[Federal Register Volume 65, Number 192 (Tuesday, October 3, 2000)]
[Rules and Regulations]
[Pages 58921-58931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25046]
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ENVIRONMENTAL PROTECTION AGENCY
48 CFR Parts 1511, 1515, 1517, 1519, 1523, 1528, 1535, 1542, 1545
and 1552
[FRL-6878-9]
Acquisition Regulation; Administrative Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Interim rule with request for comments.
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SUMMARY: EPA is issuing this interim rule amending the EPA Acquisition
Regulation (EPAAR) to add clauses to the EPAAR which have been
repeatedly used in EPA procurements but which have not formally been
incorporated into the EPAAR, make other administrative changes, and
remove from the EPAAR unnecessary coverage that duplicates existing
Federal Acquisition Regulation (FAR) coverage.
DATES: Effective Date: October 3, 2000.
Comment Date: Interested parties should submit written comments to
the address shown below on or before December 4, 2000 to be considered
in the formulation of a final rule.
ADDRESSES: Submit written comments to: U.S. Environmental Protection
Agency, Office of Acquisition Management, 1200 Pennsylvania Avenue,
NW., Attention: Paul Schaffer, Mail Code (3802R), Washington, DC 20460.
Comments and data may also be submitted electronically by sending
electronic mail (E-mail) to: [email protected]. Electronic comments
must be submitted as an ASCII file avoiding the use of special
characters and any form of encryption. Comments and data will also be
accepted on disks in Corel WordPerfect format or ASCII file format. No
confidential business information (CBI) should be submitted through e-
mail. Electronic comments on this rule may be filed on-line at many
Federal Depository Libraries.
FOR FURTHER INFORMATION CONTACT: Paul Schaffer, U.S. EPA, Office of
Acquisition Management, Mail Code (3802R), 1200 Pennsylvania Avenue,
NW, Washington, DC 20460, Telephone: (202) 564-4366.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends the EPA Acquisition Regulation (EPAAR) (48
CFR Chapter 15) to publish for public comment EPA contract clauses
which have not previously undergone formal Agency rulemaking subject to
public review and comment because of the necessity of complying with
FAR policies and procedures on a timely basis. As a result of recent
procurement reform and streamlining initiatives, EPA has undertaken an
extensive review of its procurement regulations. As part of this
effort, EPA identified a number of clauses it has regularly used in its
solicitations and contracts which had not previously undergone formal
Agency rulemaking subject to public review and comment and which had
not been incorporated into the EPAAR. This rulemaking action is to
incorporate these existing EPA clauses into the EPAAR. EPA does not
anticipate any adverse comments because, as stated above, these clauses
have been regularly used in EPA solicitations and contracts for some
time now without any objections or questions raised by entities
responding to EPA procurements and/or contracting with the Agency.
B. Executive Order 12866
This interim rule is not a significant regulatory action for the
purposes of Executive Order 12866; therefore, no review is required by
the Office of Information and Regulatory Affairs within the Office of
Management and Budget (OMB).
C. Paperwork Reduction Act
The information collection requirement in 1552.245-73, Government
Property, is covered by OMB clearance number 9000-0075. The Paperwork
Reduction Act does not apply to any other clause herein because this
interim rule does not contain any new information collection
requirements that require the approval of OMB under the Paperwork
Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
D. Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice
[[Page 58922]]
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impact of today's rule on small
entities, small entity is defined as: (1) A small business that meets
the definition of a small business found in the Small Business Act and
codified at 13 CFR 121.201; (2) a small governmental jurisdiction that
is a government of a city, county, town, school district or special
district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's interim rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the proposed rule on small entities.'' 5 U.S.C. 603
and 604. Thus, an agency may certify that a rule will not have a
significant economic impact on a substantial number of small entities
if the rule relieves regulatory burden, or otherwise has a positive
economic effect on all of the small entities subject to the rule. This
interim rule merely incorporates existing EPA solicitation and contract
provisions into the EPAAR and will have no adverse impact on small
entities. The requirements under this interim rule impose no additional
reporting, record-keeping, or compliance costs on small entities.
E. Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess
their regulatory actions on State, local, and Tribal governments, and
the private sector. This interim rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and Tribal governments, in the aggregate, or the private
sector in one year. Any private sector costs for this action relate to
paperwork requirements and associated expenditures that are far below
the level established for UMRA applicability. Thus, the rule is not
subject to the requirements of sections 202 and 205 of the UMRA.
F. Executive Order 13045
Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks (62 FR 19885, April 23, 1997), applies to
any rule that: (1) Is determined to be economically significant as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it is not
an economically significant rule as defined by Executive Order 12866,
and because it does not involve decisions on environmental health or
safety risks.
G. Executive Order 13132
Executive Order 13132 entitled, ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation.
This interim rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This interim rule merely
incorporates existing EPA solicitation and contract provisions into the
EPAAR. Thus, the requirements of section 6 of the Executive Order do
not apply to this rule.
H. Executive Order 13084
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian Tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by Tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the OMB, in a separately identified section
of the preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected Tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected and
other representatives of Indian Tribal government ``to provide
meaningful and timely input in the development of regulatory policies
on matters that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian Tribal governments. Accordingly, the requirements
of section 3(b) of Executive Order 13084 do not apply to this rule.
I. National Technology Transfer and Advancement Act of 1995
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures phaphaand business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs
[[Page 58923]]
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards. This rule does not involve technical standards. Therefore,
EPA did not consider the use of any voluntary consensus standards.
J. Submission to Congress and the General Accounting Office
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rules report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
List of Subjects in 48 CFR Parts 1511, 1515, 1517, 1519, 1523,
1528, 1535, 1542, 1545, and 1552
Government procurement.
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. 48 CFR Chapter 15 is amended as follows:
1. The authority citations for 48 CFR parts 1511, 1515, 1517, 1519,
1523, 1528, 1535, 1542, 1545, and for part 1552 continue to read as
follows:
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.
2. Section 1511.011-80 is added to read as follows:
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).
3. Section 1515.209 is amended by adding paragraph (c) to read as
follows:
1515.209 Solicitation provisions and contract clauses.
* * * * *
(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.
4. Section 1517.208 is amended by removing paragraph (a) and
redesignating paragraphs (b) through (g) as (a) through (f)
respectively and adding paragraph (g) to read as follows:
Sec. 1517.208 Solicitation provisions and contract clauses.
* * * * *
(g) The Contracting officer shall insert the clause at 1552.217-77,
Option to Extend the Term of the Contract--Fixed Price, when
applicable.
5. Subpart 1519.2 is amended by adding section 1519.203 to read as
follows:
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.
6. Subpart 1519.2 is amended by adding section 1519.204 to read as
follows:
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.
7. section 1523.303-72 is added to read as follows:
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.
8. Section 1523.7003 is amended by designating the existing text as
paragraph (b) and adding a new paragraph (a) to read as follows:
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) * * *
9. Part 1528 is added to read as follows:
PART 1528--INSURANCE
Subpart 1528.1--Insurance
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.
10. Section 1535.007-070 is amended by adding paragraph (g) to read
as follows:
1535.007-070 Contract clauses.
* * * * *
(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
[[Page 58924]]
the performance of tasks required under the contract.
11. Section 1542.705 is amended by designating the existing
paragraph as (a) and adding paragraph (b) as follows:
1542.705 Final indirect cost rates.
(a) * * *
(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.
12. Section 1545.106 is amended by adding a new paragraph (d) to
read as follows:
1545.106 Government property clauses.
* * * * *
(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.
* * * * *
13. Section 1552.208-70, Printing, is revised to read as follows:
1552.208-70 Printing.
As prescribed in 1508.870, insert the following clause:
Printing
October 2000
(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).
(b) Prohibition.
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 limitation is
not to allow the duplication of final documents for use by the
Agency. 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), so long as such pages do 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. EPA may then seek a waiver from the Joint
Committee on Printing, U. S. Congress. The intent of the limitation
is to allow ``incidental'' duplication (drafts, proofs) under a
contract. The intent of the limitation is not to allow the
duplication of copies of final documents for use by the Agency or as
distributed as instructed by the Agency.
(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, so long as such pages do 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. EPA may then seek a
waiver from the Joint Committee on Printing, U. S. Congress.
(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 require duplication in excess of these limits,
contractors must immediately notify the contracting officer in
writing. EPA may then seek a waiver from the Joint Committee on
Printing, U. S. Congress.
(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 )
14. In Section 1552.211-70, in the clause ``Reports of Work'' and
in alternate I revise the OMB clearance expiration date of ``January
31, 2000'' to read ``February 28, 2003.''
15. Section 1552.211-79, is amended by removing paragraph (a)(5),
revising the last sentence in paragraph (b)(3), and revising paragraph
(d) to read as follows:
1552.211-79 Compliance with EPA policies for information resources
management.
* * * * *
(b)(3) * * * (This document may be found at: http:www.epa.gov/docs/etsdop/.)
(c) * * *
(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)
16. Section 1552 .211-80, Data Standards for the Transmission of
Laboratory Measurement Results, is added to read as follows:
[[Page 58925]]
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
October 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.
(End of clause)
17. Section 1552 .215-75, Past Performance Information, is added to
read as follows:
1552.215-75 Past Performance Information.
As prescribed in 1515.209(c), insert the following clause:
Past Performance Information
October 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 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)
18. Section1552.217-77 is added to read as follows:
1552.217-77 [Added]
As prescribed in 1517.208(g), insert the following clause:
Option to Extend the Term of the Contract Fixed Price
October 2000
The Government has the option to extend the term of this
contract for______additional period(s). If more than______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______days of the period of performance, the Government must
provide to the Contractor written notification prior to that last
______-day period. This preliminary notification does not commit the
Government to exercising the option. Use of an option will result in
the following contract modifications:
[[Page 58926]]
(a) The ``Period of Performance'' clause will be amended as
follows to cover the Base and Option Periods:
------------------------------------------------------------------------
Period Start date End date
------------------------------------------------------------------------
....................... ......................
------------------------------------------------------------------------
....................... ......................
------------------------------------------------------------------------
....................... ......................
------------------------------------------------------------------------
....................... ......................
------------------------------------------------------------------------
(b) During the option period(s) the Contractor shall provide the
services described below:
------------------------------------------------------------------------
Period Attachment
------------------------------------------------------------------------
...................................
------------------------------------------------------------------------
...................................
------------------------------------------------------------------------
...................................
------------------------------------------------------------------------
...................................
------------------------------------------------------------------------
(c) The ``Consideration and Payment'' clause will be amended to
reflect increased fixed prices for each option period as follows:
------------------------------------------------------------------------
Fixed price Option period
------------------------------------------------------------------------
...................................
------------------------------------------------------------------------
...................................
------------------------------------------------------------------------
...................................
------------------------------------------------------------------------
...................................
------------------------------------------------------------------------
(End of clause)
19. Section 1552.219-70 Mentor-Protege Program is added to read as
follows:
1552.219-70 Mentor-Protege Program.
As prescribed in 1519.203, insert the following clause:
Mentor-Protege Program
October 2000
(a) The Contractor has been approved to participate in the EPA
Mentor-Protege program. The purpose of the Program is to increase
the participation of small disadvantaged businesses (SDBs) as
subcontractors, suppliers, and ultimately as prime contractors; to
establish a mutually beneficial relationship with SDB's and EPA's
large business prime contractors (although small businesses may
participate as Mentors); to develop the technical and corporate
administrative expertise of SDBs which will ultimately lead to
greater success in competition for contract opportunities; to
promote the economic stability of SDBs; and to aid in the
achievement of goals for the use of SDBs in subcontracting
activities under EPA contracts.
(b) The Contractor shall submit an executed Mentor-Protege
agreement to the Contracting officer, with a copy to the Office of
Small and Disadvantaged Business Utilization or the Small Business
Specialist, within thirty (30) calendar days after the effective
date of the contract. The Contracting officer will notify the
Contractor within thirty (30) calendar days from its submission if
the agreement is not accepted.
(c) The Contractor as a Mentor under the Program agrees to
fulfill the terms of its agreement(s) with the Protege firm(s).
(d) If the Contractor or Protege firm is suspended or debarred
while performing under an approved Mentor-Protege agreement, the
Contractor shall promptly give notice of the suspension or debarment
to the Office of Small and Disadvantaged Business Utilization and
the Contracting officer.
(e) Costs incurred by the Contractor in fulfilling their
agreement(s) with the Protege firm(s) are not reimbursable on a
direct basis under this contract.
(f) In an attachment to Standard Form 294, Subcontracts Report
for Individual Contracts, the Contractor shall report on the
progress made under their Mentor-Protege agreement(s), providing:
(1) The number of agreements in effect; and
(2) The progress in achieving the developmental assistance
objectives under each agreement, including whether the objectives of
the agreement have been met, problem areas encountered, and any
other appropriate information.
(End of clause)
20. Section 1552.219-71, Procedures for Participation in the EPA
Mentor-Protege Program, is added to read as follows:
1552.219-71 Procedures for Participation in the EPA Mentor-Protege
Program.
As prescribed in 1519.203, insert the following provision:
Procedures for Participation in the EPA Mentor-Protege Program
October 2000
(a) This provision sets forth the procedures for participation
in the EPA Mentor-Protege Program (hereafter referred to as the
Program). The purpose of the Program is to increase the
participation of small disadvantaged businesses (SDBs) as
subcontractors, suppliers, and ultimately as prime contractors; to
establish a mutually beneficial relationship with SDBs and EPA's
large business prime contractors (although small businesses may
participate as Mentors); to develop the technical and corporate
administrative expertise of the SDBs which will ultimately lead to
greater success in competition for contract opportunities; to
promote the economic stability of SDBs; and to aid in the
achievement of goals for the use of SDBs in subcontracting
activities under EPA contracts. If the successful offeror is
accepted into the Program they shall serve as a Mentor to a Protege
(SDB) firm(s), providing developmental assistance in accordance with
an agreement with the Protege firm(s).
(b) To participate as a Mentor, the offeror must receive
approval in accordance with paragraph (h).
(c) A Protege must be a small disadvantaged business (SDB) as
defined under Federal Acquisition Regulation (FAR) 19.001, and a
small business for the purpose of the Small Business Administration
(SBA) size standard applicable to the North American Industry
Classification System (NAICS) code applicable to the contemplated
supplies or services to be provided by the Protege firm to the
Mentor firm. Further, consistent with EPA's 1993 Appropriation Act,
socially disadvantaged individuals shall be deemed to include women.
(d) Where there may be a concern regarding the Protege firm's
eligibility to participate in the program, the protege's eligibility
will be determined by the contracting officer after the SBA has
completed any formal determinations.
(e) The offeror shall submit an application in accordance with
paragraph (k) as part of its proposal which shall include as a
minimum the following information.
(1) A statement and supporting documentation that the offeror is
currently performing under at least one active Federal contract with
an approved subcontracting plan and is eligible for the award of
Federal contracts;
(2) A summary of the offeror's historical and recent activities
and accomplishments under their SDB program. The offeror is
encouraged to include any initiatives or outreach information
believed pertinent to approval as a Mentor firm;
(3) The total dollar amount (including the value of all option
periods or quantities) of EPA contracts and subcontracts received by
the offeror during its two preceding fiscal years. (Show prime
contracts and subcontracts separately per year);
(4) The total dollar amount and percentage of subcontract awards
made to all SDB firms under EPA contracts during its two preceding
fiscal years. If recently required to submit a SF 295, provide
copies of the two preceding year's reports;
(5) The number and total dollar amount of subcontract awards
made to the identified Protege firm(s) during the two preceding
fiscal years (if any).
(f) In addition to the information required by (e) above, the
offeror shall submit as a part of the application the following
information for each proposed Mentor-Protege relationship.
(1) Information on the offeror's ability to provide
developmental assistance to the identified Protege firm and how the
assistance will potentially increase contracting and subcontracting
opportunities for the Protege firm, including subcontract
opportunities in industry categories where SDBs are not dominant in
the offeror's vendor base.
(2) A letter of intent indicating that both the Mentor firm and
the Protege firm intend to enter into a contractual relationship
under which the Protege will perform as a subcontractor under the
contract resulting from this solicitation and that the firms will
negotiate a Mentor-Protege agreement. Costs incurred by the offeror
in fulfilling the
[[Page 58927]]
agreement(s) with the Protege firm(s) are not reimbursable as a
direct cost under the contract. The letter of intent must be signed
by both parties and contain the following information:
(i) The name, address and phone number of both parties;
(ii) The Protege firm's business classification, based upon the
NAICS code(s) which represents the contemplated supplies or services
to be provided by the Protege firm to the Mentor firm;
(iii) A statement that the Protege firm meets the eligibility
criteria;
(iv) A preliminary assessment of the developmental needs of the
Protege firm and the proposed developmental assistance the Mentor
firm envisions providing the Protege. The offeror shall address
those needs and how their assistance will enhance the Protege. The
offeror shall develop a schedule to assess the needs of the Protege
and establish criteria to evaluate the success in the Program.
(v) A statement that if the offeror or Protege firm is suspended
or debarred while performing under an approval Mentor-Protege
agreement the offeror shall promptly give notice of the suspension
or debarment to the EPA Office of Small Disadvantaged Business
Utilization (OSDBU) and the contracting officer. The statement shall
require the Protege firm to notify the Contractor if it is suspended
or debarred.
(g) The application will be evaluated on the extent to which the
offeror's proposal addresses the items listed in (e) and (f). To the
maximum extent possible, the application should be limited to not
more than 10 single pages, double spaced. The offeror may identify
more than one Protege in its application.
(h) If the offeror is determined to be in the competitive range,
the offeror will be advised by the Contracting officer whether their
application is approved or rejected. The Contracting officer, if
necessary, may request additional information in connection with the
offeror's submission of its revised or best and final offer. If the
successful offeror has submitted an approved application, they shall
comply with the clause titled ``Mentor-Protege Program.''
(i) Subcontracts of $1,000,000 or less awarded to firms approved
as Proteges under the Program are exempt from the requirements for
competition set forth in FAR 44.202-2(a)(5), 52.244-2(b)(2)(iii) and
52.244-5. However, price reasonableness must still be determined and
the requirements in FAR 44.202-2(a)(8) and 52.244-2(b)(2)(iv) for
cost or price analysis continue to apply.
(j) Costs incurred by the offeror in fulfilling their
agreement(s) with a Protege firm(s) are not reimbursable as a direct
cost under the contract. Unless EPA is the responsible audit agency
under FAR 42.703-1, offerors are encouraged to enter into an advance
agreement with their responsible audit agency on the treatment of
such costs when determining indirect cost rates. Where EPA is the
responsible audit agency, these costs will be considered in
determining indirect cost rates.
(k) Submission of Application and Questions Concerning the
Program.
The application for the Program shall be submitted to the
contracting officer, and to the EPA OSDBU, at the following
addresses for headquarters procurements: Socioeconomic Business
Program Officer, Office of Small and Disadvantaged Business
Utilization, U. S. Environmental Protection Agency, Ariel Rios
Building (3801R), 1200 Pennsylvania Avenue, NW, Washington, DC
20460, Telephone: (202) 564-4322, Fax: (202) 565-2473.
The application for the Program shall be submitted to the
Contracting officer, and to the Small Business Specialist, at the
following address for RTP procurements: Small Business Program
Officer, Contracts Management Division (MD-33), U.S. Environmental
Protection Agency, Research Triangle Park, NC 27711, Telephone:
(919) 541-2249, Fax: (919) 541-5539.
The application for the Program shall be submitted to the
Contracting officer, and to the Small Business Specialist, at the
following address for Cincinnati procurements: Small and
Disadvantaged Business Utilization Officer, Contracts Management
Division, 26 West Martin Luther King Drive, Cincinnati, OH 45268,
Telephone: (513) 487-2004, Fax: (513) 487-2342.
(End of provision)
21. Section 1552.219-72, Small Disadvantaged Business Participation
Program, is added to read as follows:
1552.219-72 Small disadvantaged business participation program.
As prescribed in 1519.204(a), insert the following clause:
Small Disadvantaged Business Participation Program
October 2000
(a) Section M of this solicitation contains a source selection
factor or subfactor related to the participation of small
disadvantaged business (SDB) concerns in the performance of the
contract. The nature of the evaluation of an SDB offeror under this
evaluation factor or subfactor is dependent upon whether the SDB
concern qualifies for the price evaluation adjustment under the
clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for
Small Disadvantaged Business Concerns and whether the SDB concern
specifically waives this price evaluation adjustment.
(b) In order to be evaluated under the source selection factor
or subfactor, an offeror must provide, with its offer, the following
information:
(1) The extent of participation of SDB concerns in the
performance of the contract in terms of the value of the total
acquisition. Specifically, offerors must provide targets, expressed
as dollars and percentages of the total contract value, for SDB
participation in any of the Standard Industrial Classification (SIC)
Major Groups as determined by the Department of Commerce. Total
dollar and percentage targets must be provided for SDB participation
by the prime contractor, including team members and joint venture
partners. In addition, total dollar and percentage targets for SDB
participation by subcontractors must be provided and listed
separately;
(2) The specific identification of SDB concerns to be involved
in the performance of the contract;
(3) The extent of commitment to use SDB concerns in the
performance of the contract:
(4) The complexity and variety of the work the SDB concerns are
to perform; and
(5) The realism of the proposal to use SDB concerns in the
performance of the contract.
(c) An SDB offeror who waives the price evaluation adjustment
provided in FAR 52.219-23 shall provide, with their offer, targets,
expressed as dollars and percentages of the total contract value,
for the work that it intends to perform as the prime contractor in
the applicable and authorized North American Industry Classification
System (NAICS) Industry Subsectors as determined by the Department
of Commerce. All of the offeror's identified targets described in
paragraphs (b) and (c) of this clause will be incorporated into and
made part of any resulting contract.
(End of provision)
22. Section 1552.219-73, Small Disadvantaged Business Targets, is
added to read as follows:
1552.219-73 Small Disadvantaged Business Targets.
As prescribed in 1519.204(b), insert the following clause:
Small Disadvantaged Business Targets
October 2000
(a) In accordance with FAR 19.1202-4(a) and EP 52.219-145, the
following small disadvantaged business (SDB) participation targets
proposed by the contractor are hereby incorporated into and made
part of the contract:
----------------------------------------------------------------------------------------------------------------
Percentage of total
Contractor targets SIC/NAICS major group Dollars contract value
----------------------------------------------------------------------------------------------------------------
Total Prime Contractor Targets
(including joint venture members and
team members)
----------------------------------------------------------------------------------------------------------------
Total Subcontractor Targets
----------------------------------------------------------------------------------------------------------------
(b) The following specifically identified SDB(s) was (were)
considered under the Section M SDB participation evaluation factor
or subfactor (continue on separate sheet if more space is needed):
(1)--------------------------------------------------------------------
(2)--------------------------------------------------------------------
(3)--------------------------------------------------------------------
(4)--------------------------------------------------------------------
(5)--------------------------------------------------------------------
[[Page 58928]]
-----------------------------------------------------------------------
The contractor shall promptly notify the contracting officer of any
substitution of firms if the new firms are not SDB concerns.
(c) In accordance with FAR 52.219-25, Small Disadvantaged
Business Participation Program--Disadvantaged Status and Reporting,
the contractor shall report on the participation of SDB concerns in
the performance of the contract no less than thirty (30) calendar
days prior to each annual contractor performance evaluation
[contracting officer may insert the dates for each performance
evaluation (i.e., every 12 months after the effective date of
contract)] or as otherwise directed by the contracting officer.
(End of provision)
23. Section 1552.219-74, Small Disadvantaged Business Participation
Evaluation Factor, is added to read as follows:
1552.219-74 Small disadvantaged business participation evaluation
factor.
As prescribed in 1519.204(c), insert the following clause:
Small Disadvantaged Business Participation Evaluation Factor
October 2000
Under this factor [or subfactor, if appropriate], offerors will
be evaluated based on the demonstrated extent of participation of
small disadvantaged business (SDB) concerns in the performance of
the contract in each of the authorized and applicable North American
Industry Classification System (NAICS) Industry Subsectors as
determined by the Department of Commerce. As part of this
evaluation, offerors will be evaluated based on:
(1) The extent to which SDB concerns are specifically identified
to participate in the performance of the contract;
(2) The extent of the commitment to use SDB concerns in the
performance of the contract (enforceable commitments will be weighed
more heavily than nonenforceable commitments);
(3) The complexity and variety of the work the SDB concerns are
to perform under the contract;
(4) The realism of the proposal to use SDB concerns in the
performance of the contract; and
(5) The extent of participation of SDB concerns, at the prime
contractor and subcontractor level, in the performance of the
contract (in the authorized and applicable NAICS Industry Subsectors
in terms of dollars and percentages of the total contract value.
(End of provision)
24. Section 1552.223-72, Care of Laboratory Animals, is added to
read as follows:
1552.223-72 Care of Laboratory Animals.
As prescribed in 1523.303-72, insert the following clause:
Care of Laboratory Animals
October 2000
(a) Before undertaking performance of any contract involving the
use of laboratory animals, the Contractor shall register with the
Secretary of Agriculture of the United States in accordance with
section 6, Public Law 89-544, Laboratory Animal Welfare Act, August
24, 1966, as amended by Public Law 91-579, Animal Welfare Act of
1970, December 24, 1970. The Contractor shall furnish evidence of
such registration to the contracting officer.
(b) The Contractor shall acquire animals used in research and
development programs from a dealer licensed by the Secretary of
Agriculture, or from exempted sources in accordance with the Public
Laws enumerated in (a), above, of this provision.
(c) In the care of any live animals used or intended for use in
the performance of this contract, the Contractor shall adhere to the
principles enunciated in the Guide for Care and Use of Laboratory
Animals prepared by the Institute of Laboratory Animal Resources,
National Academy of Sciences (NAS)--National Research Council (NRC),
and the United States Department of Agriculture's (USDA) regulations
and standards issued under Public Laws enumerated in (a) above. In
case of conflict between standards, the higher standard shall be
used. The Contractor's reports on portions of the contract in which
animals were used shall contain a certificate stating that the
animals were cared for in accordance with the principles enunciated
in the Guide for Care and Use of Laboratory Animals prepared by the
Institute of Laboratory Animals Resources (NAS-NRC), and/or in the
regulations and standards as promulgated by the Agricultural
Research Service, USDA, pursuant to the Laboratory Animal Welfare
Act of August 24, 1966 as amended (Public Law 89-544 and Public Law
91-579). NOTE: The Contractor may request registration of his
facility and a current listing of licensed dealers from the Regional
Office of the Animal and Plant Health Inspection Service (APHIS),
USDA, for the region in which his research facility is located. The
location of the appropriate APHIS Regional Office as well as
information concerning this program may be obtained by contacting
the Senior Veterinary, Animal Care Staff, USDA/APHIS, Federal Center
Building, Hyattsville, MD 20782.
(End of clause)
25. Section 1552.232-73 is amended by revising paragraph (b) (2),
to read as follows:
1552.232-73 Payments--Fixed-Rate Services Contract.
* * * * *
(b) Materials, other direct costs, and subcontracts.
* * * * *
(2) Subcontracted effort may be included in the fixed hourly
rates discussed in paragraph (a)(1) of this clause and will be
reimbursed as discussed in that paragraph. Otherwise, the cost of
subcontracts that are authorized under the subcontracts clause of
this contract shall be reimbursable costs under this clause provided
that the costs are consistent with subparagraph (3) of this clause.
Reimbursable costs in connection with subcontracts shall be payable
to subcontractors consistent with FAR 32.504 in the same manner as
for items and services purchased directly for the contract under
paragraph (a)(1) of this clause. Reimbursable costs shall not
include any costs arising from the letting, administration, or
supervision of performance of the subcontract, if the costs are
included in the hourly rates payable under paragraph (a)(1) of this
clause.
* * * * *
26. Section 1552.228-70, Insurance Liability to Third Persons, is
added to read as follows:
1552.228-70 Insurance Liability to Third Persons.
As prescribed in 1528.101, insert the following clause:
Insurance--Liability to Third Persons
October 2000
(a)(1) Except as provided in subparagraph (2) below, the
Contractor shall provide and maintain workers' compensation,
employer's liability, comprehensive general liability (bodily
injury), and comprehensive automobile liability (bodily injury and
property damage) insurance, and such other insurance as the
Contracting officer may require under this contract.
(2) The Contractor may, with the approval of the Contracting
officer, maintain a self-insurance program; provided that, with
respect to workers' compensation, the Contractor is qualified
pursuant to statutory authority.
(3) All insurance required by this paragraph shall be in a form
and amount and for those periods as the Contracting officer may
require or approve and with insurers approved by the Contracting
officer.
(b) The Contractor agrees to submit for the Contracting
officer's approval, to the extent and in the manner required by the
Contracting officer, any other insurance that is maintained by the
Contractor in connection with the performance of this contract and
for which the Contractor seeks reimbursement.
(c) The Contractor shall be reimbursed for that portion of the
reasonable cost of insurance allocable to this contract, and
required or approved under this clause, in accordance with its
established cost accounting practices.
(End of clause)
27. Section 1552.235-80, Access to Confidential Business
Information (CBI), is added to read as follows:
1552.235-80 Access to confidential business information.
As prescribed in 1535.007-70(g), insert the following clause.
Access to Confidential Business Information
October 2000
It is not anticipated that it will be necessary for the
contractor to have access to confidential business information (CBI)
[[Page 58929]]
during the performance of tasks required under this contract.
However, the following applies to any and all tasks under which the
contractor will or may have access to CBI:
The contractor shall not have access to CBI submitted to EPA
under any authority until the contractor obtains from the Project
Officer a certification that the EPA has followed all necessary
procedures under 40 CFR part 2, subpart B (and any other applicable
procedures), including providing, where necessary, prior notice to
the submitters of disclosure to the contractor.
(End of clause)
28. Section 1552.239-70, Rehabilitation Act Notice, is added to
read as follows:
1552.239-70 Rehabilitation act notice.
As prescribed in 1523.7003(a), insert the following clause.
Rehabilitation Act Notice
October 2000
(a) EPA has a legal obligation under the Rehabilitation Act of
1973, 29 U.S.C. 791, to provide reasonable accommodation to persons
with disabilities who wish to attend EPA programs and activities.
Under this contract, the contractor may be required to provide
support in connection with EPA programs and activities, including
conferences, symposia, workshops, meetings, etc. In such cases, the
contractor shall, as applicable, include in its draft and final
meeting announcements (or similar documents) the following notice:
It is EPA's policy to make reasonable accommodation to persons
with disabilities wishing to participate in the agency's programs
and activities, pursuant to the Rehabilitation Act of 1973, 29
U.S.C. 791. Any request for accommodation should be made to the
specified registration contact for a particular program or activity,
preferably one month in advance of the registration deadline, so
that EPA will have sufficient time to process the request.
(b) Upon receipt of such a request for accommodation, the
contractor shall immediately forward the request to the EPA
contracting officer, and provide a copy to the appropriate EPA
program office. The contractor may be required to provide any
accommodation that EPA may approve. However, in no instance shall
the contractor proceed to provide an accommodation prior to
receiving written authorization from the contracting officer.
(c) The contractor shall insert in each subcontract or
consultant agreement placed hereunder provisions that shall conform
substantially to the language of this clause, including this
paragraph, unless otherwise authorized by the contracting officer.
(End of clause)
29. Section 1552.242-72, Financial administrative contracting
officer, is added to read as follows:
1552.242-72 Financial administrative contracting officer.
As prescribed in 1542.705 (b), insert the following clause:
Financial Administrative Contracting Officer
October 2000
(a) A Financial Administrative Contracting Officer (FACO) is
responsible for performing certain post-award functions related to
the financial aspects of this contract when the EPA is the cognizant
federal agency. These functions include the following duties:
(1) Review the contractor's compensation structure and insurance
plan.
(2) Negotiate advance agreements applicable to treatment of
costs and to Independent Research & Development/Bid and Proposal
costs.
(3) Negotiate changes to interim billing rates and establish
final indirect cost rates and billing rates.
(4) Prepare findings of fact and issue decisions related to
financial matters under the Disputes clause, if appropriate.
(5) In connection with Cost Accounting Standards:
(A) Determine the adequacy of the contractor's disclosure
statements;
(B) Determine whether the disclosure statements are in
compliance with Cost Accounting Standards and FAR Part 31;
(C) Determine the contractor's compliance with Cost Accounting
Standards and disclosure statements, if applicable; and
(D) Negotiate price adjustments and execute supplemental
agreements under the Cost Accounting Standards clauses at FAR
52.230-3, 52.230-4, and 52.230-5.
(6) Review, approve or disapprove, and maintain surveillance of
the contractor's purchasing system.
(7) Perform surveillance, resolve issues, and establish any
necessary agreements related to the contractor's cost/schedule
control system, including travel policies/procedures, allocation and
cost charging methodology, timekeeping and labor distribution
policies and procedures, subcontract payment practices, matters
concerning relationships between the contractor and its affiliates
and subsidiaries, and consistency between bid and accounting
classifications.
(8) Review, resolve issues, and establish any necessary
agreements related to the contractor's estimating system.
(b) The FACO shall consult with the contracting officer whenever
necessary or appropriate and shall forward a copy of all agreements/
decisions to the contracting officer upon execution.
(c) The FACO for this contract is:
----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
(End of clause)
30. Section 1552.245-73, Government Property, is added to read as
follows:
1552.245-73 Government property.
As prescribed in 1545.106(d), insert the following clause:
Government Property
October 2000
(a) The contractor shall not fabricate or acquire, on behalf of
the Government, either directly or indirectly through a subcontract,
any item of property without written approval from the Contracting
officer.
(b) In accordance with paragraph (a) above, the contractor is
authorized to acquire and/or fabricate the equipment listed below
for use in the performance of this contract. The equipment is
subject to the provisions of the ``Government Property'' clause.
(c) The Government will provide the following item(s) of
Government property to the contractor for use in the performance of
this contract. This property shall be used and maintained by the
contractor in accordance with the provisions of the ``Government
Property'' clause.
(d) The ``EPA Contract Property Administration Requirements''
provided below apply to this contract.
U.S. Environmental Protection Agency
Property Administration Requirements (PAR)
1. Purpose. This document sets forth the requirements for
Environmental Protection Agency (EPA) contractors in the performance
of their Government property management responsibilities under
contracts with EPA. These requirements supplement those contained in
the Government property clause(s) in this contract, and part 45 of
the Federal Acquisition Regulation (FAR).
2. Delegation of Contract Property Administration. EPA has
delegated much of its contract property management oversight to the
Defense Contract Management Command (DCMC). Shortly after award of a
contract, the EPA contracting officer (CO) delegates the functions
of property administration and plant clearance (disposal) for the
contract to DCMC. Upon acceptance of that delegation, DCMC will
provide notification to the contractor, identifying the assigned
property administrator (PA) and plant clearance officer (PLCO). If
the contract is not delegated to DCMC for administration, any
reference to PA and PLCO throughout this document shall be construed
to mean CO. The DCMC PA is available to the contractor for
assistance in all matters of property administration.
Notwithstanding the delegation, as necessary, the contractor may
contact their EPA CO. In the event of disagreement between the
contractor and the DCMC PA, the contractor should seek resolution
from the CO. Unless otherwise directed in the contract, or this
document, all originals of written information or reports, except
direct correspondence between the contractor and the DCMC PA,
relative to Government property, should be forwarded to the
administrative CO assigned to this contract.
3. Requests for Government Property.
a. In accordance with FAR 45.102, the contractor shall furnish
all property required for performing Government contracts. If a
contractor believes that Government facilities are required for
performance of the contract, the contractor shall submit a written
request to the CO. At a minimum, the request shall contain the
following elements:
1. Contract number for which the facilities are required.
2. An item(s) description, quantity and estimated cost.
[[Page 58930]]
3. Certification that no like contractor facilities exist which
could be utilized.
4. A detailed description of the task-related purpose of the
facilities.
5. Explanation of negative impact if facilities are not provided
by the Government.
6. If applicable, recommend the exception under FAR 45.302-1(a)
or any applicable EPA class deviation (available upon request), and
provide any other information which would support the furnishing of
facilities, including contractor-acquired property (CAP).
7. Except when the request is for material, a lease versus
purchase analysis shall be furnished with the request to acquire
property on behalf of the Government. The contractor may not proceed
with acquisition of facilities on behalf of the Government until
receipt of written authorization from the EPA CO.
4. Transfer of Government Property. When the contractor receives
Government-furnished property (GFP), the contractor should receive,
from the transferor, (either EPA or another contractor) all of the
applicable data elements (Attachment 1 of this clause) needed to
maintain the required records. If this information is not provided
at the time of receipt of the property, the contractor shall request
it from the EPA CO. The CO will attempt to obtain the data from the
previous property holder, or, if data does not exist, will assist
the current property holder in estimating the elements. Prior to
signing an acceptance document for the property, the receiving
contractor should perform a complete inventory of the property.
Responsibility, as well as accountability, passes with the signed
acceptance. When, at the written direction of the EPA CO, the
contractor transfers GFP to another contractor, or another Agency,
the contractor shall provide the applicable data elements
(Attachment 1 of this clause). Upon return of the property to EPA,
the same data must be provided by the contractor to the EPA CO.
5. Records of Government Property.
a. In accordance with FAR 45.505 and 45.505-1, the contractor
shall establish and maintain adequate property records for all
Government property, regardless of value, including property
provided to and in the possession of a subcontractor. Material
(supplies) provided by the Government or acquired by the contractor
and billed as a direct charge to the Government is Government
property and records must be established as such.
b. The contractor shall establish and maintain the official
Government property record. (If the contract contains the FAR Clause
52.245-1, the Government will maintain the official Government
property records.) Such records shall contain the applicable data
elements (Attachment 1 of this clause) for all items of Government
property regardless of cost.
c. The Contractor shall identify all Superfund property and
designate it as such both on the item and on the official Government
property record. If it is not practicable to tag the item, the
contractor shall write the ID number on a tag, card or other entity
that may be kept with the item or in a file.
d. Support documentation used for posting entries to the
property record shall provide complete, current and auditable data.
Entries shall be posted to the record in a timely manner following
an action.
e. For Government vehicles, in addition to the data elements
required by EPA, the contractor shall also comply with the General
Services Administration (GSA) and Department of Energy (DOE) record
and report requirements supplied with all EPA provided motor
vehicles. If the above requirements were not provided with the
vehicle, the contractor shall notify the EPA CO.
f. When Government property is disclosed to be in the possession
or control of the contractor but not provided under any contract,
the contractor shall record and report the property in accordance
with FAR 45.502(f) and (h).
6. Inventories of Government Property. The contractor shall
conduct a complete physical inventory of EPA property at least once
per year, unless otherwise directed by the PA. Reconciliation shall
be completed within 30 calendar days of inventory completion. The
contractor shall report the results of the inventory, including any
discrepancies, to the DCMC PA upon completion of the reconciliation.
The contractor's records shall indicate the completion date of the
inventory. See section 9 herein, Contract Closeout, for information
on final inventories.
7. Reports of Government Property. In accordance with FAR
45.505-14, EPA requires an annual summary report, for each contract,
by contract number, of Government property in the contractor's
possession as of September 30 each year.
a. For each classification listed in FAR 45.505-14(a), except
material, the contractor shall provide the total acquisition cost
and total quantity. If there are zero items in a classification, or
if there is an ending balance of zero, the classification must be
listed with zeros in the quantity and acquisition cost columns.
b. For material, the contractor shall provide the total
acquisition cost only.
c. Property classified as facilities, special tooling, special
test equipment, and agency peculiar must be reported on two separate
lines. The first line shall include the total acquisition cost and
quantity of all items or systems with a unit acquisition cost of
$25,000 or more. The second line shall include the total acquisition
cost and quantity of all items with a unit acquisition cost of less
than $25,000.
d. For items comprising a system, which is defined as ``a group
of interacting items functioning as a complex whole,'' the
contractor may maintain the record as a system noting all components
of the system under the main component or maintain individual
records for each item. However, for the annual report of Government
property the components must be reported as a system with one total
dollar amount for the system, if that system total is $25,000 or
more.
e. The reports are to be received at EPA and DCMC no later than
October 31 of each year.
f. Distribution shall be as follows:
Original to: EPA CO
1 copy: DCMC PA
g. EPA Contractors are required to comply with GSA's and DOE's
special reporting requirements for motor vehicles. A statement of
these requirements will be provided by the EPA Facility Management
and Services Division (FMSD) concurrent with receipt of each
vehicle.
h. The contractor shall provide detailed reports on an as-needed
basis, as may be requested by the CO or the PA.
8. Disposition of Government Property. The disposition process
is composed of three distinct phases: identification of excess
property, reporting of excess property, and final disposition.
a. Identification of Excess Property. The disposition process
begins with the contractor identifying Government property that is
excess to its contract. Effective contractor property control
systems provide for disclosing excesses as they occur. Once inactive
Government property has been determined to be excess to the contract
to which it is accountable, it must be screened against the
contractor's other EPA contracts for further use. If the property
may be reutilized, the contractor shall notify the CO in writing.
Government property will be transferred to other contracts only when
the COs on both the current contract and the receiving contract
authorize such a transfer in writing.
b. Reporting Excess Government Property. Excess Government
property shall be reported in accordance with FAR Subpart 45.6.
Inventory schedules A-E (SF Forms 1426-1434) provide the format for
reporting of excess Government property. Instructions for completing
the forms are located at FAR 45.606-5 and samples may be found in
FAR 53.301-1426 thru 1434. Inventory schedules shall be forwarded to
the DCMC PLCO with a copy to the EPA CO. The cover letter, which
accompanies the inventory schedules, must include the EPA CO's name,
address and telephone number. Inventory schedules must also contain
a notification if the property is Superfund property. If the
property is Superfund property, the contractor must also prominently
include the following language on the inventory schedule: ``Note to
PLCO: Reimbursement to the EPA Superfund is required.'' When
requested, by the PLCO or the CO, the contractor will provide the
fair market value for those items requested.
c. Disposition Instructions.
1. If directed in writing by the EPA CO, the contractor will
retain all or part of the excess Government property under the
current contract for possible future requirements. The contractor
shall request, from the PLCO, withdrawal from the inventory schedule
of those items to be retained.
2. If directed in writing by the EPA CO, the contractor shall
transfer the property to another EPA contractor. The contractor will
transfer the property by shipping it in accordance with the
instructions provided by the CO. The contractor shall request, from
the PLCO, withdrawal from the inventory schedule of those items to
be transferred. Further, the contractor shall notify the CO when the
transfer is complete.
[[Page 58931]]
3. If directed in writing by the EPA CO, the contractor shall
transfer the property to EPA. The contractor shall ship/deliver the
property in accordance with the instructions provided by the CO. The
contractor will request, from the PLCO, withdrawal from the
inventory schedule of those items to be transferred to EPA. Further,
the contractor shall notify the CO when the transfer is complete.
4. The contractor will ship the property elsewhere if directed,
in writing, by the PLCO.
5. The PLCO will either conduct the sale or instruct the
contractor to conduct a sale of surplus property. The contractor
will allow prospective bidders access to property offered for sale.
6. Property abandoned by the PLCO on the contractor's site must
be disposed of in a manner that does not endanger the health and
safety of the public.
7. To effect transfer of accountability, the contractor shall
provide the recipient of the property with the applicable data
elements set forth in Attachment 1 of this clause. The contractor
shall also obtain either a signed receipt from the recipient, or
proof of shipment. The contractor shall update the official
Government property record to indicate the disposition of the item
and to close the record.
9. Contract Closeout. The contractor shall complete a physical
inventory of all Government property at contract completion and the
results, including any discrepancies, shall be reported to the DCMC
PA. In the case of a terminated contract, the contractor shall
comply with the inventory requirements set forth in the applicable
termination clause. The results of the inventory, as well as a
detailed inventory listing, must be forwarded to the CO. For
terminated contracts, the contractor will conduct and report the
inventory results as directed by the CO. However, in order to
expedite the disposal process, contractors may be required to, or
may elect to submit to the CO, an inventory schedule for disposal
purposes up to six (6) months prior to contract completion. If such
an inventory schedule is prepared, the contractor must indicate the
earliest date that each item may be disposed. The contractor shall
update all property records to show disposal action. The contractor
shall notify the DCMC PA, in writing, when all work has been
completed under the contract and all Government property accountable
to the contract has been disposed.
Attachment 1
Required Data Elements. Where applicable (all elements are not
applicable to material) the contractor is required to maintain, at a
minimum, the information related to the following data elements for
EPA Government property: Contractor Identification/Tag Number;
Description; Manufacturer; Model; Serial Number; Acquisition Date;
Date received; Acquisition Cost*; Acquisition Document Number;
Location; Contract Number; Account Number (if supplied); Superfund
(Yes/No); Inventory Performance Date; Disposition Date.
* Acquisition cost shall include the price of the item plus all
taxes, transportation and installation charges allocable to that
item.
Note: For items comprising a system which is defined as, ``a
group of interacting items functioning as a complex whole,'' the
contractor may maintain the record as a system noting all components
of the system under the main component or maintain individual
records for each item. However, for the Annual Report of Government
Property, the components must be reported as a system with one total
dollar amount for the system, if that system total is $25,000 or
more.
(End of clause)
Dated: September 21, 2000.
John C. Gherardini,
Acting Director, Office of Acquisition Management.
[FR Doc. 00-25046 Filed 10-2-00; 8:45 am]
BILLING CODE 6560-50-P