Subpart 1552.2 - Texts of Provisions and

Clauses

Parent topic: PART 1552 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

1552.203-70 Current/former agency employee involvement

certification.

As prescribed in 1503.670, insert the following provision in all EPA solicitations for sole-source

acquisitions.

Current/Former Agency Employee Involvement Certification (JUL 2016)

The offeror (quoter) hereby certifies that:

(a) He/She is [ ] is not [ ] a former employee or special government employee whose EPA

employment terminated within one year prior to submission of this offer (quote).

(b) He/She does [ ] does not [ ] employ or propose to employ a current/former employee or special

government employee whose EPA employment terminated within one year prior to submission of

this offer (quote) and who has been or will be involved, directly or indirectly, in developing or

negotiating this offer (quote) for the offeror (quoter), or in the management, administration or

performance of any contract resulting from this offer (quote).

(c) He/She does [ ] does not [ ] employ or propose to employ as a consultant or subcontractor under

any contract resulting from this offer (quote) a current/former employee or special government

employee whose EPA employment terminated within one year prior to submission of this offer

(quote).

(d) A former employee or special government 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 1503.600-71 for definitions of the terms “employee” and “special government

employee.”

(End of provision)

1552.203-71 Display of EPA Office of Inspector General

Hotline poster.

As prescribed in 1503.1004, 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 (JUL 2016
(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

accessing the OIG Web site at: http://www.epa.gov/oig/hotline.html.

(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 has provided instructions that encourage employees to make such reports.

(End of clause)

1552.203-72 Scientific integrity.

As prescribed in § 1503.1071, insert the following clause:

Scientific Integrity (Month Year)

(a) Applicability. This contract will require the Contractor to perform, communicate, or supervise

scientific activities or use scientific information to perform advisory and assistance services. When

performing, communicating, supervising, or utilizing scientific activities or scientific information, the

Contractor must adhere to the EPA's Scientific Integrity Policy.

(b) Definitions. The following definitions apply:

Advisory and assistance services (see 48 CFR 2.101).

Scientific activities means those activities leading to the systematic knowledge of the physical or

material world, largely consisting of observation and experimentation. It also includes the

supervision, utilization, and communication of these activities.

Scientific information means factual inputs, data, models, analyses, technical information, or

scientific assessments related to such disciplines as the behavioral and social sciences, public health

and medical sciences, life and earth sciences, engineering, or physical sciences. This includes any

communication or representation of knowledge, such as facts or data, in any medium or form,

including textual, numerical, graphic, cartographic, narrative, or audiovisual forms. This definition

includes information that an agency disseminates from a web page but does not include the

provision of hyperlinks on a web page to information that others disseminate. This definition

excludes opinions, where the agency's presentation makes clear that an individual's opinion, rather

than a statement of fact or of the agency's findings and conclusions, is being offered.

Scientific Integrity means the adherence to professional values and practices, that is, the codes of

ethics and behaviors in the scientists' fields of study, when conducting, supervising, communicating,

and utilizing the results of science and scholarship. It ensures objectivity, clarity, reproducibility,

and utility. It also provides insulation from bias, fabrication, falsification, plagiarism, improper

outside interference, and censorship.

(c) Compliance with policy. Prior to beginning performance under this contract, the Contractor must

ensure that all personnel within their organization, including subcontractors and consultants, that
perform, communicate, or supervise scientific activities, or use scientific information to perform

advisory and assistance services under this contract, have read and understand their compliance

responsibilities with the EPA's Scientific Integrity Policy. This requirement applies to any personnel

that will supervise, conduct, utilize, or communicate scientific activities or scientific information.

Examples of such scientific activities include, but are not limited to, computer modeling, economic

analysis, field sampling, laboratory experimentation, demonstrating new technology, statistical

analysis, and writing a review article on a scientific issue.

(1) Consistent with the objective of promoting a culture of scientific integrity and transparency, as

discussed in the EPA's Scientific Integrity Policy, the Contractor agrees to:

(i) Produce scientific products of the highest quality, rigor, and objectivity, by adhering to applicable

EPA information quality policy, quality assurance policy, and peer review policy;

(ii) Prohibit suppressing, altering, or otherwise impeding the timely release of scientific findings or

conclusions;

(iii) Adhere to the Peer Review Handbook, current edition, for the peer review of scientific and

technical work products generated through this contract;

(iv) Act honestly and refrain from acts of research misconduct, including publication or reporting, as

described in EPA Order 3120.5 Policy and Procedures for Addressing Research Misconduct.

Research misconduct does not include honest error or differences of opinion;

(v) Require that reviews of the content of a scientific product be based only on scientific quality

considerations, e.g., the methods used are clear and appropriate, the presentation of results and

conclusions is impartial;

(vi) Ensure scientific findings are generated and disseminated in a timely and transparent manner,

including scientific research performed by subcontractors and consultants who assist with

developing or applying the results of scientific activities;

(vii) Include an explication of underlying assumptions, accurate contextualization of uncertainties,

and a description of the probabilities associated with both optimistic and pessimistic projections

when communicating scientific findings, if applicable;

(viii) Document the use of independent validation of scientific methods; and

(ix) Document any independent review of the Contractor's scientific facilities and testing activities,

as occurs with accreditation by a nationally or internationally recognized sanctioning body.

(2) To assure protection of Contractor staff supported by this contract, consistent with the objectives

described in the EPA's Scientific Integrity Policy, the Contractor agrees to:

(i) Prohibit attempted or actual intimidation or coercion of scientists to alter scientific data, findings,

or professional opinions or non-scientific influence of scientific advisory boards. In addition, the

Contractor agrees to inform its employees, subcontractors, and consultants, including scientists and

managers, of their responsibility not to knowingly misrepresent, exaggerate, or downplay areas of

scientific uncertainty; and

(ii) Prohibit retaliation or other punitive actions toward employees who uncover or report allegations

of scientific and research misconduct, or who express a differing scientific opinion. The Contractor

must afford employees who have allegedly engaged in scientific or research misconduct the due
process protections provided by law, regulation, and applicable collective bargaining agreements,

prior to any action. The Contractor must ensure that all employees, subcontractors, and consultants

are familiar with these protections and avoid the appearance of retaliatory actions.

(d) Loss of Scientific Integrity. If during performance of this contract the Contractor becomes aware

of an actual or suspected loss of scientific integrity, the Contractor must immediately inform the

Contracting Officer and the Contracting Officer's Representative with a description of the actual or

suspected issue in writing. If the actual or suspected loss of scientific integrity is by an EPA

employee, the Contractor may inform the Agency's Scientific Integrity Official, in addition to the

Contracting Officer and Contracting Officer's Representative. The Contractor must ensure that its

employees are aware of their responsibility to immediately report any actual or suspected loss of

scientific integrity to the Contractor, who must communicate it to the EPA in writing. The

Contracting Officer and the Contracting Officer's Representative must consult with the Agency's

Scientific Integrity Official on all issues related to an actual or suspected loss of scientific integrity

under this contract and with the EPA Office of Inspector General (OIG), in accordance with EPA

Order 3120.5 Policy and Procedures for Addressing Research Misconduct, on all issues related to

research misconduct. The Agency's Scientific Integrity Official and/or OIG must advise the

Contracting Officer and Contracting Officer's Representative on the appropriate remedy for any

actual or suspected loss of scientific integrity. The Contractor bears the primary responsibility for

prevention and detection of research misconduct and for the inquiry, investigation, and adjudication

of research misconduct alleged to have occurred under the contract in association with its own

institution. However, the EPA retains the ultimate oversight authority for the EPA-supported

research. The Contractor must take the actions required as described in EPA Order 3120.5 Policy

and Procedures for Addressing Research Misconduct when research misconduct is suspected or

found under its contract.

(e) Remedies. The Contracting Officer in consultation with the Scientific Integrity Official and OIG, if

applicable, will make the final determination on any remedy to an actual or suspected loss of

scientific integrity. Potential remedies include:

(1) Acceptance of the Contractor's proposed mitigation plan to the scientific integrity issue;

(2) Acceptance of an alternate mitigation plan negotiated by the parties listed in the first paragraph

of this section;

(3) Termination for convenience, in whole or in part, if no mitigation plan will adequately resolve the

actual or suspected loss of scientific integrity; or

(4) Termination for default or cause, in whole or in part, if the Contractor was aware of an actual or

suspected loss of scientific integrity under this contract and did not disclose it or misrepresented

relevant information to the EPA. Additionally, the Government may debar or suspend the Contractor

from Government contracting or pursue other remedies as may be permitted by law or this contract.

(5) Opportunity to Respond - If the party who has been accused of a loss of scientific integrity feels

that the Agency has reached an incorrect conclusion or the Contracting Officer has applied an

inappropriate remedy, the party may provide a written response to the Contracting Officer,

Scientific Integrity Official, and/or OIG.

(f) Subcontractors and Consultants. The Contractor agrees to insert language in any subcontract or

consultant agreement placed hereunder which must conform substantially to the language of this

clause, including this paragraph (f), unless otherwise authorized in advance in writing by the

Contracting Officer.
(g) Additional Resources. For more information about the EPA's Scientific Integrity Policy, an

introductory video can be accessed at: https://youtu.be/FQJCy8BXXq8. A training video is available

at: https://youtu.be/Zc0T7fooot8.

(End of clause)

1552.204-70 [Reserved]

1552.208-70 Printing.

As prescribed in 1508.870, insert the following clause:

Printing (SEP 2012)

(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 a 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 include 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 duplication

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 and a waiver must be obtained. Only the Joint Committee on

Printing has the authority to grant waivers to the printing requirements. All Agency waiver requests

must be coordinated with EPA's Headquarters Printing Management Team, Facilities and Services

Division, and with the Office of General Counsel. 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 and a

waiver must be obtained. Only the Joint Committee on Printing has the authority to grant waivers to

the printing requirements. All Agency waiver requests must be coordinated with EPA's Headquarters

Printing Management Team, Facilities and Services Division, and with the Office of General Counsel.

(4) The contractor may perform the duplication of no more than a total of 500 units of an electronic

information storage device (e.g., CD-ROMs, DVDs, thumb drives 1 ) (including labeling and

packaging) per work assignment or task order/delivery order per contract year. 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 and a waiver must be obtained. Only the Joint Committee on Printing has the authority to

grant waivers to the printing requirements. All Agency waiver requests must be coordinated with

EPA's Headquarters Printing Management Team, Facilities and Services Division, and with the
Office of General Counsel.

1

 Pursuant to the July 2008 guidance Promotional Communications for EPA, a thumb drive can be

used as a promotional item, but it also must be an information medium in itself. Namely, it must

have substantive EPA information already loaded into the drive. Due to its intrinsic material value, it

may not be used simply or primarily to display an EPA message on the exterior of the drive.

(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 Clause. 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)

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)

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.

(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 (SEP 1998). Contracts for other than Superfund work shall include Alternate I in this

clause in lieu of paragraph (e).

(e) The Contractor agrees to insert in each subcontract or consultant agreement placed hereunder

provisions which shall conform substantially to the language of this clause, including this paragraph,

unless otherwise authorized by the contracting officer.

1552.209-72 Organizational conflict of interest certification.

As prescribed in 1509.507-1(b), insert the following provision in all solicitation documents when

applicable.

Organizational Conflict of Interest Certification (APR 1984)
The offeror [ ] is [ ] is not aware of any information bearing on the existence of any potential

organizational conflict of interest. If the offeror is aware of information bearing on whether a

potential conflict may exist, the offeror shall provide a disclosure statement describing this

information. (See section L of the solicitation for further information.)

(End of provision)

1552.209-73 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 Contracting Officer's Representative 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 Contracting Officer's Representative 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.

Alternate I (JAN 2015). Contracts for other than Superfund work shall include Alternate I in this

clause in lieu of paragraph (d).

(d) 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

(d), unless otherwise authorized by the Contracting Officer.
(End of clause)

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.

(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) (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 delivery order or tasking document and for a period of five (5)

years after the completion of the delivery order or tasking document, agrees not to enter into a

contract with or to represent any party, other than EPA, with respect to:

(1) any work relating to CERCLA activities which pertain to a site where the Contractor previously

performed work for EPA under this contract; or (2) any work that may jeopardize CERCLA

enforcement actions which pertain to a site where the Contractor previously performed work for the

EPA under this contract.

(d) During the life of this contract, including any options, the Contractor agrees that unless

otherwise authorized by the Contracting Officer:

(1) It will not provide any 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 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 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 (ESS) (SEP 2013)

(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 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.

(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 its request to both the Contracting Officer and the next administrative level

within the Contracting Officer's organization.

(k) A review process available to the Contractor when an adverse determination is received shall

consist of a request for reconsideration to the Contracting Officer or a request for review submitted
to the next administrative level within the Contracting Officer's organization. An adverse

determination resulting from a request for reconsideration by the Contracting Officer will not

preclude the Contractor from requesting a review by the next administrative level. Either a request

for review or a request for reconsideration must be submitted to the appropriate level within 30

calendar days after receipt of the initial adverse determination.

(End of clause)

1552.209-75 Annual certification.

As prescribed in 1509.507-2(d), insert the following clause:

Annual Certification (MAY 1994)

The Contractor shall submit an annual conflict of interest certification to the Contracting Officer. In

this certification, the Contractor shall certify annually that, to the best of the Contractor's knowledge

and belief, all actual or potential organizational conflicts of interest have been reported to EPA. In

addition, in this annual certification, the Contractor shall certify that it has informed its personnel

who perform work under EPA contracts or relating to EPA contracts of their obligation to report

personal and organizational conflicts of interest to the Contractor. Such certification must be signed

by a senior executive of the company and submitted in accordance with instructions provided by the

Contracting Officer. The initial certification shall cover the one-year period from the date of contract

award, and all subsequent certifications shall cover successive annual periods thereafter, until

expiration or termination of the contract. The certification must be received by the Contracting

Officer no later than 45 days after the close of the certification period covered.

(End of clause)

1552.210-71 [Reserved]

1552.210-73--1552.210-74 [Reserved]

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.

(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.

Required reports are:

Reports description No. copies Addressees

(End of clause)

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 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 (by EPA contract labor

category), and the total loaded direct labor costs.

(iii) For the cumulative contract period display: The negotiated and expended direct labor hours (by

EPA labor category) and the total loaded direct labor costs.

(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 total cost per labor hour. For the current contract period, compare the actual cost per

hour to date with the average total cost per hour of the approved work plans.

(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 (by EPA contract labor

category), and the total loaded direct labor hours.

(iii) For the cumulative reporting period and the cumulative contract period display: The negotiated

and expended direct labor hours (by EPA labor hour category) and the loaded direct labor rate.

(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 total cost labor hour. For the current contract period, compare the actual total cost per

hour to date with the average total cost per hour of the approved workplans.

(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 Address (email and/or

shipping)

Contracting Officer's Representative.

Contracting Officer

(End of clause)

1552.211-73 Level of effort - cost-reimbursement contract.

As prescribed in 1511.011-73, the contracting officer shall insert the following contract clause in

cost-reimbursement contracts including cost contracts without fee, cost-sharing contracts, cost-plusfixed-fee (CPFF) contracts, cost-plus-incentive-fee contracts (CPIF), and cost-plus-award-fee

contracts (CPAF).

Level of Effort - Cost-Reimbursement Contract (MAY 2016)

(a) The Contractor shall perform all work and provide all required reports within the level of effort

specified below. The Contractor shall provide up to ________ direct labor hours for the base period.

The Government's best estimate of the level of effort to fulfill these requirements is provided for

advisory and estimating purposes. The Government is only obligated to pay for direct labor hours

ordered and corresponding fixed fee for labor hours completed.

(b) Direct labor includes personnel such as engineers, scientists, draftsmen, technicians,

statisticians, and programmers, and not support personnel such as company management or data

entry/word processing/accounting personnel even though such support personnel are normally

treated as direct labor by the Contractor. The level of effort specified in paragraph (a) of this section

includes Contractor, subcontractor, and consultant non-support 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 exercised, an equitable downward adjustment of the fixed fee, if any, for that

period will be made. The downward adjustment will reduce the fixed fee by the percentage by which
the total expended level of effort is less than 100% of that specified in paragraph (a). (For instance,

if a hypothetical base-period LOE of 100,000 hours is being reduced to 70,000, the fixed fee shall

also be reduced by the same 30%. Using a corresponding hypothetical base-period fixed fee pool of

$300,000, the reduced fixed-fee amount is calculated as: $300,000 × (70,000 hours/100,000 hours)

= $210,000.)

(d) 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.

(e) If this is a cost-plus-incentive-fee (CPIF) contract, the term “fee” in paragraphs (c) and (d) of this

section means “base fee and incentive fee.” If this is a cost-plus-award-fee (CPAF) contract, the term

“fee” in paragraphs (c) and (d) means “base fee and award fee.”

(f) If the level of effort specified to be ordered during a given base or option period is not ordered

during that period, that level of effort may not be accumulated and ordered during a subsequent

period.

(g) These terms and conditions do not supersede the requirements of either the “Limitation of Cost”

or “Limitation of Funds” clauses.

(End of clause)

1552.211-74 Work assignments.

As prescribed in 1511.011-74, insert the following contract clause in cost-reimbursement contracts

when work assignments are to be used.

Work Assignments (DEC 2014)

(a) The contractor shall perform work under this contract as specified in written work assignments

issued by the Contracting Officer.

(b) Each work assignment may include

(1) a numerical designation, (2) approved workplan labor hours or an estimated initial level of effort

provided in accordance with 1511.011-74, (3) the period of performance and schedule of

deliverables, and (4) the description of the work.

(c) The Contractor shall acknowledge receipt of each work assignment by returning to the

Contracting Officer a signed copy of the work assignment within __ calendar days after its receipt.

The Contractor shall begin working on a work plan 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 Contract-level Contracting Officer's Representative 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. The Contractor is not authorized to

start work without an approved work plan unless approved by the Contracting Officer or otherwise

specified. 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 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 (APR 1984). As prescribed in 1511.011-74(b)(1), 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 (COI) 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 COI 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 COIs, but no additional COI certifications are required.

Before submitting the COI 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 COIs have been

reported to the Contracting Officer, or that to the best of the Contractor's knowledge and belief, no

actual or potential organizational COIs 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 COIs to the Contractor. The

COI certification shall also include a statement that the Contractor recognizes its continuing

obligation to identify and report any actual or potential COI arising during performance of this work

assignment or other work related to this site.

Alternate II (APR 1984). As prescribed in 1511.011-74(b)(1), 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 (COI) 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 COI 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 COIs, but no additional COI certifications are required.

Before submitting the COI certification, the Contractor shall initially search through all of its

available records to identify any actual or potential COIs. 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 COI

certification, the Contractor must certify to the best of the Contractor's knowledge and belief, that

all actual or potential organizational COIs have been reported to the Contracting Officer, or that to

the best of the Contractor's knowledge and belief, no actual or potential organizational COIs 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 COIs to the Contractor. The COI certification shall also include a

statement that the Contractor recognizes its continuing obligation to identify and report any actual

or potential COI arising during performance of this work assignment or other work related to this

site.

Alternate III (DEC 2014). As prescribed in 1511.011-74(b)(2), 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 (COI) certification.

Before submitting the COI 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 COIs have been

reported to the Contracting Officer, or that to the best of the Contractor's knowledge and belief, no

actual or potential organizational COIs 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 COIs to the Contractor. The

COI certification shall also include a statement that the Contractor recognizes its continuing

obligation to identify and report any actual or potential COI arising during performance of this work

assignment.

Alternate IV (DEC 2014). As prescribed in 1511.011-74(b)(2), 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 (COI) certification.

Before submitting the COI certification, the Contractor shall initially search through all of its

available records to identify any actual or potential COIs. During the first three years of this

contract, the Contractor shall search through all records created since the beginning of the contract

plus records of the Contractor prior to the award of the contract until a minimum of three years of

records have accumulated. Once three years of records have accumulated, prior to certifying, the

Contractor shall search its records, 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 COIs have been reported to the Contracting Officer, or that to the best of the

Contractor's knowledge and belief, no actual or potential organizational COIs 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

COIs to the Contractor. The COI certification shall also include a statement that the Contractor

recognizes its continuing obligation to identify and report any actual or potential COI arising during

performance of this work assignment.

(End of clause)
1552.211-75 Working files.

As prescribed in 1511.011-75, insert the following clause in all applicable EPA contracts.

Working Files (APR 1984)

The Contractor shall maintain accurate working files (by task or work assignment) on all work

documentation including calculations, assumptions, interpretations of regulations, sources of

information, and other raw data required in the performance of this contract. The Contractor shall

provide the information contained in the contractor's working files upon request of the Contracting

Officer.

(End of clause)

1552.211-76 Legal analysis.

As prescribed in 1511.011-76, insert this contract clause when it is determined that the contract

involves legal analysis.

Legal Analysis (APR 1984)

The Contractor shall furnish to the Contracting Officer's Representative one (1) copy of any draft

legal analysis. The Government will provide a response to the Contractor within thirty (30) calendar

days after receipt. The Contractor shall not finalize the analysis until the Government has given

approval.

(End of clause)

1552.211-77 Final reports.

As prescribed in 1511.011-77, insert this contract clause when a contract requires both a draft and a

final report.

Final Reports (SEP 2013)

(a) “Draft Report” The Contractor shall submit a copy of the draft final report on or before (date) to

the Contracting Officer's Representative and Contracting Officer in electronic format, unless

specified otherwise by the Government. The draft shall be 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 Address (email and/or shipping)

1 EPA Library

1 Contracting Officer

1 Contracting Officer's Representative

(c) The electronic format of the draft and final report shall be in accordance with the current EPA

policy and procedures.

(End of clause)

1552.211-78 Advisory and assistance services.

As prescribed in 1511.011-78, insert the following contract clause in all contracts for advisory and

assistance services.

Advisory and Assistance Services (JUL 2016)

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 Contracting Officer's

Representative (COR) and the COR's office identification and location; and (f) date of report.

(End of clause)

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 (JUL 2016)

(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 on the Office of Environmental

Information policy Web site. Upon receipt of a work request (i.e. delivery order, task order, or work

assignment), the Contractor shall check this listing of directives. The applicable directives for

performance of the work request are those in effect on the date of issuance of the work request. The

2100 Series (2100-2199) of the Agency's Directive System contains the majority of the Agency's IRM

policies, standards, and procedures.

(c) Section 508 requirements (accessibility). Contract deliverables are required to be compliant with

Section 508 requirements (accessibility for people with disabilities). The Environmental Protection

Agency policy for 508 compliance can be found at www.epa.gov/accessibility.

(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://www2.epa.gov/irmpoli8/current-information-directives.

(End of clause)

1552.213-70 Notice to suppliers of equipment.

As prescribed in 1513.507(b), the Contracting Officer shall insert the following contract clause in

orders for or lease of commercially available equipment.

Notice to Suppliers of Equipment (APR 1984)

(a) It is the general policy of the Environmental Protection Agency that Contractor or vendor

prescribed leases or maintenance agreements for equipment will NOT be executed.

(b) Performance in accordance with the terms and conditions of the vendor's commercial lease, or

customer service maintenance agreement, unless specified in the Schedule, may render the vendor's

performance unacceptable, thereby permitting the Government to apply such contractual remedies

as may be permitted by law, regulation, or the terms of this order.

(End of clause)

1552.214-71 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 crossreferenced in this provision. The other factors set forth in the provision should represent a

consolidated statement of the exact basis upon which bids will be evaluated for award.

Contract Award - Other Factors - Formal Advertising (APR 1984)

The Government will award a contract resulting from this solicitation as stated in the “Contract

Award” provision. The other factors that will be considered are:

(End of provision)

1552.215-70--1552.215-71 [Reserved]

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 an IBMcompatible software or storage device (e.g., USB flash drive or card reader) containing the financial

data required, if this information is available using a commercial spreadsheet program on a personal

computer. Submit this information using Microsoft Exchange 365, if available. Identify which version

of Microsoft Exchange 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 compatible software or device 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 proposed fixed hourly rates per

labor category for the base and any optional contract periods.

(iii) If the contract includes 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 laborhours for these personnel. These direct charges are to be shown separately from the technical (levelof-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 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 ()(3)():

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.

(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 × 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 × 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 × 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 × 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.

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/actual cost Standard cost

Estimating System:

Job Order ______ ______

Process ______ ______

Accumulating System:

Job Order ______ ______

Process ______ ______

Has your cost estimating system been approved by any Government agency?

Yes __ No __

If yes, give name, 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?
Fiscal year Indirect cost rate Basis of 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)

1552.215-74 Advanced understanding - uncompensated

time.

As prescribed in 1515.408(b), insert the following provision or one substantially the same as the

following provision:

Advanced Understanding - Uncompensated Time (AUG 1999)

(a) The estimated cost of this contract is based upon the Contractor's proposal which specified that

exempt personnel identified to work at the Contractor's facilities will provide uncompensated labor

hours to the contract totaling ____ percent of compensated labor. (Note: the commitment for

uncompensated time, and the formula elements in paragraph (b) below, apply only to exempt

personnel working at the Contractor's facilities and does not include non-exempt personnel or

exempt personnel working at other facilities.) Uncompensated labor hours are defined as hours of

exempt personnel in excess of regular hours for a ____ pay period which are actually worked and

recorded in accordance with the company policy, entitled, ____________________.

(b) Recognizing that the probable cost to the Government for the labor provided under this contract
is calculated assuming a proposed level of uncompensated labor hours, it is hereby agreed that in

the event the proposed level of uncompensated labor hours are not provided, an adjustment,

calculated in accordance with the following formula will be made to the contract amount.

Formula:

Adjustment equals estimated value of uncompensated time hours not provided.

Target uncompensated time percent minus ____ percent.

Shortage of uncompensated time percent minus actual cost percent.

Estimated value of uncompensated time hours not provided equals shortage of uncompensated time

percent times total exempt applicable direct labor costs (including applicable indirect costs).

(c) Within three weeks after the end of the contract, the Contractor shall submit a statement

concerning the amount of uncompensated time hours delivered during the contract. In the event

there is a shortage of uncompensated time hours provided, a calculation, utilizing the above formula

will be made and this calculation will be the basis for an adjustment in the contract amount.

(d) In the event adjustments are made to the contract, the adjusted amounts shall not be allowable

as a direct or indirect cost to this or any other Government contract.

(End of clause)

1552.215-75 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 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)

1552.215-76 [Reserved]

1552.216-70 Award Fee.

As prescribed in 1516.406(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)

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 the not-toexceed amount to be inserted in the clause should be those in the anticipatory cost letter.

Date of Incurrence of Cost (APR 1984)

The Contractor is entitled to reimbursement for allowable, allocable costs incurred during the period

of __________________ to the award date of this contract in an amount not to exceed

$

All terms and conditions of this contract are in effect from

(End of clause)

1552.216-72 Ordering - by designated ordering officers.

As prescribed in 1516.505(a), insert the subject clause, or a clause substantially similar to the

subject clause, in indefinite delivery/indefinite quantity type solicitations and contracts.

Ordering - By Designated Ordering Officers (JUL 2014)

(a) The Government will order any supplies and services to be furnished under this contract by

issuing task/delivery orders on Optional Form 347, or an agency prescribed form, from ______

through ______. In addition to the Contracting Officer, the following individuals are authorized

ordering officers.

(b) A Standard Form 30 will be the method of amending task/delivery orders.

(c) The Contractor shall acknowledge receipt of each order by having an authorized company officer

sign either a copy of a transmittal letter or signature block on page 3 of the task/delivery order,

depending upon which is provided, within ____ calendar days of receipt.

(d) Prior to the placement of any task/delivery order, the Contractor will be provided with a
proposed Performance Work Statement/Statement of Work and will be asked to respond with

detailed technical and cost proposals within ____ calendar days or less. The technical proposal will

delineate the Contractor's interpretation for the execution of the PWS/SOW, and the pricing

proposal will be the Contractor's best estimate for the hours, labor categories and all costs

associated with the execution. The proposals are subject to negotiation. The Ordering Officer and

the Contractor shall reach agreement on all the material terms of each order prior to the order being

issued.

(e) Each task/delivery order issued will incorporate the Contractor's technical and cost proposals as

negotiated with the Government, and will have a ceiling price which the contractor shall 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) Under no circumstances will the Contractor start work prior to the issue date of the task/delivery

order unless specifically authorized to do so by the Ordering Officer. Any verbal authorization will be

confirmed in writing by the Ordering Officer or Contracting Officer within ____ calendar days.

(End of clause)

Alternate I (JUL 2014). As prescribed in 1516.505(a), insert the subject clause, or a clause

substantially similar to the subject clause, in indefinite delivery/indefinite quantity contracts when

formal input from the Contractor will not be obtained prior to order issuance.

(a) The Government will order any supplies and services to be furnished under this contract by

issuing task/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 task/delivery orders.

(c) The Contractor shall acknowledge receipt of each order and shall prepare and forward to the

Ordering Officer within ____ 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, the Contractor shall promptly notify the Ordering Officer and Contracting Officer in

writing within ____ calendar days, stating why the estimated labor hours or specified completion

date is considered unreasonable.

(e) Each task/delivery order will have a ceiling price, which the Contractor may not exceed. When

the Contractor has reason to believe that the labor payment and support costs for the order, which

will accrue in the next thirty (30) days, will bring total cost to over 85 percent of the ceiling price

specified in the order, the Contractor shall notify the Ordering Officer.

(f) Paragraphs (c), (d), and (e) of this clause apply only when services are being ordered.

(End of clause)
1552.216-73 Fixed rates for services - indefinite

delivery/indefinite quantity contract.

As prescribed in 1516.505(b), insert the following clause:

Fixed Rates for Services - Indefinite Delivery/Indefinite Quantity Contract (OCT 2021)

(a) The following fixed rates shall apply for payment purposes for the duration of the contact.

Personnel classification Skill level Fixed hourly rate

(b) The rate, or rates, set forth in paragraph (a) of this section cover all expenses, including report

preparation, salaries, overhead, general and administrative expenses, and profit.

(c) The Contractor shall voucher for only the time of the personnel whose services are applied

directly to the work called for in individual Orders and accepted by the EPA Contracting Officer's

Representative (COR). The Government shall pay the Contractor for the life of the Order at rates in

effect when the Order was issued, even if performance under the 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 Orders.

(End of Clause)

Alternate I (date). As prescribed in 1515.505(b), modify the Basic form of the clause by changing

paragraph (c) to the following:

(c) The Contractor shall voucher for only the time of the personnel whose services are applied

directly to the work called for in individual Orders and accepted by the EPA Contracting Officer's

Representative (COR). The Government shall pay the Contractor at rates in effect when the work is
performed by the Contractor. 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 Orders.

1552.216-74 Payment of fee.

As prescribed in 1516.307(b), insert the following clause:

Payment of Fee (MAY 1991)

(a) The term fee in this clause refers to either the fixed fee under a cost-plus-fixed-fee type contract,

or the base fee under a cost-plus-award-fee type contract.

(b) The Government will make provisional fee payments on the basis of percentage of work

completed. Percentage of work completed is the ratio of direct labor hours performed to the direct

labor hours set forth in clause 1552.211-73, Level of Effort - Cost-Reimbursement Term Contract.

(End of clause)

1552.216-75 Base fee and award fee proposal.

As prescribed in 1516.406(b), insert the following provision:

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 provision)

1552.216-76 Estimated cost and cost-sharing.

As prescribed in 1516.307(c), insert the following clause:

Estimated Cost and Cost-Sharing (APR 1996)

(a) The total estimated cost of performing the work under this contract is $________. The Contractor's

share of this cost shall not exceed $________. The Government's share of this cost shall not exceed

$________.

(b) For performance of the work under the contract, the Contractor shall be reimbursed for not more

than ____ percent of the cost of performance determined to be allowable under the Allowable Cost

and Payment clause. The remaining balance of allowable cost shall constitute the Contractor's share.

(c) Fee shall not be paid to the prime contractor under this cost-sharing contract.
(d) The Contractor shall maintain records of all costs incurred and claimed for reimbursement as

well as any other costs claimed as part of its cost share. Those records shall be subject to audit by

the Government.

(e) Costs contributed by the Contractor shall not be charged to the Government under any other

contract, grant or agreement (including allocation to other contracts as part of an independent

research and development program) nor be included as contributions under any other Federal

contract.

(End of clause)

1552.216-77 Award term incentive.

As prescribed in 1516.406(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

(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)

1552.216-78 Award term incentive plan.

As prescribed in 1516.406(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 Department of Defense Contractor Performance Assessment

Reporting System (CPARS) for this contract. The CPARS 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:

Evaluation period Average rating

Year One 4.5.
Evaluation period Average rating

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.

1552.216-79 Award term availability of funds.

As prescribed in 1516.406(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)

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)

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

(End of clause)

1552.217-72 Option to extend the term of the contract -

cost-plus-award-fee contract.

As prescribed in 1517.208(c), insert this contract clause in cost-plus-award-fee term contracts when

applicable. If only one option period is used, enter “NA” in the proper places of the clause. If more

than two option periods apply, modify the clause accordingly.

Option To Extend the Term of the Contract - Cost-Plus-Award-Fee Contract (APR 1984)

(a) The Government has the option to extend the term of this contract for ____ additional periods. If

more than 60 days remain in the contract period of performance, the Government, without prior

written notification, may exercise this option by issuing a contract modification. To exercise this

option within the last 60 days of the period of performance, the Government must provide to the

Contractor written notification prior to that last 60-day period. This preliminary notification does not

commit the Government to exercising the option. The Government's estimated level of effort is ____

direct labor hours for the first option period and ____ for the second. Use of an option will result in

the following contract modifications:

(b) The “Period of Performance” clause will be amended to cover a base period from

______________________ to ____________________ and option periods from ______________________ to

____________________ and ______________________ to ______________________.

(c) Paragraph (a) of the “Level of Effort” clause will be amended to reflect a new and separate level

of effort of ________________ for the first option period and a new and separate level of effort of

____________________ for the second option period.

(d) The “Estimated Cost Base Fee and Award Fee” clause will be amended to reflect increased

estimated costs and base fee and award fee pool for each option period as follows:

Option 1 Option 2

Estimated cost

Base fee
Option 1 Option 2

Award fee pool

Total

(e) If this contract contains “not to exceed amounts” for elements of other direct costs (ODC), those

amounts will be increased as follows:

Other direct cost item Option 1 Option 2

(End of clause)

1552.217-73 Option for increased quantity - cost-type

contract.

As prescribed in 1517.208(d), insert this contract clause in cost-reimbursement type term form

contracts when applicable. If only one option period is used, enter “NA” in the proper places of the

clause. If more than two option periods apply, modify the clause accordingly.

Option for Increased Quantity - Cost-Type Contract (JUN 1997)

(a) By issuing a contract modification, the Government may increase the estimated level of effort by

____ direct labor hours during the base period, ____ during the first option period, and ____ during

the second option period. The Government may issue a maximum of ____ orders to increase the level

of effort in blocks of ____ hours during any given period. The estimated cost and fixed fee of each

block of hours is as follows:

Base period Option 1 Option 2

Estimated cost

Fixed fee
Base period Option 1 Option 2

Total

(b) When these options are exercised, paragraph (a) of the “Level of Effort” clause and the

“Estimated Cost and Fixed Fee” clause will be modified accordingly.

(c) If this contract contains “not to exceed amounts” for elements of other direct costs (ODCs), those

amounts will be increased as follows:

Other direct cost item Option 1 Option 2

(End of clause)

1552.217-74 Option for increased quantity - cost-plus-awardfee 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 period Option 1 Option 2

Estimated cost

Base fee

Award fee pool
Base period Option 1 Option 2

Total

(b) When these options are exercised, paragraph (a) of the “Level of Effort” clause and the

“Estimated Cost, Base Fee, and Award Fee” clause will be modified accordingly.

(c) If this contract contains “not to exceed amounts” for elements of other direct costs (ODCs), those

amounts will be increased as follows:

Other direct cost item Option 1 Option 2

(End of clause)

1552.217-75 Option to extend the effective period of the

contract - time and materials or labor hour contract.

As prescribed in 1517.208(f), insert this clause in time and materials or labor hour type contracts

when applicable. This clause will be modified to reflect the actual number of option periods for the

acquisition. If only one option period is used, modify (c) accordingly.

Option To Extend the Effective Period of the Contract - Time and Materials or Labor Hour Contract

(APR 1984)

(a) The Government has the option to extend the effective period of this contract for ____ additional

period(s). If more than sixty (60) days remain in the contract effective period, the Government,

without prior written notification, may exercise this option by issuing a contract modification. To

unilaterally exercise this option within the last 60 days of the effective period, the Government must

issue written notification of its intent to exercise the option prior to that last 60-day period. This

preliminary notification does not commit the Government to exercising the option.

(b) If the option(s) are exercised, the “Ceiling Price” clause will be modified to reflect a new and

separate ceiling price of $________ for the first option period and a new and separate ceiling price of

$________ for the second option period.

(c) The “Effective Period of the Contract” clause will be modified to cover a base period from

____________________ to __________________ and option periods from ____________________ to

__________________ and ____________________ to ______________________.

(End of clause)
1552.217-76 Option to extend the effective period of the

contract - indefinite delivery/indefinite quantity contract.

As prescribed in 1517.208(g), the following is used in indefinite delivery/indefinite quantity type

contracts with options to extend the effective period of the contract. The clause may be adjusted

depending upon the number of options. If only one option period is used, modify (b) and (c)

accordingly.

Option To Extend the Effective Period of the Contract - Indefinite Delivery/Indefinite Quantity

Contract (MAR 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 options are exercised, the “Minimum and Maximum Contract Amount” clause will be

modified to reflect new and separate minimums of ____ for the first option period and ____ for the

second option period, and new and separate maximums of ____ for the first option period and ____ for

the second option period.

(c) The “Effective Period of the Contract” clause will be modified to cover a base period from

____________________ to __________________ and option periods from ____________________ to

__________________ and ____________________ to ______________________.

(End of clause)

1552.217-77 Option to extend the term of the contract fixed

price.

As prescribed in 1517.208(h), insert the following clause:

Option To Extend the Term of the Contract Fixed Price (OCT 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:

(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)

1552.219-70--1552.219-74 [Reserved]

1552.223-70 Protection of human subjects.

As prescribed in 1523.303-70, insert the following contract clause when the contract involves human

test subjects.

Protection of Human Subjects March 2015

(a) The contractor shall meet all EPA requirements for studies using human subjects prior to
undertaking any work with human subjects in accordance with 40 CFR part 26 and EPA Order

1000.17 A1 Policy and Procedures on Protection of Human Research Subjects in EPA Conducted or

Supported Research. Studies involving intentional exposure of human subjects who are children or

pregnant or nursing women are prohibited. Requirements regarding observational studies involving

children or pregnant women and fetuses are referenced in subparts C and D of 40 CFR part 26.

(b) The contractor's Institutional Review Board (IRB) approval must state that the contractor's study

meets the EPA's regulations at 40 CFR part 26 and EPA Order 1000.17 A1. No work involving human

subjects, including recruiting, may be initiated before the EPA has received a copy of the

contractor's IRB approval of the project and the EPA has also issued approval. Where human

subjects are involved in the research, the contractor must provide evidence of subsequent IRB

reviews, including amendments or minor protocol changes, as part of annual reports.

(c) The contractor shall bear full responsibility for the proper and safe performance of all work and

services involving the use of human subjects under this contract and shall ensure that work is

conducted in a proper manner and as safely as is feasible. The contractor agrees that it has entered

into this contract and will discharge its obligations, duties, and undertakings and the work pursuant

thereto, whether requiring professional judgment or otherwise, as an independent contractor

without imputing liability on the part of the government for the acts of the contractor, its employees,

sub-contractors, consultants, heirs, assignees, etc.

(d) If at any time during the performance of this contract, the contracting officer determines that the

contractor is not in compliance with any of the requirements and/or standards stated in above, the

contracting officer may immediately suspend, in whole or in part, work and further payments under

this contract until the contractor corrects the noncompliance. The contracting officer may

communicate the notice of suspension by telephone with confirmation in writing. If the contractor

fails to complete corrective action within the period of time designated in the contracting officer's

written notice of suspension, the contracting officer may terminate this contract in whole or in part.

(End of clause)

1552.223-71 EPA Green Meetings and Conferences.

As prescribed in 1523.703-1, insert the following provision, or language substantially the same as

the provision, in solicitations for meetings and conference facilities.

EPA Green Meetings and Conferences (SEP 2017)

(a) The mission of the EPA is to protect human health and the environment. As such, all EPA

meetings and conferences will be staged using as many environmentally preferable measures as

possible. Environmentally preferable means products or services that have a lesser or reduced effect

on the environment when compared with competing products or services that serve the same

purpose.

(b) Potential meeting or conference facility providers for EPA shall provide information about the

environmentally preferable features and practices identified by the checklist contained in paragraph

(c) of this section, addressing sustainability for meeting and conference facilities including lodging

and non-lodging oriented facilities.

(c) The following list of questions is provided to assist contracting officers in evaluating the
environmental preferability of prospective meeting and conference facility providers. More

information about EPA's Green Meetings initiative may be found on the Internet at

https://www.epa.gov/p2/green-meetings.

(1) Does your facility track energy usage and/or GHG emissions through ENERGY STAR Portfolio

Manager (http://www.energystar.gov/benchmark) or some other calculator based on a recognized

greenhouse gas tracking protocol? Y/N_

(2) If available for your building type, does your facility currently qualify for the Energy Star

certification for superior energy performance? Y/N _, NA_

(3) Does your facility track water use through ENERGY STAR Portfolio Manager or another

equivalent tracking tool and/or undertake best management practices to reduce water use in the

facility (http://www.epa.gov/watersense/commercial)? Y/N_

(4) Do you use landscaping professionals who are either certified by a WaterSense recognized

program or actively undertake the WaterSense “Water-Smart” landscaping design practices

(http://www.epa.gov/watersense/outdoor)? Y/N_, NA_

(5) Based on the amount of renewable energy your buildings uses, does (or would) your facility

qualify as a partner under EPA's Green Power Partnership program

(https://www.epa.gov/greenpower/green-power-partnership-basic-program-in...)? Y/N_

(6) Do you restrict idling of motor vehicles in front of your facility, at the loading dock and elsewhere

at your facility? Y/N_

(7) Does your facility have a default practice of not changing bedding and towels unless requested

by guests? Y/N_, NA_

(8) Does your facility participate in EPA's WasteWise (https://www.epa.gov/smm/wastewise) and/or

Food Recovery Challenge

(https://www.epa.gov/sustainable-management-food/food-recovery-challenge...) programs? Y/N_

(9) Do you divert from landfill at least 50% of the total solid waste generated at your facility? Y/N_

(10) Will your facility be able to divert from the landfill at least 75% of the total solid waste expected

to be generated during this conference/event? Y/N_

(11) Do you divert from landfill at least 50% of the food waste generated at your facility (through

donation, use as animal feed, recycling, anaerobic digestion, or composting)? Y/N_

(12) Will your facility be able to divert from landfill at least 75% of the food waste expected to be

generated during this conference/event (through donation, use as animal feed, recycling, anaerobic

digestion, or composting)? Y/N_

(13) Does your facility provide recycling containers for visitors, guests and staff (paper and beverage

at minimum)? Y/N_

(14) With respect to any food and beverage prepared and/or served at your facility, does at least

50% of it on average meet sustainability attributes such as: Local, organic, fair trade, fair labor,

antibiotic-free, etc.? Y/N_

(15) Will your facility be able to ensure that at least 75% of the food and beverage expected to be
served during this conference/event meets sustainability attributes such as: Local, organic, fair

trade, fair labor, antibiotic-free, etc.? Y/N_

(16) Does your facility use Design for the Environment (DfE) cleaning products

(https://www.epa.gov/saferchoice/history-safer-choice-and-design-environ...), or similar products

meeting other recognized standards for being `environmentally preferable'

(http://www.epa.gov/epp/) or more sustainable? Y/N_

(17) Is your facility prepared to document or demonstrate all of the claims you have made above?

Y/N_

(d) The contractor shall include any additional “Green Meeting” information in their proposal which

is believed is pertinent to better assist us in considering environmental preferability in selecting our

meeting venue.

(End of provision)

1552.223-72 Use and care of laboratory animals.

As prescribed in 1523.303-72, insert the following clause in all contracts involving the use of animals

in testing, research or training:

Use and Care of Laboratory Animals March 2015

(a) Use of laboratory animals.

(1) 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

the Secretary of Agriculture of the United States in accordance with the Animal Welfare Act of 1966,

as amended (AWA), codified at 7 U.S.C. 2131 et seq. and promulgated at 9 CFR parts 1-4. The

contractor shall furnish evidence of such registration to the contracting officer.

(2) 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 9 CFR

2.25-2.28. Animals shall not be acquired from any random source Class B dealer.

(3) The contractor may request registration of his/her 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/her research facility is located. The location of the appropriate APHIS

Regional Office as well as information concerning this program may be obtained at

http://www.aphis.usda.gov/contact_us/.

(b) Care of laboratory animals.

(1) In the care of any live animals used or intended for use in the performance of this contract, the

contractor shall adhere to:

(i) The standards and practices incorporated in the Guide for Care and Use of Laboratory Animals,

prepared by the Institute of Laboratory Animal Research of the National Research Council of the

National Academies (ILAR/NRC),
(ii) The Animal Welfare Regulations found in 9 CFR parts 1-4, and

(iii) The National Institutes of Health (NIH) Public Health Service (PHS) Policy on the Humane Care

and Use of Laboratory Animals.

(2) In case of conflict between standards, the higher standard shall be used.

(3) 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 ILAR/NRC, and/or in the Animal

Welfare Regulations found in 9 CFR parts 1-4.

(End of clause)

1552.224-70 Social security numbers of consultants and

certain sole proprietors and Privacy Act statement.

As prescribed in 1524.104, insert the following provision in all solicitations.

Social Security Numbers of Consultants and Certain Sole Proprietors and Privacy Act Statement

(APR 1984)

(a) Section 6041 of title 26 of the U.S. Code requires EPA to file Internal Revenue Service (IRS)

Form 1099 with respect to individuals who receive payments from EPA under purchase orders or

contracts. Section 6109 of title 26 of the U.S. Code authorizes collection by EPA of the social

security numbers of such individuals for the purpose of filing IRS Form 1099. Social security

numbers obtained for this purpose will be used by EPA for the sole purpose of filing IRS Form 1099

in compliance with section 6041 of title 26 of the U.S. Code.

(b) If the offeror or quoter is an individual, consultant, or sole proprietor and has no Employer

Identification Number, insert the offeror's or quoter's social security number on the following line.

(End of provision)

1552.227-76 Project employee confidentiality agreement.

As prescribed in 1527.409, insert the following clause:

Project Employee Confidentiality Agreement (MAY 1994)

(a) The Contractor recognizes that Contractor employees in performing this contract may have

access to data, either provided by the Government or first generated during contract performance,

of a sensitive nature which should not be released to the public without Environmental Protection

Agency (EPA) approval. Therefore, the Contractor agrees to obtain confidentiality agreements from

all of its employees working on requirements under this contract.

(b) Such agreements shall contain provisions which stipulate that each employee agrees that the

employee will not disclose, either in whole or in part, to any entity external to EPA, the Department
of Justice, or the Contractor, any information or data (as defined in FAR Section 27.401) provided by

the Government or first generated by the Contractor under this contract, any site-specific cost

information, or any enforcement strategy without first obtaining the written permission of the EPA

Contracting Officer. If a contractor, through an employee or otherwise, is subpoenaed to testify or

produce documents, which could result in such disclosure, the Contractor must provide immediate

advance notification to the EPA so that the EPA can authorize such disclosure or have the

opportunity to take action to prevent such disclosure. Such agreements shall be effective for the life

of the contract and for a period of five (5) years after completion of the contract.

(c) The EPA may terminate this contract for convenience, in whole or in part, if it deems such

termination necessary to prevent the unauthorized disclosure of information to outside entities. If

such a disclosure occurs without the written permission of the EPA Contracting Officer, the

Government may terminate the contract, for default or convenience, or pursue other remedies as

may be permitted by law or this contract.

(d) The Contractor further agrees to insert in any subcontract or consultant agreement placed

hereunder, except for subcontracts or consultant agreements for well drilling, fence erecting,

plumbing, utility hookups, security guard services, or electrical services, provisions which shall

conform substantially to the language of this clause, including this paragraph, unless otherwise

authorized by the Contracting Officer.

Alternate I (JAN 2015). Contracts for other than Superfund work shall include Alternate I in this

clause in lieu of paragraph (d).

(d) 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

(d), unless otherwise authorized by the Contracting Officer.

(End of clause)

1552.228-70 Insurance liability to third persons.

As prescribed in 1528.301, insert the following clause:

Insurance - Liability to Third Persons (OCT 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)

1552.229-70 [Reserved]

1552.232-70 Submission of invoices.

As prescribed in 1532.908, insert the following clause:

Submission of Invoices (MAY 2019)

(a) Electronic invoicing and the Invoice Processing Platform (IPP) -

(1) Definitions. As used in this clause -

Contract financing payment and invoice payment are defined in Federal Acquisition Regulation

(FAR) 32.001.

Electronic form means an automated system that transmits information electronically from the

initiating system to all affected systems. Facsimile, email, and scanned documents are not

acceptable electronic forms for submission of payment requests. However, scanned documents are

acceptable when they are part of a submission of a payment request made using Invoice Processing

Platform or another electronic form authorized by the Contracting Officer.

Payment request means any request for contract financing payment or invoice payment submitted

by the Contractor under this contract.

(2)

(i) Except as provided in paragraph (c) of this clause, the Contractor shall submit invoices using the

electronic invoicing program Invoice Processing Platform (IPP), which is a secure web-based service

provided by the U.S. Treasury that more efficiently manages government invoicing.

(ii) Under this contract, the following documents are required to be submitted as an attachment to

the IPP invoice: (This is a fill-in for acceptable types of required documentation, such as an SF 1034

and 1035, or an invoice/self-designed form on company letterhead that contains the required

information.)

(iii) The Contractor's Government Business Point of Contact (as listed in System for Award

Management (SAM)) will receive enrollment instructions via email from the IPP. The Contractor

must register within 3 to 5 days of receipt of such email from IPP.
(iv) Contractor assistance with enrollment can be obtained by contacting the IPP Production

Helpdesk via email at IPPCustomerSupport@fiscal.treasury.gov or by telephone at (866) 973-3131.

(3) If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for

payment, the Contractor shall submit a waiver request in writing to the Contracting Officer. The

Contractor may submit an invoice using other than IPP only when -

(i) The Contracting Officer administering the contract for payment has determined, in writing, that

electronic submission would be unduly burdensome to the Contractor; and in such cases, the

Contracting Officer shall modify the contract to include a copy of the Determination; or

(ii) When the Governmentwide commercial purchase card is used as the method of payment.

(4) The Contractor shall submit any non-electronic payment requests using the method or methods

specified in Section G of the contract.

(5) In addition to the requirements of this clause, the Contractor shall meet the requirements of the

appropriate payment clauses in this contract when submitting payment requests.

(6) Invoices submitted through IPP will be either rejected, or accepted and paid, in their entirety,

and will not be paid on a partial basis.

(b) Invoice preparation. The Contractor shall prepare its invoice or request for contract financing

payment in accordance with FAR 32.905 on the prescribed Government forms, or the Contractor

may submit self-designed forms which contain the required information. Standard Form 1034, Public

Voucher for Purchases and Services other than Personal, is prescribed for used by contractors to

show the amount claimed for reimbursement. Standard Form 1035, Public Voucher for Purchases

and Services other than Personal - Continuation Sheet, is prescribed for use to furnish the necessary

supporting detail or additional information required by the Contracting Officer.

(c) Invoice content.

(1) The Contractor shall prepare a contract level invoice or request for contract financing payment

in accordance with the invoice preparation instructions. If contract work is authorized by an

individual task order or delivery order (TO/DO), the invoice or request for contract financing

payment shall also include a summary of the current and cumulative amounts claimed by cost

element for each TO/DO and for the contract total, as well as any supporting data for each TO/DO as

identified in the instructions.

(2) The invoice or request for contract financing payment shall include current and cumulative

charges by major cost element such as direct labor, overhead, travel, equipment, and other direct

costs. For current costs, each major cost element shall include the appropriate supporting schedule

identified in the invoice preparation instructions. Cumulative charges represent the net sum of

current charges by cost element for the contract period.

(d) Subcontractor charges.

(1) The charges for subcontracts shall be further detailed in a supporting schedule showing the

major cost elements for each subcontract.

(2) On a case-by-case basis, when needed to verify the reasonableness of subcontractor costs, the

Contracting Officer may require that the contractor obtain from the subcontractor cost information

in the detail set forth in paragraph (c)(2) of this section. This information should be obtained through
a means which maintains subcontractor confidentiality (for example, via sealed envelopes), if the

subcontractor expresses Confidential Business Information (CBI) concerns.

(e) Period of performance indication. Invoices or requests for contract financing payment must

clearly indicate the period of performance for which payment is requested. Separate invoices or

requests for contract financing payment are required for charges applicable to the base contract and

each option period.

(f) Invoice submittal.

(1) Notwithstanding the provisions of the clause of this contract at FAR 52.216-7, Allowable Cost and

Payment, invoices or requests for contract financing payment shall be submitted once per month

unless there has been a demonstrated need and Contracting Officer approval for more frequent

billings. When submitted on a monthly basis, the period covered by invoices or requests for

contractor financing payments shall be the same as the period for monthly progress reports required

under this contract.

(2) If the Contracting Officer allows submissions more frequently than monthly, one submittal each

month shall have the same ending period of performance as the monthly progress report.

(3) Where cumulative amounts on the monthly progress report differ from the aggregate amounts

claimed in the invoice(s) or request(s) for contract financing payments covering the same period, the

contractor shall provide a reconciliation of the difference as part of the payment request.

(g) EPA Invoice Preparation Instructions - SF 1034. The information which a contractor is required

to submit in its Standard Form 1034 is set forth as follows:

(1) U.S. Department, Bureau, or establishment and location - Insert the names and address of the

servicing finance office, unless the contract specifically provides otherwise.

(2) Date Voucher Prepared - Insert date on which the public voucher is prepared and submitted.

(3) Contract/Delivery Order Number and Date - Insert the number and date of the contract and task

order or delivery order, if applicable, under which reimbursement is claimed.

(4) Requisition Number and Date - Leave blank.

(5) Voucher Number - Insert the appropriate serial number of the voucher. A separate series of

consecutive numbers, beginning with Number 1, shall be used by the contractor for each new

contract. For an adjustment invoice, write “[invoice number] #Adj” at the voucher number. For a

final invoice, put invoice number F. For a completion invoice, put invoice number #C.

(6) Schedule Number; Paid By; Date Invoice Received - Leave blank.

(7) Discount Terms - Enter terms of discount, if applicable.

(8) Payee's Account Number - This space may be used by the contractor to record the account or job

number(s) assigned to the contract or may be left blank.

(9) Payee's Name and Address - Show the name of the contractor exactly as it appears in the

contract and its correct address, except when an assignment has been made by the contractor, or

the right to receive payment has been restricted, as in the case of an advance account. When the

right to receive payment is restricted, the type of information to be shown in this space shall be
furnished by the Contracting Officer.

(10) Shipped From; To; Weight Government B/L Number - Insert for supply contracts.

(11) Date of Delivery or Service - Show the month, day and year, beginning and ending dates of

incurrence of costs claimed for reimbursement. Adjustments to costs for prior periods should

identify the period applicable to their incurrence, e.g., revised provisional or final indirect cost rates,

award fee, etc.

(12) Articles or Services - Insert the following: “For detail, see Standard Form 1035 total amount

claimed transferred from Page __of Standard Form 1035.” Insert “COST REIMBURSABLE -

PROVISIONAL PAYMENT” or “INDEFINITE QUANTITY/INDEFINITE DELIVERY - PROVISIONAL

PAYMENT” on the Interim public vouchers. Insert “COST REIMBURSABLE - COMPLETION

VOUCHER” or “INDEFINITE QUANTITY/INDEFINITE DELIVERY - COMPLETION VOUCHER” on

the Completion public voucher. Insert “COST REIMBURSABLE - FINAL VOUCHER” or

“INDEFINITE QUANTITY/INDEFINITE DELIVERY - FINAL VOUCHER” on the final public voucher.

Insert the following certification, signed by an authorized official, on the face of the Standard Form

1034:

“I certify that all payments requested are for appropriate purposes and in accordance with the

agreements set forth in the contract.”

(Name of Official)

(Title)

(13) Quantity; Unit Price - Insert for supply contracts.

(14) Amount - Insert the amount claimed for the period indicated in paragraph (g)(11) of this clause.

(h) EPA Invoice Preparation Instructions - SF 1035. The information which a contractor is required

to submit in its Standard Form 1035 is set forth as follows:

(1) U.S. Department, Bureau, or Establishment - Insert the name and address of the servicing

finance office.

(2) Voucher Number - Insert the voucher number as shown on the Standard Form 1034.

(3) Schedule Number - Leave blank.

(4) Sheet Number - Insert the sheet number if more than one sheet is used in numerical sequence.

Use as many sheets as necessary to show the information required.

(5) Number and Date of Order - Insert payee's name and address as in the Standard Form 1034.

(6) Articles or Services - Insert the contract number as in the Standard Form 1034.

(7) Amount - Insert the latest estimated cost, fee (fixed, base, or award, as applicable), total contract

value, and amount and type of fee payable (as applicable).

(8) A summary of claimed current and cumulative costs and fee by major cost element - Include the

rate(s) at which indirect costs are claimed and indicate the base of each by identifying the line of
costs to which each is applied. The rates invoiced should be as specified in the contract or by a rate

agreement negotiated by EPA's Cost and Rate Negotiation Team.

(9) Fee - The fee shall be determined in accordance with instructions appearing in the contract.

Note to paragraph (h) - Amounts claimed on vouchers must be based on records maintained by the

contractor to show by major cost element the amounts claimed for reimbursement for each

applicable contract. The records must be maintained based on the contractor's fiscal year and

should include reconciliations of any differences between the costs incurred and amounts claimed

for reimbursement. A memorandum record reconciling the total indirect cost(s) claimed should also

be maintained.

(i) Supporting Schedules for Cost Reimbursement Contracts. The following backup information is

required as an attachment to the invoice as shown by category of cost:

(1) Direct Labor - Identify the number of hours (by contractor labor category and total) and the total

loaded direct labor hours billed for the period in the invoice.

(2) Indirect Cost Rates - Identify by cost center, the indirect cost rate, the period, and the cost base

to which it is applied.

(3) Subcontracts - Identify the major cost elements for each subcontract.

(4) Other Direct Costs - When the cost for an individual cost (e.g., photocopying, material and

supplies, telephone usage) exceeds $1,000 per the invoice period, provide a detailed explanation for

that cost category.

(5) Contractor Acquired Equipment (if authorized by the contract) - Identify by item the quantities,

unit prices, and total dollars billed.

(6) Contractor Acquired Software (if authorized by the contract) - Identify by item the quantities,

unit prices, and total dollars billed.

(7) Travel - When travel costs exceed $2,000 per invoice period, identify by trip, the number of

travelers, the duration of travel, the point of origin, destination, purpose of trip, transportation by

unit price, per diem rates on daily basis and total dollars billed. Detailed reporting is not required

for local travel. The manner of breakdown, e.g., task order/delivery order basis with/without

separate program management, contract period will be specified in the contract instructions.

Note to paragraph ()

- Any costs requiring advance consent by the Contracting Officer will be considered improper and

will be disallowed, if claimed prior to receipt of Contracting Officer consent. Include the total cost

claimed for the current and cumulative-to-date periods. After the total amount claimed, provide

summary dollar amounts disallowed on the contract as of the date of the invoice. Also include an

explanation of the changes in cumulative costs disallowed by addressing each adjustment in terms

of: Voucher number, date, dollar amount, source, and reason for the adjustment. Disallowed costs

should be identified in unallowable accounts in the contractor's accounting system.

(j) Supporting Schedules for Time and Materials Contracts. The following backup information is

required as an attachment to the invoice as shown by category of cost:

(1) Direct Labor - Identify the number of hours (by contractor labor category and total) and the total
direct labor hours billed for the period of the invoice.

(2) Subcontracts - Identify the major cost elements for each subcontract.

(3) Other Direct Costs - When the cost for an individual cost (e.g., photocopying, material and

supplies, telephone usage) exceeds $1,000 per the invoice period, provide a detailed explanation for

that cost category.

(4) Indirect Cost Rates - Identify by cost center, the indirect cost rate, the period, and the cost base

to which it is applied.

(5) Contractor Acquired Equipment - Identify by item the quantities, unit prices, and total dollars

billed.

(6) Contractor Acquired Software - Identify by item the quantities, unit prices, and total dollars

billed.

(7) Travel - When travel costs exceed $2,000 per invoice period, identify by trip, the number of

travelers, the duration of travel, the point of origin, destination, purpose of trip, transportation by

unit price, per diem rates on daily basis and total dollars billed. Detailed reporting is not required

for local travel. The manner of breakdown, e.g., task order/delivery order basis with/without

separate program management, contract period will be specified in the contract instructions.

Note to paragraph ()

- Any costs requiring advance consent by the Contracting Officer will be considered improper and

will be disallowed, if claimed prior to receipt of Contracting Officer consent. Include the total cost

claimed for the current and cumulative-to-date periods. After the total amount claimed, provide

summary dollar amounts disallowed on the contract as of the date of the invoice. Also include an

explanation of the changes in cumulative costs disallowed by addressing each adjustment in terms

of: Voucher number, date, dollar amount, source, and reason for the adjustment. Disallowed costs

should be identified in unallowable accounts in the contractor's accounting system.

(k) Adjustment vouchers. Adjustment vouchers should be submitted if finalized indirect rates were

received but the rates are not for the entire period of performance. For example, the base period of

performance is for a calendar year but your indirect rates are by fiscal year. Hence, only part of the

base period can be adjusted for the applicable final indirect rates. These invoices should be

annotated with “adj” after the invoice number.

(l) Final vouchers. Final Vouchers shall be submitted if finalized rates have been received for the

entire period of performance. For example, the base period of performance is for a calendar year but

your indirect rates are by fiscal year. You have received finalized rates for the entire base period

that encompass both fiscal years that cover the base period. In accordance with FAR 52.216-7, these

invoices shall be submitted within 60 days after settlement of final indirect cost rates. They should

be annotated with the word “Final” or “F” after the invoice number. Due to system limitations, the

invoice number cannot be more than 11 characters to include spaces.

(m) Completion vouchers. In accordance with FAR 52.216-7(d)(5), a completion voucher shall be

submitted within 120 days (or longer if approved in writing by the Contracting Officer) after

settlement of the final annual indirect cost rates for all years of a physically complete contract. The

voucher shall reflect the settled amounts and rates. It shall include settled subcontract amounts and

rates. The prime contractor is responsible for settling subcontractor amounts and rates included in

the completion invoice. Since EPA's invoices must be on a period of performance basis, the
contractor shall have a completion invoice for each year of the period of performance. This voucher

must be submitted to the Contracting Officer for review and approval before final payment can be

made on the contract. The Contracting Officer may request an audit of the completion vouchers

before final payment is made. In addition, once approved, the Contracting Officer will request the

appropriate closeout paperwork for the contract. For contracts separately invoiced by delivery or

task order, provide a schedule showing final total costs claimed by delivery or task order and in total

for the contract. In addition to the completion voucher, the contractor must submit the Contractor's

Release; Assignee's Release, if applicable; the Contractor's Assignment of Refunds, Rebates, Credits

and other Amounts; the Assignee's Assignment of Refunds, Rebates, Credits and other Amounts, if

applicable; and the Contractor's Affidavit of Waiver of Lien, when required by the contract.

Alternate I (MAY 2019) As prescribed in 1532.908, substitute the following paragraphs (c)(1) and (2)

for paragraphs (c)(1) and (2) if used in a non-commercial time and materials type contract:

(c)

(1) The Contractor shall prepare a contract level invoice or request for contract financing payment

in accordance with the invoice preparation instructions. If contract work is authorized by individual

task order or delivery order (TO/DO), the invoice or request for contract financing payment shall

also include a summary of the current and cumulative amounts claimed by cost element for each

TO/DO and for the contract total, as well as any supporting data for each TO/DO as identified in the

instructions.

(2) The invoice or request for contract financing payment that employs a fixed rate feature shall

include current and cumulative charges by contract labor category and by other major cost elements

such as travel, equipment, and other direct costs. For current costs, each cost element shall include

the appropriate supporting schedules identified in the invoice preparation instructions.

(End of clause)

1552.232-71--1552.232-73 [Reserved]

1552.232-74 Payments - simplified acquisition procedures

financing.

As prescribed in 1532.003, insert the following clause in solicitations and orders that will provide

simplified acquisition procedures financing.

Payments - Simplified Acquisition Procedures Financing (JUN 2006)

Simplified acquisition procedures financing in the form of ______ [contracting officer insert advance

(prior to performance) and/or interim (according to payment schedule] payment(s)) will be provided

under this commercial item order in accordance with the payment schedule below. If both advance

and interim payments are to be made, the payment schedule shown below will specify the type of

payment provided for each line item.

The Government shall pay the contractor as follows upon the submission of invoices or vouchers

approved by the Contracting Officer's Representative: ________________________ [insert payment

schedule].
1552.232-75 Commercial supplier agreements -

unenforceable clauses.

As prescribed in 1513.507(b) and 1532.1070 insert the following clause:

Commercial Supplier Agreements - Unenforceable Clauses (OCT 2021)

When any supply or service acquired under this contract is subject to a Commercial Supplier

Agreement (CSA, as defined in 48 CFR 1502.100), the following language shall be deemed

incorporated into the CSA. As used herein, “this agreement” means the CSA:

(a) Notwithstanding any other provision of this agreement, when the end user is an agency or

instrumentality of the U.S. Government, the following shall apply:

(1) Applicability. This agreement is part of a contract between the commercial supplier and the U.S.

Government for the acquisition of the supply or service that necessitates a license or other similar

legal instrument (including all contracts, task orders, and delivery orders under FAR Parts 13, 14 or

15).

(2) End user. This agreement shall bind the ordering activity as end user but shall not operate to

bind a Government employee or person acting on behalf of the Government in his or her personal

capacity.

(3) Law and disputes. This agreement is governed by Federal law.

(i) Any language purporting to subject the U.S. Government to the laws of a U.S. state, U.S.

territory, district, or municipality, or foreign nation, except where Federal law expressly provides for

the application of such laws, is hereby deleted.

(ii) Any language requiring dispute resolution in a specific forum or venue that is different from that

prescribed by applicable Federal law is hereby deleted.

(iii) Any language prescribing a different time period for bringing an action than that prescribed by

applicable Federal law in relation to a dispute is hereby deleted.

(4) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or

suspend any rights granted to the Government except as allowed by this contract. If the supplier or

licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights

under the Contract Disputes Act or other applicable Federal statute while continuing performance

as set forth in FAR 52.233-1, Disputes.

(5) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or

relating to this agreement, a binding arbitration shall not be used unless specifically authorized by

agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or

interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g.,

Prompt Payment Act or Equal Access to Justice Act).

(6) Updating terms.

(i) After award, the contractor may unilaterally revise terms if they are not material. A material

change is defined as:
(A) Terms that significantly change Government rights or obligations; and

(B) Terms that increase Government prices;

(C) Terms that decrease overall level of service; or

(D) Terms that limit any other Government right addressed elsewhere in this contract.

(ii) For revisions that will materially change the terms of the contract, the revised commercial

supplier agreement must be incorporated into the contract using a bilateral modification.

(iii) Any agreement terms or conditions unilaterally revised subsequent to award that are

inconsistent with any material term or provision of this contract shall not be enforceable against the

Government, and the Government shall not be deemed to have consented to them.

(7) No automatic renewals. If any license or service tied to periodic payment is provided under this

agreement (e.g., annual software maintenance or annual lease term), such license or service shall

not renew automatically upon expiration of its current term without prior express consent by an

authorized Government representative.

(8) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to

defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice

has the sole right to represent the United States in any such action, in accordance with 28 U.S.C.

516.

(9) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the

end user's compliance with this agreement is hereby amended as follows:

(i) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to

the ordering activity. Any resulting invoice must comply with the proper invoicing requirements

specified in the underlying Government contract or order.

(ii) This charge, if disputed by the ordering activity, will be resolved through the Disputes clause at

FAR 52.233-1; no payment obligation shall arise on the part of the ordering activity until the

conclusion of the dispute process.

(iii) Any audit requested by the contractor will be performed at the contractor's expense, without

reimbursement by the Government.

(10) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks

to pass along to the Government as end user will be governed by the terms of the underlying

Government contract or order and, in any event, must be submitted to the Contracting Officer for a

determination of applicability prior to invoicing unless specifically agreed to otherwise in the

Government contract.

(11) Non-assignment. This agreement may not be assigned, nor may any rights or obligations

thereunder be delegated, without the Government's prior approval, except as expressly permitted

under the clause at FAR 52.232-23, Assignment of Claims.

(12) Confidential information. If this agreement includes a confidentiality clause, such clause is

hereby amended to state that neither the agreement nor the contract price list, as applicable, shall

be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved

consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the
contrary, the Government may retain any confidential information as required by law, regulation or

its internal document retention procedures for legal, regulatory or compliance purposes; provided,

however, that all such retained confidential information will continue to be subject to the

confidentiality obligations of this agreement.

(b) If any language, provision or clause of this agreement conflicts or is inconsistent with the

preceding paragraph (a) of this clause, the language, provisions, or clause of paragraph (a) shall

prevail to the extent of such inconsistency.

(End of clause)

1552.233-70 Notice of filing requirements for agency

protests.

As prescribed in 1533.103, insert the following provision in all types of solicitations:

Notice of Filing Requirements for Agency Protests (JUL 1999)

Agency protests must be filed with the Contracting Officer in accordance with the requirements of

FAR 33.103 (d) and (e). Within 10 calendar days after receipt of an adverse Contracting Officer

decision, the protester may submit a written request for an independent review by the Head of the

Contracting Activity. This independent review is available only as an appeal of a Contracting Officer

decision on a protest. Accordingly, as provided in 4 CFR 21.2(a)(3), any protest to the GAO must be

filed within 10 days of knowledge of the initial adverse Agency action.

1552.235-70 Screening business information for claims of

confidentiality.

As prescribed in 1535.007-70(a), insert the following contract clause in all types of contracts when

the Contracting Officer has determined that during performance of this contract, the Contractor may

be required to collect information to perform the work required under this contract. Some of the

information may consist of trade secrets or commercial or financial information that would be

considered as proprietary or confidential by the business that has the right to the information. The

following clause enables EPA to resolve any claims of confidentiality concerning the information that

the Contractor will furnish under a contract. The clause entitled “Treatment of Confidential Business

Information” shall also be included in the contract:

Screening Business Information for Claims of Confidentiality (APR 1984)

(a) Whenever collecting information under this contract, the Contractor agrees to comply with the

following requirements:

(1) If the Contractor collects information from public sources, such as books, reports, journals,

periodicals, public records, or other sources that are available to the public without restriction, the

Contractor shall submit a list of these sources to the appropriate program office at the time the

information is initially submitted to EPA. The Contractor shall identify the information according to

source.
(2) If the Contractor collects information from a State or local Government or from a Federal agency,

the Contractor shall submit a list of these sources to the appropriate program office at the time the

information is initially submitted to EPA. The Contractor shall identify the information according to

source.

(3) If the Contractor collects information directly from a business or from a source that represents a

business or businesses, such as a trade association:

(i) Before asking for the information, the Contractor shall identify itself, explain that it is performing

contractual work for the U.S. Environmental Protection Agency, identify the information that it is

seeking to collect, explain what will be done with the information, and give the following notice:

(A) You may, if you desire, assert a business confidentiality claim covering part or all of the

information. If you do assert a claim, the information will be disclosed by EPA only to the extent, and

by means of the procedures, set forth in 40 CFR part 2, subpart B.

(B) If no such claim is made at the time this information is received by the Contractor, it may be

made available to the public by the Environmental Protection Agency without further notice to you.

(C) The contractor shall, in accordance with FAR part 9, execute a written agreement regarding the

limitations of the use of this information and forward a copy of the agreement to the Contracting

Officer.

(ii) Upon receiving the information, the Contractor shall make a written notation that the notice set

out above was given to the source, by whom, in what form, and on what date.

(iii) At the time the Contractor initially submits the information to the appropriate program office,

the Contractor shall submit a list of these sources, identify the information according to source, and

indicate whether the source made any confidentiality claim and the nature and extent of the claim.

(b) The Contractor shall keep all information collected from nonpublic sources confidential in

accordance with the clause in this contract entitled “Treatment of Confidential Business

Information” as if it had been furnished to the Contractor by EPA.

(c) The Contractor agrees to obtain the written consent of the Contracting Officer, after a written

determination by the appropriate program office, prior to entering into any subcontract that will

require the subcontractor to collect information. The Contractor agrees to include this clause,

including this paragraph (c), and the clause entitled “Treatment of Confidential Business

Information” in all subcontracts awarded pursuant to this contract that require the subcontractor

collect information.

(End of clause)

1552.235-71 Treatment of confidential business

information.

As prescribed in 1535.007-70(b), insert the following contract clause in all types of contracts when

the Contracting Officer has determined that in the performance of a contract, EPA may furnish

confidential business information to the Contractor that EPA obtained under the Clean Air Act (42

U.S.C. 7401 et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.), the Safe
Drinking Water Act (42 U.S.C. 300f et seq.), the Federal Insecticide, Fungicide, and Rodenticide Act

(7 U.S.C. 136 et seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the

Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), or the Toxic Substances Control

Act (15 U.S.C. 2601 et seq.). EPA regulations on confidentiality of business information in 40 CFR

part 2 subpart B require that the Contractor agree to the clause entitled “Treatment of Confidential

Business Information” before any confidential business information may be furnished to the

Contractor:

Treatment of Confidential Business Information (APR 1984)

(a) The Contracting Officer, after a written determination by the appropriate program office, may

disclose confidential business information to the Contractor necessary to carry out the work

required under this contract. The Contractor agrees to use the confidential information only under

the following conditions:

(1) The Contractor and Contractor's Employees shall:

(i) use the confidential information only for the purposes of carrying out the work required by the

contract; (ii) not disclose the information to anyone other than EPA employees without the prior

written approval of the Assistant General Counsel for Contracts and Information Law; and (iii) return

to the Contracting Officer all copies of the information, and any abstracts or excerpts therefrom,

upon request by the Contracting Officer, whenever the information is no longer required by the

Contractor for the performance of the work required by the contract, or upon completion of the

contract.

(2) The Contractor shall obtain a written agreement to honor the above limitations from each of the

Contractor's employees who will have access to the information before the employee is allowed

access.

(3) The Contractor agrees that these contract conditions concerning the use and disclosure of

confidential information are included for the benefit of, and shall be enforceable by, both EPA and

any affected business having a proprietary interest in the information.

(4) The Contractor shall not use any confidential information supplied by EPA or obtained during

performance hereunder to compete with any business to which the confidential information relates.

(b) The Contractor agrees to obtain the written consent of the Contracting Officer, after a written

determination by the appropriate program office, prior to entering into any subcontract that will

involve the disclosure of confidential business information by the Contractor to the subcontractor.

The Contractor agrees to include this clause, including this paragraph (b), in all subcontracts

awarded, pursuant to this contract, that require the furnishing of confidential business information

to the subcontractor.

(End of clause)

1552.235-72 [Reserved]

1552.235-73 Access to Federal Insecticide, Fungicide, and
Rodenticide Act Confidential Business Information (APR

1996).

As prescribed in 1535.007(a), insert the following provision:

Access to Federal Insecticide, Fungicide, and Rodenticide Act Confidential Business Information

(APR 1996)

In order to perform duties under the contract, the Contractor will need to be authorized for access

to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) confidential business information

(CBI). The Contractor and all of its employees handling CBI while working under the contract will be

required to follow the procedures contained in the security manual entitled “FIFRA Information

Security Manual.” These procedures include applying for FIFRA CBI access authorization for each

individual working under the contract who will have access to FIFRA CBI, execution of

confidentiality agreements, and designation by the Contractor of an individual to serve as a

Document Control Officer. The Contractor will be required to abide by those clauses contained in

EPAAR 1552.235-70, 1552.235- 71, and 1552.235-77 that are appropriate to the activities set forth

in the contract.

Until EPA has approved the Contractor's security plan, the Contractor may not be authorized for

FIFRA CBI access away from EPA facilities.

(End of provision)

1552.235-74 [Reserved]

1552.235-75 Access to Toxic Substances Control Act

Confidential Business Information (APR 1996).

As prescribed in 1535.007(b), insert the following provision:

Access to Toxic Substances Control Act Confidential Business Information (APR 1996)

In order to perform duties under the contract, the Contractor will need to be authorized for access

to Toxic Substances Control Act (TSCA) confidential business information (CBI). The Contractor and

all of its employees handling CBI while working under the contract will be required to follow the

procedures contained in the security manual entitled “TSCA Confidential Business Information

Security Manual.” These procedures include applying for TSCA CBI access authorization for each

individual working under the contract who will have access to TSCA CBI, execution of confidentiality

agreements, and designation by the Contractor of an individual to serve as a Document Control

Officer. The Contractor will be required to abide by those clauses contained in EPAAR 1552.235-70,

1552.235-71, and 1552.235-78 that are appropriate to the activities set forth in the contract.

Until EPA has inspected and approved the Contractor's facilities, the Contractor may not be

authorized for TSCA CBI access away from EPA facilities.

(End of provision)
1552.235-76 Treatment of Confidential Business

Information (APR 1996).

As prescribed in 1535.007-70(c), insert the following clause:

Treatment of Confidential Business Information (TSCA)(APR 1996)

(a) The Project Officer (PO) or his/her designee, after a written determination by the appropriate

program office, may disclose confidential business information (CBI) to the Contractor necessary to

carry out the work required under this contract. The Contractor agrees to use the CBI only under

the following conditions:

(1) The Contractor and Contractor's employees shall

(i) use the CBI only for the purposes of carrying out the work required by the contract; (ii) not

disclose the information to anyone other than properly cleared EPA employees without the prior

written approval of the Assistant General Counsel for Information Law or his/her designee; and (iii)

return the CBI to the PO or his/her designee, whenever the information is no longer required by the

Contractor for performance of the work required by the contract, or upon completion of the

contract.

(2) The Contractor shall obtain a written agreement to honor the above limitations from each of the

Contractor's employees who will have access to the information before the employee is allowed

access.

(3) The Contractor agrees that these contract conditions concerning the use and disclosure of CBI

are included for the benefit of, and shall be enforceable by, both EPA and any affected businesses

having a proprietary interest in the information.

(4) The Contractor shall not use any CBI supplied by EPA or obtained during performance hereunder

to compete with any business to which the CBI relates.

(b) The Contractor agrees to obtain the written consent of the CO, after a written determination by

the appropriate program office, prior to entering into any subcontract that will involve the disclosure

of CBI by the Contractor to the subcontractor. The Contractor agrees to include this clause,

including this paragraph (b), in all subcontracts awarded pursuant to this contract that require the

furnishing of CBI to the subcontractor.

(End of clause)

1552.235-77 Data Security for Federal Insecticide, Fungicide

and Rodenticide Act Confidential Business Information (DEC

1997).

As prescribed in 1535.007-70(d), insert the following clause:

Data Security for Federal Insecticide, Fungicide, and Rodenticide Act Confidential Business

Information (DEC 1997)
The Contractor shall handle Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

confidential business information (CBI) in accordance with the contract clause entitled “Treatment

of Confidential Business Information” and “Screening Business Information for Claims of

Confidentiality,” the provisions set forth below, and the Contractor's approved detailed security

plan.

(a) The Project Officer (PO) or his/her designee, after a written determination by the appropriate

program office, may disclose FIFRA CBI to the contractor necessary to carry out the work required

under this contract. The Contractor shall protect all FIFRA CBI to which it has access (including CBI

used in its computer operations) in accordance with the following requirements:

(1) The Contractor and Contractor's employees shall follow the security procedures set forth in the

FIFRA Information Security Manual. The manual may be obtained from the Project Officer (PO) or

the Chief, Information Services Branch (ISB), Program Management and Support Division, Office of

Pesticide Programs (OPP) (H7502C), U.S. Environmental Protection Agency, 1200 Pennsylvania

Ave., NW., Washington, DC 20460.

(2) The Contractor and Contractor's employees shall follow the security procedures set forth in the

Contractor's security plan(s) approved by EPA.

(3) Prior to receipt of FIFRA CBI by the Contractor, the Contractor shall ensure that all employees

who will be cleared for access to FIFRA CBI have been briefed on the handling, control, and security

requirements set forth in the FIFRA Information Security Manual.

(4) The Contractor Document Control Officer (DCO) shall obtain a signed copy of the FIFRA

“Contractor Employee Confidentiality Agreement” from each of the Contractor's employees who will

have access to the information before the employee is allowed access.

(b) The Contractor agrees that these requirements concerning protection of FIFRA CBI are included

for the benefit of, and shall be enforceable by, both EPA and any affected business having a

proprietary interest in the information.

(c) The Contractor understands that CBI obtained by EPA under FIFRA may not be disclosed except

as authorized by the Act, and that any unauthorized disclosure by the Contractor or the Contractor's

employees may subject the Contractor and the Contractor's employees to the criminal penalties

specified in FIFRA (7 U.S.C. 136h(f)). For purposes of this contract, the only disclosures that EPA

authorizes the Contractor to make are those set forth in the clause entitled “Treatment of

Confidential Business Information.”

(d) The Contractor agrees to include the provisions of this clause, including this paragraph (d), in all

subcontracts awarded pursuant to this contract that require the furnishing of CBI to the

subcontractor.

(e) At the request of EPA or at the end of the contract, the Contractor shall return to the EPA PO or

his/her designee all documents, logs, and magnetic media which contain FIFRA CBI. In addition,

each Contractor employee who has received FIFRA CBI clearance will sign a “Confidentiality

Agreement for Contractor Employees Upon Relinquishing FIFRA CBI Access Authority.” The

Contractor DCO will also forward those agreements to the EPA PO or his/her designee, with a copy

to the CO, at the end of the contract.

(f) If, subsequent to the date of this contract, the Government changes the security requirements,

the CO shall equitably adjust affected provisions of this contract, in accordance with the “Changes”

clause when:
(1) The Contractor submits a timely written request for an equitable adjustment; and

(2) The facts warrant an equitable adjustment.

(End of clause)

1552.235-78 Data Security for Toxic Substances Control Act

Confidential Business Information (DEC 1997).

As prescribed in 1535.007-70(e), insert the following clause:

Data Security for Toxic Substances Control Act Confidential Business Information (DEC 1997)

The Contractor shall handle Toxic Substances Control Act (TSCA) confidential business information

(CBI) in accordance with the contract clause entitled “Treatment of Confidential Business

Information” and “Screening Business Information for Claims of Confidentiality.”

(a) The Project Officer (PO) or his/her designee, after a written determination by the appropriate

program office, may disclose TSCA CBI to the contractor necessary to carry out the work required

under this contract. The Contractor shall protect all TSCA CBI to which it has access (including CBI

used in its computer operations) in accordance with the following requirements:

(1) The Contractor and Contractor's employees shall follow the security procedures set forth in the

TSCA CBI Security Manual. The manual may be obtained from the Director, Information

Management Division (IMD), Office of Pollution Prevention and Toxics (OPPT), U.S. Environmental

Protection Agency (EPA), 1200 Pennsylvania Ave., NW., Washington, DC 20460. Prior to receipt of

TSCA CBI by the Contractor, the Contractor shall ensure that all employees who will be cleared for

access to TSCA CBI have been briefed on the handling, control, and security requirements set forth

in the TSCA CBI Security Manual.

(2) The Contractor shall permit access to and inspection of the Contractor's facilities in use under

this contract by representatives of EPA's Assistant Administrator for Administration and Resources

Management, and the TSCA Security Staff in the OPPT, or by the EPA Project Officer.

(3) The Contractor Document Control Officer (DCO) shall obtain a signed copy of EPA Form 7740-6,

“TSCA CBI Access Request, Agreement, and Approval,” from each of the Contractor's employees

who will have access to the information before the employee is allowed access. In addition, the

Contractor shall obtain from each employee who will be cleared for TSCA CBI access all information

required by EPA or the U.S. Office of Personnel Management for EPA to conduct a Minimum

Background Investigation.

(b) The Contractor agrees that these requirements concerning protection of TSCA CBI are included

for the benefit of, and shall be enforceable by, both EPA and any affected business having a

proprietary interest in the information.

(c) The Contractor understands that CBI obtained by EPA under TSCA may not be disclosed except

as authorized by the Act, and that any unauthorized disclosure by the Contractor or the Contractor's

employees may subject the Contractor and the Contractor's employees to the criminal penalties

specified in TSCA (15 U.S.C. 2613(d)). For purposes of this contract, the only disclosures that EPA

authorizes the Contractor to make are those set forth in the clause entitled “Treatment of
Confidential Business Information.”

(d) The Contractor agrees to include the provisions of this clause, including this paragraph (d), in all

subcontracts awarded pursuant to this contract that require the furnishing of CBI to the

subcontractor.

(e) At the request of EPA or at the end of the contract, the Contractor shall return to the EPA PO or

his/her designee, all documents, logs, and magnetic media which contain TSCA CBI. In addition,

each Contractor employee who has received TSCA CBI clearance will sign EPA Form 7740-18,

“Confidentiality Agreement for Contractor Employees Upon Relinquishing TSCA CBI Access

Authority.” The Contractor DCO will also forward those agreements to the EPA OPPT/IMD, with a

copy to the CO, at the end of the contract.

(f) If, subsequent to the date of this contract, the Government changes the security requirements,

the CO shall equitably adjust affected provisions of this contract, in accordance with the “Changes”

clause, when:

(1) The Contractor submits a timely written request for an equitable adjustment; and,

(2) The facts warrant an equitable adjustment.

(End of clause)

1552.235-79 Release of contractor confidential business

information.

As prescribed in 1535.007-70(f), insert the following clause:

Release of Contractor Confidential Business Information (DEC 2018)

(a) The Environmental Protection Agency (EPA) may find it necessary to release information

submitted by the Contractor either in response to this solicitation or pursuant to the provisions of

this contract, to individuals not employed by EPA. Business information that is ordinarily entitled to

confidential treatment under existing EPA regulations (40 CFR part 2) may be included in the

information released to these individuals. Accordingly, by submission of this proposal or signature

on this contract or other contracts, the Contractor hereby consents to a limited release of its

confidential business information (CBI). An EPA contractor may assert a business confidentiality

claim covering part or all of the information submitted by the contractor in a manner that is

consistent with 40 CFR 2.203(b). If no such CBI claim accompanies the information when it is

received by EPA, it may be made available to the public by EPA without further notice to the EPA

contactor, pursuant to 40 CFR 2.203(a), and will not require the additional measures set forth in this

section.

(b) Possible circumstances where the EPA may release the Contractor's CBI include, but are not

limited to the following:

(1) To EPA contractors and other federal agencies and their contractors tasked with recovery, or

assisting the Agency in the recovery, of Federal funds expended pursuant to the Comprehensive

Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9607, as amended, (CERCLA or

Superfund) and/or Sec. 311(c) of the Clean Water Act (CWA), as amended by the Oil Pollution Act of
1990 (OPA) (33 U.S.C. 1321(c));

(2) To the U.S. Department of Justice (DOJ) and contractors employed by DOJ for use in advising the

EPA and representing the EPA or other federal agencies in procedures for the recovery of Superfund

expenditures and costs and damages to be deposited to the Oil Spill Liability Trust Fund (OSLTF);

(3) To the U.S. Department of the Treasury and contractors employed by that department for use in

collecting costs to be deposited to the Superfund or the OSLTF;

(4) To parties liable, or potentially liable, for costs under CERCLA Sec. 107 (42 U.S.C. 9607), OPA

Sec. 1002 (33 U.S.C. 2702), or CWA Sec. 311 (33 U.S.C. 1321) and their insurers or guarantors

(`Potentially Responsible Parties') for purposes of facilitating collection, settlement or litigation of

claims against such parties;

(5) To EPA contractors who, for purposes of performing the work required under the respective

contracts, require access to information that the Agency obtained under the Clean Air Act (42 U.S.C.

7401 et seq.); the CWA (33 U.S.C.1251 et seq.); the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); the Resource

Conservation and Recovery Act (42 U.S.C. 6901 et seq.); the Toxic Substances Control Act (15 U.S.C.

2601 et seq.); CERCLA (42 U.S.C. 9601 et seq.); or the OPA (33 U.S.C. 2701 et seq.);

(6) To EPA contractors tasked with assisting the Agency in handling and processing information and

documents in the administration of Agency contracts, such as providing both preaward and post

award audit support and specialized technical support to the Agency's technical evaluation panels;

(7) To employees of grantees working at EPA under the Senior Environmental Employment (SEE)

Program;

(8) To Speaker of the House, President of the Senate, or Chairman of a Congressional Committee or

Subcommittee;

(9) To entities such as the United States Government Accountability Office, boards of contract

appeals, and the Courts in the resolution of solicitation or contract protests and disputes;

(10) To EPA contractor employees engaged in information systems analysis, development, operation,

and maintenance, including performing data processing and management functions for the EPA; and

(11) Pursuant to a court order or court-supervised agreement.

(c) The EPA recognizes an obligation to protect the contractor from competitive harm that may

result from the release of such information to a competitor. (See also the clauses in this document

entitled “Screening Business Information for Claims of Confidentiality” and “Treatment of

Confidential Business Information.”) Except where otherwise provided by law, CBI shall be released

under paragraphs (b)(1), (2), (3), (4), (5), (6), (7) or (10) of this clause only pursuant to a

confidentiality agreement.

(d) With respect to EPA contractors, EPAAR § 1552.235-71 will be used as the confidentiality

agreement. With respect to contractors for other federal agencies, EPA will expect these agencies to

enter into similar confidentiality agreements with their contractors. With respect to Potentially

Responsible Parties, such confidentiality agreements may permit further disclosure to other entities

where necessary to further settlement or litigation of claims under CERCLA, the CWA, or the OPA.

Such entities include, but are not limited to, accounting firms and technical experts able to analyze

the information, provided that they also agree to be bound by an appropriate confidentiality
agreement.

(e) This clause does not authorize the EPA to release the Contractor's CBI to the public pursuant to a

request filed under the Freedom of Information Act.

(f) The Contractor agrees to include this clause, including this paragraph (f), in all subcontracts at

all levels awarded pursuant to this contract that require the furnishing of confidential business

information by the subcontractor.

(End of clause)

1552.235-80 Access to confidential business information.

As prescribed in 1535.007-70(g), insert the following clause.

Access to Confidential Business Information (OCT 2000)

It is not anticipated that it will be necessary for the contractor to have access to confidential

business information (CBI) 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)

1552.235-81 Institutional oversight of life sciences dual use

research of concern - Representation.

As prescribed in 1535.007(c), insert the following solicitation provision:

Institutional Oversight of Life Sciences Dual Use Research of Concern - Representation (JUNE 2016)

(a) Definitions. As used in this provision -

Institution means any government agency (Federal, State, tribal, or local), academic institution,

corporation, company, partnership, society, association, firm, sole proprietorship, or other legal

entity conducting research.

Life Sciences research means a systematic investigation designed to develop or contribute to

generalizable knowledge involving living organisms (e.g., microbes, human beings, animals, and

plants) and their products, including all disciplines and methodologies of biology such as

aerobiology, agricultural science, plant science, animal science, bioinformatics, genomics,

proteomics, microbiology, synthetic biology, virology, molecular biology, environmental science,

public health, modeling, engineering of living systems, and all applications of the biological sciences.

The term is meant to encompass the diverse approaches to understanding life at the level of
ecosystems, populations, organisms, organs, tissues, cells, and molecules. Life sciences research

does not include routine product testing, quality control, mapping, collection of general-purpose

statistics, routine monitoring and evaluation of an operational program, observational studies, and

the training of scientific and technical personnel.

(b) Representation. By submission of its offer or quotation, the Offeror represents that if it is:

(1) An institution within the United States that conducts or sponsors life sciences research that

involves one or more of the agents or toxins listed in section 6.2.1 of the “United States Government

Policy for Institutional Oversight of Life Sciences Dual Use Research of Concern” (iDURC Policy),

even if the research is not supported by United States Government funds; or

(2) An institution outside of the United States that receives funds to conduct or sponsor research

that involves one or more of the agents or toxins listed in section 6.2.1 of the iDURC Policy; then the

Offeror will comply with the iDURC Policy.

(c) Resources. Information about dual use research in the life sciences, as well as specific details on

the iDURC Policy can be found on the U.S. Department of Health and Human Services Dual Use

Research of Concern page: http://www.phe.gov/s3/dualuse/Pages/default.aspx.

(End of provision)

1552.235-82 Institutional oversight of life sciences dual use

research of concern.

As prescribed in 1535.007-70(h), insert the following contract clause:

Institutional Oversight Of Life Sciences Dual Use Research Of Concern (JUNE 2016)

(a) Definitions. As used in this clause -

Institution means any government agency (Federal, State, tribal, or local), academic institution,

corporation, company, partnership, society, association, firm, sole proprietorship, or other legal

entity conducting research.

Life Sciences research means a systematic investigation designed to develop or contribute to

generalizable knowledge involving living organisms (e.g., microbes, human beings, animals, and

plants) and their products, including all disciplines and methodologies of biology such as

aerobiology, agricultural science, plant science, animal science, bioinformatics, genomics,

proteomics, microbiology, synthetic biology, virology, molecular biology, environmental science,

public health, modeling, engineering of living systems, and all applications of the biological sciences.

The term is meant to encompass the diverse approaches to understanding life at the level of

ecosystems, populations, organisms, organs, tissues, cells, and molecules. Life sciences research

does not include routine product testing, quality control, mapping, collection of general-purpose

statistics, routine monitoring and evaluation of an operational program, observational studies, and

the training of scientific and technical personnel.

(b) Compliance. The Contractor agrees that it shall comply with the “United States Government

Policy for Institutional Oversight of Life Sciences Dual Use Research of Concern” (iDURC Policy)

during the period of performance of this contract, including all option periods or other extensions, if
the Contractor:

(1) Is an institution within the United States that conducts or sponsors, or begins to conduct or

sponsor life sciences research that involves one or more of the agents or toxins listed in Section

6.2.1 of the iDURC Policy, even if the research is not supported by United States Government funds;

or

(2) Is an institution outside the United States that receives funds through this contract to conduct or

sponsor research that involves one or more of the agents or toxins listed in Section 6.2.1 of the

iDURC Policy.

(c) Resources. Information about dual use research in the life sciences as well as specific details on

the iDURC Policy can be found on the U.S. Department of Health and Human Services Dual Use

Research of Concern page: http://www.phe.gov/s3/dualuse/Pages/default.aspx.

(End of clause)

1552.236-70 Samples and certificates.

As prescribed in 1536.521, insert the following contract clause in construction contracts.

Samples and Certificates (APR 1984)

When required by the specifications or the Contracting Officer, samples, certificates, and test data

shall be submitted after award of the contract, prepaid, in time for proper action by the Contracting

Officer or his/her designated representative. Certificates and test data shall be submitted in

triplicate to show compliance of materials and construction specified in the contract performance

requirements. Samples shall be submitted in duplicate by the Contractor, except as otherwise

specified, to show compliance with the contract requirements. Materials or equipment for which

samples, certifications or test data are required shall not be used in the work until approved in

writing by the Contracting Officer.

(End of clause)

1552.237-70 Contract publication review procedures.

As prescribed in 1537.110, insert the following contract clause when the products of the contract

are subject to contract publication review.

Contract Publication Review Procedures (APR 1984)

(a) Material generated under this contract intended for release to the public is subject to the

Agency's publication review process in accordance with the EPA Order on this subject and the

following.

(b) Except as indicated in paragraph (c) of this contract, the Contractor shall not independently

publish or print material generated under this contract until after completion of the EPA review

process. The Contracting Officer's Representative will notify the Contractor of review completion

within ____ calendar days after the Contractor's transmittal to the Contracting Officer's
Representative of material generated under this contract. If the Contractor does not receive

Contracting Officer's Representative notification within this period, the Contractor shall immediately

notify the Contracting Officer in writing.

(c) The Contractor may publish, in a scientific journal, material resulting directly or indirectly from

work performed under this contract, subject to the following:

(1) The Contractor shall submit to the Contracting Officer and the Contracting Officer's

Representative, at least 30 days prior to publication, a copy of any paper, article, or other

dissemination of information intended for publication.

(2) The Contractor shall include the following statement in a journal article which has not been

subjected to EPA review: “Although the research described in this article has been funded wholly or

in part by the United States Environmental Protection Agency contract (number) to (Name of

Contractor), it has not been subject to the Agency's review and therefore does not necessarily reflect

the views of the Agency, and no official endorsement should be inferred.”

(3) Following publication of the journal article, the Contractor shall submit five copies of the journal

article to the Contracting Officer's Representative, and one copy to the Contracting Officer.

(d) If the Government has completed the review process and agreed that the contract material may

be attributed to EPA, the Contractor shall include the following statement in the document:

This material has been funded wholly or in part by the United States Environmental Protection

Agency under contract (number) to (name). It has been subject to the Agency's review, and it has

been approved for publication as an EPA document. Mention of trade names or commercial products

does not constitute endorsement or recommendation for use.

(e) If the Government has completed the review process, but decides not to publish the material, the

Contractor may independently publish and distribute the material for its own use and its own

expense, and shall include the following statement in any independent publication:

Although the information described in this article has been funded wholly or in part by the United

States Environmental Protection Agency under contract (number) to (name), it does not necessarily

reflect the views of the Agency and no official endorsement should be inferred.

(End of clause)

1552.237-71 Technical direction.

As prescribed in 1537.110, insert a clause substantially the same as the following:

Technical Direction (AUG 2009)

(a) Definitions.

Contracting officer technical representative (COTR), means an individual appointed by the

contracting officer in accordance with Agency procedures to perform specific technical and

administrative functions.

Task order, as used in this clause, means work assignment, delivery order, or any other document
issued by the contracting officer to order work under a service contract.

(b) The Contracting Officer's Representative(s) may provide technical direction on contract or work

request performance. Technical direction includes:

(1) Instruction to the contractor that approves approaches, solutions, designs, or refinements; fills in

details; completes the general descriptions of work shifts emphasis among work areas or tasks; and

(2) Evaluation and acceptance of reports or other deliverables.

(c) Technical direction must be within the scope of work of the contract and any task order there

under. The Contracting Officer's Representative(s) does not have the authority to issue technical

direction which:

(1) Requires additional work outside the scope of the contract or task order;

(2) Constitutes a change as defined in the “Changes” clause;

(3) Causes an increase or decrease in the estimated cost of the contract or task order;

(4) Alters the period of performance of the contract or task order; or

(5) Changes any of the other terms or conditions of the contract or task order.

(d) Technical direction will be issued in writing or confirmed in writing within five (5) days after oral

issuance. The contracting officer will be copied on any technical direction issued by the Contracting

Officer's Representative.

(e) If, in the contractor's opinion, any instruction or direction by the Contracting Officer's

Representative(s) falls within any of the categories defined in paragraph (c) of the clause, the

contractor shall not proceed but shall notify the contracting officer in writing within 3 days after

receiving it and shall request that the contracting officer take appropriate action as described in this

paragraph. Upon receiving this notification, the contracting officer shall:

(1) Advise the contractor in writing as soon as practicable, but no later than 30 days after receipt of

the contractor's notification, that the technical direction is within the scope of the contract effort

and does not constitute a change under the “Changes” clause of the contract;

(2) Advise the contractor within a reasonable time that the government will issue a written

modification to the contract; or

(3) Advise the contractor that the technical direction is outside the scope of the contract and is

thereby rescinded.

(f) A failure of the contractor and contracting officer to agree as to whether the technical direction is

within the scope of the contract, or a failure to agree upon the contract action to be taken with

respect thereto, shall be subject to the provisions of the clause entitled “Disputes” in this contract.

(g) Any action(s) taken by the contractor, in response to any direction given by any person acting on

behalf of the government or any government official other than the contracting officer or the

Contracting Officer's Representative, shall be at the contractor's risk.

(End of clause)
1552.237-72 Key personnel.

As prescribed in 1537.110, insert the following contract clause when it is necessary for contract

performance to identify Contractor key personnel.

Key Personnel (APR 1984)

(a) The Contractor shall assign to this contract the following key personnel:

(b) During the first ninety (90) days of performance, the Contractor shall make no substitutions of

key personnel unless the substitution is necessitated by illness, death, or termination of employment.

The Contractor shall notify the Contracting Officer within 15 calendar days after the occurrence of

any of these events and provide the information required by paragraph (c) of this clause. After the

initial 90-day period, the Contractor shall submit the information required by paragraph (c) to the

Contracting Officer at least 15 days prior to making any permanent substitutions.

(c) The Contractor shall provide a detailed explanation of the circumstances necessitating the

proposed substitutions, complete resumes for the proposed substitutes, and any additional

information requested by the Contracting Officer. Proposed substitutes should have comparable

qualifications to those of the persons being replaced. The Contracting Officer will notify the

Contractor within 15 calendar days after receipt of all required information of the decision on

substitutions. This clause will be modified to reflect any approved changes of key personnel.

(End of clause)

1552.237-73 [Reserved]

1552.237-74 Publicity.

As prescribed in 1537.110, insert the following contract clause in contracts pertaining to the

removal or remedial activities under the Comprehensive Environmental Response, Compensation

and Liability Act (CERCLA) (“Super Fund”) program. The term “on-scene coordinator” may be

substituted with “Contracting Officer's Representative.”

Publicity (APR 1984)
(a) The Contractor agrees to notify and obtain the verbal approval of the on-scene coordinator (or

Contracting Officer's Representative) prior to releasing any information to the news media regarding

the removal or remedial activities being conducted under this contract.

(b) It is also agreed that the Contractor shall acknowledge EPA support whenever the work funded

in whole or in part by this contract is publicized in any news media.

(End of clause)

1552.237-75 Paperwork Reduction Act.

As prescribed in 1537.110, insert this contract clause in any contract requiring the collection of

identical information from ten (10) or more public respondents.

Paperwork Reduction Act (APR 1984)

If it is established at award or subsequently becomes a contractual requirement to collect identical

information from ten (10) or more public respondents, the Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq. applies. In that event, the Contractor shall not take any action to solicit

information from any of the public respondents until notified in writing by the Contracting officer

that the required Office of Management and Budget (OMB) final clearance was received.

(End of clause)

1552.237-76 Government-Contractor Relations.

As prescribed in 1537.110(g), insert the following clause:

Government-Contractor Relations (JUN 1999)

(a) The Government and the Contractor understand and agree that the services to be delivered

under this contract by the contractor to the Government are non-personal services and the parties

recognize and agree that no employer-employee relationship exists or will exist under the contract

between the Government and the Contractor's personnel. It is, therefore, in the best interest of the

Government to afford both parties a full understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are under the supervision, direction, or evaluation of a

Government employee.

(2) Be placed in a position of command, supervision, administration or control over Government

personnel, or over personnel of other Contractors under other EPA contracts, or become a part of

the Government organization.

(3) Be used in administration or supervision of Government procurement activities.

(c) Employee relationship.
(1) The services to be performed under this contract do not require the Contractor or his/her

personnel to exercise personal judgment and discretion on behalf of the Government. Rather the

Contractor's personnel will act and exercise personal judgment and discretion on behalf of the

Contractor.

(2) Rules, regulations, directives, and requirements that are issued by the U.S. Environmental

Protection Agency under its responsibility for good order, administration, and security are applicable

to all personnel who enter the Government installation or who travel on Government transportation.

This is not to be construed or interpreted to establish any degree of Government control that is

inconsistent with a non-personal services contract.

(d) Inapplicability of employee benefits. This contract does not create an employer-employee

relationship. Accordingly, entitlements and benefits applicable to such relationships do not apply.

(1) Payments by the Government under this contract are not subject to Federal income tax

withholdings.

(2) Payments by the Government under this contract are not subject to the Federal Insurance

Contributions Act.

(3) The Contractor is not entitled to unemployment compensation benefits under the Social Security

Act, as amended, by virtue of performance of this contract.

(4) The Contractor is not entitled to workman's compensation benefits by virtue of this contract.

(5) The entire consideration and benefits to the Contractor for performance of this contract is

contained in the provisions for payment under this contract.

(e) Notice. It is the Contractor's, as well as, the Government's responsibility to monitor contract

activities and notify the Contracting Officer if the Contractor believes that the intent of this clause

has been or may be violated.

(1) The Contractor should notify the Contracting Officer in writing promptly, within ________ (to be

negotiated and inserted into the basic contract at contract award) calendar days from the date of

any incident that the Contractor considers to constitute a violation of this clause. The notice should

include the date, nature and circumstance of the conduct, the name, function and activity of each

Government employee or Contractor official or employee involved or knowledgeable about such

conduct, identify any documents or substance of any oral communication involved in the conduct,

and the estimate in time by which the Government must respond to this notice to minimize cost,

delay or disruption of performance.

(2) The Contracting Officer will promptly, within ________ (to be negotiated and inserted into the

basic contract at contract award) calendar days after receipt of notice, respond to the notice in

writing. In responding, the Contracting Officer will either:

(i) Confirm that the conduct is in violation and when necessary direct the mode of further

performance,

(ii) Countermand any communication regarded as a violation,

(iii) Deny that the conduct constitutes a violation and when necessary direct the mode of further

performance; or
(iv) In the event the notice is inadequate to make a decision, advise the Contractor what additional

information is required, and establish the date by which it should be furnished by the Contractor and

the date thereafter by which the Government will respond.

(End of clause)

§ 1552.239-71 Open Source Software.

As prescribed in § 1539.2071, insert the following clause:

Open Source Software (AUG 2020)

(a) Definitions.

“Custom-Developed Code” means code that is first produced in the performance of a federal

contract or is otherwise fully funded by the federal government. It includes code, or segregable

portions of code, for which the government could obtain unlimited rights under Federal Acquisition

Regulation (FAR) Part 27 and relevant agency FAR Supplements. Custom-developed code also

includes code developed by agency employees as part of their official duties. Custom-developed code

may include, but is not limited to, code written for software projects, modules, plugins, scripts,

middleware and Application Programming Interfaces (API); it does not, however, include code that is

truly exploratory or disposable in nature, such as that written by a developer experimenting with a

new language or library.

“Open Source Software (OSS)” means software that can be accessed, used, modified and shared by

anyone. OSS is often distributed under licenses that comply with the definition of “Open Source”

provided by the Open Source Initiative at https://opensource.org/osd or equivalent, and/or that meet

the definition of “Free Software” provided by the Free Software Foundation at:

https://www.gnu.org/philosophy/free-sw.html or equivalent.

“Software” means: (i) Computer programs that comprise a series of instructions, rules, routines or

statements, regardless of the media in which recorded, that allow or cause a computer to perform a

specific operation or series of operations; and (ii) recorded information comprising source code

listings, design details, algorithms, processes, flow charts, formulas and related material that would

enable the computer program to be produced, created or compiled. Software does not include

computer databases or computer software documentation.

“Source Code” means computer commands written in a computer programming language that is

meant to be read by people. Generally, source code is a higher-level representation of computer

commands written by people, but must be assembled, interpreted or compiled before a computer

can execute the code as a program.

(b)

(1) Policy. It is the EPA policy that new custom-developed code be made broadly available for reuse

across the federal government, subject to the exceptions provided in (b)(3). The policy does not

apply retroactively so it does not require existing custom-developed code also be made available for

Government-wide reuse or as OSS. However, making such code available for government-wide reuse

or as OSS, to the extent practicable, is strongly encouraged. The EPA also supports the Office of

Management and Budget's (OMB) Federal Source Code Policy provided in OMB Memorandum
M-16-21, Federal Source Code Policy: Achieving Efficiency, Transparency, and Innovation through

Reusable and Open Source Software, by:

(i) Providing an enterprise code inventory (e.g., code.json file) that lists new and applicable customdeveloped code for, or by, the EPA;

(ii) Indicating whether the code is available for Federal reuse; or

(iii) Indicating if the code is available publicly as OSS.

(2) Exemption: Source code developed for National Security Systems (NSS), as defined in 40 U.S.C.

11103, is exempt from the requirements herein.

(3) Exceptions: Exceptions may be applied in specific instances to exempt EPA from sharing customdeveloped code with other government agencies. Any exceptions used must be approved and

documented by the Chief Information Officer (CIO) or his or her designee for the purposes of

ensuring effective oversight and management of IT resources. For excepted software, EPA must

provide OMB a brief narrative justification for each exception, with redactions as appropriate.

Applicable exceptions are as follows:

(i) The sharing of the source code is restricted by law or regulation, including - but not limited to -

patent or intellectual property law, the Export Asset Regulations, the International Traffic in Arms

Regulation and the federal laws and regulations governing classified information.

(ii) The sharing of the source code would create an identifiable risk to the detriment of national

security, confidentiality of government information or individual privacy.

(iii) The sharing of the source code would create an identifiable risk to the stability, security or

integrity of EPA's systems or personnel.

(iv) The sharing of the source code would create an identifiable risk to EPA mission, programs or

operations.

(v) The CIO believes it is in the national interest to exempt sharing the source code.

(c) The Contractor shall deliver to the Contracting Officer (CO) or Contracting Officer's

Representative (COR) the underlying source code, license file, related files, build instructions,

software user's guides, automated test suites, and other associated documentation as applicable.

(d) In accordance with OMB Memorandum M-16-21 the Government asserts its unlimited rights -

including rights to reproduction, reuse, modification and distribution of the custom source code,

associated documentation, and related files - for reuse across the federal government and as open

source software for the public. These unlimited rights described above attach to all code furnished in

the performance of the contract, unless the parties expressly agree otherwise in the contract.

(e) The Contractor is prohibited from reselling code developed under this contract without express

written consent of the EPA Contracting Officer. The Contractor must provide at least 30 days

advance notice if it intends to resell code developed under this contract.

(f) Technical guidance for EPA's OSS Policy should conform with the “EPA's Open Source Code

Guidance” that will be maintained by the Office of Mission Support (OMS) at

https://developer.epa.gov/guide/open-source-code/ or equivalent.
(g) The Contractor shall identify all deliverables and asserted restrictions as follows:

(1) The Contractor shall use open source license either:

(i) Identified in the contract, or

(ii) developed using one of the following licenses: (a) Creative Commons Zero (CC0); (b) MIT license;

(c) GNU General Public License version 3 (GPL v3); (4) Lesser General Public License 2.1

(LGPL-2.1); (5) Apache 2.0 license; or (6) other open source license subject to Agency approval.

(2) The Contractor shall provide a copy of the proposed commercial license agreement to the

Contracting Officer prior to contracting for commercial data/software.

(3) The Contractor shall identify any data that will be delivered with restrictions.

(4) The Contractor shall deliver the data package as specified by the EPA.

(5) The Contractor shall deliver the source code to the EPA-specified version control repository and

source code management system.

(h) The Contractor shall comply with software and data rights requirements and provide all licenses

for software dependencies as follows:

(1) The Contractor shall ensure all deliverables are appropriately marked with the applicable

restrictive legends.

(2) The EPA is deemed to have received unlimited rights when data or software is delivered by the

Contractor with restrictive markings omitted.

(3) If the delivery is made with restrictive markings that are not authorized by the contract, then the

marking is characterized as “nonconforming.” In accordance with Federal Acquisition Regulation

(FAR) 46.407, Nonconforming supplies or services, the Contractor will be given the chance to

correct or replace the nonconforming supplies within the required delivery schedule. If the

Contractor is unable to deliver conforming supplies, then the EPA is deemed to have received

unlimited rights to the nonconforming supplies.

(i) The Contractor shall include this clause in all subcontracts that include custom-developed code

requirements.

(End of clause)

1552.242-70 Indirect costs.

As prescribed in 1542.705-70, insert the following clause in all cost-reimbursement and noncommercial time and materials type contracts. If ceilings are not being established, enter “not

applicable” in paragraph (c) of the clause.

Indirect Costs (SEP 2017)

(a) In accordance with paragraph (d) of the “Allowable Cost and Payment” clause, the final indirect

cost rates applicable to this contract shall be established between the Contractor and the
appropriate Government representative (EPA, other Government agency, or auditor), as provided by

FAR 42.703-1(a). EPA's procedures require a Contracting Officer determination of indirect cost rates

for its contracts. In those cases where EPA is the cognizant agency (see FAR 42.705-1), the final rate

proposal shall be submitted to the cognizant audit activity and to the following designated

Contracting Officer: U.S. Environmental Protection Agency, Manager, Financial Analysis and

Oversight Service Center, Mail Code 3802R, Policy, Training Oversight Division, 1200 Pennsylvania

Avenue NW., Washington, DC 20460.

Where EPA is not the cognizant agency, the final rate proposal shall be submitted to the above-cited

address, to the cognizant audit agency, and to the designated Contracting Officer of the cognizant

agency. Upon establishment of the final indirect cost rates, the Contractor shall submit an executed

Certificate of Current Cost or Pricing Data (see FAR 15.406-2) applicable to the data furnished in

connection with the final rates to the cognizant audit agency. The final rates shall be contained in a

written understanding between the Contractor and the appropriate Government representative.

Pursuant to the “Allowable Cost and Payment” clause, the allowable indirect costs under this

contract shall be obtained by applying the final agreed upon rate(s) to the appropriate bases.

(b) Until final annual indirect cost rates are established for any period, the Government shall

reimburse the contractor at billing rates established by the appropriate Government representative

in accordance with FAR 42.704, subject to adjustment when the final rates are established. The

established billing rates are currently as follows:

Cost center Period Rate Base

These billing rates may be prospectively or retroactively revised by mutual agreement, at the

request of either the Government or the Contractor, to prevent substantial overpayment or

underpayment.

(c) Notwithstanding the provisions of paragraphs (a) and (b) of this clause, ceilings are hereby

established on indirect costs reimbursable under this contract. The Government shall not be

obligated to pay the Contractor any additional amount on account of indirect costs in excess of the

ceiling rates listed below:

Cost center Period Rate Base

(End of clause)
1552.242-72 Financial administrative contracting officer.

As prescribed in 1542.705 (b), insert the following clause:

Financial Administrative Contracting Officer (OCT 2000)

(a) A Financial Administrative Contracting Officer (FACO) is responsible for performing certain postaward 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)

1552.245-70 Government property.

As prescribed in 1545.107(a), insert a clause substantially the same as follows:

Government Property (SEP 2009)

(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 prior written approval from the

Contracting Officer. If the Contracting Officer authorizes the contractor to acquire and/or fabricate

equipment for use in the performance of this contract, the equipment shall be subject to the

provisions of the “Government Property” clause and listed on the contract via contract modification.

(b) If the Government provides 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.

The “EPA Contract Property Administration Requirements” provided below apply to this contract.

U.S. Environmental Protection Agency

Contract Property Administration Requirements

1. Purpose. This document sets forth the requirements for the U.S. Environmental Protection Agency

(EPA) contractors performing Government property management responsibilities under EPA

contracts. These requirements supplement those contained in the Government Property clause(s)

and Part 45 Government Property of the Federal Acquisition Regulation (FAR).

2. Contract Property Administration (CPAR)

a. EPA Delegation. EPA delegates all contract property administration to the EPA Contract Property

Coordinator (CPC). The delegations apply to all EPA contracts issued with or that have the potential

to receive, purchase or acquire Government Property or include the Government Property clauses.

In addition to administering all contract property, the CPC provides technical expertise and

assistance to the Contracting Officer (CO) and Contracting Officer Technical Representative (COTR)

relative to Government Property.

b. DCMA Re-delegation. The CPC may request support for contract property management oversight,

including property administration and plant clearance, from the Defense Contract Management

Agency (DCMA). If DCMA agrees to provide support, DCMA will notify the contractor of the assigned

property administrator (PA) and plant clearance officer (PLCO). The DCMA PA is available to the

contractor for assistance in all matters of property administration. Notwithstanding the delegation,

as necessary, the contractor may contact the EPA CO. In the event of a disagreement between the

contractor and the DCMA 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 DCMA PA, relative to Government property,

should be forwarded to the administrative CO assigned to this contract and the CPC.

c. Disagreements. Notwithstanding the delegation(s), as necessary, the contractor may contact the

CO. In the event of a disagreement between the contractor and the PA or the CPC the contractor
should seek resolution from the CO.

3. Requests for Government Property.

In accordance with FAR 45.102, the contractor shall furnish all property required for performing

Government contracts. If a contractor believes that Government property is 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:

a. Contract number for which the property is required.

b. An item(s) description, quantity and estimated cost.

c. Certification that no like contractor property exists which could be utilized.

d. A detailed description of the task-related purpose of the property.

e. Explanation of negative impact if property is not provided by the Government.

f. Lease versus purchase analysis shall be furnished with the request to acquire property on behalf

of the Government, with the exception of requests for material purchases. The contractor may not

proceed with acquisition of property on behalf of the Government until receipt of written

authorization from the Contracting Officer.

4. Transfer of Government Property. The Contracting Officer initiates the transfer of the government

property via a contract modification. The transferor (EPA or another contractor) shall provide to the

transferee, the receiving contractor, the information needed to establish and maintain the property

records required of FAR 52.245-1, as well as all of the applicable data elements required by

Attachment 1 of this clause. The transferee, the receiving contractor, should perform a complete

inventory of the property before signing the acceptance document for the property. Accountability

will transfer to the receiving contractor upon receipt and acceptance of the property, in accordance

with FAR 45.106.

5. Records of Government Property.

a. In accordance with FAR 52.245-1, the contractor shall create and maintain records of all

Government property, regardless of value, including property provided to and in the possession of a

subcontractor. Material provided by the Government or acquired by the contractor and billed as a

direct charge to the contract is Government property and records must be established as such.

b. The Contractor shall identify all Superfund property and designate it as such both on the item and

on the 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.

c. 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.

d. 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 designated CPC and

the Fleet Manager.
e. When Government property is disclosed to be in the management and/or control of the contractor

but not provided under any contract, the contractor shall record and report the property in

accordance with FAR 52.245-1.

6. Inventories of Government Property. The contractor shall conduct a complete physical inventory

of EPA property at least once per year. The contractor shall report the results of the inventory,

including any discrepancies, to the CO. Reconciliation of discrepancies shall be completed in

accordance with the schedule negotiated with the CO. See section 10 herein, Contract Closeout, for

information on final inventories.

7. Reports of Government Property. EPA requires an annual summary report, for each contract, by

contract number, of Government property in the contractor's possession. The annual summary is due

as of September 30th of each year, and upon contract termination or expiration.

a. For each classification listed on the EPA Property Report form, with the exception of 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 Plant Equipment, Superfund and Special Test Equipment 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 by the CPC by October 5th of each year.

f. Distribution shall be as follows:

Original to: CPC

One copy: CO

g. Contractors are required to comply with GSA and DOE 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 CPC.

8. Disposition of Government Property. The disposition process is composed of three distinct phases:

identification, reporting, and final disposition.

a. Identification. The disposition process begins with the contractor identifying Government property

that is no longer required for contract performance. Effective contract property management

systems provide for identification of excess as it occurs. Once Government property has been
determined to be excess to the accountable contract, 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 via contract modifications to other contracts

only when the COs on both the current contract and the receiving contract authorize the transfer.

b. Reporting.

(i) EPA. Government property shall be reported in accordance with FAR 52.245-1. The Standard

Form, SF 1428, Inventory Disposal Schedule, provides the format for reporting excess Government

property. Instructions for completing and when to use the form may be found at FAR 52.245-1(j).

Forward the completed SF 1428 to the CPC. The SF 1428 is available at

http://www.arnet.gov/far/current/html/FormsStandard54.html. Superfund property must contain a

Superfund notification and the following language must be displayed on the form: “Note to CO:

Reimbursement to the EPA Superfund is required.”

(ii) DCMA. If the EPA contract has been re-delegated to DCMA, the excess items will be entered into

the Plant Clearance Automated Reutilization Screening System (PCARSS). Access and information

pertaining to this system may be addressed to the DCMA Plant Clearance Officer (PLCO).

c. Disposition Instructions.

(i) Retention. When Government property is identified as excess, the CO may direct the contractor in

writing to retain all or part of the excess Government Property under the current contract for

possible future requirements.

(ii) Return to EPA. When Government property is identified as excess, the CO may direct the

contractor in writing to return those items to EPA inventory. The contractor shall ship/deliver the

property in accordance with the instructions provided by the CO.

(iii) Transfer. When Government property is identified as excess, the CO may direct the contractor in

writing to transfer the property to another EPA contractor. The contractor shall transfer the

property by shipping it in accordance with the instructions provided by the CO. 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.

(iv) Sale. If GSA or the DCMA PLCO conducts a sale of the excess Government property, the

contractor shall allow prospective bidders access to property offered for sale.

(v) Abandonment. Abandoned property must be disposed of in a manner that does not endanger the

health and safety of the public. If the contract is delegated to DCMA and the contractor has input

EPA property into the PCARSS system, the EPA Property Utilization Officer (PUO) shall notify the

CO. The CO shall notify the contractor in writing of those items EPA would like to retain, have

returned or transferred to another EPA contractor. The contractor shall notify the DCMA PLCO and

request withdrawal of those items from the inventory schedule. The contractor shall update the

Government property record to indicate the disposition of the item and to close the record. The

contractor shall also obtain either a signed receipt or proof of shipment from the recipient. The

contractor shall notify the CO when all actions pertaining to disposition have been completed. The

contractor shall complete an EPA Property report with changes, to include supporting

documentation of completed disposition actions and submit it to the CPC.

9. Decontamination. In addition to the requirements of the “Government Property” clause and prior

to performing disposition of any EPA Government Property, the contractor shall certify in writing

that the property is free from contamination by any hazardous or toxic substances.
10. 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

CO. If the contract is delegated to DCMA, the physical inventory report will be submitted to the EPA

CO and a copy submitted to the DCMA 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 and if delegated, a

copy to the DCMA PA. In order to expedite the disposal process, contractors may be required to, or

may elect to submit to the CPC, 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 CO, and, if delegated, the DCMA PA, in writing,

when all work has been completed under the contract and all Government property accountable to

the contract has been disposed. The contractor shall complete a FINAL EPA Property report with all

supporting documentation to the CPC.

Attachment 1

Required Data Element - In addition to the requirements of FAR 52.245-1(f)(vi), Reports of

Government Property, the contractor is required to maintain, and report the following data elements

for EPA Government property (all elements are not applicable to material): Name and address of the

administrative Contracting Officer; Name of the contractor representative; Business type; Name and

address of the contract property coordinator; Superfund (Yes/No); No. of Subcontractor/Alternate

Locations.

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)

1552.245-71 Government-furnished data.

As prescribed in 1545.107(b), insert the following contract clause in any contract that the

Government is to furnish the Contractor data. Identify in the clause the data to be provided.

Government-Furnished Data (SEP 2009)

(a) The Government shall deliver to the Contractor the Government-furnished data described in the

contract. If the data, suitable for its intended use, is not delivered to the Contractor, the Contracting

Officer shall equitably adjust affected provisions of this contract in accordance with the “Changes”

clause when:

(1) The Contractor submits a timely written request for an equitable adjustment; and

(2) The facts warrant an equitable adjustment.

(b) Title to Government-furnished data shall remain in the Government.
(c) The Contractor shall use the Government-furnished data only in connection with this contract.

(d) The following data will be furnished to the Contractor on or about the time indicated:

(End of clause)