cial, facilities, or other assistance must be furnished to a contractor by the Government, such extraordinary assistance should have a modifying effect in determining what constitutes a fair and reasonable profit or fee.

(j) Effect of competition. When competition is effective and proposals are on a firm-fixed-price basis, the contracting officer normally need not consider in detail the amount of estimated profit included in a price. When effective competition is lacking, and in all cases where cost analysis is performed in accordance with § 1-3.807-2(c) of this title the estimate for profit, target profit or fee, or the proposed fixed fee should be analyzed in the same manner as all other elements of price. [36 FR 21192, Nov. 4, 1971, as amended at 46 FR 62854, Dec. 29, 1981]

The definition of architect-engineer services appearing in FPR 1-4.1002(c) is applicable to those services which EPA has determined must be performed by individuals, firms, partnerships, corporations, associations, or other legal entities permitted by law to practice the professions of architecture or engineering (see FPR 14.1002(a)). The determination that the services must be performed by an architect or engineer legal entity shall be made by the project officer/manager in consultation with the contracting officer. Those services which can be performed by business entities that are not so defined in FPR 1-4.1002(a) shall be procured using formal advertising or competitive negotiation procedures as appropriate. However, those business entities permitted to practice the professions of architecture or engineering shall not be precluded from participation in the procurement action and may, if they so desire, submit offers in response to solicitations.

§ 15-4.1002-50 Initiator's responsibilities.

Initiators of procurement requests for architect-engineer services shall forward the procurement request, properly approved and indicating the availability of funds, to the Chairman of the Architect-Engineer Evaluation Board, together with a description of the services required, and an inde

pendent Government cost estimate (see FPR 1-4.1005-3).

§ 15-4.1003 Public announcements.

The responsible procuring activity shall ensure the public announcements in accordance with FPR 11.1003-3 and prepare the notices in accordance with FPR 1-1.1003-7(b)(9).

§ 15-4.1004 Selection.

§ 15-4.1004-1 Establishment of architectengineer 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 Deputy Assistant Administrator for Administration and redelegated to the Director, Contracts Management Division. The Board shall perform all Architect-Engineer evaluations on an agency basis. The Agency Board should be composed of not less than three nor more than five voting members, and one non-voting advisory member from the procuring activity. The following constitutes the minimum composition of the board:

(1) Member and Chairman. Chief, Engineering and Architectural Services Section, Facilities Management Branch, Facilities and Support Services Division;

(2) Member. A professional engineer or architect from EPA Headquarters to be designated by the Chairman;

(3) Member. A program official initiating the requirement or a designated representative; and

(4) Advisory Member. A contracting officer or his representative.

(b) The agency head or his designee may appoint either one or two additional voting members as may be appropriate for a particular project.

(c) The board members will collectively have experience in architecture, engineering, construction, related disciplines, and related procurement matters.

(d) In the event of an emergency or extended absence, a member may designate in writing, with the concurrence of the Chairman, an alternate experienced in architecture, engineer

(a) One of the objectives of the Office of Telecommunications Management, Executive Office of the President, is to insure within the Executive Branch the development of telecommunications plans and policies which will promote the optimum use of resources through better management of the radio frequency spectrum. The Director of the Office of Telecommunications Management has requested the EPA Communications Office to support this objective in order to bring about more efficient and effective frequency management throughout the Executive Branch.

(b) The Director invited Federal users of radio in December 1964, to examine procurement procedures and controls and ensure availability of adequate radio frequency support before developing and procuring communications-electronics equipment.

(c) In March 1968, the Director invited attention to the modification of the Office of Telecommunications Management's Manual of Regulations and Procedures for Radio Frequency Management. The modification required that the obligation of funds involving the selection, procurement, and development of terrestrial station sites and facilities be withheld pending assurance of the availability of appropriate frequency support.

(d) By July 1968, the Director was appraised that another related frequency support area warranted increased attention. In several instances, the Federal Communications Commission had faced difficult decisions as the result of licensing requests from civilian interests other than electronics equipment manufacturers. The development and application of communications-electronics devices were undertaken by these interests as the direct result of efforts/studies having governmental contractual support. This situation is expected to become increasingly important with the added

interest and emphasis on the part of the Executive Branch in areas such as urban development, transportation, and crime prevention.

§ 15-4.5302 Policy.

To insure that budgetary and radio frequency resources are utilized in an efficient manner and to minimize the likelihood of potential conflicts, it is the policy of EPA to:

(a) Assure the availability of radio frequency support prior to the development and procurement of communications-electronics equipment;

(b) Withhold the obligation of funds involving the selection, procurement, and development of terrestrial station sites, facilities, and related components pending assurance of the availability of appropriate frequency support; and

(c) Assure that, wherein the development and application of communications-electronics devices are undertaken as the direct result of efforts/studies having Government contractual support, adequate radio frequency resources are available prior to the completion of contractual arrangements.

(a) The chief officer responsible for procurement at the contracting activity shall submit, through administrative channels to the Communications Officer, Data and Support Systems Division (AMAD), Environmental Protection Agency, a request to determine availability of radio frequency support. The request shall contain the following information:

(1) A brief statement or circumstances establishing the need;

(2) Description of equipment required;

(3) The desired radio frequency band;

(4) The area of operation (range or radius) in which the radio frequency will perform; and

(5) The control number assigned by the chief officer responsible for procurement at the contracting activity to identify the frequency support request. (Refer to § 15-4.5303(d)).

(b) The Communications Officer will coordinate the request to assure that

§ 15-7.102-50 Authorization and consent. Insert the following clause in all fixed-price supply contracts.

AUTHORIZATION AND CONSENT

The Government hereby gives its authorization and consent (without prejudice to any rights of indemnification) for all use and manufacture, in the performance of this contract or any part hereof or any amendment hereto or any subcontract hereunder (including any lower-tier subcontract), of any invention described in and covered by a patent of the United States (i) embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract, or (ii) utilized in the machinery, tools, or methods the use of which necessarily results from compliance by the Contractor or the using subcontractor with (a) specifications or written provisions now or hereafter

forming a part of this contract, or (b) specific written instructions given by the Contracting Officer directing the manner of performance. The entire liability to the Government for infringement of a patent of the United States shall be determined solely by the provisions of the indemnity clauses, if any, included in this contract or any subcontract hereunder (including any lowertier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted.

§ 15-7.150 Required clauses for use in fixed-price service contracts.

§ 15-7.150-1 Changes.

Insert the following clause only in service contracts other than research and development.

CHANGES

The Contracting Officer may at any time, by written order, and without notice to the sureties, if any, make changes, within the general scope of this contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change. Provided, however, That the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as result of a change is included in the Contractor's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed.

§ 15-7.150-2 Inspection of services.

Insert the following clause only in service contracts other than research and development.