Applicable_Clauses_and_Provisions_Revised.pdf

SECTION B - Supplies or Services/Prices

B-1 LOCAL CLAUSES EPA-B-16-101 MINIMUM AND MAXIMUM AMOUNTS

B-2 FIXED RATES FOR TASK ORDER PRICING

SECTION C - Description/Specifications

C-1 EPAAR 1552.211-79 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES

MANAGEMENT. (JAN 2012)

C-2 LOCAL CLAUSES EPA-C-10-101 STATEMENT OF WORK/PERFORMANCE WORK

STATEMENT/SPECIFICATIONS

SECTION D - Packaging and Marking SECTION E - Inspection and Acceptance

E-1 FAR 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)

E-2 FAR 52.246-12 INSPECTION OF CONSTRUCTION. (APR 1996)

E-3 FAR 52.246-13 INSPECTION - DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS. (AUG 1996)

SECTION F - Deliveries or Performance

F-1 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984)

F-2 FAR 52.242-14 SUSPENSION OF WORK. (APR 1984)

F-3 FAR 52.242-15 STOP-WORK ORDER. (AUG 1989)

F-4 LOCAL CLAUSES EPA-F-12-101 PERIOD OF PERFORMANCE

SECTION G - Contract Administration Data

G-1 EPAAR 1552.216-72 ORDERING-BY DESIGNATED ORDERING OFFICERS. (JUL 2014)

G-2 LOCAL CLAUSES EPA-G-36-101 GOVERNMENT CONTRACT-LEVEL COR (CONSTRUCTION) 15

G-3 LOCAL CLAUSES EPA-G-42-101 CONTRACT ADMINISTRATION REPRESENTATIVES

SECTION H - Special Contract Requirements

H-1 FAR 52.236-2 DIFFERING SITE CONDITIONS. (APR 1984)

H-2 FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK. (APR 1984) . 17

H-3 FAR 52.236-5 MATERIAL AND WORKMANSHIP. (APR 1984)

H-4 FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. (APR 1984)

H-5 FAR 52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991)

H-6 FAR 52.236-8 OTHER CONTRACTS. (APR 1984)

H-7 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS. (APR 1984)

H-8 FAR 52.236-10 OPERATIONS AND STORAGE AREAS. (APR 1984)

H-9 FAR 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION. (APR 1984)

H-10 FAR 52.236-12 CLEANING UP. (APR 1984)

H-11 FAR 52.236-13 ACCIDENT PREVENTION. (NOV 1991) - ALTERNATE I (NOV 1991)

H-12 FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES. (APR 1984)

H-13 FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS. (APR 1984)

H-14 FAR 52.236-17 LAYOUT OF WORK. (APR 1984)

H-15 FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION. (FEB 1997)

H-16 EPAAR 1552.203-71 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER.

(AUG 2000)

H-17 EPAAR 1552.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST. (MAY 1994) - ALTERNATE

I (MAY 1994)

H-18 EPAAR 1552.235-79 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION.

(APR 1996)

H-19 EPAAR 1552.236-70 SAMPLES AND CERTIFICATES. (APR 1984)

H-20 EPAAR 1552.237-72 KEY PERSONNEL. (APR 1984)

H-21 LOCAL CLAUSES EPA-H-03-101 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

H-22 LOCAL CLAUSES EPA-H-07-102 IDENTIFICATION OF ON-SITE CONTRACTOR EMPLOYEES

H-23 LOCAL CLAUSES EPA-H-07-103 NOTICE REGARDING PROHIBITED CONTRACTOR

ACTIVITIES ON ENVIRONMENTAL PROTECTION AGENCY (EPA CONTRACTS)

H-24 LOCAL CLAUSES EPA-H-09-107 UNPAID FEDERAL TAX LIABILITY & FELONY CRIMINAL

VIOLATION CERTIFICATION (APR 2012)

H-25 LOCAL CLAUSES EPA-H-15-101 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE

GOVERNMENT FOR AUDIT

H-26 LOCAL CLAUSES EPA-H-28-104 PERFORMANCE AND PAYMENT BONDS

H-27 LOCAL CLAUSES EPA-H-28-106 INSURANCE-WORK ON A GOVERNMENT INSTALLATION . 22

H-28 LOCAL CLAUSES EPA-H-42-103 TEMPORARY CLOSURE OF EPA FACILITIES

SECTION I - Contract Clauses

I-1 FAR 52.202-1 DEFINITIONS. (NOV 2013)

I-2 FAR 52.203-3 GRATUITIES. (APR 1984)

I-3 FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)

I-4 FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT. (SEP 2006)

I-5 FAR 52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)

I-6 FAR 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR

IMPROPER ACTIVITY. (MAY 2014)

I-7 FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY. (MAY

2014)

I-8 FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS. (OCT 2010)

I-9 FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT. (APR 2010)

I-10 FAR 52.203-14 DISPLAY OF HOTLINE POSTER(S). (DEC 2007)

I-11 FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT

TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (APR 2014)

I-12 FAR 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT

PAPER. (MAY 2011)

I-13 FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT. (JUL 2013)

I-14 FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL. (JAN

2011)

I-15 FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS. (JUL 2013)

I-16 FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (JUL 2013)

I-17 FAR 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-

DELIVERY CONTRACTS. (JAN 2014)

I-18 FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (AUG 2013) 26

I-19 FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS. (JUL 2013)

I-20 FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS. (DEC 2014)

I-22 FAR 52.215-2 AUDIT AND RECORDS - NEGOTIATION. (OCT 2010)

I-23 FAR 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT 1997)

I-24 FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA.

(AUG 2011)

I-25 FAR 52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA -

MODIFICATIONS. (AUG 2011)

I-26 FAR 52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA. (OCT 2010)

I-27 FAR 52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA - MODIFICATIONS.

(OCT 2010)

I-28 FAR 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS. (OCT 2010)

I-30 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES. (OCT 1997)

I-31 FAR 52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER

THAN CERTIFIED COST OR PRICING DATA - MODIFICATIONS. (OCT 2010)

I-32 FAR 52.216-18 ORDERING. (OCT 1995)

I-33 FAR 52.216-19 ORDER LIMITATIONS. (OCT 1995)

I-34 FAR 52.216-22 INDEFINITE QUANTITY. (OCT 1995)

I-35 FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (OCT 2014)

I-36 FAR 52.219-14 LIMITATIONS ON SUBCONTRACTING. (NOV 2011)

I-37 FAR 52.219-17 SECTION 8(A) AWARD. (DEC 1996)

I-38 FAR 52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS.

(JUN 2003)

I-39 FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (JUL 2013)

I-40 FAR 52.222-3 CONVICT LABOR. (JUN 2003)

I-41 FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME

COMPENSATION. (MAY 2014)

I-42 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF THE

WORK. (MAY 2014)

I-43 FAR 52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS. (MAY 2014)

I-44 FAR 52.222-7 WITHHOLDING OF FUNDS. (MAY 2014)

I-45 FAR 52.222-8 PAYROLLS AND BASIC RECORDS. (MAY 2014)

I-46 FAR 52.222-9 APPRENTICES AND TRAINEES. (JUL 2005)

I-47 FAR 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS. (FEB 1988)

I-48 FAR 52.222-11 SUBCONTRACTS (LABOR STANDARDS). (MAY 2014)

I-49 FAR 52.222-12 CONTRACT TERMINATION - DEBARMENT. (MAY 2014)

I-50 FAR 52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND

RELATED REGULATIONS. (MAY 2014)

I-51 FAR 52.222-14 DISPUTES CONCERNING LABOR STANDARDS. (FEB 1988)

I-52 FAR 52.222-15 CERTIFICATION OF ELIGIBILITY. (MAY 2014)

I-53 FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES. (FEB 1999)

I-54 FAR 52.222-26 EQUAL OPPORTUNITY. (MAR 2007)

I-55 FAR 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION.

(FEB 1999)

I-56 FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (JUL 2014)

I-57 FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES. (JUL 2014)

I-58 FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS. (JUL 2014)

I-59 FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT. (DEC 2010)

I-60 FAR 52.222-41 SERVICE CONTRACT LABOR STANDARDS. (MAY 2014)

I-61 FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES. (MAY 2014)

I-62FAR 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR

STANDARDS-PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS). (MAY 2014) 33

I-63 FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS. (MAR 2015)

I-64 FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (AUG 2013)

I-65 FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE

AND CONSTRUCTION CONTRACTS. (SEP 2013)

I-66 FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA.

(JAN 1997) - ALTERNATE I (JUL 1995)

I-67 FAR 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION. (MAY 2011)

I-68 FAR 52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)

I-69 FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS. (MAY 2008)

I-70 FAR 52.223-11 OZONE-DEPLETING SUBSTANCES. (MAY 2001)

I-71 FAR 52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS. (MAY 1995)

I-72 FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS. (DEC 2007)

I-73 FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND

CONSTRUCTION CONTRACTS. (MAY 2008)

I-74 FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING. (AUG 2011)

I-75 FAR 52.225-9 BUY AMERICAN - CONSTRUCTION MATERIALS. (MAY 2014)

I-76 FAR 52.225-10 NOTICE OF BUY AMERICAN REQUIREMENT - CONSTRUCTION MATERIALS.

(MAY 2014)

I-77 FAR 52.225-11 BUY AMERICAN - CONSTRUCTION MATERIALS UNDER TRADE

AGREEMENTS. (MAY 2014)

I-78 FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

I-79 FAR 52.227-1 AUTHORIZATION AND CONSENT. (DEC 2007)

I-80 FAR 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT. (DEC 2007)

I-81 FAR 52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS. (DEC 2007)

I-82 FAR 52.228-2 ADDITIONAL BOND SECURITY. (OCT 1997)

I-83 FAR 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION. (JAN 1997)

I-84 FAR 52.228-11 PLEDGES OF ASSETS. (JAN 2012)

I-85 FAR 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS. (MAY 2014)

I-86 FAR 52.228-13 ALTERNATIVE PAYMENT PROTECTIONS. (JUL 2000)

I-87 FAR 52.228-14 IRREVOCABLE LETTER OF CREDIT. (NOV 2014)

I-88 FAR 52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION. (OCT 2010)

I-89 FAR 52.229-3 FEDERAL, STATE, AND LOCAL TAXES. (FEB 2013)

I-90 FAR 52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS).

(FEB 2013)

I-91 FAR 52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS. (MAY 2014) .. 47

I-92 FAR 52.232-17 INTEREST. (MAY 2014)

I-93 FAR 52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)

I-94 FAR 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS. (MAY 2014)

I-95 FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD

MANAGEMENT. (JUL 2013)

I-96 FAR 52.233-1 DISPUTES. (MAY 2014) - ALTERNATE I (DEC 1991)

I-97 FAR 52.233-3 PROTEST AFTER AWARD. (AUG 1996)

I-98 FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

I-99 FAR 52.236-26 PRECONSTRUCTION CONFERENCE. (FEB 1995)

I-100 FAR 52.242-13 BANKRUPTCY. (JUL 1995)

I-101 FAR 52.243-4 CHANGES. (JUN 2007)

I-102 FAR 52.244-5 COMPETITION IN SUBCONTRACTING. (DEC 1996)

I-103 FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS. (MAR 2015)

I-104 FAR 52.246-21 WARRANTY OF CONSTRUCTION. (MAR 1994)

I-105 FAR 52.246-25 LIMITATION OF LIABILITY - SERVICES. (FEB 1997)

I-106 FAR 52.248-3 VALUE ENGINEERING - CONSTRUCTION. (OCT 2010)

I-107 FAR 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE).

(APR 2012) - ALTERNATE I (SEP 1996)

I-109 FAR 52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION). (APR 1984)

I-110 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)

I-111 FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES. (APR 1984)

I-112 FAR 52.253-1 COMPUTER GENERATED FORMS. (JAN 1991)

I-113 LOCAL CLAUSES EPA-I-16-101 PROCEDURES FOR ISSUING TASK ORDERS - NON-

EMERGENCY WORK

SECTION J - List of Documents, Exhibits and Other Attachments

J-1 EPA-J-52-101 LIST OF ATTACHMENTS

SECTION K - Representations, Certifications, and Other Statements of Bidders

K-1 FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS. (DEC 2014)

K-2 FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS. (DEC 2014)

K-3 FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (JUL 2013)

K-4 FAR 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-REPRESENTATION AND

CERTIFICATIONS. (DEC 2012)

K-5 FAR 52.236-28 PREPARATION OF PROPOSALS - CONSTRUCTION. (OCT 1997)

K-6 EPAAR 1552.209-72 ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION. (APR

1984)

K-7 EPAAR 1552.224-70 SOCIAL SECURITY NUMBERS OF CONSULTANTS AND CERTAIN SOLE

PROPRIETORS AND PRIVACY ACT STATEMENT. (APR 1984)

K-8 LOCAL CLAUSES EPA-K-03-101 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS-REPRESENTATION

K-9 LOCAL CLAUSES EPA-K-04-101 REPRESENTATION BY CORPORATIONS REGARDING A

FELONY CONVICTION UNDER FEDERAL LAW OR UNPAID FEDERAL TAX LIABILITY (APR 2012)

SECTION L - Instructions, Conditions, and Notices to Bidders

L-1 FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT. (JUL 2013)

L-2 FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (NOV 2014) ... 60

L-3 FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR. (NOV 2014)

L-4 FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (NOV 2014)

L-5 FAR 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (JAN 2004)

L-7 FAR 52.215-22 LIMITATIONS ON PASS-THROUGH CHARGES--IDENTIFICATION OF

SUBCONTRACT EFFORT. (OCT 2009)

L-8 FAR 52.216-1 TYPE OF CONTRACT. (APR 1984)

L-9 FAR 52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS-SECONDARY SITE OF THE

WORK. (MAY 2014)

L-10 FAR 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION. (FEB 1999)

L-11 FAR 52.225-12 NOTICE OF BUY AMERICAN REQUIREMENT - CONSTRUCTION MATERIALS

UNDER TRADE AGREEMENTS. (MAY 2014)

L-12 FAR 52.233-2 SERVICE OF PROTEST. (SEP 2006)

L-13 FAR 52.236-27 SITE VISIT (CONSTRUCTION). (FEB 1995)

L-14 FAR 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)

L-15 FAR 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS. (APR 1984)

L-16 EPAAR 1552.209-70 ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION. (APR 1984)

L-17 EPAAR 1552.233-70 NOTICE OF FILING REQUIREMENTS FOR AGENCY PROTESTS. (JUL

1999)

L-18 LOCAL CLAUSES EPA-L-19-101 IDENTIFICATION OF SET-ASIDE/8(A) PROGRAM

APPLICABILITY

L-19 LOCAL CLAUSES EPA-L-36-101 PROPOSAL INSTRUCTIONS

SECTION M - Evaluation Factors for Award

M-1 EPAAR 1552.215-70 EPA SOURCE EVALUATION AND SELECTION PROCEDURES-

NEGOTIATED PROCUREMENTS. (AUG 1999)

M-2 EPAAR 1552.215-71 EVALUATION FACTORS FOR AWARD. (AUG 1999) - ALTERNATE II (AUG 2000)

SECTION B - Supplies or Services/Prices

B-1 LOCAL CLAUSES EPA-B-16-101 MINIMUM AND MAXIMUM AMOUNTS

During the period specified in the "Ordering" clause, the Government shall place orders totaling a minimum of $25,000. The amount of all orders shall not exceed $70,000,000.

B-2 FIXED RATES FOR TASK ORDER PRICING

The following overhead/profit rates shown below are the maximum allowable rates which may be used by the Contractor to price task orders under this contract. Lower rates may be proposed or negotiated on an individual task order basis. Proposals for individual task orders shall be prepared in accordance with the instructions set forth in the Section I-113 Clause “Procedures for Issuing Task Orders – Non Emergency Work”. The Contract Years identified below consist of ten (10) sequential 12-month periods, beginning with Contract Year 1, which extends 12 months from the effective date of the contract.

Prime Contractor Overhead Rate - Applied to Total Costs

YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR

6 YEAR 7 YEAR 8 YEAR 9 YEAR

Prime Contractor Profit Rate - Applied to Contractor’s Total Labor

YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR

6 YEAR 7 YEAR 8 YEAR 9 YEAR

Prime Contractor Profit Rate - Applied to Subcontracts, Material, Equipment and Other Direct Costs

YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR

6 YEAR 7 YEAR 8 YEAR 9 YEAR

(Note: The above overhead and profit rates shall not be applied to bond costs.)

SECTION C - Description/Specifications

C-1 EPAAR 1552.211-79 COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES

MANAGEMENT. (JAN 2012)

Compliance with EPA Policies for Information Resources Management

(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://epa.gov/docs/irmpoli8/policies/index.html.

(End of clause)

C-2 LOCAL CLAUSES EPA-C-10-101 STATEMENT OF WORK/PERFORMANCE WORK

STATEMENT/SPECIFICATIONS

The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities (except as otherwise specified), to perform the Statement of Work, dated April 2015. The contractor shall perform work under this contract only as directed in Task Orders issued by the Contracting Officer.

SECTION D - Packaging and Marking

For this solicitation, there are no clauses in this section.

SECTION E - Inspection and Acceptance

E-1 FAR 52.246-4 INSPECTION OF SERVICES - FIXED-PRICE. (AUG 1996)

E-2 FAR 52.246-12 INSPECTION OF CONSTRUCTION. (APR 1996)

(a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.

(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.

(c) Government inspections and tests are for the sole benefit of the Government and do not -

(1) Relieve the Contractor of responsibility for providing adequate quality control measures;

(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;

(3) Constitute or imply acceptance; or

(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this section.

(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization.

(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.

(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.

(g) If the Contractor does not promptly replace or correct rejected work, the Government may -

(1) By contract or otherwise, replace or correct the work and charge the cost to the Contractor; or

(2) Terminate for default the Contractor's right to proceed.

(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.

(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee.

E-3 FAR 52.246-13 INSPECTION - DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS. (AUG 1996)

SECTION F - Deliveries or Performance

F-1 FAR 52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK. (APR 1984)

The Contractor shall be required to (a) commence work under each task order within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than the completion date specified in the task order, including final cleanup of the premises.

(End of clause)

F-2 FAR 52.242-14 SUSPENSION OF WORK. (APR 1984)

F-3 FAR 52.242-15 STOP-WORK ORDER. (AUG 1989)

F-4 LOCAL CLAUSES EPA-F-12-101 PERIOD OF PERFORMANCE

The period of performance of this contract shall be from date of award through 10 years inclusive of all required reports.

SECTION G - Contract Administration Data

G-1 EPAAR 1552.216-72 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 the effective date of the contract through the expiration date of the contract. In addition to the Contracting Officer, the following individuals are authorized ordering officers.

Contracting Officers assigned to the US Environmental Protection Agency, Cincinnati Procurement Operations Division (CPOD)

(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 10 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 10 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 10 calendar days.

G-2 LOCAL CLAUSES EPA-G-36-101 GOVERNMENT CONTRACT-LEVEL COR (CONSTRUCTION)

The Government Contract-Level COR identified in the Section G Clause "CONTRACT ADMINISTRATION REPRESENTATIVES" is authorized to make an interpretation as to the meaning of the specifications and drawings based on request, and therefore is responsible for ensuring conformance with the technical requirements of the contract. The Contract-Level COR shall also approve all pre-final progress payment requests. However, the Contract-Level COR is not authorized to make any commitments or changes which affect the contract price or other contract terms and conditions, as any such changes shall be immediately referred to the Contracting Officer for necessary action. Recommendation for final acceptance of work shall be by the Contract-Level COR. Final acceptance of work shall be by the Contracting Officer, or his authorized representative.

G-3 LOCAL CLAUSES EPA-G-42-101 CONTRACT ADMINISTRATION REPRESENTATIVES

Contract-Level Contracting Officers Representatives (CORs)/Project Officers for this contract are as follows:

COR/Project Officer:

To Be Determined

Alternate COR/Project Officer:

To Be Determined

Contracting Officials responsible for administering this contract are as follows:

Contracting Officer:

Scott Tharp U.S. Environmental Protection Agency 26 W. Martin Luther King Drive Mail Code NWD-001 Cincinnati, OH 45268-0001 Tel: 513-487-2020 Fax: 513-487-2107 Email: tharp.scott@epa.gov

Contract Specialist:

Angela Lower U.S. Environmental Protection Agency 26 W. Martin Luther King Drive Mail Code NWD-001 Cincinnati, OH 45268-0001 Tel: 513-487-2036 Fax: 513-487-2107 Email: perry.greta@epa.gov mailto:tharp.scott@epa.gov mailto:perry.greta@epa.gov

SECTION H - Special Contract Requirements

H-1 FAR 52.236-2 DIFFERING SITE CONDITIONS. (APR 1984)

H-2 FAR 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK. (APR 1984)

H-3 FAR 52.236-5 MATERIAL AND WORKMANSHIP. (APR 1984)

H-4 FAR 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR. (APR 1984)

H-5 FAR 52.236-7 PERMITS AND RESPONSIBILITIES. (NOV 1991)

H-6 FAR 52.236-8 OTHER CONTRACTS. (APR 1984)

H-7 FAR 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,

UTILITIES, AND IMPROVEMENTS. (APR 1984)

H-8 FAR 52.236-10 OPERATIONS AND STORAGE AREAS. (APR 1984)

H-9 FAR 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION. (APR 1984)

H-10 FAR 52.236-12 CLEANING UP. (APR 1984)

H-11 FAR 52.236-13 ACCIDENT PREVENTION. (NOV 1991) - ALTERNATE I (NOV 1991)

H-12 FAR 52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES. (APR 1984)

H-13 FAR 52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS. (APR 1984)

H-14 FAR 52.236-17 LAYOUT OF WORK. (APR 1984)

H-15 FAR 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION. (FEB 1997)

H-16 EPAAR 1552.203-71 DISPLAY OF EPA OFFICE OF INSPECTOR GENERAL HOTLINE POSTER.

(AUG 2000)

(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 calling (202) 260-5113.

(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 provided instructions that encourage employees to make such reports.

H-17 EPAAR 1552.209-71 ORGANIZATIONAL CONFLICTS OF INTEREST. (MAY 1994) - ALTERNATE

I (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 provisions which shall conform substantially to the language of this clause, including this paragraph, unless otherwise authorized by the contracting officer.

H-18 EPAAR 1552.235-79 RELEASE OF CONTRACTOR CONFIDENTIAL BUSINESS INFORMATION.

(APR 1996)

(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 Agency 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).

(b) Possible circumstances where the Agency may release the Contractor's CBI include, but are not limited to the following:

(1) To other Agency contractors tasked with assisting the Agency in the recovery of Federal funds expended pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec. 9607, as amended, (CERCLA or Superfund);

(2) To the U.S. Department of Justice (DOJ) and contractors employed by DOJ for use in advising the Agency and representing the Agency in procedures for the recovery of Superfund expenditures;

(3) To parties liable, or potentially liable, for costs under CERCLA Sec. 107 (42 U.S.C. Sec.

9607), et al, and their insurers (Potentially Responsible Parties) for purposes of facilitating settlement or litigation of claims against such parties;

(4) To other Agency contractors who, for purposes of performing the work required under the respective contracts, require access to information the Agency 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 Resource Conservation and Recovery Act (42 U.S.C.

6901 et seq.); the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.);

(5) To other Agency 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;

(6) To employees of grantees working at EPA under the Senior Environmental Employment (SEE) Program;

(7) To Speaker of the House, President of the Senate, or Chairman of a Committee or Subcommittee;

(8) To entities such as the General Accounting Office, boards of contract appeals, and the Courts in the resolution of solicitation or contract protests and disputes;

(9) To Agency contractor employees engaged in information systems analysis, development, operation, and maintenance, including performing data processing and management functions for the Agency; and

(10) Pursuant to a court order or court-supervised agreement.

(c) The Agency 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, the Agency will permit the release of CBI under subparagraphs (1), (3), (4), (5), (6), or (9) only pursuant to a confidentiality agreement.

(d) With respect to contractors, 1552.235-71 will be used as the confidentiality agreement. 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. 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 Agency 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.

H-19 EPAAR 1552.236-70 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.

H-20 EPAAR 1552.237-72 KEY PERSONNEL. (APR 1984)

(a) The Contractor shall assign to this contract the following key personnel:

Project Manager – To be named at contract award.

Site Superintendent – To be named at contract award.

Quality Control Manager – To be named at contract award.

(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.

H-21 LOCAL CLAUSES EPA-H-03-101 PROHIBITION ON CONTRACTING WITH ENTITIES THAT

REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to comply with the provisions of this clause.

H-22 LOCAL CLAUSES EPA-H-07-102 IDENTIFICATION OF ON-SITE CONTRACTOR EMPLOYEES

All Contractor, subcontractor, and consultant personnel shall wear prominently displayed identification badges at all times when performing work on EPA property or attending meetings in the performance of this contract. The badge shall contain the individual's name, the company name and logo. When participating in such meetings (e.g., as a speaker, panel member), those individuals in Contractor employ must supplement physical identification (e.g., badges, place markers) with verbal announcements so that it is clear to the assembled group that they are employees of the Contractor, not Agency staff members. In addition, when working on EPA property, all contractor, subcontractor, and consultant personnel shall have signs visible on their desks or at their work sites that clearly state that they are not EPA employees.

H-23 LOCAL CLAUSES EPA-H-07-103 NOTICE REGARDING PROHIBITED CONTRACTOR

ACTIVITIES ON ENVIRONMENTAL PROTECTION AGENCY (EPA CONTRACTS)

The Contractor shall not perform any of the following activities on behalf of EPA in connection with this contract:

1. The actual preparation of Congressional testimony.

2. The interviewing or hiring of individuals for employment at EPA.

3. Developing and/or writing of Position Descriptions and Performance Standards.

4. The actual determination of Agency policy.

5. Participating as a voting member on a Performance Evaluation Board; participating in and/or attending Award Fee meetings.

6. Preparing Award Fee Letters, even under typing services contracts.

7. The actual preparation of Award Fee Plans.

8. The preparation of documents on EPA Letterhead other than routine administrative correspondence.

9. Reviewing vouchers and invoices for the purposes of determining whether costs, hours, and work performed are reasonable.

10. The preparation of Statements of Work, Work Assignments, Technical Direction Documents, Delivery Orders, or any other work issuance document under a contract that the contractor is performing or may perform. Such a work issuance document, prepared by an EPA prime contractor under an EPA prime contract for its subcontractor, is exempt from this prohibition.

11. The actual preparation of responses to audit reports from the Inspector General, General Accounting Office, or other auditing entities.

12. Preparing responses to Congressional correspondence.

13. The actual preparation of responses to Freedom of Information Act requests, other than routine, non-judgmental correspondence.

14. Any contract which authorizes a contractor to represent itself as EPA to outside parties.

15. Conducting administrative hearings.

16. Reviewing findings concerning the eligibility of EPA employees for security clearances.

17. The actual preparation of an office's official budget request.

H-24 LOCAL CLAUSES EPA-H-09-107 UNPAID FEDERAL TAX LIABILITY & FELONY CRIMINAL

VIOLATION CERTIFICATION (APR 2012)

(a) In order to meet the requirements of Sections 433 and 434 of Division E of the Consolidated Appropriations Act, 2012 (Pub.L. 112-74); 2013 Continuing Appropriations Resolution (Pub.L. 112-175); Consolidated and Further Continuing Appropriations Act, 2013 (Pub.L. 113-6); Continuing Appropriations Act, 2014 (Pub.L. 113-46), and subsequent relevant appropriations acts, the contractor shall provide the contracting officer a certification whereby the contractor certifies:

(i) It is not a corporation that has been convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months; and

(ii) It is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(b) Failure of the contractor to furnish a certification or provide such additional information as requested by the contracting officer may render the contractor ineligible for FY 2012, 2013, 2014 or subsequent FY contract funding.

(c) The contractor has a continuing obligation to update the subject certification as required.

(End of Clause)

H-25 LOCAL CLAUSES EPA-H-15-101 RELEASE OF COST OR PRICING PROPOSALS OUTSIDE THE

GOVERNMENT FOR AUDIT

Cost or pricing proposals submitted in response to this solicitation may be released outside the Government for audit purposes regardless of whether information contained in such proposals has been claimed or determined to be business confidential. If an outside audit is obtained, the non-Government auditor shall use the information only for audit purposes; shall not disclose any information in the proposals to anyone other than authorized EPA employees without the prior written approval of the Assistant General Counsel responsible for information law matters; and shall return all copies of proposals, as well as any abstracts, to the Government upon completion of the audit. The non-Government auditor shall obtain a written agreement from each of its employees with access to the proposals to honor these limitations prior to allowing the employee access.

H-26 LOCAL CLAUSES EPA-H-28-104 PERFORMANCE AND PAYMENT BONDS

The Miller Act requires that the prime Contractor obtain performance and payment bonds on substantial and segregable construction exceeding the simplified acquisition threshold under this contract. When required by the prime Contractor and approved by the Contracting Officer, the prime Contractor may be permitted to fulfill this requirement by requiring that the subcontractor furnish the bonds with the United States named as the obligee on the bond. In that event, it is hereby mutually agreed that there is no intent for the prime Contractor to merely act as the Government's purchasing agent, and that this contract shall not be construed as a facilities management contract. It is further agreed that the privity of contract between the prime and subcontractor, and the responsibilities of each, is not affected in any way by permitting the subcontractor to provide Miller Act bonds in lieu of the prime Contractor.

H-27 LOCAL CLAUSES EPA-H-28-106 INSURANCE-WORK ON A GOVERNMENT INSTALLATION

The Contractor's insurance requirements of Clause 52.228-5, Insurance--Work on a Government Installation (JAN 1997), shall be as follows:

At a minimum, the Contractor shall procure and maintain the following types and amounts of insurance:

(1) Workmen's compensation and occupational disease insurance in amounts sufficient to satisfy Federal and State laws;

(2) Employer's liability insurance of at least $100,000, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers;

(3) General liability insurance for bodily injury liability coverage written on the comprehensive form of policy of at least $500,000 per occurrence; and

(4) Automobile liability insurance written on the comprehensive form of policy providing for bodily injury and property damage liability covering the operation of all automobiles used in connection with performance of the contract of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H-28 LOCAL CLAUSES EPA-H-42-103 TEMPORARY CLOSURE OF EPA FACILITIES

(a)(1) The Environmental Protection Agency observes the following days as federal holidays. The term 'Federal holidays' as used in this clause shall mean only the following enumerated days and any other days hereafter declared National holidays by the President of the United States. Holidays falling on a Sunday will be observed on the following Monday. Holidays falling on a Saturday will be observed on the preceding Friday.

January 1 - New Year's Day January - Monday - Martin Luther King Day February - Third Monday - Washington's Birthday May - Last Monday - Memorial Day July 4 - Independence Day September - First Monday - Labor Day October - Second Monday - Columbus Day November 11 - Veterans Day November - Fourth Thursday - Thanksgiving Day December 25 - Christmas Day

(2) Holiday observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the Contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in the contract.

(b)(1) EPA may close an EPA facility for all or a portion of a business day as a result of:

(i) Granting administrative leave to non-essential EPA employees (e.g., unanticipated holiday);

(ii) Inclement weather;

(iii) Failure of Congress to appropriate operational funds;

(iv) Any other day designated by Federal law, Executive Order or Presidential Proclamation; or

(v) Other reason as determined by the EPA (e.g., designated furlough day for federal workers).

(2) In such cases, Contractor personnel not determined by the Contracting Officer to be excepted (e.g., not performing mission-critical round-the-clock services/tasks) who are not already on duty at the facility shall not report to the facility. Such Contractor personnel already present shall be dismissed and shall leave the facility.

(3) The Contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of mission-critical services/tasks already in operation or scheduled for performance during the period in which EPA employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly…