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$ 1-1.2300 Scope of subpart.

This subpart prescribes policies and procedures regarding the require. ments of the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L. 91-604, December 31, 1970), the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500, October 18, 1972), Executive Order 11738, September 10, 1973, and the related regulations of the Environmental Protection Agency (EPA) (40 CFR Part 15).

forcement of the Clean Air Act (h inafter referred to as the 'Air A and the Federal Water Pollution cl trol Act (hereinafter referred to as ! 'Water Act')."

(b) Except as provided in § 1-1.2: 4, no executive agency shall enter in renew, or extend any contract for t procurement of goods, materials, services to a firm proposing to us! the performance thereof a facil which is listed by the Director, Ofil of Federal Activities, Environmeru Protection Agency (EPA), pursuant: 40 CFR 15.20, as a violating facili under either the Air Act or the Wat Act. $ 1-1.2302 Administration and enfoin

ment. § 1-1.2302-1 Solicitation provision.

The provisions set forth below sha be included in each solicitation and r sulting contract (except those invol ing small purchases (see Subpart 1 3.6)) and contracts awarded witho reference to a solicitation.

CLEAN AIR AND WATER CERTIFICATION (Applicable if the bid or offer exceed $100,000, or the contracting officer has di termined that orders under an indefinit quantity contract in any year will excee $100,000, or a facility to be used has bee the subject of a conviction under the Clea Air Act (42 U.S.C. 1857c-8(c)(1)) or the Fer eral Water Pollution Control Act (33 U.S. 1319(c)) and is listed by EPA, or is not oth erwise exempt.)

The bidder or offeror certifies as fo lows:

(a) Any facility to be utilized in th performance of this proposed contrar has ( ), has not [ ], been listed o the Environmental Protection Agenc List of Violating Facilities.

(b) He will promptly notify the cor tracting officer, prior to award, of th receipt of any communication from the Director, Office of Federal Activi ties, Environmental Protection Agency, indicating that any facilit which he proposes to use for the per formance of the contract is under con sideration to be listed on the EPA Lis of Violating Facilities.

(c) He will include substantially this certification, including this paragraph (c), in every nonexempt subcontract.

$ 1-1.2301 Policy.

(a) Executive Order 11738 provides in section 1 that “It is the policy of the Federal Government to improve and enhance environmental quality. In furtherance of that policy, the program prescribed in this Order is instituted to assure that each Federal agency empowered to enter into con tracts for the procurement of goods, materials, or services, and each Federal agency empowered to extend Federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective en

31-1.2302-2 Contract clause.

(3) The term “clean air standards" The following clause shall be includ

means any enforceable rules, regula

tions, guidelines, standards, limitaed in all contracts except those involv

tions, orders, controls, prohibitions, or ing small purchases:

other requirements which are conCLEAN AIR AND WATER

tained in, issued under, or otherwise (Applicable only if the contract exceeds

adopted pursuant to the Air Act or Ex$100,000, or the contracting officer has de

ecutive Order 11738, an applicable imermined that orders under an indefinite

plementation plan as described in secquantity contract in any one year will

tion 110(d) of the Clean Air Act (42 exceed $100,000, or a facility to be used has U.S.C. 18570-5(d)), an approved implebeen the subject of a conviction under the mentation procedure or plan under Clean Air Act (42 U.S.C. 1857c-8(c)(1)) or section 111(c) or section 111(d), respecthe Federal Water Pollution Control Act (33

tively, of the Air Act (42 U.S.C. 1857cU.S.C. 1319(c)) and is listed by EPA, or the

6 (c) or (d)), or an approved implemencontract is not otherwise exempt.)

tation procedure under section 112(d) (a) The Contractor agrees as follows: of the Air Act (42 U.S.C. 1857c-7(d)).

(1) To comply with all the require (4) The term “clean water standments of section 114 of the Clean Air ards" means any enforceable limitaAct, as amended (42 U.S.C. 1857 et tion, control, condition, prohibition, seq., as amended by Pub. L. 91-604) standard, or other requirement which and section 308 of the Federal Water is promulgated pursuant to the Water Pollution Control Act (33 U.S.C. 1251 Act or contained in a permit issued to et seq., as amended by Pub. L. 92-500), a discharger by the Environmental respectively, relating to inspection, Protection Agency or by a State under monitoring, entry, reports, and infor- an approved program, as authorized mation, as well as other requirements by section 402 of the Water Act (33 specified in section 114 and section 308 U.S.C. 1342), or by local government to of the Air Act and the Water Act, re ensure compliance with pretreatment spectively, and all regulations and regulations as required by section 307 guidelines issued thereunder before of the Water Act (33 U.S.C. 1317). the award of this contract.

(5) The term "compliance" means (2) That no portion of the work re- compliance with clean air or water quired by this prime contract will be standards. Compliance shall also mean performed in a facility listed on the compliance with a schedule or plan orEnvironmental Protection Agency List dered or approved by a court of comof Violating Facilities on the date petent jurisdiction, the Environmental when this contract was awarded unless Protection Agency or an air or water and until the EPA eliminates the pollution control agency in accordance name of such facility or facilities from with the requirements of the Air Act such listing.

or Water Act and regulations issued (3) To use his best efforts to comply pursuant thereto. with clean air standards and clean (6) The term “facility” means any water standards at the facility in building, plant, installation, structure, which the contract is being performed. mine, vessel or other floating craft, lo

(4) To insert the substance of the cation, or site of operations, owned, provisions of this clause into any non leased, or supervised by a contractor exempt subcontract, including this or subcontractor, to be utilized in the paragraph (a)(4).

performance of a contract or subcon(b) The terms used in this clause tract. Where a location or site of operhave the following meanings:

ations contains or includes more than (1) The term "Air Act" means the one building, plant, installation, or Clean Air Act, as amended (42 U.S.C. structure, the entire location or site 1857 et seq., as amended by Pub. L. 91 shall be deemed to be a facility except 604).

where the Director, Office of Federal (2) The term “Water Act” means Activities, Environmental Protection Federal Water Pollution Control Act, Agency, determines that independent as amended (33 U.S.C. 1251 et seq., as facilities are collocated in one geoamended by Pub. L. 92-500).

graphical area.



§ 1-1.2302–3 Compliance responsibilities.

The primary responsibility for ensuring compliance with Federal, State, or local environmental control laws and any rules, regulations, standards, or guidelines issued pursuant thereto rests with those agencies, such as the Environmental Protection Agency, charged with this responsibility under the various laws concerned. However, if the contracting officer, in the performance of his regular duties, be comes aware of any condition which involves noncompliance with clean air or water standards in any facility being used in the performance of a nonexempt agency contract, he shall notify the agency head or his designee in accordance with agency procedures. The agency head or his designee shall promptly transmit such reports to the Director, Office of Federal Activities, EPA, Washington, DC, 20460.

(e) Authority of head of an agency. Where a head of an agency, as defined in § 1-1.204, determines that the paramount interest of the United States so requires, he may exempt from the provisions of this subpart any individual or class of contracts or subcontracts, for a period of one year. Class exemptions shall follow consultation with the Director, Office of Federal Activities, EPA, Washington, DC, 20460. In the case of an individual exemption, the agency head granting the exemption shall notify the Director as soon after granting the exemption as practicable. Such notification shall describe the purpose of the contract and shall indicate the manner in which the paramount interest of the United States required that the exemption be made.

§ 1-1.2302-4 Exemptions.

Contracts and subcontracts are exempt from the requirement of this subpart and 40 CFR Part 15 in accordance with the provisions of this section (see exclusion in paragraph (c)).

(a) Transactions $100,000 and under.

Contracts and subcontracts not exceeding $100,000 are exempt.

(b) Contracts and subcontracts for indefinite quantities. Contracts and subcontracts for indefinite quantities are exempt if the contracting officer has reason to believe that the amount ordered in any year under such contract will not exceed $100,000.

(c) Exclusion. Except for small purchases, the foregoing exemptions shall not apply to a proposed contract under which the facility to be used is listed on the EPA List of Violating Facilities on the basis of a conviction either under the Air Act (42 U.S.C. 1857c-8(c)(1)) or the Water Act (33 U.S.C. 1319(c)).

(d) Facilities located outside the United States. This subpart and 40 CFR Part 15 do not apply to the use of facilities located outside the United States. The term "United States”, as used herein, includes the States, District of Columbia, Commonwealth of Puerto Rico, Virgin Islands, Guam and American Samoa, and Trust Territory of the Pacific Islands.

§ 1-1.2302–5 Withholding award.

If, pursuant to the certification in § 1-1.2302-1, the otherwise successful offeror informs the contracting officer that the EPA is considering listing a facility proposed to be used for contract performance, the contracting officer shall promptly notify the Director, Office of Federal Activities, EPA, Washington, DC, 20460, according to agency procedures, that the offeror is under consideration for award. The Director, Office of Federal Activities, EPA, after consultation with the agency involved, may request the contracting officer to delay award for a period not to exceed 15 working days. The 15 working days shall begin on the date the Director is notified by the agency that such award is under consideration. Awards shall be withheld except when such delay is likely to prejudice the agency's programs or otherwise seriously disadvantage the Government. Prompt notice shall be given to the Director in any case where such determination to award has been made.

Subpart 1-1.24—[Reserved]

Subpart 1-1.25—Recovered Materials

SOURCE: Subpart 1-1.25 appears at 43 FR 53729, Nov. 17, 1978, unless otherwise noted.

§ 1-1.2500 Scope of subpart.

source, special nuclear, or byproduct

material as defined by the Atomic This subpart prescribes policies and

Energy Act of 1954, as amended (42 procedures regarding the use of recov.

U.S.C. 2011). ered materials.

§ 1-1.2504 Procedures. § 1-1.2501 Policy.

(a) This section is applicable to all The policy of the Government is to

procurements that: (1) Use Governprocure items composed of the highest

ment specifications which specify percentage of recovered materials

minimum percentages of recovered practicable, consistent with maintain materials, and (2) involve a purchase ing a satisfactory level of competition. price for an item that: (i) exceeds

$10,000 or (ii) exceeds $10,000 for $ 1-1.2502 General.

quantities of an item or a functionally This subpart 1-1.25 implements the equivalent item purchased or acquired Solid Waste Disposal Act (42 U.S.C. during the preceding fiscal year. 3251 et seq.) as amended by the Re- (b) Solicitations and contract awards source Conservation and Recovery Act which employ Government specificaof 1976 (42 U.S.C. 6901 et seq.), and tions requiring the utilization of recovOffice of Federal Procurement Policy ered materials shall include a certificaLetter No. 77-1. The statutes require tion which, as a minimum, is as folagencies responsible for drafting or re- lows: viewing specifications to ensure that

CERTIFICATION OF RECOVERED MATERIALS they: (1) Do not exclude the use of recovered materials, (2) do not require The offeror contractor certifies that rethat items be manufactured from

covered materials will be used as required virgin materials, and (3) require recov

by specifications referenced in the solicita

tion/contract. ered materials to the maximum extent possible without jeopardizing the in (c) Requirements in Government tended end use of items. The statutes specifications involving recovered maalso require the Administrator, Envi. terials may be waived by the contractronmental Protection Agency (EPA), ing officer only after a determination to prepare guidelines on the availabil- that the items: ity. sources, and potential uses of re- (1) Are not reasonably available covered materials and associated within a reasonable period of time, or items.

(2) (i) Fail to meet the performance

standards set forth in the applicable $ 1-1.2503 Definitions.

specifications, or (ii) fail to meet the (a) "Recovered material” means ma

reasonable performance standards of terial which has been collected or re

the agency, or covered from solid waste. It includes

(3) Are not available at a reasonable reclaimed materials.

price. (b) "Solid waste" means any gar- The determination required by $ 1bage, refuse, sludge from a waste 1.2504(c)(2) may be made only on the treatment plant, water supply treat- basis of Bureau of Standards guidement plant, or air pollution control fa- lines. cility and other discarded material, including solid, liquid, semisolid, or con

PART 1-2-PROCUREMENT BY tained gaseous material resulting from

FORMAL ADVERTISING industrial, commercial, mining, and agricultural operations, and from com

Sec. munity activities. It does not include 1-2.000 Scope of part solid or dissolved material in domestic sewage, or solid or dissolved materials Subpart 1-2.1-Use of Formal Advertising in irrigation return flows or industrial

1-2.101 Meaning of formal advertising. discharges which are point sources

1-2.102 Policy. subject to permits under section 402 of 1-2.103 General requirements for formally the Federal Water Pollution Control

advertised contracts. Act, as amended (33 U.S.C. 1242), or 1-2.104 Types of contracts.

Subpart 1-2.4-Opening of Bids and Award of


Sec. 1-2.104-1 General. 1-2.104-2 Firm fixed-price contracts. 1-2.104-3 Fixed-price contracts with escala

tion. 1-2.104-4 Indefinite delivery-type con

tracts. 1-2.105 Solicitation for information or

planning purposes. I 1-2.106 Procurement management reviews.

Subpart 1-2.2—Solicitation of Bids 1-2.201 Preparation of invitations for bids. 1-2.202 Miscellaneous rules for solicitation

of bids. 1-2.202-1 Bidding time. 1-2.202-2 Telegraphic bids. 1-2.202-3 Place and method of delivery of

supplies. 1-2.202-4 Bid samples. 1-2.202-5 Descriptive literature. 1-2.202-6 Final review of invitations for

bids. 1-2.203 Methods of soliciting bids. 1-2.203-1 Mailing or delivering to prospec

tive bidders. 1-2.203-2 Displaying in public places. 1-2.203-3 Publicity in newspapers and

trade journals. 1-2.203-4 Synopses of invitations for bids. 1-2.204 Records of invitations for bids and

records of bids. 1-2.205 Bidders mailing lists. 1-2.205-1 Establishment of lists. 1-2.205-2 Removal of names from bidders

mailing lists. 1-2.205-3 Reinstatement on bidders mail

ing lists. 1-2.205-4 Excessively long bidders mailing

lists. 1-2.205-5 Release of bidders mailing lists. 1-2.206 Small business and labor surplus

area set-asides. 1-2.207 Amendment of invitations for bids. 1-2.208 Cancellation of invitations before

opening. 1-2.209 Qualified products.

Sec. 1-2.401 Receipt and safeguarding of bids. 1-2.402 Opening of bids. 1-2.403 Recording of bids. 1-2.404 Rejection of bids. 1-2.404-1 Cancellation of invitation after

opening. 1-2.404-2 Rejection of individual bids. 1-2.404-3 Notice to bidders of rejection of

all bids. 1-2.404-4 Restrictions on disclosure of de

scriptive literature. 1-2.404-5 All or none qualifications. 1-2.405 Minor informalities or irregulari

ties in bids. 1-2.406 Mistakes in bids. 1-2.406-1 General. 1-2.406-2 Apparent clerical mistakes. 1-2.406-3 Other mistakes disclosed before

award. 1-2.406-4 Disclosure of mistakes after

award. 1-2.407 Award. 1-2.407-1 General. 1-2.407-2 Responsible bidder-reasonable

ness of price. 1-2.407-3 Discounts. 1-2.407-4 Price escalation. 1-2.407-5 Other factors to be considered. 1-2.407-6 Equal low bids. 1-2.407-7 Statement and certificate of

award. 1-2.407-8 Protests against award. 1-2.408 Information to bidders. 1-2.409 Synopses of contract awards.

Subpart 1-2.5—Two-Step Formal Advertising 1-2.501 General. 1-2.502 Conditions for use. 1-2.503 Procedures. 1-2.503-1 Step One. 1-2.503-2 Step Two.

AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).

SOURCE: 29 FR 10141, July 24, 1964, unless otherwise noted.

Subpart 1-2.3—Submission of Bids

1-2.301 Responsiveness of bids. 1-2.302 Time of bid submission. 1-2.303 Late bids. 1-2.303-1 General 1-2.303-2 Consideration for award. 1-2.303-3 Mailed bids. 1-2.303-4 Telegraphic bids. 1-2.303-5 Hand-carried bids. 1-2.303-6 Notification to late bidders. 1-2.303-7 Disposition of late bids. 1-2.303-8 Records. 1-2.304 Modification or withdrawal of bids. 1-2.305 Late modifications and withdraw


§ 1-2.000 Scope of part.

This part sets forth (a) the basic requirements for procurement of personal property and nonpersonal services (including construction) by formal advertising, (b) the information to be contained in solicitations of bids, (c) methods in soliciting bids, (d) policies with respect to the submission of bids, and (e) requirements with respect to the opening and evaluation of bids and the awarding of contracts.

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