The lead agency for the response action must compile and maintain an administrative record consistent with section 113 of CERCLA, the National Contingency Plan, and relevant EPA policy and guidance. In addition, recipients of assistance (whether lead or support agency) are responsible for maintaining project files described as follows.
(a)General. The recipient must maintain project records by site, activity, and operable unit, as applicable.
(b)Financial records. The recipient must maintain records which support the following items:
(1) Amount of funds received and expended; and
(2) Direct and indirect project cost.
(c)Property records. The recipient must maintain records which support the following items:
(1) Description of the property;
(2) Manufacturer's serial number, model number, or other identification number;
(3) Source of the property, including the assistance identification number;
(4) Information regarding whether the title is vested in the recipient or EPA;
(5) Unit acquisition date and cost;
(6) Percentage of EPA's interest;
(7) Location, use and condition (by site, activity, and operable unit, as applicable) and the date this information was recorded; and
(8) Ultimate disposition data, including the sales price or the method used to determine the price, or the method used to determine the value of EPA's interest for which the recipient compensates EPA in accordance with §§ 35.6340, 35.6345, and 35.6350.
(1)General. The recipient must maintain records which support the following items, and must make them available to the public:
(i) The reasons for rejecting any or all bids; and
(ii) The justification for a procurement made on a noncompetitively negotiated basis.
(2)Procurements in excess of the simplified acquisition threshold. The recipient's records and files for procurements in excess of the simplified acquisition threshold must include the following information, in addition to the information required in paragraph (d)(1) of this section:
(i) The basis for contractor selection;
(ii) A written justification for selecting the procurement method;
(iii) A written justification for use of any specification which does not provide for maximum free and open competition;
(iv) A written justification for the choice of contract type; and
(v) The basis for award cost or price, including a copy of the cost or price analysis made in accordance with § 35.6585 and documentation of negotiations.
(e)Other records. The recipient must maintain records which support the following items:
(1) Time and attendance records and supporting documentation;
(2) Documentation of compliance with statutes and regulations that apply to the project; and
(3) The number of site-specific technical hours spent to complete each pre-remedial product.
Title 40 published on 2013-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.