40 C.F.R. §§ 35.6550–35.6610

§35.6550. Procurement system standards.

40 C.F.R. § 35.6550

(a)

Recipient standards.

(1)

In addition to the procurement standards described in 2 CFR 200.317 through 200.327 and 2 CFR part 1500, the State shall comply with the requirements in the following: Paragraphs (a)(5), (a)(9), and (b) of this section, § 35.6555(c), in § 35.6565 the first sentence of the introductory text, the first sentence of paragraph (b), paragraph (d), and §§ 35.6570, 35.6575, and 35.6600. Political subdivisions and Tribes must follow all of the requirements included or referenced in this section through § 35.6610.

(2)

EPA review. EPA reserves the right to review any recipient's procurement system or procurement action under a Cooperative Agreement.

(3)

Code of conduct. The recipient must comply with the requirements of 2 CFR 200.318 (c)(1) which describes standards of conduct for employees, officers, and agents of the recipient.

(4)

Completion of contractual and administrative issues.

(i)

The recipient is responsible for the settlement and satisfactory completion in accordance with sound business judgment and good administrative practice of all contractual and administrative issues arising out of procurements under the Cooperative Agreement.

(ii)

EPA will not substitute its judgment for that of the recipient unless the matter is primarily a Federal concern.

(iii)

Violations of law will be referred to the local, State, Tribal, or Federal authority having proper jurisdiction.

(5)

Selection procedures. The recipient must have written selection procedures for procurement transactions.

(i)

EPA may not participate in a recipient's selection panel except to provide technical assistance. EPA staff providing such technical assistance:

(A)

Shall constitute a minority of the selection panel (limited to making recommendations on qualified offers and acceptable proposals based on published evaluation criteria) for the contractor selection process; and

(B)

Are not permitted to participate in the negotiation and award of contracts.

(ii)

When selecting a contractor, recipients—

(A)

May not use EPA contractors to provide any support related to procuring a State contractor.

(B)

May use the Corps of Engineers for review of State bidding documents, requests for proposals and bids and proposals received.

(6)

Award. The recipient may award a contract only to a responsible contractor, as described in 2 CFR 200.318 (h) and must ensure that each contractor performs in accordance with all the provisions of the contract. (See also § 35.6020.)

(7)

Protest procedures. The recipient must comply with the requirements described in 2 CFR 200.318 (k) regarding protest procedures.

(8)

[Reserved]

(9)

Intergovernmental agreements.

(i)

To foster greater economy and efficiency, recipients are encouraged to enter into intergovernmental agreements for procurement or use of common goods and services.

(ii)

Although intergovernmental agreements are not subject to the requirements set forth in this section through § 35.6610, all procurements under intergovernmental agreements are subject to these requirements except for procurements that are:

(A)

Incidental to the purpose of the assistance agreement; and

(B)

Made through a central public procurement unit.

(10)

Value engineering. The recipient is encouraged to include value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions.

(b)

Contractor standards—

(1)

Disclosure requirements regarding Potentially Responsible Party relationships. The recipient must require each prospective contractor to provide with its bid or proposal:

(i)

Information on its financial and business relationship with all PRPs at the site and with the contractor's parent companies, subsidiaries, affiliates, subcontractors, or current clients at the site. Prospective contractors under a Core Program Cooperative Agreement must provide comparable information for all sites within the recipient's jurisdiction. (This disclosure requirement encompasses past financial and business relationships, including services related to any proposed or pending litigation, with such parties);

(ii)

Certification that, to the best of its knowledge and belief, it has disclosed such information or no such information exists; and

(iii)

A statement that it shall disclose immediately any such information discovered after submission of its bid or proposal or after award. The recipient shall evaluate such information and if a member of the contract team has a conflict of interest which prevents the team from serving the best interests of the recipient, the prospective contractor may be declared nonresponsible and the contract awarded to the next eligible bidder or offeror.

(2)

Conflict of interest—

(i)

Conflict of interest notification. The recipient must require the contractor to notify the recipient of any actual, apparent, or potential conflict of interest regarding any individual working on a contract assignment or having access to information regarding the contract. This notification shall include both organizational conflicts of interest and personal conflicts of interest. If a personal conflict of interest exists, the individual who is affected shall be disqualified from taking part in any way in the performance of the assigned work that created the conflict of interest situation.

(ii)

Contract provisions. The recipient must incorporate the following provisions or their equivalents into all contracts, except those for well-drilling, fence erecting, plumbing, utility hook-ups, security guard services, or electrical services:

(A)

Contractor data. The contractor shall not provide data generated or otherwise obtained in the performance of contractor responsibilities under a contract to any party other than the recipient, EPA, or its authorized agents for the life of the contract, and for a period of five years after completion of the contract.

(B)

Employment. The contractor shall not accept employment from any party other than the recipient or Federal agencies for work directly related to the site(s) covered under the contract for five years after the contract has terminated. The recipient agency may exempt the contractor from this requirement through a written release. This release must include EPA concurrence.

(3)

Certification of independent price determination. The recipient must require that each contractor include in its bid or proposal a certification of independent price determination. This document certifies that no collusion, as defined by Federal and State antitrust laws, occurred during bid preparation.

(4)

Recipient's Contractors. The recipient must require its contractor to comply with the requirements in §§ 35.6270(a)(1) and (2); 35.6320 (a) and (b); 35.6335; 35.6700; and 35.6705. For additional contractor requirements, see also § 35.6710(c); 35.6590(b); and 35.6610.

Notes, amendments, and revision history

Amendments

[72 FR 24504, May 2, 2007, as amended at 73 FR 15922, Mar. 26, 2008; 79 FR 76060, Dec. 19, 2014; 87 FR 30400, May 19, 2022]

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

Amendments

[72 FR 24504, May 2, 2007, as amended at 73 FR 15922, Mar. 26, 2008; 79 FR 76060, Dec. 19, 2014; 87 FR 30400, May 19, 2022]

§35.6555. Competition.

40 C.F.R. § 35.6555

The recipient must conduct all procurement transactions in a manner providing maximum full and open competition.

(a)

Restrictions on competition. Inappropriate restrictions on competition include the following:

(1)

Placing unreasonable requirements on firms in order for them to qualify to do business;

(2)

Requiring unnecessary experience and excessive bonding requirements;

(3)

Noncompetitive pricing practices between firms or between affiliated companies;

(4)

Noncompetitive awards to consultants that are on retainer contracts;

(5)

Organizational conflicts of interest;

(6)

Specifying only a “brand name” product, instead of allowing “an equal” product to be offered and describing the performance of other relevant requirements of the procurement; and

(7)

Any arbitrary action in the procurement process.

(b)

Geographic and Indian Tribe preferences—

(1)

Geographic. When conducting a procurement, the recipient must prohibit the use of statutorily or administratively imposed in-State or local geographical preferences in evaluating bids or proposals. However, nothing in this section preempts State licensing laws. In addition, when contracting for architectural and engineering (A/E) services, the recipient may use geographic location as a selection criterion, provided that when geographic location is used, its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.

(2)

Indian Tribe. Any contract or subcontract awarded by an Indian Tribe or Indian intertribal consortium shall comply with the requirements of the Indian Self Determination Act.

(c)

Written specifications. The recipient's written specifications must include a clear and accurate description of the technical requirements and the qualitative nature of the material, product or service to be procured.

(1)

This description must not contain features which unduly restrict competition, unless the features are necessary to:

(i)

Test or demonstrate a specific thing;

(ii)

Provide for necessary interchangeability of parts and equipment; or

(iii)

Promote innovative technologies.

(2)

The recipient must avoid the use of detailed product specifications if at all possible.

(d)

Public notice. When soliciting bids or proposals, the recipient must allow sufficient time (generally 30 calendar days) between public notice of the proposed project and the deadline for receipt of bids or proposals. The recipient must publish the public notice in professional journals, newspapers, or publications of general circulation over a reasonable area.

(e)

Prequalified lists. Recipients may use prequalified lists of persons, firms, or products to acquire goods and services. The list must be current and include enough qualified sources to ensure maximum open and free competition. Recipients must not preclude potential bidders from qualifying during the solicitation period.

Notes, amendments, and revision history

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76060, Dec. 19, 2014]

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76060, Dec. 19, 2014]

§35.6565. Procurement methods.

40 C.F.R. § 35.6565

The recipient must comply with the requirements for payment to consultants described in 2 CFR 1500.10. In addition, the recipient must comply with the following requirements:

(a)

Small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more than the simplified acquisition threshold in the aggregate. If small purchase procurements are used, the recipient must obtain and document price or rate quotations from an adequate number of qualified sources.

(b)

Sealed bids (formal advertising). (For a remedial action award contract, except for Architectural/Engineering services and post-removal site control, the recipient must obtain the award official's approval to use a procurement method other than the sealed bid method.) Bids are publicly solicited and a fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price.

(1)

In order for the recipient to use the sealed bid method, the following conditions must be met:

(i)

A complete, adequate, and realistic specification or purchase description is available;

(ii)

Two or more responsible bidders are willing and able to compete effectively for the business; and

(iii)

The procurement lends itself to a fixed-price contract and the selection of the successful bidder can be made principally on the basis of price.

(2)

If the recipient uses the sealed bid method, the recipient must comply with the following requirements:

(i)

Publicly advertise the invitation for bids and solicit bids from an adequate number of known suppliers, providing them sufficient time prior to the date set for opening the bids;

(ii)

The invitation for bids, which must include any specifications and pertinent attachments, must define the items or services in order for the bidder to properly respond;

(iii)

Publicly open all bids at the time and place prescribed in the invitation for bids;

(iv)

Award the fixed-price contract in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, the recipient shall consider factors such as discounts, transportation cost, and life cycle costs in determining which bid is lowest. The recipient may only use payment discounts to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and

(v)

If there is a sound documented reason, the recipient may reject any or all bids.

(c)

Competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed-price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. If the recipient uses the competitive proposal method, the following requirements apply:

(1)

Recipients must publicize requests for proposals and all evaluation factors and must identify their relative importance. The recipient must honor any response to publicized requests for proposals to the maximum extent practical;

(2)

Recipients must solicit proposals from an adequate number of qualified sources;

(3)

Recipients must have a method for conducting technical evaluations of the proposals received and for selecting awardees;

(4)

Recipients must award the contract to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and

(5)

Recipients may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitor's qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. This method, where price is not used as a selection factor, may only be used in the procurement of A/E professional services. The recipient may not use this method to purchase other types of services even though A/E firms are a potential source to perform the proposed effort.

(d)

Noncompetitive proposals.

(1)

The recipient may procure by noncompetitive proposals only when the award of a contract is infeasible under small purchase procedures, sealed bids or competitive proposals, and one of the following circumstances applies:

(i)

The item is available only from a single source;

(ii)

The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation (a declaration of an emergency under State law does not necessarily constitute an emergency under the EPA Superfund program's criteria);

(iii)

The award official authorized noncompetitive proposals; or

(iv)

After solicitation of a number of sources, competition is determined to be inadequate.

(2)

When using noncompetitive procurement, the recipient must conduct a cost analysis in accordance with the requirements described in § 35.6585.

Notes, amendments, and revision history

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76060, Dec. 19, 2014; 87 FR 30400, May 19, 2022]

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76060, Dec. 19, 2014; 87 FR 30400, May 19, 2022]

§35.6570. Use of the same engineer during subsequent phases of response.

40 C.F.R. § 35.6570

(a)

If the public notice clearly stated the possibility that the firm or individual selected could be awarded a contract for follow-on services and initial procurement complied with the procurement requirements, the recipient of a CERCLA remedial response Cooperative Agreement may use the engineer procured to conduct any or all of the follow-on engineering activities without going through the public notice and evaluation procedures.

(b)

The recipient may also use the same engineer during subsequent phases of the project in the following cases:

(1)

Where the recipient conducted the RI, FS, or design activities without EPA assistance but is using CERCLA funds for follow-on activities, the recipient may use the engineer for subsequent work provided the recipient certifies:

(i)

That it complied with the procurement requirements in § 35.6565 when it selected the engineer and the code of conduct requirements described in 2 CFR 200.318(c)(1).

(ii)

That any CERCLA-funded contract between the engineer and the recipient meets all of the other provisions as described in the procurement requirements in this subpart.

(2)

Where EPA conducted the RI, FS, or design activities but the recipient will assume the responsibility for subsequent phases of response under a Cooperative Agreement, the recipient may use, with the award official's approval, EPA's engineer contractor without further public notice or evaluation provided the recipient follows the rest of the procurement requirements to award the contract.

Notes, amendments, and revision history

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76060, Dec. 19, 2014]

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76060, Dec. 19, 2014]

§35.6575. Restrictions on types of contracts.

40 C.F.R. § 35.6575

(a)

Prohibited contracts. The recipient's procurement system must not allow cost-plus-percentage-of-cost (e.g., a multiplier which includes profit) or percentage-of-construction-cost types of contracts.

(b)

Removal. Under a removal Cooperative Agreement, the recipient must award a fixed-price contract (lump sum, unit price, or a combination of the two) when procuring contractor support, regardless of the procurement method selected, unless the recipient obtains the award official's prior written approval.

(c)

Time and material contracts. The recipient may use time and material contracts only if no other type of contract is suitable, and if the contract includes a ceiling price that the contractor exceeds at its own risk.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6580. Reserved

40 C.F.R. § 35.6580

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6585. Cost and price analysis.

40 C.F.R. § 35.6585

(a)

General. The recipient must conduct and document a cost or price analysis in connection with every procurement action including contract modification.

(1)

Cost analysis. The recipient must conduct and document a cost analysis for all negotiated contracts over the simplified acquisition threshold and for all change orders regardless of price. A cost analysis is not required when adequate price competition exists and the recipient can establish price reasonableness. The recipient must base its determination of price reasonableness on a catalog or market price of a commercial product sold in substantial quantities to the general public, or on prices set by law or regulation.

(2)

Price analysis. In all instances other than those described in paragraph (a)(1) of this section, the recipient must perform a price analysis to determine the reasonableness of the proposed contract price.

(b)

Profit analysis. For each contract in which there is no price competition and in all cases in which cost analysis is performed, the recipient must negotiate profit as a separate element of the price. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6590. Bonding and insurance.

40 C.F.R. § 35.6590

(a)

General. The recipient must meet the requirements regarding bonding described in 2 CFR 200.326. The recipient must clearly and accurately state in the contract documents the bonds and insurance requirements, including the amounts of security coverage that a bidder or offeror must provide.

(b)

Accidents and catastrophic loss. The recipient must require the contractor to provide insurance against accidents and catastrophic loss to manage any risk inherent in completing the project.

Notes, amendments, and revision history

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76060, Dec. 19, 2014; 87 FR 30400, May 19, 2022]

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76060, Dec. 19, 2014; 87 FR 30400, May 19, 2022]

§35.6595. Contract provisions.

40 C.F.R. § 35.6595

(a)

General. Each contract must be a sound and complete agreement, and include the following provisions:

(1)

Nature, scope, and extent of work to be performed;

(2)

Time frame for performance;

(3)

Total cost of the contract; and

(4)

Payment provisions.

(b)

Other contract provisions. Recipients' contracts must include the following provisions:

(1)

Energy efficiency. A contract must comply with mandatory standards and policies on energy efficiency contained in the State's energy conservation plan, which is issued under 10 CFR part 420.

(2)

Patents inventions, and copyrights. All contracts must include notice of EPA requirements and regulations pertaining to reporting and patent rights under any contract involving research, developmental, experimental or demonstration work with respect to any discovery or invention which arises or is developed while conducting work under a contract. This notice shall also include EPA requirements and regulations pertaining to copyrights and rights to data contained in 2 CFR 200.315.

(3)

Labor standards. The recipient must comply with Appendix II to 2 CFR part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.

(4)

Conflict of interest. The recipient must include provisions pertaining to conflict of interest as described in § 35.6550(b)(2)(ii).

Notes, amendments, and revision history

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76061, Dec. 19, 2014]

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

Amendments

[72 FR 24504, May 2, 2007, as amended at 79 FR 76061, Dec. 19, 2014]

§35.6600. Contractor claims.

40 C.F.R. § 35.6600

(a)

General. The recipient must conduct an administrative and technical review of each claim before EPA will consider funding these costs.

(b)

Claims settlement. The recipient may incur costs (including legal, technical and administrative) to assess the merits of or to negotiate the settlement of a claim by or against the recipient under a contract, provided:

(1)

The claim arises from work within the scope of the Cooperative Agreement;

(2)

A formal Cooperative Agreement amendment is executed specifically covering the costs before they are incurred;

(3)

The costs are not incurred to prepare documentation that should be prepared by the contractor to support a claim against the recipient; and

(4)

The award official determines that there is a significant Federal interest in the issues involved in the claim.

(c)

Claims defense. The recipient may incur costs (including legal, technical and administrative) to defend against a contractor claim for increased costs under a contract or to prosecute a claim to enforce a contract provided:

(1)

The claim arises from work within the scope of the Cooperative Agreement;

(2)

A formal Cooperative Agreement amendment is executed specifically covering the costs before they are incurred;

(3)

Settlement of the claim cannot occur without arbitration or litigation;

(4)

The claim does not result from the recipient's mismanagement;

(5)

The award official determines that there is a significant Federal interest in the issues involved in the claim; and

(6)

In the case of defending against a contractor claim, the claim does not result from the recipient's responsibility for the improper action of others.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6605. Privity of contract.

40 C.F.R. § 35.6605

Neither EPA nor the United States shall be a party to any contract nor to any solicitation or request for proposals.

Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

§35.6610. Contracts awarded by a contractor.

40 C.F.R. § 35.6610

The recipient must require its contractor to comply with the following provisions in the award of contracts (i.e. subcontracts). (This section does not apply to a supplier's procurement of materials to produce equipment, materials and catalog, off-the-shelf, or manufactured items.)

(a)

The requirements referenced in § 35.6020.

(b)

The limitations on contract award in § 35.6550(a)(6).

(c)

[Reserved]

(d)

The requirements regarding specifications in § 35.6555 (a)(6) and (c).

(e)

The Federal cost principles in 2 CFR part 200 subpart E.

(f)

The prohibited types of contracts in § 35.6575(a).

(g)

The cost, price analysis, and profit analysis requirements in § 35.6585.

(h)

The applicable provisions in § 35.6595 (b).

(i)

The applicable provisions in § 35.6555(b)(2).

Notes, amendments, and revision history

Amendments

[72 FR 24504, May 2, 2007, as amended at 73 FR 15922, Mar. 26, 2008; 79 FR 76061, Dec. 19, 2014]

Authority

Authority: 42 U.S.C. 9601 et seq.

Source

Source: 72 FR 24504, May 2, 2007, unless otherwise noted.

Authority

Authority: 42 U.S.C. 7401 et seq.; 33 U.S.C. 1251 et seq.; 42 U.S.C. 300f et seq.; 42 U.S.C. 6901 et seq.; 7 U.S.C. 136 et seq.; 15 U.S.C. 2601 et seq.; 42 U.S.C. 13101 et seq.; Pub. L. 104-134, 110 Stat. 1321, 1321-299 (1996); Pub. L. 105-65, 111 Stat. 1344, 1373 (1997), 2 CFR 200.

Amendments

[72 FR 24504, May 2, 2007, as amended at 73 FR 15922, Mar. 26, 2008; 79 FR 76061, Dec. 19, 2014]