Contractor will use Government-furnished or Contractor-acquired property in the clean-up of hazardous or toxic substances in the environment. § 1523.303-72 Care of laboratory animals. Contracting officers shall insert the clause at 1552.223-72, Care of Laboratory Animals, in all contracts involving the use of experimental animals. [65 FR 58923, Oct. 3, 2000] Subpart 1523.70-Energy-Efficient Computer Equipment SOURCE: 61 FR 14506, Apr. 2, 1996, unless otherwise noted. 1523.7000 Background. (a) Executive Order 12845 requires the Federal Government to purchase only microcomputers, including personal computers, monitors and printers, which meet "EPA Energy Star" requirements for energy efficiency. This equipment is often identified by the Energy StarTм logo and is capable of entering and recovering from an energy-efficient low power state. (b) The EPA Energy Star Computer Program is a voluntary partnership effort with the computer industry to promote the introduction of energy-efficient personal computers, monitors, and printers which can reduce air pollution caused by utility power generation, and ease the burden on building air conditioning and electrical systems. The Energy Star Program is designed to be a self-certifying computer industry program, policed informally by the computer industry itself. (c) FIRMR Bulletin C-35 (dated 11/19/ 93) describes procedures that will promote the acquisition of energy-efficient microcomputers and associated computer equipment. 1523.7001 Policy. (a) The "Energy Star" Executive Order (E.O. 12845) applies to the following equipment: (1) Personal Computers (stand-alone). (2) Personal Computers (end-user on network). (3) Notebook and other portable computers. (4) PC printers - laser, inkjet or dot matrix (stand-alone or networked). (5) High-speed printers used on a PC network (less than approximately 20 pages per minute). (6) Monitors (CRT or Flat-panel LCD). (b) "Energy Star" requirements do not apply to the following equipment: (1) Workstations. (2) File servers. (3) Mainframe equipment. (4) Minicomputers. (5) High-speed printers used with mainframe (30 or more computers pages per minute). (6) Mainframe or "dumb" terminals. (7) X-terminals. (c) All new acquisitions for microcomputers, including personal computers, monitors, and printers, shall contain specifications which meet EPA Energy Star requirements for energy efficiency unless a waiver has been obtained in accordance with internal Agency procedures. The EPA Energy Star requirement applies in instances where the Contracting Officer authorizes the contractor to acquire property in accordance with FAR 45.302-1. (d) The Energy Star requirement also applies to all applicable equipment ordered from GSA Schedule Contracts, open market buys, and Bankcard purchases. 1523.7002 Waivers. (a) There are several types of computer equipment which technically fall under the current Energy Star Program, but for which EPA established blanket waivers because Energy Star compliant versions of this equipment were unavailable in the marketplace. Blanket waivers apply to the following types of equipment: (1) LAN servers, including file servers; application servers; communication servers; including bridges and routers; (2) UNIX RISC based processors with their high-end monitors; (3) Large LAN printers (greater than 19 pages/minute output); and (4) Scientific computing equipment which is used for real-time data acquisition and which, if subjected to a power down mode, would jeopardize the research project. (b) It is anticipated that there will be Energy Star models of this equipment in the future, but in the near term EPA will not specify Energy Star qualifications when purchasing the items listed in this section. 1523.7003 Contract clause. (a) Rehabilitation Act Notice. Contracting officers shall insert the clause at 1552.239-70, Rehabilitation Act Notice, or one substantially the same as this clause, in all solicitations and contracts where the contractor may be required to provide any type of support to EPA in connection with EPA programs and activities, including conferences, symposia, workgroups, meetings, etc. (b) The Contracting Officer shall insert a clause substantially the same as 48 CFR 1552.239-103, Acquisition of Energy Star Compliant Microcomputers, Including Personal Computers, Monitors, and Printers, in all solicitations and contracts for the acquisition of microcomputers, including personal computers, monitors and printers. The Contracting Officer shall also insert the clause in solicitations and contracts where the Contracting Officer authorizes the contractor to acquire property in accordance with FAR 45.302-1. [61 FR 14506, Apr. 2, 1996, as amended at 65 FR 58923, Oct. 3, 2000] PART 1524-PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION Subpart 1524.1-Protection of Individual Privacy Sec. 1524.104 Solicitation provisions. Subpart 1524.2-Freedom of Information Act [Reserved] AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). Subpart 1524.1-Protection of 1524.104 Solicitation provisions. The Contracting Officer shall insert the provision at 1552.224-70, Social Security Numbers of Consultants and Certain Sole Proprietors and Privacy Act Statement, in all solicitations. [49 FR 8858, Mar. 8, 1984] Subpart 1524.2-Freedom of Information Act [Reserved] PART 1525-FOREIGN ACQUISITION Subpart 1525.1-Buy American Act-Supplies [Reserved] Subpart 1527.4-Rights in Data 1527.404 Basic rights in data clause. The Contracting Officer shall insert in the Limited Rights Notice when using Alternate II of FAR 52.227-14 the following purposes for disclosure of limited data outside the Government. (a) Use (except for manufacture) by support service contractors; (b) Evaluation by nongovernment evaluators; (c) Use (except for manufacture) by other contractors participating in the Government's program of which the specific contract is a part, for information and use in connection with the work performed under each contract; (d) Emergency repairs or overhaul work; (e) Release to a foreign government, or instrumentality thereof, as the interests of the United States Government may require, for information or evaluation, or for emergency repair or overhaul work by such government. [55 FR 48623, Nov. 21, 1990] 1527.409 Solicitation provisions and contract clauses. The Contracting Officer shall insert the clause in 1552.227-76 in all Superfund solicitations and contracts in excess of the simplified acquisition threshold and, as appropriate, in simplified acquisition procedures. The clause may be used in other contracts if considered necessary by the Contracting Officer. [59 FR 18620, Apr. 19, 1994, as amended at 61 FR 57339, Nov. 6, 1996] PART 1528-INSURANCE Subpart 1528.1-Insurance 1528.101 Insurance liability to third persons. Contracting officers shall insert the clause at 1552,228-70, Insurance Liability to Third Persons, in cost-reimbursement solicitations and contracts, except those for construction and architect-engineer services. NOTE: This clause may be used in contracts awarded utilizing architect-engineer services such as requirements for Superfund cleanups (e.g., response action contracts). The clause does not apply to Superfund indemnification for third party pollution liability or coverage for commercial pollution liability insurance as prescribed by section 119 of CERCLA as amended by SARA. [65 FR 58923, Oct. 3, 2000] PART 1529-TAXES Subpart 1529.3-State and Local Taxes 1529.303 Application of State and local taxes to Government contractors and sub contractors. Subpart 1529.4-Contract Clauses 1529.401 Domestic contracts. 1529.401-70 Cost-reimbursable type contracts. AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). SOURCE: 54 FR 49998, Dec. 4, 1989, unless otherwise noted. Subpart 1529.3-State and Local Taxes 1529.303 Application of State and local taxes to Government contractors and subcontractors. Contractors are responsible for determining the availability of State and local tax exemptions and obtaining such exemptions, if available, unless the Contracting Officer determines Subpart 1532.8—Assignment of Claims 1532.805 Procedure. 1532.805-70 Forms. Subpart 1532.9-Prompt Payment 1532.908 Contract clauses. AUTHORITY: Sec. 205(c), 63 Stat. 390, as amended, 40 U.S.C. 486(c). SOURCE: 49 FR 8858, Mar. 8, 1984, unless otherwise noted. 1532.006 Reduction or suspension of contract payments upon finding of fraud. 1532.006-1 General. (a)-(b) [Reserved] (c) Agency responsibilities and determinations under FAR 32.006 are, consistent with FAR 32.006-1(c), delegated to the Head of the Contracting Activity, if that individual is not below Level IV of the Executive Schedule. If the Head of the Contracting Activity is below Level IV of the Executive Schedule, then Agency responsibilities and determinations under FAR 32.006 are delegated to the Assistant Administrator for Administration and Resources Management. [65 FR 37292, June 14, 2000] |