above the organization initating the requirement or at the second level when award is to be made during the fourth fiscal quarter.

(2) All other requirements shall be approved by the Associate, Assistant or Regional Administrator.

(3) Copies of the written justification for consulting services valued at $50,000 or more (including options) shall be forwarded to the EPA Inspec

tor General within 10 days of approval of the justification. The program office shall also forward a copy of the justification, regardless of dollar value, to the Budget Preparation and Control Branch, Office of Comptroller, within 10 days of approval of the justification.

[49 FR 8864, Mar. 8, 1984; 49 FR 24734, June 15, 1984]

Sec.

PART 1542-CONTRACT

ADMINISTRATION

rates in accordance with EPA Contracting Officer determination procedures.

(b) Procedures. FAR 42.703 provides that a single agency shall be responsible for establishing indirect cost rates (final and billing) for each business unit, which shall be binding on all Government agencies and their contracting activities. Depending upon the particular contractor involved, EPA may or may not be the cognizant Agency for establishing indirect cost rates. The following procedures shall be followed in establishing and incorporating final indirect cost rates into contracts.

(1) Where EPA is the cognizant agency. (i) The Cost Policy and Rate Negotiation Section (CPRN) shall coordinate with the audit activity and the affected Federal Government agencies to develop a negotiation postion, conduct negotiations with the Contractor, prepare the rate agreement, and be responsible for the execution of the agreement as provided in FAR 42.705-1(b).

(ii) CPRN shall obtain from the Contractor a Certificate of Current Cost or Pricing Data where required by FAR 15.804-4.

(iii) CPRN shall distribute executed copies of the rate agreement to all EPA contracting officers (as applicable), the three cost advisory offices at Headquarters, Research Triangle Park, and Cincinnati, the finance office, other interested parties (e.g., audit offices, Office of the Inspector General), and to each affected Federal agency.

(iv) CPRN shall maintain, as required by FAR 4.801, a file for all indirect cost rates (final and billing).

(v) Upon receipt of the executed agreement, each EPA contracting activity shall place a copy in each official contract file.

(2) Where EPA is not the cognizant agency. (i) CPRN shall coordinate with audit and/or the cognizant agency to develop a negotiation positon and to receive a copy of an executed rate agreement.

(ii) CPRN shall distribute copies of the executed rate agreement to all EPA contracting offices (as applicable), the three cost advisory offices, the finance office, and other interested parties (e.g., Office of the Inspector General).

(iii) CPRN shall maintain, as required by FAR 4.801, a file for all indirect cost rates (final and billing).

(iv) Upon receipt of the executed agreement, each EPA contracting office shall place a copy in each official contract file.

(3) Newly awarded contracts. The EPA contract specialist, with the assistance of the cost advisory offices, shall place the established billing rate(s) in newly awarded contracts. Billing rates, like final indirect cost rates, may be established or revised by CPRN, the auditing activity, or another Federal Government agency.

1542.705-70 Solicitation and contract clause.

The Contracting Officer shall insert the clause in 1552.242-70, Indirect Costs, in solicitations and contracts where indirect costs apply.

1542.708 Quick-closeout procedures.

(a) The Contracting Officer or contract administrator, as appropriate, may use quick-closeout procedures for settlement of indirect costs on cost-reimbursement contracts prior to a final audit certification when the conditions specified by FAR 42.708(a) (1) through (3) have been met and: (1) The contract has an estimated cost, excluding fee of $500,000, or less, and (2) the cumulative estimated costs of one Contrator's contracts closed out using these quick-closeout procedures do not exceed $1,000,000 per contract office.

(b) Under the quick-closeout procedures, if final rates have been negotiated for all but one of the fiscal years and 25 percent or less of the total costs claimed are for that fiscal year, the Contracting Officer or contract administrator shall close the contract using one of the following rates:

(1) The previous year final rates. (2) The subsequent year final rates. (3) Provisional rates, if less than the rates in (b) (1) or (2) above.

(a) Any EPA contracting office upon being notified of a successor in interest to, or change of name of, one of its Contractors shall promptly report such information by memorandum to the Director, Procurement and Contracts Management Division (PCMD).

(b) To avoid duplication of effort on the part of EPA contracting offices in preparing and executing agreements to recognize a change of name or successor in interest, only one supplemental agreement will be prepared to effect necessary changes for all contracts between EPA and the Contractor involved. The Chief of the Policy and Quality Assurance Branch (PCMD) will, in each case, designate the contracting office responsible for taking all necessary and appropriate action with respect to either recognizing or not recognizing a successor in interest, or recognizing a change-ofname agreement.

1542.1203 Processing agreements.

(a) The responsible contracting office shall:

(1) Obtain from the Contractor a list of all affected contracts, the names and addresses of the contracting offices responsible for these contracts,

and the required documentary evidence.

(2) Verify the accuracy of the list of contracts through the Contract Information System.

(3) Draft and execute a supplemental agreement to one of the contracts affected but covering all applicable outstanding and incomplete contracts affected by the transfer of assets or change of name. A supplemental agreement number need not be obtained for contracts other than for the one under which the supplemental agreement is written. The supplemental agreement will contain a list of the contracts affected and, for distribution purposes, the names and addresses of the contracting offices having contracts subject to the supplemental agreement.

(b) Agreements and supporting documents covering successors in interest shall be reviewed for legal sufficiency by legal counsel.

(c) After execution of the supplemental agreement, the designated office shall forward an authenticated copy of the supplemental agreement to the Director, Procurement and Contracts Management Division, and to each affected contract office.

SOURCE: 49 FR 8866, Mar. 8, 1984, unless otherwise noted.

1545.000 Scope of part.

This part implements FAR Part 45, Government Property, and sets forth policy and procedures with respect to providing property for use by contractors in performance of EPA contracts.

Subpart 1545.1-General

1545.106 Government property clauses.

(a) In accordance with 1523.303-71, the Contracting Officer shall insert the contract clause at 1552.245-70 when it is anticipated that a Contractor will use Government-furnished or Contractor-acquired property in the cleanup of hazardous or toxic substances in the environment.

(b) The Contracting Officer shall insert the contract clause at 1552.24571, Government-Furnished Data, in any contract in which the Government is to furnish data to the Contractor. The data to be provided shall be identified in the clause.

(c) The Contracting Officer shall insert the contract clause at 1552.24572, Fabrication or Acquisition of Nonexpendable Property, in all cost-reimbursement type contracts or contracts with cost-reimbursement portions.

[49 FR 8866, Mar. 8, 1984; 49 FR 24734, June 15, 1984]

(a) The Contracting Officer shall ensure that Procurement Request/ Orders (EPA Form 1900-8) in excess of $25,000 be accompanied by a Quality Assurance (QA) review form for those acquisitions in the object classifications prescribed in Chapter 2 of the "Contracts Management Manual" which covers procurement request preparation.

(b) Where the QA review form provides for the submission of a QA program plan in an offeror's proposal, the Contracting Officer shall use the provision shown in 1552.246-70 in the solicitation.

(c)(1) The Contracting Officer shall include the provision contained in 1552.246-71 in the solicitation when a QA project plan is required as part of the proposal submission. The QA project plan is a specific delineation of an offeror's approach for accomplishing the QA specification in a Statement of Work.

(2) When a QA project plan is not a required part of the technical proposal, the Contracting Officer may require the QA project plan as a deliverable under the contract by use of the clause in 1552.246–72.

Subpart 1546.7-Warranties

1546.704 Authority for use of warranties.

The Contracting Officer shall ensure that the use of a warranty clause in a contract has the concurrence of the Project Officer.