[Code of Federal Regulations]
[Title 48, Volume 6]
[Revised as of October 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR1516.603-1]

[Page 35]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
               CHAPTER 15--ENVIRONMENTAL PROTECTION AGENCY
 
PART 1516_TYPES OF CONTRACTS--Table of Contents
 
   Subpart 1516.6_Time-and-Materials, Labor-Hour, and Letter Contracts
 
Sec. 1516.603-1  What is a Notice to Proceed?

    (a) A Notice to Proceed (NTP) is a type of letter contract issued 
pursuant to FAR 16.603 under which an EPA Federal Classification Series 
1102 (FCS) contracting officer or a duly authorized EPA on-scene 
coordinator with delegated procurement authority may initiate, in 
certain defined situations and subject to certain limitations and 
conditions, contracting actions to respond to certain situations as 
described in CERCLA section 104(a)(1) (42 U.S.C. 9604(a)(1)) and the 
Clean Water Act sections 311(c)(2) and (e)(1)(B) (33 U.S.C. 1321(c)(2) 
and (e)(1)(B)). An NTP may be utilized as a contractual instrument for 
certain--
    (1) Actions that EPA is authorized to undertake under CERCLA section 
104(a)(1), 42 U.S.C. 9604(a)(1), and the National Oil and Hazardous 
Substances Pollution Contingency Plan (40 CFR part 300), to respond to 
situations where any hazardous substance has been released or there is a 
substantial threat of such a release into the environment, or there is a 
release or substantial threat of release into the environment of any 
pollutant or contaminant which may present an imminent and substantial 
danger to the public health or welfare, and
    (2) Actions that EPA is authorized to undertake under sections 
311(c)(2) and (e)(1)(B) of the Clean Water Act, 33 U.S.C. 1321(c)(2) and 
(e)(1)(B), and the National Oil and Hazardous Substances Pollution 
Contingency Plan (40 CFR part 300), to respond when there is a 
discharge, or a substantial threat of a discharge (to or upon navigable 
waters, adjoining shorelines, the contiguous zone, or natural resources 
belonging to, appertaining to, or under the exclusive management of the 
United States), of oil or a hazardous substance from a vessel, onshore 
facility, or offshore facility that is a substantial threat to the 
public health or welfare. Pursuant to a class Justification For Other 
Than Full and Open Competition executed under the authority of FAR 
6.302-2 and 6.303-1(c), an NTP may be issued on a non-competitive basis.
    (b) What do subsections 1516.603-1 and 1516.603-2 cover? EPAAR 
1516.603-1 and 1516.603-2 contain information and procedures relating to 
issuance and definitization of an NTP. An NTP is subject to, and must 
comply with, the applicable requirements for letter contracts in FAR 
16.603 and the requirements in this section, and be definitized by an 
EPA FCS 1102 contracting officer.

[66 FR 12900, Mar. 1, 2001]