Section 663.630 Contracts for Personal and Professional Services

Section 663.630  Contracts for Personal and Professional

Services

All subagreements for personal and professional services for

design or construction expected to exceed $25,000 in the aggregate shall

include the following subagreement provisions.

a)         Subagreements

for personal and professional construction services shall include:

1)         Evidence

that affirmative steps have been taken in accordance with 40 CFR 33 to assure

that disadvantaged business enterprises are used when possible as sources of

supplies, equipment, construction, and services consistent with the provisions

of the Agency's Operating Agreement with USEPA.

2)         An audit and access to

records clause that provides as follows:

A)        Subsections

(a)(2)(B) through (E) shall be included in all contracts and all subcontracts

directly related to project services that are in excess of $25,000.

B)        Books,

records, documents, and other evidence directly pertinent to performance of

PWSLP loan work under this agreement shall be maintained in accordance with generally

accepted accounting principles.  The Agency or any of its authorized representatives

shall have access to the books, records, documents, and other evidence for the

purpose of inspection, audit, and copying.  Facilities shall be provided for

access and inspection.

C)        Audits

conducted pursuant to this provision shall be in accordance with auditing

standards generally accepted in the United States.

D)        All

information and reports resulting from access to records pursuant to subsection

the books, records, documents, and other evidence for the

purpose of inspection, audit, and copying.  Facilities shall be provided for

access and inspection.

C)        Audits

conducted pursuant to this provision shall be in accordance with auditing

standards generally accepted in the United States.

D)        All

information and reports resulting from access to records pursuant to subsection

(a)(2)(B) shall be disclosed to the Agency.  The auditing agency shall afford

the engineer an opportunity for an audit exit conference and an opportunity to

comment on the pertinent portions of the draft audit report.  The final audit

report shall include the written comments, if any, of the audited parties.

E)        Records

under subsection (a)(2)(B) shall be maintained and made available during

performance of project services under this agreement and for 3 years after the

final loan closing.  In addition, those records that relate to any dispute pursuant

to Section 663.650 (Disputes), litigation, the settlement of claims arising out

of project performance, or costs or items to which an audit exception has been

taken shall be maintained and made available for 3 years after the resolution

of the appeal, litigation, claim, or exception.

3)         A

covenant against contingent fees clause in accordance with 48 CFR 52.203.5:

"The professional services

contractor warrants that no person or selling agency has been employed or

retained to solicit or secure this contract upon an agreement or understanding

for a commission, percentage, brokerage, or contingent fee, excepting bona fide

employees

al, litigation, claim, or exception.

3)         A

covenant against contingent fees clause in accordance with 48 CFR 52.203.5:

"The professional services

contractor warrants that no person or selling agency has been employed or

retained to solicit or secure this contract upon an agreement or understanding

for a commission, percentage, brokerage, or contingent fee, excepting bona fide

employees.  For breach or violation of this warranty, the loan recipient shall

have the right to annul this agreement without liability or to deduct from the

contract price or consideration, or otherwise recover, the full amount of the

commission, percentage, brokerage, or contingent fee."

4)         A

Certification Regarding Debarment, Suspension, and Other Responsibility Matters

(EPA Form 5700-49) showing compliance with federal Executive Order 12549.

5)         A description of the

scope and extent of the project work.

6)         The

schedule for performance and completion of the contract work including, when

appropriate, dates for completion of significant project tasks.

7)         A method of

compensation.

8)         A clause required by 40

CFR 33.106:

"No contractor or

subcontractor shall discriminate on the basis of race, color, national origin,

or sex in the performance of this contract. The contractor or subcontractor

shall carry out applicable requirements of 40 CFR Part 33 in the award and

administration of contracts awarded under the PWSLP. Failure by the contractor

or subcontractor to carry out these requirements is a material breach of this

contract, which may result in the termination of this contract or other legally

available remedies."

b)         Subagreements

for personal and professional design services shall include the subagreement

provisions contained in subsections (a)(2) through (a)(4). In addition, the

subagreements shall be accompanied by a statement regarding the use of

disadvantaged business enterprises during the design service phase.

c)

Amendments

rmination of this contract or other legally

available remedies."

b)         Subagreements

for personal and professional design services shall include the subagreement

provisions contained in subsections (a)(2) through (a)(4). In addition, the

subagreements shall be accompanied by a statement regarding the use of

disadvantaged business enterprises during the design service phase.

c)

Amendments.  When the loan recipient authorizes a change

that would add, delete, or revise the work within the general scope of the

contract documents, or authorizes an adjustment in the contract price or

contract time, the loan recipient shall submit one copy of the fully executed

contract amendment signed by the loan recipient and the professional services

provider. Failure to give timely notice of contract amendments may result in

disallowance of loan participation for costs incurred that are attributable to

the change

.