quest for review submitted to the next administrative level within the Contracting Officer's organization. An adverse determination resulting from a request for reconsideration by the Contracting Officer will not preclude the Contractor from requesting a review by the next administrative level. Either a request for review or a request for reconsideration must be submitted to the appropriate level within 30 calendar days after receipt of the initial adverse determination. (End of clause)

[59 FR 18620, Apr. 19, 1994]

1552.210-70 Reports of work.

As prescribed in 1510.011-70, insert one of the contract clauses in this subsection when the contract requires the delivery of reports. The basic clause should be used when reports are specified in a contract attachment. Alternate I is to be used to specify reports in the contract schedule.

REPORTS OF WORK (APR 1984)

The Contractor shall prepare and deliver reports in accordance with Attachment.* * * The OMB clearance number for progress reports delivered under this contract is 20300005 with an expiration date of May 31, 1986.

MONTHLY PROGRESS REPORT-SHORT FORM (APR 1984)

The Contractor shall furnish . . . copies of monthly progress reports briefly stating the progress made, including the percentage of the project completed or of work ordered and completed as of the end of the reporting period. Specific discussions shall include difficulties encountered and remedial action taken during the reporting period and anticipated activity during the subsequent reporting period. If this contract includes cost-reimbursement elements, the report shall also provide the cumulative amount of funds expended from the effective date of the contract through the last day of the reporting period, as well as the amount of funds expended expressed as a percentage of the total contract funds. The reports shall be submitted to the following addressees on or before the... of each month following the first complete calendar month of the contract. Distribute reports as follows:

1552.210-72 Monthly progress report— cost-type contract.

As prescribed in 1510.011-72, insert the following clause:

MONTHLY PROGRESS REPORT-COST TYPE
CONTRACT (SEP 1990)

The Contractor shall furnish . . . copies of a combined monthly technical and financial progress report briefly stating the progress made, including the percentage of the project completed during the reporting period. If work is ordered using work assignments include the percentage of work ordered and completed during the reporting period. Specific discussions shall include difficulties encountered and remedial action taken during the reporting period and anticipated activity during the subsequent reporting period. In addition, the report shall specify contract financial status as follows: (a) For term from contracts, provide:

(1) Cumulative totals for the contract amounts obligated, amounts claimed, and remaining available funds. Available funds are defined as the total obligated amount less total amounts claimed.

(2) Cumulative labor hours and dollars, broken out by prime and subcontractor labor category, expended from the effective date of the contract through the last day of the current reporting month. Include a cumulative incurred cost per direct labor hour average computation and compare the result to the cumulative average cost per direct labor

hour derived from the estimated cost of the contract.

(3) Actual costs and direct labor hours expended during the current reporting month.

(4) Estimated costs and direct labor hours to be expended during the next reporting period.

(5) Actual costs and direct labor hours incurred for each work assignment issued and estimates of costs and man hours required to complete each work assignment.

(b) For completion form contracts, provide a graph using a vertical axis for dollars and a horizontal axis for time increments that shows the actual and projected rate of expenditures against the total estimated cost of the contract.

(c) This submission does not change the notification requirements of the "Limitation of Cost" or "Limitation of Funds" clauses requiring separate written notice to the Contracting Officer.

(d) The reports shall be submitted to the following addressees on or before the of each month following the first complete calendar month of the contract. Distribute reports as follows:

1552.210-73 Monthly Progress Report-Time and Materials or Labor Hour Contract.

As prescribed in 1510.011-73, insert the following clause:

MONTHLY PROGRESS REPORT-TIME and MaTERIALS OR LABOR HOUR CONTRACT (SEP 1990)

(a) The contractor shall furnish . . . copies of a combined monthly technical and financial progress report briefly stating the progress made, including the number of hours expended during the reporting period and cumulatively, and the percentage of the project work remaining. Specific discussions shall include difficulties encountered and remedial action taken during the reporting period and anticipated activity during the subsequent reporting period.

(b) The report shall include the following financial information:

(1) Cumulative totals for the contract amounts obligated, amounts claimed, and remaining available funds. Available funds are defined as the total obligated amount less total amount claimed;

(2) Cumulative labor hours and dollars, broken out by prime and subcontractor labor category, expended from the effective date of the contract through the last day of the current reporting period;

(3) Actual costs and labor hours expended during the current month;

(4) Estimated costs and labor hours to be expended during the next reporting period.

(c) The reports shall be submitted to the following addresses on or before the _____ of each month following the first complete calendar month of the contract. Distribute reports as follows:

(1) Delivery order number, date and title; (2) EPA client organization;

(3) Period of performance, including explanations for any extensions that may be needed;

(4) Number of hours, loaded rate applied, and corresponding total dollar amount expended for each employee (by name) within all labor categories employed during the reporting period;

(5) Cumulative number of hours and corresponding dollar amounts expended to date by labor category;

(6) Cumulative listing of all invoices submitted including invoice number, date submitted, period of invoice, total amount of invoice, and amount paid;

1552.210-77 Final reports.

As prescribed in 1510.011-77, insert this contract clause when a contract requires a draft and a final report.

FINAL REPORTS (APR 1984)

(a) "Draft Report"-The Contractor shall submit to the Project Officer copies of the draft final report on or before (date) -The Contractor shall furnish to the Contracting Officer a copy of the letter transmitting the draft. The draft shall be typed double-spaced or space-and-a-half and shall include all pertinent material required in the final report. The Government will review for approval or disapproval the draft and provide a response to the Contractor within — calendar days after receipt. If the Government does not provide a response within the allotted review time, the Contractor immediately shall notify the Contracting Officer in writing.

(b) "Final Report"-The Contractor shall deliver a final report on or before the last day of the period of performance specified in the contract. Distribution is as follows:

1552.210-79 Compliance

with EPA Policies for Information Resources Management.

As prescribed in 1510.011-79, insert the following clause:

COMPLIANCE WITH EPA POLICIES FOR INFORMATION RESOURCES MANAGEMENT (SEP 1991)

(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.

(5) Services that are subject to the Brooks Act of 1965, as amended (Pub. L. 89-306).

(b) General. The contractor shall perform any IRM related work under this contract in accordance with the IRM policies set forth in this clause.

(c) IRM Policies. The EPA policies for IRM are set forth in the following Directives: (1) Agency Directives.

2100 Information Resources Management Policy Manual; 1987 Manual; 1987 (EPA/ IRM-87/2100).

2115 Guide for ADP Reviews; 1984 (EPA/ IRM-84/2115).

2160 Records Management Manual; 1984 (EPA/IRM-84/2160).

2190 Privacy Act Manual; 1986 (EPA/IRM-86/ 2190).

2180.1 EPA Order-Chemical Abstract Services Registry Number Data Standard; 6/ 26/87 (EPA/IRM-87/21801).

2180.2 EPA Order-Data Standards for the Electronic Transmission of Laboratory Measurement Results; 12/10/87 (EPA/IRM87/21802).

(3) National Data Processing Division (NDPD) Directives.

NDPD Operational Policies Manual; 10/88 (EPA/IRM-88/500).

Guide to NCC Services; 1/90.
LAN Administrator's Technical Reference
Guide; 12/89.

(d) EPA IRM Policy Documents. Information on how to obtain copies of the documents in paragraph (c) of this clause may be obtained by written request to: U.S. Environmental Protection Agency, Office of Information Resources Management, Information Management and Services Division, Mail Code: PM211D, 401 M Street SW., Washington, DC 20460.

(e) Additional IRM Directives. Attachment(s) to this contract may include revised directives and directives otherwise not referenced in paragraph (c) of this clause. Compliance with these directives is as required under paragraph (b) of this clause.

(f) Change orders. In accordance with the Changes clause, the Contracting Officer may revise, delete, or add IRM directives. Any adjustment to this contract arising from such a change shall be in accordance with the procedures for an equitable adjustment under the Changes clauses.

[56 FR 42236, Aug. 27, 1991]

1552.210-80 Annual certification.

As prescribed in 1510.011-80, insert the following clause:

ANNUAL CERTIFICATION (MAY 1994)

The Contractor shall submit an annual conflict of interest certification to the Contracting Officer. In this certification, the Contractor shall certify annually that, to the best of the Contractor's knowledge and belief, all actual or potential organizational conflicts of interest have been reported to EPA. In addition, in this annual certification, the Contractor shall certify that it has informed its personnel who perform work under EPA contracts or relating to EPA contracts of their obligation to report personal

and organizational conflicts of interest to the Contractor. Such certification must be signed by a senior executive of the company and submitted in accordance with instructions provided by the Contracting Officer. The initial certification shall cover the oneyear period from the date of contract award, and all subsequent certifications shall cover successive annual periods thereafter, until expiration or termination of the contract. The certification must be received by the Contracting Officer no later than 45 days after the close of the certification period covered.

(End of clause)

[59 FR 18623, Apr. 19, 1994]

1552.212-70 Level of effort-cost-reimbursement term contract.

As prescribed in 1512.104(a), insert the following contract clause in cost-reimbursement term contracts including cost contracts without fee, cost-sharing contracts, cost-plus-fixed-fee (CPFF) contracts, cost-plus-incentivefee contracts (CPIF), and cost-plusaward-fee contracts (CPAF).

LEVEL OF EFFORT COST-REIMBURSEMENT
TERM CONTRACT (APR 1984)

(a) The Contractor shall perform all work and provide all required reports within the level of effort specified below. The Government hereby orders- -direct labor hours for the base period, which represents the Government's best estimate of the level of effort to fulfill these requirements.

(b) Direct labor includes personnel such as engineers, scientists, draftsmen, technicians, statisticians, and programmers and not support personnel such as company management, typists, and key punch operators even though such support personnel are normally treated as direct labor by the Contractor. The level of effort specified in paragraph (a) includes Contractor, subcontractor, and consultant labor hours.

(c) If the Contractor provides less than 90 percent of the level of effort specified for the base period or any optional period ordered, an equitable downward adjustment of the fixed fee, if any, for that period will be made. The Government may require the Contractor to provide additional effort up to 110 percent of the level of effort for any period until the estimated cost for that period has been reached. However, this additional effort shall not result in any increase in the fixed fee, if any. If this is a cost-plus-incentive-fee (CPIF) contract, the term "fee" in this paragraph means "base fee and incentive fee." If this is a cost-plus-award-fee (CPAF) contract, the term "fee" in this paragraph means "base fee and award fee."

(d) If the level of effort specified to be ordered during a given base or option period is not ordered during that period, that level of effort may not be acumulated and ordered during a subsequent period.

(e) These terms and conditions do not supersede the requirements of either the "Limitation of Cost" or "Limitation of Funds" clauses.

(End of clause)

1552.212-71 Work assignments.

As prescribed in 1512.104(b), insert the following contract clause in cost-reimbursement type term form contracts when work assignments are to be used.

WORK ASSIGNMENTS (APR 1984)

(a) The contractor shall perform work under this contract as specified in written work assignments issued by the Contracting Officer.

(b) Each work assignment will include (1) a numerical designation, (2) the estimate of required labor hours, (3) the period of performance and schedule of deliverables, and (4) the description of the work.

(c) The Contractor shall acknowledge receipt of each work assignment by returning to the Contracting Officer a signed copy of the work assignment within calendar days after its receipt. The Contractor shall begin work immediately upon receipt of a work assignment. Within calendar days after receipt of a work assignment, the Contractor shall submit

copies of a work

days after its submission, the Contractor shall stop work on that work assignment. Also, if the Contracting Officer disapproves a work plan, the Contractor shall stop work until the problem causing the disapproval is resolved. In either case, the Contractor shall resume work only when the Contracting Officer finally approves the work plan.

(d) This clause does not change the requirements of the "Level of Effort" clause, nor the notification requirements of either. the "Limitation of Cost" or "Limitation of Funds" clauses.

(e) Work assignments shall not allow for any change to the terms or conditions of the contract. Where any language in the work assignment may suggest a change to the terms or conditions, the Contractor shall immediately notify the Contracting Officer.