[Federal Register Volume 70, Number 205 (Tuesday, October 25, 2005)]
[Rules and Regulations]
[Pages 61567-61571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21196]


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ENVIRONMENTAL PROTECTION AGENCY

48 CFR Parts 1504, 1509, 1529, 1536, 1537, and 1552

[FRL-7986-2]


Miscellaneous Revisions to EPAAR Clauses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on administrative changes to 
the EPA Acquisition Regulation (EPAAR). This action revises the EPAAR, 
but does not impose any new requirements on Agency contractors. The 
revisions in this direct final rule will make minor corrections to and 
streamline Agency acquisition processes to be consistent with and non-
duplicative of the Federal Acquisition Regulation (FAR). Some EPAAR 
clauses will be revised and others will be removed. FAR clauses are 
available to provide coverage for the EPAAR clauses that are removed by 
this rule.

DATES: This rule is effective on December 27, 2005 without further 
notice, unless EPA receives adverse comment by November 25, 2005. If we 
receive such comment, we will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. OARM-2005-
0004, by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    <bullet> Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the online instructions for 
submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#6e010b07400a010d050b1a2e0b1e0f40090118"><span class="__cf_email__" data-cfemail="b6d9d3df98d2d9d5ddd3c2f6d3c6d798d1d9c0">[email protected]</span></a>.
    <bullet> Surface Mail: EPA Docket Center, Environmental Protection 
Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460. Attention Docket ID <greek-i> No. OARM-2005-0004.
    Instructions: Direct your comments to Docket ID No. OARM-2005-0004. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov Web sites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET online or see the Federal Register of May 31, 2002 
(67 FR 38102).
    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the OEI Docket, EPA/DC, EPA West, Room B102, 1301 Constitution 
Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OEI Docket is (202) 566-1752.

FOR FURTHER INFORMATION CONTACT: Tiffany Schermerhorn, Policy, Training 
and Oversight Division, Office of Acquisition Management, Mail Code 
3802R, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; e-mail address: <a href="/cdn-cgi/l/email-protection#ff8c9c979a8d929a8d97908d91d18b9699999e9186bf9a8f9ed1989089"><span class="__cf_email__" data-cfemail="e596868d80978880978d8a978bcb918c8383848b9ca5809584cb828a93">[email protected]</span></a>, 
telephone (202) 564-9902.

SUPPLEMENTARY INFORMATION:

I. General Information

    This rule revises the Environmental Protection Agency Acquisition 
Regulation (EPAAR) to make administrative changes. EPA is publishing 
this rule without prior proposal because we view this as a 
noncontroversial amendment and anticipate no adverse comment. This rule 
does not impose any new requirements on Agency contractors. All changes 
are minor and are consistent with the FAR.

II. Statutory and Executive Order Reviews

A. Executive Order 12866

    It has been determined that this rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

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. 
This rule does not impose any new information

[[Page 61568]]

collection or other requirements on Agency contractors.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) 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 impacts of today's rule on small 
entities, small entity is defined as: (1) A small business as defined 
by the Small Business Administration's (SBA) regulations at 13 CFR 
121.201; (2) a small governmental jurisdiction that is a government of 
a city, county, town, school district or special district with a 
population of less than 50,000; and (3) a small organization that is 
any not-for-profit enterprise which is independently owned and operated 
and is not dominant in its field.
    After considering the economic impacts of today's direct final rule 
on small entities, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
This direct final rule will not impose any requirements 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. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
one year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    Today's rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for State, local, or tribal 
governments or the private sector. The rule imposes no enforceable duty 
on any State, local or tribal governments or the private sector. Thus, 
today's 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 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 direct final 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. Thus, Executive 
Order 13132 does not apply to this rule.

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 direct final rule does 
not have tribal implications, as specified in Executive Order 13175. It 
will not have substantial direct effects on tribal governments, or on 
the relationship between the Federal government and Indian tribes, as 
specified in Executive Order 13175. The direct final rule amends 
acquisition regulations that are administrative in nature. Thus, 
Executive Order 13175 does not apply to this rule.

G. Executive Order 13045

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 12866, 
and because it does not involve decisions on environmental health or 
safety risk.

H. Executive Order 13211 (Energy Effects)

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, 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

[[Page 61569]]

not to use available and applicable voluntary consensus standards.
    This rulemaking does not involve technical standards. Therefore, 
EPA is not considering the use of any voluntary consensus standards. 
EPA welcomes comments on this aspect of the proposed rulemaking and, 
specifically, invites the public to identify potentially-applicable 
voluntary consensus standards and to explain why such standards should 
be used in this regulation.

J. Submission to Congress and the General Accounting Office

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective 60 days from date of publication.

List of Subjects in 48 CFR Parts 1504, 1509, 1529, 1535, 1536, 
1537, and 1552

    Government procurement.

    Dated: October 6, 2005.
John C. Gherardini,
Acting Director, Office of Acquisition Management.

0
For the reasons set forth in the Preamble, Chapter 15 of Title 48 Code 
of Federal Regulations, parts 1504, 1509, 1529, 1536, 1537, and 1552 
are amended as follows:
0
1. The authority citation for 48 CFR parts 1504, 1509, 1529, 1536, 
1537, and 1552 continues to read as follows:

    Authority: Sec. 205(c), 63 Stat. 390 as amended, 40 U.S.C. 
486(c).

PART 1504--ADMINISTRATIVE MATTERS


1504.670  [Removed and reserved]

0
2. Remove and reserve section 1504.670.

PART 1509--CONTRACTOR QUALIFICATIONS

0
3. Revise section 1509.507-2(c) to read as follows:


1509.507-2  Contract clause.

* * * * *
    (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 acquisition 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.
* * * * *

PART 1529--TAXES


1529.401-70  [Removed]

0
4. Remove section 1529.401-70.

PART 1536--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

0
5. Revise section 1536.602-2(a) to read as follows:


1536.602-2  Establishment of evaluation boards.

    (a) The Environmental Protection Agency Architect-Engineer 
Evaluation Board is established as a central permanent Board located at 
Headquarters EPA under authority delegated to the Director, Office of 
Acquisition Management, which may be re-delegated.
* * * * *

PART 1537--SERVICE CONTRACTING


1537.110  [Amended]

0
6. Remove section 1537.110(d) and redesignate paragraphs (e) through 
(g) as paragraphs (d) through (f).

[[Page 61570]]

PART 1552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


1552.204-70  [Removed and reserved]

0
7. Remove and reserve section 1552.204-70.

0
8. Section 1552.208-70 is amended by adding an ``Incidental'' 
definition after the definition of ``Requirement'' in paragraph (a), 
and revising the heading of the clause and paragraphs (b) and (d)(2) 
through (d)(4) to read as follows:


1552.208-70  Printing.

* * * * *

Printing (Dec 2005)

    (a) * * *
    ``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) * * *
    (d) * * *
    (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. The contracting officer must obtain a waiver 
from the U.S. Congress Joint Committee on Printing if it is deemed 
appropriate to exceed the duplication thresholds. 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. The contracting officer 
must obtain a waiver from the U.S. Congress Joint Committee on 
Printing.
    (4) The contractor may perform the duplication of no more than a 
total of 100 diskettes or CD-ROM's. Duplication services below these 
thresholds are not considered printing. If performance of the 
contract will require duplication in excess of these thresholds, 
contractors must immediately notify the contracting officer in 
writing. The contracting officer must obtain a waiver from the U.S. 
Congress Joint Committee on Printing.
* * * * *

0
9. In section 1552.209-74, revise the clause heading; revise paragraphs 
(c) through (i) and remove paragraph (j), revise the heading and 
paragraph (d) of Alternate I; revise the heading and paragraph (d) of 
Alternate II; revise the headings of Alternate III and Alternate IV; 
revise the heading and paragraph (c) of Alternate V; and revise the 
heading and paragraphs (d) introductory text and (d)(1) of Alternate VI 
to read as follows:


1552.209-74  Limitation of future contracting.

* * * * *

Limitation of Future Contracting (RAC) (Apr 2004)

* * * * *
    (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)

* * * * *
    (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

[[Page 61571]]

area(s) which result from a CERCLA administrative order, a CERCLA or 
RCRA consent decree or a court order.
* * * * *

Limitation of Future Contracting Alternate II (Start) (Apr 2004)

* * * * *
    (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.
* * * * *

Limitation of Future Contracting Alternate III (ESAT) (Apr 2004)

* * * * *

Limitation of Future Contracting Alternate IV (TES) (Apr 2004)

* * * * *

Limitation of Future Contracting Alternate V (Headquarters Support) 
(Apr 2004)

* * * * *
    (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.
* * * * *

Limitation of Future Contracting Alternate VI (Site Specific) (Apr 
2004)

* * * * *
    (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.
* * * * *


1552.215-76  [Removed and reserved]

0
10. Remove and reserve section 1552.215-76.


1552.229-70  [Removed and reserved]

0
11. Remove and reserve section 1552.229-70.


1552.237-73  [Removed and reserved]

0
12. Remove and reserve section 1552.237-73.

[FR Doc. 05-21196 Filed 10-24-05; 8:45 am]
BILLING CODE 6560-50-P


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