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PublicSafetyCommitteeMeeting CommissionChamber -7/11/2011 -12:45PM
PUBLICSAFETY
1.ApproveaMemorandumofUnderstanding(MOU)between the
Augusta Utilities Department (AUD) and Information
Technology(IT)tojointlyusethefacilitiesat18 32WyldsRoad
and approve installing a 100MB internet service lin e from
WindstreamCommunicationsatthesamelocation.
Attachments
2.Approve Capacity Agreement for FY2012 for state inm ates
beinghousedintheRichmondCountyCorrectionalIn stitution.
Attachments
3.Motion to approve Fiscal Year 2012 County Capacity
AgreementwiththeGeorgiaDepartmentofCorrection srelative
toStateinmatesbeinghousedinRCCI,andtoautho rizethe
MayorandClerkofCommissiontoexecutesuchdocum entsas
necessary to consummate the transaction, all in for m as
approvedbycounselforAugusta.
Attachments
4.MotiontoApproveanOrdinancetoAmendtheAugusta ,GA
CodecreatingTitleTwoChapterTwoArticleSixSec tion2-2-
57RelatingtoImposinga9-1-1ChargeonPrepaidWireless
Service; To Repeal All Code Sections and Ordinances in
ConflictHerewith;ToProvideanEffectiveDateand forOther
Purposes.
Attachments
PublicSafetyCommitteeMeeting
7/11/201112:45PM
ApproveMemorandumofUnderstanding(MOU)andInter netServiceProvider(ISP)Connection.
Department:InformationTechnology
Caption:ApproveaMemorandumofUnderstanding(MOU)between the
AugustaUtilitiesDepartment(AUD)andInformation Technology
(IT)tojointlyusethefacilitiesat1832WyldsRo adandapprove
installinga100MBinternetservicelinefromWinds tream
Communicationsatthesamelocation.
Background:TheAugustaUtilitiesDepartment(AUD)andInformat ion
Technology(IT)willjointlyinhabitthefacilityl ocatedat1832
WyldsRoad.ITwillbeusingaportionofthebuild ingasits
DisasterRecovery(DR)site.AUDwillbeusingapo rtionofthe
buildingforitsMeteringDivision.Aninternetser vicepresenceis
neededtosupportInformationTechnology’sDRsite.Itwillserve
asabackupforourinternetservicerunningatthe downtownIT
datacenterincaseofafailureandalsoasasupp lementalservice
tothemaindowntownservicewhenextracapacityis needed.This
willbeaGSAcontractwithWindstreamCommunicatio ns.
Analysis:TheAugustaUtilitiesDepartment(AUD)andInformat ion
Technology(IT)havemutuallyagreedthatthejoint useofthis
facilityisinthebestinterestofbothparties.B yusingthisfacility,
ITwillbeabletotakeadvantageofthefunctional equipment
currentlyinstalledandreducethecapitalandtime requiredtohave
afunctionaldisasterrecoverysite.TheInstallati onofWindstream
asanInternetServiceProvider(ISP)iscoveredun dertheattached
statecontractandisthelowestpricecurrentlyav ailable.
FinancialImpact:FundsareavailableinAugustaUtilitiesDepartment and
InformationTechnology’sCapitalandOperatingbudg et.
Alternatives:Nonethatmeetrequirementsorbudgetconstraints,atthistime.
Recommendation:ApproveaMemorandumofUnderstanding(MOU)between the
AugustaUtilitiesDepartment(AUD)andInformation Technology
(IT)tojointlyusethefacilitiesat1832WyldsRo ad.Approve
installinga100MBinternetservicelinefromWinds tream Cover Memo
Item # 1
Communicationsatthesamefacility.
FundsareAvailable
intheFollowing
Accounts:
FundsareavailableintheInformationTechnology’s Capitaland
Operatingbudget272015410-5232111and101015410-52 32110
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Procurement.
Utilities
Administrator.
ClerkofCommission
InformationTechnology
Finance.
Law.
Procurement.
Utilities
Administrator.
ClerkofCommission
Cover Memo
Item # 1
FACILITY SHARING AGREEMENT
MEMORANDUM OF UNDERSTANDING
THE AUGUSTA UTILITIES DEPARTMENT
AND
THE AUGUSTA DEPARTMENT OF INFORMATION TECHNOLOGY
WHEREAS, The Augusta Utilities Department will purchase and hold deed to said
property located at 1832 Wylds Road, Augusta, GA 30901 with respect to the Augusta-
Richmond County Consolidated Government.
WHEREAS, The Augusta Department of Information Technology has purchased 19.2 % of
the facility (as shown in attachment A) located at 1832 Wylds Road, Augusta, GA for the
amount of $184,400.00.
NOW, THEREFORE, BE IT RESOLVED that The Augusta Utilities Department and
The Augusta Department of Information Technology under the conditions
hereinafter set forth shall execute the following memorandum of understanding.
This Memorandum of Understanding made and entered into as of the ________ day of
________________, 2011 by and between The Augusta Utilities Department and The
Augusta Department of Information Technology.
SECTION I
THE AUGUSTA UTILITIES DEPARTMENT RESPONSIBILITIES
1. The Augusta Utilities Department shall be responsible for the procurement of
said property.
2. The Augusta Utilities Department shall be responsible for the maintenance and
associated costs for the portion of the facility that shall be occupied by The
Augusta Utilities Department.
3. The Augusta Utilities Department shall be responsible for exterior maintenance
of said property.
4. The Augusta Utilities Department shall be responsible for all remodeling,
construction, and associated costs for the portion of the facility that shall be
occupied by The Augusta Utilities Department.
Attachment number 1
Page 1 of 5
Item # 1
5. The Augusta Utilities Department shall make every reasonable effort to keep said
facility secure.
6. The Augusta Utilities Department will provide The Augusta Department of
Information Technology with access to the space occupied by The Augusta
Utilities Department for use during the event of an emergency. The method of
access (key, card, RFID, etc.) will be kept in a secure location and only be
accessible to and used by authorized personnel. A list of authorized personnel
will be maintained and approved by each department head.
7. The Augusta Utilities Department will provide The Augusta Department of
Information Technology with parking access.
SECTION II
THE AUGUSTA DEPARTMENT OF INFORMATION TECHNOLOGY RESPONSIBILITIES
1. The Augusta Department of Information Technology shall be responsible for the
maintenance and associated costs for the portion of the facility that shall be
occupied by The Augusta Department of Information Technology.
2. The Augusta Department of Information Technology shall be responsible for all
remodeling, construction, and the associated costs for the portion of the facility
that will be occupied by The Augusta Department of Information Technology.
3. The Augusta Department of Information Technology shall make every reasonable
effort to keep said facility secure.
4. The Augusta Department of Information Technology shall provide The Augusta
Utilities Department with access to the space occupied by The Augusta
Department of Information Technology for the purpose of safety and damage
control. The method of access (key, card, RFID, etc.) will be kept in a secure
location and only be accessible to and used by authorized personnel. A list of
authorized personnel will be maintained and approved by each department
head.
5. The Augusta Department of Information Technology shall reimburse The Augusta
Utilities Department for their portion of the electric bill. This shall be based upon
a percentage to be determined, by an electrician, once both parties have
inhabited the facility. If either party inhabits the facility prior to the other the
Attachment number 1
Page 2 of 5
Item # 1
electric bill will be the responsibility of that party until cohabitation has taken
place.
SECTION III
SHARED RESPONSIBILITIES
1. The Augusta Utilities Department and The Augusta Department of Information
Technology shall share all associated costs related to the improvement or
maintenance of the structure. These costs shall be based on the square footage
occupied by each department.
2. The Augusta Utilities Department and The Augusta Department of Information
Technology shall submit to the other, in writing, and collectively agree to the
costs associated with such improvements or maintenance of the structure prior
to the performance of such improvements or maintenance.
3. If either party desires to no longer inhabit the facility then written notice will be
given to the other party one hundred and eighty (180) days prior to their intent
to vacate. The vacating party will be responsible for the removal of equipment or
improvements to the property. The remaining party will be given first option to
procure the facility. If procurement is not possible, the remaining party will be
given an additional one hundred and eighty (180) days to vacate the premises.
4. If the facility is to be sold, an appraisal will be performed and the value of the
portion of the facility occupied by The Augusta Department of Information
Technology and equipment left, if any, will be reimbursed to The Augusta
Department of Information Technology. Regardless, Information Technology will
be reimbursed adequately, based on initial percentages.
SECTION IV
TERM AND RENEWAL
This agreement shall begin upon the date of execution and continue in force
until such time that either party or their governing body shall deem it necessary
to terminate or modify the terms and conditions set forth within this agreement.
Attachment number 1
Page 3 of 5
Item # 1
The Augusta Utilities Department (AUD)
_____________________________________ _________________________
(Tom Wiedemier, Director) (Date)
The Augusta Department of Information Technology (IT)
_____________________________________ _________________________
(Tameka Allen, Director) (Date)
Attachment number 1
Page 4 of 5
Item # 1
24x7 access to facility
24x7 access to parking
Fire Suppression segmentation
Storage considerations?
Attachment number 1
Page 5 of 5
Item # 1
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES
1
2. AMENDMENT/MODIFICATION NO.
MODIFICATION
3. EFFECTIVE DATE
SEE BLOCK 16C.
4. REQUISITION/PURCHASE REQ. NO.
5. PROJECT NO. (IF APPLICABLE)
6. Issued By Code 7. ADMINISTERED BY (If other than Item 6) Code
8. Name and Address of Contractor (No., street, county, State and ZIP Code (x) 9A. AMENDMENT OF SOLICITATION NO.
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.
10B. DATED (SEE ITEM 13)
CODE FACILITY CODE
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of
Offers is extended X is not extended.
Offer's must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a) By completing Items 8 and 15, and returning ________copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By
separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE
DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you
desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and
is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO : (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.
IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation
date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
X C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF : FAR 52.212-4(c)
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, X is required to sign this document and return _0 _ copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
See Attached
Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED
SSiiggnneedd EElleeccttrroonniiccaallllyy
SSiiggnneedd EElleeccttrroonniiccaallllyy
________________________________________ BY ______________________________________________
(Signature of person authorized to sign) (Signature of Contracting Officer)
NSN 7540-01-152-8070 30-105 STANDARD FORM 30 (REV. 10-83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA,
(Note: This is an FSS reproduction using word processing software FAR (48 CFR) 53.243
1
A095
B21
GSA/FSS/2FXC-1
Contract Management Division
10 Causeway Street, Room 347
Boston, MA 02222
WINDSTREAM NUVOX, INC.
2 NORTH MAIN ST
GREENVILLE, SC 296012719 GS-35F-0016TX
Oct 05, 2006
Schedule 70 Refresh 26
William Manooch Rita M. McCue
Government Services Manager Supervisory Contract Administrator
Windstream Nuvox
Aug 10, 2010 Aug 10, 2010
Attachment number 2
Page 1 of 130
Item # 1
This Contract Modification contains all the clauses of the solicitation that apply to
this contract.
By accepting this modification, Contractor agrees that the clauses of the Schedule
contract is hereby updated to the version of the clauses listed below. Because this
is a base line of all GSA contracts, there is no need to respond to any previous
Solicitation refreshment and is bringing all contract(s) to the same refresh level.
You have accepted the bilateral modification that adds the E-Verify clause to your
FSS contract.
The eVerify Clause (52.222-54) was incorporated into the contract.
You have accepted to participate in the Recovery Act.
Choosing to participate in the Recovery Act permits you to accept orders funded in whole or in
part with Recovery Act funds from any level of government, including state or local entities
Attachment number 2
Page 2 of 130
Item # 1
Contract Clause Document
for
Solicitation Number :FCIS-JB-980001-B
Refresh Number :26
Contract Number :GS-35F-0016T
Created on August 10, 2010
Attachment number 2
Page 3 of 130
Item # 1
TABLE OF CONTENTS
Contract Clauses
52.202-1 - DEFINITIONS (JUL 2004)........................................................................................................1
52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (DEC 2008)...................1
52.203-15 - WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (MAR 2009)............................................................................................4
52.203-3 - GRATUITIES (APR 1984).........................................................................................................4
52.203-6 - RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(ALTERNATE I -- OCT 1995).....................................................................................................................5
52.204-11 - AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS
(MAR 2009).................................................................................................................................................5
52.204-4 - PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)..................8
52.204-9 - PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (SEP 2007)......9
52.207-5 - OPTION TO PURCHASE EQUIPMENT (FEB 1995)..............................................................9
52.212-4 - CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAR 2009)
(DEVIATION I - FEB 2007)......................................................................................................................10
52.212-4 - CONTRACT TERMS AND CONDITION--COMMERCIAL ITEMS (MAR 2009) (ALTERNATE
I - OCT 2008) (DEVIATION I - FEB 2007)..............................................................................................13
52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL ITEMS (FEB 2010) (ALTERNATE II -DEC 2009)...............23
52.215-21 - REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN
COST OR PRICING DATA--MODIFICATIONS (OCT 1997) (ALTERNATE IV - OCT 1997)............... 26
52.216-18 - ORDERING (OCT 1995) (DEVIATION II - FEB 2007).......................................................26
52.216-19 - ORDER LIMITATIONS (OCT 1995) (DEVIATION II - FEB 2007).....................................26
52.216-22 - INDEFINITE QUANTITY (OCT 1995) (DEVIATION I - JAN 1994)................................... 28
52.219-14 - LIMITATIONS ON SUBCONTRACTING (DEC 1996).........................................................28
52.219-16 - LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999).................................28
52.219-28 - POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)........29
52.219-8 - UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004).........................................30
52.219-9 - SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) (ALTERNATE II -- OCT 2001)
(Deviation for MAS Solicitations and Contracts (Dec 2009)....................................................................32
52.222-1 - NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)..............................39
52.222-21 - PROHIBITION OF SEGREGATED FACILITIES (FEB 1999).............................................39
52.222-26 - EQUAL OPPORTUNITY (MAR 2007)..................................................................................39
52.222-3 - CONVICT LABOR (JUN 2003)...............................................................................................41
52.222-35 - EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE
VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)........................................................42
52.222-36 - AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)...................45
52.222-37 - EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE
VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006)........................................................46
52.222-41 - SERVICE CONTRACT ACT OF 1965 (NOV 2007)..............................................................47
52.222-42 - STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)..................52
52.222-43 - FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PRICE
ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009)......................................53
52.222-50 - COMBATING TRAFFICKING IN PERSONS (AUG 2007) (ALTERNATE I - AUG 2007)..54
52.222-50 - COMBATING TRAFFICKING IN PERSONS (FEB 2009)...................................................56
52.222-51 - EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO
CONTRACTS FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN
EQUIPMENT--REQUIREMENTS (NOV 2007)....................................................................................... 58
52.222-53 - EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO
CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS (FEB 2009)............................................58
52.222-54 - EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)...............................................59
52.223-15 - ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007).................62
Attachment number 2
Page 4 of 130
Item # 1
52.223-16 - IEEE 1680 STANDARD FOR THE ENVIRONMENTAL ASSESSMENT OF PERSONAL
COMPUTER PRODUCTS (DEC 2007)....................................................................................................62
52.224-1 - PRIVACY ACT NOTIFICATION (APR 1984).........................................................................63
52.224-2 - PRIVACY ACT (APR 1984).....................................................................................................63
52.225-13 - RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)................................64
52.227-14 - RIGHTS IN DATA--GENERAL (DEC 2007).........................................................................64
52.228-5 - INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997).........................69
52.229-1 - STATE AND LOCAL TAXES (APR 1984) (DEVIATION I - MAY 2003)................................69
52.229-3 - FEDERAL, STATE, AND LOCAL TAXES (APR 2003) (DEVIATION I - FEB 2007)............ 69
52.232-17 - INTEREST (JUN 1996) (DEVIATION I - MAY 2003)...........................................................70
52.232-33 - PAYMENT BY ELECTRONIC FUNDS TRANSFER -- CENTRAL CONTRACTOR
REGISTRATION (OCT 2003)...................................................................................................................71
52.232-34 - PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN CENTRAL
CONTRACTOR REGISTRATION (MAY 1999) (DEVIATION I - FEB 2007)..........................................72
52.232-37 - MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999)..................................................... 74
52.233-1 - DISPUTES (JUL 2002)............................................................................................................74
52.233-3 - PROTEST AFTER AWARD (AUG 1996)................................................................................76
52.233-4 - APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)...........................76
52.237-2 - PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR
1984)..........................................................................................................................................................76
52.237-3 - CONTINUITY OF SERVICES (JAN 1991) (DEVIATION I - MAY 2003)...............................77
52.239-1 - PRIVACY OR SECURITY SAFEGUARDS (AUG 1996).........................................................77
52.242-13 - BANKRUPTCY (JUL 1995)...................................................................................................77
52.242-15 - STOP-WORK ORDER (AUG 1989)......................................................................................78
52.247-34 - F.O.B. DESTINATION (NOV 1991) (DEVIATION I - MAY 2003).......................................78
52.247-38 - F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006) (DEVIATION I - FEB
2007)..........................................................................................................................................................79
52.247-39 - F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR 1984)...............................80
52.247-64 - PREFERENCE FOR PRIVATELY OWNED U.S.--FLAG COMMERCIAL VESSELS (FEB
2006) (ALTERNATE I -- APR 2003).........................................................................................................80
52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998).................................................81
552.203-71 - RESTRICTION ON ADVERTISING (SEP 1999)................................................................ 83
552.211-15 - DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM REQUIREMENTS (SEP 2004).83
552.211-75 - PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE I - MAY
2003)..........................................................................................................................................................84
552.211-77 - PACKING LIST (FEB 1996) (ALTERNATE I - MAY 2003)................................................84
552.211-78 - COMMERCIAL DELIVERY SCHEDULE (MULTIPLE AWARD SCHEDULE) (FEB
1996)..........................................................................................................................................................84
552.212-70 - PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE) (AUG 1997)............... 85
552.212-71 - CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF
COMMERCIAL ITEMS (JUL 2003)......................................................................................................... 86
552.212-72 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS (SEP
2003)..........................................................................................................................................................87
552.215-71 - EXAMINATION OF RECORDS BY GSA (MULTIPLE AWARD SCHEDULE) (JUL
2003)..........................................................................................................................................................87
552.215-72 - PRICE ADJUSTMENT--FAILURE TO PROVIDE ACCURATE INFORMATION (AUG
1997)..........................................................................................................................................................87
552.216-70 - ECONOMIC PRICE ADJUSTMENT -- FSS MULTIPLE AWARD SCHEDULE
CONTRACTS (SEP 1999) (ALTERNATE I - SEP 1999).......................................................................... 88
552.216-72 - PLACEMENT OF ORDERS (SEP 1999) (ALTERNATE IV -- FEB 2007)......................... 89
552.229-71 - FEDERAL EXCISE TAX--DC GOVERNMENT (SEP 1999).............................................. 90
552.232-23 - ASSIGNMENT OF CLAIMS (SEP 1999)............................................................................ 90
552.232-74 - INVOICE PAYMENTS (SEP 1999).....................................................................................90
552.232-79 - PAYMENT BY CREDIT CARD (MAY 2003).......................................................................92
552.232-8 - DISCOUNTS FOR PROMPT PAYMENT (APR 1989) (DEVIATION FAR 52.232-8)
(ALTERNATE I - MAY 2003)....................................................................................................................92
552.232-81 - PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (MAY 2003).........................93
552.232-83 - CONTRACTOR'S BILLING RESPONSIBILITIES (MAY 2003)..........................................93
552.238-70 - IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT PROVIDING
Attachment number 2
Page 5 of 130
Item # 1
ACCESSIBILITY FOR THE HANDICAPPED (SEP 1991)......................................................................93
552.238-71 - SUBMISSION AND DISTRIBUTION OF AUTHORIZED FSS SCHEDULE PRICELISTS
(SEP 1999) (DEVIATION I - DEC 2004)................................................................................................. 94
552.238-72 - IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES (SEP
2003)..........................................................................................................................................................94
552.238-73 - CANCELLATION (SEP 1999).............................................................................................96
552.238-74 - INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2003)............................ 96
552.238-75 - PRICE REDUCTIONS (MAY 2004) (ALTERNATE I - MAY 2003)....................................97
552.238-76 - DEFINITION (FEDERAL SUPPLY SCHEDULES) -- RECOVERY PURCHASING (FEB
2007)..........................................................................................................................................................98
552.238-77 - DEFINITION (FEDERAL SUPPLY SCHEDULES) (MAY 2003).......................................99
552.238-78 - SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (MAY 2004)
(ALTERNATE I -- FEB 2007)................................................................................................................... 99
552.238-79 - USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY CERTAIN
ENTITIES--COOPERATIVE PURCHASING (MAY 2004).....................................................................100
552.238-80 - USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY CERTAIN ENTITIES --
RECOVERY PURCHASING (FEB 2007)............................................................................................... 102
552.243-72 - MODIFICATIONS (MULTIPLE AWARD SCHEDULE) (JUL 2000) (ALTERNATE I - SEP
1999)........................................................................................................................................................103
C-FSS-370 - CONTRACTOR TASKS / SPECIAL REQUIREMENTS (NOV 2003)................................105
C-FSS-412 - CHARACTERISTICS OF ELECTRIC CURRENT (MAY 2000)........................................ 106
C-FSS-427 - ANSI STANDARDS (JUL 1991).........................................................................................106
CI-FSS-002 - SUBMISSION OF OFFERS -- ADDITIONAL INSTRUCTIONS (MAR 1996)................ 106
CI-FSS-052 - AUTHENTICATION OF PRODUCTS AND SERVICES (JAN 2010)..............................106
CI-FSS-055 - COMMERCIAL SATELLITE COMMUNICATION (COMSATCOM) SERVICES (JAN
2010)........................................................................................................................................................108
CI-FSS-056 - FEDERAL ACQUISITION REGULATION (FAR) PART 51 DEVIATION AUTHORITY
(FEDERAL SUPPLY SCHEDULES) (JAN 2010)...................................................................................111
D-FSS-471 - MARKING AND DOCUMENTATION REQUIREMENTS PER SHIPMENT (APR 1984)111
D-FSS-477 - TRANSSHIPMENTS (APR 1984).......................................................................................112
F-FSS-202-F - DELIVERY PRICES (APR 1984)....................................................................................112
F-FSS-202-G - DELIVERY PRICES (JAN 1994)....................................................................................113
F-FSS-230 - DELIVERIES TO THE U.S. POSTAL SERVICE (JAN 1994)............................................114
G-FSS-900-C - CONTACT FOR CONTRACT ADMINISTRATION (JUL 2003)...................................114
G-FSS-906 - VENDOR MANAGED INVENTORY (VMI) PROGRAM (MAS) (JAN 1999)....................115
G-FSS-907 - ORDER ACKNOWLEDGEMENT (APR 1984)................................................................. 115
G-FSS-910 - DELIVERIES BEYOND THE CONTRACTUAL PERIOD-PLACING OF ORDERS (OCT
1988)........................................................................................................................................................115
I-FSS-106 - GUARANTEED MINIMUM (JUL 2003).............................................................................115
I-FSS-108 - CLAUSES FOR OVERSEAS COVERAGE (MAY 2000)..................................................... 116
I-FSS-109 - ENGLISH LANGUAGE AND U.S. DOLLAR REQUIREMENTS (MAR 1998).................. 116
I-FSS-140-B - URGENT REQUIREMENTS (JAN 1994)........................................................................116
I-FSS-163 - OPTION TO EXTEND THE TERM OF THE CONTRACT (EVERGREEN) (APR 2000)..116
I-FSS-314 - FOREIGN TAXES AND DUTIES (DEC 1990)...................................................................117
I-FSS-40 - CONTRACTOR TEAM ARRANGEMENTS (JUL 2003).......................................................117
I-FSS-50 - PERFORMANCE REPORTING REQUIREMENTS (FEB 1995).........................................117
I-FSS-594 - PARTS AND SERVICE (OCT 1988)................................................................................... 117
I-FSS-597 - GSA ADVANTAGE! (SEP 2000).........................................................................................118
I-FSS-599 - ELECTRONIC COMMERCE--FACNET (SEP 2006).........................................................118
I-FSS-60 - PERFORMANCE INCENTIVES (APR 2000)....................................................................... 120
I-FSS-600 - CONTRACT PRICE LISTS (JUL 2004) (ALTERNATE I - DEC 2008).............................. 120
I-FSS-639 - CONTRACT SALES CRITERIA (MAR 2002)......................................................................121
I-FSS-644 - DEALERS AND SUPPLIERS (OCT 1988)..........................................................................121
I-FSS-646 - BLANKET PURCHASE AGREEMENTS (MAY 2000)........................................................122
I-FSS-680 - DISSEMINATION OF INFORMATION BY CONTRACTOR (APR 1984)......................... 122
I-FSS-918 - IMPREST FUNDS (PETTY CASH) (MAY 2000)................................................................122
I-FSS-969 - ECONOMIC PRICE ADJUSTMENT-FSS MULTIPLE AWARD SCHEDULE (JAN 2002)122
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52.202-1 DEFINITIONS (JUL 2004)
(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal
Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101
in effect at the time the solicitation was issued, unless—
(1) The solicitation, or amended solicitation, provides a different definition;
(2) The contracting parties agree to a different definition;
(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a
different meaning; or
(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.
(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is
located. The FAR Index is available via the Internet at http://www.acqnet.gov at the end of the FAR,
after the FAR Appendix.
52.203-13 Contractor Code of Business Ethics and Conduct (DEC 2008)
(a) Definitions. As used in this clause--
Agent means any individual, including a director, an officer, an employee, or an independent
Contractor, authorized to act on behalf of the organization.
Full cooperation--
(1) Means disclosure to the Government of the information sufficient for law enforcement to
identify the nature and extent of the offense and the individuals responsible for the conduct. It
includes providing timely and complete response to Government auditors' and investigators'
request for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract.
It does not require--
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the
attorney work product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole
proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from--
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential
or disclosed violation.
Principal means an officer, director, owner, partner, or a person 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).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for
performance of a prime contract or a subcontract.
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Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or
for a prime contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct.
(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time
period, the Contractor shall--
(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the
contract.
(2) The Contractor shall--
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a
commitment to compliance with the law.
(3) (i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector
General (OIG), with a copy to the Contracting Officer, whenever, in connection with the
award, performance, or closeout of this contract or any subcontract thereunder, the
Contractor has credible evidence that a principal, employee, agent, or subcontractor of the
Contractor has committed--
(A) A violation of Federal criminal law involving fraud, conflict of interest,
bribery, or gratuity violations found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and
treat information obtained pursuant to the Contractor's disclosure as confidential where
the information has been marked “confidential“ or “proprietary” by the company. To the
extent permitted by law and regulation, such information will not be released by the
Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C.
Section 552, without prior notification to the Contractor. The Government may transfer
documents provided by the Contractor to any department or agency within the Executive
Branch if the information relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a
multi-agency contract, a multiple-award schedule contract such as the Federal Supply
Schedule, or any other procurement instrument intended for use by multiple agencies, the
Contractor shall notify the OIG of the ordering agency and the IG of the agency
responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c)
does not apply if the Contractor has represented itself as a small business concern pursuant to the award
of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101.
The Contractor shall establish the following within 90 days after contract award, unless the Contracting
Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a
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practical manner the Contractor's standards and procedures and other aspects of the
Contractor's business ethics awareness and compliance program and internal control
system, by conducting effective training programs and otherwise disseminating
information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's
principals and employees, and as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall--
(A) Establish standards and procedures to facilitate timely discovery of improper
conduct in connection with Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the
following:
(A) Assignment of responsibility at a sufficiently high level and adequate
resources to ensure effectiveness of the business ethics awareness and compliance
program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due
diligence would have exposed as having engaged in conduct that is in conflict
with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and
internal controls for compliance with the Contractor's code of business ethics and
conduct and the special requirements of Government contracting, including--
(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics
awareness and compliance program and internal control system,
especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate
steps to design, implement, or modify the business ethics awareness and
compliance program and the internal control system as necessary to
reduce the risk of criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for
anonymity or confidentiality, by which employees may report suspected instances
of improper conduct, and instructions that encourage employees to make such
reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable
steps to prevent or detect improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the
Contracting Officer, whenever, in connection with the award, performance, or
closeout of any Government contract performed by the Contractor or a
subcontractor thereunder, the Contractor has credible evidence that a principal,
employee, agent, or subcontractor of the Contractor has committed a violation of
Federal criminal law involving fraud, conflict of interest, bribery, or gratuity
violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31
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U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the
Contractor may make the disclosure to the agency OIG and Contracting
Officer responsible for the largest dollar value contract impacted by the
violation.
(2) If the violation relates to an order against a Governmentwide
acquisition contract, a multi-agency contract, a multiple-award schedule
contract such as the Federal Supply Schedule, or any other procurement
instrument intended for use by multiple agencies, the contractor shall
notify the OIG of the ordering agency and the IG of the agency
responsible for the basic contract, and the respective agencies' contracting
officers.
(3) The disclosure requirement for an individual contract continues until
at least 3 years after final payment on the contract.
(4) The Government will safeguard such disclosures in accordance with
paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits,
investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in
subcontracts that have a value in excess of $5,000,000 and a performance period of more than
120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil
False Claims Act or of Federal criminal law shall be directed to the agency Office of the
Inspector General, with a copy to the Contracting Officer.
52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(MAR 2009)
(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections
provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).
(b) The Contractor shall include the substance of this clause including this paragraph (b) in all
subcontracts.
52.203-3 GRATUITIES (APR 1984)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and
hearing, the agency head or a designee determines that the Contractor, its agent, or another
representative—
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of
the Government; and
(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
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(c) If this contract is terminated under paragraph (a) above, the Government is entitled—
(1) To pursue the same remedies as in a breach of the contract; and
(2) In addition to any other damages provided by law, to exemplary damages of not less than 3
nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person
concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is
applicable only if this contract uses money appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT (SEP 2006) (ALTERNATE I—OCT 1995)
(a) Except as provided in (b) below, the Contractor shall not enter into any agreement with an actual or
prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of
restricting sales by such subcontractors directly to the Government of any item or process (including
computer software) made or furnished by the subcontractor under this contract or under any follow-on
production contract.
(b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights
that are otherwise authorized by law or regulation. For acquisitions of commercial items, the
prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by
subcontractors results in the Federal Government being treated differently from any other prospective
purchaser for the sale of the commercial item(s).
(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all
subcontracts under this contract which exceed the simplified acquisition threshold.
52.204-11 AMERICAN RECOVERY AND REINVESTMENT
ACT-REPORTING REQUIREMENTS (MAR 2009)
(a) Definitions. As used in this clause—
Contract, as defined in FAR 2.101, means a mutually binding legal relationship obligating the seller to
furnish the supplies or services (including construction) and the buyer to pay for them. It includes all
types of commitments that obligate the Government to an expenditure of appropriated funds and that,
except as otherwise authorized, are in writing. In addition to bilateral instruments, contracts include (but
are not limited to) awards and notices of awards; job orders or task letters issued under basic ordering
agreements; letter contracts; orders, such as purchase orders, under which the contract becomes
effective by written acceptance or performance; and bilateral contract modifications. Contracts do not
include grants and cooperative agreements covered by 31 U.S.C. 6301, et seq. For discussion of various
types of contracts, see FAR Part 16.
First-tier subcontract means a subcontract awarded directly by a Federal Government prime contractor
whose contract is funded by the Recovery Act.
Jobs created means an estimate of those new positions created and filled, or previously existing unfilled
positions that are filled, as a result of funding by the American Recovery and Reinvestment Act of 2009
(Recovery Act). This definition covers only prime contractor positions established in the United States
and outlying areas (see definition in FAR 2.101). The number shall be expressed as “full-time
equivalent” (FTE), calculated cumulatively as all hours worked divided by the total number of hours in
a full-time schedule, as defined by the contractor. For instance, two full-time employees and one
part-time employee working half days would be reported as 2.5 FTE in each calendar quarter.
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Jobs retained means an estimate of those previously existing filled positions that are retained as a result
of funding by the American Recovery and Reinvestment Act of 2009 (Recovery Act). This definition
covers only prime contractor positions established in the United States and outlying areas (see
definition in FAR 2.101). The number shall be expressed as “full-time equivalent” (FTE), calculated
cumulatively as all hours worked divided by the total number of hours in a full-time schedule, as
defined by the contractor. For instance, two full-time employees and one part-time employee working
half days would be reported as 2.5 FTE in each calendar quarter.
Total compensation means the cash and noncash dollar value earned by the executive during the
contractor’s past fiscal year of the following (for more information see 17 CFR 229.402(c)(2)):
(1)Salary and bonus.
(2)Awards of stock, stock options, and stock appreciation rights.Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in accordance
with the Statement of Financial Accounting Standards No. 123 (Revised 2004) ( FAS 123R),
Shared Based Payments.
(3)Earnings for services under non-equity incentive plans.Does not include group life, health,
hospitalization or medical reimbursement plans that do not discriminate in favor of executives,
and are available generally to all salaried employees.
(4)Change in pension value.This is the change in present value of defined benefit and actuarial
pension plans.
(5)Above-market earnings on deferred compensation which is not tax-qualified.
(6)Other compensation.For example, severance, termination payments, value of life insurance
paid on behalf of the employee, perquisites or property if the value for the executive exceeds
$10,000
(b) This contract requires the contractor to provide products and/or services that are funded under the
American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery
Act requires each contractor to report on its use of Recovery Act funds under this contract. These
reports will be made available to the public.
(c) Reports from contractors for all work funded, in whole or in part, by the Recovery Act, and for
which an invoice is submitted prior to June 30, 2009, are due no later than July 10, 2009. Thereafter,
reports shall be submitted no later than the 10th day after the end of each calendar quarter.
(d) The Contractor shall report the following information, using the online reporting tool available at
www.FederalReporting.gov.
(1) The Government contract and order number, as applicable.
(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A
cumulative amount from all the reports submitted for this action will be maintained by the
government's on-line reporting tool.
(3) A list of all significant services performed or supplies delivered, including construction, for
which the contractor invoiced in this calendar quarter.
(4) Program or project title, if any.
(5) A description of the overall purpose and expected outcomes or results of the contract,
including significant deliverables and, if appropriate, associated units of measure.
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(6) An assessment of the contractor’s progress towards the completion of the overall purpose and
expected outcomes or results of the contract (i.e., not started, less than 50 percent completed,
completed 50 percent or more, or fully completed). This covers the contract (or portion thereof)
funded by the Recovery Act.
(7) A narrative description of the employment impact of work funded by the Recovery Act. This
narrative should be cumulative for each calendar quarter and only address the impact on the
contractor’s workforce. At a minimum, the contractor shall provide—
(i) A brief description of the types of jobs created and jobs retained in the United States
and outlying areas (see definition in FAR 2.101). This description may rely on job titles,
broader labor categories, or the contractor’s existing practice for describing jobs as long
as the terms used are widely understood and describe the general nature of the work; and
(ii) An estimate of the number of jobs created and jobs retained by the prime contractor,
in the United States and outlying areas. A job cannot be reported as both created and
retained.
(8) Names and total compensation of each of the five most highly compensated officers of the
Contractor for the calendar year in which the contract is awarded if—
(i) In the Contractor’s preceding fiscal year, the Contractor received—
(A) 80 percent or more of its annual gross revenues from Federal contracts (and
subcontracts), loans, grants (and subgrants) and cooperative agreements; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and
subcontracts), loans, grants (and subgrants) and cooperative agreements; and
(ii) The public does not have access to information about the compensation of the senior
executives through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986.
(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or
subcontracts awarded to a subcontractor that in the previous tax year had gross income under
$300,000, the Contractor shall only report the aggregate number of such first tier subcontracts
awarded in the quarter and their aggregate total dollar amount.
(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is over
$25,000 and not subject to reporting under paragraph 9, the contractor shall require the
subcontractor to provide the information described in (i), (ix), (x), and (xi) below to the contractor
for the purposes of the quarterly report. The contractor shall advise the subcontractor that the
information will be made available to the public as required by section 1512 of the Recovery Act.
The contractor shall provide detailed information on these first-tier subcontracts as follows:
(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for
the subcontractor’s parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) The applicable North American Industry Classification System (NAICS) code.
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(vi) Funding agency.
(vii) A description of the products or services (including construction) being provided
under the subcontract, including the overall purpose and expected outcomes or results of
the subcontract.
(viii) Subcontract number (the contract number assigned by the prime contractor).
(ix) Subcontractor’s physical address including street address, city, state, and country.
Also include the nine-digit zip code and congressional district if applicable.
(x) Subcontract primary performance location including street address, city, state, and
country. Also include the nine-digit zip code and congressional district if applicable.
(xi) Names and total compensation of each of the subcontractor’s five most highly
compensated officers, for the calendar year in which the subcontract is awarded if—
(A) In the subcontractor’s preceding fiscal year, the subcontractor received—
(l) 80 percent or more of its annual gross revenues in Federal contracts
(and subcontracts), loans, grants (and subgrants), and cooperative
agreements; and
(2) $25,000,000 or more in annual gross revenues from Federal contracts
(and subcontracts), loans, grants (and subgrants), and cooperative
agreements; and
(B) The public does not have access to information about the compensation of the
senior executives through periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104
of the Internal Revenue Code of 1986.
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED
PAPER (AUG 2000)
(a) Definitions. As used in this clause—
Postconsumer material means a material or finished product that has served its intended use and has
been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer
material is a part of the broader category of “recovered material.” For paper and paper products,
postconsumer material means “postconsumer fiber” defined by the U.S. Environmental Protection
Agency (EPA) as—
(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so
forth, after they have passed through their end-usage as a consumer item, including: used
corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used
cordage; or
(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid
waste; but not
(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.
Printed or copied double-sided means printing or reproducing a document so that information is on
both sides of a sheet of paper.
Recovered material, for paper and paper products, is defined by EPA in its Comprehensive
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Procurement Guideline as “recovered fiber” and means the following materials:
(1) Postconsumer fiber; and
(2) Manufacturing wastes such as—
(i) Dry paper and paperboard waste generated after completion of the papermaking
process (that is, those manufacturing operations up to and including the cutting and
trimming of the paper machine reel into smaller rolls or rough sheets) including: envelope
cuttings, bindery trimmings, and other paper and paperboard waste resulting from
printing, cutting, forming, and other converting operations; bag, box, and carton
manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock; and
(ii) Repulped finished paper and paperboard from obsolete inventories of paper and
paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or
others.
(b) In accordance with Section 101 of Executive Order 13101 of September 14, 1998, Greening the
Government through Waste Prevention, Recycling, and Federal Acquisition, the Contractor is
encouraged to submit paper documents, such as offers, letters, or reports, that are printed or copied
double-sided on recycled paper that meet minimum content standards specified in Section 505 of
Executive Order 13101, when not using electronic commerce methods to submit information or data to
the Government.
(c) If the Contractor cannot purchase high-speed copier paper, offset paper, forms bond, computer
printout paper, carbonless paper, file folders, white wove envelopes, writing and office paper, book
paper, cotton fiber paper, and cover stock meeting the 30 percent postconsumer material standard for
use in submitting paper documents to the Government, it should use paper containing no less than
20 percent postconsumer material. This lesser standard should be used only when paper meeting the
30 percent postconsumer material standard is not obtainable at a reasonable price or does not meet
reasonable performance standards.
52.204-9 PERSONAL IDENTITY VERIFICATION OF
CONTRACTOR PERSONNEL (SEP 2007)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the
contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of
Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards
Publication (FIPS PUB) Number 201.
(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have
routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled
information system.
52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)
(a) The Government may purchase the equipment provided on a lease or rental basis under this contract.
The Contracting Officer may exercise this option only by providing a unilateral modification to the
Contractor. The effective date of the purchase will be specified in the unilateral modification and may
be any time during the period of the contract, including any extensions thereto.
(b) Except for final payment and transfer of title to the Government, the lease or rental portion of the
contract becomes complete and lease or rental charges shall be discontinued on the day immediately
preceding the effective date of purchase specified in the unilateral modification required in paragraph
(a) of this clause.
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(c) The purchase conversion cost of the equipment shall be computed as of the effective date specified
in the unilateral modification required in paragraph (a) of this clause, on the basis of the purchase price
set forth in the contract, minus the total purchase option credits accumulated during the period of lease
or rental, calculated by the formula contained elsewhere in this contract.
(d) The accumulated purchase option credits available to determine the purchase conversion cost will
also include any credits accrued during a period of lease or rental of the equipment under any previous
Government contract if the equipment has been on continuous lease or rental. The movement of
equipment from one site to another site shall be “continuous rental.”
52.212-4 CONTRACT TERMS AND
CONDITIONS—COMMERCIAL ITEMS (MAR 2009) (DEVIATION
FEB 2007)
(a)Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to
the requirements of this contract. The ordering activity reserves the right to inspect or test any supplies
or services that have been tendered for acceptance. The ordering activity may require repair or
replacement of nonconforming supplies or reperformance of nonconforming services at no increase in
contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the
ordering activity may seek an equitable price reduction or adequate consideration for acceptance of
nonconforming supplies or services. The ordering activity must exercise its postacceptance rights
(1) within a reasonable time after the defect was discovered or should have been discovered; and
(2) before any substantial change occurs in the condition of the item, unless the change is due to the
defect in the item.
(b)Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result
of performance of this contract to a bank, trust company, or other financing institution, including any
Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However,
when a third party makes payment (e.g., use of the credit card), the Contractor may not assign its rights
to receive payment under this contract.
(c)Changes. Changes in the terms and conditions of this contract may be made only by written
agreement of the parties.
(d)Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.
601-613). Failure of the parties to this contract to reach agreement on any request for equitable
adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be
resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by
reference. The Contractor shall proceed diligently with performance of this contract, pending final
resolution of any dispute arising under the contract.
(e)Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f)Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an
occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as,
acts of God or the public enemy, acts of the ordering activity in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays
of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is
reasonably possible after the commencement of any excusable delay, setting forth the full particulars in
connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly
give written notice to the Contracting Officer of the cessation of such occurrence.
(g)Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if
authorized) to the address designated in the contract to receive invoices. An invoice must
include—
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(i) Nam e and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items
delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight
of shipment if shipped on an ordering activity bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the
invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if
required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for
the invoice to be a proper invoice, the Contractor shall have submitted correct
EFT banking information in accordance with the applicable solicitation provision,
contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—Central
Contractor Registration, or 52.232-34, Payment by Electronic Funds
Transfer—Other Than Central Contractor Registration), or applicable agency
procedures.
(C) EFT banking information is not required if the ordering activity waived the
requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and
Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h)Patent indemnity. The Contractor shall indemnify the ordering activity and its officers, employees
and agents against liability, including costs, for actual or alleged direct or contributory infringement of,
or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the
performance of this contract, provided the Contractor is reasonably notified of such claims and
proceedings.
(i)Payment.
(1) Items accepted. Payment shall be made for items accepted by the ordering activity that have
been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The ordering activity will make payment in accordance with the Prompt
Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the ordering activity makes payment by EFT, see
52.212-5(b) for the appropriate EFT clause.
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(4) Discount. In connection with any discount offered for early payment, time shall be computed
from the date of the invoice. For the purpose of computing the discount earned, payment shall be
considered to have been made on the date which appears on the payment check or the specified
payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice
payment or that the ordering activity has otherwise overpaid on a contract financing or invoice
payment, the Contractor shall immediately notify the Contracting Officer and request instructions
for disposition of the overpayment.
(j)Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the
supplies provided under this contract shall remain with the Contractor until, and shall pass to the
ordering activity upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the ordering activity at the destination specified in the contract, if
transportation is f.o.b. destination.
(k)Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l)Termination for the Ordering Activity’s convenience. The ordering activity reserves the right to
terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the
Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its
suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be
paid a percentage of the contract price reflecting the percentage of the work performed prior to the
notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the
ordering activity using its standard record keeping system, have resulted from the termination. The
Contractor shall not be required to comply with the cost accounting standards or contract cost principles
for this purpose. This paragraph does not give the ordering activity any right to audit the Contractor's
records. The Contractor shall not be paid for any work performed or costs incurred which reasonably
could have been avoided.
(m)Termination for cause. The ordering activity may terminate this contract, or any part hereof, for
cause in the event of any default by the Contractor, or if the Contractor fails to comply with any
contract terms and conditions, or fails to provide the ordering activity, upon request, with adequate
assurances of future performance. In the event of termination for cause, the ordering activity shall not
be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall
be liable to the ordering activity for any and all rights and remedies provided by law. If it is determined
that the ordering activity improperly terminated this contract for default, such termination shall be
deemed a termination for convenience.
(n)Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall
pass to the ordering activity upon acceptance, regardless of when or where the ordering activity takes
physical possession.
(o)Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable
and fit for use for the particular purpose described in this contract.
(p)Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not
be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in
accepted items.
(q)Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,
executive orders, rules and regulations applicable to its performance under this contract.
(r)Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31
U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal
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contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work
Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10
U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and
Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49
U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.
(s)Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving
precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes,
Payments, Invoice, Other Compliances, and Compliance with Laws Unique to ordering activity
Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or
contract, including any license agreements for computer software; (5) solicitation provisions if this is a
solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents,
exhibits, and attachments; and (9) the specification.
(t)Central Contractor Registration (CCR).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during
performance and through final payment of any contract for the accuracy and completeness of the
data within the CCR database, and for any liability resulting from the ordering activity’s reliance
on inaccurate or incomplete data. To remain registered in the CCR database after the initial
registration, the Contractor is required to review and update on an annual basis from the date of
initial registration or subsequent updates its information in the CCR database to ensure it is
current, accurate and complete. Updating information in the CCR does not alter the terms and
conditions of this contract and is not a substitute for a properly executed contractual document.
(2) (i) If a Contractor has legally changed its business name, “doing business as” name, or
division name (whichever is shown on the contract), or has transferred the assets used in
performing the contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall
provide the responsible Contracting Officer a minimum of one business day’s written
notification of its intention to (A) change the name in the CCR database; (B) comply with
the requirements of Subpart 42.12; and (C) agree in writing to the timeline and
procedures specified by the responsible Contracting Officer. The Contractor must provide
with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this
clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in
the absence of a properly executed novation or change-of-name agreement, the CCR
information that shows the Contractor to be other than the Contractor indicated in the
contract will be considered to be incorrect information within the meaning of the
“Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this
contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments,
as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims
(see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR
database. Information provided to the Contractor’s CCR record that indicates payments, including
those made by EFT, to an ultimate recipient other than that Contractor will be considered to be
incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT
clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation
requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or
269-961-5757.
52.212-4 CONTRACT TERMS AND CONDITIONS -
COMMERCIAL ITEMS (MAR 2009) (ALTERNATE I -OCT 2008)
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(DEVIATION I – FEB 2007)
(a)Inspection/Acceptance.
(1) The ordering activity has the right to inspect and test all materials furnished and services
performed under this contract, to the extent practicable at all places and times, including the
period of performance, and in any event before acceptance. The ordering activity may also
inspect the plant or plants of the Contractor or any subcontractor engaged in contract
performance. The ordering activity will perform inspections and tests in a manner that will not
unduly delay the work.
(2) If the ordering activity performs inspection or tests on the premises of the Contractor or a
subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all
reasonable facilities and assistance for the safe and convenient performance of these duties.
(3) Unless otherwise specified in the contract, the ordering activity will accept or reject services
and materials at the place of delivery as promptly as practicable after delivery, and they will be
presumed accepted 60 days after the date of delivery, unless accepted earlier.
(4) At any time during contract performance, but not later than 6 months (or such other time as
may be specified in the contract) after acceptance of the services or materials last delivered under
this contract, the ordering activity may require the Contractor to replace or correct services or
materials that at time of delivery failed to meet contract requirements. Except as otherwise
specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be
determined under paragraph (i) of this clause, but the ``hourly rate'' for labor hours incurred in the
replacement or correction shall be reduced to exclude that portion of the rate attributable to profit.
Unless otherwise specified below, the portion of the ``hourly rate'' attributable to profit shall be
10 percent. The Contractor shall not tender for acceptance materials and services required to be
replaced or corrected without disclosing the former requirement for replacement or correction,
and, when required, shall disclose the corrective action taken. ..
(5) (i) If the Contractor fails to proceed with reasonable promptness to perform required
replacement or correction, and if the replacement or correction can be performed within
the ceiling price (or the ceiling price as increased by the ordering activity), the ordering
activity may #
(A) By contract or otherwise, perform the replacement or correction, charge to the
Contractor any increased cost, or deduct such increased cost from any amounts
paid or due under this contract; or
(B) Terminate this contract for cause.
(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall
be a dispute under the Disputes clause of the contract.
(6) Notwithstanding paragraphs (a)(4) and (5) above, the ordering activity may at any time
require the Contractor to remedy by correction or replacement, without cost to the ordering
activity, any failure by the Contractor to comply with the requirements of this contract, if the
failure is due to--
(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's
managerial personnel; or
(ii) The conduct of one or more of the Contractor's employees selected or retained by the
Contractor after any of the Contractor's managerial personnel has reasonable grounds to
believe that the employee is habitually careless or unqualified.
(7) This clause applies in the same manner and to the same extent to corrected or replacement
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materials or services as to materials and services originally delivered under this contract.
(8) The Contractor has no obligation or liability under this contract to correct or replace materials
and services that at time of delivery do not meet contract requirements, except as provided in this
clause or as may be otherwise specified in the contract.
(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace
ordering activity-furnished property shall be governed by the clause pertaining to ordering
activity property.
(b)Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result
of performance of this contract to a bank, trust company, or other financing institution, including any
Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However,
when a third party makes payment (e.g., use of the credit card), the Contractor may not assign its rights
to receive payment under this contract.
(c)Changes. Changes in the terms and conditions of this contract may be made only by written
agreement of the parties.
(d)Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.
601-613). Failure of the parties to this contract to reach agreement on any request for equitable
adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be
resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by
reference. The Contractor shall proceed diligently with performance of this contract, pending final
resolution of any dispute arising under the contract.
(e) Definitions.#
(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this
clause--
(i)Direct materials means those materials that enter directly into the end product, or that
are used or consumed directly in connection with the furnishing of the end product or
service.
(ii)Hourly rate means the rate(s) prescribed in the contract for payment for labor that
meets the labor category qualifications of a labor category specified in the contract that
are--
(A) Performed by the contractor;
(B) Performed by the subcontractors; or
(C) Transferred between divisions, subsidiaries, or affiliates of the contractor
under a common control.
(iii)Materials means--
(A) Direct materials, including supplies transferred between divisions,
subsidiaries, or affiliates of the contractor under a common control;
(B) Subcontracts for supplies and incidental services for which there is not a labor
category specified in the contract;
(C) Other direct costs (e.g., incidental services for which there is not a labor
category specified in the contract, travel, computer usage charges, etc.);
(D) The following subcontracts for services which are specifically excluded from
the hourly rate: Not Applicable; and
(E) Indirect costs specifically provided for in this clause.
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(iv)Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a
subcontractor to furnish supplies or services for performance of the prime contract or a
subcontract including transfers between divisions, subsidiaries, or affiliates of a
contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes
and modifications to purchase orders.
(f)Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an
occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as,
acts of God or the public enemy, acts of the ordering activity in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays
of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is
reasonably possible after the commencement of any excusable delay, setting forth the full particulars in
connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly
give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.#
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if
authorized) to the address designated in the contract to receive invoices. An invoice must
include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items
delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight
of shipment if shipped on ordering activity bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the
invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if
required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for
the invoice to be a proper invoice, the Contractor shall have submitted correct
EFT banking information in accordance with the applicable solicitation provision,
contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer--Central
Contractor Registration, or 52.232-34, Payment by Electronic Funds
Transfer--Other Than Central Contractor Registration), or applicable agency
procedures.
(C) EFT banking information is not required if the ordering activity waived the
requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and
Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h)Patent indemnity. The Contractor shall indemnify the ordering activity and its officers, employees
and agents against liability, including costs, for actual or alleged direct or contributory infringement of,
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or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the
performance of this contract, provided the Contractor is reasonably notified of such claims and
proceedings.
(i) Payments.#
(1) Services accepted. Payment shall be made for services accepted by the ordering activity that
have been delivered to the delivery destination(s) set forth in this contract. The ordering activity
will pay the Contractor as follows upon the submission of commercial invoices approved by the
Contracting Officer:
(i) Hourly rate.
(A) The amounts shall be computed by multiplying the appropriate hourly rates
prescribed in the contract by the number of direct labor hours performed.
Fractional parts of an hour shall be payable on a prorated basis.
(B) The rates shall be paid for all labor performed on the contract that meets the
labor qualifications specified in the contract. Labor hours incurred to perform
tasks for which labor qualifications were specified in the contract will not be paid
to the extent the work is performed by individuals that do not meet the
qualifications specified in the contract, unless specifically authorized by the
Contracting Officer.
(C) Invoices may be submitted once each month (or at more frequent intervals, if
approved by the Contracting Officer) to the Contracting Officer or the authorized
representative.
(D) When requested by the Contracting Officer or the authorized representative,
the Contractor shall substantiate invoices (including any subcontractor hours
reimbursed at the hourly rate in the schedule) by evidence of actual payment,
individual daily job timecards, records that verify the employees meet the
qualifications for the labor categories specified in the contract, or other
substantiation specified in the contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule
shall not be varied by virtue of the Contractor having performed work on an
overtime basis.
(1) If no overtime rates are provided in the Schedule and the Contracting
Officer approves overtime work in advance, overtime rates shall be
negotiated.
(2) Failure to agree upon these overtime rates shall be treated as a dispute
under the Disputes clause of this contract.
(3) If the Schedule provides rates for overtime, the premium portion of
those rates will be reimbursable only to the extent the overtime is
approved by the Contracting Officer.
(ii) Materials.
(A) If the Contractor furnishes materials that meet the definition of a commercial
item at FAR 2.101, the price to be paid for such materials shall be the contractor's
established catalog or market price, adjusted to reflect the--
(1) Quantities being acquired; and
(2) Any modifications necessary because of contract requirements.
(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the
ordering activity will reimburse the Contractor the actual cost of materials (less
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any rebates, refunds, or discounts received by the contractor that are identifiable
to the contract) provided the Contractor--
(1) Has made payments for materials in accordance with the terms and
conditions of the agreement or invoice; or
(2) Makes these payments within 30 days of the submission of the
Contractor's payment request to the ordering activity and such payment is
in accordance with the terms and conditions of the agreement or invoice.
(C) To the extent able, the Contractor shall--
(1) Obtain materials at the most advantageous prices available with due
regard to securing prompt delivery of satisfactory materials; and
(2) Give credit to the ordering activity for cash and trade discounts,
rebates, scrap, commissions, and other amounts that are identifiable to the
contract.
(D) Other Costs. Unless listed below, other direct and indirect costs will not be
reimbursed.
(1) Other Direct Costs. The ordering activity will reimburse the
Contractor on the basis of actual cost for the following, provided such
costs comply with the requirements in paragraph (i)(1)(ii)(B) of this
clause: None. Other Direct Costs shall be determined at the Task Order
Level..
(2) Indirect Costs (Material Handling, Subcontract Administration, etc.).
The ordering activity will reimburse the Contractor for indirect costs on a
pro-rata basis over the period of contract performance at the following
fixed price: None. Indirect Costs shall be determined at the Task Order
Level..
(2)Total cost.It is estimated that the total cost to the ordering activity for the performance of this
contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to
use its best efforts to perform the work specified in the Schedule and all obligations under this
contract within such ceiling price. If at any time the Contractor has reason to believe that the
hourly rate payments and material costs that will accrue in performing this contract in the next
succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85
percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer
giving a revised estimate of the total price to the ordering activity for performing this contract
with supporting reasons and documentation. If at any time during the performance of this
contract, the Contractor has reason to believe that the total price to the ordering activity for
performing this contract will be substantially greater or less than the then stated ceiling price, the
Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for
performing this contract, with supporting reasons and documentation. If at any time during
performance of this contract, the ordering activity has reason to believe that the work to be
required in performing this contract will be substantially greater or less than the stated ceiling
price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of
the total amount of effort to be required under the contract.
(3)Ceiling price. The ordering activity will not be obligated to pay the Contractor any amount in
excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue
performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until
the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased
and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance
under this contract. When and to the extent that the ceiling price set forth in the Schedule has
been increased, any hours expended and material costs incurred by the Contractor in excess of the
ceiling price before the increase shall be allowable to the same extent as if the hours expended
and material costs had been incurred after the increase in the ceiling price.
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Item # 1
(4)Access to records.At any time before final payment under this contract, the Contracting
Officer (or authorized representative) will have access to the following (access shall be limited to
the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):
(i) Records that verify that the employees whose time has been included in any invoice
meet the qualifications for the labor categories specified in the contract;
(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in
the schedule), when timecards are required as substantiation for payment--
(A) The original timecards (paper-based or electronic);
(B) The Contractor's timekeeping procedures;
(C) Contractor records that show the distribution of labor between jobs or
contracts; and
(D) Employees whose time has been included in any invoice for the purpose of
verifying that these employees have worked the hours shown on the invoices.
(iii) For material and subcontract costs that are reimbursed on the basis of actual cost--
(A) Any invoices or subcontract agreements substantiating material costs; and
(B) Any documents supporting payment of those invoices.
(5)Overpayments/Underpayments. Each payment previously made shall be subject to reduction
to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to
have been properly payable and shall also be subject to reduction for overpayments or to increase
for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless
the parties agree otherwise. The ordering activity within 30 days will pay any such increases,
unless the parties agree otherwise. The Contractor's payment will be made by check. If the
Contractor becomes aware of a duplicate invoice payment or that the ordering activity has
otherwise overpaid on an invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a
description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous
payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
Officer.
(6) (i) All amounts that become payable by the Contractor to the ordering activity under this
contract 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 611 of the Contract Disputes Act of 1978 (Public
Law 95-563), which is applicable to the period in which the amount becomes due, and
then at the rate applicable for each six month period as established by the Secretary until
the amount is paid.
(ii) The ordering activity may issue a demand for payment to the Contractor upon finding
a debt is due under the contract.
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(iii)Final Decisions. The Contracting Officer will issue a final decision as required by
33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on
the existence or amount of a debt in a timely manner;
(B) The Contractor fails to liquidate a debt previously demanded by the
Contracting Officer within the timeline specified in the demand for payment
unless the amounts were not repaid because the Contractor has requested an
installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously
demanded by the Contracting Officer (see FAR 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment
included in the final decision shall identify the same due date as the original demand for
payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for
payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days
involved beginning on the due date and ending on--
(A) The date on which the designated office receives payment from the
Contractor;
(B) The date of issuance of a ordering activity check to the Contractor from
which an amount otherwise payable has been withheld as a credit against the
contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would
otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures
prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this
contract.
(viii) Upon receipt and approval of the invoice designated by the Contractor as the
“completion invoice” and supporting documentation, and upon compliance by the
Contractor with all terms of this contract, any outstanding balances will be paid within 30
days unless the parties agree otherwise. The completion invoice, and supporting
documentation, shall be submitted by the Contractor as promptly as practicable following
completion of the work under this contract, but in no event later than 1 year (or such
longer period as the Contracting Officer may approve in writing) from the date of
completion.
(7)Release of claims. The Contractor, and each assignee under an assignment entered into under
this contract and in effect at the time of final payment under this contract, shall execute and
deliver, at the time of and as a condition precedent to final payment under this contract, a release
discharging the ordering activity, its officers, agents, and employees of and from all liabilities,
obligations, and claims arising out of or under this contract, subject only to the following
exceptions.
(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not
susceptible to exact statement by the Contractor.
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(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the
Contractor to third parties arising out of performing this contract, that are not known to
the Contractor on the date of the execution of the release, and of which the Contractor
gives notice in writing to the Contracting Officer not more than 6 years after the date of
the release or the date of any notice to the Contractor that the ordering activity is prepared
to make final payment, whichever is earlier.
(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason
of its indemnification of the ordering activity against patent liability), including
reasonable incidental expenses, incurred by the Contractor under the terms of this
contract relating to patents.
(8)Prompt payment. The ordering activity will make payment in accordance with the Prompt
Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(9)Electronic Funds Transfer (EFT). If the ordering activity makes payment by EFT, see
52.212-5(b) for the appropriate EFT clause.
(10)Discount. In connection with any discount offered for early payment, time shall be computed
from the date of the invoice. For the purpose of computing the discount earned, payment shall be
considered to have been made on the date that appears on the payment check or the specified
payment date if an electronic funds transfer payment is made.
(j)Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the
supplies provided under this contract shall remain with the Contractor until, and shall pass to the
ordering activity upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the ordering activity at the destination specified in the contract, if
transportation is f.o.b. destination.
(k)Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l)Termination for the ordering activity's convenience. The ordering activity reserves the right to
terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the
Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its
suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be
paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by
multiplying the number of direct labor hours expended before the effective date of termination by the
hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus
reasonable charges the Contractor can demonstrate to the satisfaction of the ordering activity using its
standard record keeping system that have resulted from the termination. The Contractor shall not be
required to comply with the cost accounting standards or contract cost principles for this purpose. This
paragraph does not give the ordering activity any right to audit the Contractor's records. The Contractor
shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(m)Termination for cause. The ordering activity may terminate this contract, or any part hereof, for
cause in the event of any default by the Contractor, or if the Contractor fails to comply with any
contract terms and conditions, or fails to provide the ordering activity, upon request, with adequate
assurances of future performance. In the event of termination for cause, the ordering activity shall not
be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall
be liable to the ordering activity for any and all rights and remedies provided by law. If it is determined
that the ordering activity improperly terminated this contract for default, such termination shall be
deemed a termination for convenience.
(n)Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall
pass to the ordering activity upon acceptance, regardless of when or where the ordering activity takes
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physical possession.
(o)Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable
and fit for use for the particular purpose described in this contract.
(p)Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not
be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in
accepted items.
(q)Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,
executive orders, rules and regulations applicable to its performance under this contract.
(r)Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31
U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal
contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work
Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10
U.S.C. 2409 relating to whistleblower protections; Section 1553 of the American Recovery and
Reinvestment Act of 2009 relating to whistleblower protections for contracts funded under that Act; 49
U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.
(s)Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving
precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes,
Payments, Invoice, Other Compliances, and Compliance with Laws Unique to ordering activity
Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or
contract, including any license agreements for computer software; (5) solicitation provisions if this is a
solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents,
exhibits, and attachments; and (9) the specification.
(t) Central Contractor Registration (CCR).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during
performance and through final payment of any contract for the accuracy and completeness of the
data within the CCR database, and for any liability resulting from the ordering activity’s reliance
on inaccurate or incomplete data. To remain registered in the CCR database after the initial
registration, the Contractor is required to review and update on an annual basis from the date of
initial registration or subsequent updates its information in the CCR database to ensure it is
current, accurate and complete. Updating information in the CCR does not alter the terms and
conditions of this contract and is not a substitute for a properly executed contractual document.
(2) (i) If a Contractor has legally changed its business name, “doing business as” name, or
division name (whichever is shown on the contract), or has transferred the assets used in
performing the contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall
provide the responsible Contracting Officer a minimum of one business day’s written
notification of its intention to (A) change the name in the CCR database; (B) comply with
the requirements of Subpart 42.12; and (C) agree in writing to the timeline and
procedures specified by the responsible Contracting Officer. The Contractor must provide
with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this
clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in
the absence of a properly executed novation or change-of-name agreement, the CCR
information that shows the Contractor to be other than the Contractor indicated in the
contract will be considered to be incorrect information within the meaning of the
“Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this
contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments,
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as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims
(see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR
database. Information provided to the Contractor’s CCR record that indicates payments, including
those made by EFT, to an ultimate recipient other than that Contractor will be considered to be
incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT
clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation
requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423 or
269-961-5757.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE
ORDERS—COMMERCIAL ITEMS (FEB 2010)(ALTERNATE II –
MAY 2009)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,
which are incorporated in this contract by reference, to implement provisions of law or Executive
orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
[ . ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer
has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
Number Title Clause/Provision
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT
(DEC 2008)
Clause
52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN
RECOVERY AND REINVESTMENT ACT OF 2009 (MAR 2009)
Clause
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT (SEP 2006) (ALTERNATE I -- OCT 1995)
Clause
52.204-11 AMERICAN RECOVERY AND REINVESTMENT
ACT-REPORTING REQUIREMENTS (MAR 2009)
Clause
52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996) Clause
52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999) Clause
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004) Clause
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) Clause
52.222-26 EQUAL OPPORTUNITY (MAR 2007) Clause
52.222-3 CONVICT LABOR (JUN 2003)Clause
52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE
VETERANS (SEP 2006)
Clause
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES
(JUN 1998)
Clause
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52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE
VETERANS (SEP 2006)
Clause
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009) Clause
52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS
(DEC 2007)
Clause
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN
2008)
Clause
52.225-5 TRADE AGREEMENTS (AUG 2009) Clause
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER -- CENTRAL
CONTRACTOR REGISTRATION (OCT 2003)
Clause
52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) Clause
52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.--FLAG
COMMERCIAL VESSELS (FEB 2006) (ALTERNATE I -- APR
2003)
Clause
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial
services, that the Contracting Officer has indicated as being incorporated in this contract by reference to
implement provisions of law or Executive orders applicable to acquisitions of commercial items:
Number Title Clause/Provision
52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) Clause
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
(MAY 1989)
Clause
52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT
-- PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION
CONTRACTS) (SEP 2009)
Clause
52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE
CONTRACT ACT TO CONTRACTS FOR MAINTENANCE,
CALIBRATION, OR REPAIR OF CERTAIN
EQUIPMENT--REQUIREMENTS (NOV 2007)
Clause
52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE
CONTRACT ACT TO CONTRACTS FOR CERTAIN
SERVICES--REQUIREMENTS (FEB 2009)
Clause
52.223-16 IEEE 1680 STANDARD FOR THE ENVIRONMENTAL
ASSESSMENT OF PERSONAL COMPUTER PRODUCTS (DEC
2007)
Clause
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, an appropriate Inspector General appointed
under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized
representative of either of the foregoing officials shall have access to and right to—
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and
involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(2) The Contractor shall make available at its offices at all reasonable times the records,
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materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or partially
terminated, the records relating to the work terminated shall be made available for 3 years after
any resulting final termination settelement. 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 finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary
course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this
clause, the Contractor is not required to flow down any FAR clause, other than those in
paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise
indicated below, the extent of the flow down shall be as required by the clause-
(i)Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except
the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the
extent of the flow down shall be as required by the clause—
(A) 52.203–13, Contractor Code of Business Ethics and Conduct (Dec 2008)
(Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(B) 52.203–15, Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111–5).
(C) 52.219–8, Utilization of Small Business Concerns (May 2004) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $550,000 ($1,000,000 for construction of any public facility), the
subcontractor must include 52.219–8 in lower tier subcontracts that offer
subcontracting opportunities.
(D) 52.222–26, Equal Opportunity (Mar 2007) (E.O. 11246).
(E) 52.222–35, Equal Opportunity for Special Disabled Veterans, Veterans of the
Vietnam Era, and Other Eligible Veterans (Sept 2006) (38 U.S.C. 4212).
(F) 52.222–36, Affirmative Action for Workers with Disabilities (June 1998) (29
U.S.C. 793).
(G) 52.222–41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et
seq.).
(H) 52.222–50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C.
7104(g)).
(I) 2.222–51, Exemption from Application of the Service Contract Act to
Contracts for Maintenance, Calibration, or Repair of Certain
Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(J) 52.222–53, Exemption from Application of the Service Contract Act to
Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
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(K) 52.222-54, Employment Eligibility Verification (Jan 2009).
(L) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar
2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of
FAR clause 52.226-6.
(M) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required
in accordance with paragraph (d) of FAR clause 52.247–64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR
INFORMATION OTHER THAN COST OR PRICING
DATA—MODIFICATIONS (OCT 1997)
(ALTERNATE IV—OCT 1997)
(a) Submission of cost or pricing data is not required.
(b) Provide information described below.
(1) Information required by the clause at 552.243-72, Modifications (Multiple Award Schedule)
(2) Any additional supporting information requested by the Contracting Officer. The Contracting
Officer may require additional supporting information, but only to the extent necessary to determine
whether the price(s) offered is fair and reasonable.
(3) By submitting a request for modification, the Contractor grants the Contracting Officer or an
authorized representative the right to examine, at any time before agreeing to a modification, books,
records, documents, papers, and other directly pertinent records to verify the pricing, sales and other
data related to the supplies or services proposed in order to determine the reasonableness of price(s).
Access does not extend to Contractor's cost or profit information or other data relevant solely to the
Contractor's determination of the prices to be offered in the catalog or marketplace.
52.216-18 ORDERING (OCT 1995) (DEVIATION II -- FEB 2007)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of
delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders
may be issued from Date of Award through Contract expiration date.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the
event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the ordering activity deposits
the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods
only if authorized in the Schedule.
52.216-19 ORDER LIMITATIONS (OCT 1995) (DEVIATION II —
FEB 2007)16.506(b)
(a) Minimum order. When the ordering activity requires supplies or services covered by this contract in
an amount of less than $100, the ordering activity is not obligated to purchase, nor is the Contractor
obligated to furnish, those supplies or services under the contract.
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(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of ITEM NUMBER/SIN MAXIMUM ORDER
132-3 $500,000 per order
132-4 $500,000 per order
132-8 $500,000 per order
132-9 $500,000 per order
132-12 $500,000 per order
132-32 $500,000 per order
132-33 $500,000 per order
132-34 $500,000 per order
132-50 $ 25,000 per order
132-51 $500,000 per order
132-52 $500,000 per order
132-53 $500,000 per order
132-60A $1,000,000 per order
132-60B $1,000,000 per order
132-60C $1,000,000 per order
132-60D $1,000,000 per order
132-60E $1,000,000 per order
132-60F $1,000,000 per order
132-61 $1,000,000 per order
132-62 $1,000,000 per order;
(2) Any order for a combination of items in excess of ITEM NUMBER/SIN MAXIMUM
ORDER
132-3 $500,000 per order
132-4 $500,000 per order
132-8 $500,000 per order
132-9 $500,000 per order
132-12 $500,000 per order
132-32 $500,000 per order
132-33 $500,000 per order
132-34 $500,000 per order
132-50 $ 25,000 per order
132-51 $500,000 per order
132-52 $500,000 per order
132-53 $500,000 per order
132-60A $1,000,000 per order
132-60B $1,000,000 per order
132-60C $1,000,000 per order
132-60D $1,000,000 per order
132-60E $1,000,000 per order
132-60F $1,000,000 per order
132-61 $1,000,000 per order
132-62 $1,000,000 per order; or
(3) A series of orders from the same ordering office within 5 days that together call for quantities
exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of
the Federal Acquisition Regulation (FAR)), the ordering activity is not required to order a part of any
one requirement from the Contractor if that requirement exceeds the maximum-order limitations in
paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order
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exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to
the ordering office within 24 hours days after issuance, with written notice stating the Contractor's
intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the ordering
activity may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY (DEVIATION I—JAN 1994)
16.506(e) FSS A/L FC-94-2
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the
period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are
estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the
Ordering clause. The contractor shall furnish to the Government, when and if ordered, the supplies or
services specified in the Schedule. The Government shall order at least the quantity of supplies or
services designated in the Schedule as the "minimum."
(c) Except for any limitations on quantities in the Guaranteed Minimum clause and the Delivery Order
Limitations clause, there is no limit on the number of orders that may be issued. The Government may
issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period
shall be completed by the Contractor within the time specified in the order. The contract shall govern
the Contractor's and Government's rights and obligations with respect to that order to the same extent as
if the order were completed during the contract's effective period.
52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in
performance of the contract in the case of a contract for—
(1)Services (except construction). At least 50 percent of the cost of contract performance
incurred for personnel shall be expended for employees of the concern.
(2)Supplies (other than procurement from a nonmanufacturer of such supplies). The concern
shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including
the cost of materials.
(3)General construction. The concern will, perform at least 15 percent of the cost of the contract,
not including the cost of materials, with its own employees.
(4)Construction by special trade contractors. The concern will perform at least 25 percent of the
cost of the contract, not including the cost of materials, with its own employees.
52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN
(JAN 1999)
(a) “Failure to make a good faith effort to comply with the subcontracting plan”, as used in this clause,
means a willful or intentional failure to perform in accordance with the requirements of the
subcontracting plan approved under the clause in this contract entitled “Small Business Subcontracting
Plan,” or willful or intentional action to frustrate the plan.
(b) Performance shall be measured by applying the percentage goals to the total actual subcontracting
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dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars
attributable to Government contracts covered by the commercial plan. If, at contract completion or, in
the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the
Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance
with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its
subcontracting plan, established in accordance with the clause in this contract entitled “Small Business
Subcontracting Plan,” the Contractor shall pay the Government liquidated damages in an amount stated.
The amount of probable damages attributable to the Contractor's failure to comply shall be an amount
equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal.
(c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such
good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure
and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the
matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists.
If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to
make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a
final decision to that effect and require that the Contractor pay the Government liquidated damages as
provided in paragraph (b) of this clause.
(d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the
functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered
by the commercial plan.
(e) The Contractor shall have the right of appeal, under the clause in this contract entitled Disputes,
from any final decision of the Contracting Officer.
(f) Liquidated damages shall be in addition to any other remedies that the Government may have.
52.219-28 POST–AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION (APR 2009)
(a) Definitions. As used in this clause–
Long-term contract means a contract of more than five years in duration, including options. However,
the term does not include contracts that exceed five years in duration because the period of performance
has been extended for a cumulative period not to exceed six months under the clause at 52.217-8,
Option to Extend Services, or other appropriate authority.
Small business concern 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 in 13 CFR part 121 and the size standard in paragraph (c)
of this clause. Such a concern is ‘‘not dominant in its field of operation’’ when it does not exercise a
controlling or major influence on a national basis in a kind of business activity in which a number of
business concerns are primarily engaged. In determining whether dominance exists, consideration shall
be given to all appropriate factors, including volume of business, number of employees, financial
resources, competitive status or position, ownership or control of materials, processes, patents, license
agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the
Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable,
paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification
of the contract to include this clause, if the novation agreement was executed prior to inclusion of
this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days
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after modification of the contract to include this clause, if the merger or acquisition occurred prior
to inclusion of this clause in the contract.
(3) For long-term contracts–
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any
option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the
time of this rerepresentation that corresponds to the North American Industry Classification System
(NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS
code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.
(d) The small business size standard for a Contractor providing a product which it does not manufacture
itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation
required by paragraph (b) of this clause by validating or updating all its representations in the Online
Representations and Certifications Application and its data in the Central Contractor Registration, as
necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the
contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data
have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this
contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of
this clause.
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a
representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to
complete the following rerepresentation and submit it to the contracting office, along with the contract
number and the date on which the rerepresentation was completed:
The Contractor represents that it ______ is, ______ is not a small business concern under NAICS Code
______ assigned to contract number ______.
AUTHORIZED SIGNER'S
NAME
AUTHORIZED SIGNER'S
TITLE
(Signature) (Date)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)
(a) It is the policy of the United States that small business concerns, veteran-owned small business
concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns,
small disadvantaged business concerns, and women-owned small business concerns 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 payment of amounts due pursuant to the terms of their subcontracts
with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned
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small business concerns, HUBZone small business concerns, small disadvantaged business concerns,
and women-owned small business concerns.
(b) The Contractor hereby agrees to carry out this policy in 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) Definitions. As used in this contract—
HUBZone small business concern means a small business concern that appears on the List of
Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.
Service-disabled veteran-owned small business concern—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans
or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or
more service-disabled veterans or, in the case of a service-disabled veteran with
permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a small business as defined pursuant to Section 3 of the Small
Business Act and relevant regulations promulgated pursuant thereto.
Small disadvantaged business concern means a small business concern that represents, as part of
its offer that—
(1) It has received certification as a small disadvantaged business concern consistent with 13 CFR
part 124, subpart B;
(2) No material change in disadvantaged ownership and control has occurred since its
certification;
(3) Where the concern is owned by one or more individuals, the net worth of each individual
upon whom the certification is based does not exceed $750,000 after taking into account the
applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(4) It is identified, on the date of its representation, as a certified small disadvantaged business in
the database maintained by the Small Business Administration (PRO-Net).
Veteran-owned small business concern means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more
veterans.
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Women-owned small business concern means a small business concern—
(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly
owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(d) Contractors acting in good faith may rely on written representations by their subcontractors
regarding their status as a small business concern, a veteran-owned small business concern, a
service-disabled veteran-owned small business concern, a HUBZone small business concern, a small
disadvantaged business concern, or a women-owned small business concern.
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008)
(ALTERNATE II – OCT 2001) (DEVIATION FOR MAS
SOLICITATIONS AND CONTRACTS – DEC 2009)
(a) This clause does not apply to small business concerns.
(b) Definitions. As used in this clause—
“Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban
Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with
the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is
considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C.
1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint
ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).
“Commercial item” means a product or service that satisfies the definition of commercial item in
section 2.101 of the Federal Acquisition Regulation.
“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year
and that applies to the entire production of commercial items sold by either the entire company or a
portion thereof (e.g., division, plant, or product line).
“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic,
web-based system for small business subcontracting program reporting. The eSRS is located at
http://www.esrs.gov.
“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and
native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the
Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal
Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C.
1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of
25 U.S.C. 1452(e).
“Individual contract plan” means a subcontracting plan that covers the entire contract period (including
option periods), applies to a specific contract, and has goals that are based on the offeror’s planned
subcontracting in support of the specific contract, except that indirect costs incurred for common or
joint purposes may be allocated on a prorated basis to the contract.
“Master plan” means a subcontracting plan that contains all the required elements of an individual
contract plan, except goals, and may be incorporated into individual contract plans, provided the master
plan has been approved.
“Subcontract” means any agreement (other than one involving an employer-employee relationship)
entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services
required for performance of the contract or subcontract.
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(c) Proposals submitted in response to this solicitation shall include a subcontracting plan that
separately addresses subcontracting with small business, veteran-owned small business,
service-disabled veteran-owned small business, HUBZone small business, small disadvantaged
business, and women-owned small business concerns. If the offeror is submitting an individual contract
plan, the plan must separately address subcontracting with small business, veteran-owned small
business, service-disabled veteran-owned small business, HUBZone small business, small
disadvantaged business, and women-owned small business concerns, with a separate part for the basic
contract and separate parts for each option (if any). The plan shall be included in and made a part of the
resultant contract. The subcontracting plan shall be negotiated within the time specified by the
Contracting Officer. Failure to submit and negotiate a subcontracting plan shall make the offeror
ineligible for award of a contract.
(d) The offeror’s subcontracting plan shall include the following:
(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of
small business, veteran-owned small business, service-disabled veteran-owned small business,
HUBZone small business, small disadvantaged business, and women-owned small business
concerns as subcontractors. The offeror shall include all sub-contracts that contribute to contract
performance, and may include a proportionate share of products and services that are normally
allocated as indirect costs. In accordance with 43 U.S.C. 1626:
(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the
subcontracting goals for small business and small disadvantaged business (SDB)
concerns, regardless of the size or Small Business Administration certification status of
the ANC or Indian tribe.
(ii) Where one or more subcontractors are in the subcontract tier between the prime
contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the
appropriate contractor(s) to count the subcontract towards its small business and small
disadvantaged business subcontracting goals.
(A) In most cases, the appropriate Contractor is the Contractor that awarded the
subcontract to the ANC or Indian tribe.
(B) If the ANC or Indian tribe designates more than one Contractor to count the
subcontract toward its goals, the ANC or Indian tribe shall designate only a
portion of the total subcontract award to each Contractor. The sum of the amounts
designated to various Contractors cannot exceed the total value of the
subcontract.
(C) The ANC or Indian tribe shall give a copy of the written designation to the
Contracting Officer, the prime Contractor, and the subcontractors in between the
prime Contractor and the ANC or Indian tribe within 30 days of the date of the
subcontract award.
(D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian
tribe’s written designation within 30 days of the subcontract award, the
Contractor that awarded the subcontract to the ANC or Indian tribe will be
considered the designated Contractor.
(2) A statement of—
(i) Total dollars planned to be subcontracted for an individual contract plan; or the
offeror’s total projected sales, expressed in dollars, and the total value of projected
subcontracts to support the sales for a commercial plan;
(ii) Total dollars planned to be subcontracted to small business concerns (including ANC
and Indian tribes);
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(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;
(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small
business;
(v) Total dollars planned to be subcontracted to HUBZone small business concerns;
(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns
(including ANCs and Indian tribes); and
(vii) Total dollars planned to be subcontracted to women-owned small business concerns.
(3) A description of the principal types of supplies and services to be subcontracted, and an
identification of the types planned for subcontracting to—
(i) Small business concerns;
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns; and
(vi) Women-owned small business concerns.
(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of
this clause.
(5) A description of the method used to identify potential sources for solicitation purposes (e.g.,
existing company source lists, the Central Contractor Registration database (CCR), veterans
service organizations, the National Minority Purchasing Council Vendor Information Service, the
Research and Information Division of the Minority Business Development Agency in the
Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small
business trade associations). A firm may rely on the information contained in CCR as an accurate
representation of a concern’s size and ownership characteristics for the purposes of maintaining a
small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small
disadvantaged, and women-owned small business source list. Use of CCR as its source list does
not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing
subcontracting opportunities) in this clause.
(6) A statement as to whether or not the offeror included indirect costs in establishing
subcontracting goals, and a description of the method used to determine the proportionate share
of indirect costs to be incurred with—
(i) Small business concerns (including ANC and Indian tribes);
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns (including ANC and Indian tribes); and
(vi) Women-owned small business concerns.
(7) The name of the individual employed by the offeror who will administer the offeror’s
subcontracting program, and a description of the duties of the individual.
(8) A description of the efforts the offeror will make to assure that small business, veteran-owned
small business, service-disabled veteran-owned small business, HUBZone small business, small
disadvantaged business, and women-owned small business concerns have an equitable
opportunity to compete for subcontracts.
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(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of
Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and
that the offeror will require all subcontractors (except small business concerns) that receive
subcontracts in excess of $550,000 ($1,000,000 for construction of any public facility) with
further subcontracting possibilities to adopt a subcontracting plan that complies with the
requirements of this clause.
(10) Assurances that the offeror will—
(i) Cooperate in any studies or surveys as may be required;
(ii) Submit GSA semi-annual reports so that GSA can determine the extent of compliance
by the offeror with the subcontracting plan;
(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract
Report (SSR), in accordance with paragraph (l) of this clause using the Electronic
Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall
provide information on subcontract awards to small business concerns, veteran-owned
small business concerns, service-disabled veteran-owned small business concerns,
HUBZone small business concerns, small disadvantaged business concerns,
women-owned small business concerns, and Historically Black Colleges and Universities
and Minority Institutions. Reporting shall be in accordance with this clause, or as
provided in agency regulations;
(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR
and/or the SSR using eSRS;
(v) Provide its prime contract number, its DUNS number, and the e-mail address of the
Government or Contractor official responsible for acknowledging or rejecting the reports,
to all first-tier subcontractors with subcontracting plans so they can enter this information
into the eSRS when submitting their reports; and
(vi) Require that each subcontractor with a subcontracting plan provide the prime contract
number, its own DUNS number, and the e-mail address of the Government or Contractor
official responsible for acknowledging or rejecting the reports, to its subcontractors with
subcontracting plans.
(11) A description of the types of records that will be maintained concerning procedures that have
been adopted to comply with the requirements and goals in the plan, including establishing source
lists; and a description of the offeror’s efforts to locate small business, veteran-owned small
business, service-disabled veteran-owned small business, HUBZone small business, small
disadvantaged business, and women-owned small business concerns and award subcontracts to
them. The records shall include at least the following (on a plant-wide or company-wide basis,
unless otherwise indicated):
(i) Source lists (e.g., CCR), guides, and other data that identify small business,
veteran-owned small business, service-disabled veteran-owned small business, HUBZone
small business, small disadvantaged business, and women-owned small business
concerns.
(ii) Organizations contacted in an attempt to locate sources that are small business,
veteran-owned small business, service-disabled veteran-owned small business, HUBZone
small business, small disadvantaged business, or women-owned small business concerns.
(iii) Records on each subcontract solicitation resulting in an award of more than
$100,000, indicating—
(A) Whether small business concerns were solicited and, if not, why not;
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(B) Whether veteran-owned small business concerns were solicited and, if not,
why not;
(C) Whether service-disabled veteran-owned small business concerns were
solicited and, if not, why not;
(D) Whether HUBZone small business concerns were solicited and, if not, why
not;
(E) Whether small disadvantaged business concerns were solicited and, if not,
why not;
(F) Whether women-owned small business concerns were solicited and, if not,
why not; and
(G) If applicable, the reason award was not made to a small business concern.
(iv) Records of any outreach efforts to contact—
(A) Trade associations;
(B) Business development organizations;
(C) Conferences and trade fairs to locate small, HUBZone small, small
disadvantaged, and women-owned small business sources; and
(D) Veterans service organizations.
(v) Records of internal guidance and encouragement provided to buyers through—
(A) Workshops, seminars, training, etc.; and
(B) Monitoring performance to evaluate compliance with the program’s
requirements.
(vi) On a contract-by-contract basis, records to support award data submitted by the
offeror to the Government, including the name, address, and business size of each
subcontractor. Contractors having commercial plans need not comply with this
requirement.
(e) In order to effectively implement this plan to the extent consistent with efficient contract
performance, the Contractor shall perform the following functions:
(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small
business, HUBZone small business, small disadvantaged business, and women-owned small
business concerns by arranging solicitations, time for the preparation of bids, quantities,
specifications, and delivery schedules so as to facilitate the participation by such concerns. Where
the Contractor’s lists of potential small business, veteran-owned small business, service-disabled
veteran-owned small business, HUBZone small business, small disadvantaged business, and
women-owned small business subcontractors are excessively long, reasonable effort shall be
made to give all such small business concerns an opportunity to compete over a period of time.
(2) Provide adequate and timely consideration of the potentialities of small business,
veteran-owned small business, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business, and women-owned small business concerns in all
“make-or-buy” decisions.
(3) Counsel and discuss subcontracting opportunities with representatives of small business,
veteran-owned small business, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business, and women-owned small business firms.
(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is
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identified as a certified HUBZone small business concern by accessing the Central Contractor
Registration (CCR) database or by contacting SBA.
(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of
business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or
women-owned small business for the purpose of obtaining a subcontract that is to be included as
part or all of a goal contained in the Contractor’s subcontracting plan.
(f) A master plan on a plant or division-wide basis that contains all the elements required by
paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the
subcontracting plan required of the offeror by this clause; provided—
(1) The master plan has been approved;
(2) The offeror ensures that the master plan is updated as necessary and provides copies of the
approved master plan, including evidence of its approval, to the Contracting Officer; and
(3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer
to satisfy the requirements of this contract are set forth in the individual subcontracting plan.
(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing
commercial items. The commercial plan shall relate to the offeror’s planned subcontracting generally,
for both commercial and Government business, rather than solely to the Government contract. Once the
Contractor’s commercial plan has been approved, the Government will not require another
subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or
service being provided by the Contractor continues to meet the definition of a commercial item. A
Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph
(d)(10) of this clause by submitting quarterly SSR for GSA only in eSRS for all contracts covered by its
commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer
who approved the plan. At the end of the reporting period, the SSR report for all federal agencies shall
be submitted within 30 days after the end of the Government’s fiscal year.
(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will
be considered by the Contracting Officer in determining the responsibility of the offeror for award of
the contract.
(i) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a
plan, or an option is exercised, the goals associated with the modification or option shall be added to
those in the existing subcontract plan.
(j) Subcontracting plans are not required from subcontractors when the prime contract contains the
clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive
Orders—Commercial Items, or when the subcontractor provides a commercial item subject to the
clause at 52.244-6, Subcontracts for Commercial Items, under a prime contract.
(k) The failure of the Contractor or subcontractor to comply in good faith with—
(1) The clause of this contract entitled “Utilization Of Small Business Concerns;” or
(2) An approved plan required by this clause, shall be a material breach of the contract.
(l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov.
Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or
subcontractor are not included in these reports. Subcontract award data reported by prime Contractors
and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit
cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor
has been designated to receive a small business or small disadvantaged business credit from an ANC or
Indian tribe.
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(1) ISR. This report is not required for commercial plans. The report is required for each GSA
contract containing an individual subcontract plan and shall be submitted to the Administrative
Contracting Officer (ACO) or Contracting Officer, if no ACO is assigned.
(i) The GSA report shall be submitted semi-annually during contract performance for the
periods ending March 31 and September 30. A report is also required for each contract
within 30 days of contract completion. Reports are due 30 days after the close of each
reporting period, unless otherwise directed by the Contracting Officer. Reports are
required when due, regardless of whether there has been any subcontracting activity since
the inception of the contract or the previous reporting period.
(ii) When a subcontracting plan contains separate goals for the basic contract and each
option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the
sum of the base period through the current option; for example, for a report submitted
after the second option is exercised, the dollar goal would be the sum of the goals for the
basic contract, the first option, and the second option.
(iii) The authority to acknowledge receipt or reject the ISR resides—
(A) In the case of the prime Contractor, with the Contracting Officer; and
(B) In the case of a subcontract with a subcontracting plan, with the entity that
awarded the subcontract.
(2) SSR.
(i) Reports submitted under individual contract plans—
(A) This report encompasses all subcontracting under prime contracts and
subcontracts with the awarding agency, regardless of the dollar value of the
subcontracts.
(B) The report may be submitted on a corporate, company or subdivision (e.g.
plant or division operating as a separate profit center) basis, unless otherwise
directed by the agency.
(C) If a prime Contractor and/or subcontractor is performing work for more than
one executive agency, a separate report shall be submitted to each executive
agency covering only that agency’s contracts, provided at least one of that
agency’s contracts is over $550,000 (over $1,000,000 for construction of a public
facility) and contains a subcontracting plan. For DoD, a consolidated report shall
be submitted for all contracts awarded by military departments/agencies and/or
subcontracts awarded by DoD prime Contractors. However, for construction and
related maintenance and repair, a separate report shall be submitted for each DoD
component.
(D) For DoD and NASA, the report shall be submitted semi-annually for the six
months ending March 31 and the twelve months ending September 30. For
civilian agencies, except NASA, it shall be submitted annually for the twelve
month period ending September 30. Reports are due 30 days after the close of
each reporting period.
(E) Subcontract awards that are related to work for more than one executive
agency shall be appropriately allocated.
(F) The authority to acknowledge or reject SSRs in eSRS, including SSRs
submitted by subcontractors with subcontracting plans, resides with the
Government agency awarding the prime contracts.
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(ii) Reports submitted under a commercial plan—
(A) The report shall include all subcontract awards under the commercial plan in
effect during the Government’s fiscal year.
(B) The GSA report shall be submitted semi-annually. The report that includes all
agencies shall be submitted, within thirty days after the end of the Government’s
fiscal year.
(C) If a Contractor has a commercial plan and is performing work for more than
one executive agency, the Contractor shall specify the percentage of dollars
attributable to each agency from which contracts for commercial items were
received.
(D) The authority to acknowledge or reject SSRs for commercial plans resides
with the Contracting Officer who approved the commercial plan.
(iii) All reports submitted at the close of each fiscal year (both individual and commercial
plans) shall include a Year-End Supplementary Report for Small Disadvantaged
Businesses. The report shall include subcontract awards, in whole dollars, to small
disadvantaged business concerns by North American Industry Classification System
(NAICS) Industry Subsector. If the data are not available when the year-end SSR is
submitted, the prime Contractor and/or subcontractor shall submit the Year-End
Supplementary Report for Small Disadvantaged Businesses within 90 days of submitting
the year-end SSR. For a commercial plan, the Contractor may obtain from each of its
subcontractors a predominant NAICS Industry Subsector and report all awards to that
subcontractor under its predominant NAICS Industry Subsector.
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES
(FEB 1997)
If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the
timely performance of this contract, the Contractor shall immediately give notice, including all relevant
information, to the Contracting Officer.
52.222-21 PROHIBITION OF SEGREGATED FACILITIES
(FEB 1999)
(a) Segregated facilities, as used in this clause, means any waiting rooms, work areas, rest rooms and
wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing
facilities provided for employees, that are segregated by explicit directive or are in fact segregated on
the basis of race, color, religion, sex, or national origin because of written or oral policies or employee
custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping
areas provided to assure privacy between the sexes.
(b) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its employees
to perform their services at any location under its control where segregated facilities are maintained.
The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this
contract.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the
Equal Opportunity clause of this contract.
52.222-26 EQUAL OPPORTUNITY (MAR 2007)
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(a) Definition. “United States,” as used in this clause, means the 50 States, the District of Columbia,
Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake
Island.
(b) (1) 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 this clause,
except for work performed outside the United States by employees who were not recruited within
the United States. Upon request, the Contractor shall provide information necessary to determine
the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or society, the
requirements of this clause do not apply with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on of the Contractor's activities
(41 CFR 60-1.5).
(c) (1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. However, it shall not be a violation of this
clause for the Contractor to extend a publicly announced preference in employment to Indians
living on or near an Indian reservation, in connection with employment opportunities on or near
an Indian reservation, as permitted by 41 CFR 60-1.5.
(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 for 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 advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
(5) The Contractor shall send, to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, the notice to be provided by
the Contracting Officer advising the labor union or workers' representative of the Contractor's
commitments under this clause, and post copies of the notice in conspicuous places available to
employees and applicants for employment.
(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules,
regulations, and orders of the Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency all information required by Executive
Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The
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Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41
CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of
contract award, the Contractor shall, within 30 days after contract award, apply to either the
regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the
Equal Employment Opportunity Commission for the necessary forms.
(8) The Contractor shall permit access to its premises, during normal business hours, by the
contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations
and complaint investigations. The Contractor shall permit the Government to inspect and copy
any books, accounts, records (including computerized records), and other material that may be
relevant to the matter under investigation and pertinent to compliance with Executive Order
11246, as amended, and rules and regulations that implement the Executive Order.
(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; in 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 this clause in every subcontract or
purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor
issued under Executive Order 11246, as amended, so that these terms and conditions will be
binding upon each subcontractor or vendor.
(11) The Contractor shall take such action with respect to any subcontract or purchase order as
the Contracting Officer 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.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed
by the procedures in 41 CFR 60-1.1.
52.222-3 CONVICT LABOR (JUN 2003)
(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the
performance of this contract any person undergoing a sentence of imprisonment imposed by any court
of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa,
Guam, or the U.S. Virgin Islands.
(b) The Contractor is not prohibited from employing persons—
(1) On parole or probation to work at paid employment during the term of their sentence;
(2) Who have been pardoned or who have served their terms; or
(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico,
the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are
authorized to work at paid employment in the community under the laws of such jurisdiction, if—
(i) The worker is paid or is in an approved work training program on a voluntary basis;
(ii) Representatives of local union central bodies or similar labor union organizations
have been consulted;
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(iii) Such paid employment will not result in the displacement of employed workers, or be
applied in skills, crafts, or trades in which there is a surplus of available gainful labor in
the locality, or impair existing contracts for services;
(iv) The rates of pay and other conditions of employment will not be less than those paid
or provided for work of a similar nature in the locality in which the work is being
performed; and
(v) The Attorney General of the United States has certified that the work-release laws or
regulations of the jurisdiction involved are in conformity with the requirements of
Executive Order 11755, as amended by Executive Orders 12608 and 12943.
52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED
VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER
ELIGIBLE VETERANS (SEP 2006)
(a) Definitions. As used in this clause—
All employment openings means all positions except executive and top management, those
positions that will be filled from within the Contractor's organization, and positions lasting 3 days or
less. This term includes full-time employment, temporary employment of more than 3 days duration,
and part-time employment.
Executive and top management means any employee—
(1) Whose primary duty consists of the management of the enterprise in which the individual is
employed or of a customarily recognized department or subdivision thereof;
(2) Who customarily and regularly directs the work of two or more other employees;
(3) Who has the authority to hire or fire other employees or whose suggestions and
recommendations as to the hiring or firing and as to the advancement and promotion or any other
change of status of other employees will be given particular weight;
(4) Who customarily and regularly exercises discretionary powers; and
(5) Who does not devote more than 20 percent or, in the case of an employee of a retail or service
establishment, who does not devote more than 40 percent of total hours of work in the work week
to activities that are not directly and closely related to the performance of the work described in
paragraphs (1) through (4) of this definition. This paragraph (5) does not apply in the case of an
employee who is in sole charge of an establishment or a physically separated branch
establishment, or who owns at least a 20 percent interest in the enterprise in which the individual
is employed.
Other eligible veteran means any other veteran who served on active duty during a war or in a
campaign or expedition for which a campaign badge has been authorized.
Positions that will be filled from within the Contractor’s organization means employment openings for
which the Contractor will give no consideration to persons outside the Contractor’s organization
(including any affiliates, subsidiaries, and parent companies) and includes any openings the Contractor
proposes to fill from regularly established “recall” lists. The exception does not apply to a particular
opening once an employer decides to consider applicants outside of its organization.
Qualified special disabled veteran means a special disabled veteran who satisfies the requisite skill,
experience, education, and other job-related requirements of the employment position such veteran
holds or desires, and who, with or without reasonable accommodation, can perform the essential
functions of such position.
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Special disabled veteran means—
(1) A veteran who is entitled to compensation (or who but for the receipt of military retired pay
would be entitled to compensation) under laws administered by the Department of Veterans
Affairs for a disability—
(i) Rated at 30 percent or more; or
(ii) Rated at 10 or 20 percent in the case of a veteran who has been determined under 38
U.S.C. 3106 to have a serious employment handicap (i.e., a significant impairment of the
veteran’s ability to prepare for, obtain, or retain employment consistent with the veteran’s
abilities, aptitudes, and interests); or
(2) A person who was discharged or released from active duty because of a service-connected
disability.
Veteran of the Vietnam era means a person who—
(1) Served on active duty for a period of more than 180 days and was discharged or released from
active duty with other than a dishonorable discharge, if any part of such active duty occurred—
(i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or
(ii) Between August 5, 1964, and May 7, 1975, in all other cases; or
(2) Was discharged or released from active duty for a service-connected disability if any part of
the active duty was performed—
(i) In the Republic of Vietnam between February 28, 1961, and May 7, 1975; or
(ii) Between August 5, 1964, and May 7, 1975, in all other cases.
(b) General.
(1) The Contractor shall not discriminate against the individual because the individual is a special
disabled veteran, a veteran of the Vietnam era, or other eligible veteran, regarding any position
for which the employee or applicant for employment is qualified. The Contractor shall take
affirmative action to employ, advance in employment, and otherwise treat qualified special
disabled veterans, veterans of the Vietnam era, and other eligible veterans without discrimination
based upon their disability or veterans’ status in all employment practices such as—
(i) Recruitment, advertising, and job application procedures;
(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,
termination, right of return from layoff and rehiring;
(iii) Rate of pay or any other form of compensation and changes in compensation;
(iv) Job assignment, job classifications, organizational structures, position descriptions,
lines of progression, and seniority lists;
(v) Leaves of absence, sick leave, or any other leave;
(vi) Fringe benefits available by virtue of employment, whether or not administered by
the Contractor;
(vii) Selection and financial support for training, including apprenticeship, and on-the-job
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training under 38 U.S.C. 3687, professional meetings, conferences, and other related
activities, and selection for leaves of absence to pursue training;
(viii) Activities sponsored by the Contractor including social or recreational programs;
and
(ix) Any other term, condition, or privilege of employment.
(2) The Contractor shall comply with the rules, regulations, and relevant orders of the Secretary
of Labor issued under the Vietnam Era Veterans’ Readjustment Assistance Act of 1972 (the Act),
as amended (38 U.S.C. 4211 and 4212).
(c) Listing openings.
(1) The Contractor shall immediately list all employment openings that exist at the time of the
execution of this contract and those which occur during the performance of this contract,
including those not generated by this contract, and including those occurring at an establishment
of the Contractor other than the one where the contract is being performed, but excluding those of
independently operated corporate affiliates, at an appropriate local public employment service
office of the State wherein the opening occurs. Listing employment openings with the U.S.
Department of Labor’s America’s Job Bank shall satisfy the requirement to list jobs with the local
employment service office.
(2) The Contractor shall make the listing of employment openings with the local employment
service office at least concurrently with using any other recruitment source or effort and shall
involve the normal obligations of placing a bona fide job order, including accepting referrals of
veterans and nonveterans. This listing of employment openings 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.
(3) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it
shall advise the State public employment agency 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 agency, it need not advise the State agency of
subsequent contracts. The Contractor may advise the State agency when it is no longer bound by
this contract clause.
(d) Applicability. This clause does not apply to the listing of employment openings that occur and
are filled outside the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands of the
United States, and Wake Island.
(e) Postings.
(1) The Contractor shall post employment notices in conspicuous places that are available to
employees and applicants for employment.
(2) The employment notices shall—
(i) State the rights of applicants and employees as well as the Contractor’s obligation
under the law to take affirmative action to employ and advance in employment qualified
employees and applicants who are special disabled veterans, veterans of the Vietnam era,
and other eligible veterans; and
(ii) Be in a form prescribed by the Deputy Assistant Secretary for Federal Contract
Compliance Programs, Department of Labor (Deputy Assistant Secretary of Labor), and
provided by or through the Contracting Officer.
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(3) The Contractor shall ensure that applicants or employees who are special disabled veterans are
informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually
disabled veterans, or may lower the posted notice so that it can be read by a person in a
wheelchair).
(4) 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 veterans, veterans of the Vietnam era, and other eligible
veterans.
(f) Noncompliance. If the Contractor does not comply with the requirements of this clause, the
Government may take appropriate actions under the rules, regulations, and relevant orders of the
Secretary of Labor issued pursuant to the Act.
(g) Subcontracts. The Contractor shall insert the terms of this clause in all subcontracts or purchase
orders of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor.
The Contractor shall act as specified by the Deputy Assistant Secretary of Labor to enforce the terms,
including action for noncompliance.
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH
DISABILITIES (JUN 1998)
(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
disability. The Contractor agrees to take affirmative action to employ, advance in employment,
and otherwise treat qualified individuals with disabilities without discrimination based upon their
physical or mental disability in all employment practices such as—
(i) Recruitment, advertising, and job application procedures;
(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,
termination, right of return from layoff, and rehiring;
(iii) Rates of pay or any other form of compensation and changes in compensation;
(iv) Job assignments, job classifications, organizational structures, position descriptions,
lines of progression, and seniority lists;
(v) Leaves of absence, sick leave, or any other leave;
(vi) Fringe benefits available by virtue of employment, whether or not administered by
the Contractor;
(vii) Selection and financial support for training, including apprenticeships, professional
meetings, conferences, and other related activities, and selection for leaves of absence to
pursue training;
(viii) Activities sponsored by the Contractor, including social or recreational programs;
and
(ix) Any other term, condition, or privilege of employment.
(2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the
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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 individuals with disabilities; 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. The Contractor shall ensure that applicants and employees with
disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice
read to a visually disabled individual, or may lower the posted notice so that it might be read by a
person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant
Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant
Secretary) and shall be 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 Section 503 of the Act and is committed to take affirmative action to employ, and
advance in employment, qualified individuals with physical or mental disabilities.
(c)Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate
actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant
to the Act.
(d)Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase
order in excess of $10,000 unless exempted by rules, regulations, or orders of the Secretary. The
Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including
action for noncompliance.
52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED
VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER
ELIGIBLE VETERANS (SEP 2006)
(a) Unless the Contractor is a State or local government agency, the Contractor shall report at least
annually, as required by the Secretary of Labor, on --
(1) The number of special disabled veterans, the number of veterans of the Vietnam era, and other
eligible veterans in the workforce of the Contractor by job category and hiring location; and
(2) The total number of new employees hired during the period covered by the report, and of the
total, the numbered of special disabled veterans, the number of veterans of the Vietnam era, and
the number of other eligible veterans; and
(3) The maximum number and the minimum number of employees of the Contractor during the
period covered by the report.
(b) The Contractor shall report the above items by completing the Form VETS-100, entitled "Federal
Contractor Veterans’ Employment Report (VETS-100 Report)."
(c) The Contractor shall submit VETS-100 Reports no later than September 30 of each year beginning
September 30, 1988.
(d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires
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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 between July 1 and August 31 of the year the report is due; or
(2)As of December 31, if the Contractor has prior written approval from the Equal Employment
Opportunity Commission to do so for purposes of submitting the Employer Information Report
EEO-1 (Standard Form 100).
(e) The Contractor shall base the count of veterans reported according to paragraph (a) of this clause on
voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.S.C. 4212 shall
invite all special disabled veterans, veterans of the Vietnam era, and other eligible veterans who wish to
benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor.
The invitation shall state that --
(1)The information is voluntarily provided;
(2)The information will be kept confidential;
(3)Disclosure or refusal to provide the information will not subject the applicant or employee to any
adverse treatment; and
(4)The information will be used only in accordance with the regulations promulgated under 38 U.S.C.
4212.
(f) The Contractor shall insert the terms of this clause in all subcontracts or purchase orders of $100,000
or more unless exempted by rules, regulations, or orders of the Secretary of Labor.
52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)
(a) Definitions. As used in this clause–
Act means the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).
Contractor when this clause is used in any subcontract, shall be deemed to refer to the subcontractor,
except in the term "Government Prime Contractor."
Service employee means any person engaged in the performance of this contract other than any person
employed in a bona fide executive, administrative, or professional capacity, as these terms are defined
in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless
of any contractual relationship that may be alleged to exist between a Contractor or subcontractor.
(b) Applicability. This contract is subject to the following provisions and to all other applicable
provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not
apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by
41 U.S.C. 356, as interpreted in subpart C of 29 CFR Part 4.
(c) Compensation. (1) Each service employee employed in the performance of this contract by the
Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be
furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary
of Labor or authorized representative, as specified in any wage determination attached to this contract.
(2) (i) If a wage determination is attached to this contract, the Contractor shall classify
any class of service employee which is not listed herein and which is to be employed
under the contract (i.e., the work to be performed is not performed by any classification
listed in the wage determination), so as to provide a reasonable relationship (i.e.,
appropriate level of skill comparison) between such unlisted classifications and the
classifications listed in the wage determination. Such conformed class of employees shall
be paid the monetary wages and furnished the fringe benefits as are determined pursuant
to the procedures in this paragraph (c).
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(ii) This conforming procedure shall be initiated by the Contractor prior to the
performance of contract work by the unlisted class of employee. The Contractor shall
submit Standard Form (SF) 1444, Request for Authorization of Additional Classification
and Rate, to the Contracting Officer no later than 30 days after the unlisted class of
employee performs any contract work. The Contracting Officer shall review the proposed
classification and rate and promptly submit the completed SF 1444 (which must include
information regarding the agreement or disagreement of the employees' authorized
representatives or the employees themselves together with the agency recommendation),
and all pertinent information to the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor. The Wage and Hour Division will approve,
modify, or disapprove the action or render a final determination in the event of
disagreement within 30 days of receipt or will notify the Contracting Officer within 30
days of receipt that additional time is necessary.
(iii) The final determination of the conformance action by the Wage and Hour Division
shall be transmitted to the Contracting Officer who shall promptly notify the Contractor
of the action taken. Each affected employee shall be furnished by the Contractor with a
written copy of such determination or it shall be posted as a part of the wage
determination.
(iv) (A) The process of establishing wage and fringe benefit rates that bear a
reasonable relationship to those listed in a wage determination cannot be reduced
to any single formula. The approach used may vary from wage determination to
wage determination depending on the circumstances. Standard wage and salary
administration practices which rank various job classifications by pay grade
pursuant to point schemes or other job factors may, for example, be relied upon.
Guidance may also be obtained from the way different jobs are rated under
Federal pay systems (Federal Wage Board Pay System and the General Schedule)
or from other wage determinations issued in the same locality. Basic to the
establishment of any conformable wage rate(s) is the concept that a pay
relationship should be maintained between job classifications based on the skill
required and the duties performed.
(B) In the case of a contract modification, an exercise of an option or extension of
an existing contract, or in any other case where a Contractor succeeds a contract
under which the classification in question was previously conformed pursuant to
paragraph (c) of this clause, a new conformed wage rate and fringe benefits may
be assigned to the conformed classification by indexing (i.e., adjusting) the
previous conformed rate and fringe benefits by an amount equal to the average
(mean) percentage increase (or decrease, where appropriate) between the wages
and fringe benefits specified for all classifications to be used on the contract
which are listed in the current wage determination, and those specified for the
corresponding classifications in the previously applicable wage determination.
Where conforming actions are accomplished in accordance with this paragraph
prior to the performance of contract work by the unlisted class of employees, the
Contractor shall advise the Contracting Officer of the action taken but the other
procedures in subdivision (c)(2)(ii) of this clause need not be followed.
(C) No employee engaged in performing work on this contract shall in any event
be paid less than the currently applicable minimum wage specified under section
6(a)(1) of the Fair Labor Standards Act of 1938, as amended.
(v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of
this clause shall be paid to all employees performing in the classification from the first
day on which contract work is performed by them in the classification. Failure to pay the
unlisted employees the compensation agreed upon by the interested parties and/or finally
determined by the Wage and Hour Division retroactive to the date such class of
employees commenced contract work shall be a violation of the Act and this contract.
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(vi) Upon discovery of failure to comply with subparagraphs (b)(2) of this clause, the
Wage and Hour Division shall make a final determination of conformed classification,
wage rate, and/or fringe benefits which shall be retroactive to the date such class or
classes of employees commenced contract work.
(3) Adjustment of Compensation. If the term of this contract is more than 1 year, the minimum
monetary wages and fringe benefits required to be paid or furnished thereunder to service
employees under the contract shall be subject to adjustment after 1 year and not less often than
once every 2 years, under wage determinations issued by the Wage and Hour Division.
(d) Obligation to Furnish Fringe Benefits. The Contractor or subcontractor may discharge the obligation
to furnish fringe benefits specified in the attachment or determined under subparagraph (c)(2) of this
clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or
differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.
(e) Minimum Wage. In the absence of a minimum wage attachment for this contract, neither the
Contractor nor any subcontractor under this contract shall pay any person performing work under this
contract (regardless of whether the person is a service employee) less than the minimum wage specified
by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the
Contractor or any subcontractor of any other obligation under law or contract for payment of a higher
wage to any employee.
(f) Successor Contracts. If this contract succeeds a contract subject to the Act under which substantially
the same services were furnished in the same locality and service employees were paid wages and
fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage
attachment for this contract setting forth such collectively bargained wage rates and fringe benefits,
neither the Contractor nor any subcontractor under this contract shall pay any service employee
performing any of the contract work (regardless of whether or not such employee was employed under
the predecessor contract), less than the wages and fringe benefits provided for in such collective
bargaining agreement to which such employee would have been entitled if employed under the
predecessor contract, including accrued wages and fringe benefits and any prospective increases in
wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under
this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply
or unless the Secretary of Labor or authorized representative finds, after a hearing as provided in 29
CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at
variance with those which prevail for services of a character similar in the locality, or determines, as
provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees
employed under the predecessor contract was not entered into as a result of arm's length negotiations.
Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and
Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor
Contractor's collective bargaining agreement are substantially at variance with those which prevail for
services of a character similar in the locality, and/or that the collective bargaining agreement applicable
to service employees employed under the predecessor contract was not entered into as a result of arm's
length negotiations, the Department will issue a new or revised wage determination setting forth the
applicable wage rates and fringe benefits. Such determination shall be made part of the contract or
subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the
Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to
or after the award of a contract or subcontract. 53 Comp. Gen. 401 (1973). In the case of a wage
determination issued solely as a result of a finding of substantial variance, such determination shall be
effective as of the date of the final administrative decision.
(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify
each service employee commencing work on this contract of the minimum monetary wage and any
fringe benefits required to be paid pursuant to this contract, or shall post the wage determination
attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall
be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement
is a violation of section 2(a)(4) of the Act and of this contract.
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(h) Safe and Sanitary Working Conditions. The Contractor or subcontractor shall not permit any part of
the services called for by this contract to be performed in buildings or surroundings or under working
conditions provided by or under the control or supervision of the Contractor or subcontractor which are
unsanitary or hazardous or dangerous to the health or safety of the service employee. The Contractor or
subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.
(i) Records. (1) The Contractor and each subcontractor performing work subject to the Act shall make
and maintain for 3 years from the completion of the work, and make them available for inspection and
transcription by authorized representatives of the Wage and Hour Division, Employment Standards
Administration, a record of the following:
(i) For each employee subject to the Act—
(A) Name and address and social security number;
(B) Correct work classification or classifications, rate or rates of monetary wages
paid and fringe benefits provided, rate or rates of payments in lieu of fringe
benefits, and total daily and weekly compensation;
(C) Daily and weekly hours worked by each employee; and
(D) Any deductions, rebates, or refunds from the total daily or weekly
compensation of each employee.
(ii) For those classes of service employees not included in any wage determination
attached to this contract, wage rates or fringe benefits determined by the interested parties
or by the Administrator or authorized representative under the terms of paragraph (c) of
this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will
fulfill this requirement.
(iii) Any list of the predecessor Contractor's employees which had been furnished to the
Contractor as prescribed by paragraph (n) of this clause.
(2) The Contractor shall also make available a copy of this contract for inspection or transcription
by authorized representatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available these records for inspection and
transcription shall be a violation of the regulations and this contract, and in the case of failure to
produce these records, the Contracting Officer, upon direction of the Department of Labor and
notification to the Contractor, shall take action to cause suspension of any further payment or
advance of funds until the violation ceases.
(4) The Contractor will permit authorized representatives of the Wage and Hour Division to
conduct interviews with employees at the worksite during normal working hours.
(j) Pay Periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages
due free and clear and without subsequent deduction (except as otherwise provided by law or
Regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no
later than one pay period following the end of the regular pay period in which the wages were earned or
accrued. A pay period under this Act may not be of any duration longer than semimonthly.
(k) Withholding of Payments and Termination of Contract. The Contracting Officer shall withhold or
cause to be withheld from the Government prime Contractor under this or any other Government
contract with the prime Contractor such sums as an appropriate official of the Department of Labor
requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees
employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the
Act all or part of the wages or fringe benefits due under the Act, the Contracting Officer may, after
authorization or by direction of the Department of Labor and written notification to the Contractor, take
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action to cause suspension of any further payment or advance of funds until such violations have
ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for
termination of the right to proceed with the contract work. In such event, the Government may either
enter into other contracts or arrangements for completion of the work, charging the Contractor in
default with any additional cost.
(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act.
(m) Collective Bargaining Agreements Applicable to Service Employees. If wages to be paid or fringe
benefits to be furnished any service employees employed by the Government prime Contractor or any
subcontractor under the contract are provided for in a collective bargaining agreement which is or will
be effective during any period in which the contract is being performed, the Government prime
Contractor shall report such fact to the Contracting Officer, together with full information as to the
application and accrual of such wages and fringe benefits, including any prospective increases, to
service employees engaged in work on the contract, and a copy of the collective bargaining agreement.
Such report shall be made upon commencing performance of the contract, in the case of collective
bargaining agreements effective at such time, and in the case of such agreements or provisions or
amendments thereof effective at a later time during the period of contract performance such agreements
shall be reported promptly after negotiation thereof.
(n) Seniority List. Not less than 10 days prior to completion of any contract being performed at a
Federal facility where service employees may be retained in the performance of the succeeding contract
and subject to a wage determination which contains vacation or other benefit provisions based upon
length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent prime
Contractor shall furnish to the Contracting Officer a certified list of the names of all service employees
on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list
shall also contain anniversary dates of employment on the contract either with the current or
predecessor Contractors of each such service employee. The Contracting Officer shall turn over such
list to the successor Contractor at the commencement of the succeeding contract.
(o) Ruling and Interpretations. Rulings and interpretations of the Act are contained in Regulations, 29
CFR Part 4.
(p) Contractor's Certification. (1) By entering into this contract, the Contractor (and officials thereof)
certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the
Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the
sanctions imposed under section 5 of the Act.
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract under section 5 of the Act.
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
(q) Variations, Tolerances, and Exemptions Involving Employment. Notwithstanding any of the
provisions in paragraphs (b) through (o) of this clause, the following employees may be employed in
accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor,
pursuant to section 4(b) of the Act prior to its amendment by Pub. L. 92-473, found to be necessary and
proper in the public interest or to avoid serious impairment of the conduct of Government business.
(1) Apprentices, student-learners, and workers whose earning capacity is impaired by age,
physical or mental deficiency or injury may be employed at wages lower than the minimum
wages otherwise required by section 2(a)(1) or 2(b)(1) of the Act without diminishing any fringe
benefits or cash payments in lieu thereof required under section 2(a)(2) of the Act, in accordance
with the conditions and procedures prescribed for the employment of apprentices,
student-learners, handicapped persons, and handicapped clients of sheltered workshops under
section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator
(29 CFR Parts 520, 521, 524, and 525).
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(2) The Administrator will issue certificates under the Act for the employment of apprentices,
student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject
to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the
two acts, authorizing appropriate rates of minimum wages (but without changing requirements
concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures
prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29
CFR Parts 520, 521, 524, and 525).
(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with
the regulations in 29 CFR Parts 525 and 528.
(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work
they perform when they are employed and individually registered in a bona fide apprenticeship program
registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or
if no such recognized agency exists in a State, under a program registered with the Office of
Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any
employee who is not registered as an apprentice in an approved program shall be paid the wage rate and
fringe benefits contained in the applicable wage determination for the journeyman classification of
work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their
level of progress set forth in the registered program, expressed as the appropriate percentage of the
journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to
journeymen employed on the contract work in any craft classification shall not be greater than the ratio
permitted to the Contractor as to his entire work force under the registered program.
(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly
receives more than $30 a month in tips may have the amount of these tips credited by the employer
against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with
section 3(m) of the Fair Labor Standards Act and Regulations 29 CFR Part 531. However, the amount
of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision—
(1) The employer must inform tipped employees about this tip credit allowance before the credit
is utilized;
(2) The employees must be allowed to retain all tips (individually or through a pooling
arrangement and regardless of whether the employer elects to take a credit for tips received);
(3) The employer must be able to show by records that the employee receives at least the
applicable Service Contract Act minimum wage through the combination of direct wages and tip
credit;
(4) The use of such tip credit must have been permitted under any predecessor collective
bargaining agreement applicable by virtue of section 4(c) of the Act.
(t) Disputes Concerning Labor Standards. The U.S. Department of Labor has set forth in 29 CFR Parts
4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes
shall be resolved in accordance with those procedures and not the Disputes clause of this contract.
Disputes within the meaning of this clause include disputes between the Contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL
HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of
Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under
the contract and states the wages and fringe benefits payable to each if they were employed by the contracting
agency subject to the provisions of 5 U.S.C 5341 or 5332.
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This Statement is for Information Only: It Is Not a Wage Determination
Employee Class Monetary Wage--
Fringe Benefits
To be determined by ordering activity To be determined by ordering activity
52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE
CONTRACT ACT—PRICE ADJUSTMENT (MULTIPLE YEAR
AND OPTION CONTRACTS) (SEP 2009)
(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts
subject to collective bargaining agreements.
(b) The Contractor warrants that the prices in this contract do not include any allowance for any
contingency to cover increased costs for which adjustment is provided under this clause.
(c) The wage determination, issued under the Service Contract Act of 1965, as amended,
(41 U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, current on the anniversary date of a multiple year contract
or the beginning of each renewal option period, shall apply to this contract. If no such determination has
been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1)
of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date
of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.
(d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to
reflect the Contractor’s actual increase or decrease in applicable wages and fringe benefits to the extent
that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a
result of:
(1) The Department of Labor wage determination applicable on the anniversary date of the
multiple year contract, or at the beginning of the renewal option period. For example, the prior
year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose
to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if
the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is
$.40 per hour;
(2) An increase or decrease wage determination otherwise applied to the contract by operation of
law; or
(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this
contract, affects the minimum wage, and becomes applicable to this contract under law.
(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in
paragraph (d) of this clause, and the accompanying increases or decreases in social security and
unemployment taxes and workers’ compensation insurance, but shall not otherwise include any amount
for general and administrative costs, overhead, or profit.
(f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within
30 days after receiving a new wage determination unless this notification period is extended in writing
by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any
decrease under this clause, but nothing in the clause shall preclude the Government from asserting a
claim within the period permitted by law. The notice shall contain a statement of the amount claimed
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and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any
relevant supporting data, including payroll records, that the Contracting Officer may reasonably require.
Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates
shall be modified in writing. The Contractor shall continue performance pending agreement on or
determination of any such adjustment in its effective date.
(g) The Contracting Officer or an authorized representative shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Contractor until the
expiration of 3 years after final payment under the contract.
52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007)
(ALTERNATE I -- AUG 2007)
(a)Definitions. As used in this clause--
Coercion means--
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an
act would result in serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
Commercial sex act means any sex act on account of which anything of value is given to or received by
any person.
Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her
personal services or of those of a person under his or her control as a security for debt, if the value of
those services as reasonably assessed is not applied toward the liquidation of the debt or the length and
nature of those services are not respectively limited and defined.
Employee means an employee of the Contractor directly engaged in the performance of work under the
contract who has other than a minimal impact or involvement in contract performance.
Involuntary servitude includes a condition of servitude induced by means of--
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not
enter into or continue in such conditions, that person or another person would suffer serious harm
or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
Severe forms of trafficking in persons means--
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in
which the person induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.
Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for
the purpose of a commercial sex act.
(b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in
persons. Contractors and contractor employees shall not—
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(1) Engage in severe forms of trafficking in persons during the period of performance of the
contract;
(2) Procure commercial sex acts during the period of performance of the contract; or
(3) Use forced labor in the performance of the contract.
(c) Contractor requirements. The Contractor shall—
(1) Notify its employees of—
(i) (A) The United States Government's zero tolerance policy described in
paragraph (b) of this clause; and
(B) The following directive(s) or notice(s) applicable to employees performing
work at the contract place(s) of performance as indicated below:
Document Title Document may be obtained
from:
Applies Performance to
in/at:
---
[Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source
(such as website link) for obtaining document; and, indicate the contract performance location outside the
U.S. to which the document applies.]
(ii) The actions that will be taken against employees for violations of this policy. Such
actions may include, but are not limited to, removal from the contract, reduction in
benefits, or termination of employment; and
(2) Take appropriate action, up to and including termination, against employees or subcontractors
that violate the policy in paragraph (b) of this clause.
(d) Notification. The Contractor shall inform the Contracting Officer immediately of—
(1) Any information it receives from any source (including host country law enforcement) that
alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct
that violates this policy; and
(2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees
pursuant to this clause.
(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to
comply with the requirements of paragraphs (c), (d), or (f) of this clause may render the Contractor
subject to--
(1) Required removal of a Contractor employee or employees from the performance of the
contract;
(2) Required subcontractor termination;
(3) Suspension of contract payments;
(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the
Government determined Contractor non-compliance;
(5) Termination of the contract for default or cause, in accordance with the termination clause of
this contract; or
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(6) Suspension or debarment.
(f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f),
in all subcontracts.
52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)
(a)Definitions. As used in this clause--
Coercion means--
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an
act would result in serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
Commercial sex act means any sex act on account of which anything of value is given to or received by
any person.
Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his
or her personal services or of those of a person under his or her control as a security for debt, if the
value of those services as reasonably assessed is not applied toward the liquidation of the debt or the
length and nature of those services are not respectively limited and defined.
Employee means an employee of the Contractor directly engaged in the performance of work
under the contract who has other than a minimal impact or involvement in contract performance.
Forced Labor means knowingly providing or obtaining the labor or services of a person--
(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the
person did not perform such labor or services, that person or another person would suffer serious
harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
Involuntary servitude includes a condition of servitude induced by means of--
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not
enter into or continue in such conditions, that person or another person would suffer serious harm
or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
Severe forms of trafficking in persons means--
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in
which the person induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or
services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.
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Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for
the purpose of a commercial sex act.
(b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in
persons. Contractors and contractor employees shall not--
(1) Engage in severe forms of trafficking in persons during the period of performance of the
contract;
(2) Procure commercial sex acts during the period of performance of the contract; or
(3) Use forced labor in the performance of the contract.
(c) Contractor requirements. The Contractor shall--
(1) Notify its employees of--
(i) The United States Government's zero tolerance policy described in paragraph (b) of
this clause; and
(ii) The actions that will be taken against employees for violations of this policy. Such
actions may include, but are not limited to, removal from the contract, reduction in
benefits, or termination of employment; and
(2) Take appropriate action, up to and including termination, against employees or subcontractors
that violate the policy in paragraph (b) of this clause.
(d) Notification. The Contractor shall inform the Contracting Officer immediately of--
(1) Any information it receives from any source (including host country law enforcement) that
alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct
that violates this policy; and
(2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees
pursuant to this clause.
(e) Remedies. In addition to other remedies available to the Government, the Contractor's failure to
comply with the requirements of paragraphs (c), (d), or (f) of this clause may render the Contractor
subject to--
(1) Requiring the Contractor to remove a Contractor employee or employees from the
performance of the contract;
(2) Requiring the Contractor to terminate a subcontract;
(3) Suspension of contract payments;
(4) Loss of award fee, consistent with the award fee plan, for the performance period in which the
Government determined Contractor non-compliance;
(5) Termination of the contract for default or cause, in accordance with the termination clause of
this contract; or
(6) Suspension or debarment.
(f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f),
in all subcontracts.
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(g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking
in Persons awareness program at the time of the violation as a mitigating factor when determining
remedies. Additional information about Trafficking in Persons and examples of awareness programs
can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in
Persons at http://www.state.gov/g/tip.
52.222-51 EXEMPTION FROM APPLICATION OF THE SERVICE
CONTRACT ACT TO CONTRACTS FOR MAINTENANCE,
CALIBRATION, OR REPAIR OF CERTAIN
EQUIPMENT--REQUIREMENTS (NOV 2007)
(a) The items of equipment to be serviced under this contract are used regularly for other than
Government purposes, and are sold or traded by the Contractor in substantial quantities to the general
public in the course of normal business operations.
(b) The services shall be furnished at prices which are, or are based on, established catalog or market
prices for the maintenance, calibration, or repair of equipment.
(1) An "established catalog price" is a price included in a catalog, price list, schedule, or other
form that is regularly maintained by the manufacturer or the Contractor, is either published or
otherwise available for inspection by customers, and states prices at which sales currently, or
were last, made to a significant number of buyers constituting the general public.
(2) An "established market price" is a current price, established in the usual course of trade
between buyers and sellers free to bargain, which can be substantiated from sources independent
of the manufacturer or Contractor.
(c) The compensation (wage and fringe benefits) plan for all service employees performing work under
the contract shall be the same as that used for these employees and for equivalent employees servicing
the same equipment of commercial customers.
(d) The Contractor is responsible for compliance with all the conditions of this exemption by its
subcontractors. The Contractor shall determine the applicability of this exemption to any subcontract on
or before subcontract award. In making a judgment that the exemption applies, the Contractor shall
consider all factors and make an affirmative determination that all of the conditions in paragraphs (a)
through (c) of this clause will be met.
(e) If the Department of Labor determines that any conditions for exemption in paragraphs (a) through
(c) of this clause have not been met, the exemption shall be deemed inapplicable, and the contract shall
become subject to the Service Contract Act. In such case, the procedures at 29 CFR 4.123(e)(1)(iv) and
29 CFR 4.5(c) will be followed.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), in
subcontracts for exempt services under this contract.
52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE
CONTRACT ACT TO CONTRACTS FOR CERTAIN
SERVICES--REQUIREMENTS (FEB 2009)
(a) The services under this contract are offered and sold regularly to non-Governmental customers, and
are provided by the Contractor to the general public in substantial quantities in the course of normal
business operations.
(b) The contract services are furnished at prices that are, or are based on, established catalog or market
prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form
that is regularly maintained by the manufacturer or the Contractor, is either published or otherwise
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available for inspection by customers, and states prices at which sales currently, or were last, made to a
significant number of buyers constituting the general public. An "established market price" is a current
price, established in the usual course of ordinary and usual trade between buyers and sellers free to
bargain, which can be substantiated from sources independent of the manufacturer or Contractor.
(c) Each service employee who will perform the services under the contract will spend only a small
portion of his or her time (a monthly average of less than 20 percent of the available hours on an
annualized basis, or less than 20 percent of available hours during the contract period if the contract
period is less than a month) servicing the Government contract.
(d) The Contractor uses the same compensation (wage and fringe benefits) plan for all service
employees performing work under the contract as the Contractor uses for these employees and for
equivalent employees servicing commercial customers.
(e) (1) Except for services identified in FAR 22.1003-4(d)(1)(iv), the subcontractor for exempt
services shall be selected for award based on other factors in addition to price or cost with the
combination of other factors at least as important as price or cost; or
(2) A subcontract for exempt services shall be awarded on a sole source basis.
(f) The Contractor is responsible for compliance with all the conditions of this exemption by its
subcontractors. The Contractor shall determine in advance, based on the nature of the subcontract
requirements and knowledge of the practices of likely subcontractors, that all or nearly all likely
subcontractors will meet the conditions in paragraphs (a) through (d) of this clause. If the services are
currently being performed under a subcontract, the Contractor shall consider the practices of the
existing subcontractor in making a determination regarding the conditions in paragraphs (a) through (d)
of this clause. If the Contractor has reason to doubt the validity of the certification, the requirements of
the Service Contract Act shall be included in the subcontract.
(g) If the Department of Labor determines that any conditions for exemption at paragraphs (a) through
(e) of this clause have not been met, the exemption shall be deemed inapplicable, and the contract shall
become subject to the Service Contract Act. In such case, the procedures in at 29 CFR 4.123(e)(2)(iii)
and 29 CFR 4.5(c) will be followed.
(h) The Contractor shall include the substance of this clause, including this paragraph (h), in
subcontracts for exempt services under this contract.
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN
2009)
(a) Definitions. As used in this clause –
Commercially available off-the-shelf (COTS) item –
(1) Means any item of supply that is –
(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, without modification, in the same form in which it is
sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C.
App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), “bulk
cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a
loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal
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equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to
be bulk cargo.
Employee assigned to the contract means an employee who was hired after November 6, 1986, who is
directly performing work, in the United States, under a contract that is required to include the clause
prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if
the employee –
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies
or services for performance of a prime contract or a subcontract. It includes but is not limited to
purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or
for a prime Contractor or another subcontractor.
United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto
Rico, Guam, and the U.S. Virgin Islands.
(b)Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award,
the Contractor shall –
(i)Enroll.Enroll as a Federal Contractor in the E-Verify program within 30 calendar days
of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify
program, begin to use E-Verify to initiate verification of employment eligibility of all
new hires of the Contractor, who are working in the United States, whether or not
assigned to the contract, within 3 business days after the date of hire (but see paragraph
(b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the
contract, initiate verification within 90 calendar days after date of enrollment or within 30
calendar days of the employee's assignment to the contract, whichever date is later (but
see paragraph (b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the
Contractor shall use E-Verify to initiate verification of employment eligibility of –
(i)All new employees.
(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification
of all new hires of the Contractor, who are working in the United States, whether
or not assigned to the contract, within 3 business days after the date of hire (but
see paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment
as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all
new hires of the Contractor, who are working in the United States, whether or not
assigned to the contract, within 3 business days after the date of hire (but see
paragraph (b)(3) of this section); or
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(ii)Employees assigned to the contract. For each employee assigned to the contract, the
Contractor shall initiate verification within 90 calendar days after date of contract award
or within 30 days after assignment to the contract, whichever date is later (but see
paragraph (b)(4) of this section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State
or local government or the government of a Federally recognized Indian tribe; or a surety
performing under a takeover agreement entered into with a Federal agency pursuant to a
performance bond, the Contractor may choose to verify only employees assigned to the contract,
whether existing employees or new hires. The Contractor shall follow the applicable verification
requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new
employees applies only to new employees assigned to the contract.
(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify
all existing employees hired after November 6, 1986, rather than just those employees assigned to
the contract. The Contractor shall initiate verification for each existing employee working in the
United States who was hired after November 6, 1986, within 180 calendar days of –
(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this
option, using the contact information provided in the E-Verify program Memorandum of
Understanding (MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the
requirements of the E-Verify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security Administration
(SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in
accordance with the terms of the MOU. In such case, the Contractor will be referred to a
suspension or debarment official.
(ii) During the period between termination of the MOU and a decision by the suspension
or debarment official whether to suspend or debar, the Contractor is excused from its
obligations under paragraph (b) of this clause. If the suspension or debarment official
determines not to suspend or debar the Contractor, then the Contractor must reenroll in
E-Verify.
(c)Web site.Information on registration for and use of the E-Verify program can be obtained via the
Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
(d)Individuals previously verified. The Contractor is not required by this clause to perform additional
employment verification using E-Verify for any employee –
(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify
program;
(2) Who has been granted and holds an active U.S. Government security clearance for access to
confidential, secret, or top secret information in accordance with the National Industrial Security
Program Operating Manual; or
(3) Who has undergone a completed background investigation and been issued credentials
pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common
Identification Standard for Federal Employees and Contractors.
(e)Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph
(e) (appropriately modified for identification of the parties), in each subcontract that –
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(1) Is for –
(i) Commercial or noncommercial services (except for commercial services that are part
of the purchase of a COTS item (or an item that would be a COTS item, but for minor
modifications), performed by the COTS provider, and are normally provided for that
COTS item); or
(ii) Construction;
(2) Has a value of more than $3,000; and
(3) Includes work performed in the United States.
52.223-15 Energy Efficiency in Energy-Consuming Products (DEC
2007)
(a) Definition. As used in this clause--
Energy-efficient product--
(1) Means a product that--
(i) Meets Department of Energy and Environmental Protection Agency criteria for use of
the Energy Star trademark label; or
(ii) Is in the upper 25 percent of efficiency for all similar products as designated by the
Department of Energy's Federal Energy Management Program.
(2) The term "product'' does not include any energy-consuming product or system designed or
procured for combat or combat-related missions (42 U.S.C. 8259b).
(b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e.,
ENERGY STAR
®products or FEMP-designated products) at the time of contract award, for products
that are--
(1) Delivered;
(2) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(3) Furnished by the Contractor for use by the Government; or
(4) Specified in the design of a building or work, or incorporated during its construction,
renovation, or maintenance.
(c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless--
(1) The energy-consuming product is not listed in the ENERGY STAR
®Program or FEMP; or
(2) Otherwise approved in writing by the Contracting Officer.
(d) Information about these products is available for--
(1) ENERGY STAR
®at http://www.energystar.gov/products; and
(2) FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html
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52.223-16 IEEE 1680 STANDARD FOR THE ENVIRONMENTAL
ASSESSMENT OF PERSONAL COMPUTER PRODUCTS (DEC
2007)
(a) Definitions. As used in this clause--
Computer monitor means a video display unit used with a computer.
Desktop computer means a computer designed for use on a desk or table.
Notebook computer means a portable-style or laptop-style computer system.
Personal computer product means a notebook computer, a desktop computer, or a computer monitor,
and any peripheral equipment that is integral to the operation of such items. For example, the desktop
computer together with the keyboard, the mouse, and the power cord would be a personal computer
product. Printers, copiers, and fax machines are not included in peripheral equipment, as used in this
definition.
(b) Under this contract, the Contractor shall deliver, furnish for Government use, or furnish for
contractor use at a Government- owned facility, only personal computer products that at the time of
submission of proposals were EPEAT Bronze registered or higher. Bronze is the first level discussed in
clause 1.4 of the IEEE 1680 Standard for the Environmental Assessment of Personal Computer
Products.
(c) For information about the standard, see http://www.epeat.net.
52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)
The Contractor will be required to design, develop, or operate a system of records on individuals, to
accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974
(5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of
criminal penalties.
52.224-2 PRIVACY ACT (APR 1984)
(a) The Contractor agrees to—
(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued
under the Act in the design, development, or operation of any system of records on individuals to
accomplish an agency function when the contract specifically identifies—
(i) The systems of records; and
(ii) The design, development, or operation work that the Contractor is to perform;
(2) Include the Privacy Act notification contained in this contract in every solicitation and
resulting subcontract and in every subcontract awarded without a solicitation, when the work
statement in the proposed subcontract requires the redesign, development, or operation of a
system of records on individuals that is subject to the Act; and
(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this
contract which requires the design, development, or operation of such a system of records.
(b) In the event of violations of the Act, a civil action may be brought against the agency involved when
the violation concerns the design, development, or operation of a system of records on individuals to
accomplish an agency function, and criminal penalties may be imposed upon the officers or employees
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of the agency when the violation concerns the operation of a system of records on individuals to
accomplish an agency function. For purposes of the Act, when the contract is for the operation of a
system of records on individuals to accomplish an agency function, the Contractor is considered to be
an employee of the agency.
(c) (1) "Operation of a system of records," as used in this clause, means performance of any of
the activities associated with maintaining the system of records, including the collection, use, and
dissemination of records.
(2) "Record," as used in this clause, means any item, collection, or grouping of information about
an individual that is maintained by an agency, including, but not limited to, education, financial
transactions, medical history, and criminal or employment history and that contains the person's
name, or the identifying number, symbol, or other identifying particular assigned to the
individual, such as a fingerprint or voiceprint or a photograph.
(3) "System of records on individuals," as used in this clause, means a group of any records under
the control of any agency from which information is retrieved by the name of the individual or by
some identifying number, symbol, or other identifying particular assigned to the individual.
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
(JUN 2008)
(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the
Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or
services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s
implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to
the jurisdiction of the United States.
(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited,
as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of
entities and individuals subject to economic sanctions are included in OFAC’s List of Specially
Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More
information about these restrictions, as well as updates, is available in the OFAC’s regulations at 31
CFR chapter V and/or on OFAC’s Web site at http://www.treas.gov/offices/enforcement/ofac.
(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.
52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007)
(a) Definitions. As used in this clause--
Computer database or database means a collection of recorded information in a form capable of, and for
the purpose of, being stored in, processed, and operated on by a computer. The term does not include
computer software.
Computer software--
(1) Means
(i) Computer programs that comprise a series of instructions, rules, routines, or
statements, regardless of the media in which recorded, that allow or cause a computer to
perform a specific operation or series of operations; and
(ii) Recorded information comprising source code listings, design details, algorithms,
processes, flow charts, formulas, and related material that would enable the computer
program to be produced, created, or compiled.
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(2) Does not include computer databases or computer software documentation.
Computer software documentation means owner's manuals, user's manuals, installation instructions,
operating instructions, and other similar items, regardless of storage medium, that explain the
capabilities of the computer software or provide instructions for using the software.
Data means recorded information, regardless of form or the media on which it may be recorded. The
term includes technical data and computer software. The term does not include information incidental
to contract administration, such as financial, administrative, cost or pricing, or management
information.
Form, fit, and function data means data relating to items, components, or processes that are sufficient to
enable physical and functional interchangeability, and data identifying source, size, configuration,
mating and attachment characteristics, functional characteristics, and performance requirements. For
computer software it means data identifying source, functional characteristics, and performance
requirements but specifically excludes the source code, algorithms, processes, formulas, and flow charts
of the software.
Limited rights means the rights of the Government in limited rights data as set forth in the Limited
Rights Notice of paragraph (g)(3) if included in this clause.
Limited rights data means data, other than computer software, that embody trade secrets or are
commercial or financial and confidential or privileged, to the extent that such data pertain to items,
components, or processes developed at private expense, including minor modifications.
Restricted computer software means computer software developed at private expense and that is a trade
secret, is commercial or financial and confidential or privileged, or is copyrighted computer software,
including minor modifications of the computer software.
Restricted rights, as used in this clause, means the rights of the Government in restricted computer
software, as set forth in a Restricted Rights Notice of paragraph (g) if included in this clause, or as
otherwise may be provided in a collateral agreement incorporated in and made part of this contract,
including minor modifications of such computer software.
Technical data, means recorded information (regardless of the form or method of the recording) of a
scientific or technical nature (including computer databases and computer software documentation).
This term does not include computer software or financial, administrative, cost or pricing, or
management data or other information incidental to contract administration. The term includes recorded
information of a scientific or technical nature that is included in computer databases (See 41 U.S.C.
403(8)).
Unlimited rights means the rights of the Government to use, disclose, reproduce, prepare derivative
works, distribute copies to the public, and perform publicly and display publicly, in any manner and for
any purpose, and to have or permit others to do so.
(b) Allocation of rights.
(1) Except as provided in paragraph (c) of this clause, the Government shall have unlimited rights
in--
(i) Data first produced in the performance of this contract;
(ii) Form, fit, and function data delivered under this contract;
(iii) Data delivered under this contract (except for restricted computer software) that
constitute manuals or instructional and training material for installation, operation, or
routine maintenance and repair of items, components, or processes delivered or furnished
for use under this contract; and
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(iv) All other data delivered under this contract unless provided otherwise for limited
rights data or restricted computer software in accordance with paragraph (g) of this
clause.
(2) The Contractor shall have the right to--
(i) Assert copyright in data first produced in the performance of this contract to the extent
provided in paragraph (c)(1) of this clause;
(ii) Use, release to others, reproduce, distribute, or publish any data first produced or
specifically used by the Contractor in the performance of this contract, unless provided
otherwise in paragraph (d) of this clause;
(iii) Substantiate the use of, add, or correct limited rights, restricted rights, or copyright
notices and to take other appropriate action, in accordance with paragraphs (e) and (f) of
this clause; and
(iv) Protect from unauthorized disclosure and use those data that are limited rights data or
restricted computer software to the extent provided in paragraph (g) of this clause.
(c) Copyright--
(1) Data first produced in the performance of this contract.
(i) Unless provided otherwise in paragraph (d) of this clause, the Contractor may, without
prior approval of the Contracting Officer, assert copyright in scientific and technical
articles based on or containing data first produced in the performance of this contract and
published in academic, technical or professional journals, symposia proceedings, or
similar works. The prior, express written permission of the Contracting Officer is
required to assert copyright in all other data first produced in the performance of this
contract.
(ii) When authorized to assert copyright to the data, the Contractor shall affix the
applicable copyright notices of 17 U.S.C. 401 or 402, and an acknowledgment of
Government sponsorship (including contract number).
(iii) For data other than computer software, the Contractor grants to the Government, and
others acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in
such copyrighted data to reproduce, prepare derivative works, distribute copies to the
public, and perform publicly and display publicly by or on behalf of the Government. For
computer software, the Contractor grants to the Government, and others acting on its
behalf, a paid-up, nonexclusive, irrevocable, worldwide license in such copyrighted
computer software to reproduce, prepare derivative works, and perform publicly and
display publicly (but not to distribute copies to the public) by or on behalf of the
Government.
(2) Data not first produced in the performance of this contract. The Contractor shall not, without
the prior written permission of the Contracting Officer, incorporate in data delivered under this
contract any data not first produced in the performance of this contract unless the Contractor--
(i) Identifies the data; and
(ii) Grants to the Government, or acquires on its behalf, a license of the same scope as set
forth in paragraph (c)(1) of this clause or, if such data are restricted computer software,
the Government shall acquire a copyright license as set forth in paragraph (g)(4) of this
clause (if included in this contract) or as otherwise provided in a collateral agreement
incorporated in or made part of this contract.
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(3) Removal of copyright notices. The Government will not remove any authorized copyright
notices placed on data pursuant to this paragraph (c), and will include such notices on all
reproductions of the data.
(d) Release, publication, and use of data. The Contractor shall have the right to use, release to others,
reproduce, distribute, or publish any data first produced or specifically used by the Contractor in the
performance of this contract, except--
(1) As prohibited by Federal law or regulation (e.g., export control or national security laws or
regulations);
(2) As expressly set forth in this contract; or
(3) If the Contractor receives or is given access to data necessary for the performance of this
contract that contain restrictive markings, the Contractor shall treat the data in accordance with
such markings unless specifically authorized otherwise in writing by the Contracting Officer.
(e) Unauthorized marking of data.
(1) Notwithstanding any other provisions of this contract concerning inspection or acceptance, if
any data delivered under this contract are marked with the notices specified in paragraph (g) (3)
or (g) (4) if included in this clause, and use of the notices is not authorized by this clause, or if the
data bears any other restrictive or limiting markings not authorized by this contract, the
Contracting Officer may at any time either return the data to the Contractor, or cancel or ignore
the markings. However, pursuant to 41 U.S.C. 253d, the following procedures shall apply prior to
canceling or ignoring the markings.
(i) The Contracting Officer will make written inquiry to the Contractor affording the
Contractor 60 days from receipt of the inquiry to provide written justification to
substantiate the propriety of the markings;
(ii) If the Contractor fails to respond or fails to provide written justification to substantiate
the propriety of the markings within the 60-day period (or a longer time approved in
writing by the Contracting Officer for good cause shown), the Government shall have the
right to cancel or ignore the markings at any time after said period and the data will no
longer be made subject to any disclosure prohibitions.
(iii) If the Contractor provides written justification to substantiate the propriety of the
markings within the period set in paragraph (e)(1)(i) of this clause, the Contracting
Officer will consider such written justification and determine whether or not the markings
are to be cancelled or ignored. If the Contracting Officer determines that the markings are
authorized, the Contractor will be so notified in writing. If the Contracting Officer
determines, with concurrence of the head of the contracting activity, that the markings are
not authorized, the Contracting Officer will furnish the Contractor a written
determination, which determination will become the final agency decision regarding the
appropriateness of the markings unless the Contractor files suit in a court of competent
jurisdiction within 90 days of receipt of the Contracting Officer's decision. The
Government will continue to abide by the markings under this paragraph (e)(1)(iii) until
final resolution of the matter either by the Contracting Officer's determination becoming
final (in which instance the Government will thereafter have the right to cancel or ignore
the markings at any time and the data will no longer be made subject to any disclosure
prohibitions), or by final disposition of the matter by court decision if suit is filed.
(2) The time limits in the procedures set forth in paragraph (e)(1) of this clause may be modified
in accordance with agency regulations implementing the Freedom of Information Act (5 U.S.C.
552) if necessary to respond to a request thereunder.
(3) Except to the extent the Government's action occurs as the result of final disposition of the
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matter by a court of competent jurisdiction, the Contractor is not precluded by paragraph (e) of
the clause from bringing a claim, in accordance with the Disputes clause of this contract, that may
arise as the result of the Government removing or ignoring authorized markings on data delivered
under this contract.
(f) Omitted or incorrect markings.
(1) Data delivered to the Government without any restrictive markings shall be deemed to have
been furnished with unlimited rights. The Government is not liable for the disclosure, use, or
reproduction of such data.
(2) If the unmarked data has not been disclosed without restriction outside the Government, the
Contractor may request, within 6 months (or a longer time approved by the Contracting Officer in
writing for good cause shown) after delivery of the data, permission to have authorized notices
placed on the data at the Contractor's expense. The Contracting Officer may agree to do so if the
Contractor--
(i) Identifies the data to which the omitted notice is to be applied;
(ii) Demonstrates that the omission of the notice was inadvertent;
(iii) Establishes that the proposed notice is authorized; and
(iv) Acknowledges that the Government has no liability for the disclosure, use, or
reproduction of any data made prior to the addition of the notice or resulting from the
omission of the notice.
(3) If data has been marked with an incorrect notice, the Contracting Officer may--
(i) Permit correction of the notice at the Contractor's expense if the Contractor identifies
the data and demonstrates that the correct notice is authorized; or
(ii) Correct any incorrect notices.
(g) Protection of limited rights data and restricted computer software.
(1) The Contractor may withhold from delivery qualifying limited rights data or restricted
computer software that are not data identified in paragraphs (b)(1)(i), (ii), and (iii) of this clause.
As a condition to this withholding, the Contractor shall--
(i) Identify the data being withheld; and
(ii) Furnish form, fit, and function data instead.
(2) Limited rights data that are formatted as a computer database for delivery to the Government
shall be treated as limited rights data and not restricted computer software.
(3) [Reserved]
(h) Subcontracting. The Contractor shall obtain from its subcontractors all data and rights therein
necessary to fulfill the Contractor's obligations to the Government under this contract. If a
subcontractor refuses to accept terms affording the Government those rights, the Contractor shall
promptly notify the Contracting Officer of the refusal and shall not proceed with the subcontract award
without authorization in writing from the Contracting Officer.
(i) Relationship to patents or other rights. Nothing contained in this clause shall imply a license to the
Government under any patent or be construed as affecting the scope of any license or other right
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otherwise granted to the Government.
52.228-5 INSURANCE—WORK ON A GOVERNMENT
INSTALLATION (JAN 1997)
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this
contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in
the contract.
(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in
writing that the required insurance has been obtained. The policies evidencing required insurance shall
contain an endorsement to the effect that any cancellation or any material change adversely affecting
the Government's interest shall not be effective—
(1) For such period as the laws of the State in which this contract is to be performed prescribe; or
(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting
Officer, whichever period is longer.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts
under this contract that require work on a Government installation and shall require subcontractors to
provide and maintain the insurance required in the Schedule or elsewhere in the contract. The
Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make
copies available to the Contracting Officer upon request.
52.229-1 STATE AND LOCAL TAXES (APR 1984) (DEVIATION I
–MAY 2003)
Notwithstanding the terms of the Federal, State, and Local Taxes clause, the contract price excludes all State
and local taxes levied on or measured by the contract or sales price of the services or completed supplies
furnished under this contract. The Contractor shall state separately on its invoices taxes excluded from the
contract price, and the ordering activity agrees either to pay the amount of the taxes to the Contractor or
provide evidence necessary to sustain an exemption.
52.229-3 Federal, State, AND LOCAL Taxes (APR 2003)
(DEVIATION – FEB 2007)
(a) As used in this clause—
“After-imposed Federal tax” means any new or increased Federal excise tax or duty, or tax that was
exempted or excluded on the contract date but whose exemption was later revoked or reduced during
the contract period, 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. It does not include social security tax or other employment taxes.
“After-relieved Federal tax” means any amount of Federal excise tax or duty, except social security or
other employment taxes, that would otherwise have been payable on the transactions or property
covered by this contract, but which the Contractor is not required to pay or bear, or for which the
Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action
taking effect after the contract date.
“All applicable Federal, State, and local taxes and duties” 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.
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“Contract date” means the date set for bid opening or, if this is a negotiated contract or a modification,
the effective date of this contract or modification.
“Local taxes” includes taxes imposed by a possession or territory of the United States, Puerto Rico, or
the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas.
(b) 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 Federal tax, provided the
Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate
increase was included in the contract price, as a contingency reserve or otherwise.
(d) The contract price shall be decreased by the amount of any after-relieved Federal tax.
(e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social
security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a
refund of, through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting
Officer.
(f) No adjustment shall be made in the contract price under this clause unless the amount of the
adjustment exceeds $250.
(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal
excise tax or duty 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.
(h) The ordering activity shall, without liability, furnish evidence appropriate to establish exemption
from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis
exists to sustain the exemption.
52.232-17 INTEREST (JUN 1996) (DEVIATION – MAY 2003)
(a) Except as otherwise provided in this contract under a Price Reduction for Defective Cost or Pricing
Data clause or a Cost Accounting Standards clause, all amounts that become payable by the Contractor
to the ordering activity 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:
(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 ordering activity 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
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32.614-2 of the Federal Acquisition Regulation in effect on the date of this contract.
52.232-33 PAYMENT BY ELECTRONIC FUNDS
TRANSFER—CENTRAL CONTRACTOR REGISTRATION
(OCT 2003)
(a) Method of payment.
(1) All payments by the Government under this contract shall be made by electronic funds
transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the
term "EFT" refers to the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the
Contractor agrees to either—
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend the payment due date until such time as the
Government can make payment by EFT (but see paragraph (d) of this clause).
(b) Contractor's EFT information. The Government shall make payment to the Contractor using the
EFT information contained in the Central Contractor Registration (CCR) database. In the event that the
EFT information changes, the Contractor shall be responsible for providing the updated information to
the CCR database.
(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the
Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing
House Association, or the Fedwire Transfer System. The rules governing Federal payments through the
ACH are contained in 31 CFR part 210.
(d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then
the Government need not make payment to the Contractor under this contract until correct EFT
information is entered into the CCR database; and any invoice or contract financing request shall be
deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt
payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest
penalties apply.
(e) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's
EFT information incorrectly, the Government remains responsible for—
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was
incorrect, or was revised within 30 days of Government release of the EFT payment transaction
instruction to the Federal Reserve System, and—
(i) If the funds are no longer under the control of the payment office, the Government is
deemed to have made payment and the Contractor is responsible for recovery of any
erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not
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make payment, and the provisions of paragraph (d) of this clause shall apply.
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in
accordance with the prompt payment terms of this contract if, in the EFT payment transaction
instruction released to the Federal Reserve System, the date specified for settlement of the payment is
on or before the prompt payment due date, provided the specified payment date is a valid date under the
rules of the Federal Reserve System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided
for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any
such assignment, that the assignee shall register separately in the CCR database and shall be paid by
EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this
contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly
recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the
requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that
shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper
assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of
paragraph (d) of this clause.
(h) Liability for change of EFT information by financial agent. The Government is not liable for errors
resulting from changes to EFT information made by the Contractor's financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available
payment information that is suitable for transmission as of the date of release of the EFT instruction to
the Federal Reserve System. The Government may request the Contractor to designate a desired format
and method(s) for delivery of payment information from a list of formats and methods the payment
office is capable of executing. However, the Government does not guarantee that any particular format
or method of delivery is available at any particular payment office and retains the latitude to use the
format and delivery method most convenient to the Government. If the Government makes payment by
check in accordance with paragraph (a) of this clause, the Government shall mail the payment
information to the remittance address contained in the CCR database.
52.232-34 Payment by Electronic Funds Transfer—Other than Central
Contractor Registration (MAY 1999) (DEVIATION – FEB 2007)
(a) Method of payment.
(1) All payments by the ordering activity under this contract shall be made by electronic funds
transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the
term “EFT” refers to the funds transfer and may also include the payment information transfer.
(2) In the event the ordering activity is unable to release one or more payments by EFT, the
Contractor agrees to either—
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the ordering activity to extend payment due dates until such time as the
ordering activity makes payment by EFT (but see paragraph (d) of this clause).
(b) Mandatory submission of Contractor's EFT information.
(1) The Contractor is required to provide the ordering activity with the information required to
make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this
information directly to the office designated in this contract to receive that information (hereafter:
“designated office”) by (to be determined by the ordering activity). If not otherwise specified in
this contract, the payment office is the designated office for receipt of the Contractor’s EFT
information. If more than one designated office is named for the contract, the Contractor shall
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provide a separate notice to each office. In the event that the EFT information changes, the
Contractor shall be responsible for providing the updated information to the designated office(s).
(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor
shall specifically state the applicability of this EFT information in terms acceptable to the
designated office. However, EFT information supplied to a designated office shall be applicable
only to contracts that identify that designated office as the office to receive EFT information for
that contract.
(c) Mechanisms for EFT payment. The ordering activity may make payment by EFT through either the
Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing
House Association, or the Fedwire Transfer System. The rules governing Federal payments through the
ACH are contained in 31 CFR Part 210.
(d) Suspension of payment.
(1) The ordering activity is not required to make any payment under this contract until after
receipt, by the designated office, of the correct EFT payment information from the Contractor.
Until receipt of the correct EFT information, any invoice or contract financing request shall be
deemed not to be a proper invoice for the purpose of prompt payment under this contract. The
prompt payment terms of the contract regarding notice of an improper invoice and delays in
accrual of interest penalties apply.
(2) If the EFT information changes after submission of correct EFT information, the ordering
activity shall begin using the changed EFT information no later than 30 days after its receipt by
the designated office to the extent payment is made by EFT. However, the Contractor may
request that no further payments be made until the updated EFT information is implemented by
the payment office. If such suspension would result in a late payment under the prompt payment
terms of this contract, the Contractor’s request for suspension shall extend the due date for
payment by the number of days of the suspension.
(e) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the ordering activity used the
Contractor’s EFT information incorrectly, the ordering activity remains responsible for—
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor’s EFT information was
incorrect, or was revised within 30 days of ordering activity release of the EFT payment
transaction instruction to the Federal Reserve System, and—
(i) If the funds are no longer under the control of the payment office, the ordering activity
is deemed to have made payment and the Contractor is responsible for recovery of any
erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the ordering activity shall
not make payment and the provisions of paragraph (d) shall apply.
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in
accordance with the prompt payment terms of this contract if, in the EFT payment transaction
instruction released to the Federal Reserve System, the date specified for settlement of the payment is
on or before the prompt payment due date, provided the specified payment date is a valid date under the
rules of the Federal Reserve System.
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(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided
for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any
such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this
clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In
all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT
information that shows the ultimate recipient of the transfer to be other than the Contractor, in the
absence of a proper assignment of claims acceptable to the ordering activity, is incorrect EFT
information within the meaning of paragraph (d) of this clause.
(h) Liability for change of EFT information by financial agent. The ordering activity is not liable for
errors resulting from changes to EFT information provided by the Contractor’s financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available
payment information that is suitable for transmission as of the date of release of the EFT instruction to
the Federal Reserve System. The ordering activity may request the Contractor to designate a desired
format and method(s) for delivery of payment information from a list of formats and methods the
payment office is capable of executing. However, the ordering activity does not guarantee that any
particular format or method of delivery is available at any particular payment office and retains the
latitude to use the format and delivery method most convenient to the ordering activity. If the ordering
activity makes payment by check in accordance with paragraph (a) of this clause, the ordering activity
shall mail the payment information to the remittance address in the contract.
(j) EFT information. The Contractor shall provide the following information to the designated office.
The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause).
The Contractor shall designate a single financial agent per contract capable of receiving and processing
the EFT information using the EFT methods described in paragraph (c) of this clause.
(1) The contract number (or other procurement identification number).
(2) The Contractor’s name and remittance address, as stated in the contract(s).
(3) The signature (manual or electronic, as appropriate), title, and telephone number of the
Contractor official authorized to provide this information.
(4) The name, address, and 9-digit Routing Transit Number of the Contractor’s financial agent.
(5) The Contractor’s account number and the type of account (checking, saving, or lockbox).
(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor’s
financial agent.
(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation,
and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire
transfer payment if the Contractor’s financial agent is not directly on-line to the Fedwire Transfer
System; and, therefore, not the receiver of the wire transfer payment.
52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999)
This contract or agreement provides for payments to the Contractor through several alternative methods. The
applicability of specific methods of payment and the designation of the payment office(s) are either stated—
(a) Elsewhere in this contract or agreement; or
(b) In individual orders placed under this contract or agreement.
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52.233-1 DISPUTES (JUL 2002)
(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).
(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved
under this clause.
(c) "Claim," as used in this clause, means a written demand or written assertion by one of the
contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment
or interpretation of contract terms, or other relief arising under or relating to this contract. However, a
written demand or written assertion by the Contractor seeking the payment of money exceeding
$100,000 is not a claim under the Act until certified. 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, unless otherwise stated in this
contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a
written decision. A claim by the Government against the Contractor shall be subject to a written
decision by the Contracting Officer.
(2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of
this clause when submitting any claim exceeding $100,000.
(ii) The certification requirement does not apply to issues in controversy that have not
been submitted as all or part of a claim.
(iii) The certification shall state as follows: "I certify that the claim is made in good faith;
that the supporting data are accurate and complete to the best of my knowledge and
belief; that the amount requested accurately reflects the contract adjustment for which the
Contractor believes the Government is liable; and that I am duly authorized to certify the
claim on behalf of the Contractor."
(3) The certification may be executed by any person duly authorized to bind the Contractor with
respect to the claim.
(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) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government
is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute
resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the
Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the
Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise
would be due, if that date is later, until the date of payment. With regard to claims having defective
certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer
initially receives the claim. 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.
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(i) 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.
52.233-3 PROTEST AFTER AWARD (AUG 1996)
(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is
likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the
Contractor to stop performance of the work called for by this contract. The order shall be specifically
identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall
immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs
allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final
decision in the protest, the Contracting Officer shall either—
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for
Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the
protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment
in the delivery schedule or contract price, or both, and the contract shall be modified, in writing,
accordingly, if—
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost
properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of
work stoppage;provided, that if the Contracting Officer decides the facts justify the action, the
Contracting Officer may receive and act upon the request at any time before final payment under
this contract.
(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) If a stop-work order is not canceled and the work covered by the order is terminated for default, the
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 anytime are not affected by action taken under
this clause.
(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or
miscertification, a protest related to this contract is sustained, and the Government pays costs, as
provided in FAR 33.102(b)(2), or 33.104(h)(1), the Government may require the Contractor to
reimburse the Government the amount of such costs. In addition to any other remedy available, and
pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the
amount against any payment due the Contractor under any contract between the Contractor and the
Government.
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT
CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
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52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,
EQUIPMENT, 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 directs. If the Contractor fails or refuses to make such repair or replacement, the
Contractor shall be liable for the cost, which may be deducted from the contract price.
52.237-3 CONTINUITY OF SERVICES (JAN 1991) (DEVIATION –
MAY 2003)
(a) The Contractor recognizes that the services under this contract are vital to the ordering activity and
must be continued without interruption and that, upon contract expiration, a successor, either the
ordering activity or another contractor, may continue them. The Contractor agrees to-
(1) Furnish phase-in training; and
(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a
successor.
(b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out
services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a
successor to determine the nature and extent of phase-in, phase-out services required. The plan shall
specify a training program and a date for transferring responsibilities for each division of work
described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall
provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the
services called for by this contract are maintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the
successor maintain the continuity and consistency of the services required by this contract. The
Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site
interviews with these employees. If selected employees are agreeable to the change, the Contractor
shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to
the successor.
(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred
within the agreed period after contract expiration that result from phase-in, phase-out operations) and a
fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.
52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)
(a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written
consent, the details of any safeguards either designed or developed by the Contractor under this contract
or otherwise provided by the Government.
(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards
to the security, integrity, and confidentiality of Government data, the Contractor shall afford the
Government access to the Contractor's facilities, installations, technical capabilities, operations,
documentation, records, and databases.
(c) If new or unanticipated threats or hazards are discovered by either the Government or the
Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the
situation to the attention of the other party.
52.242-13 BANKRUPTCY (JUL 1995)
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In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary,
the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract,
written notification of the bankruptcy to the Contracting Officer responsible for administering the contract.
This notification shall be furnished within five days of the initiation of the proceedings relating to bankruptcy
filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the
court in which the bankruptcy petition was filed, and a listing of Government contract numbers and
contracting offices for all Government contracts against which final payment has not been made. This
obligation remains in effect until final payment under this contract.
52.242-15 STOP-WORK ORDER (AUG 1989)
The “90-day” period stated in the clause may be reduced to less than 90 days.
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor
to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is
delivered to the Contractor, and for any further period to which the parties may agree. 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.
Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of
that period to which the parties shall have agreed, 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 or the period of the order or any extension
thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable
adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in
writing, accordingly, if—
(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost
properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the 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 the claim submitted at any time before final
payment under this contract.
(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) If a stop-work order is not canceled and the work covered by the order is terminated for default, the
Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from
the stop-work order.
52.247-34 F.O.B. DESTINATION (NOV 1991) (DEVIATION – MAY
2003)
(a) The term "f.o.b. destination," as used in this clause, means—
(1) Free of expense to the ordering activity, on board the carrier's conveyance, at a specified
delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to
which shipment can be made) is located; and
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(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city
and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of
the Contractor. The ordering activity shall not be liable for any delivery, storage, demurrage,
accessorial, or other charges involved before the actual delivery (or "constructive placement" as
defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an
act or order of the ordering activity acting in its contractual capacity. If rail carrier is used,
supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier
(including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading
platform of the consignee, except when the supplies delivered meet the requirements of Item 568
of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting
the requirements of the referenced Item 568 are delivered, unloading (including movement to the
tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested.
If the Contractor uses rail carrier or freight forwarder for less than carload shipments, the
Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to
truck is required to complete delivery to consignee.
(b) The Contractor shall—
(1) (i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment in conformance with carrier
requirements;
(2) Prepare and distribute commercial bills of lading;
(3) Deliver the shipment in good order and condition to the point of delivery specified in the
contract;
(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the
shipment by the consignee at the delivery point specified in the contract;
(5) Furnish a delivery schedule and designate the mode of delivering carrier; and
(6) Pay and bear all charges to the specified point of delivery.
52.247-38 F.o.b. Inland Carrier, Point of Exportation (FEB 2006)
(DEVIATION – FEB 2007)
(a) The term “f.o.b. inland carrier, point of exportation,” as used in this clause, means free of expense to
the ordering activity, on board the conveyance of the inland carrier, delivered to the specified point of
exportation.
(b) The Contractor shall—
(1) (i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment for ocean transportation in
conformance with carrier requirements to protect the goods and to ensure assessment of
the lowest applicable transportation charge;
(2) Prepare and distribute commercial bills of lading or other transportation receipt;
(3) (i) Deliver the shipment in good order and condition in or on the conveyance of the
carrier on the date or within the period specified; and
(ii) Pay and bear all applicable charges, including transportation costs, to the point of
delivery specified in the contract;
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(4) Be responsible for any loss of and/or damage to the goods occurring before delivery of the
shipment to the point of delivery in the contract; and
(5) At the ordering activity’s request and expense, assist in obtaining the documents required
for—
(i) Exportation; or
(ii) Importation at destination.
52.247-39 F.O.B. INLAND POINT, COUNTRY OF IMPORTATION
(APR 1984)
(a) The term "f.o.b. inland point, country of importation," as used in this clause, means free of expense
to the Government, on board the indicated type of conveyance of the carrier, delivered to the specified
inland point where the consignee's facility is located.
(b) The Contractor shall—
(1) (i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment for ocean transportation in
conformance with carrier requirements to protect the goods;
(2) (i) Deliver, in or on the inland carrier's conveyance, the shipment in good order and
condition to the specified inland point where the consignee's facility is located; and
(ii) Pay and bear all applicable charges incurred up to the point of delivery, including
transportation costs; export, import, or other fees or taxes; costs of landing; wharfage
costs; customs duties and costs of certificates of origin; consular invoices; and other
documents that may be required for importation; and
(3) Be responsible for any loss of and/or damage to the goods until their arrival on or in the
carrier's conveyance at the specified inland point.
52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG
COMMERCIAL VESSELS (FEB 2006) (ALTERNATE I—APR 2003)
(a) Except as provided in paragraph (b) and (e) of this clause, the Contractor shall use privately owned
U.S.-flag commercial vessels, and no others, in the ocean transportation of any supplies to be furnished
under this contract.
(b) If such vessels are not available for timely shipment at rates that are fair and reasonable for privately
owned U.S.-flag commercial vessels, the Contractor shall notify the Contracting Officer and request
(1) authorization to ship in foreign-flag commercial vessels, or (2) designation of available U.S.-flag
vessels. If the Contractor is authorized in writing by the Contracting Officer to ship the supplies in
foreign-flag vessels, the contract price shall be equitably adjusted to reflect the difference in costs of
shipping the supplies in privately owned U.S.-flag commercial vessels and in foreign flag vessels.
(c) (1) The Contractor shall submit one legible copy of a rated on-board ocean bill of lading for
each shipment to both (i) the Contracting Officer and (ii) the Office of Cargo Preference,
Maritime Administration (MAR-590), 400 Seventh Street, SW, Washington, DC 20590.
Subcontractor bills of lading shall be submitted through the Prime Contractor.
(2) The Contractor shall furnish these bill of lading copies (i) within 20 working days of the date
of loading for shipments originating in the United States, or (ii) within 30 working days for
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shipments originating outside the United States. Each bill of lading copy shall contain the
following information:
(A) Sponsoring U.S. Government agency.
(B) Name of vessel.
(C) Vessel flag of registry.
(D) Date of loading.
(E) Port of loading.
(F) Port of final discharge.
(G) Description of commodity.
(H) Gross weight in pounds and cubic feet if available.
(I) Total ocean freight revenue in U.S. dollars.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all
subcontracts or purchase orders under this contract.
(e) The requirement in paragraph (a) does not apply to—
(1) Cargoes carried in vessels as required or authorized by law or treaty;
(2) Ocean transportation between foreign countries of supplies purchased with foreign currencies
made available, or derived from funds that are made available, under the Foreign Assistance Act
of 1961 (22 U.S.C. 2353); and
(3) Shipments of classified supplies when the classification prohibits the use of non-Government
vessels.
(f) Guidance regarding fair and reasonable rates for privately owned U.S.-flag commercial vessels may
be obtained from the Office of Costs and Rates, Maritime Administration , 400 Seventh Street, SW,
Washington, DC 20590, Phone: 202-366-4610.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were
given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text
of a clause may be accessed electronically at this/these address(es):
For contract clauses which are contained in the Federal Acquisition Regulation (FAR) the address
is http://acquisition.gov/far/.
Number Title Clause/Provision
52.202-1 DEFINITIONS (JUL 2004)Clause
52.203-3 GRATUITIES (APR 1984)Clause
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER
(AUG 2000)
Clause
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR Clause
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PERSONNEL (SEP 2007)
52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995) Clause
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS
(MAR 2009) (DEVIATION I - FEB 2007)
Clause
52.212-4 CONTRACT TERMS AND CONDITION--COMMERCIAL ITEMS
(MAR 2009) (ALTERNATE I - OCT 2008) (DEVIATION I - FEB
2007)
Clause
52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR
INFORMATION OTHER THAN COST OR PRICING
DATA--MODIFICATIONS (OCT 1997) (ALTERNATE IV - OCT
1997)
Clause
52.216-18 ORDERING (OCT 1995) (DEVIATION II - FEB 2007) Clause
52.216-19 ORDER LIMITATIONS (OCT 1995) (DEVIATION II - FEB 2007) Clause
52.216-22 INDEFINITE QUANTITY (OCT 1995) (DEVIATION I - JAN 1994) Clause
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB
1997)
Clause
52.224-1 PRIVACY ACT NOTIFICATION (APR 1984) Clause
52.224-2 PRIVACY ACT (APR 1984)Clause
52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007) Clause
52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN
1997)
Clause
52.229-1 STATE AND LOCAL TAXES (APR 1984) (DEVIATION I - MAY
2003)
Clause
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (APR 2003)
(DEVIATION I - FEB 2007)
Clause
52.232-17 INTEREST (JUN 1996) (DEVIATION I - MAY 2003) Clause
52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN
CENTRAL CONTRACTOR REGISTRATION (MAY 1999)
(DEVIATION I - FEB 2007)
Clause
52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999) Clause
52.233-1 DISPUTES (JUL 2002)Clause
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT,
AND VEGETATION (APR 1984)
Clause
52.237-3 CONTINUITY OF SERVICES (JAN 1991) (DEVIATION I - MAY
2003)
Clause
52.242-13 BANKRUPTCY (JUL 1995)Clause
52.242-15 STOP-WORK ORDER (AUG 1989) Clause
52.247-34 F.O.B. DESTINATION (NOV 1991) (DEVIATION I - MAY 2003) Clause
52.247-38 F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006)
(DEVIATION I - FEB 2007)
Clause
52.247-39 F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR
1984)
Clause
552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996)
(ALTERNATE I - MAY 2003)
Clause
552.211-77 PACKING LIST (FEB 1996) (ALTERNATE I - MAY 2003) Clause
552.212-70 PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE)
(AUG 1997)
Clause
552.229-71 FEDERAL EXCISE TAX--DC GOVERNMENT (SEP 1999) Clause
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552.232-74 INVOICE PAYMENTS (SEP 1999) Clause
552.232-79 PAYMENT BY CREDIT CARD (MAY 2003) Clause
552.232-81 PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (MAY
2003)
Clause
552.232-83 CONTRACTOR'S BILLING RESPONSIBILITIES (MAY 2003) Clause
552.238-73 CANCELLATION (SEP 1999)Clause
552.238-77 DEFINITION (FEDERAL SUPPLY SCHEDULES) (MAY 2003) Clause
552.238-79 USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY
CERTAIN ENTITIES--COOPERATIVE PURCHASING (MAY 2004)
Clause
552.243-72 MODIFICATIONS (MULTIPLE AWARD SCHEDULE) (JUL 2000)
(ALTERNATE I - SEP 1999)
Clause
C-FSS-412 CHARACTERISTICS OF ELECTRIC CURRENT (MAY 2000) Clause
D-FSS-471 MARKING AND DOCUMENTATION REQUIREMENTS PER
SHIPMENT (APR 1984)
Clause
D-FSS-477 TRANSSHIPMENTS (APR 1984) Clause
F-FSS-202-F DELIVERY PRICES (APR 1984) Clause
I-FSS-314 FOREIGN TAXES AND DUTIES (DEC 1990) Clause
I-FSS-594 PARTS AND SERVICE (OCT 1988) Clause
552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)
The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a
manner as to state or imply that the product or service provided is endorsed or preferred by the White House,
the Executive Office of the President, or any other element of the Federal Government, or is considered by
these entities to be superior to other products or services. Any advertisement by the Contractor, including
price-off coupons, that refers to a military resale activity shall contain the following statement: "This
advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States
Government."
552.211-15 Defense Priorities and Allocations System Requirements
(SEP 2004)
(a)Definitions.
Approved program means a program determined to be necessary or appropriate for priorities and
allocation support to promote the national defense by the Secretary of Defense, the Secretary of Energy,
or the Department of Homeland Security Under Secretary for Emergency Preparedness and Response
under the authority of the Defense Production Act, the Stafford Act, and Executive Order 12919, or the
Selective Service Act and related statutes, and Executive Order 12742. See Schedule 1 of 15 CFR part
700 for a list of Delegate Agencies, approved programs, and program identification symbols at
http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm.
Defense Priorities and Allocations System (DPAS)means the regulation published at 15 CFR part 700
that requires preferential treatment for certain contracts and orders placed by a Delegate Agency in
support of an approved program.
Delegate Agency means an agency of the U.S. Government authorized by delegation from the
Department of Commerce (DOC) to place priority ratings on contracts or orders needed to support
approved programs.
Rated order means, for the purpose of this contract, a delivery or task order issued in accordance with
the provisions of the DPAS regulation (15 CFR part 700).
(b)Rated Order Requirement.
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From time to time, the Contractor may receive a rated order under this contract from a Delegate
Agency. The Contractor must give preferential treatment to rated orders as required by the Defense
Priorities and Allocations System (DPAS) regulation (15 CFR part 700). The existence of previously
accepted unrated or lower rated orders is not sufficient reason to reject a rated order. Rated orders take
preference over all unrated orders as necessary to meet required delivery dates. There are two levels of
ratings designated by the symbol of either “DO” or “DX.” All “DO” rated orders have equal priority
with each other and take preference over unrated orders. All “DX” rated orders have equal priority with
each other and take preference over “DO” rated orders and unrated orders. The rating designation is
followed by a program identification symbol. Program identification symbols indicate which approved
program is supported by the rated order (see Schedule 1 of 15 CFR part 700 for a list of Delegate
Agencies, approved programs, and program identification symbols).
(c)Additional information.
Additional information may be obtained at the DOC DPAS website
http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm or by contacting
the designated Administrative Contracting Officer.
552.211-75 PRESERVATION, PACKAGING, AND PACKING
(FEB 1996) (ALTERNATE I - MAY 2003)
Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal
commercial practices, as defined in the applicable commodity specification. Packaging and packing shall
comply with the requirements of the Uniform Freight Classification and the National Motor Freight
Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment
shall be of uniform size and content, except for residual quantities. Where special or unusual packing is
specified in an order, but not specifically provided for by the contract, such packing details must be the
subject of an agreement independently arrived at between the ordering activity and the Contractor.
552.211-77 PACKING LIST (FEB 1996) (ALTERNATE I – MAY
2003)
(a) A packing list or other suitable shipping document shall accompany each shipment and shall
indicate: (1) Name and address of consignor; (2) Name and complete address of consignee; (3)
Ordering activity order or requisition number; (4) Government bill of lading number covering the
shipment (if any); and (5) Description of the material shipped, including item number, quantity, number
of containers, and package number (if any).
(b) When payment will be made by Ordering activity commercial credit card, in addition to the
information in (a) above, the packing list or shipping document shall include: (1) Cardholder name and
telephone number; and (2) the term "Credit Card."
552.211-78 COMMERCIAL DELIVERY SCHEDULE (MULTIPLE
AWARD SCHEDULE) (FEB 1996)
(a) Time of Delivery. The Contractor shall deliver to destination within the number of calendar days
after receipt of order (ARO) in the case of F.O.B. Destination prices; or to place of shipment in transit
in the case of F.O.B. Origin prices, as set forth below. Offerors shall insert in the “Time of Delivery
(days ARO)” column in the schedule of Items a definite number of calendar days within which delivery
will be made. In no case shall the offered delivery time exceed the Contractor's normal commercial
practice. The Government requires the Contractor's normal commercial delivery time, as long as it is
less than the “stated” delivery time(s) shown below. If the Offeror does not insert a delivery time in the
schedule of items, the Offeror will be deemed to offer delivery in accordance with the Government's
stated delivery time, as stated below:
ITEMS OR GROUP OF ITEMS GOVERNMENT STATED CONTRACTOR’S NORMAL
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Item # 1
(Special item No. or nomenclature)DELIVERY TIME (Days ARO)COMMERCIAL DELIVERY
TIME
132-3
132-4
30 __________
132-8
132-9
132-32
132-33
30 __________
132-54
132-55
15 __________
(b) Expedited Delivery Times. For those items that can be delivered quicker than the delivery times in
paragraph (a), above, the Offeror is requested to insert below, a time (hours/days ARO) that delivery
can be made when expedited delivery is requested.
ITEM OR GROUP OF ITEMS
(Special Item No. of nomenclature)
Expedited Delivery Time
(Hours/Days ARO)
____________
____________
____________
(c) Overnight and 2-Day Delivery Times. Ordering activities may require overnight or 2—day
delivery. The Offeror is requested to annotate its price list or by separate attachment identify the items
that can be delivered overnight or within 2 days. Contractors offering such delivery services will be
required to state in the cover sheet to its FSS price list details concerning this service.
Note: Regulation 552.211-78
In addition to (a) above, for SIN 132-54 and SIN 132-55, the following are accelerated and
time-critical delivery time frames:
SIN 132-54 and SIN 132-55
- Governments Stated Delivery Time: 7 days or less = accelerated service delivery
SIN 132-54 and SIN 132-55
- Governments Stated Delivery Time: 4 hours or less = time-critical delivery
552.212-70 PREPARATION OF OFFER (MULTIPLE AWARD
SCHEDULE) (AUG 1997)
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(a) Definitions.Concession, as used in this solicitation, means a benefit, enhancement or privilege
(other than a discount), which either reduces the overall cost of a customer’s acquisition or encourages
a customer to consummate a purchase. Concessions include, but are not limited to freight allowance,
extended warranty, extended price guarantees, free installation and bonus goods.
Discount, as used in this solicitation, means a reduction to catalog prices (published or unpublished).
Discounts include, but are not limited to, rebates, quantity discounts, purchase option credits, and any
other terms or conditions other than concessions) which reduce the amount of money a customer
ultimately pays for goods or services ordered or received. Any net price lower than the list price is
considered a “discount” by the percentage difference from the list price to the net price.
(b) For each Special Item Number (SIN) included in an offer, the Offeror shall provide the information
outlined in paragraph (c). Offerors may provide a single response covering more than one SIN, if the
information disclosed is the same for all products under each SIN. If discounts and concessions vary by
model or product line, offerors shall ensure that information is clearly annotated as to item or items
referenced.
(c) Provide information described below for each SIN:
(1) Two copies of the offeror’s current published (dated or otherwise identified) commercial
descriptive catalogs and/or price list(s) from which discounts are offered. If special catalogs or
price lists are printed for the purpose of this offer, such descriptive catalogs or price lists shall
include a statement indicating the special catalog or price list represent a verbatim extract from
the Offeror’s commercial catalog and/or price list and identify the descriptive catalog and/or price
list from which the information has been extracted.
(2) Next to each offered item in the commercial catalog and/or price list, the Offeror shall write
the special item number (SIN) under which the item is being offered. Unless a special catalog or
price list is submitted, all other items shall be marked “excluded,” lined out, and initialed by the
offeror.
(3) The discount(s) offered under this solicitation. The description of discounts offered shall
include all discounts, such as prompt payment discounts, quantity/dollar volume discounts
(indicate whether models/products can be combined within the SIN or whether SINs can be
combined to earn discounts), blanket purchase agreement discounts, or purchase option credits. If
the terms of sale appearing in the commercial catalogs or price list on which an offer is based are
in conflict with the terms of this solicitation, the latter shall govern.
(4) A description of concessions offered under this solicitation which are not granted to other
customers. Such concessions may include, but are not limited to, an extended warranty, a
return/exchange goods policy, or enhanced or additional services.
(5) If the Offeror is a dealer/reseller or the Offeror will use dealers to perform any aspect of
contract awarded under this solicitation, describe the functions, if any, that the dealer/reseller will
perform.
552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE
TO GSA ACQUISITION OF COMMERCIAL ITEMS (JUL 2003)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to
implement agency policy applicable to acquisition of commercial items or components. The provision or
clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless
otherwise stated herein. The following provisions and clauses are incorporated by reference:
Number Title Clause/Provision
552.203-71 RESTRICTION ON ADVERTISING (SEP 1999) Clause
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552.215-71 EXAMINATION OF RECORDS BY GSA (MULTIPLE AWARD
SCHEDULE) (JUL 2003)
Clause
552.215-72 PRICE ADJUSTMENT--FAILURE TO PROVIDE ACCURATE
INFORMATION (AUG 1997)
Clause
552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999) Clause
552.232-8 DISCOUNTS FOR PROMPT PAYMENT (APR 1989) (DEVIATION
FAR 52.232-8) (ALTERNATE I - MAY 2003)
Clause
552.238-71 SUBMISSION AND DISTRIBUTION OF AUTHORIZED FSS
SCHEDULE PRICELISTS (SEP 1999) (DEVIATION I - DEC 2004)
Clause
552.238-74 INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL
2003)
Clause
552.238-75 PRICE REDUCTIONS (MAY 2004) (ALTERNATE I - MAY 2003) Clause
552.212-72 CONTRACT TERMS AND CONDITIONS REQUIRED
TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS
APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS
(SEP 2003)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to
implement provisions of law or Executive Orders applicable to acquisition of commercial items or
components. The provision or clause in effect based on the applicable regulation cited on the date the
solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are
incorporated by reference:
Number Title Clause/Provision
552.238-70 IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT
PROVIDING ACCESSIBILITY FOR THE HANDICAPPED (SEP
1991)
Clause
552.238-72 IDENTIFICATION OF PRODUCTS THAT HAVE
ENVIRONMENTAL ATTRIBUTES (SEP 2003)
Clause
552.215-71 EXAMINATION OF RECORDS BY GSA (MULTIPLE
AWARD SCHEDULE) (JUL 2003)
The Contractor agrees that the Administrator of General Services or any duly authorized representative shall
have access to and the right to examine any books, documents, papers and records of the Contractor involving
transactions related to this contract for overbillings, billing errors, compliance with the Price Reduction
clause and compliance with the Industrial Funding Fee and Sales Reporting clause of this contract. This
authority shall expire 3 years after final payment. The basic contract and each option shall be treated as
separate contracts for purposes of applying this clause.
552.215-72 PRICE ADJUSTMENT—FAILURE TO PROVIDE
ACCURATE INFORMATION (AUG 1997)
(a) The Government, at its election, may reduce the price of this contract or contract modification if the
Contracting Officer determines after award of this contract or contract modification that the price
negotiated was increased by a significant amount because the Contractor failed to:
(1) provide information required by this solicitation/contract or otherwise requested by the
Government; or
(2) submit information that was current, accurate, and complete; or
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(3) disclose changes in the Contractor’s commercial pricelist(s), discounts or discounting policies
which occurred after the original submission and prior to the completion of negotiations.
(b) The Government will consider information submitted to be current, accurate and complete if the
data is current, accurate and complete as of 14 calendar days prior to the date it is submitted.
(c) If any reduction in the contract price under this clause reduces the price for 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—
(1) The amount of the overpayment; and
(2) 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 each quarter prescribed by the Secretary of Treasury
under 26 U.S.C. 6621(a)(2).
(d) Failure to agree on the amount of the decrease shall be resolved as a dispute.
(e) In addition to the remedy in paragraph (a) of this clause, the Government may terminate this
contract for default. The rights and remedies of the Government specified herein are not exclusive, and
are in addition to any other rights and remedies provided by law or under this contract.
552.216-70 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE
AWARD SCHEDULE CONTRACTS (SEP 1999)
(ALTERNATE I—SEP 1999)
Price adjustments include price increases and price decreases. Adjustments will be considered as follows:
(a) Contractors shall submit price decreases anytime during the contract period in which they occur.
Price decreases will be handled in accordance with the provisions of the Price Reduction Clause.
(b) Contractors may request price increases to be effective on or after the first 12 months of the contract
period providing all of the following conditions are met:
(1) Increases resulting from a reissue or other modification of the Contractor's commercial
catalog/pricelist that was used as the basis for the contract award.
(2) No more than three increases will be considered during each succeeding 12-month period of
the contract.(For succeeding contract periods of less than 12 months, up to three increases will be
considered subject to the other conditions of this subparagraph (b)).
(3) Increases are requested before the last 60 days of the contract period.
(4) At least 30 days elapse between requested increases.
(c) In any contract period during which price increases will be considered, the aggregate of the
increases during any 12-month period shall not exceed (10%) ten percent of the contract unit price in
effect at the end of the preceding 12-month period. The Government reserves the right to raise the
ceiling when market conditions during the contract period support such a change.
(d) The following material shall be submitted with the request for a price increase:
(1) A copy of the commercial catalog/pricelist showing the price increase and the effective date
for commercial customers.
(2) Commercial Sales Practice format regarding the Contractor's commercial pricing practice
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relating to the reissued or modified catalog/pricelist, or a certification that no change has occurred
in the data since completion of the initial negotiation or a subsequent submission.
(3) Documentation supporting the reasonableness of the price increase.
(e) The Government reserves the right to exercise one of the following options:
(1) Accept the Contractor's price increases as requested when all conditions of (b), (c), and (d) of
this clause are satisfied;
(2) Negotiate more favorable discounts from the new commercial prices when the total increase
requested is not supported; or,
(3) Remove the product(s) from contract involved pursuant to the Cancellation Clause of this
contract, when the increase requested is not supported.
(f) The contract modification reflecting the price adjustment shall be signed by the Government and
made effective upon receipt of notification from the Contractor that the new catalog/pricelist has been
mailed to the addressees previously furnished by the Contracting Officer, provided that in no event
shall such price adjustment be effective prior to the effective date of the commercial price increases.
The increased contract prices shall apply to delivery orders issued to the Contractor on or after the
effective date of the contract modification.
Note: Regulation 552.216-70
THIS REGULATION FOR ECONOMIC PRICE ADJUSTMENT (EPA) IS RELATING
TO PRODUCTS AND /OR SERVICES THAT WERE AWARDED BASED ON A
COMMERCIAL CATALOG PRICE.
552.216-72 Placement of orders (SEP 1999) (Alternate IV -- FEB 2007)
(a) See 552.238-78, Scope of Contract (Eligible Ordering Activities)--Alternate I, for who may order
under this contract.
(b) Orders may be placed through Electronic Data Interchange (EDI) or mailed in paper form. EDI
orders shall be placed using the American National Standards Institute (ANSI) X12 Standard for
Electronic Data Interchange (EDI) format.
(c) If the Contractor agrees, GSA's Federal Acquisition Service (FAS) will place orders for eligible
ordering activities, as defined in paragraph (a) of the clause at 552.238-78-Alternate I, by EDI using
computer-to-computer EDI. If computer-to-computer EDI is not possible, FAS will use an alternative
EDI method allowing the Contractor to receive orders by facsimile transmission. Subject to the
Contractor's agreement, other eligible ordering activities, as defined in paragraphs (a) and (d) of the
clause at 552.238-78-Alternate I, may also place orders by EDI.
(d) When computer-to-computer EDI procedures will be used to place orders, the Contractor shall enter
into one or more Trading Partner Agreements (TPA) with each ordering activity placing orders
electronically in order to ensure mutual understanding by the parties of certain electronic transaction
conventions and to recognize the rights and responsibilities of the parties as they apply to this method
of placing orders. The TPA must identify, among other things, the third party provider(s) through which
electronic orders are placed, the transaction sets used, security procedures, and guidelines for
implementation. Ordering activities may obtain a sample format to customize as needed from the office
specified in paragraph (g) of this clause.
(e) The Contractor shall be responsible for providing its own hardware and software necessary to
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transmit and receive data electronically. Additionally, each party to the TPA shall be responsible for the
costs associated with its use of third party provider services.
(f) Nothing in the TPA will invalidate any part of this contract between the Contractor and the General
Services Administration. All terms and conditions of this contract that otherwise would be applicable to
a mailed order shall apply to the electronic order.
(g) The basic content and format of the TPA will be provided by:
General Services Administration
Acquisition Operations and Electronic Commerce Center (FCS)
Washington, DC 20406
Telephone: (703) 305-7741
FAX: (703) 305-7720
Note: Regulation 552.216-72
THE PREVIOUS ADDRESS/PHONE NUMBER IS OUT OF DATE, AND NO LONGER
VALID.
THE CORRECT ADDRESS IS:
General Services Administration
Chief Information Officer (CIO)
EDI Helpdesk
2100 Crystal Drive
Arlington, VA 22202
703-605-9444
552.229-71 FEDERAL EXCISE TAX—DC GOVERNMENT
(SEP 1999)
If the District of Columbia cites an Internal Revenue Tax Exempt Certificate Number on orders placed under
this contract, the Contractor shall bill shipments to the District of Columbia at prices exclusive of Federal
excise tax and show the amount of such tax on the invoice.
552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)
Because this is a requirements or indefinite quantity contract under which more than one agency may place
orders, paragraph (a) of the Assignment of Claims clause (FAR 52.232-23) is inapplicable and the following
is substituted therefor:
In order to prevent confusion and delay in making payment, the Contractor shall not assign any claim(s) for
amounts due or to become due under this contract. However, the Contractor is permitted to assign separately
to a bank, trust company, or other financial institution, including any Federal lending agency, under the
provisions of the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred
to as "the Act"), all amounts due or to become due under any order amounting to $1,000 or more issued by
any Government agency under this contract. Any such assignment takes effect only if and when the assignee
files written notice of the assignment together with a true copy of the instrument of assignment with the
contracting officer issuing the order and the finance office designated in the order to make payment. Unless
otherwise stated in the order, payments to an assignee of any amounts due or to become due under any order
assigned may, to the extent specified in the Act, be subject to reduction or set-off.
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552.232-74 INVOICE PAYMENTS (SEP 1999)
(a) The due date for making invoice payments by the designated payment office is:
(1) For orders placed electronically by the General Services Administration (GSA) Federal
Supply Service (FSS), and to be paid by GSA through electronic funds transfer (EFT), the later of
the following two events:
(i) The 10th day after the designated billing office receives a proper invoice from the
Contractor. If the designated billing office fails to annotate the invoice with the date of
receipt at the time of receipt, the invoice payment due date shall be the 10th day after the
date of the Contractor's invoice; provided the Contractor submitted a proper invoice and
no disagreement exists over quantity, quality, or Contractor compliance with contract
requirements.
(ii) The 10th day after Government acceptance of supplies delivered or services
performed by the Contractor.
(2) For all other orders, the later of the following two events:
(i) The 30th day after the designated billing office receives a proper invoice from the
Contractor. If the designated billing office fails to annotate the invoice with the date of
receipt at the time of receipt, the invoice payment due date shall be the 30th day after the
date of the Contractor's invoice; provided the Contractor submitted a proper invoice and
no disagreement exists over quantity, quality, or Contractor compliance with contract
requirements.
(ii) The 30th day after Government acceptance of supplies delivered or services
performed by the Contractor.
(3) On a final invoice, if the payment amount is subject to contract settlement actions, acceptance
occurs on the effective date of the contract settlement.
(b) The General Services Administration will issue payment on the due date in (a)(1) above if the
Contractor complies with full cycle electronic commerce. Full cycle electronic commerce includes all
the following elements:
(1) The Contractor must receive and fulfill electronic data interchange (EDI) purchase orders
(transaction set 850).
(2) The Contractor must generate and submit to the Government valid EDI invoices (transaction
set 810) or submit invoices through the GSA Finance Center Internet-based invoice process.
Internet-based invoices must be submitted using procedures provided by GSA.
(3) The Contractor's financial institution must receive and process, on behalf of the Contractor,
EFT payments through the Automated Clearing House (ACH) system.
(4) The EDI transaction sets in (b)(1) through (b)(3) above must adhere to implementation
conventions provided by GSA.
(c) If any of the conditions in (b) above do not occur, the 10 day payment due dates in (a)(1) become
30 day payment due dates.
(d) Notwithstanding paragraph (g) of the clause at FAR 52.212-4, Contract Terms and
Conditions--Commercial Items, if the Contractor submits hard-copy invoices, submit only an original
invoice. No copies of the invoice are required.
(e) All other provisions of the Prompt Payment Act (31 U.S.C. 3901 et seq.) and Office of Management
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and Budget (OMB) Circular A-125, Prompt Payment, apply.
552.232-79 PAYMENT BY CREDIT CARD (MAY 2003)
(a) Definitions.
“Credit card” means any credit card used to pay for purchases, including the Governmentwide
Commercial Purchase Card.
“Governmentwide commercial purchase card” means a uniquely numbered credit card issued by a
contractor under GSA's Governmentwide Contract for Fleet, Travel, and Purchase Card Services to
named individual Government employees or entities to pay for official Government purchases.
“Oral order” means an order placed orally either in person or by telephone.
(b) The Contractor must accept the credit card for payments equal to or less than the micro-purchase
threshold (see Federal Acquisition Regulation 2.101) for oral or written orders under this contract.
(c) The Contractor and the ordering agency may agree to use the credit card for dollar amounts over the
micro-purchase threshold, and the Government encourages the Contractor to accept payment by the
purchase card. The dollar value of a purchase card action must not exceed the ordering agency's
established limit. If the Contractor will not accept payment by the purchase card for an order exceeding
the micro-purchase threshold, the Contractor must so advise the ordering agency within 24 hours of
receipt of the order.
(d) The Contractor shall not process a transaction for payment through the credit card clearinghouse
until the purchased supplies have been shipped or services performed.
Unless the cardholder requests correction or replacement of a defective or faulty item under other
contract requirements, the Contractor must immediately credit a cardholder's account for items returned
as defective or faulty.
(e) Payments made using the Governmentwide commercial purchase card are not eligible for any
negotiated prompt payment discount. Payment made using an ordering activity debit card will receive
the applicable prompt payment discount.
552.232-8 DISCOUNTS FOR PROMPT PAYMENT (APR 1989)
(DEVIATION FAR 52.232-8) (ALTERNATE I — MAY 2003)
(a) Discounts for early payment (hereinafter referred to as "discounts" or "the discount") will be
considered in evaluating the relationship of the offeror's concessions to the Government vis-a-vis the
offeror's concessions to its commercial customers, but only to the extent indicated in this clause.
(b) Discounts will not be considered to determine the low offeror in the situation described in the
"Offers on Identical Products" provision of this solicitation.
(c) Uneconomical discounts will not be considered as meeting the criteria for award established by the
Government. In this connection, a discount will be considered uneconomical if the annualized rate of
return for earning the discount is lower than the "value of funds" rate established by the Department of
the Treasury and published quarterly in the Federal Register. The "value of funds" rate applied will be
the rate in effect on the date specified for the receipt of offers.
(d) Discounts for early payment may be offered either in the original offer or on individual invoices
submitted under the resulting contract. Discounts offered will be taken by the Government if payment is
made within the discount period specified.
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(e) Discounts that are included in offers become a part of the resulting contracts and are binding on the
Contractor for all orders placed under the contract. Discounts offered only on individual invoices will
be binding on the Contractor only for the particular invoice on which the discount is offered.
(f) In connection with any discount offered for prompt payment, time shall be computed from the date
of the invoice. For the purpose of computing the discount earned, payment shall be considered to have
been made on the date which appears on the payment check or the date on which an electronic funds
transfer was made.
552.232-81 PAYMENTS BY NON-FEDERAL ORDERING
ACTIVITIES (MAY 2003)
If eligible non-federal ordering activities are subject to a State prompt payment law, the terms and conditions
of the applicable State law apply to the orders placed under this contract by such activities. If eligible
non-federal ordering activities are not subject to a State prompt payment law, the terms and conditions of the
Federal Prompt Payment Act as reflected in Federal Acquisition Regulation clause 52.232-25, Prompt
Payment, or 52.212-4, Contract Terms and Conditions—Commercial Items, apply to such activities in the
same manner as to Federal ordering activities.
552.232-83 CONTRACTOR’S BILLING RESPONSIBILITIES (MAY
2003)
The Contractor is required to perform all billings made pursuant to this contract. However, if the Contractor
has dealers that participate on the contract and the billing/payment process by the Contractor for sales made
by the dealer is a significant administrative burden, the following alternative procedures may be used. Where
dealers are allowed by the Contractor to bill ordering activities and accept payment in the Contractor’s name,
the Contractor agrees to obtain from all dealers participating in the performance of the contract a written
agreement, which will require dealers to—
(1) Comply with the same terms and conditions regarding prices as the Contractor for sales made under
the contract;
(2) Maintain a system of reporting sales under the contract to the manufacturer, which includes—
(i) The date of sale;
(ii) The ordering activity to which the sale was made;
(iii) The service or product/model sold;
(iv) The quantity of each service or product/model sold;
(v) The price at which it was sold, including discounts; and
(vi) All other significant sales data.
(3) Be subject to audit by the Government, with respect to sales made under the contract; and
(4) Place orders and accept payments in the name of the Contractor in care of the dealer.
An agreement between a Contractor and its dealers pursuant to this procedure will not establish privity of
contract between dealers and the Government.
552.238-70 IDENTIFICATION OF ELECTRONIC OFFICE
EQUIPMENT PROVIDING ACCESSIBILITY FOR THE
HANDICAPPED (SEP 1991)
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(a)Definitions. "Electronic office equipment accessibility" means the application/configuration of
electronic office equipment (includes hardware, software, and firmware) in a manner that
accommodates the functional limitations of individuals with disabilities (i.e., handicapped individuals)
so as to promote productivity and provide access to work related and/or public information resources.
"Handicapped individuals" mean qualified individuals with impairments as cited in 29 CFR 1613.702(f)
who can benefit from electronic office equipment accessibility.
"Special peripheral" means a special needs aid that provides access to electronic equipment that is
otherwise inaccessible to a handicapped individual.
(b) The offeror is encouraged to identify in its offer, and include in any commercial catalogs and
pricelists accepted by the Contracting Officer, office equipment, including any special peripheral, that
will facilitate electronic office equipment accessibility for handicapped individuals. Identification
should include the type of disability accommodated and how the users with that disability would be
helped.
552.238-71 SUBMISSION AND DISTRIBUTION OF AUTHORIZED
FSS SCHEDULE PRICELISTS (SEP 1999) (DEVIATION DEC 2004)
(a) The Contracting Officer will return one copy of the Authorized FSS Schedule Pricelist to the
Contractor with the notification of contract award.
(b) The Contractor shall provide to the GSA Contracting Officer:
(1) Two paper copies of the Authorized FSS Schedule Pricelist; and
(2) The Authorized FSS Schedule Pricelist on a common-use electronic medium.
(c) The Contracting Officer will provide detailed instructions for the electronic submission with the
award notification. Some structured data entry in a prescribed format may be required.
(d) During the period of the contract, the Contractor shall provide one copy of its Authorized FSS
Schedule Pricelist to any authorized Schedule user, upon request.
552.238-72 IDENTIFICATION OF PRODUCTS THAT HAVE
ENVIRONMENTAL ATTRIBUTES (SEP 2003)
(a) Several laws, Executive orders and Agency directives require Federal buyers to purchase products
that are less harmful to the environment, when they are life cycle cost-effective (see FAR Subpart 23.7).
The U.S. General Services Administration (GSA) requires contractors to highlight environmental
products under Federal Supply Service schedule contracts in various communications media (e.g.,
publications and electronic formats).
(b) Definitions. As used in this clause —
Energy-efficient product means a product that—
(1) Meets Department of Energy and Environmental Protection Agency criteria for use of the
ENERGY STAR [reg] trademark label; or
(2) Is in the upper 25 percent of efficiency for all similar products as designated by the
Department of Energy’s Federal Energy Management Program.
GSA Advantage! is an on-line shopping mall and ordering system that provides customers with access
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to products and services under GSA contracts.
Other environmental attributes refers to product characteristics that provide environmental benefits,
excluding recovered materials and energy and water efficiency. Several examples of these
characteristics are biodegradable, recyclable, reduced pollutants, ozone safe, and low volatile organic
compounds (VOCs).
Post-consumer material means a material or finished product that has served its intended use and has
been discarded for disposal or recovery, having completed its life as a consumer item. Post-consumer
material is part of the broader category of “recovered material.” The Environmental Protection Agency
(EPA) has developed a list of EPA-designated products in their Comprehensive Procurement
Guidelines (CPGs) to provide Federal agencies with purchasing recommendations on specific products
in a Recovered Materials Advisory Notice (RMAN). The RMAN contains recommended recovered and
post-consumer material content levels for the specific products designated by EPA (40 CFR part 247
and http://www.epa.gov/cpg/).
Recovered materials means waste materials and by-products recovered or diverted from solid waste, but
the term does not include those materials and by-products generated from, and commonly reused
within, an original manufacturing process (Executive Order 13101 and 42 U.S.C. 6903 (19) and
http://www.epa.gov/cpg/). For paper and paper products, see the definition at FAR 11.301 (42 U.S.C.
6962 (h)).
Remanufactured means factory rebuilt to original specifications.
Renewable energy means energy produced by solar, wind, geothermal, and biomass power.
Renewable energy technology means—
(1) Technologies that use renewable energy to provide light, heat, cooling, or mechanical or
electrical energy for use in facilities or other activities; or
(2) The use of integrated whole-building designs that rely upon renewable energy resources,
including passive solar design.
(c) (1) The offeror must identify products that—
(i) Are compliant with the recovered and post-consumer material content levels
recommended in the Recovered Materials Advisory Notices (RMANs) for
EPA-designated products in the CPG program (http://www.epa.gov/cpg/);
(ii) Contain recovered materials that either do not meet the recommended levels in the
RMANs or are not EPA-designated products in the CPG program (see FAR 23.401 and
http://www.epa.gov/cpg/);
(iii) Are energy-efficient, as defined by either ENERGY STAR [reg] and/or FEMP’s
designated top 25th percentile levels (see ENERGY STAR [reg] at
http://www.energystar.gov/ and FEMP at http://www.eere.energy.gov/);
(iv) Are water-efficient;
(v) Use renewable energy technology;
(vi) Are remanufactured; and
(vii) Have other environmental attributes.
(2) These identifications must be made in each of the offeror’s following mediums:
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(i) The offer itself.
(ii) Printed commercial catalogs, brochures, and pricelists.
(iii) Online product website.
(iv) Electronic data submission for GSA Advantage! submitted via GSA’s Schedules
Input Program (SIP) software or the Electronic Data Inter-change (EDI). Offerors can use
the SIP or EDI methods to indicate environmental and other attributes for each product
that is translated into respective icons in GSA Advantage!.
(d) An offeror, in identifying an item with an environmental attribute, must possess evidence or rely on
a reasonable basis to substantiate the claim (see 16 CFR part 260, Guides for the Use of Environmental
Marketing Claims). The Government will accept an offeror’s claim of an item’s environmental attribute
on the basis of—
(1) Participation in a Federal agency-sponsored program (e.g., the EPA and DOE ENERGY
STAR [reg] product labeling program);
(2) Verification by an independent organization that specializes in certifying such claims; or
(3) Possession of competent and reliable evidence. For any test, analysis, research, study, or other
evidence to be “competent and reliable,” it must have been conducted and evaluated in an
objective manner by persons qualified to do so, using procedures generally accepted in the
profession to yield accurate and reliable results.
552.238-73 CANCELLATION (SEP 1999)
Either party may cancel this contract in whole or in part by providing written notice. The cancellation will
take effect 30 calendar days after the other party receives the notice of cancellation. If the Contractor elects to
cancel this contract, the Government will not reimburse the minimum guarantee.
552.238-74 INDUSTRIAL FUNDING FEE AND SALES REPORTING
(JUL 2003)
(a) Reporting of Federal Supply Schedule Sales. The Contractor shall report all contract sales under this
contract as follows:
(1) The Contractor shall accurately report the dollar value, in U.S. dollars and rounded to the
nearest whole dollar, of all sales under this contract by calendar quarter (January 1-March 31,
April 1-June 30, July 1-September 30, and October 1-December 31). The dollar value of a sale is
the price paid by the Schedule user for products and services on a Schedule task or delivery order.
The reported contract sales value shall include the Industrial Funding Fee (IFF). The Contractor
shall maintain a consistent accounting method of sales reporting, based on the Contractor’s
established commercial accounting practice. The acceptable points at which sales may be
reported include--
(i) Receipt of order;
(ii) Shipment or delivery, as applicable;
(iii) Issuance of an invoice; or
(iv) Payment.
(2) Contract sales shall be reported to FSS within 30 calendar days following the completion of
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each reporting quarter. The Contractor shall continue to furnish quarterly reports, including
“zero” sales, through physical completion of the last outstanding task order or delivery order of
the contract.
(3) Reportable sales under the contract are those resulting from sales of contract items to
authorized users unless the purchase was conducted pursuant to a separate contracting authority
such as a Governmentwide Acquisition Contract (GWAC); a separately awarded FAR Part 12,
FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a non-FAR contract. Sales made to
state and local governments under Cooperative Purchasing authority shall be counted as
reportable sales for IFF purposes.
(4) The Contractor shall electronically report the quarterly dollar value of sales, including “zero”
sales, by utilizing the automated reporting system at an Internet website designated by the
General Services Administration’s (GSA) Federal Supply Service (FSS). Prior to using this
automated system, the Contractor shall complete contract registration with the FSS Vendor
Support Center (VSC). The website address, as well as registration instructions and reporting
procedures, will be provided at the time of award. The Contractor shall report sales separately for
each National Stock Number (NSN), Special Item Number (SIN), or sub-item.
(5) The Contractor shall convert the total value of sales made in foreign currency to U.S. dollars
using the “Treasury Reporting Rates of Exchange” issued by the U.S. Department of Treasury,
Financial Management Service. The Contractor shall use the issue of the Treasury report in effect
on the last day of the calendar quarter. The report is available from Financial Management
Service, International Funds Branch, Telephone: (202) 874-7994, Internet:
http://www.fms.treas.gov/intn.html.
(b) The Contractor shall remit the IFF at the rate set by GSA’s FSS.
(1) The Contractor shall remit the IFF to FSS in U.S. dollars within 30 calendar days after the end
of the reporting quarter; final payment shall be remitted within 30 days after physical completion
of the last outstanding task order or delivery order of the contract.
(2) The IFF represents a percentage of the total quarterly sales reported. This percentage is set at
the discretion of GSA’s FSS. GSA’s FSS has the unilateral right to change the percentage at any
time, but not more than once per year. FSS will provide reasonable notice prior to the effective
date of the change. The IFF reimburses FSS for the costs of operating the Federal Supply
Schedules Program and recoups its operating costs from ordering activities. Offerors must include
the IFF in their prices. The fee is included in the award price(s) and reflected in the total amount
charged to ordering activities. FSS will post notice of the current IFF at http://72a.fss.gsa.gov/ or
successor website as appropriate.
(c) Within 60 days of award an FSS representative will provide the Contractor with specific written
procedural instructions on remitting the IFF. FSS reserves the unilateral right to change such
instructions from time to time, following notification to the Contractor.
(d) Failure to remit the full amount of the IFF within 30 calendar days after the end of the applicable
reporting period constitutes a contract debt to the United States Government under the terms of FAR
Subpart 32.6. The Government may exercise all rights under the Debt Collection Improvement Act of
1996, including withholding or setting off payments and interest on the debt (see FAR clause
52.232-17, Interest). Should the Contractor fail to submit the required sales reports, falsify them, or fail
to timely pay the IFF, this is sufficient cause for the Government to terminate the contract for cause.
552.238-75 PRICE REDUCTIONS (MAY 2004) (ALTERNATE I -
MAY 2003)538.273(b)(2)
(a) Before award of a contract, the Contracting Officer and the Offeror will agree upon (1) the customer
(or category of customers) which will be the basis of award, and (2) the Government's price or discount
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relationship to the identified customer (or category of customers). This relationship shall be maintained
throughout the contract period. Any change in the Contractor's commercial pricing or discount
arrangement applicable to the identified customer (or category of customers) which disturbs this
relationship shall constitute a price reduction.
(b) During the contract period, the Contractor shall report to the Contracting Officer all price reductions
to the customer (or category of customers) that was the basis of award. The Contractor's report shall
include an explanation of the conditions under which the reductions were made.
(c) (1) A price reduction shall apply to purchases under this contract if, after the date negotiations
conclude, the Contractor —
(i) Revises the commercial catalog, pricelist, schedule or other document upon which
contract award was predicated to reduce prices;
(ii) Grants more favorable discounts or terms and conditions than those contained in the
commercial catalog, pricelist, schedule or other documents upon which contract award
was predicated; or
(iii) Grants special discounts to the customer (or category of customers) that formed the
basis of award, and the change disturbs the price/discount relationship of the Government
to the customer (or category of customers) that was the basis of award.
(2) The Contractor shall offer the price reduction to the eligible ordering activities with the same
effective date, and for the same time period, as extended to the commercial customer (or category
of customers).
(d) There shall be no price reduction for sales —
(1) To commercial customers under firm, fixed-price definite quantity contracts with specified
delivery in excess of the maximum order threshold specified in this contract;
(2) To eligible ordering activities under this contract;
(3) Made to State and local government entities when the order is placed under this contract (and
the State and local government entity is the agreed upon customer or category of customer that is
the basis of award); or
(4) Caused by an error in quotation or billing, provided adequate documentation is furnished by
the Contractor to the Contracting Officer.
(e) The Contractor may offer the Contracting Officer a voluntary Governmentwide price reduction at
any time during the contract period.
(f) The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as
soon as possible, but not later than 15 calendar days after its effective date.
(g) The contract will be modified to reflect any price reduction which becomes applicable in accordance
with this clause.
Note: In accordance with GSAR clause 552.238-78 Scope of Contract (Eligible Ordering
Activities)(Alternate I)(a)(2) and GSAR clause 552.238-75 Price Reductions(Alternate I)(d)(2), there
shall be no price reduction for sales made under the authority of the Federal Acquisition Regulation
(FAR) Part 51 class deviation. With written authorization by a Federal Government contracting officer,
a GSA contractor may place an order as an eligible ordering activity with a Schedule contractor. In this
case, the Schedule contract sale shall not trigger a price reduction.
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552.238-76 Definition (Federal Supply Schedules)--Recovery
Purchasing (FEB 2007)
Ordering activity (also called ``ordering agency'' and ``ordering office'') means an eligible ordering activity
(see 552.238-78, Alternate I) authorized to place orders under Federal Supply Schedule contracts.
552.238-77 DEFINITION (FEDERAL SUPPLY SCHEDULES)
(MAY 2003)
Ordering activity (also called “ordering agency” and “ordering office”) means an eligible ordering activity
(see 552.238-78) authorized to place orders under Federal Supply Schedule contracts.
552.238-78 SCOPE OF CONTRACT (ELIGIBLE ORDERING
ACTIVITIES) (MAY 2004) (ALTERNATE I -- FEB 2007)
(a) This solicitation is issued to establish contracts which may be used on a nonmandatory basis by the
agencies and activities named below, as a source of supply for the supplies or services described herein,
for domestic delivery.
(1) Executive agencies (as defined in Federal Acquisition Regulation Subpart 2.1) including
nonappropriated fund activities as prescribed in 41 CFR 101-26.000;
(2) Government contractors authorized in writing by a Federal agency pursuant to Federal
Acquisition Regulation Subpart 51.1;
(3) Mixed ownership Government corporations (as defined in the Government Corporation
Control Act);
(4) Federal Agencies, including establishments in the legislative or judicial branch of government
(except the Senate, the House of Representatives and the Architect of the Capitol and any
activities under the direction of the Architect of the Capitol);
(5) The District of Columbia;
(6) Tribal governments when authorized under 25 U.S.C. 450j(k);
(7) Qualified Nonprofit Agencies as authorized under 40 U.S.C. 502(b); and
(8) Organizations, other than those identified in paragraph (d) of this clause, authorized by GSA
pursuant to statute or regulation to use GSA as a source of supply.
(b) Definitions --
Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico,
Washington, DC, and U.S. territories. Domestic delivery also includes a port or consolidation point,
within the aforementioned areas, for orders received from overseas activities.
Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska,
Hawaii, Puerto Rico, and U.S. territories.
(c) Offerors are requested to check one of the following boxes:
______ Contractor will provide domestic and overseas delivery.
______ Contractor will provide overseas delivery only.
______ Contractor will provide domestic delivery only.
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(d) The following activities may place orders against Federal Supply Schedules for products and
services determined by the Secretary of Homeland Security to facilitate recovery from major disasters,
terrorism, or nuclear, biological, chemical, or radiological attack, on an optional basis; PROVIDED, the
Contractor accepts order(s) from such activities: State and local government entities, includes any state,
local, regional or tribal government or any instrumentality thereof (including any local educational
agency or institution of higher learning).
State and local government entities, means the states of the United States, counties, municipalities,
cities, towns, townships, tribal governments, public authorities (including public or Indian housing
agencies under the United States Housing Act of 1937), school districts, colleges and other institutions
of higher education, council of governments (incorporated or not), regional or interstate government
entities, or any agency or instrumentality of the preceding entities (including any local educational
agency or institution of higher education), and including legislative and judicial departments. The term
does not include contractors of, or grantees of, State or local governments.
(1)Local educational agency has the meaning given that term in section 8013 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7713).
(2)Institution of higher education has the meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(3)Tribal government means --
(i) The governing body of any Indian tribe, band, nation, or other organized group or
community located in the continental United States (excluding the State of Alaska) that is
recognized as eligible for the special programs and services provided by the United States
to Indians because of their status as Indians; and
(ii) Any Alaska Native regional or village corporation established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(e) Articles or services may be ordered from time to time in such quantities as may be needed to fill any
requirement, subject to the Order Limitations thresholds which will be specified in resultant contracts.
Overseas activities may place orders directly with schedule contractors for delivery to CONUS port or
consolidation point.
(f) (1) The Contractor is obligated to accept orders received from activities within the Executive
Branch of the Federal Government.
(2) The Contractor is not obligated to accept orders received from activities outside the Executive
Branch; however, the Contractor is encouraged to accept such orders. If the Contractor elects to
accept such orders, all provisions of the contract shall apply, including clause 552.232-79,
Payments by Credit Card. If the Contractor is unwilling to accept such orders, and the proposed
method of payment is not through the Credit Card, the Contractor shall return the order by mail or
other means of delivery within 5 workdays from receipt. If the Contractor is unwilling to accept
such orders, and the proposed method of payment is through the Credit Card, the Contractor must
so advise the ordering activity within 24 hours of receipt of order. (Reference clause 552.232-79,
Payment by Credit Card.) Failure to return an order or advise the ordering activity within the time
frames of this paragraph shall constitute acceptance whereupon all provisions of the contract shall
apply.
(g) The Government is obligated to purchase under each resultant contract a guaranteed minimum of
$2,500 (two thousand, five hundred dollars) during the contract term.
552.238-79 USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS
BY CERTAIN ENTITIES—COOPERATIVE PURCHASING (MAY
2004)
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(a) If an entity identified in paragraph (d) of the clause at 552.238-78, Scope of Contract (Eligible
Ordering Activities), elects to place an order under this contract, the entity agrees that the order shall be
subject to the following conditions:
(1) When the Contractor accepts an order from such an entity, a separate contract is formed which
incorporates by reference all the terms and conditions of the Schedule contract except the
Disputes clause, the patent indemnity clause, and the portion of the Commercial Item Contract
Terms and Conditions that specifies “Compliance with laws unique to Government contracts”
(which applies only to contracts with entities of the Executive branch of the U.S. Government).
The parties to this new contract which incorporates the terms and conditions of the Schedule
contract are the individual ordering activity and the Contractor. The U.S. Government shall not be
liable for the performance or nonperformance of the new contract. Disputes which cannot be
resolved by the parties to the new contract may be litigated in any State or Federal court with
jurisdiction over the parties, applying Federal procurement law, including statutes, regulations
and case law, and, if pertinent, the Uniform Commercial Code. To the extent authorized by law,
parties to this new contract are encouraged to resolve disputes through Alternative Dispute
Resolution. Likewise, a Blanket Purchase Agreement (BPA), although not a contract, is an
agreement that may be entered into by the Contractor with such an entity and the Federal
Government is not a party.
(2) Where contract clauses refer to action by a Contracting Officer or a Contracting Officer of
GSA, that shall mean the individual responsible for placing the order for the ordering activity
(e.g., FAR 52.212-4 at paragraph (f) and FSS clause I-FSS-249 B.)
(3) As a condition of using this contract, eligible ordering activities agree to abide by all terms
and conditions of the Schedule contract, except for those deleted clauses or portions of clauses
mentioned in paragraph (a)(1) of this clause. Ordering activities may include terms and conditions
required by statute, ordinance, regulation, order, or as otherwise allowed by State and local
government entities as a part of a statement of work (SOW) or statement of objective (SOO) to
the extent that these terms and conditions do not conflict with the terms and conditions of the
Schedule contract. The ordering activity and the Contractor expressly acknowledge that, in
entering into an agreement for the ordering activity to purchase goods or services from the
Contractor, neither the ordering activity nor the Contractor will look to, primarily or in any
secondary capacity, or file any claim against the United States or any of its agencies with respect
to any failure of performance by the other party.
(4) The ordering activity is responsible for all payments due the Contractor under the contract
formed by acceptance of the ordering activity’s order, without recourse to the agency of the U.S.
Government, which awarded the Schedule contract.
(5) The Contractor is encouraged, but not obligated, to accept orders from such entities. The
Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason.
The Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day
period.
(6) The supplies or services purchased will be used for governmental purposes only and will not
be resold for personal use. Disposal of property acquired will be in accordance with the
established procedures of the ordering activity for the disposal of personal property.
(b) If the Schedule Contractor accepts an order from an entity identified in paragraph (d) of the clause
at 552.238-78, Scope of Contract (Eligible Ordering Activities), the Contractor agrees to the following
conditions:
(1) The ordering activity is responsible for all payments due the Contractor for the contract
formed by acceptance of the order, without recourse to the agency of the U.S. Government, which
awarded the Schedule contract.
(2) The Contractor is encouraged, but not obligated, to accept orders from such entities. The
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Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason.
The Contractor shall decline the order using the same means as those used to place the order. The
Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day
period.
(c) In accordance with clause 552.238-74, Industrial Funding Fee and Sales Reporting, the Contractor
must report the quarterly dollar value of all sales under this contract. When submitting sales reports, the
Contractor must report two dollar values for each Special Item Number:
(1) The dollar value for sales to entities identified in paragraph (a) of the clause at 552.238-78,
Scope of Contract (Eligible Ordering Activities), and
(2) The dollar value for sales to entities identified in paragraph (d) of clause 552.238-78.
552.238-80 Use of Federal Supply Schedule Contracts by Certain
Entities--Recovery Purchasing (FEB 2007)
(a) If an entity identified in paragraph (d) of the clause at 552.238-78, Scope of Contract (Eligible
Ordering Activities)-- Alternate I, elects to place an order under this contract, the entity agrees that the
order shall be subject to the following conditions:
(1) When the Contractor accepts an order from such an entity, a separate contract is formed which
incorporates by reference all the terms and conditions of the Schedule contract except the
Disputes clause, the patent indemnity clause, and the portion of the Commercial Item Contract
Terms and Conditions that specifies ``Compliance with laws unique to Government contracts''
(which applies only to contracts with entities of the Executive branch of the U.S. Government).
The parties to this new contract which incorporates the terms and conditions of the Schedule
contract are the individual ordering activity and the Contractor. The U.S. Government shall not be
liable for the performance or nonperformance of the new contract. Disputes which cannot be
resolved by the parties to the new contract may be litigated in any State or Federal court with
jurisdiction over the parties, applying Federal procurement law, including statutes, regulations
and case law, and, if pertinent, the Uniform Commercial Code. To the extent authorized by law,
parties to this new contract are encouraged to resolve disputes through Alternative Dispute
Resolution. Likewise, a Blanket Purchase Agreement (BPA), although not a contract, is an
agreement that may be entered into by the Contractor with such an entity and the Federal
Government is not a party.
(2) Where contract clauses refer to action by a Contracting Officer or a Contracting Officer of
GSA, that shall mean the individual responsible for placing the order for the ordering activity
(e.g., Federal Acquisition Regulation 52.212-4 at paragraph (f) and FSS clause I-FSS-249 B).
(3) As a condition of using this contract, eligible ordering activities agree to abide by all terms
and conditions of the Schedule contract, except for those deleted clauses or portions of clauses
mentioned in paragraph (a)(1) of this clause. Ordering activities may include terms and conditions
required by statute, ordinance, regulation, order, or as otherwise allowed by State and local
government entities as a part of a statement of work (SOW) or statement of objective (SOO) to
the extent that these terms and conditions do not conflict with the terms and conditions of the
Schedule contract. The ordering activity and the Contractor expressly acknowledge that, in
entering into an agreement for the ordering activity to purchase goods or services from the
Contractor, neither the ordering activity nor the Contractor will look to, primarily or in any
secondary capacity, or file any claim against the United States or any of its agencies with respect
to any failure of performance by the other party.
(4) The ordering activity is responsible for all payments due the Contractor under the contract
formed by acceptance of the ordering activity's order, without recourse to the agency of the U.S.
Government, which awarded the Schedule contract.
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(5) The Contractor is encouraged, but not obligated, to accept orders from such entities. The
Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason.
The Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day
period.
(6) The supplies or services purchased will be used for governmental purposes only and will not
be resold for personal use. Disposal of property acquired will be in accordance with the
established procedures of the ordering activity for the disposal of personal property.
(7) The state or local government ordering activity will be responsible for purchasing products or
services to be used to facilitate recovery from a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or to
facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack.
(b) If the Schedule Contractor accepts an order from an entity identified in paragraph (d) of the clause
at 552.238-78, Scope of Contract (Eligible Ordering Activities)--Alternate I, the Contractor agrees to
the following conditions--
(1) The ordering activity is responsible for all payments due the Contractor for the contract
formed by acceptance of the order, without recourse to the agency of the U.S. Government, which
awarded the Schedule contract.
(2) The Contractor is encouraged, but not obligated, to accept orders from such entities. The
Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason.
The Contractor shall decline the order using the same means as those used to place the order. The
Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day
period.
(c) In accordance with clause 552.238-74, Industrial Funding Fee and Sales Reporting, the Contractor
must report the quarterly dollar value of all sales under this contract. When submitting sales reports, the
Contractor must report two dollar values for each Special Item Number--
(1) The dollar value for sales to entities identified in paragraph (a) of the clause at 552.238-78,
Scope of Contract (Eligible Ordering Activities)--Alternate I; and
(2) The dollar value for sales to entities identified in paragraph (d) of clause 552.238-78,
Alternate I.
(d) A listing of the Federal Supply Schedule contracts for the products and services available for
disaster recovery purchasing is accessible in GSA's Schedules e-Library at Web site
http://www.gsaelibrary.gsa.gov. Click on the link, ``Disaster Recovery Purchasing, State and Local.''
The participating Contractors and the products and services available for disaster recovery purchasing
will be labeled with the Disaster Recovery Purchasing icon.
552.243-72 MODIFICATIONS (MULTIPLE AWARD SCHEDULE)
(JUL 2000) (ALTERNATE I—SEP 1999)
(a) General. The Contractor may request a contract modification by submitting a request to the
Contracting Officer for approval, except as noted in paragraph (d) of this clause. At a minimum, every
request shall describe the proposed change(s) and provide the rationale for the requested change(s).
(b) Types of Modifications.
(1) Additional items/additional SIN's. When requesting additions, the following information must
be submitted:
(i) Information requested in paragraphs (1) and (2) of the Commercial Sales Practice
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Format to add SIN’s.
(ii) Discount information for the new items(s) or new SIN(s). Specifically, submit the
information requested in paragraphs 3 through 5 of the Commercial Sales Practice
Format. If this information is the same as the initial award, a statement to that effect may
be submitted instead.
(iii) Information about the new item(s) or the item(s) under the new SIN(s) as described
in 552.212-70, Preparation of Offer (Multiple Award Schedule) is required.
(iv) Delivery time(s) for the new item(s) or the item(s) under the new SIN(s) must be
submitted in accordance with 552.211-78, Commercial Delivery Schedule (Multiple
Award Schedule).
(v) Production point(s) for the new item(s) or the item(s) under the new SIN(s) must be
submitted if required by 52.215-6, Place of Performance.
(vi) Hazardous Material information (if applicable) must be submitted as required by
52.223-3 (ALT I), Hazardous Material Identification and Material Safety Data.
(vii) Any information requested by 52.212-3(f), Offeror Representations and
Certifications—Commercial Items, that may be necessary to assure compliance with
FAR 52.225-1, Buy American Act—Balance of Payments Programs—Supplies.
(2) Deletions. The Contractors shall provide an explanation for the deletion. The Government
reserves the right to reject any subsequent offer of the same item or a substantially equal item at a
higher price during the same contract period, if the contracting officer finds the higher price to be
unreasonable when compared with the deleted item.
(3) Price Reduction. The Contractor shall indicate whether the price reduction falls under the item
(i), (ii), or (iii) of paragraph (c)(1) of the Price Reductions clause at 552.238-75. If the Price
reduction falls under item (i), the Contractor shall submit a copy of the dated commercial price
list. If the price reduction falls under item (ii) or (iii), the Contractor shall submit a copy of the
applicable price list(s), bulletins or letters or customer agreements which outline the effective
date, duration, terms and conditions of the price reduction.
(c) Effective dates. The effective date of any modification is the date specified in the modification,
except as otherwise provided in the Price Reductions clause at 552.238-75.
(d) Electronic File Updates. The Contractor shall update electronic file submissions to reflect all
modifications. For additional items or SINs, the Contractor shall obtain the Contracting Officer's
approval before transmitting changes. Contract modifications will not be made effective until the
Government receives the electronic file updates. The Contractor may transmit price reductions and
corrections without prior approval. However, the Contractor shall notify the Contracting Officer as set
forth in the Price Reductions clause at 552.238-75.
(e) Amendments to Paper Federal Supply Schedule Price Lists.
(1) The Contractor must provide supplements to its paper price lists, reflecting the most current
changes. The Contractor may either:
(i) Distribute a supplemental paper Federal Supply Schedule Price List within
15 workdays after the effective date of each modification.
(ii) Distribute quarterly cumulative supplements. The period covered by a cumulative
supplement is at the discretion of the Contractor, but may not exceed three calendar
months from the effective date of the earliest modification. For example, if the first
modification occurs in February, the quarterly supplement must cover February—April,
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and every 3 month period after. The Contractor must distribute each quarterly cumulative
supplement within 15 workdays from the last day of the calendar quarter.
(2) At a minimum, the Contractor shall distribute each supplement to those ordering activities that
previously received the basic document. In addition, the Contractor shall submit two copies of
each supplement to the Contracting Officer and one copy to the FSS Schedule Information
Center.
Note: Regulation 552.243-72
Vendors are highly encouraged to submit contract modifications using the eOffer/eMod
system (http://eoffer.gsa.gov/). Please note that Digital Certificates are required when using
the eOffer/eMod system. If you prefer to send your modification request via email or
hardcopy, you must submit your request through the Central Intake Desk (CID):
Via email: sched70mod@gsa.gov
Via US Mail:
ATTN: Central Intake Desk
Center for IT Schedule 70 Program
2200 Crystal Drive,
CP#4, Suite 600
Arlington, VA 22202
C-FSS-370 CONTRACTOR TASKS / SPECIAL REQUIREMENTS
(NOV 2003)
(a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security
clearances in the performance of orders issued under this contract. All costs associated with
obtaining/possessing such security clearances should be factored into the price offered under the
Multiple Award Schedule.
(b) Travel: The Contractor may be required to travel in performance of orders issued under this
contract. Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and
are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under
the Multiple Award Schedule. Travel in performance of a task order will only be reimbursable to the
extent authorized by the ordering agency. The Industrial Funding Fee does NOT apply to travel and per
diem charges.
(c) Certifications, Licenses and Accreditations: As a commercial practice, the Contractor may be
required to obtain/possess any variety of certifications, licenses and accreditations for specific
FSC/service code classifications offered. All costs associated with obtaining/ possessing such
certifications, licenses and accreditations should be factored into the price offered under the Multiple
Award Schedule program.
(d) Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance
coverage for specific FSC/service code classifications offered. All costs associated with
obtaining/possessing such insurance should be factored into the price offered under the Multiple Award
Schedule program.
(e) Personnel: The Contractor may be required to provide key personnel, resumes or skill category
descriptions in the performance of orders issued under this contract. Ordering activities may require
agency approval of additions or replacements to key personnel.
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(f) Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as
determined by the ordering agency, the Contractor’s participation in such order may be restricted in
accordance with FAR Part 9.5.
(g) Documentation/Standards: The Contractor may be requested to provide products or services in
accordance with rules, regulations, OMB orders, standards and documentation as specified by the
agency’s order.
(h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as
specified or negotiated in the agency’s order.
(i) Government-Furnished Property: As specified by the agency’s order, the Government may provide
property, equipment, materials or resources as necessary.
(j) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific
fiscal year. Funds may not be presently available for any orders placed under the contract or any option
year. The Government’s obligation on orders placed under this contract is contingent upon the
availability of appropriated funds from which payment for ordering purposes can be made. No legal
liability on the part of the Government for any payment may arise until funds are available to the
ordering Contracting Officer.
(k) Overtime: For professional services, the labor rates in the Schedule should not vary by virtue of the
Contractor having worked overtime. For services applicable to the Service Contract Act (as identified
in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a
time and a half of the labor rate).
C-FSS-412 CHARACTERISTICS OF ELECTRIC CURRENT
(MAY 2000)
Contractors supplying equipment which uses electrical current are required to supply equipment suitable for
the electrical system at the location at which the equipment is to be used as specified on the order.
C-FSS-427 ANSI STANDARDS (JUL 1991)
ANSI Standards cited in this solicitation may be obtained from the American National Standards Institute,
Inc., 11 West 42nd Street, 13th Floor, New York, NY 10036 (Tel: (212) 642-4900).
CI-FSS-002 SUBMISSION OF OFFERS—ADDITIONAL
INSTRUCTIONS (MAR 1996)
Offerors are requested to submit a signed original and 2 copies of SF-1449 together with all addenda and
attachments complete in every respect with the exception of oversized blueprints, drawings, or similar
documents attached to the solicitation. Oversized blueprints, drawings, or similar documents are not required
to be duplicated for the purpose of submitting a duplicate copy of the offer to GSA.
CI-FSS-052 AUTHENTICATION PRODUCTS AND SERVICES (JAN
2010)
(a) General Background.
(1) The General Services Administration (GSA) originally established the Access Certificates for
Electronic Services (ACES) Program to provide digital certificates and PKI services for enabling
e-Government applications that require logical access control, digital signature and/or electronic
authentication. The ACES Program provided for the issuance of electronic credentials to
individuals and entities external to the Federal Government. The Federal PKI Policy Authority
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approved the policies and requirements of the ACES Program to satisfy the Federal requirements
for cross-certification with the Federal Bridge Certification Authority (FBCA) and participation
in the Federal e-Authentication initiative. The term “Identity and Access Management” (IAM) is
now being used to clearly define the kinds of services that meet the requirements for service
providers and products that support FISMA-compliant IAM systems deployed by federal
agencies. In addition, many states have adopted corresponding standards for IAM.
(2) Homeland Security Presidential Directive 12 (HSPD-12), “Policy for a Common
Identification Standard for Federal Employees and Contractors” establishes the requirement for a
mandatory Government-wide standard for secure and reliable forms of identification issued by
the Federal Government to its employees and contractor employees assigned to Government
contracts in order to enhance security, increase Government efficiency, reduce identity fraud, and
protect personal privacy. Further, the Directive requires the Department of Commerce to
promulgate a Federal standard for secure and reliable forms of identification within six months of
the date of the Directive. As a result, the National Institute of Standards and Technology (NIST)
released Federal Information Processing Standard (FIPS) 201: Personal Identity Verification of
Federal Employees and Contractors on February 25, 2005. FIPS 201 requires that the digital
certificates incorporated into the Personal Identity Verification (PIV) identity credentials comply
with the X.509 Certificate Policy for the U.S. Federal PKI Common Policy Framework. In
addition, FIPS 201 requires that Federal identity badges referred to as PIV credentials, issued to
Federal employees and contractors comply with the Standard and associated NIST Special
Publications 800-73, 800-76, 800-78, and 800-79.
(b) Special Item Numbers.
The General Services Administration has established the e-Authentication Initiative (see URL:
http://www.idmanagement.gov) to provide common infrastructure for the authentication of the
public and internal federal users for logical access to Federal e-Government applications and
electronic services. To support the government-wide implementation of HSPD-12 and the Federal
e-Authentication Initiative, GSA has established Special Item Numbers (SINs) pertaining to
Authentication Products and Services, including Electronic Credentials, Digital Certificates,
e-Authentication, Identify and Access Management, PKI Shared Service Providers, and HSPD-12
Product and Service Components.
(c) Qualification Information.
(1) All Authentication Products and Services must be qualified as being compliant with
Government-wide requirements before they will be included on a GSA Information Technology
(IT) Schedule contract. The Qualification Requirements and associated evaluation procedures
against the Qualification Requirements for each SIN and the specific Qualification Requirements
for HSPD-12 implementation components are presented at the following URL:
http://www.idmanagement.gov.
(2) In addition, the National Institute of Standards and Technology (NIST) has established the
NIST Personal Identity Verification Program (NPIVP) to evaluate integrated circuit chip cards
and products against conformance requirements contained in FIPS 201. GSA has established the
FIPS 201Evaluation Program to evaluate other products needed for agency implementation of
HSPD-12 requirements where normative requirements are specified in FIPS 201 and to perform
card and reader interface testing for interoperability. Products that are approved as FIPS-201
compliant through these evaluation and testing programs may be offered directly through the
HSPD-12 Product and Services Components SIN, under the category “Approved FIPS
201-Compliant Products and services”.
(d) Qualification Requirements.
(1) Offerors proposing Authentication products and services under the established Special Item
Numbers (SINs) are required to provide the following:
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(i) Proposed items must be determined to be compliant with Federal requirements for that
Special Item Number. Qualification Requirements and procedures for the evaluation of
products and services are posted at the URL: http://www.idmanagement.gov. GSA will
follow these procedures in qualifying offeror’s products and services against the
Qualification Requirements for applicable to SIN. Offerors must submit all
documentation certification letter(s) for Authentication Products and Services offerings at
the same time as the submission of proposal. Award will be dependent upon receipt of
official documentation from the Acquisition Program Management Office (APMO) listed
below verifying satisfactory qualification against the Qualification Requirements of the
proposed SIN(s).
(ii) After award, Contractor agrees that certified products and services will not be offered
under any other SIN on any GSA Multiple Award Schedule.
(iii) (A) If the Contractor changes the products or services previously qualified, GSA
may require the contractor to resubmit the products or services for
re-qualification.
(B) If the Federal Government changes the qualification requirements or
standards, Contractor must resubmit the products and services for re-qualification.
(2) Immediately prior to making an award, Contracting Officers MUST consult the following
website to ensure that the supplies and/or services recommended for award under any
Authentication Products and Services SINs are in compliance with the latest APL qualification
standards: www.idmanagement.gov . A dated copy of the applicable page should be made and
included with award documents.
(e) Demonstrating Conformance.
(1) The Federal Government has established Qualification Requirements for demonstrating
conformance with the Standards. The following websites provide additional information
regarding the evaluation and qualification processes:
(i) For Access Certificates for Electronic Services (ACES) and PKI Shared Service
Provider (SSP) Qualification Requirements and evaluation procedures:
http://www.idmanagement.gov;
(ii) For HSPD-12 Product and Service Components Qualification Requirements and
evaluation procedures: http://www.idmanagement.gov;
(iii) For FIPS 201 compliant products and services qualification and approval procedures:
http://www.csrc.nist.gov/piv-project/ and http://www.smart.gov .
(f) Acquisition Program Management Office (APMO).
GSA has established the APMO to provide centralized technical oversight and management
regarding the qualification process to industry partners and Federal agencies. Contact the
following APMO for information on the e-Authentication Qualification process. Technical,
APMO, FIPS 201and HSPD-12 Points of Contacts can be found below, or in an additional
attachment to the Solicitation.
See Attachment
CI-FSS-055 COMMERCIAL SATELLITE COMMUNICATION
(COMSATCOM) SERVICES (JAN 2010)
(a) General Background.
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Special Item Numbers (SINs) have been established for Commercial Satellite Communications
(COMSATCOM) services, focused on transponded capacity (SIN 132-54) and fixed and mobile
subscription services (SIN 132-55), to make available common COMSATCOM services to all Ordering
Activities.
(b) Information Assurance.
(1) The Contractor shall demonstrate, to the maximum extent practicable, the ability to meet:
(i) The Committee on National Security Systems Policy (CNSSP) 12, “National
Information Assurance Policy for Space Systems used to Support National Security
Missions,” or
(ii) Department of Defense Directive (DoDD) 8581.1, “Information Assurance (IA)
Policy for Space Systems Used by the Department of Defense.”
(2) The Contractor shall demonstrate the ability to comply with the Federal Information Security
Management Act of 2002 as implemented by Federal Information Processing Standards
Publication 200 (FIPS 200), “Minimum Security Requirements for Federal Information and
Information Systems.” In response to Ordering Activity requirements, at a minimum, all services
shall meet the requirements assigned against:
(i) A low-impact information system (per FIPS 200) that is described in the current
revision of National Institute of Standards and Technology (NIST) Special Publication
(SP) 800-53, “Recommended Security Controls for Federal Information Systems and
Organizations,” or
(ii) A Mission Assurance Category (MAC) III system that is described in the current
revision of DoD Instruction (DoDI) 8500.2, “Information Assurance Implementation.”
(3) The Contractor’s information assurance boundary is where the Contractor’s services connect
to the user terminals/equipment (i.e., includes satellite command encryption (ground and space);
systems used in the Satellite Operations Centers (SOCs), Network Operations Centers (NOCs)
and teleport; and terrestrial infrastructure required for service delivery).
(c) Delivery Schedule.
The Contractor shall deliver COMSATCOM services in accordance with 552.211-78.
(d) Portability.
The Contractor shall have the capability to redeploy COMSATCOM services, subject to availability.
Portability shall be provided within the COMSATCOM Contractor’s resources at any time as requested
by the Ordering Activity. When portability is exercised, evidence of equivalent net present value (NPV)
shall be provided by the Contractor.
(e) Flexibility/Optimization.
The Contractor shall have the capability to re-groom resources for spectral, operational, or price
efficiencies. Flexibility/optimization shall be provided within the COMSATCOM Contractor’s
resources at any time as requested by the Ordering Activity. When flexibility/optimization is exercised,
evidence of equivalent net present value (NPV) shall be provided by the contractor. The Contractor is
encouraged to submit re-grooming approaches for Ordering Activity consideration that may increase
efficiencies for existing COMSATCOM services.
(f) Net Ready (Interoperability).
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COMSATCOM services shall be consistent with commercial standards and practices. Services shall
have the capability to access and/or interoperate with Government or other Commercial
teleports/gateways and provide enterprise service access to or among networks or enclaves. Interfaces
may be identified as interoperable on the basis of participation in a sponsored interoperability program.
(g) Network Monitoring (Net OPS).
The Contractor shall have the capability to electronically collect and deliver near real-time monitoring,
fault/incident/outage reporting, and information access to ensure effective and efficient operations,
performance, and availability, consistent with commercial practices. Consistent with the Contractor’s
standard management practices, the Net Ops information will be provided on a frequency (example:
every 6 hours, daily) and format (example: SNMP, XML) as defined in a requirement to a
location/entity/electronic interface defined by the Ordering Activity. Specific reporting requirements
will be defined by the Ordering Activity.
(h) EMI/RFI Identification, Characterization, and Geo-location.
The Contractor shall have the capability to collect and electronically report in near real-time Electro
Magnetic Interference (EMI) / Radio Frequency Interference (RFI) identification, characterization, and
geo-location, including the ability to identify and characterize sub-carrier EMI/RFI being transmitted
underneath an authorized carrier, and the ability to geo-locate the source of any and all EMI/RFI. The
Contractor shall establish and use with the Ordering Activity a mutually agreed upon media and voice
communications capability capable of protecting “Sensitive, but Unclassified” data.
(i) Security.
(1) The contractor may be required to obtain/possess varying levels of personnel and facility
security clearances up to U.S. Government TOP SECRET/Sensitive Compartmented Information
(TS/SCI) or equivalent clearances assigned by the National Security Authority of a NATO
Member State or Major Non-NATO Ally.
(2) For incident resolution involving classified matters, the Contractor shall provide appropriately
cleared staff who can affect COMSATCOM services operations (example: satellite payload
operations, network operations). The Contractor shall provide a minimum of one operations staff
member AND a minimum of one person with the authority to commit the company if resolution
requires business impacting decisions (example: Chief Executive Officer, Chief Operations
Officer, etc.).
(3) When Communications Security or Transmission Security equipment or keying material is
placed in the equipment/terminal shelter, the Contractor shall ensure compliance with applicable
physical security directives/guidelines and that all deployed equipment/terminal operations and
maintenance personnel shall possess the appropriate clearances, equal to or higher than the
classification level of the data being transmitted. Where local regulations require use of foreign
personnel for terminal operations and maintenance, then the Contractor shall ensure compliance
with applicable security directives/guidelines and document to the U.S. Government’s satisfaction
that protective measures are in place and such individuals have equivalent clearances granted by
the local host nation.
(4) For classified operations security (OPSEC), the Contractor shall ensure that all personnel in
direct contact with classified OPSEC indicators (example: the unit, location, and time of
operations) have U.S. SECRET or higher personnel security clearances, or, as appropriate,
equivalent clearances assigned by the National Security Authority of a NATO Member State or
Major Non-NATO Ally, in accordance with applicable security directives and guidelines.
(5) For classified requirements, cleared satellite operator staff must have access to secure voice
communications for emergency purposes. Communications security equipment certified by the
National Security Agency (NSA) to secure unclassified and up to and including SECRET
communication transmissions at all operations centers is preferred. If a Contractor is unable to
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have access to NSA-approved communications security equipment at its operations centers, then
a combination of a “Sensitive but Unclassified” (SBU) cryptographic module approved by the
U.S. National Institute for Standards and Technology and pre-arranged access to National
Security Agency-approved communications security equipment at an agreed alternate facility is
acceptable.
(6) The Contractor shall have the capability to “mask” or “protect” users against unauthorized
release of identifying information to any entity that could compromise operations security.
Identifying information includes but is not limited to personal user and/or unit information
including tail numbers, unit names, unit numbers, individual names, individual contact numbers,
street addresses, etc.
(j) Third party billing for COMSATCOM subscription services.
The Contractor shall identify authorized network infrastructure for the Ordering Activity. In some
cases, the user of the terminal may access network infrastructure owned or operated by a third party. In
the event a terminal is used on a third party’s network infrastructure, the Contractor shall provide to the
Ordering Activity, invoices and documentation reflecting actual usage amount and third party charges
incurred. The Ordering Activity shall be billed the actual third party charges incurred, or the contract
third party billing price, whichever is less.
CI-FSS-056 FEDERAL ACQUISITION REGULATION (FAR) PART
51 DEVIATION AUTHORITY (FEDERAL SUPPLY SCHEDULES)
(JAN 2010)
(a)General Background.
On October 8, 2009, a class deviation to FAR Part 51 was granted by GSA’s Senior Procurement
Executive in accordance with FAR Subpart 1.404, Class deviations. The deviation permits federal
contracting officers to authorize GSA contractors, who are performing an order on a time-and-material
or labor-hour basis, to purchase supplies and services from schedule contractors or to process
requisitions through the Global Supply Program.
(b)Orders.
Orders placed using the FAR Part 51 deviation shall be:
(1) Placed on a time-and-materials (T&M)/labor-hour (LH) basis—an order placed by the Federal
Government to the buying contractor can be partially fixed price, but the portion of the order for
the items to be procured using the FAR Part 51 deviation shall be T&M/LH;
(2) For ancillary supplies/services that are in support of the overall order such that the items are
not the primary purpose of the work ordered, but are an integral part of the total solution offered;
(3) Issued in accordance with the procedures in FAR 8.405-1, Ordering Procedures for supplies,
and services not requiring a statement of work;
(4) Placed by the Federal Government. The authorization is NOT available to state and local
governments.
(c) For comprehensive guidance on the proper use the FAR Part 51 authority granted by the deviation,
please refer to the Ordering Guide at www.gsa.gov/far51deviation.
D-FSS-471 MARKING AND DOCUMENTATION REQUIREMENTS
PER SHIPMENT (APR 1984)
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It shall be the responsibility of the Ordering Office to determine the full marking and documentation
requirements necessary under the various methods of shipment authorized by the contract. Set forth below is
the minimum information and documentation that will be required for shipment. In the event the Ordering
Office fails to provide the essential information and documentation, the Contractor shall, within three days
after receipt of order, contact the Ordering Office and advise them accordingly. The Contractor shall not
proceed with any shipment requiring transshipment via U.S. Government facilities without the below stated
prerequisites:
Direct Shipments. The Contractor shall mark all items ordered against this contract with indelible ink, paint
or fluid, as follows:
(1) Traffic Management or Transportation Officer at FINAL destination.
(2) Ordering Supply Account Number.
(3) Account number.
(4) Delivery Order or Purchase Order Number.
(5) National Stock Number, if applicable; or Contractor's item number.
(6) Box ________ of ________ Boxes.
(7) Nomenclature (brief description of items).
D-FSS-477 TRANSSHIPMENTS (APR 1984)
The Contractor shall complete TWO DD Forms 1387, Military Shipment Labels and, if applicable, four
copies of DD Form 1387-2, Special Handling/Data Certification—used when shipping chemicals, dangerous
cargo, etc. Two copies of the DD Form 1387 will be attached to EACH shipping container delivered to the
port Transportation Officer for subsequent transshipment by the Government as otherwise provided for under
the terms of this contract. These forms will be attached to one end and one side (NOT on the top or bottom)
of the container. The Contractor will complete the bottom line of these forms, which pertains to the number
of pieces, weight and cube of each piece, using U.S. weight and cubic measures. Weights will be rounded off
to the nearest pound. (One kg = 2.2 U.S. pounds; one cubic meter = 35.3156 cubic feet.) In addition, if the
cargo consists of chemicals, or is dangerous, one copy of the DD Form 1387 2 will be attached to the
container, and three copies will be furnished to the Transportation Officer with the Bill of Lading.
DANGEROUS CARGO WILL NOT BE INTERMINGLED WITH NONDANGEROUS CARGO IN THE
SAME CONTAINER. Copies of the above forms, and preparation instructions will be obtained from the
Ordering Office issuing the Delivery Order. Reproduced copies of the forms are acceptable. FAILURE TO
INCLUDE DD FORMS 1387 (AND DD FORM 1387-2, IF APPLICABLE) ON EACH SHIPPING
CONTAINER WILL RESULT IN REJECTION OF SHIPMENT BY THE PORT TRANSPORTATION
OFFICER.
F-FSS-202-F DELIVERY PRICES (APR 1984)
Prices offered must cover delivery to destinations as provided below:
(a) Direct delivery to consignee. F.o.b. inland point, country of importation (FAR 52.247-39). (Offeror
to indicate countries where direct delivery will be provided.)
(b) Delivery to overseas assembly point for transshipment when specified by the ordering office, if
delivery is not covered under paragraph (a), above.
(c) Delivery to the overseas port of entry when delivery is not covered under paragraphs (a) or (b),
above.
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Offerors are requested to furnish below the geographic area(s)/countries/zones which are intended to be
covered.
GEOGRAPHIC AREA(S)/COUNTRIES/ZONES
F-FSS-202-G DELIVERY PRICES (JAN 1994)
(a) Prices offered must cover delivery as provided below to destinations located within the 48
contiguous States and the District of Columbia.
(1) Delivery to the door of the specified Government activity by freight or express common
carriers on articles for which store-door delivery is provided, free or subject to a charge, pursuant
to regularly published tariffs duly filed with the Federal and/or State regulatory bodies governing
such carrier; or, at the option of the Contractor, by parcel post on mailable articles, or by the
Contractor's vehicle. Where store-door delivery is subject to a charge, the Contractor shall (a)
place the notation "Delivery Service Requested" on bills of lading covering such shipments, and
(b) pay such charge and add the actual cost thereof as a separate item to his invoice.
(2) Delivery to siding at destinations when specified by the ordering office, if delivery is not
covered under paragraph (a)(1), above.
(3) Delivery to the freight station nearest destination when delivery is not covered under
paragraph (a)(1) or (a)(2), above.
(b) The offeror is requested to indicate below whether or not prices submitted cover delivery f.o.b.
destination in Alaska, Hawaii, and the Commonwealth of Puerto Rico.
Yes No
Alaska
Hawaii
Puerto Rico
(c) When deliveries are made to destinations outside the contiguous 48 States; i.e., Alaska, Hawaii, and
the Commonwealth of Puerto Rico, and are not covered by paragraph (b), above, the following
conditions will apply:
(1) Delivery will be f.o.b. inland carrier, point of exportation (FAR 52.247-38), with the
transportation charges to be paid by the Government from point of exportation to destination in
Alaska, Hawaii, or the Commonwealth of Puerto Rico, as designated by the ordering office. The
Contractor shall add the actual cost of transportation to destination from the point of exportation
in the 48 contiguous States nearest to the designated destination. Such costs will, in all cases, be
based upon the lowest regularly established rates on file with the Interstate Commerce
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Commission, the U.S. Maritime Commission (if shipped by water), or any State regulatory body,
or those published by the U.S. Postal Service; and must be supported by paid freight or express
receipt or by a statement of parcel post charges including weight of shipment.
(2) The right is reserved to ordering agencies to furnish Government bills of lading.
(d) Ordering offices will be required to pay differential between freight charges and express charges
where express deliveries are desired by the Government.
F-FSS-230 DELIVERIES TO THE U.S. POSTAL SERVICE
(JAN 1994)
(a)Applicability. This clause applies to orders placed for the U.S. Postal Service (USPS) and accepted
by the Contractor for the delivery of supplies to a USPS facility (consignee).
(b)Mode/Method of Transportation. Unless the Contracting Officer grants a waiver of this requirement,
any shipment that meets the USPS requirements for mailability (i.e., 70 pounds or less, combined
length and girth not more than 108 inches, etc.) delivery shall be accomplished via the use of the USPS.
Other commercial services shall not be used, but this does not preclude the Contractor from making
delivery by the use of the Contractor's own vehicles.
(c)Time of Delivery. Notwithstanding the required time for delivery to destination as may be specified
elsewhere in this contract, if shipments under this clause are mailed not later than five (5) calendar days
before the required delivery date, delivery shall be deemed to have been made timely.
G-FSS-900-C CONTACT FOR CONTRACT ADMINISTRATION
(JUL 2003)
Offerors should complete paragraphs (a) and (b) if providing both domestic and overseas delivery. Complete
paragraph (a) if providing domestic delivery only. Complete paragraph (b) if providing overseas delivery
only.
The Contractor shall designate a person to serve as the contract administrator for the contract both
domestically and overseas. The contract administrator is responsible for overall compliance with contract
terms and conditions. The contract administrator is also the responsible official for issues concerning
552.238-74, Industrial Funding Fee and Sales Reporting (JUL 2003), including reviews of contractor records.
The Contractor’s designation of representatives to handle certain functions under this contract does not
relieve the contract administrator of responsibility for contract compliance. Any changes to the designated
individual must be provided to the Contracting Officer in writing, with the proposed effective date of the
change
(a) Domestic:
NAME ______________________________________________________________________
TITLE ______________________________________________________________________
ADDRESS ___________________________________________________________________
ZIP CODE ___________________________________________________________________
TELEPHONE NO. (_______) __________________ FAX NO. ________________________
E-MAIL ADDRESS ___________________________________________________________
(b) Overseas: Overseas contact points are mandatory for local assistance with the resolution of any
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delivery, performance, or quality complaint from customer agencies. (Also, see the requirement in
I-FSS-594, Parts and Service.) At a minimum, a contact point must be furnished for each area in which
deliveries are contemplated, e.g., Europe, South America, Far East, etc.
NAME ______________________________________________________________________
TITLE ______________________________________________________________________
ADDRESS ___________________________________________________________________
ZIP CODE ___________________________________________________________________
TELEPHONE NO. (_______) __________________ FAX NO. ________________________
E-MAIL ADDRESS ___________________________________________________________
G-FSS-906 VENDOR MANAGED INVENTORY (VMI) PROGRAM
(MAS) (JAN 1999)
(a) The term “Vendor Managed Inventory” describes a system in which the Contractor monitors and
maintains specified inventory levels for selected items at designated stocking points. VMI enables the
Contractor to plan production and shipping more efficiently. Stocking points benefit from reduced
inventory but steady stock levels.
(b) Contractors that commercially provide a VMI-type system may enter into similar partnerships with
customers under a Blanket Purchase Agreement.
G-FSS-907 ORDER ACKNOWLEDGEMENT (APR 1984)
Contractors shall acknowledge only those orders which state "Order Acknowledgement Required." These
orders shall be acknowledged within 10 days after receipt. Such acknowledgement shall be sent to the activity
placing the order and contain information pertinent to the order, including the anticipated delivery date.
G-FSS-910 DELIVERIES BEYOND THE CONTRACTUAL
PERIOD—PLACING OF ORDERS (OCT 1988)
In accordance with the Scope of Contract clause, this contract covers all requirements that may be ordered, as
distinguished from delivered during the contract term. This is for the purpose of providing continuity of
supply by permitting ordering activities to place orders as requirements arise in the normal course of supply
operations. Accordingly, any order mailed (or received, if forwarded by other means than through the mail) to
the Contractor on or before the expiration date of the contract, and providing for delivery within the number
of days specified in the contract, shall constitute a valid order.
I-FSS-106 GUARANTEED MINIMUM (JUL 2003)
The minimum that the Government agrees to order during the period of this contract is $2,500. If the
Contractor receives total orders for less than $2,500 during the term of the contract, the Government will pay
the difference between the amount ordered and $2,500.
(a) Payment of any amount due under this clause shall be contingent upon the Contractor’s timely
submission of GSA Form 72A reports (see GSAR 552.238-74 “Industrial Funding Fee and Sales
Reporting”) during the period of the contract and receipt of the close-out sales report pursuant to GSAR
552.238-74.
(b) The guaranteed minimum applies only if the contract expires or contract cancellation is initiated by
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the Government. The guaranteed minimum does not apply if the contract is terminated for cause or if
the contract is canceled at the request of the Contractor.
I-FSS-108 CLAUSES FOR OVERSEAS COVERAGE (MAY 2000)
The following clauses apply to overseas coverage.
52.214-34 Submission of Offers in the English Language
52.214-35 Submission of Offers in U.S. Currency
52.247-34 FOB Destination
52.247-38 FOB Inland Carrier, Country of Exportation
52.247-39 FOB Inland Point, Country of Importation
C-FSS-412 Characteristics of Electric Current
D-FSS-471 Marking and Documentation Requirements Per Shipment
D-FSS-477 Transshipments
F-FSS-202-F Delivery Prices
I-FSS-314 Foreign Taxes and Duties
I-FSS-594 Parts and Service
I-FSS-109 ENGLISH LANGUAGE AND U.S. DOLLAR
REQUIREMENTS (MAR 1998)
(a) All documents produced by the Contractor to fulfill requirements of this contract including, but not
limited to, Federal Supply Schedule catalogs and pricelists, must reflect all terms and conditions in the
English language.
(b) U.S. dollar equivalency, if applicable, will be based on the rates published in the “Treasury
Reporting Rates of Exchange” in effect as of the date of the agency’s purchase order or in effect during
the time period specified elsewhere in this contract.
I-FSS-140-B URGENT REQUIREMENTS (JAN 1994)
When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery
requirements of an ordering agency, agencies are encouraged, if time permits, to contact the Contractor for
the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays
after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an
accelerated delivery time acceptable to the ordering agency, any order(s) placed pursuant to the agreed upon
accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all
other terms and conditions of the contract.
I-FSS-163 OPTION TO EXTEND THE TERM OF THE CONTRACT
(EVERGREEN) (APR 2000)
(a) The Government may require continued performance of this contract for an additional 5 year period
when it is determined that exercising the option is advantageous to the Government considering price
and other factors.. The option clause may not be exercised more than three times. When the option to
extend the term of this contract is exercised the following conditions are applicable:
(1) It is determined that exercising the option is advantageous to the Government considering
price and the other factors covered in (2 through 4 below).
(2) The Contractor’s electronic catalog/pricelist has been received, approved, posted, and kept
current on GSA Advantage!™ in accordance with clause I-FSS-600, Contract Price Lists.
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(3) Performance has been acceptable under the contract.
(4) Subcontracting goals have been reviewed and approved.
(b) The Contracting Officer may exercise the option by providing a written notice to the Contractor
within 30 days, unless otherwise noted, prior to the expiration of the contract or option.
(c) When the Government exercises its option to extend the term of this contract, prices in effect at the
time the option is exercised will remain in effect during the option period, unless an adjustment is made
in accordance with another contract clause (e.g., Economic Price Adjustment Clause or Price Reduction
Clause).
I-FSS-314 FOREIGN TAXES AND DUTIES (DEC 1990)
Prices offered must be net, delivered, f.o.b. to the destinations accepted by the Government.
(a) The offeror warrants that such prices do not include any tax, duty, customs fees, or other foreign
Governmental costs, assessments, or similar charges from which the U.S. Government is exempt. The
offeror further warrants that any applicable taxes duties, customs fees, other Government costs,
assessments or similar charges from which the U.S. Government is not exempt are included in the
prices quoted and that such prices are not subject to increases for any such charges applicable at the
time of acceptance of this offer by the Government.
(b) Standard commercial export packaging, including containerization, if necessary, packaging,
preservation, marking are included in the pricing offered and accepted by the Government.
I-FSS-40 CONTRACTOR TEAM ARRANGEMENTS (JUL 2003)
Contractors participating in contractor team arrangements must abide by all terms and conditions of their
respective contracts. This includes compliance with contract clause 552.238-74, Industrial Funding Fee and
Sales Reporting, i.e., each contractor (team member) must report sales and remit the IFF for all products and
services provided under its individual contract.
I-FSS-50 PERFORMANCE REPORTING REQUIREMENTS (FEB
1995)
(a) This clause applies to all contracts estimated to exceed $100,000.
(b) Unless notified otherwise in writing by the Contracting Officer, the Contractor may assume contract
performance is satisfactory.
(c) If negative performance information is submitted by customer agencies, the Contracting Officer will
notify the Contractor in writing and provide copies of any complaints received. The Contractor will
have 30 calendar days from receipt of this notification to submit a rebuttal and/or a report of corrective
actions taken.
I-FSS-594 PARTS AND SERVICE (OCT 1988)
(1) For equipment under items listed in the schedule of items or services on which offers are submitted,
the offeror certifies by submission of this offer that parts and services (including the performing of
warranty or guarantee service) are now available from dealers or distributors serving the areas of
ultimate overseas destination or that such facilities will be established and will be maintained
throughout the contract period. If a new servicing facility is to be established, the facility shall be
established no later than the beginning of the contract period.
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(2) Each Contractor shall be fully responsible for the services to be performed by the named servicing
facilities, or by such facilities to be established, and fully guarantees performance of such services if the
original service proves unsatisfactory.
(3) Offerors are requested to include in the pricelist, the names and addresses of all supply and service
points maintained in the geographic area in which the Contractor will perform. Please indicate opposite
each point whether or not a complete stock of repair parts for items offered is carried at that point, and
whether or not mechanical service is available.
GEOGRAPHIC AREA ADDRESS OF SUPPLY AND
SERVICE POINT
It is desired to have available means for maintaining Government-owned items in satisfactory operating
condition and to receive service at least as good as that extended to commercial customers.
I-FSS-597 GSA ADVANTAGE!™ (SEP 2000)
(a) The Contractor must participate in the GSA Advantage!™ online shopping service. Information and
instructions regarding contractor participation are contained in clause I-FSS-599, Electronic Commerce.
(b) The Contractor also should refer to contract clauses 552.238-71, Submission and Distribution of
Authorized GSA Schedule Pricelists (which provides for submission of pricelists on a common-use
electronic medium), I-FSS-600, Contract Pricelists (which provides information on electronic contract
data), and 552.243-72, Modifications (which addresses electronic file updates).
I-FSS-599 ELECTRONIC COMMERCE—FACNET (SEP 2006)
(a) General Background.
The Federal Acquisition Streamlining Act (FASA) of 1994 establishes the Federal Acquisition
Computer Network (FACNET) requiring the Government to evolve its acquisition process from one
driven by paperwork into an expedited process based on electronic commerce/electronic data
interchange (EC/EDI). EC/EDI means more than merely automating manual processes and eliminating
paper transactions. It can and will help to move business processes (e.g., procurement, finance,
logistics, etc.) into a fully electronic environment and fundamentally change the way organizations
operate.
(b) Trading Partners and Value-Added Networks (VAN’s).
Within the FACNET architecture, electronic documents (e.g., orders, invoices, etc.) are carried between
the Federal Government's procuring office and contractors (now known as "trading partners"). These
transactions are carried by commercial telecommunications companies called Value-Added Networks
(VAN’s).
EDI can be done using commercially available hardware, software, and telecommunications. The
selection of a VAN is a business decision contractors must make. There are many different VAN’s
which provide a variety of electronic services and different pricing strategies. If your VAN only
provides communications services, you may also need a software translation package.
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(c) Registration Instructions.
DOD will require Contractors to register as trading partners to do business with the Government. This
policy can be reviewed via the INTERNET at
http://www.defenselink.mil/releases/1999/b03011999_bt079-99.html.
To do EDI with the Government, Contractors must register as a trading partner. Contractors will
provide regular business information, banking information, and EDI capabilities to all agencies in this
single registration. A central repository of all trading partners, called the Central Contractor
Registration (CCR) http://www.ccr.gov/, has been developed. All Government procuring offices and
other interested parties will have access to this central repository. The database is structured to identify
the types of data elements which are public information and those which are confidential and not
releasable.
To register, contractors must provide their Dun and Bradstreet (DUNS) number. The DUNS number is
available by calling 1(800)333-0505. It is provided and maintained free of charge and only takes a few
minutes to obtain. Contractors will need to provide their Tax Identification Number (TIN). The TIN is
assigned by the Internal Revenue Service by calling 1(800)829-1040. Contractors will also be required
to provide information about company bank or financial institution for electronic funds transfer (EFT).
Contractors may register through on-line at http://www.ccr.gov/ or through their Value Added Network
(VAN) using an American National Standards Institute (ANSI) ASC X12 838 transaction set, called a
"Trading Partner Profile." A transaction set is a standard format for moving electronic data. VAN’s will
be able to assist contractors with registration.
(d) Implementation Conventions.
All EDI transactions must comply with the Federal Implementation Conventions (IC’s). Many VAN’s
and software providers have already built the IC requirements into their products. If you need to see the
IC’s, they are available on a registry maintained by the National Institute of Standards and Technology
(NIST). It is accessible via the INTERNET at http://www.itl.nist.gov/lab/csl-pubs.htm. IC’s are
available for common business documents such as Purchase Order, Price Sales Catalog, Invoice,
Request for Quotes, etc.
(e) Additional Information.
GSA has additional information available for vendors who are interested in starting to use EC/EDI.
Contact the Contracting Officer for a copy of the latest handbook. Several resources are available to
vendors to assist in implementing EC/EDI; specific addresses are available in the handbook or from the
Contracting Officer:
(1) Electronic Commerce Resource Centers (ECRC’s) are a network of U.S.
Government-sponsored centers that provide EC/EDI training and support to the contractor
community. They are found in over a dozen locations around the country.
(2) Procurement Technical Assistance Centers (PTAC’s) and Small Business Development
Centers (SBDC’s) provide management assistance to small business owners. Each state has
several locations.
(3) Most major US cities have an EDI user group of companies who meet periodically to share
information on EDI-related subjects.
(f) GSA Advantage!™.
(1) GSA Advantage!™ will use this FACNET system to receive catalogs, invoices and text
messages; and to send purchase orders, application advice, and functional acknowledgments.
GSA Advantage!™ enables customers to:
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(i) Perform database searches across all contracts by manufacturer; manufacturer’s
model/part number; vendor; and generic product categories.
(ii) Generate their own EDI delivery orders to contractors, generate EDI delivery orders
from the Federal Supply Service to contractors, or download files to create their own
delivery orders.
(iii) Use the Federal IMPAC VISA.
(2) GSA Advantage!™ may be accessed via the GSA Home Page. The INTERNET address is:
http://www.gsa.gov, or http://www.fss.gsa.gov.
I-FSS-60 PERFORMANCE INCENTIVES (APR 2000)
(a) Performance incentives may be agreed upon between the contractor and the ordering office on
individual orders or Blanket Purchase Agreements under this contract in accordance with this clause.
(b) The ordering office must establish a maximum performance incentive price for these services and/or
total solutions, on individual orders or Blanket Purchase Agreements.
(c) Incentives should be designed to relate results achieved by the contractor to specified targets. To
the maximum extent practicable, ordering offices shall consider establishing incentives where
performance is critical to the agency’s mission and incentives are likely to motivate the contractor.
Incentives shall be based on objectively measurable tasks.
I-FSS-600 CONTRACT PRICE LISTS (JUL 2004) (ALTERNATE I –
DEC 2008)
(a) Electronic Contract Data.
(1) At the time of award, the Contractor will be provided instructions for submitting electronic
contract data in a prescribed electronic format as required by clause 552.238-71, Submission and
Distribution of Authorized FSS Schedule Price lists.
(2) The Contractor will have a choice to transmit its file submissions electronically through
Electronic Data Interchange (EDI) in accordance with the Federal Implementation Convention
(IC) or use the application made available at the time of award. The Contractor’s electronic files
must be complete; correct; readable; virus-free; and contain only those supplies and services,
prices, and terms and conditions that were accepted by the Government. They will be added to
GSA’s electronic ordering system known as GSA Advantage!™,a menu-driven database system
that provides on-line access to contract ordering information, terms and conditions, up-to-date
pricing, and the option to create an electronic delivery order. The Contractor’s electronic files
must be received no later than 6 months after award. Contractors should refer to clause
I-FSS-597, GSA Advantage!™[SEE C.53] for further information.
(3) Further details on EDI, ICs, and GSA Advantage!™can be found in clause I-FSS-599,
Electronic Commerce .
(4) The Contractor is encouraged to place the GSA identifier (logo) on their web site for those
supplies or services covered by this contract. The logo can link to the contractor’s Federal Supply
Services’ price list. The identifier URL is located at FSS.gsa.gov/partnership/. All resultant “web
price lists” shown on the contractor’s web site must be in accordance with section (b) of this
clause and nothing other than what was accepted /awarded by the Government may included. If
the contractor elects to use contract identifiers on its website (either logos or contract number) the
website must be clearly distinguish between those items awarded on the contract and any other
items offered by the contractor on an open market basis.
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(5) The contractor is responsible for keeping all electronic catalog data up to date; e.g., prices,
product deletions and replacements, etc.
(b) Federal Supply Schedule pricelists
(1) The Contractor shall prepare a paper Information Technology Schedule pricelist in accordance
with the Attachment titled “Guidelines For Format and Content of Authorized Information
Technology Schedule Pricelist”. Two (2) copies of the proposed Information Technology
Schedule pricelist shall be submitted with the Offeror's proposal.
(2) The Contracting Officer will return one copy of the Authorized Information Technology
Schedule pricelist to the Contractor with the notification of contract award. In accordance with
GSAR clause 552.238-71 the Contractor may print and distribute the awarded pricelist without
written approval from the Contracting Officer. The pricelist must include all applicable terms and
conditions of the cited contract. The Contractor will be responsible for the accuracy of the
pricelist.
(3) Modifications to Information Technology Schedule pricelists shall include on the cover page
the same information as the basic document plus the title "Modification No." and the effective
date(s) of such modifications.
(4) As an option, the Contractor may provide two (2) copies (including cover letter) of the
Authorized Information Technology Schedule pricelist to the Contracting Officer for review prior
to distribution. Accuracy of information and computation of prices is the responsibility of the
Contractor.
(5) The Contractor may formally print and distribute the Authorized Information Technology
Schedule pricelist. Inclusion of incorrect information (electronically or in paper) will cause the
Contractor to reprint/resubmit/correct and redistribute the pricelist, and may constitute sufficient
cause for Cancellation, applying the provisions of 52.212-4, Contract Terms and Conditions
(paragraph (m), Termination for Cause) and application of any other remedies as provided by
law-including monetary recovery.
(6) In addition, one copy of the Authorized Information Technology Pricelist must be submitted
to the:
GSA, Federal Supply Service
National Customer Service Center (QC0CC)
Bldg. #4, 1500 E. Bannister Road
Kansas City, MO 64131-3009
Telephone: 1(800) 488-3111
I-FSS-639 CONTRACT SALES CRITERIA (MAR 2002)
(a) A contract will not be awarded unless anticipated sales are expected to exceed $25,000 within the
first 24 months following contract award, and are expected to exceed $25,000 in sales each 12-month
period thereafter.
(b) The Government may cancel the contract in accordance with clause 552.238-73, Cancellation,
unless reported sales are at the levels specified in paragraph (a) above.
I-FSS-644 DEALERS AND SUPPLIERS (OCT 1988)
When requested by the Contracting Officer, if other than the manufacturer, the offeror must submit prior to
award of a contract, either (1) a letter of commitment from the manufacturer which will assure the offeror of a
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source of supply sufficient to satisfy the Government's requirements for the contract period, OR (2) evidence
that the offeror will have an uninterrupted source of supply from which to satisfy the Government's
requirements for the contract period.
I-FSS-646 BLANKET PURCHASE AGREEMENTS (MAY 2000)
Blanket Purchase Agreements (BPA's) can reduce costs and save time because individual orders and invoices
are not required for each procurement but can instead be documented on a consolidated basis. The Contractor
agrees to enter into BPA's with ordering activities provided that:
(a) The period of time covered by such agreements shall not exceed the period of the contract including
option year period(s);
(b) Orders placed under such agreements shall be issued in accordance with all applicable regulations
and the terms and conditions of the contract; and
(c) BPAs may be established to obtain the maximum discount (lowest net price) available in those
schedule contracts containing volume or quantity discount arrangements.
I-FSS-680 DISSEMINATION OF INFORMATION BY
CONTRACTOR (APR 1984)
The Government will provide the Contractor with a single copy of the resulting Federal Supply Schedule.
However, it is the responsibility of the Contractor to furnish all sales outlets authorized to participate in the
performance of the contract with the terms, conditions, pricing schedule, and other appropriate information.
I-FSS-918 IMPREST FUNDS (PETTY CASH) (MAY 2000)
The Contractor agrees to accept cash payment for purchases made under the terms of the contract in
conformance with Federal Acquisition Regulation (FAR) 13.305.
I-FSS-969 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE AWARD
SCHEDULE (JAN 2002)
Price adjustments include price increases and price decreases. Adjustments will be considered as
follows:
(a) Contractors shall submit price decreases anytime during the contract period in which they occur.
Price decreases will be handled in accordance with the provisions of the Price Reduction Clause.
(b) There are two types of economic price adjustments (EPAs) possible under the Multiple Award
Schedules (MAS) program for contracts not based on commercial catalogs or price lists as described
below. Price adjustments may be effective on or after the first 12 months of the contract period on the
following basis:
(1) Adjustments based on escalation rates negotiated prior to contract award. Normally, when
escalation rates are negotiated, they result in a fixed price for the term of the contract. No separate
contract modification will be provided when increases are based on negotiated escalation rates.
Price increases will be effective on the 12-month anniversary date of the contract effective date,
subject to paragraph (f), below.
(2) Adjustments based on an agreed-upon market indicator prior to award. The market indicator,
as used in this clause, means the originally released public index, public survey or other public,
based market indicator. The market indicator shall be the originally released index, survey or
market indicator, not seasonally adjusted, published by the [to be negotiated], and made available
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at [to be identified]. Any price adjustment shall be based on the percentage change in the
designated (i.e. indicator identification and date) market indicator from the initial award to the
latest available as of the anniversary date of the contract effective date, subject to paragraph (e),
below. If the market indicator is discontinued or deemed no longer available or reliable by the
Government, the Government and the Contractor will mutually agree to a substitute. The contract
modification reflecting the price adjustment will be effective upon approval by the Contracting
Officer, subject to paragraph (g), below. The adjusted prices shall apply to orders issued to the
Contractor on or after the effective date of the contract modification.
(c) Nothwithstanding the two economic price adjustments discussed above, the Government recognizes
the potential impact of unforeseeable major changes in market conditions. For those cases where such
changes do occur, the contracting officer will review requests to make adjustments, subject to the
Government’s examination of industry-wide market conditions and the conditions in paragraph (d) and
(e), below. If adjustments are accepted, the contract will be modified accordingly. The determination
of whether or not extra-ordinary circumstances exist rests with the contracting officer. The
determination of an appropriate mechanism of adjustment will be subject to negotiations.
(d) Conditions of Price change requests under paragraphs b(2) and c above.:
(1) No more than three increases will be considered during each succeeding 12-month period of
the contract. (For succeeding contract periods of less than 12 months, up to three increases will be
considered subject to the other conditions of subparagraph (b)).
(2) Increases are requested before the last 60 days of the contract period, including options.
(3) At least 30 days elapse between requested increases.
(4) In any contract period during which price increases will be considered, the aggregate of the
increases during any 12-month period shall not exceed 10 percent (10%) of the contract unit price
in effect at the end of the preceding 12-month period. The Government reserves the right to raise
the ceiling when market conditions during the contract period support such a change.
(e) The following material shall be submitted with request for a price increase under paragraphs b(2)
and c above:
(1) A copy of the index, survey or pricing indicator showing the price increase and the effective
date.
(2) Commercial Sales Practice format, per contract clause 52.215-21 Alternate IV, demonstrating
the relationship of the Contractor's commercial pricing practice to the adjusted pricing proposed
or a certification that no change has occurred in the data since completion of the initial
negotiation or a subsequent submission.
(3) Any other documentation requested by the Contracting Officer to support the reasonableness
of the price increase.
(f) The Government reserves the right to exercise one of the following options:
(1) Accept the Contractor's price increases as requested when all conditions of (b), (c), (d), and
(e) of this clause are satisfied;
(2) Negotiate more favorable prices when the total increase requested is not supported; or,
(3) Decline the price increase when the request is not supported. The Contractor may remove the
item(s) from contract involved pursuant to the Cancellation Clause of this contract.
(g) Effective Date of Increases: No price increase shall be effective until the Government receives the
electronic file updates pursuant to GSAR 552.243-72, Modifications (Multiple Award Schedule).
Page: 123 of 124
Attachment number 2
Page 129 of 130
Item # 1
(h) All MAS contracts remain subject to contract clauses GSAR 552.238-75, “Price Reductions”; and
552.215-72, “Price Adjustment -- Failure to Provide Accurate Information.” In the event the
application of an economic price adjustment results in a price less favorable to the Government than the
price relationship established during negotiation between the MAS price and the price to the designated
customer, the Government will maintain the price relationship to the designated customer.
Note: Regulation I-FSS-969
THIS REGULATION FOR ECONOMIC PRICE ADJUSTMENT (EPA) IS FOR
PRODUCTS AND /OR SERVICES THAT WERE AWARDED, BUT NOT BASED ON A
COMMERCIAL CATALOG PRICE.
Page: 124 of 124
Attachment number 2
Page 130 of 130
Item # 1
Pricing for City of Augusta
via
Windstream GSA contract number
GS-35F-0016T
Ala Carte Services Metro E Layered Services
Channelized T1 $325
Dynamic T1 $400 SIP Trunks $150 per 23 Channels
PRI $315 PRI $150 per 23B and 1D ch
DIDs are no additional charge
Long Distance is $.025 a minute (sold in blocks of 1000)
VES MetroE
10 Mbps $975
20Mbps $1,300
50Mbps $1,700
100Mbps $2,200
Attachment number 3
Page 1 of 1
Item # 1
PublicSafetyCommitteeMeeting
7/11/201112:45PM
CapacityAgreementFY2012
Department:RichmondCountyCorrectionalInstitution-EvanJos eph,Director
Caption:ApproveCapacityAgreementforFY2012forstateinm atesbeing
housedintheRichmondCountyCorrectionalInstitut ion.
Background:Augusta-RichmondCountycontractswiththestateof Georgiato
housetwohundredfifteen(215)non-violentinmates toperform
skilled/non-skilledlaborintheCityDepartments.
Analysis:TheDepartmentofCorrectionspaystheCityaperd iemoftwenty
($20.00)dollarsperdayperinmate.
FinancialImpact:TherevenuereceivedfromtheDepartmentofCorrect ionsis
approximatelyforty-five(45%)percentoftheinsti tution'sannual
budget.
Alternatives:None
Recommendation:ApprovetheCapacityAgreementforFY2012tohouse two
hundredfifteen(215)non-violentinmates.
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 2
GEORGIA DEPARTMET OF CORRECTIOS
LEGAL SERVICES OFFICE
ITERGOVERMETAL AGREEMET
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into as of the
1st day of July 2011, by and between the GEORGIA DEPARTMENT OF CORRECTIONS
(“Department”), an agency of the State of Georgia, and AUGUSTA/RICHMOND COUNTY
(“County”), a political subdivision of the State of Georgia, acting by and through its Board of
County Commissioners, referred to as “party” or jointly as “parties.”
RECITATIOS
WHEREAS, the Department desires to obtain appropriate care and custody of State
inmates; and
WHEREAS, the County desires to provide appropriate care and custody of State inmates
at a correctional institution operated by the County.
OW, THEREFORE , in consideration of these premises and the mutual promises and
agreements hereinafter set forth, the parties hereby agree as follows:
1. Care and Custody. The County agrees to provide complete care and custody of up to 215
state inmates daily, for the term of this Agreement and in accordance with State and federal
constitutions and with all applicable laws, rules, regulations and orders of State, federal and
local governments. Without limitation to the generality of the foregoing, the County
specifically agrees that no State inmate labor shall benefit private persons or corporations.
2. Notification of Medical Treatment. The County shall notify the Department of any state
inmate that the County transfers to a hospital for treatment that will require an overnight stay
or that will require treatment that is likely to cost in excess of $1,000.00. Said notification
shall be provided via telephone contact within twenty-four (24) hours of the inmate being
admitted for treatment on an outpatient or inpatient basis. County shall notify the
Department pursuant to this paragraph by calling the Department's "On Call Utilization
Management Nurse" at (404) 863-3079 at any time of day or night.
Attachment number 1
Page 1 of 4
Item # 2
2
3. Compensation. The Department agrees to pay the County the sum of $20.00 (Twenty and
no/one-hundredths Dollars) per State inmate per day for the duration of this Agreement. The
County agrees to invoice the Department monthly, in compliance with all billing procedures
established by the Department. The Department shall endeavor to pay the County for its care
and custody services within 45 days of invoice receipt in approved form. The County
acknowledges and agrees that the Commissioner of Corrections shall have sole authority with
respect to the transfer of State inmates to and from the County Correctional Institution, and
the Department shall not incur charges for inmates not under the care and custody of the
County.
4. Term of Agreement. This Agreement shall be effective from the date hereof and shall
continue in force and effect until June 30, 2012.The parties may, by mutual agreement in
writing, extend the effectiveness of this Agreement for additional time periods.
5. Notices. Any notice under this Agreement, other than those referenced in Paragraph 2,
shall be deemed duly given if delivered by hand (against receipt) or if sent by registered or
certified mail -- return receipt requested, to a party hereto at the address set forth below or to
such other address as the parties may designate by notice from time to time in accordance
with this Agreement.
If to the County: Fred Russell, Administrator
530 Greene Street
Augusta, GA 30911
With a copy to: Evan Joseph, Warden
2314 Tobacco Rd
Augusta, GA 30906
If to the Department: Brian Owens, Commissioner
Georgia Department of Corrections
300 Patrol Road
P.O. Box 1529
Forsyth, GA 31029
With a copy to: Facilities Director
300 Patrol Road
P.O. Box 1529
Forsyth, GA 31029
Attachment number 1
Page 2 of 4
Item # 2
3
6. Reimbursement of Medical Costs.
a. GDC agrees to reimburse County for certain costs of direct medical services required
for emergency medical conditions posing an immediate threat to life or limb if a state
inmate cannot be placed in a state institution for the receipt of this care; provided,
however, that the GDC's obligation arises only when the cost per inmate per incident
exceeds $1000.00, and GDC shall only be liable for the amount in excess of $1000.00,
subject to the following subsections and other applicable laws and regulations.
b. County agrees to invoice GDC monthly for the actual cost of medical services paid by
County. If there existed any rate agreement between County and the hospital or
hospital authority at the time the services were rendered, the invoice must reflect such
rate. All invoices from County must include an invoice or receipt from the hospital that
clearly shows the actual cost of medical services paid by County.
c. GDC is not liable to County for any late fees or charges or any kind of assessment
imposed by the hospital or hospital authority (collectively, “Late Fees”) for late or
nonpayment by County. County agrees to exclude late fees from its invoices to GDC.
d. If GDC reasonably determines that there is a difference between the actual cost
incurred by County and the invoice sent to GDC, GDC may assess an administrative
fee of one-half (1/2) of the difference to cover the administrative costs incurred by
GDC. GDC shall send County written notice of any administrative fees, and County
shall have 30 days to make payment or to dispute the fee in writing. If County does not
make payment of undisputed administrative fees by the due date, GDC is entitled to a
setoff of the same amount against future payments owing to County.
e. Pursuant to HB 464 of 2009 (Act 48), O.C.G.A.§ 42-5-2(c), GDC shall reimburse
County no more than the applicable Georgia Medicaid Rate for emergency services
provided to a state inmate by a hospital authority or hospital which is not a party to a
contract with GDC or its agents on July 1, 2009. GDC shall not be liable to County for
any amount paid by County to a hospital or hospital authority over the Medicaid rate
for emergency services provided to a state inmate.
7. Entire Agreement. This Agreement constitutes the entire agreement and understanding
between the parties hereto and replaces, cancels and supersedes any prior agreements and
understandings relating to the subject matter hereof; and all prior representations, agreements,
understandings and undertakings between the parties hereto with respect to the subject matter
hereof are merged herein.
8. Amendment. The parties recognize and agree that it may be necessary or convenient for the
parties to amend this Agreement so as to provide for the orderly implementation of all of the
undertakings described herein, and the parties agree to cooperate fully in connection with
Attachment number 1
Page 3 of 4
Item # 2
4
such amendments if and as necessary. However, no change, modification or amendment to
this Agreement shall be effective unless the same is reduced to writing and signed by the
parties hereto.
9. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be an original but all of which shall constitute one agreement. No party shall be bound by
this Agreement until all parties have executed it.
IN WITNESS WHEREOF, the parties have caused the authorized representatives of each
to execute this Agreement on the day and year first above written.
GEORGIA DEPARTMET OF CORRECTIOS
__________________________________ ____________________
Date
_________________________________
Print Name, Title
RICHMOD COUTY
__________________________________ ____________________
Date
_________________________________
Print Name, Title
Attachment number 1
Page 4 of 4
Item # 2
PublicSafetyCommitteeMeeting
7/11/201112:45PM
IntergovernmentalAgreement
Department:Law
Caption:MotiontoapproveFiscalYear2012CountyCapacity Agreement
withtheGeorgiaDepartmentofCorrectionsrelative toState
inmatesbeinghousedinRCCI,andtoauthorizethe Mayorand
ClerkofCommissiontoexecutesuchdocumentsasne cessaryto
consummatethetransaction,allinformasapproved bycounsel
forAugusta.
Background:
Analysis:
FinancialImpact:
Alternatives:
Recommendation:
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 3
Attachment number 1
Page 1 of 4
Item # 3
Attachment number 1
Page 2 of 4
Item # 3
Attachment number 1
Page 3 of 4
Item # 3
Attachment number 1
Page 4 of 4
Item # 3
PublicSafetyCommitteeMeeting
7/11/201112:45PM
MotiontoApproveanOrdinanceCreatingAugusta,GA CodeSecion2-2-57
Department:9-1-1
Caption:MotiontoApproveanOrdinancetoAmendtheAugusta ,GA
CodecreatingTitleTwoChapterTwoArticleSixSec tion2-2-57
RelatingtoImposinga9-1-1ChargeonPrepaidWire lessService;
ToRepealAllCodeSectionsandOrdinancesinConfl ict
Herewith;ToProvideanEffectiveDateandforOthe rPurposes.
Background:Legislationwaspassedin2008toassessa9-1-1fe eonprepaid
wirelessphones.Amenuofoptionswereprovidedfo rprepaid
wirelesssupplierstousetodeterminethefeesowe dforthe
wirelessservicesold.TheDepartmentofCommunity Affairs
(DCA)wastaskedwithmonitoringcompliancewithth estatutory
requirementsandreceivingthefees.Thelegislativ eintentwasthat
thefeerevenuewastobeusedtofundagrantprog ram
administeredbyDCAtoassistlocalgovernmentsin the
implementationofenhanced9-1-1services.Todate
approximately$28millionhasbeencollected,noto necenthas
beenappropriatedfortheintendedpurposeofagra ntprogramto
localgovernments.Thosefundshavebeendeposited inthestate
generalfundandusedforotherpurposes.Asthema rketforcell
phonesandtelephonelandlinesshifts,theresourc esforthe
operationof9-1-1centershavedeclined.Itisest imatedthat
prepaidwirelessphonesnowrepresentover20%oft heoverall
wirelesscellphonemarket.Theprepaidwirelesspr ovidersand
ACCGagreethatthecurrentsystemisinefficienta nd
burdensome.Thereareprovidersthatdonotcomply withthelaw
andthereisnomonitoringorenforcement.TheNati onal
ConferenceofStateLegislaturesdevelopedmodelle gislationto
offeramorecoordinatedapproachtotheassessment and
collectionofthesefeesonanationalbasis.Th isnewapproachis
tocollectthefeesatthepointofsale,remitthe feestothe
DepartmentofRevenue(DOR)muchlikesalestax,to be
distributedperaformulabasedonpopulationofth ePublicSafety
AnsweringPoint(PSAP).Itisestimatedthatthisn ewapproach
willmorethandoubletheamountofrevenuereceive donan
annualbasis,projectionsindicateapproximately$2 0millionper
yearcomparedtothe$8millioncurrentlyreceived.Notonlywill
thisprovideastablesourceofrevenueforthe9-1 -1centersitisCover Memo
Item # 4
alsomoretransparent.Customerswillbechargedth efeewhen
theypurchaseaprepaidcellphoneorreloadthemi nutesandthe
chargewillbereflectedseparatelyonthereceipt.Everycustomer
whomayaccess9-1-1serviceswillpaythefeeands harein
payingforthesystem.Currently,wehavenowayof knowingif
thissegmentofthecellphonemarketispayingthe irshareforthe
services.SummaryofLegislation·Thisbil lrepealsthe
previousstatueregardingcollectionofthe911fee onprepaid
wirelessphones.Thenewbillsetsoutanewsystem tocollectthe
prepaidfeesatthepointofsale.·A75c entfeewillbe
collectedattheretailpointofsaleforeachphon esoldandeach
purchaseofminutestoreloadaprepaidwirelessph one.·9-
1-1feesarecollectedattheretaillevelandremi ttedtotheDOR
justlikesalestax.·Inorderforthefun dstobetreatedasa
localtax,countiesandmunicipalitiesmustadopta nordinanceor
resolutionimposingthefeeandfilewiththeDOR.·Fees
willbedistributedbacktothecountiesandmunici palitiesthat
adoptedtheordinanceorresolutiononanannualba sis.·The
allocationoffundswillbebasedonthepopulation ofthe
PSAP.Thesefundswillnotbeallocatedbasedonpo intofsale
collections.·Toensureastatewidecollec tionsystemthe
provisionthelanguagewasaddedin(b)(2)thatif acountyof
municipalityfailstoadoptanordinancethefeewo uldberetained
bythestateforthepurposeofagrantprogramto improve9-1-1
systems.Itishighlyunlikelythatanyjurisdictio nwillfailto adopt
aresolutiontocollectthefee,butifforsomere asonithappens,
thatportionofthefeewouldgothestatejustas itdoesunderthe
currentstatue.·Providesthat3%offees collectedbyretailer
canberetainedbytheretailertooffsetthecosts ofcollectingthe
fee.·Theformulaforshareofthefundsc ollectedonan
annualbasisisthepopulationofthejurisdiction(s)operatingthe
PSAPanddenominatorwhichisthetotalpopulation ofthestate.
·Fundswillbedistributedannuallyonor beforeOctober15
ofyearyear.·PriortodistributiontheD ORmayretainnot
morethan2%ofthetotalamountcollectedforthe costof
administeringtheprogram.·Ifthereisa jurisdictionthat
doesnotadopttheresolutionthefundsallocateda ccordingtothe
formulaforthatjurisdictionwillbedepositedin thegeneralfund
andbeadministeredthroughagrantstocountiespr ogramwiththe
purposeofoperationsofPSAPSandtheimprovement of911.
·TheeffectivedateofthebillinJanuary 1,2012
Analysis:
FinancialImpact:
Alternatives:Deny
Recommendation:Approve Cover Memo
Item # 4
FundsareAvailable
intheFollowing
Accounts:
REVIEWEDANDAPPROVEDBY :
Finance.
Law.
Administrator.
ClerkofCommission
Cover Memo
Item # 4
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE CREATING
TITLE TWO CHAPTER TWO ARTICLE SIX SECTION 2-2-57
RELATING TO IMPOSING A 9-1-1 CHARGE ON PREPAID WIRELESS
SERVICE; TO REPEAL ALL CODE SECTIONS AND ORDINANCES IN
CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
WHEREAS, Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of
Georgia Annotated, as amended by Act No. 187, Georgia Laws 2011, authorizes
counties and cities that operate a 9-1-1 public safety answering point to impose a
9-1-1 charge on prepaid wireless service at the retail point of sale; and,
WHEREAS, pursuant to Code Section 46-5-134.2 of the Official Code of Georgia
Annotated such charges may be imposed at the rate of 75 cents per retail
transaction; and
WHEREAS, revenues received by a county or municipality from such charges
must be deposited in the emergency telephone assistance fund maintained by the
county or municipality; and
WHEREAS, imposition of the charge on prepaid wireless service is contingent
upon the enactment of an ordinance or resolution of the county or municipality;
and
WHEREAS, Augusta, Georgia operates a 9-1-1 public safety answering point.
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. AUGUSTA, GA. CODE Section 2-2-57 is hereby created as set forth in
³([KLELW$´KHUHWR
SECTION 2. This ordinance shall become effective on January 1, 2012.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Attachment number 1
Page 1 of 4
Item # 4
Adopted this _____ day of , 2011.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 4
Item # 4
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2011 and that such Ordinance has not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Ordinance which was approved and adopted in the
foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading ______________________
Second Reading ______________________
Attachment number 1
Page 3 of 4
Item # 4
EXHIBIT A
Sec. 2-2-57. Prepaid Wireless 9-1-1 Charge.
(a) Implementation. In accordance with O.C.G.A. § 46-5-134.2, there is hereby
imposed a prepaid wireless 9-1-1 charge as defined by O.C.G.A. § 46-5-
134.2(a)(4) upon every prepaid wireless retail transaction occurring within the
jurisdiction of the 9-1-1 public service answering point in the amount of 75 cents.
(b) Collection of 9-1-1 Charge on Prepaid Wireless Transactions. Prepaid
wireless 9-1-1 charges collected by sellers shall be remitted to the Commissioner
of the Department of Revenue at the times and in the manner provided by Chapter
8 of Title 48 of the Official Code of Georgia Annotated with respect to the sales
and use tax imposed on prepaid wireless calling service.
(c) Administrative Provisions. The Clerk of the Augusta, Georgia Commission is
hereby directed to file with the State Revenue Commissioner a certified copy of
this ordinance and amendments thereto, in accordance with O.C.G.A. § 46-5-
134.2(j)(1), within ten (10) days of enactment of this ordinance.
(d) Depositing of Funds; Use of Funds. In accordance with O.C.G.A. § 46-5-
134.2(j)(5), funds received by Augusta, Georgia from charges imposed by this
ordinance shall be deposited in the Emergency Telephone System Fund maintained
by Augusta, Georgia pursuant to O.C.G.A. § 46-5-134 and kept separate from
general revenue of the jurisdiction; all such funds shall be used exclusively for the
purposes authorized by O.C.G.A. § 46-5-134(e).
Attachment number 1
Page 4 of 4
Item # 4