United States
Environmental Protection
Agency
Office of
Administration
Procurement and
Contracts Management
Division
32 EPA 1901 - Environmental Protection
Agency Acquisition Regulation
Manual (EPAAR)
1990 Edition
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ENVIRONMENTAL PROTECTION AGENCY ACQUISITION REGULATION (EPAAR)
Loose-Leaf EPAAR
November 1990 Edition
This edition contains:
The 1984 loose-leaf edition of the EPAAR and changes 1
through 3.
Amendment published in 55 FR 18340, May 2, 1990
Amendment published in 55 FR 24678, June 18, 1990
Amendment published in 55 FR 38806, September 21, 1990
Amendment published in 55 FR 39622, September 28, 1990
Amendment published in 55 FR 48624, November 21, 1990
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ENVIRONMENTAL PROTECTION AGENCY ACQUISTION REGULATION
SUBCHAPTER A—GENERAL
Part
1501 General
1502 Definition of words and terms
1503 Improper business practices and personal
conflicts of interest
1504 Administrative matters
SUBCHAPTER B—ACQUISITION PLANNING
1505 Publicizing contract actions
1506 Competition requirements
1508 Required sources of supply
1509 Contractor qualifications
1510 Specifications, standards, and other purchase
descriptions
1512 Contract delivery or performance
SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT TYPES
1513 Small purchases and other simplified purchase
procedures
1514 Sealed bidding
1515 Contracting by negotiation
1516 Types of contracts
1517 Special contracting methods
SUBCHAPTER D—SOCIOECONOMIC PROGRAMS
1519 Small business and small disadvantaged business
concerns
1520 Labor surplus area concerns
1522 Application of labor laws to government acquisitions
1523 Environmental, conservation, and occupational
safety
1524 Protection of privacy and freedom of information
1525 Foreign acquisition
SUBCHAPTER E—GENERAL CONTRACTING REQUIREMENTS
1527 Patents, data and copyrights
152 8 Bonds and insurance
1529 Taxes
1530 Cost accounting standards
1531 Contract cost principles and procedures
1532 Contract financing
1533 Protests, disputes and appeals
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Part
1534 Major system acquisition
1535 Research and development contracting
1536 Construction and architect-engineer contracts
1537 Service contracting
SUBCHAPTER G—CONTRACT MANAGEMENT
1542 Contract administration
1545 Government property
1546 Quality assurance
1548 Value engineering
SUBCHAPTER H—CLAUSES AND FORMS
1552 Solicitation provisions and contract clauses
1553 Forms
Appendix I
• •
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PART 1501—GENERAL
Sec.
1501.000 Scope of part.
SUBPART 1501.1—PURPOSE, AUTHORITY, ISSUANCE
1501.101 Purpose.
1501.103 Applicability.
1501.104 Issuance.
1501.104-1 Publication and code arrangement.
1501.104-2 Arrangement of regulations.
1501.104-3 Copies.
SUBPART 1501.3—AGENCY ACQUISITION REGULATIONS
1501.301 Policy.
1501.303 Codification and public participation.
1501.304 Agency control and compliance procedures.
1501.370 0MB control numbers.
SUBPART 1501.4—DEVIATIONS
1501.401 Definition.
1501.403 Individual deviations.
1501.404 Class deviations.
SUBPART 1501.6—CONTRACTING AUTHORITY AND RESPONSIBILITIES
1501.602-3 Ratification of unauthorized commitments.
1501.603 Selection, appointment, and termination of
appointment.
1501.603-1 General.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1501.000 Scope of part.
The Federal Acquisition Regulation System brings together,
in Title 48 of the Code of Federal Regulations, the
acquisition regulations applicable to all executive agencies
of the Government. This part establishes a system of
Environmental Protection Agency (EPA) acquisition
regulations, referred to as the EPAAR, for the codification
and publication of policies and procedures of EPA which
implement and supplement the Federal Acquisition Regulation
(FAR).
SUBPART 1501.1—PURPOSE, AUTHORITY, ISSUANCE
1501.101 Purpose.
(a) This subpart establishes Chapter 15, the Environmental
Protection Agency Acquisition Regulation (EPAAR), within
Title 48, the Federal Acquisition Regulations System.
(b) The purpose of the EPAAR is to implement the FAR where
further implementation is needed and to supplement the FAR
when coverage is needed for subject matter not covered in the
FAR.
1501.103 Applicability.
The FAR and the EPAAR apply to all acquisitions as defined
in Part 2 of the FAR, except where expressly excluded.
1501.104 Issuance.
1501.104-1 Publication and code arrangement.
The EPAAR will be published in (1) the FEDERAL REGISTER,
(2) cumulated form in the Code of Federal Regulations (CFR),
and (3) a separate loose-leaf form in a distinctive light
blue color.
1501.104-2 Arrangement of regulations.
(a) References and citations. This regulation may be
referred to as the Environmental Protection Agency
Acquisition Regulation or the EPAAR. References to EPAAR
materials shall be made in a manner similar to that
prescribed by FAR 1.104-2(c).
1501.104-3 Copies.
Copies of the EPAAR in FEDERAL REGISTER and CFR form may
be purchased from the Superintendent of Documents, Government
Printing Office (GPO), Washington, D.C. 20402. Copies of
loose-leaf EPAAR are distributed within EPA and may be
obtained from the EPA Facilities and Support Services
Division.
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SUBPART 1501.3—AGENCY ACQUISITION REGULATIONS
1501.301 Policy.
The EPAAR is prescribed by the Director, Office of
Administration.
1501.303 Codification and public Participation.
(a) The EPAAR is codified as Chapter 15 in Title 48, Code
of Federal Regulations.
(b) Public participation in promulgation of the EPAAR
shall be in the same manner as specified for the FAR in FAR
1.501. Where solicitation of public comment on significant
EPAAR revisions is impractical prior to promulgation, the
revisions may be set forth in temporary regulations.
Comments will be solicited on the temporary regulations and
considered prior to formulating the final regulations.
1501.304 Agency control and compliance procedures.
(a) The Assistant General Counsel, Contracts and
Information Law, and the Head of the Contracting Activity
(HCA) shall review all EPAARs prior to promulgation to assure
compliance with FAR Part 1.
(b) The EPA representative to the Civilian Agency
Acquisition Council (CAA Council) will recommend to the
chairperson of the CAA Council any EPA regulatory coverage
that should be included in the FAR.
1501.370 OMB control numbers.
The information collection requirements contained in the
EPAAR have been approved by the Office of Management and
Budget (OMB) in accordance with Section 3504(h) of the
Paperwork Reduction Act of 1980, 44 U.S.C. 3501, et seq. The
OMB clearance numbers are 2030-0005, 2030-0006, and 2030-
0007.
SUBPART 1501.4—DEVIATIONS.
1501.401 Definition.
A deviation to the EPAAR is defined in the same manner as
a deviation to the FAR (see FAR 1.401).
1501.403 Individual deviations.
Requests for individual deviations from the FAR and the
EPAAR shall be submitted to the Head of the Contracting
Activity (HCA) for approval. Requests submitted shall cite
the specific part of the FAR or EPAAR from which it is
desired to deviate, shall set forth the nature of the
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deviation(s), and shall give the reasons for the action
requested. The HCA shall transmit copies of approved
individual FAR deviations to the FAR Secretariat.
1501.404 Class deviations.
Requests for class deviations to the EPAAR shall be
submitted in advance to the HCA for processing, in accordance
with FAR 1.404 and this section. Requests submitted shall
include the same type of information as required for
individual deviations as prescribed in 1501.403. The HCA may
approve class deviations to the FAR and the EPAAR and shall
transmit copies of approved class FAR deviations to the FAR
Secretariat as required by FAR 1.404.
SUBPART 1501.6—CONTRACTING AUTHORITY AND RESPONSIBILITIES
1501.602-3 Ratification of unauthorized commitmemts.
(a) Definition. "Unauthorized commitment," as used in
this subpart, means an agreement that is not binding solely
because the Government representative who made it lacked the
authority to enter into that agreement on behalf of the
Government. The term does not relate to the Agency process
for the reservation of funds.
(b) Applicability. The provisions of this section apply
to all unauthorized commitments, whether oral or written and
without regard to dollar value. Examples of unauthorized
commitments are:
(1) Ordering supplies or services by an individual
without contracting authority;
(2) Unauthorized direction of work through assignment
of orders or tasks;
(3) Unauthorized addition of new work;
(4) Unauthorized direction of contractors to
subcontract with particular firms; or
(5) Any other unauthorized direction which changed the
terms and conditions of the contract.
(c) Ratification approvals and concurrences.
(1) The Chief of the Contracting Office is the
ratifying official, provided that he/she has redelegable
contracting authority.
(2) For ratification actions which arise in regional
offices or laboratory sites, the Chief of the Contracting
Office to whom the activity functionally reports is the
ratifying official, provided that he/she has redelegable
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authority. The responsible Procurement and Contracts
Management Division (PCMD) Associate Director is the
ratifying official for actions which arise in regional or
laboratory sites which do not functionally report to a
Contracting Officer.
(3) All proposed ratification actions of $250,000 or more
for which the responsible PCMD Associate Director is not the
ratifying official shall be forwared for review to the
responsible PCMD Associate Director prior to approval by the
ratifying official.
(d) Procedures.
(1) The program office shall notify the cognizant
contracting office by memorandum of the circumstances
surrounding an authorized commitment. The notification shall
include:
(i) All relevant documents and records;
(ii) Documentation of the necessity for the work and
benefit derived by the Government;
(iii) A statement of the delivery status of the
supplies or services associated with the unauthorized
commitment;
(iv) A list of procurement sources solicited (if
any) and the rationale for the source selected;
(v) If only one source was solicited, a
justification for other than full and open competition
(JOFOC) as required by FAR 6.302, FAR 6.303 andl506.303, or
for small purchases exceeding the competition threshold in
FAR 13.106, a sole source justification as required by
1513.170;
(vi) A statement of steps taken or proposed to
prevent reoccurence of any unauthorized commitment.
(2) The Division Director (or equivalent) of the
responsible office shall approve the memorandum. If
expenditure of funds is involved, the program office shall
include a Procurement Request/Order, EPA Form 1900-8, with
funding sufficient to cover the action. The appropriation
data cited on the 1900-8 shall be valid for the period in
which the unauthorized commitment was made.
(3) Upon receiving the notification, the Contracting
Officer shall prepare a determination and.findings regarding
ratification of the unauthorized commitment for the ratifying
official. The determination and findings shall include
sufficient detail to support the recommended action. If
ratification of the unauthorized commitment is recommended,
the determination and findings shall include a determination
that the price is fair and reasonable. To document the
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determination, additional information may be required from
the Contractor. Concurrence by the Office of General Counsel
is not mandatory, but shall be sought in difficult or unusual
cases.
(4) The ratifying official may inform the Inspector
General (IG) of the action by memorandum through the Head of
the Contracting Activity (HCA). For ratification actions
exceeding the small purchase limitation, the ratifying
official shall submit a memorandum to the Assistant
Administrator for Administration and Resources Management
through the HCA for transmittal to the Associate or Regional
Administrator (or equivalent level) of the person responsible
for the unauthorized commitment. This memorandum should
contain a breif description of the circumstances surrounding
the unauthorized commitment, recommend corrective action, and
include a copy of amy memorandum sent to the IG. Submission
of a memorandum to the appropriate Assistant, Associate, or
Regional Administrator for unauthorized commitments at or
below the small purchase limitation is optional and may be
accomplished at the discretion of the ratifying official.
(e) Paid Advertisements.
(1) EPA is generally not authorized to ratify
improperly ordered paid advertisements. The ratifying
official, however, may determine payment is proper subject to
the limitations in FAR 1.602-3(c) if the individual
responsible for the unauthorized commitment acted in good
faith to comply with Agency acquisition polies and
procedures.
(2) The paying office shall forward invoice claims
received in its office for impropoer paid advertisements to
the cognizant ratifying official for a determination
regarding ratification of the action.
(3) If the ratifying official determines that an
unauthorized commitment cannot be ratified by the Agency, the
ratifying official shall instruct the submitter to present
its claim to the General Accounting Office in accordance with
the instructions contained in 4 CFR part 31, Claims against
the United States, General Procedures.
(f) Payment of Properly Ratified Claims. After the
unauthorized commitment is ratified, the contractor must
submit an invoice (or resubmit an invoice if one was
previously submitted) citing the appropriate contract or
purchase order number.
1501.603 Selection, appointment, and termination of
appointment.
1501.603-1 General.
EPA Contracting Officers shall be selected and appointed
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and their appointments terminated in accordance with the
Contracting Officer warrant program specified in Chapter 8 of
the EPA "Contracts Management Manual."
FART 1502--DEFINITION OF WORDS AND TERMS
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
Subpart 1502.1—Definitions.
Chief of the Contracting Office means the Branch Chief(s)
at the Headquarters Procurement Operations and the Directors
of the Contracts Management Divisions at Research Triangle
Park and Cincinnati.
Head of the Contracting Activity (HCA) means the Director,
Procurement and Contracts Management Division.
Legal counsel means those attorneys assigned to the
Contracts and Information Law Branch, Office of the General
Counsel and designated by the Assistant General Counsel as
contract law specialists.
Procurement Executive means the Director, Procurement and
Contracts Management Division.
Responsible Associate Director (RAD) means the individual
within the Procurement and Contracts Management Division with
the title of Associate Director, delegated responsibility for
the contract action, and reporting directly to the Director,
Procurement and Contracts Management section.
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PART 1503—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS
OF INTEREST
Sec.
1503.000 Scope of part.
SUBPART 1503.1—SAFEGUARDS
1503.101 Standards of conduct.
1503.101-3 Agency regulations.
1503.103 Independent pricing.
1503.103-2 Evaluating the certification.
SUBPART 1503.2—CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL
1503.203 Reporting suspected violations of the
gratuities clause.
SUBPART 1503.3—REPORTS OF SUSPECTED ANTITRUST VIOLATIONS
1503.301 General.
SUBPART 1503.4—CONTINGENT FEES
1503.408 Evaluation of the SF 119.
1503.408-1 Responsibilities.
1503.409 Misrepresentations or violations of the
Covenant Against Contingent Fees.
SUBPART 1503.5—OTHER IMPROPER BUSINESS PRACTICES
1503.502 Subcontractor kickbacks
SUBPART 1503.6—CONTRACTS WITH GOVERNMENT EMPLOYEES OR
ORGANIZATIONS OWNED OR CONTROLLED BY THEM
1503.600-70 Scope of subpart.
1503.600-71 Definitions.
1503.601 Policy.
1503.602 Exceptions.
1503.603 Responsibilities of the Contracting Officer.
1503.670 Solicitation disclosure provision.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1503.000 Scope of part.
This Part implements FAR Part 3, cites EPA regulations on
employee responsibilities and conduct, establishes
responsibility for reporting violations and related actions,
and provides for authorization of exceptions to policy.
SUBPART 1503.1—SAFEGUARDS
1503.101 Standards of conduct.
1503.101-3 Agency regulations.
EPA regulations on Employee Responsibilities and Conduct
are contained in 40 CFR Part 3. All personnel involved in
acquisition actions shall become familiar with the statutory
and regulatory prohibitions. Any problems or questions
concerning 40 CFR Part 3 shall be referred to the appropriate
Deputy Ethics Official pursuant to 40 CFR Part 3, Subpart B.
1503.103 Independent pricing.
1503.103-2 Evaluating the certification.
Whenever an offer is rejected under FAR 3.103-2 or the
Certificate of Independent Price. Determination is suspected
of being false, the Contracting Officer shall report the
situation to the Inspector General through the Head of the
Contracting Activity for referral to the Attorney General in
accordance with FAR 3.303.
SUBPART 1503.2—CONTRACTOR GRATUITIES TO GOVERNMENT PERSONNEL
1503.203 Reporting suspected violations of the Gratuities
clause.
EPA personnel, particularly Contracting Officers, shall
promptly report, by memorandum, suspected violations of the
Gratuities clause in solicitations or contracts to the
Inspector General through the Head of the Contracting
Activity.
SUBPART 1503.3—REPORTS OF SUSPECTED ANTITRUST VIOLATIONS
1503.301 General.
The Contracting Officer shall report any suspected
violations of antitrust laws to the Inspector General through
the Responsible Associate Director (RAD) for referral to the
Attorney General in accordance with FAR Subpart 3.3.
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SUBPART 1503.4—CONTINGENT FEES
1503.408 Evaluation of the SF 119.
1503.408-1 Responsibilities.
The Contracting Officer's documentation of the evaluation
of the Standard Form 119, Statement of Contingent or Other
Fees, conclusions, and any proposed actions shall be reviewed
by the RAD in coordination with legal counsel.
1503.409 Misrepresentations or violations of the Covenant
Against Contingent Fees.
EPA personnel who suspect or have evidence of attempted or
actual exercise of improper influence, misrepresentations, or
violations of the Covenant Against Contingent Fees shall
report the matter promptly to the Inspector General through
the RAD.
SUBPART 1503.5—OTHER IMPROPER BUSINESS PRACTICES
1503.502 Subcontractor kickbacks.
The Contracting Officer shall report suspected violations
of the Anti-Kickback Act to the Inspector General through the
RAD.
SUBPART 1503.6—CONTRACTS WITH GOVERNMENT EMPLOYEES OR
ORGANIZATIONS OWNED OR CONTROLLED BY THEM
1503.600-70 Scope of subpart.
This subpart implements and supplements FAR Subpart 3.6
and sets forth EPA policy and procedures for identifying and
dealing with conflicts of interest and improper influence or
favoritism in connection with contracts involving current or
former EPA employees. This subpart does not apply to
agreements with other departments or agencies of the Federal
Government, nor to contracts awarded to State or local units
of Government.
1503.600-71 Definitions.
(a) "Regular employee" means any officer or employee of
EPA who is employed or appointed, with or without
compensation, to serve more than 130 days during any period
of 365 consecutive days, including regular officers of the
Public Health Service Commissioned Corps and reserve officers
of the Public Health Service Commissioned Corps while on
active duty.
(b) "Special employee" means an officer or employee of EPA
who is retained, designated, appointed or employed to
perform, with or without compensation, temporary duties
either on a full-time or intermittent basis for not more than
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130 days during any period of 365 consecutive days and who
actually served more than 60 days during such 365-day period.
1503.601 Policy.
(a) No contract may be awarded without competition to a
former regular or special EPA employee (or to a business
concern or other organization owned or substantially owned or
controlled by a former employee) whose employment terminated
within 365 calendar days before submission of a proposal to
EPA.
(b) No contract shall be awarded without competition to a
firm which employs, or proposes to employ, a current regular
or special EPA employee or a former EPA regular or special
employee whose employment terminated within 365 calendar days
before submission of a proposal to EPA, if either of the
following conditions exist:
(1) The current or former EPA regular or special
employee is or was involved in developing or negotiating the
proposal for the prospective contractor.
(2) The current or former EPA regular or special
employee will be involved directly or indirectly in the
management, administration, or performance of the contract.
1503.602 Exceptions.
(a) The Assistant Administrator for Administration and
Resources Management may authorize an exception, in writing,
to the policy in FAR 3.601 and 1503.601 for the reasons
stated in FAR 3.602, if the exception would not involve a
violation of 18 U.S.C. 203, 18 U.S.C. 205, 18 U.S.C. 207, 18
U.S.C. 208, or EPA regulations at 40 CFR Part 3. The
Assistant Administrator shall consult with the Designated
Agency Ethics Official before authorizing any exceptions.
(b) This subpart does not apply to subcontracts, that is,
agreements to undertake part of the work as an independent
contractor. However, where subcontracts essentially create
an "employer-employee" relationship, the subpart shall apply.
In determining whether such a relationship exists, the
Contracting Officer shall generally be guided by the
standards of Chapter 304, Subchapter 1-4 of the "Federal
Personnel Manual" in distinguishing between employees and
independent contractors.
1503.603 Responsibilities of the Contracting Officer.
Before awarding a contract, the Contracting Officer shall
obtain an authorization under 1503.602 for any of the reasons
stated in FAR 3.603.
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1503.670 Solicitation of disclosure provision.
The Contracting Officer shall insert the provision at
1552.203-70, Current/Former Agency Employee Involvement
Certification, in all solicitations for sole source
acquisitions.
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Sec.
1504.804
1504.804-5
AUTHORITY:
486(c).
PART 1504--ADMINISTRATIVE HATTERS
Subpart 1504.8—Contract Files
Closeout of contract files.
Detailed procedures for closing out contract
files.
Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
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SUBPART 1504.8—CONTRACT FILES
1504.804 Closeout of contract files.
1504.804-5 Detailed procedures for closing out contract
files.
In addition to those procedures set forth in FAR 4.804-5,
the contracting office shall, before final payment is made
under a cost-reimbursement type contract, verify the
allowability, allocability, and reasonableness of costs
claimed. Verification of total costs incurred should be
obtained from the Office of Audit through the cost advisory
group at the contracting office in the form of a final audit
report. Similar verification of actual costs shall be made
for other contracts when cost incentives, price
redeterminations, or cost-reimbursement elements are
involved. Termination settlement proposals shall be
submitted to the cost advisory group at the contracting
office for review by the Office of Audit as prescribed by FAR
49.107. All such audits will be coordinated through the cost
advisory group in the contracting office. Exceptions to
these procedures are the quick close-out procedures as
described in 1542.708 and Unit 2 of the EPA Acquisition
Handbook.
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PART 1505—PUBLICIZING CONTRACT ACTIONS
Sec.
1505.000
Scope of part.
Subpart 1505.2—Synopses of Proposed Contract Actions
1505.202
1505.203
1505.270
1505.271
1505.401
1505.405
1505.502
AUTHORITY:
486(C).
Exceptions.
Publicizing and response time.
Use of synopses to perform market surveys.
Publicizing orders under GSA Schedule
Contracts.
Subpart 1505.4—Release of Information
General.
Exchange of acquisition information.
Subpart 1505.5—Paid Advertisement
Authority.
Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
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1505.000 Scope of part.
This part provides instructions on publicizing contract
opportunities and response time, instructions on information
to include in the synopses of proposed contracts,
instructions on publicizing orders under GSA schedule
contracts, policy references relative to release of
information, and procedures for obtaining information on
previous Government contracts.
SUBPART 1505.2—SYNOPSES OP PROPOSED CONTRACT ACTIONS
1505.202 Exceptions
(a) The Contracting Officer need not submit the notice
required by FAR 5.201 when the Contracting Officer determines
in writing that the contract is for the services of experts
for use in preparing or prosecuting a civil or criminal
action under the Superfund Amendments and Reauthorization Act
of 1986.
(b) The Head of the Contracting Activity (HCA) is
delegated the authority to make the written determination in
FAR 5.202(b).
1505.203 Publicizing and response time.
The Contracting Officer may, at his/her discretion under
certain circumstances, elect to transmit a synopsis to the
Commerce Business Daily (CBD) of a proposed contract action
that falls within an exception to the synopsis requirement in
FAR 5.202(a). For those contract actions, the Contracting
Officer may provide for a lesser time period than the 15 days
required by FAR 5.2 03(a) and the 30 days required by FAR
5.203(b) or (c), and the 45 days required by FAR 5.203(d).
The Contracting Officer must identify the basis for the
lesser time periods for response in the synopsis.
(b) The authority for paragraph (a) does not extend to the
synopsis of contract actions falling within the exception in
FAR 5.202(a)(7), if to do so would disclose the originality
of thought or innovativeness of the proposed research.
1505.270 Use of synopses to perform market surveys.
%
(a) Market surveys shall be used in justifying sole source
acquisitions and acquisitions using other than full and open
competitive procedures with a potential value in excess of
$25,000. The synopsis of such acquisition for supplies or
services and subsequent evaluation of the responses by the
Government constitutes an acceptable market survey.
(b) The synopsis of a proposed sole source acquisition and
acquisitions using other than full and open competition of
$10,000 or more must contain sufficient detail to permit the
Contracting Officer to perform an evaluation of the responses
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to the synopsis. As a minimum, the synopsis shall include:
(1) The information required by FAR 5.207;
(2) A clear statement of supplies or services being
acquired;
(3) Required contractor capabilities, experience, and
any other factors salient to the requirement; and
(4) Criteria listed in relative order of importance to
be used in the evaluation of responses. (Contracting
Officers, may include specific weights assigned to each
criteria.)
(c) Contracting Officers are not required to perform
market surveys to justify an other than full and open
acquisition resulting from an unsolicited research proposal
if to do so would disclose the originality of thought or
innovativeness of the proposal.
1505.271 Publicizing orders under 6SA Schedule Contracts.
(a) Contracting Officers are not required to synopsize
orders placed under Federal Supply Schedules when following
the procedures in FAR 8.404-2 and 8.405-1. Contracting
Officers need synopsize orders under Automatic Data
Processing and Teleprocessing Services Program schedules only
if required by the Federal Information Resources Management
Regulation.
(b) Sole source orders of $10,000 or more under the
Federal Supply Schedule must be synopsized in accordance with
FAR Part 5.8.
SUBPART 1505.4—RELEASE OF INFORMATION
1505.401 General.
The Freedom of Information Act, 5 U.S.C. 552, provides
that, with certain exceptions, Government records shall be
made available to the public upon request. This Act has been
implemented by the Environmental Protection Agency in 40 CFR
Part 2 (5 U.S.C. 301).
1505.405 Exchange of acquisition information.
Contracting Officers shall insert the solicitation
provision at 1552.214-70 and 1552.215-72, Past Performance,
to obtain information on previous Government contracts or
subcontracts.
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SUBPART 1505.5—PAID ADVERTISEMENT
1505.502 Authority.
Authority to-approve.publication of paid advertisements in
newspapers has been delegated to those Contracting Officers
whose Contracting Officer warrant specifically grants them
this authority.
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PART 1506—COMPETITION REQUIREMENTS
Sec.
1506.000 Scope of Part.
Subpart 1506.2—Full and Open competition After Exclusion of
Sources
1506.202 Establishing or maintaining alternative
sources.
Subpart 1506.3—Other Than Full and Open Competition
1506.301
1506.302
1506.302-1
1506.302-5
1506.303
1506.303-2
1506.370
1506.371
1506.372
Policy.
Circumstances permitting other than full
and open competition.
Only one responsible source.
Authorized or required by statute.
Justifications.
Content.
Limited competition.
Conduct of market surveys.
Class justification.
AUTHORITY:
486(c).
Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
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1506.000 Scope of Part.
This part implements FAR Part 6. It prescribes the
Environmental Protection Agency policies and procedures in
obtaining full and open competition in the acquisition
process.
SUBPART 1506.2—FULL AND OPEN COMPETITION AFTER EXCLUSION OF
SOURCES
1506.202 Establishing or maintaining alternative sources.
The Responsible Associate Director (RAD) is delegated the
authority to make the determination and findings as stated in
FAR 6.202(b)(1).
SUBPART-1506.3—OTHER THAN FULL AND OPEN COMPETITION
1506.301 Policy.
In the fulfillment of national policy, acquisitions by EPA
shall be conducted utilizing full and open competition with
all responsible sources. However, it is recognized that one
or more of the circumstances in FAR 6.302 may apply where it
is in the interest of the Government and EPA to solicit
limited sources or only one source. In such instances, the
initiating program office may recommend that its supplies or
services be obtained from a limited number of sources or only
from one source. This recommendation is subject to review
and approval as provided in FAR 6.304.
1506.302 Circumstances permitting other than full and open
competition.
The exceptions in FAR 6.302 apply to all EPA acquisitions
of supplies or services in excess of $1,000 unless exempted
by FAR 6.001. For acquisitions awarded using small purchase
procedures, Contracting Officers shall refer to 1513.170 for
applicable policies and procedures.
1506.302.1 Only one responsible source.
The authority in FAR 6.302-1 may be used in the following
situation, provided the synopsis requirements in FAR 5.201
and the justification requirements in FAR 6.303 are met.
(This situation is an example and is not intended to be all-
inclusive.) Follow-on contracts for services that represent
a continuation of a previous effort performed by the proposed
source as a result of a competitive acquisition may be deemed
to be available only from that source when it is likely that
award to any other source would result in (a) substantial
duplication of cost to the Government that is not expected to
be recovered through competition, or (b) unacceptable delays
in fulfilling the Agency's requirements.
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1506.302-5 Authorized or required by statute.
(a) Authority. Section 109(e) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) is cited as
authority.
(b) Application.
(1) The Contracting Officer may use other than full
and open competition to acquire the services of experts for
use in preparing or prosecuting a civil or criminal action
under SARA whether or not the expert is expected to testify
at trial. The Contracting Officer need not prepare the
written justification under FAR 6.303 when acquirinq expert
services under the authority of Section 109(e) of SARA. The
Contracting Officer shall document the official contract file
when using this authority.
(2) The Contracting Officer shall give notice to the
Agency's Competition Advocate whenever a contract award is
made using other than full and open competition under this
authority. The notice shall contain a copy of the contract
and the summary of negotiations.
1506.303 Justifications.
The documentation requirements in this section apply only
to acquisitions processed using other than small purchase
procedures. (Refer to 1513.170 for documentation for small
purchase acquisitions.)
(a) The initiating office shall prepare a written
justification for other than full and open competition
(JOFOC) that documents the facts and circumstances
substantiating the infeasibility of full and open competition
for each recommended limited sources or sole source
acquisition when required by FAR 6.302.
(b) The recommendation shall be entitled "Justification
for Other Than Full and Open Competition" and shall be signed
at the programmatic Division Director or comparable office
level prior to submission with the procurement request. The
JOFOC shall contain the information prescribed in FAR 6.303-
2(a) and (b).
(c) If unusual and compelling urgency (see FAR 6.303-2) is
a basis for the JOFOC, then the following applies. Explain
the circumstances that led to the need for an urgent
contractual action. Explain why the requirement could not
have been processed in sufficient time to permit full and
open competition. It should be noted that the existence of
legislation, court order, or Presidential mandate is not, of
itself, a sufficient basis for a JOFOC. However, the
circumstances necessitating legislation, court order, or
Presidential mandate may justify contractual action on an
other than full and open competition basis.
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(d) If the proposed acquisition has been synopsized in
accordance with the applicable requirements in FAR Subpart
5.2, the Contracting Officer must incorporate the evaluation
of responses to the synopsis in the JOFOC. (See 1506.371(d)
for contents of the evaluation document.)
1506.370 Limited competition.
Limited competition, i.e., the use of competitive
procedures that are not full and open competition and that
restrict the number of sources solicited must be justified
under one of the authorities in FAR 6.302. The use of
limited competition requires the justification set forth in
FAR 6.303. Limited competition requires the solicitation of
offers from as many potential sources as is practicable under
the circumstances.
1506.371 Conduct of market surveys.
(a) The Contracting Officer shall determine the extent of
any market survey. In making this decision, the Contracting
Officer may consider such factors as the type and size of the
acquisition, the results of recent competitive acquisitions
for similar supplies or services, or other recent market
surveys.
(b) The Contracting Officer, with input from the Project
Officer, shall determine the market survey strategy and who
is responsible for accomplishing the different aspects of the
survey. For example, the Contracting Officer may choose to
have discussions with offerors who had proposed on previous
similar requirements. For market surveys involving
discussions with or inquiries from commercial firms, the
Contracting Officer shall conduct or participate in such
discussions or inquiries.
(c) Commerce Business Daily (CBD) synopses of proposed
sole source acquisitions or acquisitions using other than
full and open competition and subsequent evaluation of the
responses by EPA constitute an acceptable market survey. If
the FAR requires a synopsis, other methods of conducting
market surveys may not be used as a substitute for the
synopsis.
(d) Under those circumstances when synopses are issued to
assist in determining the existence of competition, the
Contracting Officer, with the assistance of the Project
Officer, shall evaluate responses to such synopses in
accordance with the general criteria included in the
synopsis. If the evaluation indicates that full and open
competition can be provided for, the Contracting Officer
shall issue a new synopsis and a competitive solicitation
that adhere to the time periods in FAR 5.203. If the
Contracting Officer determines, after evaluation of
responses, that a sole source acquisition or limited
competition should be conducted, the evaluation document
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shall be incorporated in the JOFOC for review in accordance
with 1506.303-2(d) (for small purchases sec 1513.170-1). The
documentation shall include:
(1) A copy of the CBD synopsis;
(2) A listing of respondees to the synopsis;
(3) A written evaluation of the responses; and
(4) the basis for the Contracting Officer's conclusion
that full and open competition is impractical.
1506.372 Class justification.
Appendix I to 48 CFR Chapter 15 contains a class
justification authorizing Agency Contracting Officers to make
acquisitions from the Federal Prison Industries and the
Government Printing Office. Individual justifications for
acquisitions from these two sources are not required.
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PART 1508—REQUIRED SOURCES OF SUPPLY
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
SUBPART 1508.8—ACQUISITION OF PRINTING AND RELATED SUPPLIES
1508.870 Contract clause.
Contracting Officers shall insert the contract clause at
1552.208-70, Printing, in all contracts which require
printing, duplication, binding, reproduction, and related
services and are subject to the provisions of the Government
Printing and Binding Regulations published by the Joint
Committee on Printing, Congress of the United States.
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FART 1509--CONTRACTOR QUALIFICATIONS
Sec.
1509.000
Scope of part.
Subpart 1509.1—Responsible Prospective Contractors
1509.105
1509.105-2
1509.105-3
Procedures.
Determinations and documentation.
Disclosures of preaward information.
Subpart 1509.170—Contractor Performance Evaluations
1509.170-1
1509.170-2
1509.170-3
1509.170-4
Scope of subpart.
Applicability.
Purpose.
Procedures.
subpart 1509.4—Debarment, Suspension, and Ineligibility
1509.403
1509.404
1509.406
1509.406-3
1509.407
1509.407-3
Definitions.
Consolidated list of debarred, suspended, and
ineligible contractors.
Debarment.
Procedures.
Suspension.
Procedures.
Subpart 1509.5—Organizational Conflicts of Interest
1509.500
1509.502
1509.503
1509.505-4
1509.506
1509.507
1509.508
1509.509
AUTHORITY:
486(c).
Scope of subpart.
Applicability.
Waiver.
Obtaining access to proprietary information.
Information sources.
Procedures.
Solicitation provision and contract clause.
Examples.
Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
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1509.000 Scope of part.
This Part implements FAR Part 9 and provides policy and
procedures pertaining to contractor's responsibility;
debarment, suspension, and ineligibility; and organizational
conflicts of interest.
SUBPART 1509.1—RESPONSIBLE PROSPECTIVE CONTRACTORS
1509.105 Procedures.
1509.105-2 Determinations and documentation.
Where the Contracting Officer makes a determination that a
Contractor is not responsible and the determination is based
totally or in part on factors which are also cause(s) for
debarment or suspension under FAR Subpart 9.4, the
Contracting Officer shall report the information as
prescribed in 1509.406-3 and 1509.407-3.
1509.105-3 Disclosures of preaward information.
The Freedom of Information Act, 5 U.S.C. 552, provides
that, with certain exceptions, Government records shall be
made available to the public upon request. This Act has been
implemented by the Environmental Protection Agency in 40 CFR
Part 2. Subpart B, Confidentiality of Business Information,
of 40 CFR Part 2 provides the policy and guidance pertaining
to the treatment of confidential business information
submitted by prospective Contractors.
SUBPART 1509.170—CONTRACTOR PERFORMANCE EVALUATIONS
1509.170-1 Scope of subpart.
This subpart establishes EPA policy and procedures for
evaluation of contractor performance.
1509.170-2 Applicability.
The provisions of this subpart apply to: (a) all
contracts for research and development and for services other
than management consulting services when the contract amount
is $25,000 and above, and (b) all contracts for management
consulting services, without regard to dollar value. FAR
3 6.201 and 3 6.604 provide detailed instructions for conduct
of construction and architect-engineering Contractor
performance evaluation.
1509.170-3 Purpose.
The purpose of this subpart is to: (a) provide an orderly
and uniform method of determining and recording the
effectiveness of contractors in meeting contractual
obligations; (b) emphasize to contractors the importance of
satisfying contractual obligations; (c) create within the EPA
a record of contractor performance and a means for
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considering this record in future acquisition actions: and
(d) provide a system for identifying contractors with a
history of poor performance.
1509.170-4 Procedures.
(a) Use and Preparation of forms. EPA Form 1900-26,
Contracting Officer's Evaluation of Contractor Performance,
and EPA Form 1900-27, Project Officer's Evaluation of
Contractor Performance, shall be prepared at the completion
of the technical effort of the contract or purchase order to
record the effectiveness of contractors in meeting
contractual obligations. Forms shall be prepared in
accordance with the instructions printed on the back of each
form.
(b) Responsibilities for preparation of forms.
(1) The Contracts Management Division shall originate
EPA Form 1900-26 and EPA Form 1900-27 within two weeks after
the completion of the technical effort of the contract or
purchase order.
(2) The Contracting Officer administering the contract
shall prepare the business evaluation on EPA Form 1900-26;
forward the original of the form to the Quality Assurance
Section, Procurement and Contracts Management Division (PM-
214), Washington, D.C. 20460; and retain a copy in the
contract file.
(3) The Project Officer with technical responsibility
for the contract shall prepare the technical evaluation on
EPA Form 1900-27; forward the form to the Quality Assurance
Section, Procurement and Contracts Management Division (PM-
214), Washington, D.C. 20460; and forward a copy to the
Contracting Officer for insertion in the contract file.
(c) Unsatisfactory performance ratings. The Contracting
Officer shall apprise the Contractor of any overall rating of
"unsatisfactory." If the Contractor submits comments in
response to such a rating, the evaluator shall include the
comments as an attachment to the evaluation form. Evaluators
shall make appropriate changes to the performance evaluations
if any are warranted by the Contractor's comments.
(d) Review of evaluations. The Quality Assurance Section,
PCMD, shall review each evaluation as it is received, and
compare it with recent evaluations submitted for the same
Contractor. If the Quality Assurance Section discerns a
pattern of unsatisfactory performance, it will notify the
appropriate Contracting Officer for his/her possible action,
which may include referral of the matter in accordance with
1509.406-3(a)(1).
(e) Filing of forms. Evaluation forms shall be filed in
the Contractor performance evaluation files maintained by the
Quality Assurance Section, Procurement and Contracts
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Management Division.
(f) Release of ratings. Information on Contractors'
performance ratings may be obtained by contacting the Quality
Assurance Section. Contractors' performance ratings
determined by the Contracting Officer and the Project Officer
may be released to other Government agencies at their
specific written request and on condition that the
information will not be made available outside of the
Government. Requests for information on the ratings from
individuals or entities outside of the Government shall be
processed in accordance with the Freedom of Information Act
and 40 CFR Part 2.
SUBPART 1509.4—DEBARMENT, SUSPENSION, AND INELIGIBILITY
1509.403 Definitions.
The Director, Grants Administration Division, is
designated the "debarring official" and the "suspending
official" as defined in FAR 9.403 and is designated as the
agency official authorized to make the decisions required in
FAR 9.405(a), 9.405-l(b), 9.405-2, 9.406-l(c), and 9.407-
1(d).
1509.404 Consolidated list of debarred, suspended, and
ineligible contractors.
The Director, Grants Administration Division (or designee)
is responsible for notifying GSA in accordance with FAR
9.404(c).
1509.406 Debarment.
1509.406-3 Procedures.
(a) Investigation and referral.
(1) Contracting Officer Responsibility.
(i) When contracting personnel discover information
which indicates that a cause for debarment or suspension may
exist, they shall promptly report such information by
memorandum to the cognizant Chief of the Contracting Office.
Purchasing agents in the small purchase activities which do
not come under the cognizance of the Headquarters, Research
Triangle Park (RTP), or Cincinnati contracting offices shall
report such information by memorandum directly to the Head of
the Contracting Activity (HCA).
(ii) Contracting Officers shall review the GSA
consolidated list to ensure that the Agency does not solicit
offers from, award contracts to, or consent to subcontract
with listed contractors.
(2) Chief of the Contracting Office Responsibility.
When the Chief of the Contracting Office determines that
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sufficient information exists to support the reasonable
belief that a cause for debarment or suspension may exist,
such information shall be promptly reported by memorandum to
the HCA. The memorandum to the HCA may be a cover memorandum
which forwards the Contracting Officer's memorandum and
provides the Chief of the Contracting Office's assessment of
the information, any investigative report or audit, and any
additional information he/she has discovered.
(3) HCA Responsibility - Upon receipt of a report of a
suspected debarment or suspension situation, the HCA or the
designee shall take the following actions:
(i) Notify the Debarring Official that investigation
of a potential debarment has been initiated.
(ii) Review the reported information.
(iii) Investigate as necessary to verify or develop
additional information. Request investigative support from
the EPA Inspector General when appropriate.
(iv) Refer the matter to the Debarring Official for
consideration of debarment; or recommend to the Debarring
Official that the matter be closed without further action
because the facts do not constitute a cause for debarment.
(v) Obtain legal counsel's opinion on referrals or
recommendations made to the Debarring Official.
(vi) Notify EPA Contracting Officers of those
Contractors who are ineligible for solicitation, award, or
subcontracting but who do not appear on the GSA Consolidated
List; e.g., those who are ineligible based on a settlement
reached by the Debarring Official under which the Contractor
has agreed to voluntarily exclude itself from participation
in Government contracting/subcontracting for a specified
period or because of a Notice of Proposal to Debar.
(4) Debarring Official's Responsibility. The Debarring
Official shall:
(i) Review referrals from the HCA together with the
HCA's recommendations, if any, and determine whether further
consideration by the Debarring Official is warranted and take
such actions as are required by FAR Subpart 9.4;
(ii) Obtain the HCA's recommendation prior to
reaching a voluntary exclusion settlement with a Contractor
in lieu of debarment;
(iii) Promptly notify the HCA of Contractors with
whom a settlement in lieu of debarment has been reached under
which the Contractor voluntarily excludes itself from or
restricts its participation in Government
contracting/subcontracting for a specified period; and of
Contractors who have received a Notice of Proposal to Debar.
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1509.407 Suspension.
1509.407-3 Procedures.
The procedures prescribed in 1509.406-3(a) shall be
followed under conditions which appear to warrant suspension
of a Contractor.
SUBPART 1509.5—ORGANIZATIONAL CONFLICTS OF INTEREST
1509.500 Scope of subpart.
This subpart establishes EPA policy and procedures for
identifying, evaluating, and resolving organizational
conflicts of interest. EPA's policy is to avoid, neutralize,
or mitigate organizational conflicts of interest. If EPA is
unable to neutralize or mitigate the effects of a potential
conflict of interest, EPA. will disqualify the prospective
contractor or will terminate the contract when potential or
actual conflicts are identified after award.
1509.502 Applicability.
This subpart applies to all EPA contracts except
agreements with other Federal agencies. However, this
subpart applies to contracts with the Small Business
Administration (SBA) under the 8(a) program.
1509.503 Waiver.
The Assistant Administrator for Administration and
Resources Management may waive any general rule or procedure
of this subpart by determining that its application in a
particular situation would not be in the Government's
interest. Any request for waiver must be in accordance with
FAR 9.503. The Assistant General Counsel for Contracts and
Information Law shall be consulted on such waiver requests.
1509.505-4 Obtaining access to proprietary information.
Contractors gaining access to confidential business
information of other companies in performing advisory
services for EPA shall comply with the special requirements
of 40 CFR Part 2 and the provisions of their contracts
relating to the treatment of confidential business
information.
1509.506 Information sources.
(a) Disclosure. Prospective EPA Contractors responding to
solicitations or submitting unsolicited proposals shall
provide information to the Contracting Officer for use in
identifying, evaluating, or resolving potential
organizational conflicts of interest. The submittal may be a
certification or a disclosure, pursuant to Paragraphs (a)(1)
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or (2) of this section.
(1) If the prospective contractor is not aware of any
information bearing on the existence of any organizational
conflict of interest, it may so certify.
(2) Prospective contractors not certifying in
accordance with Paragraph (a)(1) of this section must provide
a disclosure statement which describes concisely all relevant
facts concerning any past, present, or planned interests
relating to the work to be performed and bearing on whether
they, including their chief executives, directors, or any
proposed consultant or subcontractor, may have a potential
organizational conflict of interest.
(b) Failure to disclose information. Any prospective
contractor failing to provide full disclosure, certification,
or other required information will not be eligible for award.
Nondisclosure or misrepresentation of any relevant
information may also result in disqualification from award,
termination of the contract for default, or debarment from
Government contracts, as well as other legal action or
prosecution. In response to solicitations, EPA will consider
any inadvertent failure to provide disclosure certification
as a "minor informality" (as explained in FAR 14.405);
however, the prospective contractor must correct the omission
promptly.
(c) Exception. Where the Contractor has previously
submitted a conflict of interest certification or disclosure
for a contract, only an update of such statement is required
when the contract is modified.
1509.507 Procedures.
(a) The Contracting Officer shall document in writing the
resolution of any potential or actual conflicts of interest
identified. This documentation shall be reviewed and
approved by the Head of the Contracting Activity (HCA) prior
to award. If the organizational conflict of interest cannot
be resolved by any other means, the Contracting Officer shall
disqualify the prospective contractor from receiving the
contract award.
(b) The Director, Office of Administration, shall review
and make the final decision on any Contractor request for
higher review of the Contracting Officer's decision as
prescribed in FAR 9.507(c)(4).
1509.508 Solicitation provision and contract clause.
(a) Advance notice of limitations. The Contracting
Officer shall alert prospective contractors by placing a
notice in the solicitation whenever a particular acquisition
might create an organizational conflict of interest. The
notice will:
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(1) Include the information prescribed in FAR 9.508-1;
(2) Refer prospective contractors to this subpart; and
(3) Require proposers to disclose relevant facts
concerning any past, present, or currently planned interests
relating to the work described in the solicitation.
(b) Required solicitation provision. Except in
solicitations where the Organizational Conflict of Interest
provision is geared toward the particular acquisition (see
Section 1509.508(a)), the Contracting Officer shall include
in all solicitations the provisions at 1552.209-70 and
1552.209-72. The provision is optional in solicitations for
small purchases.
(c) Required contract clause. The Contracting Officer
shall include the clause in 1552.209-71, in all contracts
over $10,000, and, as appropriate, in small purchases.
However, the Contracting Officer need not include this clause
when a specific clause is developed as prescribed in FAR
9.508-2.
1509.509 Examples.
The examples in the following paragraphs (a) through (e)
illustrate situations concerning organizational conflicts of
interest (OCI) considered typical of those which might be
encountered in EPA contracts. While more than one OCI may
exist in the situations described in the examples, the
discussion is limited so as to demonstrate a specific
conflict. The examples are not all inclusive but are
intended to help in applying the general rules in FAR Subpart
9.5 and 1509.5.
(a) Company A, in response to a Request for Proposals
(RFP), proposes to undertake certain analyses of an air
emission control device. In response to the inquiry in the
RFP, Company A advises that it is currently performing
similar analyses for the manufacturer of the device.
Normally this would constitute an OCI and a contract for that
particular work would not be awarded to Company A. The
company would be placed in a position in which its judgment
could be biased in relation to its work for EPA. Since other
well-qualified sources are available, there would be no basis
for granting a waiver of the policy.
(b) Company A, in response to an RFP, proposes to
undertake an economic analysis of one segment of the chemical
industry. Company A advises that it derives a substantial
portion of its income from the industry to be studied.
Normally this would constitute an OCI and a contract would
not be awarded to Company A. It would be placed in a
position in which its judgment could be biased in relation to
its work for EPA. Should award be made to Company A, the
appearance of an OCI could undermine the credibility of the
data generated under the contract and render such data
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useless for its intended purpose, regardless of whether any
bias is actually reflected in the data.
(c) Company A receives a contract to define the detailed
performance characteristics EPA will require for the purchase
of automobile emission analysis equipment. Company A has not
developed the particular equipment. At the time the contract
is awarded, it is clear to both parties that the performance
characteristics defined will be used by EPA to choose
competitively a Contractor to develop or produce the
equipment. Normally this would constitute an OCI and Company
A should not be permitted to propose on the follow-on
procurement.
(d) Company A is selected to study possible methods for
disposal of toxic substances. The Agency intends to ask that
firms doing research in the field make proprietary
information available to Company A. The contract must
require Company A to protect any proprietary information it
receives, to refrain from using the information for any
purpose other than that for which it was intended, and to
otherwise comply with the requirements of 40 CFR Part 2 and
the provisions of its contract relating to the treatment of
confidential business information.
(e) Company A, in response to an RFP, proposes to perform
inspections for EPA. The inspections are to determine if
companies are meeting Federal requirements for limiting
discharge of pollutants into the air. Company A plans to act
as a consultant to the companies to be inspected. Company A
should be prohibited in the contract from acting as a
consultant to any of the companies being inspected during the
contract period of performance and for a reasonable period
thereafter.
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PART 1510—SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE
DESCRIPTIONS
Sec.
1510.007
1510.011
1510.011-70
1510.011-71
1510.011-72
1510.011-73
Deviations.
Solicitation provisions and contract clauses.
Reports of work.
Monthly progress report—short form.
Monthly progress report—cost-type contract.
Monthly progress report—time and materials or
labor hour contract.
Monthly Progress Report—indefinite
delivery/indefinite quantity fixed-rate services
contract.
Working files.
Legal analysis.
Final reports.
Management consulting services.
1510.011-74
1510.011-75
1510.011-76
1510.011-77
1510.011-78
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1510.007 Deviations.
The Responsible Associate Director (RAD) is the designated
official responsible for ensuring that Federal specifications
are used and that exceptions and deviations are justified in
accordance with FAR 10.007(a).
1510.011 Solicitation provisions and contract clauses.
1510.011-70 Reports of work.
Contracting Officers shall insert one of the contract
clauses at 1552.210-70 when the contract requires the
delivery of reports. Alternate I should be used to specify
reports in the contract schedule, whereas the other clause
should be used when reports are specified in a contract
attachment.
1510.011-71 Monthly progress report—short form.
Contracting Officers shall insert the contract clause at
1552.210-71 when monthly progress reports are required and
the duration of the contract is contemplated to be less than
six months.
1510.011-72 Monthly progress report—cost-type contract.
Contracting Officers shall insert the contract clause at
1552.210-72 when monthly progress reports are required and
the duration of the contract is expected to exceed six
months. This clause may also be used in cost-reimbursement
contracts with a duration of less than six months.
1510.011-73 Monthly progress report—time and materials or
labor hour contract.
Contracting Officers shall insert the clause at 1552.210-
73 in all time and materials or labor hour contracts for
services with a period of performance of six months or
longer. The clause may also be used in these contract types
when the performance period is less than six months.
1510.011-74 Monthly Progress Report—Indefinite
delivery/indefinite quanity fixed rate services contract.
Contracting Officers shall insert the clause at 1552.210-
74 in all indefinite delivery/indefinite quantity contracts
for services with a period of performance of six months or
longer. The clause may also be used in this type contract
when the period of performance is less than six months.
1510.011-75 Working files.
Contracting Officers shall insert the contract clause at
1552.210-75 in all applicable EPA contracts where accurate
working files on all work documentation is required in the
performance of the contract.
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1510.011-76 Legal analysis.
Contracting Officers shall insert the clause at 1552.210-
76 when it is determined that the contract involves legal
analysis.
1510.011-77 Pinal reports.
Contracting Officers shall insert the contract clause at
1552.210-77 when a contract requires both a draft and a final
report.
1510.011-78 Management consulting services.
Contracting Officers shall insert the contract clause at
1552.210-78 in all contracts for management consulting
services.
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PART 1512—CONTRACT DELIVERY OR PERFORMANCE
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
Subpart 1512.1—Delivery or Performance Schedules
1512.104 Contract clauses.
(a) The Contracting Officer shall insert the clause at
1552.212-70, Level of Effort, in term form contracts.
(b) The Contracting Officer shall insert the contract
clause at 1552.212-71, Work Assignments, in cost-
reimbursement type term form contracts when work assignments
are used.
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PART 1513—SMALL PURCHASES AND OTHER SIMPLIFIED PURCHASE
PROCEDURES
Subpart 1513.1—General
Sec.
1513.106 Competition and price reasonableness.
1513.170 Competition exceptions and justification for
sole source small purchase acquisitions.
1513.170-1 Contents of sole source justifications.
1513.170-2 Approval.
1513.170-3 Exceptions.
Subpart 1513.4—Imprest Fund
1513.404 Conditions for use.
Subpart 1513.5—Purchase Orders
1513.505 Purchase order and related forms.
1513.505-2 Agency order forms in lieu of Optional Forms 347
and 348.
1513.507 Clauses.
1513.57 0 Oral purchase orders.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1513.1—GENERAL
1513.106 Competition and Price Reasonableness.
Solicitation mailing lists shall be established and
maintained by the three major contracting offices:
Headquarters in Washington, D.C., Cincinnati, and Research
Triangle Park. Contracting personnel at regional and
laboratory locations are authorized to use the lists
maintained by any of these offices (see 1514.205-1).
1513.170 Competition exceptions and justification for sole
source small purchase acquisitions.
1513.170-1 Contents of sole source justifications.
The program office submitting the procurement request must
submit, as a separate attachment, a brief written statement
in support of any sole source acquisition. The statement
must cite one or more of the circumstances in FAR 6.302 and
the necessary facts to support each circumstance. Although
program offices may not cite the authority in FAR 6.302-7,
the public interest may be used as a basis to support a sole
source acquisition. If the acquisition has been synopsized
as a notice of proposed sole source acquisition, the
statement must include the results of the evaluation of
responses to the synopsis. (See 1505.2.0 for contents of a
synopsis of a proposed sole source acquisition.)
1513.170-2 Approval.
The Contracting Officer is the approving official for all
sole source acquisitions processed using small purchase
procedures.
1513.170-3 Exceptions.
A written justification is not required for the following
types of acquisitions: (a) acquisitions under mandatory
Federal Supply Schedule or mandatory ADP and TSP schedules;
and (b) acquisitions required by statute to be obtained from
a specific source, such as the National Industries for the
Blind or Other Severely Handicapped or Federal Prison
Industries.
SUBPART 1513.4—IMPREST FUND
1513.404 Conditions for use.
Imprest funds may be used for small purchases when the
transaction does not exceed $500 ($750 under emergency
conditions).
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SUBPART 1513.5—PURCHASE ORDERS
1513.505 Purchase order and related forms.
1513.505-2 Agency order forms in lieu of Optional Forms 347
and 348.
Contracting Officers may use the EPA Form 1900-8,
Procurement Request/Order, in lieu of Optional Forms 347 and
348 for individual purchases prepared in accordance with the
instructions printed on the reverse thereof (see 1553.213-
70) .
1513.507 Clauses.
(a) It is the general policy of the Environmental
Protection Agency that Contractor or vendor prescribed leases
or maintenance agreements for equipment shall not be
executed.
(b) The Contracting Officer shall, where appropriate,
insert the clause at 1552.213-70, Notice to Suppliers of
Equipment, in orders for purchases or leases of automatic
data processing equipment, word processing, and similar types
of commercially available equipment for which vendors, as a
matter of routine commercial practice, have developed their
own leases and/or customer service maintenance agreements.
1513.570 Oral purchase orders.
(a) Contracting Officers are authorized to issue oral
purchase orders for supplies or services whose estimated
value is $10,000 or less. Oral purchase orders may be used
only where all of the following conditions are present:
(1) Supplies or services (including construction) are
readily available;
(2) detailed specifications or complex terms and
conditions are not required;
(3) The vendor is willing to furnish the
supplies/services on the basis of an oral order; and
(4) The vendor has been advised orally of FAR/EPAAR
contract clauses which are applicable.
(b) In addition to documenting the existence of the
conditions prescribed in (a) above, the following actions
must also be completed:
(1) The Procurement Request/Order must be annotated to
indicate the date and number of the order, the supplier, the
dollar value, and the delivery and discount terms.
(2) The annotated Procurement Request/Order must be
retained in the purchase order file and copies provided to
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the originator of the procurement request, the commitment
clerk, the paying office, the property office, and the
shipping/receiving office.
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PART 1514—SEALED BIDDING
Sec.
1514.000 Scope of part.
Subpart 1514.2—Solicitation of Bids
1514.201 Preparation of invitations for bids.
1514.201-6 Solicitation provisions.
1514.205 Solicitation mailing lists.
1514.205-1 Establishment of lists.
1514.205-5 Release of solicitation mailing lists.
Subpart 1514.4—Opening of Bids and Award of Contract
1514.404 Rejection of bids.
1514.404-1 Cancellation of invitations after opening.
1514.406 Mistakes in bids.
1514.406-3 Other mistakes disclosed before award.
1514.406-4 Mistakes after award.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1514.000 Scope of part.
This part implements and supplements FAR Part 14 by
providing additional guidance regarding the development of
lists of qualified bidders, including small and disadvantaged
business sources, and by requiring additional information
from bidders that will be used in evaluating bids for award.
SUBPART 1514.2—SOLICITATION OF BIDS
1514.201 Preparation of invitations for bids.
1514.201-6 Solicitation provisions.
(a) The Contracting Officer shall insert the solicitation
provision at 1552.214-70, Past Performance, in all
invitations for bids.
(b) The Contracting Officer shall insert the solicitation
provision at 1552.214-71, Contract Award—Other Factors—
Sealed Bidding, in invitations for bids when it is
appropriate to describe other factors that will be used in
evaluating bids for award.
1514.201-7 Contract Clauses.
The Responsible Associate Director (RAD) is authorized to
waive the inclusion of the clauses at FAR 52.214-27 and
52.214-28, in accordance with FAR 14.201-7.
1514.205 Solicitation mailing lists.
1514.205-1 Establishment of lists.
(a) Within EPA, solicitation mailing lists shall be
established and maintained by the three major contracting
offices (Headquarters in Washington, D.C., Cincinnati, and
Research Triangle Park) to provide for the maximum number of
qualified sources in solicitations consistent with the nature
of supplies or services to be acquired. Contracting pers-
onnel at regional and laboratory locations are authorized to
use the lists maintained by any of these offices.
(b) It is the policy of EPA to use the Small Business
Administration (SBA) procurement automated source system
(PASS) for identification of small business and small
disadvantaged business sources. PASS is capable of
identifying businesses that are small, disadvantaged, women-
owned, in labor surplus areas, and by geographic location or
any combination thereof.
(c) Identification of sources through PASS or the
solicitation mailing list does not negate the requirement for
the Contracting Officer to synopsize the acquisition in
accordance with FAR 5.201.
(d) For motion picture and videotape production
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requirements, the Department of Defense (DOD) Directorate for
Audiovisual Management Policy, 1117 North 19th Street, Room
601, Arlington, Virginia 22209, is the Executive Agent
responsible for maintaining a Qualified Film Producers List
and a Qualified Videotape Producers List. When a requirement
arises, the Contracting Officer shall notify the Executive
Agent who will furnish the names of vendors in increments of
five on a rotational basis. The Contracting Officer shall
provide a copy of the solicitation to the Executive Agent.
1514.205-5 Release of solicitation mailing lists.
EPA installations shall make the solicitation mailing
list, established under 1514.205-1, available to the public
and Contractors during normal business hours.
SUBPART 1514.4—OPENING OF BIDS AND AWARD OF CONTRACT
1514.404 Rejection of bids.
1514.404-1 Cancellation of invitations after opening.
The RAD is authorized to make the determination in FAR
14.404-1(c), after consultation with legal counsel.
1514.406 Mistakes in bids.
1514.406-3 Other mistakes disclosed before award.
The Head of the Contracting Activity (HCA) is delegated
the authority to make the administrative determinations in
connection with mistakes in bids prior to award. This
authority may not be redelegated. The legal counsel must
review and concur with the determination.
1514.406-4 Mistakes after award.
The Chief of the Contracting Office is authorized to make
determinations on mistakes in bids disclosed after award.
The legal counsel must review and concur with the
determination.
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PART 1515—CONTRACTING BY NEGOTIATION
Sec.
1515.000 Scope of part.
Subpart 1515.4—Solicitation and Receipt of Proposals and
Quotations
1515.403 Solicitation mailing lists.
1515.407 Solicitation provisions.
1515.413 Disclosure and use of information before award.
Subpart 1515.5—Unsolicited Proposals
1515.506 Agency procedures.
1515.507 Contracting methods.
Subpart 1515.6—Source Selection
1515.600 Scope of subpart.
1515.602 Applicability.
1515.603 Purpose.
1515.604 Responsibilities and duties.
1515.604-70 Personal conflicts of interest.
1515.605 Evaluation factors.
1515.608 Proposal evaluation.
1515.609 Competitive range.
1515.610-70 Limited discussions versus full negotiations.
1515.611 Best and final offers.
1515.612 Formal source selection.
Subpart 1515.8—Price Negotiation
1515.804 Cost or pricing data.
1515.804-3 Exemptions from a waiver of submission of
certified cost or pricing data.
Subpart 1515.9—Profit
1515.900 Scope of subpart.
1515.902 Policy.
1515.905 Profit-analysis factors.
1515.970 EPA structured approach for developing
profit or fee objectives.
1515.970-1 General.
1515.970-2 EPA structured system.
1515.970-3 Documentation.
Subpart 1515.10—Preaward, Award, and Postaward
Notifications, Protests, and Mistakes
1515.1003 Debriefing of unsuccessful offerors.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1515.000 Scope of part.
This part implements and supplements FAR Part 15. It
prescribes the Environmental Protection Agency policies and
procedures for contracting for supplies and services by
negotiation.
SUBPART 1515.4—SOLICITATION AND RECEIPT OF PROPOSALS AND
QUOTATIONS
1515.403 Solicitation mailing lists.
Contracting offices shall establish, maintain, and use
lists of potential sources in accordance with 1514.205-1.
1515.407 Solicitation Provisions.
(a) In addition to those provisions prescribed in FAR
15.407, the Contracting Officer shall insert in negotiated
solicitations the provisions at—
(1) 1552.215-72, Past Performance;
(2) 1552..215-73, Instructions for the Preparation of
Technical and Cost or Pricing Proposals; and
(3) 1552.215-76, General Financial and Organizational
Information.
(b) The Contracting Officer shall insert the provisions at
1552.215-74, Cost Proposal Instructions, in negotiated
solicitations when cost or pricing data is required in an
offeror's proposal and it is necessary to obtain the detailed
cost data specified in the provision. While designed to
obtain cost data for acquisitions under the Comprehensive
Environmental Response, Compensation and Liability Act, the
provision may be used in other negotiated solicitations.
1515.413 Disclosure and use of information before award.
(a) Contracting Officers shall follow the Alternate II
proposal evaluation procedures in FAR 15.413-2.
(b) After receipt of proposals, none of the information
contained in them or concerning the number or identity of
offerors shall be made available to the public or to anyone
in the Government not having a legitimate interest. In the
event an outside evaluation is to be obtained, information in
proposals or information concerning the number or identity of
offerors shall be disclosed only to the extent authorized by
and in accordance with the procedures of FAR 15.413-2(f) and
these regulations, 1515.413.
(c) During the preaward or preacceptance period of a
negotiated acquisition, only the contracting officer, the
contracting officer's superiors having contractual authority,
and others specifically authorized shall transmit technical
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or other information and conduct discussions with prospective
contractors. Information shall not be furnished to a
prospective contractor if, alone or together with other
information, it may afford the prospective contractor an
advantage over others (see FAR 15.610, Written or oral
discussion). However, general information that is not
prejudicial to others may be furnished upon request.
(d) The Chief of the Contracting Officer (CCO) is the
designated official to make the decision as provided by FAR
15.413-2(f)(1).
(e) The Contracting Officer shall submit a written,
determination to the CCO whenever the use of FAR 15.413-2(f)
procedures is contemplated. Following CCO approval,
proposals may be released to non-Government employees for
review and evaluation consistent with the provisions of FAR
15.413-2(f)(2)-(5).
(f) The following written certification and agreement
shall be obtained from the non-Government evaluator prior to
the release of any proposal to that evaluator:
"CERTIFICATION ON THE USE AND DISCLOSURE OF PROPOSALS"
RFP #: Offeror:
1. I hereby certify that to the best of my knowledge and
belief, no conflict of interest exists that may diminish my
capacity to perform an impartial, technically sound,
objective review of this proposal(s) or otherwise result in a
biased opinion or unfair competitive advantage.
2. I agree to use any proposal information only for
evaluation purposes. I agree not to copy any information
from the proposal(s), to use my best effort to safeguard such
information physically, and not to disclose the contents of
nor release any information relating to the proposal(s) to
anyone outside of the Source Evaluation Board assembled for
this acquisition or individuals designated by the Contracting
Officer.
3. I agree to return to the Government all copies of
proposals, as well as any abstracts, upon completion of the
evaluation.
(Name and Organization) (Date of Execution)
(End of Certificate)
(g) The Contracting Officer shall place the Government
Notice for Handling Proposals (FAR 15.413-2(e)) on the cover
pages of all proposals upon their receipt.
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SUBPART 1515.5--UNSOLICITED PROPOSALS
1515.506 Agency Procedures.
The Director, Grants Administration Division (PM-216),
EPA, 401 M Street, S.W., Washington, D.C. 20460, is the
Agency contact point established to coordinate the receipt
and handling of unsolicited proposals.
1515.507 Contracting methods.
The Department of Housing and Urban Development-
Independent Agencies Appropriation Act contains a requirement
that none of the funds provided in the Act may be used for
payment through grants or contracts to recipients that do not
share in the cost of conducting research resulting from
proposals that are not specifically solicited by the
Government. Accordingly, contracts which result from
unsolicited proposals shall provide for the Contractor to
bear a portion of the cost of performance for work subject to
the Act. However, where there is no measurable gain to the
performing organization, cost sharing is not required.
SUBPART 1515. SOURCE SELECTION
1515.600 Scope of subpart.
This subpart establishes EPA policies and procedures for
the source evaluation and selection processes in competitive
negotiated acquisitions.
1515.602 Applicability.
FAR Subpart 15.6 and this subpart apply to all competitive
negotiated acquisitions in excess of $25,000, except
architect-engineering services which are covered in 1536.6.
1515.603 Purpose.
EPA personnel shall conduct source evaluation and
selection in accordance with consistent standards and
procedures that ensure fair and impartial treatment of all
offerors.
1515.604 Responsibilities and duties.
In addition to those cited in FAR 15.604, the following
responsibilities and duties are assigned:
(a) Source Selection Official. The Source Selection
Official (SSO) is the official responsible for overall
management of the source selection process. Duties of the
SSO include appointing the members and chairpersons of the
Source Evaluation Board, the Technical Evaluation Panel, and
the Business Evaluation Panel and approving the solicitation
document. However, the Chief of the Contracting Activity
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(CCO) is responsible for approving amendents to solicitation
documents. The SSO approves competitive range decision and
makes the source selection decision.
(b) Source Evaluation Board. The Source Evaluation Board
(SEB) consists of a chairperson who is responsible for all of
the procedural and administrative aspects of the SEB, and
other specialists, e.g., technical, procurement, and
financial, as may be deemed appropriate by the SSO. An
attorney from the Office of General Counsel should serve in
an advisory role to the SEB. The SEB makes recommendations
to the SSO on selection of a contractor for award.
(c) Technical Evaluation Panel. The Technical Evaluation
panel (TEP) develops the evaluation criteria and the
Statement of Work for the solicitation and performs the
technical evaluation of offers. All members of the TEP must
review all proposals initially submitted in response to a
solicitation. Unless approved in advance by the SSO, only
individuals who evaluated initial proposals may evaluate
revised proposals submitted after determination of the
competitive range.
(d) Business Evaluation Panel. The Business Evaluation
Panel (BEP) reviews the solicitation evaluation criteria and
Statement of Work from a business perspective; evaluates the
business and contractual aspects of the offerors' business
proposals; and considers other factors such as responsibility
of the offerors.
1515.604-70 Personal conflicts of interest.
(a) Only regular or special Government employees of EPA as
defined in 4 0 CFR 3.102, or where appropriate, other Federal
Government agencies, may participate in the evaluation and
selection process. In the event an outside evaluation is to
be obtained, non-Government employees may participate only if
the procedures in FAR 15.413-2(f) and 1515.413 are followed.
(b) Each EPA employee (including special employees)
engaged in source evaluation and selection is required to be
familiar with the provisions of 40 CFR Part 3 regarding
personal conflicts of interest. The employee shall inform
the Source Selection Official in writing if his/her
participation in the source evaluation and selection process
could be interpreted as a possible or apparent conflict of
interest. The SSO shall relieve any EPA employee who has a
conflict of interest of further duties in connection with the
evaluation and selection process.
1515.605 Evaluation factors.
The evaluation factors that will be considered in making
the source selection and their relative importance shall be
included in "Part IV, Section M, Evaluation Factors for
Award," in each solicitation.
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(a) The Contracting Officer shall insert the provision in
1552.215-70, EPA Source Evaluation and Selection Procedures—
Negotiated Procurements and either (1) the provision in
1552.215-71 Evaluation Factors for Award where technical
quality is more important than cost or price, or (2) the
provision in Alternate I to 1552.215-71 where cost or price
is more important than technical quality, provided an
offeror's technical proposal meets the minimum needs of the
government.
(b) Technical evaluation criteria should be prepared in
accordance with FAR 15.605 and inserted into paragraph (b) of
the provision in 1552.215-71 or Alternate I to that
provision.
1515.608 Proposal evaluation.
(a) The initial technical evaluations of proposals shall
be conducted in accordance with the following procedures.
(1) The evaluation of technical proposals shall be
accomplished using the Scoring Plan specified below, which
consists of narrative qualitative descriptions to which
numerical to values have been assigned. These values shall be
applied against the weight assigned to each technical
evaluation criterion and subcriterion set forth in the
solicitation. The Scoring Plan values are expressed on a
scale of zero through five; each value, except "0," "3. 5,"
and "4.5" represents a multiple of 20 percent which is to be
used in determining the technical score. For example, a
value of "4" applied to a particular technical evaluation
criterion whose weight is 30, would result in a technical
score of 24. The values used in technical proposal
evaluation shall be limited to those established in the
Scoring Plan.
SCORING PLAN
Value Descriptive Statement
0 The element is not addressed, or is totally
deficient and without merit.
1 The element is addressed but contains
deficiencies that can be corrected only by
major or significant changes to relevant
portions of the proposal.
2 Clarification is required. Final scoring
of the element will be made following
limited discussions or full negotiations,
if discussions or negotiations are held with
the offeror.
3 The proposal element is adequate. Overall it
meets specifications. However, comments should
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be made on any perceived weaknesses or on areas
in which an offeror could improve.
3.5* Intermediate merit.
4 The proposal is good with some superior
features.
4.5* Intermediate merit.
5 The proposal is superior in most features.
* The values 3.5 and 4.5 are to be used to indicate
intermediate merit. If used, the Chairperson of the
Technical Evaluation Panel shall provide a narrative to
explain the distinction between values 3 and 4 or values 4
and 5.
(2) Ranking. The assignment of numerical scores to a
technical proposal establishes the relative rank of that
proposal with respect to those of other offerors. The use of
pre-established cut-off scores to determine the competitive
range or the source to be selected is prohibited. Each
member of the TEP shall independently evaluate and score each
offer. The TEP Chairperson shall develop a consensus opinion
on the scores assigned to each offer. The averaging of
individual TEP member's scores to arrive at an overall panel
score is prohibited.
(b) Technical and business evaluation panel reports of
initial offers. The TEP and BEP shall deliver their
respective reports to the Contracting Officer upon completion
of the evaluation of initial offers.
(1) The TEP report shall include:
(i) A detailed scoring of each offer received and a
narrative summary of facts and findings of significant
strengths, weaknesses, and risks associated with each offer.
The narrative summary and the score must be consistent.
Score sheets prepared by each individual panel member must be
made available upon the Contracting Officer's request. For
contracts valued at $500,000 or less, the chairperson of the
TEP may use the short form technical evaluation format (EPA
Form 1900-61); and
(ii) Any interrogatories the Contracting Officer
should submit to offerors to clarify their technical
proposals. The Contracting Officer may review the technical
proposals and TEP evaluation and submit and additional
interrogatories deemed appropriate.
(2) The BEP report shall include:
(i) A preliminary cost evaluation of each offeror's
cost proposal. The evaluation may include worksheets or a
formal narrative pointing out cost elements which appear
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unreasonable or questionable. For level of effort contracts,
the evaluation shall compare proposed costs with the cost
standards specified in the solicitation (e.g., man-hours per
labor category); and
(ii) A discussion of any factors which might prevent
award to an offeror (e.g., appearance on a debarred/suspended
list).
(3) Both the TEP and BEP reports shall also include:
(i) A statement that the respective panel members
are free from actual or potential personal conflicts of
interest; and
(ii) Any information which might reveal that an
offeror has an actual or potential organizational conflict of
interest.
(c) Technical and business evaluation reports following
the competitive range determination.
(1) The Project Officer shall deliver a supplemental
TEP report to the Contracting officer at the completion of
evaluation of revised proposals and prior to final selection.
The supplemental report shall include, for each offeror in
the competitive range:
(i) A discussion of whether or not the offerors'
cost proposals adequately reflect their technical proposals
and the requirements of the solicitation,
(ii) A summary evaluation of the technical aspects
of each offeror's record of recent or current performance.
The evaluation of past performance includes an analysis of
the offeror's previous efforts to provide work of a high
quality in a timely, cost-efficient manner. However, past
performance is not a criterion to be scored. Where the
offeror is known to have performed contracts for EPA and for
other Government agencies for comparable work, those agencies
should be contacted for a record of past performance and the
Contracting Officer contacted for a record of past
performance on EPA contracts; and
(iii) Any changes to the initial technical
evaluation scores and a narrative evaluation based on
discussions or negotiations and the revised technical
proposal. All revised score sheets by each panel member must
be included.
(2) The BEP shall deliver a supplemental BEP report to
the Contracting Officer at the completion of evaluation of
revised proposals and prior to final selection. The
supplemental report shall include, for each offeror in the
competitive range:
(i) A detailed cost analysis of the business
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proposal. For contracts valued at $500,000 or less, EPA
encourages the contract specialist to perform the cost
analysis. However, the contract specialist may seek the
assistance of a cost/price analyst when necessary;
(ii) An evaluation of the offeror's proposed
management structure to be utilized for performance:
(iii) An evaluation of the offeror's subcontracting
program as it relates to small businesses, labor surplus area
concerns, and socially and economically disadvantaged
business enterprises;
(iv) An evaluation of the offeror's record of
performance under prior EPA contracts as it relates to timely
performance, history of cost control, requests for changes,
and quality of the end product. The BEP should obtain this
information from the Contractor Performance Evaluation
System. Where the offeror is known to have performed with
other Government agencies for comparable work, the BEP should
contact those agencies for a record of past performance; and
(v) An evaluation of those business elements
submitted with each proposal which could lead to a
determination of nonresponsibility by the Contracting
Officer.
(d) Safeguarding information. The following procedures
are prescribed for protecting source selection information.
(1) Offerors' identities, offer contents, and prices
shall be treated with the utmost discretion to avoid
compromising the evaluation results or giving any offeror an
unfair competitive advantage. Any questions regarding the
receipt and distribution of offers, status of the
proceedings, or other matters shall be referred to the
Contracting Officer or designated contract specialist.
(2) After receipt of proposals, the contract specialist
shall serially number all proposal copies received,
distribute the required number of proposal copies to the TEP
and BEP, and be responsible for the collection and final
disposal of proposal copies. The panel chairpersons shall
maintain a log of proposal distribution within the TEP and
BEP. The contract specialist shall destroy all excess copies
of proposals in a timely manner. The original copy of each
unsuccessful proposal should be retained by the contract
specialist as a reference in conducting debriefings. A
minimum of two copies of the successful proposal should be
retained (contract file copy/Project Officer file copy) for
reference in administering the contract. Final disposition
of the file shall be accomplished in accordance with FAR
Subpart 4.8, and the EPA Records Management Manual.
(e) Rejection of proposals. The Head of the Contracting
Activity is authorized to make the determination in FAR
15.608(b).
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1515.609 Competitive range.
(a) The Contracting Officer shall prepare the
determination of the competitive range for the subsequent
approval of the SSO. Where there is reasonable doubt
regarding the inclusion of a particular offer within the
competitive range, that doubt should be resolved in favor of
inclusion. All determinations must be completely documented
to support the competitive range decision.
(b) When the procurement action is expected to exceed
$5,000,000 ($25,000,000 for Superfund), the SSO may call for
an oral briefing by the Contracting Officer prior to
concurrence on the competitive range decision.
(c) When only one offer is determined to be in the
competitive range, the Contracting Officer shall review the
solicitation document to assure that it did not unduly
restrict competition. The competitive range determination
shall include a discussion of the relevant aspects of the
solicitation.
1515.610-70 Limited discussions versus full negotiations.
(a) To satisfy the varying nature of its acquisitions, EPA
encourages the Contracting Officer to suit the negotiation
strategy to the circumstances of the procurement. Factors
include the number of proposals and relative closeness of
technical scores and costs.
(b) After determination of the competitive range, the
Contracting Officer may proceed with limited cost/full
technical discussions with the firms in the competitive
range, generally through interrogatories, and final in-depth
negotiations with one or more firm(s) still within the
competitive range after evaluation of revised proposals;
complete full cost and technical negotiations with all firms
comprising the competitive range; or a variation of these two
approaches as the circumstances of the procurement dictate.
Regardless of which approach is used, the Contracting Officer
is encouraged to raise cost questions as early as possible
and not defer them to final negotiations.
Discussions/negotiations with contractors in the competitive
range shall include questions on past performance (Government
and non-Government) that was less than satisfactory.
Information on past performance may be obtained from program
personnel who have served as Project Officers on relevant
contracts, and/or from the contractor performance'
evaluations maintained by the Procurement and Contracts
Management Division.
1515.611 Best and final offers.
The Contracting Officer shall establish a common cut-off
date for receipt of revised proposals and/or confirmations of
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negotiations (best and final offers) upon completion of
limited discussions or full negotiations.
1515.612 Formal source selection.
(a) Responsibilities for evaluation and selection. The
Source Selection Official (SSO) shall appoint the SEB, TEP,
and BEP members prior to issuance of the solicitation to
allow the members to participate in the development and
review of the solicitation document. Appointments should be
recommended in the source selection plan prepared by the
Contracting Officer in accordance with FAR 15.612(c).
Individuals involved in the evaluation and selection process
shall be at the levels specified below.
(1) Acquisitions having a potential value exceeding
$5,000,000 ($25,000,000 for Superfund):
(i) SSO - RAD.
(ii) SEB Chairperson - Chief of the Contracting
Office (CCO) or, in his/her absense, the Acting CCO.
(iii) SEB Membership - TEP chairperson, BEP
chairperson, program office representative not otherwise
involved in the evaluation process, and other specialists
appointed by the SSO.
(iv) TEP Chairperson - Project Officer (PO).
(v) TEP Membership - At least two members in
addition to the Project Officer who are knowledgeable of the
procurement's technical aspects.
(vi) BEP Chairperson - Contracting Officer (CO)
(vii) BEP Membership - Contract specialist and
cost/price analyst.
(2) Acquisitions having a potential value of
$5,000,000 or less ($25,000,000 or less for Superfund):
(i) SSO - To be determined by the Chief of the
Contracting Office, unless otherwise restricted in his/her
delegation of procurement authority.
(ii) SEB - An SEB need be established only when
requested by the program office or determined necessary by
the SSO. The SSO shall determine the organizational levels
of the individuals to serve on the SEB.
(iii) TEP and BEP chairpersons and memberships shall
be constituted as in paragraph (a)(1)(iv) through (vii) of
this section. (For contracts valued at $500,000 or less, the
Project Officer may be the only member of the TEP and the
Contracting Officer or contract specialist may be the only
member of the BEP.)
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(b) Source Selection Decision.
(1) Source Evaluation Board Report. In procurements
where an SEB is convened, the SEB shall provide the SSO with
a report on its findings. The report shall be submitted
after completion of discussions or full negotiations,
depending on the source selection method employed, and shall
include:
(i) A description of the acquisition;
(ii) A summary of the significant strengths,
weaknesses, and risks associated with each offer still in the
competitive range. This summary shall generally be an
independent assessment of the facts and findings appearing in
the TEP and BEP reports. The SEB report contains
recommendations for selection; and
(iii) A statement that the SEB members are free from
actual or potential personal conflicts of interest.
(2) Source selection.
(i) The Contracting Officer shall prepare the source
selection decision for the SSO's subsequent approval. The
decision shall document the consideration given to price or
cost, technical merit, and other factors contained in the
solicitation. These other factors (e.g., record of prior
performance, the offeror's subcontracting plan, etc.) may be
used as the unscored discriminating elements for determining
the selection of a source between two otherwise substantially
equal offers from both a cost and technical standpoint.
(ii) The SEB report to the SSO may serve as the
source selection decision provided the recommendation of the
SEB is accepted by the SSO and the SEB report includes the
information required by 1515.612(b)(2)(i).
SUBPART 1515.8—PRICE NEGOTIATION
1515.804 Cost or pricing data.
1515.804-3 Exemptions from or waiver of submission of
certified cost or pricing data.
The Responsible Associate Director (RAD) is delegated the
authority to waive, in exceptional cases, the requirement for
submission of certified cost or pricing data.
SUBPART 1515.9—PROFIT
1515.900 Scope of subpart.
This subpart implements FAR subpart 15.9 and prescribes
the EPA structured approach for determining profit or fee
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prenegotiation objectives.
1515.902 Policy.
(a) EPA structured approach. FAR 15.902 requires that
agencies use a structured approach for determining the profit
or fee objective in those acquisitions that require cost
analysis. The structured approach prescribed in 1515.970
shall be used by EPA Contracting Officers in developing a
prenegotiation profit or fee objective except as provided in
paragraph (b)(1) of this section. The purpose of the
structured approach is:
(1) To provide a standard method of evaluation;
(2) To ensure consideration of all relative factors;
(3) To provide a basis for documentation and
explanation of the profit negotiation objective;
(4) To allow Contractors to earn profits commensurate
with the assumption of risk;
(5) To reward Contractors who provide their own
facilities, financing and personnel; and
(6) To reward Contractors who undertake more difficult
work requiring higher risks.
(b)(1) Other methods. Contracting officers may use
methods other than those prescribed in 1515.970 for
establishing profit or fee objectives under the following
circumstances.
(i) Architect-engineering contracts;
(ii) Personal or professional service contracts;
(iii) Management contracts, a.g., for maintenance or
operation of Government facilities:
(iv) Termination settlements;
(v) Engineering services, labor-hour, time and
materials contracts which provide for payment on a man-hour,
man-day, or man-month basis, and where the contribution by
the Contractor constitutes the furnishing of personnel rather
than the output of an integrated research, engineering, or
manufacturing operation;
(vi) Construction contracts; and
(vii) Cost-plus-award-fee contracts.
(2) Generally, it is expected that such methods will:
(i) provide the Contracting Officer with a technique
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that will ensure consideration of the relative value of the
appropriate profit factors described under "Profit Factors,"
and
(ii) serve as a basis for documentation of the
objective.
(c) Under unusual circumstances, the Responsible Associate
Director (RAD) may specifically waive the requirement for the
use of the guidelines. Such exceptions shall be justified in
writing and authorized only in situations where the
guidelines method is determined to be unsuitable.
(i) Limitations. In the event that any of the
methods used would result in establishing a fee objective in
violation of limitations established by statute (see FAR
15.903(d)), the maximum fee objective shall be the percentage
allowed pursuant to such limitations. No administrative
ceilings on profits or fees shall be established.
1515.905 Profit-analysis factors.
Profit-analysis factors prescribed in the EPA structured
approach in analyzing profit or fee include those prescribed
by FAR 15.905-1 and additional factors authorized by FAR
15.905-2 to foster achievement of Program objectives. These
profit or fee factors are prescribed in 1515.970-2.
1515.970 EPA structured approach for developing profit or fee
objectives.
1515.970-1 General.
(a) It is the policy of the Agency to utilize profit to
attract Contractors who possess talents and skills necessary
to the accomplishment of the objectives of the EPA and to
stimulate efficient contract performance. In negotiating
profit/fee, it is necessary that all relative factors be
considered, and that fair and reasonable amounts be
negotiated which give the Contractor a profit objective
commensurate with the nature of the work to be done, the
Contractor's input to the total performance, and the risks
assumed by the Contractor.
(b) To properly reflect differences among contracts and
the circumstances relating thereto and to select an
appropriate relative profit/fee in consideration of these
differences and circumstances, weightings have been developed
for application by the Contracting Officer to standard
measurement bases representative of the prescribed profit
factors cited in FAR 15.905 and paragraph 1515.970-2 (a) (1).
Each profit factor or subfactor, or component thereof, has
been assigned weights relative to their value to the
contract's overall effort and the range of weights to be
applied to each profit factor.
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1515.970-2 EPA structured system.
(a) (1) Profit factors. The factors set forth below and
the weighted ranges listed after each factor shall be used in
all instances where the profit is to be specifically
negotiated.
CONTRACTOR'S INPUT TO TOTAL PERFORMANCE
Direct Materials: Weight Range
(Percent)
Purchases 1 to 4
Subcontracts 1 to 5
Equipment 1 to 2
Engineering labor 8 to 15
Engineering overhead 6 to 9
Manufacturing labor 5 to 9
Manufacturing overhead 4 to 7
Consultants 2 to 5
Other direct costs 1 to 3
General and administrative expenses 5 to 8
Contractor's assumptions of contract cost risk ... 0 to 6
Record of contractor's performance -2 to +2
Cost efficiency
Management
Extent of investment
Reliability of cost estimates
Inventive and developmental contributions
Timely performance
Small business participation
Labor surplus area participation
Extent of Government assistance
Effect of competition
(2) The Contracting Officer shall first measure the
"Contractor's Input to Total Performance" by the assignment
of a profit percentage within the designated weight ranges to
each element of contract cost recognized by the Contracting
Officer. Such costs are multiplied by the specific
percentages to arrive at specific dollar profits. The amount
calculated for facilities capital cost of money shall not be
included as part of the cost base for the computation of
profit or fee. A complete discussion of how facilities
capital cost of money is determined and how it is applied and
administered is set forth in FAR 31.205-10.
(3) After computing a total dollar profit for the
Contractor's Input to Total Performance, the Contracting
Officer shall calculate the specific profit dollars assigned
for cost risk and performance. This is accomplished by
multiplying the total Government cost objective, exclusive of
any facilities capital cost of money, by the specific weight
assigned to cost risk and performance. The Contracting
Officer shall then determine the profit or fee objective by
adding the total profit dollars for the Contractor's Input to
Total Performance to the specific dollar profits assigned to
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cost risk and performance. The profit or fee objective shall
then be reduced by an amount equal to the amount of
facilities capital cost of money allowed. EPA Form 1900-2
shall be used to facilitate the calculation of this profit or
fee objective.
(4) The weight factors shown are designed for arriving
at profit or fee objectives for other than nonprofit and not-
for-profit organizations. Adjustments as explained below are
to be made to reflect differences between profit and
nonprofit organizations.
(i) For purposes of this subparagraph, nonprofit and
not-for-profit organizations are defined as those business
entities organized and operated exclusively for charitable,
scientific or educational purposes, no part of the net
earnings of which inure to the benefit of any private
shareholder or individual, no substantial part of the
activities of which is carrying on propaganda or otherwise
attempting to influence legislation or participating in any
political campaign on behalf of any candidate for public
office, and which are exempt from Federal income taxation
under section 51 of the Internal Revenue Code.
(ii) For contracts with nonprofit and not-for-profit
organizations where fees are involved, the following
adjustments are required:
(A) A special factor of -3 percent shall be
assigned in all cases.
(B) The weighted ranges from "Record if
Contractor's Performance" shall be halved, i.e., -1 percent
to +1 percent rather than -2 percent to +2 percent.
(b) Assignment of values to specific factors—
(1) General. In making his/her judgment of the value
of each factor, the Contracting Officer should be governed by
the definition, description, and purpose of the factors
together with considerations for evaluating them as set forth
herein.
(2) Contractor's input to total performance. This
factor is a measure of how much the Contractor itself is
expected to contribute to the overall effort necessary to
meet the contract performance requirements in an efficient
manner. This factor, which is apart from the Contractor's
responsibility for contract performance, takes into account
what resources are necessary and what the Contractor itself
must do to accomplish a conversion of ideas and materials
into the final item called for in the contract. This is a
recognition that within a given performance output, or within
a given sales dollar figure, necessary efforts on the part of
individual contractors can vary widely in both value and
quantity, and that the profit objective should reflect the
extent and nature of the Contractor's contribution to total
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performance. Greater profit opportunity should be provided
under contracts requiring a high degree of professional and
managerial skill and to prospective contractors whose skills,
facilities, and technical assets can be expected to lead to
efficient and economical contract performance. The
evaluation of this factor requires an analysis of the cost
content of the proposed contract as follows:
(i) Direct materials (purchased parts, subcontracted
items, and other material). Analysis of these cost items
shall include an evaluation of the managerial and technical
effort necessary to obtain the required purchased parts,
subcontracted items, and other materials. This evaluation
shall include consideration of the number of orders and
suppliers, and whether established sources are available or
new sources must be developed. The Contracting Officer shall
also determine whether the Contractor will, for example,
obtain the materials by routine orders or readily available
supplies (particularly those of substantial value in relation
to the total contract costs), or by detailed subcontracts for
which the prime Contractor will be required to develop
complex specifications involving creative design or close
tolerance manufacturing requirements. Consideration should
be given to the managerial and technical efforts necessary
for the prime Contractor to administer subcontracts, and
select subcontractors, including efforts to break out
subcontracts from sole sources, through the introduction of
competition. These determinations should be made for
purchases of raw materials or basic commodities, purchases of
processed material including all types of components of
standard or near-standard characteristics, and purchases of
pieces, assemblies, subassemblies, special tooling, and other
products special to the end-item. In the application of this
criterion, it should be recognized that the contribution of
the prime Contractor to its purchasing program might be
substantial. This might be applicable if the management of
subcontracting programs involving many sources, involving new
complex components and instrumentation, incomplete
specifications, and close surveillance by the prime
Contractor's representative. Recognized costs proposed as
direct material costs such as scrap charges shall be treated
as material for profit evaluation. If intracompany transfers
are accepted at price, in accordance with FAR 31.205-26(e),
they should be excluded from the fee computation. Other
intracompany transfers shall be evaluated by individual
components of cost, i.e., material, labor, and overhead.
Normally, the lowest weight for direct material is 2 percent.
A weighting of less than 2 percent would be appropriate only
in unusual circumstances when there is a minimal contribution
by the Contractor in relation to the total cost of the
material.
(ii) Equipment. It is the policy of the Agency to
contract with individuals or firms who have special
capabilities relative to the needs of the EPA. These
capabilities include personnel with particular skills, or
talents, and facilities (plant and equipment) necessary to
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complete the contract objectives. For the purpose of
profit/fee analysis, equipment includes purchased items which
are not to be an integral part of the final product. It
would generally consist of production or test equipment.
Where the EPA has to provide equipment to the Contractor
either as Government-furnished equipment or Contractor-
acquired equipment, appropriate profit/fee adjustments are
necessary. Generally, a low weight range shall be assigned
to the cost of such equipment (1 to 2 percent).
(iii) Engineering labor and manufacturing labor.
Analysis of the engineering labor and manufacturing labor
items of the cost content of the contract should include
evaluation of the comparative quality and level of the
engineering talents, manufacturing skills, and experience to
be employed. In evaluating engineering labor for the purpose
of assigning profit dollars, consideration should be given to
the amount of notable scientific talent or unusual or scarce
engineering talent needed in contrast to journeyman
engineering effort or supporting personnel. The diversity,
or lack thereof, of scientific and engineering specialties
required for contract performance and the corresponding need
for engineering supervision and coordination should be
evaluated. Similarly, the variety of manufacturing labor
skills required and the Contractor's manpower resources for
meeting these requirements should be considered. For the
purpose of profit/fee computation, manufacturing labor
includes all nonprofessional labor, e.g., secretaries,
technicians and carpenters, etc.
(iv) Engineering overhead, manufacturing overhead,
and general and administrative expenses. (A) Where
practicable, analysis of these overhead items of cost should
include the evaluation of the make up of the expenses and how
much they contribute to contract performance. This analysis
should include a determination of the amount of labor within
these overhead pools and how this labor would be treated if
it were considered as direct labor under the contract. The
allocable labor elements should be given the same profit
consideration that they would receive if they were treated as
direct labor. The other elements of these overhead pools
should be evaluated to determine whether they are routine
expenses such as utilities, depreciation, and maintenance,
and hence given lesser profit consideration given the pools
as a whole.
(B) It is not necessary that the Contractor's
accounting system break down its overhead expenses within the
classification of engineering overhead, manufacturing
overhead, and general and administrative expenses. The
Contractor whose accounting system only reflects one overhead
rate on all direct labor need not change its system to
correspond with all the above classifications. Where
practicable, the Contracting Officer in his/her evaluation of
such a Contractor1s overhead rate should break out the
applicable sections of the composite rate which could be
classified as engineering overhead, manufacturing overhead,
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and general and administrative expenses and follow the
appropriate evaluation technique. When it is not practicable
to evaluate the elements of the burden pool, the following
rates should usually apply:
Engineering overhead 7.5%
Manufacturing overhead 5.5%
Composite overhead 6.5%
G&A 6.5%
(C) It is not necessary for the Contracting Officer to
make a separate profit evaluation of overhead expenses in
connection with each procurement action for substantially the
same product with the same contractor. Once an analysis of
the profit weight to be assigned the overhead pool has been
made, the weight assigned may be used for future procurements
with the same contractor until there is a change in the cost
composition of the overhead pool or the contract
circumstances.
(v) Consultants. Consultant costs, whether related
to an individual consultant or consulting firm should be
analyzed from the standpoint of what talents and skills the
consultants have and how they will be used on the contract.
The analysis should consider if the Contractor normally
should be expected to have people with comparable expertise
employed as full-time staff or if the contract requires
skills not normally available on an employer-employee
relationship. Where the Contractor is using consultants to
perform services which could normally be expected to be done
in-house, the rating factor should be generally below 2 to 3
percent. Where noted experts are retained for consultation
on the contract, the rating will generally be higher.
(vi) Other direct costs. Items of costs, such as
travel, subsistence, printing, and computers should generally
be assigned a rating of 1 to 3 percent. The analysis of
these costs should be similar to the analysis of direct
materials.
(3) Contractor's assumption of contract cost risk. (i)
It is the policy of the Administration to shift the risk of
contract costs to the fullest extent practicable to
contractors and to compensate them for the assumption of this
risk. Evaluation of this risk requires a determination of
(A) the degree of cost responsibility the Contractor assumes,
(B) the reliability of the cost estimates in relation to the
task assumed, and (C) the chance of the Contractor's success
or failure. This factor is specially limited to the risk of
contract costs. Thus, such risks of losing potential profits
in other fields are not within the scope of this factor.
(ii) The first and basic determination of the degree
of cost responsibility assumed by the Contractor is related,
to the sharing of total risk of contract cost by the
Government and the Contractor through the selection of
contract type. The extremes are a cost-plus-fixed-fee
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contract requiring only that the Contractor use its best
efforts to perform a task, and a firm-fixed-price contract
for a complex item. Such cost-plus-fixed-fee contract would
reflect a minimum assumption of cost responsibility, whereas
such firm-fixed-price contract would reflect a complete
assumption of cost responsibility. Therefore, in the first
step of determining what value is to be given for the
Contractor's assumption of contract cost risk, a zero rating
shall be given to a proposed cost-plus-fixed-fee best efforts
contract, and a higher rating shall be given to a closely
priced firm-fixed-price contract for a new, complex item.
(iii) The second determination is that of the
reliability of the cost estimates. Sound price negotiation
requires well-defined contract objectives and reliable cost
estimates. An excessive cost estimate reduces the
possibility that the cost of performance will exceed the
contract price, thereby reducing the Contractor's assumption
of contract cost risk.
(iv) The third determination is that of the
difficulty of the Contractor's task. The Contractor's task
can be difficult or easy, regardless of the type of contract.
(v) Contractors are likely to assume greater cost
risks only if the Contracting Officers objectively analyze
the risk incident to proposed contracts and are willing to
compensate Contractors for it. Generally, a cost-plus-fixed-
fee contract would not justify a reward for risk in excess of
1 percent, nor would a firm-fixed-price contract justify a
reward of less than 4 percent. Where proper contract type
selection has been made, the reward for risk by contract type
would usually fall into the following percentage ranges:
Type of Contract Percentage Ranges
Cost-plus-fixed-fee 0 to 1
Cost-plus-incentive-fee including
cost incentives only 1 to 2
Cost-plus-incentive-fee including cost,
performance, and delivery incentives 2.5 to 3
Fixed-price-incentive including cost
incentives only 2 to 4
Fixed-price-incentive including cost,
performance, and delivery incentives 3 to 5
Prospective price determination 4 to 5
Firm-fixed-price 4 to 6
(A) These ranges may not be appropriate for all
procurement situations. For instance, a fixed-price-
incentive contract which is closely priced with a low ceiling
price and a high incentive share may be tantamount to a firm-
fixed-price contract. In this situation, the Contracting
Officer might determine that a basis exists for high
confidence in the reasonableness of the estimate, and that
little opportunity exists for cost reduction without
extraordinary efforts. The Contractor's willingness to
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accept ceilings on their burden rates should be considered as
a risk factor for cost-plus-fixed-fee contracts.
(B) In making a contract cost risk evaluation in a
procurement action that involves definitization of a letter
contract, consideration should be given to the effect on
total contract cost risk as a result of having partial
performance under a letter contract. Under some
circumstances, it may be reasoned that the total amount of
cost risk has been effectively reduced by the existence of a
letter contract. Under other circumstances, it may be
apparent that the Contractor's cost risk remained
substantially as great as though a letter contract had not
been used. Where a Contractor has begun work under an
anticipatory cost letter, the risk assumed is greater than
the normal situation. To be equitable the determination of a
profit weight for application to the total of all recognized
costs, both those incurred and those yet to be expended, must
be made with consideration to all attendant circumstances,
not just to the portion of costs incurred or percentage of
work completed, prior to definitization.
(4) Record of contract performance. (i) The purpose of
this factor is to motivate Contractors to improve their
performance by rewarding them for excellent past performance
and penalizing them for poor performance. Effective use of
this factor requires that (A) reports on the various aspects
of past performance be obtained and evaluated; and (B) this
information be used in such a way as to motivate Contractors
to improve their performance.
(ii) The evaluation of a particular Contractor's
past performance and the importance placed upon the various
subfactors listed below should be done in such a way as to
motivate the Contractor to improve its performance. For
instance, it might be pointless, in evaluating the
performance of an autonomous division of a multidivisional
contractor, to place emphasis on the performance of another
autonomous division. Under such circumstances, the
management of the division being evaluated might have no
means of controlling the performance of the other division;
therefore, emphasis on this performance by assigning a plus
or minus rating to this factor might have a negative effect
upon motivation to improve.
(iii) The weight to be assigned to this factor is
arrived at on a judgment basis rather than an arithmetical
averaging of weights assigned to all factors, depending upon
the particular procurement situation, and the relative
importance of the various factors. For example, an
evaluation of a particular Contractor may indicate that its
performance was satisfactory in most areas, except that it
showed a preference for doing all work in-house and a
disinclination to support Government small business
objectives. In such a case the Contracting Officer may feel
that the importance of these factors might justify the
assignment of a lower overall rating for the record of past
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performance.
(iv) As stated above, the purpose of this factor is to
reward a Contractor for excellent past performance and
penalize it for poor performance. Therefore, performance
which is rated as merely satisfactory should generally be
assigned a weight of zero. However, a Contractor who has
consistently met contractual requirements may be awarded a
plus.
(v) The following factors are to be considered in
evaluating a Contractor's performance record:
(A) Cost efficiency. Low cost performance
reflecting economic use of facilities and manpower, sound
purchasing methods and subcontracting procedures, and
effective inventory control are criteria for consideration.
Improvement in efficiency through investment in plant
modernization, past efficiencies, or lack thereof,
effectiveness of the Contractor's make-or-buy program,
purchasing and subcontracting system and inventory control
should be evaluated.
(B) Management. Stability and competence of
management personnel, their willingness and ability to adjust
company resources to meet peculiarly difficult and changing
control requirements are criteria for consideration. The
degree of cooperation by the Contractor with the objectives
of the Government should be considered.
(C) Extent of the contractor's investment. The
extent of a Contractor's total investment (i.e., both equity
and borrowed capital) in the performance of the contract will
be taken into consideration in determining the amount of the
fee or profits.
(D) Reliability of cost estimates. Accuracy and
reliability of previous cost estimates should be considered.
Where substantial overruns have occurred, the Contracting
Officer should attempt to determine the reasons.
(E) Inventive and developmental contributions.
Extent and nature of Contractor-initiated and financed
research, development, design work, product engineering,
quality control, and manufacturing processes and techniques
in the areas of concern to the EPA should be analyzed.
(F) Timely performance. The Contractor's
performance record, considering excusable delays and the
Contractor's efforts to overcome delays, should be analyzed.
(G) Small business participation. The Contractor's
policies and procedures which energetically support
Government small business programs pursuant to FAR Subpart
19.7 should be given favorable consideration. Any unusual
effort which the Contractor displays in subcontracting with
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small concerns, particularly for development type work likely
to result in later production opportunities, and overall
effectiveness of the Contractor in subcontracting with and
furnishing assistance to small concerns should be considered.
Conversely, failure or unwillingness on the part of the
Contractor to support Government small business policies
should be viewed as evidence of poor performance.for the
purpose of establishing a profit objective.
(H) Labor surplus area participation. A similar
review and evaluation (as required in paragraph (b)(4)(v)(G)
of this section) should be given to the Contractor's policies
and procedures supporting the Government's labor surplus area
program pursuant to FAR Part 20. Particular favorable
consideration should be given to a Contractor who (a) makes a
significant effort to help find jobs and provide training for
the hardcore unemployed, or (b) promotes maximum
subcontractor utilization of certified-eligible concerns, as
defined in FAR 20.101.
(I) Extent of Government assistance. The
Government encourages its Contractors to perform their
contracts with the minimum of financial, facilities, or other
assistance from the Government. Where extraordinary
financial, facilities, or other assistance must be furnished
to a Contractor by the Government, such extraordinary
assistance should have a modifying effect in determining what
constitutes a fair and reasonable profit or fee.
(J) Effect of competition. When competition is
effective and proposals are on a firm-fixed-price basis, the
Contracting Officer normally need not consider in detail the
amount of estimated profit included in a price. When
effective competition is lacking, and in all cases where cost
analysis is performed in accordance with FAR Subpart 15.8,
the estimate for profit, target profit or fee, or the
proposed fixed fee should be analyzed in the same manner as
all other elements of price.
1515.970-3 Documentation.
Determination of the profit or fee objective, in
accordance with this subpart shall be fully documented.
Since the profit objective is the Contracting Officer's pre-
negotiation evaluation of a total profit allowance for the
proposed contract, the amounts developed for each category of
cost will probably change in the course of negotiation.
Furthermore, the negotiated profit will probably vary from
the profit objective and from the prenegotiation detailed
application of the weights to each element of the
Contractor's input to total performance. Since the profit
objective is viewed as a whole rather than as its component
parts, insignificant variations from the prenegotiation
profit objective, as a result of changes to the Contractor's
input to total performance, need not be documented in detail.
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Conversely, significant deviations from the profit
objective necessary to reach a final agreement on profit or
fee shall be explained in the record of negotiation prepared
in accordance with FAR 15.808.
SUBPART 1515.10—PREAWARD, AWARD, AND POSTAWARD
NOTIFICATIONS, PROTESTS, AND MISTAKES
1515.1003 Debriefing of unsuccessful offerors.
The CCO, or his/her designee, shall conduct debriefings of
unsuccessful offerors, with participation of the Project
Officer and such other specialists as the CCO or designee
deems necessary. All debriefings shall be held after
contract award.
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PART 1516--TYPES OF CONTRACTS
Sec.
1516.000 Scope of part.
Subpart 1516.3—Cost-Reimbursement Contracts
1516.307 Contract clauses.
Subpart 1516.4—Incentive Contracts
1516.404-2 Cost-plus-award-fee contracts.
1516.404-270 Scope.
1516.404-271 Applicability.
1516.404-272 Objectives.
1516.404-273 Limitations.
1516.404-274 Fee limitations.
1516.404-275 Definitions and responsibilities.
1516.404-276 Appointment of personnel.
1516.404-277 Preparation of the award fee plan.
1516.404-278 Operation of the evaluation system.
1516.404-279 Simplified procedures.
1516.404-2710 Deviation.
1516.405 Contract clauses.
Subpart 1516.5—Indefinite-Delivery Contracts
1516.505 Contract clauses.
Subpart 1516.6 Time-and-Materials, Labor-Hour, and letter
Contracts
1516.603 Letter Contracts
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1516.000 Scope of part.
This Part implements and supplements FAR Part 16. It
provides policy and procedures for cost-plus-award-fee type
contracts and prescribes additional contract clauses for use
with cost-reimbursement and indefinite-delivery type
contracts.
SUBPART 1516.3—COST-REIMBURSEMENT CONTRACTS
1516.307 Contract clauses.
The Contracting Officer shall insert the clause in
1552.216-71, Date of Incurrence of Cost, in cost-
reimbursement contracts when an anticipatory cost letter has
been issued on the project.
SUBPART 1516.4—INCENTIVE CONTRACTS
1516.404-2 Cost-plus-award-fee contracts.
1516.404-270 Scope.
This subsection establishes the EPA policy and procedures
for cost-plus-award-fee (CPAF) type contracts.
1516.404-271 Applicability.
(a) The provisions of this subsection apply to all CPAF
type contracts. Contracting Officers shall consider all
contract actions conforming to the limitations of FAR 16.404-
2(c) and 1516.404-273, which have a potential value of
$5,000,000 or more as candidates for award as a CPAF
contract. Contracting Officers may utilize CPAF contracts
for requirements whose estimated value is less than
$5,000,000 when considered appropriate.
(b) The formal procedures established in this subpart
apply to contract acquisitions with a potential value
exceeding $2,000,000. The simplified procedures prescribed
in 1516.404-279 are authorized for CPAF contracts with a
potential value of $2,000,000 or less.
1516.404-272 Objectives.
The award fee contract, when determined suitable for use,
is a combination of at least three EPA contracting
objectives: (a) it provides for the reimbursement of
allowable, allocable, and reasonable costs; (b) it fixes a
dollar amount beyond the initial estimate of costs that
represents the compensation for risk (base fee); and (c) it
motivates performance throughout the life of a contract where
success breeds additional income (award fee). The CPAF
contract is used when the work to be performed is such that
specific quantitative objective measurement is not feasible
and the required performance extends over a sufficient period
of time for the award fee features to be used effectively.
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1516.404-273 Limitations.
Contracting Officers should use the CPAF contract in
acquiring supplies or nonpersonal services only where the
contract amount, period of performance, and expected benefits
warrant the additional effort and costs involved in
administering this type of contract. Contracting Officers
should use the CPAF contract only for those acquisitions
where:
(a) The Contracting Officer determines a cost-
reimbursement contract is necessary in accordance with FAR
16.301-2 and FAR 16.301-3;
(b) The period of performance is more than one year;
(c) The nature of the work cannot be specifically
described and is of a continuous service or level of effort
susceptible to monitoring; or
(d) The requirement is of such a nature that the
Contractor's performance is susceptible to monitoring.
1516.404-274 Fee limitations.
The base fee should normally be not more than three
percent of the estimated cost of the contract. (See FAR
15.903(d), for maximum fee limitations.) At the time of
award, the Contracting Officer shall obligate the total
amount of base and award fee. However, in incrementally
funded contracts, the Contracting Officer shall separate the
fee into the base and award fee portions and obligate only
the initial increment of cost, base fee, and award fee. The
Contracting Officer shall award the total award fee earned
for the period being evaluated. The Contracting Officer
shall not carry forward into a subsequent evaluation period
any award fee not awarded in a previous evaluation period.
1516.404-275 Definitions and responsibilities.
"Award Fee Plan" means a plan, developed by the PEB, which
identifies various categories of performance and clearly
describes the criteria used by the PEB to evaluate Contractor
performance. The plan also allocates the award fee pool
among performance categories.
"Award Fee Pool" means that portion of the contract fee
set forth in the contract as the amount of fee available to
be awarded for Contractor performance in accordance with the
criteria contained in the Award Fee Plan.
"Evaluation Coordinator" means a Government official
appointed to receive, code, validate, and assess Performance
Monitor reports; and to present such Contractor performance
information and data to the PEB.
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"Fee Determination Official (FDO)" means the Chief of the
Contracting Office who reviews the recommendation of the
Performance Evaluation Board and makes the final
determination of the award fee.
"PEB Executive Secretary" means a Government official who
prepares the official PEB report.
"Performance Evaluation Board (PEB)" means a board of
Government officials, which performs the in-depth review of
all aspects of Contractor performance and recommends an
appropriate fee to the FDO.
"Performance Event" means a discrete happening or series
of related happenings occurring during the course of
performance which indicate or represent Contractor
performance. Performance events shall be reported by the
performance monitors on EPA Form No. 1900-41B. The
Contractor may report performance events directly to the PEB
through the Evaluation Coordinator either as they occur or as
a summary report of the evalution period.
"Performance Monitor(s)" means those Government employees
designated to observe, assess, and report the performance of
the Contractor on a close, continuous day-to-day basis.
Performance monitors are of wo categories: technical and
business. The technical perl^rmance monitors report on the
Contractors performing the technical requirements of the
contract. The business performance monitors report on the
business aspects of the Contractor's performance; these
individuals will be the Contracting Officer/Contract
Specialist and Cost Analyst most familiar with the specific
contractual and financial aspects of the contract.
"Period of Evaluation" means a segment of the contract's
period of performance specified in the award fee plan which
will be evaluated by the PEB for purposes of establishing the
award fee for that period.
1516.404-276 Appointment of personnel.
(a) The Responsible Associate Director (RAD) will
determine, in concert with the responsible program office,
the participants in the award fee process. The Contracting
Officer shall prepare the formal appointment memorandum and
forward it to the HCA prior to issuance of the solicitation.
Individuals shall be designated as follows:
(1) "Chairperson, Performance Evaluation Board and
Board Members." The Chairperson of the Performance Evaluation
Board shall be the laboratory or division director of the
program initiating the procurement. A representative of the
responsible contracts operation office shall be a voting
member of all PEBs. The Chairperson of the PEB and the
Contracting Officer shall recommend other board members.
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(2) "Evaluation Coordinator." As recommended by the
Chairperson of the PEB.
(3) "Executive Secretary." As recommended by the
Chairperson of the PEB.
(4) "Performance Monitors." The PEB Chairperson shall
assure that adequate performance monitoring capability is
available. These individuals need not be designated in the
appointment memorandum.
(b) If any changes in the composition of the PEB are
necessary, the following approvals shall be obtained:
(1) Chairperson, PEB - by the FDO.
(2) PEB members - by the Chairperson, PEB.
1516.404-277 Preparation of the award fee plan.
The purpose of the award fee plan is to describe in one
document the plan for monitoring, assessing, and evaluating
Contractor performance to determine any award fee earned.
The PEB shall develop and follow an award fee plan which
clearly describes the criteria to be used to determine fee.
The PEB shall forward the plan through the Contracting
Officer to the RAD for approval prior to issuance of the
solicitation. The Contracting Officer shall include the
award fee plan in the solicitation. A complete award fee
plan should include the following elements:
(a) The base fee amount.
(b) The total award fee pool.
(c) Performance areas to be evaluated.
(d) Criteria to be used in evaluations.
(e) Relative weights to be assigned to performance areas
and to the evaluation criteria.
(f) Frequency and timing of award fee determinination.
(g) Proportion of the total award fee pool to be available
for each evalution period.
(h) Procedure to be followed (the timing involved) in
evaluating performance and determining the award fee.
1516.404-278 operation of the evaluation system.
(a) Performance Reporting. Performance Monitors shall
report information in the form of one or more individual
Performance Event Reports on EPA Form 1900-41B, CPAF Contract
Individual Performance Event, directly to the cognizant
Evaluation Coordinator in accordance with intervals specified
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in the award fee plan. The Performance Monitors shall
observe the following definitions of Contractor performance
in reporting and judging performance events:
(1) Superior - "+" The performance event exceeds the
satisfactory level.
(2) Satisfactory - "0" The performance event is
acceptable.
(3) Substandard - 11The performance event is less
than satisfactory.
(b) Performance Information Coordination. (1) The
Evaluation Coordinator shall receive, code, validate, and
assess the Performance Events (PE) reports submitted by the
monitors and select all those PEs he/she considers to be
significant, i.e., above (+) or below (-) satisfactory
performance.
(2) The Evaluation Coordinator shall also prepare
separate PE summaries for each performance evaluation
category. The summaries will be prepared on EPA Form 1900-
41A, Summary of Significant Performance events, and will
incorporate all monitor and contractor reported PEs the
coordinator considers significant. The Evaluation
Coordinator shall be responsible for preparing and presenting
all material the PEB requires for its performance assessment.
This material will serve (i) as the PEB's agenda, and (ii) as
the complete documentation package which will support the
PEB's fee recommendation. It will be organized into separate
sections for each performance evaluation category. Each
section will consist of the following material:
(A) Summary of Significant Performance events, EPA
Form 1900-41A.
(B) The Individual PE reports, EPA Form 1900-41B.
(c) Evaluation of Performance. The PEB shall perform a
review of the performance events against each performance
evaluation category to arrive at the recommended award fee
for each category as well as the total award fee for the
period. The PEB must meet within 30 calendar days after the
end of each evaluation period. At the initial PEB meeting
the board members shall determine what fee the Contractor
would normally receive if the work was being undertaken on a
Cost-Plus-Fixed Fee (CPFF) basis. After determining this
amount, the Board shall determine what percentage of the
available award fee pool that, when added to the base fee,
will equal the amount the Contractor would receive under a
CPFF contract. This percentage of award fee will set the
baseline for satisfactory performance.
(d) The Period of Evaluation. The period of evaluation
will be at least every six months. The desired period of
evaluation will be every four months.
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(e) Performance Evaluation Report. Following the PEB
meeting at which the award fee recommendation is reached, the
Executive Secretary will prepare a Performance Evaluation
Report and forward this to the Contracting Officer. The
Contracting Officer will prepare a letter for signature of
the FDO informing the Contractor's general management of the
amount and basis of the fee awarded. The Contracting Officer
shall forward the Performance Evaluation Report and the fee
determination letter (the Performance Evaluation Report shall
be an attachment to the fee determination letter) to the FDO
for signature. The FDO will review the performance
evaluation and fee recommendation and make a final
determination of fee.
1516.404-279 Simplified Procedures.
The following CPAF procedures are authorized for
procurements of $2,000,000 or less which conform to the
limitations in paragraph 1516.404-273.
(a) No appointment of a formal PEB is necessary. The
Project Officer and Contracting Officer perform the duties
and functions of the PEB members. In lieu of performance
monitors reporting to an evaluation coordinator, the Project
Officer will personally monitor and assess the technical
performance of the Contractor for each evaluation period.
The Contracting Officer or contract specialist will monitor
the business aspects of the Contractor's performance.
(b) The Chief of the Contracting Office shall approve the
award fee plan in lieu of the HCA.
(c) The Project Officer and the Contracting Officer shall
report performance events on EPA Form 1900-41B. Use of the
summary of significant performance events is not required.
(d) The Project Officer, with input from the Contracting
Officer, will prepare the performance evaluation report.
1516.404-2710 Deviation.
Deviation from this section shall be as prescribed in
subpart 1501.4.
1516.405 Contract clauses.
The Contracting Officer shall insert the clause at
1552.216-70, Award Fee, in solicitations and contracts when a
cost-plus-award-fee contract is contemplated.
SUBPART 1516.5—INDEFINITE-DELIVERY CONTRACTS
1516.505 Contract clauses.
(a) The Contracting Officer shall insert the clause in
1552.216-72, Ordering—By Designated Ordering Officers, in
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indefinite delivery/ indefinite quantity type solicitations
and contracts.
(b) The Contracting Officer shall insert the clause in
1552.216-73, Fixed Rates for Services—Indefinite
Delivery/Indefinite Quantity Contract, in solicitations and
contracts to specify fixed rates for services.
SUBPART 1516.6--TIME-AND-MATERIALS, LABOR-HOUR, AND LETTER
CONTRACTS
1516.603 Letter Contracts
1516.603-3 Limitations.
The RAD is authorized to make the determination in FAR
16.603-3.
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PART 1517—SPECIAL CONTRACTING METHODS
Subpart 1517.2—Options
Sec.
1517.200 Scope of subpart.
1517.202 Use of options.
1517.207 Exercise of options.
1517.208 Solicitation provisions and contract clauses.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40
U.S.C. 486(C).
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SUBPART 1517.2—OPTIONS
1517.200 Scope of subpart.
This subpart does not apply to contracts for services
involving (a) construction, alteration, or repair of real
property; (b) architect-engineering services; (c) automatic
data processing equipment systems; and (d) telecommunication
equipment and services. However, it does not preclude the use
of options in those contracts.
1517.202 Use of options.
(a) The use of options for increased quantities of supplies
or services which exceed 50 percent of the base quantity
specified in the contract for a particular period shall be
approved by the Head of the Contracting Activity (HCA) prior
to issuing the solicitation. In the case of supplies, the 50
percent limitation applies only to contracts which have a base
quantity of more than one.
(b) The use of option periods which, when combined with the
base contract period, results in a total contract period of
performance exceeding thirty-six (36) months shall be approved
by the Chief of the Contracting Office prior to issuing the
solicitation. In no event, however, shall the total of the
base and option periods exceed sixty (60) months in duration.
1517.207 Exercise of options.
(a) Unless otherwise approved by the Chief of the
Contracting Office, contracts for services employing option
periods shall require that a preliminary written notice of the
Government's intention to exercise the option be furnished to
the Contractor a minimum of sixty (60) calendar days prior to
the date for the exercise of the option. Failure to provide
such preliminary notice within the time-frame established in
the contract waives the Government's right to unilaterally
exercise the option and requires the negotiation of a bilateral
contract modification in order to extend the period of
performance, where such an extension is authorized.
(b) When the term of the service contract coincides with
the fiscal year and delays in receipt of authority to obligate
funds for the new fiscal year are anticipated, the Contracting
Officer, if the contract so provides (see FAR 17.204(d)), may,
within 60 days after the end of the fiscal year, unilaterally
exercise an option to extend the term of the contract. The
option may be exercised only if funds become available within
the 60-day period. In the event that sufficient funding is not
available within the 60-day period, the Government waives the
right to exercise the option, thereby rendering any additional
requirements subject to full and open competition requirements.
(c) The Contracting Officer, if the contract so provides,
may, subject to the conditions in FAR 17.204(d), 32.703-2, and
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32.705-l(a), exercise an option contingent upon the
availability of funds. To exercise such an option, the
contract must contain the clause in FAR 52.232-18, Availability
of Funds. Under no circumstances shall any action be taken
which could be construed as creating a legal liability on the
part of the Government until a formal notice of availability
of funds in the form of a contract modification has been issued
by the Contracting Officer.
1517.208 Solicitation provisions and contract clauses.
(a) The Contracting Officer shall insert the solicitation
provision at 1552.217-70, Evaluation of Contract Options, in
Requests for Proposals when options are included.
(b) The Contracting Officer shall insert the clause at
1552.217-71, Option To Extend the Term of the Contract—Cost-
Type Contract, when applicable.
(c) The Contracting Officer shall insert the clause at
1552.217-72, Option To Extend the Term of the Contract—Cost-
Plus-Award-Fee Contract, when applicable.
(d) The Contracting Officer shall insert the clause at
1552.217-73, Option for Increased Quantity—Cost-Type Contract,
when applicable.
(e) The Contracting Officer shall insert the clause at
1552.217-74, Option for Increased Quantity—Cost-Plus-Award-
Fee Contract, when applicable.
(f) The Contracting Officer shall insert the clause at
1552.217-75, Option To Extend the Effective Period of the
Contract—Time and Materials or Labor Hour Contract, when
applicable.
(g) The Contracting Officer shall insert the clause at
1552.217-76, Option To Extend the Effective Period of the
Contract—Indefinite Delivery/Indefinite Quantity Contract,
when applicable.
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PART 1519—SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS
CONCERNS
Sec.
1519.000 Scope of part.
Subpart 1519.2—Policies
1519.201 Policy.
1519.201-1 Director of Small and Disadvantaged
Business Utilization.
1519.201-2 Small and disadvantaged business
utilization specialists.
1519.202-5 Data collection and reporting requirements.
Subpart 1519.5—Set-Asides for Small Business
1519.501 Review of acquisitions.
1519.503 Class set-aside for construction.
Subpart 1519.6—Certificates of Competency and Determinations
of Eligibility
1519.602-1 Procedures.
Subpart 1519.7—Subcontracting with Small Business and Small
Disadvantaged Business Concerns
1519.705-2 Determining the need for a subcontract
plan.
1519.705-4 Reviewing the subcontracting plan.
1519.705-70 Synopsis of contracts containing
Pub. L. 95-507 subcontracting plans and
goals.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1519.000 Scope of part.
This Part implements FAR Part 19 and provides policy and
procedures for the development and conduct of the Agency small
business and small, disadvantaged business utilization
programs; for review of acquisitions for small business set-
asides; and for subcontracting with small and small
disadvantaged business concerns.
SUBPART 1519.2—POLICIES
1519.201 Policy.
Each program's Assistant or Associate Administrator shall
be responsible for developing its socioeconomic goals on a
fiscal.; year basis. The goals shall be developed in
collaboration with the supporting Chiefs of Contracting Offices
and the local Small and Disadvantaged Business Utilization
Specialist (SDBUS), and the Office of Small and Disadvantaged
Business Utilization (OSDBU). The goals will be based on
advance procurement plans and past performance. The goals
shall be submitted to the Director, OSDBU, at least thirty (30)
days prior to the start of the fiscal year.
1519.201-1 Director of Small and Disadvantaged Business
Utilization.
The Director, OSDBU, provides guidance and advice, as
appropriate, to Agency program and contracts officials on small
and small disadvantaged business programs. The Director,
OSDBU, is the central point of contact for inquiries concerning
the small and disadvantaged business programs from industry,
the Small Business Administration (SBA), and the Congress, and
shall advise the Administrator and staff of such inquiries as
required. The Director, OSDBU, shall represent the Agency in
the negotiations with the other Government agencies on small
and small disadvantaged business matters.
1519.201-2 Small and disadvantaged business utilization
specialists.
(a) Small and Disadvantaged Business Utilization Specialists
(SDBUS) shall be appointed in writing for each contracting
office. The SDBUS will normally be appointed from members of
staffs of the appointing authority. The SDBUS is
administratively responsible directly to the appointing
authority and, on matters relating to small and small
disadvantaged business program activities, receives technical
guidance from the Director, OSDBU. The appointing authorities
are the Chiefs of the Contracting Offices.
(b) A copy of each appointment and termination of all SDBU
specialists shall be forwarded to the Director, OSDBU. In
addition to performing the duties outlined in paragraph (c) of
this section that are normally performed in the activity to
which assigned, the SDBUS shall perform such additional
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functions as may be prescribed from time to time in furtherance
of overall small and small disadvantaged business utilization
program goals. The SDBUS is not precluded from being assigned
the responsibility for the labor surplus area program
prescribed by FAR Part 20. The SDBUS may be appointed on
either a full or part-time basis; however, when appointed on
a part-time basis, the small business duty shall take
precedence over collateral responsibilities.
(c) The SDBUS appointed pursuant to (a) above shall perform
the following duties as appropriate:
(1) Maintain a program designed to locate capable small
business sources for current and future acquisitions;
(2) Coordinate inquiries and requests for advice from
small and small disadvantaged business concerns on acquisition
matters;
(3) Review all proposed solicitations in excess of the
small purchase limitation, assure that small business concerns
will be afforded an equitable opportunity to compete, and, as
appropriate, initiate recommendations for small business set-
asides, or offers of requirements to the SBA for the 8(a)
program, and complete EPA Form 1900-37, "Record of Procurement
Request Review," as appropriate:
(4) Take action to assure the availability of adequate
specifications and drawings, when necessary, to obtain small
business participation in an acquisition. When small business
concerns cannot be given an opportunity on a current
acquisition, initiate action, in writing, with appropriate
technical and contracting personnel to ensure that necessary
specifications and/or drawings for future acquisitions are
available.
(5) Review proposed contracts for possible breakout of
items or services suitable for acquisition from small business
and small disadvantaged business concerns;
(6) Advise small businesses with respect to the financial
assistance available under existing laws and regulations and
assist such concerns in applying for financial assistance;
(7) Participate in the evaluation of a prime contractor's
small business subcontracting programs;
(8) Assure that adequate records are maintained, and
accurate reports prepared, concerning small business
participation in acquisition programs (see 1519.202-5);
(9) Make available to SBA copies of solicitations when
so requested;
(10) Act as liaison with the appropriate SBA office or
representative in connection with set-asides, certificates of
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competency, size classification, and any other matter
concerning the small or small disadvantaged business programs.
1519.202-5 Data collection and reporting requirements.
(a) As required, monthly reports of factual information,
covering acquisition actions and dollars awarded to small
businesses, small disadvantaged businesses, women-owned small
businesses, the Small Business Administration under the
authority of section 8(a) of the Small Business Act, and
information on actions and dollars made under small business
set-asides shall be submitted by the Procurement and Contracts
Management Division, to the Director, OSDBU.
(b) The Financial Management Division will submit to the
Director, OSDBU, a copy of the Small Purchase Activity Report
that shows by each EPA purchasing activity the following
information (cumulative monthly) for small purchases:
(1) Total actions and dollar value of awards;
(2) Total actions and dollar value of awards to all
businesses;
(3) Total actions and dollar value of awards to small
businesses;
(4) Total actions and dollar value of construction awards
to small businesses made by set-aside;
(5) Total actions and dollar value of small business
awards made by set-asides, excluding set-asides for
construction;
(6) Total actions and dollar value of awards made to the
Small Business Administration pursuant to section 8(a) of the
Small Business Act; and
(7) Total actions and dollar value of awards made to
small disadvantaged businesses.
(c) The reports identified in Paragraphs (a) and (b) of this
section are to be submitted to the Director, OSDBU, no later
than the 20th day following the end of the reporting period
with the exception of the last report of the fiscal year which
shall be submitted no later than the 30th day following the end
of the fiscal year.
SUBPART 1519.5—SET-ASIDES FOR SMALL BUSINESS
1519.501 Review of acquisitions.
(a) If no Small Business Administration (SBA) representative
is available, the Small and Disadvantaged Business Utilization
Specialist (SDBUS) shall initiate recommendations to the
Contracting Officer for small business set-asides with respect
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to individual acquisitions or classes of .acquisitions or
portions thereof.
(b) When the SDBUS has recommended that all, or a portion,
of an individual acquisition or class of acquisitions be set
aside for small business, the Contracting. Officer shall
promptly either (1) concur in the recommendation or (2)
disapprove the recommendation, stating in writing the reasons
for disapproval. If the Contracting Officer disapproves the
recommendation of the SDBUS, the SDBUS may appeal to the
appropriate appointing authority, whose decision shall be
final.
1519.503 class set-aside for construction.
(a) Each proposed acquisition for construction estimated to
cost between $10,000 and $1,000,000 shall be set-aside for
exclusive small business participation. Such set-asides shall
be considered to be unilateral small business set-asides, and
shall be withdrawn in accordance with the procedure of FAR
19.506 only if found not to serve the best interest of the
Government.
(b) Small business set-aside preferences for construction
acquisitions in excess of $1,000,000 shall be considered on a
case-by-case basis.
SUBPART 1519.6—CERTIFICATES OF COMPETENCY AND DETERMINATIONS
OF ELIGIBILITY
1519.602-1 Procedures.
A copy of the documentation supporting the determination
that a small business concern is not responsible, as required
by FAR 19.601-1(a), shall be transmitted to the Director,
Office of Small and Disadvantaged Business Utilization,
concurrently with the submission of a copy of the documentation
to the appropriate Small Business Administration Regional
Office.
SUBPART 1519.7—SUBCONTRACTING WITH SMALL BUSINESS AND SMALL
DISADVANTAGED BUSINESS CONCERNS
1519.705-2 Determining the need for a subcontract plan.
One copy of the determination required by FAR 19.705-2(c)
shall be placed in the contract file and one copy provided the
Director, Office of Small and Disadvantaged Business
Utilization (OSDBU).
1519.705-4 Reviewing the subcontracting plan.
In determining the acceptability of a proposed
subcontracting plan, the Contracting Officer shall obtain
advice and recommendations from the OSDBU, which shall in turn
coordinate review by the Small Business Administration
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Procurement Center Representative (if any).
1519.705-70 Synopsis of contracts containing Pub. L. 95-507
subcontracting plans and goals.
The synopsis of contract award, where applicable, shall
include a statement identifying the contract as one containing
Pub. L. 95-507 subcontracting plans and goals.
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PART 1520—LABOR SURPLUS AREA CONCERNS
Subpart 1520.1—General
Sec.
1520.102 Labor surplus area goals.
Subpart 1520.3—Labor Surplus Area Subcontracting Program
1520.303 Review of subcontracting program.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1520.1--GENERAL
1520.102 Labor surplus area goals.
Labor surplus area goals shall be developed as prescribed
in 1519.201.
Subpart 1520.3—Labor Surplus Area Subcontracting Program
1520.303 Review of subcontracting program.
The Contracting Officer, in conjunction with the Office of
Small and Disadvantaged Business Utilization, shall review
labor surplus area subcontracting programs.
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PART 1522—APPLICATION OF LABOR LAWS TO GOVERNMENT
ACQUISITIONS
Sec.
1522.000 Scope of part.
Subpart 1522.1—Basic Labor Policies
1522.103 Overtime.
1522.103-4 Approvals.
Subpart 1522.6—walsh-Healey Public Contracts Act
1522.608 Procedures.
1522.608-3 Protests against eligibility.
1522.608-4 Award pending final determination.
1522.608-6 Postaward.
Subpart 1522.8—Equal Employment Opportunity
1522.803 Responsibilities.
1522.804 Affirmative action programs.
1522.804-2 Construction.
1522.805 Procedures.
subpart 1522.10—service Contract Act of 1965
1522.1003 Applicability.
Subpart 1522.13—Special Disabled and Vietnam Era Veterans
1522.1306 Complaint procedures.
Subpart 1522.14—Employment of the Handicapped
1522.1403 Waivers.
1522.1406 Complaint Procedures.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1522.000 Scope of part.
This Part implements FAR Part 22 and provides procedures to
be followed in obtaining approvals or determinations from the
Small Business Administration (SBA), the Department of Labor
(DOL) or the Office of Contract Compliance Programs (OFCCP) on
matters related to the application of labor laws.
SUBPART 1522.1—BASIC LABOR POLICIES
1522.103 Overtime.
1522.103-4 Approvals.
The Chief of the Contracting Office is the Agency approving
official.
SUBPART 1522.6~WALSH-HEALEY PUBLIC CONTRACTS ACT
1522.608 Procedures.
1522.608-3 Protests against eligibility.
The Contracting Officer shall forward the determination of
eligibility, after concurrence by legal counsel, to the Head
of the Contracting Activity (HCA) for referral to the
Department of Labor (DOL) or to the Administrator of SBA if
the offeror is a small business.
1522.608-4 Award pending final determination.
If an offeror's eligibility case is pending review by DOL
or SBA, the Contracting Officer shall obtain the concurrence
of legal counsel and approval of the Responsible Associate
Director (RAD) prior to making an award.
1522.608-6 Postaward.
The Contracting Officer shall follow the procedures in
1522.608-3.
Subpart 1522.8—Equal Employment Opportunity
1522.803 Responsibilities.
If the applicability of E.O. 11246 and implementing
regulations are questioned, the Contracting Officer shall route
the matter through the RAD to the EPA Office of Civil Rights.
1522.804 Affirmative action programs.
1522.804-2 Construction.
Each contracting office having construction contract
responsibility shall maintain a list of geographical areas
subject to affirmative action requirements. The list may be
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obtained from the Office of Contract Compliance Programs, U.S.
Department of Labor.
1522.805 Procedures.
(a) Preaward clearance requests cited in FAR 22.805(a)(2),
(3), and (5) shall be forwarded to the EPA Office of Civil
Rights. The Contracting Officer shall submit requests for
clearance cited in FAR 22.805(a)(7) through the EPA Office of
Civil Rights.
(b) The Contracting Officer shall obtain posters entitled
"Equal Opportunity Is the Law" from the EPA Office of Civil
Rights.
SUBPART 1522.10—SERVICE CONTRACT ACT OF 1965
1522.1003 Applicability.
Requests for determinations and exemptions shall be
submitted to the Head of the Contracting Activity for signature
and transmittal to the Department of Labor in accordance with
FAR 22.1003(e).
SUBPART 1522.13—SPECIAL DISABLED AND VIETNAM ERA VETERANS
1522.1306 Complaint procedures.
The Contracting Officer shall forward complaints received
to the RAD for referral to the Department of Labor.
SUBPART 1522.14—EMPLOYMENT OF THE HANDICAPPED
1522.1403 Waivers.
Contracting Officers shall submit waiver requests to the
Head of the RAD. Such requests shall be coordinated with the
EPA Office of Civil Rights.
1522.1406 Complaint Procedures.
Complaints regarding the administration of the Act shall be
coordinated with the EPA Office of Civil Rights prior to
submission to the Office of Contract Compliance Programs.
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PART 1523—ENVIRONMENTAL CONSERVATION, AND OCCUPATIONAL
SAFETY
Subpart 1523.3—Hazardous Material and Material Safety Data
Sec.
1523.303 Contract Clause.
1523.303-70 Protection of human subjects.
1523.303-71 Decontamination of government-furnished
property.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1523.3—HAZARDOUS MATERIAL AND MATERIAL SAFETY DATA
1523.303 Contract Clause.
1523.303-70 Protection of human subjects.
Contracting Officers shall insert the contract clause at
1552.223-70, Protection of Human Subjects, when the contract
involves human test subjects.
1523.303-71 Decontamination of government-furnished property.
Contracting Officers shall insert the contract clause at
1552.245-70, Decontamination of Government-Furnished Property,
when it is anticipated that a Contractor will use government-
furnished property in the clean-up of hazardous or toxic
substances in the environment.
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PART 1524—PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
Subpart 1524.1—Protection of individual Privacy
1524.104 Solicitation provisions.
Subpart 1524.2—Freedom of Information Act
1524.202 Policy.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1524.1—PROTECTION OF INDIVIDUAL PRIVACY
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
1524.104 Solicitation provisions.
The Contracting Officer shall insert the provision at
1552.224-70, Social Security Numbers of Consultants and Certain
Sole Proprietors and Privacy Act Statement, in all
solicitations.
SUBPART 1524.2—FREEDOM OF INFORMATION ACT
1524.202 Policy.
The EPA policy on disclosure of EPA records, handling of
requests under the Freedom of Information Act, and
confidentiality of business information is contained in 40 CFR,
Part 2, Public Information.
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PART 1525—FOREIGN ACQUISITION
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(C).
SUBPART 1525.1—BUY AMERICAN ACT—SUPPLIES
1525.102 Policy.
The following officials are designated to approve
determinations required by FAR 25.102(a)(4):
(a) The Chief of the Contracting Office for contracts
estimated not to exceed $1 million; and
(b) The Head of the Contracting Activity (HCA) for
contracts estimated to exceed $1 million.
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PART 1527—PATENTS, DATA, AND COPYRIGHTS
SUBPART 1527.4--RIGHTS IN DATA AND COPYRIGHTS
1527.404 Basic rights in data clause.
The Contracting Officer shall insert in the Limited Rights
Notice when using Alternate II of FAR 52.227-14 the following
purposes for disclosure of limited data outside the
Government.
(a) Use (except for manufacture) by support service
contractors;
(b) Evaluation by nongovernment evaluators;
(c) Use (except for manufacture) by other contractors
participating in the Government's program of which the
specific contract is a part, for information and use in
connection with the work performed under each contract;
(d) Emergency repairs, or overhaul work;
(e) Release to foreign government, or instrumentality
thereof, as interests of the United States may require, for
information or evaluation, or for emergency repair or
overhaul work by such government.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(C).
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FART 1528—BONDS AND INSURANCE
Subpart 1528.3—Insurance
Sec.
1528.311 Solicitation provision and contract clause on
liability insurance under cost-reimbursement
contracts.
1528.311-70 Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA).
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1528.3—INSURANCE
1528.311 Solicitation provision and contract clause on
liability insurance under cost-reimbursement contracts.
1528.311-70 Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA).
(a) The Contracting Officer shall insert, where
appropriate, the contract clause at 1552.228-70, Insurance—
Liability to Third Persons-Commercial Organizations, when
routine (nonemergency) removal or remedial action is being
undertaken pursuant to the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA).
(b) The Contracting Officer shall insert, where
appropriate, the contract clause at 1552.228-71, Insurance—
Liability to Third Persons-State or1 Local Governments, in
contracts with State or local Governments when routine
(nonemergency) removal or remedial action is being undertaken
pursuant to the CERCLA.
(c) The Contracting Officer shall insert, where
appropriate, the contract clause at 1552.228-72, Insurance—
Liability to Third Persons-Commercial Organizations
(Emergency), in contracts with commercial organizations when
emergency response to hazardous substance releases or
potential releases are being undertaken pursuant to the
CERCLA.
(d) The Contracting Officer shall insert, where
appropriate, the contract clause at 1552.228-73, Insurance—
Liability to Third Persons-State or Local Governments
(Emergency), in contracts with State or local Governments
when emergency response to hazardous substance releases or
potential releases are being undertaken pursuant to the
CERCLA.
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PART 1529—Taxes
Subpart 1529.3—State and Local Taxes
Sec.
1529.303 Application of State and local taxes to
Government contractors and subcontractors.
Subpart 1529.4—Contract Clauses
1529.401—Domestic Contracts.
1529.401-70 Cost-reimbursable type contracts.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40
U.S.C. 486(C).
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SUBPART 1529.3 STATE AND LOCAL TAXES
1529.303 Application of State and local taxes to Government
contractors and subcontractors.
Contractors are responsible for determining the
availability of State and local tax exemptions and obtaining
such exemptions, if available, unless the Contracting Officer
determines under FAR 31.205-41(b)(3) that the administrative
burden outweighs the corresponding benefit. Contractors are
responsible for ensuring that subcontractors also seek and
obtain such exemptions, if available.
SUBPART 1529.4 CONTRACTS CLAUSES
1529.401 Domestic contracts.
1529.401-70 Cost-reimbursable type contracts.
Contracting Officers shall insert the clause at 1552.229-
70 in all solicitations and contracts when it is anticipated
a cost-reimbursable type contract shall be used or a
contractor or subcontractor shall be reimbursed for materials
at cost.
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PART 1530—-COST ACCOUNTING STANDARDS
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
SUBPART 1530.3—CAS CONTRACT REQUIREMENTS
1530.304 Waiver.
The Responsible Associate Director (RAD) has authority to
waive Cost Accounting Standards Board requirements.
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PART 1531—CONTRACT COST PRINCIPLES AND PROCEDURES
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
SUBPART 1531. I—APPLICABILITY
1531.101 Objectives.
Requests for individual and class deviations shall be
submitted through the Procurement Policy Staff to the
Responsible Associate Director (RAD). The RAD approves
requests for individual deviations. The RAD reviews and
forwards requests for class deviations to the Head of the
Contracting Activity (HCA). The HCA coordinates approval of
requests for class deviations and Agency supplements with the
Chairperson of the Civilian Agency Acquisition Council.
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PART 1532—CONTRACT FINANCING
Sec.
1532.000 Scope of part.
Subpart 1532.1—General
1532.102 Description of contract financing methods.
1532.111 Contract clauses.
1532.170 Forms.
Subpart 1532.4—Advance Payments
1532.402 General.
1532.407 Interest.
1532.409-2 Recommendation for disapproval.
1532.412 Contract clause.
Subpart 1532.8—Assignment of Claims
1532.805 Procedure.
1532.805-70 Forms.
Subpart 1532.9—Prompt Payment
1532.908 Contract clauses.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40
U.S.C. 486(c).
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1532.000 Scope of part.
This Part implements and supplements FAR Part 32 and
provides policies and procedures for contract financing and
other payment matters. This includes—
(a) Progress payments;
(b) Advance payments;
(c) Prompt Payment Act implementation;
(d) Assignment of claims; and
(e) Selected clauses and forms.
SUBPART 1532.1—GENERAL
1532.102 Description of contract financing methods.
Progress payments based on a percentage or stage of
completion are authorized for use as a payment method under
EPA contracts or subcontracts for construction and alteration
or repair of buildings, structures, or other real property.
For all other contracts, p-ogress payment provisions shall be
based on costs, except thai progress payments based on a
percentage or stage of comp etion may be authorized by the
Responsible Associate Director (RAD) when a determination is
made that progress payments based on costs cannot be
practically employed and that there are adequate safeguards
provided for the administration of the progress payments.
1532.111 Contract clauses.
The Contracting Officer shall insert the clause at
1552.232-73, Payments—Fixed Rate Services Contract, in
solicitations and indefinite delivery/indefinite quantity
contracts when services are being acquired on a fixed-rate
basis.
1532.170 Forms.
(a) EPA Form 1900-10, Contractor's Cumulative Claim and
Reconciliation, at 1553.232-74, shall be used for an
accounting of the cumulative charges and costs for cost-
reimbursement contracts from inception of the contract to
completion. It shall be submitted by the Contractor upon
submission of the completion voucher.
(b) EPA Form 1900-34, Guide for the Preparation of
Contractor's Claims for Reimbursement of Costs and Fees Under
Cost-Reimbursement Type Contracts, at 1553.232-75, shall be
inserted or incorporated by reference in all cost-
reimbursement type contracts.
(c) EPA Form 1900-34A, Guide for the Preparation of
Contractor's Claims for Reimbursement Under Cost-Plus-Award-
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Fee (CPAF) Type Contracts, at 1553.232-76, shall be inserted
or incorporated by reference in all CPAF contracts.
SUBPART 1532.4—ADVANCE PAYMENTS
1532.402 General.
(a) The Chief of the Contracting Office is responsible for
making findings and determinations supporting the use of
advance payments and approving contract terms concerning
advance payments.
(b) The Contracting Officer prepares findings and
determinations and other contractual data with respect to
advance payments and coordinates proposed advance payment
authorizations with the finance office.
1532.407 Interest.
The Chief of the Contracting Office is authorized to
approve advance payments without interest.
1532.409-2 Recommendation for disapproval.
The procedures for recommending disapproval of advance
payments are the same as that for recommending approval (see
1532.402).
1532.412 Contract clause.
The Chief of the Contracting Office may waive the
countersignature requirements. Waivers will be documented in
findings and determinations which authorize advance payments.
SUBPART 1532.8—ASSIGNMENT OF CLAIMS
1532.805 Procedure.
1532.805-70 Forms.
(a) EPA Form 1900-3, Assignee's Release, at 1553.232-70 is
required to be submitted by the assignee for cost-
reimbursement contracts prior to final payment under the
contract.
(b) EPA Form 1900-4, Assignee's Assignment of Refunds,
Rebates, Credits, and Other Amounts, at 1553.232-71 must
accompany the assignee's release prior to final payment under
cost-reimbursement contracts.
(c) EPA Form 1900-5, Contractor's Assignment of Refunds,
Rebates, and Credits, at 1553.232-72 must be prepared by the
Contractor prior to final payment under cost-reimbursement
contracts and must accompany the Contractor's Release.
(d) EPA Form 1900-6, Contract's Release, at 1553.232-73
must be submitted by the Contractor prior to final payment
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under cost-reimbursement contracts.
SUBPART 1532.9—PROMPT PAYMENT
1532.908 Contract clauses.
The clause or alternates at 1552.232-70 are required in
all acquisitions except those within the small purchase
limitation. The clause at 1552.232-70 shall be used in
solicitations and contracts when the EPA accounting
information to be shown on contractor invoices includes the
document control number. Alternate I shall be used in
solicitations and contracts when the EPA accounting
information to be shown on contractor invoices includes only
the account number. Alternate II shall be used when no EPA
accounting information.is to be shown on contractor invoices.
The Contracting Officer shall work with the EPA office
initiating the procurement to determine the appropriate
clause to be used.
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FART 1533—PROTESTS, DISPUTES, AND APPEALS
Sec.
1533.000 Scope of part.
Subpart 1533.1—Protests
1533.103 Protests to the Agency.
1533.103-70 Time for filing.
Subpart 1533.2—Disputes and Appeals
1533.203 Applicability.
1533.209 Suspected fraudulent claims.
1533.211 Contracting Officer's decision.
1533.212 Contracting Officer's duties upon appeal.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(C).
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1533.000 scope of part.
This part implements and supplements FAR Part 33 and
prescribes policies and procedures for processing protests,
contract disputes and appeals.
SUBPART 1533.1—PROTESTS
1533.103 Protests to the Agency.
1533.103-70 Time for filing.
(a) Protests based upon alleged improprieties in a
solicitation which are apparent prior to bid opening or the
closing date for receipt of initial proposals shall be filed
prior to bid opening or the closing date for receipt of
initial proposals. In acquisitions where proposals are
requested, alleged improprieties which do not exist in the
initial solicitation but which are subsequently incorporated
into the solicitation must be protested not later than the
next closing date for receipt of proposals following the
incorporation.
(b) In cases other than those covered in paragraph (a) of
this section, protests shall be filed not later than ten
working days after the basis of protest is known or should
have been known, whichever is earlier.
SUBPART 1533.2—DISPUTES AND APPEALS
1533.203 Applicability.
Pursuant to an interagency agreement between the EPA and
the Department of the Interior Board of Contract Appeals
(IBCA), the IBCA will hear appeals from final decisions of
EPA Contracting Officers issued pursuant to the Contract
Disputes Act. The rules and regulations of the IBCA appear
in 43 CFR Part 4.
1533.209 Suspected fraudulent claims.
The Contracting Officer shall refer matters relating to
suspected fraudulent claims under the Contract Disputes Act
to the Inspector General through the Responsible Associate
Director (RAD).
1533.211 Contracting Officer's decision.
Final decisions of Contracting Officers under the Contract
Disputes Act shall be reviewed by legal counsel and the Chief
of the Contracting Office prior to issuance.
1533.212 Contracting Officer's duties upon appeal.
Upon receipt of notice of appeal, the Contracting Officer
shall take the following actions:
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(a) Submission of the notice of appeal to IBCA.
(1) When a notice of appeal in any form has been
received, the Contracting Officer shall endorse on it the
date of the notice's mailing (or the date of receipt if the
notice was otherwise conveyed) and within 5 days shall
forward the notice of appeal to the IBCA by certified mail.
The Contracting Officer shall verbally notify the legal
counsel that the appeal has been received.
(2) A notice of appeal, whether filed within the time
prescribed by the "Disputes" clause or not, shall be
submitted to the IBCA. The Contracting Officer shall forward
promptly every notice of appeal to IBCA even if the intention
to appeal is only vaguely or indirectly expressed, and
regardless of the form of the notice, or of the method by
which the notice was furnished to the Contracting Officer.
(3) Copies of the notice of appeal shall be sent
simultaneously to the Policy and Quality Assurance Branch,
Procurement and Contracts Management Division and to legal
counsel.
(b) Establishment and submission of appeal files to IBCA.
(1) Following receipt of a notice of appeal, or advice that
an appeal has been filed, the Contracting Officer shall
promptly compile the appeal file (copies of all documents
pertinent to the appeal), and four duplicate appeal files.
The file shall include the following:
(i) The findings of fact and the Contracting
Officer's final decision from which the appeal is taken, and
the letter or letters or other documents of claim in response
to which the decision was issued;
(ii) The contract, and pertinent plans,
specifications, amendments, and change orders;
(iii) Correspondence between the parties and other
data pertinent to the appeal;
(iv) Transcripts of any testimony taken during the
course of proceedings and affidavits, or statements of any
witnesses on the matter in dispute made prior to the filing
of the notice of appeal with the Board;
(v) Such additional information as may be considered
material.
(2) In addition to the above, the Contracting Officer
shall prepare an index listing each document included in the
file submitted to the IBCA, and place copies of such index in
the submission and duplicate files.
(3) Contracting Officers, in making the submission, may
not submit original documents which are a part of the
official contract file. Copies of the pertinent documents
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shall be submitted.
(4) Within 15 days of receipt or advice of a notice of
appeal, the official and two duplicate files shall be
forwarded through legal counsel to the Procurement and
Contracts Management Division for review. The Procurement
and Contracts Management Division shall forward the official
appeal file to the IBCA within the 30-day time limitation set
forth in 43 CFR 4.104(a). One duplicate file shall be
retained by the Contracting Officer, one by the Procurement
and Contracts Management Division, and one by legal counsel.
(5) If for any reason the Contracting Officer
anticipates that a timely submission cannot be made, he/she
shall immediately advise legal counsel by telephone of the
extent of the anticipated delay and the reasons therefor.
However, every effort will be exerted to make timely
submissions.
(6) At the time of transmittal of the appeal file to
the Board, the Contracting Officer shall notify the appellant
of the transmittal and provide a copy of the appeal file to
the appellant. Within the transmittal to the IBCA, the
Contracting Officer shall indicate that the appellant has
been provided with a copy of the appeal file.
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PART 1534—MAJOR SYSTEM ACQUISITION
sec.
1534.000 Scope of part.
1534.000-70 General requirements of OMB Circular A-109.
1534.000-71 Definitions.
1534.003 Responsibilities.
1534.004 Acquisition strategy.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1534.000 Scope of part.
This part implements and supplements FAR Part 34 and
prescribes EPA policies, procedures and acquisition strategy
for use in acquiring major systems consistent with the
requirements of 0MB Circular A-109, Major System Acquisitions.
1534.000-70 General requirements of OMB Circular A-109.
0MB Circular A-109 establishes policies to be followed by
executive branch agencies in the acquisition of major systems.
The policies of the circular are to assure the effectiveness
and efficiency of the process of acquiring major systems.
Major system acquisition objectives include assuring that each
major system fulfills a mission need and that an acquisition
strategy is tailored for each program. Management structures
are required, with the designation of an acquisition executive,
to integrate and unify the agency's major systems acquisitions.
Clear lines of authority, responsibility, and accountability
are required. Program managers are to be designated for each
major system acquisition program and given a written charter
of his/her authority, responsibility, and accountability for
accomplishing program objectives.
1534.000-71 Definitions.
For the purpose of implementing OMB Circular A-109, the
following definitions apply:
(a) "Acquisition Executive" is the Assistant Administrator
for Administration and Resources Management.
(b) "Agency component" or major organizational subdivision
of an agency is hereby construed in EPA to be the Offices of
the Assistant, Associate, and Regional Administrators.
(c) "Agency Component Head" is the Assistant or Associate
Administrator or the Regional Administrator responsible for
the Agency component defined in paragraph (b) of this section.
(d) "Major system" is hereby further defined as:
(1) Any system whose estimated cumulative cost to EPA in
current year dollars will equal $50 million or more during its
research, development, test and evaluation (RDT&E) and/or
production (procurement) phases; or
(2) Any acquisition so designated by the Administrator,
Deputy Administrator, any one of the Assistant or Associate
Administrators, or any one of the Regional Administrators that
(i) is directed at and critical to fulfilling an
Agency mission;
(ii) entails the allocation of relatively large
resources;
(iii) warrants special management attention; and
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(iv) has been recommended by the head of an operating
activity, e.g., laboratory director, office director, division
director, and approved by one of the individuals listed in (c)
above. Assistant or Associate Administrators or Regional
Administrators may designate an acquisition as major only for
those acquisitions within their respective programs.
(e) "Program Manager" is that individual meeting the
qualifications required by 0MB Circular A-109 and receiving a
written charter to manage acquisition of a major system.
1534.003 Responsibilities.
As required by OMB Circular A-109, the following
responsibilities shall be carried out by the officials
designated below.
(a) The Administrator shall:
(1) Ensure general compliance with OMB Circular A-109,
as implemented within the Environmental Protection Agency;
(2) Retain the four key decision points identified in
paragraph 9 of OMB Circular A-109;
(3) Early in the system acquisition process, communicate
to Congress the relationship of major system acquisition
programs to Agency needs. This communication should follow the
requirements of OMB Circular A-109; and
(4) Ensure compliance with paragraphs 14., 15.a., and
15.b. of OMB Circular A-109.
(b) The Deputy Administrator shall:
(1) Establish and maintain clear lines of authority,
responsibility, and accountability for management of major
system acquisition programs; abolish and preclude management
layering and the placing of excessive reporting requirements
on program managers and contractors; and
(2) Where more than one Agency component is involved in
the acquisition of a major system, determine and assign the
roles and responsibilities of each component.
(c) The Assistant Administrator for Administration and
Resources Management shall:
(1) Ensure that each major system fulfills a mission
need ;
(2) Ensure that needs are expressed in mission terms and
not equipment terms;
(3) Ensure appropriate trade-offs among investment costs,
ownership costs, schedules, and performance characteristics;
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(4) Integrate and unify the management process and
monitor implementation of the policies and practices set forth
in OMB Circular A-109.
(5) Approve program manager designation; and
(6) Ensure compliance with paragraphs 17.a., b., and c.
of OMB Circular A-109.
(d) The Assistant, Associate, and Regional Administrators,
as Component Heads, shall nominate, to the Acquisition
Executive, a program manager for each major system acquisition
program and issue a written charter of his/her authority,
responsibility, and accountability for accomplishing approved
program objectives. The program manager nominated must meet
the qualification criteria prescribed in OMB circular A-109
for project managers and the nomination is subject to approval
by the Acquisition Executive.
(e) The Agency Comptroller shall:
(1) Provide budget support to the Administrator to ensure
implementation of the Administrator's responsibilities under
paragraphs (4), (5), and (6) of OMB Circular A-109.
(2) Monitor for compliance with OMB Circular A-76 as
applicable.
(3) As part of the Agency budget process, develop,
implement, and accomplish acquisition planning built on an
analysis of Agency missions.
(f) The Deputy Assistant Administrator for Administration
and Resources Management, as Senior Agency Administrative
Officer, shall:
(1) Provide to the program manager the business
management, procurement, and contracting portions of the
acquisition strategy or approve those developed by the program
manager;
(.2) Provide to the program manager contract placement
and procurement management support and necessary procurement
training;
(3) Develop system acquisitions orientation program; and
(4) Coordinate cost estimating capability required by
paragraph 7.g. of OMB Circular A-109.
(9) The Program Manager shall:
(1) Express program objectives in mission terms and
not in equipment terms;
(2) Place emphasis on the initial activities of the
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system acquisition process to allow and encourage innovation
and competition in creating, exploring, and developing
alternative system design concepts to meet needs and achieve
objectives:
(3) Ensure that the major system operates effectively
in its intended environment and demonstrates an acceptable
level of performance and reliability;
(4) Provide strong checks and balances by ensuring
adequate system test and evaluation; and
(5) Tailor an acquisition strategy for the major
system to be acquired and refine the strategy as the program
proceeds. The business management, procurement and contracting
portions of the acquisition strategy will be acquired from, or
approved by, the Deputy Assistant Administrator for
Administration and Resources Management.
1534.004 Acquisition strategy.
(a) 0MB Circular A-109 provides that, when acquiring major
systems, Federal agencies will express needs in mission terms
based on an analysis of an agency's mission. For purposes of
implementing the Circular, the following guidance on the EPA
mission, its research and development mission areas, and
possible major system areas is provided.
(1) Agency mission. The Environmental Protection Agency
is a regulatory agency whose mission is to protect the health
and welfare of the American People by controlling pollution
hazards. EPA's pollution control responsibilities are
generally coordinated with and in partnership with State and
local Governments. In carrying out its mission, the Agency:
(i) Sets and enforces hazardous waste management and
toxic substances standards;
(ii) Establishes and enforces air and water quality
standards and emission limitations for sources of pollutants:
(iii) Monitors the quality of the environment:
(iv) Controls the use and availability of pesticides:
(v) Sets and enforces noise-producing product
standards and sets general ambient standards for radiation;
(vi) Endeavors to improve the planning for the
management and disposal of environmental pollutants;
(vii) Conducts research and demonstration projects;
and
(viii) Provides financial and technical assistance to
State and local Governments.
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(2) Research and development mission areas. In all
phases of the planning process, research and development
activities are grouped into five major program areas. These
are:
(i) Health and ecological effects;
(ii) Energy;
(iii) Industrial processes;
(iv) Public sector activities; and
(v) Monitoring and technical support.
These will be considered the mission areas for the purposes
of this acquisition strategy.
(3) Possible manor system areas in EPA. The following
are major systems to which the acquisition strategy applies
when they meet the criteria prescribed in 1534.000-71(d).
(i) Automatic data processing system which results in
the continuous and repetitive output of data, reports, charts,
etc., and may include hardware, equipment software,
construction, or other improvements of real property
(ii) Federal construction which includes the
construction of a facility for the use of the Environmental
Protection Agency.
(iii) Improvement which includes improvement(s) to a
Federal facility under the complete control and jurisdiction
of the Environmental Protection Agency.
(iv) Real property acquisition which includes the
acquisition of land and/or facility for the use of the
Environmental Protection Agency.
(v) Demonstration project which is a full-scale
engineering demonstration of a new or improved pollution
control or waste management process.
(b) The following procedures shall be followed in major
systems acquisition:
(1) System acquisition process initiation.
(i) The need for a major system acquisition will be
initially reflected in the agency budget preview process. The
need will be separately and distinctly highlighted as a major
system acquisition and will address the following elements.
(A) How does the major system fulfill a mission
need?
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(B) What is the major system priority in terms of
other mission needs, by fiscal year?
(C) What are the resource requirements to initially
develop the system as well as to operate and maintain the
system; and
(D) what alternative(s) to the major system will
be considered?
(ii) In the 0MB and congressional submissions, in
addition to discussing the needs under the appropriate budget
activity, a special section will be included for major system
acquisitions.
(iii) There may be situations when there is the need
for a major system prior to and after the normal preview and
budget process. In such cases, the need will be transmitted
separately to 0MB and to Congress for the upcoming budget year.
(2) Program manager charter.
(i) Initiating the charter: Upon identification of
a major system acquisition, the head of the EPA component or
the designated component head, when more than one EPA component
is involved, shall nominate a program manager for approval by
the Acquisition Executive. Upon approval of the program
manager by the Acquisition Executive, the head of the
component, or the designated component head in the case of a
multi-component program, shall prepare, negotiate, and issue
a program manager charter. The charter shall be jointly
approved by the head of each EPA component when more than one
EPA component is involved.
(ii) charter outline: The program manager charter
shall, as a minimum, set forth the following:
(A) The name of the individual assigned as the
program manager.
(B) The EPA component elements, or parts thereof,
for which the program manager will be responsible.
(C) The interface, relationship, and direct
communication channels between the program manager and the
participating organizations identified that will be required
to participate in fulfilling the goals of the major system
acquisition.
(D) Provisions for control by the program manager
of the allocation and utilization of resources approved by the
Acquisition Executive for the major system acquisition.
Obligations of the Government resulting from contracts awarded
in support of the major system acquisition shall be the
responsibility of the Contracting Officer supporting the
program manager.
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(E) The primary location of the program management
office and the identified organizations that will provide the
administrative support specified.
(F) Any special delegations of authority within
the authority of the component head and the Acquisition
Executive that are considered necessary for the program
manager.
(G) Program objectives stated in mission terms
rather than equipment terms.
(H) Reporting requirements of the program manager
to the component head and the Acquisition Exiecutive.
(iii) Charter implementation. The program manager in
implementing the charter shall, as a minimum, provide to the
Acquisition Executive for approval a major system acquisition
plan to accomplish the major system objective set forth in the
program manager charter. The plan shall, as a minimum, include
interim goals, milestones, decision points and projected
resource requirements for the entire acquisition process. In
addition, the plan should determine the need for contractor
participation in the acquisition process and the methodology
to be used in monitoring the accomplishment of the acquisition
goals such as monitoring:
(A) Schedules and costs input/output;
(B) Contingency trade-off, including shifts in
resources and decisions to contract;
(C) The need to refine the plan as the program
proceeds; and
(D) Contractor performance.
(iv) Charter review. The Acquisition Executive shall
periodically review all major system acquisition programs
established in EPA, and shall terminate use of this management
technique totally, or in stages, as the program achieves the
principal goals established in the charter and approved
acquisition plan.
(3) Congressional notification.
(i) Congress will be notified in the normal budget
process of a major system acquisition, thereby conforming with
0MB Circulars A-10 and A-ll. This will be applicable to
supplemental requests or to budget amendments. Procedures for
notifying the authorizing committees of Congress will be
arranged by 0MB.
(ii) If a decision is made to proceed with the actual
acquisition of a system without competitive selection and
demonstration, the congressional authorization and
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appropriation committees will be notified.
(4) Commercial or industrial products or services. In
the implementation of a major system, the provisions related
to 0MB circular A-76 (Revised) are applicable.
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PART 1535—RESEARCH AND DEVELOPMENT CONTRACTING
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
1535.007 Solicitations.
1535.007-70 Contract clauses.
The following clauses are prescribed for research and
development (R&D) contracts. They may also be used in other
than R&D contracts when applicable (see 1537.110).
(a) The Contracting Officer shall insert the contract clause
at 1552.235-70, Screening Business Information for Claims of
Confidentiality, in contracts when the Contracting Officer has
determined that during performance of this contract, the
contractor may be required to collect information to perform
the work required under this contract. Some of the information
may consist of trade secrets or commercial or financial
information that would be considered as proprietary or
confidential by the business that has the right to the
information.
(b) The Contracting Officer shall insert the contract clause
at 1552.235-71, Treatment of Confidential Business Information,
in contracts when the Contracting Officer has determined that
in the performance of a contract EPA obtained under the Clean
Air Act (42 U.S.C. 7401 et seq.), the Federal Water Pollution
Control Act (33 U.S.C. 1251, et seq.), the Safe Drinking Water
Act (42 U.S.C. 300f et seq.), the Federal Insecticide,
Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.), the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.),
the Resource Conservation and Recovery Act (42 U.S.C. 301 et
seq.), of the Toxic Substances control Act (15 U.S.C. 2601 et
seq.). EPA regulations on confidentiality of business
information in 40 CFR Part 2 Subpart B require that the
contractor agree to the clause entitled "Treatment of
Confidential Business Information" before any confidential
business information may be furnished to the contractor.
(c) The Contracting Officer shall insert the contract clause
at 1552.235-72, Data Security—FIFRA and/or TSCA Confidential
Business Information, when the contract involves access to
confidential business information related to either the Federal
Insecticide, Fungicide, Rodenticide Act (FIFRA) or the Toxic
Substances Control Act (TSCA) and the Treatment of Confidential
Business Information clause (1552.235-71) and Screening
Business Information for Claims of Confidentiality clause
(1552.235-70) are included.
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PART 1536—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
Subpart 1536.2—Special Aspects of Contracting for
Construction
Sec.
1536.201 Evaluation of contractor performance.
1536.203 Government estimate of construction costs.
1536.209 Construction contracts with architect-engineer
firms.
Subpart 1536.3—Special Aspects of Sealed Bidding in
Construction Contracts
1536.303 Invitations for bids.
1536.303-70 Additive or deductive items.
Subpart 1536.5—Contract Clauses
1536.521 Specifications and drawings for construction.
1536.570 Additive or deductive items.
Subpart 1536.6—Architect-Engineer Services
1536.602 Selection of firms for architect-engineer
contracts.
1536.602-2 Establishment of evaluation boards.
1536.602-4 Selection authority.
1536.602-5 Short selection processes for contracts not
to exceed $10,000.
1536.604 Performance evaluation.
1536.605 Government estimate for architect-engineer work.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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Subpart 1536.2—Special Aspects of Contracting for Construction
1536.201 Evaluation of contractor performance.
(a) The Contracting Officer will obtain input from the
Project Officer on the contractor's performance. The
Contracting Officer will prepare the contractor performance
report as prescribed in FAR 36.201 within two weeks after final
acceptance of the work or contract termination.
(b) Prior to submitting any report of unsatisfactory
performance to the reviewing official, the Contracting Officer
will advise the contractor of any proposed unsatisfactory
rating (see FAR 36.201(a)(3)).
(c) The official at one level above the Contracting Officer
will review each performance report.
(d) The Contracting Officer will forward the original of
the performance report to the Quality Assurance Section,
Procurement and Contracts Management Division. The Quality
Assurance section will file the form in the contractor
performance evaluation files which it maintains.
(e) The Quality Assurance Section will review the report
when it is received and compare it with recent evaluations of
that contractor. If the Quality Assurance section discerns a
pattern of unsatisfactory performance, it will notify the
Contracting Officer for possible action, which may include
referral of the matter to the Compliance Staff or to the
Inspector General for investigation.
(f) Information from the performance report shall not be
released outside of the Agency, except to other Government
agencies at their written request, and on condition that the
information will not be made available outside the Government.
Requests from non-Government sources for information from
performance reports shall be processed in accordance with EPA's
Freedom of Information Act procedures at 40 CFR Part 2.
1536.203 Government estimate of construction costs.
The overall amount of the Government's estimate shall not
be disclosed under any circumstance to persons other than
Government personnel whose official duties, in the judgment of
the Contracting Officer, require knowledge of the estimate.
1536.209 Construction contracts with architect-engineer firms.
No contract for the construction of a project shall be
awarded to the firm that designed the project or its
subsidiaries or affiliates, except with the approval of the
Responsible Associate Director (RAD).
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SUBPART 1536.3—SPECIAL ASPECTS OF SEALED BIDDING IN
CONSTRUCTION CONTRACTING
1536.303 Invitations for bids.
1536.303-70 Additive or deductive items.
Prior to the issuance of an Invitation for Bids, the
Contracting Officer shall ascertain that adequate funds have
been certified as being available for the proposed procurement
action. However, if funds available appear to be insufficient
for all features of the Government's requirement, the
Contracting Officer shall insert in the Invitation provisions
for a base bid and for one or more additive or deductive items.
If the Invitation provides for additive or deductive items, the
Contracting officer shall state an order of priority for the
additive or deductive items in the schedule and, prior to
opening of the bids, determine and record the amount of funds
available (see 1536.570 and 1552 236-71).
SUBPART 1536.5—CONTRACT CLAUSES
1536.521 Specifications and drawings for construction.
The Contracting Officer shall insert the clause at
1552.236-70, Samples and Certificates, in solicitations and
contracts when a fixed-price construction contract is expected
to exceed the small purchase limitation. The clause may be
inserted in solicitations and contracts when the contract is
expected to be within the small purchase limitation.
1536.570 Additive or deductive items.
As prescribed in 1536.303-70, in those circumstances where
funds certified as available appear to be insufficient for all
features of the Government's requirements, insert the clause
at 1552.236-71.
SUBPART 1536.6—ARCHITECT-ENGINEER SERVICES
1536.602 Selection of firms for architect-engineer contracts.
1536.602-2 Establishment of evaluation boards.
(a) The Environmental Protection Agency Architect-Engineer
Evaluation Board is established as a central permanent board
located at Headquarters EPA under authority delegated to the
Director, Procurement and Contracts Management Division. The
Board shall perform all architect-engineer evaluations on an
agency basis. The Agency Board shall be composed of not less
than three nor more than five voting members and one non-voting
advisory member from the contracting office. The
following constitutes the minimum composition of the Board:
(1) Member and Chairman. Chief, Facilities Engineering
Section, Facilities Engineering and Real Estate Branch,
Facilities and Support Services Division;
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(2) Member. A professional engineer or architect from
EPA Headquarters to be designated by the Chairman;
(3) Member. A program official initiating the
requirement or a designated representative; and
(4) Advisory Member. A Contracting Officer or his/her
representative.
(b) The Director, Procurement and Contracts Management
Division, may appoint either one or two additional voting
members as may be appropriate for a particular project.
(c) In the event of an emergency or extended absence, a
member may designate, in writing, with the concurrence of the
Chairman, an alternate experienced in architecture,
engineering, or construction to serve in his/her absence.
(d) The duties of the advisory member shall include, but
not be limited to, the following:
(1) Assuring that the criteria set forth in the public
notice is applied in the evaluation process; and
(2) That actions taken during the evaluation process
do not compromise subsequent procurement actions.
1536.602-4 Selection authority.
For acquisitions with a potential value exceeding $500,000,
the RAD shall serve as the EPA selection authority. For
acquisitions with a potential value of $500,000 or less, the
Chief of the Contracting Office shall determine the selection
authority.
1536.602-5 Short Selection processes for contracts not to
exceed $10,000.
Authorization is given for use of both short selection
processes permitted by FAR 36.602-5.
1536.604 Performance evaluation.
Evaluation of architect-engineer contracts shall be in
accordance with the procedures prescribed in 1536.201 and FAR
36.604.
1536.605 Government estimate for architect-engineer work.
The overall amount of the Government's estimate shall not
be disclosed under any circumstance to persons other than
Government personnel whose official duties, in the judgment of
the Contracting Officer, require knowledge of the estimate.
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PART 1537—SERVICE CONTRACTING
Subpart 1537.1—Service Contracts—General
Sec.
1537.110 Solicitation provisions and contract clauses.
Subpart 1537.2—Consulting Services
1537.200 Scope of subpart.
1537.202 General.
1537.203 Types of consulting services.
1537.205 Management controls.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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SUBPART 1537.1—SERVICE CONTRACTS—GENERAL
1537.110 Solicitation provisions and contract clauses.
The following clauses are prescribed for service
contracts. They may also be used in research and development
contracts when applicable (see 1535.007-70).
(a) The Contracting Officer shall insert the clause at
1552.237-70 Contract Publication Review Procedures, in
solicitations and contracts when the products of the contract
are subject to contract publication review.
(b) The Contracting Officer shall insert the clause at
1552.237-71, Technical Direction, in cost-reimbursement type
solicitations and contracts.
(c) The Contracting Officer shall insert the clause at
1552.237-72, Key Personnel, in solicitations and contracts
when it is necessary for contract performance to identify
contractor key personnel.
(d) The Contracting Officer shall insert the clause at
1552.237-73, Consultant Services and Consent, in
solicitations and contracts where the services of consultants
are required.
(e) The Contracting Officer shall insert the clause at
1552.237-74, Publicity, in solicitations and contracts
pertaining to the removal or remedial activities under the
Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA).
(f) The Contracting Officer shall insert the clause at
1552.237-75, Paperwork Reduction Act, in solicitations and
contracts requiring the collection of identical information
from ten (10) or more public respondents.
SUBPART 1537.2—CONSULTING SERVICES
1537.200 Scope of subpart.
This subpart provides additional examples of services that
are considered consulting services and management controls
for the acquisition of such services.
1537.202 General.
This subpart applies only to the types of services shown
in FAR 37.203 and those shown in 1537.2 03 below. It does not
apply to professional and management services unless the
Contracting Officer has defined such service requirements to
be consulting services.
1537.203 Types of consulting services.
The following supplements the examples cited in FAR
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37.203(a).
(a) Examples of services that are considered consulting
services are provided below:
(1) Advice on the feasibility of instituting a transfer
pricing system in the Procurement and Contracts Management
Division and advice on how such a system could improve
management of contracts by procurement personnel•
(2) Analysis of EPA's management and agency services
support functions and advice on how to improve the
performance of these functions, such as through
reorganization of the Office of Administration.
(3) Analysis of alternative strategies for implementing
requirements of the Hazardous Substance Response Program
regulations and advice on resource needs associated with each
alternative strategy.
(4) Analysis of EPA procedures for drafting and issuing
permits to municipal and nonmunicipal dischargers and advice
on how to simplify these procedures.
(5) Advice on how to coordinate and integrate toxic
substance policies and activities with those of other EPA
programs.
(6) Advice on the different strategies for implementing
merit pay at EPA, and conduct of one 2-hour training course
on one of these strategies. The primary purpose of the
contract is to provide advice on the strategies for
implementing merit pay.
(7) External peer review of programs, projects, and
publications for the Office of Research and Development (ORD)
laboratories to assure conceptual soundness of scientific
methods and validity of results. The objective is to obtain
highly competent technical examinations and analyses of the
research planned or performed by ORD laboratories in order to
obtain the benefit of additional viewpoints and perspectives
and to advise the ORD staff on the stae-of-the-art in areas
that impact laboratory research programs. Three separate
types of reviews are required.
(i) Program reviews and analyses which include
critiques of laboratory research programs and advice on
upgrading the program direction or management.
(ii) Project reviews and analyses which focus on the
scientific/technical details of a single project with an in-
depth examination of the project plan and the progress being
made in pursuing the plan, a review of the data analyses, and
an interpretation of the data analyses.
(iii) Review and analysis of research results for
publication clearance in accordance with the "ORD Technical
Information Policy and Guide."
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(b) Examples of services which are not considered
consulting services are provided below:
(1) Regulatory impact analyses, including economic
impact analyses of effluent guidelines on specific
industries, such as the organic chemicals industry.
(2) Analyses required by the Clean Water Act to
determine economically achievable standards.
(3) Design and implementation of a computerized
management information system for the Office of
Administration.
(4) Development of sampling and analytical techniques
to identify and measure pollutants in the ambient air.
(5) Conduct of a training course for Project Officers
with particular emphasis on the Project Officer's role in the
source evaluation and selection process.
(6) Development of a manual on security procedures for
handling confidential business information.
(7) Conduct of a study to assess the consequences of
pollutant loadings in the Chesapeake Bay.
(8) Evaluation of the strategy proposed by the
Personnel Management Division for implementing merit pay at
EPA with the primary purpose being the conduct of 15 separate
eight-hour training sessions on how to draft critical job
elements and performance standards.
1537.205 Management controls.
(a) In addition to those controls set forth in FAR
37.205(b) the office initiating the Procurement Request/Order
(EPA Form 1900-8) for consulting services shall prepare the
justification for such services, obtain appropriate
approvals, and distribute copies of the approved
justification as prescribed in paragraph , (b) below. The
justification shall be set forth in an attachment to EPA Form
1900-8, Procurement Request/Order. The Agency is required to
report on the planned use of consulting services, including
planned obligations and justifications of needs, in the
Agency's formal budget request to the Office of Management
and Budget. If the proposed acquisition was reported in the
budget request, the planned obligation for the procurement as
set forth in the budget request shall be indicated. Whenever
the estimated value of the proposed acquisition varies
significantly from the planned obligation set forth in the
budget request or in those cases where the proposed
acquisition for management consulting services was not
reported in the budget request, an explanation shall be
included in the justification.
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(b) The program office initiating the requirement shall
obtain approval for use of consulting services as follows:
(1) Requirements that may be purchased pursuant to the
small purchase procedures shall be approved at a level above
the organization initiating the requirements or at the second
level when award is to be made during the fourth fiscal
quarter.
(2) All other requirements shall be approved by the
Associate, Assistant or Regional Administrator.
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PART 1542—CONTRACT ADMINISTRATION
Sec.
1542.000 Scope of part.
Subpart 1542.7—Indirect Cost Rates
1542.700 Scope of subpart.
1542.705 Final indirect cost rates.
1542.705-1 Contracting Officer's determination
procedure.
1542.705-70 Solicitation and contract clauses.
1542.708 Quick-closeout procedures.
Subpart 1542.12—Novation and Change of Name Agreements
1542.1200 Scope of subpart.
1542.1202 Responsibility for executing agreements.
1542.1203 Processing agreements.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1542.000 Scope of part.
This Part implements FAR Part 42 and prescribes general
policies and procedures for performing contract
administration functions and related audit services.
SUBPART 1542.7—INDIRECT COST RATES
1542.700 Scope of subpart.
This subpart implements and supplements FAR Subpart 4 2.7
and prescribes policies and procedures for establishing (a)
billing rates and (b) final indirect costs.
1542.705 Final indirect cost rates.
The EPA shall use the Contracting Officer determination
procedure for all business units for which it shall be
required to negotiate final indirect cost rates.
1542.705-1 Contracting Officer's determination procedure.
(a) Applicability and responsibility. The Cost Policy and
Rate Negotiation Section (CPRN), Procurement and Contracts
Management Division, is responsible for negotiating indirect
cost rates in accordance with EPA Contracting Officer
determination procedures.
(b) Procedures. FAR 42.703 provides that a single agency
shall be responsible for establishing indirect cost rates
(final and billing) for each business unit, which shall be
binding on all Government agencies and their contracting
activities. Depending upon the particular contractor
involved, EPA may or may not be the cognizant Agency for
establishing indirect cost rates. The following procedures
shall be followed in establishing and incorporating final
indirect cost rates into contracts.
(1) Where EPA is the cognizant agency.
(i) The Cost Policy and Rate Negotiation Section
(CPRN) shall coordinate with the audit activity and the
affected Federal Government agencies to develop a negotiation
position, conduct negotiations with the Contractor, prepare
the rate agreement, and be responsible for the execution of
the agreement as provided in FAR 42.705-1(b).
(ii) CPRN shall obtain from the Contractor a
Certificate of Current Cost or Pricing Data where required by
FAR 15.804-4.
(iii) CPRN shall distribute executed copies of the
rate agreement to all EPA contracting offices (as
applicable), the three cost advisory offices at Headquarters,
Research Triangle Park, and Cincinnati, the finance office,
other interested parties (e.g., audit offices, Office of the
Inspector General) and to each affected Federal agency.
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(iv) CPRN shall maintain, as required by FAR 4.801,
a file for all indirect cost rates (final and billing).
(v) Upon receipt of the executed agreement, each EPA
contracting activity shall place a copy in each official
contract file.
(2) Where EPA is not the cognizant agency.
(i) CPRN shall coordinate with audit and/or the
cognizant agency to develop a negotiation position and to
receive a copy of an executed rate agreement.
(ii) CPRN shall distribute copies of the executed
rate agreement to all EPA contracting offices (as
applicable), the three cost advisory offices, the finance
office, and other interested parties (e.g., Office of the
Inspector General).
(iii) CPRN shall maintain, as required by FAR 4.801,
a file for all indirect cost rates (final and billing).
(iv) Upon receipt of the executed agreement, each
EPA contracting office shall place a copy in each official
contract file.
(3) Nevlv awarded contracts. The EPA contract
specialist, with the assistance of the cost advisory offices,
shall place the established billing rate(s) in newly awarded
contracts. Billing rates, like final indirect cost rates,
may be established or revised by CPRN, the auditing activity,
or another Federal Government agency.
1542.705-70 Solicitation and contract clause.
The Contracting Officer shall insert the clause in
1552.242-70, Indirect Costs, in solicitations and contracts
where indirect costs apply.
1542.708 Quick-closeout procedures.
(a) The Contracting Officer or contract administrator, as
appropriate, may use quick-closeout procedures for settlement
of indirect costs on cost-reimbursement contracts prior to a
final audit certification when the conditions specified by
FAR 42.708(a)(1) through (3) have been met and (1) the
contract has an estimated cost, excluding fee of $500,000, or
less, and (2) the cumulative estimated costs of one
Contractor's contracts closed out using these quick-closeout
procedures do not exceed $1,000,000 per contract office.
(b) Under the quick-closeout procedures, if final rates
have been negotiated for all but one of the fiscal years and
25 percent or less of the total costs claimed are for that
fiscal year, the Contracting Officer or contract
administrator shall close the contract using one of the
following rates:
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(1) The previous year final rates.
(2) The subsequent year final rates.
(3) Provisional rates, if less than the rates in (1) or
(2) above.
(4) Any other rates claimed by the Contractor if they
are less than those in (1), (2), or (3) above.
(c) When the final rates have not been negotiated and the
procedures in paragraph (b) of this section do not apply, the
Contracting Officer or contract administrator shall request
the Cost Policy and Rate Negotiation Section (CPRN),
Procurement and Contracts Management Division to negotiate or
to obtain final rates.
SUBPART 1542.12—NOVATION AND CHANGE OF NAME AGREEMENTS
1542.1200 Scope of subpart.
This subpart implements FAR Subpart 42.12 and provides
policies and procedures for executing and processing novation
and change-of-name agreements.
1542.1202 Responsibility for executing agreements.
(a) Any EPA contracting office upon being notified of a
successor in interest to, or change of name of, one of its
Contractors shall promptly report such information by
memorandum to the Director, Procurement and Contracts
Management Division (PCMD).
(b) To avoid duplication of effort on the part of EPA
contracting offices in preparing and executing agreements to
recognize a change of name or successor in interest, only one
supplemental agreement will be prepared to effect necessary
changes for all contracts between EPA and the Contractor
involved. The Chief of the Procurement Policy Staff, PCMD,
will, in each case, designate the Contracting Office
responsible for taking all necessary and appropriate action
with respect to either recognizing or not recognizing a
successor in interest, or recognizing a change of name
agreement.
1542.1203 Processing agreements.
(a) The responsible contracting office shall:
(1) Obtain from the Contractor a list of all affected
contracts, the names and addresses of the contracting offices
responsible for these contracts, and the required documentary
evidence.
(2) Verify the accuracy of the list of contracts
through the Contract Information System.
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(3) Draft and execute a supplemental agreement to one
of the contracts affected but covering all applicable
outstanding and incomplete contracts affected by the transfer
of assets or change of name. A supplemental agreement number
need not be obtained for contracts other than for the one
under which the supplemental agreement is written. The
supplemental agreement will contain a list of the contracts
affected and, for distribution purposes, the names and
addresses of the contracting offices having contracts subject
to the supplemental agreement.
(b) Agreements and supporting documents covering
successors in interest shall be reviewed for legal
sufficiency by legal counsel.
(c) After execution of the supplemental agreement, the
designated office shall forward an authenticated copy of the
supplemental agreement to the Director, Procurement and
Contracts Management Division, and to each affected contract
office.
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PART 1545—GOVERNMENT PROPERTY
Sec.
1545.000 Scope of part.
Subpart 1545.1—General
1545.106 Government property clauses.
subpart 1545.3—Providing Government Property to Contractors
1545.309 Providing Government production and research
property under special restrictions.
Subpart 1545.4—Contractor'Use and Rental of Government
Property
1545.403 Rental—Use and Charges clause.
Subpart 1545.5—Management of Government Property in the
Possession of Contractors
1545.502 Contractor responsibility.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1545.000 Scope of part.
This Part implements FAR Part 45, Government Property, and
sets forth policy and procedures with respect to providing
property for use by contractors in performance of EPA
contracts.
SUBPART 1545.1—GENERAL
1545.106 Government property clauses.
(a) In accordance with 1523.303-71, the Contracting
Officer shall insert the contract clause at 1552.245-70 when
it is anticipated that a Contractor will use Government-
furnished or contractor-acquired property in the cleanup of
hazardous or toxic substances in the environment.
(b) The Contracting Officer shall insert the contract
clause at 1552.245-71, Government-Furnished Data, in any
contract in which the Government is to furnish data to the
Contractor. The data to be provided shall be identified in
the clause.
(c) The Contracting Officer shall insert the contract
clause at 1552.245-72, Fabrication or Acquisition of
Nonexpendable Property, in a;1 cost-reimbursement type
contracts or contracts with i ost-reimbursement portions.
SUBPART 1545.3—PROVIDING GOVERNMENT PROPERTY TO CONTRACTORS
1545.309 Providing Government production and research
property under special restrictions.
Government production and research property, other than
foundations and similar improvements necessary for installing
special tooling, special test equipment, or plant equipment,
shall not be installed or constructed on land not owned by
the Government in such fashion as to be nonseverable unless
the contract under which the property is provided contains—
(a) One of the provisions in FAR 45.309(a);
(b) A requirement that the Government will have the right
to abandon in place all nonseverable Government property
provided; and
(c) A requirement that the Government will not have any
obligation to disassemble or remove the property or to
restore or to rehabilitate the premises on which the property
is located.
SUBPART 1545.4—CONTRACTOR USE AND RENTAL OF GOVERNMENT
PROPERTY
1545.403 Rental—Use and Charges clause.
The Responsible Associate Director (RAD) is the designee
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for determinations that rent may be charged on the basis of
use, or some other equitable basis, rather than a rental
period for production and research property classes other
than plant equipment as indicated in FAR 45.403.
SUBPART 1545.5—MANAGEMENT OF GOVERNMENT PROPERTY IN THE
POSSESSION OF CONTRACTORS
1545.502 Contractor responsibility.
Guidance regarding Contractor responsibility for
management and control of Government property in their
possession is contained in the EPA "Guide for Control of
Government Property By Contractors," which is available from
the Facilities and Support Services Division.
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PART 154 6--QUALITY ASSURANCE
Sec.
1546.000 Scope of part.
Subpart 1546.2—Contract Quality Requirements
1546.201 General.
Subpart 1546.7—Warranties
154 6.704 Authority for use of warranties.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
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1546.000 Scope of part.
This Part implements and supplements FAR Part 46 and
provides EPA policy and procedures on contract quality
assurance requirements and warranties. It includes selected
clauses and guidance on their use.
SUBPART 1546.2--CONTRACT QUALITY REQUIREMENTS
1546.201 General.
(a) The Contracting Officer shall ensure that Procurement
Request/Orders (EPA Form 1900-8) in excess of $25,000 be
accompanied by a Quality Assurance (QA) review form for those
acquisitions in the object classifications prescribed in
Chapter 2 of the "Contracts Management Manual" which covers
procurement request preparation.
(b) Where the QA review form provides for the submission
of a QA program plan in an offeror's proposal, the
Contracting Officer shall use the provision shown in
1552.246-70 in the solicitation.
(c) (1) The Contracting Officer shall include the
provision contained in 1552.246-71 in the solicitation when a
QA project plan is required as part of the proposal
submission. The QA project plan is a specific delineation of
an offeror's approach for accomplishing the QA specification
in a Statement of Work.
(2) When a QA project plan is not a required part of
the technical proposal, the Contracting Officer may require
the QA project plan as a deliverable under the contract by
use of the clause in 1552.246-72.
SUBPART 1546.7—WARRANTIES
1546.704 Authority for use of warranties.
The Contracting Officer shall ensure that the use of a
warranty clause in a contract has the concurrence of the
Project Officer.
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PART 1548—VALUE ENGINEERING
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C.
486(c).
Subpart 1548.1—Policies and Procedures
1548.102 Policies.
The EPA is exempt from the requirements of FAR Part 48 as
authorized in FAR 48.102(a).
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PART 1552—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 1552.2—Texts of Provisions and Clauses
1552.203-70 Current/Former Agency Employee Involvement
Certification.
1552.208-70 Printing.
1552.209-70 Organizational Conflict of Interest
Notification.
1552.209-71 Organizational Conflict of Interest.
1552.209-72 Organizational Conflict of Interest
Certification.
1552.210-70 Report of Work.
1552.210-70 Report of Work. ALTERNATE I.
1552.210-71 Monthly Progress Report—Short Form.
1552.210-72 Monthly Progress Report—Cost Type Contract.
1552.210-73 Monthly Progress Report—Time and Materials or
Labor Hour, or Indefinite Delivery/Indefinite
Quantity Fixed Rate Services Contract.
1552.210-74 Working Files.
1552.210-75 Legal Analysis.
1552.210-76 Final Reports.
1552.210-77 Management Consulting Services.
1552.212-70 Level of Effort—Cost-Reimbursement term
Contract.
1552.212-71 Work Assignments.
1552.213-70 Notice to Suppliers of Equipment.
1552.214-70 Past Performance.
1552.214-71 Contract Award—Other Factors—Formal
Advertising.
1552.215-70 EPA Source Evaluation and Selection.
Procedures—Negotiated Procurement.
1552.215-71 Evaluation Factors for Award.
1552.215-71 Evaluation Factors for Award. ALTERNATE I.
1552.215-72 Past Performance.
1552.215-73 Instructions for the Preparation of Technical
and Cost or Pricing Proposals.
1552.215-74 Cost Proposal Instructions.
1552.215-75 [Reserved]
1552.215-76 General Financial and Organizational
Information.
1552.216-70 Award Fee.
1552.216-71 Date of Incurrence of Cost.
1552.216-72 Ordering—By Designated Ordering Officers.
1552.216-73 Fixed Rated for Services—Indefinite
Delivery/Indefinite Quantity Contract.
1552.217-70 Evaluation of Contract Options.
1552.217-71 Option To Extend the Term of the Contract—Cost-
Plus-Award Fee Contract.
1552.217-72 Option to Extend the Term of the Contract—Cost-
Plus-Award-Fee Contract.
1552.217-73 Option for Increased Quantity—Cost-Type
Contract.
1552.217-74 Option for Increased Quantity—Cost-Plus-Award-
Fee.
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Subpart 1552.2—Texts of Provisions and clauses (continued)
1552.217-74 Option for Increased Quantity—Cost-Plus-Award-
Fee.
1552.217-75 Option To Extend the Effective Period of the
Contract—Time and Materials or Labor Hour
Contract.
1552.217-76 Option To Extend the Effective Period of the
Contract—Indefinite Delivery/Indefinite
Quantity Contract.
1552.223-70 Protection of Human Subjects.
1552.224-70 Social Security Numbers of Consultants and
Certain Sole Proprietors and Privacy Act
Statement.
1552.228-70 Insurance—Liability to Third Persons—
Commercial Organizations.
1552.228-71 Insurance—Liability to Third Persons—State or
Local Governments.
1552.228-72 Insurance—Liability to Third Persons-Commercial
Organizations (Emergency).
1552.228-73 Insurance—Liability to Third Persons—State or
Local Governments (Emergency).
1552.229-70 State and Local Taxes.
1552.232-70 Submission of Invoices.
1552.232-71 [Reserved]
1552.232-72 [Reserved]
1552.232-73 Payments—Fixed Rate Services Contract.
1552.235-70 Screening Business Information for Claims of
Confidentiality.
1552.235-71 Treatment of Confidential Business Information.
1552.235-72 Data Security—FIFRA and/or TSCA Confidential
Business Information.
1552.236-70 Samples and Certificates.
1552.236-71 Additive or Deductive Items.
1552.237-70 Contract Publication Review Procedure.
1552.237-71 Technical Direction.
1552.237-72 Key Personnel.
1552.237-73 Consultant Services and Consent.
1552.237-74 Publicity.
1552.237-75 Paperwork Reduction Act.
1552.242-70 Indirect Costs.
1552.245-70 Decontamination of Government Property.
1552.245-71 Government-Furnished Data.
1552.245-72 Fabrication or Acquisition of Nonexpendable
Property.
1552.246-70 Quality Assurance (QA) Program Plan.
1552.246-71 Quality Assurance (QA) Project Plan.
1552.246-72 Quality Assurance (QA) Project Plan
Documentation.
Authority: Sec. 205(c), 63 Stat. 390, as amended,
40 U.S.C. 486(c).
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SUBPART 1552.2—TEXT OP PROVISIONS AND CLAUSES
1552.203-70 Current/Former Agency Employee Involvement
Certification.
As prescribed in 1503.603, insert the following
solicitation provision in all EPA solicitation documents for
sole source acquisitions.
CURRENT/FORMER AGENCY EMPLOYEE INVOLVEMENT CERTIFICATION
(APR 1984)
The offeror (quoter) hereby certifies that:
(a) He/she is [ ] is not [ ] a former regular or special
EPA employee whose EPA employment terminated within one year
prior to submission of this offer (quote).
(b) He/she does [ ] does not [ ] employ or propose to
employ a current/former regular or special EPA employee whose
EPA employment terminated within one year prior to submission
of this offer (quote) and who has been or will be involved,
directly or indirectly, in developing or negotiating this
offer (quote) for the offeror (quoter), or in the management,
administration or performance of any contract resulting from
this offer (quote).
(c) He/she does [ ] does not [ ] employ or propose to
employ as a consultant or subcontractor under any contract
resulting from this offer (quote) a current/former regular or
special EPA employee whose EPA employment terminated within
one year prior to submission of this offer (quote).
(d) A former regular or special EPA employee whose EPA
employment terminated within one year prior to submission of
this offer (quote) or such former employee's spouse or minor
child does [ ] does not [ ] own or substantially own or
control the offeror's (quoter's) firm.
(e) See EPAAR Part 1503 for definitions of the terms
"regular" and "special employee."
(End of provision)
1552.208-70 Printing.
As prescribed in 1508.870, insert the following contract
clause in all type contracts which require printing,
duplication, binding, reproduction, and related services and
are subject to the provisions of the Government Printing and
Binding Regulations published by the Joint Committee on
Printing, Congress of the United States.
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PRINTING (APR 1984)
Unless otherwise specified in this contract, the
Contractor shall not engage in nor subcontract for, any
printing (as that term is defined in Title I of the
Government Printing and Binding Regulations in effect on the
effective date of this contract) in connection with the
performance of work under this contract. Provided, however,
that performance of a requirement under this contract
involving the duplication of less than 5,000 units of only
one page, or less than 25,000 units in the aggregate of
multiple pages, such pages not exceeding a maximum image size
of 10 3/4 by 14 1/4 inches, will not be deemed to be
printing.
(End of clause)
1552.209-70 Organizational Conflict of Interest
Notification.
As prescribed in 1509.508(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
(c) When the procurement is accomplished through small
purchase procedures (use is optional for small purchases).
ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION
(APR 1984)
(a) The prospective contractor certifies, to the best of
its knowledge and belief, that it is not aware of any
information bearing on the existence of any potential
organizational conflict of interest. If the prospective
Contractor cannot so certify, it shall provide a disclosure
statement in its proposal which describes all relevant
information concerning any past, present, or planned
interests bearing on whether it (including its chief
executives and directors, or any proposed consultant or
subcontractor) may have a potential organizational conflict
of 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.
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(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 procedures (use is optional for small purchases).
ORGANIZATIONAL CONFLICTS OF INTEREST
(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
organizational conflict of interest is discovered after
award, the Contractor 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
discovered 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
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subcontract or consultant agreement hereunder, provisions
which shall conform substantially to the language of this
clause, including this paragraph (d).
(End of clause)
1552.209-72 Organizational Conflict of Interest
Certification.
As prescribed in 1509.508(b), insert the following
provision in all solicitation documents when applicable.
ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION
(APR 1984)
The offeror [ ] is [ ] is not aware of any information
bearing on the existence of any potential organizational
conflict of interest. If the offeror 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)
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.
REPORTS OF WORK (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)
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
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under this contract is 2030-0005 with an expiration date of
May 31, 1986. Required reports are:
Reports description No. Copies Addressees
(End of clause)
1552.210-71 Monthly Progress Report—Short Form.
As prescribed in 1510.011-71, insert the following
contract clause when monthly progress reports are required
and the duration of the contract is contemplated to be less
than six months.
MONTHLY PROGRESS REPORT—SHORT FORM (APR 1984)
The Contractor shall furnish copies of monthly
progress reports briefly stating the progress made, including
the percentage of the project completed or of work ordered
and completed as of the end of 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.
If this contract includes cost-reimbursement elements, the
report shall also provide the cumulative amount of funds
expended from the effective date of the contract through the
last day of the reporting period, as well as the amount of
funds expended expressed as a percentage of the total
contract funds. 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:
No. of Copies: Addressee:
Project Officer
Contracting Officer
(End of clause)
1552.210-72 Monthly Progress Report—Cost Type Contract.
As prescribed in 1510.011-72, insert the following clause:
MONTHLY PROGRESS REPORT—COST-TYPE CONTRACT (Sep 1990)
The Contractor shall furnish copies of a combined
monthly technical and financial progress report briefly
stating the progress made, including the percentage of the
project completed during the reporting period. If work is
ordered using work assignments include the percentage of work
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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 as follows:
(a) For term form contracts, provide:
(1) Cumulative totals for the contract amounts
obligated, amounts claimed, and remaining available funds.
Available funds are defined as the total obligated amount
less total amounts claimed.
(2) Cumulative labor hours and dollars, broken out by
prime contractor and subcontractor labor category, expended
from the effective date of the contract through the last day
of the current reporting month. 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 follows:
No. of Copies Addressee
Project Officer
Contracting Officer
(End of clause)
1552.210-73 Monthly Progress Report—Time and Materials or
Labor Hour Contract.
As prescribed in 1510.011-73, insert the following clause:
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MONTHLY PROGRESS REPORT—TIME AND MATERIAL OR LABOR HOUR
CONTRACT (SEP 1990)
(a) The Contractor shall furnish copies of a
combined monthly technical and financial progress report
briefly stating the progress made, including the number of
hours expended during the reporting period and cumulatively
and the percentage of the project work remaining. Specific
discussions shall include difficulties encountered and
remedial action taken during the reporting period and
anticipated activity during the subsequent reporting period.
(b) The report shall include the following financial
information:
(1) Cumulative totals for the contract amounts
obligated, amounts claimed, and remaining funds available.
Available funds are defined as the total obligated amount
less total amount claimed;
(2) Cumulative labor hours and dollars, broken out by
prime and subcontractor labor category, expended from the
effective date of the contract through the last day of the
current reporting period;
(3) Actual costs and labor hours expended during the
current month;
(4) Estimated costs and labor hours to be expended
during the current month;
(c) The reports shall be submitted to the-following
addressees on or before the each month following the
first complete calendar month of the contract. Distribute
reports as follows:
No. of Copies Addressee
Project Officer
Contracting Officer
(End of clause)
1552.210-7 4 Monthly Progress Report—Indefinite
Delivery/Indefinite Quantity Fixed-Rate Services Contract.
As prescribed in 1510.011-74, insert the following clause:
1552.210-74 MONTHLY PROGRESS REPORT—INDEFINITE
DELIVERY/INDEFINITE QUANTITY FIXED-RATE SERVICES CONTRACT
(SEP 1990)
(a) The Contractor shall furnish copies of a
combined monthly technical and financial progress report
briefly stating the progress made, including the percentage
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of 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.
(b) The report shall include the following financial
information for each delivery order:
(1) Delivery order number, date and title;
(2) EPA client organization;
(3) Period of performance, including explanations for
any extensions that may be needed;
(4) Number of hours and corresponding dollar amounts
expended to date by labor category;
(5) Cumulative number of hours and corresponding dollar
amounts expended to date by labor category;
(6) Cumulative listing of all invoices submitted
including invoice number, date submitted, period of invoice,
total amount of invoice, and amount paid;
(7) Any accumulated charges that have not been invoiced
and reasons why they have not been billed;
(8) Estimated costs and labor hours to be expended
during the next reporting period.
(c) The reports shall be submitted to the following
addressees on or before the each month following the
first complete calendar month of the contract. Distribute
reports as follows:
No. of Copies Addressee
Project Officer
Contracting Officer
(End of clause)
1552.210-75 Working Files.
As prescribed in 1510.011-74, insert the following clause
in all applicable EPA contracts.
WORKING FILES (APR 1984)
The Contractor shall maintain accurate working files (by
task or work assignment) on all work documentation including
calculations, assumptions, interpretations of regulations,
sources of information, and other raw data required in the
performance of this contract. The Contractor shall provide
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the information contained in its working files upon request
of the Contracting Officer.
(End of clause)
1552.210-76 Legal Analysis.
As prescribed in 1510.011-75, insert this contract clause
when it is determined that the contract involves legal
analysis.
LEGAL ANALYSIS (APR 1984)
The Contractor shall furnish to the Project Officer one
(1) copy of any draft legal analysis. The Government will
provide a response to the Contractor within thirty (30)
calendar days after receipt. The Contractor shall not
finalize the analysis until the Government has given
approval.
(End of clause)
1552.210-77 Final Reports.
As prescribed in 1510.011-76, insert this contract clause
when a contract requires a draft and a final report.
FINAL REPORTS (APR 1984)
(a) "Draft Report11—The Contractor shall submit to the
Project Officer copies of the draft final report on or
before (date). The Contractor shall furnish to the
Contracting Officer a copy of the letter transmitting the
draft. The draft shall be typed double-spaced or space-and-a-
half and shall include all pertinent material required in the
final report. The Government will review for approval or
disapproval the draft and provide a response to the
Contractor within calendar days after receipt. If the
Government does not provide a response within the allotted
review time, the Contractor immediately shall notify the
Contracting Officer in writing.
(b) "Final Report"—The Contractor shall deliver a final
report on or before the last day of the period of performance
specified in the contract. Distribution is as follows:
No. of Copies Addressee
1 EPA Library
1 Contracting Officer
1 Project Officer
(End of clause)
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1552.210-78 Management Consulting Services.
As prescribed in 1510.011-77, insert the following
contract clause in all contracts for management consulting
services.
MANAGEMENT CONSULTING SERVICES (APR 1984)
All reports containing recommendations to the
Environmental Protection Agency shall include the following
information on the cover of each report: (a) name and
business address of the contractor; (b) contract number; (c)
contract dollar amount; (d) whether the contract was subject
to full and open competition or a sole source acquisition;
(e) name of the EPA Project Officer and the EPA Project
Officer's office identification and location; and (f) date of
report.
(End of clause)
1552.212-70 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 (CPIF), and cost-plus-award-fee contracts (CPAF).
LEVEL OF EFFORT—COST-REIMBURSEMENT TERM CONTRACT (APR 1984)
(a) The Contractor shall perform all work and provide all
required reports within the level of effort specified below.
The Government hereby orders direct labor hours for
the base period, which represents the Government's best
estimate of the level of effort to fulfill these
requirements.
(b) Direct labor includes personnel such as engineers,
scientists, draftsmen, technicians, statisticians, and
programmers and not support personnel such as company
management,typists, and key punch operators even though such
support personnel are normally treated as direct labor by the
contractor. The level of effort specified in paragraph (a)
includes contractor, subcontractor, and consultant labor
hours.
(c) If the Contractor provides less than 90 percent of the
level of effort specified for the base period or any optional
period ordered, an equitable downward adjustment of the fixed
fee, if any, for that period will be made. The Government
may require the Contractor to provide additional effort up to
110 percent of the level of effort for any period until the
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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 term form
contracts when work assignments are to be used.
WORK ASSIGNMENTS (APR 1984)
(a) The Contractor shall perform work under this contract
as specified in written work assignments issued by the
Contracting Officer.
(b) Each work assignment will include (1) a numerical
designation, (2) the estimate of required labor hours, (3)
the period of performance and schedule of deliverables, and
(4) the description of the work.
(c) The Contractor shall acknowledge receipt of each work
assignment by returning to the Contracting Officer a signed
copy of the work assignment within calendar days after
its receipt. The Contractor shall begin work immediately
upon receipt of a work assignment. Within calendar
days after receipt of a work assignment, the Contractor shall
submit copies of a work plan to the Project Officer and
copies to the Contracting Officer. The work plan
shall include a detailed technical and staffing plan and a
detailed cost estimate. Within calendar days after
receipt of the work plan, the Contracting Officer will
provide written approval or disapproval of it to the
Contractor. If the Contractor has not received approval on a
work plan within calendar days after its submission,
the Contractor shall stop work on that work assignment.
Also, if the Contracting Officer disapproves a work 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.
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(d) This clause does not change the requirements of the
"Level of Effort" clause, nor the notification requirements
of either the "Limitation of Cost" or "Limitation of Funds"
clauses.
(e) Work assignments shall not allow for any change to the
terms or conditions of the contract. Where any language in
the work assignment may suggest a change to the terms or
conditions, the Contractor shall immediately notify the
Contracting Officer.
(End of clause)
1552.213-70 Notice to Suppliers of Equipment.
'As prescribed in 1513.507(b), the Contracting Officer
shall insert the following contract clause in orders for or
lease of commercially available equipment.
NOTICE TO SUPPLIERS OF EQUIPMENT (APR 1984)
(a) It is the general policy of the Environmental
Protection Agency that Contractor or vendor prescribed leases
or maintenance agreements for equipment will NOT be executed.
(b) Performance in accordance with the terms and
conditions of the vendor's commercial lease, or customer
service maintenance agreement, unless specified in the
Schedule, may render the vendor's performance unacceptable,
thereby permitting the Government to apply such contractual
remedies as may be permitted by law, regulation, or the terms
of this order.
(End of clause)
1552.214-70 Past Performance.
As prescribed in 1514.201-6(a), insert this solicitation
provision in all invitations for bids.
PAST PERFORMANCE (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
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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.
CONTRACT AWARD—OTHER FACTORS—FORMAL ADVERTISING
(APR 1984)
The Government will award a contract resulting from this
solicitation as stated in the "Contract Award" provision.
The other factors that will be considered are:
(End of provision)
1552.215-70 EPA Source Evaluation and Selection Procedures—
Negotiated Procurements.
As prescribed in 1515.605, insert the following
solicitation provision in Request for Proposals.
EPA SOURCE EVALUATION AND SELECTION PROCEDURES—NEGOTIATED
PROCUREMENTS (APR 1984)
(a) The government will select an offeror 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 determine cost realism. Cost realism
relates to an offeror'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 decision
the responsibility factors set forth in FAR Part 9.
(End of provision)
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1552.215-71 Evaluation Factors for Award.
As prescribed in 1515.605, 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 I provision states that
cost or price is more important than technical quality
provided an offeror's technical proposal establishes that the
minimum needs of the Government can be met. The "other
factors" listed in paragraph (a) of the provisions 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.
EVALUATION FACTORS FOR AWARD (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 descending order of importance, secondary to both
technical quality and cost or price:
(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 proposals become more equal in their technical merit,
the evaluated 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)
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EVALUATION FACTORS FOR AWARD (APR 1984)
ALTERNATE I (APR 1984)
(a) The Government will make award to the responsible
offeror whose offer conforms to the solicitation and is most
advantageous to the Government, cost or price, technical
quality and other factors considered. 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 cost/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
(End of provision)
1552.215-72 Past Performance
As prescribed in 1515.407(a), insert this solicitation
provision in all negotiated solicitation documents.
PAST PERFORMANCE
Offerors shall provide the following 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.
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(b) If the offeror 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."
INSTRUCTIONS FOR THE PREPARATION OF TECHNICAL AND
COST OR PRICING PROPOSALS (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 personnel;
(iv) Assumptions, deviations, and exceptions (as
necessary); and
(v) Additional information.
(2) Special technical proposal instructions:
(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;
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(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.
(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
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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 proportionate 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.
(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 competitive prices, and a
justification as to why the Government should furnish the
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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 offeror or proposed to be used in the
performance of the contract, and the Government Agency which
has cognizance over the property.
(End of provision)
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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 offeror'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) ("Superfund")
program, the provision may be used in other negotiated
solicitations.
Offerors 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 per
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 costs 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 be placed on SF 1411, and the following
format should be followed in preparing the detailed cost
proposal. All items which are subcontracted 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.
(a) Labor.
Labor Estimated
Categories Hours Rate/Hour Total
COST PROPOSAL INSTRUCTIONS (APR 1984)
$
$
$
$
$
$
Labor Cost Subtotal
$
(b) Equipment.
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Item
Description
Estimated
Usage
Rate
$
$"
$
Total
$
$"
$"
Equipment Cost Subtotal
(c) Travel and Subsistence.
(1) Travel
No. of
Persons
From
To
Mileage
(2) Subsistence.
No. of
Persons
No. of
Days
Rate/Dav
$
$"
Cost Per
Trip
$
$
Total
$
$"
Total
$
$;
Travel and Per Diem Subtotal
(d) Materials and Safety Equipment.
Item Estimated
Description Quantity
Unit
Price
$
$"
$"
Total
$
$"
$"
Material Cost Subtotal $_
(e) Sampling and Analytical Services.
Type of
Analysis
No. of
Analyses
Price/Analvsis
Total
$
$
$
Analytical Cost Subtotal
(f) Transportation.
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Estimated $/Mile
Type of Size of No. of No. of or
Material Load Miles Loads $/Load
$
$
Transportation Cost Subtotal $
(g) Disposal.
Type of Method of Estimated $/Gal. or
Material Disposal Quantity $/Ton
$
$
Disposal Cost Subtotal
(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 [Reserved]
1552.215-7 6 General Financial and Organizational Information
As prescribed in 1515.407 (a)(3), insert the following
provision:
GENERAL FINANCIAL AND ORGANIZATIONAL INFORMATION (APR 1984)
Offerors 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 offeror has previously submitted the
information, it should certify the validity of that data
currently in file at EPA or update all outdated information on
file.
(a) Contractor's Name:
Total
$
$
Total
$
$
$
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(b) Address (if financial records are maintained at some
other location, show the address of the place where the records
are kept):
(c) Telephone Number:
(d) Individual(s) to contact re this proposal:
(e) Cognizant Government:
Audit Agency:
Address:
Auditor:
(f) (1) Work Distribution for the Last Completed Fiscal
Accounting Period:
Sales:
Government cost-reimbursement type
prime contracts and subcontracts: $
Government fixed-price prime
contracts and subcontracts: $
Commercial Sales: $
Total Sales: $
(2) Total Sales for first and second fiscal years
immediately preceding last completed fiscal year.
Total Sales for First Preceding Fiscal Year $
Total Sales for Second Preceding Fiscal Year $
(8) Is company a separate entity or division?
Yes No .
If a division or subsidiary corporation, name parent company:
(h) Date Company Organized:
(i) Manpower:
TotalEmployees:
Direct:
Indirect:
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Standard Work Week (Hours):
(j) Commercial Products:
(k) Attach a current organizational chart of the company.
(1) Description of Contractor's system of estimating and
accumulating costs under Government contracts. (Check
appropriate blocks.)
Estimating System
Job Order
Process
Accumulating System
Job Order
Process
Has your cost estimating system been approved by any Government
agency? Yes No
If yes, give name and location of agency:
(m) What is your fiscal year period? (Give month-to-month
dates) : — - through - - .
What were the indirect cost rates for your last completed
fiscal year?
Fiscal Indirect Basis of
Year Cost Rate Allocation
Fringe Benefits '
Overhead
G&A Expense
Other
(n) Have the proposed indirect cost rate(s) been evaluated
and accepted by any Government agency? Yes No
If yes, provide name and location of the Government agency:
Date of last preaward audit review by a Government agency:
Estimated/
Actual Cost
Standard
Cost
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(If the answer is no, data supporting the proposed rates must
accompany the cost or price proposal. A breakdown of the items
comprising overhead and G&A must be furnished.)
(o) Cost estimating is performed by:
Accounting Department
Contacting Department
Other (describe)
(p) Has system of control of Government property been
approved by a Government agency? Yes No
If yes, name and location of the Government agency:
(q) Purchasing System:
FAR 44.302 requires EPA, where it is the cognizant Government
agency, to conduct a Contractor Purchasing System Review for
each contractor whose sales to the Government, using other
than sealed bid procedures, are expected to exceed $10 million
(annual billings) during the next twelve months. The $10
million sales threshold is comprised of prime contracts,
subcontracts under Government prime contracts, and
modifications (except when the negotiated price is based on
established catalog or market prices or is set by law or
regulation). Has your purchasing system been approved by a
Government agency?
Yes No
If yes, name and location of the Government agency:
Period of Approval:
If no, do you estimate that your negotiated sales to the
Government during the next twelve months will meet the $10
million threshold?
Yes No
If you respond yes to the $10 million threshold question, is
EPA the cognizant agency for your organization based on the
preponderance of Government contract dollars?
Yes No
If EPA is not your cognizant Government agency, provide the
name and location of the cognizant agency:
Are your purchasing policies and procedures written?
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Yes No
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(r) Does your firm have an established written incentive
compensation or bonus plan? Yes No
(End of provision)
1552.216-7 0 Award Fee
As prescribed in 1516.405, insert the following contract
clause in cost-plus-award-fee contracts.
AWARD FEE (APR 1984)
The amount of award fee the Government earns, if any,
is based on subjective evaluation by the Government of the
quality of the Contractor'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 p -ovide such changes in writing to
the Contractor prior to t ^e beginning of the applicable
evaluation period. The Contr. ctor may submit a voucher for the
earned award fee. Available award fee not earned during the
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.
DATE OF INCURRENCE OF COST (APR 1984)
The Contractor is entitled to reimbursement for allowable,
allocable costs incurred during the period of
to the award date of this contract in an amount not to exceed
$ . All terms and conditions of this contract
are in effect from .
(End of clause)
1552.216-72 Ordering—By Designated Ordering Officers.
As prescribed in 1516.505(a), insert the following in
indefinite delivery/indefinite quantity contracts.
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ORDERING—BY DESIGNATED ORDERING OFFICERS
(APR 1984)
(a) The Government will order any supplies and
services to be furnished under this contract by issuing
delivery orders on Optional Form 347, or any agency prescribed
form, from through In addition to the Contracting
Officer, the following individuals are authorized ordering
officers: .
(b) A Standard Form 30 will be the method of amending
delivery orders.
(c) The Contractor shall acknowledge receipt of each order
and shall prepare and forward to the Ordering Officer within
ten (10) calendar days the proposed staffing plan for
accomplishing the assigned task within the period specified.
(d) If the Contractor considers the estimated labor hours
or specified work completion date to be unreasonable, he/she
shall promptly notify the Ordering Officer and Contracting
Officer in writing within 10 calendar days, stating why the
estimated labor hours or specified completion date is
considered unreasonable.
(e) Each delivery order will have a ceiling price, which
the Contractor may not exceed. When the Contractor has reason
to believe that the labor payment and support costs for the
order, which will accrue in the next thirty (30) days, will
bring total cost to over 85 percent of the ceiling price
specified in the order, the Contractor shall notify the
Ordering Officer.
(f) Paragraphs (c), (d), and (e) of this clause apply only
when services are being ordered.
(End of clause)
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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.
FIXED RATES FOR SERVICES—INDEFINITE DELIVERY/INDEFINITE
QUANTITY CONTRACT (APR 1984)
The following fixed rates shall apply for payment purposes
for the duration of the contract.
Estimated Fixed
Personnel Skill Direct Labor Hourly
Classification Level Hours Rate Total
The rate, or rates, set forth above cover all expenses,
including report preparation, salaries, overhead, general and
administrative expenses, and profit.
The Contractor shall voucher for only the time of the
Personnel whose services are applied directly to the work
called for in individual Delivery Orders and accepted by the
EPA Project Officer. The Government shall pay the Contractor
for the life of a delivery order at rates in effect when the
delivery order was issued, even if performance under the
delivery order crosses into another period. The Contractor
shall maintain time and labor distribution records for all
employees who work under the contract. These records must
document time worked and work performed by each individual on
all Delivery Orders.
(End of clause)
1552.217-70 Evaluation of Contract Options.
As prescribed in 1517.208(a), insert the following
solicitation provision in Requests for Proposals when the
solicitation contains options.
EVALUATION OF CONTRACT OPTIONS (APR 1984)
For award purposes, in addition to an offeror'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
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options. For this solicitation the options are as specified
in Section H.
(End of provision)
1552.217-71 Option To Extend the Tern of the Contract—Cost-
Type Contract.
As prescribed in 1517.208(b), insert this contract clause
in cost reimbursement type term form contracts when
applicable. If only one option period is used, enter "NA" in
the proper places of the clause. If more than two option
periods apply, the clause may be modified accordingly.
OPTION TO EXTEND THE TERM OF THE CONTRACT—
COST-TYPE CONTRACT (APR 1984)
The Government has the option to extend the term of this
contract for additional period(s). If more than 60
days remain in the contract period of performance, the
Government, without prior written notification, may exercise
this option by issuing a contract modification. To exercise
this option within the last 60 days of the period of
performance, the Government must provide to the Contractor
written notification prior to that last 60-day period. This
preliminary notification does not commit the Government to
exercising the option. The Government's estimated level of
effort is ; direct labor hours for the first option
period and for the second. Use of an option will
result in the following contract modifications:
(a) The "Period of Performance" clause will be amended to
cover a base period from to and option
periods from to and to
(b) Paragraph (a) of the "Level of Effort" clause will be
amended to reflect a new and separate level of effort of
for the first option period and a new and separate
level of effort of for the second option period.
(c) The "Estimated Cost and Fixed Fee" clause will be
amended to reflect increased estimated costs and fixed fee
for each option period as follows:
Option 1 Option 2
Estimated Cost
Fixed Fee
Total
(d) If this contract contains "not to exceed amounts" for
elements of other direct costs (ODC), those amounts will be
increased as follows:
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Other Direct
Cost Item Option 1 Option 2
(End of clause)
1552.217-72 Option To Extend the Term of the Contract—Cost-
Plus- Award-Fee Contract.
As prescribed in 1517.208(c), insert this contract clause
in cost plus-award-fee term contracts when applicable. If
only one option period is used, enter "NA" in the proper
places of the clause. If more than two option periods apply,
modify the clause accordingly.
OPTION TO EXTEND THE TERM OF THE CONTRACT—
COST-PLUS-AWARD-FEE CONTRACT (APR 1984)
(a) The Government has the option to extend the term of
this contract for additional periods. If more
than 60 days remain in the contract period of performance,
the Government, without prior written notification, may
exercise this option by issuing a contract modification. To
exercise this option within the last 60 days of the period of
performance, the Government must provide to the Contractor
written notification prior to that last 60-day period. This
preliminary notification does not commit the Government to
exercising the option. The Government's estimated level of
effort is direct labor hours for the first option
period and for the second. Use of an option will
result in the following contract modifications:
(b) The "Period of Performance" clause will be amended to
cover a base period from to and option
periods from to and to
(c) Paragraph (a) of the "Level of Effort" clause will be
amended to reflect a new and separate level of effort of
for the first option period and a new and separate
level of effort of for the second option period.
(d) The "Estimated Cost Base Fee and Award Fee" clause
will be amended to reflect increased estimated costs and base
fee and award fee pool for each option period as follows:
Option 1 Option 2
Estimated Cost
Base Fee
Award Fee Pool
Total
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(e) If this contract contains "not to exceed amounts" for
elements of other direct costs (ODC), those amounts will be
increased as follows:
Other Direct
Cost Item Option 1 Option 2
(End of clause)
1552.217-73 Option for Increased Quantity—Cost-Type
Contract.
As prescribed in 1517.208(d), insert this contract clause
in cost reimbursement type term form contracts when
applicable. If only one option period is used, enter "NA" in
the proper places of the clause. If more than two option
periods apply, modify the clause accordingly.
OPTION FOR INCREASED QUANTITY—COST-TYPE CONTRACT (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 Period option 1 Option 2
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.
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OPTION FOR INCREASED QUANTITY—COST-PLUS-AWARD-FEE CONTRACT
(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:
Base Period Option 1 Option 2
Estimated Cost
Base Fee
Award Fee Pool
Total
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.
OPTION TO EXTEND THE EFFECTIVE PERIOD OF THE CONTRACT—
TIME AND MATERIALS OR LABOR HOUR
CONTRACT (APR 1984)
(a) The Government has the option to extend the effective
period of this contract for additional period(s). If
more than sixty (60) days remain in the contract effective
period, the Government, without prior written notification,
may exercise this option by issuing a contract modification.
To unilaterally exercise this option within the last 60 days
of the effective period, the Government must issue written
notification of its intent to exercise the option prior to
that last 60-day period. 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
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modified to cover a base period from to and
option periods from to and to .
(End of clause)
1552.217-76 Option To Extend the Effective Period of the
Contract— Indefinite Delivery/Indefinite Quantity Contract.
As prescribed in 1517.208(g), the following is used in
indefinite delivery/indefinite quantity type contracts with
options to extend the effective period of the contract. The
clause may be adjusted depending upon the number of options.
If only one option period is used, modify (b) and (c)
accordingly.
OPTION TO EXTEND THE EFFECTIVE PERIOD OF THE
CONTRACT—INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT
(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 options are exercised, the "Minimum and Maximum
Contract Amount" clause will be modified to reflect new and
separate minimums of for the first option period and
for the second option period, and new and separate
maximums of for the first option period and for
the second option period.
(c) The "Effective Period of the Contract" clause will be
modified to cover a base period from to and
option periods from to and to .
(End of clause)
1552.223-70 Protection of Human Subjects
As prescribed in 1523.303-70, insert the following
contract clause when the contract involves human test
subjects.
PROTECTION OF HUMAN SUBJECTS (APR 1984)
(a) The Contractor shall protect the rights and welfare of
human subjects in accordance with the procedures specified in
its current Institutional Assurance on file with the Agency.
The Contractor shall certify at least annually that an
appropriate institutional committee has reviewed and approved
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the procedures which involve human subjects in accordance
with the applicable Institutional Assurance accepted by the
Agency.
(b) The Contractor shall bear full responsibility for the
proper and safe performance of all work and services
involving the use of human subjects under this contract.
(End of clause)
1552.224-70 Social Security Numbers of Consultants and
Certain Sole Proprietors and Privacy Act Statement.
As prescribed in 1524.104, insert the following provision
in all solicitations.
SOCIAL SECURITY NUMBERS OF CONSULTANTS AND CERTAIN SOLE
PROPRIETORS AND PRIVACY ACT STATEMENT (APR 1984)
(a) Section 6041 of Title 26 of the U.S. Code.requires EPA
to file Internal Revenue Service (IRS) Form 1099 with respect
to individuals who receive payments from EPA under purchase
orders or contracts. Section 6109 of Title 26 of the U.S.
Code authorizes collection by EPA of the social security
numbers of such individuals for the purpose of filing IRS
Form 1099. Social security numbers obtained for this purpose
will be used by EPA for the sole purpose of filing IRS Form
1099 in compliance with Section 6041 of Title 26 of the U.S.
Code.
(b) If the offeror or quoter is an individual, consultant,
or sole proprietor and has no Employer Identification Number,
insert the offeror's or quoter's social security number on
the following line.
(End of provision)
1552.228-70 Insurance—Liability to Third Persons—Commercial
Organizations.
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.
INSURANCE—LIABILITY TO THIRD PERSONS-
COMMERCIAL ORGANIZATIONS (APR 1984)
(a) The Contractor shall procure and maintain such
insurance as is required by law 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
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respect to performance of this contract.
(b) At a minimum, the Contractor shall procure and
maintain the following types of insurance:
(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 as the
Contracting Officer may require or approve: provided, that
the Contractor may, with the approval of the Contracting
Officer, maintain a self-insurance program. All insurance
required pursuant to the provisions of this paragraph shall
be in such form and for such periods 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 contracting Officer any other insurance
maintained by the Contractor in connection with the
performance of this contract and for which the Contractor
seeks reimbursement hereunder.
(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
properly 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—
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(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.
(f) The 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.
(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 duties 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 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 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.
(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 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
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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)
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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.
INSURANCE—LIABILITY TO THIRD PERSONS—
STATE OR LOCAL GOVERNMENTS. (APR 1984)
(a) The 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 Contracting 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 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 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
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
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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 provision 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. Subcontractors
providing for indemnification within the purview of this
contract clause shall provide for prompt notification 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 obligations 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 subcontractor may
be liable.
(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 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
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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.
INSURANCE—LIABILITY TO THIRD PERSONS-COMMERCIAL
ORGANIZATIONS (EMERGENCY) (APR 1984)
(a) The Contractor shall procure and maintain such
insurance as is required by law 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 insurance:
(1) Workmen'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
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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 separate 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 whom the Contractor may be liable.
(f) 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 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 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
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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.
INSURANCE—LIABILITY TO THIRD PERSONS-STATE OR
LOCAL GOVERNMENTS (EMERGENCY) (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 extend 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
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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 obligations 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
subcontractors may be liable.
(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 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
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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.
(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.
(End of clause)
1552.229-70 State and Local Taxes.
As prescribed in 1529.401-70, insert the following clause:
STATE AND LOCAL TAXES (NOV 1989)
In accordance with FAR 29.303 and FAR 31.205-41, the
Contractor or any subcontractor under this contract shall not
be reimbursed for payment of any State and local taxes for
which an exemption is available. The Contractor is
responsible for determining the availability of State and
local tax exemptions and obtaining such exemptions, if
available. The Contractor shall include this clause,
suitably modified to identify the parties, in all
subcontracts at any tier. The Contractor shall notify the
Contracting Officer if problems arise in obtaining a State
and local tax exemption. The contractor may seek a waiver by
the Contracting Officer from this requirement if the
administrative burden of seeking an exemption appears to
outweigh the potential savings to the Government.
(End of clause)
1552.232-70 Submission of Invoices.
As prescribed in 1532.908, insert the following clause:
SUBMISSION OF INVOICES (OCT 1989)
In order to be considered properly submitted, an invoice
or request for contract financing payment must meet the
following requirements in addition to the requirements of FAR
32-905:
(a) Unless otherwise specified in the contract, an invoice
or request for contract financing payment shall be submitted
as an original and four copies. The contractors shall submit
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the invoice to the following offices/individuals designated
in the contract; the original and one copy to the Accounting
Operations Office; two copies to the project officer (the
project officer may direct one of these copies to a
separate address); and one copy to the Contracting Officer.
(b)(1) If this is a cost-reimbursement contract, the
contractor shall prepare the invoice or request for contract
financing payment in accordance with EPA Form 1900-34, "Guide
for the Preparation of Contractor's Claim for Reimbursement
of Costs and Fees Under Cost Reimbursement Type Contract's!1
or EPA Form 1900-3A, "Guide for the Preparation of
Contractor's Claims for Type Contracts." If the contract is a
cost-reimbursement term form contract under which contract
work is authorized by individual work assignments, the
invoice or request for contract financing payment shall
include a summary of amounts claimed against each work
assignment.
(2) The invoice for a cost-reimbursement contract shall
include current and cumulative charges by major cost element
such as direct labor, overhead, travel, equipment, and other
direct costs. The charges for subcontracts shall be further
detailed in a supporting schedule showing the major cost
elements for each subcontract.
(c)(1) If this is an indefinite delivery/indefinite
quantity contract, the invoice or request for contract
financing payment shall include a summary of amounts claimed
against each delivery order, unless otherwise specified.
(2) The invoice for an indefinite delivery/indefinite
quantity contract shall indicate charges by major cost
element such as direct labor, overhead, travel, equipment,
and other direct costs. The charges for subcontracts shall
be further detailed in a supporting schedule showing the
major cost elements for each subcontract.
(d) Invoices must clearly indicate the period of
performance for which payment is requested and include EPA
accounting information necessary to process payments,
Separate invoices are required for charges applicable to the
basic contract and for each option period. If contract work
is ordered, through individual work assignments or delivery
orders, invoices must show current and cumulative charges by
work assignment or delivery order number and EPA accounting
information. When contracts, work assignments or delivery
orders contain multiple lines of accounting data, charges
that cannot be assigned to a single line of information
should be allocated based on the percentage of total dollars,
unless otherwise specified (separate invoices shall be
submitted for each delivery order). Required accounting
information includes the Document Control Number (DCN) and
the account number shown in block 14 of the SF 26, block 21
of the SF 33, block 12 of the SF 30, or on the individual
work assignment or delivery order.
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(e) When the contractor invoices on a monthly basis, the
period covered by requests for contract financing payments
must be the same as the period for monthly progress reports
required under this contract. If, in accordance with FAR
52.216-7, the contractor submits request for contract
financing payments more frequently than monthly, one payment
request each month must have the same ending period of
performance as the monthly progress report. Where cumulative
amounts on the monthly progress report differ from the
aggregate amounts contained in the request(s) for contract
financing payments covering the same ending period, the
contractor must provide a reconciliation of the difference as
part of the payment request.
(End of clause)
Alternate I (SEP 1990). As prescribed in 1532.908,
substitute the following paragraph for (d) in the clause:
(d) Invoices must clearly indicate the period of
performance for which payment is requested and include EPA
accounting information necessary to process payments.
Separate invoices are required for charges applicable to the
basic contract and each option period. If contract work is
ordered through individual work assignments or delivery
orders, invoices must show current and cumulative charges by
work assignment or delivery order number and EPa accounting
information. When contracts, work assignments or delivery
orders contain multiple lines of accounting data, charges
that cannot be assigned to a single line of accounting
information should be allocated based on the percentage of
total dollars, unless otherwise specified (separate invoices
shall be submitted for each delivery order). Required
accounting information includes the account number shown in
block 14 of the SF 26, block 21 of the SF 33, block 12 of the
SF 30, or on the individual work assignment or delivery
order.
Alternate II (SEP 1990). As prescribed in 1532.908,
substitute the following paragraph for (d) in the clause:
(d) Invoices must clearly indicate the period of
performance for which payment is requested. Separate
invoices are required for charges applicable to the basic
contract and each option period. If contract work is ordered
through individual work assignments or delivery orders,
invoices must show current and cumulative charges by work
assignment or delivery order number (separate invoices shall
be submitted for each delivery order).
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1552.232-71 [Reserved]
1552.232-72 [Reserved]
1552.232-73 Payments—Fixed-Rate Services Contract
As prescribed in 1532.111, insert the following in
indefinite delivery/indefinite quantity contracts with fixed
services rates.
PAYMENTS—FIXED-RATE SERVICES CONTRACT (APR 1984)
The Government shall pay the Contractor as follows up the
submission of invoices or vouchers approved by the
Contracting Officer:
(a) Hourly rate.
(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 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.
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(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 costs or indirect
costs may be included in the charge for material or other
direct costs to the extent they are clearly excluded from the
hourly rate. Material handling and/or indirect cost rates
are specified in the "Indirect Costs" clause. Material
handling costs are comprised of indirect costs, including,
when appropriate, general and administrative expense
allocated to direct materials in accordance with the
Contractor's usual accounting practices consistent with
Subpart 31.2 of the FAR. The Contractor shall be reimbursed
for items and services purchased directly for the contract
only when cash, checks, or other forms of actual payment have
been made for such purchased items or services. Direct
materials or other direct costs, as used in this clause, are
those items which enter directly into the end product, or
which are used or consumed directly in connection with the
furnishing of the end product.
(2) Subcontracted effort may be included in the fixed
hourly rates discussed in paragraph (a)(1) 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) (1) 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
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the Contractor to furnish material which is regularly sold to
the general public in the normal course of business by the
Contractor, the price to be paid for such material,
notwithstanding (b)(1) 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 most favored
customer for the same item in like guantity, 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 when the total value of all
delivery orders issued exceeds 85 percent of the maximum
price specified in the schedule.
(d) Maximum amount. The Government shall not be obligated
to pay the Contractor any amount in excess of the maximum
amount in the Schedule, and the Contractor shall not be
obligated to continue performance if to do so would exceed
the maximum amount set forth in the Schedule, unless or until
the Contracting Officer shall have notified the Contractor in
writing that the maximum amount has been increased and shall
have specified in the notice a revised maximum that shall
constitute the maximum amount for performance under this
contract. When and to the extent that the maximum amount set
forth in the Schedule has been increased, any hours expended,
and material or other direct costs incurred by the Contractor
in excess of the maximum amount before the increase, shall be
allowable to the same extent as if the hours expended and
material costs had been incurred after the increase in the
maximum amount.
(e) Audit. At any time before final payment under this
contract, the Contracting Officer may request audit of the
invoices or vouchers and substantiating material. Each
payment previously made shall be subject to reduction to the
extent of amounts, on preceding invoices or vouchers, that
are found by the Contracting Officer not to have been
properly payable and shall also be subject to reduction for
overpayments or to increase for underpayments. Upon receipt
and approval of the voucher or invoice designated by the
Contractor as the "completion voucher" or "completion
invoice" and substantiating material, and upon compliance by
the Contractor with all terms of this contract (including,
without limitation, terms.relating to patents and the terms
of (f) and (8) 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
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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.
(g) Refunds. The Contractor agrees that any refunds,
rebates, or credits (including any related interest) accruing
to or received by the Contractor or any assignee, that arise
under the materials portion of this contract and for which
the Contractor has received reimbursement, shall be paid by
the Contractor to the Government. The Contractor and each
assignee, under an assignment entered into under this
contract and in effect at the time of final payment under
this contract, shall execute and deliver, at the time of and
as a condition precedent to final payment under this
contract, an assignment to the Government of such refunds,
rebates, or credits (including any interest) in form and
substance satisfactory to the Contracting Officer.
(End of clause)
1552.235-70 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
commercial or financial information that would be considered
as proprietary or confidential by the business that has the
right to the information. The following clause enables EPA
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to resolve any claims of confidentiality concerning the
information that the Contractor will furnish under a
contract. The clause entitled "Treatment of Confidential
Business Information" shall also be included in the contract:
SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY
(APR 1984)
(a) Whenever collecting information under this contract,
the Contractor agrees to comply with the following
requirements:
(1) If the Contractor collects information from public
sources, such as books, reports, journals, periodicals,
public records, or other sources that are available to the
public without restriction, the Contractor shall submit a
list of these sources to the appropriate program office at
the time the information is initially submitted to EPA. The
Contractor shall identify the information according to
source.
(2) If the Contractor collects information from a State
or local Government or from a Federal agency, the Contractor
shall submit a list of these sources to the appropriate
program office at the time the information is initially
submitted to EPA. The Contractor shall identify the
information according to source.
(3) If the Contractor collects information directly
from a business or from a source that represents a business
or businesses, such as a trade association:
(i) Before asking for the information, the Contractor
shall identify itself, explain that it is performing
contractual work for the U.S. Environmental Protection
Agency, identify the information that it is seeking to
collect, explain what will be done with the information, and
give the following notice:
(A) You may, if you desire, assert a business
confidentiality claim covering part or all of the
information. If you do assert a claim, the information will
be disclosed by EPA only to the extent, and by means of the
procedures, set forth in 40 CFR Part 2, Subpart B.
(B) If no such claim is made at the time this
information is received by the Contractor, it may be made
available to the public by the Environmental Protection
Agency without further notice to you.
(C) The Contractor shall, in accordance with FAR
Part 9, execute a written agreement regarding the limitations
of the use of this information and forward a copy of the
agreement to the Contracting Officer.
(ii) Upon receiving the information, the Contractor
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shall make a written notation that the notice set out above
was given to the source, by whom, in what form, and on what
date.
(iii) At the time the Contractor initially submits
the information to the appropriate program office, the
Contractor shall submit a list of these sources, identify the
information according to source, and indicate whether the
source made any confidentiality claim and the nature and
extent of the claim.
(b) The Contractor shall keep all information collected
from nonpublic sources confidential in accordance with the
clause in this contract entitled "Treatment of Confidential
Business Information" as if it had been furnished to the
Contractor by EPA.
(c) The Contractor agrees to obtain the written consent of
the Contracting Officer, after a written determination by the
appropriate program office, prior to entering into any
subcontract that will require the subcontractor to collect
information. The Contractor agrees to include this clause,
including this paragraph (c), and the clause entitled
"Treatment of Confidential Business Information" in all
subcontracts awarded pursuant to this contract that require
the subcontractor collect information.
(End of clause)
1552.235-71 Treatment of Confidential Business Information.
As prescribed in 1535.007-70(b), insert the following
contract clause in all types of contracts when the
contracting Officer has determined that in the performance of
a contract, EPA may furnish confidential business information
to the Contractor that EPA obtained under the Clean Air Act
(42 U.S.C. 7401 et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1251, et seq.), the Safe Drinking Water Act
(42 U.S.C. 300f et seq.), the Federal Insecticide, Fungicide
and Rodenticide Act (7 U.S.C. 136 et seq.), the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Resource
Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.).
EPA regulations on confidentiality of business information in
40 CFR Part 2 Subpart B require that the Contractor agree to
the clause entitled "Treatment of Confidential Business
Information" before any confidential business information may
be furnished to the Contractor:
TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION
(APR 1984)
(a) The Contracting Officer, after a written determination
by the appropriate program office, may disclose confidential
business information to the Contractor necessary to carry out
the work required under this contract. The Contractor agrees
to use the confidential information only under the following
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conditions:
(1) The Contractor and Contractor's Employees shall:
(i) use the confidential information only for the purposes of
carrying out the work required by the contract; (ii) not
disclose the information to anyone other than EPA employees
without the prior written approval of the Assistant General
Counsel for Contracts and Information Law; and (iii) return
to the Contracting Officer all copies of the information, and
any abstracts or excerpts therefrom, upon request by the
Contractinq Officer, whenever the information is no longer
required by the Contractor for the performance of the work
required by the contract, or upon completion of the contract.
(2) The Contractor shall obtain a written agreement to
honor the above limitations from each of the Contractor's
employees who will have access to the information before the
employee is allowed access.
(3) The Contractor agrees that these contract
conditions concerning the use and disclosure of confidential
information are included for the benefit of and shall be
enforceable by, both EPA and any affected business having a
proprietary interest in the information.
(4) The Contractor shall not use any confidential
information supplied by EPA or obtained during performance
hereunder to compete with any business to which the
confidential information relates.
(b) The Contractor agrees to obtain the written consent of
the Contracting Officer, after a written determination by the
appropriate program office, prior to entering into any
subcontract that will involve the disclosure of confidential
business information by the Contractor to the subcontractor.
The Contractor agrees to include this clause, including this
paragraph (b), in all subcontracts awarded, pursuant to this
contract, that require the furnishing of confidential
business information to the subcontractor.
(End of clause)
1552.235-72 Data Security—FIFRA and/or TSCA Confidential
Business Information.
As prescribed in 1535.007-70(c), insert the following
contract clause when the contract involves access to
confidential business information related to either the
Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) or
the Toxic Substances Control Act (TSCA) and the "Treatment of
Confidential Business Information" clause (1552.235-71) and
the "Screening Business Information for Claims of
Confidentiality" clause (1552.235-70) are also used.
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DATA SECURITY—FIFRA AND/OR TSCA
CONFIDENTIAL BUSINESS INFORMATION (APR 1984)
The Contractor shall handle Federal Insecticide,
Fungicide, Rodenticide Act (FIFRA and/or Toxic Substances
Control Act (TSCA) confidential business information in
accordance with the contract clause entitled "Treatment of
Confidential Business Information" and "Screening Business
Information for Claims of Confidentiality," the provisions
set forth below, and the Contractor's approved detailed
security plan.
(a) The Contracting Officer, after a written determination
by the appropriate program office, may disclose confidential
business information to the Contractor necessary to carry out
the work required under this contract. The Contractor shall
protect the confidential business information and
confidential business information used in its computer
operations in accordance with the following requirements.
(1) The Contractor and Contractor's employees shall
follow the security procedures set forth in the Contractor's
security plan(s) approved by EPA.
(2) The Contractor shall, upon request by the
Contracting Officer, permit access to and inspection of the
Contractor's facilities in use under this contract by
representatives of EPA's Assistant Administrator for
Administration and Resources Management, EPA's Program
Support Division of the Office of Pesticide Programs, EPA's
Management Support Division of the Office of Toxic
Substances, EPA's Management Information System Division or
by the Project Officer.
(3) The Contractor Document Control Officer (DCO) shall
obtain a signed copy of the FIFRA/TSCA "Contractor Employee
Confidentiality Agreement" from each of the Contractor's
employees who will have access to the information before the
employee is allowed access.
(b) The Contractor agrees that these requirements
concerning protection of confidential business information
are included for the benefit of, and shall be enforceable by,
both EPA and any affected business having a proprietary
interest in the information.
(c) The Contractor understands that confidential business
information obtained by EPA under the Fungicide, Insecticide,
and Rodenticide Act and/or the Toxic Substances Control Act
may not be disclosed except as authorized by the Act(s), and
that any unauthorized disclosure by the Contractor or the
Contractor's employees may subject the Contractor and the
Contractor's employees to the criminal penalties specified in
FIFRA [7 U.S.C. 136h(f)] and/or TSCA [15 U.S.C. 2613(d)].
For purposes of this contract, the only disclosures that EPA
authorizes the Contractor to make are those disclosures set
forth in the clause entitled "Treatment of Confidential
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Business Information."
(d) The Contractor agrees to include the provisions of
this clause, including this paragraph (d), in all
subcontracts awarded pursuant to this contract that require
the furnishing of confidential business information to the
subcontractor.
(e) The Contractor shall return all logs and employee
confidentiality agreements to EPA at the end of the contract.
(f) If, subsequent to the date of this contract, the
Government changes the security requirements, the Contracting
Officer shall equitably adjust affected provisions of this
contract in accordance with the "Changes" clause when:
(1) The Contractor submits a timely written request for an
equitable adjustment; and
(2) The facts warrant an equitable adjustment.
(End of clause)
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1552.236-70 Samples and Certificates.
As prescribed in 1536.521, insert the following
contract clause in construction contracts.
SAMPLES AND CERTIFICATES (APR 1984)
When required by the specifications or the
Contracting Officer, samples, certificates, and test data
shall be submitted after award of the contract, prepaid, in
time for proper action by the Contracting Officer or his/her
designated representative. Certificates and test data shall
be submitted in triplicate to show compliance of materials
and construction specified in the contract performance
requirements. Samples shall be submitted in duplicate by the
Contractor, except as otherwise specified, to show compliance
with the contract requirements. Materials or equipment for
which samples, certifications or test data are required shall
not be used in the work until approved in writing by the
Contracting Officer.
(End of clause)
1552.236-71 Additive or Deductive Items.
As prescribed in 1536.570, insert the following
solicitation provision in Invitations for Bids for
construction that provides for additive or deductive items.
ADDITIVE OR DEDUCTIVE ITEMS (APR 1984)
The low bidder for purposes of award shall be the
conforming responsible bidder offering the low' aggregate
amount for the base bid item, plus or minus (in the order of
priority listed in the schedule) those additive or deductive
bid items providing the most features of the work within the
funds determined by the Government to be available before
bids are opened. If addition of another bid item in the
listed order of priority would make the award exceed.such
funds for all bidders, it shall be skipped and the next
subsequent additive bid item in a lower amount shall be added
if award thereon can be made within such funds. For example,
when the amount available is $100,000 and a bidder's base bid
and four successive additives are $85,000, $10,000, $8,000,
$6,000, and $4,000, the aggregate amount of the bid for
purposes of award would be $99,000 for the base bid plus the
first and fourth additives, the second and third additives
being skipped because each of them would cause the aggregate
bid to exceed $100,000. In any case, all bids shall be
evaluated on the basis of the same additive or deductive bid
items, determined as above provided. The listed order or
priority need be followed only for determining the low
bidder. If the amount of funds determined and recorded in
the contract file by the Contracting Officer as available for
the project prior to the opening of bids proves insufficient
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so as to preclude an award, the low bidder for purposes of
award shall be the conforming responsible bidder offering
the low amount for the base bid item, exclusive of any
additive or deductive items. After determination of the low
bidder as stated, award in the best interests of the
Government may be made on the selected base bid and any
combination of additive or deductive items for which funds
are determined to be available at the time of the award,
provided that award on such combination of bid items does not
exceed the amount offered by any other conforming responsible
bidder for the same combination of bid items. After the
contract has been awarded, any work which should have been
part of the contract offered by the solicitation originally
(i.e., any additive or deductive item) may be procured by any
one of the following methods of procurement listed in
descending order of priority:
(a) Full and open competition resulting in a new contract.
(b) Negotiation of a supplemental agreement to the
existing contract justified under FAR 6.302.
(End of provision)
1552.237-70 Contract Publication Review Procedures.
As prescribed in 1537.110, insert the following contract
clause when the products of the contract are subject to
contract publication review.
CONTRACT PUBLICATION REVIEW PROCEDURES
(APR 1984)
(a) Material generated under this contract intended for
release to the public is subject to the Agency's publication
review process in accordance with the EPA Order on this
subject and the following.
(b) Except as indicated in paragraph (c) below, the
Contractor shall not independently publish or print material
generated under this contract until after completion of the
EPA review process. The Project Officer will notify the
Contractor of review completion within calendar days
after the Contractor's transmittal to the Project Officer of
material generated under this contract. If the Contractor
does not receive Project Officer notification within this
period, the Contractor shall immediately notify the
Contracting Officer in writing.
(c) The Contractor may publish, in a scientific journal,
material resulting directly or indirectly from work performed
under this contract, subject to the following:
(1) The Contractor shall submit to the Contracting
Officer and the Project Officer, at least 30 days prior to
publication, a copy of any paper, article, or other
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dissemination of information intended for publication.
(2) The Contractor shall include the following
statement in a journal article which has not been subjected
to EPA review: "Although the research described in this
article has been funded wholly or in part by the United
States Environmental Protection Agency contract (number) to
(Name of Contractor), it has not been subject to the Agency's
review and therefore does not necessarily reflect the views
of the Agency, and no official endorsement should be
inferred."
(3) Following publication of the journal article, the
Contractor shall submit five copies of the journal article to
the Project Officer, and one copy to the Contracting Officer.
(d) If the Government has completed the review process and
agreed that the contract material may be attributed to EPA,
the Contractor shall include the following statement in the
document:
This material has been funded wholly or in part by the
United States Environmental Protection Agency under contract
(number) to (name). It has been subject to the Agency's
review, and it has been approved for publication as an EPA
document. Mention of trade ^ames or commercial products does
not constitute endorsement oi recommendation for use.
(e) If the Government has completed the review process,
but decides not to publish the material, the Contractor may
independently publish and distribute the material for its own
use and at its own expense, and shall include the following
statement in any independent publication:
Although the information described in this article has
been funded wholly or in part by the United States
Environmental Protection Agency under contract (number) to
(name), it does not necessarily reflect the views of the
Agency and no official endorsement should be inferred.
(End of clause)
1552.237-71 Technical Direction.
As prescribed in 1537.110, insert the following contract
clause in cost-reimbursement contracts.
TECHNICAL DIRECTION
(APR 1984)
(a) The Project Officer will provide technical direction
on contract performance, Technical direction includes:
(1) Direction to the Contractor which assists him in
accomplishing the Statement of Work.
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(2) Comments on and approval of reports or other
deliverables.
(b) Technical direction must be within the contract
Statement of Work. The Project Officer does not have the
authority to issue technical direction which (1) institutes
additional work outside the scope of the contract; (2)
constitutes a change as defined in the "Changes" clause; (3)
causes an increase or decrease in the estimated cost of the
contract; (4) alters the period of performance; or (5)
changes any of the other express terms or conditions of the
contract.
(c) Technical direction will be issued in writing by the
Project Officer or confirmed by him in writing within five
(5) calendar days after verbal issuance.
(End of clause)
1552.237-72 Key Personnel.
As prescribed in 1537.110, insert the following contract
clause when it is necessary for contract performance to
identify Contractor key personnel.
KEY PERSONNEL (APR 1984)
(a) The Contractor shall assign to this contract the
following key personnel:
1552.237-73 consultant Services and Consent.
As prescribed in 1537.110, insert the following contract
clause in contracts where the services of consultants are
required. Enter "none" in paragraph (b) if consent is not
given for one or more consultants at the time of award.
CONSULTANT SERVICES AND CONSENT (APR 1984)
(a) The Contractor shall obtain the consent of the
Contracting Officer prior to using any consultant on this
contract. The Contractor shall determine whether any
consultant that is used has in effect an agreement with
another Federal agency for similar or like services and, if
so, shall notify the Contracting Officer.
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(b) The Contractor may use the following consultants for
the period of time at the rate shown.
Number of Not To Exceed the
Name (Days) (Hours) (Daily)(Hourly) Rate of
$
$
(End of clause)
1552.237-74 Publicity.
As prescribed in 1537.110, insert the following contract
clause in contracts pertaining to the removal or remedial
activities under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) ("Super Fund")
program. The term "on-scene coordinator" may be substituted
with "Project Officer."
PUBLICITY (APR 1984)
(a) The Contractor agrees to notify and obtain the verbal
approval of the on-scene coordinator (or Project Officer)
prior to releasing any information to the news media
regarding the removal or remedial activities being conducted
under this contract.
(b) It is also agreed that the Contractor shall
acknowledge EPA support whenever the work funded in whole or
in part by this contract is publicized in any news media.
(End of clause)
1552.237-75 Paperwork Reduction Act.
As prescribed in 1537.110, insert this contract clause in
any contract requiring the collection of identical
information from ten (10) or more public respondents.
PAPERWORK REDUCTION ACT (APR 1984)
If it is established at award or subsequently becomes a
contractual requirement to collect identical information from
ten (10) or more public respondents, the Paperwork Reduction
Act of 1980, 44 U.S.C. 3501 et seq. applies. In that event,
the Contractor shall not take any action to solicit
information from any of the public respondents until notified
in writing by the Contracting Officer that the required
Office of Management and Budget (OMB) final clearance was
received.
(End of clause)
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1552.242-70 Indirect costs.
As prescribed in 1542.705-70, insert the following clause
in all cost-reimbursement type contracts. If ceilings are
not being established, enter "not applicable" in (c).
INDIRECT COSTS (APR 1984)
(a) In accordance with paragraph (d) of the "Allowable
Cost and Payment" clause, the final indirect cost rates
applicable to this contract shall be established between the
Contractor and the appropriate Government representative
(EPA, other Government agency, or auditor), as provided by
FAR 42.703(a). EPA's procedures require a Contracting
Officer determination of indirect cost rates for its
contracts. In those cases where EPA is the cognizant agency
(see FAR 42.705-1), the final rate proposal shall be
submitted to the cognizant audit activity and to the
following designated Contracting Officer:
Environmental Protection Agency
Chief, Cost Policy and Rate
Negotiation Section (PM-214-F)
Procurement and Contracts Management
Division Washington, DC 20460
Where EPA is not the cognizant agency, the final rate
proposal shall be submitted to the above-cited address, to
the cognizant audit agency, and to the designated Contracting
Officer of the cognizant agency. Upon establishment of the
final indirect cost rates, the Contractor shall submit an
executed Certificate of Current Cost or Pricing Data (stee FAR
15.804-4) applicable to the data furnished in connection with
the final rates to the cognizant audit agency. The final
rates shall be contained in a written understanding between
the Contractor and the appropriate Government representative.
Pursuant to the "Allowable Cost and Payment" clause, the
allowable indirect costs under this contract shall be
obtained by applying the final agreed upon rate(s) to the
appropriate bases.
(b) Until final annual indirect cost rates are established
for any period, the Government shall reimburse the Contractor
at billing rates established by the appropriate Government
representative in accordance with FAR 42.704, subject to
adjustment when the final rates are established. The
established billing rates are currently as follows:
Cost Center Period Rate Base
These billing rates may be prospectively or retroactively
revised by mutual agreement, at the request of either the
Government or the Contractor, to prevent substantial
overpayment or underpayment.
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(c) Notwithstanding the provisions of paragraphs (a) and
(b) above, ceilings are hereby established on indirect costs
reimbursable under this contract. The Government shall not
be obligated to pay the Contractor any additional amount on
account of indirect costs in excess of the ceiling rates
listed below:
Cost Center Period Rate Base
(End of clause)
1552.245-70 Decontamination of Government Property.
As prescribed in 1545.106(a) and 1515.303-71, insert the
following contract clause when it is anticipated that a
Contractor will use Government-furnished or Contractor-
acquired property in the cleanup of hazardous or toxic
substances in the environment.
DECONTAMINATION OF GOVERNMENT PROPERTY (APR 1984)
In addition to the requirements of the "Government
Property" clause, the Contractor shall certify in writing
that any Government-furnished property or Contractor-acquired
property is returned to the Government free from
contamination by any hazardous or toxic substances.
(End of clause)
1552.245-71 Government-Furnished Data.
As prescribed in 1545.106(b), insert the following
contract clause in any contract that the Government is to
furnish the Contractor data. Identify in the clause the data
to be provided.
GOVERNMENT-FURNISHED DATA (APR 1984)
(a) The Government shall deliver to the Contractor the
Government-furnished data described in the contract. If the
data, suitable for its intended use, is not delivered to the
Contractor, the Contracting Officer shall equitably adjust
affected provisions of this contract in accordance with the
"Changes" clause when:
(1) The Contractor submits a timely written request for
an equitable adjustment; and
(2) The facts warrant an equitable adjustment.
(3) Title to Government-furnished data shall remain in
the Government.
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(c) The Contractor shall use the Government-furnished data
only in connection with this contract.
(d) The following data will be furnished to the Contractor
on or about the time indicated:
(End of clause)
1552.246-70 Quality Assurance (QA) Program Plan.
As prescribed in 1546.201(b), insert the following
solicitation provision in Requests for Proposals if a program
plan is required. A QA program plan is a general statement
of an offeror's capability for QA.
QUALITY ASSURANCE (QA) PROGRAM PLAN (APR 1984)
Each offeror, as a separate and identifiable part of its
technical proposal, shall submit a Quality Assurance (QA)
program plan setting forth the offeror's capability for
quality assurance. The plan shall address the following:
(a) A statement of policy concerning the organization's
commitment to implement a Quality Control/Quality Assurance
program to assure generation of measurement data of adequate
quality to meet the requirements of the Statement of Work.
(b) An organizational chart showing the position of a QA
function or person within.the organization. It is highly
desirable that the QA function or person be independent of
the functional groups which generate measurement data.
(c) A delineation of the authority and responsibilities of
the QA function or person and the related data quality
responsibilities of other functional groups of the
organization.
(d) The type and degree of experience in developing and
applying Quality Control/Quality Assurance procedures to the
proposed sampling and measurement methods needed for
performance of the Statement of Work.
(e) The background and experience of the proposed
personnel relevant to accomplish the QA specifications in the
Statement of Work.
(f) The offeror's general approach for accomplishing the
QA specifications in the Statement of Work.
(End of provision)
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1552.246-71 Quality Assurance (QA) Project Plan.
As prescribed in 1546.201(c)(1), insert the following
solicitation provision in Requests for Proposals when a QA
project plan is required as part of the proposal submission.
A QA project plan is a specific delineation of an offeror's
approach for accomplishing the QA specifications in a
Statement of Work. When offerors are required to submit a
project plan, a program plan may or may not be required. The
project plan may be a part of an offeror's technical
proposal, or a deliverable under the contract.
QUALITY ASSURANCE (QA) PROJECT PLAN (APR 1984)
The offeror, as a separate and identifiable part of its
technical proposal, shall submit a Quality Assurance (QA)
project plan which shall describe specific procedures and
responsibilities needed to accomplish the QA specifications
in the Statement of Work. The project plan shall consist of
the following form and content:
(a) Title page, with provision for approval signatures.
(b) Table of contents.
(c) Project description.
(d) Project organization(s) and responsibilities.
(e) Quality Assurance objectives for measurement data, in
terms of precision, accuracy, completeness,
representativeness and comparability.
(f) Sampling procedures.
(g) Sample custody.
(h) Calibration procedures, references, and frequency.
(i) Analytical procedures.
(j) Data reduction, validation, and reporting.
(k) Internal quality control checks and frequency.
(1) Quality Assurance performance audits, system
audits, and frequency.
(m) Quality Assurance reports to management.
(n) Preventive maintenance procedures and schedules.
(o) Specific procedures to be used in routinely assessing
data precision and accuracy, representativeness,
comparability, and completeness of the specific measurement
parameters involved.
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(p) Correction action.
(End of provision)
1552.246-72 Quality Assurance (QA) Project Plan
Documentation.
As prescribed in 1546.201(c)(2), insert the following
clause in negotiated contracts when QA Project Plan
Documentation is needed. A QA project plan is a specific
delineation of an offeror's approach for accomplishing the QA
specifications in a Statement of Work. When offerors are
required to submit a project plan, a program plan may or
may not be required. When a QA project plan was not a
required part of the technical proposal, the project plan may
be required as a deliverable under the contract by use of the
following. However, the Statement of Work must contain a
specification for the form and content of the project plan
before this paragraph may be used.
QUALITY ASSURANCE (QA) PROJECT PLAN DOCUMENTATION
(APR 1984)
(a) The Contractor shall submit to the Project Officer
copies of a Draft Project Plan for Quality Assurance
within days after the effective date of the contract.
(b) The Government will review and return the Draft
Project Plan indicating approval or disapproval, and
comments, if necessary, within calendar days. In the
event the Government delays review and return of the Draft
Project Plan beyond the period specified, the Contractor
shall immediately notify the Contracting Officer in writing.
The Contractor shall deliver the Final Project Plan within
days after the effective date of the contract.
(c) The Contracting Officer will incorporate'the approved
Quality Assurance Project Plan into the contract.
(End of clause)
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PART 1553—FORMS
Sec.
1553.000 Scope of part.
Subpart 1553.2—Prescription of Forms
1553.209 Contractor qualifications.
1553.209-70 EPA Form 1900-26, Contracting Officer's
Evaluation of Contractor Performance.
1553.209-71 EPA Form 1900-27, Project Officer's
Evaluation of Contractor Performance.
1553.213 Small purchases and other simplified purchase
procedures.
1553.213-70 EPA Form 1900-8, Procurement Request/Order.
1553.216 Types of contracts.
1553.216-70 EPA Form 1900-41A, CPAF Contract Summary of
Significant Performance Observation.
1553.216-71 EPA Form 1900-41B, CPAF Contract Individual
Performance Event.
1553.232 Contract financing.
1553.232-70 EPA Form 1900-3, Assignee's Release.
1553.232-71 EPA Form 1900-4, Assignee's Assignment of
Refunds, Rebates, Credits and Other
Amounts.
1553.232-72 EPA Form 1900-5, Contractor's Assignment of
Refunds, Rebates, and Credits.
1553.232-73 EPA Form 1900-6, Contractor's Release.
1553.232-74 EPA Form 1900-10, Contractor's Cumulative
Claim and Reconciliation.
1553.232-75 EPA Form 1900-34, Guide for the Preparation
of Contractor's Claims for Reimbursement of
Costs and Fee Under Cost-Reimbursement Type
Contracts.
1553.232-76 EPA Form 1900-34A, Guide for the
Preparation of Contractor's Claims for
Reimbursement Under Cost-Plus-Award-Fee
(CPAF) Type Contracts.
AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C,
486(c).
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1553.000 Scope of part.
This Part prescribes Agency forms for use in acquisitions
and contains requirements and information generally
applicable to the forms.
SUBPART 1553.2—PRESCRIPTION OF FORMS
1553.209 Contractor qualifications.
1553.209-70 EPA Form 1900-26, Contracting Officer's
Evaluation of Contractor Performance.
As prescribed in 1509.170-4(a), EPA Form 1900-26 shall be
used by the Contracting Officer to record his/her evaluation
of Contractor performance.
1553.209-71 EPA Form 1900-27, Project Officer's Evaluation of
Con- tractor Performance.
As prescribed in 1509.170-4(a), EPA Form 1900-27 shall be
used by the Project Officer to record his/her evaluation of
Contractor performance.
1553.213 Small purchases and other simplified purchase
procedures.
1553.213-70 EPA Form 1900-8, Procurement Request/Order.
As prescribed in 1513.505-2, EPA Form 1900-8 may be used
in lieu of Optional Forms 347 and 348 for individual
purchases.
1553.216, Types of contracts.
1553.216-70 EPA Form 1900-41A, CPAF Contract Summary of
Significant Performance Observation.
As prescribed in 1516.404-278, EPA Form 1900-41A shall be
used to document significant performance observations under
CPAF contracts.
1553.216-71 EPA Form 1900-41B, CPAF Contract Individual
Performance Event.
As prescribed in 1516.404-278, EPA Form 1900-41B shall be
used to document individual performance events under CPAF
contracts.
1553.232 Contract financing.
1553.232-70 EPA Form 1900-3, Assignee's Release.
As prescribed in 1532.805-70(a), the EPA Form 1900-3 is
required to be submitted by the assignee for cost-
reimbursement contracts prior to final payment under the
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contract.
1553.232-71 EPA Form 1900-4, Assignee's Assignment of
Refunds, Rebates, Credits and Other Amounts.
As prescribed in 1532.805-70(b), the EPA Form 1900-4 must
accompany the assignee's release prior to final payment under
cost-reimbursement contracts.
1553.232-72 EPA Form 1900-5, Contractor's Assignment of
Refunds, Rebates, and Credits.
As prescribed in 1532.805-70(c), the EPA Form 1900-5 must
be prepared by the Contractor prior to final payment under
cost-reimbursement contracts and must accompany the
Contractor's release.
1553.232-73 EPA Form 1900-6, Contractor's Release.
As prescribed in 1532.805-70(d), the EPA Form 1900-6 must
be submitted by the Contractor under cost-reimbursement
contracts prior to final payment thereunder.
1553.232-74 EPA Form 1900-10, Contractor's Cumulative Claim
and Reconciliation.
As prescribed in 1532,170(a), the EPA Form 1900-10 shall
be used for an accounting of the cumulative charges and costs
for cost-reimbursement contracts from the inception.of the
contract to completion. It shall be submitted by the
Contractor along with the completion voucher.
1553.232-75 EPA Form 1900-34, Guide for the Preparation of
Contractor's Claims for Reimbursement of Costs and Fees Under
Cost-Reimbursement Type Contracts.
As prescribed in 1532.170(b), the Contracting Officer
shall insert EPA Form 1900-34 in all cost-reimbursement type
contracts awarded to Contractors unfamiliar with the Guide.
1553.232-7 6 EPA Form 1900-34A, Guide for the Preparation of
Contractor's Claims for Reimbursement Under Cost-Plus-Award-
Fee (CPAF) Type Contracts.
As prescribed in 1532.170(c), the Contracting Officer
shall insert EPA Form 1900-34A in all CPAF contracts awarded
to Contractors unfamiliar with the Guide.
210
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EPA ACQUISITION REGULATION
1901
11/30/90
APPENDIX I
ENVIRONMENTAL PROTECTION AGENCY
CLASS JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION
IN ACQUISITIONS FROM THE FEDERAL PRISON INDUSTRIES AND THE
GOVERNMENT PRINTING OFFICE
1. The Environmental Protection Agency (EPA) anticipates
the acquisition of supplies from the Federal Prison
Industries (UNICOR) and the acquisition of Government
printing and related supplies from the Government Printing
Office (GPO) to meet the needs of the Agency.
2. The Agency is authorized to make these acquisitions
from the UNICOR and GPO without full and open competition
under the authority in 41 U.S.C. 253(c)(5) as sources
required by statute, i.e., 18 U.S.C. 4124 and 44 U.S.C. 501-
504, 1121.
3. The anticipated cost of these acquisitions to the
Agency will be fair and reasonable.
4. This class justification applies to any proposed
acquisition made by the EPA from the UNICOR or GPO.
5. This class justification will remain in effect until
April 1, 1988.
6. The undersigned certifies that this class justification
is accurate and complete to the best of his knowledge and
belief.
Dated: March 13, 1985
Brian K. Polly,
Director, Procurement and Contracts
Management Division
~ U.S GOVERNMENT PRINTING OFFICE' 1990 - 281-724 '28454
A-l
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