46418 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 

(c) Bidders/offerors and Contracting 

Officers are encouraged to use alternative 

dispute resolution (ADR) procedures to 

resolve protests at any stage in the protest 

process. If ADR is used, the Department of 

Veterans Affairs will not furnish any 

documentation in an ADR proceeding 

beyond what is allowed by the Federal 

Acquisition Regulation. 

(End of provision) 

■ 6. Section 852.233–71 is revised to 

read as follows: 

852.233–71 Alternate Protest Procedure. 

As prescribed in 833.106–70(b), insert 

the following provision: 

ALTERNATE PROTEST PROCEDURE (SEP 

2018) 

(a) As an alternative to filing a protest with 

the Contracting Officer, an interested party 

may file a protest by mail or electronically 

with: Executive Director, Office of 

Acquisition and Logistics, Risk Management 

and Compliance Service (003A2C), 

Department of Veterans Affairs, 810 Vermont 

Avenue NW, Washington, DC 20420 or 

Email: EDProtests@va.gov. 

(b) The protest will not be considered if the 

interested party has a protest on the same or 

similar issue(s) pending with the Contracting 

Officer. 

(End of provision) 

PART 871—LOAN GUARANTY AND 

VOCATIONAL REHABILITATION AND 

EMPLOYMENT PROGRAMS 

■ 7. The authority citation for part 871 

is revised to read as follows: 

Authority: 38 U.S.C. Chapter 31; 40 U.S.C. 

121(c); 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; 

and 48 CFR 1.301–1.304. 

Subpart 871.2—Vocational 

Rehabilitation and Employment 

Service 

■ 8. Amend section 871.201–1 by 

revising the introductory text and 

paragraph (b) to read as follows: 

871.201–1 Requirements for the use of 

contracts. 

The costs for tuition, fees, books, 

supplies, and other expenses are 

allowable under a contract with an 

institution, training establishment, or 

employer for the training and 

rehabilitation of eligible Veterans under 

38 U.S.C. chapter 31, provided the 

services meet the conditions in the 

following definitions: 

* * * * * 

(b) Special services or special courses. 

Special services or courses are those 

services or courses that VA requests that 

are supplementary to those the 

institution customarily provides for 

similarly circumstanced non-Veteran 

students and that the contracting officer 

considers to be necessary for the 

rehabilitation of the trainee. 

[FR Doc. 2018–18985 Filed 9–12–18; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1506 and 1552 

[EPA–HQ–OARM–2017–0281; FRL–9974– 

44–OARM] 

Acquisition Regulation: Update to 

Clauses Pertaining to Release of 

Contractor Confidential Business 

Information, Submission of Invoices, 

and the ‘‘Authorized or Required by 

Statute’’ Exception for Other Than Full 

and Open Competition 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to amend the EPA Acquisition 

Regulation (EPAAR). The clause 

pertaining to ‘‘Release of Contractor 

Confidential Business’’ is updated to 

incorporate the existing class deviation 

and make a minor addition. The 

‘‘Submission of Invoices’’ clause is 

revised to incorporate the existing class 

deviation and updated with minor 

administrative edits. The clause 

‘‘Authorized or Required by Statute’’ is 

clarified regarding the applicability of 

written justification requirements for 

the exception for other than full and 

open competition. 

DATES: This final rule is effective on 

December 12, 2018 without further 

notice, unless EPA receives adverse 

comment by October 15, 2018. If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2017–0281, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Holly Hubbell, Policy, Training, and 

Oversight Division, Acquisition Policy 

and Training Service Center (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460; telephone number: 202–564– 

1091; email address: hubbell.holly@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

This direct final rule makes changes 

to the EPAAR, Federal Acquisition 

Regulation (FAR), 48 CFR parts 1506 

and 1552. This rule includes the 

following content changes: (1) Under 

EPAAR § 1506.302–5(b)(1), adds 

clarifying language that the Contracting 

Officer need not provide any written 

justification under FAR 8.405–6 or 

13.501 for use of other than full and 

open competition when acquiring 

expert services under the authority of 

section 109(e) of the Superfund 

Amendments and Reauthorization Act 

of 1986 (SARA); (2) revises EPAAR 

§ 1552.232–70 to add information on 

circumstances that may require 

obtaining subcontractor costs, makes 

minor administrative changes, and 

incorporates invoice preparation 

instructions; and (3) revises EPAAR 

§ 1552.235–79 to expand the possible 

circumstances where the EPA may 

release the Contractor’s CBI. 

II. General Information 

A. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment. If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. Any 

parties interested in commenting must 

do so at this time. 

B. Does this action apply to me? 

EPAAR §§ 1552.232–70 and 

1552.235–79 apply to contractors who 

hold a cost-reimbursable contract with 

EPA. EPAAR § 1506.302–5 applies to 


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EPA contracting personnel providing for 

and imposing responsibilities when 

contracting under other than full and 

open competition. 

C. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

• Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

• Follow directions—The agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

• Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

• Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

• If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

• Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

• Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

III. Background 

EPAAR § 1552.235–79—Release of 

Contractor Confidential Business 

Information, was promulgated in the 

Federal Register (61 FR 14267, April 1, 

1996). A Determination and Findings 

(D&F) found that changes were required 

to this EPAAR section because complete 

cost information was vital to the 

Government’s ability to recover federal 

funds expended for oil spill responses 

from the parties responsible for these 

spills. Consequently, a Class Deviation, 

signed on March 22, 2001 by Judy S. 

Davis, Acting Director, Office of 

Acquisition Management to this EPAAR 

section, was developed to allow EPA to 

release cost information from the 

Emergency and Rapid Response 

Services (ERRS) and Superfund 

Technical Assessment and Response 

Team (START) contracts to federal 

agencies and other parties involved in 

oil spill cost recovery efforts. The rule 

incorporates the Class Deviation for 

EPAAR § 1552.235–79 into the EPAAR 

and makes other minor administrative 

updates. 

EPAAR § 1552.232–70, Submission of 

Invoices, was promulgated in the 

Federal Register (61 FR 29317, June 10, 

1996). The Class Deviation is also dated 

June 1996 and adds in Invoice 

Preparation Instructions for SF–1034. 

The rule incorporates the Class 

Deviation for EPAAR § 1552.232–70 into 

the EPAAR and makes other minor 

administrative updates. 

EPAAR § 1506.302–5, Authorized or 

Required by Statute, was promulgated 

in the Federal Register (53 FR 31872, 

Aug. 22, 1988). This current action 

clarifies the applicability of the 

requirement for written justification for 

the use of other than full and open 

competitive procedures when acquiring 

expert services under the authority of 

section 109(e) of Superfund 

Amendments and Reauthorization Act 

of 1986 (SARA). The FAR was amended 

on January 2, 1997, to include FAR 

13.501 sole source justification 

requirements for simplified acquisitions 

under part 13, and again on June 18, 

2004, to include FAR 8.405–6 limited 

source justification (LSJ) requirements 

for Federal Supply Service acquisitions 

under part 8. EPA never amended 

EPAAR § 1506.302–5 to account for the 

LSJ and sole source requirements of 

those FAR sections. 

IV. Statutory and Executive Orders 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and therefore, 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. No 

information is collected under this 

action. 

C. Regulatory Flexibility Act (RFA), as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (SBREFA), 5 U.S.C. 601 et seq. 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute; unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. For purposes of assessing 

the impact of this rule on small entities, 

‘‘small entity’’ is defined as: (1) A small 

business that meets the definition of a 

small business found in the Small 

Business Act and codified at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; or (3) a small organization 

that is any not-for-profit enterprise 

which is independently owned and 

operated and is not dominant in its 

field. After considering the economic 

impacts of this rule on small entities, I 

certify that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

This action revises a current EPAAR 

provision and does not impose 

requirements involving capital 

investment, implementing procedures, 

or record keeping. This rule will not 

have a significant economic impact on 

small entities. 

D. Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, Local, 

and Tribal governments and the private 

sector. This rule contains no Federal 

mandates (under the regulatory 

provisions of the Title II of the UMRA) 

for State, Local, and Tribal governments 

or the private sector. The rule imposes 

no enforceable duty on any State, Local 

or Tribal governments or the private 

sector. Thus, the rule is not subject to 

the requirements of sections 202 and 

205 of the UMRA. 

E. Executive Order 13132: Federalism 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 


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46420 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 

accountable process to ensure 

‘‘meaningful and timely input by State 

and Local officials in the development 

of regulatory policies that have 

federalism implications.’’ ‘‘Policies that 

have federalism implications’’ is 

defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government.’’ This rule does 

not have federalism implications. It will 

not have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government as specified in 

Executive Order 13132. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This rule does not have 

tribal implications as specified in 

Executive Order 13175. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045, entitled 

‘‘Protection of Children from 

Environmental Health and Safety Risks’’ 

(62 FR 19885, April 23, 1997), applies 

to any rule that: (1) Is determined to be 

economically significant as defined 

under Executive Order 12886, and (2) 

concerns an environmental health or 

safety risk that may have a 

proportionate effect on children. This 

rule is not subject to Executive Order 

13045 because it is not an economically 

significant rule as defined by Executive 

Order 12866, and because it does not 

involve decisions on environmental 

health or safety risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This final rule is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use’’ (66 FR 28335, May 

22, 2001), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act of 1995 (NTTAA) 

Section 12(d) (15 U.S.C. 272 note) of 

NTTA, Public Law 104–113, directs 

EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. This 

final rulemaking does not involve 

technical standards. Therefore, EPA is 

not considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this final 

rulemaking will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This rulemaking does 

not involve human health or 

environmental effects. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 804 

exempts from section 801 the following 

types of rules (1) rules of particular 

applicability; (2) rules relating to agency 

management or personnel; and (3) rules 

of agency organization, procedure, or 

practice that do not substantially affect 

the rights or obligations of non-agency 

parties. 5 U.S.C. 804(3). EPA is not 

required to submit a rule report 

regarding this action under section 801 

because this is a rule of agency 

organization, procedure, or practice that 

does not substantially affect the rights or 

obligations of non-agency parties. 

List of Subjects in 48 CFR Parts 1506 

and 1552 

Environmental protection, 

Government procurement, Reporting 

and recordkeeping requirements. 

Dated: August 21, 2018. 

Kimberly Patrick, 

Director, Office of Acquisition Management. 

For the reasons stated in the 

preamble, 48 CFR parts 1506 and 1552 

are amended as set forth below: 

PART 1506—COMPETITION 

REQUIREMENTS 

■ 1. The authority citation for part 1506 

continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390, as 

amended, 40 U.S.C. 486(c). 

■ 2. Amend section 1506.302–5 by 

revising paragraph (b)(1) to read as 

follows: 

1506.302–5 Authorized or required by 

statute. 

* * * * * 

(b) Application. (1) The contracting 

officer may use other than full and open 

competition to acquire the services of 

experts for use in preparing or 

prosecuting a civil or criminal action 

under SARA whether or not the expert 

is expected to testify at trial. The 

contracting officer need not provide any 

written justification (e.g., under FAR 

6.303, 8.405–6, or 13.501) for the use of 

other than full and open competitive 

procedures when acquiring expert 

services under the authority of section 

109(e) of SARA. The contracting officer 

shall document the official contract file 

when using this authority. 

* * * * * 

PART 1552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 1552 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 41 U.S.C. 418b 

■ 4. Revise section 1552.232–70 to read 

as follows: 

1552.232–70 Submission of invoices. 

As prescribed in 1532.908, insert the 

following clause: 


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Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 46421 

Submission of Invoices (DEC 2018) 

In order to be considered properly 

submitted, an invoice or request for contract 

financing payment must meet the following 

contract requirements in addition to the 

requirements of FAR 32.905: 

(a) Unless otherwise specified in the 

contract, an invoice or request for contract 

financing payment shall be submitted to the 

following offices/individuals designated in 

the contract: one copy to the RTP Finance 

Center shown in Block 12 on the cover of the 

contract; one copy to the Contracting 

Officer’s Representative (the Contracting 

Officer’s Representative may direct a copy to 

a separate address); and one copy to the 

Contracting Officer. 

(b) The Contractor shall prepare its invoice 

or request for contract financing payment on 

the prescribed Government forms. Standard 

Form 1034, Public Voucher for Purchases 

and Services other than Personal, shall be 

used by contractors to show the amount 

claimed for reimbursement. Standard Form 

1035, Public Voucher for Purchases and 

Services other than Personal—Continuation 

Sheet, shall be used to furnish the necessary 

supporting detail or additional information 

required by the Contracting Officer. The 

Contractor may submit self-designed forms 

which contain the required information. 

(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 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)(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) 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)(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. When 

an original voucher was submitted, but not 

paid in full because of suspended costs, 

resubmission vouchers should be submitted 

in a separate invoice showing the original 

voucher number and designated with the 

letter ‘‘R’’ as the last character of the number. 

If there is more than one resubmission, use 

the appropriate suffix (R2, R3, etc.) For an 

adjustment invoice, put invoice number 

#Adj. 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 l 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.’’ 

lllllllllllllllllllll

(Name of Official) 

lllllllllllllllllllll

(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 


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46422 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 

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 (i)—Any costs requiring 

advance consent by the Contracting Officer 

will be considered improper and will be 

suspended, if claimed prior to receipt of 

Contracting Officer consent. Include the total 

cost claimed for the current and cumulativeto-date periods. After the total amount 

claimed, provide summary dollar amounts of 

cumulative costs: 

1. Suspended as of the date of the invoice; 

and 

2. Disallowed on the contract as of the date 

of the invoice. 

The amount shall include costs originally 

suspended and later disallowed. Also 

include an explanation of the changes in 

cumulative costs suspended or 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 (j)—Any costs requiring 

advance consent by the Contracting Officer 

will be considered improper and will be 

suspended, if claimed prior to receipt of 

Contracting Officer consent. Include the total 

cost claimed for the current and cumulativeto-date periods. After the total amount 

claimed, provide summary dollar amounts of 

cumulative costs: 

1. Suspended as of the date of the invoice; 

and 

2. Disallowed on the contract as of the date 

of the invoice. 

The amount shall include costs originally 

suspended and later disallowed. Also 

include an explanation of the changes in 

cumulative costs suspended or 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) Resubmissions. When an original 

voucher was submitted, but not paid in full 

because of suspended costs and after receipt 

of a letter of removal of suspension, 

resubmissions of any previously claimed 

amounts which were suspended should be 

submitted in a separate invoice showing the 

original voucher number and designated with 

the letter ‘‘R’’ with the copy of the removal 

of suspension notice. The amounts should be 

shown under the appropriate cost category 

and include all appropriate supplemental 

schedules. 

Note to paragraph (k)—All disallowances 

must be identified as such in the accounting 

system through journal entries. 

(l) 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. 

(m) 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. 

(n) 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 (DEC 2018) 

If used in a non-commercial time and 

materials type contract, substitute the 

following paragraphs (c)(1) and (2) for 

paragraphs (c)(1) and (2) of the basic clause: 


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Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 46423 

(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) 

■ 5. Revise section 1552.235–79 to read 

as follows: 

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 courtsupervised 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) 

[FR Doc. 2018–19769 Filed 9–12–18; 8:45 am] 

BILLING CODE 6560–50–P 


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