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The EPA announced on Tuesday, July 28, 2009, it is amending
the EPA Acquisition Regulation (EPAAR) to revise the prescription for and the
content of a clause that addresses issuing technical direction in contracts.
This revision incorporates and supersedes several class deviations to the EPAAR
and updates terminology and procedures related to issuing technical direction.
According to the EPA release in the Federal Register, entities potentially affected by this action include firms that are performing or will perform under contract for the EPA. This includes firms in all industry groups.
Under certain contracts the Contracting Officer authorizes a designated individual, e.g., the Contracting Officer Technical Representative (COTR), to issue technical direction to the contractor. The technical direction clause in the contract defines what constitutes technical direction, which officials are authorized to issue technical direction, and procedures for issuing technical direction. Since the EPAAR technical direction guidance was originally issued, several class deviations to the clause have been approved. (A class deviation is a change to the EPAAR necessary to meet specific contract requirements.) This revision incorporates and supersedes the class deviations and makes additional revisions to the technical direction guidance.
This rule amends the EPAAR to revise the prescription for using the Technical Direction clause and the wording of the clause itself. The current prescription states the clause is used in cost reimbursement type solicitations and contracts. The revised prescription allows COs to use the clause, or a clause substantially the same, in solicitations and contracts where the CO will delegate authority to issue technical direction to the COTR.
The EPAAR clause entitled "Technical Direction" adds and defines these two new terms "contracting officer technical representative" and "task order." These two terms will standardize titles and terminology used at the EPA with terms used in the Federal Acquisition Regulation (FAR) and other federal procurement policy.
The final rule is effective Aug. 12, 2009.
According to the EPA release in the Federal Register, entities potentially affected by this action include firms that are performing or will perform under contract for the EPA. This includes firms in all industry groups.
Under certain contracts the Contracting Officer authorizes a designated individual, e.g., the Contracting Officer Technical Representative (COTR), to issue technical direction to the contractor. The technical direction clause in the contract defines what constitutes technical direction, which officials are authorized to issue technical direction, and procedures for issuing technical direction. Since the EPAAR technical direction guidance was originally issued, several class deviations to the clause have been approved. (A class deviation is a change to the EPAAR necessary to meet specific contract requirements.) This revision incorporates and supersedes the class deviations and makes additional revisions to the technical direction guidance.
This rule amends the EPAAR to revise the prescription for using the Technical Direction clause and the wording of the clause itself. The current prescription states the clause is used in cost reimbursement type solicitations and contracts. The revised prescription allows COs to use the clause, or a clause substantially the same, in solicitations and contracts where the CO will delegate authority to issue technical direction to the COTR.
The EPAAR clause entitled "Technical Direction" adds and defines these two new terms "contracting officer technical representative" and "task order." These two terms will standardize titles and terminology used at the EPA with terms used in the Federal Acquisition Regulation (FAR) and other federal procurement policy.
The final rule is effective Aug. 12, 2009.
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