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Contract No. 1992-41KODIAK ISLAND BOROUGH AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES C,9a-`// Amendment No. 1 Agreement No. Lift Statior Maintenance THE AGREEMENT BETWEEN THE KODIAK ISLAND BOROUGH HEREAFTER THE CONTRACTING AGENCY, AND MC DONALD ENTERPRISES , HEREAFTER THE CONTRACTOR, IS HEREBY AMENDED AND EFFECTIVE THE LAST DATE EXECUTED BY ITS PARTIES. CHANGES TO CONDITIONS OR SERVICES: Two new sewer lift stations located at the Spruce Cape US Navy's Cold Weather Training Facility are added to'this contract to be monitored, maintained twice weekly and repaired as needed under the terms of this agreement. THE FOLLOWING ATTACHEMENTS TO THIS AMENDMENT ARE INCORPORATED HEREIN: Attachment No. Title Date No. of Pages 1 Vicinity Map 4/2/93 1 2 Site Map 4/2/93 1 PAGE 1 of 2 CHANGES TO COMPENSATION: Method(s) of Pavment Lump Sum Current Amount(s) Thru Amendment # $ 2,106.17 Amount(s) for This Amendment $ 350.00 Revised Amount(s) $ 2,456.17 TOTALS $ 2,106.17 $ 350.00 $ 2,456.17 MAXIMUM LUMP SUM AMOUNT PAYABLE PER YEAR TO THE CONTRACTOR FOR ALL SERVICES PERFGRMED UNDER THE AGREEMENT, REVISED TU INCLUDE THIS AMENDMENT, SHALL NOT EXCEED TWENTY-NINE THOUSAND FOUR'"HONDRED SEVENTY FOUR Dollars ($ 29,474.00)• ALL OTHER PROVISIONS OF THE ORIGINAL AGREEMENT REMAIN IN FORCE. IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AMENDMENT. (SIGNATURES MUST BE AFFIXED IN ACCORDANCE WITH CONTRACTING AGNECY PROCEDURES.) CONTRACTOR: SIGNATURE: NAME: ( J; �I rr /�7c L�a n� /a( DATE TITLE: Uw eiZ, - /%7c Jja 2 iG0o%iusor CONTRACTING AGENCY: SIGNATURE: ` 3 NAME: ME M. SELBY DATE TITLE: KO IAK ISLAND BOROUGH T R SIGNATURE: 4-7 -93 NAME: STEVE HOBGOOD DATE TITLE: DIRECTOR, ENGINEERING/FACILITIES SIGNATURE l �/ 72 y��t w � 41 `? - /_3 NAME: DONNA F. SMITH DATE TITLE: KODIAK ISLAND BOROUGH CLERK CORPORATE SEAL PAGE 2 of 2 O i 7 h Q I VN, O i 7 h Q I Sf'6'ANi tl, NOIIVLS kill O 1103NNO +40+01 o V. NOIIVIS 1311 00+01 ti p OS'6L 'ANI m al I i Ol lO3NN00 'O"O 6"86+1Z o 1_i N O W 0 t 66'91 d0'S X / W p � 1311 ltl ONVl3 > 011 NNOO OVSI+fY A��( 19'9I "A NOLLVIS 1311 1 6015 4 1173NN0 �"t0+OZ + o h 0 +z N N 3 0 ry _.I �? V. Nouvls 1311 oo+oz o 6 z t 66'91 d0'S /, NOI1V1 1311 ltl ONVl3 > 011 NNOO OVSI+fY O w3 O� O O a I I e s'Iz o"e NV 89 30YNO OS+it i MtC r 091 d 1 0 AV388 3 VNO 09+6f I Contract N62474 -91-C-9649 \Iat�lY yD1Mioa.IJ• �J.� M N.11Y.lc NY (Premises to be served) (City) (State) Kodiak Island Borouah 710 Mill Bay Road Kodiak Alaska 99615 (Contractor (Contractor's Address) Premises are: Government Owned Estimated Annual Cost: $ 18,144 Estimated Connection Charge: $ 304,396 Rendering of Bills Connection Charge CanTwider (Code 0221CM) K0301/91C9649 Western Division Naval Facilities Engineering Crnmand 900 Camlodore Drive San Bruno, CA 94066-2402 Bills for Monthly Service Charges: Conwanding 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, CA 92132 Contract N62474 -91-C-9649 Camnnicatiais: All comnmications 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 0221CM) Western Division Naval Facilities Engineering Ca Tend 900 Camiodore Drive San Bruno, CA 94066-2402 -2- Contract N62474 -91-C-9649 This contract is negotiated pursuant to 10 U.S.C. 2304(c)(1) Appropriations Chargeable Connection Charge: AB 9720500.5604, 025, 11212 0, 062474, 2D, 000000, N00268 0199 C92 OAS 410802 & 410899 919649 $304,396.00 Recurring Billing Charge: Applicable funds will be cited on invoices or delivery orders issued against this contract. THIS CONTRACT is entered into as of JB 4 AUG 1982 by and between the UNITED STATES OF AMERICA, hereinafter called the GOVHRNMM, represented by the Contracting Officer executing this contract, and Kodiak Island Borough, whose address is 710 Mill Bay Road, Kodiak, AK 99615-6398, hereinafter called the CONIRACPCR. I. SCOPE. Subject to the terns and conditions hereinafter set forth, the CONPRACPCR shall furnish, and the GOVER102211T shall purchase and receive sewer service (hereinafter called service) requested by the aOVEREM from the CCWnU CTCR at the premises to be served hereunder (hereinafter called the service location), in accordance with the General and Technical Provisions and the sewer service specifications, attached hereto and made a part hereof. II. TERK. 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 WITNNS.4 MMZBOF, the parties hereto have executed this contract as of the day and year first above written. Name of Contractor V 0tj �� 14l Jerome— M- Selb� Typed Name TITLE d.a�_ ArEs7: UNITED STATES OF AbIWICR CATHERINE B. MORRIS Contract Specialist Service Contracts Branch Typed Name of Contracting Officer -3- Contract Number N62474 -91-C-9649 TZMUCAL ANDCNRFRAL PROVISIONS FOR UTILITIES SERVICE I. TF)MICAL PROVISIONS 1. PAMINT. (a) The CONTRACTOR shall be paid by the designated disbursing officer for service furnished hereunder at the rates specified; provided, that the GOVEW*MRT shall be liable for the mininRm 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 commencement and termination of this contract shall became effective. (b) Payments hereunder shall be contingent upon the availability of appropriations therefor, and shall not be made in advance of the services r€nd_Vred•. (c) All bills 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 custonws of the COTS U CTOR. 11 (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 GOVERMINT. (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 GOVEMEW 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 GUVMMMT 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 sewer service (which includes an operatics and maintenance rate for the lift stations serving the GOVE MT) is attached hereto and made a part hereof as EXHIBIT "B". -4- Contract N62474 -91-C-9649 3. CANOE 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 become effective as mutually agreed -provided that any rates so negotiated shall not be in excess of rates to any other customer of the CONTRACTOR 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 CONTRWXR has placed into effect a general rate decrease, a corresponding decrease in the contract rate shall be made. The Contracting Officer shall give reasonable notice to the CONTRACTOR respecting any material changes anticipated in the volume or characteristics of the utility services required. N 1'1 •'. '1D Y' II •• ti I I' • (a) The CONTRACTOR shall use reasonable diligence to provide a regular and uninterrupted supply of service at the service location, but shall not be liable to the MVER *Mr 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 CONTRACTOR. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the GOVIItNh W 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. •. �Z�' -.tis - J:y YYI:r. (a) The CONTRACTOR, 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 Specificatioes. Title to all of these facilities shall remain in the CORTRACTCR and shall be responsible for all loss of or damage to those facilities except that arising out of the fault or negligence of the GUVERRESNT, its agents or its employees. All taxes and other charges in connection therewith, together with all liability arising out of the negligence of the MITRACPOR in the construction, operation, or maintenance of these facilities, shall be assured by the CONTRACTOR. -5- Contract N62474 -91-C-9649 (b) The GOVERNKM hereby grants to the CC>KIMOM, 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 installation, operation, and maintenance of the facilities of the CCRIRACTCR at suitable times to perform the obligations of the CONIRACrCR with respect to these facilities. It is expressly understood that the OOVECNMM 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 GOVERNIM premises restored to their original condition, ordinary wear and tear excepted, by the COMIIUCTCR at its expense within a reasonable time after the GOVERN 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 COMRACPOR these facilities may be retained in place at the option of the OOVERMST1' until service comparable to that provided for hereundW is obtair#Rd elsewhere. (d) Electricity to lift stations "A" and "B" will be provied by the • 'IJ•II"1' I • 'Is"/11':1 " •• IP • Y'1 .t" '•.' 'YJ J' "S' Y' In consideration of the furnishing and installation by the CONTRACrCR at its expense of the new facilities described in EXHIBIT "C", attached hereto and made a part hereof, the CmVERNM l' shall pay the C01MU CRR, in advance, as a non-recurring, non-refundable connection charge,the actual construction cost advance, (in accordance with the CONTRACT R's Ordinance No. 82-3-0) but not to exceed the sum of $304,396, as shown on EXHIBIT "D". S. CHMMU IP, OPMMCII, Alm 141IIP1WWAVE OF NHN FACILITIES. Notwithstanding the payment by the GOVERI!ffiR' of a connection charge, the facilities tole supplied bywthe CO[RRACTCR, under this contract or any renewals thereof, shall remain the property of the CONTRAC M and at all times during the ;lite of this contract shall be operated and maintained by the CCNTRAC M at its expense. 9. TERMWICK PRIM TO C OKKMl'ICN CF FACILITIES. The OOVERWWT reserves the right to terminate this contract at any time prior to completion of the facilities provided for herein with respect to which the GOVIIdNMOT is to pay a connection charge. In the event the OOVERN W exercises this right, the CONTRllC11CR shall be paid fair compensation, exclusive of profit, for the work performed with respect to those facilities. -6- Contract N62474 -91-C-9649 The MVEIMMTP 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 OOVF13t4Eltr is to pay a connection charge. 11. TERKINATICH B4 THE CCUTRACTOR. In the event the CONTRACM terminates this contract or defaults in performance, the OOVER*Z[fP shall have no obligation to pay the CONTRAlCTM any amount for its connection obligation pursuant to the terns of this contract. 12. NILTIPLE SERVICE LOCATIONS. By written order, the Contracting Officer may at any time designate any service location within the service area of the OCNTRACTCR at which service shall be furnished or discontinued thereunder, and the contract shall be modified in writing accordingly by adding to or deleting from the 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 terns and conditions. 13. AMITICHRL GENERAL PROVISIONS. Utility Service Contract, all as attached hereto and made a part of Contract N62474 -91-C-9649. -7- Contract N62474 -91-C-9649 SERENER SERVICE SPECIFICATIONS 1. SPECIFIC PREMISES TD BE SERVED: Cold Weather Training Facility, Cape Spruce, Kodiak, AK ESTD4ATED SERVICE: Estimated average daily flow: 5,000 gallons per day Estimated average annual flow: 244,000 cf/yr (The GOVERNMENT is in no way obligated to deliver the above estimate.) 3. SERVICE TO BE Rim: The CONTRACTOR shall furnish a sanitary sewer connection and sanitary sewerage service as required by the OOVEIME NT and shall receive, carry, treat and dispose of all sanitary sewage originating at the project in such amounts as the GOVERNMENT desires to release into coffin iLM's sewer system and in a manner and by such means as will constitute no hazard to the public health. The CON'1RPiCPUR shall operate its sewage disposal and treatment facilities in conformity with applicable laws, rules, and regulations promulgated by Federal, state and local authorities. 4. POINT CLT DELIVERY: The sewage shall be delivered to the QXTRA UM by the OOVERNMERr at the point of delivery as generally described in E31HIBIT "E", attached hereto and made a part hereof. 5. SIZE OF SENE R TO POINT OF DELIVERY: 2 INCHES DIAMETER. -8- .. - .. �4 "'40 NO-UO3 P.02 FXHIRIT "A" Introduced by: Mayor Selby Requested by: Finance Director Drafted by: Finance Director Introduced: 05/21/92 Public Hearing: 05/21/92 Amended: 05/21192 Adopted: 05/21/92 KODIAK ISLAND BOROUGH RESOLUTION NO. 92-06 A RESOLUTION ESTABLISHING FEES OF THE KODIAK ISLAND BOROUGH WHEREAS, prudent financial management dictates that an organization will review its fees,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 21st DAY OF MAY, 1992. ATTEST: KODIAK ISLAND BOROUGH LSt0ough ayor I - Presiding Of r l Kiri ,at Borough Clerk Kodiak Island Borough, Alaska Resolution No. 92-06 Page 1 of 16 -�V _�JQ HUO 21'y2 12:43 No.003 P.04 FEE Title 17: ZOtthu (initW fees in 1%5 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.) (82-47-0)175.00 ' Other P&ZC Approval - (e.g. 17,21.050 C.) .................... 175.00 Appeal to Commission (17.90) 25.00 Review of P&ZC Decision (17.80) 150.00 1 Appeal to Assembly (17.100) ........... ....... 25.00 Zoning Compliance (17.03.060) ........ 150.00 .................... ....10.00 Tltte IS: Borough Real Property Land Disposal Application (18.20.060 A.)(83-66-0) Right -of -Way Permits (annually) $ 175.00 Wood Cutting Permits 250.00 ....... ................. 5.00 Utility Fees 11 Water -City fee plus ......... I .. . Sewer -City fee plus . $10.00 Garbage fee -from neighborhood dumpsters , 12.00 Garbage fee -door to door pickup . 15.50 Lien Fee .18.00 Late fees .50.00 Deposit fee . ... I ........ I ..... " " ' • • • • • I %e for each class of service. plus $1.00 Po 146.00 Water rate - vacant ................... .................. 10.00 Connect (City fee plus) . .... • ........................... 30.00 After Hours - Connect (City fee plus) .... . Disconnect .......... 60.00 After Hours - Disconnect ....... 30.00 60.00 Kodiak Llaod Borough Page 5 of 16 July 24, 1992 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 34.00 39.00 15.50 50.00 same 146.00 10.00 30.00 60.00 A. For single family and duplexes: New residential single family . . . . . . . . . . $ 50.00 New duplex. . . . . . . . . . . . 70.00 g Additional plumbing, remodeling . . . . . . . . . . 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 1.000btu)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 tee 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 Kadfak Island derajp iqa 10 Of 1S "rch 12, 1992 Contract N62474 -91-C-9649 EXHIBIT "B" CALCULATION OF CHARGE Elxt SEWER SERVICE Equivalent Unit Calculation for Sewer 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 MOHMY SHIER RATE SUMMARY (per unit) Resolution No. 92-06 $ 39.00 Preventative Maintenance Lift Stations 13.00 Corrective Maintenance Lift Stations 2.00 Sewer Rate 28 Units X $ 54.00 $1,512 per/Mo. $ 54.00 per unit Contract N62474 -91-C-9649 EMIBIT "C" 1. Construction of Sewer force gravity main, sanitary sewers and pump station $ 270,193 2. Administrative Costs consisting of inspection, clerical and testing 34,203 -10- EXH I B I T "D" ATTACHED TO AND MADE A PART QF "' `� ` • y `V �J • V - • y -J ,ONTRACT N62474. V-- C- f6 V? 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-O(part), 1982). 13 O1 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 set forth in tma 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 rain. (Ord. 82-3-0(part),-1982). - - com*Asctions. A. All applications for water and/or sewer service connections shall be made to the borough cashier or. forms provided by the borough. 8. If the water and/or sewer 'Une 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 tittapplicant t� �of he estimatedmated byheroughengineer to cover tservice 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 All nowh a erthe and/or sewer deposit, service connect ons shallshall be bd. e designed .and constructed. in compliance with applicable codes and in accordance with temptable construction practices. Each service connection shall be inspected by the borough and/or city prior to burial to determine source of service, complianca with established bcrough/city construction standards and general integrity g will nlof the connection. No sewer connection will be perms tted the inflow or. infiltration of material from nonsanitary sourcos. (Ord. 82-3-0 (part), 1982). 13-3 (KIB 1/91) PC 0 s x w r s Z 0 m 0 m 0 c a x m x a ff m c a D 11 liz. X = an0 � PO� A < z � y m mss' A man s Am 9 No z �d"m K n R _ A K m x a ff m 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 20. 21. 22. 23. 24. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 ADDITIONAL GENERAL PROVISIONS (UTILITY SERVICE CONTRACT) TABLE OF CONTENTS DEFINITIONS (APR 1984). . COVENANT AGAINST CONTINGENT FEES (APR 1984) CONFLICTS (APR 1984)• . RESTRICTIONS ON SUBCONTRACTOR SALES TO -THE GOVERNMENT (JUL 1985). . . . . . . . PROTEST AFTER AWARD (AUG 1989) . . . . . . ASSIGNMENT OF CLAIMS (JAN 1986) . . . . . . DISPUTES (APR 1984)• . . . . OFFICIALS NOT TO BENEFIT (APR 1984) . . . . GRATUITIES (APR 1984) . • CONVICT LABOR (APR 1984) CONTRACT WORK HOURS AND SAFETY STANDARDS ACT -- OVERTIME COMPENSATION (MAR 1986) . EQUAL OPPORTUNITY (APR 1984) . AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) . • • AFFIRMATIVE ACTION FOR HANDICAPPEDWORKERS • FAR 52.202-1 • FAR 52.203-5 •.FAR 52.208-3 . .FAR 52.203-6 • FAR 52.233-3 •.FAR 52.232-23 . .FAR 52.233-1 • FAR 52.203-1 . .FAR 52.203-3 • FAR 52.222-3 . .FAR 52.222-4 • FAR 52.222-26 FAR 52.222-35 (APR 1984)• . . . . . . . . .FAR 52.222-36 CLEAN AIR AND WATER (APR 1984) . . . . . .FAR 52.223-2 FEDERAL, STATE, AND LOCAL TAXES (NONCOMPETITIVE CONTRACT) (JAW 1991). .-.-. . .FAR 52.229-4 AUDIT -- NEGOTIATION (DEC 1989) . . . . .,. . .FAR 52.215-2 INTEREST (JAN 1991) . . . . .FAR 52.232-17 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (JAN 1991) . ANTI -KICKBACK PROCEDURES (OCT 1988) . . . . SPECIAL PROHIBITION ON EMPLOYMENT (MAR 1989).. . . . . . . PROCU209ZWT INTEGRITY (NOV 1990) . REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY (NOV 1990) . . . . . . . . . . . PROMPT PAYMENT (APR 1989) . . . . . . . . . .FAR 52.215-22 •.FAR 52.203-7 DFAR252.203-7001 . .FAR 52.237-9 •.FAR 52.203-8 •.FAR 52-232:25 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 TABLE OF CONTENTS continued 25. NOTICE OF RESTRICTIONS ON CONTRACTING WITH 26, RESTRICTIONSEON CONTRACTINGRSONS (APR IWITH • •FAR 52.225-12 SANCTIONED PERSONS (APR 1991) 27. 28. SERVICE OF PROTEST (NOV 1988). •FAR 52.225-13 EMPLOYMENT REPORTS ON SPECIAL DISABLED. VETERANS FAR 52,233-2 AND VETERANS OF THE VIETNAM ERA (JAN 1988) 29. 30. DRUG-FREE WORKPLACE (JUL 1990)• . • • ' ' ' • •FAR 52.222-37 CERTIFICATION REGARDING_ DEBARMENT . . ' ' ' ' •FAR 52.223-6 PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY - 31. ROTMATTECTINGATHE989) GOVERNMENT, ' ' S INTEREST WHEN SUBCONTRACTING F` 52'209-5 WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (MAY 1989) 32. UTILIZATION OF•SMALL•BUSINESS CONCERNS. 'FAR 52'209-6 33. AND. C UTILIZATION OF WOMEN-OWNEDS •FAR 52.219-8 SMALL BUSIERNS NESSES (AUG 1986) 34, 35. SUBCONTRACTOR COST. OR PRICING DATA(APR 1985) PROTECTION OF FAR 52.219-13 GOVERNMENT BUILDINGS, ,FAR 52.215-24 36. EXAMINATIONAND OF RECORDSION BY THERCOMPTROLLER FAR 52.237-2 GENERAL (APR 1984) 37. CERTIFICATION REGARDING A DRUG-FREE •PAR 52.215-1 WORKPLACE (JUL 1990) . . . - • . . ' • • • . •FAR 52.223-5 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 I. 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-oz-Secretary- (b) gency-ozSecretary-.(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. 3 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 "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 . contingent upon the success that a person or concern has in securing a Government contract. " influence thaoper lnau tinducesortendstoinduce ahGovernment employeey 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. RBSTitICTIONS ON SUBCONTRACTOR SALBS TO TM 1' (JUL 1985) (a) Except as provided in (b) below, the Contractor shall not enter into any agreement with an actual or prospective sunnr, which has o bcontractor, restricting csales t in aby suchesubcontractorsr may computer Government software)madeor furnished eitem o hedbythersubcontractor 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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 Contrae-Viag Officer shall make ice, or both, anditable dthetcontractnt in the shall be i 1enowritingcontract 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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (c) If a stop -work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop -work order in arriving at the termination settlement. d te work covered )byfthe sorder ois terminatedoforadefault,t cnceletheh Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop -work order. (e) The Government's rights to terminate this contract at any time are not affected by -action -taken under this clause. (FAR 52.233-3) 6. ASSIGNMENT OF CLAIMS (JAN 1986) (a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as "the Act"), may assign its rights to bepaid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. and this (b) Any assignment or reassignment authorized under the Act contract, candsshalllnotobermade to moreathantoneayarty under this �one, except that an assignment or reassignment may be made to agent or trustee for two or more parties party as financing of this contract. Participating in the (c) The Contractor shall not furnish or disclose to any assignee uA4er this contract any classified document (including this contract) or information related to wo until the Contracting rk under this contract (FAR 52.23I-23) Officer authorizes such action in writing. 7. DISPOTSS (APR 1984) __ (aPf*l,- contract is subject to the C 1978 (4I O.S.C. 601-613)(the Act). ontract Disputes Act of ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 contract,runlikegatclaimsrelatingtto thatacontract,�gis 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- 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 writtendecision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. For Contractor2shall submit cwithcthem claimealais dcertificationthe 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 7 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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. (PAR 52.203-1) ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 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 -- d or an gift) to)anfOfficerr# official,aor1employee,ofntheentertainment Government; and (2) Intended, by the gratuity,_ to obtain -a-contract or favorabletreatment 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 ( exemplary damages doftnot less nthan h3rnor mmore es thani10dtimesatheto 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) s applicable o igli€-this uses money appropriated to th&-Departmenkcontract (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. COW'C? LABOR (APR 1984) The Contractor agrees not to employ any person undergoing sentence of imprisonment in pts€orming this -contract except as provided by 18 U.S.C. 4082(c)`(2) and Executive Order 11755, December 290 1973. (FAR 52.222-3) ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 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,withoutpayment 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 writtequest 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 rall- assistedcontract ssubjectmto therContractrWork Hours andanother eSafety Standard&: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 fortis in paragraph -(b) of this clause. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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- requ-iced to be maintainer} for construction work--by---- Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Davis -Bacon Act. (2) The records to be maintained under paragraph (d)(1) of this clause shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit such representatives to interview employees during working hours on the job. e shall insert inSany osubcontracts ethe nprovisions set tractor or cforth cinrparagraphs (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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 shall comly with 11246, as amended, and athe rrules, regulations,Eanduordersrofxective rthe Secretary of Labor. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 agency all Contractor informationrequired lbyfExecutive Order 11246, asamended, and by the rules, regulations, and orders of the form, is of Labor. the prescribed aform dtoobe filedE Ewithin 30 dayss yssfuccessr ollowing 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 underrExecutive Order 11246, asfamendedcrsoathhat ftLab hese termseand 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 disputes relative to this clause will be governed procedures in 41 CFR 60-I.1.-__ERAR 52.222 -26} - contract, by the ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 13. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR 1984) (a) Definitions. system," aspused rintthifice of t sclause,means he athe te elocal moffice rofcthe 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 ..aw-•�.=*-++amsa-mss+.. � _ - . - --_�' ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 CONTRACT N62474 -91-C-9649 (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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 doem-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) ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 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. Contractor regulations, and relevant ordeetcomply rsoftheSecretary ofeLabor s� (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. (Z) 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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 The representative ofCworkers oshall withwhichtityhasca collective h labor n or 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 *h Act- _ this clause nSubcontracts. Contractor d useineverysubcontractorpurchase orderitterms of nexcessof $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 seg.). "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)). 19 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 "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). with -"Compliance," as used in this clause, means compliance - (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; ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 thkjr�a3asse, means any new or increased Federal, State, or local tax os 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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 "After -relieved tax," as used in this clause, means 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 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. any the "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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 - o€ -all matters relatiner 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. ADDIT--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. 23 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 terminated, the records relating made available for 3 years after settlement; and completely or partially to the work terminated shall be any resulting final termination ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 Defecti:Y4 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: ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 Lost shall be reduced accordingly and the contract shall be modified, to reflect the reduction. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 -hat a price - oma -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 -- 27 (A) (B) An (A) (B) ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 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 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. offset shall not be allowed if -- The understated data was known by the Contractor to be understated when the Certificate of Current Cost or Pricing Data was signed; or 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) ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 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.clausc,__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 employe*A7_as used in this clause, means -- any officer, partner, employes, -=o agent ef--suboontract©r. ,- ��_ ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 agent 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. 31 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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. U.S.C(d) In the addition tothe vernment criminal penalties contained in 10 consider other remedies, such as suspension or debarment, may directavailable 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 imposed, the reasons for the requested waiver, and an explanation of why waiver of the Punishment the interests of national securityons . paragraph (c)(1) above is in (f) The Contractor agrees clause, including this paragrto include the substance of this aph (f), appropriately modified to reflect the identity and relationship of the parties, in all subcontracts exceeding $25,000. (DEAR 252 203-7 001) 22. PROCUROU:MT INTEGRITY (XAY 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-- Of the (1) Provide for the distribution of written explanations provisions of section 27 of the Office of Federa Procurement Policy Act (41 U.S.C. 423) as implemented il n the FAR to such employees; and ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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. )Pursuant serving asaprocurement official dmayabeorequestedCntractoretolexecuteo is 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, to the Contracting Officer that he osuch employee shall certify continuing obligatir she understands the procurementonduring the conduct of the agency , not to disclose proprietary or source selection information related to such agency procurement. (FAR 52.237-9) 23. REQOIREKMT FOR CERTIFICATE OF PROCURMM 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 shallsexecuteethefollowing Officer employee certificationsible for this offer CERTIFICATE OF PROCURE INTEGRITY (1) I, [Name of certifier], am the officer or employee thatntobthefor besthofpmyparation knowledgefandls Offer andbelief, ereby sOf any information described is this certificate, I have no ubsection 27(a), concerning a violation or possible violation of subsection 27(a), (b), (d), or M of the Office of Federal Procurement Policy Act, as amended* (41 U.S.C. 423), (hereinafter referred to as "the _Act"), as during thecond,i_mplemented in the FAR, -occurring uct of this p f"rement (solieitahion number},_ .. _ -, rte.: r ---- �. .-�-. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (2) As required by subsection 27(e)(1) Of the Act, each further certify that, to the best of my knowledge)and belief, I [Name of Offeror p who haagent, representative, and consultant of as 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. pla(3) Violations or possible violations: (Continue on in bond paper if necessary and label Certificate of Procurement Integrity (Continuation Sheet EXISTS) ), ENTER NONE IF NONE solicitat(4) I agree that, if awarded a contract under this ion, the certifications required by subsection 27(e)(1)(B) of the Act shall be maintained paragraph (f) of this provision. in accordance with [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 1, 1991. THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE SUBJECT TO PROSMAKER ECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001. (End of certification) Alternate f (SEP 1990). Procurements using other than sealed bidding procedures: ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (c) For procurements, including contract modifications, in excess , $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: unpriced cc ttFor letter ccontracts, other unpriced contracts, or contract or modification contaaiinswhether a maximum or not tonexce d 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, n or award of the unpriced contract or unpriced contract modificatioand execution of the document establishing the definitive price Of such unpriced contract or unpriced contract modification. execution(Of aopricedcorderring agreements, prior to the unpriced order, whether or notrior the unpriced to thexorderoconof an tains a price uofoannot unpricedexceed order1The1candf second certificate to be submitted for unpriced orders shall applyronlyto etoathes err the between award of the unpriced order and execution of thedocument 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 .1 the contract or contract modification and all options (see 3.104-4(e)) exceeds $100,000. 35 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (5) For purposes of contracts entered into under section 8(a) of the SBA, the business entity with whom the SHA contracts, and not the SBA, shall be required to comply with the obtain lthe lsigned on ucertificate from nts of ethe obusine). entity shall forward the certificate to the Contracting and award of a contract to the SBA. Officer 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. i rsuant to to executeuadditionalFcceertifications Offeror re Government. Failure of q thequested certifications shall cause its eoffer ror otoubelrejected. t the ditional (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 procurement or take any other appropriate ac interests of the Government, such as disqualtions in the ification of the Offeror. (f) In making the certification in paragraph (2) of the certificate, the officer or employee of the competing contractor responsible for the offer may rel uone-time from each individual required to submit a certifcationitoctheon cerrtificationsrshall �beuobtainedeatbtheeear lic trainin after an individual required to certify begins employment orese association with the contractor, possible date on a certification executed prior to theosuspensiontractoreofdsectione27 (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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (9) 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) Fr purposes of the , "invice a Government disbursement of monies atoea ControactorPayment by contract or other authorization for supplies or services accepted that hGoverment. athavebeenaccepted sbynthe dGovernmentsandrfinallcosteorvfeees payments where amounts owed have been settled between the Government and the Contractor. (2) Except as indicated in subparagrapfe (4)(3) and paragraph (c) of this clause, the due dateformaking 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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 requiring psubmission repared oofeanbinvoice shalllbe asle fts or ois, andfollows: not (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 ggs, 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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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-.—__ (4) An invoice is the Contractor's bill or written request 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 does not 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 clause. penalty owed the Contractor in the manner described in subparagraph (a)(6) of this (i) Name and address of the Contractor. (ii) Invoice date. (iii) 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. 39 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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, withouttrequestyfromltheecontractor,naifcpaym by is not made by the due date and the conditions listed in payment subdivisions (a)(5)(i) through (a)(5)(iii) of this met, if applicable. An interest clause are 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. (ii) 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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 ) hinterest establishedbythesecretary noftth the heTreasury all be tunderrate 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.}eopttact) 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, comp_e1--Government officials to accept. supplies or services, perform contract administration functions, or make payment prior - - -to-fulfillingtheir responsibilities. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (ii) The following periods of time will not be included in the determination of an interest (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 52233-1, 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-- ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (i) Is owed 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 Contractorundera contract--olause or other--a"horiaation Wior- 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) 43 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 manufacturing or processing operation by which the part or product is converted or combined into a new and different article ofcommercehaving a new name, character, and use. Control)Section 3 EnhancementAmendmentsAct (Pub of the ML. 100-418) andExecutiveOrder 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 Company and Kongsberg Trading Company. These prohibitions also apply to subsidiaries, successor entities or joint ventures of Toshiba Machine Company or Kongsberg Trading Company. (c) Restriction. Unless listed by the Aikwactor 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 the finished product. -(2) To products or saivices of a -sanctioned person provided-- ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (i) The products are designed to the specifications of a nonsanctioned person marketed under the trademark, brand or name of the nonsanctioned person; (ii) The business relationship between the nonsanctioned person and the sanctioned person clearly existed prior to June 30, 1987; 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). solicitation Award of tract 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.O. Box 727, San Bruno, CA 94066-0720. (b) The copy of any protest designated above on the same day GSBCA or within one day of filing (FAR 52.233-2) shall be received in the office a protest is filed with the a protest with the GAO. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 28. EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (JAN 1988) (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--h r -ed- 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). 47 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 count of ns (a) Ofethiseclause shalltbeabasedponted voluntary1dig sclosure. 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 $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. (FAR 52.222-37) 29. DRUG-FREE WORKPLACE (JUL 1990) s. As used in this ed substanceDemeans lancontrolled substance linsschedules oIlthrough 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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 "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- prgsams.#- 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 employakent-on this contract, the will -- employee =- �+:v�u-a...., � �s.-.A,... mss,•. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 subject to suspension of contract payments, termination of the contract for default, and suspension or debarment. (FAR 52.223-6) ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 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 (A) (B) (C) Offeror and/or any of its Principals -- Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts -by- any Federal -agency;_ 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 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. The Offeror has [ ] 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). ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 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 paragraph (a) of this provision exists will not necessarily result in withholding 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) ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 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 protect ibgp,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) ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 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 payments 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 definedpursuantto 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 individualst 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 yam• .K.... ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 Americanar_Hispanic AmericansY_ tivv--Amercan -Asian- Americans, Subcontinent Asian Americans, and other minorities, or Pacific any other individual found Administration pursuant to to be disadvantaged he the section 8(a) of the Small Business disadvantaged entities Act. The contractor shall presume that socially and economically Hawaiian Organizations. also include Indian Tribes and Native (d) Contractors acting in good faith ma representations by their subcontractors regary on dingtheirrstatus 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) means (small obusinessdconcernsll uthatsare�ataleastused 51in this clause by women who are United States citizens and who alsoercent controlwaand operate the business. "Control" as used in this clause, means exercising the Power to make policy decisions. involved in "Operate", as used in this clause, means being actively the day-to-day management of the business. 55 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 "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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 $100,000 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, BQUIPMENT, AND VEGETATION (APR 1984) The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation 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 direct8. If the CmMaator failsor- refuses to mks such repair or replacesenE,_bb&'Contractor shall be liable for the cost, whichlmay be deducted frost 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. ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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- froze --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 $10,000 and (2) subcontracts or purchase orders for public utility services at rates established to apply uniformly to the public, plus any applicable reasonable connection charge. (d) The periods of access and examination in paragraphs (b) and (c) above for records relating to (1) appeals under the Disputes clause, (2) litigation or settlement of claims arising from the performance of this contract, or (3) costs and expenses of this contract to which the Comptroller General or -.a duly- authorised.representative from the General Accounting Office , taken exception shall contfnue until such appeals .litigation, claims, or exceptions are disposed of. (FAR 52.215-1) 37. CERTIFICATION REGARDING A DRUG-FREE WORKPLACE (JUL 1990) (a) Definitions. As used in this provision, "Controlled substance" means a controlled substance int' schedules I'through V of section 202 of the Controlled Substanow Act (21 p.$.C. 812) and as further defined in regulation at 2L , CFR 1309.11- -.1308.15. ._ 7.3 ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 "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 -€rem -engaging in- the unlawful marufaetu-re-r - - 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 employedundera 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; -_-- 59 x x ATTACHED TO AND MADE A PART OF CONTRACT N62474 -91-C-9649 (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 (e) of this provision, renders -the offeror unqualified and ineligible for award. (See FAR 9.104- l(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) O z H z H H m E+ H EU Co ah x°a Fa W rf V• m n �W E O 1 U>»0 to 5 >E+t E zM �0 n o . n as 0 w WE 01 Uz U T > H M H n Co W rf V• m Oo W H V' maD H Lnm 10 ko �0 n M (? n N 0 O O 01 t T V O V W rz O H V W H r1 Co n %0 4 M 1n ul 10 n (p H V) G n N H 111 H H O rf H C1 H O O H n H W 10 a N 01 aa LO t o fq H V) 0 1n 1n 0 H M N n n n a n n w rn a n .1i S". In N U V] V) 0 0 1n 1n m a1 �o 01 co %o Lei ko w r tri o+ v T H N 1n N H U H y H V1 H 1n O %0 0% H n co H %D N �0 r1 H O S'. N N n H U N N N M VI Vl N N In �0 n H a0 1n O W co N x n O 0 N r1m U N r1 r1 O y V) U W z H M O za d aF xH za 9E+ w ozza� wF 1 z z m W U U w Q 4 NATIVES OF, KODIAK P.O. BOX 184 KODIAK, ALASKA 90615 August 5, 1992 227 W. REZANOF, SM 1 3 Wn 4894M Udisk Island Borough Mr. Stave Nobgood, Engineering Facilities Director 710 hill say Road Kodiak, Alaska 99615 Ret Xodiak Spruce cape u.S. Navy Cold Weather Training Facility Water i Sanitary Bower Project (KID 350-753) Dear Mr. Bobgood: Please consider this letter as notice that Natives of Rodiak, Inc. accepts the apparent low bid submitted by Anderson construction as described in the KID August 4, 1l92 Old Tabulation for the above referenced project. At your request I an prepared to execute the required Agreement and Revocable License for this project. Since lY, Presidentt//csD i 9 r p r -i