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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.
42 U.S.C. 9617(e); sec. 9(g), E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193.
65 FR 58858, Oct. 2, 2000, unless otherwise noted.
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Subscribe to: 40 CFR Part 35 Subpart M - Procuring a Technical Advisor or Other Contractor With TAG Funds
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(a) Your group must select a technical advisor who possesses the following credentials:
(1) Demonstrated knowledge of hazardous or toxic waste issues, relocation issues, redevelopment issues or public health issues as those issues relate to hazardous substance/toxic waste issues, as appropriate;
(2) Academic training in a relevant discipline (for example, biochemistry, toxicology, public health, environmental sciences, engineering, environmental law and planning); and
(3) Ability to translate technical information into terms your community can understand.
(b) Your technical advisor for public health issues must have received his or her public health or related training at accredited schools of medicine, public health or accredited academic institutions of other allied disciplines (for example, toxicology).
(c) Your group should select a technical advisor who has experience working on hazardous or toxic waste problems, relocation, redevelopment or public health issues, and communicating those problems and issues to the public.
Your group may not hire the following:
(a) The person(s) who wrote the specifications for the “contract” and/or who helped screen or select the contractor;
(b) In the case of a technical advisor, a person or entity doing work for the Federal or State government or any other entity at the same NPL site for which your group is seeking a technical advisor; and
(c) Any person who is on the List of Parties Excluded from Federal Procurement or NonProcurement Programs.
When procuring contractors your group:
(a) Cannot award cost-plus-percentage-of-cost contracts; and
(b) Must award only to responsible contractors that possess the ability to perform successfully under the terms and conditions of a proposed contract.
When procuring contractors your group must also:
(a) Provide opportunity for all qualified contractors to compete for your work (see § 35.4210);
(b) Keep written records of the reasons for all your contracting decisions;
(c) Make sure that all costs are reasonable in a proposed contract;
(d) Inform EPA of any proposed contract over $1,000.00;
(e) Provide EPA the opportunity to review a contract before your group awards or amends it;
(f) Perform a “cost analysis” to evaluate each element of a contractor's cost to determine if it is reasonable, allocable and allowable for all contracts over $25,000; and
[65 FR 58858, Oct. 2, 2000, as amended at 73 FR 15922, Mar. 26, 2008]
(a) The steps needed to be taken to procure goods and/or services depends on the amount of the proposed procurement:
| If the aggregate amount of the | Then your group |
|---|---|
| (1) purchase is $1,000 or less | may make the purchase as long as you make sure the price is reasonable; no oral or written bids are necessary. |
| (2) proposed contract is over $1,000 but less than $25,000 | must obtain and document oral or written bids from two or more qualified sources. |
| (3) proposed contract is $25,000 to $100,000 | must: |
| (i) Solicit written bids from three or more sources who are willing and able to do the work; | |
| (ii) Provide potential sources in the scope of work to be performed and the criteria your group will use to evaluate the bids; | |
| (iii) Objectively evaluate all bids; and | |
| (iv) Notify all unsuccessful bidders. | |
| (4) proposed contract is greater than $100,000 | must follow the procurement regulations in 2 CFR Parts 200 and 1500 (these regulations outline the standards for your group to use when contracting for services with Federal funds; they also contain provisions on: codes of conduct for the award and administration of contracts; competition; procurement procedures; cost and price analysis; procurement records; contract administration; and contracts generally). |
(b) Your group must not divide any procurements into smaller parts to get under any of the dollar limits in paragraph (a) of this section.
[65 FR 58858, Oct. 2, 2000, as amended at 79 FR 76058, Dec. 19, 2014]
In situations where only one adequate bidder can be found, your group may request written authority from the EPA award official to contract with the sole bidder.
Your group must require any prospective contractor on any contract to provide, with its bid or proposal:
(a) Information on its financial and business relationship with all PRPs at the site, with PRP parent companies, subsidiaries, affiliates, subcontractors, contractors, and current clients or attorneys and agents. This disclosure requirement includes past and anticipated financial and business relationships, and services provided to or on behalf of such parties in connection with any proposed or pending litigation;
(b) Certification that, to the best of its knowledge and belief, it has disclosed such information or no such information exists; and
(c) A statement that it will disclose to you immediately any such information discovered after submission of its bid or after award.
If, after evaluating the information in § 35.4220, your group decides a prospective contractor has a significant conflict of interest that cannot be avoided or otherwise resolved, you must exclude him or her from consideration.
(a) Is responsible for resolving all contractual and administrative issues arising out of contracts you enter into under a TAG; you must establish a procedure for resolving such issues with your contractor which complies with the provisions of 2 CFR 200.318 (k).These provisions say your group, not EPA, is responsible for settling all issues related to decisions you make in procuring advisors or other contractors with TAG funds; and
(b) Must ensure your contractor(s) perform(s) in accordance with the terms and conditions of the contract.
[65 FR 58858, Oct. 2, 2000, as amended at 79 FR 76058, Dec. 19, 2014]
Your group must include the following provisions in each of its contracts:
(a) Statement of work;
(b) Schedule for performance;
(c) Due dates for deliverables;
(d) Total cost of the contract;
(e) Payment provisions;
(f) The following clauses from 2 CFR part 200 Appendix II—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, which are available at http://www.ecfr.gov.):
(g) The following clauses from 2 CFR part 200:
(1) Remedies for breaches of contract (2 CFR part 200 Appendix II—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards)
(2) Termination by the recipient (2 CFR part 200 Appendix II—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards); and
(3) Access to records (2 CFR 200.337); and
(h) Provisions that require your contractor(s) to keep the following detailed records as § 35.4180 requires for ten years after the end of the contract:
(1) Acquisitions;
(2) Work progress reports;
(3) Expenditures; and
(4) Commitments indicating their relationship to established costs and schedules.
[65 FR 58858, Oct. 2, 2000, as amended at 79 FR 76059, Dec. 19, 2014; 87 FR 30400, May 19, 2022]