§ 35.937-9Required solicitation and subagreement provisions.
(a)Required solicitation statement. Requests for qualifications or proposals must include the following statement, as well as the proposed terms of the subagreement.
Any contract awarded under this request for (qualifications/professional proposals) is expected to be funded in part by a grant from the United States Environmental Protection Agency. This procurement will be subject to regulations contained in 40 CFR 35.936, 35.937, and 35.939. Neither the United States nor the United States Environmental Protection Agency is nor will be a party to this request for (qualifications/professional proposals) or any resulting contract.
(b)Content of subagreement. Each subagreement must adequately define:
(1) The scope and extent of project work;
(2) The time for performance and completion of the contract work, including where appropriate, dates for completion of significant project tasks;
(3) Personnel and facilities necessary to accomplish the work within the required time;
(4) The extent of subcontracting and consultant agreements; and
(5) Payment provisions in accordance with § 35.937-10.
If any of these elements cannot be defined adequately for later tasks or steps at the time of contract execution, the contract should not include the subsequent tasks or steps at that time.
(c)Required subagreement provisions. Each consulting engineering contract must include the provisions set forth in appendix C-1 to this subpart.
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