1509.507-2 Contract clause.

(a) The Contracting Officer shall include the clause at 1552.209-71, in all Superfund contracts in

excess of the simplified acquisition threshold and, as appropriate, in simplified acquisitions for

Superfund work. Contracts for other than Superfund work shall include Alternate I in this clause in

lieu of paragraph (e).

(b) The Contracting Officer shall include the clause at 1552.209-73, in all solicitations and contracts

for Superfund work in excess of the simplified acquisition threshold and, as appropriate, in

simplified acquisitions for Superfund work. Contracts for other than Superfund work shall include

Alternate I in this clause in lieu of paragraph (d).

(c) The Contracting Officer shall include the clause at 1552.209-74 or its alternates in the following

solicitations and contracts for Superfund work in excess of the simplified acquisition threshold and,

as appropriate, in simplified acquisitions procedures for Superfund work. The Contracting Officer

shall include the clause at 1552.209-74 in all Response Action Contract (RAC) solicitations and

contracts, except Site Specific solicitations and contracts. The term “RAC” in the Limitation of

Future Contracting clauses includes not only RAC solicitations and contracts but other long term

response action solicitations and contracts that provide professional architect/engineer, technical,

and management services to EPA to support remedial response, enforcement oversight and non-time

critical removal activities under the Comprehensive Environmental Response Compensation and

Liability Act of 1980, as amended by the Superfund Amendments Reauthorization Act of 1986; and

the Robert T. Stafford Natural Disaster Act pursuant to the Federal Response Plan and other laws to

help address and/or mitigate endangerment to the public health, welfare or environment during

emergencies and natural disasters, and to support States and communities in preparing for the

responses to releases of hazardous substances.

(1) Alternate I shall be used in all Emergency and Rapid Response Services (ERRS) solicitations and

contracts, except site specific solicitations and contracts. The term “ERRS” in the Limitation of

Future Contracting clauses includes not only ERRS solicitations and contracts but other emergency

response type solicitations and contracts that provide fast responsive environmental cleanup

services for hazardous substances/wastes/contaminants/material and petroleum products/oil.

Environmental cleanup response to natural disasters and terrorist activities may also be required.

ERRS pilot scale studies are included in the term “treatability studies.”

(2) Alternate II shall be used in all Superfund Technical Assistance and Removal Team (START)

solicitations and contracts. The term “START” in the Limitation of Future Contracting clauses

include not only START solicitations and contracts but other site removal and technical support

solicitations and contracts that include activities related to technical analyses in determining the

nature and extent of contamination at a site and making recommendations regarding response

technologies.

(3) Alternate III shall be used in all Environmental Services Assistance Team (ESAT) solicitations and

contracts.

(4) Alternate IV shall be used in all Enforcement Support Services (ESS) solicitations and contracts.

The term “ESS” in the Limitation of Future Contracting clauses not only includes ESS solicitation

and contracts but other enforcement support type solicitations and contracts that involve removal

actions, mandatory notices to Potentially Responsible Parties (PRPs), penalty assessments, public

comment periods, negotiations with PRPs, and statutes of limitations for pursuing cost recovery. The
enforcement support services required under the contract may be conducted to support EPA

enforcement actions under any environmental statute.

(5) Alternate V shall be used in all Superfund Headquarters Support solicitations and contracts. The

Contracting Officer is authorized to modify paragraph (c) of Alternate V to reflect any unique

limitations applicable to the program requirements.

(6) Alternate VI shall be used in all Site Specific solicitations and contracts.

(d) The Contracting Officer shall insert the clause at 1552.209-75 in Superfund solicitations and

contracts in excess of the simplified acquisition threshold, where the solicitation or contract does not

include (EPAAR) 48 CFR 1552.211-74, Work Assignments, Alternate I, or a similar clause requiring

conflict of interest certifications during contract performance. This clause requires an annual

conflict of interest certification from contractors when the contract does not require the submission

of other conflict of interest certifications during contract performance. Contracts requiring annual

certifications include: Site Specific contracts, the Contract Laboratory Program (CLP), and the

Sample Management Office (SMO) contracts. The annual certification requires a contractor to

certify that all organizational conflicts of interest have been reported, and that its personnel

performing work under EPA contracts or relating to EPA contracts have been informed of their

obligation to report personal and organizational conflicts of interest to the Contractor. The annual

certification shall cover the one-year period from the date of contract award for the initial

certification, and a one-year period starting from the previous certification for subsequent

certifications. The certification must be received by the Contracting Officer no later than 45 days

after the close of the certification period covered.

Parent topic: Subpart 1509.5 - Organizational Conflicts of Interests