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AUTHORITY: Sec. 205(c), 63 Stat. 390; 40 U.S.C. 486(c).
SOURCE: 41 FR 50689, Nov. 17, 1976, unless otherwise noted.
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)
§ 15-4.1000 Scope of subpart.
This subpart establishes the Environmental Protection Agency Architect-Engineer Evaluation Board, clarifies the definition of architect-engineer services, establishes initiator responsibilities, designates the authorized representative of the agency head, and requires consideration of minority business enterprises.
Subpart 15-3.51–Protests Against
$ 15-3.5100 Protests against award.
Protests against awards of negotiated procurements shall be treated substantially in accordance with $ 152.407-8. [37 FR 10727, May 27, 1972]
PART 15-4-SPECIAL TYPES AND METHODS OF PROCUREMENT
Subpart 15-4.10—Architect-Engineer Services
Sec. 15-4.1000 Scope of subpart. 15-4.1002 Definitions. 15-4.1002-50 Initiator's responsibilities. 15-4.1003 Public announcements. 15-4.1004 Selection. 15-4.1004-1 Establishment of architect-en
gineer evaluation boards. 15-4.1004-3 Evaluation criteria. 15-4.1004-4 Action by agency head or his
authorized representative. 15-4.1004-5 Procedure for procurements
estimated not to exceed $10,000. 15-4.1007-50 Minority Business enter
§ 15-4.1002 Definitions.
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
Subpart 15-4.53—Procurements Involving Use
of Radio Frequencies 15-4.5300 Scope of subpart. 15-4.5301 General. 15-4.5302 Policy. 15-4.5303 Procedures.
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).
ing, or construction to serve in his absence.
(e) The duties of the advisory member shall include but not be limited to the following:
(1) Assuring that the criteria set forth in the public notice is applied in the evaluation process; and
(2) That actions taken during the evaluation process do not compromise subsequent procurement actions. $ 15-4.1004-3 Evaluation criteria.
In evaluating Architect-Engineer firms, the Board shall apply the following in addition to the criteria set forth in FPR 1-4.1004-3 (a) through (d) and the public notice on a particular contract.
(e) The volume of work previously awarded to the firm by EPA, with the object of effecting an equitable distribution of architect-engineer contracts among qualified firms including small businesses and minority-owned firms that have not had prior EPA contracts.
§ 15-4.1004 Selection. § 15-4.1004-1 Establishment of architect
engineer 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
int 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
8 15-4.1004-4 Action by agency head or
his authorized representative. The Director, Contracts Management Division, shall review the recommendations of the Architect-Engineer Evaluation Board in accordance w FPR 1-4.1004-4.
S 15-4.1004-5 Procedure for procurements
estimated not to exceed $10,000. Authorization is given for the use of one of the procedures set forth in FPR 1-4.1004-5 (a) and (b) in lieu of the procedures prescribed by FPR 14.1004-2 (b) and (c) and actions prescribed by FPR 1-4.1004-4.
8 15-4.1007–50 Minority business enter
prises. Participation of minority business enterprises shall be facilitated in accordance with the provisions of FPR 1-1.13.
Subpart 15-4.53–Procurements Involving Use of Radio Frequencies
SOURCE: 37 FR 21637, Oct. 14, 1972, unless otherwise noted.
& 15-4.5300 Scope of subpart.
interest and emphasis on the part of This subpart provides background
the Executive Branch in areas such as information and prescribes the policy
urban development, transportation, and procedures applicable to contrac
and crime prevention. tual commitments involving radio fre
8 15-4.5302 quencies.
To insure that budgetary and radio 8 15-4.5301 General.
frequency resources are utilized in an (a) One of the objectives of the efficient manner and to minimize the Office of Telecommunications Man- likelihood of potential conflicts, it is agement, Executive Office of the the policy of EPA to: President, is to insure within the Ex (a) Assure the availability of radio ecutive Branch the development of frequency support prior to the develtelecommunications plans and policies opment and procurement of communiwhich will promote the optimum use cations-electronics equipment; of resources through better manage (b) Withhold the obligation of funds ment of the radio frequency spectrum. involving the selection, procurement, The Director of the Office of Telecom and development of terrestrial station munications Management has request sites, facilities, and related compoed the EPA Communications Office to
nents pending assurance of the availsupport this objective in order to bring ability of appropriate frequency supabout more efficient and effective fre
port; and quency management throughout the
(c) Assure that, wherein the developExecutive Branch.
ment and application of communica(b) The Director invited Federal
tions-electronics devices are undertakusers of radio in December 1964, to ex
en as the direct result of efforts/studamine procurement procedures and
ies having Government contractual controls and ensure availability of ade
support, adequate radio frequency requate radio frequency support before
sources are available prior to the comdeveloping and procuring communica
pletion of contractual arrangements. tions-electronics equipment. (c) In March 1968, the Director invit
$ 15-4.5303 Procedures. ed attention to the modification of the Office of Telecommunications Man
(a) The chief officer responsible for agement's Manual of Regulations and
procurement at the contracting activiProcedures for Radio Frequency Man
ty shall submit, through administraagement. The modification required
tive channels to the Communications that the obligation of funds involving
Officer, Data and Support Systems Dithe selection, procurement, and devel
vision (AMAD), Environmental Protecopment of terrestrial station sites and
tion Agency, a request to determine facilities be withheld pending assur
availability of radio frequency supance of the availability of appropriate
port. The request shall contain the folfrequency support.
lowing information: (d) By July 1968, the Director was
(1) A brief statement or circumappraised that another related fre
stances establishing the need; quency support area warranted in
(2) Description of equipment recreased attention. In several instances, quired; the Federal Communications Commis (3) The desired radio frequency sion had faced difficult decisions as
band; the result of licensing requests from
(4) The area of operation (range or civilian interests other than electron radius) in which the radio frequency ics equipment manufacturers. The de will perform; and velopment and application of commu (5) The control number assigned by nications-electronics devices were un the chief officer responsible for prodertaken by these interests as the curement at the contracting activity to direct result of efforts/studies having identify the frequency support regovernmental contractual support. quest. (Refer to g 15-4.5303(d)). This situation is expected to become (b) The Communications Officer will increasingly important with the added coordinate the request to assure that
the frequency band is properly allocated and will process all applications to secure the frequency assignment.
(c) The Communications Officer will inform the chief officer responsible for procurement at the contracting activity through administrative channels, of the result of such coordination.
(d) The control number assigned to the request shall be used in all subsequent actions for identification of the specific transaction.
PART 15–7–CONTRACT CLAUSES
15-7.402-50 Printing. 15-7.402-51 Rights in data. 15-7.402-52 Data requirements. 15-7.402-53 Gratuities. 15-7.402-54 Authorization and consent. 15-7.402-55 Background patent rights. 15-7.402-56 Insurance. 15-7.403 Clauses to be used when applica
ble. 15-7.403-50 Insurance (Partial Immunity). 15-7.403-51 Treatment of confidential busi
ness information. 15-7.403-52 Screening business informa
tion for claims of confidentiality. 15-7.450 Required clauses for use in cost
reimbursement type contracts with educational and other nonprofit institu
tions. 15-7.450-1 Insurance. 15-7.450-2 Negotiated overhead rates. 15-7.450-3 Printing. 15-7.450-4 Gratuities. 15-7.450-5 Data requirements. 15-7.450-6 Rights in data. 15-7.450-7 Background patent rights. 15-7.450-8 Authorization and consent. 15-7.451 Clauses to be used when applica
ble. 15-7.451-1 Insurance (Partial Immunity). 15-7.451-2 Treatment of confidential busi
ness information. 15-7.451-3 Screening business information
for claims of confidentiality.
Subpart 15-7.1—Fixed-Price Supply Contracts 15-7.100 Scope of subpart. 15-7.102 Required clauses for use in fixed
price supply contracts. 15-7.102-50 Authorization and consent. 15-7.150 Required clauses for use in fixed
price service contracts. 15-7.150-1 Changes. 15–7.150-2 Inspection of services. 15-7.150-3 Payments. 15-7.150-4. Protection of Government
buildings, equipment, and vegetation. 15-7.150-5 Fair Labor Standards Act and
Service Contract Act-Price Adjustments.
Subpart 15-7.6—Fixed-Price Construction
Subpart 15-7.2—Cost-Reimbursement Supply
Subpart 15-7.3—Fixed-Price Research and
15-7.300 Scope of subpart. 15-7.302 Required clauses. 15-7.302-50 Printing. 15-7.302-51 Rights in data. 15-7.302-52 Data requirements. 15-7.302-53 Background patent rights. 15-7.302-54 Gratuities. 15-7.302-55 Authorization and consent. 15-7.350 Clauses to be used when applica.
ble. 15-7.350-1 Treatment of confidential busi
ness information. 15-7.350-2 Screening business information
for claims of confidentiality.
15-7.600 Scope of subpart. 15-7.602 Required clauses. 15-7.602-50 Composition of contractor. 15-7.602-51 Subcontractors. 15-7.602-52 Samples and certificates. 15-7.602-53 Performance of work by con
tractor. 15-7.604-54 Use of premises. 15-7.602-55 Safety and health. 15-7.602-56 Guarantees. 15-7.602-57 Layout of work. 15-7.602-58 Cleaning up. 15-7.602-59 Modification proposals-price
breakdown. 15-7.602-60 Breakdown for payment esti
mates. 15-7.602-61 Specifications and drawings. 15-7.602-62 Rights in shop drawings. 15-7.602-63 As-built drawings. 15-7.602-64 Standard references. 15-7.602-65 Progress charts and require
ments for overtime work.
Subpart 15-7.4—Cost-Reimbursement Type
Research and Development Contracts
15-7.400 Scope of subpart. 15-7.402 Required clauses for use in cost
reimbursement type research and devel. opment contracts with fixed fee.
15-7.5000 Scope of subpart. 15-7.5002 Required clauses.
AUTHORITY: 40 U.S.C. 486(c), unless otherwise noted.
SOURCE: 42 FR 33737, July 1, 1977, unless otherwise noted.
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.
$ 15-7.000 Scope of part.
This part sets forth uniform EPA contract clauses that are either mandatory or for use when applicable in connection with the procurement of personal property and nonpersonal services (including construction). The same method as in FPR Part 1-7 is used, where possible, to group the clauses. When the FPR grouping cannot be used, the clauses are prescribed in a separate Subpart 15-7.50.
§ 15-7.150-1 Changes.
Insert the following clause only in service contracts other than research and development.
Subpart 15-7.1–Fixed Price Supply
$ 15-7.100 Scope of subpart.
This subpart sets forth uniform contract clauses for use in fixed-price supply contracts and fixed-price service contracts other than research and development in addition to those prescribed in FPR 1-7.1. For convenience, these clauses are reproduced on EPA Forrn 1900-33 and EPA Form 1900-24 respectively.
8 15-7.102 Required clause for use in
fixed-price supply contracts.
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.
8 15-7.102-50 Authorization and consent.
Insert the following clause in all fixed-nrina supply contracts.
AUTHORIZATION AND CONSENT The Government hereby gives its authori. zation 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
8 15-7.150-2 Inspection of services.
Insert the following clause only in service contracts other than research and development.