.407(g), insert the provision in requests for
proposals (other than those excluded by FAR 15.401) that are not issued
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on SP 33 except those (a) for construction work or (b) in which the
Government specifies a minimum acceptance period.
This provision or clause must be incorporated into procurement
documents in "Pull Text"—see the FAR for the text.
52.215-20 Place of Performance (APR 1984).
As prescribed in PAR 15.407(h), insert the provision in requests for
proposals, and in requests for quotations, other than those excluded by
PAR 15.401 and those for information or planning purposes, except those
in which the place of performance is specified by the Government.
This provision or clause must be incorporated into procurement
documents in "Pull Text." See the PAR for the text.
52.215-21 Changes or Additions to Make-or-Buy Program (APR 1984).
As prescribed in PAR 15.708, insert the clause in solicitations and
contracts when it is contemplated that a make-or-buy program will be
incorporated in the contract.
ALTERNATE XI is to be used if a less economical "make" or "buy"
categorization is selected for one or more items of significant value
when a cost-plus-incentive-fee contract is contemplated.
This provision or clause and its Alternate(s) may be incorporated
into procurement documents by reference—see the PAR for the text.
52.215-22 Price Reduction for Defective Cost or Pricing Data (APR
1984).
As prescribed in PAR 15.804-8(a), when contracting by negotiation,
insert the clause in solicitations and contracts when it is
contemplated that cost or pricing data will be required (see PAR
15.804-2).
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.215-23 Price Reduction for Defective Cost or Pricing Data-
Modifications (APR 1984).
As prescribed in PAR 15.804-8(b), when contracting by negotiation,
insert the clause in solicitations and contracts when (a) it is
contemplated that cost or pricing data will be required (see PAR
15.804-2) for the pricing of contract modifications, and (b) the clause
prescribed in PAR 15.804-8(a) has not been included. If the contract
amount is expected to be (500,000 or less, the Contracting Officer
shall reduce the dollar amounts specified in the clause, as appropriate.
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This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-24 Subcontractor Cost or Pricing Data (APR 1984).
As prescribed in FAR 15.804-8(c), insert the clause in solicitations
and contracts when the clause prescribed in FAR 15.804-8(a) ic
included. If the contract amount is expected to be $500,000 or less,
the Contracting Officer shall reduce the dollar amounts specified in
the clause, as appropriate.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-25 Subcontractor Cost or Pricing Data—Modifications (APR 1984).
As prescribed in FAR 15.804-8(d), insert the clause in solicitations
and contracts when the clause prescribed in FAR 15.804-8(b) is
included. If the contract amount is expected to be $500,000 or less,
the Contracting Officer shall reduce the dollar amounts specified in
the clause, as appropriate.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-30 Facilities Capital Cost of Money (APR 1984).
As prescribed in FAR 15.904, insert the clause in solicitations and
contracts when it is contemplated that the contract will be subject to
the cost principles for contracts with commercial organizations, FAR
Subpart 31.2.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.215-31 Waiver of Facilities Capital Cost of Money (APR 1984).
As prescribed in FAR 15.904, insert the clause in solicitations and
contracts when it is contemplated that the contract will be subject to
the coat principles for contracts with commercial organizations, FAR
Subpart 31.2.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
1552.215-70 EPA Source Evaluation and Selection Procedures—
Negotiated Procurements.
As prescribed in 1515.605, insert the following solicitation provi-
sion in Requests for Proposals.
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M.## EPA SOURCE EVALUATION AND SELECTION PROCEDURES—NEGOTIATED
PROCUREMENTS (EPAAR 1552.215-70) (APR 1984)
(a) The Government will select an offerer for negotiation and award
in accordance with FAR Part 15 and the EPA Source Evaluation and
Selection Procedures in EPAAR Part 1515 (48 CFR 1515). The significant
features of this procedure are:
(1) The Government will evaluate cost or price in accordance with FAR
Part 31. In addition the Government will evaluate proposals to deter-
mine cost realism. Cost realism relates to an offerer's demonstrating
that the proposed cost or price provides an adequate reflection of its
understanding of the requirements of this solicitation.
(2) The Technical Evaluation Panel will evaluate and score technical
proposals against the specified Technical Evaluation Criteria.
(b) In addition to evaluation of the previously discussed elements,
the Government will consider in any award aecision the responsibility
factors set forth in FAR Part 9.
(End of provision)
1552.215-71 Evaluation Factors for Award.
As prescribed in 1515.605, insert one of the following solicitation
provisions in Requests for Proposals. The first provision states that
technical quality is more important than cost or price. The Alternate
X provision states that cost or price is more important than technical
quality provided an offerer's technical proposal establishes that the
minimum needs of the Government can be met. The "other factors" listed
in paragraph (b) of the provision may be revised at the discretion of
the Contracting Officer. Technical evaluation criteria should be
prepared in accordance with FAR 15.605 and inserted into paragraph (b)
of the provision.
M.#f EVALUATION FACTORS FOR AWARD (EPAAR 1552.215-71) (APR 1984)
(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 price and other factors considered. For this
solicitation, technical quality is more important than cost or price.
The Government will consider other factors, as listed below in descend-
ing order of importance, secondary to both technical quality and cost
or pricei
(1) Small business concerns which are also labor surplus area
concerns;
(2) Other small business concerns;
(3) Other concerns which are also labor surplus area concerns;
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(4) Record of past performance.
As proposals become more equal in their technical merit, the evalu-
ated cost or price becomes more important. As the technical merit and
the evaluated cost or price become essentially equal, other factors may
become a determining factor.
(b) Technical Evaluation Criteria
(End of provision)
EVALUATION FACTORS FOR AWARD (EPAAR 1552.215-71) (APR 1984)
ALTERNATE I (APR 1984)
(a) The Government will make award to the responsible offerer whose
offer conforms to the solicitation and is most advantageous to the
Government, cost or price, technical quality and other factors con-
sidered. The Government will award a contract only to concerns whose
technical proposals establish that they can meet the minimum needs of
the Government. However, among concerns in this category, the
Government considers cost or price more important than relative
technical quality differences.
The Government will consider other factors, as listed below in
descending order of importance, secondary to both cost or price or
technical quality:
(1) Small business concerns which are also labor surplus area
concerns;
(2) Other small business concerns;
(3) Other concerns which are also labor surplus area concerns;
(4) Record of past performance.
As the evaluated coat/price becomes more equal, relative technical
quality becomes more important. As the evaluated cost/price and
technical merit become essentially equal, other factors may become a
determining factor.
(b) Technical Evaluation Criteria
tBnd of provision)
1552.215-72 Past Performance.
As prescribed in 1515.407(a), insert this solicitation provision in
all negotiated solicitation documents.
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L.## PAST PERFORMANCE (EPAAR 1552.215-72) (APR 1984)
Offerers shall provide the following required information as part of
their initial submission:
(a) A list of Government contracts received during the last two years
for identical or similar work to that being procured under this
solicitation. For each contract, state the contract number, the
Government agency placing the contract, the type of contract, and a
brief description of the work.
(b) If the offerer has overrun any cost-type Government contract or
subcontract in the last two years, list the agency funding the work,
the contract number, the amount of the contract, the overrun, and the
reason for the overrun.
(End of provision)
1552.215-73 Instructions for the Preparation of Technical and Cost or
Pricing Proposals.
As prescribed in 1515.407(a), insert the following solicitation
provision in all negotiated solicitation documents. Enter any special
technical proposal instructions in (a)(2) or insert "none."
L.## INSTRUCTIONS FOR THE PREPARATION OP TECHNICAL AND COST OR PRICING
PROPOSALS (EPAAR 1552.215-73) (APR 1984)
(a) Technical proposal instructions.
(1) Submit your technical proposal as a separate part of the total
proposal package. Omit all cost or pricing details from the technical
proposal. Include the following elements in your technical proposal
(see also the Statement of Work and the Technical Evaluation Criteria):
(i) Technical approach)
(ii) Technical management;
(iii) Key technical personneli
(iv) Assumptions, deviations, and exceptions (as necessary)} and
(v) Additional information.
(2) Special technical proposal instructions.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(b) Cost or pricing proposal instructions.
Your cost or price proposal shall be specific, complete in every
detail, and separate from your technical proposal.
(1) General - Submit cost or pricing data on Standard Form 1411,
Contract Pricing Proposal Cover Sheet, prepared in accordance with FAR
15.804-6, FAR Table 15-3, and the following:
(i) Clearly identify separate cost or pricing data 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.
You may indicate the above cost or price detailed data in narrative
form or on a spread sheet, provided that all cost or pricing data is
adequately and clearly described. Place recap/summary information on
the SF 1411.
(ii) Clearly identify all costs and data in support of the proposed
cost/price.
(iii) Submit a current financial statement, including a balance sheet
and a statement of profit and loss for the last completed fiscal year.
Specify resources available to perform the contract without assistance
from any outside source. If sufficient resources are not available,
indicate in your proposal the amount required and the anticipated
source (i.e., bank loans, letter or lines of credit, etc.).
(iv) If other divisions, subsidiaries, a parent or affiliated
companies will perform work or furnish materials under this proposed
contract, please provide the name and location of such affiliate and
your intercompany pricing policy.
(v) If the contract schedule includes a "Fixed Rates for Services"
clause, please provide in your cost proposal a schedule duplicating the
format in the clause and include your proposed fixed hourly rates per
labor category for the base and any optional contract periods.
(vi) If the contract includes the clause at EPAAR 1552.232-73
"Payments—Fixed-Rate Services Contract," or the clause at FAR 52.232-7
•Payments Under Time and Materials and Labor Hour Contracts," include
in your cost proposal any burden rate you will apply to materials,
other direct costs, or subcontracts. The Government will include the
burden factor as part of its cost proposal evaluation.
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(2) Direct Labor.
(i) Attach support schedules indicating types or categories of labor
together with labor hours for each category, indicating rate of
compensation. Indicate the method used in computing the labor rate.
If individual labor rates are proposed, give employee names.
(ii) Indicate whether current rates or escalated rates are used. If
escalation is included, state the degree (percent) and methodology.
(iii) State whether any additional direct labor (new hires) will be
required during the performance period of this acquisition. If so,
state the number required.
(iv) 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 salary is
allocated, and the proportionate time charged to each; and
(D) Other duties, such as teaching assignments, administrative
assignments, and other institutional activities. Show the proportion-
ate time charged to each.
(3) Indirect costs (overhead, general, and administrative expenses).
Unless your proposed indirect rate(s) have recently been accepted by
a contracting agency of the Government, provide detailed supporting
computations. These computations may include historical as well as
budgeted data. Indicate whether your computations are based upon
historical or projected data.
(4) Travel expense.
Attach a schedule illustrating how travel was computed.
(5) Consultant service.
Identify the contemplated consultants. State the amount of service
estimated to be required and the consultant's quoted daily or hourly
rate.
(6) When the cost of a subcontract is substantial (25 percent of the
estimated contract value or $10,000, whichever is less), include
details of subcontract costs in the same format as the prime
Contractor's costs.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(7) Other direct costs.
Attach a schedule illustrating how other direct costs were computed.
(c) Facilities and special equipment, including tooling.
(1) If special purpose facilities or equipment is being proposed,
provide a description of the items, details of the proposed cost
including competititve prices, and a justification as to why the
Government should furnish the equipment or allow its purchase with
contract funds.
(2) If fabrication by the prime Contractor is contemplated, include
details of material, labor, and overhead.
(3) Identify Government-owned property in the possession of the
offerer or proposed to be used in the performance of the contract, and
the Government agency which has cognizance over the property.
(End of provision)
1552.215-74 Cost Proposal Instructions.
As prescribed in 1515.407(c), insert a provision substantially as
follows in negotiated procurement solicitation documents when cost or
pricing data is required in an offerer's proposal and it is necessary
to obtain the detailed cost data specified in the provision. While
designed to obtain cost data for procurements under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) ("Super
Fund") program, the provision may be used in other negotiated
solicitations.
L.#f COST PROPOSAL INSTRUCTIONS (BPAAR 1552.215-74) (APR 1984)
Offerers are instructed to prepare their cost proposals in sufficient
detail to permit thorough and complete evaluation by the Government.
Categories of labor to be employed, for example, and the associated
number of estimated hours pax category, shall be clearly identified.
All items of equipment, together with estimated usage hours, shall be
set forth. All material costs, travel and per diem costs, analysis
costs, and transportation and disposal coats shall be identified as
well. Where proposed rates are not based upon catalog or list prices,
the basis for the proposed rates shall be identified. Equipment rates
may be proposed on any basis (e.g., hourly, daily, weekly, monthly).
The cost proposal shall be submitted on Standard Form 1411, Contract
Pricing Proposal Cover Sheet, prepared in accordance with general
instructions in FAR 15.804-6 and FAR Table 15-3. Summary data should
b» placed on SF 1411, and the following format should be followed in
preparing the detailed coat proposal. All items which are subcon-
tracted should be clearly identified and should include the name and
address of the proposed subcontractor. Written quotations for all
subcontracted services must accompany your cost proposal.
ACQUISITION HANDBOOK, Volume II, Page 42
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(a) Labor.
Labor
Categories
Estimated
Hours
Rate/Hour
*
'.'.'.'.'. I'.'.'.'.'.'.'.'.'.
Labor Cost Subtotal
Total
*.
*.
(b) Equipment.
Item
Description
Estimated
Usage
Rate
Total
*
*
*
f.
».
f.
Equipment Cost Subtotal
(e) Travel and Subsistence.
(1) Travel
NO. Of
Persons From
(2) Subsistence.
No. of
Persons
(d) Materials and
Item
Description
Cost Per
To Mileage Trip Total
9 9
, 9 9
NO. Of
Days Rate/Day Total
9 9
$ 9
Safety Equipment.
Estimated Unit
Quantity Price Total
9 9
9 9
9 9
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(e) Sampling and Analytical Services.
Type of
Analysis
(f) Transpor
Type of
Material
(9) Disposal
Type of
Material
No. of Price/
Analyses Analysis
* *
A 4.
$ «.
Analytical Cost Subtotal $.
tation.
Estimated $/Mile
Size of No. of No. of or
Load Miles Loads I/Load
*
$
TFJUI sport ftfcion Cost Subtot A!
•
Method of Estimated $/Gal. or
Disposal Quantity $/Ton
A
$
Disposal Cost Subtotal
Total
Total
$
g
s
Total
$
s
*
(h) Other Miscellaneous Services or Charges.
Include in this category any costs associated with mobilization
and/or demobilization, handling charges on materials or subcontracts,
and any other estimated costs not included in the above categories.
(PLEASE ITEMIZE AND PROVIDE BREAKDOWNS WHERE APPLICABLE.)
other Costs Subtotal $
(End of provision)
1552.215-75 Additional Representations, Certifications, and Statements
of Offerers Whose Proposals Are In the Competitive Range.
As prescribed in 1515.407(a), insert the following provision in all
negotiated solicitations.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
L.## ADDITIONAL REPRESENTATIONS, CERTIFICATIONS, AND STATEMENTS OP
OFFBRORS WHOSE PROPOSALS ARE IN THE COMPETITIVE RANGE (EPAAR
1552.215-75) (APR 1984)
An offerer whose proposal is determined to be within the competitive
range will be requested to:
(a) Certify the validity of all General Financial and Organizational
Information (GFOI) currently on file at EPA;
(b) Update all outdated GFOI on file at EPA; or
(c) Provide all GFOI which may be required and which has not been
previously provided.
(End of provision)
1552.215-76 General Financial and Organizational Information.
As prescribed in 1515.407(b), insert the following provision in
documentation to offerers (quoters) of negotiated solicitations who are
in the competitive range.
K.»t GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (EPAAR
1552.215-76) (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 on file at EPA or update all outdated information
on file.
(a) Contractor's N«
(b) Address (If financial records are maintained at some other
location, show the address of the place where the records are
kept):
(c) Telephone Humbert
(d) Indlvidual(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 t $
Government fixed-price prioe contracts
and subcontracts! $
Coanercial Salest $
Total Saless $
(2) Total Sales for first and second fiscal years immediately
preceding last coapleted fiscal year.
Total Sales for First Preceding Fiscal Year 6.
Total Sales for Second Preceding Fiscal Year $.
(g) Is company a separate entity or division? ,
If a division or subsidiary corporation* name parent company:
(h) Date Company Organised* ...
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U.S. ENVIRONMENTAL PROTECTION AGENCY
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 agencyi
Has your cost accumulation system been approved by any Government
agency? Yes No
If yes, give name and address of agencys
(m) What is your fiscal year period? (Give month-to-month dates):
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
Zf yes, nan* and location of the Government agencyi ,
Date of last preaward audit review by a Government agency:
(Zf the answer is no, data supporting the proposed rates must
accompany the cost or price proposal. A breakdown of the items
comprising overhead and GfiA must be furnished.)
(o) Cost estimating is performed bys Accounting Department
Contract Department , Other ...
(describe)
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(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 Procedures:
Are purchasing procedures written? Yes No
Has your purchasing system been approved by a Government agency?
Yes No
If yes, name and location of the Government agency:
(r) Does your firm have an established written incentive compensation
or bonus plan? Yes No
(End of provision)
EPS2.215-100 Preproposal Conference.
Include a notice similar to the following in negotiated solicitations
when a preproposal conference is to be held. Enter the time, date, and
place of the preproposal conference in the provision.
L.tf PRBPROPOSAL CONFERENCE (BPS2.215-100) (APR 1984)
EPA will conduct a preproposal conference at
Offerers planning to attend the conference should provide written
notification to the contract specialist at least calendar
days prior to the conference date.
(End of provision) (Derived from Acq Hdbk, p. 79)
EP52.215-110 Technical Questions.
Include the following notice in every negotiated procurement
solicitation.
L.It TECHNICAL QUESTIONS (EPS2.215-110) (APR 1984)
Offerers must submit all technical questions concerning this
solicitation in writing to the contract specialist. EPA must receive
the questions no later than calendar days after the date
of this solicitation. EPA will answer questions which may affect
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offers in an amendment to the solicitation. EPA will not reference the
source of the questions.
(End of provision) (Derived from Acq Hdbk, p. 79)
EP52. 215-120 Definition of Labor Classifications.
include the following notice in any negotiated procurement
solicitation which identifies the disciplines and levels of expertise
required to perform the effort. The labor classifications shall be
defined by the program office and concurred with by the Contracting
Officer. The provision may be modified to satisfy instant needs. The
language in paragraphs (c) and (d) is provided as a sample only and may
or may not apply to the particular procurement.
L.I* DEFINITION OF LABOR CLASSIFICATIONS (EP52. 215-120) (APR 1984)
Offerers shall use the following labor classifications in preparing
their technical and cost proposals.
Definition of labor classifications. The direct labor hours
appearing below are for professional and technical labor only. These
hours do not include management at a level higher than the project
management and clerical support staff at a level lower than
technician. If it is your normal practice to charge these types of
personnel as a" direct cost, your proposal must include them along with
an estimate of the directly chargeable man-hours for these personnel.
If this type of effort is normally included in your indirect cost
allocations, no estimate is required. However, direct charging of
indirect costs on any resulting contract will not be allowed.
Additionally, the hours below are the workable hours required by the
Government and do not include release time (i.e., holiday, vacation,
etc.).
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(c) When identifying individuals assigned to the project, specify in
which of the above categories the identified individual belongs. If
your company proposes an average rate for a company classification,
identify the professional or technical level within which each company
category falls.
(d) You should submit separate Standard Forms 1411 for each column of
direct labor hours specified in (b) above. You should also submit, for
each option, a separate Standard Form 1411 for an increment of
hours. This increment must be proportionate to the mix of the effort
specified in (b).
(End of provision) (Derived from Acq Hdbk, p. 91)
EP52.215-130 Evaluation of Other Direct Costs.
Include the following provision in solicitations where it is
necessary to specify the travel or other direct cost amounts which
offerers should propose. The categories of costs listed (e.g., travel,
other direct costs) may vary depending on the particular procurement.
L.ftft EVALUATION OF OTHER DIRECT COSTS (EP52.215-130) (APR 1984)
For evaluation purposes, offerers shall propose the following amounts:
Cost
Category
Base
Period
option
Period 1
Option
Period 2
(End of provision)
EP52.215-140 Base Fee and Award Fee Proposal.
Insert this clause in all solicitations which contemplate the award
of cost plus award fee contracts.
L.It BASE FEE AND AWARD FEE PROPOSAL (EP52.215-140) (AOG 1984)
For the purpose of this solicitation, offerers shall propose a base
fee of percent of the total estimated cost proposed. The award
fee shall not exceed percent of the total estimated cost.
(End of clause)
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52.216-01 Type of Contract (APR 1984).
As prescribed in FAR 16.105, complete and insert the provision in
requests for proposals (RFPs) and requests for quotations (RFQs),
unless the solicitation is for (a) a small purchase (see FAR Part 13)
or (b) information or planning purposes FAR 15.405.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-02 Economic Price Adjustment—Standard Supplies (APR 1984).
As prescribed in FAR 16.203-4(a), when contracting by negotiation,
insert the clause in solicitations and contracts when the conditions
specified in FAR 16.203-4U) (1) (i) through (iii) apply (but see FAR
16.203-4(a)(2)). The clause may be modified by increasing the
10-percent limit on aggregate increases specified in subparagraph
(c)(l), upon approval by the Chief of the Contracting Office.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-03 Economic Price Adjustment—Semistandard Supplies (APR 1984).
As prescribed in FAR 16.203-4(b), when contracting by negotiation,
insert the clause in solicitations and contracts when the conditions
specified in FAR 16.203-4(b)(1)(i) through (iii) apply (but see FAR
16.203-4(b)(2)). The clause may be modified by increasing the
10-percent limit on aggregate increases specified in subparagraph
(cHl), upon approval by the Chief of the Contracting Office.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-04 Economic Price Adjustment—Labor and Material (APR 1984).
As prescribed in FAR 16.203-4(c), when contracting by negotiation,
insert a clause that is substantially the same as the FAR clause in
solicitations and contracts when the conditions specified in FAR
16.203-4(c)(l)(i) through (iv) apply (but see FAR 16.203-4(c)(2)). The
clause may be modified by increasing the 10-percent limit on aggregate
increases specified in subparagraph (c)(4), upon approval by the Chief
of the Contracting Office.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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52.216-05 Price Redetermination—Prospective (APR 1984).
As prescribed in FAR 16.205-4, when contracting by negotiation,
insert the clause in solicitations and contracts when a fixed-price
contract is contemplated and the conditions specified in FAR 16.205-2
and 16.205-3(a) through (d) apply.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-06 Price Redetermination—Retroactive (APR 1984).
As prescribed in FAR 16.206-4, when contracting by negotiation,
insert the clause in solicitations and contracts when a fixed-price
contract is contemplated and the conditions specified in FAR 16.206-2
and 16.206-3(a) through (d) apply.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-07 Allowable Cost and Payment (APR 1984).
As prescribed in FAR 16.307(a), insert the clause in solicitations
and contracts when a cost-reimbursement contract (other than a
facilities contract) is contemplated. If the contract is with an
educational institution, modify the clause by deleting from paragraph
(a) the words "Subpart 31.2" and substituting for them "Subpart 31.3."
If the contract is with a State or local Government, modify the clause
by deleting from paragraph (a) the words "Subpart 31.2" and
substituting for them "Subpart 31.6."
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text. If the above stated
modifications are utilized, the "by reference" citation to use in
procurement documents isi
52.216-07 ALLOWABLE COST AND PAYMENT (APR 1984). MODIFICATION:
If the contract is with an educational institution, modify the
clause by deleting from paragraph (a) the words "Subpart 31.2"
and substituting for them "Subpart 31.3." If the contract is
with a State or local government, modify the clause by deleting
from paragraph (a) the words "Subpart 31.2" and substituting for
them "Subpart 31.6,"
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52.216-08 Fixed-Fee (APR 1984).
As prescribed in FAR 16.307(b), insert the clause in solicitations
and contracts when a cost-plus-fixed-fee contract (other than a
facilities contract or a construction contract) is contemplated.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.216-09 Fixed Fee—Construction (APR 1984).
As prescribed in FAR 16.307(c), insert the clause in solicitations
and contracts when a cost-plus-fixed-fee construction contract is
contempiated.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.216-10 Incentive Fee (APR 1984).
As prescribed in FAR 16.307(d), insert the clause in solicitations
and contracts when a cost-plus-incentive-fee contract (other than a
facilities contract) is contemplated.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-11 Coat Contract—No Fee (APR 1984).
As prescribed in FAR 16.307(e), insert the clause in solicitations
and contracts when a cost-reimbursement contract is contemplated that
provides no fee and is not a cost-sharing contract or a facilities
contract. This clause may be modified by substituting "$10,000" in
lieu of "$100,000" as the maximum reserve in paragraph (b) if the
Contractor is a nonprofit organization.
ALTERNATE Z is to be used in a contract for research and development
with an educational institution or a nonprofit organization, for which
the Contracting Officer has determined that withholding of a portion of
allowble costs is not required.
This provision or clause and its Alternate(s) may be incorporated
into procurement documents by reference—see the FAR for the text.
52.216-12 Cost-Sharing Contract—No Fee (APR 1984).
As prescribed in FAR 16.307(f), insert the clause in solicitations
and contracts when a cost-sharing contract (other than a facilities
contract) is contemplated. This clause may be modified by substituting
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"$10,000" in lieu of "$100,000" as the maximum reserve in paragraph (b)
if the .contract is with a nonprofit organization.
ALTERNATE I is to be used in a contract for research and development
with an educational institution, for which the Contracting Officer has
determined that withholding of a portion of allowable cost is not
required.
This provision or clause and its Alternate(s) may be incorporated
into procurement documents by reference—see the FAR for the text.
52.216-15 Predetermined Indirect Cost Rates (APR 1984).
As prescribed in FAR 16.307(i), insert the clause in solicitations
and contracts when a cost-reimbursement research and development
contract with an educational institution is contemplated and
predetermined indirect cost rates are to be used. If the contract is a
facilities contract, modify paragraph (c) by deleting the words
"Subpart 31.3" and substituting for them "section 31.106."
This provision or clause may be incorporated into procurement
documents by reference--see the FAR for the text.
52.216-16 Incentive Price Revision—Firm Target (APR 1984).
As prescribed in FAR 16.405(a), insert the clause in solicitations
and contracts when a fixed-price incentive (firm target) contract is
contemplated. For items to be subject to incentive price revision,
show in the contract Schedule the target cost, target profit, and
target price for each item.
ALTERNATE I is to be used if the contract calls for supplies or
services to be ordered under a provisioning document or Government
option and the prices are to be subject to the incentive price revision
described in the basic clause.
This provision or clause and its Alternate(s) must be incorporated
into procurement documents in "Full Text." The provision or clause
also contains blanks which must be filled in when it is used in a
procurement document. See the FAR for the text.
52.216-17 Incentive Price Revision—Successive Targets (APR 1984).
As prescribed in FAR 16.405(b), insert the clause in solicitations
and contracts when a fixed-price incentive (successive target) contract
is contemplated. For items to be subject to incentive price revision,
show in the contract Schedule the target cost, initial target profit,
and initial target price for each item.
ALTERNATE I is to be used if the contract calls for supplies or
services to be ordered under a provisioning document or Government
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option and the prices are to be subject to the incentive price revision
described in the basic clause.
This provision or clause and its Alternate(s) must be incorporated
into procurement documents in "Full Text." The provision or clause
also contains blanks which must be filled in when it is used in a
procurement document. See the FAR for the text.
52.216-18 Ordering (APR 1984).
As prescribed in FAR 16.505(a), insert the clause in solicitations
and contracts when a definite-quantity contract* a requirements
contract, or an indefinite-quantity contract is contemplated.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-19 Delivery-Order Limitations (APR 1984).
As prescribed in FAR 16.505(b), insert a clause substantially the
same as in FAR in solicitations and contracts when a definite-quantity
contract, a requirements contract, or an indefinite-quantity contract
is contemplated.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-20 Definite Quantity (APR 1984).
As prescribed in FAR 16.50S(c), insert the clause in solicitations
and contracts when a definite-quantity contract is contemplated.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.210-21 Requirements (APR 1984).
As prescribed in FAR 16.505(d), insert the clause in solicitations
and contracts when a requirements contract is contemplated.
ALTERNATE I is to be used if the requirements contract is for
nonpersonal services and related supplies and covers estimated
requirements that exceed a specific Government activity's internal
capability to produce or perform.
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ALTERNATE II is to be used if the requirements contract includes
subsistence for both Government use and resale in the same Schedule,
and similar products may be acquired on a brand-name basis.
ALTERNATE III is to be used if the requirements contract involves a
partial small business or labor surplus area set-aside.
ALTERNATE IV is to be used if the contract includes subsistence for
both Government use and resale in the same Schedule and similar
products may be acquired on a brand-name basis and the contract also
involves a partial small business or labor surplus area set-aside.
This provision or clause and its Alternate(s) must be incorporated
into procurement documents in "Full Text." The provision or clause
also contains blanks which must be filled in when it is used in a
procurement document. See the FAR for the text.
52.216-22 Indefinite Quantity (APR 1984).
As prescribed in FAR 16.505(e), insert the clause in solicitations
and contracts when an indefinite-quantity contract is contemplated.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-23 Execution and Commencement of Work (APR 1984).
As prescribed in FAR 16.603-4(b)(1), insert the clause in
solicitations and contracts when a letter contract is contemplated,
except that it may be omitted from letter contracts awarded on SF 26.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-24 Limitation of Government Liability (APR 1984).
Aa prescribed in FAR 16.603-4(b)(2), insert the clause in
solicitations and contracts when a letter contract is contemplated.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-25 Contract Definitization (APR 1984).
As prescribed in FAR 16.603-4(b)(3), insert the clause in
solicitations and contracts when a letter contract is contemplated.
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If, at the time of entering into the Letter contract, the Contracting
Officer knows that the definitive contract will be based on adequate
price competition or will otherwise meet the criteria of FAR 15.804-3
for not requiring submission of cost or pricing data, the words "and
cost or pricing data" may be deleted from paragraph (a) of the clause.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.216-26 Payments of Allowable Costs Before Definitization (APR 1984).
As prescribed in FAR 16.603-4(c), insert the clause in solicitations
and contracts if a cost-reinbursenent definitive contract is
contemplated, unless the acquisition involves conversion, alteration,
or repair of ships.
This provision or clause may be incorporated into procurement
documents by reference—see the FAJt for the text.
1552.216-70 Award Fee.
As prescribed in 1516.405, insert the following contract clause in
cost-plus-award-fee contracts.
B.fl AWARD PEE (EPAAR 1552.216-70) (APR 1984)
The amount of award fee the Contractor earns, if any, is based on a
subjective evaluation by the Government of the quality of the Con-
tractor's performance in accordance with the award fee plan. The
Government will determine the amount of award fee every
months beginning The Fee Determination Official
(FDO) will unilaterally determine the amount of award fee. The FDO's
determination will be in writing to the Contractor and is not subject
to the "Disputes" clause. The Government may unilaterally change the
award fee plan at any time and will provide such changes in writing to
the Contractor prior to the beginning of the applicable evaluation
period. The Contractor may submit a voucher for the earned award fee.
Available award fee not earned during one period does not carry over to
subsequent periods.
(End of clause)
1552.216-71 Date of Incurrence of Cost.
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.
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B.It DATE OP INCURRENCE OP COST (EPAAR 1552.216-71) (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.
G.ft* ORDERING—BY DESIGNATED ORDERING OFFICERS (EPAAR 1552.216-72)
(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 an 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.
(e) Bach 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) Paragaphs (c), (d), and (e) of this clause apply only when
services are being ordered.
(End of clause)
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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.
B.*t FIXED RATES FOR SERVICES—INDEFINITE DELIVERY/INDEFINITE QUANTITY
CONTRACT (EPAAR 1552.216-73) (APR 1984)
The following fixed rates shall apply for payment purposes for the
duration of the contract.
Estimated
Personnel Skill Direct Labor
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 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)
BP52.216-130 Fixed Rates for Services—Time and Materials or Labor Hour
Contract.
Insert the following clause in time and materials and labor hour
contracts. The clause should be modified to reflect a base period and
one or more option periods when the contract contains options.
B.ftft FIXED RATES FOR. SERVICES—TIME AND MATERIALS OR LABOR HOUR
CONTRACT (EP52.216-130) (APR 1984).
The following fixed rates* inclusive of all indirect costs and
profit* shall apply for the duration of the contracts
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Personnel Skill Fixed
Classification Level Hourly Rate
(End of clause)
(Drafted by EPA, Procurement and Contracts Management Division)
EP52.216-140 Minimum and Maximum Amounts.
Insert the following clause in indefinite delivery/indefinite
quantity contracts. Minimum and maximum amounts can be expressed in
either dollars or quantitites of supplies or services. The clause may
be suitably modified for other types of indefinite delivery contracts.
B.I* MINIMUM AND MAXIMUM AMOUNTS (EP52.216-140) (AUG 1984)
During the period specified in the ORDERING clause (PAR 52.216-18),
the Government shall place orders totaling a minimum of The
amount of all orders shall not exceed
(End of clause)
EP52.216-150 Ceiling Price.
Insert the following clause in applicable time and materials or labor
hour contracts.
B.M CEILING PRICE (EP52.216-150) (APR 1984)
The ceiling price of this contract is $ The Contractor
shall not make expenditures or incur obligations in the performance of
this contract which exceed the ceiling price specified herein, except
at the Contractor's own risk.
(End of clause) (Derived from HPO, B210)
EP52.216-160 Consideration and Payment—Total Pixed Price.
Insert the following clause in fixed-price contracts where it is not
necessary to itemize prices and all work is to be performed for one
lump sum. The clause need not be used if the data is included in a
contract form.
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B.M CONSIDERATION AND PAYMENT—TOTAL FIXED PRICE (EP52.216-160) (APR
1984)
The fixed price of this contract is $ Payment will be made
upon delivery and acceptance of all required items.
(End of clause) (Derived from Acq Hdbk, 84)
EP52.216-170 Consideration and Payment—Itemized Fixed Prices.
Insert the following clause in fixed-price contracts where it is
necessary to itemize fixed-prices. The clause need not be used if the
data is included on the contract form (e.g.. Standard Forms 18 and 36
and Optional Forms 347 and 348).
B.M CONSIDERATION AND PAYMENT—ITEMIZED FIXED PRICES (EPS2.216-170)
(AUG 1984)
The fixed price of this contract is S Payment will be made
upon delivery and acceptance of the following required items:
Item Price
(End of clause)
EP52.216-175 Work To Be Performed and Contract Price—Construction or
A-B Contract.
Insert the following clause in construction or A-E contracts unless
the information and data is included on a contract form (e.g., Standard
Forms 252 and 1442 and Optional Forms 347 and 348).
B.It WORK TO BE PERFORMED AND CONTRACT PRICE—CONSTRUCTION OR A-E
CONTRACT (EP52.216-175) (APR 1984).
Item Description of Work To Be Performed Contract Price
(End of clause)
EP52.216-180 Estimated Cost.
Insert the following clause in cost-reimbursement contracts without
fees.
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B.tt ESTIMATED COST (EPS2.216-180) (APR 1984)
The estimated cost of this contract is $ There is no fixed
fee.
(End of clause) (Derived from Acq Hdbk, 86)
EP52.216-190 Estimated Coat and Fixed Pee.
Insert the following clause in cost-plus-fixed-fee contracts.
B.I* ESTIMATED COST AND FIXED PEE (EP52.216-190) (APR 1984)
The estimated cost of this contract is 9 The fixed fee is
$ The total estimated cost and fixed fee is $
(End of clause) (Derived from Acq Hdbk, a?)
EPS2.216-200 Estimated Cost, Base Pee and Award Pee.
Insert the following clause in all cost-plus-award fee contracts.
B.M ESTIMATED COST, BASE PEE AND AWARD PEE (EP52.216-200) (APR 1984)
(a) The estimated cost of this contract is $
(b) The base fee is $
(c) The award fee pool available for award for this contract is
(d) This contract will be modified to reflect the award fee awarded
as award fee determinations are made.
(End of clause) (Derived from Acq Hdbk, B8)
EPS2.216-205 Evaluation Quantities—Indefinite Delivery Solicitation.
Insert this provision in indefinite delivery solicitations including
those solicitations which contemplate the award of fixed rates for
services contracts. The provision may be modified to satisfy the needs
of specific procurements.
L.M EVALUATION QUANTITIES—INDEFINITE DELIVERY SOLICITATION
(BP52.216-205) (SEP 1984)
To evaluate offer for award purposes, the Government will apply your
proposed fixed-prices/rates to the estimated quantities included in the
solicitation (and add other direct costs, if applicable). The total
evaluated quantities (plus other direct costs) represent the maximum
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that may be ordered under a resulting contract. This estimate is not a
representation by the Government that the estimated quantities will be
required or ordered.
(End of provision)
52.217-03 Evaluation Exclusive of Options (APR 1984).
As prescribed in PAR 17.208(a), insert a provision substantially the
same as in the PAR in solicitations when the solicitation includes an
option clause and does not include one of the provisions prescribed in
PAR 17.208(b) or (c).
This provision or clause must be incorporated into procurement
documents in "Pull Text'—see the PAR for the text.
52.217-04 Evaluation of Options Exercised at Time of Contract Award
(APR 1984).
As prescribed in PAR 17.208(b), insert a provision substantially the
same as in PAR in solicitations when the solicitation includes an
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option clause and an opinion may be exercised at the time of contract
award.
This provision or clause must be incorporated into procurement
documents in "Full Text"--see the FAR for the text.
52.217-05 Evaluation of Options (APR 1984).
As prescribed in FAR 17.208(c)(1), insert a provision substantially
the same as in the FAR in solicitations when the solicitation contains
an option clause) an option is not to be exercised at the time of
contract award; a firm-fixed-price contract, a fixed-price contract
with economic price adjustment* or another type of contract as approved
under agency procedures is contemplated; and a determination has been
made as specified in FAR 17.206(a).
ALTERNATE I is to be used if all conditions specified in FAR
17.208(c)(l) apply, except that a fixed-price incentive contract is
contemplated, and the conditions specified in FAR 17.206(b) apply.
This provision or clause and its Alternate(s) must be incorporated
into procurement documents in "Full Text"—see the FAR for the text.
52.217-06 Option for Increased Quantity (APR 1984).
As prescribed in FAR 17.208(d), insert a clause substantially the
same as in the FAR in solicitations and contracts, other than those for
services, when the inclusion of an option is appropriate (see FAR
17.200 and 17.202) and the option quantity is expressed as a percentage
of the basic contract quantity or as an additional quantity of a
specific line item.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.217-07 Option for Increased Quantity—Separately Priced Line Item
(APR 1984).
As prescribed in FAR 17.208(e), insert a clause substantially the
same as in the FAR in solicitations and contracts, other than those for
services* when the inclusion of an option is appropriate (see FAR
17.200 and 17.202) and the option is identified as a separately priced
line ite» having the same nomenclature as a corresponding basic
contract line item.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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52.217-08 Option to Extend Services (APR 1984).
As prescribed in FAR 17.208(f), insert a clause substantially the
same as in the FAR in solicitations and contracts for services when the
inclusion of an option is appropriate (see FAR 17.200 and 17.202)
unless the conditions specified in FAR 17.208(g) apply.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.217-09 Option to Extend the Term of the Contract—Services (APR
1984).
As prescribed in FAR 17.208(g), insert a clause substantially the
same as in the FAR in solicitations and contracts for services when the
inclusion of an option is appropriate (see FAR 17.200 and 17.202) and
it is necessary to include in the contract a requirement that the
Government shall give the Contractor a preliminary written notice of
its intent to extend the contract/- a stipulation that an extension of
the contract includes an extension of the option, and/or a specified
limitation on the total duration of the contract.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
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.
M.## EVALUATION OF CONTRACT OPTIONS (EPAAR 1552.217-70) (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 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.
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H.M OPTION TO EXTEND THE TERM OF THE CONTRACT—COST-TYPE CONTRACT
(EFAAR 1552.217-71) (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 modifica-
tion. 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:
Option 1 Option J2
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 2E£i2£_i
(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.
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H.## OPTION TO EXTEND THE TERM OF THE CONTRACT—COST-PLUS-AWARD-FEE
.CONTRACT (EPAAR 1552.217-72) (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 modifica-
tion. 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 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:
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 I tea
(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.
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H.## OPTION FOR INCREASED QUANTITY—COST-TYPE CONTRACT (EPAAR
.1552.217-73) (APR 1984)
By issuing a contract modification, the Government may increase the
estimated level of effort by direct labor 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_Pariod °je,tion_l
Estimated Cost
Fixed Fee
Total
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.
(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.
H.#i OPTION FOR INCREASED QUANTITY—COST-PLUS-AWARD-FEE CONTRACT
(EPAAR 1552.217-74) (APR 1984)
By issuing a contract modification, the Government may increase the
estimated level of effort by direct labor 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:
Estimated Cost
Base Fee
Award Fee Pool
Total
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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.
(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.
H.## OPTION TO EXTEND THE EFFECTIVE PERIOD OF THE CONTRACT—TIME AND
MATERIALS OR LABOR HOUR CONTRACT (EPAAR 1552.217-75) (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. 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.
H.»t OPTION TO EXTEND THE EFFECTIVE PERIOD OF THE CONTRACT—INDEFINITE
DELIVERY/INDEFINITE QUANTITY CONTRACT (EPAAR 1552.217-76) (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)
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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 options are exercised, the "Minimum and Maximum Contract
Amount" clause will be modified to reflect new and separate minimuns 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)
52.219-01 Small Business Concern Representation (APR 1984).
As prescribed in FAR 19.304(a), insert the provision in solicitations
when the contract is to be performed inside the United States, its
territories or possessions, Puerto Rico, the Trust Territory of the
Pacific Islands, or the District or Columbia.
This provision or clause must be incorporated into procurement
documents in "Pull Text"—see the PAR for the text.
52.219-02 Small Oisadvantaged Business Concern Representation (APR
1984).
As prescribed in PAR 19.304(b), insert the provision in solicitations
(other than those for small purchases) when the contract is to be
performed inside the United States, its territories or possessions,
Puerto Rico, the Trust Territory of the Pacific Islands, or the
District or Columbia.
This provision or clause must be incorporated into procurement
documents in "Pull Text"—see the PAR for the text.
52.219-03 Women-Owned Small Business Representation (APR 1984).
As prescribed in PAR 19.304(c), insert the provision in solicitations
(other than those for small purchases) when the contract is to be
performed inside the United States, its territories or possessions,
Puerto Rico, the Trust Territory of the Pacific Islands, or the
District or Columbia.
This provision or clause must be incorporated into procurement
documents in "Pull Text"—see the PAR for the text.
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52.219-04 Notice of Small Business-Small Purchase Set-Aside (APR 1984).
As prescribed in FAR 19.508(a), insert the provision in each written
solicitation of quotations or offers to provide supplies and/or
services when (a) the contract is to be performed inside the United
States, its territories or possessions, Puerto Rico, the Trust
Territory of the Pacific Islands, or the District of Columbia, (b) the
contract amount is expected to be $10,000 or less, and (c) the
acquisition is subject to small purchase procedures; unless purchase on
an unrestricted basis is appropriate, as specified in FAR 13.105(d).
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.219-05 Notice of Total Small Business-Labor Surplus Area Set-Aside
(APR 1984).
As prescribed in FAR 19.508(b) and except for the Department of
Defense, insert the clause in solicitations and contracts involving
total small business-labor surplus area set-asides.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.219-06 Notice of Total Small Business Set-Aside (APR 1984).
As prescribed in FAR 19.508(c), insert the clause in solicitations
and contracts involving total small business set-asides.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.219-07 Notice of Partial Small Business Set-Aside (APR 1984).
As prescribed in FAR 19.508(d), insert the clause in solicitations
and contracts involving partial small business set-asides.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.219-08 Utilisation of Small Business Concerns and Small
Disadvantaged Business Concerns (APR 1984).
Aa prescribed in FAR 19.708(a), insert the clause in solicitations
and contracts when the contract amount is expected to be over $10,000,
unless—
(a) A personal services contract (see FAR 37.104) is contemplated; or
(b) The contract, together with all its subcontracts, is to be
performed entirely outside of any State, territory, or possession of
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the United States, the District of Columbia, and the Commonwealth of
Puerto Rico.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.219-09 Small Business and Small Disadvantaged Business
Subcontracting Plan (APR 1984).
As prescribed in FAR 19.708(b), when contracting by negotiation,
insert the clause in solicitations and contracts that (a) offer
subcontracting possibilities, (b) are expected to exceed $500,000
($1,000,000 for construction of any public facility), and (c) are
required to include the clause at FAR 52.219-8, Utilization of Small
Business Concerns and Small Oisadvantaged Business Concerns, unless the
acquisition has been set aside for small business or is to be
accomplished under the 8(a) program.
ALTERNATE I is to be used when contracting by formal advertising
rather than by negotiation.
This provision or clause and its Alternate(s) may be incorporated
into procurement documents by reference—see the FAR for the text.
52.219-10 Incentive Subcontracting Program for Small and Small
Oisadvantaged Business Concerns (APR 1984).
As prescribed in FAR 19.708(c) (1), the Contracting Officer may, when
contracting by negotiation, insert in solicitations and contracts a
clause substantially as in the FAR when a subcontracting plan is
required (see FAR 19.702(a)(2)), and inclusion of a monetary incentive
is, in the judgment of the Contracting Officer, necessary to increase
subcontracting opportunities for small and disadvantaged business
concerns, and is commensurate with the efficient and economical
performance of the contract, unless the condition in FAR 19.708(c)(3)
is applicable. The Contracting Officer may vary the terms of the
clause as specified in FAR 19.708(c)(2).
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.219-11 Special 8(a) Contract Conditions (APR 1984)
As prescribed in FAR 19.809-2(a), insert the clause in contracts
between the Small Business Administration (SBA) and a contracting
agency when the acquisition is accomplished using 8(a) procedures.
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This provision or clause must be incorporated into procurement
documents in 'Pull Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the PAR for the text.
52.219-12 Special 3(a) Subcontract Conditions (APR 1984).
AS prescribed in 19.809-2(b), insert the clause in contracts between
Snail Business Administration and its 8(a) subcontractors.
This provision or clause must be incorporated into procurement
documents in 'Pull Text.* The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the PAR for the text.
52.219-13 Utilization of Women-Owned Small Businesses (APR 1984).
As prescribed in PAR 19.902, insert the clause in solicitations and
contracts when the contract amount is expected to be over the small
purchase threshold* unless (a) the contract is to be performed entirely
outside the United States, its possessions, Puerto Rico, and the Trust
Territory of the Pacific Islands, or (b) a personal services contract
is contemplated.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
EP52.219-100 Set-Aside/Size Standard Information.
Insert this provision in all solicitations. Enter '0* (zero) in
paragraph (a) and 'None* in paragraph (b) if a set-aside is not being
used.
L.|» SET-ASIDE INPORMATION/SIZB STANDARD INFORMATION (EP52.219-100)
(AUG 1984)
This solicitation includes the following set-aside and/or size
standard criteria:
(a) Percent of the set-aside
(b) Type of set-aside:
(c) Size standard or other criteria
(End of provision) (New)
EP52.219-105 Subcontracting Program for Small Business and Small
Disadvantaged Business.
The following clause is to be used in contracts when a subcontracting
plan has been submitted by the Contractor pursuant to Public Law 95-507
Section 211.
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G.It SUBCONTRACTING PROGRAM FOR SMALL BUSINESS AND SMALL OISAOVANTAGED
BUSINESS (EPS2.219-105) (APR 1984)
The subcontracting plan submitted and approved by the Contracting
Officer for this requirements is incorporated as Attachment
(End of clause) (Derived from Acq Hdbk, G17)
EP52.219-120 Subcontracting Reports—Small Business and Small
Oisadvantaged Business Concerns.
The following clause shall be included in any contract Including
subcontracting goals. The clause can be modified to include copies
designated by the local EPA contract operations office.
G.tt SUBCONTRACTING REPORTS—SMALL BUSINESS AND SMALL OISADVANTAGEO
BUSINESS CONCERNS (EPS2.219-120) (APR 1984)
The Contractor shall submit a report for subcontracting under this
particular contract and a summary report on subcontracts in all
contracts between the Contractor and the EPA which contain subcontract
goals for awards to small business and small disadvantaged business
concerns.
The Contractor shall submit subcontracting reports on Standard Forms
294 and 295. The reports shall be submitted semi-annually and
quarterly respectively in accordance with the General Instructions on
the reverse side of the forms.
Copies of these reports shall be delivered to:
Distribution Addressee
1 original Contracting Officer
1 copy Socioeconomic Officer
Office of Small and Disadvantaged
Business Utilization (A-149)
401 M Street* S.ft.
Washington, D.C. 20460
(End of clause) (Derived from Acq Hdbk, G20)
EP52.219-125 Submission of Offerer's Small Business and Small
Disadvantaged Business Subcontracting Plan.
The following provision may be included in solicitation documents
when the clause, 'Small Business and Small Disadvantaged Business
Subcontracting Plan," (PAR 52.219-9) or its Alternate I is used. Enter
in the blank either "with their offer' or 'when requested by the
Contracting Officer with the best and final offer.'
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L.ft SUBMISSION OF OFFERER'S SMALL BUSINESS AND SMALL DISAOVANTAGEO
BUSINESS SUBCONTRACTING PLAN (EP52.216-125) (SEP 1984)
In accordance with the clause titled, 'Small Business and Small
Disadvantaged Business Subcontracting Plan,* (FAR 52.219-9) offerers
shall submit their plan
(End of provision)
52.220-01 Preference for Labor Surplus Area Concerns (APR 1984).
As prescribed in FAR 20.l03(b), insert the clause in solicitations
and contracts that (a) exceed the appropriate small purchase limitation
in FAR Part 13 and (b) are not set aside for labor surplus area
concerns.
This provision or clause must be incorporated into procurement
documents in 'Full Text'—see the FAR for the text.
52.220-02 Notice of Total Labor Surplus Area Set-Aside (APR 1984).
As prescribed in FAR 20.202, insert the clause in solicitations and
contracts estimated to exceed the appropriate small purchase limitation
in FAR Part 13 that are totally set aside for labor surplus area
concerns.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text*
52.220-03 Utilization of Labor Surplus Area Concerns (APR 1984).
As prescribed in FAR 20.302(a)f insert the clause in solicitations
and contracts when it is estimated that the contract will exceed the
appropriate small purchase limitation in FAR Part 13. See FAR
20.302(a)(1) through (2) for exceptions.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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52.220-04 Labor Surplus Area Subcontracting Program (APR 1984).
As prescribed in FAR 20.302(b), insert the clause in solicitations
and contracts that (a) may exceed $500,000, (b) contain the clause at
FAR 52.220-3, Utilization of Labor Surplus Area Concerns, and (c) in
the opinion of the Contracting Officer, offer substantial
subcontracting possibilities. In addition, the Contracting Officer
shall urge Contractors, that will receive negotiated contracts that may
not exceed $500,000 but that meet the criteria in (b) and (c) above, to
accept this clause.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.222-01 Notice to the Government of Labor Disputes (APR 1984).
As prescribed in FAR 22.103-5(a), insert the clause in solicitations
and contracts that involve programs or requirements that have been
designated under FAR 22.101-l(e).
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.222-02 Payment for Overtime Premiums (APR 1984).
As prescribed in FAR 22.103-5(b), insert the clause in solicitations
and contracts when a cost-reimbursement contract is contemplated and
the contract amount is expected to be over $100,000, unless (a) a
cost-reimbursement contract for operation of vessels is contemplated,
or (b) a cost-plus-incentive-fee contract that will provide a swing
from the target fee of at least "plus or minus 3 percent and a
Contractor's share of at least 10 percent is contemplated.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.222-03 Convict Later (APR 1984).
As prescribed in FAR 22.202, insert the clause in solicitations and
contracts when the contract is to be performed in any State, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, or the Trust Territory of the Pacific
Islands i unless—
(a) The contract will be subject to the Walsn-Healey Public Contracts
Act (see FAR Subpart 22.6), which contains a separate prohibition
against the employment of convict labori
(b) The supplies or services are to be purchased from Federal Prison
Industries, Inc. (see FAR Subpart 8.6)1 or
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(c) The acquisition involves the purchase, from any State prison, of
finished supplies that nay be secured in the open market or from
existing stocks, as distinguished from supplies requiring special
fabrication.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.222-19 Walsh-Healey Public Contracts Act Representation (APR 1984).
As prescribed in PAR 22.610(a), insert the clause in solicitations
that will result in contracts covered by the Act. If the solicitation
is a Request for Quotation, the terms "quoter" and "quote" may be
substituted for "offerer" and "offer."
This provision or clause must be incorporated into procurement
documents in "Pull Text"—see the PAR for the text.
52.222-20 Walsh-Healey Public Contracts Act (APR 1984).
As prescribed in PAR 22.610(b), insert the clause in solicitations
and contracts covered by the Act.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
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52.222-21 Certification of Nonsegregated Facilities (APR 1984).
As prescribed in FAR 22.810(a)(1), insert the provision in
solicitations when a contract is contemplated that will include the
clause at FAR 52.222-26, Equal Opportunity, and the contract amount is
expected to exceed $10,000.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.222-22 Previous Contracts and Compliance Reports (APR 1984).
As prescribed in FAR 22.810(a)(2), insert the provision in
solicitations when a contract is contemplated that will include the
clause at FAR 52.222-26, Equal Opportunity.
This provision or clause must be incorporated into procurement
documents in "Full Text"—see the FAR for the text.
52.222-23 Notice of Requirement for Affirmative Action to Ensure Equal
Employment Opportunity (APR 1984).
As prescribed in FAR 22.810(b), insert the provision in solicitations
for construction when a contract is contemplated that will include the
clause at FAR 52.222-26, Equal Opportunity, and the amount is expected
to be in excess of (10,000.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.222-24 Preaward On-Site Equal Opportunity Compliance Review (APR
1984).
As prescribed in FAR 22.810(c), insert the provision in solici-
tations, other than those for construction, when a contract is
contemplated that will include the clause at FAR 52.222-26, Equal
Opportunity, and the amount is expected to be for $1 million or more.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.222-25 Affirmative Action Compliance (APR 1984).
As prescribed in FAR 22.810(d), insert the provision in
solicitations, other than those for construction, when a contract is
contemplated that will include the clause at FAR 52.222-26, Equal
Opportunity.
This provision or clause must be incorporated into procurement
documents in "Full Text"—see the FAR for the text.
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52.222-26 Equal Opportunity (APR 1984).
As prescribed in FAR 22.810(e), insert the clause in solicitations
and contracts (see FAR 22.802) unless all of the terns of the clause
are exempt from the requirements of BO 11246 (see FAR 22.807(a».
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.222-26 Equal Opportunity (APR 1984). ALTERNATE I (APR 1984).
If one or more, but not all, of the terms of the Equal Opportunity
clause in FAR 52.222-26 are exempt from the requirements of EO 11246
(see FAR 22.807(a)), the Contracting Officer shall add the preamble to
the clause as specified in FAR.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
52.222-27 Affirmative Action Compliance Requirements for Construction
(APR 1984).
As prescribed in FAR 22.810(f), insert the clause in solicitations
and contracts for construction that will include the clause at FAR
52.222-26, Equal Opportunity, and the amount of the contract is
expected to be in excess of $10,000.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.222-28 Equal Opportunity Preaward Clearance of Subcontracts (APR
1984).
As prescribed in FAR 22.810(g), insert the clause in solicitations
and contracts when the amount of the contract is expected to be for $1
million or more and includes the clause prescribed in paragraphs (a),
(c), or (e) of FAR 44.204.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.222-35 Affirmative Action for Special Disabled and Vietnam Era
Veterans (APR 1984).
As prescribed in FAR 22.1308, insert the clause in solicitations and
contracts when the contract is for (10,000 or more or is expected to
amount to (10,000 or more (see FAR 22.1308(a) for exceptions).
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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52.222-35 Affirmative Action for Special Disabled and Vietnam Bra
Veterans (APR 1984). ALTERNATE I (APR 1984).
As prescribed in PAR 22.1308(b), if the agency head waives one or
more (but not all) of the terns of the Affirmative Action clause in PAR
52.222-35 in accordance with PAR 22.1303U) or 22.1303(b), add the
preamble to the clause as specified in PAR.
This provision or clause must be incorporated into procurement
documents in 'Pull Text.' The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the PAR for the text.
52.222-36 Affirmative Action for Bandicapped workers (APR 1984).
As prescribed in PAR 22.1408, insert the clause in solicitations and
contracts that exceed $2,500 or are expected to exceed 92,500. See PAR
22.1408(a) for exceptions.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.222-36 Affirmative Action for Handicapped Workers (APR 1984).
ALTERNATE I (APR 1984).
As prescribed in PAR 22.1408(b), when the agency head waives one or
more (but not all) of the terms of the Affirmative Action clause in PAR
52.222-36 in accordance with PAR 22.1403(a) or 22.1403(b), add the
preamble to the clause as specified in PAR.
This provision or clause must be incorporated into procurement
documents in 'Pull Text.* The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the PAR for the text.
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52.222-45 Notice of Compensation for Professional Employees (APR 1984).
As prescribed in PAR 22.1103, insert the provision in solicitations
for negotiated service contracts when the contract amount is expected
to exceed $250,000 and the service to be provided will require
meaningful numbers of professional employees.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text*
52.222-46 Evaluation of Compensation for Professional Employees (APR
1984).
As prescribed in PAR 22.1103, insert the provision in solicitations
for negotiated service contracts when the contract amount is expected
to exceed $250,000 and the service to be provided will require
meaningful numbers of professional employees.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
EP52.222-100 Contract Work Hours and Safety Standards Act—Overtime
Compensation (40 (l.s.C. 327-333).
Insert the following clause in any contract which may require or
involve the employment of laborers or mechanics either by a prime
contractor or subcontractor EXCEPT for:
(a) Construction contracts (but see EP52.222-140);
(b) Contracts of $2,500 or less;
(c) Contracts for the purchase of supplies or materials or articles
ordinarily available in the open market;
(d) Contracts for transportation by land, air, or water, or for the
transmission of intelligence;
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(e) Contracts under which work is to be performed solely within a
foreign country or within a territory under the jurisdiction of the
United States other than a State of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, Outer Continental Shelf
Lands defined in the Outer Continental Shelf Lands Act (43 U.S.C.
1331), American Samoa, Guam, Hake Island, Eniwetok Atoll, Kwajalein
Atoll, Johnston Island, and the Canal Zone;
(f) Contracts under which all work to be performed is subject to the
provisions of the Walsh-Healey Public Contracts Act;
(g) Any other contracts exempt under regulations of the Secretary of
Labor (29 CPU 5.14).
I.It CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—OVERTIME
COMPENSATION (40 U.S.C. 327-333) (EP52.222-100) (APR 1984)
This contract, to the extent that it is of a character specified in
the Contract work Hours and Safety Standards Act (40 U.S.C. 327-333),
is subject to the following provisions and to all other applicable
provisions and exceptions of such Act and the regulations of the
Secretary of Labor thereunder.
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 8 hours in any calendar day
or in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of 3 hours
in any calendar day or in excess of forty hours in such workweek,
whichever is greater.
(b) Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the provisions set forth in paragraph (a)
of this clause, the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
Contractor and subcontractor shall be liable to the United States (in
case of work done under contract for the District of Columbia or a
territory, to such District or to such territory), for liquidated
damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards,
employed in violation of the provisions set forth in paragraph (a) of
this clause in the sum of S10 for each calendar day for which such
individual was required or permitted to work in excess of 8 hours or in
excess of the standard workweek of 40 hours without payment of the
overtime wages required by provisions set forth in paragraph (a) of
this clause.
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(c) Withholding for unpaid wages and liquidated damages. The
Contracting Officer shall upon his/her own action or upon written
request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such
contract or any other Federal contract with the same Prime Contractor,
or any other Federally-assisted contract subject to the Contract work
Hours and Safety Standards Act, which is held by the same Prime
Contractor such sums as may be determined to be necessary to satisfy
any liabilities of such Contractor or subcontractor for unpaid wages
and liquidated damages as provided in the provisions set forth in
paragraph (b) of this clause.
(d) Subcontracts. The Contractor or subcontractor shall insert in
any subcontracts the provisions set forth in paragraphs (a) through (d)
of this clause and also a clause requiring the subcontractors to
include these provisions in any lower tier subcontracts. The Prime
Contractor shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the provisions set forth in paragraphs
(a) through (d) of this clause.
(End of clause)
EP52.222-110 Contract Work Hours and Safety Standards Act—Overtime
Compensation—Firefighters and Fireguards.
Insert the following clause in addition to the clause in EPS2.222-100
when firefighters or fireguards are to be employed under applicable
contracts.
1.11 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—OVERTIME
COMPENSATION—FIREFIGHTERS AND FIREGUARDS (BPS2.222-110) (APR
1984)
A workday consisting of a fixed and recurring 24-hour period
commencing at the same time on each calendar day may be used instead of
the calendar day in applying the daily overtime provisions of the Act
to the employment of firefighters or fireguards if:
(a) The employment is under a platoon system requiring these
employees to remain in excess of 8 hours per day at their post of duty
in a standby or on-call statust
(b) The use of the alternate 24-hour day was agreed upon between the
employer and employees or their authorized representatives before
performance of the work; and
(c) In applying the daily and weekly overtime requirements of the Act
in any partic 'ar workweek of any employee whose established workweek
begins at a time of the calendar day different from the time when the
agreed 24-hour day commences* the hours worked in excess of 8 hours in
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any 24-hour day ace counted in the established workweek (of 168 hours
commencing at the same time each week) in which hours are actually
worked.
(End of clause)
EP52.222-120 Payrolls and Basic Records.
Insert the following clause in addition to the clause in EP52.222-100
in any contract subject only to the Contract Work Hours and Safety
Standards Act and not to any of the other statutes cited in 29 CPR S.I
(also see 29 CPR S.5(c)).
I.tl PAYROLLS AND BASIC RECORDS (EP52.222-120) (APR 1984)
(a) The Contractor or subcontractor shall maintain payrolls and basic
payroll records during the course of the contract wock and shall
preserve them for a period of 'three years from the completion of the
contract for all laborers and mechanics, including guards and watchmen,
working on the contract. Such records shall contain the name and
address of each such employee, social security number, correct
classification, hourly rates of wages paid, daily and weekly number of
hours worked, deductions made, and actual wages paid.
(b) The records to be maintained under paragraph (a) of this clause
shall be made available by the Contractor or subcontractor for
inspection, copying, or transcription by the Contracting Officer or the
Department of Labor or their authorized representatives. The
Contractor and subcontractors will permit such representatives to
interview employees during working hours on the job.
(c) The Contractor shall insert paragraphs (a) through (c) of this
clause in all subcontracts, and shall require their inclusion in all
subcontracts of any tier.
(End of clause)
EP52.222-130 Davis-Bacon Act (40 O.S.C. 276a-276a-7).
Insert the following clause in every construction contract in excess
of $2,000 for work within the United States.
X.tt DAVIS-BACON ACT (40 O.S.C. 276a-276a-7) (EP52.222-130) (APR 1984)
(a) All laborers and mechanics employed or working upon the site of
the work (or under the United States Housing Act of 1937 or under the
Housing Act of 1949 in the construction or development of the project),
will be paid unconditionally and not less often than once a week, and
without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CPR Part 3)), the full
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amount of wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is
attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the Contractor and
such laborers and mechanics. Contributions made or costs reasonably
anticipated for bona fide fringe benefits under section Kb) (2) of the
Davis-Bacon Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions of
paragraph (d) of this clause; also, regular contributions made or costs
incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular
weeky period, are deemed to be constructively made or incurred during
such weekly period. Such laborers and mechanics shall be paid the
appropriate wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to skill,
except as provided in the clause entitled 'Apprentices and Trainees.*
Laborers or mechanics performing work in more than one classification
may be compensated at the rate specified for each classification for
the time actually worked therein: provided, that the employer's
payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination
(including any additional classification and wage rates conformed under
paragraph (b) of this clause) and the Davis-Bacon poster (HH-1321)
shall be posted at all times by the Contractor and its subcontractors
at the site of the work in a prominent and accessible place where it
can be easily seen by the workers.
(b) (1) The Contracting Officer shall require that any class of
laborers or mechanics which is not listed in the wage determination and
which is to be employed under the contract shall be classified in
conformance with the wage determination. The Contracting Officer shall
approve an additional classification and wage rate and fringe benefits
therefor only when the following criteria have been met:
(i) The work to be performed by the classification requested is not
performed by a classification in the wage determination; and
(ii) The classification is utilized in the area by the construction
industry; and
(iii) The proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates contained
in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed
in the classification (if known), or their representatives, and the
Contracting Officer agree on the classification and wage rate
(including the amount designated for fringe benefits where
appropriate), a report of the action taken shall be sent by the
Contracting Officer to the Administrator of the Wage and Hour Division,
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U.S. ENVIRONMENTAL PROTECTION AGENCY
Employment Standards Administration, U.S. Department of Labor*
Washington, DC 20210. The Administrator of the Wage and Hour Division,
or an authorized representative, will approve, modify, or disapprove
every additional classification action within 30 days of receipt and so
advise the Contracting Officer or will notify the Contracting Officer
within the 30-day period that additional time is necessary.
(3) In the event the Contractor, the laborers or mechanics to be
employed in the classification or their representatives, and the
Contracting Officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where
appropriate), the Contracting Officer shall refer the questions,
including the views of all interested parties and the recommendation of
the Contracting Officer, to the Administrator for determination. The
Administrator of the Wage and Hour Division, or an authorized
representative, will issue a determination within 30 days of receipt
and so advise the Contracting Officer or will notify the Contracting
Officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits where appropriate)
determined pursuant to subparagraphs (b)(2) or (b)(3) of this clause,
shall be paid to all workers performing work in the classification
under this contract from the first day on which work is performed in
the classification.
(c) Whenever the minimum wage rate prescribed in the contract for a
class of laborers or mechanics includes a fringe benefit which is not
expressed as an hourly rate, the Contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona
fide fringe benefit or an hourly cash equivalent thereof.
(d) If the Contractor does not make payments to a trustee or other
third person, the Contractor may consider as part of the wages of any
laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program. Provided,
that the Secretary of Labor has found, upon the written request of the
Contractor, that applicable standards of the Davis-Bacon Act have been
met. The Secretary of Labor may require the Contractor to set aside in
a separate account assets for the meeting of obligations under the plan
or program.
(e) Paragraphs (a) through (d) of the clause shall apply to this
contract to the extent that it is (1) a prime contract with the
Government subject to the Davis-Bacon Act, or (2) a subcontract also
subject to the Davis-Bacon Act under such prime contract.
(End of clause)
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EPS2.222-140 Contract Work Hours and Safety Standards Act—Overtime
Compensation (Construction) (40 U.S.C. 327-333).
Insert the following clause in every construction contract in excess
of $2,000 for work within the United States.
I.M CONTRACT WORK HOURS AND SAFETY STANDARDS ACT—OVERTIME
COMPENSATION (CONSTRUCTION) (40 U.S.C. 327-333) (EPS2.222-140)
(APR 1984)
This contract is subject to the Contract Work Hours and Safety
Standards Act and to the applicable rules, regulations* and
interpretations of the Secretary of Labor.
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require or
involve the employment of laborers or mechanics shall require or permit
any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of 3 hours in any calendar day
or in excess of forty hours in such workweek unless such laborer or
mechanic receives compensation at a rate not less than one and one-half
times the basic rate of pay for all hours worked in excess of 8 hours
in any calendar day or in excess of forty hours in such workweek,
whichever is greater.
(b) Violation; liability for unpaid wages; liquidated damages. In
the event of any violation of the provisions set forth in paragraph (a)
of this clause, the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such
Contractor and subcontractor shall be liable to the United States (in
the case of work done under contract for the District of Columbia or a
territory, to such District or to such territory) for liquidated
damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards,
employed in violation of the provisions set forth in paragraph (a) of
this clause, in the sum of $10 for each calendar day for which such
individual was required or permitted to work in excess of 8 hours or in
excess of the standard workweek of'40 hours without payment of the
overtime wages required by provisions set forth in paragraph (a) of
this clause.
(c) Withholding for unpaid wages and liquidated damages. The
Contracting Officer shall upon his/her own action or upon written
request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of
work performed by the Contractor or subcontractor under any such
contract or any other Federal contract with the same Prime Contractor,
or any other Federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act which is held by the same Prime
Contractor, such sums as may. be determined to be necessary to satisfy
any liabilities of such Contractor or subcontractor for unpaid wages
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U.S. ENVIRONMENTAL PROTECTION AGENCY
and liquidated damages as provided in the provisions sec forth in
paragraph (b) of this clause.
(d) Subcontracts. The Contractor or subcontractor shall insert in
any subcontracts the provisions set forth in paragraphs (a) through (d)
of this clause and also a clause requiring the subcontractors to
include these provisions in any lower tier subcontracts. The Prime
Contractor-shall be responsible for compliance by any subcontractor or
lower tier subcontractor with the provisions set forth in paragraphs
(a) through (d) of this clause.
(End of clause)
EP52.222-150 Apprentices and Trainees.
Insert the following clause in every construction contract in excess
of $2,000 for work within the United States.
I.It APPRENTICES AND TRAINEES (EP52.222-150) (APR 1984)
(a) Apprentices. Apprentices will be permitted to work at less than
the predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but who has
been certified by the Bureau of Apprenticeship and Training or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice. The allowable ratio of
apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the Contractor as to
the entire work force under the registered program. Any worker listed
on a payroll at an apprentice wage rate, who is not registered or
otherwise employed as stated above shall be paid not less than the
applicable wage rate on the wage determination for the classification
of work actually performed. In addition, any apprentice performing
work on the job site in excess of the ratio permitted under the
registered program shall be paid not less than the applicable wage rate
on the wag* determination for the work actually performed. Where a
Contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in
the Contractor's or subcontractor's registered program shall be
observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly rate
specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the
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U.S. ENVIRONMENTAL PROTECTION AGENCY
apprenticeship program. If the apprenticeship program does not specify
fringe benefits, apprentices must be paid the full amount of fringe
benefits listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification, fringes
shall be paid in accordance with that determination. In the event the
Bureau of Apprenticeship and Training, or a State Apprenticeship Agency
recognized by the Bureau, withdraws approval of an apprenticeship
program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(b) Trainees. Except as provided in 29 CFR S.16, trainees will not
be permitted to work at less than the predetermined rate for the work
performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by
formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by
the Employment and Training Administration. Every trainee must be paid
at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination.
Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for less than full
fringe benefits for apprentices. Any employee listed on the payroll at
a trainee rate who is not registered and participating in a training
plan approved by the Employment and Training Administration shall be
paid not less than the applicable wage rate on the wage determination
for the classification of work actually performed. In addition, any
trainee performing work on the job site in excess of the ratio
permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination of the work actually
peformed. In the event the Employment and Training Administration
withdraws approval of a training program, the Contractor will no longer
be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program
is approved.
(c) Equal employment opportunity. The utilization of apprentices,
trainees and journeymen under this part shall be in conformity with the
equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
(End of clause)
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EPS2.222-160 Payrolls and Basic Records (Construction).
Insert the following clause in every construction contract in excess
of $2,000 for work within the United States.
I.II PAYROLLS AND BASIC RECORDS (CONSTRUCTION) (EP52.222-160) (APR
1984)
(a) Payrolls and basic records relating thereto shall be maintained
by the Contractor during the course of the work and preserved for a
period of 3 years thereafter for all laborers and mechanics working at
the site of the work (or under the United States Housing Act of 1937,
or under the Housing Act of 1949, in the construction or development of
the project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification,
hourly rates of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents thereof
of the types described in section l(b)(2)(B) of the Davis-Bacon Act),
daily and weekly number of hours worked, deductions made and actual
wages paid. Whenever the Secretary of Labor has found under paragraph
(d) of the clause entitled 'Davis-Bacon Act* that the wages of any
laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in
section l(b)(2)(B) of the Davis-Bacon Act, the Contractor shall
maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in
writing to the laborers or mechanics affected, and records which show
the costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under approved
programs shall maintain written evidence of the registration of
apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(b) (1) The Contractor shall submit weekly for each week in which any
contract work is performed a copy of all payrolls to the Contracting
Officer if the agency is a party to the contract, but if the agency is
not such a party, the Contractor will submit the payrolls to the
applicant, sponsor, or owner, as the case may be, for transmission to
the Contracting Officer. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under paragraph (a) of this clause. The information may be
submitted in any form desired. Optional Porm WH-347 is available for
this purpose and may be purchased from the Superintendent of Documents,
Government Printing Office. The Contractor is responsible for the
submission of copies of payrolls by all subcontractors.
(2) Each payroll submitted shall be accompanied by a "Statement of
Compliance,* signed by the Contractor or subcontractor or his or her
agent who pays or supervises the payment of the persons employed under
the contract and shall certify the following:
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(i) That the payroll for the payroll period contains the information
required to be maintained under paragraph (a) of this clause entitled
•Payrolls and Basic Records* and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each helper,
apprentice, and trainee) employed on the contract during the payroll
period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR Part 3;
(iii) That each laborer or mechanic has been paid not less than the
applicable wage rates and fringe benefits or case equivalents for the
classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set
forth on the reverse side of Optional Form WH-347 shall satisfy the
requirement for submission of the 'Statement of Compliance* required by
paragraph (b)(2) of this clause.
(4) The falsification of any of the above certifications may subject
the Contractor or subcontractor to civil or criminal prosecution under
Section 1001 of Title 18 and Section 231 of Title 31 of the United
States Code.
(c) The Contractor or subcontractor shall make the records required
under paragraph (a) of this clause available for inspection, copying,
or transcription by the Contracting Officer or the Department of Labor
or their authorized representatives. The Contractor and subcontractors
shall permit such representatives to interview employees during working
hours on the job. If the Contractor or subcontractor fails to submit
the required records or to make them available, the Contracting Officer
nay, after written notice to the Contractor, take such action as may be
necessary to cause the suspension of any further payment, advance, or
guarantee of funds. furthermore, failure to submit the required
records upon request or to make such records available may be grounds
for debarment action pursuant to 29 CFR 5.12.
(End of clause)
EPS2.222-170 Compliance with Copeland Act Requirement.
Insert the following clause in every construction contract in excess
of $2,000 for work within the United States.
I.tt COMPLIANCE WITH COPELAND ACT REQUIREMENT (EPS2.222-170) (APR 1984)
The Contractor shall comply with the requirements of 29 CFR Part 3,
which are incorporated by reference in this contract.
(End of clause)
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U.S. ENVIRONMENTAL PROTECTION AGENCY
BP52.222-180 Withholding.
Insert the following clause in every construction contract in excess
of $2,000 for work within the United States.
I.I* WITHHOLDING (EP52.222-180) (APR 1934)
The Contracting Officer shall upon his/her own action or upon written
request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the Contractor under this
contract or any other ?ederal contract with the same Prime Contractor,
or any other Federally-assisted contract subject to Davis-Bacon
prevailing wage requirements which is held by the same Prime
Contractor, so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including
apprentices, trainees, and helpers employed by the Contractor or any
subcontractor the full amount of wages required by the contract. In
the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the
work (or under the United States Housing Act of 1937 or under the
Bousing Act of 1949 in the construction or development of the project),
all or part of the wages required by the contract, the Contracting
Officer may, after written notice to the Prime Contractor, sponsor,
applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds until
such violations have ceased.
(End of clause)
EP52.222-190 Subcontracts (Construction).
Insert the following clause in every construction contract in excess
of $2,000 for work within the United States.
I.M SUBCONTRACTS (CONSTRUCTION) (EPS2.222-190) (APR 1984)
The Contractor or subcontractor shall insert in any subcontracts the
clauses entitled 'Davis-Bacon Act,' 'Contract Work Hours and Safety
Standards Act—Overtime Compensation,' 'Apprentices and Trainees,'
•Payrolls and Basic Records,' 'Compliance with Copeland Act
Requirements,' 'Withholding,' 'Subcontracts,' 'Contract Termination-
Debarment,* 'Disputes Concerning Labor Standards,' 'Compliance with
Davis-Bacon and Related Act Requirements,' and "Certification of
Eligibility,' and such other clauses as the Contracting Officer may by
appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The Prime Contractor shall be responsible for compliance
by any subcontractor or lower tier subcontractor with all the contract
clauses cited above.
(End of clause)
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EP52.222-200 Contract Termination! Oebarment.
Insect the following clause in every construction contract in excess
of $2,000 for work within the United States.
I.** CONTRACT TERMINATION; DEBARMENT (EP52.222-200) (APR 1984)
A breach of the contract clauses entitled 'Davis-Bacon Act,"
•Contract Work Hours and Safety Standards Act—Overtime Compensation,*
•Apprentices and Trainees,* 'Payrolls and Basic Records,* 'Compliance
with Copeland Act Requirements,' 'Subcontracts,' 'Compliance with
Davis-Bacon and Related Act Requirements,' and 'Certification of
Eligibility,' may be grounds for termination of the contract, and for
debarment as a Contractor and a subcontractor as provided in 29 CPR
5.12.
(End of clause)
SP52.222-210 Disputes Concerning Labor Standards.
Insert the following clause in every construction contract in excess
of $2,000 for work within the United States.
I.II DISPUTES CONCERNING LABOR STANDARDS (EPS2.222-210) (APR 1984)
Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the
procedures of the Department of Labor set forth in 29 CPR Parts 5, 6,
and 7. Disputes within the meaning of this clause include disputes
between the Contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the employees or
their representatives.
(End of clause)
BPS2.222-220 Compliance with Davis-Bacon and Related Act Requirements.
Insert the following clause in every construction contract in excess
of $2,000 for work within the United States.
I.II COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS
(BPS2.222-220) (APR 1984)
All rulings and interpretations of the Davis-Bacon and Related Acts
contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by
reference in this contract.
(End of clause)
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EP52.222-230 Certification of Eligibility.
Insert the following clause in every construction contract in excess
of $2,000 for work within the United States.
I.It CERTIFICATION OP ELIGIBILITY (BP52.222-230) (APR 1984)
(a) ay entering into this contract, the Contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest
in the Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis-Bacon Act
or 29 C?R S.12(a)(l).
(b) No part of this contract shall be subcontracted to any person or
firm inelgible for award of a Government contract by virtue of section
3(a) of the Davis-Bacon Act or 29 CPR S.12(a)(l).
(c) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
(End of provision)
EP52.222-240 Service Contract Act of 1965.
Insert the following clause in every contract in excess of $2,500
where the principal purpose is to furnish services through the use of
service employees.
I.It SERVICE CONTRACT ACT OP 1965 (EPS2.222-240) (APR 1984)
(a) Service Contract Act of 1965, as amended: This contract is
subject to the Service Contract Act of 1965, as amended (41 O.S.C. 351
et seq.) and is subject to the following provisions and to all other
applicable provisions of the Act and regulations of the Secretary of
Labor issued thereunder (29 CPR Part 4).
(b) (1) Bach service employee employed in the performance of this
contract by the Contractor or any subcontractor shall be paid not less
than the minimum monetary wages and shall be furnished fringe benefits
in accordance with the wages and fringe benefits determined by the
Secretary of Labor or authorized representative, as specified in any
wage determination attached to this contract.
(2) (i) If there is such a wage determination attached to this
contract, the Contracting Officer shall require that any class of
service employee which is not listed therein and which is to be
employed under the contract (i.e., the work to be performed is not
performed by any classification listed in the wage determination), be
classified by the Contractor so as to provide a reasonable relationship
(i.e., appropriate level of skill comparison) between such unlisted
classifications and the classifications listed in the wage
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U.S. ENVIRONMENTAL PROTECTION AGENCY
determination. Such conformed class of employees shall be paid the
monetary wages and furnished the fringe benefits as are determined
pursuant to the procedures in this section. (The information
collection requirements contained in the following paragraphs of this
section have been approved by the Office of Management and Budget under
OMB control number 1215-0150).
(ii) Such conforming procedure shall be initiated by the Contractor
prior to the performance of contract work by such unlisted class of
employee. A written report of the proposed conforming action/
including information regarding the agreement or disagreement of the
authorized representative of the employees involved or, where there is
no authorized representative, the employees themselves, shall be
submitted by the Contractor to the Contracting Officer no later than 30
days after such unlisted class of employees performs any contract
work. The Contracting Officer shall review the proposed action and
promptly submit a report of the action, together with the agency's
recommendation and all pertinent information including the position of
the Contractor and the employees, to the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, for
review. The Wage and Hour Division will approve, modify, or disapprove
the action or render a final determination in the event of disagreement
within 30 days of receipt or will notify the Contracting Officer within
30 days of receipt that additional time is necessary.
(iii) The final determination of the conformance action by the Wage
and Hour Division shall be transmitted to the Contracting Officer who
shall promptly notify the Contractor of the action taken. Each
affected employee shall be furnished by the Contractor with a written
copy of such determination or it shall be posted as a part of the wage
determination.
(iv) (A) The process of establishing wage and fringe benefit rates
that bear a reasonable relationship to those listed in a wage
determination cannot be reduced to any single formula. The approach
used may vary from wage determination to wage determination depending
on the circumstances. Standard wage and salary administration
practices which rank various job classifications by pay grade pursuant
to point schemes or other job factors may, for example, be relied
upon. Guidance may also be obtained from the way different jobs are
rated under Federal pay systems (Federal wage Board Pay System and the
General Schedule) or from other wage determinations issued in the same
locality. Basic to the establishment of any conformable wage rate(s)
is the concept that a pay relationship should be maintained between job
classifications based on the skill required and the duties performed.
(B) In the case of a contract modification, an exercise of an option
or extension of an existing contract, or in any other case where a
Contractor succeeds a contract under which the classification in
question was previously conformed pursuant to this section, a new
conformed wage rate and fringe benefits may be assigned to such
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conformed classification by indexing (i.e., adjusting) the previous
conformed rate and Cringe benefits by an amount equal to the average
(mean) percentage increase (or decrease, where appropriate) between the
wages and fringe benefits specified for all classifications to be used
on the contract which are listed in the currant wage determination, and
those specified for the corresponding classifications in the previously
applicable wage determination. Where conforming actions are
accomplished in accordance with this paragraph prior to the performance
of contract work by the unlisted class of employees, the Contractor
shall advise the Contracting Officer of the action taken but the other
procedures in paragraph (b)(2)(ii) of this section need not be followed.
(C) No employee engaged in performing work on this contract shall in
any event be paid less than the currently applicable minimum wage
specified under section 6(a)(l) of the Pair Labor Standards Act of
1938, as amended.
(v) The wage rate and fringe benefits finally determined pursuant to
paragraphs (b)(2)(i) and (ii) of this section shall be paid to all
employees performing in the classification from the first day on which
contract work is performed by them in the classification. Failure to
pay such unlisted employees the compensation agreed upon by the
interested parties and/or finally determined by the Wage and Hour
Division retroactive to the date such class of employees commenced
contract work shall be a violation of the Act and this contract.
(vi) Upon discovery of failure to comply with paragraphs (b)(2)(i)
through (v) of this section, the Wage and Hour Division shall make a
final determination of conformed classification, wage rate, and/or
fringe benefits which shall be retroactive to the date such class of
employees commenced contract work.
(3) If, as authorized pursuant to section 4(d) of the Service
Contract Act of 1963 as amended, the term of this contract is more than
1 year, the minimum monetary wages and fringe benefits required to be
paid or furnished thereunder to service employees shall be subject to
adjustment after 1 year and not less often than once every 2 years,
pursuant to wage determinations to be issued by the Wage and Hour
Division, Employment Standards Administration of the Department of
Labor as provided in such Act.
(c) The Contractor or subcontractor may discharge the obligation to
furnish fringe benefits specified in the attachment or determined
conformably thereto by furnishing any equivalent combinations of bona
fide fringe benefits, or by making equivalent or differential payments
In cash in accordance with the applicable rules set forth in Subpart D
of 29 CFR Part 4, and not otherwise.
(d) (1) In the absence of a minimum wage attachment for this
contract, neither the Contractor nor any subcontractor under this
contract shall pay any person performing work under the contract
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(regardless of whether they ace service employees) less than the
minimum wage specified by section 6(a)(l) of the Fair Labor Standards
Act of 1938. Nothing in this provision shall relieve the Contractor or
any subcontractor of any other obligation under law or contract for the
payment of a higher wage to any employee.
(2) If this contract succeeds a contract, subject to the Service
Contract Act of 1965 as amended, under which substantially the same
services were furnished in the sane locality and service employees were
paid wages and fringe benefits provided for in a collective bargaining
agreement, in the absence of the minimum wage attachment for this
contract setting forth such collectively bargained wage rates and
fringe benefits, neither the Contractor nor any subcontractor under
this contract shall pay any service employee performing any of the
contract work (regardless of whether or not such employee was employed
under the predecessor contract), less than the wages and fringe
benefits provided for in such collective bargaining agreements, to
which such employee would have been entitled if employed under the
predecessor contract, including accrued wages and fringe benefits and
any prospective increases in wages and fringe benefits provided for
under such agreement. No Contractor or subcontractor under this
contract may be relieved of the foregoing obligation unless the
limitations of S 4.10(b) of 29 CFR Part 4 apply or unless the Secretary
of Labor or his authorized representative finds, after a hearing as
provided in S 4.10 of 29 CPR Part 4 that the wages and/or fringe
benefits provided for in such agreement are substantially at variance
with those which prevail for services of a character similar in the
locality, or determines, as provided in S 4.11 of 29 CPR Part 4, that
the collective bargaining agreement applicable to service employees
employed under the predecessor contract was not entered into as a
result of arms'-length negotiations. Where it is found in accordance
with the review procedures provided in 29 CPR 4.10 and/or 4.11 and
Parts 6 and 8 that some or all of the wages and/or fringe benefits
contained in a predecessor Contractor's collective bargaining agreement
are substantially at variance with those which prevail for services of
a character similar in the locality, and/or that the collective
bargaining agreement applicable to service employees employed under the
predecessor contract waa not entered into aa a result of arm's-length
negotiations, the Department will issue a new or revised wage
determination setting forth the applicable wage rates and fringe
benefits. Such determination shall be made part of the contract or
subcontract, in accordance with the decision of the Administrator, the
Administrative Law Judge, or the Board of Service Contract Appeals, as
the case may be, irrespective of whether such issuance occurs prior to
or after the award of a contract or subcontract. S3 Comp. Gen. 401
(1973). In the case of a wage determination issued solely as a result
of a finding of substantial variance, such determination shall be
effective aa of the date of the final administrative decision.
(e) The Contractor and any subcontractor under this contract shall
notify each service employee commencing work on this contract of the
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mininniffl monetary wage and any fringe benefits required to be paid
pursuant to this contract, or shall post the wage determination
attached to this contract. The poster provided by the Department of
Labor (Publication WE 1313) shall be posted in a prominent and
accessible place at the worksite. Failure to comply with this
requirement is a violation of section 2(a)(4) of the Act and of this
contract. (Approved by the Office of Management and Budget under OMB
control number 1215-0150.)
(f) The Contractor or subcontractor shall not permit any part of the
services called for by this contract to be performed in buildings or
surroundings or under working conditions provided by or under the
control or supervision of the Contractor or subcontractor which are
unsanitary or hazardous or dangerous to the health or safety of service
employees engaged to furnish these services, and the Contractor or
subcontractor shall comply with the safety and health standards applied
under 29 era Part 1925.
(g) (1) The Contractor and each subcontractor performing work subject
to the Act shall make and maintain for 3 years from the completion of
the work records containing the information specified in paragraphs
(g)(l)(i) through (vi) of this section for each employee subject to the
Act and shall make them available for inspection and transcription by
authorized representatives of the Wage and Hour Division, Employment
Standards Administration of the O.S. Department of Labor. (Sections
4.6(g)(l)(i) through (iv) approved by the Office of Management and
Budget under OMB control number 1215-0017 and sections 4.6(g)(l)(v) and
(vi) approved under OMB control number 1215-0150.):
(i) Name and address and social security number of each employee.
(ii) The correct work classification or classifications, rate or
rates of monetary wages paid and fringe benefits provided, rate or
rates of fringe benefit payments in lieu thereof, and total daily and
weekly compensation of each employee.
(iii) The number of daily and weekly hours so worked by each employee.
(iv) Any deductions, rebates, or refunds from the total daily or
weekly compensation of each employee.
(v) A list of monetary wages and fringe benefits for those classes of
service employees not included in the wage determination attached to
this contract but for which such wage rates or fringe benefits have
been determined by the interested parties or by the Administrator or
authorized representative pursuant to the labor standards clause in
paragraph (b) of this section. A copy of the report required by the
clause in paragraph (b)(2)(ii) of this section shall be deemed to be
such a list.
(vi) Any list of the predecessor Contractor's employees which had
been furnished to the Contractor pursuant to S 4.6(1)(2).
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(2) The Contractor shall also make available a copy of this contract
for inspection or transcription by authorized representatives of the
Wage and Hour Division.
(3) Failure to make and maintain or to make available such records
for inspection and transcription shall be a violation of the
regulations and this contract, and in the case of failure to produce
such records, the Contracting Officer, upon direction of the Department
of Labor and notification of the Contractor, shall take action to cause
suspension of any further payment or advance of funds until such
violation ceases.
(4) The Contractor shall permit authorized representatives of the
Wage and Hour Division to conduct interviews with employees at the
worksite during normal working hours.
(h) The Contractor shall unconditionally pay to each employee subject
to the Act all wages due free and clear and without subsequent
deduction (except as otherwise provided by law or Regulations, 29 CPR
Part 4), rebate, or kickback on any account. Such payments shall be
made no later than one pay period following the end of the regular pay
period in which such wages were earned or accrued. A pay period under
this Act may not be of any duration longer than semimonthly.
(i) The Contracting Officer shall withhold or cause to be withheld
from the Government Prime Contractor under this or any other Government
contract with the Prime Contractor such sums as an appropriate official
of the Department of Labor requests or such sums as the Contracting
Officer decides may be necessary to pay underpaid employees employed by
the Contractor or subcontractor. In the event of failure to pay any
employees subject to the Act all or part of the wages or fringe
benefits due under the Act, the agency may, after authorization or by
direction of the Department of Labor and written notification to the
Contractor, take action to cause suspension of any further payment or
advance of funds until such violations have ceased. Additionally, any
failure to comply with the requirements of these clauses relating to
the Service Contract Act of 1965, may be grounds for termination of the
right to proceed with the contract work. In such event, the Government
may enter into other contracts or arrangements for completion of the
work, charging the Contractor in default with any additional cost.
(j) The Contractor agrees to insert these clauses in this section
relating to the Service Contract Act of 1965 in all subcontracts
subject to the Act. The term 'Contractor* as used in these clauses in
any subcontract, shall be deemed to refer to the subcontractor, except
in the term •Government Prime Contractor.*
(k) (1) As used in these clauses, the term 'service employee* means
any person engaged in the performance of this contract other than any
person employed in a bona fide executive, administrative, or
professional capacity, as those terms are defined in Part 541 of Title
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29, Code of Federal Regulations, as o£ July 30, 1976, and any
subsequent revision of those regulations. The term 'service employee*
includes all such persons regardless of any contractual relationship
that may be alleged to exist between a Contractor or subcontractor and
such persons.
(2) The following statement is included in contracts pursuant to
section 2(a)(5) of the Act and is for informational purposes only:
The following classes of service employees expected to be employed
under the contract with the Government would be subject, if employed by
the contracting agency, to the provisions of 5 U.S.C. 5341 or S U.S.C.
S332 and would, if so employed, be paid not less than the following
rates of wages and fringe benefits:
Monetary
Employee Class Wage-Fringe
Benefits
(1) (1) If wages to be paid or fringe benefits to be furnished any
service employees employed by the Government Prime Contractor or any
subcontractor under the contract are provided for in a collective
bargaining agreement which is or will be effective during any period in
which the contract is being performed, the Government Prime Contractor
shall report such fact to the Contracting Officer, together with full
information as to the application and accrual of such wages and fringe
benefits, including any prospective increases, to service employees
engaged in work on the contract, and a copy of the collective
bargaining agreement. Such report shall be made upon commencing
performance of the contract, in the case of collective bargaining
agreements effective at such time, and in the case of such agreements
or provisions or amendments thereof effective at a later time during
the period of contract performance, such agreements shall be reported
promptly after negotiation thereof. (Approved by the Office of
Management and Budget under OMB control number 1215-0150.)
(2) Not less than 10 days prior to completion of any contract being
performed at a Federal facility where service employees may be retained
in the performance of the succeeding contract and subject to a wage
determination which contains vacation or other benefit provisions based
upon length of service with a Contractor (predecessor) or successor (S
4.173 of Regulations, 29 CPR Part 4), the incumbent Prime Contractor
shall furnish to the Contracting Officer a certified list of the names
of all service employees on the Contractor's or subcontractor's payroll
during the last month of contract performance. Such list shall also
contain anniversary dates of employment on the contract either with the
current or predecessor contractors of each such service employee. The
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U.S. ENVIRONMENTAL PROTECTION AGENCY
Contracting Officer shall turn over such list to the successor
contractor at the commencement of the succeeding contract. (Approved
by the Office of Management and Budget under OMB control number
1215-0150.)
(m) Rulings and interpretations of the Service Contract Act of 1965,
as amended, are contained in Regulations, 29 C7R Part 4.
(n) (1) By entering into this contract, the Contractor (and officials
thereof) certifies that neither it (nor he or she) nor any person or
firm who has a substantial interest in the Contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue
of the sanctions imposed pursuant to section 5 of the Act.
(2) No part of this contract shall be subcontracted to any person or
firm ineligible for award of a Government contract pursuant to section
5 of the Act.
(3) The penalty for making false statements is prescribed in the U.S.
Criminal Code, 18 U.S.C. 1001.
(o) Notwithstanding any of the clauses in paragraphs (b) through (m)
of this section relating to the Service Contract Act of 1965, the
following employees may be employed in accordance with the following
variations, tolerances, and exemptions, which the Secretary of Labor,
pursuant to section 4(b) of the Act prior to its amendment by Pub. L.
92-473, found to be necessary and proper in the public interest or to
avoid serious impairment of the conduct of Government business:
(1) Apprentices, student-learners, and workers whose earning capacity
is impaired by age, physical, or mental deficiecy or injury may be
employed at wages lower than the minimum wages otherwise required by
section 2(a)(l) or 2(b)(l) of the Service Contract Act without
diminishing any fringe benefits or cash payments in lieu thereof
required under section 2(a)(2) of that Act, in accordance with the
conditions and procedures prescribed for the employment of apprentices,
student-learners, handicapped persona, and handicapped clints of
sheltered workshops under section 14 of the Pair Labor Standards Act of
1938, in the regulations issued by the Administrator (20 CPR Parts 520,
521, 524, and 525).
(2) The Administrator will issue certificates under the Service
Contract Act for the employment of apprentices, student-learners,
handicapped persons, or handicapped clients of sheltered workshops not
subject to the Pair Labor Standards Act of 1938, or subject to
different minimum rates of pay under the two acts, authorizing
appropriate rates of minimum wages (but without changing requirements
concerning fringe benefits or supplementary cash payments in lieu
thereof), applying procedures prescribed by the applicable regulations
issued under the Pair Labor Standards Act of 1938 (29 CPR Parts 520,
521, 524, and 525).
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(3) The Administrator will also withdraw, annul, or cancel such
certificates in accordance with the regulations in Parts 525 and 528 of
Title 29 of the Code of Federal Regulations.
(p) Apprentices will be permitted to work at less than the
predetermined rate for the work they perform when they are employed and
individually registered in a bona fide apprenticeship program
registered with a State Apprenticeship Agency which is recognized by
the U.S. Department of Labor, or if no such recognized agency exists in
a State, under a program registered with the Bureau of Apprenticeship
and Training, Employment and Training Administration, U.S. Department
of Labor. Any employee who is not registered as an apprentice in an
approved program shall be paid the wage rate and fringe benefits
contained in the applicable wage determination for the journeyman
classification of work actually performed. The wage rates paid
apprentices shall not be less than the wage rate for their level of
progress set forth in the registered program, expressed as the
appropriate percentage of the journeyman's rate contained in the
applicable wage determination. The allowable ratio of apprentices to
journeymen employed on the contract work in any craft classification
shall not be greater than the ratio permitted to the Contractor as to
his entire work force under the registered program.
(q) An employee engaged in an occupation in which he or she
customarily and regularly receives more than $30 a month in tips may
have the amount of tips credited by the employer against the minimum
wage required by section 2(a)(l) or section 2(b)(l) of the Act in
accordance with section 3(m) of the Pair Labor Standards Act and
Regulations, 29 CPR Part 531: provided, however, that the amount of
such credit may not exceed 31.24 per hour beginning January 1, 1980,
and $1.34 per hour after December 31, 1980. To utilize this proviso:
(1) The employer must inform tipped employees about this tip credit
allowance before the credit is utilized!
(2) The employees must be allowed to retain all tips (individually or
through a pooling arrangement and regardless of whether the employer
elects to take a credit for tips received);
(3) The employer must be able to show by records that the employee
receives at least the applicable Service Contract Act minimum wage
through the combination of direct wages and tip credit; (approved by
the Office of Management and Budget under OMB control number 1215-0017);
(4) The us* of such tip credit must have been permitted under any
predecessor collective bargaining agreement applicable by virtue of
section 4(c) of the Act.
(r) Disputes concerning labor standards. Disputes arising out of the
labor standards provisions of this contract shall not be subject to the
general disputes clause of .this contract. Such disputes shall be
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U.S. ENVIRONMENTAL PROTECTION AGENCY
resolved in accordance with the procedures of the Department of Labor
set forth in 29 CPR Parts 4, 6, and 8. Disputes within the meaning of
this clause include disputes between the Contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of
Labor, or the employees or their representatives.
(End of clause)
EP52.222-250 Service Contract Act of 1965 - Contracts of $2,500 or Less.
Insert the following clause in every contract not in excess of $2,500
where the principal purpose is the furnishing of services through the
use of service employees.
I.It SERVICE CONTRACT ACT 0? 1965 - CONTRACTS OF $2,500 OR LESS
(EP52.222-250) (APR 1984)
Service Contract Act. Except to the extent that an exemption,
variation or tolerance would apply if this were a contract in excess of
$2,500, the Contractor and any subcontractor hereunder shall pay all of
his employees engaged in performing work on the contract not less than
the minimum wage specified under section 6(a)(l) of the Pair Labor
Standards Act of 1938, as amended. Regulations and interpretations of
the Service Contract Act of 1965, as amended, are contained in 29 CPR
Part 4.
(End of clause)
EP52.222-260 Pair Labor Standards Act and Service Contract Act—Price
Adjustment (Multiyear and Option Contracts).
Insert the following clause in solicitations and contracts when the
contract is expected to be a fixed-price service contract containing
the clause at BP52.222-240, Service Contract Act of 1965, and is a
multiyear contract or is a contract with options to renew (note that
the adjustments under subparagraphs (c)(2) and (3) of the clause may
apply to the base period as well as to subsequent periods:
I.I* PAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT—PRICE
ADJUSTMENT (MULTIYBAR AND OPTION CONTRACTS) (BP52.222-260) (SEP
1984)
(a) The Contractor warrants that the prices in this contract do not
include any allowance for any contingency to cover increased costs for
which adjustment is provided under this clause.
(b) The minimum prevailing wage determination, including fringe
benefits, issued under the Service Contract Act of 1965 (41 u.S.C.
351-358), by the Administrator, Wage and Hour Division, Employment
Standards Administration, U.S. Department of .Labor, current at the
beginning of each renewal option period, shall apply to any renewal of
this contract. When no such determination has been made applicable to
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U.S. ENVIRONMENTAL PROTECTION AGENCY
this contract, then the current Federal minimum wage as established by
section 6(a)(l) of the Pair Labor Standards Act of 1938 (29 O.S.C. 206)
shall apply to any renewal of this contract.
(c) The contract price or contract unit price labor rates will be
adjusted to reflect increases or decreases by the Contractor in wages
oc fringe benefits of employees working on this contract to comply
with—
(1) The Department of Labor determination of minimum prevailing wages
and fringe benefits applicable at the beginning of the renewal option
period;
(2) An increased or decreased wage determination otherwise applied to
the contract by operation of law; or
(3) An amendment to the Pair Labor Standards Act of 1938 that is
enacted subsequent to award of this contract* affects the minimum wage,
and becomes applicable to this contract under law.
(d) Any such adjustment will be limited to increases or decreases in
wages or fringe benefits as described in paragraph (c) above, and to
the concomitant increases or decreases in social security and
unemployment taxes and workers' compensation insurance; it shall not
otherwise include any amount for general and administrative costs,
overhead, or profits.
(e) The Contractor shall notify the Contracting Officer of any
increase claimed under this clause within 30 days after the effective
date of the wage change, unless this period is extended by the
Contracting Officer in writing. The Contractor shall promptly notify
the Contracting Officer of any decrease under this clause, but nothing
in the clause shall preclude the Government from asserting a claim
within the period permitted by law. The notice shall contain a
statement of the amount claimed and any relevant supporting data that
the Contracting Officer may reasonably require. Upon agreement of the
parties, the contract price or contract unit price labor rates shall be
modified in writing. The Contractor shall continue performance pending
agreement on or determination of any such adjustment and its effective
date.
(f) The Contracting Officer or an authorized representative shall,
until the expiration of 3 years after final payment under the contract,
have access to and the right to examine any directly pertinent books,
documents, papers, and records of the Contractor.
(End of clause)
EP52.222-265 Pair Labor Standards Act and Service Contract Act—Price
Adjustment.
Insert the following clause in solicitations and contracts when the
contract is expected to be a fixed-price service contract containing
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U.S. ENVIRONMENTAL PROTECTION AGENCY
the clause at EP52.222-240, Service Contract Act of 1965, and is NOT a
multiyear contract or is NOT a contract with options to renew:
I.It FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT—PRICE
ADJUSTMENT (EP52.222-265) (SEP 1984)
(a) The Contractor warrants that the prices in this contract do not
include any allowance for any contingency to cover increased costs for
which adjustment is provided under this clause.
(b) The contract price or contract unit price labor rates will be
adjusted to reflect increases or decreases by the Contractor in wages
or fringe benefits of employees working on this contract to comply
with—
(1) An increased or decreased wage determination applied to this
contract by operation of law; or
(2) An amendment to the Pair Labor Standards Act of 1938 that is
enacted subsequent to award of this contract, affects the minimum wage,
and becomes applicable to this contract under law.
(c) Any such adjustment will be limited to increases or decreases in
wages or fringe benefits as described in paragraph (b) above, and to
the concomitant increases or decreases in social security and
unemployment taxes and workers' compensation insurance) it shall not
otherwise include any amount for general and administrative costs,
overhead, or profits.
(d) The Contractor shall notify the Contracting Officer of any
increase claimed under this clause within 30 days after the effective
date of the wage change, unless this period is extended by the
Contracting Officer in writing. The Contractor shall promptly notify
the Contracting Officer of any decrease under this clause, but nothing
in the clause shall preclude the Government from asserting a claim
within the period permitted by law. The notice shall contain a
statement of the amount claimed and any relevant supporting data that
the Contracting Officer may reasonably require. Upon agreement of the
parties, the contract price or contract unit price labor rates shall be
modified in writing. The Contractor shall continue performance pending
agreement on or determination of any such adjustment and its effective
date.
(e) The Contracting Officer or an authorized representative shall,
until the expiration of 3 years after final payment under the contract,
have access to and the right to examine any directly pertinent books,
documents, papers, and records of the Contractor.
52.223-01 Clean Air and Hater Certification (APR 1984).
As prescribed in PAR 23.105(a), Insert the provision in solicitations
containing the clause at PAR 52.223-2, Clean Air and Water.
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This provision oc clause must be incorporated into procurement
documents in 'Pull Text*—see the PAR for the text.
52.223-02 Clean Air and Hater (APR 1984).
As prescribed in PAR 23.105(b), insert the clause in solicitations
and contracts to which PAR Subpart 23.1 applies (see PAR 23.101} if (a)
the contract is expected to exceed 1100,000; (b) the Contracting
Officer believes that orders under an indefinite quantity contract in
any year will exceed $100,000; or (c) a facility to be used has been
the subject of a conviction under the applicable portion of the Air Act
(42 U.S.C. 7413(c)(D) or the Hater Act (33 O.S.C. 1319(c)) and is
listed by EPA as a violating facility; and (d) the acquisition is not
otherwise exempt under PAR 23.104.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
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52.223-03 Hazardous Material Identification and Material Safety Data
(APR 1984).
As prescribed in PAR 23.303, insert the clause in solicitations and
contracts when it is contemplated that the contract will require the
delivery of hazardous materials as defined in Appendix A of Federal
Standard No. 313A, or on the advice of the Government's technical
representative that the contract will involve exposure to hazardous
materials in any manner} e.g., performance of work, use, handling,
manufacturing, packaging, transportation, storage, inspection, and
disposal.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.223-04 Recovered Material Certification (APR 1984).
As prescribed in PAR 23.405, insert the provision in solicitations
that incorporate specifications requiring the use of recovered
materials.
This provision or clause must be incorporated into procurement
documents in 'Pull Text*---see the PAR for the text.
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.
H.I* PROTECTION OP 3DMAN SUBJECTS (EPAAR 1552.223-70) (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)
BP52.223-100 Care of Laboratory Animals.
Insert the following clause in all contracts involving the use of
experimental or laboratory animals.
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R.M CARE OP LABORATORY ANIMALS (EP52.223-100) (AOG 1984)
(a) Before undertaking performance of any contract involving the use
of laboratory animals, the Contractor shall register with the Secretary
of Agriculture of the United States in accordance with Section 6, P.L.
89-544, Laboratory Animal Welfare Act, August 24, 1966, as amended by
P.L. 91-579, Animal Welfare Act of 1970, December 24, 1970. The
Contractor shall furnish evidence of such registration to the
Contracting Officer.
(b) The Contractor shall acquire animals used in research and
development programs from a dealer licensed by the Secretary of
Agriculture, or from exempted sources in accordance with the Public
Laws enumerated in (a), above* of this provision.
(c) In the care of any live animals used or intended for use in the
performance of this contract, the Contractor shall adhere to the
principles enunciated in the Guide for Care and Ose of Laboratory
Animals prepared by the Institute of Laboratory Animal Resources,
National Academy of Sciences (NAS)—National Research Council (NRG),
and in the United States Department of Agriculture's (USDA) regulations
and standards issued uder the Public Laws enumerated in (a) above* In
case of conflict between standards, the higher standard shall be used.
Contractor reports on portions of the contract in which animals were
used shall contain a certificate stating that the animals were cared
for in accordance with the principles enunciated in the Guide for Care
and Ose of Laboratory Animals prepared by the Institute of Laboratory
Animals Resources, NAS-NRC, and/or in the regulations and standards as
promulagated by the Agricultural Research Service, OSDA, pursuant to
the Laboratory Animal Welfare Act of Augst 24, 1966, as amended (P.L.
89-544 and P.L. 91-579).
NOTE: The Contractor may request registration of his facility and a
current listing of licensed dealers from the Regional Office of the
Animal and Plant Health Inspection Service (APHIS), OSDA, for the
region in which his research facility is located. The location of the
appropriate APHIS Regional Office as well as information concerning
this program may be obtained by contacting the Senior Veterinary,
Animal Care Staff, USDA/APHls, Federal Center Building, Hyattsville,
NO 20782.
(End of clause)
(Derived from PPR 1-7.303-44)
52.224-01 Privacy Act Notification (APR 1984).
As prescribed in PAR 24.104, insert the clause in solicitations and
contracts when the design, development, or operation of a system of
records on individuals is required to accomplish an agency function.
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This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.224-02 Privacy Act (APR 1984).
As prescribed in FAR 24.104, insert the clause in solicitations and
contracts when the design, development, or operation of a system of
records on individuals is required to accomplish an agency function.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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.
K.tff SOCIAL SECURITY NUMBERS OF CONSULTANTS AND CERTAIN SOLE
PROPRIETORS AND PRIVACY ACT STATEMENT (BPAAR 1552.224-70) (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 Fora
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.
(Bad of provision)
52.225-01 Buy American Certificate (APR 1984).
As prescribed in FAR 25.109(a), insert the provision in solicitations
for the acquisition of supplies, or for services involving the
furnishing of suppplies, for use within the United States, except for
acquisitions mad* under the Trade Agreements Act of 1979, as specified
in FAR Subpart 25.4.
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
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52.225-03 Buy American Act—Supplies (APR 1984).
As prescribed in FAR 25.109(d), insert the clause in solicitations
and contracts for the acquisition of supplies, or for services
involving the furnishing of supplies, for use within the United States,
except for acquisitions made under subparagraph (a)(3) of the Trade
Agreements Act of 1979, as specified in FAR Subpart 25.4.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.225-05 Buy American Act—Construction Materials (APR 1984).
As prescribed in FAR 25.205, insert the clause in solicitations and
contracts for construction inside the United States.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.225-08 Buy American Act—Trade Agreements Act—Balance of Payments
Program Certificate (APR 1984).
As prescribed in FAR 25.407(a)(1), insert the provision in
solicitations for supplies, except as specified in FAR 25.403.
This provision or clause must be incorporated into procurement
documents in "Full Text"—see the FAR for the text.
52.225-09 Buy American Act—Trade Agreements Act—Balance of Payments
Program (APR 1984).
As prescribed in FAR 25.407(a)(2), insert the clause in solicitations
and contracts for supplies, except as specified in FAR 25.403.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.225-10 Duty-Free Entry (APR 1984).
Aa prescribed in FAR 25.605(a), insert the clause in solicitations
and contracts over $100,000 that provide for, or anticipate furnishing
to ths> Government, supplies to be imported into the customs territory
of the Halted States. As prescribed in FAR 25.605(b), the clause may
be used la contracts of $100,000 or less if such action is consistent
with the policy in FAR 25.602. When used in contracts of $100,000 or
less, paragraphs (b)(l) and (i)(2) shall be modified to reduce the
dollar figure.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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52.227-01 Authorization and Consent (APR 1984).
As prescribed in PAR 27.201-2, insert the clause in solicitations and
contracts (including those for construction; architect-engineer
services; dismantling, demolition, or removal of improvements; and
noncommon carrier communication services), except when small purchase
procedures apply or both complete performance and delivery are outside
the United States, its possessions, and Puerto Rico. Although the
clause is not required when small purchase procedures apply, it may be
used with them.
ALTERNATE I is to be used in all R&D solicitations and contracts
(including those for construction and architect-engineer services
calling exclusively for R&D work or exclusively for experimental work),
unless both complete performance and delivery are outside the United
States, its possessions, and Puerto Rico. When a proposed contract
involves both R&D work and supplies or services, and the R&D work is
the primary purpose of the contract, the Contracting Officer shall use
this alternate. In all other proposed contracts involving both R&D
work and supplies or services, the Contracting Officer shall use the
basic clause. Also, when a proposed contract involves either R&D or
supplies and materials, in addition to construction or
architect-engineer work, the Contracting Officer shall use the basic
clause.
This provision or clause and its Alternate(s) may be incorporated
into procurement documents by reference—see the PAR for the text*
52.227-02 Notice and Assistance Regarding 'Patent and Copyright
Infringement (APR 1984).
As prescribed in PAR 27.202-2, insert the clause in supply, service,
or research and development solicitations and contracts (including
construction and architect-engineer contracts) which anticipate a
contract value above the dollar limit set forth at PAR 13.000, except
when small purchase procedures apply or both complete performance and
delivery are outside the United States, its possessions, and Puerto
Rico, unless the contracts indicate that the supplies ar other
deliverables are ultimately to be shipped into one of those areas.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.227-03 Patent Indemnity (APR 1984).
As prescribed in PAR 27.203-Kb), 27.203-2(a), or 27.203-4(a)(2), or
27.203-4(a)(2), insert the clause in fixed-price procurement documents
for commercial supplies or services (except construction). Review the
cited PAR subsections, as a Patent Indemnity clause is not to be used
in certain circumstances (e.g., procurement of research and development
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and architect-engineer work! non-commercial supplies or services! when
performance and delivery is outside the United States, its possessions,
and Puerto Ricoi and small purchases).
Alternates X and XX can be used in solicitations and contracts that
call in part Cor specific components, spare parts, or services (or such
items with relatively minor modifications) that normally are or have
been sold or offered for sale by any supplier to the public in the
commercial open market, the Contracting Officer may use the clause with
its Alternate I or IX, as appropriate* The choice between Alternate I
(identification of excluded items) and Alternate XX (identification of
included items) should be based upon simplicity, Government
administrative convenience, and the ease of identification of the items.
The basic clause may be incorporated into procurement documents by
reference. The clause Alternates must be incorporated into procurement
documents in 'Pull Text.* The Alternates also contain blanks which
must be filled in when used in procurement documents. See the PAR for
the text of this clause and its Alternates.
52.227-04 Patent Indemnity—Construction Contracts (APR 1984).
As prescribed in PAR 27.203-5 and except as prohibited by PAR
27.203-Kb), insert the clause in fixed-price solicitations and
contracts for construction or for dismantling, demolition, or removal
of improvements. PAR 27.203-Kb) should be reviewed as the clause is
not to be used in certain circumstances (e.g., procurement of research
and development and architect-engineer work} non-commercial supplies or
services! when performance and delivery is outside the United States,
its possessions, or Puerto Ricoi and small purchases). If it is
determined that the construction will necessarily involve the use of
structures, products, materials, equipment, processes, or methods that
are nonatandard, noncommercial, or special, the Contracting Officer may
expressly exclude them from the patent indemnification by using the
basic clause with its Alternate I.
The basic clause may be incorporated into procurement documents by
reference. The clause Alternate must be incorporated into procurement
documents in "Pull Text.* The Alternate also contains blanks which
must be filled in when used in procurement documents. See the PAR for
the text of this clause and its Alternate.
52.227-05 Waiver of Indemnity (APR 1984).
As prescribed in PAH 27.203-6, insert the clause in solicitations and
contracts in addition to the appropriate patent indemnity clause if, in
the Government's interest, it is appropriate to exempt one or more
specific United States patents from the patent indemnity clause, the
Contracting Officer shall obtain written approval from the agency head
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or designer. The Contracting Officer shall document the contract file
with a copy of the written approval.
This provision or clause must be incorporated into procurement
documents in 'Pull Text.* The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the PAR for the text.
52.227-06 Royalty Information (APR 1984).
As prescribed in PAR 27.204-2, if it is expected that work may be
performed in the United States, its possessions, or Puerto Rico, insert
the solicitation provision in any solicitation that may result in a
negotiated contract for which royalty information is desired or for
which cost or pricing data is obtained under PAR 15.804. Royalty
information shall not be required (except for information under PAR
27.204-3) in formally advertised contracts unless the need for such
information is approved at a level above that of the Contracting
Officer as being necessary for proper protection of the Government's
interests.
This provision or clause must be incorporated into procurement
documents in 'Pull Text." See the PAR for the text.
52.227-07 Patents—Notice of Government Licensee (APR 1984)
As prescribed in PAR 27.204-3, insert the solicitation provision if
the Government is obligated to pay a royalty on a patent involved in
the prospective contract.
This provision or clause must be incorporated into procurement
documents in 'Pull Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the PAR for the text.
52.227-08 Reporting of Royalties (Poreign) (APR 1984).
As prescribed in PAR 27.204-4, insert the clause in solicitations
contemplating negotiated contracts (and such contracts) to be performed
outside the United States, its possessions, and Puerto Rico, regardless
of the place of delivery.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.227-09 Refund of Royalties (APR 1984).
As prescribed in PAR 27.206, insert the clause in negotiated
fixed-price contracts and solicitations contemplating such contracts if
the Contracting Officer determines that circumstances make it
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questionable whether or not substantial amounts of royalties will have
to be paid by the Contractor or a subcontractor at any tier.
In solicitations and contracts with an incentive fee arrangement,
change 'price* to "target cost and target profit' wherever it appears.
This provision or clause nay be incorporated into procurement
documents by reference—see the PAR for the text.
52.227-10 Piling of Patent Applications—Classified Subject Hatter
(APR 1984).
As prescribed in PAR 27.207, insert the clause in all classified
solicitations and contracts and in all solicitations and contracts
where the nature of the work or classified subject matter involved in
the work reasonably might be expected to result in a patent application
containing classified subject matter.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.227-H Patent Rights—Retention by the Contractor (Short Porn) (APR
1984).
(a) As prescribed in PAR 27.303, insert the clause in solicitations
and contracts for experimental, developmental, or research work
(including construction work and architect-engineer services involving
such *RU>' work covered in PAR 27.304-3) UNLESS an alternative patent
rights clause is used in accordance with PAR 27.303(b) or (c), or PAR
27.304-2.
(b) To the extent the information is not required elsewhere in the
contract, and unless otherwise specified by agency supplemental
regulations, the Contracting Officer may modify paragraph (f) of the
clause to require the Contractor to do one or more of the following:
(1) Provide periodic (but not more frequently than annually) listings
of all subject inventions required to be disclosed during the period
covered by the report.
(2) Provide a report prior to the closeout of the contract listing
all subject inventions or stating that there were none.
(3) Provide) notification of all subcontracts for experimental,
developmental, or research work.
(4) Provide, upon request, the filing date, serial number and titlei
a copy of the patent application) and patent number and issue date for
any subject invention in any country in which the contractor has
applied for patents.
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(5) Furnish the Government an irrevocable power to inspect and make
copies of the patent application file.
(c) Alternate X is to be used if the acquisition of patent rights for
the benefit of a foreign governaent is required under a treaty or
executive agreement or if the agency head or a designee determines at
the time of contracting that it would be in the national interest to
acquire the right to sublicense foreign governments or international
organizations pursuant to any existing or future treaty or agreement.
(d) The basic verbatim PAR clause may be incorporated into
procurement documents by reference. If modified according to (b)
above, it must be incorporated in 'Pull Text.* The Alternate must be
incorporated in 'Pull Text.* The Alternate also contains a blank which
must be filled-in when used in a procurement document. See the PAR for
the text.
52.227-13 Patent Rights—Acquisition by the Government (APR 1984).
(a) As prescribed in PAR 27.303, insert the clause in solicitations
and contracts for experimental, developmental, or research work
(including construction work and architect-engineer services involving
such *RH>* work covered in PAR 27.304-3) if any of the following
conditions apply:
(i) No alternative clause is used in accordance with PAR 27.203(d) or
PAR 27.304-2.
(ii) The contract is for the operation of a Government-owned research
or production facility.
(iii) There are exceptional circumstances and the agency head
determines that restriction or elimination of the right to retain title
to any subject invention will better promote the policy and objectives
of Chapter 18 of Title 35 of the United States Code.
(iv) The work is to be performed outside the United States, its
possessions, and Puerto Rico by contractors that are not small business
firms, nonprofit organizations as defined in PAR 27.301, or domestic
firms. Por purposes of this subparagraph, the Contracting Officer may
presume that a contractor is not a domestic firm unless it is known
that the firm is not foreign owned, controlled, or influenced. (See
PAR 27.304-4(a) regarding subcontracts with U.S. firms.)
(b) Alternate X is to be used if the acquisition of patent rights for
the benefits of a foreign government is required under a treaty or
executive agreement or if the agency head or a designee determines at
the time of contracting that it would be in the national interest to
acquire the right to sublicense foreign governments or international
organizations pursuant to any existing or future treaty or agreement.
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(c) The basic clause nay be incorporated into procurement documents
by reference. The Alternate oust be incorporated in 'Pull Text." The
Alternate also contains blanks which must be filled-in when used in a
procurement document. See the PAR for the text.
1552.227-70 Notification of Limited-Rights Data and Restricted
Computer Software.
As prescribed in 1527.7005(a), insert the following provision in any
solicitation containing the clause at 1552.227-71, Rights in
Data—General.
L.ft NOTIFICATION OP LIMITED-RIGHTS DATA AND RESTRICTED COMPUTER
SOFTWARE (EPAAR 1552.227-70) (APR 1984)
(a) This solicitation sets forth the work to be performed if a
contract award results, and the Government's known requirements for
data (as defined in the EPA Acquisition Regulation at 1527.7001). Any
resulting contract may also provide the Government the option to order
additional data under the Additional Data Requirements clause (EPA
Acquisition Regulation, 1552.227-74), if included in the contract. Any
data delivered under the resulting contract will be subject to the
Rights in Data—General clause (EPA Acquisition Regulation,
1552.227-71) that is to be included in this contract. Under this
clause a Contractor may withhold from delivery data that qualifies as
limited-rights data or restricted computer software, and deliver form,
fit, and function data in lieu thereof. This clause also authorizes
the Government to require delivery of limited-rights data or restricted
computer software that has been withheld or would otherwise be
withholdable. In addition, this clause provides the Government with
the right to inspect such data at the Contractor's facility.
(b) The offerer's response to this solicitation shall, to the extent
feasible, either state that none of the data qualifies as
limited-rights data or restricted computer software, or identify which
of the data qualifies as limited-rights data or restricted computer
software. Any identification of limited-rights data or restricted
computer software in the offerer's response is not determinative of the
status of such data should a contract be awarded to the offerer.
(c) If this acquisition is solely for existing computer software
and/or data bases, any resulting contract must contain provisions which
cover the Government's right to use the software and, at the least, it
should normally contain the rights set forth at EPA Acquisition
Regulation 1527.7003(b)(S). Consult EPA Acquisition Regulation
1527.7003(d)(2) for further guidance. EPA will consider for
incorporation in the contract a vendor's own license or other
conditions provided they are not inconsistent with 1527.7003(b)(5) or
1527.7003(d)(2).
(End of provision)
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1552.227-71 Rights in Data—General.
(a) As prescribed in 1527.7005(b), insert the following clause in
solicitations and contracts if it is contemplated that data will be
produced, furnished, or acquired under the contract/ unless the
contract is—
(1) For the production of special works of the type set forth in
BPAAR 1527.7003(c), but the clause shall be included in the contract
and made applicable to data other than special works, as appropriate;
(2) For the separate acquisition of existing works, as described in
EPAAR 1527.7003(d);
(3) For a Small Business Innovative Research (SBIR) contract (see
1552.227-75);
(4) To be performed outside the United States, its possessions, and
Puerto Rico, in which case the Contracting Officer, in conjunction with
the patent attorney and the Project Officer, shall develop a clause
suitable for the particular acquisition;
(5) For architect-engineer services or construction work, in which
case the Contracting Officer, in conjunction with the patent attorney
and the Project Officer, shall develop a clause suitable for the
particular acquisition. However, the clause may be included in the
contract and made applicable to data pertaining to other than
architect-engineer services and construction work;
(6) For the operation of a Government-owned facility to perform
research, development or production work, in which case the Contracting
Officer, in conjunction with the patent attorney and the Project
Officer, shall develop a clause suitable for the particular acquisition.
(b) Alternate I is to be used if a Contracting Officer determines, in
accordance with BPAAR 1527.7003(b) (2), to adopt the alternate
definition of •Limited-Rights Data' in paragraph (a) of the clause.
B.»t RIGBTS IN DATA—GENERAL (BPAAR 1552.227-71) (APR 1984)
(a) Definitions.
•Computer software,* as used in this clause, means computer programs,
computer data bases, and documentation thereof.
•Data," as used in this clause, means recorded information,
regardless of form or the media on which it may be recorded. The term
includes computer software. The term does not include information
incidental to contract administration, such as contract cost analysis
or financial, business, and management information required for
contract administration purposes.
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•Form, fit, and function data,' as used in this clause, means data
describing, and sufficient to enable, physical and functional
interchangeability; as well as data identifying source, size,
configuration, mating and attachment characteristics, functional
characteristics, and performance requirements.
•Limited rights,* as used in this clause, means the rights of the
Government in limited-rights data as set forth in the Limited Rights
Notice of paragraph (g)(2) of this clause.
•Limited-rights data,* as used in this clause, means data that
embodies trade secrets or is commercial or financial and confidential
or privileged, but only to the extent that the data pertains to items,
components, or processes developed at private expense, including minor
modifications thereof.
•Restricted computer software,* as used in this clause, means
computer software developed at private expense and that is a trade
secret, or is commercial or financial data which is confidential or
privileged, or is published copyrighted computer software.
•Restricted rights,* as used in this clause, means the rights of the
Government in restricted computer software, as set forth in a
Restricted Rights Notice of paragraph (g)(3) of this clause, or as
otherwise may be provided in a collateral agreement incorporated in and
made part of this contract.
•Unlimited rights,* as used in this clause, means the right of the
Government, without additional cost to the Government, to use,
disclose, reproduce, prepare derivative works, distribute copies to the
public, and perform publicly and display publicly, in any manner and
for any purpose, and to have or permit others to do so.
(b) Allocation of rights.
(1) Except as provided in paragraph (e) of this clause regarding
copyright, the Government shall have unlimited rights in—
(i) Data first produced in the performance of this contract)
(ii) Form, fit, and function data delivered under this contract;
(iii) Data delivered under this contract (except for restricted
computer software) that constitutes manuals or instructional and/or
training material) and
(iv) All other data delivered under this contract unless provided
otherwise for limited-rights data or restricted computer software in
accordance with paragraph (g) of this clause.
(2) The Contractor shall have the right to—
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(i) Use, release to others, reproduce, distribute, or publish any
data first produced or specifically used by the Contractor in the
performance of this contract unless provided otherwise in paragraph (d)
of this clause)
(ii) Protect from unauthorized disclosure and use that data which is
limited-rights data or restricted computer software to the extent
provided in paragraph (g) of this clause;
(iii) Substantiate use of, add or correct limited rights or
restricted rights notices and to take other appropriate action, in
accordance with paragraphs (e) and (f) of this clause: and
(iv) Establish claim to copyright subsisting in data first produced
in the performance of this contract to the extent provided in paragraph
(c)(1) of this clause.
(c) (1) Data first produced in the performance of this contract.
Unless provided otherwise in paragraph (d) of this clause, the
Contractor may establish claim to copyright subsisting in scientific
and technical articles based on or derived from data first produced in
the performance of this contract and published in academic, technical,
or professional journals. The prior, express written permission of the
Contracting Officer is required to establish claim to copyright
subsisting in all other data first produced in the performance of this
contract in accordance with EPA Acquisition Regulation
1527.7003(6)(6). When claim to copyright is made, the Contractor shall
affix the applicable copyright notices of 17 U.S.C. 401 or 402 to the
data when such data is delivered to the Government, and include that
notice as well as acknowledgement of Government sponsorship on the data
when published or deposited in the U.S. Copyright Office. The
Contractor grants to the Government, and others acting on its behalf, a
paid-up, nonexclusive, irrevocable worldwide license to reproduce,
prepare derivative works, distribute copies to the public, and perform
publicly and display publicly, by or on behalf of the Government, for
all such data.
(2) Data not first produced in the performance of this contract. The
Contractor shall not, without prior written permission of the
Contracting Officer, incorporate in data delivered under this contract
any data not first produced in the performance of this contract and
which contains the copyright notice of 17 U.S.C. 401 or 402, unless the
Contractor identifies such data and grants to the Government, or
acquires on it* behalf, a license of the same scope as set forth in
paragraph (c)(l) of this clause) provided, however, that if such data
is computer software the Government shall acquire a copyright license
as set forth in paragraph (g)(3) of this clause or as otherwise may be
provided in a collateral agreement incorporated in or made part of this
contract.
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(3) The Government agrees not to remove any copyright notices placed
on data pursuant to this paragraph (c), and to include such notices on
all reproductions of the data.
(d) Release, publication and use of data.
(1) The Contractor shall have the right to use, release to others,
reproduce, distribute, or publish any data first produced or
specifically used by the Contractor in the performance of this
contract, subject, however, to the clause at 1552.237-70, Contract
Publication Review Procedure, and the copyright provisions of
paragraphs (c)(l) and (c)(2) of this clause.
(2) The Contractor agrees that to the extent it receives or is given
access to data necessary for the performance of this contract which
contains restrictive markings, the Contractor shall treat the data in
accordance with such markings unless otherwise specifically authorized
in writing by the Contracting Officer.
(e) Unauthorized marking of data. (1) Notwithstanding any other
provisions of this contract concerning inspection or acceptance, if any
data delivered under this contract is marked with the notices specified
in paragraphs (g)(2) or (g)(3) of this clause and use of such is not
authorized by this clause, the Contracting Officer may either return
the data to the Contractor, or cancel or ignore the markings. However,
markings will not be cancelled or ignored unless—
(i) The Contracting Officer makes written inquiry to the Contractor
concerning the propriety of the markings, providing the Contractor 30
days to respond; and
(ii) The Contractor fails to respond within the 30-day period (or a
longer time approved by the Contracting Officer for good cause shown),
or the Contractor's response fails to substantiate the propriety of the
markings.
(2) The Contracting Officer shall consider the Contractor's response,
if any, and determine whether the markings shall be cancelled or
ignored. The Contracting Officer shall furnish written notice to the
Contractor of the determination, which shall be a final decision under
the Contract Disputes Act.
(3) The Environmental Protection Agency reserves the right to modify
the above procedures when implementing the Freedom of Information Act
(5 U.S.C. 552) if necessary to respond to a request for data thereunder.
(f) Omitted or incorrect markings. (1) Data delivered to the
Government without any notice authorized by paragraph (g) of this
clause, or without a copyright notice, shall be deemed to have been
furnished with unlimited rights, and the Government assumes no
liability for the disclosure, use, or reproduction of such data.
ACQUISITION HANDBOOK Volume IX Page 85.9
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However, to the extent the data has not been disclosed without
restriction outside the Government, the Contractor may request, within
6 months (or a longer time approved by the Contracting Officer for good
cause shown) after delivery of such data, permission to have notices
placed on qualifying data at the Contractor's expense, and the
Contracting Officer may agree to do so if the Contractor--
(i) Identifies the data to which the omitted notice is to be applied;
(ii) Demonstrates that the omission of the notice was inadvertent;
(iii) Establishes that the use of the proposed notice is authorized;
and
(iv) Acknowledges that the Government has no liability with respect
to the disclosure or use of any such data made prior to the addition of
the notice or resulting from the omission of the notice.
(2) The Contracting Officer may also (i) permit correction at the
Contractor's expense, of incorrect notices if the Contractor identifies
the data on which correction of the notice is to be made, and
demonstrates that the correct notice is authorized, or (ii) correct any
incorrect notices.
(g) Protection of limited-rights data and restricted computer
software. (1) When data other than that listed in paragraphs
(b)(l)(i), (ii), and (iii) of this clause is specified to be delivered
under this contract and qualifies as either limited-rights data or
restricted computer software, the Contractor, if it desires to continue
protection of such data, shall withhold such data and not furnish it to
the Government under this contract. As a condition to this
withholding, the Contractor shall identify the data being withheld and
furnish form, fit, and function data in lieu thereof. Limited-rights
data that is formatted as a computer data base for delivery to the
Government is to be treated as limited-rights data and not restricted
computer software.
(2) Notwithstanding paragraph (g)(l) of this clause, this contract
may identify and specify the delivery of limited-rights data, or the
Contracting Officer may, at any time during contract performance and
for a period of 3 years after acceptance of all items to be delivered
under this contract, require by written request the delivery of
limited-rights data that has been withheld or would otherwise be
withholdable* If delivery of such data is so required, the Contractor
may affix the following "Limited Rights Notice* to the data and the
Government will thereafter treat the data, subject to the provisions of
paragraphs (e) and (f) of this clause, in accordance with such Notice:
ACQUISITION HANDBOOK Volume IX Page 85.10
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U.S. ENVIRONMENTAL PROTECTION AGENCY
LIMITED RIGHTS NOTICE (APR 1984)
(a) This data is submitted with limited rights under
Government Contract No
(subcontract , if appropriate).
It may be reproduced and used by the Government with
the express limitation that it will not, without
permission of the Contractor, be used for purposes
of manufacture nor disclosed outside the Government;
except that the Government may disclose this data
outside the Government for the following purposes,
provided that the Government makes such disclosure
subject to prohibition against further use and
disclosure:
(1) Ose by support service Contractors.
(2) Evaluation by nongovernment evaluators.
(3) Use by other Contractors participating in the
Government's program of which this contract is a
part, for information and use in connection with the
work performed under their contracts.
(4) Emergency repair or overhaul work.
(5) Release- to a foreign government, as the
interests of the United States may require, for
information or evaluation, or for emergency repair
or overhaul work by such government.
(b) This Notice shall be marked on any reproduction
of this data, in whole or in part.
(End of Notice)
(3) Notwithstanding paragraph (g)(l) of this clause, this contract
may identify and specify the delivery of restricted computer software,
or the Contracting Officer may, at any time during contract performance
and for a period of 3 years after acceptance of all items to be
delivered under this contract, require by written request the delivery
of restricted computer software that has been withheld. If delivery of
such computer software is so required, the Contractor may affix the
following "Restricted Rights Notice* to the computer software and the
Government trill thereafter treat the computer software, subject to
paragraphs (e) and (f) above, in accordance with the Notice:
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RESTRICTED RIGHTS NOTICE (APR 1984)
(a) This computer software is submitted with
restricted rights under Government Contract No.
(and subcontract
, if appropriate). It may
not be used, reproduced, or disclosed by the
Government except as provided below or as otherwise
expressly stated in the contract.
(b) This computer software nay be--
(1) Used or copied for use in or with the computer
or computers for which it was acquired* including
use at any Government installation to which such
computer nay be transferred;
(2) Used with a backup computer if the computer for
which it was acquired is inoperative;
(3) Reproduced for safekeeping (archives) or backup
purposes;
(4) Modified, adapted, or combined with other
computer software, provided that the modified,
combined or adapted portions of the derivative
software incorporating restricted computer software
shall be subject to the same restricted rights; and
(5) Disclosed and reproduced for use by support
Contractors or their subcontractors in accordance
with paragraphs (b)(l) through (4) of this Notice,
provided the Government makes such disclosure
subject to these restricted rights.
(c) Notwithstanding the foregoing, if this computer
software is published copyrighted software, it is
licensed to the Government, without disclosure
prohibitions, with the minimum rights set forth in
paragraph (b) of this Notice.
(d) Any other rights or limitations regarding the
use, duplication or disclosure of this computer
software are to be expressly stated in the contract.
(e) This Notice shall be marked on any reproduction
of this computer software, in whole or in part.
(End of Notice)
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(11) Where It ia Impractical to Include the above Notice on
restricted computer software, the following short-form Notice may be
used in lieu thereof:
RESTRICTED RIGHTS NOTICE
(SHORT FORM) (APR 1984)
Use, reproduction, or disclosure is subject to
restrictions set forth in Contract No
(and subcontract
, if appropriate)
with (name
of Contractor and subcontractor).
(End of Notice)
(h) Subcontracting. The Contractor has the responsibility to obtain
from its subcontractors all data and rights therein necessary to
fulfill the Contractor's obligations to the Government under this
contract. If a subcontractor refuses to accept terms affording the
Government such rights, the Contractor shall promptly bring such
refusal to the attention of the Contracting Officer and not proceed
with subcontract award without further authorization.
(i)' Relationship to patents. Nothing contained in this clause shall
imply a license to the Government under any patent or be construed as
affecting the scope of any license or other right otherwise granted to
the Government.
(j) The Contractor agrees, except as may be otherwise specified in
this contract for specific data items listed as not subject to this
paragraph, that the Contracting Officer or other Federal Government
employee may, at all reasonable times up to 3 years after acceptance of
all items to be delivered under this contract, inspect at the
Contractor's facility any data withheld under paragraph (g)(l) of this
clause, or any data specifically used in the performance of this
contract, for the purpose of evaluating work performance or verifying
the Contractor's assertion pertaining to the limited rights or
restricted rights status of the data.
(End of clause)
H.It RIGHTS IH DATA—GENERAL (EPAAR 1552.227-71) (APR 1984) ALTERNATE
I (APR 1984)
(a) Definitions.
•Computer software,' as used in this clause, means computer programs,
computer data bases, and documentation thereof.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
•Data,' aa used in this clause, means recorded information,
regardless of form or the media on which it may be recorded. The term
includes computer software. The term does not include information
incidental to contract administration, such as contract cost analysis
or financial, business, and management information required for
contract administration purposes.
•Porm, fit, and function data," as used in this clause, means data
describing, and sufficient to enable, physical and functional
interchangeability; as well as data identifying source, size,
configuration, mating and attachment characteristics, functional
characteristics, and performance requirements.
•Limited rights,* as used in this clause, means the rights of the
Government in limited-rights data as set forth in the Limited Rights
Notice of paragraph (g)(2) of this clause.
•Limited-eights data,* as used in this clause, means data produced at
private expense that embodies trade secrets or is commercial or
financial and confidential or privileged.
•Restricted computer software,* as used in this clause, means
computer software developed at private expense and that is a trade
secret, or is commercial or financial data which is confidential or
privileged, or is published copyrighted computer software.
•Restricted rights,* as used in this clause, means the rights of the
Government in restricted computer software, as set forth in a
Restricted Rights Notice of paragraph (g)(3) of this clause, or as
otherwise may be provided in a collateral agreement incorporated in and
made part of this contract.
•Unlimited rights,* as used in this clause, means the right of the
Government, without additional cost to the Government, to use,
disclose, reproduce, prepare derivative works, distribute copies to the
public, and perform publicly and display publicly, in any manner and
for any purpose, and to have or permit others to do so.
(b) Allocation of rights.
(1) Except as provided in paragraph (c) of this clause regarding
copyright, the Government shall have unlimited rights in—
(i) Data first produced in the performance of this contract;
(ii) ?ora, fit, and function data delivered under this contract;
(iii) Data delivered under this contract (except for restricted
computer software) that constitutes manuals or instructional and/or
training material; and
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(iv) All other data delivered under this contract unless provided
otherwise for limited-rights data or restricted computer software in
accordance with paragraph (g) of this clause*
(2) The Contractor shall have the right to~
(i) Oae, release to others, reproduce, distribute, or publish any
data first produced or specifically used by the Contractor in the
performance of this contract unless provided otherwise in paragraph (d)
of this clause;
(ii) Protect from unauthorized disclosure and use that data which is
limited-rights data or restricted computer software to the extent
provided in paragraph (g) of this clause;
(iii) Substantiate use of, add or correct limited rights or
restricted rights notices and to take other appropriate action, in
accordance with paragraphs (e) and (f) of this clause; and
(iv) Establish claim to copyright subsisting in data first produced
in the performance of this contract to the extent provided in paragraph
(c)(l) of this clause.
(c) (1) Data first produced in the performance of this contract.
Unless provided otherwise in paragraph (d) of this clause, the
Contractor may establish claim to copyright subsisting in scientific
and technical articles baaed on or derived from data first produced in
the performance of this contract and published in academic, technical,
or professional journals. The prior, express written permission of the
Contracting Officer is required to establish claim to copyright
subsisting in all other data first produced in the performance of this
contract in accordance with EPA Acquisition Regulation
1527.7003(b)(6). When claim to copyright is made, the Contractor shall
affix the applicable copyright notices of 17 O.S.C. 401 or 402 to the
data when such data is delivered to the Government, and include that
notice as well as acknowledgement of Government sponsorship on the data
when published or deposited in the O.S. Copyright Office. The
Contractor grants to the Government, and others acting on its behalf, a
paid-up, nonexclusive, irrevocable worldwide license to reproduce,
prepare derivative works, distribute copies to the public, and perform
publicly and display publicly, by or on behalf of the Government, for
all such data.
(2) Data not first produced in the performance of this contract. The
Contractor shall not, without prior written permission of the
Contracting Officer, incorporate in data delivered under this contract
any data not first produced in the performance of this contract and
which contains the copyright notice of 17 U.S.C. 401 or 402, unless the
Contractor identifies such data and grants to the Government, or
acquires on its behalf, a license of the same scope as set forth in
paragraph (c)(l) of this clause; provided, however, that if such data
ACQUISITION HANDBOOK Volume IX Page 8S.15
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U.S. ENVIRONMENTAL PROTECTION AGENCY
is computer software the Government shall acquire a copyright license
as set forth in paragraph (g)(3) of this clause or aa otherwise nay be
provided in a collateral agreement incorporated in or made part of this
contract.
(3) The Government agrees not to remove any copyright notices placed
on data pursuant to this paragraph (c), and to include such notices on
all reproductions of the data.
(d) Release/ publication and use of data.
(1) The Contractor shall have the right to use, release to others,
reproduce, distribute, or publish any data first produced or
specifically used by the Contractor in the performance of this
contract, subject, however; to the clause at 1552.237-70, Contract
Publication Review Procedure, and the copyright provisions of
paragraphs (c)(l) and (c)(2) of this clause.
(2) The Contractor agrees that to the extent it receives or is given
access to data necessary for the performance of this contract which
contains restrictive markings, the Contractor shall treat the data in
accordance with such markings unless otherwise specifically authorized
in writing by the Contracting Officer.
(e) Unauthorized marking of data. (1) Notwithstanding any other
provisions of this contract concerning inspection or acceptance, if any
data delivered under this contract is marked with the notices specified
in paragraphs (g)(2) or (g)(3) of this clause and use of such is not
authorized by this clause, the Contracting Officer may either return
the data to the Contractor, or cancel or ignore the markings. However,
markings will not be cancelled or ignored unless—
(i) The Contracting Officer makes written inquiry to the Contractor
concerning the propriety of the markings, providing the Contractor 30
days to respond) and
(ii) The Contractor fails to respond within the 30-day period (or a
longer time approved by the Contracting Officer for good cauae shown),
or the Contractor's response fails to substantiate the propriety of the
markings.
(2) The-Contracting Officer shall consider the Contractor's response,
if any, and determine whether the markings shall be cancelled or
ignored. The Contracting Officer shall furnish written notice to the
Contractor of the determination, which shall be a final decision under
the Contract Disputes Act.
(3) The Environmental Protection Agency reserves the right to modify
the above procedures when implementing the Freedom of Information Act
(S O.S.C. 552) if necessary to respond to a request for data thereunder.
ACQUISITION HANDBOOK Volume IX Page 85.16
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(f) Omitted oc incorrect markings. (1) Data delivered to the
Government without any notice authorized by paragraph (g) of this
clause, or without a copyright notice, shall be deemed to have been
furnished with unlimited rights, and the Government assumes no
liability for the disclosure, use, or reproduction of such data.
However, to the extent the data has not been disclosed without
restriction outside the Government, the Contractor may request, within
6 months (or a longer time approved by the Contracting Officer for good
cause shown) after delivery of such data, permission to have notices
placed on qualifying data at the contractor's expense, and the
Contracting Officer may agree to do so if the Contractor—
(i) Identifies the data to which the omitted notice is to be applied)
(ii) Demonstrates that the omission of the notice was inadvertent;
(iii) Establishes that the use of the proposed notice is authorized}
and
(iv) Acknowledges that the Government has no liability with respect
to the disclosure or use of any such data made prior to the addition of
the notice or resulting from the omission of the notice.
(2) The Contracting Officer may also (i) permit correction at the
Contractor's expense, of incorrect notices if the Contractor identifies
the data on which correction of the notice is to be made, and
demonstrates that the correct notice is authorized, or (ii) correct any
incorrect notices.
(g) Protection of limited-rights data and restricted computer
software. (1) When data other than that listed in paragraphs
(b)(l)(i), (ii), and (iii) of this clause is specified to be delivered
under this contract and qualifies as either limited-rights data or
restricted computer software, the Contractor, if it desires to continue
protection of such data, shall withhold such data and not furnish it to
the Government under this contract. As a condition to this
withholding, the Contractor shall identify the data being withheld and
furnish form, fit, and function iata in lieu thereof. Limited-rights
data that is formatted as a computer data base for delivery to the
Government is to be treated as limited-rights data and not restricted
computer software.
(2) Notwithstanding paragraph (g)(l) of this clause, this contract
may identify and specify the delivery of limited-rights data, or the
Contracting Officer may, at any time during contract performance and
for a period of 3 years after acceptance of all items to be delivered
under this contract, require by written request the delivery of
limited-rights data that has been withheld or would otherwise be
withholdable. If delivery of such data is so required, the Contractor
may affix the following "Limited Rights Notice" to the data and the
Government will thereafter treat the data* subject to the provisions of
paragraphs (e) and (f) of this clause, in accordance with such Notice:
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O.S. ENVIRONMENTAL PROTECTION AGENCY
LIMITED RIGBTS NOTICE (APR 1984)
(a) This data is submitted with limited rights under
Government Contract No
(subcontract , if appropriate).
It may be reproduced and used by the Government with
the express limitation that it will not, without
permission of the Contractor, be used for purposes
of manufacture nor disclosed outside the Government;
except that the Government may disclose this data
outside the Government for the following purposes,
provided that the Government makes such disclosure
subject to prohibition against further use and
disclosure:
(1) Use by support service Contractors.
(2) Evaluation by nongovernment evaluator3.
(3) Use by other Contractors participating in the
Government's program of which this contract is a
part, for information and use in connection with the
work performed under their contracts.
(4) Emergency repair or overhaul work.
(S) Release to a foreign government, as the
interests of the Onited States may require, for
information or evaluation, or for emergency repair
or overhaul work by such government.
(b) This Notice shall be marked on any reproduction
of this data, in whole or in part.
(End of Notice)
(3) Notwithstanding paragraph (g)(l) of this clause, this contract
may identify and specify the delivery of restricted computer software,
or the Contracting Officer may, at any time during contract performance
and for a period of 3 years after acceptance of all items to be
delivered under this contract, require by written request the delivery
of restricted computer software that has been withheld. If delivery of
such computer software is so required, the Contractor may affix the
following 'Restricted Rights Notice" to the computer software and the
Government will thereafter treat the computer software, subject to
paragraph* (•> and (f) above, in accordance with the Notice:
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O.S. BNVZRONNBHTAL PROTECTION AGENCY
RBSTRZCTBD RIGHTS NOTZCB (APR 1984)
(a) This computer software is submitted with
restricted rights under Government Contract No.
(and subcontract
, if appropriate). Zt may
not be usedr reproduced, or disclosed by the
Government except as provided below or as otherwise
expressly stated in the contract.
(b) This computer software may be—
(1) Used or copied for use in or with the computer
or computers for which it was acquired* including
use at any Government installation to which such
computer may be transferred!
(2) Oaed with a backup computer if the computer for
which it was acquired is inoperative*
(3) Reproduced for safekeeping (archives) or backup
purposes)
(4) Modified, adapted, or combined with other
computer software, provided that the modified,
combined or adapted portions of the derivative
software incorporating restricted computer software
shall be subject to the same restricted rights; and
(5) Disclosed and reproduced for use by support
Contractors or their subcontractors in accordance
with paragraphs (b)(l) through (4) of this Notice,
provided the Government makes such disclosure
subject to these restricted rights.
(c) Notwithstanding the foregoing, if this computer
software is published copyrighted software, it is
licensed to the Government, without disclosure
prohibitions, with the minimum rights set forth in
paragraph (b) of this Notice.
(d) Any other rights or limitations regarding the
use, duplication or disclosure of this computer
software are to be expressly stated in the contract.
(e) This Notice shall be marked on any reproduction
of this computer software, in whole or in part.
(End of Notice)
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(ii) Where it ia impractical to include the above Notice on
restricted computer software, the following short-fora Notice may be
used in lieu thereof:
RESTRICTED RIGHTS NOTICE
(SHORT FORM) (APR 1984)
Use, reproduction, or disclosure is subject to
restrictions set forth in Contract No
(and subcontract
, if appropriate)
with (name
of Contractor and subcontractor).
(End of Notice)
(h) subcontracting. The contractor has the responsibility to obtain
from its subcontractors all data and rights therein necessary to
fulfill the Contractor's obligations to the Government under this
contract. If a subcontractor refuses to accept terms affording the
Government such rights, the Contractor shall promptly bring such
refusal to the attention of the Contracting Officer and not proceed
with subcontract award without further authorization.
(i) Relationship to patents. Nothing contained in this clause shall
imply a license to the Government under any patent or be construed as
affecting the scope of any license or other right otherwise granted to
the Government.
(j) The Contractor agrees, except as may be otherwise specified in
this contract for specific data items listed as not subject to this
paragraph, that the Contracting Officer or other Federal Government
employee may, at all reasonable times up to 3 years after acceptance of
all items to be delivered under this contract, inspect at the
Contractor's facility any data withheld under paragraph (g)(l) of this
clause, or any data specifically used in the performance of this
contract, for the purpose of evaluating work performance or verifying
the Contractor's assertion pertaining to the limited rights or
restricted rights status of the data.
(End of clause)
1552.227-72 Rights in Data—Special Works.
As prescribed in 1527.700S(c), insert the following clause in
solicitations! and contracts primarily for the production or compilation
of data (other than limited-rights data or restricted computer
software) for the Government's internal use, or when there is a
specific need to limit distribution and use of the data and/or to
obtain indemnity for liabilities that may arise out of the content,
performance, or disclosure of. the data. Acquisitions to which this
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U.S. ENVIRONMENTAL PROTECTION AGENCY
clause applies ace identified in BPAAR 1527.7003(e). The contract may
specify the purposes and conditions (including time limitations) under
which the data may be used* released or reproduced by the Contractor
for other than contract performance* Contracts for the production of
audiovisual works, sound recordings, etc. may include limitations in
connection with talent releases, music licenses, and the like that are
consistent with the purposes for which the data is acquired.
H.It RIGHTS IN DATA—SPECIAL WORKS (BPAAR 1552.227-72) (APR 1984)
(a) Definitions.
•Data,' as used in this clause, means recorded information regardless
of form or medium on which it may be recorded. The term includes
computer software. The terms does not include information incidental
to contract administration, such as contract cost analyses or
financial, business, and management information required for contract
administration purposes.
•Unlimited rights," as used in this clause, means the rights of the
Government to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform publicly and display
publicly in any manner and for any purpose whatsoever, and to have or
permit others to do so.
(b) Allocation of Rights. (1) The Government shall have—-
(i) Unlimited rights in all data delivered under this contract, and
in all data first produced in the performance of this contract, except
as provided in paragraph (c) of this clause.
(ii) The right to limit exercise of claim to copyright in data first
produced in the performance of this contract, and to obtain assignment
of copyright in such data, in accordance with paragraph (c)(l) of this
clause.
(iii) The right to limit the release and use of certain data in
accordance with paragraph (d) of this clause.
(2) The Contractor shall have, to the extent permission is granted in
accordance with paragraph (c)(l) of this clause, the right to establish
claim to copyright subsisting in data first produced in the performance
of this contract.
(c) Copyright.
(1) Data first produced in the performance of this contract.
(i) The Contractor agrees not to assert, establish, or authorize
others to assert or establish, any claim to copyright subsisting in any
data first produced in the performance of this contract without the
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U.S. ENVIRONMENTAL PROTECTION AGENCY
prior written permission of the Contracting Officer. Mhen claim to
copyright is made* the Contractor shall affix the appropriate copyright
notice of 17 O.S.C. 401 or 402 to such data when delivered to the
Government, and include that notice as well as acknowledgement of
Government sponsorship on the data when published or deposited in the
U.S. Copyright Office. The Contractor grants to the Government, and
others acting on its behalf, a paid-up, nonexclusive, irrevocable,
worldwide license to reproduce, prepare derivative works, distribute
copies to the public, and perform publicly and display publicly, by or
on behalf of the Government, for all such data.
(ii) If the Government desires to obtain ownership of copyright in
data first produced in the performance of this contract and permission
has not been granted as set forth in paragraph (c)(l)(i) of this
clause, the Contracting Officer may direct the Contractor to establish,
or authorize the establishment of a claim to copyright in such data and
to assign, or obtain the assignment of, such copyright to the
Government or its designated assignee.
(2) Data not first produced in the performance of this contract. The
Contractor shall not, without prior written permission of the
Contracting Officer, incorporate in data delivered under this contract
any data not first produced in the performance of this contract and
which contains the copyright notice of 17 O.S.C. 401 or 402, unless the
Contractor identifies such data and grants to the Government, or
acquires on its behalf, a license of the same scope as set forth in
paragraph (c)(l) of this clause.
(d) Release and use restrictions. Except as otherwise specifically
provided for in this contract, the Contractor shall not use for
purposes other than the performance of this contract, nor release,
reproduce, distribute or publish any data first produced in the
performance of this contract, nor authorize others to do so, without
written permission of the Contracting Officer.
(e) Indemnity. The Contractor shall indemnify the Government and its
officers, agents, and employees acting for the Government against any
liability, including costs and expenses, incurred as the result of the
violation of trade secrets, copyrights, or right of privacy or
publicity, arising out of the creation, delivery, publication or use of
any data furnished under this contract; or any libelous or other
unlawful matter contained in such data. The provisions of this
paragraph do not apply unless the Government provides notice to the
Contractor as soon as practicable of any claim or suit, affords the
Contractor aa opportunity under applicable laws, rules or regulations
to participate) in the defense thereof, and obtains the Contractor's
consent to the settlement of any suit or claim other than as required
by final decree of a court of competent jurisdiction; and do not apply
to material furnished to the Contractor by the Government and
incorporated in data to which this clause applies.
(End of clause)
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U.S. ENVIRONMENTAL PROTECTION AGENCY
1552.227-73 Rights in Data—Existing Works.
Aa prescribed in 1527.7005(4), insert the following clause in
solicitations and contracts exclusively for the acquisition, without
modification, of existing audiovisual and similar works of the type set
forth in BPAAR 1527.7003(d)(l). The contract may set forth limitations
consistent with the purposes for which the work is being acquired. The
clause at 1552.227-72, Rights in Data—Special Works, shall be used if
existing works are to be modified, as by editing, translation, addition
of subject matter, etc.
H.H RIGHTS IN DATA—EXISTING WORKS (BPAAR 1552.227-73) (APR 1984)
(a) Except as otherwise provided in this contract, the Contractor
grants to the Government, and others acting on its behalf, a paid-up,
nonexclusive, irrevocable, worldwide license to reproduce, prepare
derivative works, distribute to the public, and perform publicly and
display publicly, by or on behalf of the Government, for all the
material or subject matter called for under this contract or for which
this clause is specifically made applicable.
(b) The Contractor shall indemnify the Government and its officers,
agents, and employees acting for the Government against any liability,
including costs and expenses, incurred as the result of (1) the
violation of trade secrets, copyrights, or right of privacy or
publicity, arising out of the creation, delivery, publication or use of
any data furnished under this contract) or (2) any libelous or other
unlawful matter contained in such data. The provisions of this
paragraph do not apply unless the Government provides notice to the
Contractor as soon as practicable of any claim or suit, affords the
Contractor an opportunity under applicable laws, rules or regulations
to participate in the defense thereof, and obtains the Contractor's
consent to the settlement of any suit or claim other than as required
by final decree of a court of competent jurisdiction) and do not apply
to material furnished to the Contractor by the Government and
incorporated in data to which this clause applies.
(End of clause)
1552.227-74 Additional Data Requirements.
As prescribed in 1527.7005(e), insert the following clause in
solicitations and contracts (except those using small purchase
procedures) containing the clause at BPAAR 1552.227-71, Rights in
Data—general. The Contracting Officer may permit the Contractor to
identify data the Contractor does not wish to deliver, and may
specifically exclude in the contract any requirement that such data be
delivered under paragraphs (g)(2) or (g)(3) of the Rights in
Data—General clause or ordered for delivery under the Additional Data
Requirements clause if such data is not necessary to meet the
Government's requirements for data.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
H.M ADDITIONAL DATA REQUIREMENTS (BPAAR 1552.227-74) (APR 1984)
(a) In addition to the data (as defined in the Rights in
Data—General clause included in this contract) specified elsewhere in
this contract to be delivered, the Contracting Officer may at any tine
during contract performance or within a period of 3 years after
acceptance of all items to be delivered under this contract, order any
data first produced or specifically used in the performance of this
contract.
(b) The Rights in Data—General clause included in this contract is
applicable to all data ordered under this Additional Data Requirements
clause. Nothing contained in this clause shall require the Contractor
to deliver any data which is specifically identified in this contract
as not subject to this clause.
(c) When data is to be delivered under this clause, the Contractor
will be compensated Cor converting the data into the prescribed form,
for reproduction, and for delivery.
(d) The Contracting Officer may release the Contractor from the
requirements of this clause for specifically identified data items at
any time during the 3-year period set forth in paragraph (a) of this
clause.
(End of clause)
1552.227-75 Rights in Data Developed under Small Business Innovative
Research (SBIR) Contracts.
As prescribed in 1527.700S(h), insert the following clause in Small
Business Innovative Research solicitations and contracts.
H.ll RIGHTS IN DATA DEVELOPED UNDER SMALL BUSINESS INNOVATIVE RESEARCH
(SBIR) CONTRACTS (EPAAR 1552.227-75) (APR 1984)
All rights to data, including computer software, developed under the
terms of this contract sha.'l remain with the Contractor, except that
the Government shall have the limited right to use such data, including
computer software, for Government purposes and shall not have the right
to release such data or software outside the Government without
permission of the Contractor for a period of two years from completion
of the project under which the data or software was generated.
However, effective at the conclusion of the two-year period, the
Government shall retain a royalty free license for Government use of
any data or software delivered under this contract, even if it is
patented or copyrighted.
(End of clause)
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BPS2.227-120 Designation of Patent Counsel.
Insert the following clause when the contract contains patent
provisions.
G.I* DESIGNATION OP PATENT COUNSEL (EP52.227-120) (APR 1984)
The Patent Counsel* Office of General Counsel, EPA, Washington, D.C.,
is the authorized representative of the Contracting Officer on matters
relating to the patents and inventions clauses. The Contractor shall
send all correspondence relating to these clauses to the patent advisor
with a copy to the Contracting Officer.
(End of clause) (Derived from Acq Hdbk, G14)
52.228-01 Bid Guarantee (APR 1984).
As prescribed in PAR 28.101-3(b), insert the clause in solicitations
and contracts that contain a requirement for a bid guarantee. A clause
substantially the same as this may be used for negotiated contracts.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.228-02 Additional Bond Security (APR 1984).
As prescribed in PAR 28.106-4, insert the clause in solicitations and
contracts when bonds are required.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.228-04 Workers' Compensation and War-Hazard Insurance (APR 1984).
As prescribed in PAR 28.309(b), insert the clause in solicitations
and contracts when the contract will be a public-work contract
performed outside the Onited States and the Secretary of Labor waives
the applicability of the Defense Base Act (see PAR 28.30S(d)).
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.228-05 Insurance—Work on a Government Installation (APR 1984).
As prescribed in PAR 28.310, insert the clause in solicitations and
contracts whan a fixed-price contract is contemplated, the contract
amount is expected to be over the appropriate small purchase limitation
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U.S. ENVIRONMENTAL PROTECTION AGENCY
in PAR Part 13, and the contract will require work on a Government
installation, unless (a) only a small amount of work is required on the
Government installation (e.g., a few brief visits per month); or (b)
all work on the Government installation is to be performed outside the
United States, its possessions, and Puerto Rico. The Contracting
Officer may insert the clause in solicitations and contracts described
in (a) and (b) above if it is in the Government's interest to do so.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.228-06 Insurance—Immunity from Tort Liability (APR 1984).
As prescribed in PAR 28.311-1, insert the provision in solicitations
for research and development when a cost-reimbursement contract is
contemplated, unless the Head of the Contracting Activity waives the
requirement for use of the clause at PAR 52.228-7, Insurance—Liability
to Third Persons.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.228-07 Insurance—Liability to Third Persons (APR 1984).
As prescribed in PAR 28.311-2, insert the clause in solicitations and
contracts, other than construction contracts and those for
architect-engineer services, when a cost-reimbursement contract is
contemplated unless the Head of the Contracting Activity waives the
requirement for use of the clause.
ALTERNATE I is to be used if the solicitation includes the provision
at PAR 52.228-6, Insurance—Immunity from Tort Liability, and the
successful offerer represents in the offer that the offerer is
partially immune from tort liability as a State agency or as a
charitable institution.
ALTERNATE XX is to be used if the solicitation includes the provision
at PAR 52.228-6, Insurance—Immunity from Tort Liability, and the
successful offerer represents in the offer that the offerer is totally
immune) from tort liability as a State agency or as a charitable
institution.
This provision or clause and its Alternate! s) may be incorporated
into procurement documents by reference—see the PAR for the text.
52.228-10 Vehicular and General Public Liability Insurance (APR 1984).
As prescribed in 28.313(b), insert a clause substantially the same as
in the PAR in solicitations and contracts for transportation or for
transportation-related services when the Contracting Officer determines
that vehicular liability or general public liability insurance required
by law is not sufficient.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
This provision or clause oust be incorporated into procurement
document* in "Full Text." The provision or clause also contains blanks
which nut bo filled in when it is used in a procurement document. See
the FAR for the text.
1552.228-70 Insurance—Liability to Third Persons—Commercial
Organisations.
As prescribed in 1528.311-70, insert the following contract clause in
contracts with commercial organizations when routine (nonemergency)
removal or remedial action is being undertaken pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act.
H.»* INSURANCE—LIABILITY TO THIRD PERSONS—COMMERCIAL ORGANIZATIONS
(EPAAR 1552.228-70) (APR 1984)
(a) The Contractor shall procure and maintain such insurance as is
required by law or regulation, including that required by PAR Part 28,
in effect as of the date of execution of this contract, and any such
insurance as the Contracting Officer may, from time to time, require
with respect to performance of this contract.
(b) At a minimum, the Contractor shall procure and maintain the
following types of insurances
(1) Workmen's compensation and occupational disease insurance in
amounts to satisfy State law*
(2) Employer's liability insurance in the minimum amount of $100,000
per occurrence;
(3) Comprehensive general liability insurance for bodily injury,
death or loss of or damage to property of third persons in the minimum
amount of $1,000,000 per occurrence;
(4) When vessels are used in the performance of the contract, vessel
collision liability and protection and indemnity liability insurance in
such amounts a* the Contracting Officer may require or approves
provided, that the Contractor may, with the approval of the Contract-
ing Officer, maintain a self-insurance program. All insurance required
pursuant, to the provisions of this paragraph shall be in such form and
for suflh period* of time as the Contracting Officer may, from time to
time, require or approve and with insurers approved by the Contracting
Officer.
(c) The Contractor agrees, to the extent and in the manner required
by the Contracting Officer, to submit for the approval of the Contract-
ing Officer any other.- insurance maintained by the Contractor in
connection with the performance of this contract and for which the
Contractor seeks reimbursement hereunder.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(d) The Contractor shall be reimbursed, for the portion allocable to
this contract/ the reasonable cost of insurance (including reserves for
self-insurance) as required or approved pursuant to the provisions of
this contract clause.
(e) The Government will hold harmless and indemnify the Contractor
against claims (including expenses of litigation or settlement) by
third persons (including employees of the Contractor) for death, bodily
injury, or loss of or damage to property arising out of performance of
this contract, to the extent that such a claim is not compensated by
insurance or otherwise. Any such claim within deductible amounts of
the Contractor's insurance will not be covered under this contract
clause. Reimbursement for such liabilities to third persons will not
cover liabilities for which the Contractor has failed to insure as
required or to maintain insurance as approved by the Contracting
Officer. The Contractor shall not be reimbursed for liabilities (and
expenses incidental to such liabilities) that result from willful
misconduct or lack of good faith on the part of any of the Contractor's
directors, officers, managers, superintendents, or other
representatives who have supervision or direction of--
(i) All or substantially all of the Contractor's businessi
(ii) All or substantially all of the Contractor's operations at any
one plant or separate location in which this contract is being
performed; or
(iii) A separate and complete major industrial operation in
connection with the performance of this contract.
(f) The Government may discharge its liability under this contract
clause by making payments directly to the Contractor or directly to
parties to whoa the Contractor may be liable.
(g) With the prior written approval of the Contracting Officer, the
Contractor may include in any subcontract under this contract the same
provisions in this clause whereby the Contractor shall indemnify the
subcontractor. Such a subcontract shall provide the same rights and
dutier and the same provisions for notice, furnishings of evidence or
proof, and the like* between the Contractor and the subcontractor as
are established by this clause. Similar indemnification may be
provided for subcontractors at any time upon the same terms and condi-
tions. Subcontracts providing for indemnification within the purview
of this contract clause shall provide for prompt notification to the
Contractor which is covered by this contract clause, and shall entitle
the Government, at its election, to control or assist in the settlement
or defense of any such claim or action. The Government will indemnify
the Contractor with respect to his obligations to subcontractors under
such subcontract provisions. The Government may discharge its
obligations under this paragraph by making payments directly to
subcontractors or to parties to whom the subcontractors may be liable.
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U.S. ENVIRONMENTAL PROTECTION AGBNCY
(h) If insurance coverage required or approved by the Contracting
Officer is reduced without the Contracting Officer's approval, the
liability of the Government under this contract clause will not be
increased by reason of such reduction.
(i) The Contractor shalli
(1) Promptly notify the Contracting Officer of any claim or action
against the Contractor or any subcontractor which reasonably nay be
expected to involve indemnification under this contract clause;
(2) Furnish evidence or proof of any claim covered by this contract
clause in the manner and form required by the Government; and
(3) Immediately furnish the Government copies of all pertinent papers
received by the Contractor. The Government may direct, control, or
assist the settlement or defense of any such claim or action. The
Contractor shall comply with the Government's directions, and execute
any authorizations required in regard to such settlement or defense.
(j) Reimbursement for any liabilities under this contract clause will
not exceed appropriations available at the time such liabilities are
represented by final judgments or by settlements approved in writing by
the Government. This agreement to reimburse the Contractor for certain
liabilities will not be interpreted as implying that Congress will, at
a later date, appropriate funds sufficient to meet deficiencies.
(End of clause)
1552.228-71 Insurance—Liability to Third Persons—State or Local
Governments.
As prescribed in 1528.311-70, insert the following contract clause in
contracts with State or local Governments when routine (nonemergency)
removal or remedial action is being undertaken pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act.
H. ft INSURANCE—LIABILITY TO THIRD PERSONS—STATE OR LOCAL GOVERNMENTS
(BPAAR 1552.228-71) (APR 1984)
(a) Th» Contractor shall procure and maintain such insurance as the
Contracting Officer may, from time to time, require with respect to
performance of this contract.
(b) The Contractor agrees, to the extent and in the manner required
by the Contracting Officer, to submit for the approval of the Contract-
ing Officer any other insurance maintained by the Contractor in
connection with the performance of this contract (including any self-
insurance) and for which the Contractor seeks reimbursement hereunder.
(c) The Contractor shall be reimbursed, for the portion allocable to
this contract, the reasonable cost of insurance (including reserves for
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U.S. ENVIRONMENTAL PROTECTION AGENCY
self-insurance) as required or approved pursuant to the provisions of
this contract clause.
(d) The Federal Government will hold harmless and indemnify the
Contractor against claims (including expenses of litigation or settle-
ment) by third persons (including employees of the Contractor) for
death, bodily injury, or loss of or damage to property arising out of
performance of this contract, to the extent that such a claim is not
compensated by insurance or otherwise. Any such claim within deduct-
ible amounts of the Contractor's insurance will not be covered under
this contract clause. Reimbursement for such liabilities to third
persons will not cover liabilities for which the Contractor has failed
to insure as required or to maintain insurance as approved by the
Contracting Officer. The Contractor shall not be reimbursed for
liabilities (and expenses incidental to such liabilities) that result
from willful misconduct or lack of good faith on the part of any of the
Contractor's directors, officers, managers, superintendents, or other
representatives who have supervision or direction of—
(i) All or substantially all of the Contractor's business)
(ii) All or substantially all of the Contractor's operations at any
one plant or separate location in which this contract is being
performed* or
(lii) A separate and complete major industrial operation in
connection with the performance of this contract.
(e) The Federal Government may discharge its liability under this
contract clause by making payments directly to the Contractor or
directly to parties to whom the Contractor may be liable.
(f) With the prior written approval of the Contracting Officer, the
Contractor may include in any subcontract under this contract the same
provisions in this contract clause whereby the Contractor shall
indemnify the subcontractor. Such a subcontract shall provide the same
rights and duties and the sane provisions for notice, furnishing of
evidence or proof, and the like, between the Contractor and the subcon-
tractor as are established by this contract clause. Similar indemnifi-
cation may be provided for subcontractors at any tier upon the same
terns sad conditions. Subcontracts providing for indemnification
within the) purview of this contract clause shall provide for prompt
notification to the Contracting Officer of any claim or action against
the subcontractor which is covered by this contract clause, and shall
entitle the Government, at its election, to control or assist in the
settlement or defense of any such claim or action. The Federal
Government will indemnify the Contractor with respect to its obliga-
tions to subcontractors under such subcontract provisions. The Federal
Government may discharge its obligations under this paragraph by making
payments directly to subcontractors or to parties to whom the subcon-
tractors may be liable.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(g) If insurance coverage required or approved by the Contracting
Officer is reduced without the Contracting Officer's approval, the
liability of the Government under this contract clause will not be
increased by reason of such reduction.
(h) The Contractor shall:
(1) Promptly notify the Contracting Officer of any claim or action
against the Contractor or any subcontractor which reasonably may be
expected to involve indemnification under this contract clause;
(2) Furnish evidence or proof of any claim covered by this contract
clause in the manner and form required by the Federal Government; and
(3) Immediately furnish the Federal Government copies of all pertinent
papers received by the Contractor. The Government may direct, control,
or assist the settlement or defense of any such claim or action. The
Contractor shall comply with the Federal Government's directions, and
execute any authorizations required in regard to such settlement or
defense.
(i) Reimbursement for any liabilities under this contract clause will
not exceed appropriations available at the time such liabilities are
represented by final judgments or by settlements approved in writing by
the Federal Government. This agreement to reimburse the Contractor for
certain liabilities will not be interpreted as implying that Congress
will, at a later date, appropriate funds sufficient to meet
deficiencies.
(End of clause)
1552.228-72 Insurance—Liability to Third Persons—Commercial
Organizations (Emergency).
As prescribed in 1528.311-70, insert the following contract clause in
contracts with commercial organizations when emergency response to
hazardous substance releases or potential releases are being undertaken
pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act.
R.tt INSURANCE—LIABILITY TO THIRD PERSONS—COMMERCIAL ORGANIZATIONS
(EMERGENCY) (EPAAR 1552.228-72) (APR 1984)
(a) The Contractor shall procure and maintain such insurance as is
required by lav or regulation, including that required by FAR Part 28
in effect as of the date of execution of this contract, and any such
insurance as the Contracting Officer may, from time to time, require
with respect to performance of this contract.
(b) At a minimum, the Contractor shall procure and maintain the
following types of insurances
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(1) Workman's compensation and occupational disease insurance in
amounts to satisfy state law;
(2) Employer's liability insurance;
(3) Comprehensive general liability (bodily injury) insurance;
(4) Comprehensive automobile liability (bodily injury and property
damage) insurance;
(5) when aircraft are used in the performance of the contract,
aircraft public and passenger liability insurance; and
(6) When vessels are used in the performance of the contract, vessel
collision liability and protection and indemnity liability insurance:
Provided, that the Contractor may maintain a self-insurance program.
(c) The Contractor shall be reimbursed, for the portion allocable to
this contract, the reasonable cost of insurance maintained by the
Contractor, including reserves for self-insurance.
(d) The Government will hold harmless and indemnify the Contractor
against claims (including expenses of litigation or settlement) by
third persons (including employees of the Contractor) for death, bodily
injury, or loss of or damage to property arising out of performance of
this contract, to the extent that such a claim is not compensated by
insurance or otherwise. Any such claim within deductible amounts of
the Contractor's insurance will not be covered under this contract
clause. The Contractor shall not be reimbursed for liabilities (and
expenses incidental to such liabilities) that result from willful
misconduct or lack of good faith on the part of any of the Contractor's
directors, officers, managers, superintendents, or other
representatives who have supervision or direction of—
(i) All or substantially all of the Contractor's business;
(ii) All or substantially all of the Contractor's operations at any
one plant or separate location in which this contract is being
performed} or
(iii) A separata and complete major industrial operation in
connection with the performance of this contract.
(e) The Government may discharge its liability under this contract
clause by making payments directly to the Contractor or directly to
parties to whoa the Contractor may be liable.
(f) The Contractor may include in any subcontrtact under this
contract the same provisions in this contract clause whereby the
Contractor shall indemnify the subcontractor. Such a subcontract shall
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U.S. ENVIRONMENTAL PROTECTION AGENCY
provide the same rights and duties and the same provisions for notice,
furnishing of evidence or proof, and the like, between the Contractor
and the subcontractor as are established by this contract clause.
Similar indemnification may be provided for subcontractors at any tier
upon the same terms and conditions. Subcontracts providing for indem-
nification within the purview of this contract clause shall provide for
prompt notification to the Contracting Officer of any claim or action
against the subcontractor which is covered by this contract clause, and
shall entitle the Government, at its election, to control or assist in
the settlement or defense of any such claim or action. The Government
will indemnify the Contractor with respect to his obligations to
subcontractors under such subcontract provisions. The Government may
discharge its obligations under this paragraph by making payments
directly to subcontractors or to parties to whom the subcontractors may
be liable.
(g) If insurance maintained by the Contractor is reduced, the liabil-
ity of the Government under this contract clause will not be increased
by reason of such reduction.
(h) The Contractor shall:
(1) Promptly notify the Contracting Officer of any claim or action
against the Contractor or any subcontractor which reasonably may be
expected to involve indemnification under this contract clause;
(2) Furnish evidence or proof of any claim covered by this contract
clause in the manner and form required by the Government; and
(3) Immediately furnish the Government copies of all pertinent papers
received by the Contractor. The Government may direct, control, or
assist the settlement or defense of any such claim or action. The
Contractor shall comply with the Government's directions, and execute
any authorizations required in regard to such settlement or defense.
(i) Reimbursement for any liabilities under this contract clause will
not exceed appropriations available at the time such liabilities are
represented by final judgments or by settlements approved in writing by
the Government. This agreement to reimburse the Contractor for certain
liabilities shall not be interpreted as implying that Congress will, at
a later date, appropriate funds sufficient to meet deficiencies.
(End of clause)
1552.228-73 Insurance—Liability to Third Persons—State or Local
Governments (Emergency).
As prescribed in 1528.311-70, insert the following contract clause in
contracts with State or local governments when emergency response to
hazardous substance releases or potential releases are being undertaken
pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act.
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H.It INSURANCE—LIABILITY TO THIRD PERSONS—STATE OR LOCAL GOVERNMENTS
(EMERGENCY) (EFAAR 1552.228-73) (APR 1984)
(a) The Contractor shall be reimbursed, for the portion allocable to
this contract, the reasonable cost of insurance maintained by the
Contractor, including reserves for self-insurance.
(b) The Federal Government will hold harmless and indemnify the
Contractor against claims (including expenses of litigation or
settlement) by third persons (including employees of the Contractor)
for death, bodily injury, or loss of or damage to property arising out
of performance of this contract, to the extent that such a claim is not
compensated by insurance or otherwise. Any such claim within deduct-
ible amounts of the Contractor's insurance will not be covered under
this contract clause. The Contractor shall not be reimbursed for
liabilities (and expenses incidental to such liabilities) that result
from willful misconduct or lack of good faith on the part of any of the
Contractor's directors, officers, managers, superintendents, or other
representatives who have supervision or direction of—
(i) All or substantially all of the Contractor's business;
(ii) All or substantially all of the Contractor's operations at any
one plant or separate location in which this contract is being
performed;.or
(iii) A separate and complete major industrial operation in
connection with the performance of this contract.
(c) The Federal Government may discharge its liability under this
contract clause by making payments directly to the Contractor or
directly to parties to whom the Contractor may be liable.
(d) The Contractor may include in any subcontract under this contract
the same provisions in this contract clause whereby the Contractor shall
indemnify the subcontractor. Such a subcontract shall provide the same
rights and duties and the same provisions for notice, furnishing of
evidence or proof, and the like, between the Contractor and the
subcontractor as are established by this contract clause. Similar
indemnification may be provided for subcontractors at any tier upon the
same terms and conditions. Subcontracts providing for indemnification
within the purview of this contract clause shall provide for prompt
notification to the Contracting Officer of any claim or action against
the subcontractor which is covered by this contract clause, and shall
entitle the Government, at its election, to control or assist in the
settlement or defense of any such claim or action. The Federal
Government will indemnify the Contractor with respect to its obliga-
tions to subcontractors under such subcontract provisions. The Federal
Government may discharge its obligations under this paragraph by making
payments directly to subcontractors or to parties to whom the subcon-
tractors may be liable.
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U.S. BNVZROMMBNTAL PROTECTION AGENCY
(e) If insurance maintained by the Contractor is reduced, the liability
of the Federal Government under this contract clause shall not be
increased by reason of such reduction.
(f) The Contractor shallt
(1) Promptly notify the Contracting Officer of any claim or action
against the Contractor or any subcontractor which reasonably may be
expected to involve indemnification under this contract clause;
(2) Furnish evidence or proof of any claim covered by this contract
clause in the manner and form required by the Federal Government; and
(3) Immediately furnish- the Federal Government copies of all perti-
nent papers received by the Contractor. The Government may direct,
control, or assist the settlement or defense of any such claim or
action. The Contractor shall comply with the Federal Government's
directions, and execute any authorisations required in regard to such
settlement or defense.
(g) Reimbursement for any liabilities under 'this contract clause will
not exceed appropriations available at the time such liabilities are
represented by final judgments or by settlements approved in writing by
the Federal Government. This agreement to reimburse the Contractor for
certain liabilities will not be interpreted as implying that Congress
will, at a later date, appropriate funds sufficient to meet
deficiencies.
(Bad of clause)
52.229-01 State and Local Taxes (APR 1984).
As prescribed in FAR 29.401-1, insert the clause in solicitations and
contracts for leased equipment, when a fixed-price indefinite-delivery
contract is contemplated, the contract will be performed wholly or
partly within the United States, its possessions, or Puerto Rico, and
the place or places of delivery are not known at the time of
contracting.
This provision or clause may be incorporated into procurement
doooBMBta by reference—see the FAR for the text.
52.229-02 North Carolina State and Local Sales and Use Tax (APR 1984).
As prescribed ia FAR 29. 401-2, insert the clause ia solicitations and
contracts for construction to be performed in North Carolina.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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U.S. ENVXROMMBNTAL PROTECTION AGENCY
52.229-03 Federal, State, and Local Taxes (APR 1984).
As prescribed in PAR 29.401-3, insert the clause in solicitations and
contracts if the contract is to be performed wholly or partly within
the United States, its possessions, or Puerto Rico (a) when contracting
by formal advertising, unless the requirement is for construction and
the contract amount is expected to be less than the applicable small
purchase limitation in PAR Part 13, or (b) when contracting by
negotiation, if a fixed-price contract is contemplated and the contract
amount is expected to be over the applicable small purchase limitation
in PAR Part 13, unless the clause at PAR 52.229-4, Pederal, State, and
Local Taxes (Moncompetitive Contract), is included in the contract.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.229-04 Pederal, State, and Local Taxes (Moncompetitive Contract)
(APR 1984).
As prescribed in PAR 29.401-4, insert the clause in fixed-price
noncompetitive negotiated contracts over the applicable small purchase
limitation in PAR Part 13 to be performed wholly or partly within the
United States, its possessions, or Puerto Rico when the Contracting
Officer is satisfied (a) that the contract price does not include
contingencies for State and local taxes and (b) that, unless the clause
is used, the contract price will include such contingencies. When the
clause is included in a contract, the Contracting Officer shall ensure
that the contract does not include the clause at PAR 52.229-3, Pederal,
State, and Local Ta
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.229-05 Taxes—Contracts Performed in U.S. Possessions or Puerto
Rico (APR 1984).
As prescribed ia PAR 29.401-5, insert the clause in solicitations and
contracts that include the clause at PAR 52.229-3, Pederal, State, and
Local Taxes, or PAR 52.229-4, Pederal, State, and Local Taxes
(Noncompttitive Contract).
This provision or clause may be incorporated into procurement
by reference—see the PAR for the text.
52.230-02 Cost Accounting Standards Notices and Certification
(Nondefense) (APR 1984).
As prescribed ia PAR 30.303-l(b), insert the provision in
solicitations for proposed nondefense contracts that do not meet the
criteria for CAS exemption ia PAR 30.301.
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This provision or clause must be incorporated into procurement
documents in "Full Text"--see the FAR for the text.
52.230-03 Cost Accounting Standards (APR 1984).
As prescribed in FAR 30.303-2(a)(l), insert the clause in negotiated
contracts, unless the contract is exempted (see FAR 30.301), the
contract is subject to modified coverage (see FAR 30.302), or the
clause at FAR 52.230-6 is used.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.230-04 Administration of Coat Accounting Standards (APR 1984).
As prescribed in FAR 30.303-2(b)(l), insert the clause in
solicitations and contracts containing either the clause at FAR
52.230-3, Cost Accounting Standards, or the clause at FAR 52.230-5,
Disclosure and Consistency of Cost Accounting Practices.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.230-05 Disclosure and Consistency of Cost Accounting Practices (APR
1984).
As prescribed in FAR 30.303-2(c)(l), insert the clause in negotiated
contracts when the contract amount is over (100,000 but less than $10
million and the offerer certifies that it is eligible for and elects to
use modified CAS coverage (see FAR 30.302), unless the clause at FAR
52.230-6 is used.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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EP52.231-100 Direct Travel Costs (APR 1984)
Insert the following clause in contracts with cost-reimbursement
elements when circumstances dictate the use of cost element ceilings.
B.#f DIRECT TRAVEL COSTS (EP52.231-100) (APR 1984)
Travel costs in excess of $ are not allowable as a charge
to this contract without prior written approval of the Contracting
Officer.
(End of clause) (Derived from Acq HdbJc, BID
EP52.231-110 Other Direct Costs (APR 1984).
Insert the following clause in contracts with cost-reimbursement
elements when circumstances dictate the use of cost element ceilings.
B.## OTHER DIRECT COSTS (EP52.231-110) (APR 1984)
Direct costs, other than direct labor costs, in excess of $
are not allowable as a charge to this contract without prior written
approval of the Contracting Officer.
(End of clause) (Derived from Acq HdbJc, B12)
52.232-01 Payments (APR 1984).
As prescribed in FAR 32.111(a)(1), insert the clause, appropriately
modified with respect to payment due date in accordance with agency
regulations, in solicitations and contracts when a fixed-price
contract, a fixed-price service contract, or a contract for
nonregulated communication services is contemplated.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.232-02 Payments under Fixed-Price Research and Development
Contracts (APR 1984).
A* prescribed in FAR 32.111(a) (2), insert the ' clause, as
appropriately modified with respect to payment due dates in accordance
with agency regulations, in solicitations and contracts when a
fixed-price research and development contract is contemplated.
This provision or.- clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.232-05 Payments under Fixed-Price Construction Contracts (APR 1984).
As prescribed in FAR 32.Ill(a)(5), insert the clause, appropriately
modified with respect to payment due dates in accordance with agency
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regulations, in solicitations and contracts for construction when a
fixed-price contract is contemplated.
This provision or clause nay be incorporated into procurement
documents by reference—see the FAR for the text.
52.232-07 Payments under Time-and-Naterials and Labor-Hour Contracts
(APR 1984).
As prescribed in FAR 32.111(b), insert the clause, appropriately
modified with respect to payment due dates in accordance with agency
regulations, in solicitations and contracts when a time-and-materials
contract or a labor-hour contract is contemplated.
ALTERNATE I is to be used if the nature of the work to be performed
requires the Contractor to furnish material that is regularly sold to
the general public in the normal course of business by the Contractor,
and the price is under the limitations prescribed in FAR 16.601(b)(3).
This provision or clause and its Alternate(s) may be incorporated
into procurement documents by reference—see the FAR for the text.
52.232-08 Discounts for Prompt Payment (APR 1984).
As prescribed in FAR 32.111(c)(1), insert the clause, appropriately
modified with respect to payment due dates in accordance with agency
regulations, in solicitations and contracts when a fixed-price supply
contract or fixed-price service contract is contemplated.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.232-09 Limitation on Withholding of Payments (APR 1984).
As prescribed in FAR 32.Ill(c)(2), insert a clause substantially as
in FAR, appropriately modified with respect to payment due dates in
accordance with agency regulations, in solicitations and contracts when
a supply contract, service contract, time-and-materials contract,
labor-hour contract, or research and development contract is
contemplated that includes two or more terms authorizing the temporary
withholding of amounts otherwise payable to the Contractor for supplies
delivered or services performed.
Thi* provision or clause may be incorporated into procurement
documents by reference—sqe the FAR for the text.
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52.232-10 Payments under Fixed-Price Architect-Engineer Contracts (APR
1984).
As prescribed in FAR 32.Ill(d)(1), insert a clause, appropriately
modified with respect to payment due dates in accordance with agency
regulations, in fixed-price architect-engineer contracts.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.232-11 Extras (APR 1984).
As prescribed in FAR 32.111(d)(2), insert the clause, appropriately
modified with respect to payment due dates in accordance with agency
regulations, in. solicitations and contracts when a fixed-price supply
contract, fixed-price service contract, or transportation contract is
contemplated.
This provision or clause may be incorporated iato procurement
documents by reference—see the FAR for the text.
52.232-12 Advance Payments (APR 1984).
As prescribed in FAR 32.412(a), insert the clause ia solicitations
and contracts- under which the Government will provide advance payments,
except as provided in FAR 32.412(b).
ALTERNATE I is to be used if the agency desires to waive the
countersignature requirement because of the Contractor's financial
strength, good performance record, and favorable experience concerning
cost disallowances, add the sentence, if appropriate, to paragraph (b)
of the basic clause from FAR.
ALTERNATE IX is to be used if used in a cost-reimbursement contract.
ALTERNATE ZZZ is to be used if the agency considers a more rapid
liquidation appropriate.
ALTERNATE 17 is to be used if the agency provides advance payments
under the contract at no interest to the prime Contractor.
This provision or clause and its Alternate(s) must.be, incorporated
iato procurement documents in "Full Text." The provision or clause and
certain Alternates contain blanks which must be filled ia when they are
used ia a procurement document. See the FAR for the text.
52.232-13 Notice of Progress Payments (APR 1984).
As prescribed ia FAR 32.502-3(a); insert the provision ia invitations
for bids and requests for proposals that include a Progress Payments
clause.
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This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.232-14 Notice of Availability of Progress Payments Exclusively for
Small Business Concerns (APR 1984).
As prescribed in PAR 32.502-3(b)(2), insert the provision in
invitations for bids if it is anticipated that (a) both small business
concerns and others may submit bids in response to the same invitation
and (b) only the small business bidders would need progress payments.
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.232-15 Progress Payments Not Included (APR 1984).
As prescribed in PAR 32.502-3(c), insert the provision in invitations
for bids if the solicitation will not contain one of the provisions
prescribed in PAR 32.502-3(4) and (b).
This provision or clause may be incorporated into procurement
documents by reference—see the PAR for the text.
52.232-16 Progress Payments (APR 1984).
(a) (1) As prescribed in PAR 32.502-4(a), insert the clause in
solicitations and fixed-price contracts under which the Government will-
provide progress payments based on costs. A different customary rataK
for other than small business concerns may be substituted in accordances
with PAR 32.501-1 for the progress payment and liquidation rate
indicated.
(2) If an unusual progress payment rate is approved for the prime
Contractor (see PAR 32.501-2), the rate approved shall be substituted
for the customary rate in paragraph (a)(l).
(3) If the liquidation rate is changed from the customary progress
payment rate (see PAR 32.503-8 and 32.503-9), the new rate shall be
substituted for the rate in paragraph (a)(4), (a)(5), and (b).
(4) Zf advance and progress payments are authorized in the same
contract, the words "less any unliquidated advance payments" may be
deleted from paragraph (a)(4) of this clause.
(5) If an unusual progress payment rate is approved for a subcontract
(see PAR 32.504(b) and 32.501-2), subparagraph (j)(4) shall be modified
to specify the new rate, the name of the subcontractor, and that the
new rate shall be used for that subcontractor in lieu of the customary
rate.
(b) Alternate I is to be used if the contract is with a small
business concern.
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(e) This provision or clause and Alternate I may be incorporated into
procurement documents by reference—see the FAR for the text.
S2.'232-16 Progress Payments (APR 1984). ALTERNATE II (APR 1984).
If the contract is a letter contract, the basic Progress Payments
clause in FAR 52.232-16 is to be altered as specified in FAR.
This clause and Alternate IX must be incorporated into procurement
documents in "Full Text." Both contain blanks which must be filled in
when used in a procurement document. See the FAR for the text.
52.232-17 Interest (APR 1984).
As prescribed in FAR 32.617(a), insert the clause in solicitations
and contracts unless it is contemplated that the contract will be in
one or more of the categories specified in FAR 32.617(a)(l) through
32.617(a) (7). AS prescribed in FAR 32.617(b), the clause may be
inserted in solicitations and contracts when it is contemplated that
the contract will be in any of the categories specified in FAR
32.617(a)(l) through 32.617(a)(7).
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.232-18 Availability of Funds (APR 1984).
As prescribed in FAR 32.705-l(a), insert the clause in solicitations
and contracts if the contract will be chargeable to funds of the new
fiscal year and the contracting action is to be initiated before the
funds are available.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.232-19 Availability of Funds for the Next Fiscal Year (APR 1984).
A* prescribed in FAR 32.705-1 (b), insert the clause in solicitations
and contracts if a one-year indefinite-quantity or requirements
contract for services is contemplated and the contract (a) is funded by
annual appropriations and (b) is to extend beyond the initial fiscal
year (see FAR 32.703-2(b)).
This provision or clause must be incorporated into procurement
documents in "Full Text." The provision or clause also contains blanks
which must be filled in when it is used in a procurement document. See
the FAR for the text.
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52.232-20 Limitation of Cost (APR 1984).
As prescribed in FAR 32.705-2(a), insert the clause in solicitations
and contracts if a fully funded cost-reimbursement contract is
contemplated, except those for consolidated facilities, facilities
acquisition, or facilities use, whether or not the contract provides
for payment of a fee. The 60-day period may be varied from 30 to 90
days and the 75 percent from 75 to 85 percent. "Task Order" or other
appropriate designation may be substituted for "Schedule" wherever that
word appears in the clause.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.232-22 Limitation of Funds (APR 1984).
As prescribed in FAR 32.705-2(c), insert the clause in solicitations
and contracts if an incrementally funded cost-reimbursement contract is
contemplated. The 60-day period may be varied from 30 to 90 days and
the 75 percent from 75 to 85 percent. "Task Order" or other
appropriate designation may be substituted for "Schedule" wherever that
word appears in the clause.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
52.232-23 Assignment of Claims (APR 1984).
As prescribed in FAR 32.806(a)(l), insert the clause in solicitations
and contracts when the contract amount is expected to be $1,000 or
more, unless the contract will prohibit the assignment of claims (see
FAR 32.803(b)). The use of this clause is not required for purchase
ordrs. However, the clause may be used in purchase orders for $1,000
or more that are accepted in writing by the Contractor, if such use is
consistent with agency policies and regulations.
ALTERNATE I is to be used if a no-setoff commitment is to be included
in the contract (see FAR 32.801 and 32.803(d)).
This provision or clause and its Alternate(s) may be incorporated
into procurement documents by reference—see the FAR for the text.
52.232-24 Prohibition of Assignment of Claims (APR 1984).
As prescribed in FAR 32.806(b), insert the clause in solicitations
and contracts for which a determination has been made under agency
regulations that the prohibition of assignment of claims is in the best
interests of the Government.
This provision or clause may be incorporated into procurement
documents by reference—see the FAR for the text.
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1552.232-70 Application of Prompt Payment Act—Contracts with JKverfce,
Progress, or Provisional Payment?.
As prescribed in 1532.7003(a), insert the folio.'ing contract
in contracts authorizing advance, progress, or provisional payer._Y
G.## APPLICATION OF PROMPT PAYMENT ACT—CONTRACTS WITH
PROGRESS, OR PROVISIONAL PAYMENTS (EPAAR 1552.232-70)' (APR 1984)
The provisions of the Prompt Payment Act, Pub. L. 97-177 (96 Stat.
84, 31 u.S.C. 1801-06) apply only to the final payment to be made
following completion of the services required by the Statement of
work. Provisional and progress payments made during performance of the
contract are not subject to interest on overdue payments.
(a) Payment due date.
(1) A final voucher for the balance of the contract shall kxs
submitted by the Contractor together with appropriate contractor
releases of claims. This final voucher, if • proper voucher, shall be
paid within 30 days of actual receipt in the office designated to
review the invoice.
(2) The date of the check issued in payment or the date of payment by
wire transfer through the Treasury Financial Communications System
shall be considered to be the date payment is made.
(b) Invoices.
(1) An invoice is a written request for payment under the contract
for supplies delivered or for services rendered. In order to be
proper, an invoice under a cost-reimbursement contract must be prepared
in accordance with EPA Fora 1900-34, "Guide for the Preparation of
Contractor's Claims for Reimbursement of Costs and Fees Under Cosf.-
Reimbursement Type Contracts" or EPA Form 1900-34A, "Guide for the
Preparation of Contractor's Claims for Reimbursement of Costs and Fews
Under Cosb-Plus-Award-Fee (CPAF) Type Contracts," and include ao
applicable the following!
(i) Invoice date}
(ii) Name of contractor}
(ill) Contract number (including order number, if any), contract line
itea number, contract description of supplies or services, quantity,
contract unit of measure or unit price, and extended total}
(iv) Shipment number and date of shipment} (bill of lading number and
weight of shipment will be shown for shipments on Government bills of
lading);
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(v) Name and address to which payment is to be sent (which must be
the sane as that in the contract or on a proper notice of assignment);
(vi) Any other information or documentation required by other provi-
sions of the contract (such as evidence of shipment);
(vii) If a cost-reimbursement term form contract with work assign-
ments, a summary of amounts claimed against each work assignment.
(viii) If an indefinite delivery/indefinite quantity contract, a
summary of amounts claimed against each delivery order.
(2) Invoices shall be prepared and submitted in quadruplicate (one
copy shall be marked "original") unless otherwise specified.
(c) For purposes of determining if interest begins to accrue under
the Prompt Payment Act (Pub. L. 97-177):
(1) A proper invoice will be deemed to have been received when it is
received by the office designated in the contract for receipt of
Invoices and acceptance of the supplies delivered or services rendered
has occurred;
(2) Payment terms (e.g., "net 20") offered by the Contractor will not
be deemed "required payment dates"; and
(3) The following periods of time will not be included:
(i) After receipt of an improper invoice and prior to notice of any
defect or impropriety, but not to exceed fifteen (15) days (or any
lesser period established by this contract);
(ii) Between the date of a notice of any defect or impropriety and
the date a proper invoice is received. (When the notice is in writing,
it shall be considered made on the date shown on the notice.)
(End of clause)
1552.232-71 Application of the Prompt Payment Act—Contract with
f.o.b. Destination Deliverables.
As prescribed in 1532.7003(b), insert the following contract clause
in contracts when there is an f.o.b. destination deliverable and no
progress payments are involved. The 30th calendar day in (a)(l) of the
clause may be altered to reflect the need for some other number of
days. The number of days necessary for inspection, acceptance, and
other necessary actions should be inserted in (a)(2).
G.lf APPLICATION OF THE PROMPT PAYMENT ACT—CONTRACT WITH F.O.B.
DESTINATION DHLXVERABLBS (BPAAR 1552.232-71) (APR 1984)
(a) Payment due date.
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(1) Payments under this contract will be due on the 30th calendar day
after the later of:
(i) The date of actual receipt of a proper invoice in the office
designated to receive the invoice; or
(ii) The date the supplies, reports, and/or services are accepted by
the Government.
(2) For the purpose of determining the due date for payment and for
no other purpose, acceptance will be deemed to occur on the
calendar day after the date of delivery of the supplies in accordance
with the terms of the contract.
(3) if the supplies are rejected for failure to conform to the
technical requirements of the contract, or for damage in transit or
otherwise, the provisions in paragraph (2) of this contract clause will
apply to the new delivery of replacement supplies.
(4) The date of the check issued in payment or the date of payment by
wire transfer through the Treasury Financial Communications System
shall be considered to be the date payment is made.
(b) Invoices.
(1) An invoice is a written request for payment under the contract
for supplies delivered or for services rendered. In order to be
proper, an invoice must include as applicable the following!
(i) Invoice date;
(il) Name of contractor;
(iii) Contract number (including order number, if any), contract line
item number, contract description of supplies or services, quantity,
contract unit of measure or unit price, and extended total;
(iv) Shipment number and date of shipmenti (bill of lading number and
weight of shipment will be shown for shipments on Government bills of
lading)i
and address to which payment is to be sent (which must be
as that in the contract or on a proper notice of assignment);
(vi) Any other information or documentation required by other provi-
sions of the contract (such as evidence of shipment).
(2) Invoices shall be prepared and submitted in quadruplicate (one
copy shall be marked "original") unless otherwise specified to the
accounting operations specified in block (12 of SF 26 or 25 on SF 33).
The Contractor should submit any questions concerning payment of
invoices to the accounting operations officer.
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(c) For purposes of determining if interest begins to accrue under
the Prompt Payment Act (Pub. L. 97-177):
(1) A proper invoice will be deemed to have been received when it is
received by the office designated in the contract for receipt of
invoices and acceptance of the supplies delivered or services rendered
has occurred;
(2) Payment terms (e.g., "net 20") offered by the Contractor will not
be deemed "required payment dates"; and
(3) The following periods of time will not be included: after
receipt of an Improper invoice and prior to notice of any defect or
impropriety, but not to exceed fifteen (15) days (or any lesser period
established by this contract); or between the date of a notice of any
defect or impropriety and the date a proper invoice is received, (when
the notice is in writing, it shall be considered made on the date shown
on the notice.)
(End of clause)
1552.232-72 Application of the Prompt Payment Act—Contracts with
F.o.b. Origin Deliverables.
As prescribed in 1532.7003(c), insert the following contract clause
in contracts when there is an f.o.b. origin deliverable and no advance,
provisional, or progress payments are involved.
I.fft APPLICATION OF THE PROMPT PAYMENT ACT—CONTRACTS WITH F.O.B.
ORIGIN DBLIVBRABLBS (BPAAR 1552.232-72) (APR 1984)
(a) Payments under this contract will be due on the 30th calendar day
after the date of actual receipt of a proper invoice in the office
designated to receive the invoice.
(b) The date of the check issued in payment shall be considered to be
the date payment is made.
(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.
X.M PAYMENTS—PIXBD-RATB SERVICES CONTRACT (BPAAR 1552.232-73) (APR
1984)
The Government shall pay the Contractor as follows upon the
submission of invoices or vouchers approved by the Contracting Officer:
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(a) Hourly rate.
(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, timecards, 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 (e) below, 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) below.
(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 this contract. Reasonable and allocable material handling coats 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.
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(2) Subcontracted effort may be included in the fixed hourly rates
discussed in paragraph (a)(l) above 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) below. 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 subparagraph (1) above;
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 (a)(l) above.
(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 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)(l) above, 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 moat favored customer for the same item in like
quantity, or the current market price, whichever is lower.
(c) Contracting Officer notification. For contract administration
purposes, the Contractor shall notify the Contracting Officer in
writing whan the total value of all delivery orders issued exceeds 85
percent of the maximum price specified in the schedule.
(d) *•»«•«• amount. The Government shall not be obligated to pay the
Contractor any amount in excess of the "«**<•""• amount in the Schedule,
and the Contractor shall not be obligated to continue performance if to
do so would exceed the m^mm* amount set forth in the Schedule, unless
or until the Contracting Officer shall have notified the Contractor in
writing that the **»•**•""» amount has been increased and shall have
specified in the notice a revised maximum that shall constitute the
maximum amount for performance under this contract. When and to the
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U.S. ENVIRONMENTAL PROTECTION AGENCY
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 in the
maximum amount.
(e) Audit. At any time before final payment under this contract, thn
Contracting Officer may request audit of the invoices or vouchers and
substantiating material. Bach 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 overpay-
ments 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 (f) and (g) below), 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 Government, its officers, agents,
and employees of and from all liabilities, 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,
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.
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U.S. ENVIRONMENTAL PROTECTION AGENCY
(9) 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
3uch refunds, rebates, or credits (including any interest) in form and
substance satisfactory to the Contracting Officer.
(End of clause)
EPS2.232-100 Limitation of Funds Notice.
Insert the following clause in incrementally funded coat-plus-fixed-
fee contracts. The clause may be suitably modified for use in cost (no
fee), cost sharing, and other cost-reimbursement contracts (but use
EPS2.232-110 in cost-plus-award-fee contracts).
B.tf LIMITATION OP PONDS NOTICE (BP52.232-100) (APR 1984)
(aj Pursuant to the Limitation of Punds clause, incremental funding
in the amount of S is allotted to cover estimated cost.
Punds in the amount of S are provided to cover the
corresponding increment of fixed fee. The amount allotted for costs is
estimated to cover the contractor's performance through
(b) When the contract is fully funded as specified in clause
, the Limitation of Cost clause shall become applicable.
(End of clause)
EPS2.232-110 Limitation of Punds Notice—Cost-Plus-Award-Pee Contract.
Insert the following clause in cost-plus-award-fee incrementally
funded contracts:
B.I* LIMITATION OP PUNDS NOTICE—COST-PLOS-AWARD-PBB CONTRACT
(BP52.232-110) (APR 1984)
(a) Pursuant to the clause in this contract entitled 'Limitation of
Punds,' fund* have been allotted for the payment of allowable costs and
fees estimated to be incurred for the contract period ending
approximately* Punding is allocated in accordance
with the following schedule:
Estimated Costs S.
Base Pee $.
Award Pee Pool $.
TOTAL PONDS S.
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O.S. ENVIRONMENTAL PROTECTION AGENCY
(b) The provisions of the clause entitled 'Limitation of Funds* shall
become inapplicable at such time as an amount equal to the sum of the
total estimated cost, base fee, award fee pool available for award, and
award fee awarded, set forth in the schedule of this contract, is
allotted to this contract and the clause entitled "Limitation of Cost'
shall be applicable.
(End of clause)
BP52.232-200 Prompt Payment Act Contract Clauses.
The contract clauses described under this caption (i.e., BP52.232-210
and EPS2.232-220) are required by OMB Circular A-125, and are placed in
this EPA Acquisition Handbook Onit until they are published in the
PAR. When clauses are published in the PAR that implement the Prompt
Payment Act and OMB Circular A-125, they will be adopted by EPA and
BP52.232-200 through 220 in this Handbook shall be rescinded. Also see
EPAAR 1552.232-70, 1552.232-71, and 1552.232-72 for application of
Prompt Payment Act clauses.
EXEMPTION. The clause in 52.232-210 is not applicable to the
following types of contracts:
(a) Contracts when payments are made for financing purposes before
receipt of complete delivered items of property or service.
(b) Contracts for utilities (gas, water, electricity, etc.) that
include provisions for late payment charges established by tariff or
State regulatory commissions.
(c) Informal contracts for the purchase of utilities under a tariff
when such tariff provides for late payment charges.
EP52.232-210 Interest on Overdue Payments.
Insert the following clause in all nonexempt contracts and purchase
orders, including leases of real property. The exempted types of
contracts are defined in BPS2.232-200.
G.It INTEREST ON OVERDUE PAYMENTS (BP52.232-210) (AOG 1984)
(a) The Prompt Payment Act, Public Law 97-177 (9C Stat. 85, 31 O.S.C.
1801) is applicable to payments (except for advance, progress, or
provisional payments) under this contract and requires the payment to
Contractor*- of interest on overdue payments and improperly taken
discounts.
(b) Determinations of interest due will be made in accordance with
the provisions of the Prompt Payment Act and Office of Management and
Budget Circular A-125.
(End of clause) (Derived from PPR Temp. Reg. 66)
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BP52.232-220 Method of Payment.
Insert this clause in all contracts and purchase orders.
G.It METHOD OP PAYMENT (BPS2.232-220) (AOG 1964)
(a) Payments under this contract will be made either by check or by
wire transfer through the Treasury Pinancial Communications System at
the option of the Government.
(b) The Contractor shall forward the following information in writing
to the paying office designated in this contract not later than 7 days
after receipt of notice of award.
(1) Pull name (where practicable), title, phone number, and complete
mailing address of responsible official(s), (i) to whom cheek payments
are to be sent, and (ii) who may be contacted concerning the bank
account information requested below.
(2) The following bank account information required to accomplish
wire transfers:
(i) Name, address, and telegraphic abbreviation of the receiving
financial institution.
(ii) Receiving financial institution's 9-digit American Bankers
Association (ABA) identifying number for routing transfer of funds.
(Provide this number only if the receiving financial institution has
access to the Pederal Reserve Communications System.)
(ill) Recipient's name and account number at the receiving financial
Institution to be credited with the funds.
(iv) If the receiving financial institution does not have access to
the Pederal Communications System, provide the name of the
correspondent financial institution through which the receiving
financial institution receives electronic funds transfer* messages. If
a correspondent financial institution is specified, also provide:
(A) Address and telephonic abbreviation of the correspondent
financial institution.
(B) The correspondent financial institution's 9-digit ABA identifying
number for routing transfere of funds.
(c) Any changes to the information furnished under paragraph (b) of
this clause shall be furnished to the paying office designated in this
contract in writing at least 30 days before the effective data of
change. It is the contractor's responsibility to furnish these changes
promptly to avoid payments to erroneous addresses or bank accounts
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O.S. BNVZRONIIBNTAI, PROTECTION AGENCY.
(d) The doeuaant furnishing the information required in paragraphs (b)
and (e) must be dated and contain the signiture, title, and telephone
number of the contractor-official authorised to provide it, as well as
the contractor'sTname and-contact number.
(e) Zf this contract is assigned, the Contractor shall ensure that
the information required above is submitted by the assignee to the
paying office designated in the contract.
(End of clause) (Derived from PPR Temp. Reg. 66, Supp. 1)
52.233-01 Disputes (APR 1984).
As prescribed in PAR 33.014, insert the clause in solicitations and
contracts unless the conditions in FAR 33.003 apply.
ALTERNATE Z is to be used if it is determined. under agency
procedures, that continued performance is necessary pending resolution
of any claim arising under or relating to the contract.
This provision or clause and its Alternate(s) may be incorporated
into procurement documents by reference—aee the PAR for the text.
1SS2.233-70 Screening Business Information for Claims of
Confidentiality.
As prescribed in 1535.007-70(a), 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
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