[Title 48 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2008 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
48
Chapters 15 to 28
Revised as of October 1, 2008
Federal Acquisition Regulations System
________________________
Containing a codification of documents of general
applicability and future effect
As of October 1, 2008
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT OFFICIAL EDITION NOTICE
Legal Status and Use of Seals and Logos
The seal of the National Archives and Records Administration
(NARA) authenticates the Code of Federal Regulations (CFR) as
the official codification of Federal regulations established
under the Federal Register Act. Under the provisions of 44
U.S.C. 1507, the contents of the CFR, a special edition of the
Federal Register, shall be judicially noticed. The CFR is
prima facie evidence of the original documents published in
the Federal Register (44 U.S.C. 1510).
It is prohibited to use NARA's official seal and the stylized Code
of Federal Regulations logo on any republication of this
material without the express, written permission of the
Archivist of the United States or the Archivist's designee.
Any person using NARA's official seals and logos in a manner
inconsistent with the provisions of 36 CFR part 1200 is
subject to the penalties specified in 18 U.S.C. 506, 701, and
1017.
Use of ISBN Prefix
This is the Official U.S. Government edition of this publication
and is herein identified to certify its authenticity. Use of
the 0-16 ISBN prefix is for U.S. Government Printing Office
Official Editions only. The Superintendent of Documents of the
U.S. Government Printing Office requests that any reprinted
edition clearly be labeled as a copy of the authentic work
with a new ISBN.
U . S . G O V E R N M E N T P R I N T I N G O F F I C E
------------------------------------------------------------------
U.S. Superintendent of Documents Washington, DC
20402-0001
http://bookstore.gpo.gov
Phone: toll-free (866) 512-1800; DC area (202) 512-1800
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 48:
Chapter 15--Environmental Protection Agency 3
Chapter 16--Office of Personnel Management Federal
Employees Health Benefits Acquisition Regulation 119
Chapter 17--Office of Personnel Management 179
Chapter 18--National Aeronautics and Space
Administration 183
Chapter 19--Broadcasting Board of Governors 345
Chapter 20--Nuclear Regulatory Commission 357
Chapter 21--Office of Personnel Management, Federal
Employees Group Life Insurance Federal Acquisition
Regulation 409
Chapter 23--Social Security Administration 447
Chapter 24--Department of Housing and Urban
Development 451
Chapter 25--National Science Foundation 495
Chapter 28--Department of Justice 505
Finding Aids:
Table of CFR Titles and Chapters........................ 547
Alphabetical List of Agencies Appearing in the CFR...... 567
List of CFR Sections Affected........................... 577
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 48 CFR 1501.000
refers to title 48, part
1501, section 000.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, October 1, 2008), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call 202-741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
and parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-741-6000
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408 or e-mail
[email protected].
SALES
The Government Printing Office (GPO) processes all sales and
distribution of the CFR. For payment by credit card, call toll-free,
866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or
fax your order to 202-512-2250, 24 hours a day. For payment by check,
write to: US Government Printing Office - New Orders, P.O. Box 979050,
St. Louis, MO 63197-9000. For GPO Customer Service call 202-512-1803.
ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
Register, Public Laws, Public Papers, Weekly Compilation of Presidential
Documents and the Privacy Act Compilation are available in electronic
format at www.gpoaccess.gov/nara (``GPO Access''). For more information,
contact Electronic Information Dissemination Services, U.S. Government
Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-
mail, [email protected].
The Office of the Federal Register also offers a free service on the
National Archives and Records Administration's (NARA) World Wide Web
site for public law numbers, Federal Register finding aids, and related
information. Connect to NARA's web site at www.archives.gov/federal-
register. The NARA site also contains links to GPO Access.
Raymond A. Mosley,
Director,
Office of the Federal Register.
October 1, 2008.
[[Page ix]]
THIS TITLE
Title 48--Federal Acquisition Regulations System is composed of
eight volumes. The chapters in these volumes are arranged as follows:
Chapter 1 (parts 1 to 51), chapter 1 (parts 52 to 99), chapter 2 (parts
201 to 299), chapters 3 to 6, chapters 7 to 14, chapters 15 to 28 and
chapter 29 to end. The contents of these volumes represent all current
regulations codified under this title of the CFR as of October 1, 2008.
The Federal acquisition regulations in chapter 1 are those
government-wide acquisition regulations jointly issued by the General
Services Administration, the Department of Defense, and the National
Aeronautics and Space Administration. Chapters 2 through 99 are
acquisition regulations issued by individual government agencies. Parts
1 to 69 in each of chapters 2 through 99 are reserved for agency
regulations implementing the Federal acquisition regulations in chapter
1 and are numerically keyed to them. Parts 70 to 99 in chapters 2
through 99 contain agency regulations supplementing the Federal
acquisition regulations.
The OMB control numbers for the Federal Acquisition Regulations
System appear in section 1.106 of chapter 1. For the convenience of the
user section 1.106 is reprinted in the Finding Aids section of the
second volume containing chapter 1 (parts 52 to 99).
The first volume, containing chapter 1 (parts 1 to 51), includes an
index to the Federal acquisition regulations.
For this volume, Rob Sheehan was Chief Editor. The Code of Federal
Regulations publication program is under the direction of Michael L.
White, assisted by Ann Worley.
[[Page 1]]
TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
(This book contains chapters 15 to 28)
--------------------------------------------------------------------
Part
chapter 15--Environmental Protection Agency................. 1501
chapter 16--Office of Personnel Management Federal Employees
Health Benefits Acquisition Regulation.................... 1601
chapter 17--Office of Personnel Management.................. 1733
chapter 18--National Aeronautics and Space Administration... 1801
chapter 19--United States Information Agency................ 1901
chapter 20--Nuclear Regulatory Commission................... 2001
chapter 21--Office of Personnel Management, Federal
Employees Group Life Insurance Federal Acquisition
Regulation................................................ 2101
chapter 23--Social Security Administration.................. 2301
chapter 24--Department of Housing and Urban Development..... 2401
chapter 25--National Science Foundation..................... 2501
chapter 28--Department of Justice........................... 2801
[[Page 3]]
CHAPTER 15--ENVIRONMENTAL PROTECTION AGENCY
(Parts 1500 to 1599)
--------------------------------------------------------------------
Editorial Note: Nomenclature changes to chapter 15 appear at 65 FR
47325, Aug. 2, 2000.
SUBCHAPTER A--GENERAL
Part Page
1501 General..................................... 5
1502 Definition of words and terms............... 8
1503 Improper business practices and personal
conflicts of interest................... 8
1504 Administrative matters...................... 11
SUBCHAPTER B--ACQUISITION PLANNING
1505 Publicizing contract actions................ 12
1506 Competition requirements.................... 12
1508 Required sources of supply.................. 13
1509 Debarment, suspension, and ineligibility.... 14
1511 Describing agency needs..................... 21
SUBCHAPTER C--CONTRACTING METHODS AND CONTRACT TYPES
1513 Simplified acquisition procedures........... 23
1514 Sealed bidding.............................. 23
1515 Contracting by negotiation.................. 24
1516 Types of contracts.......................... 31
1517 Special contracting methods................. 39
SUBCHAPTER D--SOCIOECONOMIC PROGRAMS
1519 Small business programs..................... 40
1520 Labor surplus area concerns................. 43
1522 Application of labor laws to government
acquisitions............................ 43
1523 Environmental, conservation, occupational
safety, and drug-free workplace......... 44
1524 Protection of privacy and freedom of
information............................. 46
[[Page 4]]
1525 Foreign acquisition......................... 47
SUBCHAPTER E--GENERAL CONTRACTING REQUIREMENTS
1527 Patents, data, and copyrights............... 48
1528 Insurance................................... 48
1529 Taxes....................................... 48
1530 Cost accounting standards................... 49
1531 Contract cost principles and procedures..... 49
1532 Contract financing.......................... 49
1533 Protests, disputes and appeals.............. 51
SUBCHAPTER F--SPECIAL CATEGORIES OF CONTRACTING
1535 Research and development contracting........ 52
1536 Construction and architect-engineer
contracts............................... 53
1537 Service contracting......................... 54
SUBCHAPTER G--CONTRACT MANAGEMENT
1542 Contract administration..................... 56
1545 Government property......................... 57
1546 Quality assurance........................... 58
1548 Value engineering [Reserved]
SUBCHAPTER H--CLAUSES AND FORMS
1552 Solicitation provisions and contract clauses 59
1553 Forms....................................... 115
Appendix I to Chapter 15--Environmental
Protection Agency; Class Justification
for Other Than Full and Open Competition
in Acquisitions From the Federal Prison
Industries and the Government Printing
Office.................................. 117
[[Page 5]]
SUBCHAPTER A_GENERAL
PART 1501_GENERAL
Sec.
Sec. 1501.000 Scope of part.
Subpart 1501.1_Purpose, Authority, Issuance
Sec. 1501.101 Purpose.
Sec. 1501.104 Applicability.
Sec. 1501.105 Issuance.
Sec. 1501.105-1 Publication and code arrangement.
Sec. 1501.105-2 Arrangement of regulations.
Sec. 1501.105-3 Copies.
Subpart 1501.3_Agency Acquisition Regulations
Sec. 1501.301 Policy.
Sec. 1501.370 OMB approvals under the Paperwork Reduction Act.
Subpart 1501.4_Deviations
Sec. 1501.401 Definition.
Sec. 1501.403 Individual deviations.
Sec. 1501.404 Class deviations
Subpart 1501.6_Contracting Authority and Responsibilities
Sec. 1501.602-3 Ratification of unauthorized commitments.
Sec. 1501.603 Selection, appointment, and termination of appointment.
Sec. 1501.603-1 General.
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40
U.S.C. 486(c); and 41 U.S.C. 418b.
Source: 49 FR 8835, Mar. 8, 1984, unless otherwise noted.
Sec. 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
Sec. 1501.101 Purpose.
This subpart establishes Chapter 15, the Environmental Protection
Agency Acquisition Regulation (EPAAR), within Title 48, the Federal
Acquisition Regulations System.
[60 FR 38505, July 27, 1995]
Sec. 1501.104 Applicability.
The FAR (48 CFR chapter 1) and the EPAAR (48 CFR chapter 15) apply
to all EPA acquisitions as defined in part 2 of the FAR, except where
expressly excluded.
[62 FR 33572, June 20, 1997]
Sec. 1501.105 Issuance.
Sec. 1501.105-1 Publication and code arrangement.
The EPAAR will be published in: (a) The Federal Register, (b)
cumulated form in the Code of Federal Regulations (CFR), and (c) a
separate loose-leaf form in a distinctive light blue color.
[49 FR 8835, Mar. 8, 1984. Redesignated at 62 FR 33572, June 20, 1997]
Sec. 1501.105-2 Arrangement of regulations.
(a) References and citations. This regulation may be referred to as
the Environmental Protection Agency Acquisition Regulation or the EPAAR.
References to EPAAR materials shall be made in a manner similar to that
prescribed by FAR 1.105-2(c).
[49 FR 8835, Mar. 8, 1984. Redesignated and amended at 62 FR 33572, June
20, 1997]
Sec. 1501.105-3 Copies.
Copies of the EPAAR in Federal Register and CFR form may be
purchased from the Superintendent of Documents, Government Printing
Office (GPO), Washington, DC 20402. Copies of loose-leaf EPAAR are
distributed within EPA and may be obtained from
[[Page 6]]
the EPA Facilities and Support Services Division.
[49 FR 8835, Mar. 8, 1984. Redesignated at 62 FR 33572, June 20, 1997]
Subpart 1501.3_Agency Acquisition Regulations
Sec. 1501.301 Policy.
The EPAAR is prescribed by the Director, Office of Acquisition
Management.
[49 FR 8835, Mar. 8, 1984, as amended at 59 FR 18976, Apr. 21, 1994]
Sec. 1501.370 OMB approvals under the Paperwork Reduction Act.
The information collection activities contained in the EPAAR
sections listed below have been approved by the Office of Management and
Budget (OMB) and have been issued OMB numbers in accordance with section
3504(h) of the Paperwork Reduction Act of 1980, 44 U.S.C. 3501, et seq.
------------------------------------------------------------------------
OMB control
48 CFR citation No.
------------------------------------------------------------------------
Specification, Standards and other Purchase Descriptions
1510.011-70 through 1510.011-72............................ 2030-0005
1510.011-80 through 1510.011-81............................ 2030-0023
Contract delivery or performance 1512.104.................. 2030-0023
Small Purchase and Other Simplified Purchase Procedures
1513.505 through 1513.570.................................. 2030-0007
Contract Financing
1532.170(a)................................................ 2030-0016
Solicitation Provisions and Contract Clauses
1552.209-71................................................ 2030-0023
1552.209-73 through 1552.209-74............................ 2030-0023
1552.210-72................................................ 2030-0005
1552.210-80................................................ 2030-0023
1552.212-71................................................ 2030-0023
1552.215-72 through 1552.215-76............................ 2030-0006
1552.227-76................................................ 2030-0023
------------------------------------------------------------------------
[59 FR 18619, Apr. 19, 1994, as amended at 59 FR 32134, June 22, 1994;
61 FR 29316, June 10, 1996]
Subpart 1501.4_Deviations
Sec. 1501.401 Definition.
A deviation to the EPAAR is defined in the same manner as a
deviation to the FAR (see FAR 1.401).
[49 FR 8835, Mar. 9, 1984; 49 FR 24734, June 15, 1984]
Sec. 1501.403 Individual deviations.
Requests for individual deviations from the FAR and the EPAAR shall
be submitted to the Head of the Contracting Activity (HCA) for approval.
Requests submitted shall cite the specific part of the FAR or EPAAR from
which it is desired to deviate, shall set forth the nature of the
deviation(s), and shall give the reasons for the action requested.
[65 FR 37291, June 14, 2000]
Sec. 1501.404 Class deviations.
Requests for class deviations to the FAR and the EPAAR shall be
submitted to the HCA for processing in accordance with FAR 1.404 and
this section. Requests shall include the same type of information
prescribed in 1501.403 for individual deviations.
[67 FR 5072, Feb. 4, 2002]
Subpart 1501.6_Contracting Authority and Responsibilities
Sec. 1501.602-3 Ratification of unauthorized commitments.
(a) Applicability. The provisions of this section apply to all
unauthorized commitments, whether oral or written and without regard to
dollar value. Examples of unauthorized commitments are;
(1) Ordering supplies or services by an individual without
contracting authority;
(2) Unauthorized direction of work through assignment of orders or
tasks;
(3) Unauthorized addition of new work;
(4) Unauthorized direction of contractors to subcontract with
particular firms; or
(5) Any other unauthorized direction which changed the terms and
conditions of the contract.
(b)(1) Ratification Approval. The Chief of the Contracting Office
(CCO) is delegated authority to be the ratifying official. In order to
act as the ratifying official, a CCO must have delegated contracting
officer authority. A CCO cannot approve a ratification if he/she acted
as a contracting officer in preparing the determination and findings
[[Page 7]]
required under paragraph (c)(3) of this section.
(2) The CCOs defined in 1502.100 for purposes of ratification
authority only must meet the following criteria:
(i) Must possess a contracting officer's warrant and be in the 1102
job series;
(ii) Are prohibited from re-delegating their ratification authority;
(iii) Must submit copies of ratification actions to the cognizant
Office of Acquisition Management Division Director at Headquarters; and
(iv) As with other ratifying officials, must abide by the other
limitations on ratification of unauthorized commitments set forth in FAR
1.602-3(c) and the EPAAR.
(c) Procedures. (1) The program office shall notify the cognizant
contracting office by memorandum of the circumstances surrounding an
unauthorized commitment. The notification shall include:
(i) All relevant documents and records;
(ii) Documentation of the necessity for the work and benefit derived
by the Government;
(iii) A statement of the delivery status of the supplies or services
associated with the unauthorized commitment;
(iv) A list of the procurement sources solicited (if any) and the
rationale for the source selected;
(v) If only one source was solicited, a justification for other than
full and open competition (JOFOC) as required by FAR 6.302, FAR 6.303,
and 1506.303, or for simplified acquisition procedures exceeding the
competition threshold in FAR 13.106, a sole source justification as
required by 1513.170;
(vi) A statement of steps taken or proposed to prevent reoccurrence
of any unauthorized commitment.
(2) The Division Director (or equivalent) of the responsible office
shall approve the memorandum. If expenditure of funds is involved, the
program office shall include a Procurement Request/Order, EPA Form 1900-
8, with funding sufficient to cover the action. The appropriation data
cited on the 1900-8 shall be valid for the period in which the
unauthorized commitment was made.
(3) Upon receiving the notification, the Contracting Officer shall
prepare a determination and findings regarding ratification of the
unauthorized commitment for the ratifying official. The determination
and findings shall include sufficient detail to support the recommended
action. If ratification of the unauthorized commitment is recommended,
the determination and findings shall include a determination that the
price is fair and reasonable. To document the determination, additional
information may be required from the Contractor. Concurrence by the
Office of General Counsel is not mandatory, but shall be sought in
difficult or unusual cases.
(4) The ratifying official may inform the Inspector General (IG) of
the action by memorandum through the Head of the Contracting Activity
(HCA). For ratification actions exceeding the small purchase limitation,
the ratifying official shall submit a memorandum to the Assistant
Administrator for Administration and Resources Management through the
HCA for transmittal to the Assistant, Associate, or Regional
Administrator (or equivalent level) of the person responsible for the
unauthorized commitment. This memorandum should contain a brief
description of the circumstances surrounding the unauthorized
commitment, recommend corrective action, and include a copy of any
memorandum sent to the IG. Submission of a memorandum to the appropriate
Assistant, Associate, or Regional Administrator for unauthorized
commitments at or below the small purchase limitation is optional and
may be accomplished at the discretion of the ratifying official.
(d) Paid Advertisements. (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
policies and procedures.
(2) The paying office shall forward invoice claims received in its
office for improper paid advertisements to the
[[Page 8]]
cognizant ratifying official for a determination regarding ratification
of the action.
(3) If the ratifying official determines that an unauthorized
commitment cannot be ratified by the Agency, the ratifying official
shall instruct the submitter to present its claim to the General
Accounting Office in accordance with the instructions contained in 4 CFR
part 31, Claims Against the United States, General Procedures.
(e) Payment of Properly Ratified Claims. After the unauthorized
commitment is ratified, the Contractor must submit an invoice (or
resubmit an invoice if one was previously submitted) citing the
appropriate contract or purchase order number.
[55 FR 18340, May 2, 1990, as amended at 59 FR 18976, Apr. 21, 1994; 60
FR 38505, July 27, 1995; 61 FR 57337, Nov. 6, 1996; 62 FR 33572, June
20, 1997; 65 FR 37291, June 14, 2000; 65 FR 80792, Dec. 22, 2000; 67 FR
5072, Feb. 4, 2002]
Sec. 1501.603 Selection, appointment, and termination of
appointment.
Sec. 1501.603-1 General.
EPA Contracting Officers shall be selected and appointed and their
appointments terminated in accordance with the Contracting Officer
warrant program specified in chapter 8 of the EPA ``Contracts Management
Manual.''
PART 1502_DEFINITION OF WORDS AND TERMS
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40
U.S.C. 486(c); and 41 U.S.C. 418b.
Subpart 1502.1_Definitions
Sec. 1502.100 Definitions.
Chief of the Contracting Office (CCO) means the Office of
Acquisition Management Division Directors at Headquarters, Research
Triangle Park and Cincinnati. For purposes of ratification authority
only, CCO is also defined as Regional Contracting Officer Supervisors
and Office of Acquisition Management Service Center Managers. (See
1501.602-3(b)(2) for the criteria for this ratification authority).
Head of the Contracting Activity (HCA) means the Director, Office of
Acquisition Management.
Senior Procurement Executive (SPE) means the Director, Office of
Acquisition Management.
[67 FR 5072, Feb. 4, 2002]
PART 1503_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
Sec.
Sec. 1503.000 Scope of part.
Subpart 1503.1_Safeguards
Sec. 1503.101-370 Personal conflicts of interest.
Sec. 1503.104-5 Disclosure, protection, and marking of contractor bid or
proposal information and source selection information.
Subpart 1503.2--Contractor Gratuities to Government Personnel [Reserved]
Subpart 1503.3--Reports of Suspected Antitrust Violations [Reserved]
Subpart 1503.4_Contingent Fees
Sec. 1503.408 Evaluation of the SF 119.
Subpart 1503.5_Contractor Responsibility To Avoid Improper Business
Practices
Sec. 1503.500-70 Policy.
Sec. 1503.500-71 Procedures.
Sec. 1503.500-72 Contract clause.
Subpart 1503.6_Contracts With Government Employees or Organizations
Owned or Controlled by Them
Sec. 1503.600-70 Scope of subpart.
Sec. 1503.600-71 Definitions.
Sec. 1503.601 Policy.
Sec. 1503.602 Exceptions.
Sec. 1503.670 Solicitation disclosure provision.
Subpart 1503.9_Whistle Blower Protections for Contractor Employees
Sec. 1503.905 Procedures for investigating complaints.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 49 FR 8837, Mar. 8, 1984, unless otherwise noted.
Sec. 1503.000 Scope of part.
This part implements FAR part 3, cites EPA regulations on employee
responsibilities and conduct, establishes
[[Page 9]]
responsibility for reporting violations and related actions, and
provides for authorization of exceptions to policy.
Subpart 1503.1_Safeguards
Source: 64 FR 47410, Aug. 31, 1999, unless otherwise noted.
Sec. 1503.101-370 Personal conflicts of interest.
(a) Each EPA employee (including special employees) engaged in
source evaluation and selection is required to be familiar with the
provisions of 40 CFR part 3 regarding personal conflicts of interest.
The employee shall inform the Source Selection Authority (SSA) in
writing if his/her participation in the source evaluation and selection
process could be interpreted as a possible or apparent conflict of
interest. The SSA will consult with appropriate Agency officials prior
to the SSA's determination. The SSA shall relieve any EPA employee who
has a conflict of interest of further duties in connection with the
evaluation and selection process.
(b) Each EPA employee (including special employees, as defined by
1503.600-71(b)) involved in source evaluation and selection is required
to comply with the Office of Government Ethics ethics provisions at 5
CFR part 2635.
Sec. 1503.104-5 Disclosure, protection, and marking of contractor
bid or proposal information and source selection information.
(a)(1) The Chief of the Contracting Office (CCO) is the designated
official to make the decision whether support contractors are used in
proposal evaluation (as authorized at FAR 15.305(c) and as restricted at
FAR 37.203(d)).
(2) The following written certification and agreement shall be
obtained from the non-Government evaluator prior to the release of any
proposal to that evaluator:
``Certification on the Use and Disclosure of 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 evaluation team assembled for this
acquisition or individuals designated by the contracting officer.
3. I agree to return to the Government all copies of proposals, as
well as any abstracts, upon completion of the evaluation.
________________________________________________________________________
Name and Organization)
________________________________________________________________________
(Date of Execution)
(End of certificate)
(b) Information contained in proposals will be protected and
disclosed to the extent permitted by law, and in accordance with FAR
3.104-5, 15.207, and Agency procedures at 40 CFR part 2.
Subpart 1503.2--Contractor Gratuities to Government Personnel
[Reserved]
Subpart 1503.3--Reports of Suspected Antitrust Violations [Reserved]
Subpart 1503.4_Contingent Fees
Sec. 1503.408 Evaluation of the SF 119.
Subpart 1503.5_Contractor Responsibility To Avoid Improper Business
Practices
Source: 65 FR 57103, Sept. 21, 2000, unless otherwise noted.
Sec. 1503.500-70 Policy.
Government contractors must conduct themselves with the highest
degree of integrity and honesty. Contractors should have standards of
conduct and internal control systems that:
(a) Are suitable to the size of the company and the extent of their
involvement in Government contracting.
(b) Promote such standards.
[[Page 10]]
(c) Facilitate timely discovery and disclosure of improper conduct
in connection with Government contracts, and
(d) Ensure corrective measures are promptly instituted and carried
out.
Sec. 1503.500-71 Procedures.
(a) A contractor's system of management controls should provide for:
(1) A written code of business ethics and conduct and an ethics
training program for all employees;
(2) Periodic reviews of company business practices, procedures,
policies and internal controls for compliance with standards of conduct
and the special requirements of Government contracting;
(3) A mechanism, such as a hotline, by which employees may support
suspected instances of improper conduct, and instructions that encourage
employees to make such reports;
(4) Internal and/or external audits, as appropriate.
(5) Disciplinary action for improper conduct;
(6) Timely reporting to appropriate Government officials of any
suspected or possible violation of law in connection with Government
contracts or any other irregularities in connection with such contracts;
and
(7) Full cooperation with any Government agencies responsible for
either investigation or corrective actions.
(b) Contractors who are awarded an EPA contract of $1 million or
more must display EPA Office of Inspector General Hotline Posters unless
the contractor has established an internal reporting mechanism and
program, as described in paragraph (a) of this section.
Sec. 1503.500-72 Contract clause.
As required by EPAAR 1503.500-71(b), the contracting officer shall
insert the clause at 1552.203-71, Display of EPA Office of Inspector
General Hotline Poster, in all contracts valued at $1,000,000 or more,
including all contract options.
Subpart 1503.6_Contracts with Government Employees or Organizations
Owned or Controlled by Them
Sec. 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.
Sec. 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 that 130 days during any period of 365 consecutive
days and who actually served more than 60 days during such 365-day
period.
Sec. 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
[[Page 11]]
within 365 calendar days before submission of a proposal to EPA, if
either of the following conditions exits:
(1) The current or former EPA regular or special employee is or was
involved in development 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.
Sec. 1503.602 Exceptions.
The Assistant Administrator for Administration and Resources
Management may authorize an exception, in writing, to the policy in FAR
3.601 and 1503.601 for the reasons stated in FAR 3.602, if 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.
[60 FR 38505, July 27, 1995]
Sec. 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.
[50 FR 14357, Apr. 11, 1985]
Subpart 1503.9_Whistle Blower Protections for Contractor Employees
Sec. 1503.905 Procedures for investigating complaints.
The Assistant Administrator for Administration and Resources
Management is designated as the recipient of the written report of
findings by the Inspector General. The Assistant Administrator shall
ensure that the report of findings is disseminated in accordance with
FAR 3.905(c).
[61 FR 57337, Nov. 6, 1996]
PART 1504_ADMINISTRATIVE MATTERS
Subpart 1504.6_Contract Reporting
Sec.
Sec. 1504.670 [Reserved]
Subpart 1504.8_Contract Files
Sec. 1504.804 Closeout of contract files.
Sec. 1504.804-5 Detailed procedures for closing out contract files.
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40
U.S.C. 486(c); 41 U.S.C. 418b.
Source: 49 FR 28246, July 11, 1984, unless otherwise noted.
Subpart 1504.6_Contract Reporting
Sec. 1504.670 [Reserved]
Subpart 1504.8_Contract Files
Sec. 1504.804 Closeout of contract files.
Sec. 1504.804-5 Detailed procedures for closing out contract files.
In addition to those procedures set forth in FAR 4.804-5, the
contracting office shall, before final payment is made under a cost
reimbursement type contract, verify the allowability, allocability, and
reasonableness of costs claimed. Verification of total costs incurred
should be obtained from the Office of Audit through the cost advisory
group at the contracting office in the form of a final audit report.
Similar verification of actual costs shall be made for other contracts
when cost incentives, price redeterminations, or cost-reimbursement
elements are involved. Termination settlement proposals shall be
submitted to the cost advisory group at the contracting office for
review by the Office of Audit as prescribed by FAR 49.107. All such
audits will be coordinated through the cost advisory group in the
contracting office. Exceptions to these procedures are the quick close-
out procedures as described in FAR 42.708 and Unit 2 of the EPA
Acquisition Handbook.
[49 FR 28246, July 11, 1984, as amended at 63 FR 46899, Sept. 3, 1998]
[[Page 12]]
SUBCHAPTER B_ACQUISITION PLANNING
PART 1505_PUBLICIZING CONTRACT ACTIONS
Sec.
Sec. 1505.000 Scope of part.
Subpart 1505.2_Synopses of Proposed Contract Actions
Sec. 1505.202 Exceptions.
Sec. 1505.203 Publicizing and response time.
Sec. 1505.271 [Reserved]
Subpart 1505.5--Paid Advertisement [Reserved]
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 49 FR 8838, Mar. 8, 1984, unless otherwise noted.
Sec. 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.
[50 FR 14357, Apr. 11, 1985]
Subpart 1505.2_Synopses of Proposed Contract Actions
Sec. 1505.202 Exceptions.
The Contracting Officer need not submit the notice required by FAR
5.201 when the Contracting Officer determines in writing that the
contract is for the services of experts for use in preparing or
prosecuting a civil or criminal action under the Superfund Amendments
and Reauthorization Act of 1986.
[60 FR 38505, July 27, 1995]
Sec. 1505.203 Publicizing and response time.
(a) The Contracting Officer may, at his/her discretion under certain
circumstances, elect to transmit a synopsis to the Commerce Business
Daily (CBD) of a proposed contract action that falls within an exception
to the synopsis requirement in FAR 5.202(a). For those contract actions,
the Contracting Officer may provide for a lesser time period than the 15
days required by FAR 5.203(a) and the 30 days required by FAR 5.203 (c)
or (d), and the 45 days required by FAR 5.203(e). The Contracting
Officer must identify the basis for the lesser time periods for response
in the synopsis.
(b) The authority for paragraph (a) does not extend to the synopsis
of contract actions falling within the exception in FAR 5.202(a)(7), if
to do so would disclose the originality of thought or innovativeness of
the proposed research.
[50 FR 14357, Apr. 11, 1985, as amended at 62 FR 33572, June 20, 1997]
Sec. 1505.271 [Reserved]
Subpart 1505.5--Paid Advertisement [Reserved]
PART 1506_COMPETITION REQUIREMENTS
Sec.
Sec. 1506.000 Scope of part.
Subpart 1506.2--Full and Open Competition After Exclusion of Sources
[Reserved]
Subpart 1506.3_Other Than Full and Open Competition
Sec. 1506.302-5 Authorized or required by statute.
Sec. 1506.303-2 Content.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 50 FR 14357, Apr. 11, 1985, unless otherwise noted.
Sec. 1506.000 Scope of part.
This part implements FAR part 6. It prescribes the Environmental
Protection Agency policies and procedures in
[[Page 13]]
obtaining full and open competition in the acquisition process.
Subpart 1506.2--Full and Open Competition After Exclusion of Sources
[Reserved]
Subpart 1506.3_Other Than Full and Open Competition
Sec. 1506.302-5 Authorized or required by statute.
(a) Authority. Section 109(e) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) is cited as authority.
(b) Application. (1) The contracting officer may use other than full
and open competition to acquire the services of experts for use in
preparing or prosecuting a civil or criminal action under SARA whether
or not the expert is expected to testify at trial. The contracting
officer need not prepare the written justification under FAR 6.303 when
acquiring expert services under the authority of section 109(e) of SARA.
The contracting officer shall document the official contract file when
using this authority.
(2) The contracting officer shall give notice to the Agency's
Competition Advocate whenever a contract award is made using other than
full and open competitition under this authority. The notice shall
contain a copy of the contract and the summary of negotiations.
[53 FR 31872, Aug. 22, 1988]
Sec. 1506.303-2 Content.
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.
(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).
[50 FR 14357, Apr. 11, 1985; 50 FR 15425, Apr. 18, 1985]
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
Sec. 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.
[49 FR 8838, Mar. 8, 1984]
[[Page 14]]
PART 1509_CONTRACTOR QUALIFICATIONS
Sec.
Sec. 1509.000 Scope of part.
Subpart 1509.1_Responsible Prospective Contractors
Sec. 1509.105 Procedures.
Subpart 1509.170_Contractor Performance Evaluations
Sec. 1509.170-1 Scope of subpart.
Sec. 1509.170-2 Purpose.
Sec. 1509.170-3 Applicability.
Sec. 1509.170-4 Definitions.
Sec. 1509.170-5 Policy.
Sec. 1509.170-6 Filing of forms.
Sec. 1509.170-7 Release of ratings.
Sec. 1509.170-8 Contractor Performance Report.
Subpart 1509.4_Debarment, Suspension and Ineligibility
Sec. 1509.403 Definitions.
Sec. 1509.406 Debarment.
Sec. 1509.406-3 Procedures.
Sec. 1509.407 Suspension.
Sec. 1509.407-3 Procedures.
Subpart 1509.5_Organizational Conflicts of Interest
Sec. 1509.500 Scope of subpart.
Sec. 1509.502 Applicability.
Sec. 1509.503 Waiver.
Sec. 1509.505-4 Obtaining access to proprietary information.
Sec. 1509.505-70 Information sources.
Sec. 1509.507-1 Solicitation provisions.
Sec. 1509.507-2 Contract clause.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 49 FR 8839, Mar. 8, 1984, unless otherwise noted.
Sec. 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
Sec. 1509.105 Procedures.
Subpart 1509.170_Contractor Performance Evaluations
Sec. 1509.170-1 Scope of subpart.
This subpart establishes EPA policy and procedures for evaluation of
contractor performance. Contracting officers shall insert the contract
clause at 1552.209-76 in all solicitations and contracts with an
estimated dollar value in excess of $100,000. For acquisitions involving
options, the total estimated value of the acquisition shall include the
estimated base amount plus the option(s) amount(s).
[49 FR 8839, Mar. 8, 1984, as amended at 64 FR 20202, Apr. 26, 1999]
Sec. 1509.170-2 Purpose.
This subpart provides guidance to program and contracting personnel
regarding the evaluation of contractor performance. It establishes a
uniform method for determining and recording the effectiveness of
contractors in meeting contractual obligations. Additionally, this
subpart details a systematic approach for identifying and maintaining
records of contractors' performance histories.
[64 FR 20203, Apr. 26, 1999]
Sec. 1509.170-3 Applicability.
(a) This subpart applies to all EPA acquisitions in excess of
$100,000, except for architect-engineer acquisitions, acquisitions
awarded under the Federal Acquisition Regulation (FAR) Subpart 8.6,
Acquisitions from Federal Prison Industries, Incorporated, FAR Subpart
8.7, Acquisitions from Nonprofit Agencies Employing People Who Are Blind
or Severely Disabled, and FAR 13.5, Test Program for Certain Commercial
Items. FAR 36.604 provides detailed instructions for architect-engineer
contractor performance evaluations.
(b) The acquisition of commercial items in accordance with FAR
13.106 is not applicable to this subpart because simplified acquisition
procedures do not require the creation or existence of
[[Page 15]]
a formal database for past performance evaluations. In cases where
simplified acquisition procedures are not used to acquire commercial
items (see FAR 12.203), this subpart is applicable to acquiring
commercial items in excess of $100,000.
(c) EPA Form 1900-26, Contracting Officer's Evaluation of Contractor
Performance, and EPA Form 1900-27, Project Officer's Evaluation of
Contractor Performance, applies to all performance evaluations completed
prior to May 26, 1999. Thereafter, EPA Forms 1900-26 and 1900-27 are
obsolete, and contracting officers shall complete all contractor
performance evaluations by use of the National Institutes of Health's
Contractor Performance System in accordance with EPAAR paragraph (a) of
this section.
(d) Construction acquisitions shall be completed by use of the NIH
construction module. Performance evaluations for construction
acquisitions shall be completed in accordance with EPAAR 1509.170-5.
[64 FR 20203, Apr. 26, 1999, as amended at 67 FR 66344, Oct. 31, 2002]
Sec. 1509.170-4 Definitions.
(a) Contractor Performance Report is an evaluation of a contractor's
performance for a specified period of time.
(b) Interim Report refers to a Contractor Performance Report that
covers each 12 month period after the effective date of contract.
(c) Final Report refers to a Contractor Performance Report that
covers the last 12 months (or less) of contract performance.
(d) Ratings refer to the numerical scores for each performance
category. Ratings are defined as follows: 0 = unsatisfactory, 1 = poor,
2 = fair, 3 = good, 4 = excellent, and 5 = outstanding.
(e) Summary ratings refer to the ratings determined by one level
above the contracting officer regarding disagreements between the
contractor and the contracting officer. Summary ratings reflect the
Agency's ultimate conclusion for the performance period being evaluated.
(f) Performance Categories refer to the measures used to evaluate a
contractor's performance. Performance categories include quality, cost
control, timeliness of performance, business relations, compliance with
labor standards, compliance with safety standards, and meeting Small
Disadvantaged Business subcontracting requirements.
[64 FR 20203, Apr. 26, 1999, as amended at 64 FR 41043, July 29, 1999;
67 FR 66344, Oct. 31, 2002]
Sec. 1509.170-5 Policy.
(a) Contracting officers are responsible for the timely completion
of contractors' performance evaluations. The National Institutes of
Health Contractor Performance System shall be used to record individual
contractor performance histories on EPA contracts and to obtain
contractor past performance information for use in EPA's source
selection process.
(b) For service type acquisitions, contracting officers shall use
the National Institutes of Health (NIH) Contractor Performance System to
record evaluations for all contract performance periods expiring after
May 26, 1999. For construction type acquisitions, contracting officers
shall use the NIH system to record evaluations for all contract
performance periods expiring after December 2, 2002.
(c) Contractor evaluation information shall be recorded in
Contractor Performance Reports (Report) which are generated by the
National Institutes of Health system. Reports shall cover individual
contractor evaluations at the contract level, which includes all work
assignments, task orders, or delivery orders associated with the 12
month period being evaluated (interim Report) or the last 12 months (or
less) of contract performance (final Report).
(d) The contracting officer must complete interim Reports covering
each 12 month period after the effective date of contract for all
contracts in excess of $100,000, except those acquisitions identified in
1509.170-3, Applicability. In addition to interim Reports, the
contracting officer must complete a final Report which covers the last
12 months (or less) of contract performance.
(e) The contracting officer shall initiate the process for
completing interim Reports within five (5) business days after the end
of each 12 months of contract performance. The contracting
[[Page 16]]
officer shall initiate the process for completing a final Report within
five (5) business days after the end of the last 12 months (or less) of
contract performance. Final Reports must be completed prior to contract
closeout.
(f) The contracting officer must complete interim and final Reports,
including the project officer's evaluation of contractor performance,
receipt of any contractor input, and resolution of summary ratings (if
any) within 90 business days from the date the contracting officer
initiates the evaluation.
(g) Reports shall be used to inform other agencies and departments
(upon request) about a contractor's performance on an EPA contract, and
to assist the contracting officer and the Technical Evaluation Panel
with evaluating past performance for future EPA acquisitions.
(h) When evaluating proposals, contracting officers shall use the
National Institutes of Health system to access Reports from other
agencies or departments that are available in the National Institutes of
Health database. Contracting Officers may need to access past
performance information from other than the National Institutes of
Health system if the National Institutes of Health system does not
include applicable information.
(i) In accordance with FAR 42.1503(b), the ultimate conclusion on
the performance evaluation is the decision of the Agency. The
contracting officer must ensure the accuracy of ratings for each
performance category by verifying that information in the contract file
corresponds with the project officer's designated ratings. A
contractor's performance evaluation should closely parallel award fee
determinations made under the contract.
(j) In cases of novations involving successors-in-interest, a final
evaluation of the predecessor contractor must be completed within five
(5) business days after the end of the predecessor contractor's
performance, and an interim evaluation of the successor contractor must
be completed within five (5) business days after the end of each 12
months of contract performance after the successor began performing. In
cases of change-of-name agreements, the system shall be changed to
reflect the new contractor's name.
(k) Contracting officers must inform the Office of Debarment and
Suspension of any repetitive unsatisfactory or poor (a score of 0 or 1)
ratings encountered by the contractor.
[64 FR 20203, Apr. 26, 1999, as amended at 64 FR 41043, July 29, 1999;
67 FR 66344, Oct. 31, 2002]
Sec. 1509.170-6 Filing of forms.
The original copy of completed Contractor Performance Reports
(interim and final) shall be filed in each individual contractor's
official contract file. The National Institutes of Health Contractor
Performance System will retain all reports for three (3) years after
contract completion.
[64 FR 20204, Apr. 26, 1999]
Sec. 1509.170-7 Release of ratings.
(a) Agencies and departments who subscribe to the National
Institutes of Health's Contractor Performance System will have direct
access to all Reports, including those of EPA, in the National
Institutes of Health's database. Information on EPA contractors'
performance ratings may also be obtained by contacting the EPA
contracting officer responsible for the evaluation.
(b) Contractors' performance ratings may be released to other
Federal, State, and local Governments upon written request. The release
to other Federal, State, and local Governments must stipulate that the
information provided shall not be released outside of the requesting
Government agency. In cases where the Federal agency is part of the
National Institutes of Health Contract Performance System, a written
request is not applicable.
(c) Freedom of Information Act requests shall be processed by the
EPA Freedom of Information Act office where the contract is located.
Requests for past performance evaluations during the period the
information may be used to provide source selection information shall be
rejected if the requests are made by other than the Government personnel
and the contractor whose performance is being evaluated.
[64 FR 20204, Apr. 26, 1999]
[[Page 17]]
Sec. 1509.170-8 Contractor Performance Report.
(a) Contractor Performance Reports (interim and final) must be
prepared electronically by use of the National Institutes of Health's
Contractor Performance System. Hard copy preparation of Reports shall
not be used unless specifically instructed by the National Institutes of
Health. The National Institutes of Health will provide EPA's Office of
Acquisition Management Internal Oversight Service Center with specific
instructions if hard copy use becomes necessary.
(b) The performance categories and ratings used in the evaluation of
contractor performance are described in the clause at 1552.209-76. The
NIH system provides instructions to assist contracting officers and
project officers with completing evaluations.
[64 FR 20204, Apr. 26, 1999, as amended at 67 FR 66344, Oct. 31, 2002]
Subpart 1509.4_Debarment, Suspension and Ineligibility
Source: 65 FR 37291, June 14, 2000, unless otherwise noted.
Sec. 1509.403 Definitions.
The ``Debarring Official'' and the ``Suspending Official'' as
defined in FAR 9.403 is a designated individual located in the Office of
Grants and Debarment. This Agency official is authorized to make the
determinations and provide the notifications required under FAR subpart
9.4 or this subpart, except for the determinations required by FAR
9.405-1(a) which are to be made by the Head of the Contracting Activity.
All compelling reason determinations to be made by the Debarring or
Suspending Official under FAR subpart 9.4 or this subpart will be made
only after coordination and consultation with the Head of the
Contracting Activity. See also 2 CFR part 1532.
[65 FR 37291, June 14, 2000, as amended at 72 FR 2427, Jan. 19, 2007]
Sec. 1509.406 Debarment.
Sec. 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 may exist, they shall
promptly report such information to the cognizant Chief of the
Contracting Office (CCO). Purchasing agents in simplified acquisition
activities which do not come under the direct cognizance of a CCO shall
report such information by memorandum, through their immediate
supervisor, and addressed to the cognizant CCO responsible for their
office's contract acquisitions.
(ii) Contracting officers shall review ``The List of Parties
Excluded from Federal Procurement and Nonprocurement Programs'' to
ensure that the Agency does not solicit offers from, award contracts to,
or consent to subcontracts with listed contractors.
(2) Chief of the Contracting Office responsibility. When the Chief
of the Contracting Office determines that sufficient information is
available to indicate that a cause for debarment may exist, such
information shall be promptly reported by memorandum to the HCA. The
memorandum 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 situation, the HCA shall take the following actions:
(i) Notify the Director, Suspension and Debarment Division, that
investigation of a potential debarment has been initiated.
(ii) Review the reported information.
(iii) Investigate as necessary to verify or develop additional
information.
(iv) Refer the matter through the Suspension and Debarment Division
to the Debarring Official for consideration of debarment; request that
the Suspension and Debarment Division evaluate the information and, if
appropriate, refer the matter to the Debarring Official for
consideration of debarment; or recommend to the Suspension and Debarment
Division that the matter be closed without further action because the
facts do not warrant debarment.
[[Page 18]]
(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) Any official. When information is discovered which may indicate
potential criminal or civil fraud activity, such information must be
referred promptly to the EPA Office of Inspector General.
(5) 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.
(b) [Reserved]
Sec. 1509.407 Suspension.
Sec. 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 Interests
Sec. 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.
[49 FR 8839, Mar. 8, 1984; 49 FR 24734, June 15, 1984]
Sec. 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.
Sec. 1509.503 Waiver.
The Head of the Contracting Activity may waive any general rule or
procedure of this subpart by determining that its application in a
particular situation would not be in the Government's interest. Any
request for waiver must be in accordance with FAR 9.503. The Assistant
General Counsel for Contracts and Information Law shall be consulted on
such waiver requests.
[49 FR 8839, Mar. 8, 1984, as amended at 61 FR 29316, June 10, 1996]
Sec. 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.
Sec. 1509.505-70 Information sources.
(a) Disclosure. Prospective EPA Contractors responding to
solicitations or submitting unsolicited proposals shall provide
information to the Contracting Officer for use in identifying,
evaluating, or resolving potential organizational conflicts of interest.
The submittal may be a certification or a disclosure, pursuant to
paragraph (a) (1) or (2) of this section.
[[Page 19]]
(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.
[49 FR 8839, Mar. 8, 1994. Redesignated at 59 FR 18619, Apr. 19, 1994]
Sec. 1509.507-1 Solicitation provisions.
(a) Advance notice of limitations. The Contracting Officer shall
alert prospective contractors by placing a notice in the solicitation
whenever a particular acquisition might create an organizational
conflict of interest. The notice will:
(1) Include the information prescribed in (FAR) 48 CFR 9.507-1;
(2) Refer prospective contractors to this subpart; and
(3) Require proposers to disclose relevant facts concerning any
past, present, or currently planned interests relating to the work
described in the solicitation.
(b) Required solicitation provision. The Contracting Officer shall
include the provisions at 1552.209-70 and 1552.209-72 in all
solicitations, except where the following applies:
(1) An Organizational Conflict of Interest provision is drafted for
a particular acquisition (see Section 1509.507-1(a));
(2) When the procurement is with another Federal agency (however,
the provision is included in solicitations issued under the Small
Business Administration's (SBA) 8(a) program); and
(3) When the procurement is accomplished through simplified
acquisition procedures, use of the provision is optional.
[49 FR 8839, Mar. 8, 1994. Redesignated and amended at 59 FR 18619, Apr.
19, 1994; 61 FR 57337, Nov. 6, 1996; 62 FR 33572, June 20, 1997]
Sec. 1509.507-2 Contract clause.
(a) The Contracting Officer shall include the clause at 1552.209-71
in all contracts in excess of the simplified acquisition threshold and,
as appropriate, in simplified acquisition procedures. Contracts for
other than Superfund work shall include Alternate I in this clause in
lieu of paragraph (e).
(b) The Contracting Officer shall include the clause at 1552.209-73
in all solicitations and contracts for Superfund work in excess of the
simplified acquisition threshold and, as appropriate, in small purchases
for Superfund work.
(c) The Contracting Officer shall include the clause at 1552.209-74
or its alternates in the following solicitations and contracts for
Superfund work in excess of the simplified acquisition threshold and, as
appropriate, in simplified acquisition procedures for Superfund work.
The Contracting Officer shall include the clause at 1552.209-74 in all
Response Action Contract (RAC) solicitations and contracts, except Site
Specific solicitations and contracts. The term ``RAC'' in the Limitation
of Future Contracting clauses includes not only RAC solicitations and
contracts but other long term response action solicitations and
[[Page 20]]
contracts that provide professional architect/engineer, technical, and
management services to EPA to support remedial response, enforcement
oversight and non-time critical removal activities under the
Comprehensive Environmental Response Compensation and Liability Act of
1980, as amended by the Superfund Amendments Reauthorization Act of
1986; and the Robert T. Stafford Natural Disaster Act pursuant to the
Federal Response Plan and other laws to help address and/or mitigate
endangerment to the public health, welfare or environment during
emergencies and natural disasters, and to support States and communities
in preparing for the responses to releases of hazardous substances.
(1) Alternate I shall be used in all Emergency and Rapid Response
Services (ERRS) solicitations and contracts, except site specific
solicitations and contracts. The term ``ERRS'' in the Limitation of
Future Contracting clauses includes not only ERRS solicitations and
contracts but other emergency response type solicitations and contracts
that provide fast responsive environmental cleanup services for
hazardous substances/wastes/contaminants/material and petroleum
products/oil. Environmental cleanup response to natural disasters and
terrorist activities may also be required. ERRS pilot scale studies are
included in the term ``treatability studies.''
(2) Alternate II shall be used in all Superfund Technical Assistance
and Removal Team (START) solicitations and contracts. The term ``START''
in the Limitation of Future Contracting clauses include not only START
solicitations and contracts but other site removal and technical support
solicitations and contracts that include activities related to technical
analyses in determining the nature and extent of contamination at a site
and making recommendations regarding response technologies.
(3) Alternate III shall be used in all Environmental Services
Assistance Team (ESAT) solicitations and contracts.
(4) Alternate IV shall be used in all Enforcement Support Services
(ESS) solicitations and contracts. The term ``ESS'' in the Limitation of
Future Contracting clauses not only includes ESS solicitation and
contracts but other enforcement support type solicitations and contracts
that involve removal actions, mandatory notices to Potentially
Responsible Parties (PRPs), penalty assessments, public comment periods,
negotiations with PRPs, and statutes of limitations for pursuing cost
recovery. The enforcement support services required under the contract
may be conducted to support EPA enforcement actions under any
environmental statute.
(5) Alternate V shall be used in all Superfund Headquarters Support
solicitations and contracts. The Contracting Officer is authorized to
modify paragraph (c) of Alternate V to reflect any unique limitations
applicable to the program requirements.
(6) Alternate VI shall be used in all Site Specific solicitations
and contracts.
(d) The Contracting Officer shall insert the clause at 1552.209-75
in Superfund solicitations and contracts in excess of the simplified
acquisition threshold, where the solicitation or contract does not
include (EPAAR) 48 CFR 1552.211-74, Work Assignments, Alternate I, or a
similar clause requiring conflict of interest certifications during
contract performance. This clause requires an annual conflict of
interest certification from contractors when the contract does not
require the submission of other conflict of interest certifications
during contract performance. Contracts requiring annual certifications
include: Site Specific contracts, the Contract Laboratory Program (CLP),
and the Sample Management Office (SMO) contracts. The annual
certification requires a contractor to certify that all organizational
conflicts of interest have been reported, and that its personnel
performing work under EPA contracts or relating to EPA contracts have
been informed of their obligation to report personal and organizational
conflicts of interest to the Contractor. The annual certification shall
cover the one-year period from the date of contract award for the
initial certification, and a one-year period starting from the previous
certification for subsequent certifications. The certification must be
received by
[[Page 21]]
the Contracting Officer no later than 45 days after the close of the
certification period covered.
[59 FR 18619, Apr. 19, 1994, as amended at 61 FR 57337, Nov. 6, 1996; 70
FR 61569, Oct. 25, 2005]
PART 1511_DESCRIBING AGENCY NEEDS
Sec.
Sec. 1511.000 Scope of part.
Sec. 1511.011 Solicitation Provisions and Contract Clauses.
Sec. 1511.011-70 Reports of work.
Sec. 1511.011-71 [Reserved]
Sec. 1511.011-72 Monthly progress report.
Sec. 1511.011-73 Level of effort.
Sec. 1511.011-74 Work assignments.
Sec. 1511.011-75 Working files.
Sec. 1511.011-76 Legal analysis.
Sec. 1511.011-77 Final reports.
Sec. 1511.011-78 Advisory and assistance services.
Sec. 1511.011-79 Information resources management.
Sec. 1511.011-80 Data standards for the transmission of laboratory
measurement results.
Authority: Sec. 205(c), 63 Sta. 390, as amended, 40 U.S.C. 486(c).
Source: 61 FR 57337, Nov. 6, 1996, unless otherwise noted.
Sec. 1511.000 Scope of part.
This part implements FAR part 11 and provides policy and
procedures for describing Agency needs.
Sec. 1511.011 Solicitation Provisions and Contract Clauses.
Sec. 1511.011-70 Reports of work.
Contracting officers shall insert one of the contract clauses at
1552.211-70 when the contract requires the delivery of reports,
including plans, evaluations, studies, analyses and manuals. Alternate I
should be used to specify reports in contract schedule, whereas the
basic clause should be used when reports are specified in a contract
attachment.
[63 FR 10549, Mar. 4, 1998]
Sec. 1511.011-71 [Reserved]
Sec. 1511.011-72 Monthly progress report.
Contracting Officers shall insert a contract clause substantially
the same as the clause at 1552.211-72 when monthly progress reports are
required.
Sec. 1511.011-73 Level of effort.
The Contracting Officer shall insert the clause at 1552.211-73,
Level of Effort, in term form contracts.
Sec. 1511.011-74 Work assignments.
The Contracting Officer shall insert the contract clause at
1552.211-74, Work Assignments, in cost-reimbursement type term form
contracts when work assignments are used. For Superfund contracts,
except for contracts which require annual conflict of interest
certificates (e.g., Site Specific contracts, the Contract Laboratory
Program (CLP), and Sample Management Office (SMO) contracts), the
Contracting Officer shall use the clause with either Alternate I or
Alternate II. Alternate I shall be used for contractors who have at
least 3 years of records that may be searched for certification
purposes. Alternate II shall be used for contractors who do not have at
least three years of records that may be searched.
Sec. 1511.011-75 Working files.
Contracting Officers shall insert the contract clause at 1552.211-75
in all applicable EPA contracts where accurate working files on all work
documentation is required in the performance of the contract.
Sec. 1511.011-76 Legal analysis.
Contracting Officers shall insert the clause at 1552.211-76 when it
is determined that the contract involves legal analysis.
Sec. 1511.011-77 Final reports.
Contracting Officers shall insert the contract clause at 1552.211-77
when a contract requires both a draft and a final report.
Sec. 1511.011-78 Advisory and assistance services.
Contracting Officers shall insert the contract clause at 1552.211-78
in all contracts for advisory and assistance services.
[[Page 22]]
Sec. 1511.011-79 Information resources management.
The Contracting Officer shall insert the clause at 1552.211-79,
Compliance with EPA Policies for Information Resource Management, in all
solicitations and contracts.
Sec. 1511.011-80 Data standards for the transmission of laboratory
measurement results.
The contracting officer shall insert the clause at 1552.211-80 in
all solicitations and contracts when the contract requires the
electronic transmission of environmental measurements from laboratories
to the Environmental Protection Agency (EPA).
[65 FR 58923, Oct. 3, 2000]
[[Page 23]]
SUBCHAPTER C_CONTRACTING METHODS AND CONTRACT TYPES
PART 1513_SIMPLIFIED ACQUISITION PROCEDURES
Sec.
Sec. 1513.000 Scope of part.
Subpart 1513.1_General
Sec. 1513.170 Competition exceptions and justification for sole source
simplified acquisition procedures.
Sec. 1513.170-1 Contents of sole source justifications.
Subpart 1513.4--Imprest Fund [Reserved]
Subpart 1513.5_Purchase Orders
Sec. 1513.505 Purchase order and related forms.
Sec. 1513.507 Clauses.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 61 FR 57338, Nov. 6, 1996, unless otherwise noted.
Sec. 1513.000 Scope of part.
This part prescribes EPA policies and procedures for the acquisition
of supplies, nonpersonal services, and construction from commercial
sources, the aggregate amount of which does not exceed the simplified
acquisition threshold.
Subpart 1513.1_General
Sec. 1513.170 Competition exceptions and justification for sole source
simplified acquisition procedures.
Sec. 1513.170-1 Contents of sole source justifications.
The program office submitting the procurement request must submit,
as a separate attachment, a brief written statement in support of sole
source acquisitions exceeding the micro-purchase threshold. The
statement must cite one or more of the circumstances in FAR 6.302 and
the necessary facts to support each circumstance. Although program
offices may not cite the authority in FAR 6.302-7, the public interest
may be used as a basis to support a sole source acquisition. If the
acquisition has been synopsized as a notice of proposed sole source
acquisition, the statement must include the results of the evaluation of
responses to the synopsis.
Subpart 1513.4--Imprest Fund [Reserved]
Subpart 1513.5_Purchase Orders
Sec. 1513.505 Purchase order and related forms.
Contracting Officers may use the EPA Form 1900-8, Procurement
Request/Order, in lieu of Optional Forms 347 and 348 for individual
purchases prepared in accordance with the instructions printed on the
reverse thereof (see 1553.213-70).
[61 FR 57338, Nov. 6, 1996. Redesignated at 62 FR 33572, June 20, 1997]
Sec. 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.
PART 1514_SEALED BIDDING
Subpart 1514.2_Solicitation of Bids
Sec.
Sec. 1514.201 Preparation of invitations for bids.
Sec. 1514.201-6 Solicitation provisions.
Sec. 1514.201-7 Contract clauses.
Sec. 1514.205 Solicitation mailing lists.
Subpart 1514.4_Opening of Bids and Award of Contract
Sec. 1514.404 Rejection of bids.
[[Page 24]]
Sec. 1514.406 Mistakes in bids.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 49 FR 8843, Mar. 8, 1984, unless otherwise noted.
Subpart 1514.2_Solicitation of Bids
Sec. 1514.201 Preparation of invitations for bids.
Sec. 1514.201-6 Solicitation provisions.
The Contracting Officer shall insert the solicitation provision at
1552.214-71, Contract Award-Other Factors-Sealed Bidding, in invitations
for bids when it is appropriate to describe other factors that will be
used in evaluating bids for award.
[50 FR 14359, Apr. 11, 1985, as amended at 61 FR 55118, Oct. 24, 1996]
Sec. 1514.201-7 Contract clauses.
The CCO is authorized to waive the inclusion of the clauses at FAR
52.214-27 and 52.214-28, in accordance with FAR 14.201-7.
[55 FR 24579, June 18, 1990, as amended at 58 FR 18976, Apr. 21, 1994]
Sec. 1514.205 Solicitation mailing lists.
When a solicitation and all amendments are posted on the Internet
with a synopsis providing information as to how to access the
solicitation and all amendments, the CO will need to maintain a mailing
list of only those individuals requesting paper copies from the contract
service center/branch. When possible, the CO should also build an
electronic ``mailing list'' of companies downloading the solicitation
from the Internet.
[49 FR 8843, Mar. 8, 1984, as amended at 62 FR 37148, July 11, 1997]
Subpart 1514.4_Opening of Bids and Award of Contract
Sec. 1514.404 Rejection of bids.
Sec. 1514.406 Mistakes in bids.
PART 1515_CONTRACTING BY NEGOTIATION
Sec.
Sec. 1515.000 Scope of part.
Subpart 1515.2_Solicitation and Receipt of Proposals and Information
Sec. 1515.209 Solicitation provisions and contract clauses.
Subpart 1515.3_Source Selection
Sec. 1515.302 Applicability.
Sec. 1515.303 Responsibilities.
Sec. 1515.305 Proposal evaluation.
Sec. 1515.305-70 Scoring plans.
Sec. 1515.305-71 Documentation of proposal evaluation.
Sec. 1515.305-72 Release of cost information.
Subpart 1515.4_Contract Pricing
Sec. 1515.404-4 Profit.
Sec. 1515.404-470 Policy.
Sec. 1515.404-471 EPA structured approach for developing profit or fee
objectives.
Sec. 1515.404-472 Other methods.
Sec. 1515.404-473 Limitations.
Sec. 1515.404-474 Waivers.
Sec. 1515.404-475 Cost realism.
Sec. 1515.408 Solicitation provisions and contract clauses.
Subpart 1515.6_Unsolicited Proposals
Sec. 1515.604 Agency points of contact.
Sec. 1515.606-70 Contracting methods.
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40
U.S.C. 486(c); and 41 U.S.C. 418b.
Source: 64 FR 47410, Aug. 31, 1999, unless otherwise noted.
Sec. 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.
[[Page 25]]
Subpart 1515.2_Solicitation and Receipt of Proposals and Information
Sec. 1515.209 Solicitation provisions and contract clauses.
In addition to those provisions prescribed at FAR 15.209 and in
accordance with FAR 15.203(a)(4), the contracting officer shall identify
and include the evaluation factors that will be considered in making the
source selection and their relative importance in each solicitation.
(a) The contracting officer shall insert the provisions at 1552.215-
70, ``EPA Source Evaluation and Selection Procedures--Negotiated
Procurement'' and either: the provision at 1552.215-71, ``Evaluation
Factors for Award,'' where all evaluation factors other than cost or
price when combined are significantly more important than cost or price;
or the provision in Alternate I to 1552.215-71, where all evaluation
factors other than cost or price when combined are significantly less
important than cost or price; or the provision in Alternate II to
1552.215-71, where all evaluation factors other than cost or price when
combined are approximately equal to cost or price; or Alternate III to
1552.215-71 where award will be made to the offeror with the lowest-
evaluated cost or price whose proposal meets or exceeds the
acceptability standards for non-cost factors.
(b) Evaluation factors and significant subfactors should be prepared
in accordance with FAR 15.305 and inserted into paragraph (b) of the
provision at 1552.215-71, Alternate I, Alternate II, and if used, in
Alternate III.
(c) The contracting officer shall insert the clause at 1552.215-75,
Past Performance Information, or a clause substantially the same as
1552.215-75, in all competitively negotiated acquisitions with an
estimated value in excess of $100,000.
[64 FR 47410, Aug. 31, 1999, as amended at 65 FR 58923, Oct. 3, 2000]
Subpart 1515.3_Source Selection
Sec. 1515.302 Applicability.
FAR subpart 15.3 and this subpart apply to the selection of source
or sources in competitive negotiation acquisitions in excess of the
simplified acquisition threshold, except architect-engineering services
which are covered in 1536.6.
Sec. 1515.303 Responsibilities.
The Source Selection Authority (SSA) is established as follows:
(a) Acquisitions having a potential value of $25,000,000 or more:
Service Center Manager (SCM). This authority is not redelegable.
(b) Acquisitions having a potential value of less than $25,000,000,
but more than $10,000,000: SCM, who has the authority to redelegate SSA
authority to a warranted 1102. If redelegated, review by another
warranted 1102 designated by the SCM is also required. A Regional
Contracting Officer Supervisor may act as the SSA, as determined on a
case-by-case basis, by the Director, Superfund/RCRA Regional Procurement
Operations Division (SRRPOD).
(c) Acquisitions having a potential value of $10,000,000 or less:
The contracting officer.
[67 FR 5072, Feb. 4, 2002]
Sec. 1515.305 Proposal evaluation.
Sec. 1515.305-70 Scoring plans.
When trade-offs are performed (in accordance with FAR 15.101-1), the
evaluation of technical and past performance shall be accomplished using
the following scoring plan or one specifically developed for the
solicitation, e.g., other numeric, adjectival, color rating systems,
etc.
Scoring Plan
------------------------------------------------------------------------
Value Descriptive statement
------------------------------------------------------------------------
0............................ The factor is not addressed, or is
totally deficient and without merit.
[[Page 26]]
1............................ The factor is addressed, but contains
deficiencies and/or weaknesses that can
be corrected only by major or
significant changes to relevant portions
of the proposal, or the factor is
addressed so minimally or vaguely that
there are widespread information gaps.
In addition, because of the
deficiencies, weaknesses, and/or
information gaps, serious concerns exist
on the part of the technical evaluation
team about the offeror's ability to
perform the required work.
2............................ Information related to the factor is
incomplete, unclear, or indicates an
inadequate approach to, or understanding
of the factor. The technical evaluation
team believes there is question as to
whether the offeror would be able to
perform satisfactorily.
3............................ The response to the factor is adequate.
Overall, it meets the specifications and
requirements, such that the technical
evaluation team believes that the
offeror could perform to meet the
Government's minimum requirements.
4............................ The response to the factor is good with
some superior features. Information
provided is generally clear, and the
demonstrated ability to accomplish the
technical requirements is acceptable
with the possibility of more than
adequate performance.
5............................ The response to the factor is superior in
most features.
------------------------------------------------------------------------
Sec. 1515.305-71 Documentation of proposal evaluation.
In addition to the information required by FAR 15.305(a)(3), the
technical evaluation documentation shall include:
(a) Score sheets prepared by each individual team member must be
made available upon the contracting officer's request. For contracts
valued at $10,000,000 or less, the technical evaluation may be recorded
on the short form technical evaluation format (EPA Form 1900-61) or
another form specifically developed for the solicitation; and
(b) A statement that the respective team members are free from
actual or potential personal conflicts of interest, and are in
compliance with the Office of Government Ethics ethics provisions at 5
CFR part 2635.
(c) Any information which might reveal that an offeror has an actual
or potential organizational conflict of interest.
(d) Any documentation related to exchanges with individual offerors.
Sec. 1515.305-72 Release of cost information.
(a) In accordance with FAR 15.305(a)(4), the contracting officer may
release the cost/price proposals to those members of the evaluation team
who are evaluating proposals at his/her discretion.
(b) These individuals would then use this information to perform a
cost realism analysis as described in FAR 15.404-1(d). Any
inconsistencies between the proposals and the solicitation requirements
and/or any inconsistencies between the cost/price and other than cost/
price proposals should be identified.
Subpart 1515.4_Contract Pricing
Sec. 1515.404-4 Profit.
This section implements FAR 15.404-4 and prescribes the EPA
structured approach for establishing profit or fee prenegotiation
objectives.
Sec. 1515.404-470 Policy.
(a) The Agency's policy is to utilize profit to attract contractors
who possess talents and skills necessary to the accomplishment of the
objectives of the Agency, and to stimulate efficient contract
performance. In negotiating profit/fee, it is necessary that all
relevant factors be considered, and that fair and reasonable amounts be
negotiated which give the contractor a profit objective commensurate
with the nature of the work to be performed, the contractor's input to
the total performance, and the risks assumed by the contractor.
(b) The purpose of EPA's structured approach is:
(1) To provide a standard method of evaluation;
(2) To ensure consideration of all relevant factors;
(3) To provide a basis for documentation and explanation of the
profit or fee negotiation objective; and
[[Page 27]]
(4) To allow contractors to earn profits commensurate with the
assumption of risk.
(c) The profit-analysis factors prescribed in the EPA structured
approach for analyzing profit or fee include those prescribed by FAR
15.404(d)(1), and additional factors authorized by FAR 15.404(d)(2) to
foster achievement of program objectives. These profit or fee factors
are prescribed in 1515.404-471.
Sec. 1515.404-471 EPA structured approach for developing profit or fee
objectives.
(a) General. To properly reflect differences among contracts, and to
select an appropriate relative profit/fee in consideration of these
differences, weightings have been developed for application by the
contracting officer to standard measurement bases representative of the
prescribed profit factors cited in FAR 15.404(d) and EPAAR 1515.404-
471(b)(1). Each profit factor or subfactor, or its components, has been
assigned weights relative to their value to the contract's overall
effort, and the range of weights to be applied to each profit factor.
(b)(1) Profit/fee factors. The factors set forth in this paragraph,
and the weighted ranges listed after each factor, shall be used in all
instances where the profit/fee is negotiated.
Contractor's Input to Total Performance
------------------------------------------------------------------------
Weight Range (Percent)
------------------------------------------------------------------------
Direct material............................ 1 to 4.
Professional/technical labor............... 8 to 15.
Professional/technical overhead............ 6 to 9.
General labor.............................. 5 to 9.
General overhead........................... 4 to 7.
Subcontractors............................. 1 to 4.
Other direct costs......................... 1 to 3.
General and administrative expenses........ 5 to 8.
Contractor's assumption of contract cost 0 to 6.
risk.
------------------------------------------------------------------------
(2) The contracting officer shall first measure the ``Contractor's
Input to Total Performance'' by the assignment of a profit percentage
within the designated weight ranges to each element of contract cost.
Such costs are multiplied by the specific percentages to arrive at a
specific dollar profit or fee.
(3) The amount calculated for facilities capital cost of money
(FCCM) shall not be included as part of the cost base for computation of
profit or fee. The profit or fee objective shall be reduced by an amount
equal to the amount of facilities capital cost of money allowed. A
complete discussion of the determination of facilities capital cost of
money and its application and administration is set forth in FAR 31.205-
10, and the Appendix to the FAR (see 48 CFR 9904.414).
(4) After computing a total dollar profit or fee for the
Contractor's Input to Total Performance, the contracting officer shall
calculate the specific profit dollars assigned for cost risk and
performance. This is accomplished by multiplying the total Government
cost objective, exclusive of any FCCM, by the specific weight assigned
to cost risk and performance. The contracting officer shall then
determine the profit or fee objective by adding the total profit dollars
for the Contractor's Input to Total Performance to the specific dollar
profits assigned to cost risk and performance. The contracting officer
shall use EPA Form 1900-2 in hardcopy or electronic copy equivalent to
facilitate the calculation of the profit or fee objective.
(5) The weight factors discussed in this section are designed for
arriving at profit or fee objectives for other than nonprofit and not-
for-profit organizations. Nonprofit and not-for-profit organizations are
addressed as follows:
(i) Nonprofit and not-for-profit organizations are defined as those
business entities organized and operated:
(A) Exclusively for charitable, scientific, or educational purposes;
(B) Where no part of the net earnings inure to the benefit of any
private shareholder or individual;
(C) Where no substantial part of the activities is for propaganda or
otherwise attempting to influence legislation or participating in any
political campaign on behalf of any candidate for public office; and
(D) Which are exempt from Federal income taxation under Section 51
of the Internal Revenue Code. (26 U.S.C.)
(ii) For contracts with nonprofit and not-for-profit organizations
where fees are involved, special factor of -3 percent shall be assigned
in all cases.
(c) Assignment of values to specific factors--(1) General. In making
a judgment
[[Page 28]]
on the value of each factor, the contracting officer should be governed
by the definition, description, and purpose of the factors, together
with considerations for evaluation set forth in this paragraph.
(2) Contractor's input to total performance. This factor is a
measure of how much the contractor is expected to contribute to the
overall effort necessary to meet the contract performance requirements
in an efficient manner. This factor, which is separate from the
contractor's responsibility for contract performance, takes into account
what resources are necessary, and the creativity and ingenuity needed
for the contractor to perform the statement of work successfully. This
is a recognition that within a given performance output, or within a
given sales dollar figure, necessary efforts on the part of individual
contractors can vary widely in both value, quantity, and quality, and
that the profit or fee objective should reflect the extent and nature of
the contractor's contribution to total performance. Greater profit
opportunity should be provided under contracts requiring a high degree
of professional and managerial skill and to prospective contractors
whose skills, facilities, and technical assets can be expected to lead
to efficient and economical contract performance. The evaluation of this
factor requires an analysis of the cost content of the proposed contract
as follows:
(i) Direct material (purchased parts and other material). (A)
Analysis of these cost items shall include an evaluation of the
managerial and technical effort necessary to obtain the required
material. This evaluation shall include consideration of the number of
orders and suppliers, and whether established sources are available or
new sources must be developed. The contracting officer shall also
determine whether the contractor will, for example, obtain the materials
by routine orders or readily available supplies (particularly those of
substantial value in relation to the total contract costs), or by
detailed subcontracts for which the prime contractor will be required to
develop complex specifications involving creative design.
(B) Consideration should be given to the managerial and technical
efforts necessary for the prime contractor to administer subcontracts,
and to select subcontractors, including efforts to break out
subcontracts from sole sources, through the introduction of competition.
(C) Recognized costs proposed as direct material costs such as scrap
charges shall be treated as material for profit evaluation.
(D) If intracompany transfers are accepted at price, in accordance
with FAR 31.205-26(e), they should be excluded from the profit or fee
computation. Other intracompany transfers shall be evaluated by
individual components of cost, i.e., material, labor, and overhead.
(ii) Professional/technical and general labor. Analysis of labor
should include evaluation of the comparative quality and level of the
talents and experience to be employed. In evaluating labor for the
purpose of assigning profit dollars, consideration should be given to
the amount of notable scientific talent or unusual or scarce talent
needed, in contrast to journeyman effort or supporting personnel. The
diversity, or lack thereof, of scientific and engineering specialties
required for contract performance, and the corresponding need for
supervision and coordination, should also be evaluated.
(iii) Overhead and general and administrative expenses. (A) Where
practicable, analysis of these overhead items of cost should include the
evaluation of the individual elements of these expenses, and how much
they contribute to contract performance. This analysis should include a
determination of the amount of labor within these overhead pools, and
how this labor would be treated if it were considered as direct labor
under the contract. The allocable labor elements should be given the
same profit consideration as if they were direct labor. The other
elements of indirect cost pools should be evaluated to determine whether
they are routine expenses such as utilities, depreciation, and
maintenance, and therefore given less profit consideration.
(B) The contractor's accounting system need not break down its
overhead
[[Page 29]]
expenses within the classification of professional/technical overhead,
general overhead and general and administrative expenses.
(iv) Subcontractors. (A) Subcontract costs should be analyzed from
the standpoint of the talents and skills of the subcontractors. The
analysis should consider if the prime contractor normally should be
expected to have people with comparable expertise employed as full-time
staff, or if the contract requires skills not normally available in an
employer-employee relationship. Where the prime contractor is using
subcontractors to perform labor which would normally be expected to be
done in-house, the rating factor should generally be at or near 1
percent. Where exceptional expertise is retained, or the prime
contractor is participating in the mentor-prot[eacute]g[eacute] program,
the assigned weight should be nearer to the high end of the range.
(v) Other direct costs. The analysis of these costs should be
similar to the analysis of direct material.
(3) Contractor's assumption of contract cost risk. (i) The risk of
contract costs should be shifted to the fullest extent practicable to
contractors, and the Government should assign a rating that reflects the
degree of risk assumption. Evaluation of this risk requires a
determination of the degree of cost responsibility the contractor
assumes, the reliability of the cost estimates in relation to the task
assumed, and the chance of the contractor's success or failure. This
factor is specifically limited to the risk of contract costs. Thus, such
risks of losing potential profits in other fields are not within the
scope of this factor.
(ii) The first determination of the degree of cost responsibility
assumed by the contractor is related to the sharing of total risk of
contract cost by the Government and the contractor, depending on
selection of contract type. The extremes are a cost-plus-fixed-fee
contract requiring only that the contractor use its best efforts to
perform a task, and a firm-fixed-price contract for a complex item. A
cost-plus-fixed-fee contract would reflect a minimum assumption of cost
responsibility by the contractor, whereas a firm-fixed-price contract
would reflect a complete assumption of cost responsibility by the
contractor. Therefore, in the first step of determining the value given
for the contractor's assumption of contract cost risk, a lower rating
would be assigned to a proposed cost-plus-fixed-fee best efforts
contract, and a higher rating would be assigned to a firm-fixed-price
contract.
(iii) The second determination is that of the reliability of the
cost estimates. Sound price negotiation requires well-defined contract
objectives and reliable cost estimates. An excessive cost estimate
reduces the possibility that the cost of performance will exceed the
contract price, thereby reducing the contractor's assumption of contract
cost risk.
(iv) The third determination is that of the difficulty of the
contractor's task. The contractor's task may be difficult or easy,
regardless of the type of contract.
(v) Contractors are likely to assume greater cost risks only if the
contracting officer objectively analyzes the risk incident to the
proposed contract, and is willing to compensate contractors for it.
Generally, a cost-plus-fixed-fee contract would not justify a reward for
risk in excess of 1 percent, nor would a firm-fixed-price contract
normally justify a reward of less than 4 percent. Where proper contract
type selection has been made, the reward for risk by contract type would
usually fall into the following percentage ranges:
------------------------------------------------------------------------
Type of contract Percentage ranges
------------------------------------------------------------------------
Cost-plus-fixed-fee........................ 0 to 1.
Prospective price determination............ 4 to 5.
Firm-fixed-price........................... 4 to 6.
------------------------------------------------------------------------
(A) These ranges may not be appropriate for all acquisitions. The
contracting officer might determine that a basis exists for high
confidence in the reasonableness of the estimate, and that little
opportunity exists for cost reduction without extraordinary efforts. The
contractor's willingness to accept ceilings on their burden rates should
be considered as a risk factor for cost-plus-fixed-fee contracts.
[[Page 30]]
(B) In making a contract cost risk evaluation in an acquisition that
involves definitization of a letter contract, consideration should be
given to the effect on total contract cost risk as a result of partial
performance under a letter contract. Under some circumstances, the total
amount of cost risk may have been effectively reduced by the existence
of a letter contract. Under other circumstances, it may be apparent that
the contractor's cost risk remained substantially as great as though a
letter contract had not been used. Where a contractor has begun work
under an anticipatory cost letter, the risk assumed is greater than
normal. To be equitable, the determination of a profit weight for
application to the total of all recognized costs, both those incurred
and those yet to be expended, must be made with consideration to all
relevant circumstances, not just to the portion of costs incurred or
percentage of work completed prior to definitization.
Sec. 1515.404-472 Other methods.
(a) Contracting officers may use methods other than those prescribed
in 1515.404-470 for establishing profit or fee objectives under the
following types of contracts and circumstances:
(1) Architect-engineering contracts;
(2) Personal service contracts;
(3) Management contracts, e.g., for maintenance or operation of
Government facilities;
(4) Termination settlements;
(5) Services under labor-hour and time and material contracts which
provide for payment on an hourly, daily, or monthly basis, and where the
contractor's contribution constitutes the furnishing of personnel.
(6) Construction contracts; and
(7) Cost-plus-award-fee contracts.
(b) Generally, it is expected that such methods will:
(1) Provide the contracting officer with a technique that will
ensure consideration of the relative value of the appropriate profit
factors described under ``Profit Factors,'' in FAR 15.404-4(d) and
(2) Serve as a basis for documentation of the profit or fee
objective.
Sec. 1515.404-473 Limitations.
(a) In addition to the limitations established by statute (see FAR
15.404-4(b)(4)(i)), no administrative ceilings on profits or fees shall
be established, except those identified in EPAAR (48 CFR) 1516.404-
273(b).
(b) The contracting officer shall not consider any known
subcontractor profit/fee as part of the basis for determining the
contractor profit/fee.
Sec. 1515.404-474 Waivers.
Under unusual circumstances, the SCM may specifically waive the
requirement for the use of the guidelines. Such exceptions shall be
justified in writing, and authorized only in situations where the
guidelines method is unsuitable.
[64 FR 47410, Aug. 31, 1999, as amended at 67 FR 5072, Feb. 4, 2002]
Sec. 1515.404-475 Cost realism.
The EPA structured approach is not required when the contracting
officer is evaluating cost realism in a competitive acquisition.
Sec. 1515.408 Solicitation provisions and contract clauses.
(a) In addition to those provisions and clauses prescribed in FAR
15.408, when an exception to FAR 15.403-1 does not apply and no other
means available can be used to ascertain whether a fair and reasonable
price can be determined, the contracting officer may insert in
negotiated solicitations the provisions at--
(1) 1552.215-72 when requesting information other than cost or
pricing data, for cost-reimbursable, level-of-effort-contracts. Use
Alternate I for cost-reimbursable, level-of-effort contracts when the
Government's requirement is for fully dedicated staff for a twelve month
period(s) of performance and performance is on a Government facility;
Alternate II for acquisitions for cost-reimbursable, level-of-effort
contracts when the Government's requirement is for fully dedicated staff
for a twelve month period(s) of performance and performance is not on a
Government facility; and Alternate III if the Government's requirement
is for the acquisition of supplies or equipment.
[[Page 31]]
The contracting officer may make revisions, deletions, or additions to
1552.215-72 and its Alternates I-III as needed to fit an individual
acquisition, and
(2) 1552.215-73, General Financial and Organizational Information.
(b) If uncompensated overtime is proposed, the resultant contract
shall include the provisions at FAR 52.237-10 and include the provision
at 1552.215-74. The contracting officer may use provisions substantially
the same as 1552.215-74 without requesting a deviation to the EPAAR.
Subpart 1515.6_Unsolicited Proposals
Sec. 1515.604 Agency points of contact.
The Director, Grants Administration Division (3903R), EPA, 1200
Pennsylvania Ave., NW., Washington, DC 20460, is the Agency contact
point established to coordinate the receipt and handling of unsolicited
proposals.
[64 FR 47410, Aug. 31, 1999, 65 FR 47325, Aug. 2, 2000]
Sec. 1515.606-70 Contracting methods.
The Department of Housing and Urban Development-Independent Agencies
Appropriation Act contains a requirement that none of the funds provided
in the Act may be used for payment through grants or contracts to
recipients that do not share in the cost of conducting research
resulting from proposals that are not specifically solicited by the
Government. Accordingly, contracts for research which result from
unsolicited proposals shall provide for the contractor to bear a portion
of the cost of performance for work subject to the Act. The extent of
the cost sharing shall reflect the mutuality of interest of the
contractor and the Government. Therefore, where there is no measurable
gain to the performing organization, cost sharing is not required.
PART 1516_TYPES OF CONTRACTS
Subpart 1516.3_Cost-Reimbursement Contracts
Sec.
Sec. 1516.301-70 Payment of fee.
Sec. 1516.303 Cost-sharing contracts.
Sec. 1516.303-71 Definition.
Sec. 1516.303-72 Policy.
Sec. 1516.303-73 Types of cost-sharing.
Sec. 1516.303-74 Determining the value of in-kind contributions.
Sec. 1516.303-75 Amount of cost-sharing.
Sec. 1516.303-76 Fee on cost-sharing contracts by subcontractors.
Sec. 1516.303-77 Administrative requirements.
Sec. 1516.307 Contract clauses.
Sec. 1516.370 Solicitation provision.
Subpart 1516.4_Incentive Contracts
Sec. 1516.401-1 General.
Sec. 1516.401-70 Award term incentives.
Sec. 1516.401-270 Definition.
Sec. 1516.405-2 Cost-plus-award-fee contracts.
Sec. 1516.405-270 Definitions.
Sec. 1516.405-271 Limitations.
Sec. 1516.405-272 Waiver.
Sec. 1516.406 Contract clauses.
Subpart 1516.5_Indefinite-Delivery Contracts
Sec. 1516.505 Contract clauses.
Subpart 1516.6_Time-and-Materials, Labor-Hour, and Letter Contracts
Sec. 1516.603 Letter Contracts.
Sec. 1516.603-1 What is a Notice to Proceed?
Sec. 1516.603-2 What are the requirements for use of an NTP?
Sec. 1516.603-3 Limitations.
Authority: The provisions of this regulation are issued under 5
U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c); and
41 U.S.C. 418b.
Source: 49 FR 8852, Mar. 8, 1984, unless otherwise noted.
Subpart 1516.3_Cost-Reimbursement Contracts
Sec. 1516.301-70 Payment of fee.
The policy of EPA for cost-reimbursement, term form contracts is to
make provisional payment of fee (i.e. the fixed fee on cost-plus-fixed-
fee type contracts or the base fee on cost-plus-award-fee type
contracts) on a percentage of work completed basis, when such a method
will not prove detrimental to proper contract performance. Percentage of
work completed is the ratio of the direct labor hours performed in
relation to the direct labor hours set forth in the contract in clause
1552.212-
[[Page 32]]
70, ``Level of Effort--Cost Reimbursement Term Contract.'' Provisional
payment of fee will remain subject to withholding provisions, such as 48
CFR 52.216-8, Fixed Fee.
[56 FR 43711, Sept. 4, 1991]
Sec. 1516.303 Cost-sharing contracts.
Sec. 1516.303-71 Definition.
Cost-sharing is a generic term denoting any situation where the
Government does not fully reimburse a contractor for all allowable costs
necessary to accomplish the project under the contract. This term
encompasses cost-matching and cost-limitations, in addition to cost-
sharing. Cost-sharing does not include usual contractual limitations
such as indirect cost ceilings in accordance with FAR 42.707, or
ceilings on travel or other direct costs. Cost-sharing contracts may be
required as a result of Congressional mandate.
[61 FR 14504, Apr. 2, 1996]
Sec. 1516.303-72 Policy.
(a) The Agency shall use cost-sharing contracts where the principal
purpose is ultimate commercialization and utilization of technologies by
the private sector. There should also be a reasonable expectation of
future economic benefits for the contractor and the Government beyond
the Government's contract.
(b) Cost-sharing may be accomplished by a contribution to either
direct or indirect costs, provided such costs are reasonable, allocable
and allowable in accordance with the cost principles of the contract.
Allowable costs which are absorbed by the contractor as its share of
contract costs may not be charged directly or indirectly to the Agency
or the Federal Government.
(c) Unsolicited proposals will be considered on a case-by-case basis
by the Contracting Officer as to the appropriateness of cost-sharing.
[61 FR 14504, Apr. 2, 1996]
Sec. 1516.303-73 Types of cost-sharing.
(a) Cost-sharing may be accomplished in various forms or
combinations. These include, but are not limited to: cash outlays, real
property or interest therein, personal property or services, cost
matching, or other in-kind contributions.
(b) In-kind contributions represent non-cash contributions provided
by the performing contractor which would normally be a charge against
the contract. While in-kind contributions are an acceptable method of
cost-sharing, should the booked costs of property appear unrealistic,
the fair market value of the property shall be determined pursuant to
1516.303-74 of this chapter.
(c) In-kind contributions may be in the form of personal property
(equipment or supplies) or services which are directly beneficial,
specifically identifiable and necessary for the performance of the
contract. In-kind contributions must meet all of the following criteria
before acceptance.
(1) Be verifiable from the contractor's books and records;
(2) Not be included as contributions under any other Federal
contract;
(3) Be necessary to accomplish project objectives;
(4) Provide for types of charges that would otherwise be allowable
under applicable Federal cost principles appropriate to the contractor's
organization; and
(5) Not be paid for by the Federal Government under any contract,
agreement or grant.
[61 FR 14504, Apr. 2, 1996]
Sec. 1516.303-74 Determining the value of in-kind contributions.
In-kind contributions accepted from a contractor will be addressed
on a case-by-case basis provided the established values do not exceed
fair market values.
(a) Where the Agency receives title to donated land, building,
equipment or supplies and the property is not fully consumed during
performance of the contract, the Contracting Officer should establish
the property's value based on the contractor's booked costs (i.e.,
acquisition cost less depreciation, if any) at the time of donation. If
the booked costs reflect unrealistic values when compared to current
market conditions, the Contracting Officer may establish another
appropriate value if supported by an independent appraisal of the fair
market value of the donated
[[Page 33]]
property or property in similar condition and circumstances.
(b) The Contracting Officer will monitor reports of in-kind costs as
they are incurred or recognized during the contract period of
performance to determine that the value of in-kind services does not
exceed fair market values.
(c) The value of any services or the use of personal or real
property donated by a contractor should be established when necessary in
accordance with generally accepted accounting policies and Federal cost
principles.
[61 FR 14505, Apr. 2, 1996]
Sec. 1516.303-75 Amount of cost-sharing.
(a) Contractors should contribute a reasonable amount of the total
project cost covered under the contract. The ratio of cost participation
should correlate to the apparent advantages available to performers and
the proximity of implementing commercialization, i.e., the higher the
potential for future profits, the higher the contractor's share should
be.
(b) Fee will not be paid to the contractor or any member of the
contractor team (subcontractors and consultants) which has a substantial
and direct interest in the contract, or is in a position to gain long
term benefits from the contract. A vulnerability the Contracting Officer
should consider in reviewing a prime contractor's request for consent to
subcontract is whether subcontractors under prime cost-sharing contracts
have a significant direct interest in the contract to gain long-term
benefits from the contract.
(c) The Contracting Officer, with the input of technical experts,
may consider the following factors in determining reasonable levels of
cost sharing:
(1) The availability of the technology to competitors;
(2) Improvements in the contractor's market share position;
(3) The time and risk necessary to achieve success;
(4) If the results of the project involve patent rights which could
be sold or licensed;
(5) If the contractor has non-Federal sources of funds to include as
cost participation; and
(6) If the contractor has the production and other capabilities to
capitalize the results of the project.
(d) A contractor's cost participation can be provided by other
subcontractors with which it has contractual arrangements to perform the
contract as long as the contractor's cost-sharing goal is met.
[61 FR 14505, Apr. 2, 1996]
Sec. 1516.303-76 Fee on cost-sharing contracts by subcontractors.
(a) Subcontractors under prime cost-sharing contracts who do not
have a significant direct interest in the contract or who are not in a
position to gain long-term benefits from the contract may earn a fee.
(b) Contracting Officers should be alert to a potential
vulnerability for the Government under cost-sharing contracts when
evaluating proposed subcontractors or consenting to a subcontract during
contract administration, where the subcontractor is a wholly-owned
subsidiary of the prime. The vulnerability consists of the subsidiary
earning a large amount of fee, which could be returned to the prime
through stock dividends or other intercompany transactions. This could
circumvent the objective of a cost-sharing contract.
[61 FR 14505, Apr. 2, 1996]
Sec. 1516.303-77 Administrative requirements.
(a) The initial Procurement Request shall reflect the total
estimated cost of the cost-sharing contract. The face page of the
contract award shall indicate the total estimated cost of the contract,
the Contractor's share of the cost, and the Government's share of the
cost.
(b) The manner of cost-sharing and how it is to be accomplished
shall be set forth in the contract. Additionally, contracts which
provide for cost-sharing shall require the contractor to maintain
records adequate to reflect the nature and extent of their cost-sharing
as well as those costs charged the Agency. Such records may be subject
to an Agency audit.
[61 FR 14505, Apr. 2, 1996]
[[Page 34]]
Sec. 1516.307 Contract clauses.
(a) The Contracting Officer shall insert the clause in 1552.216-71,
Date of Incurrence of Cost, in cost-reimbursement contracts when an
anticipatory cost letter has been issued on the project.
(b) The Contracting Officer shall insert the clause at 1552.216-74,
Payment of Fee, in solicitations and contracts where a cost-
reimbursement term form contract is contemplated, unless the Contracting
Officer determines that such a provision would be detrimental to
ensuring proper contract performance.
(c) The Contracting Officer shall insert a clause substantially the
same as 48 CFR 1552.216-76, Estimated Cost and Cost-Sharing, in
solicitations and contracts where the total incurred costs are shared by
the contractor on a straight percentage basis. The Contracting Officer
may develop other clauses, as appropriate, following the same approach,
but reflecting different cost-sharing arrangements negotiated on
specific contract actions.
[49 FR 8852, Mar. 8, 1984, as amended at 56 FR 43711, Sept. 4, 1991; 61
FR 14505, Apr. 2, 1996; 61 FR 57338, Nov. 6, 1996]
Sec. 1516.370 Solicitation provision.
The solicitation document shall state whether any cost-sharing is
required, and may set forth a target level of cost-sharing. Although
technical considerations are normally most important, the degree of
cost-sharing may be considered in a selection decision when cost becomes
a determinative factor in a selection decision.
[61 FR 14505, Apr. 2, 1996]
Subpart 1516.4_Incentive Contracts
Sec. 1516.401-1 General.
Sec. 1516.401-70 Award term incentives.
(a) Award term incentives enable a contractor to become eligible for
additional periods of performance under a current contract by achieving
prescribed performance measures under that contract.
(b) Award term incentives are designed to motivate contractors to
superior performance. Accordingly, the prescribed performance measures,
i.e., acceptable quality levels (AQL) which must be achieved by a
contractor to become eligible for an award term typically will be in
excess of the AQLs necessary for Government acceptance of contract
deliverables.
(c) The Award Term Incentive Plan sets forth the evaluation process,
including the evaluation criteria and performance measures, and serves
as the basis for award term decisions. The Award Term Incentive Plan may
be unilaterally revised by the Government.
(d) Award term incentives may be used in conjunction with options.
The Federal Acquisition Regulation does not prescribe a level of
performance for the exercise of options, as contrasted with award term
incentives, which should require superior performance as discussed in
paragraph (b) of this subsection. Award term incentive periods will
follow any option periods.
(e)(1) The Government has the unilateral right not to grant or to
cancel award term incentive periods and the associated award term
incentive plans if--
(i) The Contracting Officer has failed to initiate an award term
incentive period, regardless of whether the contractor's performance
permitted the Contracting Officer to consider initiating the award term
incentive period; or
(ii) The contractor has failed to achieve the performance measures
for the corresponding evaluation period; or
(iii) The Government notifies the contractor in writing it does not
have funds available for the award term; or
(iv) The Government no longer has a need for the award term
incentive period at or before the time an award term incentive period is
to commence.
(2) When an award term incentive period is not granted or cancelled,
any--
(i) Prior award term incentive periods for which the contractor
remains otherwise eligible are unaffected.
(ii) Subsequent award term incentive periods are thereby also
cancelled.
(f) Award term incentives may be appropriate for any type of service
contract.
[73 FR 1980, Jan. 11, 2008]
[[Page 35]]
Sec. 1516.401-270 Definition.
Acceptable quality level (AQL) as used in this subpart means the
minimum percent of deliverables which are compliant with a given
performance standard that would permit a contractor to become eligible
for an award term incentive. Because the performance necessary for
eligibility for the award term incentive may be in excess of that
necessary for the Government acceptance of contract deliverables, the
AQLs associated with the award term incentive may exceed the AQLs
associated with the acceptance of contract deliverables. For example,
under contract X, acceptable performance is 75 percent of reports
submitted to the Government within five days. However, to be eligible
for an award term incentive, 85 percent of reports must be submitted to
the Government within five days.
[73 FR 1980, Jan. 11, 2008]
Sec. 1516.405-2 Cost-plus-award-fee contracts.
Sec. 1516.405-270 Definitions.
(a) Performance Evaluation Board (PEB). Group of Government
officials responsible for assessing the quality of contract performance
and recommending the appropriate fee.
(b) Fee Determination Official. Individual responsible for reviewing
the recommendations of the PEB and making the final determination of the
amount of award fee to be awarded to the contractor.
[60 FR 43404, Aug. 21, 1995. Redesignated at 73 FR 1981, Jan. 11, 2008]
Sec. 1516.405-271 Limitations.
(a) No award fee may be earned if the Fee Determination Official
determines that contractor performance has been satisfactory or less
than satisfactory. A contractor may earn award fee only for performance
rated above satisfactory or excellent. All award fee plans shall
disclose to offerors the numerical rating necessary to be deemed ``above
satisfactory'' or ``excellent'' for award fee purposes.
(b) The base fee shall not exceed three percent of the estimated
cost of the contract, exclusive of the fee.
(c) Unearned award fee may not be carried forward from one
performance period into a subsequent performance period unless approved
by the FDO.
(d) The payment of award fee on a provisional basis is not
authorized.
[60 FR 43404, Aug. 21, 1995. Redesignated at 73 FR 1981, Jan. 11, 2008]
Sec. 1516.405-272 Waiver.
The Chief of the Contracting Office may waive the limitations in
paragraphs (a), (b), and (d) of 1516.404-273 on a case-by-case basis
when unusual or compelling circumstances exist. The waiver shall be
supported by a justification and coordinated with the Procurement Policy
Branch in the Office of Acquisition Management.
[60 FR 43404, Aug. 21, 1995. Redesignated at 73 FR 1981, Jan. 11, 2008]
Sec. 1516.406 Contract clauses.
(a) The Contracting Officer shall insert the clause at 1552.216-70,
Award fee (MAY 2000), in solicitations and contracts where a cost-plus-
award-fee contract is contemplated.
(b) The Contracting Officer shall insert the clause at 1552.216-75,
Base Fee and Award Fee Proposal (SEP 1995), in all solicitations which
contemplate the award of cost-plus-award-fee contracts. The Contracting
Officer shall insert the appropriate percentages.
(c) The Contracting Officer shall insert the clauses at 1552.216-77,
Award Term Incentive, 1552.216-78, Award Term Incentive Plan, and
1552.216-79 Award Term Availability of Funds in solicitations and
contracts when award term incentives are contemplated. The clauses at
1552.216-77 and 1552.216-78 may be used on substantially the same basis.
(d) If the Contracting Officer wishes to use the ratings set forth
in the National Institutes of Health (NIH) Contractor Performance System
(CPS) on the contract at hand as the basis for contractor eligibility
for an award term incentive, the Contracting Officer shall insert the
clause at 1552.216-78 with its Alternate I.
[60 FR 43404, Aug. 21, 1995, as amended at 64 FR 3876, Jan. 26, 1999; 65
FR 31500, May 18, 2000. Redesignated and amended at 73 FR 1981, Jan. 11,
2008]
[[Page 36]]
Subpart 1516.5_Indefinite-Delivery Contracts
Sec. 1516.505 Contract clauses.
(a) The Contracting Officer shall insert the clause in 1552.216-72,
Ordering--By Designated Ordering Officers, in indefinite delivery/
indefinite quantity type solicitations and contracts.
(b) The Contracting Officer shall insert the clause in 1552.216-73,
Fixed Rates for Services--Indefinite Delivery/Indefinite Quantity
Contract, in solicitations and contracts to specify fixed rates for
services.
Subpart 1516.6_Time-and-Materials, Labor-Hour, and Letter Contracts
Sec. 1516.603 Letter Contracts.
Sec. 1516.603-1 What is a Notice to Proceed?
(a) A Notice to Proceed (NTP) is a type of letter contract issued
pursuant to FAR 16.603 under which an EPA Federal Classification Series
1102 (FCS) contracting officer or a duly authorized EPA on-scene
coordinator with delegated procurement authority may initiate, in
certain defined situations and subject to certain limitations and
conditions, contracting actions to respond to certain situations as
described in CERCLA section 104(a)(1) (42 U.S.C. 9604(a)(1)) and the
Clean Water Act sections 311(c)(2) and (e)(1)(B) (33 U.S.C. 1321(c)(2)
and (e)(1)(B)). An NTP may be utilized as a contractual instrument for
certain--
(1) Actions that EPA is authorized to undertake under CERCLA section
104(a)(1), 42 U.S.C. 9604(a)(1), and the National Oil and Hazardous
Substances Pollution Contingency Plan (40 CFR part 300), to respond to
situations where any hazardous substance has been released or there is a
substantial threat of such a release into the environment, or there is a
release or substantial threat of release into the environment of any
pollutant or contaminant which may present an imminent and substantial
danger to the public health or welfare, and
(2) Actions that EPA is authorized to undertake under sections
311(c)(2) and (e)(1)(B) of the Clean Water Act, 33 U.S.C. 1321(c)(2) and
(e)(1)(B), and the National Oil and Hazardous Substances Pollution
Contingency Plan (40 CFR part 300), to respond when there is a
discharge, or a substantial threat of a discharge (to or upon navigable
waters, adjoining shorelines, the contiguous zone, or natural resources
belonging to, appertaining to, or under the exclusive management of the
United States), of oil or a hazardous substance from a vessel, onshore
facility, or offshore facility that is a substantial threat to the
public health or welfare. Pursuant to a class Justification For Other
Than Full and Open Competition executed under the authority of FAR
6.302-2 and 6.303-1(c), an NTP may be issued on a non-competitive basis.
(b) What do subsections 1516.603-1 and 1516.603-2 cover? EPAAR
1516.603-1 and 1516.603-2 contain information and procedures relating to
issuance and definitization of an NTP. An NTP is subject to, and must
comply with, the applicable requirements for letter contracts in FAR
16.603 and the requirements in this section, and be definitized by an
EPA FCS 1102 contracting officer.
[66 FR 12900, Mar. 1, 2001]
Sec. 1516.603-2 What are the requirements for use of an NTP?
(a) An EPA FCS 1102 contracting officer or a duly authorized EPA on-
scene coordinator with a delegation of procurement authority may issue
an NTP so long as it does not exceed the limits of his or her
procurement authority and only when all of the following conditions have
been met:
(1) A written determination has been made by the Federal on-scene
coordinator that--
(i) As authorized by and consistent with CERCLA section 104(a)(1),
42 U.S.C. 9604(a)(1), and the National Oil and Hazardous Substances
Pollution Contingency Plan (40 CFR part 300), the EPA must take action
to respond to a hazardous substance release or substantial threat of
such a release into the environment, or a release or substantial threat
of a release into the environment of any pollutant or contaminant which
may present an imminent and substantial danger to the public health or
welfare, or
[[Page 37]]
(ii) As authorized by and consistent with the Clean Water Act
sections 311(c)(2) and (e)(1)(B), 33 U.S.C. 1321(c)(2) and (e)(1)(B),
and the National Oil and Hazardous Substances Pollution Contingency Plan
(40 CFR part 300), the EPA must take action to respond to a discharge,
or a substantial threat of a discharge (to or upon navigable waters,
adjoining shorelines, the contiguous zone, or natural resources
belonging to, appertaining to, or under the exclusive management of the
United States), of oil or a hazardous substance from a vessel, offshore
facility, or onshore facility that is of such a size and character as to
pose a substantial threat to the public health or welfare of the United
States; and
(2) Before a duly authorized EPA on-scene coordinator with a
delegation of procurement authority may issue an NTP, he or she must
confirm that an EPA FCS 1102 contracting officer is not available to
provide the required contracting support by the time the Federal on-
scene coordinator requires the response action to be undertaken; and
(3) A written determination is made by an EPA FCS 1102 contracting
officer or a duly authorized EPA on-scene coordinator with a delegation
of procurement authority that there is no other existing contracting
mechanism available to provide the required contracting support by the
time required, including the inability of an existing emergency response
contractor or other existing contract vehicle to respond in the required
time frame. These conditions, as well as any other requirements
applicable to NTPs or letter contracts contained in the FAR or EPAAR ,
must be met before an NTP can be issued by an EPA FCS 1102 contracting
officer or a duly authorized EPA on-scene coordinator with a delegation
of procurement authority.
(b) What should be included in an NTP? (1) Since an NTP is a type of
letter contract, it is subject to the requirements of FAR 16.603. All of
the relevant requirements of FAR 16.603 apply to NTP's including FAR
16.603-2, 16.603-3, and 16.603-4, and an NTP will include all
appropriate FAR and EPAAR contract clauses. An NTP should also include
an overall price ceiling and be as complete and definite as possible
under the circumstances. To the extent NTPs require modification of any
FAR or EPAAR prescribed procedures or clauses, an appropriate FAR or
EPAAR deviation will be prepared.
(2) The EPA FCS 1102 contracting officer or duly authorized EPA on-
scene coordinator with a delegation of procurement authority shall
include in each NTP the clauses required by the FAR or EPAAR for the
type of definitive contract contemplated and any additional clauses
known to be appropriate for it. In addition, the following clauses must
be inserted in the solicitation (if one is issued) and the NTP when an
NTP is used:
(i) The clause at FAR 52.216-23, Execution and Commencement of Work,
except that the term on-scene coordinator may be used in place of the
term contracting officer;
(ii) The clause at FAR 52.216-24, Limitation of Government
Liability, with dollar amounts completed in a manner consistent with FAR
16.603-2(d); and
(iii) The clause at FAR 52.216-25, Contract Definitization, with its
paragraph (b) completed in a manner consistent with FAR 16.603-2(c) or
any applicable FAR deviation. The clause at FAR 52.216-26, Payment of
Allowable Costs Before Definitization, shall also be included in a
solicitation (if one is issued) and NTPs if a cost-reimbursement
definitive contract is contemplated.
(3) Each NTP shall, as required by the clause at FAR 52.216-25,
Contract Definitization, contain a negotiated definitization schedule
that includes:
(i) Dates for submission of the contractor's price proposal,
required cost and pricing data, and if required, make-or-buy and
subcontracting plans;
(ii) The date for the start of negotiations; and
(iii) A target date for definitization which shall be the earliest
practicable date for definitization (an NTP must be definitized by an
EPA FCS 1102 contracting officer). The schedule will provide for
definitization of the NTP within 90 calendar days after the date of the
NTP award. However, the EPA FCS 1102 contracting officer may, in extreme
cases and according to agency
[[Page 38]]
procedures, authorize an additional period. If, after exhausting all
reasonable efforts, the EPA FCS 1102 contracting officer and the
contractor cannot negotiate a definitive contract because of failure to
reach agreement as to price or fee, the clause at 52.216-25 requires the
contractor to proceed with the work and provides that the contracting
officer may, with the approval of the head of the contracting activity,
determine a reasonable price or fee in accordance with subpart 15.4 and
part 31 of the FAR, subject to appeal as provided in the Disputes
clause.
(4) The maximum liability of the Government inserted in the clause
at 52.216-24, Limitation of Government Liability, shall, as approved by
the official who authorized the NTP, be the estimated amount necessary
to cover the contractor's requirements for funds to complete the work to
be performed under the NTP. However, it shall not exceed the estimated
cost of the definitive contract.
(c) Are there any financial or monetary limitations on the use of an
NTP? In addition to the requirements for issuance of an NTP set forth
elsewhere in this subpart--
(1) The total definitized dollar value of an individual NTP shall
not exceed $200,000.00, and
(2) The applicable Program Office must commit and make available
appropriate funding for the emergency response action taken under the
NTP prior to NTP issuance.
(d) Are there any other procedural requirements for issuance of an
NTP? An NTP must be issued in writing by the EPA FCS 1102 contracting
officer or the duly authorized EPA on-scene coordinator with a
delegation of procurement authority using a Standard Form 33. In
addition, the EPA FCS 1102 contracting officer or the EPA on-scene
coordinator awarding the NTP must ensure that the NTP complies with all
applicable requirements for letter contracts set forth in the FAR and
the requirements of this section, includes all relevant provisions and
clauses, and that all actual or potential conflict of interest or other
contracting issues are identified and resolved prior to NTP issuance. To
assist the EPA on-scene coordinator and EPA FCS 1102 contracting officer
in their responsibilities regarding NTP award, an NTP checklist will be
completed by the EPA FCS 1102 contracting officer or EPA on-scene
coordinator prior to issuance of the NTP.
(e) What happens after an NTP is awarded to a contractor? (1) If an
NTP is issued by a duly authorized EPA on-scene coordinator with a
delegation of procurement authority, he or she must notify the cognizant
EPA FCS 1102 contracting officer of the NTP award, and provide the NTP
checklist to the contracting officer, as soon as possible but in no
event later than the next working day after NTP issuance.
(2) Within 5 working days of the EPA on-scene coordinator's award of
an NTP, the on-scene coordinator shall provide to the cognizant EPA FCS
1102 contracting officer all NTP documents, materials, and information
necessary for the contracting officer to definitize the contract, and
should retain a copy for his/her records. An EPA FCS 1102 contracting
officer will be responsible for definitization of the NTP consistent
with the definitization procedures set forth in this subpart. During the
process of definitizing the NTP, the EPA FCS 1102 contracting officer
will send the contractor the ``Representations, Certifications, and
Other Statements of Offerors'' for completion. The contractor will
complete this information, and any other required information, and
submit it to the EPA FCS 1102 contracting officer prior to
definitization of the NTP.
(f) The CCO, who is authorized by EPAAR 1516.603-3 to make the
determination to use a letter contract, shall make a class determination
and findings authorizing EPA FCS 1102 contracting officers and duly
authorized EPA on-scene coordinators with delegations of procurement
authority to award NTPs pursuant to the conditions set forth in this
subpart.
[66 FR 12900, Mar. 1, 2001]
Sec. 1516.603-3 Limitations.
The CCO is authorized to make the determination in FAR 16.603-3.
[55 FR 24580, June 18, 1990, as amended at 59 FR 18976, Apr. 21, 1994]
[[Page 39]]
PART 1517_SPECIAL CONTRACTING METHODS
Subpart 1517.2_Options
Sec.
Sec. 1517.204 Contracts.
Sec. 1517.207 Exercise of options.
Sec. 1517.208 Solicitation provisions and contract clauses.
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40
U.S.C. 486(c); and 41 U.S.C. 418b.
Source: 49 FR 8854, Mar. 8, 1984, unless otherwise noted.
Subpart 1517.2_Options
Sec. 1517.204 Contracts.
The SCM may approve a contract with a base contract period and
option periods which total in excess of five (5) years, unless otherwise
prohibited by statute.
[60 FR 12713, Mar. 8, 1995, as amended at 67 FR 5072, Feb. 4, 2002]
Sec. 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 timeframe
established in the contract waives the Government's right to
unilaterally exercise the option and requires the negotiation of a
bilateral contract modification in order to extend the period of
performance, where such an extension is authorized.
(b) When the term of the service contract coincides with the fiscal
year and delays in receipt of authority to obligate funds for the new
fiscal year are anticipated, the Contracting Officer, if the contract so
provides (see FAR 17.204(d)), may, within 60 days after the end of the
fiscal year, unilaterally exercise an option to extend the term of the
contract. The option may be exercised only if funds become available
within the 60-day period. In the event that sufficient funding is not
available within the 60 day period, the Government waives the right to
exercise the option, thereby rendering any additional requirements
subject to full and open competition requirements.
(c) The Contracting Officer, if the contract so provides, may,
subject to the conditions in FAR 17.204(d), 32.703-2, and 32.705-1(a),
exercise an option contingent upon the availability of funds. To
exercise such an option, the contract must contain the clause in FAR
52.232-18, Availability of Funds. Under no circumstances shall any
action be taken which could be construed as creating a legal liability
on the part of the Government until a formal notice of availability of
funds in the form of a contract modification has been issued by the
Contracting Officer.
[49 FR 8854, Mar. 8, 1984, as amended at 50 FR 14359, Apr. 11, 1985]
Sec. 1517.208 Solicitation provisions and contract clauses.
(a) The Contracting Officer shall insert the clause at 1552.217-71,
Option To Extend the Term of the Contract--Cost-Type Contract, when
applicable.
(b) 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.
(c) The Contracting Officer shall insert the clause at 1552.217-73,
Option for Increased Quantity--Cost-Type Contract, when applicable.
(d) The Contracting Officer shall insert the clause at 1552.217-74,
Option for Increased Quantity--Cost-Plus-Award-Fee Contract, when
applicable.
(e) 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.
(f) 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.
(g) The Contracting officer shall insert the clause at 1552.217-77,
Option to Extend the Term of the Contract--Fixed Price, when applicable.
[49 FR 8854, Mar. 8, 1984, as amended at 65 FR 58923, Oct. 3, 2000]
[[Page 40]]
SUBCHAPTER D_SOCIOECONOMIC PROGRAMS
PART 1519_SMALL BUSINESS PROGRAMS
Subpart 1519.2_Policies
Sec.
Sec. 1519.201 Policy.
Sec. 1519.201-71 Director of Small and Disadvantaged Business
Utilization.
Sec. 1519.201-72 Small and disadvantaged business utilization
specialists.
Sec. 1519.202-5 Data collection and reporting requirements.
Sec. 1519.203 Mentor-protege.
Sec. 1519.204 Small disadvantaged business participation.
Subpart 1519.5_Set-Asides for Small Business
Sec. 1519.501 Review of acquisitions.
Sec. 1519.503 Class set-aside for construction.
Subpart 1519.6--Certificates of Competency and Determinations of
Eligibility [Reserved]
Subpart 1519.7_Subcontracting with Small Business and Small
Disadvantaged Business Concerns
Sec. 1519.705-2 Determining the need for a subcontract plan.
Sec. 1519.705-4 Reviewing the subcontracting plan.
Sec. 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).
Source: 49 FR 8855, Mar. 8, 1984, unless otherwise noted.
Editorial Note: Nomenclature changes to part 1519 appear at 61 FR
57338, Nov. 6, 1996.
Subpart 1519.2_Policies
Sec. 1519.201 Policy.
Each program's Assistant or Associate Administrator shall be
responsible for developing its socioeconomic goals on a fiscal year
basis. The goals shall be developed in collaboration with the supporting
Chiefs of Contracting Offices and the local Small Business Specialist
(SBS), and the Office of Small and Disadvantaged Business Utilization
(OSDBU). The goals will be based on advance procurement plans and past
performance. The goals shall be submitted to the Director, OSDBU, at
least thirty (30) days prior to the start of the fiscal year.
[49 FR 8855, Mar. 8, 1984, as amended at 61 FR 57338, 57339, Nov. 6,
1996]
Sec. 1519.201-71 Director of Small and Disadvantaged Business
Utilization.
The Director, OSDBU, provides guidance and advice, as appropriate,
to Agency program and contracts officials on small and small
disadvantaged business programs. The Director, OSDBU, is the central
point of contact for inquiries concerning the small and disadvantaged
business programs from industry, the Small Business Administration
(SBA), and the Congress, and shall advise the Administrator and staff of
such inquiries as required. The Director, OSDBU, shall represent the
Agency in the negotiations with the other Government agencies on small
and small disadvantaged business matters.
[49 FR 8855, Mar. 8, 1984. Redesignated at 62 FR 57338, 57339, Nov. 6,
1997]
Sec. 1519.201-72 Small and disadvantaged business utilization
specialists.
(a) Small Business Specialists (SBS) shall be appointed in writing
for each contracting office. The SBS will normally be appointed from
members of staffs of the appointing authority. The SBS is
administratively responsible directly to the appointing authority and,
on matters relating to small and small disadvantaged business program
activities, receives technical guidance from the Director, OSDBU. The
appointing authorities are the Chiefs of the Contracting Offices.
(b) A copy of each appointment and termination of all SBS
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 SBS shall
perform such additional functions as may be prescribed from time to time
in furtherance of overall small and
[[Page 41]]
small disadvantaged business utilization program goals. The SBS may be
appointed on either a full- or part-time basis; however, when appointed
on a part-time basis, the small business duty shall take precedence over
collateral responsibilities.
(c) The SBS appointed pursuant to paragraph (a) of this section,
shall perform the following duties as appropriate:
(1) Maintain a program designed to locate capable small business
sources for current and future acquisitions;
(2) Coordinate inquiries and requests for advice from small and
small disadvantaged business concerns on acquisition matters;
(3) Review all proposed solicitations in excess of the simplified
acquisition threshold, assure that small business concerns will be
afforded an equitable opportunity to compete, and, as appropriate,
initiate recommendations for small business set-asides, or offers of
requirements to the 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
competency, size classification, and any other matter concerning the
small or small disadvantaged business programs.
[49 FR 8855, Mar. 8, 1984, as amended at 55 FR 24579, June 18, 1990.
Redesignated and amended at 61 FR 57338, 57339, Nov. 6, 1996]
Sec. 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
[[Page 42]]
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.
Sec. 1519.203 Mentor-protege.
(a) The Contracting officer shall insert the clause at 1552.219-70,
Mentor-Protege Program, in all contracts under which the Contractor has
been approved to participate in the EPA Mentor-Protege Program.
(b) The Contracting officer shall insert the provision at 1552.219-
71, Procedures for Participation in the EPA Mentor-Protege Program, in
all solicitations valued at $500,000 or more which will be cost-plus-
award-fee or cost-plus fixed-fee contracts.
[65 FR 58923, Oct. 3, 2000]
Sec. 1519.204 Small disadvantaged business participation.
(a) The Contracting officer shall insert the provision at 1552.219-
72, Small Disadvantaged Business Participation Program, or a provision
substantially the same as 1552.219-72, in solicitations for acquisitions
subject to FAR 19.12 that will evaluate the extent of the participation
of Small Disadvantaged Business (SDB) concerns in the performance of a
resulting contract.
(b) The Contracting officer shall insert the clause at 1552.219-73,
Small Disadvantaged Business Targets, or one substantially the same as
1552.219-73, in solicitations and contracts for acquisitions subject to
FAR 19.12 that evaluate the extent of participation of SDB concerns in
the performance of the contract and which included solicitation
provision 1552.219-72.
(c) The Contracting officer shall insert the evaluation provision at
1552.219-74, Small Disadvantaged Business Participation Evaluation
Factor, (and assign a value to it), or one substantially the same as
1552.219-74, in solicitations for acquisitions subject to FAR 19.12 that
include the provision at 1552.219-72 and will evaluate the extent of
participation of SDB concerns in the performance of the contract.
[65 FR 58923, Oct. 3, 2000]
Subpart 1519.5_Set-Asides for Small Business
Sec. 1519.501 Review of acquisitions.
(a) If no Small Business Administration (SBA) representative is
available, the Small Business Specialist (SBS) shall initiate
recommendations to the Contracting Officer for small business set-asides
with respect to individual acquisitions or classes of acquisitions or
portions thereof.
(b) When the SBS has recommended that all, or a portion, of an
individual acquisition or class of acquisitions be set aside for small
business, the Contracting Officer shall promptly either: (1) Concur in
the recommendation or (2) disapprove the recommendation, stating in
writing the reasons for disapproval. If the Contracting Officer
disapproves the recommendation of the SBS, the SBS may appeal to the
appropriate appointing authority, whose decision shall be final.
[49 FR 8855, Mar. 8, 1984, as amended at 61 FR 57338, 57339, Nov. 6,
1996]
Sec. 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 [Reserved]
[[Page 43]]
Subpart 1519.7_Subcontracting With Small Business and Small
Disadvantaged Business Concerns
Sec. 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).
Sec. 1519.705-4 Reviewing the subcontracting plan.
In determining the acceptability of a proposed subcontracting plan,
the Contracting Officer shall obtain advice and recommendations from the
OSDBU, which shall in turn coordinate review by the Small Business
Administration Procurement Center Representative (if any).
Sec. 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.
[49 FR 8855, Mar. 8, 1984; 49 FR 24734, June 15, 1984]
PART 1520_LABOR SURPLUS AREA CONCERNS
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Subpart 1520.1--General [Reserved]
Subpart 1520.3--Labor Surplus Area Subcontracting Program [Reserved]
PART 1522_APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
Subpart 1522.1_Basic Labor Policies
Sec.
Sec. 1522.103 Overtime.
Subpart 1522.6_Walsh-Healey Public Contracts Act
Sec. 1522.608 Procedures.
Subpart 1522.8_Equal Employment Opportunity
Sec. 1522.803 Responsibilities.
Sec. 1522.804 Affirmative action programs.
Sec. 1522.804-2 Construction.
Subpart 1522.10--Service Contract Act of 1965 [Reserved]
Subpart 1522.13--Special Disabled and Vietnam Era Veterans [Reserved]
Subpart 1522.14--Employment of the Handicapped [Reserved]
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 49 FR 8857, June 15, 1984, unless otherwise noted.
Subpart 1522.1_Basic Labor Policies
Sec. 1522.103 Overtime.
Subpart 1522.6_Walsh-Healey Public Contracts Act
Sec. 1522.608 Procedures.
Subpart 1522.8_Equal Employment Opportunity
Sec. 1522.803 Responsibilities.
If the applicability of E.O. 11246 and implementing regulations are
questioned, the Contracting Officer shall route the matter through the
CCO to the EPA Office of Civil Rights.
[49 FR 8857, June 15, 1984, as amended at 55 FR 24579, June 18, 1990; 59
FR 18976, Apr. 21, 1994]
Sec. 1522.804 Affirmative action programs.
Sec. 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 can be obtained from
[[Page 44]]
the Office of Contract Compliance Programs, U.S. Department of Labor.
[49 FR 8857, Mar. 8, 1984; 49 FR 24734, June 15, 1984]
Subpart 1522.10--Service Contract Act of 1965 [Reserved]
Subpart 1522.13--Special Disabled and Vietnam Era Veterans [Reserved]
Subpart 1522.14--Employment of the Handicapped [Reserved]
PART 1523_ENVIRONMENTAL, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE
Subpart 1523.3_Hazardous Material and Material Safety Data
Sec.
Sec. 1523.303 Contract clause.
Sec. 1523.303-70 Protection of human subjects.
Sec. 1523.303-71 Decontamination of Government-furnished property.
Sec. 1523.303-72 Care of laboratory animals.
Subpart 1523.7_Contracting for Environmentally Preferable Products and
Services
Sec. 1523.703 Policies and procedures.
Sec. 1523.703-1 Acquisition of environmentally preferable meeting and
conference services.
Subpart 1523.70_Energy-Efficient Computer Equipment
Sec. 1523.7000 Background.
Sec. 1523.7001 Policy.
Sec. 1523.7002 Waivers.
Sec. 1523.7003 Contract clause.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 49 FR 8857, Mar. 8, 1984, unless otherwise noted.
Subpart 1523.3_Hazardous Material and Material Safety Data
Sec. 1523.303 Contract clause.
Sec. 1523.303-70 Protection of human subjects.
Contracting Officers shall insert the contract clause at 1552.223-70
when the contract involves human test subjects.
Sec. 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 or
Contractor-acquired property in the clean-up of hazardous or toxic
substances in the environment.
Sec. 1523.303-72 Care of laboratory animals.
Contracting officers shall insert the clause at 1552.223-72, Care of
Laboratory Animals, in all contracts involving the use of experimental
animals.
[65 FR 58923, Oct. 3, 2000]
Subpart 1523.7_Contracting for Environmentally Preferable Products and
Services
Source: 72 FR 18403, May 1, 2007, unless otherwise noted.
Sec. Sec. 1523.703 Policies and procedures.
Sec. Sec. 1523.703-1 Acquisition of environmentally preferable meeting
and conference services.
(a) Scope. This section establishes policy and procedures for
acquiring environmentally preferable meeting and conference services.
For purposes of this section, the term ``contracting officer'' refers to
any EPA employee with purchasing authority. For the purposes of this
section, the term ``meeting and conference services'' refers to any
purchase by an EPA employee of the use of off-site commercial facilities
for an EPA event, whether the event is a meeting, conference, training
session, or other purpose.
(b) Policy. Contracting officers must purchase environmentally
preferable
[[Page 45]]
meeting and conference services to the greatest extent practicable.
Environmental preferability is defined at FAR 2.101. Environmental
preferability shall be considered in all purchases of meeting and
conference services.
(c) Procedures for micropurchases. The contracting officer shall
request information on environmentally preferable features and practices
from each meeting and conference services vendor solicited using the
provision or language substantially the same as the provision at
1552.223-71.
(d) Procedures for purchases exceeding micropurchase threshold. The
contracting officer shall request information on environmentally
preferable features and practices from each meeting and conference
services vendor using the provision or language substantially the same
as the provision at 1552.223-71, and shall notify vendors that basis for
award will be best value with price and other factors considered.
Environmental preferability must be considered among the other factors.
The contracting officer shall determine the relative importance of price
and other factors as appropriate to the acquisition.
(e) Contractor support for meetings and conferences. A contract,
order, work assignment or purchasing agreement that includes contractor
support for meeting and conference planning and logistics must include a
green meeting and conference requirement. The contracting officer shall
ensure language is included in the tasking document work statement that
requires the contractor to use the provision at 1552.223-71, or language
approved by the contracting officer that is substantially the same as
the provision, when soliciting quotes or offers for meeting and
conference services on behalf of the EPA.
(f) Solicitation Provision. The contracting officer shall insert the
provision or language substantially the same as the provision at
1552.223-71, EPA Green Meetings and Conferences, in solicitations for
meeting and conference services. Contracting officers issuing an oral
solicitation must also use the provision, though it may be provided to
the vendor orally or electronically. Contractors soliciting quotes or
offers for meeting and conference services on behalf of EPA shall use
the provision, or language approved by the contracting officer that is
substantially the same as the provision.
Subpart 1523.70_Energy-Efficient Computer Equipment
Source: 61 FR 14506, Apr. 2, 1996, unless otherwise noted.
Sec. 1523.7000 Background.
(a) Executive Order 12845 requires the Federal Government to
purchase only microcomputers, including personal computers, monitors and
printers, which meet ``EPA Energy Star'' requirements for energy
efficiency. This equipment is often identified by the Energy
StarTM logo and is capable of entering and recovering from an
energy-efficient low power state.
(b) The EPA Energy Star Computer Program is a voluntary partnership
effort with the computer industry to promote the introduction of energy-
efficient personal computers, monitors, and printers which can reduce
air pollution caused by utility power generation, and ease the burden on
building air conditioning and electrical systems. The Energy Star
Program is designed to be a self-certifying computer industry program,
policed informally by the computer industry itself.
(c) FIRMR Bulletin C-35 (dated 11/19/93) describes procedures that
will promote the acquisition of energy-efficient microcomputers and
associated computer equipment.
Sec. 1523.7001 Policy.
(a) The ``Energy Star'' Executive Order (E.O. 12845) applies to the
following equipment:
(1) Personal Computers (stand-alone).
(2) Personal Computers (end-user on network).
(3) Notebook and other portable computers.
(4) PC printers - laser, inkjet or dot matrix (stand-alone or
networked).
(5) High-speed printers used on a PC network (less than
approximately 20 pages per minute).
(6) Monitors (CRT or Flat-panel LCD).
[[Page 46]]
(b) ``Energy Star'' requirements do not apply to the following
equipment:
(1) Workstations.
(2) File servers.
(3) Mainframe equipment.
(4) Minicomputers.
(5) High-speed printers used with mainframe computers (30 or more
pages per minute).
(6) Mainframe or ``dumb'' terminals.
(7) X-terminals.
(c) All new acquisitions for microcomputers, including personal
computers, monitors, and printers, shall contain specifications which
meet EPA Energy Star requirements for energy efficiency unless a waiver
has been obtained in accordance with internal Agency procedures. The EPA
Energy Star requirement applies in instances where the Contracting
Officer authorizes the contractor to acquire property in accordance with
FAR 45.302-1.
(d) The Energy Star requirement also applies to all applicable
equipment ordered from GSA Schedule Contracts, open market buys, and
Bankcard purchases.
Sec. 1523.7002 Waivers.
(a) There are several types of computer equipment which technically
fall under the current Energy Star Program, but for which EPA
established blanket waivers because Energy Star compliant versions of
this equipment were unavailable in the marketplace. Blanket waivers
apply to the following types of equipment:
(1) LAN servers, including file servers; application servers;
communication servers; including bridges and routers;
(2) UNIX RISC based processors with their high-end monitors;
(3) Large LAN printers (greater than 19 pages/minute output); and
(4) Scientific computing equipment which is used for real-time data
acquisition and which, if subjected to a power down mode, would
jeopardize the research project.
(b) It is anticipated that there will be Energy Star models of this
equipment in the future, but in the near term EPA will not specify
Energy Star qualifications when purchasing the items listed in this
section.
Sec. 1523.7003 Contract clause.
(a) Rehabilitation Act Notice.
Contracting officers shall insert the clause at 1552.239-70,
Rehabilitation Act Notice, or one substantially the same as this clause,
in all solicitations and contracts where the contractor may be required
to provide any type of support to EPA in connection with EPA programs
and activities, including conferences, symposia, workgroups, meetings,
etc.
(b) The Contracting Officer shall insert a clause substantially the
same as 48 CFR 1552.239-103, Acquisition of Energy Star Compliant
Microcomputers, Including Personal Computers, Monitors, and Printers, in
all solicitations and contracts for the acquisition of microcomputers,
including personal computers, monitors and printers. The Contracting
Officer shall also insert the clause in solicitations and contracts
where the Contracting Officer authorizes the contractor to acquire
property in accordance with FAR 45.302-1.
[61 FR 14506, Apr. 2, 1996, as amended at 65 FR 58923, Oct. 3, 2000]
PART 1524_PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
Subpart 1524.1_Protection of Individual Privacy
Sec.
Sec. 1524.104 Solicitation provisions.
Subpart 1524.2--Freedom of Information Act [Reserved]
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Subpart 1524.1_Protection of Individual Privacy
Sec. 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.
[49 FR 8858, Mar. 8, 1984]
[[Page 47]]
Subpart 1524.2--Freedom of Information Act [Reserved]
PART 1525_FOREIGN ACQUISITION
Subpart 1525.1--Buy American Act--Supplies [Reserved]
[[Page 48]]
SUBCHAPTER E_GENERAL CONTRACTING REQUIREMENTS
PART 1527_PATENTS, DATA, AND COPYRIGHTS
Subpart 1527.4_Rights in Data and Copyrights
Sec.
Sec. 1527.404 Basic rights in data clause.
Sec. 1527.409 Solicitation provisions and contract clauses.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Subpart 1527.4_Rights in Data and Copyrights
Sec. 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 a foreign government, or instrumentality thereof, as
the interests of the United States Government may require, for
information or evaluation, or for emergency repair or overhaul work by
such government.
[55 FR 48623, Nov. 21, 1990]
Sec. 1527.409 Solicitation provisions and contract clauses.
The Contracting Officer shall insert the clause in 1552.227-76 in
all Superfund solicitations and contracts in excess of the simplified
acquisition threshold and, as appropriate, in simplified acquisition
procedures. The clause may be used in other contracts if considered
necessary by the Contracting Officer.
[59 FR 18620, Apr. 19, 1994, as amended at 61 FR 57339, Nov. 6, 1996]
PART 1528_INSURANCE
Subpart 1528.1_Insurance
Sec. 1528.101 Insurance liability to third persons.
Contracting officers shall insert the clause at 1552,228-70,
Insurance Liability to Third Persons, in cost-reimbursement
solicitations and contracts, except those for construction and
architect-engineer services. Note: This clause may be used in contracts
awarded utilizing architect-engineer services such as requirements for
Superfund cleanups (e.g., response action contracts). The clause does
not apply to Superfund indemnification for third party pollution
liability or coverage for commercial pollution liability insurance as
prescribed by section 119 of CERCLA as amended by SARA.
[65 FR 58923, Oct. 3, 2000]
PART 1529_TAXES
Subpart 1529.3_State and Local Taxes
Sec.
Sec. 1529.303 Application of State and local taxes to Government
contractors and subcontractors.
Subpart 1529.4_Contract Clauses
Sec. 1529.401 Domestic contracts.
Sec. 1529.401-70 [Reserved]
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 54 FR 49998, Dec. 4, 1989, unless otherwise noted.
Subpart 1529.3_State and Local Taxes
Sec. 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
[[Page 49]]
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_Contract Clauses
Sec. 1529.401 Domestic contracts.
Sec. 1529.401-70 [Reserved]
PART 1530_COST ACCOUNTING STANDARDS
Subpart 1530.3--CAS Contract Requirements [Reserved]
PART 1531_CONTRACT COST PRINCIPLES AND PROCEDURES
Subpart 1531.1--Applicability [Reserved]
PART 1532_CONTRACT FINANCING
Sec.
Sec. 1532.003 Simplified acquisition procedures financing.
Sec. 1532.006 Reduction or suspension of contract payments upon finding
of fraud.
Sec. 1532.006-1 General.
Sec. 1532.006-2 Definitions.
Sec. 1532.006-3 Responsibilities.
Subpart 1532.1_General
Sec. 1532.102 Description of contract financing methods.
Sec. 1532.111 Contract clauses.
Sec. 1532.170 Forms.
Subpart 1532.2_Commercial Item Purchase Financing
Sec. 1532.201 Statutory authority.
Subpart 1532.4--Advance Payments [Reserved]
Subpart 1532.8_Assignment of Claims
Sec. 1532.805 Procedure.
Sec. 1532.805-70 Forms.
Subpart 1532.9_Prompt Payment
Sec. 1532.908 Contract clauses.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 49 FR 8858, Mar. 8, 1984, unless otherwise noted.
Sec. 1532.003 Simplified acquisition procedures financing.
(a) Scope. This subpart provides for authorization of advance and
interim payments on commercial item orders not exceeding the simplified
acquisition threshold. Advance payments are payments that are made prior
to performance. Interim payments are payments that are made during the
order period according to a payment schedule.
(b) Procedures for micropurchases. Contracting officers may
authorize advance and interim payments on orders for commercial items
only at or below the micropurchase threshold.
(c) Procedures for purchases exceeding micropurchase threshold.
Contracting officers must secure approval at one level above the
contracting officer, on a case-by-case basis, for advance and interim
payments on orders for commercial items exceeding the micropurchase
threshold and not exceeding the simplified acquisition threshold. The
contracting officer shall submit a recommendation for approval of
financing terms, along with the supporting rationale for the action, to
one level above the contracting officer. Remote simplified acquisition
contracting officers (SACO) without one level above contracting officers
at their locations shall forward recommendations through their OAM
Advisors to secure one level above approval.
(d) Supporting rationale. Regardless of dollar value, the
contracting officer shall document the file with supporting rationale
demonstrating that the purchase meets the conditions of FAR 32.202-
1(b)(1), (3) and (4).
(e) Administration. Regardless of dollar value, the contracting
officer is responsible for ensuring that supplies or services have been
delivered. The contracting officer shall document the file with evidence
of receipt of supplies or services throughout the order period as
appropriate to the acquisition.
(f) Clause. The contracting officer shall insert the clause at
1552.232-74, Payments--Simplified Acquisition Procedures Financing, in
solicitations and
[[Page 50]]
orders that will provide simplified acquisition procedures financing.
[71 FR 32283, June 5, 2006]
Sec. 1532.006 Reduction or suspension of contract payments upon
finding of fraud.
Sec. 1532.006-1 General.
(a)-(b) [Reserved]
(c) Agency responsibilities and determinations under FAR 32.006 are,
consistent with FAR 32.006-1(c), delegated to the Head of the
Contracting Activity, if that individual is not below Level IV of the
Executive Schedule. If the Head of the Contracting Activity is below
Level IV of the Executive Schedule, then Agency responsibilities and
determinations under FAR 32.006 are delegated to the Assistant
Administrator for Administration and Resources Management.
[65 FR 37292, June 14, 2000]
Sec. 1532.006-2 Definitions.
The Remedy Coordination Official for EPA is the Assistant Inspector
General for Investigations.
[65 FR 37292, June 14, 2000]
Sec. 1532.006-3 Responsibilities.
(a) EPA shall use the procedures in FAR 32.006-4 when determining
whether to reduce or suspend further payments to a contractor when there
is a report from the Remedy Coordination Official finding substantial
evidence that the contractor's request for advance, partial or progress
payments is based on fraud and recommending that the Agency reduce or
suspend such payments to the contractor.
(b) [Reserved]
[65 FR 37292, June 14, 2000]
Subpart 1532.1_General
Sec. 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.
[60 FR 38505, July 27, 1995]
Sec. 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.
Sec. 1532.170 Forms.
(a) EPA Form 1900-10 Contractor's Cumulative Claim and
Reconciliation, at 1553.232-74, shall be used for an accounting of the
cumulative charges and costs for cost-reimbursement contracts from
inception of the contract to completion. It shall be submitted by the
Contractor upon submission of the completion voucher.
(b) EPA Form 1900-68, Notice of Contract Costs Suspended and/or
Disallowed, at 1553.232-75, shall be inserted in all cost-reimbursement
type and fixed-rate type contracts.
[49 FR 8858, Mar. 8, 1984, as amended at 61 FR 29317, June 10, 1996]
Subpart 1532.2_Commercial Item Purchase Financing
Sec. 1532.201 Statutory authority.
Authority for making the determination under FAR 32.201 is delegated
to a level above the Contracting Officer.
[61 FR 57339, Nov. 6, 1996]
Subpart 1532.4--Advance Payments [Reserved]
Subpart 1532.8_Assignment of Claims
Sec. 1532.805 Procedure.
Sec. 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
[[Page 51]]
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, Contractor's Release, at 1553.232-73 must be
submitted by the Contractor prior to final payment under cost-
reimbursement contracts.
Subpart 1532.9_Prompt Payment
Sec. 1532.908 Contract clauses.
The Contracting Officer shall insert a clause substantially the same
as that at 1552.232-70 in all solicitations and contracts for cost
reimbursable acquisitions. If a fixed-rate type contract is
contemplated, the Contracting Officer shall use the clause with its
Alternate I.
[61 FR 29317, June 10, 1996]
PART 1533_PROTESTS, DISPUTES AND APPEALS
Subpart 1533.1_Protests
Sec.
Sec. 1533.103 Protests to the Agency.
Subpart 1533.2_Disputes and Appeals
Sec. 1533.203 Applicability.
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40
U.S.C. 486(c); and 41 U.S.C. 418b.
Source: 50 FR 14359, Apr. 11, 1985, unless otherwise noted.
Subpart 1533.1_Protests
Sec. 1533.103 Protests to the Agency.
Protests to the Agency are processed pursuant to the requirements of
FAR 33.103. Contracting Officers must include in every solicitation the
provision at 1552.233-70, Notice of Filing Requirements for Agency
Protests.
[64 FR 17110, Apr. 8, 1999]
Subpart 1533.2_Disputes and Appeals
Sec. 1533.203 Applicability.
The Civilian Board of Contract Appeals (CBCA) will hear appeals from
final decisions of EPA Contracting Officers issued pursuant to the
Contracts Disputes Act. The rules and regulations of the CBCA appear in
48 CFR Chapter 61.
[73 FR 1981, Jan. 11, 2008]
[[Page 52]]
SUBCHAPTER F_SPECIAL CATEGORIES OF CONTRACTING
PART 1535_RESEARCH AND DEVELOPMENT CONTRACTING
Sec.
Sec. 1535.007 Solicitations.
Sec. 1535.007-70 Contract clauses.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Sec. 1535.007 Solicitations.
(a) Contracting officers shall insert 48 CFR 1552.235-73, Access to
Federal Insecticide, Fungicide, and Rodenticide Act Confidential
Business Information, in all solicitations when the contracting officer
has determined that EPA may furnish the contractor with confidential
business information which EPA had obtained from third parties under the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et
seq.).
(b) Contracting officers shall insert 48 CFR 1552.235-75, Access to
Toxic Substances Control Act Confidential Business Information, in all
solicitations when the contracting officer has determined that EPA may
furnish the contractor with confidential business information which EPA
had obtained from third parties under the Toxic Substances Control Act
(15 U.S.C. 2601 et seq.).
[62 FR 38477, July 18, 1997]
Sec. 1535.007-70 Contract clauses.
The following clauses are prescribed for research and development
(R&D) contracts. They may also be used in other than R&D contracts when
applicable (see 1537.110).
(a) The Contracting Officer shall insert the contract clause at
1552.235-70, Screening Business Information for Claims of
Confidentiality, in contracts when the Contracting Officer has
determined that during performance of this contract, the Contractor may
be required to collect information to perform the work required under
this contract. Some of the information may consist of trade secrets or
commercial or financial information that would be considered as
proprietary or confidential by the business that has the right to the
information.
(b) The Contracting Officer shall insert the clause at 48 CFR
1552.235-71, Treatment of Confidential Business Information, in
solicitations and contracts when the Contracting Officer has determined
that in the performance of the contract, EPA may furnish confidential
business information to the contractor obtained from third parties under
the Clean Air Act (42 U.S.C. 7401 et seq.), the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water Act (42
U.S.C. 300f et seq.), the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.), the Resource Conservation and Recovery Act (42
U.S.C. 301 et seq.), the Federal Insecticide, Fungicide and Rodenticide
Act (7 U.S.C. 136 et seq.), the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), and the
provision at 48 CFR 1552.235-70, Release of Contractor Confidential
Business Information. EPA regulations on confidentiality of business
information in 40 CFR part 2, subpart B require that the contractor
agree to the clause entitled ``Treatment of Confidential Business
Information'' before any confidential business information may be
furnished to the contractor.
(c) The Contracting Officer shall insert the clause at 48 CFR
1552.235-76, Treatment of Confidential Business Information (TSCA), in
solicitations and contracts when the Contracting Officer has determined
that in the performance of the contract, EPA may furnish the contractor
with confidential business information obtained from third parties under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.). EPA
regulations on confidentiality of business information in 40 CFR part 2,
subpart B require that the contractor agree to the clause entitled
``Treatment of Confidential Business Information'' before any
confidential business information may be furnished to the contractor.
(d) The Contracting Officer shall insert the clause at 48 CFR
1552.235-77, Data Security for Federal Insecticide,
[[Page 53]]
Fungicide, and Rodenticide Act, Confidential Business Information, when
the contract involves access to confidential business information
related to the Federal Insecticide, Fungicide, and Rodenticide Act, and
the Treatment of Confidential Business Information clause (48 CFR
1552.235-71) and the Screening Business Information for Claims of
Confidentiality clause (48 CFR 1552.235-70) are included.
(e) The Contracting Officer shall insert the clause at 48 CFR
1552.235-78, Data Security for Toxic Substances Control Act Confidential
Business Information, when the contract involves access to confidential
business information related to the Toxic Substances Control Act, and
the Treatment of Confidential Business Information clause (48 CFR
1552.235-76) and Screening Business Information for Claims of
Confidentiality clause (48 CFR 1552.235-70) are included.
(f) Contracting Officers shall insert the clause 48 CFR 1552.235-79,
Release of Contractor Confidential Business Information, in all
solicitations and contracts in order to authorize the Agency to release
confidential business information under certain circumstances.
(g) Contracting officers shall insert the clause at 1552.235-80,
Access to Confidential Business Information (CBI), in all types of
contracts when it is possible that it will be necessary for the
contractor to have access to CBI during the performance of tasks
required under the contract.
[49 FR 8862, Mar. 8, 1984; 49 FR 24734, June 15, 1984, as amended at 61
FR 14265, Apr. 1, 1996; 61 FR 57339, Nov. 6, 1996; 65 FR 58923, Oct. 3,
2000]
PART 1536_CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
Subpart 1536.2_Special Aspects of Contracting for Construction
Sec.
Sec. 1536.201 Evaluation of contracting performance.
Sec. 1536.209 Construction contracts with architect-engineer firms.
Subpart 1536.5_Contract Clauses
Sec. 1536.521 Specifications and drawings for construction.
Subpart 1536.6_Architect-Engineer Services
Sec. 1536.602 Selection of firms for architect-engineer contracts.
Sec. 1536.602-2 Establishment of evaluation boards.
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40
U.S.C. 486(c); and 41 U.S.C. 418b.
Source: 49 FR 8863, Mar. 8, 1984, unless otherwise noted.
Subpart 1536.2_Special Aspects of Contracting for Construction
Sec. 1536.201 Evaluation of contracting 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 or unsatisfactory performance to
the reviewing official, the Contracting Officer will advise the
contractor of any proposed unsatisfactory rating (see FAR 36.201(a)(3)).
(c) The official at one level above the Contracting Officer will
review each performance report.
(d) The Contracting Officer will forward the original of the
performance report to the Quality Assurance Branch, Office of
Acquisition Management. The Quality Assurance Section will file the form
in the contractor performance evaluation files which it maintains.
(e) The Quality Assurance Branch will review the report when it is
received and compare it with recent evaluations of that contractor. If
the Quality Assurance 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
[[Page 54]]
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.
[49 FR 8863, Mar. 8, 1984, as amended at 59 FR 18977, Apr. 21, 1994]
Sec. 1536.209 Construction contracts with architect-engineer firms.
(a) The provisions of FAR 36.209 do not apply to subcontractors
performing treatability studies.
(b) The provisions of FAR 36.209 also do not apply to subcontractors
whose input during the design phase does not substantially affect the
course of the design work.
(c) Approval under FAR 36.209 is not required for subcontractors
under paragraph (a) or (b) of this section. Approval for all other
subcontractors and prime contractors may be granted by the CCO. In
reviewing requests for approval, the RAD shall consider factors such as
the availability of other firms to perform the necessary construction or
Superfund remedial action work, the estimated cost to the Government,
and the policy of the Agency to promote the use of innovative
technology.
[55 FR 49283, Nov. 27, 1990, as amended at 59 FR 18977, Apr. 21, 1994]
Subpart 1536.5_Contract Clauses
Sec. 1536.521 Specifications and drawings for construction.
The Contracting Officer shall insert the clause at 1552.236-70,
Samples and Certificates, in soliciations and contracts when a fixed
price construction contract is expected to exceed the small purchase
limitation. The clause may be inserted in solicitations and contracts
when the contract is expected to be within the small purchase
limitation.
Subpart 1536.6_Architect-Engineer Services
Sec. 1536.602 Selection of firms for architect-engineer contracts.
Sec. 1536.602-2 Establishment of evaluation boards.
(a) The Environmental Protection Agency Architect-Engineer
Evaluation Board is established as a central permanent Board located at
Headquarters EPA under authority delegated to the Director, Office of
Acquisition Management, which may be re-delegated.
(b) The Service Center Manager (SCM) is delegated the authority to
appoint either one or two additional voting members as may be
appropriate for a particular project.
(c) In the event of an emergency or extended absence, a member may
designate, in writing, with the concurrence of the Chairperson, an
alternate experienced in architecture, 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 are
applied in the evaluation process; and
(2) Assuring that actions taken during the evaluation process do not
compromise subsequent procurement actions.
[59 FR 18977, Apr. 21, 1994, as amended at 67 FR 5052, Feb. 4, 2002; 70
FR 61569, Oct. 25, 2005]
PART 1537_SERVICE CONTRACTING
Subpart 1537.1_Service Contracts_General
Sec.
Sec. 1537.110 Solicitation provisions and contract clauses.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 49 FR 8864, Mar. 8, 1984, unless otherwise noted.
[[Page 55]]
Subpart 1537.1_Service Contracts_General
Sec. 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 1552.237-74,
Publicity, in solicitations and contracts pertaining to the removal or
remedial activities under the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA).
(e) 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 (10) or more public
respondents.
(f) To ensure that Agency contracts are administered so as to avoid
creating an improper employer-employee relationship, contracting
officers shall insert the contract clause at 48 CFR 1552.237-76,
``Government-Contractor Relations'', in all solicitations and contracts
for non-personal services that exceed the simplified acquisition
threshold.
[49 FR 8864, Mar. 8, 1984, as amended at 64 FR 30444, June 8, 1999; 70
FR 61569, Oct. 25, 2005]
[[Page 56]]
SUBCHAPTER G_CONTRACT MANAGEMENT
PART 1542_CONTRACT ADMINISTRATION
Subpart 1542.7_Indirect Cost Rates
Sec.
Sec. 1542.703-2 Certificate of indirect costs.
Sec. 1542.705 Final indirect cost rates.
Sec. 1542.705-70 Solicitation and contract clause.
Subpart 1542.12_Novation and Change of Name Agreements
Sec. 1542.1200 Scope of subpart.
Sec. 1542.1202 Responsibility for executing agreements.
Sec. 1542.1203 Processing agreements.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 49 FR 8865, Mar. 8, 1984, unless otherwise noted.
Subpart 1542.7_Indirect Cost Rates
Sec. 1542.703-2 Certificate of indirect costs.
The Head of the Contracting Activity may waive the certification
requirement set forth in FAR 42.703-2.
[61 FR 57339, Nov. 6, 1996]
Sec. 1542.705 Final indirect cost rates.
(a) 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.
(b) Contracting officers shall insert the clause at 1552.242-72,
Financial Administrative Contracting officers (FACO), in cost-
reimbursement contracts when the Environmental Protection Agency (EPA)
is the cognizant federal agency and a FACO will be assigned.
[49 FR 8865, Mar. 8, 1984, as amended at 65 FR 58924, Oct. 3, 2000]
Sec. 1542.705-70 Solicitation and contract clause.
The Contracting Officer shall insert the clause in 1552.242-70,
Indirect Costs, in solicitations and contracts where indirect costs
apply, unless contracting with an educational institution where there
are approved predetermined final indirect cost rates.
[62 FR 33573, June 20, 1997]
Subpart 1542.12_Novation and Change of Name Agreements
Sec. 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.
Sec. 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, Policy, Training
and Oversight Division (POTD).
(b) To avoid duplication of effort on the part of EPA contracting
offices in preparing and executing agreements to recognize a change of
name or successor in interest, only one supplemental agreement will be
prepared to effect necessary changes for all contracts between EPA and
the Contractor involved. The Chief of the Procurement Policy Branch,
Policy, Training and Oversight Division (PTOD), will, in each case,
designate the Contracting Office responsible for taking all necessary
and appropriate action with respect to either recognizing or not
recognizing a successor in interest, or recognizing a change of name
agreement.
[49 FR 8865, Mar. 8, 1984, as amended at 55 FR 24580, June 18, 1990; 59
FR 18977, Apr. 21, 1994]
Sec. 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.
[[Page 57]]
(3) Draft and execute a supplemental agreement to one of the
contracts affected but covering all applicable outstanding and
incomplete contracts affected by the transfer of assets or change of
name. A supplemental agreement number need not be obtained for contracts
other than for the one under which the supplemental agreement is
written. The supplemental agreement will contain a list of the contracts
affected and, for distribution purposes, the names and addresses of the
contracting offices having contracts subject to the supplemental
agreement.
(b) Agreements and supporting documents covering successors in
interest shall be reviewed for legal sufficiency by legal counsel.
(c) After execution of the supplemental agreement, the designated
office shall forward an authenticated copy of the supplemental agreement
to the Director, Policy, Training and Oversight Division, and to each
affected contract office.
[49 FR 8865, Mar. 8, 1984, as amended at 59 FR 18977, Apr. 21, 1994]
PART 1545_GOVERNMENT PROPERTY
Subpart 1545.1_General
Sec.
Sec. 1545.106 Government property clauses.
Subpart 1545.3_Providing Government Property to Contractors
Sec. 1545.309 Providing Government production and research property
under special restrictions.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c).
Source: 49 FR 8866, Mar. 8, 1984, unless otherwise noted.
Subpart 1545.1_General
Sec. 1545.106 Government property clauses.
(a) In accordance with 1523.303-71, the Contracting Officer shall
insert the contract clause at 1552.245-70 when it is anticipated that a
Contractor will use Government-furnished or Contractor-acquired property
in the cleanup of hazardous or toxic substances in the environment.
(b) The Contracting Officer shall insert the contract clause at
1552.245-71, Government-Furnished Data, in any contract in which the
Government is to furnish data to the Contractor. The data to be provided
shall be identified in the clause.
(c) The Contracting Officer shall insert the contract clause at
1552.245-72, Fabrication or Acquisition of Nonexpendable Property, in
all cost-reimbursement type contracts or contracts with cost-
reimbursement portions.
(d) Contracting officers shall insert the clause at 1552.245-73,
Government Property, in all cost-type solicitations and contracts
regardless of whether Government Property is initially provided, and in
all fixed-price solicitations and contracts whenever Government
furnished property is provided.
[49 FR 8866, Mar. 8, 1984; 49 FR 24734, June 15, 1984, as amended at 65
FR 58924, Oct. 3, 2000]
Subpart 1545.3_Providing Government Property to Contractors
Sec. 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.
[[Page 58]]
PART 1546_QUALITY ASSURANCE
Subpart 1546.7_Warranties
Sec.
Sec. 1546.704 Authority for use of warranties.
Authority: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c);
and 41 U.S.C. 418b.
Subpart 1546.7_Warranties
Sec. 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.
[49 FR 8867, Mar. 8, 1984]
PART 1548_VALUE ENGINEERING [RESERVED]
[[Page 59]]
SUBCHAPTER H_CLAUSES AND FORMS
PART 1552_SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 1552.2_Texts of Provisions and Clauses
Sec.
Sec. 1552.203-70 Current/former agency employee involvement
certification.
Sec. 1552.203-71 Display of EPA Office of Inspector General Hotline
Poster.
Sec. 1552.204-70 [Reserved]
Sec. 1552.208-70 Printing.
Sec. 1552.209-70 Organizational conflict of interest notification.
Sec. 1552.209-71 Organizational conflicts of interest.
Sec. 1552.209-72 Organizational conflict of interest certification.
Sec. 1552.209-73 Notification of conflicts of interest regarding
personnel.
Sec. 1552.209-74 Limitation of future contracting.
Sec. 1552.209-75 Annual certification.
Sec. 1552.209-76 Contractor performance evaluations.
Sec. 1552.210-71 [Reserved]
Sec. 1552.210-73--1552.210-74 [Reserved]
Sec. 1552.211-70 Reports of work.
Sec. 1552.211-72 Monthly progress report.
Sec. 1552.211-73 Level of effort--cost-reimbursement term contract.
Sec. 1552.211-74 Work assignments.
Sec. 1552.211-75 Working files.
Sec. 1552.211-76 Legal analysis.
Sec. 1552.211-77 Final reports.
Sec. 1552.211-78 Management consulting services.
Sec. 1552.211-79 Compliance with EPA Policies for Information Resources
Management.
Sec. 1552.211-80 Data standards for the transmission of laboratory
measurement results.
Sec. 1552.213-70 Notice to suppliers of equipment.
Sec. 1552.214-71 Contract award--other factors--formal advertising.
Sec. 1552.215-70 EPA source evaluation and selection procedures--
negotiated procurements.
Sec. 1552.215-71 Evaluation factors for award.
Sec. 1552.215-72 Instructions for the preparation of proposals.
Sec. 1552.215-73 General financial and organizational information.
Sec. 1552.215-74 Advanced understanding--uncompensated time.
Sec. 1552.215-75 Past performance information.
Sec. 1552.215-76 [Reserved]
Sec. 1552.216-70 Award fee.
Sec. 1552.216-71 Date of incurrence of cost.
Sec. 1552.216-72 Ordering--by designated ordering officers.
Sec. 1552.216-73 Fixed rates for services--indefinite delivery/
indefinite quantity contract.
Sec. 1552.216-74 Payment of fee.
Sec. 1552.216-75 Base fee and award fee proposal.
Sec. 1552.216-76 Estimated cost and cost-sharing.
Sec. 1552.216-77 Award term incentive.
Sec. 1552.216-78 Award term incentive plan.
Sec. 1552.216-79 Award term availability of funds.
Sec. 1552.217-70 Evaluation of contract options.
Sec. 1552.217-71 Option to extend the term of the contract--cost-type
contract.
Sec. 1552.217-72 Option to extend the term of the contract--cost-plus-
award-fee contract.
Sec. 1552.217-73 Option for increased quantity--cost-type contract.
Sec. 1552.217-74 Option for increased quantity--cost-plus-award-fee
contract.
Sec. 1552.217-75 Option to extend the effective period of the contract--
time and materials or labor hour contract.
Sec. 1552.217-76 Option to extend the effective period of the contract--
indefinite delivery/indefinite quantity contract.
Sec. 1552.217-77 Option to extend the term of the contract fixed price.
Sec. 1552.219-70 Mentor-Protege Program.
Sec. 1552.219-71 Procedures for participation in the EPA Mentor-Protege
Program.
Sec. 1552.219-72 Small disadvantaged business participation program.
Sec. 1552.219-73 Small disadvantaged business targets.
Sec. 1552.219-74 Small disadvantaged business participation evaluation
factor.
Sec. 1552.223-70 Protection of human subjects.
Sec. 1552.223-71 EPA Green Meetings and Conferences.
Sec. 1552.223-72 Care of laboratory animals.
Sec. 1552.224-70 Social security numbers of consultants and certain sole
proprietors and Privacy Act statement.
Sec. 1552.227-76 Project employee confidentiality agreement.
Sec. 1552.228-70 Insurance liability to third persons.
Sec. 1552.229-70 [Reserved]
Sec. 1552.232-70 Submission of invoices.
Sec. 1552.232-71--1552.232-72 [Reserved]
Sec. 1552.232-73 Payments--fixed rate services contract.
Sec. 1552.232-74 Payments--simplified acquisition procedures financing.
Sec. 1552.233-70 Notice of filing requirements for agency protests.
Sec. 1552.235-70 Screening business information for claims of
confidentiality.
Sec. 1552.235-71 Treatment of confidential business information.
Sec. 1552.235-72 [Reserved]
[[Page 60]]
Sec. 1552.235-73 Access to Federal Insecticide, Fungicide, and
Rodenticide Act Confidential business information (APR 1996).
Sec. 1552.235-74 [Reserved]
Sec. 1552.235-75 Access to Toxic Substances Control Act confidential
business information (APR 1996).
Sec. 1552.235-76 Treatment of confidential business information (APR
1996).
Sec. 1552.235-77 Data Security for Federal Insecticide, Fungicide and
Rodenticide Act Confidential Business Information (DEC 1997).
Sec. 1552.235-78 Data Security for Toxic Substances Control Act
Confidential Business Information (DEC 1997).
Sec. 1552.235-79 Release of contractor confidential business information
(APR 1996).
Sec. 1552.235-80 Access to confidential business information.
Sec. 1552.236-70 Samples and certificates.
Sec. 1552.237-70 Contract publication review procedure.
Sec. 1552.237-71 Technical direction.
Sec. 1552.237-72 Key personnel.
Sec. 1552.237-73 [Reserved]
Sec. 1552.237-74 Publicity.
Sec. 1552.237-75 Paperwork Reduction Act.
Sec. 1552.237-76 Government-Contractor Relations.
Sec. 1552.239-70 Rehabilitation Act notice.
Sec. 1552.239-103 Acquisition of Energy Star compliant microcomputers,
including personal computers, monitors and printers.
Sec. 1552.242-70 Indirect costs.
Sec. 1552.242-72 Financial administrative contracting officer.
Sec. 1552.245-70 Decontamination of government property.
Sec. 1552.245-71 Government-furnished data.
Sec. 1552.245-72 Fabrication or acquisition of nonexpendable property.
Sec. 1552.245-73 Government property.
Authority: 5 U.S.C. 301; Sec. 205(c), 63 Stat. 390, as amended, 40
U.S.C. 486(c); and 41 U.S.C. 418b.
Source: 49 FR 8867, Mar. 8, 1984, unless otherwise noted.
Subpart 1552.2_Texts of Provisions and Clauses
Sec. 1552.203-70 Current/former agency employee involvement
certification.
As prescribed in 1503.670, 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 is [ ] is not [ ] a former regular or special EPA employee
whose EPA employment terminated within one year prior to submission of
this offer (quote).
(b) He does [ ] does not [ ] employ or propose to employ a current/
former regular or special EPA employee whose EPA employment terminated
within one year prior to submission of this offer (quote) and who has
been or will be involved, directly or indirectly, in developing or
negotiating this offer (quote) for the offeror (quoter), or in the
management, administration or performance of any contract resulting from
this offer (quote).
(c) He does [ ] does not [ ] employ or propose to employ as a
consultant or subcontractor under any contract resulting from this offer
(quote) a current/former regular or special EPA employee whose EPA
employment terminated within one year prior to submission of this offer
(quote).
(d) A former regular or special EPA employee whose EPA employment
terminated within one year prior to submission of this offer (quote) or
such former employee's spouse or minor child does [ ] does not [ ] own
or substantially own or control the offeror's (quoter's) firm.
(e) See EPAAR part 1503 for definitions of the terms ``regular'' and
``special employee.''
(End of provision)
[49 FR 8867, Mar. 8, 1984, as amended at 50 FR 14360, Apr. 11, 1985; 65
FR 79784, Dec. 20, 2001]
Sec. 1552.203-71 Display of EPA Office of Inspector General Hotline
poster.
As prescribed in 1503.500-72, insert the following clause in all
contracts valued at $1,000,000 or more including all contract options.
Display of EPA Office of Inspector General Hotline Poster (AUG 2000)
(a) For EPA contracts valued at $1,000,000 or more including all
contract options, the contractor shall prominently display EPA Office of
Inspector General Hotline posters in contractor facilities where the
work is performed under the contract.
(b) Office of Inspector General hotline posters may be obtained from
the EPA Office of Inspector General, ATTN: OIG Hotline (2443), 1200
Pennsylvania Avenue, NW, Washington, DC 20460, or by calling (202) 260-
5113.
(c) The Contractor need not comply with paragraph (a) of this clause
if it has established a mechanism, such as a hotline, by which employees
may report suspected instances of improper conduct, and provided
instructions that encourage employees to make such reports.
[65 FR 57103, Sept. 21, 2000]
[[Page 61]]
Sec. 1552.204-70 [Reserved]
Sec. 1552.208-70 Printing.
As prescribed in 1508.870, insert the following clause:
Printing (DEC 2005)
(a) Definitions.
``Printing'' is the process of composition, plate making, presswork,
binding and microform; or the end items produced by such processes and
equipment. Printing services include newsletter production and
periodicals which are prohibited under EPA contracts.
``Composition'' applies to the setting of type by hot-metal casting,
photo typesetting, or electronic character generating devices for the
purpose of producing camera copy, negatives, a plate or image to be used
in the production of printing or microform.
``Camera copy'' (or ``camera-ready copy'') is a final document
suitable for printing/duplication.
``Desktop Publishing'' is a method of composition using computers
with the final output or generation of camera copy done by a color
inkjet or color laser printer. This is not considered ``printing.''
However, if the output from desktop publishing is being sent to a
typesetting device (i.e., Linotronic) with camera copy being produced in
either paper or negative format, these services are considered
``printing''.
``Microform'' is any product produced in a miniaturized image
format, for mass or general distribution and as a substitute for
conventionally printed material. Microform services are classified as
printing services and includes microfiche and microfilm. The contractor
may make up to two sets of microform files for archival purposes at the
end of the contract period of performance.
``Duplication'' means the making of copies on photocopy machines
employing electrostatic, thermal, or other processes without using an
intermediary such as a negative or plate.
``Requirement'' means an individual photocopying task. (There may be
multiple requirements under a Work Assignment or Delivery Order. Each
requirement would be subject to the photocopying limitation of 5,000
copies of one page or 25,000 copies of multiple pages in the aggregate
per requirement).
``Incidental'' means a draft and/or proofed document (not a final
document) that is not prohibited from printing under EPA contracts.
(b) Prohibition. (1) The contractor shall not engage in, nor
subcontract for, any printing in connection with the performance of work
under this contract. Duplication of more than 5,000 copies of one page
or more than 25,000 copies of multiple pages in the aggregate per
requirement constitutes printing. The intent of the printing limitation
is to eliminate duplication of final documents.
(2) In compliance with EPA Order 2200.4a, EPA Publication Review
Procedure, the Office of Communications, Education, and Media Relations
is responsible for the review of materials generated under a contract
published or issued by the Agency under a contract intended for release
to the public.
(c) Affirmative Requirements. (1) Unless otherwise directed by the
contracting officer, the contractor shall use double-sided copying to
produce any progress report, draft report or final report.
(2) Unless otherwise directed by the contracting officer, the
contractor shall use recycled paper for reports delivered to the Agency
which meet the minimum content standards for paper and paper products as
set forth in EPA's Web site for the Comprehensive Procurement Guidelines
at: http://www.epa.gov/cpg/.
(d) Permitted Contractor Activities. (1) The prohibitions contained
in paragraph (b) do not preclude writing, editing, or preparing
manuscript copy, or preparing related illustrative material to a final
document (camera-ready copy) using desktop publishing.
(2) The contractor may perform a requirement involving the
duplication of less than 5,000 copies of only one page, or less than
25,000 copies of multiple pages in the aggregate, using one color
(black), such pages shall not exceed the maximum image size of 10\3/4\
by 14\1/4\ inches, or 11 by 17 paper stock. Duplication services below
these thresholds are not considered printing. If performance of the
contract will require duplication in excess of these thresholds,
contractors must immediately notify the contracting officer in writing.
The contracting officer must obtain a waiver from the U.S. Congress
Joint Committee on Printing if it is deemed appropriate to exceed the
duplication thresholds. Duplication services of ``incidentals'' in
excess of the thresholds, are allowable.
(3) The contractor may perform a requirement involving the multi-
color duplication of no more than 100 pages in the aggregate using color
copier technology, such pages shall not exceed the maximum image size of
10\3/4\ by 14\1/4\ inches, or 11 by 17 paper stock. Duplication services
below these thresholds are not considered printing. If performance of
the contract will require duplication in excess of these limits,
contractors must immediately notify the contracting officer in writing.
The contracting officer must obtain a waiver from the U.S. Congress
Joint Committee on Printing.
(4) The contractor may perform the duplication of no more than a
total of 100 diskettes or CD-ROM's. Duplication services below these
thresholds are not considered printing. If performance of the contract
will
[[Page 62]]
require duplication in excess of these thresholds, contractors must
immediately notify the contracting officer in writing. The contracting
officer must obtain a waiver from the U.S. Congress Joint Committee on
Printing.
(e) Violations. The contractor may not engage in, nor subcontract
for, any printing in connection with the performance of work under the
contract. The cost of any printing services in violation of this clause
will be disallowed, or not accepted by the Government.
(f) Flowdown Provision. The contractor shall include in each
subcontract which may involve a requirement for any printing/
duplicating/copying a provision substantially the same as this clause.
(End of clause )
[65 FR 58924, Oct. 3, 2000, as amended at 70 FR 61570, Oct. 25, 2005]
Sec. 1552.209-70 Organizational conflict of interest notification.
As prescribed in 1509.507-1(b) insert the following solicitation
provision in all solicitations.
Organizational Conflict of Interest Notification (APR 1984)
(a) The prospective Contractor certifies, to the best of its
knowledge and belief, that it is not aware of any information bearing on
the existence of any potential organizational conflict of interest. If
the prospective Contractor cannot so certify, it shall provide a
disclosure statement in its proposal which describes all relevant
information concerning any past, present, or planned interests bearing
on whether it (including its chief executives and directors, or any
proposed consultant or subcontractor) may have a potential
organizational conflict of interest.
(b) Prospective Contractors should refer to FAR subpart 9.5 and
EPAAR part 1509 for policies and procedures for avoiding, neutralizing,
or mitigating organizational conflicts of interest.
(c) If the Contracting Officer determines that a potential conflict
exists, the prospective Contractor shall not receive an award unless the
conflict can be avoided or otherwise resolved through the inclusion of a
special contract clause or other appropriate means. The terms of any
special clause are subject to negotiation.
(End of provision)
[49 FR 8867, Mar. 8, 1994, as amended at 59 FR 18620, Apr. 19, 1994; 62
FR 33573, June 20, 1997]
Sec. 1552.209-71 Organizational conflicts of interest.
As prescribed in 1509.507-2, insert the following contract clause in
all contracts except:
(a) When specific clauses are required per EPAAR part 1509;
(b) When the procurement is with another Federal agency (however,
the provision is included in contracts with SBA and its subcontractor
under the 8(a) program); and
(c) When the procurement is accomplished through simplified
acquisition procedures, use of the clause is optional.
Organizational Conflicts of Interest (MAY 1994)
(a) The Contractor warrants that, to the best of the Contractor's
knowledge and belief, there are no relevant facts or circumstances which
could give rise to an organizational conflict of interest, as defined in
FAR subpart 9.5, or that the Contractor has disclosed all such relevant
information.
(b) Prior to commencement of any work, the Contractor agrees to
notify the Contracting Officer immediately that, to the best of its
knowledge and belief, no actual or potential conflict of interest exists
or to identify to the Contracting Officer any actual or potential
conflict of interest the firm may have. In emergency situations,
however, work may begin but notification shall be made within five (5)
working days.
(c) The Contractor agrees that if an actual or potential
organizational conflict of interest is identified during performance,
the Contractor will immediately make a full disclosure in writing to the
Contracting Officer. This disclosure shall include a description of
actions which the Contractor has taken or proposes to take, after
consultation with the Contracting Officer, to avoid, mitigate, or
neutralize the actual or potential conflict of interest. The Contractor
shall continue performance until notified by the Contracting Officer of
any contrary action to be taken.
(d) 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 it or misprepresented 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.
[[Page 63]]
(e) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for well drilling, fence erecting, plumbing,
utility hookups, security guard services, or electrical services,
provisions which shall conform substantially to the language of this
clause, including this paragraph (e), unless otherwise authorized by the
Contracting Officer.
(End of clause)
Alternate I. Contracts for other than Superfund work shall include
Alternate I in this clause in lieu of paragraph (e).
(e) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder provisions which shall conform
substantially to the language of this clause, including this paragraph,
unless otherwise authorized by the contracting officer.
[49 FR 8867, Mar. 8, 1994, as amended at 59 FR 18620, Apr. 19, 1994; 61
FR 57339, Nov. 6, 1996; 63 FR 46899, Sept. 3, 1998]
Sec. 1552.209-72 Organizational conflict of interest certification.
As prescribed in 1509.507-1(b), insert the following provision in
all solicitation documents when applicable.
Organizational Conflict of Interest Certification (APR 1984)
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)
[49 FR 8867, Mar. 8, 1994, as amended at 59 FR 18620, Apr. 19, 1994]
Sec. 1552.209-73 Notification of conflicts of interest regarding
personnel.
As prescribed in 1509.507-2(b) insert the following clause:
Notification of Conflicts of Interest Regarding Personnel (MAY 1994)
(a) In addition to the requirements of the contract clause entitled
``Organizational Conflicts of Interest,'' the following provisions with
regard to employee personnel performing under this contract shall apply
until the earlier of the following two dates: the termination date of
the affected employee(s) or the expiration date of the contract.
(b) The Contractor agrees to notify immediately the EPA Project
Officer and the Contracting Officer of (1) any actual or potential
personal conflict of interest with regard to any of its employees
working on or having access to information regarding this contract, or
(2) any such conflicts concerning subcontractor employees or consultants
working on or having access to information regarding this contract, when
such conflicts have been reported to the Contractor. A personal conflict
of interest is defined as a relationship of an employee, subcontractor
employee, or consultant with an entity that may impair the objectivity
of the employee, subcontractor employee, or consultant in performing the
contract work.
(c) The Contractor agrees to notify each Project Officer and
Contracting Officer prior to incurring costs for that employee's work
when an employee may have a personal conflict of interest. In the event
that the personal conflict of interest does not become known until after
performance on the contract begins, the Contractor shall immediately
notify the Contracting Officer of the personal conflict of interest. The
Contractor shall continue performance of this contract until notified by
the Contracting Officer of the appropriate action to be taken.
(d) The Contractor agrees to insert in any subcontract or consultant
agreement placed hereunder, except for subcontracts or consultant
agreements for well drilling, fence erecting, plumbing, utility hookups,
security guard services, or electrical services, provisions which shall
conform substantially to the language of this clause, including this
paragraph (d), unless otherwise authorized by the Contracting Officer.
(End of clause)
[59 FR 18620, Apr. 19, 1994]
Sec. 1552.209-74 Limitation of future contracting.
As prescribed in 1509.507-2(c), insert the following clause or
alternate:
Limitation of Future Contracting (RAC) (APR 2004)
(a) The parties to this contract agree that the Contractor will be
restricted in its future contracting in the manner described below.
Except as specifically provided in this clause, the Contractor shall be
free to compete for contracts on an equal basis with other companies.
(b) The Contractor will be ineligible to enter into a contract for
remedial action projects for which the Contractor has developed the
statement of work or the solicitation package.
[[Page 64]]
(c) The following applies when work is performed under this
contract: Unless prior written approval is obtained from the cognizant
EPA Contracting Officer, the Contractor, during the life of the work
assignment, task order, or tasking document and for a period of five (5)
years after the completion of the work assignment, task order, or
tasking document, agrees not to enter into a contract with or to
represent any party, other than EPA, with respect to: (1) Any work
relating to CERCLA activities which pertain to a site where the
Contractor previously performed work for EPA under this contract; or (2)
any work that may jeopardize CERCLA enforcement actions which pertain to
a site where the Contractor previously performed work for the EPA under
this contract.
(d) The Contractor and any subcontractors, during the life of this
contract, shall be ineligible to enter into an EPA contract or a
subcontract under an EPA contract, which supports EPA's performance of
Superfund Headquarters policy work including support for the analysis
and development of regulations, policies, or guidance that govern,
affect, or relate to the conduct of response action activities, unless
otherwise authorized by the Contracting Officer. Examples of such
contracts include, but are not limited to, Superfund Management and
Analytical support contracts, and Superfund Technical and Analytical
support contracts.
(e) The Contractor agrees in advance that if any bids/proposals are
submitted for any work that would require written approval of the
Contracting Officer prior to entering into a contract subject to the
restrictions of this clause, then the bids/proposals are submitted at
the Contractor's own risk. Therefore, no claim shall be made against the
Government to recover bid/proposal costs as a direct cost whether the
request for authorization to enter into the contract is denied or
approved.
(f) To the extent that the work under this contract requires access
to proprietary or confidential business or financial data of other
companies, and as long as such data remains proprietary or confidential,
the Contractor shall protect such data from unauthorized use and
disclosure.
(g) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or engineering
services, including treatability studies, well drilling, fence erecting,
plumbing, utility hookups, security guard services, or electrical
services, provisions which shall conform substantially to the language
of this clause, including this paragraph (g) unless otherwise authorized
by the Contracting Officer. The Contractor may request in writing that
the Contracting Officer exempt from this clause a particular subcontract
or consultant agreement for nondiscretionary technical or engineering
services not specifically listed above, including laboratory analysis.
The Contracting Officer will review and evaluate each request on a case-
by-case basis before approving or disapproving the request.
(h) If the Contractor seeks an expedited decision regarding its
initial future contracting request, the Contractor may submit its
request to both the Contracting Officer and the next administrative
level within the Contracting Officer's organization.
(i) A review process available to the Contractor when an adverse
determination is received shall consist of a request for reconsideration
to the Contracting Officer or a request for review submitted to the next
administrative level within the Contracting Officer's organization. An
adverse determination resulting from a request for reconsideration by
the Contracting Officer will not preclude the contractor from requesting
a review by the next administrative level. Either a request for review
or a request for reconsideration must be submitted to the appropriate
level within 30 calendar days after receipt of the initial adverse
determination.
(End of clause)
Limitation of Future Contracting Alternate I (ERRS) (ARR 2004)
(a) The parties to this contract agree that the Contractor will be
restricted in its future contracting in the manner described below.
Except as specifically provided in this clause, the Contractor shall be
free to compete for contracts on an equal basis with other companies.
(b) If the Contractor, under the terms of this contract, or through
the performance of work pursuant to this contract, is required to
develop specifications or statements of work and such specifications or
statements of work are incorporated into an EPA solicitation, the
Contractor shall be ineligible to perform the work described in that
solicitation as a prime Contractor or subcontractor under an ensuing EPA
contract.
(c) Unless prior written approval is obtained from the cognizant EPA
Contracting Officer, the Contractor, during the life of the delivery
order or tasking document and for a period of five (5) years after the
completion of the delivery order or tasking document, agrees not to
enter into a contract with or to represent any party, other than EPA,
with respect to: (1) any work relating to CERCLA activities which
pertain to a site where the Contractor previously performed work for EPA
under this contract; or (2) any work that may jeopardize CERCLA
enforcement actions which pertain to a site where the Contractor
previously performed work for the EPA under this contract.
[[Page 65]]
(d) During the life of this contract, including any options, the
Contractor agrees that unless otherwise authorized by the Contracting
Officer:
(1) It will not provide any Superfund Technical Assistance and
Removal Team (START); type activities (e.g., START contracts) to EPA
within the Contractor's ERRS assigned geographical area(s), either as a
prime contractor, subcontractor, or consultant.
(2) It will not provide any START type activities (e.g., START
contracts) to EPA as a prime contractor, subcontractor or consultant at
a site where it has performed or plans to perform ERRS work.
(3) It will be ineligible for award of START type activities
contracts for sites within its respective ERRS assigned geographical
area(s) which result from a CERCLA administrative order, a CERCLA or
RCRA consent decree or a court order.
(e) The Contractor and any subcontractors, during the life of this
contract, shall be ineligible to enter into an EPA contract or a
subcontract under an EPA contract, which supports EPA's performance of
Superfund Headquarters policy work including support for the analysis
and development of regulations, policies, or guidance that govern,
affect, or relate to the conduct of response action activities, unless
otherwise authorized by the Contracting Officer. Examples of such
contracts include, but are not limited to, Superfund Management and
Analytical support contracts, and Superfund Technical and Analytical
support contracts.
(f) The Contractor agrees in advance that if any bids/proposals are
submitted for any work that would require written approval of the
Contracting Officer prior to entering into a contract subject to the
restrictions of this clause, then the bids/proposals are submitted at
the Contractor's own risk. Therefore, no claim shall be made against the
Government to recover bid/proposal costs as a direct cost whether the
request for authorization to enter into the contract is denied or
approved.
(g) To the extent that the work under this contract requires access
to proprietary or confidential business or financial data of other
companies, and as long as such data remains proprietary or confidential,
the Contractor shall protect such data from unauthorized use and
disclosure.
(h) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or engineering
services, including treatability studies, well drilling, fence erecting,
plumbing, utility hookups, security guard services, or electrical
services, provisions which shall conform substantially to the language
of this clause, including this paragraph (h) unless otherwise authorized
by the Contracting Officer. The Contractor may request in writing that
the Contracting Officer exempt from this clause a particular subcontract
or consultant agreement for nondiscretionary technical or engineering
services not specifically listed above, including laboratory analysis.
The Contracting Officer will review and evaluate each request on a case-
by-case basis before approving or disapproving the request.
(i) If the Contractor seeks an expedited decision regarding its
initial future contracting request, the Contractor may submit its
request to both the Contracting Officer and the next administrative
level within the Contracting Officer's organization.
(j) A review process available to the Contractor when an adverse
determination is received shall consist of a request for reconsideration
to the Contracting Officer or a request for review submitted to the next
administrative level within the Contracting Officer's organization. An
adverse determination resulting from a request for reconsideration by
the Contracting Officer will not preclude the Contractor from requesting
a review by the next administrative level. Either a request for review
or a request for reconsideration must be submitted to the appropriate
level within 30 calendar days after receipt of the initial adverse
determination.
(End of clause)
Limitation of Future Contracting Alternate II (Start) (APR 2004)
(a) The parties to this contract agree that the Contractor will be
restricted in its future contracting in the manner described below.
Except as specifically provided in this clause, the Contractor shall be
free to compete for contracts on an equal basis with other companies.
(b) If the Contractor, under the terms of this contract, or through
the performance of work pursuant to this contract, is required to
develop specifications or statements of work and such specifications or
statements of work are incorporated into an EPA solicitation, the
Contractor shall be ineligible to perform the work described in that
solicitation as a prime Contractor or subcontractor under an ensuing EPA
contract.
(c) Unless prior written approval is obtained from the cognizant EPA
Contracting Officer, the Contractor, during the life of the technical
direction document and for a period of five (5) years after the
completion of the technical direction document, agrees not to enter into
a contract with or to represent any party, other than EPA, with respect
to: (1) Any work relating to CERCLA activities which pertain to a site
where the Contractor previously performed work for EPA under this
contract; or (2) any work that may jeopardize CERCLA enforcement actions
which
[[Page 66]]
pertain to a site where the Contractor previously performed work for the
EPA under this contract.
(d) During the life of this contract, including any options, the
Contractor agrees that unless otherwise authorized by the Contracting
Officer:
(1) It will not provide to EPA cleanup services (e.g., Emergency and
Rapid Response Services (ERRS) contracts) within the Contractor's START
assigned geographical area(s), either as a prime Contractor,
subcontractor, or consultant.
(2) Unless an individual design for the site has been prepared by a
third party, it will not provide to EPA as a prime contractor,
subcontractor or consultant any remedial construction services at a site
where it has performed or plans to perform START work. This clause will
not preclude START contractors from performing construction management
services under other EPA contracts.
(3) It will be ineligible for award of ERRS type activities
contracts for sites within its respective START assigned geographical
area(s) which result from a CERCLA administrative order, a CERCLA or
RCRA consent decree or a court order.
(e) The Contractor and any subcontractors, during the life of this
contract, shall be ineligible to enter into an EPA contract or a
subcontract under an EPA contract, which supports EPA's performance of
Superfund Headquarters policy work including support for the analysis
and development of regulations, policies, or guidance that govern,
affect, or relate to the conduct of response action activities, unless
otherwise authorized by the Contracting Officer. Examples of such
contracts include, but are not limited to, Superfund Management and
Analytical support contracts, and Superfund Technical and Analytical
support contracts.
(f) The Contractor agrees in advance that if any bids/proposals are
submitted for any work that would require written approval of the
Contracting Officer prior to entering into a contract subject to the
restrictions of this clause, then the bids/proposals are submitted at
the Contractor's own risk. Therefore, no claim shall be made against the
Government to recover bid/proposal costs as a direct cost whether the
request for authorization to enter into the contract is denied or
approved.
(g) To the extent that the work under this contract requires access
to proprietary or confidential business or financial data of other
companies, and as long as such data remains proprietary or confidential,
the Contractor shall protect such data from unauthorized use and
disclosure.
(h) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or engineering
services, including treatability studies, well drilling, fence erecting,
plumbing, utility hookups, security guard services, or electrical
services, provisions which shall conform substantially to the language
of this clause, including this paragraph (h) unless otherwise authorized
by the Contracting Officer. The Contractor may request in writing that
the Contracting Officer exempt from this clause a particular subcontract
or consultant agreement for nondiscretionary technical or engineering
services not specifically listed above, including laboratory analysis.
The Contracting Officer will review and evaluate each request on a case-
by-case basis before approving or disapproving the request.
(i) If the Contractor seeks an expedited decision regarding its
initial future contracting request, the Contractor may submit its
request to both the Contracting Officer and the next administrative
level within the Contracting Officer's organization.
(j) A review process available to the Contractor when an adverse
determination is received shall consist of a request for reconsideration
to the Contracting Officer or a request for review submitted to the next
administrative level within the Contracting Officer's organization. An
adverse determination resulting from a request for reconsideration by
the Contracting Officer will not preclude the Contractor from requesting
a review by the next administrative level. Either a request for review
or a request for reconsideration must be submitted to the appropriate
level within 30 calendar days after receipt of the initial adverse
determination.
(End of clause)
Limitation of Future Contracting Alternate III (ESAT) (APR 2004)
(a) The parties to this contract agree that the Contractor will be
restricted in its future contracting in the manner described below.
Except as specifically provided in this clause, the Contractor shall be
free to compete for contracts on an equal basis with other companies.
(b) If the Contractor, under the terms of this contract, or through
the performance of work pursuant to this contract, is required to
develop specifications or statements of work and such specifications or
statements of work are incorporated into an EPA solicitation, the
Contractor shall be ineligible to perform the work described in that
solicitation as a prime Contractor or subcontractor under an ensuing EPA
contract.
(c) The Contractor and any subcontractors, during the life of this
contract, shall be ineligible to enter into an EPA contract or a
subcontract under an EPA contract, which supports EPA's performance of
Superfund Headquarters policy work including support
[[Page 67]]
for the analysis and development of regulations, policies, or guidance
that govern, affect, or relate to the conduct of response action
activities, unless otherwise authorized by the Contracting Officer.
Examples of such contracts include, but are not limited to, Superfund
Management and Analytical support contracts, and Superfund Technical and
Analytical support contracts.
(d) To the extent that the work under this contract requires access
to proprietary or confidential business or financial data of other
companies, and as long as such data remains proprietary or confidential,
the Contractor shall protect such data from unauthorized use and
disclosure.
(e) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or engineering
services, including treatability studies, well drilling, fence erecting,
plumbing, utility hookups, security guard services, or electrical
services, provisions which shall conform substantially to the language
of this clause, including this paragraph (e) unless otherwise authorized
by the Contracting Officer. The Contractor may request in writing that
the Contracting Officer exempt from this clause a particular subcontract
or consultant agreement for nondiscretionary technical or engineering
services not specifically listed above, including laboratory analysis.
The Contracting Officer will review and evaluate each request on a case-
by-case basis before approving or disapproving the request.
(f) If the Contractor seeks an expedited decision regarding its
initial future contracting request, the contractor may submit its
request to both the Contracting Officer and the next administrative
level within the Contracting Officer's organization.
(g) A review process available to the Contractor when an adverse
determination is received shall consist of a request for reconsideration
to the Contracting Officer or a request for review submitted to the next
administrative level within the Contracting Officer's organization. An
adverse determination resulting from a request for reconsideration by
the Contracting Officer will not preclude the Contractor from requesting
a review by the next administrative level. Either a request for review
or a request for reconsideration must be submitted to the appropriate
level within 30 calendar days after receipt of the initial adverse
determination.
(End of clause)
Limitation of Future Contracting, Alternate IV (TES) (APR 2004)
(a) The parties to this contract agree that the Contractor will be
restricted in its future contracting in the manner described below.
Except as specifically provided in this clause, the Contractor shall be
free to compete for contracts on an equal basis with other companies.
(b) During the performance period of this contract, the Contractor
will be ineligible to enter into any contract for remedial planning and/
or implementation projects for sites within the assigned geographical
area(s) covered by this contract without the prior written approval of
the EPA Contracting Officer.
(c) If the Contractor, under the terms of this contract, or through
the performance of work pursuant to this contract, is required to
develop specifications or statements of work and such specifications or
statements of work are incorporated into an EPA solicitation, the
Contractor shall be ineligible to perform the work described in that
solicitation as a prime Contractor or subcontractor under an ensuing EPA
contract.
(d) Unless prior written approval is obtained from the cognizant EPA
Contracting Officer, the Contractor, during the life of the work
assignment and for a period of seven (7) years after the completion of
the work assignment, agrees not to enter into a contract with or to
represent any party, other than EPA, with respect to: (1) Any work
relating to CERCLA activities which pertain to a site where the
Contractor previously performed work for EPA under this contract; or (2)
any work that may jeopardize CERCLA enforcement actions which pertain to
a site where the Contractor previously performed work for the EPA under
this contract.
(e) The Contractor and any subcontractors, during the life of this
contract, shall be ineligible to enter into an EPA contract or a
subcontract under an EPA contract, which supports EPA's performance of
Superfund Headquarters policy work including support for the analysis
and development of regulations, policies, or guidance that govern,
affect, or relate to the conduct of response action activities, unless
otherwise authorized by the Contracting Officer. Examples of such
contracts include, but are not limited to, Superfund Management and
Analytical support contracts, and Superfund Technical and Analytical
support contracts.
(f) The Contractor agrees in advance that if any bids/proposals are
submitted for any work that would require written approval of the
Contracting Officer prior to entering into a contract subject to the
restrictions of this clause, then the bids/proposals are submitted at
the Contractor's own risk. Therefore, no claim shall be made against the
Government to recover bid/proposal costs as a direct cost whether the
request for authorization to enter into the contract is denied or
approved.
(g) To the extent that the work under this contract requires access
to proprietary or confidential business or financial data of
[[Page 68]]
other companies, and as long as such data remains proprietary or
confidential, the Contractor shall protect such data from unauthorized
use and disclosure.
(h) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or engineering
services, including treatability studies, well drilling, fence erecting,
plumbing, utility hookups, security guard services, or electrical
services, provisions which shall conform substantially to the language
of this clause, including this paragraph (h) unless otherwise authorized
by the Contracting Officer. The Contractor may request in writing that
the Contracting Officer exempt from this clause a particular subcontract
or consultant agreement for nondiscretionary technical or engineering
services not specifically listed above, including laboratory analysis.
The Contracting Officer will review and evaluate each request on a case-
by-case basis before approving or disapproving the request.
(i) If the Contractor seeks an expedited decision regarding its
initial future contracting request, the Contractor may submit its
request to both the Contracting Officer and the next administrative
level within the Contracting Officer's organization.
(j) A review process available to the Contractor when an adverse
determination is received shall consist of a request for reconsideration
to the Contracting Officer or a request for review submitted to the next
administrative level within the Contracting Officer's organization. An
adverse determination resulting from a request for reconsideration by
the Contracting Officer will not preclude the Contractor from requesting
a review by the next administrative level. Either a request for review
or a request for reconsideration must be submitted to the appropriate
level within 30 calendar days after receipt of the initial adverse
determination.
(End of clause)
Limitation of Future Contracting, Alternate V (Headquarters Support)
(APR 2004)
(a) The parties to this contract agree that the Contractor will be
restricted in its future contracting in the manner described below.
Except as specifically provided in this clause, the Contractor shall be
free to compete for contracts on an equal basis with other companies.
(b) If the Contractor, under the terms of this contract, or through
the performance of work pursuant to this contract, is required to
develop specifications or statements of work and such specifications or
statements of work are incorporated into an EPA solicitation, the
Contractor shall be ineligible to perform the work described in that
solicitation as a prime Contractor or subcontractor under an ensuing EPA
contract.
(c) The Contractor, during the life of this contract, will be
ineligible to enter into a contract with EPA to perform response action
work (e.g., Response Action Contract (RAC), Emergency and Rapid Response
Services (ERRS), Superfund Technical Assistance and Removal Team
(START), and Enforcement Support Services (ESS) contracts), unless
otherwise authorized by the Contracting Officer.
(d) The Contractor agrees in advance that if any bids/proposals are
submitted for any work that would require written approval of the
Contracting Officer prior to entering into a contract subject to the
restrictions of this clause, then the bids/proposals are submitted at
the Contractor's own risk. Therefore, no claim shall be made against the
Government to recover bid/proposal costs as a direct cost whether the
request for authorization to enter into the contract is denied or
approved.
(e) To the extent that the work under this contract requires access
to proprietary or confidential business or financial data of other
companies, and as long as such data remains proprietary or confidential,
the Contractor shall protect such data from unauthorized use and
disclosure.
(f) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or engineering
services, including treatability studies, well drilling, fence erecting,
plumbing, utility hookups, security guard services, or electrical
services, provisions which shall conform substantially to the language
of this clause, including this paragraph (f) unless otherwise authorized
by the Contracting Officer. The Contractor may request in writing that
the Contracting Officer exempt from this clause a particular subcontract
or consultant agreement for nondiscretionary technical or engineering
services not specifically listed above, including laboratory analysis.
The Contracting Officer will review and evaluate each request on a case-
by-case basis before approving or disapproving the request.
(g) If the Contractor seeks an expedited decision regarding its
initial future contracting request, the Contractor may submit its
request to both the Contracting Officer and the next administrative
level within the Contracting Officer's organization.
[[Page 69]]
(h) A review process available to the Contractor when an adverse
determination is received shall consist of a request for reconsideration
to the Contracting Officer or a request for review submitted to the next
administrative level within the Contracting Officer's organization. An
adverse determination resulting from a request for reconsideration by
the Contracting Officer will not preclude the Contractor from requesting
a review by the next administrative level. Either a request for review
or a request for reconsideration must be submitted to the appropriate
level within 30 calendar days after receipt of the initial adverse
determination.
(End of clause)
Limitation of Future Contracting; Alternate VI (Site Specific) (APR
2004)
(a) The parties to this contract agree that the Contractor will be
restricted in its future contracting in the manner described below.
Except as specifically provided in this clause, the Contractor shall be
free to compete for contracts on an equal basis with other companies.
(b) If the Contractor, under the terms of this contract, or through
the performance of work pursuant to this contract, is required to
develop specifications or statements of work and such specifications or
statements of work are incorporated into an EPA solicitation, the
Contractor shall be ineligible to perform the work described in that
solicitation as a prime contractor or subcontractor under an ensuing EPA
contract.
(c) Unless prior written approval is obtained from the cognizant EPA
Contracting Officer, the Contractor, during the life of the contract and
for a period of five (5) years after the expiration of the contract
agrees not to enter into a contract with or to represent any party,
other than EPA, with respect to: (1) any work relating to CERCLA
activities which pertain to the site where the Contractor previously
performed work for EPA under this contract; or (2) any work that may
jeopardize CERCLA enforcement actions which pertain to the site where
the Contractor previously performed work for the EPA under this
contract.
(d) During the life of this contract, including any options, the
Contractor agrees that unless otherwise authorized by the Contracting
Officer:
(1) It will not provide any Superfund Technical Assistance and
Removal Team (START) type activities (e.g., START contracts) to EPA on
the site either as a prime contractor, subcontractor, or consultant.
(2) It will be ineligible for award of contracts pertaining to this
site which result from a CERCLA administrative order, a CERCLA or RCRA
consent decree or a court order.
(e) The Contractor and any subcontractors, during the life of this
contract, shall be ineligible to enter into an EPA contract or a
subcontract under an EPA contract, which supports EPA's performance of
Superfund Headquarters policy work including support for the analysis
and development of regulations, policies, or guidance that govern,
affect, or relate to the conduct of response action activities, unless
otherwise authorized by the Contracting Officer. Examples of such
contracts include, but are not limited to, Superfund Management and
Analytical support contracts, and Superfund Technical and Analytical
support contracts.
(f) The Contractor agrees in advance that if any bids/proposals are
submitted for any work that would require written approval of the
Contracting Officer prior to entering into a contract subject to the
restrictions of this clause, then the bids/proposals are submitted at
the Contractor's own risk. Therefore, no claim shall be made against the
Government to recover bid/proposal costs as a direct cost whether the
request for authorization to enter into the contract is denied or
approved.
(g) To the extent that the work under this contract requires access
to proprietary or confidential business or financial data of other
companies, and as long as such data remains proprietary or confidential,
the Contractor shall protect such data from unauthorized use and
disclosure.
(h) Contractors who are performing nondiscretionary technical or
engineering services, including construction work, may request a waiver
from or modification to this clause by submitting a written request to
the Contracting Officer. The Contracting Officer shall make the
determination regarding whether to waive or modify the clause on a case-
by-case basis.
(i) The Contractor agrees to insert in each subcontract or
consultant agreement placed hereunder, except for subcontracts or
consultant agreements for nondiscretionary technical or engineering
services, including treatability studies, well drilling, fence erecting,
plumbing, utility hookups, security guard services, or electrical
services, provisions which shall conform substantially to the language
of this clause, including this paragraph (i) unless otherwise authorized
by the Contracting Officer. The Contractor may request in writing that
the Contracting Officer exempt from this clause a particular subcontract
or consultant agreement for nondiscretionary technical or engineering
services not specifically listed above, including laboratory analysis.
The Contracting Officer will review and evaluate each request on a case-
by-case basis before approving or disapproving the request.
(j) If the Contractor seeks an expedited decision regarding its
initial future contracting request, the Contractor may submit
[[Page 70]]
its request to both the Contracting Officer and the next administrative
level within the Contracting Officer's organization.
(k) A review process available to the Contractor when an adverse
determination is received shall consist of a request for reconsideration
to the Contracting Officer or a request for review submitted to the next
administrative level within the Contracting Officer's organization. An
adverse determination resulting from a request for reconsideration by
the Contracting Officer will not preclude the Contractor from requesting
a review by the next administrative level. Either a request for review
or a request for reconsideration must be submitted to the appropriate
level within 30 calendar days after receipt of the initial adverse
determination.
(End of clause)
[59 FR 18620, Apr. 19, 1994, as amended at 62 FR 5348, Feb. 5, 1997; 63
FR 692, Jan. 7, 1998; 65 FR 37292, June 14, 2000; 70 FR 61570, Oct. 25,
2005]
Sec. 1552.209-75 Annual certification.
As prescribed in 1509.507-2(d), insert the following clause:
Annual Certification (MAY 1994)
The Contractor shall submit an annual conflict of interest
certification to the Contracting Officer. In this certification, the
Contractor shall certify annually that, to the best of the Contractor's
knowledge and belief, all actual or potential organizational conflicts
of interest have been reported to EPA. In addition, in this annual
certification, the Contractor shall certify that it has informed its
personnel who perform work under EPA contracts or relating to EPA
contracts of their obligation to report personal and organizational
conflicts of interest to the Contractor. Such certification must be
signed by a senior executive of the company and submitted in accordance
with instructions provided by the Contracting Officer. The initial
certification shall cover the one-year period from the date of contract
award, and all subsequent certifications shall cover successive annual
periods thereafter, until expiration or termination of the contract. The
certification must be received by the Contracting Officer no later than
45 days after the close of the certification period covered.
(End of clause)
[59 FR 18623, Apr. 19, 1994. Redesignated at 61 FR 57339, Nov. 6, 1996,
as amended at 62 FR 33573, June 20, 1997]
Sec. 1552.209-76 Contractor performance evaluations.
As prescribed in section 1509.170-1, insert the following clause in
all applicable solicitations and contracts.
Contractor Performance Evaluations (OCT 2002)
The contracting officer shall complete a Contractor Performance
Report (Report) within ninety (90) business days after the end of each
12 months of contract performance (interim Report) or after the last 12
months (or less) of contract performance (final Report) in accordance
with EPAAR 1509.170-5. The contractor shall be evaluated based on the
following ratings: 0 = Unsatisfactory, 1 = Poor, 2 = Fair, 3 = Good, 4 =
Excellent, 5 = Outstanding, N/A = Not Applicable.
The contractor may be evaluated based on the following performance
categories: Quality, Cost Control, Timeliness of Performance, Business
Relations, Compliance with Labor Standards, Compliance with Safety
Standards, and Meeting Small Disadvantaged Business Subcontracting
Requirements.
(a) The contracting officer shall initiate the process for
completing interim Reports within five (5) business days after the end
of each 12 months of contract performance by requesting the project
officer to evaluate contractor performance for the interim Report. In
addition, the contracting officer shall initiate the process for
completing final Reports within five (5) business days after the last 12
months (or less) of contract performance by requesting the project
officer to evaluate contractor performance for the final Report. The
final Report shall cover the last 12 months (or less) of contract
performance. Within thirty (30) business days after the project officer
receives a request from the contracting officer to complete an
evaluation, the project officer shall:
(1) Complete a description of the contract requirements;
(2) Evaluate contractor performance and assign a rating for quality,
cost control, timeliness of performance, compliance with labor
standards, and compliance with safety standards performance categories
(including a narrative for each rating);
(3) Provide any information regarding subcontracts, key personnel,
and customer satisfaction;
(4) Assign a recommended rating for the business relations
performance category (including a narrative for the rating); and
(5) Provide additional information appropriate for the evaluation or
future evaluations.
(b) The contracting officer shall:
[[Page 71]]
(1) Ensure the accuracy of the project officer's evaluation by
verifying that the information in the contract file corresponds with the
designated project officer's ratings;
(2) Assign a rating for the business relations and meeting small
disadvantaged business subcontracting requirements performance
categories (including a narrative for each rating).
(3) Concur with or revise the project officer's ratings after
consultation with the project officer;
(4) Provide any additional information concerning the quality, cost
control, timeliness of performance, compliance with labor standards, and
compliance with safety standards performance categories if deemed
appropriate for the evaluation or future evaluations (if any), and
provide any information regarding subcontracts, key personnel, and
customer satisfaction; and
(5) Forward the Report to the contractor within ten (10) business
days after the contracting officer receives the project officer's
evaluation.
(c) The contractor shall be granted thirty (30) business days from
the date of the contractor's receipt of the Report to review and provide
a response to the contracting officer regarding the contents of the
Report. The contractor shall:
(1) Review the Report;
(2) Provide a response (if any) to the contracting officer on
company letter head or electronically;
(3) Complete contractor representation information; and
(4) Forward the Report to the contracting officer within the
designated thirty (30) business days.
(d) The contractor's response to the Report may include written
comments, rebuttals (disagreements), or additional information. If the
contractor does not respond to the Report within the designated thirty
(30) business days, the specified ratings in the Report are deemed
appropriate for the evaluation period. In this instance, the contracting
officer shall complete the Agency review and sign the Report within
three (3) business days after expiration of the specified 30 business
days.
(e) If the contractor submits comments, rebuttals (disagreements),
or additional information to the contracting officer which contests the
ratings, the contracting officer, in consultation with the project
officer, shall initially try to resolve the disagreement(s) with the
contractor.
(f) If the disagreement(s) is (are) not resolved between the
contractor and the contracting officer, the contracting officer shall
provide a written recommendation to one level above the contracting
officer for resolution as promptly as possible, but no later than five
(5) business days after the contracting officer is made aware that the
disagreement(s) has (have) not been resolved with the contractor. The
individual who is one level above the contracting officer shall:
(1) Review the contracting officer's written recommendation; and
(2) Provide a written determination to the contracting officer for
summary ratings (ultimate conclusion for ratings pertaining to the
performance period being evaluated) within five (5) business days after
the individual one level above the contracting officer receives the
contracting officer's written recommendation.
(g) If the disagreement is resolved, the contracting officer shall
complete the Agency review and sign the Report within three (3) business
days after consultation.
(h) The contracting officer shall complete the Agency review and
sign the Report within three (3) business days after the contracting
officer receives a written determination for summary ratings from one
level above the contracting officer.
(i) An interim or final Report is considered completed after the
contracting officer signs the Report. The contracting officer must
provide a copy of completed Reports (interim and final) to the
contractor within two (2) business days after completion.
[64 FR 20204, Apr. 26, 1999, as amended at 67 FR 66344, Oct. 31, 2002]
Sec. 1552.210-71 [Reserved]
Sec. 1552.210-73--1552.210-74 [Reserved]
Sec. 1552.211-70 Reports of work.
As prescribed in 1511.011-70, insert one of the contract clauses in
this subsection when the contract requires the delivery of reports,
including plans, evaluations, studies, analyses and manuals. The basic
clause should be used when reports are specified in a contract
attachment. Alternate I is to be used to specify reports in the contract
schedule.
Reports of Work (OCT 2000)
The Contractor shall prepare and deliver reports, including plans,
evaluations, studies, analyses and manuals in accordance with Attachment
--------------------. Each report shall cite the contract number,
identify the U.S. Environmental Protection Agency as the sponsoring
agency, and identify the name of the contractor preparing the report.
The OMB clearance number for progress reports delivered under this
contract is 2030-0005 with an expiration date of February 28, 2003.
[[Page 72]]
(End of clause)
Alternate I (OCT 2000). The Contractor shall prepare and deliver the
below listed reports, including plans, evaluations, studies, analyses
and manuals to the designated addressees. Each report shall cite the
contract number, identify the U.S. Environmental Protection Agency as
the sponsoring agency, and identify the name of the contractor preparing
the report.
The OMB clearance number for progress reports delivered under this
contract is 2030-0005 with an expiration date of February 28, 2003.
Required reports are:
------------------------------------------------------------------------
Reports description No. copies Addressees
------------------------------------------------------------------------
........... ................
........... ................
........... ................
------------------------------------------------------------------------
(End of clause)
[49 FR 8867, Mar. 8, 1984. Redesignated at 61 FR 57339, Nov. 6, 1996, as
amended at 62 FR 33573, June 20, 1997; 63 FR 10549, Mar. 4, 1998; 63 FR
46899, Sept. 3, 1998; 65 FR 58924, Oct. 3, 2000; 66 FR 28674, May 24,
2001]
Sec. 1552.211-72 Monthly progress report.
As prescribed in 1511.011-72, insert the following clause:
Monthly Progress Report (JUN 1996)
(a) The Contractor shall furnish ------ copies of the combined
monthly technical and financial progress report stating the progress
made, including the percentage of the project completed, and a
description of the work accomplished to support the cost. If the work is
ordered using work assignments or delivery orders, include the estimated
percentage of task completed during the reporting period for each work
assignment or delivery order.
(b) Specific discussions shall include difficulties encountered and
remedial action taken during the reporting period, and anticipated
activity with a schedule of deliverables for the subsequent reporting
period.
(c) The Contractor shall provide a list of outstanding actions
awaiting Contracting Officer authorization, noted with the corresponding
work assignment, such as subcontractor/consultant consents, overtime
approvals, and work plan approvals.
(d) The report shall specify financial status at the contract level
as follows:
(1) For the current reporting period, display the amount claimed.
(2) For the cumulative period and the cumulative contract life
display: the amount obligated, amount originally invoiced, amount paid,
amount suspended, amount disallowed, and remaining approved amount. The
remaining approved amount is defined as the total obligated amount, less
the total amount originally invoiced, plus total amount disallowed.
(3) Labor hours.
(i) A list of employees, their labor categories, and the numbers of
hours worked for the reporting period.
(ii) For the current reporting period, display the expended direct
labor hours and costs broken out by EPA contract labor hour category for
the prime contractor and each subcontractor and consultant.
(iii) For the cumulative contract period and the cumulative contract
life display: the negotiated, expended and remaining direct labor hours
and costs broken out by EPA contract labor hour category for the prime
contractor, and each subcontractor and consultant.
(iv) Display the estimated direct labor hours and costs to be
expended during the next reporting period.
(4) Display the current dollar ceilings in the contract, net amount
invoiced, and remaining amounts for the following categories: Direct
labor hours, total estimated cost, award fee pool (if applicable),
subcontracts by individual subcontractor, travel, program management,
and Other Direct Costs (ODCs).
(5) Unbilled allowable costs. Display the total costs incurred but
unbilled for the current reporting period and cumulative for the
contract.
(6) Average cost of direct labor. Compare the actual average cost
per hour to date with the average cost per hour of the approved work
plans for the current contract period.
(e) The report shall specify financial status at the work assignment
or delivery order level as follows:
(1) For the current period, display the amount claimed.
(2) For the cumulative period display: amount shown on workplan, or
latest work assignment/delivery order amendment amount (whichever is
later); amount currently claimed; amount paid; amount suspended; amount
disallowed; and remaining approved amount. The remaining approved amount
is defined as: the workplan amount or latest work assignment or delivery
order amount (whichever is later), less total amounts originally
invoiced, plus total amount disallowed.
(3) Labor hours.
(i) A list of employees, their labor categories, and the number of
hours worked for the reporting period.
(ii) For the current reporting period, display the expended direct
labor hours and
[[Page 73]]
costs broken out by EPA contract labor hour category for the prime
contractor and each subcontractor and consultant.
(iii) For the current reporting period, cumulative contract period,
and the cumulative contract life display: the negotiated, expended and
remaining direct labor hours and costs broken out by EPA contract labor
hour category for the prime contractor and each subcontractor and
consultant.
(iv) Display the estimated direct labor hours and costs to be
expended during the next reporting period.
(v) Display the estimates of remaining direct labor hours and costs
required to complete the work assignment or delivery order.
(4) Unbilled allowable costs. Display the total costs incurred but
unbilled for the current reporting period and cumulative for the work
assignment.
(5) Average cost of direct labor. Display the actual average cost
per hour with the cost per hour estimated in the workplan.
(6) A list of deliverables for each work assignment or delivery
order during the reporting period.
(f) This submission does not change the notification requirements of
the ``Limitation of Cost'' or ``Limitation of Funds'' clauses requiring
separate written notice to the Contracting Officer.
(g) The reports shall be submitted to the following addresses on or
before the ------ of each month following the first complete reporting
period of the contract. See EPAAR 1552.232-70, Submission of Invoices,
paragraph (e), for details on the timing of submittals. Distribute
reports as follows:
------------------------------------------------------------------------
No. of copies Addressee
------------------------------------------------------------------------
------------.............................. Project Officer.
------------.............................. Contracting Officer.
------------------------------------------------------------------------
[61 FR 29317, June 10, 1996. Redesignated at 61 FR 57339, Nov. 6, 1996,
as amended at 62 FR 33573, June 20, 1997]
Sec. 1552.211-73 Level of effort--cost-reimbursement term contract.
As prescribed in 1511.011-73, 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 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 acumulated 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)
[49 FR 8867, Mar. 8, 1984. Redesignated at 61 FR 57339, Nov. 6, 1996, as
amended at 62 FR 33573, June 20, 1997]
Sec. 1552.211-74 Work assignments.
As prescribed in 1511.011-74, insert the following contract clause
in cost-reimbursement type term form contracts when work assignments are
to be used.
Work Assignments (APR 1984)
(a) The contractor shall perform work under this contract as
specified in written work assignments issued by the Contracting Officer.
(b) Each work assignment will include (1) a numerical designation,
(2) the estimate of required labor hours, (3) the period of performance
and schedule of deliverables, and (4) the description of the work.
(c) The Contractor shall acknowledge receipt of each work assignment
by returning to the Contracting Officer a signed copy of
[[Page 74]]
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.
(d) This clause does not change the requirements of the ``Level of
Effort'' clause, nor the notification requirements of either the
``Limitation of Cost'' or ``Limitation of Funds'' clauses.
(e) Work assignments shall not allow for any change to the terms or
conditions of the contract. Where any language in the work assignment
may suggest a change to the terms or conditions, the Contractor shall
immediately notify the Contracting Officer.
(End of clause)
Alternate I. As prescribed in 1512.104(b), modify the existing
clause by adding the following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work assignment or similar
tasking document, the Contractor shall provide a conflict of interest
certification. Where work assignments or similar tasking documents are
issued under this contract for work on or directly related to a site,
the Contractor is only required to provide a conflict of interest
certification for the first work assignment issued for that site. For
all subsequent work on that site under this contract, the Contractor has
a continuing obligation to search and report any actual or potential
conflicts of interest, but no additional conflict of interest
certifications are required.
Before submitting the conflict of interest certification, the
contractor shall search its records accumulated, at a minimum, over the
past three years immediately prior to the receipt of the work assignment
or similar tasking document. In the COI certification, the Contractor
must certify to the best of the Contractor's knowledge and belief, that
all actual or potential organizational conflicts of interest have been
reported to the Contracting Officer or that to the best of the
Contractor's knowledge and belief, no actual or potential organizational
conflicts of interest exist. In addition, the Contractor must certify
that its personnel who perform work under this work assignment or
relating to this work assignment have been informed of their obligation
to report personal and organizational conflicts of interest to the
Contractor. The certification shall also include a statement that the
Contractor recognizes its continuing obligation to identify and report
any actual or potential conflicts of interest arising during performance
of this work assignment or other work related to this site.
Alternate II. As prescribed in 1512.104(b), modify the existing
clause by adding the following paragraph (f) to the basic clause:
(f) Within 20 days of receipt of the work assignment or similar
tasking document, the Contractor shall provide a conflict of interest
certification. Where work assignments or similar tasking documents are
issued under this contract for work on or directly related to a site,
the Contractor is only required to provide a conflict of interest
certification for the first work assignment issued for that site. For
all subsequent work on that site under this contract, the Contractor has
a continuing obligation to search and report any actual or potential
conflicts of interest, but no additional conflict of interest
certifications are required.
Before submitting the conflict of interest certification, the
contractor shall initially search through all of its available records
to identify any actual or potential conflicts of interest. During the
first three years of this contract, the contractor shall search through
all records created since the beginning of the contract plus the records
of the contractor prior to the award of the contract until a minimum of
three years of records are accumulated. Once three years of records have
accumulated, prior to certifying, the contractor shall search its
records accumulated, at a minimum, over the past three years immediately
prior to the receipt of the work assignment or similar tasking document.
In the certification, the Contractor must certify to the best of the
Contractor's knowledge and belief, that all actual or potential
organizational conflicts of interest have been reported to the
Contracting Officer or that to the best of the Contractor's knowledge
and belief, no actual or potential organizational conflicts of interest
exist. In addition, the Contractor must certify that its personnel who
perform work under this work assignment or relating to this work
assignment have been informed of their obligation to report personal and
organizational conflicts of interest to the Contractor. The
[[Page 75]]
certification shall also include a statement that the Contractor
recognizes its continuing obligation to identify and report any actual
or potential conflicts of interest arising during performance of this
work assignment or other work related to this site.
(End of clause)
[49 FR 8867, Mar. 8, 1994, as amended at 59 FR 18624, Apr. 19, 1994.
Redesignated at 61 FR 57339, Nov. 6, 1996, as amended at 62 FR 33573,
June 20, 1997]
Sec. 1552.211-75 Working files.
As prescribed in 1511.011-75, insert the following clause in all
applicable EPA contracts.
Working Files (APR 1984)
The Contractor shall maintain accurate working files (by task or
work assignment) on all work documentation including calculations,
assumptions, interpretations of regulations, sources of information, and
other raw data required in the performance of this contract. The
Contractor shall provide the information contained in its working files
upon request of the Contracting Officer.
(End of clause)
[49 FR 8867, Mar. 8, 1984. Redesignated at 55 FR 39622, Sept. 28, 1990,
as amended at 21994, May 4, 1995. Redesignated at 61 FR 57339, Nov. 6,
1996, as amended at 62 FR 33573, June 20, 1997]
Sec. 1552.211-76 Legal analysis.
As prescribed in 1511.011-76, insert this contract clause when it is
determined that the contract involves legal analysis.
Legal Analysis (APR 1984)
The Contractor shall furnish to the Project Officer one (1) copy of
any draft legal analysis. The Government will provide a response to the
Contractor within thirty (30) calendar days after receipt. The
Contractor shall not finalize the analysis until the Government has
given approval.
(End of clause)
[49 FR 8867, Mar. 8, 1984. Redesignated at 55 FR 39622, Sept. 28, 1990,
as amended at 60 FR 21994, May 4, 1995. Redesignated at 61 FR 57339,
Nov. 6, 1996, as amended at 62 FR 33573, June 20, 1997]
Sec. 1552.211-77 Final reports.
As prescribed in 1511.011-77, insert this contract clause when a
contract requires a draft and a final report.
Final Reports (APR 1984)
(a) ``Draft Report''--The Contractor shall submit to the Project
Officer ---- copies of the draft final report on or before ---- (date)
---- The Contractor shall furnish to the Contracting Officer a copy of
the letter transmitting the draft. The draft shall be typed double-
spaced or space-and-a-half and shall include all pertinent material
required in the final report. The Government will review for approval or
disapproval the draft and provide a response to the Contractor within --
-- calendar days after receipt. If the Government does not provide a
response within the allotted review time, the Contractor immediately
shall notify the Contracting Officer in writing.
(b) ``Final Report''--The Contractor shall deliver a final report on
or before the last day of the period of performance specified in the
contract. Distribution is as follows:
------------------------------------------------------------------------
No. of copies Addressee
------------------------------------------------------------------------
1..................................... EPA Library.
1..................................... Contracting Officer.
1..................................... Project Officer.
------------------------------------------------------------------------
(End of clause)
[49 FR 8867, Mar. 8, 1984. Redesignated at 55 FR 39622, Sept. 28, 1990,
as amended at 60 FR 21994, May 4, 1995. Redesignated at 61 FR 57339,
Nov. 6, 1996, as amended at 62 FR 33573, June 20, 1997]
Sec. 1552.211-78 Management consulting services.
As prescribed in 1511.011-78, insert the following contract clause
in all contracts for management consulting services.
Management Consulting Services (APR 1985)
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.
[[Page 76]]
(End of clause)
[50 FR 14360, Apr. 11, 1985; 50 FR 15425, Apr. 18, 1985. Redesignated at
55 FR 39622, Sept. 28, 1990, as amended at 60 FR 21994, May 4, 1995.
Redesignated at 61 FR 57339, Nov. 6, 1996, as amended at 62 FR 33573,
June 20, 1997]
Sec. 1552.211-79 Compliance with EPA Policies for Information
Resources Management.
As prescribed in 1511.011-79, insert the following clause:
Compliance With EPA Policies for Information Resources Management (OCT
2000)
(a) Definition. Information Resources Management (IRM) is defined as
any planning, budgeting, organizing, directing, training, promoting,
controlling, and managing activities associated with the burden,
collection, creation, use and dissemination of information. IRM includes
both information itself, and the management of information and related
resources such as personnel, equipment, funds, and technology. Examples
of these services include but are not limited to the following:
(1) The acquisition, creation, or modification of a computer program
or automated data base for delivery to EPA or use by EPA or contractors
operating EPA programs.
(2) The analysis of requirements for, study of the feasibility of,
evaluation of alternatives for, or design and development of a computer
program or automated data base for use by EPA or contractors operating
EPA programs.
(3) Services that provide EPA personnel access to or use of computer
or word processing equipment, software, or related services.
(4) Services that provide EPA personnel access to or use of: Data
communications; electronic messaging services or capabilities;
electronic bulletin boards, or other forms of electronic information
dissemination; electronic record-keeping; or any other automated
information services.
(b) General. The Contractor shall perform any IRM related work under
this contract in accordance with the IRM policies, standards and
procedures set forth in this clause and noted below. Upon receipt of a
work request (i.e. delivery order or work assignment), the Contractor
shall check this listing of directives (see paragraph (d) for electronic
access). The applicable directives for performance of the work request
are those in effect on the date of issuance of the work request.
(1) IRM Policies, Standards and Procedures. The 2100 Series (2100-
2199) of the Agency's Directive System contains the majority of the
Agency's IRM policies, standards and procedures.
(2) Groundwater Program IRM Requirement. A contractor performing any
work related to collecting Groundwater data; or developing or enhancing
data bases containing Groundwater quality data shall comply with EPA
Order 7500.1A--Minimum Set of Data Elements for Groundwater.
(3) EPA Computing and Telecommunications Services. The Enterprise
Technology Services Division (ETSD) Operational Directives Manual
contains procedural information about the operation of the Agency's
computing and telecommunications services. Contractors performing work
for the Agency's National Computer Center or those who are developing
systems which will be operating on the Agency's national platforms must
comply with procedures established in the Manual. (This document may be
found at: http://basin.rtpnc.epa.gov/etsd/directives.nsf).
(c) Printed Documents. Documents listed in (b)(1) and (b)(2) may be
obtained from: U.S. Environmental Protection Agency Office of
Administration Facilities Management and Services Division Distribution
Section Mail Code: 3204 1200 Pennsylvania Ave., NW., Washington, DC
20460 Phone: (202) 260-5797
(d) Electronic access. A complete listing, including full text, of
documents included in the 2100 Series of the Agency's Directive System
is maintained on the EPA Public Access Server on the Internet at http://
epa.gov/docs/irmpoli8/.
(End of clause)
[56 FR 42236, Aug. 27, 1991, as amended at 61 FR 33693, June 28, 1996.
Redesignated at 61 FR 57339, Nov. 6, 1996, as amended at 62 FR 33573,
June 20, 1997; 65 FR 47325, Aug. 2, 2000; 65 FR 58924, Oct. 3, 2000; 66
FR 28674, May 24, 2001; 66 FR 34376, June 28, 2001; 67 FR 5072, Feb. 4,
2002]
Sec. 1552.211-80 Data standards for the transmission of laboratory
measurement results.
As prescribed in 1511.011-80, insert the following clause:
Data Standards for the Transmission of Laboratory Measurement Results
(OCT 2000)
This contract requires the transmission of environmental
measurements to EPA. The transmission of environmental measurements
shall be in accordance with the provisions of EPA Order 2180.2, dated
December 10, 1987, which is incorporated by reference in this contract.
Copies of the Order may be obtained by written request to: Office of
Information Resources Management, Information Management and Systems
Division, Mail Code (3404), Ariel Rios Building, 1200 Pennsylvania
Avenue, NW, Washington, DC 20460.
[[Page 77]]
(End of clause)
[65 FR 58925, Oct. 3, 2000]
Sec. 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)
[49 FR 8867, Mar. 8, 1984; 49 FR 24734, June 15, 1984]
Sec. 1552.214-71 Contract award--other factors--formal advertising.
As prescribed in 1514.201-6(b), insert the following solicitation
provision in invitations for bids (IFB) when it is appropriate to
describe other factors that will be used in evaluating bids for award.
This provision is used to describe the other factors mentioned in the
solicitation provisions ``Contract Award--Formal Advertising'' (FAR
52.214-10), and ``Contract Award--Construction'' (FAR 52.214-19). All
other evaluation provisions in the IFB (e.g., evaluation of options)
should be cross-referenced in this provision. The other factors set
forth in the provision should represent a consolidated statement of the
exact basis upon which bids will be evaluated for award.
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)
Sec. 1552.215-70 EPA source evaluation and selection procedures--
negotiated procurements.
As prescribed in 1515.209(a), insert the following provision:
EPA Source Evaluation and Selection Procedures--Negotiated Procurements
(AUG 1999)
(a) The Government will perform source selection in accordance with
FAR Part 15 and the EPA Source Evaluation and Selection Procedures in
EPAAR Part 1515 (48 CFR Part 1515). The significant features of this
procedure are:
(1) The Government will perform either cost analysis or price
analysis of the offeror's cost/business proposal in accordance with FAR
Parts 15 and 31, as appropriate. In addition, the Government will also
evaluate proposals to determine contract cost or price realism.
Cost or price realism relates to an offeror's demonstrating that the
proposed cost or price provides an adequate reflection of the offeror's
understanding of the requirements of this solicitation, i.e., that the
cost or price is not unrealistically low or unreasonably high.
(2) The Government will evaluate technical proposals as specified in
1552.215-71, Evaluation Factors for Award.
(b) In addition to evaluation of the previously discussed elements,
the Government will consider in any award decision the responsibility
factors set forth in FAR Part 9.
(End of provision)
[61 FR 47067, Sept. 6, 1996, as amended at 61 FR 57339, Nov. 6, 1996; 64
FR 47415, Aug. 31, 1999]
Sec. 1552.215-71 Evaluation factors for award.
As prescribed in 1515.209(a), insert one of the following
provisions.
Evaluation Factors for Award (AUG 1999)
(a) The Government will make award to the responsible offeror(s)
whose offer conforms to the solicitation and is most advantageous to the
Government cost or other factors considered. For this solicitation, all
evaluation factors other than cost or price when combined are
significantly more important than cost or price.
[[Page 78]]
(b) Evaluation factors and significant subfactors to determine
quality of product or service:
________________________________________________________________________
________________________________________________________________________
(End of provision)
Evaluation Factors for Award (AUG 1999)--Alternate I (AUG 2000)
(a) The Government will make award to the responsible offeror(s)
whose offer conforms to the solicitation and is most advantageous to the
Government cost or other factors considered. For this solicitation, all
evaluation factors other than cost or price when combined are
significantly less important than cost or price.
(b) Evaluation factors and significant subfactors to determine
quality of product or service:
________________________________________________________________________
(End of provision)
________________________________________________________________________
Evaluation Factors for Award (AUG 1999)--Alternate II (AUG 2000)
(a) The Government will make award to the responsible offeror(s)
whose offer conforms to the solicitation and is most advantageous to the
Government cost or other factors considered. For this solicitation, all
evaluation factors other than cost or price when combined are
approximately equal to cost or price.
(b) Evaluation factors and significant subfactors to determine the
quality of product or service:
________________________________________________________________________
________________________________________________________________________
(End of provision)
Evaluation Factors for Award (AUG 1999)--Alternate III (AUG 2000)
(a) The Government will make award to the offeror with the lowest-
evaluated cost or price, whose proposal meets or exceeds the
acceptability standards for non-cost factors. In the event that there
are two or more technically acceptable, equal price (cost) offers, the
Government will consider socioeconomic, environmental and other similar
factors, as listed below in descending order of importance:
________________________________________________________________________
________________________________________________________________________
(b) Factors and significant subfactors for technical acceptability
evaluation:
________________________________________________________________________
________________________________________________________________________
(c) Factors for past performance evaluation (optional):
________________________________________________________________________
________________________________________________________________________
(End of provision)
[64 FR 47415, Aug. 31, 1999]
Sec. 1552.215-72 Instructions for the Preparation of Proposals.
As prescribed in 1515.408(a)(1) insert the following provision:
Instructions for the Preparation of Proposals (AUG 1999)
(a) Other than cost proposal instructions.
(1) Submit proposal for than cost factors as a separate part of the
total proposal package. Omit all cost or pricing details from this
proposal.
(2) Special proposal instructions:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(b) Cost or pricing proposal instructions. The offeror shall prepare
and submit cost or pricing information data and supporting attachments
in accordance with Table 15-2 of FAR 15.408. In addition to a hard copy
of the information, to expedite review of the proposal, submit a 3.5''
high density IBM-compatible formatted computer disk containing the
financial data required, if this information is available using a
commercial spreadsheet program on a personal computer. Submit this
information using LOTUS 1-2-3, if available. Identify which version of
LOTUS used. If the offeror used another spreadsheet program, indicate
the software program used to create this information. Offerors should
include the formulas and factors used in calculating the financial data.
Although submission of a computer disk will expedite review, failure to
submit a disk will not affect consideration of the proposal.
(1) General--Submit cost or pricing information prepared in
accordance with FAR Table 15-2, Instructions for Submitting Cost/Price
Proposals When Cost or Pricing Information Are Required and the
following:
(i) Clearly identify separate cost or pricing information associated
with any:
(A) Options to extend the term of the contract;
(B) Options for the Government to order incremental quantities; and/
or
(C) Major tasks, if required by the special instructions.
(ii) If the contract schedule includes a ``Fixed Rate for Services''
clause, please provide in the cost proposal a schedule duplicating the
format in the clause and include
[[Page 79]]
proposed fixed hourly rates per labor category for the base and any
optional contract periods.
(iii) If the contract includes the clause at EPAAR 1552.232-73
``Payments--Fixed-Rate Services Contract,'' or the clause at FAR 52.232-
7, ``Payments Under Time and Materials and Labor-Hour Contracts,''
include in the cost proposal the estimated costs and burden rate to be
applied to materials, other direct costs, or subcontracts. The
Government will include these costs as part of its cost proposal
evaluation.
(iv) If other divisions, subsidiaries, a parent or affiliated
companies will perform work, provide the name and location of such
affiliate and offeror's intercompany pricing policy. Separately identify
costs and supporting data for each entity proposed.
(v) The realism of costs, including personnel compensation rates
(including effective hourly rates due to uncompensated overtime) will be
part of the proposal evaluation. Any reductions to proposed costs or
differences between proposed and known EPA/DCAA recommended rates must
be fully explained. If an offeror makes a reduction which makes its
offer or portions of its offer below anticipated costs, the offeror
shall identify where (i.e., which elements of costs) the proposed
reductions will be made. Unsubstantiated rates may result in an upward
or downward adjustment of the cost proposals to reflect more realistic
costs. Based on this analysis, a projected cost for the offeror will be
calculated to reflect the Government's estimate of the offeror's
probable costs. Any inconsistency, whether real or apparent, between the
promised performance and cost or price should be explained. The burden
of proof for cost credibility rests with the offeror.
(2) Direct Labor.
(i) The direct technical labor hours (level-of-effort) appearing in
the solicitation are for professional and technical labor only. These
hours do not include management at a level higher than project
management, e.g., corporate and day-to-day management, nor do they
include clerical and support staff at a level lower than technician. If
it is the offeror's normal practice to charge these types of costs as
direct costs, include these costs along with an estimate of the directly
chargeable labor-hours for these personnel. These direct charges are to
be shown separately from the technical (level-of-effort) effort. If this
type of effort is normally included in the offeror's indirect cost
allocations, no estimate is required. However, direct charging of these
on any resulting contract will not be allowed. Additionally the direct
technical labor hours are the workable hours required by the Government
and do not include release time (i.e., holidays, vacation, etc.) Submit
the proposal utilizing the labor categories and distribution of the
level-of-effort specified in the solicitation. These are approximate
distribution levels and do not necessarily represent the actual levels
which may be experienced during contract performance.
(ii) Explain the basis of the proposed labor rates, including a
complete justification for all judgmental factors used to develop
weights applied to company's category or individual rates that comprise
the rates for labor categories specified in the solicitation. This
explanation should describe how technical approach coincides with the
proposed costs. If the proposed direct labor rates are based on an
average of the individuals proposed to work on the contract, provide a
list of the individuals proposed and the hours associated with each
individual in deriving the rates. If the proposed direct labor rates are
based on an average of company category rates, identify and describe the
labor categories and the percentages associated with each category in
deriving the rates, explaining in detail the basis for the percentages
assigned.
(iii) Describe for each labor category proposed, the company's
qualifications and experience requirements. If individual rates are
used, provide the employee's name. If specific individuals are
identified in the technical proposal, correlate these individuals with
the labor categories specified in the solicitation.
(iv) Provide a matrix summarizing the effort proposed, including the
subcontracts, by professional and technical level specified in the
solicitation.
(v) Indicate whether current rates or escalated rates are used. If
escalation is included, state the degree (percent) and methodology. The
methodology shall include the effective date of the base rates and the
policy on salary reviews (e.g. anniversary date of employee or salary
reviews for all employees on a specific date).
(vi) State whether any additional direct labor (new hire or
temporary hires) will be required during the performance period of this
acquisition. If so, state the number required, the professional or
technical level and the methodology used to estimate proposed labor
rates.
(vii) With respect to educational institutions, include the
following information for those professional staff members whose salary
is expected to be covered by a stipulated salary support agreement
pursuant to OMB Circular A-21.
(A) Individual's name;
(B) Annual salary and the period for which the salary is applicable;
(C) List of other research Projects or proposals for which salaries
are allocated, and the proportionate time charged to each; and
(D) Other duties, such as teaching assignments, administrative
assignments, and
[[Page 80]]
other institutional activities. Show the proportionate time charged to
each. (Show proportionate time charges as a percentage of 100% of time
for the entire academic year, exclusive of vacation or sabbatical
leave.)
(viii) Uncompensated overtime. The decision to propose uncompensated
overtime is the offeror's decision. Should the offeror, however, elect
to propose uncompensated overtime, the offeror must propose a
methodology that is consistent with their cost accounting practices and
company policy. If proposed, provide an estimate of any uncompensated
overtime proposed for exempt personnel working at the offeror's
facilities. This estimate should identify the number of uncompensated
labor hours and the percentage of compensated labor. Uncompensated labor
hours are defined as hours for exempt personnel in excess of regular
hours for a pay period which are actually worked and recorded in
accordance with company policy. Provide a copy of the company policy on
uncompensated overtime. Provide historical percentages of uncompensated
overtime for the past three years. If proposed for subcontractors,
provide separately with subcontractor information.
(ix) For labor rate contracts, for each fixed labor rate, offerors
shall identify the basis for the loaded fixed hourly rate for each
contract period for example, the rate might consist of the following
cost elements: raw wage or salary rate, plus fringe benefits (if
applicable), plus overhead rate (if applicable), plus G&A expense rate
(if applicable), plus profit.
When determining the composite raw wage for a labor category, the
offeror shall:
(A) provide in narrative form the basis for the raw wage for each
labor category. If actual wages of current employees are used, the basis
for the projections should be explained.
(B) If employees are subject to the Service Contract Act or Davis
Bacon Act, they must be compensated at least at the minimum wage rate
required by the applicable Wage Determination.
(3) Indirect costs (fringe, overhead, general, and administrative
expenses).
(i) If the rates have been recently approved, include a copy of the
rate agreement. If the agreement does not cover the projected
performance period of the proposed effort, provide the rationale and any
estimated rate calculations for the proposed performance period.
(ii) Submit supporting documentation for rates which have not been
approved or audited. Indicate whether computations are based upon
historical or projected data.
(iii) Provide actual pool expenses, base dollars, or hours (as
applicable for the past five years). Include the actual indirect rates
for the past five years including the indirect rates proposed, the
actual indirect rates experienced and, if available, the final
negotiated rate. Indicate the amount of unallowable costs included in
the historical data.
(iv) Offerors who propose indirect rates for new or substantially
reorganized cost centers should consider offering to accept ceilings on
the indirect rates at the proposed rates. Similarly, offerors whose
subcontractors propose indirect rates for new or substantially
reorganized cost centers should likewise consider offering to accept
ceilings on the subcontractors' indirect rates at the proposed rates.
Note to paragraph (b)(3)(iv). The Government reserves the right to
adjust an offeror's or its subcontractor's estimated indirect costs for
evaluation purposes based on the Agency's judgment of the most probable
costs up to the amount of any stated ceiling.
(v) If the employees are subject to the Service Contract Act or
Davis Bacon Act, employees must receive the minimum level of benefits
stated in the applicable Wage Determination.
(4) Travel expense.
(i) If the solicitation specifies the amount of travel costs, this
amount is exclusive of any applicable indirect costs and fee.
(ii) If the solicitation does not specify the amount of travel
costs, attach a schedule illustrating how travel was computed. Include a
breakdown indicating number of trips, number of travelers, destinations
from and to, purpose and cost, e.g., mileage, transportation costs,
subsistence rates.
(5) Equipment, facilities and special equipment, including tooling.
(i) If direct charges for use of existing contractor equipment are
proposed, provide a description of these items, including estimated
usage hours, rates, and total costs.
(ii) If equipment purchases are proposed, provide a description of
these items, and a justification as to why the Government should furnish
the equipment or allow its purchase with contract funds. (Unless
specified elsewhere in this solicitation, FAR 45.302-1 requires
contractors to furnish all facilities in performance of contracts with
certain limited exceptions.)
(iii) Identify Government-owned property in the possession of the
offeror or proposed to be used in the performance of the contract, and
the Government agency which has cognizance over the property.
(iv) Submit proposed rates or use charges for equipment, along with
documentation to support those rates.
(v) If special purposes facilities or equipment are being proposed,
provide a description of these items, details for the proposed costs
including competitive prices, and justification as to why the Government
should furnish the equipment or allow its purchase with contract funds.
[[Page 81]]
(vi) If fabrication by the prime contractor is contemplated, include
details of material, labor, and overhead.
(6) Other Direct Costs (ODC).
(i) If the solicitation specifies the amount of other direct costs,
this amount is exclusive of any applicable indirect cost and fee.
(ii) If the amount is not specified in the solicitation, attach a
schedule detailing how other direct costs were computed. Identify the
major ODC items that under the accounting system would be a direct
charge on any resulting contract.
(iii) If any of the cost elements identified as part of the
specified other direct costs are recovered as an indirect cost, in
accordance with the offeror's accounting system, those costs should not
be included as a direct cost. Complete explanation of this adjustment
and the contractor's practice should be provided.
(iv) Provide historical other direct costs dollars per level of
effort hour on similar contracts or work assignments.
(7) Team Subcontracts. When the cost of a subcontract is substantial
(5 percent of the total estimated contract dollar value or $100,000,
whichever is less), the offeror shall include the following
subcontractor information:
(i) Provide details of subcontract costs in the same format as the
prime contractor's costs. This detailed information may be provided
separately to the EPA if the subcontractor does not wish to provide this
data to the prime contractor. Cost data provided separately by a
contractor must be received by the time, date and at the location
specified for the receipt of proposals. The subcontractor's package
should be clearly marked with the RFP number, the name of the prime
offeror, and a statement that the package is subcontractor data relevant
to the proposal from the prime offeror. If submitted with the prime
contractor's proposal, identify the subcontractors. State the amount of
service estimated to be required and the quoted daily or hourly rate.
Offerors are encouraged to provide letters of intent, signed by
subcontractors, agreeing to a specified rate for life of the contract.
Include a cost or price analysis of the subcontractor cost showing the
reasons why the costs are considered reasonable;
(ii) Describe how the prospective team subcontractors were chosen as
part of the offeror's proposed team; and rationale for selection;
(iii) Describe the necessity for the subcontractor's effort as
either a supplement or complement to the offeror's in-house expertise;
(iv) Identify the areas of the scope of work and the level of effort
the subcontractors are anticipated to perform. Provide a reconciliation
summary of the proposed hours and ODCs for the prime contractor and
proposed subcontractor(s).
(v) Describe the prime contractor's management structure and
internal controls to ensure efficient and quality performance of team
subcontractors.
(8) Facilities Capital Cost of Money (FCCM). When an offeror elects
to claim FCCM as an allowable cost, the offeror must submit Form CASB-
CNF and show calculation of the proposed amount. FCCM will be an
allowable cost under the contemplated contract, if the criteria for
allowability at FAR 31.205-10(a)(2) are met.
(End of provision)
Alternate I (AUG 1999). If the Government's requirement is a fully
dedicated staff person for a twelve month period(s) for each specified
position and performance is on a Government facility, add the following
paragraph (b)(2)(x) to the basic provision:
(x) The level of effort for each position is to be proposed in work
years. A work year is considered to consist of 2080 hours inclusive of
direct and indirect time (40 hours per week x 52 weeks per year=2080
hours). The proposal must identify proposed work years and clearly
identify how many hours in each work year are direct (i.e., productive
working hours) and how many are indirect (i.e., paid absences). If the
company policy includes a different base work week, the total available
hours would be different. For example, if the company's policy calls for
a 37.5 hour work week, offeror would deduct paid absences from 1950 hour
(37.5 hours/week x 52 weeks/year=1950 hours). Offeror should clearly
identify the paid absences as to how many hours are for holiday and how
many hours are for vacation and sick leave. The amount of indirect time
(paid absences) identified in the proposal must be consistent with
company policy and must allow for the ten Federal government holidays.
Alternate II (AUG 1999). If the Government's requirement is a fully
dedicated staff person for a twelve month period(s) for each specified
position and performance is not on a Government facility; add the
following paragraph (b)(2)(x) to the basic provision:
(x) The level of effort for each position is to be proposed in work
years. A work year is considered to consist of 2080 hours inclusive of
direct and indirect time (40 hours per week x 52 weeks per year=2080
hours). The proposal must identify proposed work years and clearly
identify how many hours in each work year are direct (i.e., productive
working hours) and how many are indirect (i.e., paid absences). If the
company policy includes a different base work week, the total
[[Page 82]]
available hours would be different. For example, if the company's policy
calls for a 37.5 hour work week, offeror would deduct paid absences from
1950 hour (37.5 hours/week x 52 weeks/year=1950 hours). Offeror should
clearly identify the paid absences as to how many hours are for holiday
and how many hours are for vacation and sick leave.
Alternate III (AUG 1999). If the requirement is for the acquisition
of supplies or equipment, substitute the following paragraphs (a)(iv)--
(viii) and add (a)(ix) and (b).
(iv) Provide information as to how the proposed supplies or
equipment meet the salient characteristics required by the contract line
item;
(v) Provide published brochures, catalogs, or other technical
literature by contract line item;
(vi) Meet any interface or compatibility requirements by contract
line item;
(vii) Describe warranty services and how delivered by contract line
item;
(viii) Assumptions, deviations and exceptions (as necessary); and
(ix) Additional information.
(b) Supplies--Provide unit pricing by contract line items for:
(i) each line item;
(ii) delivery;
(iii) installation;
(iv) sets of operating manuals;
(v) training;
(vi) warranty;
(vii) maintenance; and
(viii) volume discounts.
[64 FR 47415, Aug. 31, 1999]
Sec. 1552.215-73 General financial and organizational information.
As prescribed in 1515.408(a)(2), insert the following provision:
General Financial and Organizational Information: (AUG 1999)
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 on file at EPA and to whom and where it was submitted or
update all outdated information on file.
(a) Contractor's Name:_________________________________________________
(b) Address (If financial records are maintained at some other
location, show the address of the place where the records are kept):
________________________________________________________________________
________________________________________________________________________
(c) Telephone Number:__________________________________________________
(d) Individual(s) to contact re. this proposal:________________________
________________________________________________________________________
(e) Cognizant Government:
Audit Agency:___________________________________________________________
Address:________________________________________________________________
Auditor:________________________________________________________________
(f)(1) Work Distribution for the Last Completed Fiscal Accounting
Period:
Sales:
Government cost-reimbursement type prime contracts $--------
and subcontracts.................................
Government fixed-price prime contracts and $--------
subcontracts.....................................
Commercial Sales.................................. $--------
Total Sales..................................... $--------
(2) Total Sales for first and second fiscal years
immediately preceding last completed fiscal year.
Total Sales for First Preceding Fiscal Year......... $--------
Total Sales for Second Preceding Fiscal Year........ $--------
(g) Is company a separate rate entity or division?..
Yes--------
No--------
If a division or subsidiary corporation, name parent company:
________________________________________________________________________
(h) Date Company Organized:____________________________________________
(i) Manpower:
Total Employees:________________________________________________________
Direct:_________________________________________________________________
Indirect:_______________________________________________________________
Standard Work Week (Hours):_____________________________________________
(j) Commercial Products:_______________________________________________
(k) Attach a current organizational chart of the company.
(l) Description of Contractor's system of estimating and
accumulating costs under Government contracts. (Check appropriate
blocks.)
------------------------------------------------------------------------
Estimated/ Standard
actual cost cost
------------------------------------------------------------------------
Estimating System:
Job Order................................... ------ ------
Process..................................... ------ ------
Accumulating System:
Job Order................................... ------ ------
Process..................................... ------ ------
------------------------------------------------------------------------
Has your cost estimating system been approved by any Government
agency?
Yes -------- No --------
[[Page 83]]
If yes, give name, date or approval, and location of agency:
________________________________________________________________________
________________________________________________________________________
Has your cost accumulation system been approved by any Government
agency?
Yes -------- No --------
If yes, give name, date of approval, and address of agency:
________________________________________________________________________
________________________________________________________________________
(m) What is your fiscal year period? (Give month-to-month dates):
________________________________________________________________________
________________________________________________________________________
What were the indirect cost rates for your last completed fiscal
year?
------------------------------------------------------------------------
Indirect Basis of
Fiscal year cost rate allocation
------------------------------------------------------------------------
Fringe Benefits................................. ------ ------
Overhead........................................ ------ ------
G&A Expense..................................... ------ ------
Other........................................... ------ ------
------------------------------------------------------------------------
(n) Have the proposed indirect cost rate(s) been evaluated and
accepted by any Government agency?
Yes -------- No --------
If yes, give name, date of approval, and location of the Government
agency:
________________________________________________________________________
Date of last preaward audit review by a Government agency:
________________________________________________________________________
If the answer is no, data supporting the proposed rates must
accompany the cost or price proposal. A breakdown of the items
comprising overhead and G&A must be furnished.
(o) Cost estimating is performed by:
Accounting Department___________________________________________________
Contracting Department__________________________________________________
Other (describe)________________________________________________________
(p) Has system of control of Government property been approved by a
Government agency?
Yes -------- No --------
If yes, give name, date of approval, and location of the Government
agency:
________________________________________________________________________
________________________________________________________________________
(q) Purchasing System: FAR 44.302 requires EPA, where it is the
cognizant Government agency, to conduct a Contractor Purchasing System
Review for each contractor whose sales to the Government, using other
than sealed bid procedures, are expected to exceed $25 million (annual
billings) during the next twelve months. The $25 million sales threshold
is comprised of prime contracts, subcontractors under Government prime
contracts, and modifications (except when the negotiated price is based
on established catalog or market prices or is set by law or regulation).
Has your purchasing system been approved by a Government agency?
Yes -------- No --------
If yes, name and location of the Government agency:
________________________________________________________________________
Period of Approval:_____________________________________________________
If no, do you estimate that your negotiated sales to the Government
during the next twelve months will meet the $25 million threshold? Yes
-------- No --------
If you responded yes to the $25 million threshold question, is EPA
the cognizant agency for your organization based on the preponderance of
Government contract dollars?
Yes -------- No --------
If EPA is not your cognizant Government agency, provide the name and
location of the cognizant agency ------------
________________________________________________________________________
Are your purchasing policies and procedures written?
Yes -------- No --------
(r) Does your firm have an established written incentive
compensation or bonus plan?
Yes -------- No --------
(s) Additionally, offerors shall submit current financial
statements, including a Balance Sheet, Statement of Income (Loss), and
Cash Flow for the last two completed fiscal years. Specify resources
available to perform the contract without assistance from any outside
source. If sufficient resources are not available, indicate in proposal
the amount required and the anticipated source (i.e., bank loans, letter
or lines of credit, etc.).
(End of provision)
[64 FR 47417, Aug. 31, 1999]
Sec. 1552.215-74 Advanced understanding--uncompensated time.
As prescribed in 1515.408(b), insert the following provision or one
substantially the same as the following provision:
Advanced Understanding--Uncompensated Time (AUG 1999)
(a) The estimated cost of this contract is based upon the
Contractor's proposal which specified that exempt personnel identified
to work at the Contractor's facilities will provide uncompensated labor
hours to the contract totaling -------- percent of compensated labor.
(Note: the commitment for uncompensated time, and the formula elements
in paragraph (b) below, apply only to
[[Page 84]]
exempt personnel working at the Contractor's facilities and does not
include non-exempt personnel or exempt personnel working at other
facilities.) Uncompensated labor hours are defined as hours of exempt
personnel in excess of regular hours for a -------- pay period which are
actually worked and recorded in accordance with the company policy,
entitled, ----------------.
(b) Recognizing that the probable cost to the Government for the
labor provided under this contract is calculated assuming a proposed
level of uncompensated labor hours, it is hereby agreed that in the
event the proposed level of uncompensated labor hours are not provided,
an adjustment, calculated in accordance with the following formula will
be made to the contract amount.
Formula:
Adjustment equals estimated value of uncompensated time hours not
provided.
Target uncompensated time percent minus ------ percent.
Shortage of uncompensated time percent minus actual cost percent.
Estimated value of uncompensated time hours not provided equals
shortage of uncompensated time percent times total exempt applicable
direct labor costs (including applicable indirect costs).
(c) Within three weeks after the end of the contract, the Contractor
shall submit a statement concerning the amount of uncompensated time
hours delivered during the contract. In the event there is a shortage of
uncompensated time hours provided, a calculation, utilizing the above
formula will be made and this calculation will be the basis for an
adjustment in the contract amount.
(d) In the event adjustments are made to the contract, the adjusted
amounts shall not be allowable as a direct or indirect cost to this or
any other Government contract.
(End of clause)
[64 FR 47418, Aug. 31, 1999]
Sec. 1552.215-75 Past performance information.
As prescribed in 1515.209(c), insert the following clause:
Past Performance Information (OCT 2000)
(a) Offerors shall submit the information requested below as part of
their proposal for both the offeror and any proposed subcontractors for
subcontracts expected to exceed $ * . The information may be submitted
prior to other parts of the proposal in order to assist the Government
in reducing the evaluation period.
(b) Offerors shall submit a list of all or at least * contracts and
subcontracts completed in the last * years, and all contracts and
subcontracts currently in process, which are similar in nature to this
requirement.
(1) The contracts and subcontracts listed may include those entered
into with Federal, State and local governments, and commercial
businesses, which are of similar scope, magnitude, relevance, and
complexity to the requirement which is described in the RFP. Include the
following information for each contract and subcontract listed:
(a) Name of contracting activity.
(b) Contract number.
(c) Contract title.
(d) Contract type.
(e) Brief description of contract or subcontract and relevance to
this requirement.
(f) Total contract value.
(g) Period of performance.
(h) Contracting officer, telephone number, and E-mail address (if
available).
(i) Program manager/project officer, telephone number, and E-mail
address (if available).
(j) Administrative Contracting officer, if different from (h) above,
telephone number, and E-mail address (if available).
(k) List of subcontractors (if applicable).
(l) Compliance with subcontracting plan goals for small
disadvantaged business concerns, monetary targets for small
disadvantaged business participation, and the notifications submitted
under FAR 19.1202-4 (b), if applicable.
(c) Offerors should not provide general information on their
performance on the identified contracts and subcontracts. General
performance information will be obtained from the references.
(1) Offerors may provide information on problems encountered and
corrective actions taken on the identified contracts and subcontracts.
(2) References that may be contacted by the Government include the
contracting officer, program manager/project officer, or the
administrative contracting officer identified above.
(3) If no response is received from a reference, the Government will
make an attempt to contact another reference identified by the offeror,
to contact a reference not identified by the offeror, or to complete the
evaluation with those references who responded. The Government shall
consider the information provided by the references, and may also
consider information obtained from other sources, when evaluating an
offeror's past performance.
(4) Attempts to obtain responses from references will generally not
go beyond two telephonic messages and/or written requests from the
Government, unless otherwise stated in the solicitation. The Government
is not obligated to contact all of the references identified by the
offeror.
(d) If negative feedback is received from an offeror's reference,
the Government will
[[Page 85]]
compare the negative response to the responses from the offeror's other
references to note differences. A score will be assigned appropriately
to the offeror based on the information. The offeror will be given the
opportunity to address adverse past performance information obtained
from references on which the offeror has not had a previous opportunity
to comment, if that information makes a difference in the Government's
decision to include the offeror in or exclude the offeror from the
competitive range. Any past performance deficiency or significant
weakness will be discussed with offerors in the competitive range during
discussions.
(e) Offerors must send Client Authorization Letters (see Section J
of the solicitation) to each reference listed in their proposal to
assist in the timely processing of the past performance evaluation.
Offerors are encouraged to consolidate requests whenever possible (i.e.,
if the same reference has several contracts, send that reference a
single notice citing all applicable contracts). Offerors may send Client
Authorization Letters electronically to references with copies forwarded
to the contracting officer.
(1) If an offeror has no relevant past performance history, an
offeror must affirmatively state that it possesses no relevant past
performance history.
(2) Client Authorization Letters should be mailed or E-mailed to
individual references no later than five (5) working days after proposal
submission. The offeror should forward a copy of the Client
Authorization Letter to the contracting officer simultaneously with
mailing to references.
(f) Each offeror may describe any quality awards or certifications
that indicate the offeror possesses a high-quality process for
developing and producing the product or service required. Such awards or
certifications include, for example, the Malcolm Baldrige Quality Award,
other Government quality awards, and private sector awards or
certifications.
(1) Identify the segment of the company (one division or the entire
company) which received the award or certification.
(2) Describe when the award or certification was bestowed. If the
award or certification is over three years old, present evidence that
the qualifications still apply.
(g) Past performance information will be used for both
responsibility determinations and as an evaluation factor for award. The
Past Performance Questionnaire identified in section J will be used to
collect information on an offeror's performance under existing and prior
contracts/subcontracts for products or services similar in scope,
magnitude, relevance, and complexity to this requirement in order to
evaluate offerors consistent with the past performance evaluation factor
set forth in section M. References other than those identified by the
offeror may be contacted by the Government and used in the evaluation of
the offeror's past performance.
(h) Any information collected concerning an offeror's past
performance will be maintained in the official contract file.
(i) In accordance with FAR 15.305 (a) (2) (iv), offerors with no
relevant past performance history, or for whom information on past
performance is not available, will be evaluated neither favorably nor
unfavorably on past performance.
* Indicates that the contracting officer inserts applicable dollar
figure and number.
(End of clause)
[65 FR 58925, Oct. 3, 2000]
Sec. 1552.215-76 [Reserved]
Sec. 1552.216-70 Award Fee.
As prescribed in 1516.405(a), insert the following clause:
Award Fee (MAY 2000)
(a) The Government shall pay the contractor a base fee, if any, and
such additional fee as may be earned, as provided in the award fee plan
incorporated into the Schedule.
(b) Award fee determinations made by the Government under this
contract are unilaterally determined by the Fee Determination Official
(FDO). The amount of the award fee to be paid is determined by the
Government's judgmental evaluation of the contractor's performance in
terms of the criteria stated in the contract. This determination and the
methodology for determining the award fee are unilateral decisions made
solely at the discretion of the Government.
(c) The Government may unilaterally change the award fee plan at any
time, via contract modification, at least thirty (30) calendar days
prior to the beginning of the applicable evaluation period. Changes
issued in a unilateral modification are not subject to equitable
adjustments, consideration, or any other renegotiation of the contract.
(End of clause)
[60 FR 43404, Aug. 21, 1995, as amended at 65 FR 31500, May 18, 2000]
Sec. 1552.216-71 Date of incurrence of cost.
At 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
[[Page 86]]
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)
Sec. 1552.216-72 Ordering--by designated ordering officers.
As prescribed in 1516.505(a), insert the following in indefinite
delivery/indefinite quantity contracts.
Ordering--By Designated Ordering Officers (APR 1984)
(a) The Government will order any supplies and services to be
furnished under this contract by issuing delivery orders on Optional
Form 347, or any agency prescribed form, from ------ through ------. In
addition to the Contracting Officer, the following individuals are
authorized ordering officers.
________________________________________________________________________
________________________________________________________________________
(b) A Standard Form 30 will be the method of amending delivery
orders.
(c) The Contractor shall acknowledge receipt of each order and shall
prepare and forward to the Ordering Officer within ten (10) calendar
days the proposed staffing plan for accomplishing the assigned task
within the period specified.
(d) If the Contractor considers the estimated labor hours or
specified work completion date to be unreasonable, he/she shall promptly
notify the Ordering Officer and Contracting Officer in writing within 10
calendar days, stating why the estimated labor hours or specified
completion date is considered unreasonable.
(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)
Sec. 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 contact.
------------------------------------------------------------------------
Estimated
Skill direct Fixed
Personnel classification level labor hourly Total
hours rate
------------------------------------------------------------------------
....... .......... ....... .......
....... .......... ....... .......
....... .......... ....... .......
....... .......... ....... .......
------------------------------------------------------------------------
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)
Sec. 1552.216-74 Payment of fee.
As prescribed in 1516.307(b), insert the following clause:
Payment of Fee (MAY 1991)
(a) The term fee in this clause refers to either the fixed fee under
a cost-plus-fixed-fee type contract, or the base fee under a cost-plus-
award-fee type contract.
(b) The Government will make provisional fee payments on the basis
of percentage of work completed. Percentage of work completed is the
ratio of direct labor hours performed to the direct labor hours set
forth in
[[Page 87]]
clause 1552.211-73, Level of Effort--Cost-Reimbursement Term Contract.
(End of clause)
[56 FR 43711, Sept. 4, 1991, as amended at 63 FR 46899, Sept. 3, 1998]
Sec. 1552.216-75 Base fee and award fee proposal.
As prescribed in 1516.405(b), insert the following clause:
Base Fee and Award Fee Proposal (FEB 1999)
For the purpose of this solicitation, offerors shall propose a
combination of base fee and award fee. Base fee shall not exceed 3% of
the estimated cost, excluding fee, and the award fee shall not be less
than ----% of the total estimated cost, excluding fee. The combined
percentages of base and award fee shall not exceed ----% of the total
estimated cost, excluding fee.
(End of clause)
[64 FR 3876, Jan. 26, 1999]
Sec. 1552.216-76 Estimated cost and cost-sharing.
As prescribed in 1516.307(c), insert the following clause:
Estimated Cost and Cost-Sharing (APR 1996)
(a) The total estimated cost of performing the work under this
contract is $--------. The Contractor's share of this cost shall not
exceed $--------. The Government's share of this cost shall not exceed
$--------.
(b) For performance of the work under the contract, the Contractor
shall be reimbursed for not more than ------ percent of the cost of
performance determined to be allowable under the Allowable Cost and
Payment clause. The remaining balance of allowable cost shall constitute
the Contractor's share.
(c) Fee shall not be paid to the prime contractor under this cost-
sharing contract.
(d) The Contractor shall maintain records of all costs incurred and
claimed for reimbursement as well as any other costs claimed as part of
its cost share. Those records shall be subject to audit by the
Government.
(e) Costs contributed by the Contractor shall not be charged to the
Government under any other contract, grant or agreement (including
allocation to other contracts as part of an independent research and
development program) nor be included as contributions under any other
Federal contract.
(End of clause)
[61 FR 14505, Apr. 2, 1996]
Sec. 1552.216-77 Award term incentive.
As prescribed in 1515.406(c), insert a clause substantially the same
as follows:
Award Term Incentive (FEB 2008)
(a) General. This contract may be extended as set forth in paragraph
(b) based on overall contractor performance as evaluated in accordance
with the Clause entitled ``Award Term Incentive Plan,'' provided the
Agency has a need for the effort at or before the time an award term is
to commence, and if the contractor receives notice of the availability
of funding for an award term period pursuant to the ``Award Term
Availability of Funds'' clause. The Contracting Officer is responsible
for the overall award term evaluation and award term decision. The
Contracting Officer will unilaterally decide whether or not the
contractor is eligible for an award term extension, and in conjunction
with the Contracting Officer's Representative, will determine the need
for continued performance and funding availability.
(b) Period of performance. Provided the contractor has achieved the
performance measures, e.g., acceptable quality levels, set forth in the
clause ``Award Term Incentive Plan,'' the Contracting Officer may extend
the contract by exercising -------- [insert the total award term
incentive periods] additional award term incentive period(s) of --------
[insert the award term incentive period] months each. The total maximum
period of performance under this contract, if the Government exercises
any option periods and all award term incentive periods is --------
[insert the total of the base period, option periods (if any), and award
term incentive periods] years.
(c) Right not to grant or cancel the award term incentive. (1) The
Government has the unilateral right not to grant or to cancel award term
incentive periods and the associated award term incentive plans if--
(i) The Contracting Officer has failed to initiate an award term
incentive period, regardless of whether the contractor's performance
permitted the Contracting Officer to consider initiating the award term
incentive period; or
(ii) The contractor has failed to achieve the performance measures
for the corresponding evaluation period; or
(iii) The Government notifies the contractor in writing it does not
have funds available for the award term incentive periods; or
[[Page 88]]
(iv) The Government no longer has a need for the award term
incentive period at or before the time an award term incentive period is
to commence.
(2) When an award term incentive period is not granted or cancelled,
any--
(i) Prior award term incentive periods for which the contractor
remains otherwise eligible are unaffected.
(ii) Subsequent award term incentive periods are thereby also
cancelled.
(d) Cancellation of an award term incentive period that has not yet
commenced for any of the reasons set forth in paragraph (c) of this
clause shall not be considered either a termination for convenience or
termination for default, and shall not entitle the contractor to any
termination settlement or any other compensation. If the award term
incentive is cancelled, a unilateral modification will cite this clause
as the authority.
(e) Award term incentive administration. The award term incentive
evaluation(s) will be completed in accordance with the schedule in the
Award Term Incentive Plan. The contractor will be notified of the
results and their eligibility to be considered for the respective award
term incentive no later than 120 days after an evaluation period.
(f) Review process. The contractor may request a review of an award
term incentive evaluation which has resulted in the contractor being
ineligible for the award term incentive. The request shall be submitted
in writing to the Contracting Officer within 15 days after notification
of the results of the evaluation.
(End of clause)
[73 FR 1981, Jan. 11, 2008]
Sec. 1552.216-78 Award term incentive plan.
As prescribed in 1515.406(c), insert a clause substantially the same
as follows:
Award Term Incentive Plan (FEB 2008)
(a) The Award Term Incentive Plan provides for the evaluation of
performance, and, together with Agency need and availability of funding,
serves as the basis for award term decisions. The Award Term Incentive
Plan may be unilaterally revised by the Government. Any changes to the
Award Term Incentive Plan will be made in writing and incorporated into
the contract through a unilateral modification citing this clause. The
Government will consult with the contractor prior to the issuance of a
revised Award Term Incentive Plan, but is not required to obtain the
contractor's consent to the revisions.
(b) [describe the evaluation periods and associated award term
incentive periods, e.g., months 1-18 for award term incentive period I,
and months 19-36 for award term incentive period II]
(c) [describe the evaluation schedule, e.g., 90 days after the end
of the evaluation period]
(d) In order to be eligible for an award term incentive period the
contractor must achieve all of the acceptable quality levels (AQL) for
the evaluated tasks, both individual and aggregate, for that evaluation
period. Failure to achieve any AQL renders the contractor ineligible for
the associated award term incentive period. [identify the most
significant tasks. Describe the AQL for each task as well as an overall
AQL for the associated evaluation periods, e.g., an AQL of 90% each for
tasks 1 and 3, and an AQL of 85% for task 7, and an overall AQL of 90%
for the months 1-18 evaluation period]
(e) [If the contract will contain a quality assurance surveillance
plan (QASP), reference the QASP, e.g., attachment 2. Typically, the
performance standards and AQLs will be defined in the QASP]
(End of clause)
Alternate 1 (FEB 2008) As prescribed in 1516.406(d), substitute
paragraphs substantially the same as following paragraphs (b) through
(e) for paragraphs (b) through (e) in the basic clause:
(b) At the conclusion of each contract year, an average contract
rating shall be determined by using the numerical ratings entered into
the National Institutes of Health (NIH) Contractor Performance System
(CPS) for this contract. The NIHCPS is an interactive database located
on the Internet which EPA uses to record contractor performance
evaluations.
(c) The contract year average rating shall be obtained by dividing
the combined ratings by the number of ratings, for example:
------------------------------------------------------------------------
Criteria Rating
------------------------------------------------------------------------
Quality of Product or Service............. 5.
Cost Control.............................. 4.
Timeliness of Performance................. 4.
Business Relations........................ 5.
18 (combined rating).
/ 4 (number of ratings).
= 4.5 contract year average
rating.
------------------------------------------------------------------------
(d) The contractor shall be evaluated for performance from the start
of the contract through Year ---- [identify the evaluation period, e.g.,
year three]. The average rating for each contract year (as derived in
paragraph (c) above) will be combined and divided by [insert the number
of evaluation periods] to obtain an overall average rating, for example:
[[Page 89]]
------------------------------------------------------------------------
Evaluation period Average rating
------------------------------------------------------------------------
Year One.................................. 4.5.
Year Two.................................. 4.75.
Year Three................................ 4.75.
14 (combined average
rating).
/ 3 (number of evaluation
periods).
= 4.66 overall average
rating.
------------------------------------------------------------------------
(e) Based on the overall average rating as determined under
paragraph (d), provided that no individual rating, i.e., Quality of
Product or Service, Cost Control, Timeliness of Performance, or Business
Relations is below a 3, the contractor shall be eligible for the
following award term periods:
(1) Overall average rating of 4.6 to 5.0--Two award term incentive
periods of ---- [insert the number of months] months.
(2) Overall average rating of 4.0 to 4.6--One award term incentive
period of ---- [insert the number of months] months.
[73 FR 1981, Jan. 11, 2008]
Sec. 1552.216-79 Award term availability of funds.
As prescribed in 1515.406(c), insert the following clause:
Award Term Availability of Funds (FEB 2008)
Funds are not presently available for any award term. The
Government's obligation under any award term is contingent upon the
availability of appropriated funds from which payment can be made. No
legal liability on the part of the Government for any award term payment
may arise until funds are made available to the Contracting Officer for
an award term and until the Contractor receives notice of such
availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
[73 FR 1981, Jan. 11, 2008]
Sec. 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 options. For this solicitation
the options are as specified in section H.
(End of provision)
Sec. 1552.217-71 Option to extend the term of the contract--
cost-type contract.
As prescribed in 1517.208(b), insert this contract clause in cost-
reimbursement type term form contracts when applicable. If only one
option period is used, enter ``NA'' in the proper places of the clause.
If more than two option periods apply, the clause may be modified
accordingly.
Option To Extend the Term of the Contract--Cost-Type Contract (APR 1984)
The Government has the option to extend the term of this contract
for ------ additional period(s). If more than 60 days remain in the
contract period of performance, the Government, without prior written
notification, may exercise this option by issuing a contract
modification. To exercise this option within the last 60 days of the
period of performance, the Government must provide to the Contractor
written notification prior to that last 60-day period. This preliminary
notification does not commit the Government to exercising the option.
The Government's estimated level of effort is ------ direct labor hours
for the first option period and ------ for the second. Use of an option
will result in the following contract modifications:
(a) The ``Period of Performance'' clause will be amended to cover a
base period from ---- to ---- and option periods from ---- to ---- and
---- to ----.
(b) Paragraph (a) of the ``Level of Effort'' clause will be amended
to reflect a new and separate level of effort of ---- for the first
option period and a new and separate level of effort of ---- for the
second option period.
(c) The ``Estimated Cost and Fixed Fee'' clause will be amended to
reflect increased estimated costs and fixed fee for each option period
as follows:
------------------------------------------------------------------------
Option 1 Option 2
------------------------------------------------------------------------
Estimated cost.................................... ......... .........
Fixed fee......................................... ......... .........
---------------------
Total......................................... ......... .........
------------------------------------------------------------------------
(d) If the 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
------------------------------------------------------------------------
......... .........
......... .........
---------------------
[[Page 90]]
......... .........
------------------------------------------------------------------------
(End of clause)
Sec. 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......................................... ......... .........
------------------------------------------------------------------------
(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)
[49 FR 8867, Mar. 8, 1984; 49 FR 24734, June 15, 1984]
Sec. 1552.217-73 Option for increased quantity--cost-type contract.
As prescribed in 1517.208(d), insert this contract clause in cost-
reimbursement type term form contracts when applicable. If only one
option period is used, enter ``NA'' in the proper places of the clause.
If more than two option periods apply, modify the clause accordingly.
Option for Increased Quantity--Cost-Type Contract (JUN 1997)
(a) By issuing a contract modification, the Government may increase
the estimated level of effort by ------ direct labor 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 Option Option
period 1 2
------------------------------------------------------------------------
Estimated cost............................... ....... ....... .......
Fixed fee.................................... ....... ....... .......
--------------------------
Total.................................... ....... ....... .......
------------------------------------------------------------------------
(b) When these options are exercised, paragraph (a) of the ``Level
of Effort'' clause and the ``Estimated Cost and Fixed Fee'' clause will
be modified accordingly.
(c) If this contract contains ``not to exceed amounts'' for elements
of other direct costs (ODCs), those amounts will be increased as
follows:
------------------------------------------------------------------------
Other direct cost item Option 1 Option 2
------------------------------------------------------------------------
------------------------------------------------------------------------
(End of clause)
[49 FR 8867, Mar. 8, 1984, as amended at 62 FR 37149, July 11, 1997; 62
FR 60667, Nov. 12, 1997]
[[Page 91]]
Sec. 1552.217-74 Option for increased quantity--cost-plus-award-fee
contract.
As prescribed in 1517.208(e), insert this contract clause in cost-
plus-award-fee term contracts when applicable. If only one option period
is used, enter ``NA'' in the proper places of the clause. If more than
two option periods apply, the clause may be modified accordingly.
Option for Increased Quantity--Cost-Plus-Award-Fee Contract (JUN 1997)
(a) By issuing a contract modification, the Government may increase
the estimated level of effort by ------ direct labor 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 Option Option
period 1 2
------------------------------------------------------------------------
Estimated cost............................... ....... ....... .......
Base fee..................................... ....... ....... .......
Award fee pool............................... ....... ....... .......
----------
Total.................................... ....... ....... .......
------------------------------------------------------------------------
(b) When these options are exercised, paragraph (a) of the ``Level
of Effort'' clause and the ``Estimated Cost, Base Fee, and Award Fee''
clause will be modified accordingly.
(c) If this contract contains ``not to exceed amounts'' for elements
of other direct costs (ODCs), those amounts will be increased as
follows:
------------------------------------------------------------------------
Other direct cost item Option 1 Option 2
------------------------------------------------------------------------
------------------------------------------------------------------------
(End of clause)
[49 FR 8867, Mar. 8, 1984, as amended at 62 FR 37149, July 11, 1997; 62
FR 60667, Nov. 12, 1997]
Sec. 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 modified
to cover a base period from ------ to ------ and option periods from --
---- to ------ and ------ to ------.
(End of clause)
[49 FR 8867, Mar. 8, 1984; 49 FR 24734, June 15, 1984]