EPA letter on WTC dust cleanup contract changes, June 2002

NYC 9/11 Public Portal Document

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 2 290 BROADWAY NEW YORK, NY 10007-1866

CONFIDENTIAL JUN - 4 2002 Frank Schiano, Esq. NYC Department of Environmental Protection By Facsimile Transmission 718-595-6543

Re: Ch^es to City Contract for WTC dust cleanup and project monitor/sampling

Dea/Ivli. Suhrano:

I very much appreciated you sending Beverly and me the insurance information and the boilerplate for the City contracts so quickly. Here are a few of the changes which I feel will be needed for the dust cleanup and the project monitor/sampling contracts. Others will be forthcoming in the SOW and Site Quality Assurance Procedures which are to be attachments to the contracts.

First, because of the need for the contractors to input to and access a confidential database that’s being created, we are trying to determine what, if any, language on this subject needs to be added. (Possibly this is not necessary for the cleaning contractor.) We are consulting with our HQ about the addition of the following language from the Federal Acquisition Regulation (which might have to be further modified to make sense in the context of the City’s contract):

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable EPA regulations. Violation of the Act may involve the imposition of criminal penalties.

(a) The Contractor agrees to- (1) Comply with the Privacy Act of 1974 (the Act) and the EPA (“EPA” should be defined in the definition section or at its first usage) rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an EPA function when the contract specifically identifies- (i) The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which require the design, development, or operation of such a system of

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