[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR1509.507-2]

[Page 20-21]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
               CHAPTER 15--ENVIRONMENTAL PROTECTION AGENCY
 
PART 1509--CONTRACTOR QUALIFICATIONS--Table of Contents
 
          Subpart 1509.5--Organizational Conflicts of Interests
 
Sec. 1509.507-2  Contract clause.

    (a) The Contracting Officer shall include the clause at 1552.209-71 
in all contracts in excess of the simplified acquisition threshold and, 
as appropriate, in simplified acquisition procedures. Contracts for 
other than Superfund work shall include Alternate I in this clause in 
lieu of paragraph (e).
    (b) The Contracting Officer shall include the clause at 1552.209-73 
in all solicitations and contracts for Superfund work in excess of the 
simplified acquisition threshold and, as appropriate, in small purchases 
for Superfund work.
    (c) The Contracting Officer shall include the clause at 1552.209-74 
or its alternates in the following solicitations and contracts for 
Superfund work in excess of the simplified acquisition threshold and, as 
appropriate, in simplified acquisition procedures for Superfund work. 
The Contracting Officer shall include the clause at 1552.209-74 in all 
Alternative Remedial Contracting Strategy (ARCS) solicitations

[[Page 21]]

and contracts, except Site Specific solicitations and contracts. 
Alternate I shall be used in all Time Critical Rapid Response (TCRR) 
solicitations and contracts, except site specific solicitations and 
contracts. The term ``TCRR'' in the Limitation of Future Contracting 
clauses includes not only TCRR solicitations and contracts but Emergency 
Response Cleanup Services (ERCS) and other emergency type solicitations 
and contracts. TCRR pilot scale studies are included in the term 
``treatability studies''. Alternate II shall be used in all Technical 
Assistance Team (TAT) solicitations and contracts. Alternate III shall 
be used in all Environmental Services Assistance Team (ESAT) 
solicitations and contracts. Alternate IV shall be used in all Technical 
Enforcement Support (TES) solicitations and contracts. Alternate V shall 
be used in all Superfund Headquarters Support solicitations and 
contracts. The Contracting Officer is authorized to modify paragraph (c) 
of Alternate V to reflect any unique limitations applicable to the 
program requirements. Alternate VI shall be used in all Site Specific 
solicitations and contracts.
    (d) The Contracting Officer shall insert the clause at 1552.209-75 
in Superfund solicitations and contracts in excess of the simplified 
acquisition threshold, where the solicitation or contract does not 
include (EPAAR) 48 CFR 1552.211-74, Work Assignments, Alternate I, or a 
similar clause requiring conflict of interest certifications during 
contract performance. This clause requires an annual conflict of 
interest certification from contractors when the contract does not 
require the submission of other conflict of interest certifications 
during contract performance. Contracts requiring annual certifications 
include: Site Specific contracts, the Contract Laboratory Program (CLP), 
and the Sample Management Office (SMO) contracts. The annual 
certification requires a contractor to certify that all organizational 
conflicts of interest have been reported, and that its personnel 
performing work under EPA contracts or relating to EPA contracts have 
been informed of their obligation to report personal and organizational 
conflicts of interest to the Contractor. The annual certification shall 
cover the one-year period from the date of contract award for the 
initial certification, and a one-year period starting from the previous 
certification for subsequent certifications. The certification must be 
received by the Contracting Officer no later than 45 days after the 
close of the certification period covered.

[59 FR 18619, Apr. 19, 1994, as amended at 61 FR 57337, Nov. 6, 1996]