Contract No. 1992-40Contract N62474 -92-C-3529
Premises to be served)
(City; (State
K(Aiak island Borough 710 Mill Bay Road Kodiak Alaska 99615
(Contractor Contractor's Address)
Premises are:
Estimated Annual Cost:
Estimated Connection Charge
Rendering of Bilis
Connection Charge:
Government Owned
11,424.00
$ 359,942.00
Comrander ( Code MEN)
K0201/92C3529
Western Division
Naval Facilities Engineering Command
300 Ccrmodore Drive
San Bruno, CA 94066-2402
Bilis for Monthly Service Charges: Comranding Officer (Code N10)
Naval Special 'Warfare Group One
K0201/92C3529
Naval Amphibious Base, Bldg. 84
San Diego, CA 92155-5030
Payment for the Connection
Charge will be made by:
Payments for Monthly Service
Charges:
Disbursing Officer (Code 244)
Naval Construction Battalion Center
Port Hueneme, CA
Disbursing Officer
Fleet Accounting & Disbursing
Center, Pacific
937 No. Harbor Drive
San Diego, r_A 92132
Contract N62474 -92-C-3529
Comm mications: All comnunications and modifications
regarding this contract shall be
addressed as follows
Contractor: Kodiak island Borough
710 Mill Bay Road
Kodiak, AK. 99615-6398
Government: Commander (Code 022iCM)
Western Division
Navai Facilities Ehgineering Camand
900 Canmodore Drive
San Bruno, CA 94066-2402
-2-
Contract N62474 -92-C-3529
This contract is negotiated pursuant to 10 U.S.C. 2304(c)(1)
Recurring Billing Charge: Applicable funds will be cited on invoices or
delivery orders issued against this contract.
Apprcpriations Chargeable Connection Charge: P.B 9720100.5604, 000, 57100 0,
060957; 2D, R48254, 002RC00023TU, OA 454189 923529 $359,942.00
THIS CONTRACT is entered into as of 2 4 AUG 1992
red by
UNITED STATES OF AMERICA, hereinafter called the py and between the
the Contracting Officer executing this contract, and IslandsenteBorough,
whose address is 710 Mill Bay Road, Kodiak, AK 99615-6398, hereinafter called
the CONTRACTOR.
I. SCOPE. Subject to the terms and conditions hereinafter set forth, the
CONTRACTOR shall furnish, and the GOVERNMENT shall purchase and receive water
service (hereinafter called service) requested by the GOVERNMENT from the
CONTRACTOR at the prem ses to be served hereunder (hereinafter called the
service location), in accordance with the General and Technical Provisions and
the water service specifications, attached hereto and made a part hereof.
II. TERM. This contract shall continue in effect until terminated at the
option of either party by the giving of written notice not less than 30 days
in advance of the effective date of termination.
IN WITNESS WHEREOF, the parties hereto have executed this contract as of
the day and year first above written.
K66 -IANC- z!jr,,.na k
Name of Contractor U�
BY
S ature
a—er"e)'m —;16�
Typed Name
TITLE__]( ,a ?
Q%II F5S-F'
67-�U7� ;X4, �JFI eL;. X
UNITED STATES OF AMERICA
CATHERINE B. MORRIS
Contract Specialist, Service Contracts Branch
Typed Name of Contracting Officer
-3-
Contract Number N62474 -92-C-3529
TECHNICAL AND GENERAL PROVISIONS FOR UTILITIES SERVICE
I. TECHNICAL PROVISIONS
1. PAYMENT.
(a) The CONTRACTOR shall be paid by the designated disbursing office
for service furnished hereunder at the rates specified; provided, that the
GOVERNMENT shall be liable for the minimum monthly charges, if any, specified
in this contract commencing with the billing period in which service is
initially furnished and continuing until this contract is terminated, except
that the minimum monthly charges shall be equitably prorated for the billing
period in :which conmencenent and termination of this contract shall become
effective.
(b) Payments hereunder shall be contingent upon the availability of
appropriations therefor, and shall not be made in advance of the services
rendered.
(c) All bilis for regular monthly services, shall be paid according
to the terms of "Prompt Payment Act", Public Law 97-177. The GOVERNMENT shall
be entitled to any discounts customarily applicable to payment of bills by all
customers of the CONTRACTOR.
(d) Invoices for services rendered hereunder shall contain statements
of the meter readings at the beginning of the billing period, meter constants,
consumption during the billing period, and such other pertinent data as shall
be required by the GOVERNMENT,
(e) The CONTRACTOR hereby declares that rates are not in excess of
the lowest rates now available to any existing or prospective customer under
like conditions of service, or of the same classification, and agrees that
during the life of this contract the GOVERNMENT shall continue to be billed at
the lowest available rate for similar conditions of service.
2. RATES AND CHARGES.
(a) For all service furnished under this contract to the service
location, the GOVERNMENT shall pay the CONTRACTOR at the rates established by
Resolution No. 92-06 of the CONTRACTOR which is attached hereto and made a
part hereof, as EXHIBIT "A". The monthly charge for water service is attached
hereto and made a part hereof as EXHIBIT "B".
-4-
Contract N62474 -92-C-3529
3. CHANGE OF RATES.
At the request of either party to this contract with reasonable cause,
the rates set forth herein shall be renegotiated and the new rates shall
became effective as mutually agreed -provided that any rates so negotiated
shall not be in excess of rates to any other customer of the CONTRACPCR under
similar conditions of service.
No increase shall be requested in the contract rate unless the
CONTRACTOR has placed into effect a general rate increase to all of its
customers under similar conditions of service. If the CONTRACTOR has placed
into effect a general rate decrease, a corresponding decrease in the contract
rate shall be made.
« r r. � r r,• «•r • • a• � y�-
The Contracting Officer shall give reasonable notice to the CCWTRACIOR
respecting any material changes anticipated in the volume or characteristics
of the utility services required.
5. CIONTINUITY OF SERVICE AND CONSUKPTICN
(a) The CONTRAC1CR shall use reasonable diligence to provide a
regular and uninterrupted supply of service at the service location, but shall
not be liable to the GOVEiNMERr for damages, breach of contract, or otherwise,
for failure, suspension, diminution, or other variations of service occasioned
by any cause beyond the control and without the fault or negligence of the
CIONTRACIOR. Such causes may include, but are not restricted to, acts of God
or of the public enemy, acts of the GOVERNKM in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, or failure or breakdown of transmission or other facilities provided,
that when any failure, suspension, diminution, or variation of service shall
aggregate more than one (1) hour during any billing period hereunder, an
equitable adjustment shall be made in the monthly rates specified in this
contract, including the minimum monthly charge.
6. CONTRACTCR's FACILITIES.
(a) The COMRACTCR, at its expense, shall furnish, install, operate
and maintain all facilities required to furnish service hereunder to, and to
measure the service at, the point of delivery specified in the Utility Service
Specifications. Title to all of these facilities shall remain in the
CONTRACTOR and shall be responsible for all loss of or damage to those
facilities except that arising out of the fault or negligence of the
GOVAR*Mr, its agents or its employees. All taxes and other charges in
connection therewith, together with all liability arising out of the
negligence of the CON'IRACTCR in the construction, operation, or maintenance of
these facilities, shall be assumed by the CONTRACTOR.
- 5-
Contract N62474 -92-C-3529
(b) The GOVERNMENT hereby grants to the CONTRACTOR, free of any
rental or similar charge, but subject to the limitations specified in this
contract, a revocable permit to enter the service location for any proper
purpose under this contract, including use of the site or sites agreed upon by
the parties hereto for the ;.ristallation, operation, and maintenance of the
facilities of the CONTRACTOR at suitable times to perform the obligations of
the CONTRACTOR with respect to these facilities. It is expressly understood
that the GOVERMENT may limit or restrict the right of access herein granted
in any manner considered to be necessary for the national security.
(c) The facilities shall be removed and GOVERN INT premises restored
to their original condition, ordinary wear and tear excepted, by the
CONTRACTOR at its expense within a reasonable time after the GOVERNMENT shall
revoke the permit herein granted and in any event within a reasonable time
after termination of this contract, provided, that in the event of termination
due to fault of the CONTRACTOR these facilities may be retained in place at
the option of the GOVERNMENT until service comparable to that provided for
hereunder is obtained elsewhere.
In consideration of the furnishing and installation by the CONTRACTOR
at its expense of the new facilities described in EXHIBIT "C", attached hereto
and made a part hereof, the GOVERNMENT shall pay the CONTRACTOR, in advance,
as a non-recurring, non-refundable connection charge,the actual construction
cost advance, (in accordance with the CONTRACTOR's Ordinance No. 82-3-0) but
not to exceed the sum of $359.942, as shown on EXHIBIT "D".
8. ORN MM'P. OPERATION. AND MAINTENANCE OF NEW FACILITIES
Notwithstanding the payment by the GOVERNMENT of a connection charge,
the facilities to be supplied by the CONTRACTOR, under this contract or any
renewals thereof, shall remain the property of the CONTRACTOR and at all ti �s
during the life of this contract shall be operated and maintained by the
CONTRACTOR at its expense.
-6-
Contract N62474 -92-C-3529
9 TERMINATION BY THE CONTRACTOR. In the event the CONTRACTOR terminates
t._ -s contract or defaults in performance, the GOVT shall have no
obligation to pay the CONTRACTOR any amount for his connection obligation
pursuant to the terms of this contract.
10. TERMINATION PRIOR TO COMPLETION OF FACILITIES
The GOVERNMENT reserves the right to terminate this contract at any
time prior to completion of the facilities provided for herein with respect to
which the GOVERNMENT is to pay a connection charge. In the event the
GOVERNMEVT exercises this right, the CONTRACTOR shall be paid fair
compensation, exclusive of profit, for the work performed with respect to those
facilities.
11. TERMINATION SUBSEQUENT TO COMPLETION OF FACILITIES
The GOVERNMENT reserves the right by means of a thirty (30) day
written notice to terminate this contract at any time subsequent to completion
of the facilities provided for herein with respect to which the GOVERNMENT is
to pay a connection charge.
12. MULTIPLE SERVICE LOCATIONS.
Ey written order, the Contracting Officer may at any time designate
any service location within the service area of the CONTRACTOR at which
service shall be furnished or discontinued thereunder, and the contract shall
be modified in writing accordingly by adding to or deleting from *he service
specifications, the name and location of the appropriate service location, by
specifying a different rate, if applicable, the appropriate point of delivery,
different service specifications if applicable, and any other appropriate
terms and conditions.
13. ADDITIONAL GENIRAL PROVISIONS.
Utility Service Contract, all as attached hereto and made a part of
Contract N62474 -92-C-3529.
14. SUPERSEDED CONTRACT. The CONTRACTOR and the GOVERNMENT mutually
agree, upon comnencenent of services under this contract, that contract
numbered N62474 -92-M-3499 dated 1 October 1991 which has provided the
GOVERNMENT similar service, is hereby superseded without penalty to either
party. The CONTRACTOR further agrees to unconditionally waive any claim
against the GOVERNMENT by reason of such termination, except for service
billings due or to become due.
-7-
Contract N62474 -92-C-3529
ITEM 1 WATER SERVICE SPECIFICATIONS
1. SPECIFIC PREMISES TO BE SERVED: .old Weather Training 7acility,
Warehouse, Cape Spruce, Kodiak, Ah
2. ESTIMATED SERVICE:
Estimated average daily flow: 400 gallons Der day
Estimated annual average flow: 20,000 qa1lons
(The GOVERNMENT is in no way obligated to deliver the above -timate.?
3. POINT OF DELIVERY: The point of delivery cf water shall be as depicted on
EXHIBIT "E", attached hereto and made a part hereof.
4. DESCRIPTION OF WATER SERVICE. The CON'T'RACTOR shall have 12 gallons per
minute of water continuously available at the point of delivery at a pressure
of not less than 75 pounds per square inch gauge.
5. QUALITY OF WATER. The CONTRACTOR shall supply clear, potable water safe
for human consumption in accordance with standards adopted by the United
States Public Health Service for drinking and culinary water supplied by
conmon carriers in interstate commerce arid such revisions thereof as may be
made from time to time.
6.
METERING AND BILLING.
Water shall be measured by
1 inch meter.
7.
SIZE OF CONTRACTOR's
PIPELINE TO POINT OF DELIVERY
8 inches diameter.
Contract N62474 -92-C-3529
ITEM 2 WATER SERVICE SPECIFICATIONS
1. SPECIFIC PREMISES TO BE SERVED: Cold Weather Training Facility,
Training Facility Building,
Cape Spruce, Kodiak, AK
2. ESTIMATED SERVICE:
Estimated daily maximian demand: 2,250 gallons (maximum possible)
Estimated annual consumption: 200,000 gallons
(GOVEFd*4ENl' is in no way obligated to use, nor is it restricted to the
above estimate).
3. POINT OF DELIVERY: The point of delivery of water shall be as depicted on
EXHIBIT "E", attached hereto and made a part hereof.
4. DESCRIPTION OF WATER SERVICE: The CONTRACTOR shall have 86 gallons per
minute of water continuously available at the point of delivery at a pressure
of not less than 100 pounds per square inch gauge.
5. QUALITY OF WATER: The CONTRACTOR shall supply clear, potable water safe
for human consumption in accordance with standards adopted by the United
States Public Health Service for drinking and culinary water supplied by
common carriers in interstate commerce and such revisions thereof as may be
made from time to time.
6. METERING AND BILLING: Water shall be measured by 2-1/2 inch meter.
7. SIZE OF CONTRACTOR's PIPELINE TO POINT OF DELIVERY: 8 inches diameter.
Contract N62474 -92-C-3529
ITEM 3 WATER SERVI(M SPECIFICATIONS
1. SPECIFIC PREMISES TO BE SERVED: Cold Weather Training Facility,
Quonset Building, Spruce Cape,
Kodiak, AK
2. ESTIMATED SERVICE:
Estimated daily maximum demand:
Estimated annual consumption: 37,500 gallons
(GOVERNMENT is in no way obligated to use, nor is it restricted to
the above estimate.)
3. POINT OF DELIVERY: The point of delivery of water shall be as depicted on
EXHIBIT "E", attached hereto and made a part hereof.
4. DESCRIPTION OF WATER SERVICE: The CONTRACTOR shall have water
continuously available at the point of delivery.
5. QUALITY OF WATER: The CONTRACTOR shall supply clear, potable water safe
for human consumption in accordance with standards adopted by the United
States Public Health Service for drinking and culinary water supplied by
common carriers in interstate commerce and such revisions thereof as may be
made from time to time.
6. SIZE OF CONTRACTOR's PIPELINE TO POINT OF DELIVERY: 4 inches diameter.
-10-
nvu c1 �4 1L•40 NO.UUJ F'.U2
EXHIBIT "A"
Introduced by;
Requested by:
Drafted by:
Introduced;
Public Hearing:
Amended:
Adopted:
KODIAK ISLAND BOROUGH
RESOLUTION NO. 92-06
Mayor Selby
Finance Director
Finance Director
05/21/92
05/21/92
05/21/92
05/21/92
A RESOLUTION ESTABLISHING FEES OF THE KODIAK ISLAND BOROUGH
WHEREAS, prudent financial management dictates that an organization will review
its foes on at least an annual basis; and
WHEREAS, KiBC 3.04.065 also ordains that all fees be reviewed on an annual basis;
and
WHEREAS, it is recognized that if a service or program benefits only a select
individual or group of individuals, those individuals or group of individuals
should pay for the service; and
WHEREAS, staff has compiled a list of all current fees; and
WHEREAS, staff has recommended changes to the current fees as shown on the
attached exhibit;
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND
BOROUGH THAT:
Section 1: The attached exhibit of fees become effective on July 1, 1992.
PASSED AND APPROVED THIS 21 St DAY OF MAY, 1992.
KODIAK ISLAND BOROUGH
I
Mayor
�ATTEST: P siding OfflclL.
( ;✓X;YL» �'t, .f BIZ-iz,r� .
Borough Clerk
Kodiak Island Borough, Alarks Resolution No. 92-06
Page 1 of 16
DRAFT 3/92
3. Every residential unit will be charged for solid waste
collection services. Residential units within the City of
Kodiak will be billed by the City with their utility bills.
Utility Fees
Existing Proposed
Water . . . . . . . . . . . . . . . . . . . . $ 34.00
Sewer . . . . . . . . . . . . . . . . . .. 39.00
Garbage . . . . . . . . . . . . . . . . . . . . 15.50
Lien Fee 50.00
Late fees $1.00 + 1$ for each class of service
Deposit fee . . . . . . . . . . . . . . 146.00
Water rate - vacant . . . . .
Connect or Disconnect . . . . . 30.00
After Hours - Connect or Disconnect . . . . . . . 60.00
EXISTING PLUMBING PERMIT FEES
Permit Issuance
A. For single family and duplexes:
New residential single family . . . .
New duplex . . . .
Additional plumbing, remodeling . . . . .
34.00
39.00
15.50
50.00
same
146.00
10.00
30.00
60.00
$ 50.00
70.00
• • • . . 20.00
B. All
other plumbing work
$35.00 plus the following
additional
charges:
For
each plumbing fixture . . . . . . . . ..
3.00
For
each gas outlet .
. . . . . . . . . .
3.00
For
each water heater &
hot water boiler (per 1.000 btu)0.15
For
automatic sprinkler
systems (per head) . . .
. . . 1.00
For
plumbing alteration
work (per outlet) . . .
. . . 4.00
PROPOSED PLUMBING PERMIT FEES
Permit Issuance
1. For issuing each permit . . . . . . $ 20.00
2. For issuing each supplemental permit . . . . . . . . 10.00
Unit Fee Schedule (in addition to Items i and 2 above)
1. For each plumbing fixture on one trap
or a set of fixtures on one trap
(including water, drainage
piping and backflow protection therefore) . . . . . . . 7.00
2. For each building sewer and each trailer
park sewer . . . . . . . . . . . . . . . . . . . . . 15.00
Kodiak Island Borough Paye 10 of 15 March 12, 1992
Huu Z1'y2 12:43 No.003 P.04
FEE
Title 17. Zoning (initial fees in 1965 for most of these services were $20.00)
Conditional Use Permit (17.04,010 A.)(82-47-0)
' Exception (17.040.010 C.)(82-47-0) ...
175.00
Variance (17.040.010 D.)(82-47-0) 175.00
.. • • . • .. •
Zoning Change
(17.040.010 E.) (82-47-
Other P&ZC Approval - (e.g. 17,21.050 C.)
... ' ' .... • .. .175.00
175.00
.....
APPS to Commission (17.90) ...
Review of P&ZC Decision (17.80)
...25.00
150.00
Appeal to Assembly (17.100)
Zoning Compliance (17.03.060) ......... .........
Title 18: Borough Real Property
25.00
. 1.10.0050.00
. • . • ' . • ...
Land Disposal Application (18.20.060 A.)(83-66-0)
Right
-of -Way Permits (annually)
$ 175.00
...........
Wood Cutting Permits ......
Utility Fees
250.00
5.00
Water -City fee plus .................
Sewer -City fee plus ..... $10 .00
Garbage fee -from neighborhood dumpsters . ..........12.00
1 Garbage fee -door to door pickup ... , ,
Lien Pec
Late fats ... ................ ........
Deposit fee .. , , , , , , . . . . . ' ' ' ' ' ' ' ' ' • • • •
Water rate - vacant .. .................
Connect (City fee plus) . ...................
After Hours - Connect (City fee plus)
......... 15.50
18.00
1 ........ .50.00
• 1 % % for each class of service plus $1.00
. ...... 146.00
' ' ' ' ' ' 0 .......... ......10.00
... ... ' ........... 30.00
....
..... .............
Disconnect
.. , •
11 After Hours - Disconnect .....................
u
............ 60.00
. ' .............. 30.00
...............60.00
Kodiak bland Borough )
Pale 5 of 16 July 24, 1992
Contract N62474-92-0-3529
EXHIBIT "B"
CALCULATION OF CHARGE FOR WATER SERVICE
Equivalent Unit Calculation for Water Service
6 months
63 persons x 150 Gal./Day X 30 Days/Mo. = 283,500 Gal./Mo.
283,500 Gal./Mo. / 7500 Gal./Unit/Mo. = 37.8 Units/Mo.
6 months
31 persons X 150 Gal./Day X 30 Days/Mo. = 139,500 Gal./Mo.
139,500 Gal./Mo. / 7500 Gal./Unit/Mo. = 18.6 Units/Mo.
37.8 + 18.6 Units/Mo / 2 = 28.2 Units/Mo.
Use 28 Units
MONTHLY WATER RATE SUMMARY (per unit)
Resolution No. 92-06
$ 34.00
28 Units X $ 34.00 = $952 per/Mo.
-11-
Contract N62474 -92-C-3529
EXHIBIT "C"
1. Construction of water service
2. 10% Contingency
3. City of Kodiak Hook-up Fee
4.
5
Kodiak Island Borough Turn -on Fee
Kodiak Island Borough Construction Administration
Cost
1„ l yo- N.�hIo-N •] •.h aro-
-12-
$ 278,742.00
27,874.00
20,160.00
30.00
33,136.00
$ 359,942.00
EXHIBIT "D" ATTACHED AND MADE A PART OF
CONTRACT ..,2474-92-C-3529
usage of a commercial customer to a residential customer, or
special residential uses to a single-family unit.
D. "Single-family unit" means a dwelling unit designed,
improved, or used as a residence for one family only. Each unit in
a multiple -family dwelling or each trailer or mobile home not in a
mobile home park shall be a dwelling unit. The average water usage
of a single-family unit, for the purposes of this chapter, is
determined to be seven thousand five hundred gallons per month.
(Ord. 87-12-0 §§2 a 3, 1987; Ord. 82-3-0(part), 1982).
13.01.030 Connection reouired. Every owner of property or a
residence using or having occasion to use water and/or sewer in the
borough, on that premises whether leased, used, occupied, or owned
by him, shall establish individual service connections with the
nearest borough water and/or sewer main in the manner and following
the procedure hereinafter not forth in this chapter; provided,
however, that this provision shall have no application as to any
person where the property line of the premises in question lies
more than two hundred feet from the nearest water and/or sewer
main. (Ord. 82-3-0(part), 1982).
connections. A. All applications for water and/or sewer service
connections shall be made to the borough cashier on forms provided
by the borough.
B. If the water and/or sewer lino must be tapped to provide
service to the applicant and the property to be serviced has not
been charged for the service connection as part of_a local
improvement district, the applicant shall pay the cost of the
labor, equipment, and materials used, plus a percentage for
administration and inspection costs, as established by resolution
of the borough assembly.
C. Prior to installation of a water and/or sewer service
connection, the applicant shall deposit with the borough an amount
estimated by the borough engineer to cover the cost of the service
connection. If the actual costs exceed the amount of the deposit,
the borough will bill the applicant for the difference. If actual
costs are less than the deposit, the difference shell be refunded.
D. All new water and/or sewer service connections, shall be
designed ,and constructed in compliance with applicable codes and in
accordance with acceptable construction practices. Each service
connection shall be inspected by the borough and/or city prior -to
burial to determine source of service, compliance with established
borough/city construction standards and general integrity of the
connection. No sewer connection will be permitted if it will allow
the inflow or infiltration of material from nonsanitary sources.
(Ord. 82-3-0 (part), 1982).
13-3 (XIS 1/91)
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ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -92-C-3529
ADDITIONAL GENERAL PROVISIONS
(UTILITY SERVICE CONTRACT)
TABLE OF CONTENTS
1.
DEFINITIONS (APR 1984) . . . . . . . . . . .
. .FAR
52.202-1
2.
COVENANT AGAINST CONTINGENT FEES (APR 1984)
. .FAR
52.203-5
3.
CONFLICTS (APR 1984) . . . . . . . . . . .
. .FAR
52.208-3
4.
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT (JUL 1985) . . . . . . . . . . .
. .FAR
52.203-6
5.
PROTEST AFTER AWARD (AUG 1989) . . . . . .
. .FAR
52.233-3
6.
ASSIGNMENT OF CLAIMS (JAN 1986) . . . . . .
. .FAR
52.232-23
7.
DISPUTES (APR 1984) . . . . . . . . . . . .
. .FAR
52.233-1
8.
OFFICIALS NOT TO BENEFIT (APR 1984) . . . .
. .FAR
52.203-1
9.
GRATUITIES (APR 1984) . . . . . . . . . . .
. .FAR
52.203-3
10.
CONVICT LABOR (APR 1984) . . . . . . . . .
. .FAR
52.222-3
11.
CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT -- OVERTIME COMPENSATION (MAR 1986) . .
. .FAR
52.222-4
12.
EQUAL OPPORTUNITY (APR 1984) . . . . . . .
. .FAR
52.222-26
13.
AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND
VIETNAM ERA VETERANS (APR 1984) . . . . . .
. .FAR
52.222-35
14.
AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
(APR 1984) . . . . . . . . . . . . . . . .
. .FAR
52.222-36
15.
CLEAN AIR AND WATER (APR 1984) . . . . . .
. .FAR
52.223-2
16.
FEDERAL, STATE, AND LOCAL TAXES
(NONCOMPETITIVE CONTRACT) (JAN 1991). . . .
. .FAR
52.229-4
17.
AUDIT -- NEGOTIATION (DEC 1989) . . . . . .
. .FAR
52.215-2
18.
INTEREST (JAN 1991) . . . . . . . . . . . .
. .FAR
52.232-17
19.
PRICE REDUCTION FOR DEFECTIVE COST OR
PRICING DATA (JAN 1991) . . . . . . . . . .
. .FAR
52.215-22
20.
ANTI -KICKBACK PROCEDURES (OCT 1988) . . . .
. .FAR
52.203-7
21.
SPECIAL PROHIBITION ON EMPLOYMENT
(MAR 1989). . i*. . . . . . . . . . . . .
DFAR252.203-7001
22.
PROCUREMENT INTEGRITY (NOV 1990) . . . . .
. .FAR
52.237-9
23.
REQUIREMENT FOR CERTIFICATE OF PROCUREMENT
INTEGRITY (NOV 1990) . . . . . . . . . . .
. .FAR
52.203-8
24.
PROMPT PAYMENT (APR 1989) . . . . . . . . .
. .FAR
52-232-25
1
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -92-C-3529
TABLE OF CONTENTS continued
25. NOTICE OF RESTRICTIONS ON CONTRACTING WITH
2
SANCTIONED PERSONS (APR 1991) . . . . . . . .
.FAR
52.225-12
26.
RESTRICTIONS ON CONTRACTING WITH SANCTIONED
PERSONS (APR 1991) . . . . . . . . . . . . .
.FAR
52.225-13
27.
SERVICE OF PROTEST (NOV 1988) . . . . . . . .
.FAR
52.233-2
28.
EMPLOYMENT REPORTS ON SPECIAL DISABLED
VETERANS AND VETERANS OF THE VIETNAM ERA
(JAN 1988) . . . . . . . . . . . . . . .
.FAR
52.222-37
29.
DRUG-FREE WORKPLACE (JUL 1990) . . . . . . .
.FAR
52.223-6
30.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY
MATTERS (MAY 1989) . . . . . . . . . . . . .
.FAR
52.209-5
31.
PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT
(MAY 1989) . . . . . . . . . . . . . . . . .
.FAR
52.209-.6
32.
UTILIZATION OF SMALL BUSINESS CONCERNS AND
SMALL DISADVANTAGED BUSINESS CONCERNS . . . .
.FAR
52.219-8
33.
UTILIZATION OF WOMEN -OWNED SMALL BUSINESSES
(AUG 1986) . . . . . . ii. . . . . . . . .
.FAR
52.219-13
34.
SUBCONTRACTOR COST OR PRICING DATA (APR 1985)
.FAR
52.215-24
35.
PROTECTION OF GOVERNMENT BUILDINGS,
EQUIPMENT, AND VEGETATION (APR 1984) . . . .
.FAR
52.237-2
36.
EXAMINATION OF RECORDS BY THE COMPTROLLER
GENERAL (APR 1984) . . . . . . . . . . . . .
.FAR
52.215-1
37.
CERTIFICATION REGARDING A DRUG-FREE
WORKPLACE (JUL 1990) . . . . . . . . . . . .
.FAR
52.223-5
2
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -92-C-3529
1. DEFINITIONS (APR 1989)
(a) Head of the agency" (also called "agency head") or
"Secretary" means the Secretary (or Attorney General,
Administrator, Governor, Chairperson, or other chief official, as
appropriate) of the agency, including any deputy or assistant
chief official of the agency, and, in the Department of Defense,
the Under Secretary and any Assistant Secretary of the
Departments of the Army, Navy, and Air Force and the Director and
Deputy Director of Defense agencies; and the term "authorized
representative" means any person, persons, or board (other than
the Contracting Officer) authorized to act for the head of the
agency or Secretary.
(b) "Contracting Officer" means a person with the authority
to enter into, administer, and/or terminate contracts and make
related determinations and findings. The term includes certain
authorized representatives of the Contracting Officer acting
within the limits of their authority as delegated by the
Contracting Officer.
(c) Except as otherwise provided in this contract, the term
"subcontracts" includes, but is not limited to, purchase orders
and changes and modifications to purchase orders under this
contract. (FAR 52.202-1)
2. COVENANT AGAINST CONTINGENT FEES (APR
1984)
(a) The Contractor warrants that no person or agency has
been employed or retained to solicit or obtain this contract upon
an agreement or understanding for a contingent fee, except a bona
fide employee or agency. For breach or violation of this
warranty, the Government shall have the right to annul this
contract without liability or, in its discretion, to deduct from
the contract price or consideration, or otherwise recover, the
full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an
established commercial or selling agency, maintained by a
contractor for the purpose of securing business, that neither
exerts nor proposes to exert improper influence to solicit or
obtain Government contracts nor holds itself out as being able to
obtain any Government contract or contracts through improper
influence.
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ATTACHED TO AND MADE A PART OF
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"Bona fide employee," as used in this clause, means a
person, employed by a contractor and subject to the contractor's
supervision and control as to time, place, and manner of
Performance, who neither exerts nor proposes to exert improper
influence to solicit or obtain Government contracts nor holds out
as being able to obtain any Government contract or contracts
through improper influence.
"Contingent fee," as used in this clause, means any
commission, percentage, brokerage, or other fee that is
contingent upon the success that a person or concern has in
securing a Government contract.
"Improper influence," as used in this clause, means any
influence that induces or tends to induce a Government employee
or officer to give consideration or to act regarding a Government
contract on any basis other than the merits of the matter.
(FAR 52.203-5)
3_ CONFLICTS (APR 1984)
To the extent of any inconsistency between the terms of this
contract and any schedule, rider, or exhibit incorporated in this
contract by reference or otherwise, or any of the Contractor's
rules and regulations, the terms of this contract shall control.
(FAR 52.208-3)
4_ RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT
(JUL 1985)
(a) Except as provided in (b) below, the Contractor shall
not enter.into any agreement with an actual or prospective
subcontractor, nor otherwise act in any manner, which has or may
have the .effect of restricting sales by such subcontractors
directly to the Government of any item or process (including
computer software) made or furnished by the subcontractor under
this contract or under any follow-on production contract.
(b) The prohibition in (a) above does not preclude the
Contractor from asserting rights that are otherwise authorized by
law or regulation.
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ATTACHED TO AND MADE A PART OF
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(c) The Contractor agrees to incorporate the substance of
this clause, including this paragraph (c), in all subcontracts
under this contract. (FAR 52.203-6)
5_ PROTEST AFTER AWARD (AUG 1989)
(a) Upon receipt of a notice of protest (as defined in
33.101 of the FAR) the Contracting Officer may, by written order
to the Contractor, direct the Contractor to stop performance of
the work called for by this contract. The order shall be
specifically identified as a stop -work order issued under this
clause. Upon receipt of the order, the Contractor shall
immediately comply with its terms and take all reasonable steps
to minimize the incurrence of costs allocable to the work covered
by the order during the period of work stoppage. Upon receipt of
the final decision in the protest, the Contracting Officer shall
either --
(1) Cancel the stop -work order; or
(2) Terminate the work covered by the order as provided
in the Default, or the Termination for Convenience of the
Government, clause of this contract.
(b) If a stop -work order issued under this clause is
canceled either before or after a final decision in the protest,
the Contractor shall resume work. The Contracting Officer shall
make an equitable adjustment in the delivery schedule or contract
price, or both, and the contract shall be modified, in writing,
accordingly, if --
(1) The stop -work order results in an increase in the
time required for, or in the Contractor's cost properly allocable
to, the performance of any part of this contract; and
(2) The Contractor asserts its right to an adjustment
within 30 days after the end of the period of work stoppage;
provided, that if the Contracting Officer decides the facts
justify the action, the Contracting Officer may receive and act
upon a proposal at any time before final payment under this
contract.
5
ATTACHED TO AND MADE A PART OF
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(b) Except as provided in the Act, all disputes arising
under or relating to this contract shall be resolved under this
clause.
(c) "Claim," as used in this clause, means a written demand
or written assertion by one of the contracting parties seeking,
as a matter of right, the payment of money in a sum certain, the
adjustment or interpretation of contract terms, or other relief
arising under or relating to this contract. A claim arising
under a contract, unlike a claim relating to that contract, is a
claim that can be resolved under a contract clause that provides
for the relief sought by the claimant. However, a written demand
or written assertion by the Contractor seeking the payment of
money exceeding $50,000 is not a claim under the Act until
certified as required by subparagraph (d)(2) below. A voucher,
invoice, or other routine request for payment that is not in
dispute when submitted is not a claim under the Act. The
submission may be converted to a claim under the Act, by
complying with the submission and certification requirements of
this clause, if it is disputed either as to liability or amount
or is not acted upon in a reasonable time.
(d) (1) A claim by the Contractor shall be made in writing
and submitted to the Contracting Officer for a written decision.
A claim by the Government against the Contractor shall be subject
to a written decision by the Contracting Officer.
(2) For Contractor claims exceeding $50,000, the
Contractor shall submit with the claim a certification that --
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to the
best of the Contractor's knowledge and belief;
and
(iii) The amount requested accurately reflects the
contract adjustment for which the Contractor
believes the Government is liable.
(3) (i) If the Contractor is an individual, the
certification shall be executed by that
individual.
(ii) If the Contractor is not an individual, the
certification shall be executed by --
(A) A senior company official in charge at the
Contractor's plant or location involved; or
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ATTACHED TO AND MADE A PART OF
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(B) An officer or general partner of the
Contractor having overall responsibility for
the conduct of the Contractor's affairs.
(e) For Contractor claims of $50,000 or less, the
Contracting Officer must, if requested in writing by the
Contractor, render a decision within 60 days of the request. For
Contractor -certified claims over $50,000, the Contracting Officer
must, within 60 days, decide the claim or notify the Contractor
of the date by which the decision will be made.
(f) The Contracting Officer's decision shall be final unless
the Contractor appeals or files a suit as provided in the Act.
(g) The Government shall pay interest on the amount found
due and unpaid from (1) the date the Contracting Officer receives
the claim (properly certified if required), or (2) the date
payment otherwise would be due, if that date is later, until the
date of payment. Simple interest on claims shall be paid at the
rate, fixed by the Secretary of the Treasury as provided in the
Act, which is applicable to the period during which the
Contracting Officer receives the claim and then at the rate
applicable for each 6 -month period as fixed by the Treasury
Secretary during the pendency of the claim.
(h) The Contractor shall proceed diligently with performance
of this contract, pending final resolution of any request for
relief, claim, appeal, or action arising under the contract, and
comply with any decision of the Contracting Officer.
(FAR 52.233-1)
8. OFFICIALS NOT TO BENEFIT (APR 1984)
No member of or delegate to Congress, or resident
commissioner, shall be admitted to any share or part of this
contract, or to any benefit arising from it. However, this
clause does not apply to this contract to the extent that this
contract is made with a corporation for the corporation's general
benefit. (FAR 52.203-1)
0
ATTACHED TO AND MADE A PART OF
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9_ GRATUITIES (APR 1984)
(a) The right of the Contractor to proceed may be terminated
by written notice if, after notice and hearing, the agency head
or a designee determines that the Contractor, its agent, or
another representative --
(1) Offered or gave a gratuity (e.g., an entertainment
or gift) to an officer, official, or employee of the Government;
and
(2) Intended, by the gratuity, to obtain a contract or
favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed
by any court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a)
above, the Government is entitled—
(1) To pursue the same remedies as in a breach of the
contract; and
(2) In addition to any other damages provided by law, to
exemplary damages of not less than 3 nor more than 10 times the
cost incurred by the Contractor in giving gratuities to the
person concerned, as determined by the agency head or a designee
(This subparagraph (c)(2) is applicable only if this contract
uses money appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in
this clause shall not be exclusive and are in addition to any
other rights and remedies provided by law or under this contract.
(FAR 52.203-3)
10_ CONVICT LABOR (APR 1984)
The Contractor agrees not to employ any person undergoing
sentence of imprisonment in performing this contract except as
provided by 18 U.S.C. 4082(c)(2) and Executive Order 11755,
December 29, 1973. (FAR 52.222-3)
E
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -92-C-3529
11_ CONTRACT WORK HOURS AND SAFETY STANDARDS
ACT --OVERTIME
COMPENSATION (MAR 1986)
(a) Overtime requirements. No Contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics (see Federal
Acquisition Regulation (FAR) 22.300) shall require or permit any
such laborers or mechanics in any workweek in which the
individual is employed on such work to work in excess of 40 hours
in such workweek unless such laborer or mechanic receives
compensation at a rate not less than 1-1/2 times the basic rate
of pay for all hours worked in excess of 40 hours in such
workweek.
(b) Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the provisions set
forth in paragraph (a) of this clause, the Contractor and any
subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such Contractor and subcontractor shall be
liable to the United States (in the case of work done under
contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic employed in violation of the
provisions set forth in paragraph (a) of this clause in the sum
of $10 for each calendar day on which such individual was
required or permitted to work in excess of the standard workweek
of 40 hours without payment of the overtime wages required by
provisions set forth in paragraph (a) of this clause.
(c) Withholding for unpaid wages and liquidated damages.
The Contracting Officer shall upon his or her own action or upon
written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or
subcontractor under any such contract or any other Federal
contact with the same Prime Contractor, or any other Federally -
assisted contract subject to the Contract Work Hours and Safety
Standards Act which is held by the same Prime Contractor, such
sums as may be determined to be necessary to satisfy any
liabilities of such Contractor or subcontractor for unpaid wages
and liquidated damages as provided in the provisions set forth in
paragraph (b) of this clause.
AN
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -92-C-3529
(d) Payrolls and basic records.
(1) The Contractor or subcontractor shall maintain
payrolls and basic payroll records during the course of contract
work and shall preserve them for a period of 3 years from the
completion of the contract for all laborers and mechanics working
on the contract. Such records shall contain the name and address
of each such employee, social security number, correct
classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid.
Nothing in this paragraph shall require the duplication of
records required to be maintained for construction work by
Department of Labor regulations at 29 CFR 5.5(a)(3) implementing
the Davis -Bacon Act.
(2) The records to b
of this clause shall be made
subcontractor for inspection,
authorized representatives of
Department of Labor. The Con
permit such representatives t
hours on the job.
e maintained under paragraph (d)(1)
available by the Contractor or
copying, or transcription by
the Contracting Officer or the
tractor or subcontractor shall
o interview employees during working
(e) Subcontracts. The Contractor or subcontractor shall
insert in any subcontracts the provisions set forth in paragraphs
(a) through (e) of this clause and also a clause requiring the
subcontractors to include these provisions in any lower tier
subcontracts. The Prime Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with
the provisions set forth in paragraphs (a) through (e) of this
clause. (FAR 52.222-4)
12. EQUAL OPPORTUNITY (APR 1984)
(a) If, during any 12 -month period (including the 12 months
preceding the award of this contract), the Contractor has been or
is awarded nonexempt Federal contracts and/or subcontracts that
have an aggregate value in excess of $10,000, the Contractor
shall comply with subparagraphs (b)(1) through (11) below. Upon
request, the Contractor shall provide information necessary to
determine the applicability of this clause.
11
ATTACHED TO AND MADE A PART OF
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(b) During performing this contract, the Contractor agrees
as follows:
(1) The Contractor shall not discriminate against any
employee or applicant for employment because of race, color,
religion, sex or national origin.
(2) The Contractor shall take affirmative action to
ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color,
religion, sex, or national origin. This shall include, but not
be limited to, (i) employment, (ii) upgrading, (iii) demotion,
(iv) transfer, (v) recruitment or recruitment advertising, (vi)
layoff or termination, (vii) rates of pay or other forms of
compensation, and (viii) selection of training, including
apprenticeship.
(3) The Contractor shall post in conspicuous places .
available to employees and applicants for employment the notices
to be provided by the Contracting Officer that explain this
clause.
(4) The Contractor shall, in all solicitations or
advertisement for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color,
religion, sex, or national origin.
(5) The Contractor shall send, to each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract or understanding, the
notice to be provided by the Contracting Officer advising the
labor union or workers' representative of the Contractor's
commitments under this clause, and post copies of the notice in
conspicuous places available to employees and applicants for
employment.
(6) The Contractor shall comply with Executive Order
11246, as amended, and the rules, regulations, and orders of the
Secretary of Labor.
12
ATTACHED TO AND MADE A PART OF
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(7) The Contractor shall furnish to the contracting
agency all information required by Executive Order 11246, as
amended, and by the rules, regulations, and orders of the
Secretary of Labor. Standard Form 100 (EEO -1), or any successor
form, is the prescribed form to be filed within 30 days following
the award, unless filed within 12 months preceding the date of
award.
(8) The Contractor shall permit access to its books,
records, and accounts by the contracting agency or the Office of
Federal Contract Compliance Programs (OFCCP) for the purposes of
investigation to ascertain the Contractor's compliance with the
applicable rules, regulations, and orders.
(9) If the OFCCP determines that the Contractor is not
in compliance with this clause or any rule, regulation, or order
of the Secretary of Labor, this contract may be canceled,
terminated, or suspended in whole or in part and the Contractor.
may be declared ineligible for further Government contracts,
under the procedures authorized in Executive Order 11246, as
amended. In addition, sanctions may be imposed and remedies
invoked against the Contractor as provided in Executive Order
11246, as amended, the rules, regulations, and orders of the
Secretary of Labor, or as otherwise provided by law.
(10) The Contractor shall include the terms and
conditions of subparagraph (b)(1) through (11) of this clause in
every subcontract or purchase order that is not exempted by the
rules, regulations, or orders of the Secretary of Labor issued
under Executive Order 11246, as amended, so that these terms and
conditions will be binding upon each subcontractor or vendor.
(11) The Contractor shall take such action with respect
to any subcontract or purchase order as the contracting agency
may direct as a means of enforcing these terms and conditions,
including sanctions for noncompliance; provided, that if the
Contractor becomes involved in, or is threatened with, litigation
with a subcontractor or vendor as a result of any direction, the
Contractor may request the United States to enter into the
litigation to protect the interests of the United States.
(c) Notwithstanding any other clause in this contract,
disputes relative to this clause will be governed by the
procedures in 41 CFR 60-1.1. (FAR 52.222-26)
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ATTACHED TO AND MADE A PART OF
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13. AFFIRMATIVE ACTION FOR SPECIAL DISABLED
AND VIETNAM ERA VETERANS (APR 1984)
(a) Definitions.
"Appropriate office of the State employment service
system," as used in this clause, means the local office of the
Federal -State national system of public employment offices
assigned to serve the area where the employment opening is to be
filled, including the District of Columbia, Guam, Puerto Rico,
Virgin Islands, American Samoa, and the Trust Territory of the
Pacific Islands.
"Openings that the Contractor proposes to fill from
within its own organization," as used in this clause, means
employment openings for which no one outside the Contractor's
organization (including any affiliates, subsidiaries, and the
parent companies) will be considered and includes any openings
that the Contractor proposes to fill from regularly established
"recall" lists.
"Openings that the Contractor proposes to fill under a
customary and traditional employer -union hiring arrangement," as
used in this clause, means employment openings that the
Contractor proposes to fill from union halls, under their
customary and traditional employer -union hiring relationship.
"Suitable employment openings," as used in this clause --
(1) Includes, but is not limited to, openings that occur
in jobs categorized as --
(i) Production and nonproduction;
(ii) Plant and office;
(iii) Laborers and mechanics;
(iv) Supervisory and nonsupervisory;
(v) Technical; and
(vi) Executive, administrative, and professional
positions compensated on a salary basis of less
than $25,000 a year; and
14
ATTACHED TO AND MADE A PART OF
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(2) Includes full-time employment, temporary employment
of over 3 days, and part-time employment, but not openings that
the Contractor proposes to fill from within its own organization
or under a customary and traditional employer -union hiring
arrangement, nor openings in an educational institution that are
restricted to students of that institution.
(b) General.
(1) Regarding any position for which the employee or
applicant for employment is qualified, the Contractor shall not
discriminate against the individual because the individual is a
special disabled or Vietnam Era veteran. The Contractor agrees
to take affirmative action to employ, advance in employment, and
otherwise treat qualified special disabled and Vietnam Era
veterans without discrimination based upon their disability or
veterans' status in all employment practices such as -
(i) Employment;
(ii) Upgrading;
(iii) Demotion or transfer;
(iv) Recruitment;
(v) Advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship
(2) The Contractor agrees to comply with the rules,
regulations, and relevant orders of the Secretary of Labor
(Secretary) issued under the Vietnam Era Veterans' Readjustment
Assistance Act of 1972 (the Act), as amended.
(c) Listing openings.
(1) The Contractor agrees to list all suitable
employment openings existing at contract award or occurring
during contract performance, at an appropriate office of the
State employment service system in the locality where the opening
occurs. These openings include those occurring at any Contractor
facility, including one not connected with performing this
contract. An independent corporate affiliate is exempt from this
requirement.
15
ATTACHED TO AND MADE A PART OF
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(2) State and local government agencies holding Federal
contracts of $10,000 or more shall also list all their suitable
openings with the appropriate office of the State employment
service.
(3) The listing of suitable employment openings with the
State employment service system is required at least concurrently
with using any other recruitment source or effort and involves
the obligations of placing a bona fide job order, including
accepting referrals of veterans and nonveterans. This listing
does not require hiring any particular job applicant or hiring
from any particular group of job applicants and is not intended
to relieve the Contractor from any requirements of Executive
orders or regulations concerning nondiscrimination in employment.
(4) Whenever the Contractor becomes contractually bound
to the listing terms of this clause, it shall advise the State
employment service system, in each State where it has
establishments, of the name and location of each hiring location
in the State. As long as the Contractor is contractually bound
to these terms and has so advised the State system, it need not
advise the State system of subsequent contracts. The Contractor
may advise the State system when it is no longer bound by this
contract clause.
(5) Under the most compelling circumstances, an
employment opening may not be suitable for listing, including
situations when (i) the Government's needs cannot reasonably be
supplied, (ii) listing would be contrary to national security, or
(iii) the requirement of listing would not be in the Government's
interest.
(d) Applicability.
(1) This clause does not apply to the listing of
employment openings which occur and are filled outside the 50
States, the District of Columbia, Puerto Rico, Guam, Virgin
Islands, American Samoa, and the Trust Territory of the Pacific
Islands.
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ATTACHED TO AND MADE A PART OF
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(2) The terms of paragraph (c) above of this clause do
not apply to openings that the Contractor proposes to fill from
within its own organization or under a customary and traditional
employer -union hiring arrangement. This exclusion does not apply
to a particular opening once an employer decides to consider
applicants outside of its own organization or employer -union
arrangement for that opening.
(e) Postings.
(1) The Contractor agrees to post employment notices
stating (i) the Contractor's obligation under the law to take
affirmative action to employ and advance in employment qualified
special disabled veterans and veterans of the Vietnam era, and
(ii) the rights of applicants and employees.
(2) These notices shall be posted in conspicuous places
that are available to employees and applicants for employment.
They shall be in a form prescribed by the Director, Office of
Federal Contract Compliance Programs, Department of Labor
(Director), and provided by or through the Contracting Officer.
(3) The Contractor shall notify each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the
Contractor is bound by the terms of the Act, and is committed to
take affirmative action to employ, and advance in employment,
qualified special disabled and Vietnam Era veterans.
(f) Noncompliance. If the Contractor does not comply with
the requirements of this clause, appropriate actions may be taken
under the rules, regulations, and relevant orders of the
Secretary issued pursuant to the Act.
(g) Subcontracts. The Contractor shall include the terms of
this clause in every subcontract or purchase order of $10,000 or
more unless exempted by rules, regulations, or orders of the
Secretary. The Contractor shall act as specified by the Director
to enforce the terms, including action for noncompliance.
(FAR 52.222-35)
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ATTACHED TO AND MADE A PART OF
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14_ AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
(APR 1984)
(a) General.
(1) Regarding any position for which the employee or
applicant for employment is qualified, the Contractor shall not
discriminate against any employee or applicant because of
physical or mental handicap. The Contractor agrees to take
affirmative action to employ, advance in employment, and
otherwise treat qualified handicapped individuals without
discrimination based upon their physical or mental handicap in
all employment practices such as --
(i) Employment;
(ii) Upgrading;
(iii) Demotion or transfer;
(iv) Recruitment;
(v) Advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including
apprenticeship.
(2) The Contractor agrees to comply with the rules,
regulations, and relevant orders of the Secretary of Labor
(Secretary) issued under the Rehabilitation Act of 1973 (29
U.S.C. 793) (the Act), as amended.
(b) Postings.
(1) The Contractor agrees to post employment notices
stating (i) the Contractor's obligation under the law to take
affirmative action to employ and advance in employment qualified
handicapped individuals and (ii) the rights of applicants and
employees.
(2) These notices shall be posted in conspicuous places
that are available to employees and applicants for employment.
They shall be in a form prescribed by the Director, Office of
Federal Contract Compliance Programs, Department of Labor
(Director), and provided by or through the Contracting Officer.
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(3) The Contractor shall notify each labor union or
representative of workers with which it has a collective
bargaining agreement or other contract understanding, that the
Contractor is bound by the terms of Section 503 of the Act and is
committed to take affirmative action to employ, and advance in
employment, qualified physically and mentally handicapped
individuals.
(c) Noncompliance. If the Contractor does not comply with
the requirements of this clause, appropriate actions may be taken
under the rules, regulations, and relevant orders of the
Secretary issued pursuant to the Act. '
(d) Subcontracts. The Contractor shall include the terms of
this clause in every subcontract or purchase order in excess of
$2,500 unless exempted by rules, regulations or orders of the
Secretary. The Contractor shall act as specified by the Director
to enforce the terms, including action for noncompliance.
(FAR 52.222-36)
15_ CLEAN AIR AND WATER (APR 1984)
(a) "Air Act," as used in this clause, means the Clean Air
Act (42 U.S.C. 7401 et seq.).
"Clean air standards", as used in this clause, means --
(1) Any enforceable rules, regulations, guidelines,
standards, limitations, orders, controls, prohibitions, work
practices, or other requirements contained in, issued under, or
otherwise adopted under the Air Act or Executive Order 11738;
(2) An applicable implementation plan as described in
section 110(d) of the Air Act (42 U.S.C. 7410(d));
(3) An approved implementation procedure or plan under
section 111(c) or section 111(d) of the Air Act (42. U.S.C.
7411(c) or (d)); or
(4) An approved implementation procedure under section
112(d) of the Air Act (42. U.S.C. 7412(d)).
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"Clean water standards," as used in this clause, means any
enforceable limitation, control, condition, prohibition,
standard, or other requirement promulgated under the Water Act or
contained in a permit issued to a discharger by the EPA or by a
State under an approved program, as authorized by section 402 of
the Water Act (33 U.S.C. 1342), or by local government to ensure
compliance with pretreatment regulations as required by section
307 of the Water Act (33 U.S.C. 1317).
"Compliance," as used in this clause, means compliance
with --
(1) Clean Air or water standards; or
(2) A schedule or plan ordered or approved by a court of
competent jurisdiction, the EPA, or an air or water pollution
control agency under the requirements of the Air Act or Water Act
and related regulations.
"Facility," as used in the clause, means any building,
plant, installation, structure, mine, vessel or other floating
craft, location, or site of operations, owned, leased, or
supervised by a Contractor or subcontractor, used in the
performance of a contract, or subcontract. When a location or
site of operations includes more than one building, plant,
installation, or structure, the entire location or site shall be
deemed a facility except when the Administrator, or a designee,
of the EPA, determines that independent facilities are collocated
in one geographical area.
"Water Act," as used in this clause, means Clean Water Act
(33 U.S.C. 1251 et seq.).
(b) The Contractor agrees --
(1) To comply with all the requirements of section 114
of the Clean Air Act (42 U.S.C. 7414) and section 308 of the
Clean Water Act (33 U.S.C. 1318) relating to inspection,
monitoring, entry, reports, and information, as well as other
requirements specified in section 114 and section 308 of the Air
Act and the Water Act, and all regulations and guidelines issued
to implement those acts before the award of this contract;
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ATTACHED TO AND MADE A PART OF
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(2) That no portion of the work required by this prime
contract will be performed in a facility listed on the EPA List
of Violating Facilities on the date when this contract was
awarded unless and until the EPA eliminates the name of the
facility from the listing;
(3) To use best efforts to comply with clean air
standards and clean water standards and the facility in which the
contract is being performed; and
(4) To insert the substance of this clause into any
nonexempt subcontract, including this subparagraph (b)(4).
(FAR 52.223-2)
16. FEDERAL, STATE, AND LOCAL TAXES
(NONCOMPETITIVE CONTRACT) (APR 1984)
(a) "Contract date," as used in this clause, means the
effective date of this contract and, for any modification to this
contract, the effective date of the modification.
"All applicable Federal, State, and local taxes and
duties," as used in this clause, means all taxes and duties, in
effect on the contract date, that the taxing authority is
imposing and collecting on the transactions or property covered
by this contract.
"After -imposed tax," as used in this clause, means any
new or increased Federal, State, or 'local tax or duty, or tax
that was excluded on the contract date but whose exclusion was
later revoked or amount of exemption reduced during the contract
period, other than an excepted tax, on the transactions or
property covered by this contract that the Contractor is required
to pay or bear as the result of legislative, judicial, or
administrative action taking effect after the contract date.
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"After -relieved tax," as used in this clause, means any
amount of Federal, State, or local tax or duty, other than an
excepted tax, that would otherwise have been payable on the
transactions or property covered by this contract, but which the
Contractor is not required to pay or bear, or for which the
Contractor obtains a refund or drawback, as the result of
legislative, judicial, or administrative action taking effect
after the contract date.
"Excepted tax," as used in this clause, means social
security or other employment taxes, net income and franchise
taxes, excess profits taxes, capital stock taxes, transportation
taxes, unemployment compensation taxes, and property taxes.
"Excepted tax" does not include gross income taxes levied on or
measured by sales or receipts from sales, property taxes assessed
on completed supplies covered by this contract, or any tax
assessed on the Contractor's possession of, interest in, or use
of property, title to which is in the Government.
(b) Unless otherwise provided in this contract, the contract
price includes all applicable Federal, State, and local taxes and
duties.
(c) The contract price shall be increased by the amount of
any after -imposed tax, or of any tax or duty specifically
excluded from the contract price by a term or condition of this
contract that the Contractor is required to pay or bear,
including any interest or penalty, if the Contractor states in
writing that the contract price does not include any contingency
for such tax and if liability for such tax, interest, or penalty
was not incurred through the Contractor's fault, negligence, or
failure to follow instructions of the Contracting Officer.
(d) The contract price shall be decreased by the amount of
any after -relieved tax. The Government shall be entitled to
interest received by the Contractor incident to a refund of taxes
to the extent that such interest was earned after the Contractor
was paid by the Government for such taxes. The Government shall
be entitled to repayment of any penalty refunded to the
Contractor to the extent that the penalty was paid by the
Government.
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(e) The contract price shall be decreased by the amount of
any Federal, State, or local tax, other than an excepted tax,
that was included in the contract price and that the Contractor
is required to pay or bear, or does not obtain a refund of,
through the Contractor's fault, negligence, or failure to follow
instructions of the Contracting Officer.
(f) No adjustment shall be made in the contract price under
this clause unless the amount of the adjustment exceeds $250.
(g) The Contractor shall promptly notify the Contracting
Officer of all matters relating to Federal, State, and local
taxes and duties that reasonably may be expected to result in
either an increase or decrease in the contract price and shall
take appropriate action as the Contracting Officer directs. The
contract price shall be equitably adjusted to cover the costs of
action taken by the Contractor at the direction of the
Contracting Officer, including any interest, penalty, and
reasonable attorney's fees.
(h) The Government shall furnish evidence appropriate to
establish exemption from any Federal, State or local tax when (1)
the Contractor requests such exemption and states in writing,
that it applies to a tax excluded from the contract price and (2)
a reasonable basis exists to sustain the exemption.
(FAR 52.229-4)
17_ AUDIT --NEGOTIATION (DEC 1989)
(a) Examination of costs. If this is a cost -reimbursement,
incentive, time -and -materials, labor -hour, or price-
redeterminable contract, or any combination of these, the
Contractor shall maintain --and the Contracting Officer or
representatives of the Contracting Officer shall have the right
to examine and audit --books, records, documents, and other
evidence and accounting procedures and practices, regardless of
form (e.g., machine readable media such as disk, tape, etc.) or
type (e.g., data bases, applications software, data base
management software, utilities, etc.), sufficient to reflect
properly all costs claimed to have been incurred or anticipated
to be incurred in performing this contract. This right of
examinations shall include inspection at all reasonable times of
the Contractor's plants, or parts of them, engaged in performing
the contract.
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(b) Cost or pricing data. If, pursuant to law, the
Contractor has been required to submit cost or pricing data in
connection with pricing this contract or any modification to this
contract, the Contracting Officer or representatives of the
Contracting Officer who are employees of the Government shall
have the right to examine and audit all of the Contractor's
books, records, documents, and other data, regardless of form
(e.g., machine readable media such as disk, tape, etc.) or type
(e.g., data bases, applications software, data base management
software, utilities etc.), including computations and projections
related to proposing, negotiating, pricing, or preforming the
contract or modification, in order to evaluate the accuracy,
completeness, and currency of the cost or pricing data. The
right of examination shall extend to all documents necessary to
permit adequate evaluation of the cost or pricing data submitted,
along with the computations and projections used.
(c) Reports. If the Contractor is required to furnish cost,
funding, or performance reports, the Contracting Officer or
representatives of the Contracting Officer who are employees of
the Government shall have the right to examine and audit books,
records, other documents, and supporting materials, for the
purpose of evaluating (1) the effectiveness of the Contractor's
policies and procedures to produce data compatible with the
objectives of these reports and (2) the data reported.
(d) Availability. The Contractor shall make available at
its office at all reasonable times the materials described in
paragraphs (a) and (b) above, for examination, audit, or
reproduction, until 3 years after final payment under this
contract, or for any shorter period specified in Subpart 4.7,
Contractor Records Retention, of the Federal Acquisition
Regulation, or for any longer period required by statute or by
other clauses of this contract. In addition --
(1) If this contract is completely or partially
terminated, the records relating to the work terminated shall be
made available for 3 years after any resulting final termination
settlement; and
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(2) Records relating to appeals under the Disputes
clause or to litigation or the settlement of claims arising under
or relating to this contract shall be made available until such
appeals, litigation, or claims are disposed of.
(e) Except as otherwise provided in FAR Subpart 4.7,
Contractor Records Retention, the Contractor may transfer
computer data in machine readable form from one reliable computer
medium to another. The Contractor's computer data retention and
transfer procedures shall maintain the integrity, reliability,
and security of the original data. The contractor's choice of
form or type of materials described in paragraphs (a), (b), and
(c) of this clause affects neither the Contractor's obligations
nor the Government's rights under this clause.
(f) The Contractor shall' insert a clause containing all the
terms of this clause, including this paragraph (f), in all
subcontracts over $10,000 under this contract, altering the
clause only as necessary to identify properly the contracting
parties and the Contracting Officer under the Government prime
contract. (FAR 52.215-2)
18_ INTEREST (APR 1984)
(a) Notwithstanding any other clause of this contract, all
amounts, except amounts that are repayable and which bear
interest under a Price Reduction for Defective Cost or Pricing
Data clause, that become payable by the Contractor to the
Government under this contract (net of any applicable tax credit
under the Internal Revenue Code (26 U.S.C. 1481)) shall bear
simple interest from the date due until paid unless paid within
30 days of becoming due. The interest rate shall be the interest
rate established by the Secretary of the Treasury as provided in
Section 12 of the Contract Disputes Act of 1978 (Public Law 95-
563), which is applicable to the period in which the amount
becomes due, as provided in paragraph (b) of this clause, and
then at the rate applicable for each six-month period as fixed by
the Secretary until the amount is paid.
(b) Amounts shall be due at the earliest of the following
dates:
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(1) The date fixed under this contract.
(2) The date of the first written demand for payment
consistent with this contract, including any demand resulting
from a default termination.
(3) The date the Government transmits to the Contractor
a proposed supplemental agreement to confirm completed
negotiations establishing the amount of debt.
(4) If this contract provides for revision of prices,
the date of written notice to the Contractor stating the amount
of refund payable in connection with a pricing proposal or a
negotiated pricing agreement not confirmed by contract
modification.
(c) The interest charge made under this clause may be
reduced under the procedures prescribed in 32.614-2 of the
Federal Acquisition Regulation in effect on the date of this
contract. (FAR 52.232-17)
19. PRICE REDUCTION FOR DEFECTIVE COST OR
PRICING DATA
(JAN 1991)
(a) If any price, including profit or fee, negotiated in
connection with this contract, or any cost reimbursable under
this contract, was increased by any significant amount because
(1) the Contractor or a subcontractor furnished cost or pricing
data that were not complete, accurate, and current as certified
in its Certificate of Current Cost or Pricing Data, (2) a
subcontractor or prospective subcontractor furnished the
Contractor cost or pricing data that were not complete, accurate,
and current as certified in the Contractor's Certificate of
Current Cost or Pricing Data, or (3) any of these parties
furnished data of any description that were not accurate, the
price or cost shall be reduced accordingly and the contract shall
be modified to reflect the reduction.
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(b) Any reduction in the contract price under paragraph (a)
above due to defective data from a prospective subcontractor that
was not subsequently awarded the subcontractor shall be limited
to the amount, plus applicable overhead and profit markup, by
which (1) the actual subcontract or (2) the actual cost to the
Contractor, if there was no subcontract, was less than the
prospective subcontract cost estimate submitted by the
Contractor; provided, that the actual subcontract price was not
itself affected by defective cost or pricing data.
(c) (1) If the Contracting Officer determines under
paragraph (a) of this clause that a price or cost reduction
should be made, the Contractor agrees not to raise the following
matters as a defense:
(i) The Contractor or subcontractor was a sole
source supplier or otherwise was in a superior
bargaining position and thus the price of the
contract would not have been modified even if
accurate, complete, and current cost or pricing
data has been submitted.
(ii) The Contracting Officer should have known that
the cost or pricing data in issue were defective
even though the Contractor or subcontractor took
no affirmative action to bring the character of
the data to the attention of the Contracting
Officer.
(iii) The contract was based on an agreement about the
total cost of the contract and there was no
agreement about the cost of each item procured
under the contract.
(iv) The Contractor or subcontractor did not submit a
Certificate of Current Cost or Pricing Data.
(2) (i) Except as prohibited by subdivision (c)(2)(ii)
of this clause, an offset in an amount
determined appropriate by the Contracting
Officer based upon the facts shall be allowed
against the amount of a contract price reduction.
if --
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ATTACHED TO AND MADE A PART OF
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(A) The Contractor certifies to the Contracting
Officer that, to the best of the
Contractor's knowledge and belief, the
Contractor is entitled to the offset in the
amount requested; and
(B) The Contractor proves that the cost or
pricing data were available before the date
of agreement on the price of the ;contract
(or price of the modification) and that the
data were not submitted before such date.
(ii) An offset shall not be allowed if --
(A) The understated data was known by the
Contractor to be understated when the
Certificate of Current Cost or Pricing Data
was signed; or
(B) The Government proves that the facts
demonstrate that the contract price would
not have increased in the amount to be
offset even if the available data had been
submitted before the date of agreement on
price.
(d) If any reduction in the contract price under this clause
reduces the price of items for which payment was made prior to
the date of the modification reflecting the price reduction, the
Contractor shall be liable to and shall pay the United States at
the time such overpayment is repaid --
(1) Simple interest on the amount of such overpayment to
be computed from the date(s) of overpayment to the Contractor to
the date the Government is repaid by the Contractor at the
applicable underpayment rate effective for each quarter
prescribed by the Secretary of the Treasury under 26 U.S.C.
6621(a)(2); and
(2) For Department of Defense contracts only, a penalty
equal to the amount of the overpayment, if the Contractor or
subcontractor knowingly submitted cost or pricing data which were
incomplete, inaccurate, or noncurrent. (FAR 52.215-22)
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20_ ANTI—KICKBACK PROCEDURES (OCT 1988)
(a) Definitions.
"Kickback," as used in this clause, means any money,
fee, commission, credit, gift, gratuity, thing of value, or
compensation of any kind which is provided, directly or
indirectly, to any prime Contractor, prime Contractor employee,
subcontractor, or subcontractor employee for the purpose of
improperly obtaining or rewarding favorable treatment in
connection with a prime contract or in connection with a
subcontract relating to a prime contract.
"Person," as used in the clause, means a corporation,
partnership, business association of any kind, trust, joint-stock
company, or individual.
"Prime contract," as used in this clause, means a
contract or contractual action entered into by the United States
for the purpose of obtaining supplies, materials, equipment, or
services of any kind.
"Prime Contractor" as used in this clause, means a
person who has entered into a prime contract with the United
States.
"Prime Contractor employee," as used in this clause,
means any officer, partner, employee, or agent of a prime
Contractor.
"Subcontract," as used in this clause, means a contract
or contractual action entered into by a prime Contractor or
subcontractor for the purpose of obtaining supplies, materials,
equipment, or services of any kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any
person, other than the prime Contractor, who offers to furnish or
furnishes any supplies, materials, equipment, or services of any
kind under a prime contract or a subcontract entered into in
connection with such prime contract, and (2) includes any person
who offers to furnish or furnishes general supplies to the prime
Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means
any officer, partner, employee, or agent of a subcontractor.
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(b) The Anti -Kickback Act of 1986 (41 U.S.C. 51-58) (the
Act), prohibits any person from --
(1) Providing or attempting to provide or offering to
provide any kickback;
(2) Soliciting, accepting, or attempting to accept any
kickback; or
(3) Including, directly or indirectly, the amount of any
kickback in the contract price charged by a prime Contractor to
the United States or in the contract price charged by a
subcontractor to a prime Contractor or higher tier subcontractor.
(c) (1) The Contractor shall have in place and follow
reasonable procedures designed to prevent and detect possible
violations described in paragraph (b) of this clause in its own
operations and direct business relationships.
(2) When the Contractor has reasonable grounds to
believe that a violation described in paragraph (b) of this
clause may have occurred, the Contractor shall promptly report in
writing the possible violation. Such reports shall be made to
the inspector general of the contracting agency, the head of the
contracting agency if the agency does not have an inspector
general, or the Department of Justice.
(3) The Contractor shall cooperate fully with any
Federal agency investigating a possible violation described in
paragraph (b) of this clause.
(4) The Contracting Officer may (i) offset the amount of
the kickback against any monies owed by the United States under
the prime contract and/or (ii) direct that the Prime Contractor
withhold from sums owed a subcontractor under the prime contract
the amount of the kickback. The Contracting Officer may order
that monies withheld under subdivision (c)(4)(ii) of this clause
be paid over to the Government unless the Government has already
offset those monies under subdivision (c)(4)(i) of this clause.
In either case, the Prime Contractor shall notify the Contracting
Officer when the monies are withheld.
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(5) The Contractor agrees to incorporate the substance
of this clause, including subparagraph (c)(5) but excepting
subparagraph (c)(1), in all subcontracts under this contract.
(FAR 52.203-7)
21. SPECIAL PROHIBITION ON EMPLOYMENT (MAR
1989)
(a) Definitions. "Arising out of a contract with the
Department of Defense," as used in this clause, means any act in
connection with (1) attempting to obtain, (2) obtaining, or (3)
performing a contract or subcontract of any agency, department,
or component of the Department of Defense.
"Conviction of fraud or any other felony", as used in
this clause, means any conviction for fraud or a felony in
violation of state or Federal criminal statutes, whether entered
on a verdict or plea, including a plea of nolo contendere, for
which sentence has been imposed.
"Date of Conviction", as used in this clause, means the
date judgment was entered against the individual.
(b) 10 U.S.C. 2408 prohibits a person who is convicted of
fraud or any other felony arising out of a contract with the
Department of Defense from working in a management or supervisory
capacity on any defense contract, or serving in various other
capacities for a defense contractor, for up to five (5) years
from the date of conviction, as set forth in paragraph (c) below.
Defense contractors are subject to a criminal penalty of not more
than $500,000 if they are convicted of knowingly employing a
person under a prohibition or allowing that person to serve in
violation of 10 U.S.C. 2408.
(c) (1) The Contractor agrees not to knowingly employ any
person, convicted after September 29, 1988, of fraud or any other
felony arising out of a contract with the Department of Defense,
in a management or supervisory capacity on any Department of
Defense contract or subcontract or allow that person to serve
either on its board of directors, as a consultant, or as an aaen`_
or representative for a period of five (5) years from the date of
conviction or for the period of any resultant debarment of the
convicted person, whichever is longer, unless waived.
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(2) The Contractor agrees not to knowingly employ any
person, convicted on or before September 29, 1988, of fraud or
any other felony arising out of a contract with the Department of
Defense, in a management or supervisory capacity on any
Department of Defense contract or subcontract or allow that
person to serve on its board of directors for a period of one (1)
year from the date of conviction or for the period of any
resultant debarment, whichever is longer.
(d) In addition to the criminal penalties contained in 10
U.S.C. 2408, the Government may consider other available
remedies, such as suspension or debarment, may direct the
cancellation of the contract at no cost to the Government, or
terminate this contract for default.
(e) The Contractor may submit written requests for waiver of
the prohibitions in paragraph (c)(1) above to the Contracting
Officer who will process such requests in accordance with DFARS
203.571-4. Requests shall clearly identify the person involved,
the nature of the conviction and resultant sentence or punishment
imposed, the reasons for the requested waiver, and an explanation
of why waiver of the prohibitions of paragraph (c)(1) above is in
the interests of national security.
(f) The Contractor agrees to include the substance of this
clause, including this paragraph (f), appropriately modified to
reflect the identity and relationship of the parties, in all
subcontracts exceeding $25,000. (DFAR 252.203-7001)
22. PROCUREMENT INTEGRITY (MAY 1989)
(a) Definitions. The definitions in FAR 3.104-4 are hereby
incorporated in this clause.
(b) The Contractor shall establish a procurement ethics
training program for its employees serving as procurement
officials. The program shall, at a minimum --
(1) Provide for the distribution of written explanations
of the provisions of section 27 of the Office of Federal
Procurement Policy Act (41 U.S.C. 423) as implemented in the FAR
to such employees; and
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(2) Require each such employee, as a condition of
serving as a procurement official, to certify to the Contracting
Officer that he or she is familiar with the provisions of the
Act, as implemented in the FAR, and will not engage in any
conduct prohibited by subsections 27(a), (b), (c), or (e) of the
Act, as implemented in the FAR, and will report immediately to
the Contracting Officer any information concerning a violation or
possible violation of the prohibitions.
(c) Pursuant to FAR 3.104-9(d), a Contractor employee who is
serving as a procurement official may be requested to execute
additional certifications.
(d) If a Contractor employee serving as a procurement
official ceases performance of these duties during the conduct of
such procurement expected to result in a contract or contract
modification in excess of $100,000, such employee shall certify
to the Contracting Officer that he or she understands the
continuing obligation, during the conduct of the agency
procurement, not to disclose proprietary or source selection
information related to such agency procurement. (FAR 52.237-9)
23_ REQUIREMENT FOR CERTIFICATE OF PROCUREMENT
INTEGRITY
(NOV 1990)
(a) Definitions. The definitions at FAR 3.104-4 are hereby
incorporated in this provision.
(b) Certifications. As required in paragraph (c) of this
Provision, the officer or employee responsible for this offer
shall execute the following certification:
CERTIFICATE OF PROCUREMENT INTEGRITY
(1) I, [Name of certifier], am the officer or employee
responsible for the preparation of this offer and hereby certify
that, to the best of my knowledge and belief, with the exception
of any information described in this certificate, I have no
information concerning a violation or possible violation of
subsection 27(a), (b), (d), or (f) of the Office of Federal
Procurement Policy Act, as amended* (41 U.S.C. 423), (hereinafter
referred to as "the Act"), as implemented in the FAR, occurring
during the conduct of this procurement (solicitation number).
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(2) As required by subsection 27(e)(1)(B) of the Act, I
further certify that, to the best of my knowledge and belief,
each officer, employee, agent, representative, and consultant of
[Name of Offeror] who has participated personally and
substantially in the preparation or submission of this offer has
certified that he or she is familiar with, and will comply with,
the requirements of subsection 27(a) of the Act, as implemented
in the FAR, and will report immediately to me any information
concerning a violation or possible violation of subsections
27(a), (b), (d), or (f) of the Act, as implemented in the FAR,
pertaining to this procurement.
(3) Violations or possible violations: (Continue on
plain bond paper if necessary and label Certificate of
Procurement Integrity (Continuation Sheet), ENTER NONE IF NONE
EXISTS)
(4) I agree that, if awarded a contract under this
solicitation, the certifications required by subsection
27(e)(1)(B) of the Act shall be maintained in accordance with
paragraph (f) of this provision.
[Signature of the officer or employee responsible for the offer
and date]
[Typed Name of the officer or employee responsible for the offer]
*Subsections 27(a) (b), and (d) are effective on December 1,
1990. Subsection 27(f) is effective on June i. iaai
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF
AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE,
FICTITIOUS-, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER
SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE,
SECTION 1001.
(End of certification)
Alternate I (SEP 1990). Procurements using other than sealed
bidding procedures:
34
ATTACHED TO AND MADE A PART OF
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(c) For procurements, including contract modifications, in
excess of $100,000 made using procedures other than sealed
bidding, the signed certifications shall be submitted by the
successful Offeror to the Contracting Officer within the time
period specified by the Contracting officer when requesting the
certificates except as provided in subparagraphs (c)(1) through
(c)(5) of this clause. In no event shall the certificate be
submitted subsequent to award of a contract or execution of a
contract modification:
(1) For letter contracts, other unpriced contracts, or
unpriced contract modifications, whether or not the unpriced
contract or modification contains a maximum or not to exceed
Price, the signed certifications shall be submitted prior to the
award of the letter contract, unpriced contract, or unpriced
contract modification, and prior to the definitization of the
letter contract or the establishment of the price of the unpriced
contract or unpriced contract modification. The second
certification shall apply only to the period between award of the
letter contract and execution of the document definitizing the
letter contract, or award of the unpriced contract or unpriced
contract modification and execution of the document establishing
the definitive price of such unpriced contract or unpriced
contract modification.
(2) For basic ordering agreements, prior to the
execution of a priced order; prior to the execution of an
unpriced order, whether or not the unpriced order contains a
maximum or not to exceed price; and, prior to establishing the
price of an unpriced order. The second certificate to be
submitted for unpriced orders shall apply only to the period
between award of the unpriced order and execution of the document
establishing the definitive price for such order.
(3) A certificate is not required for indefinite
delivery contracts (see Subpart 16.5) unless the total estimated
value of all orders eventually to be placed under the contract is
expected to exceed $100,000.
(4) For contracts and contract modifications which
include options, a certificate is required when the aggregate
value of the contract or contract modification and all options
(see 3.104-4(e)) exceeds $100,000.
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ATTACHED TO AND MADE A PART OF
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(5) For purposes of contracts entered into under section
8(a) of the SEA, the business entity with whom the SBA contracts,
and not the SBA, shall be required to comply with the
certification requirements of subsection 27(e). The SBA shall
obtain the signed certificate from thebusiness entity and
forward the certificate to the Contracting Officer
award of a contract to the SEA. prior to the
(6) Failure of an Offeror to submit the signed
certificate within the time prescribed by the Contracting Officer
shall cause the offer to be rejected.
(d) Pursuant to FAR 3.104-9(d), the Offeror may be requested
to execute additional certifications at the request of the
Government. Failure of an Offeror to submit the additional
certifications shall cause its offer to be rejected.
(e) A certification containing a disclosure of a violation
or possible violation will not necessarily result in the
withholding of award under this solicitation. However, the
Government, after evaluation of the disclosure, may cancel this
interestsnofotheaGovernment, suche any other arasriate disqualificationactions intof the
Offeror.
certificate,mn
theOfficerg the eorlemployee of fication in thea competing contractor
responsible for the offer may rely upon a one-time certification
from each individual required to submit a certification to the
competing contractor, supplemented by periodic training. These
certifications shall be obtained at the earliest possible date
after an individual required to certify begins employment or
association with the contractor. If a contractor decides to rely
on a certification executed prior to the suspension of section 27
(i.e., prior to December 1, 1989), the Contractor shall ensure
that an individual who has so certified is notified that section
27 has been reinstated. These certifications shall be maintained
by the Contractor for 6 years form the date a certifying
employee's employment with the company ends or, for an agent,
representative, or consultant, 6 _years from the date such
individual ceases to act on behalf of the Contractor.
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ATTACHED TO AND MADE A PART OF
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(g) Certifications under paragraphs (b) and (d) of this
provision are material representations of fact upon which
reliance will be placed in awarding a contract. (FAR 52.203-8)
24- PROMPT PAYMENT (APR 1989)
Notwithstanding any other payment clause in this contract,
the Government will make invoice payments and contract financing
payments under the terms and conditions specified in this clause.
Payment shall be considered as being made on the day a check is
dated or an electronic funds transfer is made. Definitions of
pertinent terms are set forth in 32.902. All days referred to in
this clause are calendar days, unless otherwise specified. The
term "foreign vendor" means an incorporated concern not
incorporated in the United States, or an unincorporated concern
having its principal place of business outside the United States.
(a) Invoice Payments.
(1) For purposes of the clause, "invoice payment" means
a Government disbursement of monies to a Contractor under a
contract or other authorization for supplies or services accepted
by the Government. This includes payments for partial deliveries
that have been accepted by the Government and final cost or fee
payments where amounts owed have been settled between the
Government and the Contractor.
(2) Except as indicated in subparagraph (a)(3) and
paragraph (c) of this clause, the due date for making invoice
Payments by the designated payment office shall be the later of
the following two events:
(i) The 30th day after the designated billing office
has received a proper invoice from the
Contractor.
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ATTACHED TO AND MADE A PART OF
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(ii) The 30th day after Government acceptance of
supplies delivered or services performed by the
Contractor. On a final invoice where the
payment amount is subject to contract settlement
actions, acceptance shall be deemed to have
occurred on the effective date of the contract
settlement. However, if the designated billing
Office fails to annotate the invoice with the
actual date of receipt, the invoice payment due
date shall be deemed to be the 30th day after
the date the Contractor's invoice is dated,
provided a proper invoice is received and there
is no disagreement over quantity, quality, or
Contractor compliance with contract
requirements.
(3) The due date on contracts for meat and meat food
products, contracts for perishable agricultural commodities,
contracts for dairy products, edible fats or oils, and food
Products prepared from edible fats or oils, and contracts not
requiring submission of an invoice shall be as follows:
(i) The due date for meat and meat food products, as
defined in section 2(a)(3) of the Packers and
Stockyard Act of 1921 (7 U.S.C. 182(3)) and
further defined in Pub. L. 98-181 to include any
edible fresh or frozen poultry meat, any
perishable poultry meat food product, fresh
eggs, and any perishable egg product, will be as
close as possible to, but not later than the 7th
day after product delivery.
(ii) The due date for perishable agricultural
commodities, as defined in section 1(4) of the
Perishable Agricultural Commodities Act of 1930
(7 U.S.C. 499a(44)), will be as close as
Possible to, but not later than, the 10th day
after product delivery, unless another date is
specified in the contract.
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(iii) The due date of dairy products, as defined in
section 111(e) of the Dairy Production
Stabilization Act of 1983 (7 U.S.C. 4502(e)),
edible fats or oils, and food products prepared
from edible fats or oils, will be as close as
Possible to, but not later than, the 10th day
after the date on which a proper invoice has
been received.
(iv) If the contract does not require submission of
an invoice for payment (e.g. periodic lease
Payments), the due date will be as specified in
the contract.
request
(4) An invoice is the Contractor's bill or written
for payment under the contract for supplies delivered or
services performed. An invoice shall be prepared and submitted
to the designated billing office specified in the contract. A
Proper invoice must include the items listed in subdivisions
(a)(4)(i) through (a)(4)(viii) of this clause. If the invoice
does not comply with these requirements, then the Contractor will
be notified of the defect within 7 days after receipt of the
invoice at the designated billing office (3 days for meat and
meat food products and 5 days for perishable agricultural
commodities, edible fats or oils, and food products prepared from
edible fats or oils). Untimely notification will be taken into
account in the computation of any interest penalty owed the
Contractor in the manner described in subparagraph (a)(6) of this
clause.
(i) Name and address of the Contractor.
Invoice date.
Contract number or other authorization for
supplies delivered or services performed
(including order number and contract line item
number).
(iv) Description, quantity, unit of measure, unit
Price, and extended price of supplies delivered
or services performed.
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ATTACHED TO AND MADE A PART OF
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(v) Shipping and payment terms (e.g., shipment
number and date of shipment, prompt payment
discount terms). Bill of lading number and
weight of shipment will be shown for shipments
on Government bills of lading.
(vi) Name and address of Contractor official to whom
Payment is to be sent (must be the same as that
in the contract or in a proper notice of
assignment).
(vii) Name (where practicable), title, phone number
and mailing address of person to be notified in
event of a defective notice.
(viii) Any other information or documentation required
by other requirements of the contract (such as
evidence of shipment).
the Government, interest
withoutrequestyfromltheeContractor, ifcpayment
is not made by the due date and the conditions listed in
subdivisions (a)(5)(i) through (a)(5)(iii) of this clause are
met, if applicable. An interest penalty shall not be paid on
contracts awarded to foreign vendors outside the United States
for work performed outside the United States.
(i) A proper invoice was received by the designated
billing office.
A receiving report or other Government
documentation authorizing payment was processed
and there was no disagreement over quantity,
quality, or contractor compliance with any
contract term or condition.
(iii) In the case of a final invoice for any balance
Of funds due the Contractor for supplies
delivered or services performed, the amount was
not subject to further contract settlement
actions between the Government and the
Contractor.
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ATTACHED TO AND MADE A PART OF
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(6) The interest penalty shall be at the rate
established by the Secretary of the Treasury under section 12 of
the Contracts Disputes Act of 1978 (41 U.S.C. 611) that is in
effect on the day after the due date, except where the interest
penalty is prescribed by other governmental authority. This rate
is referred to as the "Renegotiation Board Interest Rate," and it
is published in the Federal Register semiannually on or about
January 1 and July 1. The interest penalty shall accrue daily on
the invoice payment amount approved by the Government and be
compounded in 30 -day increments inclusive from the first day
after the due date through the payment date. That is, interest
accrued at the end of any 30 -day period will be added to the
approved invoice payment amount and be subject to interest
penalties if not paid in the succeeding 30 -day period. If the
designated billing office failed to notify the contractor of a
defective invoice within the periods prescribed in subparagraph
(a)(4) of the clause, then the due date on the corrected invoice
will be adjusted by subtracting the number of days taken beyond
the prescribed notification of defects period. Any interest
penalty owed the Contractor will be based on this adjusted due
date. Adjustments will be made by the designated payment office
for errors in calculating interest penalties, if requested by the
Contractor.
(i) For the sole purpose of computing an interest
penalty that might be due to the Contractor,
Government acceptance shall be deemed to have
occurred constructively on the 7th day (unless
otherwise specified in this contract) after the
Contractor delivered the supplies or performed
the services in accordance with the terms and
conditions of the contract, unless there is a
disagreement over quantity, quality, or
contractor compliance with a contract provision.
In the event that actual acceptance occurs
within the constructive acceptance period, the
determination of an interest penalty shall be
based on the actual date of acceptance. The
constructive acceptance requirement does not,
however, compel Government officials to accept
supplies or services, perform contract
administration functions, or make payment prior
to fulfilling their responsibilities.
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ATTACHED TO AND MADE A PART OF
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(ii) The following periods of time will not be
included in the determination of an interest
penalty:
(A) The period taken to notify the Contractor of
defects in invoices submitted to the
Government, but this may not exceed 7 days
(3 days for meat and meat food products and
5 days for perishable agricultural
commodities, dairy products, edible fats or
oils, and food products prepared from edible
fats or oils).
(B) The period between the defects notice and
resubmission of the corrected invoice by the
Contractor.
(iii) Interest penalties will not continue to accrue
after the filing of a claim for such penalties
under the clause at 52.233-1, Disputes, or for
more than 1 year. Interest penalties of less
than $1.00 need not be paid.
(iv) Interest penalties are not required on payment
delays due to disagreement between the
Government and Contractor over the payment
amount or other issues involving contract
compliance or on amounts temporarily withheld or
retained in accordance with the terms of the
contract. Claims involving disputes, and any
interest that may be payable, will be resolved
in accordance with the clause at 52.233-1,
Disputes.
(7) An interest penalty shall also be paid automatically
by the designated payment office, without request from the
Contractor, if a discount for prompt payment is taken improperly.
The interest penalty will be calculated as described in
subparagraph (a)(6) of this clause on the amount of discount
taken for the period beginning with the first day after the end
of the discount period through the date when the Contractor is
paid.
(8) If this contract was awarded on or after October 1.
1989, a penalty amount, calculated in accordance with regulations
issued by the Office of Management and Budget, shall be paid in
addition to the interest penalty amount if the Contractor --
42
ATTACHED TO AND MADE A PART OF
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(i) Is awed an interest penalty;
(ii) Is not paid the interest penalty within 10 days
after the date the invoice amount is paid; and
(iii) Makes a written demand, not later than 40 days
after the date the invoice amount is paid, that
the agency pay such a penalty.
(b) Contact Financing Payments
(1) For purposes of this clause, "contract financing
Payment" means a Government disbursement of monies to a
Contractor under a contract clause or other authorization prior
to acceptance of supplies or services by the Government.
Contract financing payments include advance payments, progress
payments based on cost under the clause at 52.232.16, Progress
Payments, progress payments based on a percentage or stage of
completion (32.102(e)(1)) other than those made under the clauses
52.232-5 Payments Under Fixed -Price Construction Contracts, or
the clause at 52.232-10, Payments Under Fixed -Price Architect -
Engineer Contracts, and interim payments on cost type contracts.
(2) For contracts that provide for contract financing,
requests for payment shall be submitted to the designated billing_
office as specified in this contract or as directed by the
Contracting Officer. Contract financing payments shall be made
on the 30th day after receipt of a proper contract financing
request by the designated billing office. In the event that an
audit or other review of a specific financing request is required
to ensure compliance with the terms and conditions of the
contract, the designated payment office is not compelled to make
payment by the due date specified.
(3) For advance payments, loans, or other arrangements
that do not involve recurrent submissions of contract financing
requests, payment shall be made in accordance with the
corresponding contract terms or as directed by the Contracting
Officer.
(4) Contract financing payments shall not be assessed an
interest penalty for payment delays.
(c) If this contract contains the clause at 52.213-1, Fast
Payment Procedure, payments will be made within 15 days after the
date of receipt of the invoice. (FAR 52.232-25)
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25. NOTICE OF RESTRICTIONS ON CONTRACTING WITH
SANCTIONED PERSONS (APR 1991)
(a) Statutory prohibitions have been imposed on contracting
with sanctioned persons, as specified in Federal Acquisition
Regulation (FAR) 25.10 and in the clause at 52.225-13,
Restrictions on Contracting with Sanctioned Persons.
(b) By submission of this offer, the Offeror represents that
no products or services delivered to the Government under any
contract resulting from this solicitation will be products or
services of a sanctioned person, as defined in the clause
referenced in paragraph (a) of this provision, unless on of the
exceptions in subparagraphs (d)(1) or (d)(2) of the clause
referenced above applies or unless listed below.
Product or Service Sanctioned Person
(FAR 52.225-12) (List as necessary)
26. RESTRICTIONS ON CONTRACTING WITH
SANCTIONED PERSONS
(APR 1991)
(a) Definitions.
(1) "Component part" means any article which is not
usable for its intended functions without being imbedded or
integrated into any other product and which, if used in
Production of a finished product, would be substantially
transformed in that process.
44
ATTACHED TO AND MADE A PART OF
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(2) "Finished product" means any article which is usable
for its intended function without being imbedded in, or
integrated into, any other product.
(3) "Sanctioned person" means a company or other foreign
person upon whom prohibitions have been imposed.
(4) "Substantially transformed," when referring to a
component part or finished product, means that the part or
product has been subjected to a substantial manufacturina or
processing operation by which the part or product is converted or
combined into a new and different article of commerce having a
new name, character, and use.
(b) General. Section 2443 of the Multilateral Export
Control Enhancement Amendments Act (Pub L. 100-418) and Executive
Order 12661, effective December 28,1988, impose, for a period of
3 years, with certain exceptions, a prohibition on contracting
with, or procuring (including rental and lease/purchase) directly
or indirectly the products or services of (1) Toshiba Machine
Company, (2) Kongsberg Trading Company, (3) Toshiba Corporation.
or (4) Kongsberg Vaapenfabrikk. The Act and Executive Order also
prohibit, for the same 3 -year period, the importation into the
United States of all products produced by Toshiba Machine Companv
and Kongsberg Trading Company. These prohibitions also applto
subsidiaries, successor entities or joint ventures of Toshiba -
Machine Company or Kongsberg Trading Company.
(c) Restriction. Unless listed by the Contractor in its
offer in the solicitation provision entitled Notice of
Restrictions on Contracting with Sanctioned Persons, and unless
approved by the Contracting Officer or one of the exceptions in
paragraph (d) of his clause applies, the Contractor agrees that
no products or services delivered to the Government under this
contract will be products or services of the sanctioned person.
(d) Exceptions. The restrictions do not apply --
(1) To finished products of nonsanctioned persons
containing components of a sanctioned person if these components
have been substantially transformed during the manufacture of th-
finished product.
(2) To products or services of a sanctioned person
provided --
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ATTACHED TO AND MADE A PART OF
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(i) The products are designed
of a nonsanctioned person
trademark, brand or name
person;
(ii) The business relationship_
nonsanctioned person and
1
to the specifications
marketed under the
of the nonsanctioned
between the
the sanctioned person
c early existed prior to June 30, 19$7; and
(iii) The nonsanctioned person is not directly or
indirectly owned by a sanctioned person.
(3) If a determination has been made in accordance with
FAR 52.1003(a) or (b).
(e) Award. Award of any contract resulting from this
solicitation will not affect the Contractor's obligation to
comply with importation regulations of the Secretary of the
Treasury. (FAR 52.225-13)
27_ SERVICE OF PROTEST (NOV 1988)
(a) Protests, as defined in section 33.101 of the Federal
Acquisition Regulation, that are filed directly with an agency,
and copies of any protests that are filed with the General
Accounting Office (GAO) or the General Services Administration
Board of Contract Appeals (GSBCA), shall be served on the
Contracting Officer (addressed as follows) by obtaining written
and dated acknowledgement of receipt from: Commander, Attention:
Utility Contracts Branch (Code 0224). Western Division, Naval
Facilities Engineering Command, P.C. Box 727, San Bruno, CA
94066-0720.
(b) The copy of any protest shall be received in the office
designated above on the same day a protest is filed with the
GSBCA or within one day of filing a protest with the GAO.
(FAR 52.233-2)
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28_ EMPLOYMENT REPORTS ON SPECIAL. DISABLED
VETERANS AND
VETERANS OF THE VIETNAM FRA (JAN 1.988)
(a) The contractor shall report at least annually, as
required by the Secretary of Labor, on:
(1) The number of special disabled veterans and the
number of veterans of the Vietnam era in the work -force of the
contractor by job category and hiring location: and
(2) The total number of new employees hired during the
period covered by the report, and of that total, the number of
special disabled veterans, and the number of veterans of the
Vietnam era.
(b) The above items shall be reported by completing the form
entitled "Federal Contractor Veterans' Employment Report
VETS -100."
(c) Reports shall be submitted no later than March 31 of
each year beginning March 31, 1988.
(d) The employment activity report required by paragraph
(a)(2) of this clause shall reflect total hires during the most
recent 12 -month period as of the ending date selected for the
employment profile report required by paragraph (a)(1) of this
clause. Contractors may select an ending date: (1) As of the end
of any pay period during the period January through March 1st of
the year the report is due, or (2) as of December 31, if the
contractor has previous written approval from the Equal
Employment Opportunity Commission to do so for purposes of
submitting the Employer Information Report EEO -1 (Standard Form
100).
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ATTACHED TO AND MADE A PART OF
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(e) The count of veterans reported according to paragraph
(a) of this clause shall be based on voluntary disclosure. Each
contractor subject to the reporting requirements at 38 U.S.C.
2012(d) shall invite all special disabled veterans and veterans
of the Vietnam era who wish to benefit under the affirmative
action program at 38 U.S.C. 2012 to identify themselves to the
contractor. The invitation shall state that the information is
voluntarily provided, that the information will be kept
confidential, that disclosure or refusal to provide the
information will not subject the applicant or employee to any
adverse treatment and that the information will be used only in
accordance with the regulations promulgated under 38 U.S.C.2012.
(f) Subcontracts. The Contractor shall include the terms
of this clause in every subcontract or purchase order of 510,000
or more unless exempted by rules, regulations, or orders of the
Secretary. (FAR 52.222-37)
29_ DRUG—FREE WORKPLACE (JUL 1990)
(a) Definitions. As used in this clause, "Controlled
substance" means a controlled substance in schedules I through V
of section 202 of the Controlled Substances Act (21 U.S.C. 812)
and as further defined in regulation at 21 CFR 1308.11-1308.15.
"Conviction" means a finding of guilt (including a plea
of nolo contendere) or imposition of sentence, or both, by any
judicial body charged with the responsibility to determine
violations of the Federal or State criminal drug statutes.
"Criminal drug statute" means a Federal or non -Federal
criminal statute involving the manufacture, distribution,
dispensing, possession, or use of any controlled substance.
"Drug-free workplace" means the site(s) for the
performance of work done in connection with a specific contract
at which employees of the contractor are prohibited from engaging
in the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance.
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"Employee" means an employee of a contractor directly
engaged in the performance of work under a Government contract.
"Directly engaged" is defined to include all direct cost
employees who has other than a minimal impact or involvement in
contract performance.
"Individual" means an offeror/contractor that has no
more than one employee including the offeror/contractor.
(b) The Contractor, if other than an individual, shall --
within 30 calendar days after award (unless a longer period is
agreed to in writing for contracts of 30 calendar days or more
performance duration); or as soon as possible for contracts for
less than 30 calendar days performance duration --
(1) Publish a statement notifying its employees that the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the contractor's
workplace and specifying the actions that will be taken against
employees for violations of such prohibition;
(2) Establish an ongoing drug-free awareness program to
inform such employees about --
(i) The dangers of drug abuse in the workplace;
(ii) The contractor's policy of maintaining a
drug-free workplace;
(iii) Any available drug counseling, rehabilitation,
and employee assistance programs; and
(iv) The penalties that may be imposed upon employees
for drug abuse violations occurring in the
workplace;
(3) Provide all employees engaged in performance of the
contract with a copy of the statement required by subparagraph
(b)(1) of this clause;
(4) Notify such employees in writing in the statement
required by subparagraph (b)(1) of this clause, that as a
condition of continued employment on this contract, the employee
will --
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ATTACHED TO AND MADE A PART OF
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(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's
conviction under a criminal drug statute for a
violation occurring in the workplace no later
than five (5) calendar days after such
conviction.
(5) Notify the Contracting Officer in writing within 10
calendar days after receiving notice under subdivision (b)(4)(ii)
of this clause, from an employee or otherwise receiving actual
notice of such conviction. The notice shall include the position
title of the employee;
(6) Within 30 calendar days after receiving notice under
subdivision (b)(4)(ii) of this clause of a conviction, take one
of following actions with respect to any employee who is
convicted of drug abuse violations occurring in the workplace:
(i) Taking appropriate personnel action against such
employee, up to and including termination; or
(ii) Require such employee to satisfactorily
participate in a drug abuse assistance or
rehabilitation program approved for such
purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency.
(7) Make a good faith effort to maintain a drug-free
workplace through implementation of subparagraphs (b)(1) through
(b)(6) of this clause.
(c) The Contractor, if an individual, agrees by award of the
contract or acceptance of a purchase order, not to engage in the
unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance in the performance of this
contract.
(d) In addition to other remedies available to the
Government, the Contractor's failure to comply with the
requirements of paragraphs (b) or (c) of this clause may,
pursuant to FAR 23.506, render the Contractor subiect to
suspension of contract payments, termination of the contract for
default, and suspension or debarment. (FAR 52.223-6)
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30. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, PROPOSED DEBARMENT, AND OTHER
RESPONSIBILITY MATTERS (MAY 1989)
(a) (1) The Offeror certifies, to the best of its knowledge
and belief, that --
(i) The Offeror and/or any of its Principals --
(A) Are [ ] are not f ] presently debarred,
suspended, proposed for debarment, or
declared ineligible for the award of
contracts by any Federal agency;
(B) Have [ ] have not [ ], within a three-year
period preceding this offer, been convicted
of or had a civil judgment rendered against
them for: commission of fraud or a criminal
offense in connection with obtaining,
attempting to obtain, or performing a public
(Federal, state, or local) contract or
subcontract; violation of Federal or state
antitrust statues relating to the submission
of offers; or commission of embezzlement,
theft, forgery, bribery, falsification or
destruction of records, making false
statements, or receiving stolen property;
and
(C) Are [ ] are not [ ] presently indicted for,
or otherwise criminally or civilly charged
by a governmental entity with, commission of
any of the offenses enumerated in
subdivision (a)(1)(i)(B) of this provision.
(ii) The Offeror has ( 1 has not [ ], within a
three-year period preceding this offer, had one
or more contracts terminated for default by any
Federal agency.
(2) "Principals" for the purposes of this certification,
means officers; directors; owners; partners; and, persons having
primary management or supervisory responsibilities within a
business entity (e.g., general manager; plant manager, head of a
subsidiary, division, or business segment, and similar
positions).
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THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF
AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE,
FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER
SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED
STATES CODE.
(b) The Offeror shall provide immediate written notice to
the Contracting Officer if, at any time prior to contract award,
the Offeror learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
(c) A certification that any of the items in ara raph (a)
of thhi� rovision exists will not necessarily resuft i
withho d�ng of an award under this solicitation. However, the
certification will be considered in connection with a
determination of the Offeror's responsibility. Failure of the
Offeror to furnish a certification or provide such additional
information as requested by the Contracting Officer may render
the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render,
in good faith, the certification required by paragraph (a) of
this provision. The knowledge and information of an Offeror is
not required to exceed that which is normally possessed by a
prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is
a material representation of fact upon which reliance was placed
when making award. If it is later determined that the Offeror
knowingly rendered an erroneous certification, in addition to
other remedies available to the Government, the Contracting
Officer may terminate the contract resulting from this
solicitation for default. (FAR 52.209-5)
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31. PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT (MAY 1989)
(a) The Government suspends or debars Contractors to protect
the Government's interests. Contractors shall not enter into any
subcontracts equal to or in excess of $25,000 with a Contractor
that has been debarred, suspended, or proposed for debarment
unless there is a compelling reason to do so. If a Contractor
intends to subcontract with a party that is debarred, suspended,
or proposed for debarment (see FAR 9.404 for information on the
list of Parties Excluded from Procurement Programs), a corporate
officer or designee of the Contractor shall notify the
Contracting Officer, in writing, before entering into such
subcontract. The notice must include the following:
(1) The name of the subcontractor;
(2) The Contractor's knowledge of the reasons for the
subcontractor being on the list of Parties Excluded from
Procurement Programs;
(3) The compelling reason(s) for doing business with the
subcontractor notwithstanding its inclusion on the list of
Parties Excluded from Procurement Programs; and
(4) The systems and procedures the Contractor has
established to ensure that it is fully protecting the
Government's interests when dealing with such subcontractor in
view of the specific basis for the party's debarment, suspension,
or proposed debarment.
(b) The Contractor's compliance with the requirements of
52.209-6 will be reviewed during Contractor Purchasing System
Reviews (see FAR Subpart 44.3). (FAR 52.209-6)
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32_ UTILIZATION OF SMALL BUSINESS CONCERNS AND
SMALL DISADVANTAGED BUSINESS CONCERNS
(FEB 1990)
(a) It is the policy of the United States that small
business concerns and small business concerns owned and
controlled by socially and economically disadvantaged individuals
shall have the maximum practicable opportunity to participate in
performing contracts let by any Federal agency, including
contracts and subcontracts for subsystems, assemblies,
components, and related services for major systems. It is
further the policy of the United States that its prime
contractors establish procedures to ensure the timely pavments of
amounts due pursuant to the terms of the subcontract with small
business concerns and small business concerns owned and
controlled by socially and economically disadvantaged
individuals.
(b) The Contractor hereby agrees to carry out this policy in
is the awarding of subcontracts to the fullest extent consistent
with efficient contract performance. The Contractor further
agrees to cooperate in any studies or surveys as may be conducted
by the United States Small Business Administration or the
awarding agency of the United States as may be necessary to
determine the extent of the Contractor's compliance with this
clause.
(c) As used in this contract, the term "small business
concern" shall mean a small business as defined pursuant to
section 3 of the Small Business Act and relevant regulations
promulgated pursuant thereto. The term "small business concern
owned and controlled by socially and economically disadvantaged
individuals" shall mean a small business concern --
(1) Which is at least 51 percent unconditionally owned
by one or more socially and economically disadvantaged
individuals; or, in the case of any publicly owned business, at
least 51 per centum of the stock of which is unconditionally
owned by one or more socially and economically disadvantaged
individuals; and
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(2) Whose management and daily business operations are
controlled by one or more of such individuals. This term also
means a small business concern that is at least 51 percent
unconditionally owned by an economically disadvantaged Indian
tribe or Native Hawaiian Organization, or a publicly owned
business having at least 51 percent of its stock unconditionally
owned by one of these entities which has its management and daily
business controlled by members of an economically disadvantaged
Indian tribe or Native Hawaiian Organization, and which meets the
requirements of 13 CFR 124. The contractor shall presume that
socially and economically disadvantaged individuals include Black
Americans, Hispanic Americans, Native Americans, Asian -Pacific
Americans, Subcontinent Asian Americans, and other minorities, or
any other individual found to be disadvantaged by the
Administration pursuant to section 8(a) of the Small Business
Act. The contractor shall presume that socially and economically
disadvantaged entities also include Indian Tribes and Native
Hawaiian Organizations.
(d) Contractors acting in good faith may rely on written
representations by their subcontractors regarding their status as
either a small business concern or a small business concern owned
and controlled by socially and economically disadvantaged
individuals. (FAR 52.219-8)
33_ UTILIZATION OF WOMEN—OWNED SMALL BUSINESSES
(AUG 1986)
(a) "Women -owned small businesses," as used in this clause
means small business concerns that are at least 51 percent owned
by women who are United States citizens and who also control and
operate the business.
"Control" as used in this clause, means exercising the
power to make policy decisions.
"Operate", as used in this clause, means being actively
involved in the day-to-day management of the business.
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"Small business concern", as used in this clause means a
concern including its affiliates, that is independently owned and
operated, not dominant in the field of operation in which it is
bidding on Government contracts, and qualified as a small
business under the criteria and size standards in 13 CFR 121.
(b) It is the policy of the United States that women -owned
small businesses shall have the maximum practicable opportunity
to participate in performing contracts awarded by any Federal
agency.
(c) The Contractor agrees to use its best efforts to give
women -owned small businesses the maximum practicable opportunity
to participate in the subcontracts it awards to the fullest
extent consistent with the efficient performance of its contract.
(d) The Contractor may rely on written representations by
its subcontractors regarding their status as women -owned small
businesses. (FAR 52.219-13)
34 SUBCONTRACTOR COST OR PRICING DATA (APR
1985)
(a) Before awarding any subcontract expected to exceed
$100,000 when entered into, or before pricing any subcontract
modification involving a pricing adjustment expected to exceed
$100,000, the Contractor shall require the subcontractor to
submit cost or pricing data (actually or by specific
identification in writing), unless the price is --
(1) Based on adequate price competition;
(2) Based on established catalog or market prices of
commercial items sold in substantial quantities to the general
public; or
(3) Set by law or regulation.
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(b) The Contractor shall require the subcontractor to
certify in substantially the form prescribed in Subsection
15.804-4 of the Federal Acquisition Regulation (FAR) that, to the
best of lts knowledge and belief, the data submitted under
paragraph (a) above were accurate, complete, and current as of
the date of agreement on the negotiated price of the subcontract
or subcontract modification.
(c) In each subcontract that exceeds 5100,000 when entered
into, the Contractor shall insert either --
(1) The substance of this clause, including this
paragraph (c), if paragraph (a) above requires submission of cost
or pricing data for the subcontract; or
(2) The substance of the clause at FAR 52.215-25,
Subcontractor Cost or Pricing Data --Modifications. (FAR
52.215-24)
35_ PROTECTION OF GOVERNMENT BUILDINGS.
EQUIPMENT, AND VEGETATION (APR 1984)
The Contractor shall use reasonable care to avoid damaging
existing buildings, equipment, and veaetation on the Government
installation. If the Contractor's failure to use reasonable care
causes damage to any of this property, the Contractor shall
replace or repair the damage at no expense to the Government as
the Contracting Officer directs. If the Contractor fails or
refuses to make such repair or replacement, the Contractor shall
be liable for the cost, which ma_v be deducted from the contract
price. (FAR 52.237-2)
36_ EXAMINATION OF RECORDS BY THE COMPTROLLER
GENERAL (APR 1984)
(a) This clause applies if this contract exceeds $10,000 and
was entered into by negotiation.
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(b) The Comptroller General of the United States or a duly
authorized representative from the General Accounting Office
shall, until 3 years after final payment under this contract or
for any shorter period specified in Federal Acquisition
Regulation (FAR) Subpart 4.7, Contractor Records Retention, have
access to and the right to examine any of the Contractor's
directly pertinent books, documents, papers, or other records
involving transactions related to this contract.
(c) The Contractor agrees to include in first-tier
subcontracts under this contract a clause to the effect that the
Comptroller General or a duly authorized representative from the
General Accounting Office shall, until 3 years after final
payment under the subcontract or for any shorter period specified
in FAR Subpart 4.7, have access to and the right to examine any
of the subcontractor's directly pertinent books, documents,
papers, or other records involving transactions related to the
subcontract. "Subcontract," as used in this clause, excludes (1)
purchase orders not exceeding $10,000 and (2) subcontracts or
purchase orders for public utility services at rates established
to apply uniformly to the public, plus any applicable reasonable
connection charge.
(d) The periods of access and examination in paragraphs (b)
and (c) above for records relating to (1) appeals under the
Disputes clause, (2) litigation or settlement of claims arising
from the performance of this contract, or (3) costs and expenses
of this contract to which the Comptroller General or a duly
authorized representative from the General Accounting Office has
taken exception shall continue until such appeals, litigation,
claims, or exceptions are disposed of. (FAR 52.215-1)
37_ CERTIFICATION REGARDING A DRUG—FREE
WORKPLACE (JUL 1990)
(a) Definitions. As used in this provision,
"Controlled substance" means a controlled substance in
schedules I through V of section 202 of the Controlled Substances
Act (21 U.S.C. 812) and as further defined in regulation at 21
CFR 1308.11 - 1308.15.
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"Conviction" means a finding of guilt (including a plea
of nolo contendere) or imposition of sentence, or both, by any
judicial body charged with the responsibility to determine
violations of the Federal or State criminal drug statutes.
"Criminal drug statute" means a Federal or non -Federal
criminal statute involving the manufacture, distribution,
dispensing, possession or use of any controlled substance.
"Drug-free workplace" means the site(s) for the
performance of work done by the Contractor in connection with a
specific contract at which employees of the Contractor are
prohibited from engaging in the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled
substance.
"Employee" means an employee of a Contractor directly
engaged in the performance of work under a Government contract.
"Directly engaged" is defined to include all direct cost
employees and any other Contractor employee who has other than 'a
minimal impact or involvement in contract performance.
"Individual" means an offeror/contractor that has no
more than one employee including the offeror/contractor.
(b) By submission of its offer, the offeror, if other than
an individual, who is making an offer that equals or exceeds
$25,000, certifies and agrees, that with respect to all employees
of the offeror to be employed under a contract resulting from
this solicitation, that, it will --no later than 30 calendar days
after contract award (unless a longer period is agreed to in
writing), for contracts of 30 calendar days or more performance
duration; or as soon as possible for contracts of less than 30
calendar days performance duration, but in any case, by a date
prior to when performance is expected to be completed --
(1) Publish a statement notifying such employees that
the unlawful manufacture, distribution, dispensing, possession or
use of a controlled substance is prohibited in the Contractor's
workplace and specifying the actions that will be taken against
employees for violations of such prohibition;
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(2) Establish an ongoing drug-free awareness program to
inform such employees about --
(i) The dangers of drug abuse in the workplace;
(ii) The Contractor's policy of maintaining a drug-
free workplace;
(iii) Any available drug counseling, rehabilitation,
and employee assistance programs; and
(iv) The penalties that may be imposed upon employees
for drug abuse violations occurring in the
workplace;
(3) Provide all employees engaged in performance of the
contract with a copy of the statement required by subparagraph
(b)(1) of this provision;
(4) Notify such employees in writing in the statement
required by subparagraph (b)(1) of this provision, that as a
condition of continued employment on the contract resulting from
this solicitation, the employee will --
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's
conviction under a criminal drug statute for a
violation occurring in the workplace no later
than 5 calendar days after such conviction;
(5) Notify the Contracting Officer in writing within 10
calendar days after receiving notice under subdivision (b)(4)(ii)
of this provision, from an employee or otherwise receiving actual
notice of such conviction. The notice shall include the position
title of the employee; and
(6) Within 30 calendar days after receiving notice under
subdivision (b)(4)(ii) of this provision of a conviction, take
one of the following actions with respect to any employee who is
convicted of a drug abuse violation occurring in the workplace:
(i) Take appropriate personnel action against such
employee, up to and including termination; or
(ii) Require such employee to satisfactorily
participate in a drug abuse assistance or
rehabilitation program approved for such
purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency.
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(7) Make a good faith effort to maintain a drug-free
workplace through implementation of subparagraphs (b)(1) through
(b)(6) of this provision.
(c) By submission of its offer, the offeror, if an
individual who is making an offer of any dollar value, certifies
and agrees that the offeror will not engage in the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance in the performance of the contract resulting
from this solicitation.
(d) Failure of the offeror to provide the certification
required by paragraphs (b) or (c) of this provision, renders the
offeror unqualified and ineligible for award. (See FAR 9.104-
1(g) and 19.602-1(a)(2)(i).)
(e) In addition to other remedies available to the
Government, the certification in paragraphs (b) or (c) of this
provision concerns a matter within the jurisdiction of an agency
of the United States and the making of a false, fictitious, or
fraudulent certification may render the maker subject to
prosecution under Title 18, United States Code, Section 1001.
(FAR 52.223-5)
61