1535.007-70 Contract clauses.

The following clauses are prescribed for research and development (R&D) contracts. They may also

be used in other than R&D contracts when applicable (see 1537.110).

(a) The Contracting Officer shall insert the contract clause at 1552.235-70, Screening Business

Information for Claims of Confidentiality, in contracts when the Contracting Officer has determined

that during performance of this contract, the Contractor may be required to collect information to

perform the work required under this contract. Some of the information may consist of trade secrets

or commercial or financial information that would be considered as proprietary or confidential by

the business that has the right to the information.

(b) The Contracting Officer shall insert the clause at 48 CFR 1552.235-71, Treatment of Confidential

Business Information, in solicitations and contracts when the Contracting Officer has determined

that in the performance of the contract, EPA may furnish confidential business information to the

contractor obtained from third parties under the Clean Air Act (42 U.S.C. 7401 et seq.), the Federal

Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et

seq.), the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the Resource Conservation

and Recovery Act (42 U.S.C. 301 et seq.), the Federal Insecticide, Fungicide and Rodenticide Act (7

U.S.C. 136 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act

(42 U.S.C. 9601 et seq.), and the provision at 48 CFR 1552.235-70, Release of Contractor

Confidential Business Information. EPA regulations on confidentiality of business information in 40

CFR part 2, subpart B require that the contractor agree to the clause entitled “Treatment of

Confidential Business Information” before any confidential business information may be furnished to

the contractor.

(c) The Contracting Officer shall insert the clause at 48 CFR 1552.235-76, Treatment of Confidential

Business Information (TSCA), in solicitations and contracts when the Contracting Officer has

determined that in the performance of the contract, EPA may furnish the contractor with

confidential business information obtained from third parties under the Toxic Substances Control

Act (15 U.S.C. 2601 et seq.). EPA regulations on confidentiality of business information in 40 CFR

part 2, subpart B require that the contractor agree to the clause entitled “Treatment of Confidential

Business Information” before any confidential business information may be furnished to the

contractor.

(d) The Contracting Officer shall insert the clause at 48 CFR 1552.235-77, Data Security for Federal

Insecticide, Fungicide, and Rodenticide Act, Confidential Business Information, when the contract

involves access to confidential business information related to the Federal Insecticide, Fungicide,

and Rodenticide Act, and the Treatment of Confidential Business Information clause (48 CFR

1552.235-71) and the Screening Business Information for Claims of Confidentiality clause (48 CFR

1552.235-70) are included.

(e) The Contracting Officer shall insert the clause at 48 CFR 1552.235-78, Data Security for Toxic

Substances Control Act Confidential Business Information, when the contract involves access to

confidential business information related to the Toxic Substances Control Act, and the Treatment of

Confidential Business Information clause (48 CFR 1552.235-76) and Screening Business Information

for Claims of Confidentiality clause (48 CFR 1552.235-70) are included.

(f) Contracting Officers shall insert the clause 48 CFR 1552.235-79, Release of Contractor

Confidential Business Information, in all solicitations and contracts in order to authorize the Agency
to release confidential business information under certain circumstances.

(g) Contracting officers shall insert the clause at 1552.235-80, Access to Confidential Business

Information (CBI), in all types of contracts when it is possible that it will be necessary for the

contractor to have access to CBI during the performance of tasks required under the contract.

(h) Contracting officers shall insert 48 CFR 1552.235-82 - “Institutional Oversight of Life Sciences

Dual Use Research of Concern” into all solicitations containing 48 CFR 1552.235-81 and in existing

contracts that are bilaterally modified at the request of an EPA funding/requesting office in

accordance with EPA Order 1000.19.

Parent topic: PART 1535 - RESEARCH AND DEVELOPMENT CONTRACTING