DISCLOSURE / FILE
The September 22, 2008 Standard Form 1449 that awarded DIA contract HHM402-08-C-0072 to Bigelow Aerospace Advanced Space Studies, a $21,948,810 firm-fixed-price instrument that priced the AAWSAP work into line items for monthly status reports, project management plans, research reports, and a Comprehensive Integrated Threat Assessment.
DOW-UAP-D111, AAWSAP Solicitation and Original Order, September 2008
The September 22, 2008 Standard Form 1449 that awarded DIA contract HHM402-08-C-0072 to Bigelow Aerospace Advanced Space Studies, a $21,948,810 firm-fixed-price instrument that priced the AAWSAP work into line items for monthly status reports, project management plans, research reports, and a Comprehensive Integrated Threat Assessment.
DIA's Virginia Contracting Activity at Bolling AFB awarded contract HHM402-08-C-0072 to Bigelow Aerospace Advanced Space Studies (BAASS) of Las Vegas on September 22, 2008, three weeks after issuing solicitation HHM402-08-R-0211 on September 1, and the award incorporates BAASS's proposal dated 9/3/2008 by reference under a firm-fixed-price arrangement. The base year (09/22/2008 to 09/21/2009) is priced in six line items that sum to exactly $10,000,000: 12 monthly status reports ($2,887,000), 12 project management plans for Tasks 3.a.1 through 3.a.12 ($3,600,000), 12 research reports ($2,100,000), one Comprehensive Integrated Threat Assessment ($240,000), travel ($50,000), and other direct costs ($1,123,000). Option-year line items add $11,948,810 with periods of performance running to 12/21/2010, and two zero-dollar line items marked UNUSED are kept to align accounting with revised CLINs, a trace that reads as post-award modification. The remaining 54 pages are FAR and DFARS clauses, including FAR 52.227-17, which gives the Government unlimited rights in everything BAASS produced and bars the contractor from publishing that data without the Contracting Officer's written permission.
Bigelow Aerospace Advanced Space Studies, Inc (BAASS) proposal dated 9/3/2008 is incorporated by reference.p.3
Contract Type: Firm Fixed Pricep.3
Invoicing Address: NSA Finance and Accounting Officep.3
Comprehensive Integrated Threat Assessmentp.3
Period of Performance: 09/22/2009 to 12/21/2010p.4
UNUSED - This line item is unused but must remain part of the contract to insure proper accounting information is aligned to revised CLINS. Original 0001 from PRp.5
RIGHTS IN DATA--SPECIAL WORKS (DEC 2007)p.13
BIGELOW AEROSPACE ADVANCED SPACE STUDIES, LLCp.1
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 59 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 679/0001 Z/08 2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE HHM402-08-C-0072 DATE HHM402-08-R-0211 DATE SEP 22, 2008 SEP 01, 2008 a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/ 7. FOR SOLICITATION (bJ{:5):1 u u~c 4<'4, (bJ{tiJ I LOCALTIME INFORMATION CALL: SEP 10, 2008 2:00 PM ET 9. ISSUED BY CODE I HHQ402 10. THIS ACQU ISITION IS ~UNRESTRICTED OR □ SET ASIDE: ___ % FOR: Virginia Con tracling Activity □ SMALL BUSINESS □ WOMEN-OWNED SMALL BUSINESS ATTN: AE-2 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED Bolling AFB, Bldg. 6000 □ HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: Washinglon DC 20340-5100 BUSINESS □ EDWOSB 541990 □ SERVICE-DISABLED SIZE STANDARD: VETERAN-OWNED SMALL BUSINESS 0B(A) 11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS □ 13a.THISCONTRACT ISA 13b. RATING TION UNLESS BLOCK IS RATE.D ORDER UNDER MARKED DPAS (15 CFR 700) 14. METHOD OF SOLICITATION ~ SEE SCHEDULE □ RFQ □ IFB □ RFP 15. DELIVERTO CODE 00000 16. ADMINISTERED BY CODE IZD50 See Schedule Virginia Contracting Activity ATTN: DIAC, AE-2 Building 6000 Washington DC 20340-5100 17a. CONTRACTOR/ CODE I00000434 I FACILITY 18a. PAYMENT WILL BE MADE BY CODE INSA01A OFFEROR. CODE BIGELOW AEROSPACE ADVANCED SPACE STUDIES, LLC NSA Finance and Accounting Office 4640 S EASTERN AVE P.O. Box 1685; ATTN: DF2111 LAS VEGAS NV 891196135 Ft. George G. Meade MD 20755-6856 (b)(3):26 U.SC §§ CAGE: 54 JU7 ....... ..... 6103..6105 ) Internal Revenue C TELEPH ~r::l ~ r-:JO. TIN: d I DUNS: 827037768 □ 17b. CHECK IF REMITTANCEIS DIFFERENT AND PUT SUCH ADDR ESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK OFFER BELOW IS CHECKED ~ SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULEOF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Please see continuation page for line item details. (Use Reverse and/or Attach Additional Sheets as Necessary) 25. ACCOUNlilNG AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT ( or Govt. Use Only) $21,948,810.00 l_J 27a. SOLICITATION INCORPORATES BY REFERENCE FARS2.212· 1, S2.212-4. FAR 52.212·3 AND S2.212-S ARE ATTACHED. ADDENDA □ ARE □ ARENOT ATTACHED [!!] 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ~ ARE □ ARENOTATTACHEO 28. CONTRACTOR IS REQUIRED TO SIGN THISDOCUMENT AND RETURN □ COPIES TO ISSUING OFFICE. CONTRACTORAGREES TO FURNISH AND DE LIVER ALL ITEMS SET F ORTH OR OTHERWISEIDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONSSPECIFIED -- - □ 29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCKSI, INCLUDINGANY ADDITIONSOR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATUREOF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAMEOF CONTRACTING OFFICER (Type or print) (b)(3) 10 USC 424, (b)(6) I 3l c.DATESIGNED SEP 22, 2008 AUTHORIZED FOR LOCAL R EPRODUCTION STANDARD FORM 1449 !REV. 212012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) S3.212Page 2 · born-digital extraction
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT 32a. QUANTITY IN COLUMN 21 HAS BEEN □ RECEIVED □ INSPECTED □ ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED· 32b. SIGNATURE OF AUTHORIZED GOVERNMENT RE PRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRE SENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVE RNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR 36. PAYME.NT □ COMPLETE □ PARTIAL □ FINAL 37. CHECK NUMBER !PARTIAL !FINAL I 38. S/R ACCOUNT NO. 39. S/RVOUCHER NUMBER 40. PAID BY 41a. I CERTIFY THIS ACCOUNT ISCORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 42b. RECEIVED AT (Location) 142c. DATE REC'D (YY/MM/ DD) 142d. TOTALCONTAINERS 41b. SIGNATURE AND TITLE OF CER TIFYING OFFICER 41c. DATE STANDARD FORM 1449 (R EV.2/2012) BACK HHM402-08-C-0072
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(End of Cl ause ) (ii ) Obtain applicable data a nd reports ; and (i i i ) Char ge the Cont ractor fo r t he cost s i ncurred by t he Government . I . 64 52 . 24 7- 1 COMM ERCIAL BILL OF LADING NOTATIONS (FEB 2006) When the Contracting Officer authorizes supplies to be shipped on a commercial bill of lading and the Contract or wi ll be rei mbursed t hese t rans portat ion cost s as di rect allowab l e cost s , the Contractor shall ensure before shipment is made t hat the commercial shipping documents are annotated with e i t her of t he fo l lowi ng not ations , as appr opr i a t e : "Transportation is for t he and the actual total transportation charges paid to the carrier(s ) by the c o nsignor o r cons i gne e s hall be rei mbursed by t he Gover nment , pursuant t o cost - re i mbursement contract No . This may be confi rmed by contacting (End of Clause ) (b) If t he Government is not shown as the consignor or t he consignee , t he annotation shal l be : (a ) If the Government is shown as the consignor or the consignee , the annotation shall be : "Trans portation is for t he and t he actual total transportation charges paid to the carrier (s ) by the consignor or consignee are assignable to, and shall be reimbursed by, the Government . " PAGE 59 OF 59 HHM402-08-C-0072
Concatenated page-by-page transcript. Born-digital pages came through pdf.js; scanned pages were transcribed by Claude vision OCR. Pages marked unreadable failed multiple OCR retries (heavy redaction, microfilm artifacts, or blank separators) and are kept in place for audit.
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF 59 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 679/0001 Z/08 2. CONTRACT NO. 3. AWARD/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE HHM402-08-C-0072 DATE HHM402-08-R-0211 DATE SEP 22, 2008 SEP 01, 2008 a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/ 7. FOR SOLICITATION (bJ{:5):1 u u~c 4<'4, (bJ{tiJ I LOCALTIME INFORMATION CALL: SEP 10, 2008 2:00 PM ET 9. ISSUED BY CODE I HHQ402 10. THIS ACQU ISITION IS ~UNRESTRICTED OR □ SET ASIDE: ___ % FOR: Virginia Con tracling Activity □ SMALL BUSINESS □ WOMEN-OWNED SMALL BUSINESS ATTN: AE-2 (WOSB) ELIGIBLE UNDER THE WOMEN-OWNED Bolling AFB, Bldg. 6000 □ HUBZONE SMALL SMALL BUSINESS PROGRAM NAICS: Washinglon DC 20340-5100 BUSINESS □ EDWOSB 541990 □ SERVICE-DISABLED SIZE STANDARD: VETERAN-OWNED SMALL BUSINESS 0B(A) 11. DELIVERY FOR FOB DESTINA- 12. DISCOUNT TERMS □ 13a.THISCONTRACT ISA 13b. RATING TION UNLESS BLOCK IS RATE.D ORDER UNDER MARKED DPAS (15 CFR 700) 14. METHOD OF SOLICITATION ~ SEE SCHEDULE □ RFQ □ IFB □ RFP 15. DELIVERTO CODE 00000 16. ADMINISTERED BY CODE IZD50 See Schedule Virginia Contracting Activity ATTN: DIAC, AE-2 Building 6000 Washington DC 20340-5100 17a. CONTRACTOR/ CODE I00000434 I FACILITY 18a. PAYMENT WILL BE MADE BY CODE INSA01A OFFEROR. CODE BIGELOW AEROSPACE ADVANCED SPACE STUDIES, LLC NSA Finance and Accounting Office 4640 S EASTERN AVE P.O. Box 1685; ATTN: DF2111 LAS VEGAS NV 891196135 Ft. George G. Meade MD 20755-6856 (b)(3):26 U.SC §§ CAGE: 54 JU7 ....... ..... 6103..6105 ) Internal Revenue C TELEPH ~r::l ~ r-:JO. TIN: d I DUNS: 827037768 □ 17b. CHECK IF REMITTANCEIS DIFFERENT AND PUT SUCH ADDR ESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK OFFER BELOW IS CHECKED ~ SEE ADDENDUM 19. 20. 21. 22. 23. 24. ITEM NO. SCHEDULEOF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Please see continuation page for line item details. (Use Reverse and/or Attach Additional Sheets as Necessary) 25. ACCOUNlilNG AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT ( or Govt. Use Only) $21,948,810.00 l_J 27a. SOLICITATION INCORPORATES BY REFERENCE FARS2.212· 1, S2.212-4. FAR 52.212·3 AND S2.212-S ARE ATTACHED. ADDENDA □ ARE □ ARENOT ATTACHED [!!] 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ~ ARE □ ARENOTATTACHEO 28. CONTRACTOR IS REQUIRED TO SIGN THISDOCUMENT AND RETURN □ COPIES TO ISSUING OFFICE. CONTRACTORAGREES TO FURNISH AND DE LIVER ALL ITEMS SET F ORTH OR OTHERWISEIDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONSSPECIFIED -- - □ 29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCKSI, INCLUDINGANY ADDITIONSOR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: 30a. SIGNATUREOF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAMEOF CONTRACTING OFFICER (Type or print) (b)(3) 10 USC 424, (b)(6) I 3l c.DATESIGNED SEP 22, 2008 AUTHORIZED FOR LOCAL R EPRODUCTION STANDARD FORM 1449 !REV. 212012) PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) S3.21219. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES 21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT 32a. QUANTITY IN COLUMN 21 HAS BEEN □ RECEIVED □ INSPECTED □ ACCEPTED AND CONFORMS TO THE CONTRACT EXCEPT AS NOTED· 32b. SIGNATURE OF AUTHORIZED GOVERNMENT RE PRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRE SENTATIVE 32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVE RNMENT REPRESENTATIVE 32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED CORRECT FOR 36. PAYME.NT □ COMPLETE □ PARTIAL □ FINAL 37. CHECK NUMBER !PARTIAL !FINAL I 38. S/R ACCOUNT NO. 39. S/RVOUCHER NUMBER 40. PAID BY 41a. I CERTIFY THIS ACCOUNT ISCORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print) 42b. RECEIVED AT (Location) 142c. DATE REC'D (YY/MM/ DD) 142d. TOTALCONTAINERS 41b. SIGNATURE AND TITLE OF CER TIFYING OFFICER 41c. DATE STANDARD FORM 1449 (R EV.2/2012) BACK HHM402-08-C-0072
1 1 1 1 1 --- SCHEDULE Continued ITEM NO. - 0001 0002 0003 0004 0005 SUPPLIES/SERVICES OUA.NTITY - Invoicing Address: NSA Finance and Accounting Office P.O. Box 1685; ATTN : DF2111 Ft. George G. Meade MD 20755-6856 COR:IAAP Person 1 I Bigelow Aerospace Advanced Space Studies, Inc (BAASS) proposal dated 9/3/2008 is incorporated by reference. Contract Type: Firm Fixed Price Base Year: 22 September 2008 • 29 September 2009 Monthly Status Reports 1.00 Quantity 12 Accounting and Appropriation Data: ACRN: AA 9780100.4400 1082A9 2520 1S492051SG2 B5P1 96G1 1106 610000 $ 2,887,000.00 Period of Performance: 09/22/2008 to 09/21/2009 Project Management Plan for Tasks 3.a.1 • 3.a.12 1.00 Quantity 12 Accounting and Appropriation Data: ACRN: AA 9780100.4400 1082A9 2520 1S492051SG2 B5P196G1 1106 610000 $ 3,600,000.00 Period of Performance: 09/22/2008 to 09/21 /2009 Research Report for Tasks 3.a. 1. • 3.a.12 1.00 Quantity 12 Accounting and Appropriation Data: ACRN: AA 9780100.44001082A9 2520 1S492051SG2 B5P196G1 1106 610000 $ 2,100,000.00 Period of Performance: 09/22/2008 to 09/21/2009 Comprehensive Integrated Threat Assessment 1.00 Accounting and Appropriation Data: ACRN: AA 9780100.4400 1082A9 2520 1S49205 1SG2 B5P196G1 1106 610000 $ 240,000.00 Period of Performance: 09/22/2008 to 09/21/2009 Travel 1.00 Accounting and Appropriation Data: ACRN: AA 9780100.4400 1082A9 2520 1S492051SG2 B5P196G1 1106 610000 $ 50,000.00 UNIT LO LO LO LO LO UNIT PRICE AMOUNT - - 2,887,000.00 2,887,000.00 3,soo,ooo,.oo 3,600,000.00 2,100,000.00 2,100,000.00 240,000.00 240,000.00 50,000.00 50,000.00 PAGE 3 OF 59 HHM402-08-C-0072
- - 1 1 1 1 1 1 SCHEDULE Continued ITEM NO. 0006 1001 1002 1003 1004 1005 1006 - - SUPPLIES/SERVICES Period of Performance: 09/22/2008 to 09/21/2009 Other Direct Costs Accounting and Appropriation Data: ACRN: AA 9780100.4400 1082A9 2520 1S492051SG2 B5P196G1 1106 610000 $1 ,123,000.00 Period of Performance: 09/22/2008 to 09/21/2009 Option Year: 22 September 2009 - 21 September 201 O Monthly Status Reports Quantity 12 Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 2520 1S49205 CCXX 16P101T1 1106 610000 $1 ,549, 100.00 Period of Performance: 09/22/2009 to 12/21/2010 Project Management Plan for Tasks 3.a. 1 - 3.a.12 Quantity 12 Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 2520 1S49205 CCXX 16P101T1 1106 610000 $ 4,759,300.00 Period of Performance: 09/22/2009 to 12/21/2010 Research Report for Tasks 3..a. 1. - 3.a.12 Quantity 12 Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 2520 1S49205 CCXX 16P101T1 1106 610000 $ 2,870,600.00 Period of Performance: 09/22/2009 to 12/21/2010 Comprehensive Integrated Threat Assessment Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 2520 1S49205 CCXX 16P101T1 1106 610000 $ 220,200.00 Period of Performance: 09/22/2009 to 12/21 /2010 Travel Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 2520 1S49205 CCXX 16P101T1 1106 610000 $ 36,700.00 Period of Performance: 09/22/2009 to 12/21/2010 Other Direct Costs - OUA.NTITY 1.00 1.00 1.00 1.00 1.00 1.00 - 1.00 UNIT UNIT PRICE AMOUNT - - 1, 123,000,.00 1,123,000.00 LO 1,549,100.00 1,549,100.00 LO LO 4,759,300.00 4,759,300.00 2,870,600 1 .00 2,870,600.00 LO 220,200 1 .00 220,200.00 LO 36,100,.00 LO 36,700.00 --2,494,610.00 LO - 2 ,494,610.00 PAGE 4 OF 59 HHM402-08-C-0072
1 1 1 SCHEDULE Continued ITEM NO. - - SUPPLIES/SERVICES OUA.NTITY UNIT - UNIT PRICE AMOUNT - 1007 1008 1009 Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 2520 1S49205 CCXX 16P101T1 1106 610000 $2,494,610.00 Period of Performance: 09/22/2009 to 12/21/2010 Additional Travel Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 2520 1S49205 CCXX 16P101 T1 1106 610000 $18,300.00 Period of Performance: 09/22/2009 to 12/21/2010 UNUSED - This line item is unused but must remain part of the contract to insure proper accounting information is aligned to revised CLINS. Original 0001 from PR Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 2520 1S49205 CCXX 16P101 T1 1106 610000 $0.00 UNUSED - This line item is unused but must remain part of the contract to insure proper accounting information is aligned to revised CLINS. Original 0002 from PR Accounting and Appropriation Data: ACRN: AB 9700100.4400 1102A9 252011S49205 CCXX 16P101T1 1106 610000 $0.00 1.00 1.00 1.00 LO LO LO 18,300.00 0.00 o , .oo 18,300.00 0.00 0.00 PAGE 5 OF 59 HHM402-08-C-0072
Table of Contents 252 . 212-700 1 CONTRAC T TERMS AND CONDI TIONS REQUI RED TO IMP LEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (MAR 2008 ) ........ . ............................... . ..... 8 52 . 212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO I MPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL 52 . 212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2007 ) ... .. ...... .. ...... . ....... . ..... 9 ITEMS (JUN 2008 ) . . .. . ....... .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 9 52 . 232 -1 PAYMENTS (APR 1984 ) . .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. .. .. . .. . .. .. .. .. . . .. . .. . .. .. .. ...... 1 2 52 . 232-25 PROMPT PAYMENT (OCT 2003 ) . ... . .................. .. ...... .. ... . ... . ...... .. ..... ... ... . ... 12 52 . 233-1 DISPUTES (JUL 2002 ) ... ............. .. ...... .. ...... .. .. ... . .. .. ... . .. .......... ... . .. .. ... 12 52 . 2 4 6 - 1 CONTRACTOR INSPECTION REQUIREMENTS ( APR 198 4) ... . ... .. .. . . .. .. .. . .... . .. . ... . ... . ... . ... .. 12 52 . 246-16 RESPONSIBILITY FOR SUPPLIES (APR 198 4 ) ................................................... 12 SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS .. .. .. .. . . .. .. .. .. .. .. .. .. .. .. .. .. . . .. . ... .. .. .. .. .. . 13 B . 1 52 . 227- 1 7 RIGHTS IN DAT A--SPECI AL WORKS (DEC 2007) . .. .. . . .. .. .. .. . ... .. .. . ... .. .. .. .. .. .. . 1 3 SECTION E INSPECTION AND ACCEPTANCE . .. ..... .... . .. .. .. ..... .... ..... ... ..... .. ... . .. ... ..... ... .. .... 14 E . 1 2 52 . 211 -70 0 4 ALTERNATE PRESERVATION, PACKAGING , AND PACKING (DEC 1991 ) . . ............. .... . . 14 SECTI ON F DELIVERI ES OR PERFORMANCE . ................................................................ 15 F . l 52 . 2 47-2 9 F . O. B . ORI GIN (FEB 2006 ) .. .. .. .. . . .. .. .. .. .. .. .. . . .. .. . . .. .. .. ... . .. . ... .. .. . ... 1 5 F . 2 52 . 2 47-3 4 F . O . B . DESTINATION ( NOV 1991 ) .... .. .. .. ... . .. .. .. .. . . . . .. . . .. .. . . .. .. . .... . .. .. .. 1 6 SECTION I CONTRACT CLAUSES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 7 I. l 252 . 203 - 70 00 {2 52 . 203- 700 0) [RESERVED] .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ... .. .. . ... .. .. . 17 I . 2 252 . 203-700 1 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2004) ...... .. ....... . ....... . ...... .. ....... . ....... . ...... .. ...... .. ... . ... . ....... . . 17 I . 3 252 . 205 - 7 000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) . .. . ... .. . 17 I. 4 252 . 21 1- 7000 ACQUISITION STREAMLINING (DEC 1991 ) . .. . ... . ... . . . .. . .. . ... .. .. .. .. .. ... . .. . ... 1 8 I . 5 252 . 211-7001 AVAILABILITY OF SPECIFICATIONS , STANDARDS , DATA ITEM DESCRIPTIONS NOT LISTED IN THE ACQUISI TION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST), AND PLANS , DRAWINGS , AND OTHER PERTINENT DOCUMENTS (MAY 2006 ) .. .. .. . . .. .. .. .. .. .. . ... .. .. . ... .. .. .. .. .. .. .. .. .. 1 8 I . 6 252 . 21 1 -70 02 AVAILABILITY FOR EXAMINATION OF SPECIFICATIONS , STANDARDS , PLANS , DRAWINGS , DATA ITEM DESCRIPTIONS , AND OTHER PERTINENT DOCUMENTS (DEC 1991 ) .. .. .. .. .. .. .. ...... .. .. .. .. .. .. 18 I . 7 252 . 211-7003 ITEM IDENT IFICATION AND VALUATION ( AUG 2008 ) .................................. 18 I. 8 252 . 211-7004 ALTERNATE PRESERVATION, PACKAGING , AND PACKING (DEC 1991 ) ..................... 21 I. 9 252 . 211-7006 RADIO FREQUENCY IDENTIFICATION (FEB 2007 ) ...... ..... ... .......... .. . .. ... ..... 21 I.10 252 . 219-7001 { 252 . 219-7001 ) [ RESERVED ] .. ... . . ... .. .. .. .. ... . . ... ... . . . .... .. . ... . ... ...... . 23 I. 11 252 . 219 - 7002 { 252 . 219-7002 ) [ RESERVED] .. .. . ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ... . 2 3 I . 12 252 . 219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS ) ( APR 2007) ... . ... . . ..... . .. 23 I.13 252 . 219-7005 { 252 . 219-7005 ) (RESERVED) .. .. .. .. .. ... . .. .. .. .. .. .. .. .. .. .. .. . ... .. .. . ... .. .. . 24 I. 14 252 . 219-7 0 0 6 { 252 . 21 9- 7 006 ) (RESERVED) ..................................................... 24 I . 15 2 52 . 225 - 700 1 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM ( J UN 20 0 5 ) .. . ... . . .. . ... .. .. . 2 4 I . 16 252 . 225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003 ) .. ..... ... .. ..... ... ... 25 I . 17 252 . 225-7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM COMMUNIST CHINESE MILITARY COMPANIES (SEP 2006) ...................................................... 25 I . 18 252 . 225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (MAR 2008) ..... . .......... . ....... 25 I.19 252 . 225-7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS {JUN 2005) . .. ...... .. .. ... . .. .. .. .. .. 26 I. 20 252 . 225 - 70 1 5 RESTRICTION ON ACQUIS I TION OF HAND OR MEASURING TOOLS ( J UN 2005 ) ... .. . . . ... .. . 26 I.2 1 2 52 . 233 - 70 00 {2 52 .2 33- 700 0) [RESERVED] .. .. . ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ... . ... . ... . ... . 26 I.22 252 . 242-7002 { 252 . 242-7002 ) [ RESERVED ] . .... . .. . ... .. . . . .... . . ... .. . ... . .... . .. . ... .. . . . . .. . 26 I. 23 252 . 243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991 ) .................................. 26 I. 24 52 . 203-1 { 52 . 203-1} [ RESERVED ] ..................................... . .......... . .... . .. . .... 27 PAGE 6 OF 59 HHM402-08-C-0072. Table of Contents I. 25 52 . 203-1 0 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR I MPROPER ACTI VITY ( JAN 1997 ) ...... .. .. .... 27 I.26 52 . 203- 12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS ( SEP 2007 ) .... . . 27 I. 27 52 . 203- 3 GRATOITIES (APR 1984) .. . . ......................................................... 30 I.28 52 . 203- 5 COVENANT AGAINST CONTINGENT FEES ( APR 1984) .. .. .. .. .. .. .. .. .. .. .. , . .. . ... .. .. .. .. 30 I. 29 52 .2 03- 6 RESTRI CTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006 ) . . . . .. . . ... . .. . .. . 30 I. 30 52 . 203-7 ANTI-KICKBACK PROCEDURES ( JOL 1 995) .. .. .. .. . ... .. .. . ... .. .. . ... .. .. . . .. .. .. .. .. .. . 31 I.31 52 . 203- 9 (52 . 203- 9} [RESERVED ] . ....... . ............... .... .... . ....... . ... . ........... .. ... 31 I . 32 52 . 209- 6 PROTECTI NG THE GOVERNMENT ' S INTEREST WHEN SOBCONTRACTI NG WITH CONTRACTORS DEBARRED , SOSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006) . . .. .. .. . ... .. .. . ... . ....... . ... .. .. . ... .. . 31 I . 33 52 . 215- 1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004) ., , .. , .. . . . ..... .. .... 32 I.34 52 . 216-18 ORDERING (OCT 1995) . .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... ..... .. . ... .. ... ..... .. .. ... . . 34 I. 35 52 . 216-1 9 ORDER LIMITATIONS (OCT 199 5 ) .. .. .. .. . . .. .. .. .. .. .. .. . . .. .. .. .. .. ... . . . .. .. .. .. .. . 34 I. 36 52 . 216-20 DEFINITE QOANTITY (OCT 1 995) .. .. .. . . . .. .. .. .. .. .. .. .. ... . .. . ... .. ..... .. . .. . ... .. . 35 I. 37 52 . 216- 21 REQOIREMENTS (OCT 1995 ) .......................................................... 35 I . 38 52 . 216- 22 INDEFINITE QUANTITY (OCT 1995) ............. .. ... ..... .... .... .... .. ............... 36 I.39 5 2 . 219-13 ( 52 . 219-13) [ RESERVED] ............................. . ...... .. ..... . ............... 36 I . 40 52 . 219- 1 6 LIQUIDATED DAMAGES--SUBCONTRACT ING PLAN (JAN 1 999 ) .... .. ... . ... . ....... .. .. . .. .. . 36 I.41 52 . 219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JON 2003 ) ..... ... .. . .. ...... .. ......... 37 I . 4 2 52 . 219-8 UTILI ZATION OF SMAL L BUS INES S CONCERNS (MAY 2004) . .. .. . ... .. .. . .... . .. .. .. .. ... . . 37 I.43 52 . 219- 9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008 ) . .. . ... .. .. .. .. .. ... . .. . ... .. . . .. .. .. 38 I.44 52 . 222- 1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997 ) . .. .. . ... .. . ..... . ... .. .. . .. 42 I. 45 52 . 222-20 WALSH-HEALEY PUBLIC CONTRACT S ACT (DEC 1996) ..... .. ...... .. .. .. .. .. .. .. .. .. .. .. .. 43 I. 46 52 . 222-2 6 EQUAL OPPORTUNITY (MAR 2 007 ) .. .. .. .. . . .. .. .. .. .. .. .. . .. . .. . ... .. .. .. . . . ... . ... .. . 4 3 I.4 7 52 . 222-28 {52 . 222-28 ) [ RESERVED ] ..................... . ....... . ....... . ...... .. ...... . . ..... 44 I . 48 52 . 222- 3 CONVICT LABOR ( JUN 2003 ) ... .... ............ .. .............. .. . .. .. ...... ... . ..... 44 I . 49 52 . 222- 35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS , VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS . (SEP 2006 ] . . .. .. ... . .. . ... .. .. . ... .. .. . . . .. . .. . . . . .. .. .. .. .. ... . . 4 5 I.SO 52 . 222- 36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES ( JON 1998 ) ......... .. .......... . 47 I . 51 52 . 222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS , VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBL E VETERANS (SEP 2006 ) .. .. .. .. .. . ... .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. ... .. .. . ... 47 I. 52 52 . 223- 6 DRUG- FREE WORKPLACE (MAY 2001) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. .. .. .. 4 8 I . 53 52 . 225- 10 NOTICE OF BUY AMERICAN ACT REQUIREMENT--CONSTRUCTION MATERIALS (MAY 2002 ) ........ 49 I . 54 52 . 225- 11 BOY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 20 07) ....... 50 I.55 52 . 22 9-3 FEDERAL, STATE , AND LOCAL TAXES (APR 2003 ) ....................................... 52 I. 56 52 . 232-17 INTEREST (JUN 1996) .................................... . .......... . .. . ... .. ...... 53 I. 57 52 . 232-23 ASSIGNMENT OF CLAIMS (JAN 1986) .. .. . ... .. .. .. . ... ...... .. .. .. . . . ......... . ... . .. 53 I. 58 52 . 232-28 INVITATION TO PROPOSE PERFORMANCE-BASED PAYMENTS (MAR 2 000 ) .. .. .. .. . ... .. .. . ... .. 53 I. 59 52 . 233- 1 DI SPOTES (JUL 2002 ) ... . .. . .... .. . . . .... . . . .. ... . .. . ... . . .. .... .. .. . .... . . . . .... . .. 54 I.60 52 . 242- 10 {52 . 242 - 10 ) [ RESERVED ] .. .. .. .. .. .. .. .. .. .. .. .. .. . ... .. .. ... . .. .. .. .. .. . .... . .. .. . 55 I.61 52 . 246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003 ) . .. .. .. .. .............. .. . 55 I. 62 52 . 246-1 8 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAR 2001) .. .. .. .. .. ... . . . . . .. .. . ... .. . 56 I . 63 52 . 246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS OR DESIGN CRITERIA ( MAR 2001 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 I . 64 52 . 2 47 - 1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006 ) . .... .... .. ...... ... ..... .. ........ 59 PAGE 7 OF 59 HHM402-08-C-0072CLAUSES 252 . 212-7001 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (M AR 2008 ) (a ) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to i mplement a provision of law applicable to acquisitions of commercial items or components . 52 . 203- 3, Gratuities (APR 198 4) (10 u .s .c . 2207). (4) 252 . 225-700 1 , Buy American Act and Balance of Payments Program (b ) The Contractor agrees to comply with a ny clause that is c hecked on the fol l owing list of Defense FAR Supplement clauses which, if checked, is i nc luded in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components . (1) 252 . 205- 7000 , Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U. S.C . 2416) . (2) 252 . 219- 7003 , Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U. S . C. 637) . (3 ) 252 . 219- 7004 , Small Business Subcontracting Plan (Test Program) (APR 2007 ) (15 U. S . C. 637 Note) . (JUN 2005 ) (41 U. S . C. lOa- lOd, E . O. 10582) . (5 ) 252 . 225-7012 , Preference for Certain Domestic Commodities (MAR 2008 ) (10 u .s .c . 2533a) . Bearings (MAR 2006) (Section 8065 of Pub . L . 107-117 and the (6) 252 . 225-7014 , Preference for Domestic Specialty M etals (JUN 2005 ) (10 U. S . C. 2533a) . (7) 252 . 225- 7015 , Restriction on Acquisition of H and or Measuring Tools (JUN 2005 ) (1 0 U. S . C. 2533a) . (8) 252 . 225- 7016 , Restriction on Acquisition of Ball and Roller same restriction in s ubsequent DoD appropriations acts . (9) 252 . 225- 7021 , Trade Agreements (MAR 2007) (19 u. s .c . 2501-2518 and 19 u .s .c . 3301 note ) . (10 ) 252 . 225- 7027 , Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U. S . C. 2779) . (41 U. S . C. lOa- lOd abd 19 U. S . C. 3301 note). (11 ) 252.22 5-7028 , Excl us ionary Pol i cies a nd Practices of Foreign Governments (APR 2003) (22 U. S . C. 2755) . (12) (i) 252 . 225- 7036 , Buy American Act--Free Trade Agreements--Balance of Payments Program (MAR 2007 ) (ii) (Alternate I) (OCT 2006 ) of 252 . 225- 7036 . (13 ) 252 . 225-7038 , Restriction on Acquisition of Air Circuit Breakers (JUN 2005 ) (1 0 U. S . C. 2534 (a) (3)) . (14) 252 . 226-7001 , Utilization of Indian Organizations Indian-Owned Economic Enterprises , and Native Hawaiian Small Business Concerns (SEP 2004 ) (Section 8021 of Public Law 107-248 and similar sections in subsequent DoD appropriations acts) . (15) 252 . 227-7015 , Technical Data--Commercial Items (NOV 1995 ) (1 0 u. s .c . 2320). (16) 252 . 227-7037 , Validation of Restrictive Markings on Technical (18 ) 252 . 237- 7019 , Training for Contractor Personnel Interacting Data {SEP 1999) (1 0 U. S . C. 2321) . (17) 252 . 232- 7003 , Electronic Submission of Payment Requests and Receiving Reports (MAR 2008 ) (10 U. S . C. 2227) . with Detainees (SEP 2006 ) (Section 1092 of Public Law 108- 375) . (19 ) 252 . 243-7002 Requests for Equitable Adjustment (MAR 1998 ) (10 u. s .c . 2410). (2 0 ) (i) 252 . 247 - 7023 , Transportation of Supplies by Sea (MAY 2002 ) (10 u. s .c . 2631 ). (ii) Alternate I (MAR 2000) of 252 - 247-7023 . (21) 252 . 247-7024 , Notification of Transportation of Supplies by Sea (MAR 2000) (10 U. S . C. 2631) . (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to I mplement Statutes or Executive Orders--Commercial Items clause of this contract (FAR 52 . 212-5), the Contractor shall include the terms of the following clauses , if applicable, in subcontracts for commercial items or commercial components , awarded at any tier under this contract : (1 ) 252.225- 7014 , Preference for Domestic Speciality Metals , PAGE 8 OF 59 HHM402-08-C-0072Alternate I (APR 2003 ) (10 U. S . C . 2533a ) . (2 ) 252 . 237- 7019 , Traini ng for Contractor Personnel Interacting wit h Detainees (SEP 2 006) (Section 109 2 of Pub . L . 108- 375) . (3 ) 252 . 247-7023 , Transportation of Supplies by Sea (MAY 2002 ) (10 u. s .c . 2631) . (4) 252 . 247- 7024 , Notification of Transportation of Suppl ies by Sea (MAR 2 000) (10 U. S . C . 263 1) . (End of c l ause ) (iv} Alternate I II (MAR 2000 ) of 252-247-7023 . (iii ) Alternate II (MAR 2000 ) of 252- 2 47 - 7023 . 52 . 2 12-4 CONTRACT TERMS AND CONDI TIONS--COM M ERCIAL ITEMS (FEB 2007) (Reference 52 . 212 - 4) 52 . 212-5 CONTRACT TERMS AND CONDI TIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL IT8M S (JUN 2008 ) (a ) The Contractor shall comply with the followi ng Federal Acquisition Regulation (FAR) clause , whi ch i s incorporated i n t his cont ract by refe r e nce , to implement provisi ons of law o r Execut i ve orders appl icable to acquisitions of commercial items : (1) 52 . 233- 3 , Protest a fte r Award (Aug 1996 ) (31 U. S.C . 3553 ). ( 2 ) 52 . 233- 4 , Applicable Law for Breach of Contract Cl aim (Oct 2004 ) (Pub . L . 108-77 , 108-78 ) . (b) The Contractor s hall comply with the FAR clauses i n t his pa rag raph (b) that the Contract i ng Officer has indicated as being incorporated in this contract by reference to implement provisions of l aw o r Executive orders applicable to acquisit ions of commercial items : ( 1 ) 52 . 203-6 , Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995 ) (41 U. S . C . 253g and 10 u . s . c . 2402 ). ( 2 ) 52 . 219- 3 , Notice of Total HUBZone Set - Aside (Ja n 1999 ) (15 U. S . C . 657a) . ( 3 ) 52 . 219- 4 , Notice of Price Evaluation Preference for HUBZone Smal l Business Concerns (July 2005 ) (if t he offerer elects to waive t he preference , it shall so i ndicate in its offer) (15 U. S . C . 657a) . (4) [Reserved ] ( 5) ( i ) 52 . 219- 6 , Notice of Total Small Business Set - Aside (June 2003) (15 u. s . c . 644) . (ii ) Alternate I (Oct 1995 ) of 52 . 219- 6 . (iii ) Alternate II (Mar 2004) of 52 . 219-6 . ( 6 ) ( i ) 52 . 219-7 , Notice of Partial Small Business Set-Aside (June 2003 ) (15 u. s . c . 64 4) . (ii ) Alternate I (Oct 1995 ) of 52 . 219-7 . (iii ) Alternate II (Mar 2004) of 5 2 . 219- 7 . ( 7 ) 52 . 219-8 , Utilization of Small Business Concerns (May 2004 ) (15 U. S . C . 637 (d) (2 ) a nd (3) ) . ( 8 ) ( i ) 52 . 219- 9 , Small Business Subcontracting Plan (Apr 20 08) (15 U. S . C . 637(d) (4) . (ii ) Alternate I (Oct 2001 ) of 52 . 219-9 . (iii) Alternate I I (Oct 2001) of 52 . 219- 9 . ( 9 ) 52 . 219- 14 , Limitations on Subcontracting (Dec 1996) (15 U. S . C . 637(a)(14)) . ( 10 ) 52 . 219- 1 6, Liquidated Damages--Subcontracting Plan (Jan 1999 ) (15 U.S . C . 637(d) (4) (F) (i )) . (11) ( i ) 52 . 2 1 9- 23 , Notice of Pri ce Eval uat ion Adjustment for Small Disadvantaged Business Concerns (Sept 2005 ) (10 U. S . C . 2323 ) (if the offerer elects to waive the adj ustment , it shall so Disadvant a ge d Status a nd Reporting (Apr 2008 ) (Pub . L . indicate in its offer ) . (ii ) Alternate I (June 2003) of 52 . 2 1 9-23 . ( 12 ) 52 . 219-25 , Small Disadvantaged Business Participation Program - 7102 , and 10 U. S . C. 2323 ) . 103-355 , section 7102 , pja~ 9\:9F l!;gS HHMk¥-D1r-c-o o72
(13) 52 . 219-26, Small Disadvantaged Business Participation Program I ncentive Subcontracting (Oct 2000 ) (Pub . L . 103- 355 , section (14) 52 . 219-27 , Notice of Total Servi ce-Disabled Veteran-Owned Small Business Set - Aside (May 2004 ) (15 U. S . C. 657 f) . (15) 52 . 219-28 , Post Award Small Bus i ness Program Rerepresentation (June 2007 ) (15 U. S . C. 632 (a) (2)). (16 ) 52 . 222-3 , Convi ct Labor (June 2003) (E.O . 11755) . (17 ) 52 . 222- 19, Chi l d Labor--Cooperation with Authorities and Remedies Veterans of the Vietnam Era, and Other Eligible Veterans (Feb 2008 ) (E.O . 13126) . (18 ) 52 . 222-21 , Prohibition of Segregated Facilities (Feb 1999). (19 ) 52 . 222- 26, Equal Opportunity (Apr 2002 ) (E. O. 1124 6 ) . (20) 52 . 222-35 , Equal Opportunity for Special Disabled Veterans , (22 ) 52 . 222- 37 , Employment Reports on Special Disabled Veterans , (Sept 2006) (38 U. S . C. 4212) . (21) 52 . 222- 36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U. S . C. 793). Union Dues or Fees (Dec 200 4) (E . O. 13201 ). Veterans of the Vietnam Era , and Other Eligible Veterans (Sept 2006) (38 u.s .c . 4212). (23) 52 . 222-39, Not i fication of Employee Rights Concerning Payment of (24) (i) 52 . 222 - 50 , Combating Trafficking in Persons (Aug 2007) (Applies to all contracts ). (ii) Alter nate I (Aug 2007) of 52 . 22 2-50 . (25 ) {i) 52 . 223- 9 , Estimate of Percentage of Recovered Materi al Content for EPA- Designated Items (May 2008 ) (4 2 U. S . C. 6962 (c) (3) (A) (ii}). {ii ) Alternate I (May 2008) of 52 . 223- 9 (42 U. S . C. 6962 (i) (2) (C)). (26 ) 52 . 223- 15, Energy Efficiency i n Energy- Consuming Products (Dec 2007 ) (42 U.S . C. 8259b) . (27) (i ) 52 . 223-16 , IEEE 1680 Standard for the Environmental (28) 52 . 225- 1 , Buy American Act- Supplies (June 2003) (4 1 U. S . C. Assessment of Personal Computer Products (Dec 2007) (E. O. 13423) . (ii) Alternate I (Dec 2007) of 52 . 223-16 . lOa- lOd). (29) Trade Act (Aug 2007) (41 U. S . C. 10a- 10d, 19 U. S . C. 3301 (i) 52 . 225- 3 , Buy American Act- Free Trade Agreements-Israeli note , 19 U. S . C. 2112 note , Pub . L. 108- 77 , 108- 78 , 108- 286 , 109- 53 and 1 09-169. (ii ) Alternate I (Jan 2004) of 52 . 225- 3 . (iii) Alternate I I (Jan 2004) of 52 . 225-3 . (30 ) 52 . 225- 5 , Trade Agreements {Nov 2007) (1 9 U. S . C. 2501 , et seq . , 19 u.s .c . 3301 note ) . (31 ) 52 . 225- 13 , Restrictions on Certain Foreign Purchases (Jun 2008 ) (E. O. ·s , proclamations , and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury ) . (32 ) 52 . 226-4 , Notice of Disaster or Emergency Area Set-Aside (34 ) 52 . 232- 29 , Terms for Financing of Purchases of Commercial Items (Nov 2007 ) (42 U. S . C. 5150) . (33) 52 . 226- 5 , Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007 ) (42 U. S . C. 5150) . (Feb 2002 ) (41 U. S . C. 255(f ) , 10 U.S . C. 2307(f)). (35 ) 52 . 232-30 , I nstallment Payments for Commercial Items (Oct 1995) (41 u.s .c . 255 ( f ), 10 u.s .c . 2307(f)). (36) 52 . 232- 33 , Pa yment b y Electroni c Funds Transfer- Cent ral (37 ) 52 . 232- 34 , Payment by Electronic Funds Transfer- Other than Contractor Regi strat ion (Oct 2003) (31 U. S . C. 3332) . Central Contractor Registration (May 1999) (31 U. S . C. 3332 ) . (38 ) 52 . 232-36, Payment by Third Party (May 1 999) (31 U. S . C. 3332) . (39 ) 52 . 239- 1 , Privacy or Security Safeguards (Aug 1996) (5 U. S . C. Commercial Vessels (Feb 2006 ) (46 u. s . c . Appx 124l(b) and PAGE 10 OF 59 HHM402-08-C-0072552a) . ( 4 0) (i) 52 . 247-64 , Preference for Pri vately Owned U . S . -Fl a g (c) The Contractor s hall comply with the FAR clauses in this paragraph (c) , applicable to commercial services , that the Contracting Offi cer h as indi cat ed as be i ng i n corporated in this contract by reference to implement provisions of law or Executive orders applicabl e to acquisitions of commerci a l i tems : 10 u .s .c . 2631) . (ii ) Alternate I (Ap r 198 4) of 52 . 247-64 . (1) 52 . 222- 41 , Service Contract Act of 1965 (Nov 2007) ( 41 u .s .c . 351 , et seq .) . ( 2 ) 52 . 222-42 , Statement of Equivalent Rates for Federa l Hires (May 1989 ) (29 u. s .c . 206 and 41 u .s .c . 351 , et seq .) . ( 3 ) 52 . 222-43 , Fair Labor Standards Act and Service Contract Act- Price Adjustment (Multiple Year and Option Contracts ) (May 1989 ) (29 U. S.C . 206 and 41 U. S . C. 351 , et seq .) . ( 4 ) 52 . 222-44 , Fair Labor Standards Act and Service Contract Act Price Adjustment (Feb 2002 ) (29 U. S . C . 206 and 41 U. S . C. 351 , et seq . ) . (5) 52 . 222 - 51 , Exemption from Application of the Service Contract Act to Contracts for Mai ntenance , Calibration , o r Repair of Certain Equipment--Requirements (Nov 2007 ) (4 1 u .s .c . 351 , et seq . ) . ( 6 ) 52 . 222-53 , Exemption from Application of the Service Contract Act Contracts fro Certai n Services--Requirements (Nov 2007) ( 41 u.s .c . 351 , et seq . ) . (7) 52 . 237-11 , Accepting and Dispens i ng of $1 Coi n (Aug 2007) ( 31 u.s .c . 5112 (p) (1)). (d ) Comptroller General Examination of Record . The Contract or s hall compl y with the provi sions of this paragraph (d) if this contract was awarded us ing other t han sealed b i d , i s i n excess of the simplified acquisition threshold, and does not contain the clause at 52 . 215-2 , Audit and Records Negotiation . (1 ) Notwithstanding the requirements of the clauses in paragraphs (a ), (b) , (c) , and (d) of this clause , t he Contractor is not required to flow down any FAR clause , other than t hose in paragraphs (i ) through (vii of this paragraph in a subcontract for commercial items . Unless otherwise indicated below, the e xtent of t he flow down s hall be as required by the clause- - (i) 52 . 2 1 9-8 , Utilization of Small Business Concerns (May 2004 ) (1 5 U. S . C. 637 (d) ( 2 ) and ( 3 )) , i n all subcontracts t hat offer further subcontracting opportunities . If the subcontract (except s ubcon t racts to small bus iness concerns) e x ceeds $550 , 000 ($1 , 000 , 000 for const ruction of any public facility ) , the subcontractor must include 52 . 219- 8 in lower tier subcontracts that offer s ubco n t racting o pportunities . (ii ) 52 . 222 - 26 , Equal Opportunity (Mar 2007 ) (E . O. 11246 ). ( i ii} 52 . 222- 35 , Equal Opport u nit y for Special Di sabled Veterans , Veterans of the Vietnam Era , and Other Eligibl e Veterans (Sept 2006) (38 U. S . C . 4212 ). ( i v) 52 . 222 - 36 , Affirmative Action for Workers with Disabil ities (June 1 998 ) (29 U. S . C . 793 ) . ( v ) 52 . 222 - 39 , Notification of Employee Rights Concerning Payment of Union Dues or Fees (D EC 20 04) (E . O. 13201) . (vi) 52 . 222- 41 , Service Contract Act of 1965 (Nov 2007) (4 1 U. S . C. 351 , et seq . ) . (vii ) 52 . 222-50 , Combating Trafficking i n Persons (Aug 2007 ) ( 22 U. S . C . 7104(g) ). Flow down required in accordance with paragraph ( f ) of FAR c lause 52 . 222- 50 . (viii ) 52 . 222-51 , Exemption from Application of the Service Contract Act to Contracts for Maintenance , Calibration , or Re pair of Certain Equipment--Requirements (Nov 2007 ) (41 U.S . C . 351 , et seq . ). (1 ) The Comptroller Ge neral of the United States , or an authorized representative of t he Comptroller General , shall have access to and right to examine any of the Contractor's d i rectly pertinent records involving transactions related to this contract . (2) The Contractor shall make avai l able at its off i ces a t a l l reasonabl e times the r ecords , 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 compl etely or partially terminated, the records relat i ng to t he work t ermi nated shall be made avai l a b l e f o r 3 years after any resulting final termination settlement . Records relating to appeals under the disputes clause or to lit i g at i on o r the settlement of clai ms aris i ng under or relating to this contract shall be made available until such appeal s , litigation , or claims are final l y resolved . (3) As used in this clause , records include books , doc uments , accounting procedures and practices, a nd other data , regardless of type and regardl ess of form. Thi s does not require the Contractor PAGE 11 OF 59 HHM402-08-C-0072
to create o r maintain a n y reco rd t h a t the Co nt rac tor does n o t maintain in the ordi n a r y course of business or p u rsuant to a p rovision o f law. (e) (ix) 52 . 222-53 , Exemption from Ap plication of the Service Contract Act to Contracts for Certain Services--Requirements (Nov 2007 ) (41 U. S . C . 351 , et seq . ) . (x) 52 . 2 47 - 64 , Preference for Pri vately Owned U. S . -F l ag Commerc i al Vesse l s (Feb 2006 ) ( 46 U. S . C . Appx 1241 (b) a nd 10 U. S . C . 2631) . Fl ow down required in accordan ce wit h p aragraph (d) of FAR c l ause 52 . 247- 6 4 . (End o f Clause ) (2 ) While no t require d , the cont ractor may i nclude i n i t s subcont racts for commerci al ite ms a minimal number of additional clauses necessar y t o s a t i sfy i ts contra ctual oblig a t i ons . 52 . 232- 1 PAY MENTS (APR 198 4) (Refere nce 52 . 232 - 1 ) 52 . 232- 25 PROM PT PAY MENT (OCT 2003 ) {Refer ence 52 . 232 - 25) 5 2 . 233-1 DISPUTES (JUL 20 02 ) (Reference 52 . 233 - 1 ) 5 2 . 246- 1 CONTRACTOR I NSPECTION REQUI REMENTS (APR 1984) The Contractor is responsible for performi ng or having performe d al l inspect i ons and tests necessar y to s ubstantia t e that the s uppl i es or services f ur n i s h ed under this contract conform t o cont ract requirements , incl u d i ng a ny a pplicabl e technical requireme nts for specifi e d ma nufacturers ' ' parts . Thi s clause takes p recedence over any Government i n spection and testing required i n the contract ' ' s specifi cat i o n s , e xcept for specialized inspect i ons or tests s pec i fied to be performed sol e l y by the Government . (End of Cl a use ) 52 .2 46-16 RESPONSIBILITY FOR SUPPLIES (APR 1 984) {Reference 52 . 246- 16 ) PAGE 12 OF 59 HHM402-08-C-0072SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS B. l 52 . 227-17 RIGHTS IN DATA--SPECIAL WORKS (DEC 2007) (a) Definitions . As used i n this c l ause- - "Data " means recorded information , regardless of form or the me dia on whi ch i t may be recorded . The term incl udes technical dat a and computer software . The term does not include information incidental to con t ract administration , such as fina ncia l , administrative , cost or pricing , or management i nfor mation . "Unlimited rig hts " means the rights of the Government to use , d isclos e , reproduce , prepare derivative works , distribute copies to the public , and perform p ublicly and d i splay publicly , in any ma nner and for any p urpose , and to have or permit othe rs to do so . (b) Allocation of Rights . (1 ) The Government shall have- - (i) Unlimited rights i n a l l data delivered under this contract , and in a l l data first produced i n the pe r for mance of this contract , except as provided i n paragraph ( c ) of t his clause . (i i ) The right t o limit assertion of copyright in data f i rst produced in the performance of t his contract , and to obtain assignment of copyright in t hat data , in accord ance with paragraph (c ) (1 ) of this clause . (iii ) The right to limit the release and use of certain data in accordance with paragraph (d) of t h i s clause . (2 ) The Contractor shall have , to the extent permission is granted in accordance with paragraph (c) (1 ) of thi s c lause, t h e r ight to assert clai m to copyri ght subsist i ng i n data first produced in the performance of this contract . (c ) Copy r i ght- - (End of clause ) (1 ) Data firs t produced in the performa nce of t his contract . (i) The Contractor s hall not assert or authorize others to assert any claim to copyri ght subsi s ting i n any da t a first produced i n t he performance of t his contract without prior written permission of the Contract i ng Officer . When copyright is asserted , the Cont ractor shal l affix the appropriate copyr ight notice of 17 U. S . C . 401 or 402 and ack nowledgment of Government sponsorsh i p (including contract number) to the data when deli vered to the Government , as well as whe n the data are publishe d or deposited for registration as a p ublished work i n the U. S . Copyri ght Office . The Contractor grants t o the Government , and others acting o n its behalf , a paid-up , nonexclusive , irrevocable , worldwi de license for all delivered data to reproduce , prepare derivative work s , distribute copies to t he p ubl i c , and perform publicly and display publ icly , by or on behalf o f the Government . (ii) I f the Government desires to obtain copyrig ht in data first produced in t h e performance of this cont ract a nd permission has not been granted as set fort h in paragraph (c ) (1 ) ( i ) of this c lause , the Contracting Officer s hall direc t t he Contractor to assign (with o r without registration ), or obtain the assignment of , the copyri ght to the Government or its designated assignee . (2 ) Data not first produced in the performance of this contract . The Contractor shall not , without pri or written permission of the Cont racting Office r , i n corporate i n data delivered u nde r this cont rac t an y data not first p roduced i n the p erformance of t his cont ract and that contain t he copyri ght not i ce of 17 u.s .c . 401 or 402 , unless the Contractor ident i fies such data and grants to the Government , or acquires on its behalf , a license of t he same scope as set forth in paragraph (c) (1 ) of this clause . (d ) Rel ease a nd use restr ictions . Except as otherwise specifica lly provided for i n t h i s contract , the Contractor shal l not use , release, reproduce , distribute , or publish any data first produced i n the perfor mance of this contract , nor authorize others to do so , wi thou t writte n p ermi ssion of t he Contract i ng Officer . (e) Indemn i ty . The Contractor shall indemnify the Government and its officers , agents , a nd employees act ing for t he Government against any liability , includi ng cost s and e xpenses , i ncurred as t he result of the viol ation of trade secrets , copyrights , or right of privacy or publicity , arising o ut of t he creatio n , delivery , publ ication , or use of a n y data f urnished unde r thi s cont ract ; or a ny libelou s or other unlawful matter contai ned i n s uch data . The provisions of t h is paragraph do not a p ply u nless the Gover nment p rovides notice to the Contractor as soon as practicable of any c l aim or s uit , afford s the Contractor an opportunity under appl icable laws , rules , or regulations to participate in the defense of the claim or suit , and obtains the Contractoris consent to the settlement of any claim or s uit other than as required by final decree of a court of competent j urisdict i on ; and these p rovisions do not a pply to material furnis hed to the Contractor b y the Government and incorpora t ed i n data t o which this clau se a pplies . PAGE 13 OF 59 HHM402-08-C-0072
SECTION E INSPECTION AND ACCEPTANCE E . l 252 . 211 - 7004 ALTERNATE PRESERVATION, PACKAGING , AND PACKING (DEC 1991) (a) The Offeror may submit two unit prices for each i tem--one based on u se of the military preservation , packaging , or packing requirements of the solicitation ; and an alternate based on use of commercial or industrial preservation, packaging, or packing of equal or better protection than the military . (b) If the Offerer submits two u nit prices , the following information , as a minimum, shall be submitted with the offer to allow evaluation of the alternate- - (! ) The per unit/item cost of commercial or industrial preservation , packaging , and packing ; (2) The per unit/item cost of military preservation , packaging, and packing ; (3) The description of commercial or industrial preservation , packaging, and packing procedures , including material specifications , when applicable , to incl ude- - (viii) Unit container ; (i) Method of preservation ; (ii) Quantity per unit package ; (iii) Cleaning/drying treatment ; (iv) Preservation treatment ; (v) Wrappi ng materials ; (vi) Cushioning/dunnage material; (vii) Thickness of c ushioning ; (ix) Unit package gross weight and dimensions ; (x) Packing; and (xi ) Packi ng gross weight and dimensions ; and (4) Item characteristics , to include- (i) Materia l and fi nish; (ii) Net weight ; (iii } Net dimensions ; and (iv) Fragility . (c) If the Contracting Officer does not evaluate or accept t he Offerer's proposed alternate commercial or industrial preservation, packagi ng, or packing, the Offerer agrees to preserve , package , or pack in accordance with the specified military requirements . (End of provision) PAGE 14 OF 59 HHM402-08-C-0072
SECTION F DELIVERIES OR PERFORMANCE F . l 52 . 247 - 29 F . O. B . ORIGIN (FEB 2006) (a ) The te r m " f . o . b . o r igi n ," a s u sed in this clau se , means f ree of expense to the Government delivered- - (1 ) On board the i ndicated type of conveyance of the carrier (or of the Government , if specified) at a designated point in the city , county , and State from whi ch the shipment wil l be made and from which line-haul transportation service (as distinguished from switching, local drayage , or other termi nal service ) will begin ; (2) To, and placed on , the carrier ' ' s wharf (at shipside , within reach of the ship ' ' s loading tackle , when t he shipp ing point is within a port area having water trans portation service) or t he carrier ' ' s freight station ; (3) To a U. S . Postal Service facility ; or (4) If stated in the solicitation , to any Government designated point located within the same city or commercial zone as the f . o . b . origin point specified in t he contract (the Federal Motor Carrier Safety Administrat i on prescribes commercial zones at Subpart B of 49 CFR part 372) . (b) The Contractor s hall- - (i i ) In t he a b sence of specifi cat i ons , prepare the s h ipment i n confor ma nce wi th carri er requi rements to protect the goods and to ensure assessment of the lowest applicabl e transportation c ha r ge ; ( 1) (i) Pac k and mark t h e shi pment t o comply wit h cont ract specifi c a t i ons ; or (2) (i) Order specified carr i er equipment when requested by the Government ; or (ii ) If not specified , order appropriate carrier equipment not in excess of capacity to accommodate shipment ; (3 ) Deliver the shipment i n good order and condition to the carrier , and load, stow , trim, block , and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier ' ' s conveyance as requi red by carri er rules a nd regulation s ; (4) Be responsible for any loss of and/or damage to the goods- ( i ) Occurring before delivery to the carrier; (ii ) Resulting from improper packing and marking; or (i ) A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest freight rates are appl icable ; (iii ) Resulting from improper loading , stowing , trimming, blocking, and/or bracing of the s hi pment , i f l oaded by the Contract or on or i n the carrier ' ' s conveyance ; (5) Complete the Government bill of lading supplied by the ordering agency or, when a Government b il l of lading i s no t suppl i e d , prepa re a commer c i al b i ll of l adi ng or other t r a n sportation rece i pt . The bill of lading shall show- - (ii) The seal s a ffi xed t o t h e conveyan c e wi t h t heir ser ial n umb e r s or o t he r ident i ficat ion ; (iii ) Lengths and capacities of cars or trucks ordered and furnished ; ( 6 ) Dist r ibute the copi es of t he b ill of lading , or other transportation receipts , as d i rected by the ordering agency . ( i v ) Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address , postal address and ZIP code of consignee , routing , etc .; (v) Special instructions or annotations requested by the ordering agen cy for commercial b i lls of lading ; e . g ., "This shipment is the property of , and the freight charges paid to the carrier(s ) will be reimbursed by, the Government "; a nd (vi ) The signature of the carrier ' ' s agent and the date the shipment is received by the carrier ; a nd (c) These Contractor responsibilities are specified for performance at the plant or plants at which t he supplies are to be finally inspected and accepted, unless t he facilities for shi pment by carrier ' ' s equipment are not avai l able at the Contractor ' ' s p l ant , in which case the responsibilities shall be performed f . o . b. the point or points in the same or nearest city whe r e the speci fied carr ier' ' s fac i lit i es are availabl e ; subject , however , t o t he following quali fications: (1) If the Cont racto r ' ' s s hipping p lant is l ocated i n t he Sta te of Alaska o r Ha wa ii , t he Contractor shall deliver the supplies listed for shipment outside Alaska or Hawaii to the port of loading i n Alaska o r Hawaii, r espectively , a s specif i ed in t he contract, a t Cont ractor' ' s e xpense , and to that extent the contract shall be " f . o . b . destination .• (2 ) Notwi ths t a nding paragraph (c) (1) of thi s clause , if the Contractor ' ' s shippi ng plant is located in the State of Hawaii , and the contract requires delivery to be made by container service , the Contractor shall deliver the supplies , at the Contractor ' ' s expense , to the container yard in t he same or nearest city where seavan container service is avai lable . PAGE 15 OF 59 HHM402-08-C-0072
(End of Cl ause ) F . 2 52 . 247-34 F . O. B. DESTI N ATION (NOV 1991 ) (a ) The term " f . o .b. destination , " as used i n this clause , means- - (1 ) Free of expense to the Government , on board the carrier ' ' s conveyance , at a specifi ed delivery point where the consignee ' ' s facility (plant , warehouse , store , lot , or other location to whi ch shipment can be made) is locat ed; a nd (b) The Contractor s hall- - (3) Del i ve r t he s h ipment i n good order and condi t ion t o the poi nt of delivery spe c i fi e d i n t he contract ; (2 ) Supplies s hall be delivered t o the dest i na t i on c ons ignee ' ' s whar f (if dest i nat i on i s a port city and suppl ies are for export ) , warehouse unloading platform, or receiving dock , at the e xpense of t he Cont ractor. The Gove r nment shall not be liab le f o r any delivery , storage , demurrage , accessorial , or other charges involved before the actual delivery (or "constructive p l acement " as defined i n carrier tari ffs ) of the supplies to t he destination , unless s uch charges are caused by a n act or order of the Government acting i n its contractual capaci ty . If rail carrier is used , supplies shall be delivered to the specified unloading platform of the consignee . I f motor carrier (i ncluding "p iggyback " ) is used, s upplies shall be delivered to truck tai l gate at the unl oad i ng platform of the consignee , except when the supplies delivered meet the requirements of Item 568 of the Nat i onal Motor Freight Classification for "heavy or bulky frei ght ." When supplies meeting the requirements of the referenced Item 568 are delivered , unloading (including movement to the tailgate ) shall be performed by t he consignee , with assistance from t he truc k driver , if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments , the contractor shall e nsure t hat the carrier will furnish tailgate delivery , when required , if transfer to t r uc k i s required to complete deliver y to consignee . ( 1 ) (i ) Pack and mark t he s hi pment t o c omply with cont ract specifi c a t i ons ; o r (ii ) In the absence of specifications , prepare the shipment in conformance with carrier require ment s ; (2 ) Prepare and distribute commercial bills of lading; (4 ) Be r espons ibl e f o r any l os s o f a nd /or damage t o t h e goods occ urri ng bef ore r ecei pt of the s hipment by t he consignee at the delivery point specified in the contract ; (5 ) Furnish a deliver y schedule a nd des i gnate t he mode of deli ver i ng carr i e r ; and (6 ) Pay and bear al l c harges to the specified point of delivery . (End of Clause ) PAGE 16 OF 59 HHM402-08-C-0072
SECTION I CONTRACT CLAUSES I . 1 252 . 203- 700 0 {252 . 203 - 70 00} [RESERVED ] I . 2 252 . 203 - 7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE- CONTRACT- RELATED FELONI ES (DEC 2004 ) (a) "Def init i ons ." As use d in t h is clause- - (1) "Arising out of a contract with the DoD " means any act in connect i on with- - (i) Attempting to obtain ; (ii) Obtai ning; o r (iii ) Performi ng a contract or first - tier subcontract of any agency, department , or component of the Department of Defense (DoD ) . (2 ) "Conviction of fraud or any other felony " means any conviction for fraud or a felony i n violation of state or Federal criminal statutes , whether entered on a verdict or plea , i ncl uding a plea of nolo contendere , for which sentence has been imposed . (3 ) "Date of conviction " means the date j udgment was e ntered agai nst the indi vidual . (2) On the board of directors of t he Contractor ; (3) As a consultant , agent , or r epresentative for the (b ) Any individual who is convicted after September 29 , 1988, of fraud or any other felony arising out of a contract with t he DoD is prohibited from serving- - (1 ) In a management or supervisory capacity on this contract ; Cont ractor ; or (4) In any other capacity with the authority to infl uence , advise, or cont rol the dec i sions of t he Cont ractor wit h paragraph (b) of t hi s clause ; or t he cont ractor o r first-tier s ubcontractor . regard to t his contract . (c) Unless waived , the prohibition in paragraph (b) of this clause applies for not less than 5 years from t he date of conviction . (d) 10 u.s .c . 2408 provides that the Contractor shall be subject to a criminal penalty of not more than $500 , 000 if convicted of knowingly- - (1 ) Employing a person under a prohibition specified in (2 ) Allowing such a person to serve on the board of directors of (e ) In addition to the cri minal penal ties contained in 10 U. S . C. 2408 , the Government may consider other available remedies , such as- - (f) The Contractor may s ubmit written requests for waiver of the prohibition i n paragraph (b ) of t his clause to the Contracting Officer . Requests shall clearly identify- (1) Suspens i on o r debarment ; (2 ) Cancellation of the contract at no cost to the Government ; or (3) Termination of the contract for default . (1) The person involved ; (2) The nature of the convi ction and resultant sentence or (4 ) An explanation of why a waiver is in the interest of puni shment i mposed; (3 ) The reasons for the requested waiver ; and national security . (g) The Contract or a grees to i nclude the substance of this c l ause , a pprop riately modi fied to reflect the identity and relationship of the parties , in all first-tier subcontracts exceeding simplified acquisition threshold in Part 2 of the Federa l Acquisition Regulation, except those for commercial items or components . (h) Pursuant to 10 U. S . C. 2408 (c ) , defense contractors a nd subcontractors may obtain information as to whether a particular person has been convicted of fraud or any other fe l ony arising out of a cont ract with the DoD by contacting The Office of Justice Programs, The Denial of Federal Benefits Office , U. S . Department of Justice , telephone (301) 809-4904 . (End of clause) I . 3 252 . 205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) (a ) "Definition ." "Cooperative agreement holder " means a State or local government ; a private , nonprofit organization ; a tribal organization (as defined in section 4 (c ) of the Indian Self PAGE 17 OF 59 HHM402-08-C-0072Determination and Education Assi stance Act (Pub . L . 93-268 ; 25 U. S . C . 450(c) )) ; or an economic e nterprise (as defined in section 3 (e ) of the Indian Financing Act of 19 74 (Pub . L . 93 -3 62 ; 25 U. S . C . 1452(e) )) wh ether such economi c enterprise is o r ganized for profit o r nonp r ofit p u rposes ; which has an agreement with t he Defense Logistics Agency to furnis h procurement technical assistance to b usiness entities. (End of c l ause ) (b) The Contractor shall provi de cooperat i ve a g reement hol ders , upon their request , with a list of those appropriate e mployees or offi ces responsible for entering into s ubcontracts under defense contracts . The list shall i nc lude the bus iness address , tel ephone number , and area of respons i bility of e a c h e mployee or office . (c ) The Contractor need no t provide t he listing to a particular cooperative agreement holder more f requentl y than o nce a y ear . I . 4 252 . 211-7000 ACQUI SITI ON STREAMLI NING (DEC 1991) (a ) The Govern me nt's acquisition streamlin ing objectives are to- (1 ) Acquire s ystems that meet stated p e r formance requireme nts ; (2 ) Avoid over-speci ficat ion ; a nd ( 3 ) Ensure that cost- e ffective requirements are incl u ded i n fut u re acquisit i ons . (b) The Contractor s hall- - (1 ) Prepare and submit acquisit i on streamlining recommendations i n a ccordance with the statement of work of this cont ract ; and (2 ) Format and submit t he recommendations as prescribed b y data requirements o n the contract dat a requirements l ist of this contract . (c ) The Gov ernment has the r i g h t to accept , modify , o r reject t h e Cont ractor's recommen dations . (d ) The Contractor s hall insert t his clau se , including t his paragraph (d ), in all subcontracts over $1 million, awarded i n t h e performance of this cont ract . (End of c l ause ) I . 5 252 . 211-7001 AVAI LABI LI TY OF SPECI FICATIONS , STANDARDS , DATA I TEM DESCRIP TIONS NOT LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORM ATION SYSTEM (ASSIST) , AND PLANS , DRAW INGS , AND OTHER PERT I NENT DOCUMENTS (MAY 2006) Offeror s ma y obtai n t he specifications , standards , p lan s , drawings , data i tem descriptions, a n d other pertinent documents cited i n this solici tation by s ubmitting a request to : Inc l ude t he numbe r of t he sol i citation and the title and n umbe r of t he specifi cat i on , standard, plan, drawing, or other pertinent document . (End of provision ) I . 6 252 . 2 11-7 00 2 AVAILABILITY FOR EXAM I NAT ION OF SPECIFICATIONS , STANDARDS , PLANS , DRAW INGS , DATA ITEM DESCRIPTIONS , AND OTHER PERTINENT DOCUMENTS (DEC 1 991 ) The specificat ions , s t andards , p l ans , drawings , data it e m descri ptions , and other pert i nent documents cit ed i n thi s solicitat i on a r e not availab l e for distribution but ma y be e xamine d at t he following l ocation : (End of p rovis ion) I . 7 252 . 211-7003 I TEM IDENTIFICATION AND VALUATION (AUG 2 008 ) (a) "Definitions ." As used i n this clause- - (1 ) For i t e ms t hat a r e serialized within the e nterprise identifier , the lin k i ng toget her of the u nique i de ntifier data elements in order of the issuing agency code , enterprise identifier , a nd unique seri al n umber within t h e e nterpri se i dentifier ; or "Enterprise " mean s the e ntity (e . g ., a manufacturer or vendor) responsible for assigning unique item identifi ers to items . "Automatic identification device " means a devi ce , such as a reader or interrogator , used to retrieve data encoded on machine -readable media . "Concatenated uni que i tem i de ntifi er " means- - (2 ) For items t hat are serialized withi n t he original part , lot , or batch number , the l inking together of the uni que identifi er da t a elements i n order of t he is su i ng agency code ; enterpr i se identifier ; original part , lot , or batch number ; and serial number within the original part , l ot , or batch number. PAGE 18 OF 59 HHM402-08-C-0072
"Data qual ifi er " mean s a speci fied c haracter (or string of characters ) that i mmediately precedes a data field that defines t he general category or intended use of the data that fol l ows . "DoD r ecogni zed unique i denti f ication equi valent " me ans a un i que i dent i f i c a t i on method t hat is in commercial use and has been recognized by DoD . All DoD recognized unique identification e q u i v a l e nt s a r e l isted at h t tp : // www . acq . o sd . mil/dpap/pdi /uid/ i ui d _ e quiva l ent s . html . "DoD unique item identification " means a system of marking items delivered to DoD with unique item i dent i fie r s t hat have ma c h ine- r eada b l e d ata e l ement s t o dist i ngui s h an i tem f r om a l l other like and unlike items . For items that are serialized within the enterprise ident i fier , the unique item i dent i fie r s hal l incl u de t h e d a ta elements of the e nterp r ise ident ifi er , and a unique ser ial nu mber . For items that are serialized with in the part , lot , or batch number within the enterprise identifier , t he unique item identifier shall include the data elements of the enterprise identifier , t he ori ginal part , lot , or batch number , and the serial number . "Enterprise identifier " means a code that is uniquely assigned to an enterprise by an issuing a gency . "Government's unit acquisition cost " means- - (1 ) For fixed- price type line , subline , or exhibit line items , the unit price i de ntified in t he contract at the time of del ivery ; (2 ) For cost - type or u ndefinitized line , subline , or e xhibit line items , the Contractor ' s estimated ful l y b u rdened unit cost to the Government for each item at the time of del i very ; and (3) For items produced under a time-and-materials contract , the Contractor's estimated fully b urde ned uni t cost t o the Gove r nment at the t i me of delivery . "Machine-readable " means an automatic identification tec h nology media , such as bar codes , contact memo r y buttons , r adio fre q uency i dent i f ication , or opt i c a l memo r y c a rds . " Issuing agency " means an organization responsible for assigning a non-repeatable identifier to an e nterpri s e (i . e ., Dun & Br adst reet 's Data Univers al Nu mbe r ing System (DUNS) Number , GSl Compa ny Prefix , or Defense Logistics Information System (OLIS) Commercial and Government Entity (CAGE) Code) . " Issuing agency code " means a code that designates the registration (or controll i ng ) authority for t he e n terprise identifi er . "Item" means a single hardware articl e or a s i ngle uni t formed by a g rouping of subassemblies , components , or constituent parts . "Lot o r batch nu mber" mean s an i dent ifying n umber ass i gned by the enterpri se to a des i gnated group of items , usually referred to as either a lot or a batch , all of which were manufactured under identical condition s . "Original part number " means a combination of numbers or letters assigned by the enterprise at item creation to a class of items wit h the same form , fit , fu nction , a nd interface . "Parent item" means the item assembly , intermediate component , or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification i equival ent . " Seri al number withi n the enter pri se i de ntif i er " or "unique ser ial n umber " means a combinat i on of numbers , letters , or symbols assigned by the enterprise to an item that provides for the d i ff e rentia t ion of tha t i tem f r om a ny othe r l i k e a nd unl i ke i tem a n d i s neve r use d aga i n withi n the enterprise . " Serial n u mber withi n t h e part , l o t , o r batc h numbe r " me a n s a c ombinat ion of number s o r lette r s assigned by the enterprise to an item that provides for the differentiation of that item from any othe r like i tem withi n a part , lot , or batch number as s i g nment . "Serialization within the enterprise identifier " means each item produced is ass i gned a serial n umber t hat is un i que among a ll t he tangibl e i tems produced by the enter pri se and i s never used again . The enterprise i s responsibl e for ensuri ng u nique serial ization within the enterpri se identifier . "Serialization within the part , l ot , or batch number " mea ns each i tem of a particular part , l ot , or batch number is assigned a unique serial number within that part , lot , or batch number assignment . The e nterprise is resp onsible for ensuring u n i que serialization within t he part , l ot , or batch number within the enterprise identifier . "Uniq ue item identifier " mean s a set of data element s marked on items that is globally u n ique and unambiguo us . The term includes a concatenated unique item identifier of a DoD recognized unique identification equivalent . "Unique i tem i de ntifi er type " means a des i gnator to i ndicate which method of unique l y ident i fyi ng a part has been used . The current list of accepted unique item identifier types is maintained at http : // www . a cq . osd . mi l /dpap/pdi /ui d/ui i_types . ht ml . (c ) Unique item identifier . (b) The Cont rac t o r s hall del iver a ll i tems unde r a contract l i n e , s ubline , o r e x h ibi t l ine i tem . (1 ) The Contractor shall provide a unique item identifier for the following : ( i ) Al l delivered items f o r whi ch t h e Gove r nme nt 's u n i t acquis i tion cost is $ 5 , 000 o r mo r e . (ii ) The following items for which t he Government's unit acquisition cost is less t han $5 , 000 : PAGE 19 OF 59 HHM402-08-C-0072
Contract Line , Subline , o r Item Descr iption Exhibi t Lin e I tem Numbe r (iii ) Subassemblies , components , and parts embedded within del ivered items as specified in Atta c hment Numbe r (2 ) The unique item identifier and the component data e l ements of the DoD unique item identification shal l no t c hange o ve r the l i fe of t he i tem . ( 3 ) Data synta x and semantics of u nique identifiers . The Contractor s hall ensure that- - ( i ) The encoded data elements (except issuing agency code ) of the unique item identifier are marked on the i tem us ing o ne of the fo l lowi ng three types of data qual ifiers , as determi ned by t he Contractor : (A) Application Identifiers (Ais ) (Format Indicator 05 of ISO/IEC International St andard 15434 ) , in accordance with ISO/IEC International Standard 15418 , Information Technology# EAN/UCC Application Identifiers a nd Fact Data I d e ntifiers and Mai nte nance and ANSI MH 10 . 8 . 2 Data Identifier and Application Ident i fier Standard . (B) Data Identifiers (Dis ) (Format I ndicator 06 of ISO/IEC International Standard 15434 ) , in accordance with ISO/IEC International Standard 1541 8 , Informat i on Technology# EAN/UCC Application Identifiers a nd Fact Data Ide ntifiers and Mai ntenance and ANSI MH 10 . 8 . 2 Data Identifier a nd Appl i cation I dent i fie r Standard . (C) Text Element Identifiers {TEis) (Format Indicator 12 of ISO/IEC International Standard 15 434 ) , i n accorda n c e with t he Air Tr a nsport Associa t i on Co mmon Support Data Dict i onar y ; a nd (ii ) The encoded data elements of the unique item identifier conform to the transfer structure , syntax , and c odi ng of mes sag es a nd d a t a f o r ma t s spec i fied for Format I ndicato r s 05 , 06 , a nd 12 i n ISO/IEC International Standard 15434 , Information Technology# Transfer Syntax for High Capacity Automatic Data Capture Medi a . (4 ) Unique item identifier . (i) The Contractor s hall- - (1 ) Serialize with in the enterp rise ident i fier ; (A) Determi ne whether to- - ( 2 ) Serial ize with in the part , lot , or batch number ; o r (3 ) Use a DoD recognized u nique identification equivalent ; and (B) Place t he data elements of the u nique item identifier {enterprise identifier ; serial number ; DoD recognized unique identification equivalent ; and for serialization within the part , lot , or b atch number o n ly : orig inal part , lot , or batch n umber) o n items requiring marking by paragraph (c ) (1 ) of this clau se, based on the cri teri a provided i n the version of MIL-STD-130 , Identification Marking of U. S . Military Property, cited i n t he contract Schedule . (d ) For each i tem t hat requires uni que item i dent i c a t i on u nde r paragraph (c ) of this clau se , in addition to the information provided as part of the Material Inspection and Receiving Report speci f i e d e lsewh e re i n t h i s c ontract , the Cont racto r sha l l report at the t i me of delivery, either as part of , or associated with , t he Material Inspection and Receiving Report , the following i nfo rmation : (1 ) Unique item identifier . (2 ) Un i que i tem i dent i f i er type . ( 3 ) Issuing agency code (if concatenated un ique item identifier is used ) . (4 ) Enter pri se i dentif i e r (if concatenated unique i tem i de ntifi er i s used) . (5 ) Orig inal part number ( i f t here i s serial ization wit h in the origi nal part number ). ( 6 ) Lot or batch n umber (if there is serialization wit h in the lot or batch number ) . (7 ) Current part n umber (optional and o n ly i f not the same as t he orig ina l part n umber) . (8 ) Current part number effective date (optional and only if current part number is used) . ( 9 ) Serial number (if concatenated unique item identifier is used) . (10) Government's unit acquisition cost . (11 ) Un i t of measure . (e ) For embedded subassemblies , components , and parts that require DoD unique item ident i fication under paragraph (c ) (1 ) {iii ) of this clause , t he Contractor s hall report as part of , or associated with, the Material I n spection and Receiving Report specifi ed elsewhere i n thi s contract , the following information : (1 ) Un i que i t e m i de nti f i er of t he par e nt item under p a ragraph (c ) (1) o f t h i s c l a use tha t cont a i ns the e mbedded subassembly , component , or part . (2 ) Un i que i tem i dent i f i er of t he embedded subassembly, c omponent , o r part . ( 3 ) Unique item identifier type . ++ ( i i ) Th e i ssuing a g ency code- - (A) Shal l not be p l aced on the item; and (B) Shal l be de rived from t he data qual i fie r fo r t he e nte r p r ise identifie r. (4 ) Issu ing agency code (if concatenated un i que item identifier is used) . ++ (5 ) Enterprise identifier (if concatenated unique item identifier is u sed ) . ++ PAGE 20 OF 59 HHM402-08-C-0072(6) Original part numbe r (if there i s serialization within the origi nal part number) . ++ (7) Lot or batch number (if there is serialization within t he l ot or batch number). ++ (8) Current part n umber (optional and only i f not the same as the o riginal part n umber) . ++ ( 9 ) Current part number effective date (optional a nd o nl y if c u rrent part number is used). ++ (10) Serial number (if concatenated uni que item identifi er i s u sed) . ++ (1 1) Description . ++ Once per item . ( f ) The Contractor s hall submit t he information required by paragraphs (d) and (e ) of this clause in accordance with the data submission procedures at http : //www . a cq. osd.mil/dpap/pdi /uid/ data_submission_information . h tml . (g) Subcontracts . If the Contractor acquires b y subcontract , any item( s ) for which unique item i dentification is r e quire d i n accordance with paragraph (c) (1) of this clause , the Contractor shall i nclude this c l ause , i ncludi ng this paragraph (g ), i n the applicable subcontract ( s ) . (End of clause) I . 8 252 . 211-7004 ALTERNATE PRESERVATION, PACKAGI NG , AND PACKING (DEC 1991) (a ) The Offerer may s ubmi t two unit prices for each item--one based on u se of the military p reservation , packaging, or packi ng requirements of the solicitat i on ; and an alternate based on use of commercial or i ndustrial preservat i on , packaging, or packing of equal or better protection than the military . (b) If the Offerer s ubmits two unit prices , the following information , as a minimum, shal l be submitted wi th the offer to allow evaluation of t he alternate- - (1 ) The per uni t/item cost of commercial or industrial preservation , packaging , a nd packing; (2) The per uni t/item cost of mi l i tary preservation , packaging, and packing ; (3) The description of commercial o r industrial preservation , packaging, and packing procedures , including material specificat i ons, when applicable , to incl ude- - (i) M ethod of preservation ; (ii) Quantity per unit package ; (iii ) Cleaning/d r ying treatme nt ; ( i v) Preservation treatment ; (v) Wrapping materials ; (vi ) Cushioning/dunnage material ; (vii ) Thi c kness of cushioning ; (viii ) Unit cont a i ner ; (ix) Unit package gross weight and dimensions ; (x) Packing; and (xi) Packing gross weight and d i mensions ; and (4 ) Item c haracteristics , to i nclude- (i) Materia l and fi nish ; (ii) Net weight ; (iii } Net dimensions ; and ( i v ) Fragility . (c ) If t he Contracting Officer does not evaluate or accept the Offerer's proposed a l ternate commercial or i ndustrial p reservation, packaging, or packi ng, the Offerer a grees to p reserve , package , or pack in accordance with the specified military requirements . (End of provision) I . 9 252 . 211-700 6 RADIO F REQUENCY IDENTIFICATION (FEB 200 7) (a ) Definitions . As used i n this c l ause - "Advance shipment not i ce " means an electronic n ot i fication used to l i st the contents of a shi pment of goods as we l l as additiona l information re l ating to t he shipment , such as order i n formation , product description, p hysical characteristics , type of packaging, marking , carrier information , a nd config urat i on of good s with in the tran sportation equipment . "Bul k commodities " means the following commodities , when s hipped i n rail tank cars , tanker t r ucks , t railers , other bulk whee l ed conveyances , or pipe l ines : (1) Sand . (2 ) Gravel. (3 ) Bulk liquids (water , c h emicals , or petroleum products ). (4 ) Ready- mix concrete or similar construction materials . (5 ) Coal or combustibl es such as fire wood . (6) Agri cultural products s u ch as seeds , grai ns, or a nima l feed . PAGE 21 OF 59 HHM402-08-C-0072
"Case " means either a MIL-STD-129 defi ned exterior contai ner withi n a pal let i zed un i t load or a MIL- STD- 129 defined individual shipping container . (2 ) Be g i nni ng M a rch 1 , 2007 , the only accepta b l e t ags a r e EPC Class 1 pa ss i ve RFID tags that meet the EPCglobal Class 1 Generation 2 specification . Class O and Class 1 Generation 1 tags will no long e r b e a c cepted a fter Februar y 28 , 20 07 . "Electronic Product Code# (EPC ) " means an identification scheme for universally i dentifying physical objects v i a RF ID t a gs a nd othe r me a ns . Th e s t a nda rdi zed EPC data consis ts o f an EPC (or EPC identifier) that uniquely identifies an individua l object , as well as an optional filter value when j udge d t o b e necessary t o enable effect ive a nd effic i ent r eadi ng of the EPC t a gs . In addit ion to this standardized data , certain classes of EPC tags will allow user- defined data . The EPC tag data standards will define t he length and position of this data , without defining its content . "EPCglobal t " mean s a joint venture between EAN I nternational and the Uniform Code Counci l to establish and support the EPC network as the global standard for immediate , automatic , and accurate i dentification of any item i n the supply chain o f any company , i n any industry , a n ywhere i n the world . ( i ) EPC Class O passive RFID tags that meet t he EPCglobal Class 0 specificat i on ; and (ii ) EPC Class 1 passive RFID tags that meet the EPCglobal Class 1 specification . This i ncludes both the Generation 1 and Generation 2 Class 1 specifications . "Exterior container" means a MIL-STD-1 29 defined container , bundle , or assembly that is suffi cient by reason of material , design , and construction to protect unit packs and intermediate containers a nd the ir contents duri ng shi pment a nd stora ge . It can be a unit p a ck or a cont a i ner with a combination of unit packs or intermediate containers . An exterior container may or may not be used a s a s hippi ng container . "Palletized unit load" means a MIL- STD- 129 defined quantity of items , packed or unpacked, arranged o n a palle t i n a s peci f ied manne r a n d secure d , st rapped, o r f a stene d on t he pallet so t hat the whole pal letized load is handled as a single unit . A palletized or skidded load is not considered to be a shippi ng cont a i ne r . A l oaded 463L System pal l e t is not cons i dered to be a pa lletized unit l oad . Refer to the Defense Transportation Regulation , DoD 4500 . 9- R, Part II , Chapter 203 , for marking of 463L System pal lets . "Pass i ve RFID tag " means a tag t hat reflects energ y from the reader/ i nterrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate t he tag response . (1) Until February 28 , 2007 , the cceptable tags are - "Rad io Frequen cy Identification (RFID ) " means an automatic identification and data cap t u re technology comprising one or more reader/interrogators and one or more radio frequency transponders i n which dat a tra nsfer is achieved by mea ns of suitably modulated inductive or radiating electromagnetic carriers . (1 ) Except as provided in paragraph (b ) (2) of this clause , the Contractor shal l affix passive RF I D tags , at the case and pallet i zed unit load packaging levels , for shipments of items that (E) Class VI - Personal demand items (non- military sales items) . " Shippi ng cont a i ne r" me ans a MI L-STD-1 2 9 def ine d ext e rior cont a i ne r that me ets car r i e r regu l a t ion s and is of sufficient strength , by reason of material , design , and construction , to be shipped safely without f urt her pa c king (e . g ., wooden b oxes o r c r ate s , f iber and me t a l d r ums , a nd c orr ugated a nd sol id fiberboard boxes) . (b) ( i ) Are in a ny of the following classes of supply , as defined in DoD 4140 . 1- R, DoD Supply Chain Materi el M anagement Regulation, APl . 1 .11 : (A) Subclass of Class I - Packaged operational rations . (B) Class II - Clothing , i ndividual equipment , tentage , organizational tool kits , hand tools , and administrative and hou sekeeping s upplies and equipment . (C) Class IIIP - Packaged petroleum , lubricants , oils , preservatives , chemi cals , and additives . (D) Class IV - Construction and barrier materials (A) Defense Distribution Depot , Susquehanna , PA : DoDAAC W25GlU or SW3124 ; or (F ) Subclass of Class VIII - Medical materials (excl uding pharmaceuticals , biologicals , and reagents -- suppliers should limit the mixing of excluded and non- excluded materials ). (G) Class IX - Repai r parts and components i nc l uding k i ts , assembl i es and subassemblies , reparable and consumable items required for maintenance support of all equipment , excluding medical peculiar repa ir parts ; and (ii ) Are being s h ipped to any of the following locations : (B) Defens e Dist r ibut ion De pot , San J oaquin , CA : DoDAAC W62G2T o r SW3224 . (C) Defense Distribution Depot , Albany , GA : DoDAAC SW3121. (D) Defense Dist r ibution De pot , An n i s t on , AL : DoDAAC W 31Gl Z or SW3120 . (E) Defense Distribution Depot , Barstow , CA : DoDAAC SW3215 . (F) Defense Dist r ibution Depot , Cher ry Point , NC : DoDAAC SW 3113 . (G) Defense Distribution Depot , Columbus , OH: DoDAAC SW0700 . (H) Defense Distribution Depot , Corpus Christi , TX : DoDAAC W45H08 or SW3222 . PAGE 22 OF 59 HHM402-08-C-0072
( I } Defense Distribution Depot , Hil l , UT : DoDAAC SW3210 . (Q} Defense Distribution Depot , Tobyhanna , PA : DoDAAC W25GlW or SW3114 . (J} Defense Distribution Depot , Jacksonvil le , FL : DoDAAC SW31 22 . ( K } Defense Distribut i on Depot , Oklahoma City , OK : DoDAAC SW3211 . (L) Defense Distribution Depot , Norfolk , VA : DoDAAC SW3117 . (M ) Defense Distribution Depot , Puget Sound, WA : DoDAAC SW3216 . (N} Defense Dist ribut ion Depot , Red River , TX : DoDAAC W45G19 or SW3227 . (0 ) Defense Distribution Depot , Richmond, VA : DoDAAC SW0400 . (P) Defense Dist r ibut ion Depot , San Diego , CA : DoDAAC SW3218 . ( R ) Defense Distribution Depot , Warner Robins , GA : DoDAAC SW3119 . ( S ) Air Mobility Command Terminal , Charleston Air Force Base , Charleston , SC : Air Terminal Identifier Code CHS . (T) Air Mobility Command Terminal , Naval Air Station , Norfolk , VA : Air Terminal Identifier Code NGO . (0 ) Air Mobility Command Terminal , Travis Air Force Base , Fairfield, CA : Air Terminal Identifier Code SOU . ] (V} A l ocat i on outside the cont i guous United States when the shi pment has been assigned Transportation Priority 1 . (2 ) The follo wing are excluded from the requirements of paragraph (b ) (1) of this c lause : (i ) Shipments of bulk commodities . (i i) Shipments t o locations other t han Defense Distribut i on Depots when the contract i nc ludes t he clause at FAR 52 . 21301 , Fast Payment Procedures . (c ) The Contractor shall e nsure that - (1 ) Ensure that the data encoded on each passive RFID tag are unique (i . e . , t he binary number is never r e peated on a ny a nd all cont r act s) and conforms to the requi rements in paragraph (d) of this clause ; (2) Use passive tags that are readabl e ; and (3 ) Ensure that the passive tag is affixed at t he approp riate location on the specific level of packagi ng, in accordance wit h MI L-STD-129 (Section 4 . 9 . 2 ) tag placement specifications . (d ) Data syntax a nd standards . The Con t ract or s hall encode an approved RFID tag using t he instructions provided in the EPC# Tag Data Standards in effect at the time of contract award . The EPC# Tag Data Standards are avai l able at http : / /www . epcglobalinc . org/standards / . (1 ) If the Contractor is an EPCglobal subscriber and possesses a unique EPC# company prefix , the Cont ractor may use any of the identity types a nd encoding instructions described i n t he most recent EPC Tag Data Standards document to encode tags . (2 ) If the Contractor c hooses to employ the DoD Identity Type , the Contractor shall use its previously ass i gned Commercia l and Government Ent i ty (CAGE ) Code and shall encode the tags i n accordance with the tag identity type details located at http : //www. acq . osd .mil/log/rfid / tag_data . htm. I f t he Contract o r uses a thi rd party packagi ng house to encode i ts t a gs , the CAGE code of the third party packaging house is acceptable . (3) Regardl ess of the sel ected encoding scheme , t he Contractor i s respons i bl e for ensuring t hat each tag contains a globally unique identifier . (e) Rece i ving report . The Contractor s hal l e l ectron i cal l y submit advance shi pment notice (s} with t he RFID tag identification (specified in paragraph (d ) of this c l ause ) in advance of the shipment in accordance with the procedures at http : //www . acq . osd . mi l/ l og/rfid / adva nce_shipment_nt c . htm. (End of clause ) I . 10 252 . 21 9- 7001 (252 . 219- 7001) [RESERVED] I .11 252 . 219- 7002 (252 . 219- 7002) [RESERVED] I . 12 252 . 219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS ) (APR 2007 ) This clause suppl ements the Federal Acquisition Regulation 52 . 219-9 , Smal l Business Subcontracting Plan, clause of t his contract . (a ) "Definitions . " " Historically black colleges and universities , " as used i n t his clause , means i nstitutions det ermi ned by the Secretary of Education to meet the requi rements of 34 CFR Section 608 . 2 . The term also means any nonprofit research i nstitution t hat was an i ntegral part of such a college or uni versity before November 14 , 1986 . "M inority institutions," as used in this clause , means institutions meeting the requirements of Sect ion 1046(3) of the Higher Educat i on Act of 1965 (2 0 U. S . C. 1135d- 5 (3}) . The term a l so includes Hispanic - serving institutions as defined in Section 316 (b) (1 ) of such Act (20 U. S . C. 1059c (b ) (1 )) . (b) Except for company or divi sion-wide commercial items subcontract i ng plans , t he term "small disadvantaged business," when used in the FAR 52 . 219- 9 clause , i ncludes historical ly black colleges a nd universities a nd mi norit y institutions , i n addition to s mall disadvantaged business concerns . PAGE 23 OF 59 HHM402-08-C-0072
(c) Work under the contract or its subcontracts shal l be credi ted t oward meeting the smal l disadvantaged business concern goal required by paragraph (d) of the FAR 52 . 219- 9 clause when: (1 ) It i s performed on I ndian l ands or i n joint venture with an Indian tribe or a tribally- owned corporation , and (2) It meets the require ments of 10 O. S . C. 2323a . the severely handicapped; and (d ) Subcontracts awarded to workshops a pproved by the Committee for Purchase from People Who are Blind or Severely Disabled (41 O. S . C. 46- 48), may be counted toward the Contractor's small business s ubcont racting goal . (e) A mentor firm, under the Pilot Mentor- Protege Program established under Sect i on 831 of Pub . L. 101-510 , as amended, may count toward its small disadvantaged business goal , subcontracts awarded- - (1) Protege firms which are qualified organizations employing (2) Former protege firms that meet the criteria in Sect i on (End of clause ) 831 (g) (4) of Pub . L. 101-510 . (f ) The master plan approval referred to in paragraph (f ) of the FAR 52 . 219-9 clause is approval by the Contractor's cognizant contract administration activity . (g) In those subcontracting plans which specifically i dentify small businesses , the Contractor s hall notify t he Administrative Contracting Officer of any substitutions of firms that are not s mall businesses for the smal l business f i rms specif i cally identified in the subcontracting p l an . Notifications shall be in writing and shall occur within a reasonable period of time after award of the s ubcont ract . Cont ractor- specifi ed formats shall be a cceptable . I . 13 252 . 21 9- 7005 (252 . 219- 7005) (RESERVED) I . 14 252 . 219-7006 (252 . 219-7006) (RESERVED) I . 15 252 . 225-7001 BOY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (JUN 2005 ) (a) "Definitions ." As used in this clause- - (1 ) "Component " means a n article , material , or supply incorporated directly i nto an e nd product . (2 ) "Domestic end product " means- - (i) An unmanufactured end product that has been mi ned or produced i n the United States ; or (i i ) An end product manufactured i n the United States if the cost of its qual ifyi ng country components and its components that are mined , produced, or manufactured in t he United States exceeds 50 percent of the cost of all i ts components . The cost of components i nc ludes transportation costs to the place of incorporation i nto t he end product and U. S . duty (whether or not a duty-free entry cert i ficate i s is sued) . Scrap generated, collected, and prepared for processing in the United States is considered domestic . A component is considered to have been mined, produced, o r manufactured in the United States (regardless of i ts source in fact) i f the end product in which it is incorporated is manufactured in the United States and the component is of a class o r ki nd for which the Government has determi ned t hat- - (A) Sufficient and reasonably available commercial quantities of a satisfactory quality are not mined, produced, o r manufactured i n t he United States ; or (4 ) "Foreign e nd product " means an end product other t han a domestic end product . (B) It is inconsistent with the public interest to apply the restrictions of the Buy American Act . (3 ) " End product " means those articles , materials , and supplies to be acquired under this cont ract for public use . (5 ) "Qualifying country " means any country set forth in subsection 225 . 872-1 of the Defense Federal Acquisition Regulation Supplement (DFARS). (6) "Qualifying country component " means a component mined, produced, or manufactured i n a qualifying country . (A) Components mined, produced, or manufactured in a qualifying country . (7) "Qualifying country end product " means- - (i) An unmanufact ured end product mined o r produced in a qual ifyi ng count ry; or (ii ) An end product manufactured in a qualifying country if the cost of the following types of components exceeds 50 percent of the cost of all i ts components : (B) Components mined, produced, or manufactured in the United States . (C) Components of foreign origin of a c lass or kind for whi ch the Government has determined that sufficient and reasonably available commercial quantities of a satisfactory qual ity are not mined, produced, o r manufactured i n t he United States . (b) This clause implements the Buy American Act (4 1 U. S . C. Section lOa - d) . Unless otherwise specified, this clause applies to all line items in the contract . PAGE 24 OF 59 HHM402-08-C-0072
(c) The Contractor s hall del iver only domest i c end products unles s , i n its offer, it specified de l ivery of other end products i n the Buy American Act--Balance of Payments Program Certificate pr ovi sion of the sol i c itation . If t he Contractor cert i fied in its offer that it wil l deliver a qualifying country end product , t he Contractor s hall deliver a qualifying country end product or , at t he Contract or·s option , a domest i c end p r oduc t . (End of c l ause ) (8) " Uni ted States " means t he 50 states , the Distric t of Col umbia, a nd out l ying areas . (d ) The contract price does not include duty for end products or components for which the Contractor will claim duty- free entry . I . 16 252 . 225- 7002 QUALIFYI N G COUNTRY SOURCES AS SUBCONTRACTORS (APR 2003 ) (a ) "Definition ." "Qualifying count ry," as used i n this c l ause , means a ny country set forth i n subsection 225 . 872- 1 of the Defense Federal Acquisit i on Regulation (FAR) Suppl ement . (b) Subj ect to t he restri ctions in section 225 . 872 of the Defense FAR Supplement , the Cont ractor s hall not prec l ude qualifyi ng country sources or U. S . sources from compet i ng for subcontracts under this cont ract . (End of c lau se ) I . 17 252 . 225- 7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LI ST ITEMS FROM COMMUNIST CHI NESE MILITARY COMPANI ES (SEP 2006) (a ) Definit ions . As used in this clause- - "Communist Chinese mi l itary company " means any e ntity that i s- - (1 ) A part of t he commercial or defense industrial base of the People's Republic of China ; or (2 ) Owned or cont rol l ed by, or affi l i ated with, an element of t he Government or armed forces of the People's Republic of China . "United States Muni tions List " means the munitions list of t he I nternational Traffic in Arms Regulation in 22 CFR Part 121 . (b) Any supplies or services covered by t he United States Munitions List that are de l ivered under this cont ract may not be acquired, directly or indi rect ly , from a Communist Chinese military company . (c ) The Contractor shall i nsert t he s ubstance of this clause , inc l uding t his paragraph (c ) , i n a l l subcontracts for items covered by the United States M unitions List . (End of clause ) I . 18 252 . 225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMOD ITI ES (MAR 20 08 ) (a) "Definitions ." As used in t h is c l ause- - (1 ) "Component " means a ny item suppl ied to the Government as part of a n end product or of another component . (2 ) " End product " means supplies delivered under a l ine item of this contract . (b) The Contractor shall del iver under thi s contract only such of the fo l l owi ng i tems , e i t her as end products or component s , that have been been grown , reprocessed , reused , or produced i n the Uni ted States , its possess i ons , or Puerto Rico : (4 ) Cotton and other natural fiber products . (1 ) Food . (2 ) Clothing a nd t he materials and components t hereof , other than sensors , electronics , or other items added to , a nd not normal ly associated with , clothing and the materials and components thereof . Clothing includes items s uch as outerwear , headwear, underwear , nightwear , footwea r , hosiery , handwear , belts , badges , a nd insignia . (3 ) Tents , tarpaulins , or covers . (5 ) W oven s i l k or woven silk b l ends . (6 ) Spun silk yarn for cartridge cloth . (7 ) Synthetic fabri c , and coated synthetic fabr i c , i nc luding all textile f i bers and yarns that are for use i n such fabrics . (i i) Does not exceed the simpl ifi ed acquisition threshold in FAR Part 2; (8 ) Canvas products . (9) Wool (whether in the fo r m of f iber or yar n o r contai ned in f abri cs , materials , or manufactured articl es). (1 0) Any item of individual equipment (Federal Suppl y Class 8465 ) manuf actured from or containi ng fibers , yarns , fabrics , or material s listed in t hi s paragraph (b ). (c ) This clause does not app l y- - PAGE 25 OF 59 HHM402-08-C-0072
(1) To items listed in section 25 . 104(a) of the Federal Acquisition Regulation (FAR) , or other items for which t he Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and wh en needed at U. S . market prices ; (2) To incidental amounts of cotton , other natural fibers , or wool incorporated in an end product , for which the est i mated value of t he cotton , other natural f i bers , or wool- - (i) Is not more than 10 percent of the total price of the end product ; and (3) To waste and byproducts of cotton or wool f i ber for use in the product i on of p ropel lants and explosives ; (ii) The fibers and yarns are para-aramid fibe rs and yarns manufactured i n t h e Netherlands . (4) To foods that have been manufactured or processed in the United States , its possessions , or Puerto Rico , regardless of where the foods (and any component if applicable) were grown or produced, except that t his clause does apply to fish , shellfish , or seafood manufactured or processed in the United States and fish , shellfish , or seafood contained in foods manufactured or processed in t he United States ; (5) To chemical warfare protective clothing produced in the countries listed in subsection 225 . 872-1 of t he Defense FAR Supplement ; or (6) To fibers and yarns that are for use in synthetic fabric or coated synthet i c fabric (but does apply to t he synthetic or coated synthetic fabric itself ) , if- - (i) The fabric is to be u sed as a component of an end product that is not a text i le product . Examples of textile products , made in whole or in part of fabric , include- - (A) Draperies , floor coverings , furnishings , and bedding (Federal Suppl y Group 72 , Househol d and Commercial Furnishings and Appliances) ; (Bl Items made i n whol e or i n part of fabric in Federa l Supply Group 83 , Text i le/ l eather/ furs/apparel/findings/ tents/flags , or Federal Supply Group 84 , Clothing, Individual Equipment and I ns ignia; (C) Upholstered seats (whether for household, office , or other use) ; and (D) Parachutes (Federal Supply Class 1670); or (End of clause ) I . 1 9 252 . 2 25- 7014 PREFERENCE FOR DOMESTIC SPECIALTY METALS (JUN 2005) (a) "Definitions ." As used i n this clause- - (1 ) "Qualifying country " means any country listed in subsection 225 . 872 - 1 of the Defense Federal Acquis i tion Regulation Supplement . (2 ) " Specialty metal s " means- - (i) Steel- - (A) With a maximum alloy content exceeding one or more of the following limits : manganese , 1 . 65 percent ; silicon , 0 . 60 percent ; or copper , 0 . 60 percent ; or (Bl Containing more than 0 . 25 percent of any of the following elements : aluminum, chromium, cobalt , columbium, molybdenum, nickel , titanium, tungsten , or vanadium; (ii ) Metal alloys consisting of nickel , iron- nickel ,. and cobalt base alloys containing a total of other alloying metals (except iron) in excess of 10 percent ; (iv) Zirconium and zirconium base alloys . (ii i ) Titanium and titanium a l loys ; or (b) Any specialty metals incorporated in articles delivered under this contract shall be melted in the United States or i ts out lyi ng area . (c) This clause does not apply to specialty metals- - (1 ) Me l ted i n a quali fy i ng country or incorporated i n an articl e manufactured i n a qual ifyi ng country ; or (2) Purchased by a subcontractor at any tier . (End of clause) I . 20 252 . 225- 7015 RESTRICTION ON ACQUI SITI ON OF HAND OR MEASURING TOOLS (JUN 2005 ) Hand or measu ring tools del i vered under t h i s contract shall be produced in the United States or its outlying areas . (End of clau se) I . 21 252 . 233- 7000 (252 . 233 - 7000) [RESERVED) I . 22 252 . 242-7002 (252 . 242-7002) [RESERVED) I . 23 252 . 243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) When costs are a factor i n a ny price adjustment under this contract , the contract cost principles and procedures in FAR Part 31 and DFA~Gl~sOF2~], H~~40fbtc1:offl the date of this contract , apply .
(End of Clause ) I . 24 52 . 203-1 (52 . 203-1) [RESERVED] I . 25 52 . 203-10 PRICE OR FEE ADJUSTMENT FOR I LLEGAL OR IMPROPER ACTIVITY (JAN 1997) (a) The Government , at its election , may reduce t he price of a fixed-price type contract and the total cost and fee under a cost-type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if t he head of the contracting activity or designee determines that there was a violation of subsection 27(a) , (b) , or (c ) of the Office of Federal Procurement Policy Act , as amended (41 O. S . C. 423 ) , as i mplemented i n section 3 . 104 of the Federal Acquisition Regulation . (b) The price or fee reduction referred to i n paragraph (a ) of this clause shall be- - (1 ) For cost-plus-fi xed - fee cont racts , the amount of the fee specified in the contract at the time of award ; (2) For cost - plus -incentive- fee contracts , the t a rget fee speci fied in t he cont r act at t he t i me of award, notwithstanding any minimum fee or "fee floor '' specified in the contract ; (3) For cost - plus - award- fee cont racts- - (i) The base fee established in the contract at the time of contract award ; (ii) I f no base fee is specifi ed i n t he contract, 30 percent of the amount of each award fee otherwise payable to t he Contractor for each award fee evaluation period or at each award fee determination point . (4 ) For fixed-price- incentive contracts , the Government may- - (i) Reduce the contract target price and contract target profit both by an amount equal to the i nitial target profit specified in the contract at the time of cont ract award; or (5 ) For firm-fixed-price contracts , by 10 percent of the initial contract price or a profit amount determined by the Contracting Officer from records or documents i n existence prior to the date of the contract award . (End of Clause) (ii) If an immediate adj ustment to the contract target price and contract target profit would have a significant adverse i mpact on the incentive price revision relationship under the contract , or adversely affect the contract financing provis i ons , the Contracting Officer may defer such adjustment until establishment of the total final price of the contract . The total final price establ i shed i n accordance with the i ncent i ve price revis i on pr ovi sions of t he contract shal l be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced pri ce shall be the t otal f i nal contract pri ce . (c) The Government may , at its election , reduce a prime contractor ' ' s price or fee in accordance with the p rocedures of paragraph (b) of t his clause f o r v i olations of the Act by i ts subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced . (d ) In addition to the remedies in paragraphs (a ) and (c ) of this c l ause , 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 reme dies provided by law or under this contract . I . 26 52 . 203- 12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007) (a ) Definit ions. As use d in this clause- - "Agency " means "executive agency " as defined in Federal Acquisition Regulation (FAR) 2 . 101 . "Covered Federal action " means a ny of the fol lowi ng actions : (1) Awarding any Federal contract . (2 ) Making any Federal grant . (3 ) Making any Federal loan . (4 ) Entering into any cooperative agreement . "Indi an tribe " and "tribal organization " have the meaning provided in section 4 of the Indian Sel f Determination and Education Assistance Act (25 u.s .c. 450b) and i nclude Alaskan Natives . (5) Extending , cont i nuing , renewing , amending , o r modifying any Federal contract , grant , l oan , or cooperative agreement . "Influenci ng o r attempti ng t o influence " means making , with the intent to influen ce , any communi cation to or appearance before an officer or employee of any agency , a Member of Congress , an offi cer or empl oyee of Congress , or an empl oyee of a Membe r of Congress in connect i on with any covered Federal action . PAGE 27 OF 59 HHM402-08-C-0072
"Local government " means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for t he performance of a governmental duty , including a local public authori ty, a spec i al di s t r i ct, an int rastate di st r ict , a counc i l of governm e nts , a sponsor group representative organization , and any other instrumentality of a local government . "Offi cer o r employee of a n agenc y " i ncludes the f ollowing indi vidual s who a re employed by an agency : (1 ) An i ndividual who is appointed to a pos i t ion i n t he Gover nment unde r Tit le 5, United Stat es Code, including a position under a temporary appointment . (2 ) A member of t he uni formed ser v i ces , a s define d i n s ubsect ion 101(3 ) , Ti t le 37 , Uni ted St ates Code . (3 ) A special Government employee , as defined in section 202 , Title 18, United States Code . (4 ) An i nd ividual who i s a member of a Federal advisory committee , as defined by t he Federal Advisory Committee Act , Title 5 , United States Code , appendix 2 . "Reasonabl e payment " means , with respect to professional and other techni cal services , a payment in an amount that is consistent with the amount normally paid for such services in the private sector . "Person " means a n individual , corporation , company , association , authority , firm, partnership , society , State , and local government , regardless of whether such entity is operated for profit , or not for profit . This term excludes an Indian tribe , tribal organization , or a ny other Indian organization e l igible to receive Federal contracts , grants , cooperative agreements , or loans from an agency, but only with respect to expenditures by such tribe or organization t hat are made for purposes speci f i e d in paragraph (b ) of thi s c l ause and are pe r mitted by othe r Federa l law. "Reasonable compensation " means , with respect to a regularly employed officer or employee of any perso n , c ompensat i on t hat i s consistent wi th the normal compens a t i on f o r suc h off i cer o r empl oyee for work that is not furnished to , not funded by, or not furnished in cooperation with t he Federal Government . "Recipient " includes the Contractor and all subcontractors . This term excludes an Indian tribe , t r i bal o r gani za t ion , o r any othe r I ndian o r gani zation el i gibl e t o r eceive Feder al cont r acts , g r a nts , cooperative agreements , or loans from an agency , but only with respect to expenditures by such tri be or organizat i on that are made for purposes specified in paragraph (b) of t hi s clause and are permitted by other Federal law . "Regularly employed" means , with respect to an officer or employee of a person requesting or receivi ng a Federal contract , an officer or employee who i s employed by s uch person for at least 130 working days within 1 year immediately preceding the date of the submission that i nitiates agency consideration of such person for receipt of such contract . An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the s ubmission t hat i nitiates agency consideration of such person shall be considered to be regularly e mployed as soon as he or she is employed by such person for 130 worki ng days . "State " means a State of t he United States , t he District of Columbia , or a n outlying area of the United States , a n agency or i nstrumental i ty of a St ate , and mult i -Stat e , regi onal , o r i nterstate ent i ty havi ng governmental duties and powers . (c) Exc eptions . The p r ohi bi tion in paragraph (b ) of thi s clause does not a ppl y under t he following conditions : (b) Prohibi tion . 31 U. S . C. 1352 p r ohibits a recipient of a Federa l cont r a ct , grant , l oan, o r cooperative agreement from using appropriated funds to pay any person for influencing or attempting t o infl uence a n of fice r o r employee of any a genc y , a M ember of Congress , an of fice r o r employee of Congress , or an e mployee of a Member of Congress in connection with any covered Federal actions . In accordance with 31 U. S . C. 1352 the Contractor shal l not use appropriated funds to pay a ny person for i nfluenci ng or attempting to i nfluence a n offi cer or employee of any agency , a M ember of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the award of t his contractor t he e xtension , continuation , renewal, amendment , or m odification of this contract . (1 ) The term appropriated fun ds does not i nclude profit or fee from a covered Federal action . (2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies , other t han Federal a ppropriated funds , t he Government will assume t hat these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropri ated funds . (A) The qualities a nd characteristics (including i ndividual demonstrations ) of the person#s products or services , condi tions or terms of sale , and service capabilities ; or (1) Agency and legislative liaison by Contractor employees . (i ) Payment of reasonable compensat ion made to an offi c e r or empl oyee of t he Cont ractor i f the payment is for agency and legislative l iaison activities not directly related to this contract . Fo r p ur pos e s of thi s paragraph , p r ovi ding a ny i nf o r mat i o n spe c i f i c a l l y r eque sted by a n agency o r Congress is permitted at any time . (i i ) Part i cipat i ng wi th a n a genc y i n discussi ons tha t are not related t o a s pecific sol icitation for any covered Federal action , but that concern- - (3 ) On l y those communicat ion s a nd ser v i ces express l y a uthori zed by paragraphs ( c ) (1) a nd (2 ) of t his clause are permitted . (B) The application or adaptation of t he person#s products or services for an agency#s use . PAGE 28 OF 59 HHM402-08-C-0072
(iii } Providi ng prior to formal solici tat i on of any covered Federal action any i nformat i on not specifically requested but necessary for an agency to make an informed decision about initiation of a cover e d Fe deral act i on; (iv) Participating in technical discussions regarding the preparation of an unsolicited proposal p r ior t o i ts off i cial s ubmiss i on; a nd (v) M aking capabi l ity presentations prior to formal solicitation of any covered Federal action by pe rsons s eeki ng awa r ds fr om a n agency purs uant t o the p r ovi s ions of the Small Business Act , as amended by Pub . L. 95- 507 , and subsequent amendments . (2 ) Pr ofess i onal and t echn i c a l servi ces . (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension , continuation , renewal , amendment , or modification of a covered Federal act i on , if payment i s for professional or techni ca l services rendered directly in the preparation, submission , or negotiation of any bid, proposal , or application for that Federal action or for meeting requirements i mposed by or pursuant to law as a condition for receiving that Federal action . (ii ) Any reasonable payment to a person , other t han a n officer or employee of a person requesting or receiving a covered Federal action or an extens i on, continuation , renewal , amendment , or modificat ion of a covered Federal action if t he payment is for professional or technical services rendered direct l y i n the preparation , s ubmission , or negotiation of any bid, proposal , or application for t hat Federal action or for meeting requirements imposed by or pursuant to law as a condit i on for r ecei ving tha t Federal action . Per sons ot her than officer s or employees of a per son requesting or receiving a covered Federal action include consultants and trade associations . (i i i } As used in paragraph (c } (2 ) o f thi s clause , "profe s sional a nd tec hni cal s ervices " a re limited to advice and analysis directly applying any professional or technical discipline (for examples , see FAR 3 . 8 03 (a) (2) (i i i ) ) . (iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal awa rd i nclude those required by law or regulation a nd a ny othe r requirements i n t he act ual award documents . (d) Di sclosure . (1 ) If the Contractor did not s ubmit 0M B Standard Form LLL, Disclosure of Lobbying Activit i es , with its offer , but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying cont act on behal f of the Contractor with respect t o this contract , the Contractor shall complete and submit 0MB Standard Form LLL to provide the name of the lobbying regi strants , including t he i ndividuals performing the services . (2 ) If the Contractor did submit 0MB Standard Form LLL disclosure pursuant to paragraph (d) of t he provision at FAR 52 . 203-11 , Certification and Disclosure Regarding Payments to I nfluence Certain Federal Transactions , and a change occurs that affects Block 10 of the 0M B Standard Form LLL (name a nd address of lobbying registrant or individuals performi ng services ) , t he Contractor s hall , at the e nd of the cal endar qua r ter i n whi ch the c hange occurs , s ubmi t to t he Contract i ng Offi cer within 30 days an updated disclosure using 0MB Standard Form LLL . (1 ) The Cont ractor shall obta i n a dec laration , i ncluding t he cert i fi cation a nd disclosure i n paragraphs (c ) and (d ) of the provision at FAR 52 . 203- 11, Certification and Disclosure Regarding Payment s to I nfluence Ce rta i n Fede ral Tr a nsact i ons , f r om eac h pe r s on r e questing o r r eceiv i ng a subcontract exceeding $100 , 000 under this contract . The Contractor or subcontractor that awards the s ubcont ract s hall reta i n t he de claration . (e ) Penalties . (1 ) Any person who ma kes a n expendi ture prohibited under paragraph (b } of this clause or who fails to f i le or a m end the disclosure to be filed or amended by paragraph (d ) of this clause shall be subject to civil penalties as provided for by 31 u.s . c. 1352 . An imposition of a civil penalty does not prevent the Government from seeki ng any other remedy that may be appl icable . (2 ) Contractors may rely without liability on the representation made by their subcontractors in t he certification and disclosure form . (f ) Cost allowability . Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowabl e or unreasonable . Conversely , costs made specifically unal lowable by the requirements in this clause will not be made allowable under any other provision . (g ) Subcontracts . (2 ) A copy of each subcontractor di sclosure form (but not certifications) shal l be forwarded from tier to tier until received by t he prime Contractor . The prime Contractor shall , at the end of t he calenda r qua rte r i n whi ch t he discl osure f o r m i s s ubmi t t e d by the subcont ractor , s ubmi t t o the Contracting Officer within 30 days a copy of all disclosures . Each subcontractor certification s hall be retained i n t he s ubcontr act fi le of t he awa r ding Cont r acto r . (3 ) The Contractor shall include the substance of this clause , including this paragraph (g) , in any s ubcont ract exceedi ng $10 0, 00 0 . (End of Clause ) PAGE 29 OF 59 HHM402-08-C-0072
I . 27 52 . 203-3 GRATUI TIES (APR 198 4) (a) The r i ght of the Contracto r to proceed may be terminated by written notice if , aft er not i ce and heari ng, 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 t he gratuity , to obtain a contract or favorable treatment under a contract . (b) The facts support i ng this determination may be reviewed by a ny cour t having lawful jurisdi ction . (c) If this contract is terminated under paragraph (a) of this clause , the Government is e ntit l ed- - (1) To pursue the same remedies as in a breach of the contract ; and (2) In addition to any other da mages provided by law, to exemplary damages of not l ess t han 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person conce r ne d, as determined by the a gency head or a designee . (Thi s paragraph (c ) (2) is applicable only if this contract uses money appropriated to the Department of Defense . ) (d) The rights a nd reme dies of t he Government provided i n this clause s hall not be exclus ive and are i n addition to any other rights and remedi es provided by law or under this contract . (End of Clause ) I . 28 52 . 203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) (a) The Contractor warrants t hat no per son or agency has been employed or retained to sol ic i t or obtain this contract upon an agreement or understanding for a contingent fee , except a bona fide employee or agency . For breach or viol ation of t h is warranty , the Government shal l have t he r i ght t o annul this contract without liability or, in its discretion , to deduct from the contract price or considerat i on, or otherwise recover , t he full a mount of the contingent fee . (b) "Bona fi de agency," as used in thi s c lause , means an established commerc i a l o r selling agency , mai ntained by a contractor for t he purpose of securing business , that neither exerts nor proposes to e xert improper i nfluence t o sol i cit o r obtain Government contracts nor hol ds itse l f out as being abl e to obtain a ny Government contract or contracts through improper influence . "Bona fide employee, " as used in this clause , means a person , employed by a contractor and subject t o the contractor ' ' s supervision and control as to time, p lace , a nd manner of performance , who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through i mproper influence . "Contingent fee ," as used i n this clause , means a ny commission , percentage , brokerage , or other fee that is contingent upon the success that a person or concern has in securing a Government contract . " I mproper infl uence," as used in this clause , means any i nf luence that induces or tends to i nduce a Government employee or officer to give consideration or to act regarding a Government contract on any basis ot her than t he merits of t he matter . (End of Cl ause ) I . 29 52 . 203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006) (a) Except as provided in (b) of this clause, the Contractor shal l 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 sal es by suc h s ubcontractors direct l y to the Government of any i tem or process (including computer software ) made or furnis hed by the s ubcontractor under this contract or under any follow-on production contract . (b) The prohibition in (a ) of this c l ause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation . (c ) The Contract or a grees to incorporate the substance o f this c lause , i ncluding this paragraph (c) , in all subcontracts under this contract which exceed the simplified acquisit i on threshold . (End of Clause) PAGE 30 OF 59 HHM402-08-C-0072
I . 30 52 . 203-7 ANTI-KICKBACK PROCEDURES (JUL 1995 ) (a ) "Def init i ons . " " Kickback , " as used in this clause , means any money , fee , commission , credit , gift , grat uity , thing of value , o r compensat ion of any kind which is provided, direct l y or indirectly, to any pri me Cont ractor , prime Contractor employee, s ubcontractor, or subcontractor employee for t he purpose of improper ly obtaining o r rewarding favo rable t r eatment in connect i on with a prime contract o r in connection with a subcontract re l ating to a prime contract . (1 ) means any person , other than the pri me Cont ractor, who offers to f urni s h or furnishes any supplies , materia l s , equipment , or services of any ki nd u nder a pri me contract or a subcontract entered into in connection with s uch prime contract , and "Person," as used in this clause , means a corporation , partnership, business association of any kind, t r ust , joint-stock company, or i ndivictual. "Prime cont ract," as used in this clause , means a contract or cont ractual action entered into by the United States for the pu r pose of obtai ning s uppl i es , materials , equipment , or services of any kind . "Prime Cont ract or " as used i n t h i s c l ause , means a person who has entered into a prime contract with the United States . "Prime Cont ractor empl oyee," as used i n t his clause , means any officer , partner, empl oyee , or agent of a pri me Contractor . "Subcontract , " as used i n this c l ause , means a contract or contractual action e ntered i nto by a pr ime Contractor or subcontrac tor for the pur pose of obtaining supplies , materials , equipment , o r services of any kind under a prime contract . "Subcontractor," as used in t his clause , (2) includes any person who offers to furnish or f urni shes general supplies to the pri me Cont ractor or a higher tier s ubcontractor . (3) The Contractor s hall cooperate fully wi th any Federal agency investigat ing a possi ble violation described i n paragraph (b) of this c l ause . "Subcontractor employee," as u sed in this clause , means any officer , partner , employee , or agent of a subcontractor . (b) The Anti- Kickback Act of 1986 (41 U. S . C. 51 - 58 ) (the Act) , p rohibits any person from- (1 ) Providing or attempting to provide or offeri ng to provide a ny ki c kback; (2) Sol i cit i ng, accepting , o r attempt i ng to accept any kickbac k ; or (3 ) Including, directly or i ndirectly , the amount of a ny kickback i n t he contract price charged by a prime Contract or to the United States or in the contract price charged by a subcontractor to a pr ime Contractor or higher tie r subcontractor . ( c ) (1 ) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described i n paragraph (b ) of this clause i n its own operations and direct business rel ationships. (2 ) Whe n the Cont ractor has reasonable grounds to believe that a violation described in paragraph (b) of this c l ause may have occurred, the Contractor shall promptly report in writing the possible violat i on . Such reports shall be made to the i nspecto r genera l of t he contracting agency, t he head of the contracting agency if t he agency does not have an inspector general , or t he Department of Justice . (4 ) The Contracting Officer may (i ) offset the amount of the kickback against a ny monies owed by the United States under the p rime contract and/or (ii) direct that the Prime Contractor withhol d from sums owed a subcontractor under the prime contract t he a m ount of the kickback . The Contract i ng Officer may order that monies withheld under s ubdivision (c) (4) (i i ) of this c lause be paid over to the Government un l ess the Government has already offset t hose monies under subdivision (c) (4 ) (i) of t his clause . In either c ase, the Pri me Contractor shall not i fy the Contracting Offi cer when the monies are withhe l d . (5 ) The Contractor agrees to i ncorporate the substance of this clause , incl udi ng paragra ph (c ) (5 ) but excepting paragraph (c) (1) , in all s ubcont racts under this contract which e xceed $10 0, 000 . (End of Clause ) I . 31 52 . 203- 9 {52 . 203- 9) [RESERVED ) I . 32 52 . 209- 6 PROTECTING THE GOVERNMENT ' S I NTEREST W H EN SUBCONTRACTING WITH CONTRACTORS DEBARRED , SUSPENDED, OR PROPOSED FOR DEBARMENT (SEP 2006 ) PAGE 31 OF 59 HHM402-08-C-0072(a) The Government s uspends o r debars Contractors t o protect the Government ' ' s interests . The Cont ractor shal l not enter into a ny subcont ract i n excess of $30 , 000 with a Contractor that is debarred, suspended , o r proposed for debarment unless t here is a compelling reason to do so . (b) The Contractor s hall require each proposed first - tier subcontractor, whose subcontract will exceed $30 , 00 0, to disclose to the Contract or , i n writing , whether a s of the time of award of t he s ubcontract , the s ubcontractor , or its principals , is or is not debarred, suspended, or proposed for debarment by t he Federal Government . (c ) A corporate officer or a designee of the Contractor s hal l notify the Contracting Offi cer , in wr it i ng , before entering into a s ubcontract wi th a party that is debarred, suspended, or proposed for debarment (see FAR 9 . 40 4 for informa t ion on the Excluded Parties List System) . The notice must i nclude t he following : (1 ) The name of the subcontractor . (2 ) The Contractor ' ' s knowledge of the reasons for the subcontractor being in the Excluded Parties List System . (3 ) The compel ling reason(s ) for doing business with t he subcont ractor notwithstanding its i nclus i on i n the Excluded Parties List System. (4 ) The systems and procedures the Contractor has established to ensure that it is f ully protecting the Government ' ' s i nterests when dealing with such subcontractor in view of the specifi c basis for the party ' ' s debarment , suspension , or proposed debarment . (End of Cl ause ) I . 33 52 . 215-1 I NSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2004) (a) "Definitions ." As used i n this provis i on- - "Discussions " are negotiations t hat occur after establ ishment of the competitive range t hat may , at the Contracting Officer ' ' s discretion , result in the offer or being allowed t o revi se it s proposal . "I n writ ing ," " writ i ng,• o r "written " means any worded or numbered expression that can be read, reproduced, a nd later communicated, and includes electroni cally transmitted and stored information . "Proposal modi fication " is a change made to a proposal before t he sol icitation ' ' s c l osing date a nd time, o r made i n response to an a m endment , or made to corr ect a mistake at any time before award . "Proposal r evi sion " i s a change to a proposa l made after the solicitation closing date , at the request of or as allowed by a Contracting Officer as the result of negotiations . "Time," if stated as a number of days , i s calculated usi ng calendar days , un l ess otherwise specifi ed, and will i nclude Saturdays , Sundays , a nd legal hol i days . However , i f t he last day falls on a Saturday, Sunday, o r legal holiday , t hen the period shall i nclude the next working day . (b) "Amendments to solicitations ." If this sol icitation is a m ended, all terms and conditions that are not amended remain unchange d . Offe rer s s hall acknowledge receipt of a ny amendment to t hi s sol icitat i on by the date a nd t i me speci fied i n the amendment (s ). (c ) "Submission , modification , revision , and withdrawal of proposals . " (1 ) Unless ot her methods (e . g ., electronic comme rce or f acs i mile) a re permitted in the solicitation , proposals a nd modifications to proposals s hall be submitted in paper media in sealed envelopes o r packages (iii ) A statement specifying the extent of agreement with al l terms , conditions , and provisions included in the sol ici t ation and agreement to furn i sh a ny o r a l l i tems upon which pr i ces are offered at the price set opposite each item; (i) addressed to the office specified in the sol i citation , and (ii ) showing the time and date specifi ed for receipt , the sol icitation number , and t he name and address of t he offer e r . Offerers us ing commercia l carrie rs should e nsure that the proposal is marked on the outermost wrapper with t he in format i on i n paragraphs (c ) ( 1) ( i ) and < c ) ( 1) (ii) of t his provis ion . (2 ) The first page of t he proposal must show- (i) The solicitat i on number ; (ii ) The name , address , a nd telephone and facsimi l e numbers of t he offeror (and electronic address if available); (iv) Names , titles , a nd telephone and f acsimi l e numbers (and electronic addresses if avai l able) of persons a uthorized to negotiate on the offeror ' ' s behal f with the Government i n connection with this solicitation ; a nd (v) Name, title, and signature of person authorized to s ign the proposal . Proposals signed by a n agent s hal l be accompanied by evidence of that agent ' ' s authority , unless that evidence has been previously furnished to t he i ssuing office . (3 ) "Submission , modification , revision , a nd withdrawal of proposals . " (i ) Offerer s are r esponsible for submi tting p r oposals , and a ny modi f i cat i ons or revis ions , so as to reach the Government office designated i n the sol icitation by t he time specified in the PAGE 32 OF 59 HHM402-08-C-0072
sol ici tat i on . I f no time i s spec i fied in the solicit ation , the time for rece i pt is 4 : 30 p . m. , local tim e , for the designated Government office on the date t hat proposal or revision is due . (i i ) (A) Any proposal , modification, or revision received at the Government office designated i n t he sol i citation aft er the exact time spec i fied for rec e ipt of offers is " late " a nd wi ll not be considered unless it is received before award is made ,. the Contracting Officer determines that accept i ng the l ate off e r would not unduly delay t he acquisit i on ; a nd- - (1 ) If it was transmitted through an electronic commerce method authorized by the sol i ci t ation , i t was r ecei ved at the i nitial point of ent r y to the Government i nf r ast r ucture not later than 5 : 00 p . m. one working day prior to the date specified for receipt of proposals ; or (2) There is acceptable evidence to establish that it was received at the Government i nstalla t ion designated fo r rece ipt of offers and was under t he Government ' ' s control pri or to t he tim e set for receipt of offers ; or (4 ) Unless ot herwise specified in t he solici tat i on , the offeror may propose t o provide any item or combination of items . (3 ) It is the only proposal received . (B} However , a l ate modification of an otherwise successful proposal that makes its terms more favorable to the Government , will be considered at any time it is received and may be accepted . (iii ) Acceptable evidence to establish t he time of receipt at the Government installation i ncludes t he t i me /date s t a mp of tha t ins t a l l a t i on on the proposal wr apper , other documentary evidence of receipt maintained by the installation , or oral testimony or statements of Government perso nne l . (iv) If an emergency or unanticipated event interrupts normal Government processes so that propo sal s c a nnot be r e ceived at t he of fice designated for receipt of proposal s by the e xact time specified in the solicitation , and urgent Government requirements prec l ude amendment of the sol i ci t ation , the time speci f i e d for r e cei pt of p r oposa l s wi l l be deeme d to be e xtended to the same time of day s pecified in the sol icitation on the first work day on which normal Government processes res ume . (v) Proposals may be withdrawn by written not i ce received at any time before award . Oral proposals in response to oral solicitations may be withdrawn orally . If the solicitation authorizes facsimile proposa l s , proposals may be withdrawn v i a f acs i mile r eceived at any time before award, subject to the conditions specified in t he provision at 52 . 215-5 , Facsimile Proposals . Proposals may be withdrawn i n person by an offerer or a n a uthorized representative , if the i dentity of the person requesting withdrawal is established and the person signs a receipt for the proposal before award . (5 ) Offerers shall submit proposals in response to this sol icitation in English , unless otherwi se permitted by the solicitation , a nd i n O. S . dollars , unless t he provision at FAR 52 . 225-1 7, Evaluat i on of Forei gn Curr ency Of fers , is incl uded i n t he sol i citat ion . (6 ) Offerers may submit modifications to t heir proposals at any time before t he solicitation c l os i ng date a nd t i me , and may s ubmit modi ficat ions i n response to a n a mendme nt , o r to c orrect a mistake at any time before award . (7 ) Offerer s may s ubmit revi sed pr oposal s only i f r equested or a l l owed by the Cont ract i ng Officer . (8 ) Pr oposal s may be withdrawn a t a ny t i me be f o r e a ward . W i t hdrawa l s a r e e f f ective upon receipt of notice by the Contracting Officer . Ose o r di sclosure of da ta contained on t hi s sheet is subject to the r est r ict i on on the t i t le page of this proposal . (d ) "Offer expiration date . " Proposals i n response to this solicitation will be valid for the number of days specified o n the solicitat i on cover s heet (un l ess a different period is proposed by the offerer } . (e ) "Restriction on disclosure a nd use of data . " Offerers that i nclude i n their p roposals data that they do not want disclosed to the public for any purpose , or used by the Government except for evaluation purposes , s hal l - - (1 ) Mark the title page with the fo l lowing l egend : This proposal incl udes data t hat shal l not be disclosed outside the Government a nd s hall not be duplicated, used, or di sc l osed-in whol e or in part-for any purpose other than to eva luate thi s proposal . If , however, a contract is awarded to t his offerer as a result of-or i n connection with- t he s ubmiss i on of t his data , the Government shal l have t he r ight to duplicate , use, or disclose t he data to t he extent provided i n the resulting contract . This restriction does not limit the Government ' ' s r i ght t o use in f o r mation cont ained in thi s data i f i t is obta ine d from another s our c e without restriction . The data subject to this restriction are contained in sheets [insert numbers or other i dentifi cation of sheets] ; a nd (2 ) Mark each sheet of data it wishes to restrict with the fol l owing legend : (f) "Cont ract awa r d . " PAGE 33 OF 59 HHM402-08-C-0072
(1) The Government i ntends to award a contract or contracts resulting from this solicitation to the responsible offeror (s ) whose proposal(s ) represents the best value after evaluation in accordance with the factors and s ubfactors in the sol i citation . (2) The Government may reject any or all proposals if such action is in the Government ' ' s interest . (3) The Government may waive informalities and minor irregularities in proposal s received . (7) Exchanges with offerors after receipt of a proposal do not constitute a reject i on or counteroffer by the Government . (4 ) The Governm ent i ntends to evaluate proposals and award a contract without discussions with offerors (except clarifications as described in FAR 15 . 306(a )). Therefore , the offeror ' ' s initial proposal should contain the offeror ' ' s best terms from a cost or price and techni cal standpoint . The Government reserves t he right to conduct discussions if t he Contracting Officer later determines them to be necessary . If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range e xceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number t hat will permit an efficient competition among t he most highly rated proposals. (5) The Government reserves the right to make an award on any item for a quant i ty less than the quantity offered, at the unit cost or prices offered , unless the offerer specifies otherwise in the proposal . (6) The Government reserves the right to make multiple awards if , after considering the additional administrative costs , it i s in the Government ' ' s best interest to do so . (8) The Government may determine that a proposal is unacceptable if the prices proposed are materi ally unbalanced between line items or s ubline i tems . Unbalanced pricing exists when, despite an acceptable total evaluated price , the price of one or more contract line items is significantly overstated or understated as indicated by the app l ication of cost or pr ice analys i s techni ques . A proposal may be rejected if the Contracting Officer determines that the lack of balance poses an unaccept abl e r i sk to the Government . (9 ) If a cost realism analysis is performed, cost realism may be considered by the source selection authority i n evaluating performance or schedule risk . (10) A written award or acceptance of proposal mailed or otherwise furnished to the successful offeror within the time specified in the proposal shall result in a binding contract without further action by either party . (11) If a post-award debriefing is given to requesting offerers , the Government shall disclose the following information, if applicable : (i) The agency ' ' s evaluation of the significant weak or deficient factors in the debriefed offeror ' ' s offer . (ii) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror . (i ii) The overall ranking of all offerors , when any rank ing was developed by the agency during source selection . (iv) A s ummary of the rationale for award . (v) For acquisitions of commercial items , the make and model of the item to be delivered by the s uccessful offerer (vi) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-select i on procedures set forth in the solicitation , applicable regulations, and other applicable authorities were followed by the agency . (End of Provision) I . 34 52 . 216-18 ORDERING (OCT 1995) (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 through (b) All delivery orders or task orders are subject to the terms and conditions of this contract . In t he event of conflict between a delivery order or task order and this contract , t he contract shall control . (c) If mailed, a delivery order or task order is considered "issued " when the Government deposits the order in the mail . Orders may be issued orally , by facsimile , or by electronic commerce methods only if authorized in the Schedule . (End of Clause ) I . 35 52 . 216-19 ORDER LIMITATIONS {OCl,A W~JoF 59 HHM 402 . 08 .c. 0072(a ) "M inim um order ." W hen the Government requires supplies or services covered by t hi s contract in a n amount of less than the Government is not obligated to purchase , nor is the Contractor obl igated to furnish , those s upplies or services under the contract . (b) "Maximum order . " The Contractor is not obligated to honor- (1 ) Any order for a si ngle i tem in excess of (2) Any order for a combination of items in excess of or (3 ) A series of orders from the same ordering office within days that together ca l l for quantities exceeding the l imi tation 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 t he Federal Acquisition Regulation (FAR)) , t he Government is not required to order a part of any one r e quirement from the Cont ractor if that requireme nt e xceeds the maxi mum- order limitations i n paragraph (b) of t his sect i on . (d) Notwithstanding paragraphs (b) and (c) of this section , the Contractor shall honor a ny orde r exceeding the maximum order limitations i n paragraph (b), unless that order (or orders ) is returned to the ordering office withi n days after is suance , with written notice stating t he Contractor ' ' s i ntent not to ship the item (or items) cal led for and the reasons . Upon receiving thi s notice , t he Governme nt may acquire the supplies or services from another source . (End of Clause) I . 36 52 . 216- 20 DEFINITE QUANTITY (OCT 1 995) (a ) This is a definite- quantity , indefinite- delivery contract for the supplies or services specifi ed, and effective for the period stated, in the Schedul e . (b) The Government s hall order t he quantity of s upplies or services specified i n the Schedu l e , and the Contractor shall furn i sh them when ordered . Deliver y or performance shall be at l ocations designated in orders issued i n accordance with the Orderi ng c l ause and t he Schedule . (c) Except for any l imitations on quantit i es i n the Order Limitations clause or i n the Schedule , t here i s no limit on t he number of orders that may be issued . The Government m ay i ssue orders requiri ng del ivery to mult i pl e destinations or per formance a t multiple l ocations . (d ) Any order issued duri ng t he effective peri od of this contract and not completed within that time shal l be compl eted by t he Contractor within the time s pecified in the order . The contract s hall gove rn t he Cont ractor ' ' sand Government ' ' s r ights a nd obliga t ions with r espect to t ha t order to t he same extent as i f t he order were completed during t he contract ' ' s effective period; provided, that the Contractor s hall not be require d to ma ke any deliveri es unde r this cont rac t aft er (End of Clause ) I . 37 52 . 216-21 REQUIREMENTS (OCT 1 995 ) (a) Thi s is a requirements contract for t he supplies or services specified, and effect ive for the period stated, in the Schedule . The quantities of supplies or services specifi ed i n the Schedule a re estimates only and are not purchase d by this contract . Exce pt as this contract may otherwi se provide , if the Government ' ' s requirements do not result i n orders in the quantit i es described as "estima ted" or "maximum" in the Schedule , that fact s hall not constitute the basis for a n equitable pri ce adj us tment . (b) Delivery or performance shall be m a de on l y as authorized by orders issued i n accorda nce with the Ordering c lause . Subj ect to any limitations in the Order Limitat i ons clause or e l sewhere i n t his contract , the Contractor shal l f urnish to the Government all supplies or services specified in t he Schedul e and called for by orders issued i n accordance with the Orderi ng clause . The Government may issue orders requiring delivery to mul tipl e desti nations or performance at mu l tipl e l ocations . (c) Except as t his contract otherwise provides , the Government shall order from the Contractor all t he supplies or services specified in the Schedu l e t hat are required to be purchased by the Government activity or act i vities speci fied i n t he Schedule . (e ) If t he Government urgent ly requires delivery of any quantity of an item before the earliest date that del ivery may be specified unde r this contract , and i f t he Contractor wi l l not accept a n order providi ng for the accelerat ed de l ivery, the Government may acquire the urgently required goods or services from another source . (End of Clause ) (d ) The Government is not required to purchase from the Contractor requirements i n excess of any limi t on total orders under this contract . PAGE 35 OF 59 HHM402-08-C-0072
(f) Any order issued dur ing the effective per i od of this cont ract and not completed within that period sha l l be completed by the Contractor withi n t he time specified in the order . The contract s hall govern the Contractor ' ' sand Government ' ' s r i ghts and obligations with respect to t hat order to t he same e xte nt as if t he order were completed during t he contract ' ' s effective period ; prov i ded, that t he Contractor s hall not b e required t o make any deliver i es under t hi s contract after I . 38 52 . 2 1 6- 22 I NDEFINI TE QUANTITY (OCT 1 995 ) (a) This i s an indefinite-quantity c ontract f o r the supplies o r servi ces s p e c ified, a n d effect i ve for t he period stated, in the Schedule . The quantities of supplies and services specified in the Schedule a re estimates onl y and are not p urchased by this cont ract . (b) Delivery or performance shal l be made on ly as authorized by orders issued i n accordance with the Ordering c lause . The Contractor shall furnish to the Gove r nment , wh en and if o rdere d, the s upplies or services s pecified in the Schedule up to and i nc luding the quantity designated in the Schedul e as the "maximum . " The Governme nt shall o rde r at l east t he quantity of s u ppl i es or services designa t e d i n the Schedule as the "minimum." (c ) Except for any limitation s o n quantities i n t he Order Limitations clause or i n the Schedule , there i s no l imit on t he numbe r o f orders that may be issue d . The Government may i ssue orders requiri ng delivery to multiple destination s or performance at multiple locat i ons . (End o f Clause ) (d ) Any order issued duri ng the effective period of this contract and not completed withi n that period shall be completed by the Contractor withi n the time s pecified i n the order . The contract s hall govern t he Contractor ' ' sand Government ' ' s r i ghts a nd obligations with respect to t hat order to t he same extent as if t he order were completed during t he contract ' ' s e ffective period ; provided, that t he Cont ractor shall not be required to make any del iveries under this contract after I . 39 52 . 2 19-13 {52 . 2 19-13 ) [RESERVED] I . 40 52 . 219-16 LIQUIDATED DAMAGES--SUBCONTRACTI NG PLAN ( JAN 1 999 ) (a ) " Failu re to ma ke a good fa i th effort t o comply with t he s ubcon t rac t i ng plan", as used i n this c l ause , means a willful or i ntent i onal fa i lure t o perform in accordance with the requi rements of the subcontracting plan approved u nder the clause in t his contract entitled " Small Business Subco n t racting Plan ," o r wi llful or intentional action t o f rustrate the p lan . (b) Performance s hal l be measured by applying the percentage goal s to t he total actual s ubcontracting dollars or, if a commercial p l a n is involved, to t he p ro rata s hare o f act ual s ubcontracting dol l ars attributable to Government contracts covered by t he commercia l plan . If , at cont ract compl etion or, in the case of a commercial p lan , at the c l ose of t h e fiscal yea r for which the plan is appl icable , the Contractor has fai l ed to meet i ts subcontracting goals and the Contract ing Officer decides i n accordan ce with paragraph {c) of this clause that the Cont racto r fa i led to ma ke a good fait h effort to comply with its subcontract i ng plan , establ i shed i n accordance with t he c lause i n t his contrac t e ntit l e d " Small Business Subcontracting Plan, " t he Contractor s hall pay the Governme nt liquidated d a mages i n an amount stated . The amount of probabl e damages attributable to the Contractor ' ' s fai l ure to comply shall be an a mount equal to t h e act ual dollar amount by which the Contractor f aile d to achieve each subcontract goa l . (d ) Wit h respect to commercial plans , the Contracting Officer who approved the p l an will perform the f unct ions of t he Contracting Officer u nder this c lause o n behalf of a l l agenci es with contracts covered by the commercial plan . (End of Clause ) (c ) Before the Contracting Officer makes a final decision that t he Contractor has fa i led to make such good fait h effort , t he Contracting Officer s hal l giv e t he Contractor written notice specifying the fa i lure and per mitt ing the Cont ractor to demonstrate wh a t good fa i th efforts have been made a nd to discuss t he matter . Failure to respond to the not ice may be taken as a n admission that no valid explanation exists . If , after consideration of all the p ertinent data , the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan , the Contrac t ing Officer shall issue a fi nal decis i on to tha t effect and require that the Cont ractor pay t he Government liquidated damages as provided in paragraph (b ) of this clause . (f) Liqui dated damages shall be in a ddition to any other remedies that t he Government may h ave . (e) The Contractor shall have t he r ight o f appeal , under the clause i n t his cont rac t entitled, Disputes , from any fi nal decision of the Contract ing Officer . PAGE 36 OF 59 HHM402-08-C-0072I . 41 52 . 219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (JUN 2003 ) (a ) "Definition ." "Small business concern," as used in this clause , means a concern , including its affiliates , t ha t is independently owned and operated, not dominant in the fie l d of operation in which it is bidding on Government contracts , and qualified as a s mall business under the s i ze standards in this solicitation . (b) "General ." (1 ) Offers are solicited only from small business concerns . Offers received from concerns that a re not s mall bus iness concerns shall be cons i dered nonrespons i ve a nd wi ll be re jected . (2 ) Any award resulting from t hi s solicitation will be made to a s mall business concern . (c) "Agreement . " A s mall bus iness concern submitt i ng an offe r in its own name shal l furnish , i n performing the contract , only end items manufactured or produced by small business concerns in t he Uni t ed States or its out l ying areas . I f t his pr ocurement i s processed under simpl if i ed acqu i sition procedures and the total amount of thi s contract does not exceed $25 , 000 , a small business concern may furnis h t he product of any domestic firm . This paragraph does not apply to construction or service contracts . (End of Clause ) I . 42 52 . 219-8 UTILIZATION OF SMALL BUSINBSS CONCBRNS (MAY 2004 ) (a) It is the policy of t he United States that small business concerns , veteran-owned small business concerns , service-disabled veteran-owned small business concerns , HUBZone s mall 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 , i ncluding 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 thei r s ubcontracts wit h small business concerns , veteran-owned smal l business concerns , service disabled veteran- owned small business concerns , HUBZone s mall business concerns , small disadvantaged business concerns , and women-owned s mall bus i ness concerns . "Service-disabled veteran-owned small business concern "- - (b) The Cont ractor her eby a grees to carry out this policy in the awarding of subcontracts t o the fullest extent consistent with efficient contract performance . The Contractor further agrees t o cooperate i n a ny studi es or s urveys as ma y be conduct ed by the Unit ed States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of t he Contractor ' ' s compliance with this clause . (c ) Definit ions . As used in this contract- - "HUBZone small bus iness concern " m eans a small bus iness concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by t he Small Bus i ness Administration . (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 i n 38 U. S . C. 101 (16) . (1 ) Means a small business concern- - (i) Not l ess 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 ; a nd (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or , in t he case of a service- disabled veteran with permanent a nd severe disabi l ity , the spouse or permanent caregi ver of such veteran . "Small business concern " means a small business as defined pursuant to Section 3 of the Small Business Act a nd relevant regul a t i ons promulgated pursuant thereto . "Small disadvantaged business concern " means a small business concern t hat represents , as part of its o ffer tha t - - (1 ) It has received certification as a smal l disadvantaged business concern consistent with 13 CFR part 124, Subpart B; (2 ) No material change in disadvantaged ownership and control has occurred since its certificat i on ; "Women-owned smal l business concern " m eans a small business concern- - (3 ) W here the concern is owned by one or more individuals , the net worth of each individual upon whom the certification is based does not e xceed $750 , 000 after t aking into account t he 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 s mall busi ness concern " means a s mall business concern- - PAGE 37 OF 59 HHM402-08-C-0072
(1) Not less than 51 percent of whi ch is owned by one or more veterans (a s defi ned 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 whi ch i s owned by one or more veterans ; and (2) The management and daily business operations of which are controlled by one or more veterans . (1) That is at least 51 percent owned by one or more women , or , in the case of any publicly owned business , at l east 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) Contract ors acting i n good faith may rely on written representat i ons by their subcontractors regardi ng 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 b us iness concern . (End of Clause) I . 43 52 . 219-9 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) (a) This clause does not apply to small business concerns . (b) Definit ions . As used in t his clause- - "Alaska Native Corporation (ANC ) " means any Regional Corporat i on, Vil l age Corporation , Urban Corporation , or Group Corporation organized under the laws of the State of Alaska in accordance with the Al aska Native Clai ms Settlement Act , as amended (43 U. S . C. 1601 , et seq .) and which i s considered a minority and economically disadvantaged concern under the criteria at 43 U. S . C. 1626(e) (1) . Thi s defi nition also includes ANC direct and indirect subsidi ary corporat i ons , joi nt ventures , and partnerships that meet the requirements of 43 U. S . C. 1626(e) (2) . "El ectroni c Subcont racting Report i ng System (eSRS) " means t he Governmentwide , e lectronic, web based system for small business subcontracting program reporting . The eSRS is located at http : // www . esrs . gov . "Master plan " means a subcontracting plan that contains all the required elements of an individual contract p lan, except goal s , and may be incorporated i nto indi vidual contract plans, provi ded the master plan has been approved . "Commercial item " means a product or service that satisfies the definition of commercial item in section 2 . 101 of t he Federal Acquisition Regulation . "Commercial plan " means a subcontracting plan (including goals) that covers the offeror ' ' s fiscal year and t hat applies to t he entire production of commercial items sold by either the entire company or a portion thereof (e . g . , division , plant , or product line) . "Indian tribe " means any Indian tribe , band, group , pueblo , or community, including nat ive villages and native groups (including corporations organized by Kenai , Juneau, Sitka , and Kodiak ) as defined in the Alaska Native Claims Settlement Act (4 3 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 wi th 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 t hat covers the entire contract period (incl uding opt i on peri ods ) , appl i es to a speci fic contract , and has goals that are based on the offeror ' ' s planned subcontracting in support of the specific contract , except that indirect costs i ncurred for common or joint purposes may be allocated o n a p r orated basis to t he cont ract . "Subcontract " means any agreement (other than one involving an employer-employee relationship ) entered i nto by a Federal Gover nment prime Contractor or subcontractor calling for supplies o r services required for performance of the contract or subcontract . (d) The offeror ' ' s s ubcontracting plan shall include the following : (ii ) Where one or more subcontractors are in the subcontract tier between the pri me contractor and the ANC or Indian tribe , the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its smal l business and small disadvantaged business subcontracting goals . (c) The offeror , upon request by the Contracting Officer, shall submit a nd negotiate a subcontracting plan , where applicable, that separately addresses subcontracting with small business , veteran-owned small business , service- disabled veteran-owned small business , HUBZone small business concerns , small disadvantaged business , and women-owned small business concerns . I f the offeror is submitting an individual contract plan , the plan must separately address subcontracting with s mall business , veteran-owned smal l business , service-disabled veteran-owned smal l busi ness , HUBZone small business , small disadvantaged business , and women-owned small business concerns , with a separate part for the bas i c contract and separate parts for each opt i on (i f any) . The plan shall be included in and made a part of the resultant contract . The subcontracting plan shall be PAGE 38 OF 59 HHM402-08-C-0072
negotiated within the time specified by the Contracting Officer . Failure to submit and negotiate the s ubcontracting plan s hall make the offerer i neligible for award of a contract . (1 ) Goal s , expressed in terms of percentages of total p l anned subcontracting dollars , for t he use of smal l business , veteran-owned s mall business , service-disabled veteranowned s mall business , HUBZone small bus i ness , small disadvantaged business , and women- owned smal l business concerns as s ubcontractors . The offerer s hall i ncl ude all subcontracts that contribute to contract performance , and may incl ude a proportionate share of products and services that are normally a llocated as i ndirect costs . I n accordance with 43 u. s .c . 1 626 : (i) Subcontracts awarded to a n ANC or Indian tribe s hall be counted towards the subcontracting goals for small bus iness a nd small disadvantaged bus iness (SOB ) concerns , regardless of t he size or Small Business Administration certification status of t he ANC or I ndian tribe . (A) I n most cases , the appropriate Contractor is the Contractor that awarded t he subcontract to t he ANC or I ndian tribe . (D) I f the Contracting Off i cer does not receive a copy of the ANC#s or the Indian tribe#s wr itten designation within 30 days of the subcontract a ward, the Contractor that a warded the subcontract to the ANC or Indian tribe wil l be considered the designated Contractor . (B) If the ANC or Indian t r ibe designates more than one Contractor to count the s ubcontract towar d i ts goals , the ANC or Indian t ribe shall designate only a portion of the tota l subcontract award to each Contractor . The sum of the amounts designated to various Contractors cannot exceed the tota l value of the s ubcontract . (C) The ANC or I ndian tribe shall gi ve a copy of the wri tten designat i on to the Contracting Officer , t he prime Contractor, and the s ubcontractors in between the prime Contractor and the ANC or Indian tribe withi n 30 days of the date of the s ubcontract award. (2 ) A statement of- - (i) Total dollars planned to be subcontracted for an indi vidual cont ract plan ; o r the offerer ' ' s total projected sal es , expressed in dollars , and the total val ue of projected s ubcontracts to s upport the sales for a commercial plan ; (v) Total dollars planned to be subcont racted to HUBZone smal l business concerns ; (ii) Tota l dol l a rs p lanned t o be subcontracted t o small business concerns (i ncl uding ANC and I ndi an tribes ) ; (iii ) Total dollars p lanned to be subcontracted to ve t eran-owned small business concerns ; (iv) Total dollars planned to be s ubcont racted to service- disabled veteran- owned sma l l business ; (vi) Total doll ars planned to be subcontracted to small disadvantaged business concerns (including ANC and Indian tribes ) ; and (vii ) Total dollars planne d to be subcontracted to women- owned small business concerns . (3 ) A description of the pri nc ipal types of supplies and services to be subcontracted, and an i dentification of the types p l anned for subcontracting to- (i) Smal l business concerns ; (i i ) Veteran-owned s mall business concerns ; (i ii) Service-disabled veteran-owned smal l business concerns ; (iv ) HUBZone small business concerns ; (v) Small disadvantaged business concerns ; and (vi ) W omen-owned small business concerns . (4) A description of the method used to develop t he s ubcontracting goals in paragraph (d) (1) of this c l ause . (5 ) A description of the method used to identify potential sources for sol i citation purposes (e . g . , e xist i ng company source lists , the Cent r a l Cont r actor Registration database (CCR), veterans service organizat ions , the National Minority Purchasing Council Vendor Information Service , the Rese a rch a nd Information Division of the M i nority Business Development Agency in the Departme nt of Com merce, or s mall , HUBZone , s mall disadvantaged, and women-owned small business trade associations) . A firm m ay rely on the i nformation cont a i ned in CCR as an accurate representation of a concern ' ' s size and ownership characteristics for the purposes of maintaining a smal l , veteran- owned small , s ervice- disabled veteran- owned small , HUBZone s mall , smal l disadvantaged , and women-owned smal l business source list . Use of CCR as its source l ist does not relieve a firm of its responsibilities (e . g ., outreach , assistance , counseling , or publicizing subcontracting opportunit i es) in this clause . (6) A statement as to whether or not the offerer i ncluded i ndirect costs in establishing s ubcontracting goal s , a nd a description of the method used to determine the proportionate s hare of i ndirect costs to be incurred with- - (i i) Veteran-owned small bus iness concerns ; (i) Small business concerns (i ncl uding ANC a nd I ndian tribes ) ; (i ii) Service-disabled veteran- owned small business concerns ; (iv) HUBZone small business concerns ; (8) A descri ption of the efforts the offerer wil l make to assure t hat small bus iness , veteran owned s mal l business , service- disabled veteran-owned s mall business , HUBZone s mall business , s mall PAGE 39 OF 59 HHM402-08-C-0072
di sadvantaged bus i ness , and women-owned smal l bus i ness concerns have an equitable opportunity to compete for subcontracts . (v) Smal l disadvantaged business concer ns (i ncludi ng ANC and I ndian tribes ) ; a nd (vi ) Women- owned small business concerns . (7 ) The name of t he i ndi vi dual empl oyed by the offere r who wi l l administ e r t he offer er ' ' s subcontracting program, and a description of the duties of the individual . (9) As s urances tha t t he offer er wi l l i nclude the c l ause of t hi s cont ract ent it l e d "Util i zation of Smal l Business Concerns " in all subcontracts that offer further subcontracting opportunities , a nd t ha t t he offerer will r equi r e all subcont ract o r s (except small bus i ness concerns ) t hat receive subcontracts in excess of $550 , 000 ($1 , 000 , 000 for construction of any public faci l ity with further s ubcontracting possibilities ) to adopt a subcontracting plan that complies with the requirements of t his c l ause . (10) Assurances that the offeror will- - (i ) Cooperat e in any studies or s urveys as may be required; (ii ) Submit periodic reports so that the Government can determine the extent of compliance by t he offerer with t he subcontracting plan ; (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 a nd , if not , why not ; (D) Whether HUBZone small business concerns were solicited and , if not , why not ; (E) Whether smal l di s adva ntaged bus i ness concerns were sol i cited a nd , i f not , why not ; (F l Whether women- owned small business concerns were solicited and, if not , why not ; and (G) If appli c ab l e , the r e ason a ward was not made t o a s mall busine ss concern . (iv) Records of any outreach efforts to contact- (A) Tr ade a s soci ations ; (B) Business development organizations ; (C) Confe rences a nd t rade f airs t o l ocate s mal l , HUBZone s mall , smal l di sadvantaged, and women- owned small business sources ; and (D) Veterans service organizations . (v) Records of i nternal guida nce and encouragement provided to buyers through- (A) Workshops , seminars , training, etc . ; and (B) Moni t ori ng perf ormance to evaluate compl iance with the program' ' s requi rements . (iii ) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with parag raph (1 ) of t his 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 , a nd Historically Black Colleges and Universities a nd M i nori ty Inst i tut i ons . Report i ng shall be in accordance wi th this c l ause , or as provi ded in agency regulations ; (i v) Ensure t hat its s ubcont ractors with s ubcont ract i ng plans agree t o submit the I SR and/or t he SSR using eSRS ; (v) Pr ovide its prime cont r a ct number , i t s DUNS number , a nd t he e - mai l addr ess of the Government or Contractor official responsible for acknowl edging or rejecting the reports , to all first - tier s ubcontract ors with subcont r act i ng p l ans s o they c a n enter thi s i nfor ma t i on i nt o the e SRS when submitting their reports ; and (v i ) Require t ha t each subcontractor wi th a subcont ract i ng plan provide the pri me contract number , its own DUNS number , and thee- mail address of t he Government or Contractor offici al responsible for acknowledging or rejecting t he reports , to its subcontractors with subcontract ing plans . (11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with t he requirements and goals i n the plan , including establishing source lists ; and a description of the offeror ' ' s efforts to locate small business , veteran- owned s mall business , service- disabled veteran- owned s mall business , HUBZone small business , small disadvantaged business , and women- owned small business concerns and award subcontracts to them . The records s hall include at least t he following (on a plant- wide or company- wide basis , unless otherwi se indi cated) : (i ) Source lists (e . g . , CCR) , guides , and other data that identify s mall business , veteran owned sma l l bus i ness , servi ce-disabled veter an-owned smal l business , HUBZone smal l bus i ness , sma l l disadvantaged business , and women- owned small business concerns . (i i ) Organizations c ontacted i n a n atte mpt t o locate sources t hat are s mall bus i ness , veter a n owned small business , service- disabled veteran- owned small business , HUBZone small business , small disadvant aged bus ines s , or women- owne d smal l business concer ns . (iii ) Records on each subcontract solicitation resulting in an award of more than $100 , 000 , i ndicating- - (A) Whether smal l business concerns were solicited and, if not , why not ; PAGE 40 OF 59 HHM402-08-C-0072
(5) Provide not i ce to s ubcontractors concer ning penal ties and remedi es for misrepresentations of business status as smal l , veteran- owned s mall business , HUBZone s mall , smal l disadvantaged , or women- owned small business for t he purpose of obtaining a subcontract t hat is t o be i ncluded as part or all of a goal contained in t he Contractor ' ' s s ubcontracting plan . (vi ) On a contract - by- contract basis , records to support award data s ubmi tted by the offerer to the Government , incl udi ng the name, address , a nd business s i ze of each subcontractor . Contractors having commerci a l pl ans need not comply with this requi rement . (e ) In order to effectively implement this pl an to the e xtent consistent with efficient contract performance , the Contractor shal l perform t he following func t i ons : (1 ) Assist small business , veteran- owned s mall business , service- disabled veteran- owned s mall business , HUBZone s mal l business , small disadvantaged business , and wom en-owned s mall business concerns by a rrangi ng sol icitations , t i me f o r the preparation of bids , quantities , specificat i ons , a nd delivery schedules so as to facilitate the participation by s uch concerns . Where t he Contractor ' ' s lists of potential small busi ness , veteran- owne d smal l business , s e rvice- disabled veteran-owned small business , HUBZone small business , s mall disadvantaged business , and women-owned s mall business subcontractors are e xcessivel y long , reasonable effort shall be made to give a l l such s mall business concerns a n opportunity to compete over a period of time . (2) Provide adequate a nd t i mely consi deration of the potentialities of small business , veteran owned smal l business , servi ce-disabled veteran-owned small bus i ness , HUBZone small bus i ness , small disadvantaged busi ness , a nd women- owned s mall busi ness concerns i n al l "make- or- buy " decisions . (3 ) Couns el and discus s subcontract i ng opportunitie s with r epresentatives of smal l bus i ness , veteran- owned smal l business , service- disabled veteran- owned s mall business , HUBZone small business , small disadvant a ge d business , a nd women- owned smal l business f i r ms . (4 ) Confirm that a subcontractor representing itself as a HUBZone s mall business concern is i dentified as a certifi ed HUBZone s mal l bus iness concern by access i ng the Cent ral Contractor Registration (CCR ) database or by contacting SBA . (f) A master plan on a p lant o r di vis i on-wi de bas i s that conta i ns all the elements requ i red by paragraph (d ) of t his clause , e xcept goals , ma y be i ncorporated by reference as a part of the s ubcont racting plan required of t he offerer by this c lause ; provi ded- - (1 ) The master plan has bee n approved; (2 ) The offerer ensures t hat the master plan is updated as necessary and provides copies of the approved mast er plan, i ncludi ng evi dence of its approval , to t he Cont racting Officer; and (g) A commercial plan is the preferred type of s ubcontracting plan for contractors furnishing com me rcia l i tems . The commercial pl an shall relate to the offerer ' ' s planne d s ubcontracting general ly , for both commercial a nd Gover nment business , rather than solely to the Government contract . Once the Contracto r ' ' s commercial plan has been approved, t he Government wil l not require another s ubcontracting p l an from the same Contractor whi l e the plan remains i n effect , as long as the product or service being provided by t he Contractor continues to meet the definition of a commercial item. A Contract or with a commerc i al p lan shall comply with the report i ng r equirements stated in paragraph (d ) (10 ) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan . This report shall be acknowledged or rejected in eSRS by the Contract ing Officer who approved t he p l an . This report s hall be submitted within 30 days after the e nd of the Government ' ' s fi s c a l year . (i) A contract may have no more t han one plan . When a modification meets the criteria i n 19 . 702 for a pl an , or an option i s exerc i sed, the goals associated wi t h the modification o r opti on shal l be added to t hose in the existing subcontract plan . (j) Subcont racting p l ans are not r equired from s ubcont ractor s when t he prime contract cont a ins the clause at 52 . 212 - 5, Contract Terms a nd Condit ions Required to Impl ement Statutes o r Sxecutive Orders--Commercial Items , or when the subcontractor provides a commercial item s ubj ect to the clause at 52 . 244- 6, Subcontracts for Commercial Items , under a prime contract . (k ) The fail ure of the Cont ractor or subcontractor to comply i n good faith with- - (1 ) The clause of t hi s contract entitled "Utilization Of Small Bus i ness Concern s ;" or (2 ) An approved plan required by this clause , s hall be a material breach of the contract . (1) The Contractor shall s ubmit ISRs and SSRs usi ng t he web- based eSRS at http : //www . esrs . gov . Purchases from a corporation , company , or subdivision that is an affi l iate of the prime Contractor or s ubcontractor are not included in these reports . Subcontract award data reported by prime Contractors and s ubcontractors shal l be limited to awa rds made to t he i r immedi ate next-tier s ubcontractors . Credit cannot be take n for a wards made to lower tier subcontractors , unless the Contract or or subcont ract o r has been designated t o receive a s mal l business o r small disadvanta ged business credit from an ANC or I ndian tribe . (3 ) Goal s and any deviations from t he master p lan deemed necessary by the Cont ract i ng Off i cer to satisfy the requirements of this contract are set forth in the individual subcontracting plan . (h) Prior compliance of t he offerer with ot her s uch subcontracting p l ans under p revious cont racts wil l be considered by the Contracting Offi cer in determini ng the responsibility of the offerer for award of t he contract . PAGE 41 OF 59 HHM402-08-C-0072
(1) ISR . This report is not required for commercial plans . The report is required for each contract containing a n indivi dual subcontract plan a nd s hall be submitted to the Administrative Contracting Officer (ACO) or Contract i ng Officer , i f no ACO is assigned . (A) In the case of the prime Contractor , with the Contracting Officer; and (B) In the case of a s ubcontract with a subcontract i ng plan , with the entity that awarded the s ubcontract . (2) SSR . (i) Reports s ubmitted under individual contract p l ans- - (A) This report encompasses a l l subcont ract i ng under pri me contracts and subcontracts with t he awarding a gency , regardless of the dollar value of t he subcontracts . (i) The report shall be submitted semi-annually during contract performance for the periods e nding March 31 a nd September 30 . A report i s also required for each cont ract with in 30 days of cont ract compl etion . Reports are due 30 days after the close of each reporting period, unless otherwise directed by the Contracting Officer . Report s a re required when due , regardless of whether there has been a ny s ubcontracting activity since the i nception of the contract or the previous reporting period . (ii) W hen a s ubcontracting p l an contai ns separate goals for t he basic contract and each option , as prescribed by FAR 19 . 704(c) , the dollar goal i nserted on t his report s hall be the sum of t he base per iod through the current option ; for e xample , for a report submitted after the second opt i on is exercised, the dollar goal woul d be t he s um of t he goals for the basic contract , the first option , and the second opt i on . (iii ) The authority to acknowle dge receipt or reject the ISR resides- - (B) The report may be submi t ted on a c orporate , company or subdivision (e . g . p lant or division operating as a separate profit center ) basis , unless otherwise directed by the agency . (C) If a pri me Contractor and/or s ubcontractor is performing work for more than one executive agency , a separate report shall be submitted to each e xecutive agency covering onl y that agency ' ' s contracts, provided at l east one of t hat agency ' ' s contracts i s over $550 , 000 (over $1 ,0 00 , 00 0 for construction of a publi c faci lity) and contai ns a subcontract i ng plan. For DoD , a consolidated report shall be submitted for a l l cont racts a warded by military departments/ agencies and/or subcont racts a warde d by DoD p r ime Cont ractors . However , for construct i on and r elated mai ntenance and repair , a separate report shal l be s ubmitted for each DoD component . (D) For DoD and NASA, the report shall be submitted semi - a nnua l l y for the six months ending March 31 a nd the t welve months e nding September 30 . For civil i an agencies , e xcept NASA, it shall be submi t ted annual ly for the twel ve month period e nding September 30 . Reports are due 30 days after the c l ose of each reporting period . (C) I f a Contractor has a commercial plan a nd is performi ng work fo r more than one executive agency , the Contractor shall specify t he percentage of dol lars attributable to each agency from which contracts for commercial items were received . (E) Subcontract awards that are related to work for more than one executive agency shal l be appropriately allocated . (F) The authority to acknowledge or re j ect SSRs in eSRS , including SSRs s ubmitted by s ubcontractors with subcontracting p l ans , resides with t he Government agency awarding the prime contracts. (ii ) Reports submitted under a com mercia l plan- - (A) The report s hall i nclude all s ubcontract awards under the commercial plan i n effect during the Government ' ' s fiscal year . (B) The report sha 11 be s ubmi t ted annual ly , with in thirty days after the end of the Governme nt ' ' s fiscal year . (D) The aut hority to acknowledge or reject SSRs for commercial plans resides with the Contracting Officer who approved t he commercial plan . (iii ) All reports submitted at the close of each fiscal year (both i ndividual a nd commercial plans) sha l l include a Year-End Supplementary Report for Small Di sadvant a ged Businesses . The report s hall incl ude subcontract a wards , in whole dol lars , to s mall disadvantaged business concerns by North American I ndustry Classification System (NAICS) I ndustry Subsector . I f the data are not available when the year-end SSR is submitted, the pri me Contractor and/or subcontractor s hal l submit t he Year- End Supplementary Report for Small Disadvantaged Businesses within 90 days of submitting the year-end SSR . For a commercia l plan , t he Contractor may obtain from each of its subcontractors a predominant NAICS Industry Subsector a nd report al l a wards to t hat subcontractor under its predominant NAICS I ndustry Subsector . (End of Cl ause ) I . 44 52 . 222 - 1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 199 7) If t he Cont ractor has knowledge t hat any actual or potential l abor dispute is de l aying or threatens to del ay the t i mely per formance of this contract , t he Contractor shall immedi ately gi ve notice , i ncluding all relevant information , to the Contracting Officer . PAGE 42 OF 59 HHM402-08-C-0072
(End of Cl ause) I . 45 52 . 222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (D EC 1996 ) If this contract is for t he manufacture or furnishing of material s , supplies , articl es or equipment in a n amount that exceeds or may exceed $10 , 00 0, and i s subject to the Walsh-Healey Public Cont racts Act , as amended (4 1 u.s .c. 35- 45 ) , t he following terms and conditions apply : (a) Al l stipulations required by the Act and regulations i ssued by the Secretary of Labor (4 1 CFR Chapter 50) are i ncorporated by reference . These stipulations are subject to all appli cabl e rulings and i nterpretations of t he Secretary of Labor that are now , or may hereafter , be i n effect . (b) All e mployees whose work relates to t his contract shal l be paid not l ess than the minimum wage prescri bed by regulations issued by the Secretary of Labor (4 1 CFR 50-202 . 2) . Learners , student learners , a pprentices , and handicapped workers may be empl oyed at less than the prescribed minimum wage (see 41 CFR 50-202 . 3) t o the same extent that such employment is permitted under Section 14 of the Fair La bor St a ndards Act (4 1 U. S . C. 40) . (End of Clause ) I . 46 52 . 222-26 EQUAL OPPORTUNITY (M AR 20 07) (a ) "Definition ." "United States," as used i n this clause , means the 50 States , the District of Columbia , Pue rto Rico, the Northern M ariana Islands , American Samoa , Guam, the U. S . Virgin I slands , a nd W ake Island . (b) (2 ) If the Contractor is a rel igious corporation , association , educational institution, or society , t he requirements of t his clause do not apply with respect t o the employment of individuals of a particular religi on to perform work connected with t he carryi ng on of the Contract or#s activities (41 CFR 60- 1 . 5) . (C) (1 ) The Contractor shall not discriminate against any employee or applicant for employment beca use of race , color , rel igi on , sex, or national origin . However , it shal l not be a violat ion of this c l ause for the Contractor to extend a publicly announced preference in e m ployment to Indians l iving on or near an Indian reservation , in connection with employment opportunit i es on or near an I ndian reservation , as permitted by 41 CFR 60- 1 . 5 . (2) The Contractor s hall take affirmative action t o ensure t hat applicants are empl oyed, and t hat employees are treated during employment , without regard to their race , color , religion , sex , or national origin . This shall incl ude , but no t be l i mited to- - (ii) Upgrading ; (1 ) If , during any 12-month period (including t he 12 months precedi ng the a ward of this contract), the Contractor has been or i s awarded nonexempt Federal contracts and/or subcont racts that have an aggregate value in e xcess of $1 0, 000 , the Contractor shal l comply with this clause , except for work perfor med outside the United States by e mployees who were not recruited within the United States . Upon request , the Contractor shall provide information necessary to determine the applicability of t hi s clause . (i) Employment ; (iii ) Demotion; (6) The Contractor shall compl y with Execut i ve Order 11246, as amended, and the rul es , regulations , a nd orders of the Secretary of Labor. (iv) Transfer ; (v) Recruitment or recruitment advertising ; (vi) Layoff or termination ; (vii ) Rates of pay or other forms of compensation ; a nd (viii) Select i on for t raining , includi ng apprenticeshi p . (3 ) The Contractor shall post in conspicuous places avai labl e to e mployees and applicants for employment the not i ces to be provided by the Cont racting Off i cer tha t explain this c lause . (4 ) The Cont ractor shall , in all solicitat i ons or advertisements for employees placed by or on be half of the Contractor , state that a l l qualified applicants wil l receive consideration for employment without regard to race , color , religion , s e x, or national origin . (5 ) The Contractor shall send, to each l abor 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 Cont racting Officer advising the labor union or workers '' representative of the Contractor ' ' s commitments under this c lause , and post copies of the notice in conspicuous places availab le to e mployees and appli cants fo r employmeri:tAGE 43 OF 59 HHM402-08-C-0072
(End of Clause ) (7) The Contractor shall furnis h to the contracting age ncy all i nformation required by Executive Order 11246, as amended, and by the rules , regulations , and orders of the Secretary of Labor . The Contractor shall also file Sta ndard Form 100 (EEO- 1) , or any successor form , as prescribed in 41 CFR part 60 - 1 . Unless the Contractor has f i l ed within the 12 months precedi ng the date of contract award, the Contractor shal l , 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 Empl oyment Opportunity Commission for the necessary forms . (8 ) The Contractor shall per mit access to i ts p r emises , duri ng normal bus iness hours , by the contracting agency or the OFCCP for the purpose of conducting on- site comp liance evaluations and complaint investigations . The Contractor shall permit the Government to inspect and copy any books, accounts , records (incl udi ng 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 r ules and regulations that i mplement 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 cancel ed, terminated , or suspended i n whole or in part and the Contractor may be declared i neligible for further Government contracts , under t he procedures a uthorized in Executive Order 112 46, as amended . In addition , sanctions may be imposed and remedi es i nvoked against the Contractor as provided in Executive Order 11246, as amended; in the rules , regulations , and orders of t he 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 t hat is not exempted by the r ules , regul at i ons , or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that t hese 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 t hese terms and condit i ons , includi ng sanctions for noncompliance , provided, t hat if t he Contractor becomes involved in, or is threatened with, litigation with a s ubcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the i nterests of the United States . (d) Notwithstanding a ny other clause i n t his contract , disputes relative to this clause will be governed by the procedures in 41 CFR 60-1 . 1 . I . 47 52 . 222 - 28 {52 . 222 - 28 } [RESERVED ] I . 48 52 . 222-3 CONVICT LABOR (JUN 200 3) (a) Except as provided i n paragraph (b) of this clause , t he Contractor shall not employ in the performance of this contract any person undergoing a sentence of i mpri sonment imposed by any court of a State , the District of Columbia, Puerto Rico , the Northern Mariana Islands, American Samoa , Guam, or t he U. S . Virgin Islands . (b ) The Contractor is not prohibited from employing persons- - (1 ) On parol e or probation to work at paid employment duri ng t he term of their sentence ; (2 ) Who have been pardoned or who have served their terms ; or (3 ) Confined for violation of t he laws of any of the Stat es , t he District of Columbia, Puerto Ri co, the Northern Mariana Isl ands , American Samoa , Guam, or the U. S . Virgin Islands who are authorized to work at paid employment in the community u nder the laws of such jurisdiction, if- (i) The worker is paid or is i n an approved work t raining program on a voluntary basis ; (ii ) Representatives of local union central bodies or similar labor union organizations have been consulted; (iii ) Such paid employment will not result in the displacement of employed workers , or be applie d in ski lls , cra fts , or trades i n which there is a surp l us of available gai nfu l labor i n the locality , or impair existing contracts for services ; (i v) The rates of pay and other conditions of employment will not be l ess than those paid or provided for work of a similar nature in the l ocality in which t he work is being performed; and (v) The Attorney General of t he United States has certif i ed that the work-release laws or regulations of the jurisdiction involved are i n conformity with t he requi rements of Executive Order 11755, as amended by Executive Orders 12608 and 12943 . (End of Clause ) PAGE 44 OF 59 HHM402-08-C-0072I . 49 52 . 222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS , VETERANS OF THE VI ETNAM ERA, AND OTH ER ELIGIBLE VETERANS . [SEP 2006 ] (a ) "Definitions . " As used in this clause- - "All e mpl oyment openings " me ans a l l posit i on s exc e pt executive a nd top mana ge ment , t hose pos i t ions t hat will be filled from within t he Contractor ' ' s organization , and positions lasting 3 days or less . Thi s ter m i ncludes full- time empl oyment , t emporar y employment of more t han 3 days dur a t i on , a nd part-t i me employment . "Execut i ve and t op management " means any empl oyee- - (1 ) Whose primary duty consists of the management of t he enterp rise i n which the individual is employed or of a customarily recognized department or subdivision thereof ; (2 ) Who customarily and r e gularl y di rects t he work of t wo or more other e mployees ; (3 ) W ho has the authority to hire or fire other employees or whose suggestions and recommendations as t o the hiring or firin g and as to the advancement a nd 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 empl oyee of a retai l or service establishment , who does not devote more t han 40 percent of total hours of work i n the work week to activi ties t hat are not di rectly and closely related to the performance of t he work described in paragraphs (1 ) t hrough (4) of this definition. This paragraph (5) does not apply in the case of an empl o yee who is i n sole char ge of a n e stabli shment or a physically separated b ranch establishment , or who owns at least a 20 percent interest in the enterprise in which the individual i s e mployed . "Other eligibl e veteran " means a ny other veteran who served on active duty during a war or in a c a mpaign o r expedition for whi ch a c ampaign badge has been authori zed . "Positions t hat will be filled from within the Contractor ' ' s organization " means empl oyment openings f o r which t he Cont ractor wi ll give no c onsiderat i on to per sons outs i de t he Cont ractor ' ' s organizat i on (incl uding any affiliates , s ubsidiari es , and parent companies ) and i nc l udes any openings t he Contractor proposes to f i ll from regularly est abl ished "recall " lists . The e xception does not a pp l y t o a part i cular opening once an employer decides to consider appl i cants outside of its organization . "Qualified special d isabl ed ve t eran " m eans a s peci al disabled veteran who satisfi es the req ui site skill , experience , education , and other job-related requirements of the employment position such veteran hol ds or desires , and who, with or without reasonable accommodation , can p erform the essential functions of such position . "Special disabled veteran " means- - (2) A person who was discharged or released from active duty because of a service-connected disability . "Vet e ran of the Vi etnam e ra " means a person who- - (i ) In t he Republic of Vietnam between February 28 , 1961, and May 7, 1975; or (1 ) A veteran who i s entitled to c ompensation (o r who but f o r t he receipt of mi l itar y ret ire d pa y would be entitled to compensation ) under laws administered by the Department of Veterans Affairs fo r a disabil i ty- - (i ) Rated at 30 percent or more ; or (ii) Rated a t 10 o r 20 percent i n t he ca se of a veteran who ha s been det e r mine d unde r 38 U. S.C . 3106 to have a serious employment handicap (i . e . , a significant i mpairment of t he veteran ' ' s a bi lity to prepa re for , obtain , o r reta i n empl oyment cons i stent with the veter a n ' ' s abilities , aptitudes , and interests); or (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 dishonorabl e di scharge , if any part of such act i ve duty occurred- (ii ) Between August 5, 1964 , and May 7, 1975, in all other cases ; or (2 ) Was discharge d or released from active duty for a service- connected disabi l ity if any part of the active duty was performed- - (i ) I n the Republic of Vietna m between February 28 , 1961 , a nd May 7, 1 975 ; or (i i ) Between August 5, 1964 , and M ay 7, 1975, in all other cases . (b) "General . " (iii ) Rate of pay or any other form of compensat i on a nd changes i n compensat i on ; (iv) Job assignments , job classifications , organizational structures , position descriptions , l ines of progr ess i on, a nd s eniority lis t s ; (v ) Leaves of absence , sick leave , or any other leave ; (vi) Fri nge be nefits availab le by virtue of employment , whether o r not admi niste red by the Contractor ; (vii ) Selection a nd f i nanc ial s uppo r t for tra i ning , i ncluding apprenticeship , a nd on-the-j ob training under 38 U. S . C. 3687 , professional meetings , conferences , and other related activities , and selection for l e a ves of a b sence to pursue tra i ning ; (1 ) The Contractor shall not discriminate against the individual because the indivi dual is a special disabled veteran , a veteran of the Vietnam era , or other eligible veteran, regarding any PAGE 45 OF 59 HHM402-08-C-0072
posit i on for which t he empl oyee or a ppl icant for employment is qual if i ed . The Cont r actor shall t ake affirmative action to employ , advance in employment , and otherwise treat qualified special disabled vetera ns , veterans of the Vie t nam e ra, a nd othe r e l igi ble veterans without di scr imi nat i on based upon their disability or veterans '' status in all employment practices such as- - (i ) Recruit ment , adverti s i ng, a nd j ob appl ication procedures ; (ii ) Hiring, upgrading , promotion , award of tenure , demotion , transfer , l ayoff , termination , right of r e t urn from l a yof f a nd rehiri ng; (3 ) Whenever the Contractor becomes contractually bound to the listing terms of this c l ause , it s hall advi se the State public empl oyment agency in each St ate where i t has establ i shment s of the nam e and location of each hiring location in the State . As long as the Contractor is contractually bound to these terms and has so advised t he State agency , it need not advise the State agency of s ubsequent contracts . The Contractor may advise t he State agency when i t is no longer bound by this contract clause . (viii ) Activities sponsored by t he Contractor incl ud i ng social or recreational p rograms ; and (ix ) Any other term, condition , or privilege of employment . (2 ) The Contractor shall comply with t he rules , regulations , a nd relevant orders of the Secretary of Labor issued under the Vietnam Era Veterans '' Readjustment Ass i stance Act of 1972 (the Act) , as a m ended (38 U. S . C. 4211 a nd 4212 ) . (c) "List i ng openi ngs ." (1 ) The Contractor shall immediately list all employment openings that exist at the time of the e xecut i on of t his cont ract a nd t hose which occur dur i ng the performance of t his contract , including those not generated by this contract , and including those occurring at an establishment of t he Cont ractor ot her than t he one where t he c ont r act i s be i ng perfo r med, but excludi ng thos e of independently operated corporate affiliates , at an appropriate local public employment service offi ce o f the State wherein the opening occur s . List i ng e mployment openings wi t h the U. S . Department of Labor ' ' s America ' ' s Job Bank shall satisfy the requirement to list jobs with the local employment s ervice off i c e . (2 ) The Contractor shall make the listing of emp loyment openings with the local employment service office at least concurrently with using a ny other recruitment source or effort and shall i nvolve t he normal obl i gations of placi ng a bona f i de job order , i ncluding accepting referra l s of veterans and nonveterans . This listing of employment openings does not require hiring any par ticular j ob appl icant or hiring from a ny particular group of j ob a pplicants a nd is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment . (d) "Applicability .'' This clause does not apply to the listing of employment openings that occur a nd are filled outside the 50 States , the District of Columbia , t he Commonwealth of Puerto Rico, the Commonwealth of the Northern M ariana Islands , Ameri can Samoa, Guam, the Vi rgin Is l ands of the United States , and Wake Island . (e ) "Post i ngs ." (i ) State the rights of applicants and employees as well as the Contractor ' ' s obligation under the law t o take affirmative act ion t o empl oy and advance i n employment qua l i f i e d empl o yees and applicants who are special disabled veterans , veterans of the Vietnam era , and other eligible ve t era ns ; and (ii ) Be in a form prescribed by the Deputy Assistant Secretary for federal Contract Compl iance Progr ams , Department of La bo r (Deput y Ass istant Sec retar y of La bor) , and p r ovi ded by o r t hrough t he Contracting Officer . (g) "Subcontracts ." The Contractor s hall i nsert t he ter ms of thi s c l ause in all subcontracts or purchase orders of $100 , 000 or more unless exempted by rules , regu l ations , or orders of the Secretary of Labor . The Contractor shall act as specified by the Deputy Assistant Secretary of Labor t o enf orce the terms , incl uding action for noncompliance . (1 ) The Contractor shall post employment notices in conspicuous places that are available to employees and a pplicants for employment . (2 ) The employment notices shall- - (3 ) The Contractor sha l l e nsure t hat app licants 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 veteran , or may lower t he posted notice so t hat 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 col l ective bar gai ning a g r eement , or ot her contract understanding , t hat the Contra ctor i s bound by t he terms of the Act and is committed to take affirmative action to employ , and advance in employment , quali f i ed spe c i a l d i sabl e d vet e rans , veteran s of the Vietna m era , a nd other eligi ble veterans . (f) "Noncompl i a nce . " I f t he Cont ract o r does not compl y with the r e qui rement s of this claus e , t he Government may take appropriate actions under the rules , regu l ations , and relevant orders of the Secr etar y of Labor issue d pur s uant t o the Act . PAGE 46 OF 59 HHM402-08-C-0072
(End of Cl ause ) I . SO 52 . 222-36 AFFIRM ATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998 ) (a ) "General ." (1 ) Regarding any posit i on for which the employee or applicant for empl oyment i s qualified , the Contractor shall not discriminate against any employee or applicant because of physical or mental di sabil i t y . The Contractor agrees to take a ffirmative act i on to employ , adva nce in employment , and otherwise treat qualified individuals with disabilities without discrimination based upon their physical o r mental disabilit y i n a l l employment pra c t i ces s uc h a s - (i ) Recruitment , advertising, and job application procedures ; (i i) Hi ring , upgrading , p r omotion , awa rd of tenure , de motion , t rans f er , l a yof f , termi nat i on , right of return from l ayoff , and rehiring ; (i i i ) Rates of pay or a ny othe r f o r m of compens a t i on and changes in compensation ; (iv ) Job assignments , job classifi cations , organizationa l structures , position descri ptions , lines of progress i on, and seniority lists ; (v) Leaves of absence , sick leave , or any other leave ; (vi ) Fringe benefits available by virtue of employment , whether or not admini stered by the Contractor ; (vii ) Selection and financial support for training , including apprenticeships , professional meetings , conferences , a nd other related activities , and selection for leaves of absence to pursue training; (viii) Activities sponsored by t he Cont ractor , i ncluding social or recreational programs ; a nd (ix) Any other term, condition , or pri vilege of employment . (2 ) These notices s hall be posted in conspicuous places that are available to employees a nd applicants for empl oyment . The Contractor shall ensure that applicants and empl oyees with disabilities are informed of the contents of the notice (e . g . , the Contractor may have the notice r ead to a visua l l y di s a b l ed i ndivi dual , o r may lower the posted notice so t hat it mi ght be read by a person in a wheelchair) . The notices shall be in a form prescribed by the Deputy Assistant Se c r etar y f o r Federal Cont ract Compl i ance of the U. S . Depar t ment of Labor (De put y Assistant Secretary ) and shall be provided by or through t he Contracting Officer . (c ) "Noncompl i a nce . " I f t he Cont ract o r does not compl y with t he r equi r ement s of this clause , appropriate actions may be taken under t he rules , regulations , and relevant orders of the Secretary issued pursuant to t he Act . (2 ) The Contractor agrees to comply with t he r ules , regulations , and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 u.s .c . 793) (the Act ) , as a m ended . (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 i n employment qual i fied i ndividuals with disabilities ; and (ii ) The rights of applicants and employees . (3 ) The Contractor shall notify each labor union or representative of workers with which it has a col l ective bargaini ng 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 a dva nce i n empl oyment , qual if i ed indivi dual s wi t h phys i cal or mental di sabil i t i es . (d ) "Subcontracts . " The Contractor shall include the terms of this clause in every subcontract or purcha s e order i n exc e s s of $10 , 000 unl ess e xempted b y r ul es , r egul ations , or o rders of the Secretary . The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms , incl uding act ion fo r nonc ompliance . (End of Clause ) I . 51 52 . 22 2- 37 EMP LOYMENT REPORTS ON SPECIAL DI SABLED VETERANS , VETERANS OF THE VI ETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2006 ) (a ) Unless t he Contractor is a State or local government agency , the Contractor shall report at least annually , as required by t he Secretary of Labor , on- - (1 ) The number of s pecial di sabl ed veterans , t he number of veterans of the Vietnam era, and other eligible veterans in the workforce of the Contractor by job category and hiring l ocation ; and (2 ) The total number of new empl oyees hired duri ng the period covered by the report , a nd of t he total , the number of special disabled veterans , the number of veterans of the Vietnam era , and the number of other e l igibl e veterans ; a nd (3 ) The maximum number and the minimum number of employees of the Contractor during the period covered by the report . PAGE 47 OF 59 HHM402-08-C-0072
(b) The Contractor s hall report the above items by completing the Form VETS- 100 , entitled "Federal Cont ractor Veterans '' Empl oyment Report (VETS- 100 Report ) ". (c) The Contractor shall submi t VETS-100 Reports no late r t han September 30 of each year begi nning September 30 , 1988 . (2) As of December 31 , i f the Contractor has pri or written a pproval from the Equa l Empl oyment Opportunity Com mission to do so for purposes of s ubmitting the Empl oyer I nformation Report EE0- 1 (St a ndard Form 100) . (e ) The Contractor s hall base the count of veterans reported according to paragraph (a ) of this c l ause on vol untary di sclosure . Each Contracto r s ubj ect to the reporting requirements at 38 U. S.C . 4212 shall i nvite all specia l disabled veterans , veterans of the Vietnam era , a nd other eligibl e veterans who wish to benefit unde r the affirmative action program at 38 U. S . C. 4212 to identify themse lves to the Contractor . The i nvitation shal l state t hat- - (1 ) The information is voluntarily provided; (2 ) The i nformat ion wi ll be kept confi dential ; (3 ) Disclosure or refusal to provide the information will not subject the appl i cant or empl oyee to any adverse treatment ; and (4 ) The information wi ll be used only i n accordance with the regu l ations promulgated under 38 u. s.c . 4212. (f ) The Cont ract or s hall i nsert t he terms of this clause i n a l l subcontracts or purchase orders of $100 , 00 0 or more un less exempted by rules , regulations , or orders of the Secretary of Labor . (End of Clause) (1 ) As of the e nd of a ny pay period between July 1 and August 31 of t he year t he report is due ; or (d ) The e mployment activity report required by paragraph (a ) (2) of this clause s hal l refl ect total hires during the most r ecent 12-month peri od as of the ending date selected for t he employment profile report required by paragraph (a ) (1 ) of this c l ause . Contractors ma y select a n endi ng date- - I . 52 52 . 223- 6 DRUG- FREE WORKPLACE (MAY 20 01) (a) "Definitions . " As used i n t his clause- - "Control l ed s ubstance " means a cont rol led substance in schedules I through v of sect i on 202 of t he Control led Substances Act (21 U. S . C. 812 ) and as f urther def ine d i n regulat ion a t 21 CFR 1308 . 11 - 1308 . 15 . "Conviction " means a finding of guilt (i ncludi ng a plea of nolo contendere ) or i mposition of sent e nce , or both, by any judicial body c har ged with the r esponsibility to determine violations of the Federal or State criminal drug statutes . (1 ) Publ ish a statement notifying its employees that the unlawful manufacture , di stribution , dispensing , possession , or use of a controlled s ubstance is prohibited in the Contractor ' ' s workplace and specifying the actions that wi ll be taken against employees for violations of such prohibition ; "Criminal drug statute " means a Federal or non- Federal criminal statute involving t he manufacture , distribut i on, di spens ing , possess i on, or use of a ny controlled s ubstance . "Drug- free workp l ace " means t he site (s ) for t he performance of work done by the Contractor in connect i on with a speci fic contract where empl oyees of the Contractor are prohibited from engaging in the unlawful manufacture , distribution , dispensing, possession, or use of a control led substance . "Empl oyee " means an e m ployee of a Contractor directly engaged i n the performance of work under a Government contract . "Directly engaged " is def ined to incl ude al l di rect cost employees and a ny ot her Contractor e mployee who has other than a minimal i mpact or involvement i n contract per formance . "Individual " m eans an offeror/contractor that has no more than one e mployee i ncluding t he offeror/ contractor . (b) The Contractor , if other than an i ndivi dual , shall - within 30 days afte r award (unless a longer period is agreed to i n wr it i ng for contract s of 30 days or more performance duration ) , or as soon as possibl e for cont racts of l ess than 30 days performance duration- - (2 ) Establish an ongoing drug-free a wareness program to inform such employees about- - (5) Notify the Contracting Officer i n wri ting within 10 days after receivi ng not ice under s ubdivi sion (b ) (4 ) (ii ) of this clause , from an employee or otherwi se recei ving actual notice of such convic t ion. The notice s hall i nc l ude the position title of t he employee ; (i) The dangers of dr ug a buse in the workplace ; (ii ) The Contractor ' ' s pol icy of maintaining a drug- free workplace ; (iii ) Any avai l able drug counseling , rehabilitation , and empl oyee assistance programs ; and (iv ) The penalties t hat may be i mposed upon employees for drug abuse viol ations occurring i n the workplace ; PAGE 48 OF 59 HHM402-08-C-0072
(3) Provide a l l empl oyees engaged in performance of t he contract with a copy of t he statement required by paragraph (b ) ( 1 ) of t his clause ; (4 ) Not i f y such employees in wri ting in t he statement requi red by paragraph (b) (1) of this clause t hat , as a condition of continued empl oyment on t his contract , t he employee will- - (i ) Abide by the terms of t he statement ; and (i i ) Notify t he e mployer i n writing of the employee ' ' s conviction under a cri minal drug statute for a violation occurring in the workplace no l ater than 5 days after such conviction ; ( 6 ) W ithin 30 days after receivi ng notice under subdivision (b ) (4) (i i ) of this clause of a conviction , t ake one of t he following actions with respect to any empl oyee who is convicted of a d r ug abuse violation occurring in the workp lace : (i) Taki ng appropriate personnel action against such empl oyee , up to and incl uding termination ; or (ii ) Require such employee to satisfactorily part ici pate i n a drug abuse assistance or rehabilitation program approved for such purposes by a Federal , State , or local health , law enforcement , or other appropriate agency; and (7 ) Make a good faith effort to maintain a drug-free workpl ace through impl ementat i on of paragraphs (bl (1 ) through (b) ( 6 ) of t his clause . (c ) The Cont ract or , if an indivi dual , agrees by a ward of the contract or acceptance of a purchase order, not to engage i n t he unlawful m anufacture , distribution , dispensing , possession , or use of a controlled substance while performi ng this contract . (d ) I n addition to other remedies available to t he Government , t he Contractor ' ' s fai l ure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant t o FAR 23 . 506 , render t he Contractor subject to suspension of contract payments , termination of the contract or default , and suspension or debarment . (End of Clause) I . 53 52 . 225 - 10 NOT ICE OF BUY AMERICAN ACT REQUIREM ENT--CONSTRUCTION M ATERIALS (MAY 2002 ) (a ) "Definitions . " "Construction material ," "domestic construction materi al," a nd " foreign construction mate r ial , " as used in thi s p rovision , are defined i n t he clause of this solicitation e ntit l ed "Buy American Act - Construction Materials " (Federal Acquisition Regulation (FAR) clause 52 . 22 5-9) . (3 ) If the Government de t ermines that a particular except ion requested in accordance with paragraph (c ) of t he c lau se at FAR 52 . 225-9 does not apply , the Government wil l evaluat e only those offers based on use of the equivalent domestic construct i on material , and the offerer shall be required to f urnish s uch domestic construction material . An offer based on use of the foreig n constr uction material fo r which a n exception was requested- - (b) "Requests for determinations of inapplicability ." An offerer requesting a determination regarding the i napplicability of the Buy Amer ican Act should s ubmit t he request to t he Contracting Officer i n time to al l ow a determination before s ubmission of offers . The offerer shal l include t he i nfor ma t ion a nd a pplicabl e supporting data required by paragraphs (c) and (d) of the clause at FAR 52 . 225-9 i n the request . I f an offerer has not requested a determinat i on regarding t he i napplicability of t he Buy American Act before s ubmitting its offer , or has not received a response t o a previ ous request, t he offer er shall i nc lude the i nfor ma t i on a nd s upporting data i n t he offer . (2 ) If an alternate offer is submitted, the offerer shall submit a separate Standard Form 1442 for the a l ternate offer , a nd a separate p rice comparison t a ble prepared i n accordance with paragraphs (c ) and (d ) of the clause at FAR 52 . 225- 9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception appli es . (c) "Evaluation of offers ." (1 ) The Government wil l eval uate an offer requesting e xception to the requirements of the Buy American Act , based on claimed unreasonable cost of domestic const ruction material , by adding t o the offered price the appropri ate percentage of t he cost of such fore ign construction material , as specifi ed i n paragraph (b ) (3 ) ( i ) of the clause at FAR 52 . 225-9 . (2 ) If evaluation results in a tie between an offerer t hat requested t he subst i tution of foreign construction material based on unreasonable cost and an offerer that did not request an exception , the Contract i ng Officer will award to the offe rer that did not request a n except i on based on unreasonabl e cost . (d) "Alternate offers . " (1 ) When an offer incl udes fore ign construction material not l isted by the Government in thi s sol icitation i n paragraph (b) ( 2) of t he c l ause at FAR 52.225- 9, t he offerer also may submit an alternate offer based on use of equivalent domest ic construct i on material . (i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding ; or (i i) May be accepted i f revised during negotiations . PAGE 49 OF 59 HHM402-08-C-0072
(End of Provision) I . 54 52 . 225- 11 BUY AMERICAN ACT--CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 2007) (a ) Definitions . As used in t his clause- - "Caribbean Basin count ry construction material" means a construction material that - (1 ) Is wholly t he growth , product , or manufacture of a Caribbean Basin country ; or (2) In the case of a construction materi a l tha t consists in whol e or i n part of materials from another country , has been substantially transformed i n a Caribbean Basin country i nto a new and differen t const r uction mater ial disti nc t from the materials from which it was t rans formed . "Component " means an article , material , or supply incorporated directly into a construct i on materi al . "Cost of components " m eans - - (2 ) For components manufactured by the Contractor, all costs associated with t he manufacture of the component , incl uding trans portation costs as described in paragraph (1) of th i s defin i tion, plus allocable overhead costs , but excludi ng profit . Cost of components does not include any costs associated with the manufacture of the construction material . "Construction material " means an article , material , or s upply brought to the construction site by the Contractor or subcontractor for i ncor poration into t he buildi ng or work . The term also incl udes an item brought to the site preassembled from articles , materials , or supplies . Ho wever , emergency life safety systems , such as emergency lighting , f ire alarm, and audio evacuation systems , t ha t are discrete systems incorporated i nto a public buildi ng or work and that are produced as complete systems , are evaluated as a single and distinct construction material regardless of when or how t he indivi dual parts or components of t hose systems are delivered to the construct i on s i te . Materials purchased directly by the Government are suppl ies , not construction material . (1) For components pur c hased by t he Contractor , t he acquis i t ion cost , i ncluding transportation costs to t he place of incorporation into the construction mate rial (whether or not such costs are pai d to a domestic firm) , and any appl i cable duty (whether or not a duty- free e ntry certi f i cat e is issued); or "Designated country const r uction material " means a construction material t hat is a WTO GPA country construction materi al , an FTA country construction material , a least developed country construction materi al , or a Caribbean Basin count ry construction material . "Designated country" means a ny of the fol l owing countries : (1 ) A W orld Trade Organization Government Procurement Agreement country (Aruba , Austria , Belgium, Bul garia , Canada , Cyprus , Czech Republic, De nmark , Estonia , Fi nland, France , Germany , Greece , Hong Kong, Hungary , Iceland, Ireland , Israel , Italy , Japan , Korea (Republic of ), Latvia , Liechtenstein , Lithuania , Luxembourg, Malta , Netherlands, Norway, Poland , Portuga l , Romania , Singa pore , Slovak Republic , Slovenia , Spain , Sweden , Switzerland, or United Kingdom) ; (2) A Free Trade Agreement country (Australia , Bahrain , Canada , Chile , Dominican Republic , El Sal vador , Guatemal a , Honduras , Mexi co, Morocco , Nicaragua , or Singapore ) ; (3 ) A l east developed country (Afghanistan , Angola , Bangladesh , Benin , Bhutan , Burkina Faso , Burundi , Cambodia , Cape Verde , Central African Republ i c , Chad, Comoros , Democrat i c Republic of Congo, Djibouti , East Timor , Equatorial Guinea , Eritrea , Ethiopia , Gambia , Guinea , Guinea- Bissau , Hai t i , Kiri bati , Laos , Lesot ho , Madagascar , Malawi , Mal dives , Mali , Maurit ania , M ozambique , Nepal , Niger, Rwanda , Samoa , Sao Tome and Principe , Senegal , Sierra Leone , Solomon Islands , Somalia , Tanzani a , Togo , Tuvalu , Uganda , Vanuatu , Yemen , or Zambia) ; o r (4 ) A Caribbean Basin country (Antigua and Barbuda , Aruba , Bahamas , Barbados , Belize , British Virgin Islands , Costa Rica , Domini ca, Grenada , Guyana , Hai ti , Jamaica , Montserrat , Net herlands Antilles , St . Kitts a nd Nevis , St . Luci a , St . Vincent and the Grenadines , or Trinidad and Tobago ) . "Domestic construction mater i al " means- - (1 ) An unmanufactured construct i on material mined or produced in the United States ; or (2 ) A construct i on material manufactured i n t he United States , if the cost of its components mined, produced, or manufacture d i n t he United States e xceeds 50 percent of the cost of all its components . Components of foreign origin of t he same class or kind for whi ch nonavailabilit y determinations have been made are t reated as domestic . "Foreign construction material " means a construction material other than a domestic construction material . "Free Trade Agreement country construction material " means a construction material that- - (1 ) Is wholly t he growt h , product , or manufacture of a Free Trade Agreement (FTA) country; or (2 ) In the case of a construction material that consists in whole or i n part of materials from a nother country , has been substantially transformed in a FTA country into a new and different construct i on mater ial dist i nct f rom the mater i als from wh i ch i t was trans formed . "Least developed country construction material " means a construction material t hat- - PAGE 50 OF 59 HHM402-08-C-0072
(2) In the case of a construction material that consists in whole o r in part of materials from a nother country , has been substantial l y transformed i n a WTO GPA country i nt o a new a nd di fferent construct i on material disti nct f rom the materials from which it was t ransformed . (1 ) Is whol ly t he growth , product , or manufacture of a l east developed country; or (2) In the case of a const r u ct i on material tha t consists in whole o r in part of mater i als from a nother country , has been substantially transformed in a l east developed country into a ne w and diff erent const ruction mater ial distinc t from the materials from which it was t rans forme d. "United States " m eans the 50 States , the District of Columbia , and outlyi ng areas . "WTO GPA count r y const r uction mater ial" me ans a const r uct i on material that- - (1 ) Is wholly t he growt h , product , or manufacture of a W TO GPA count ry; or (b) "Construction materials . " (1 ) This clause impl ements the Buy American Act (41 U. S . C. 10a-10d) by providing a preference for domestic construction material . In addition , the Contract i ng Offi cer has determine d that the WTO GPA and Free Trade Agreements (FTAs) appl y to this acquisition . There f ore , the Buy American Act restrictions are waived for designated country construction materials . (2 ) The Contractor shall use only domest i c or desi gnated country construct ion material in performing this contract , except as provided i n paragraphs (b ) ( 3 ) and (b ) (4 ) of this clause . (3) The requirement in paragraph (b) (2 ) of this clause does not apply to the con struction materials o r components listed by the Government as follows : (4 ) The Cont racting Offi cer may add other foreign construct i on material to the l ist in paragraph (b l ( 3 ) of this clause if t he Government determines that- - (i) The cost of domestic construction material would be unreasonabl e . The cost of a part i cular domestic construction material s ubj ect to the restrictions of the Buy American Act is unreasonable when t he cost of such material e xceeds the cost of fo r eign material by more than 6 percent ; (c ) "Request for determination of inapplicabi l ity of the Buy American Act . " (ii) The applicat i on of the restriction of the Buy American Act to a part i cul ar construct i on material would be impract i cabl e or i ncons i s t ent with the publi c i nterest ; or (iii ) The construction material is not mined, produced, or manufactured i n t he United States in s uffic i e nt and reasonably available commercial quantities of a satisfactory qual i ty . (1) (i) Any Contractor request to use foreign construction materi al in accordance with para graph (b ) ( 4 ) of this clause shall i nclude adequate information for Government evaluation of the request , i ncluding- - (A) A description of the foreign a nd domestic construct i on materials ; (B) Unit of measure ; (C) Quantity ; (D) Price ; (E) Time of delive ry or avai l abi lity ; (F ) Location of the construction project ; (G) Name and address of t he propose d s uppli er ; a nd (H) A detai l e d justification of the reason for use of foreign construction material s c ited in accordance with paragraph (b) (3) of this c lause . (ii ) A request based on unreasonable cost shal l include a reasonable survey of the market a nd a compl eted pri ce comparison table i n the format i n paragraph (d ) of this c lau se . (iii ) The price of constru ction material shall i nclude all delivery costs to the construction site a nd any applicab l e duty (whether or not a duty-free certificate may be i ssued). (3 ) Unless the Gover nment de t ermines tha t an e xcept i o n to t he Buy American Act a pplies , use of foreign constr uction material is noncompliant with the Buy American Act . (d) " Data . " To permit evaluation of requests under paragraph (c ) o f this clause based on unreasonabl e cost , the Contractor shal l i ncl ude t he following information and any applicable supporting data based on the survey of suppliers : Foreign a nd Domestic Construction M aterials Pri ce Comparison Construction Unit of Quantity Price M ate r i al Measure (Dol l ars) + Description Item 1 : Foreign construct i on mate r ial Domestic const ruction ma t erial PAGE 51 OF 59 HHM402-08-C-0072
(iv) Any Contractor request for a determination submitted after contract a ward shall e xp l ain why t he Contractor could not reasonably foresee t he need for such determination and could not have requested the determination before contract award . If t he Cont ractor does not submit a satisfactory explanation , the Contracting Officer need not make a determination . (2) If the Government determines after cont ract awa r d that a n except ion t o the Buy Ameri can Act applies and t he Contracting Officer and the Contractor negotiate adequate consideration , the Contracting Officer wi l l modify the contract to a l low use of the fore i gn construction mater i al . However , when the basis for t he except i on is the unreasonable price of a domestic construction materi al , adequate consi de rat i on i s not l ess than t he differentia l established i n paragraph (b) (4) (i ) of this clause . !_______________ I Item 2 : !_______________ I Foreign construction I material !______________ I_______________ I Domestic construction I material [List name , address , telephone nu mber , a nd contact for s uppliers surveyed . At tach copy of response ; i f oral , attach summary . ] [Include other appl i cabl e s upporting information . ] [+ Include all delivery costs to the construction site and any appl i cable duty (whether o r not a duty- free entry certificate is issued) . ] (End of Clause ) I . 55 52 . 229- 3 FEDERAL , STATE , AND LOCAL TAXES (APR 2003 ) (a ) As used in t hi s c l ause- - "After- i mposed Federal tax " means any new or i ncreased Federal excise tax or duty , o r 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 pa y or bear as the result of l egis l ative, judicial , or administrat i ve act i on 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 e xcise tax or duty, except social security or other employment taxes , that would otherwise have been payable on the transact i ons or property covered by this contract , but which the Cont ractor is not required t o pay or bear , or for which t he Contractor obtains a refund or drawback , as the result of leg i slative , judicial, or administrative action taking effect after the contract date . "All applicab l e Federal , State , and l ocal taxes a nd dut ies " means al l taxes and dut i es , i n effect on the contract date, that t he taxing authority is i mposing and collecting on the transactions or prope rty covered by thi s contract . "Contract date " means the date set for bid opening or , if this is a negotiated contract or a modifi cat i on, the e ffective date of t his cont ract or modi fication . (b) The contract price includes a l l applicable Federal , State , and local taxes and duties . (d) The cont ract pr ice s hall be decreased by the amount of any after-relieved Federal tax . "Local taxes " incl udes taxes imposed by a possession or terri tory of the United States , Puerto Rico, o r t he Northe r n Mariana Islands , if the contract is performed whol ly or part ly in any of t hose areas . (c ) The contract price s hall be increased by the amount of any after-imposed Federal tax, provided t he Contractor warrants i n wr iti ng that no amount for such newly i mposed Federal excise tax o r duty or rate i ncrease was included in the contract price , as a contingency reserve or otherwise . (End of Cl ause ) (e) The contract price shall be decreased by the amount of any Federal excise tax or duty , except social security or other empl oyment taxe s , that t he Contractor i s required t o pay or bear , or does not obtain a refund of , through the Contractor ' ' s fault , negligence , or failure to follow i nst ructions of t he Contracting Officer . (f ) No adjustment shal l be made in the contract price under this clause unless the amount of the adjustment exceeds $250 . (g) The Contractor s hal l promptly not i fy the Contract i ng Of f i cer of all matters relating t o any Federal excise tax or duty t hat reasonably may be e xpected to result in either a n increase or decrease i n the contract p r ice and shal l take a ppr opri ate act i on as the Cont racting Officer directs . PAGE 52 OF 59 HHM402-08-C-0072
(h) The Government s hall , without liabi l ity , furn i sh evidence appropriate t o establish e xemption from a ny Federal , State , or l oca l tax whe n the Contractor requests such evidence and a reasonable basis exists to s ustai n the exempt i on . I . 56 52 . 232 - 17 INTEREST (J UN 1996) (a ) Except as otherwise provided in t his contract under a Price Reduction for Defective Cost or Pri cing Data c lause or a Cost Account i ng Standards c l ause , al l amounts that become paya b l e by t he Contractor to the Government under this contract (net of any applicabl e tax credit under the I nternal Revenue Code (26 U. S . C . 1481)) sha l l bear simple interest from t he date due until pai d unless paid withi n 30 days of becoming due . The i nterest rate shal l be the interest rate established by t h e Secretary of the Treasury as p rovided i n Section 12 of t he Contract Di sputes Act of 1978 (Public La w 95- 563 ) , which is appli cabl e to the period i n wh i ch t he a m ount becomes due , as provided i n paragraph (b) of this clause , and then at the rate a ppl icable for each six-month period as fixed by t he Secret ary unt i l the amount is paid. (b) Amounts shal l be due at t he earliest of the f ollowing dates : (1 ) The date fi xe d under this contract . (2 ) The date of the first wri tten demand for payment consistent with t his contract , i ncludi ng any demand result i ng from a default termination . (3 ) The date the Gover nment t ransmits to the Contractor a proposed suppl ement a l agreement to confirm completed negotiations establishing the amount of debt . (4 ) If this contract provides for revision of prices , t he date of written notice to t he Contractor stat ing t he amount of refund payabl e in connection with a prici ng proposal or a negotiated pricing agreement not confirmed by contract modification . (c ) The interest charge made under this c l a use may be reduced under the procedures p rescribed i n 32 . 614 - 2 of the Federal Acquisition Regulation i n effect on the date of t his contract . (End of Cl ause ) I . 57 52 . 232 - 23 ASSIGNMENT OF CLAIMS (JAN 1 986) (a) The Contractor , under t he Ass i gnment of Clai ms Act , as amended, 31 U. S . C. 3727 , 41 U. S . C. 15 (hereafter referred to as "the Act " ), may assign its rights to be paid amounts due or to become due as a result of t he performance of thi s contract to a bank , trust compa ny, or other financ i ng i nstit ution , including any Federal lending agency . The assignee under such an assignment may thereafte r further assign o r reassign its r ight under t he or i ginal assignment to any type of financing institution described in the preceding sentence . (b) Any assignme nt or r eassignme nt authori zed under the Act and this clause shal l cover all unpaid amounts payable under this contract , and shall not be made to more than one party , except that a n assignment or reas signment may be made to one party as agent or t rustee for two or more parties participat i ng in t he f i nancing of this contract . (c ) The Contractor s hall not f urnish or disclose to any assignee under t his contract any classified document (includi ng t his contract ) or information related to work under this contract until the Contracting Officer authorizes such action i n writing . (End of Cl ause) I . 58 52 . 232-28 INVITATION TO PROPOSE PERFORMANCE- BASED PAYMENTS (MAR 2000 ) (a ) The Government i nvites t he offerer to propose terms under which the Government will make per formance- based cont ract financ i ng payments duri ng cont ract performance . The Government wi l l consider performance- based payment financi ng terms proposed by t he offerer in the eval uation of t he offerer ' ' s proposa l . The Contracting Officer wi ll i ncorporate the financing terms of the successfu l offerer a nd the FAR c l ause , Perform ance- Based Payments , at FAR 52 . 232- 32 , in any result i ng cont ract . (b) In t he event of a ny conflict between the terms proposed by t he offerer and t he terms in the clause at FAR 52 . 232 - 32 , Performance-Based Payments , the terms of t he clause at FAR 52 . 232 - 32 s hall govern . PAGE 53 OF 59 HHM402-08-C-0072
(c) The Contracting Officer wil l not accept the offeror ' ' s proposed performance- based payment financing if t he financing does not confirm to t he following l imitations : (1 ) The Government wil l make delivery payments only for s upplies delivered and a ccepted , o r services rendered and accepted i n accordance with the payment terms of t his contract . (2) The terms and condi tions of t he performance- based payments must- - (i) Comply with FAR 32 . 1004 ; ( i i) Be reasonable and consistent wi t h all other technical and cost i nfo r mat i on i nc luded in the offeror ' ' s proposal ; and (3) The t erms a nd condition s of t he performance-based financi ng must be in the best i nterests of t he Governme n t . (iii ) Their total shall not e xceed 90 percent of the contract pri ce i f on a whol e cont ract basis , or 90 percent of t he delivery ite m p rice i f o n a delivery item basis . (d ) The offeror ' ' s proposal of performance-based payment financi ng shall incl ude the following : (1 ) The p roposed contractua l language desc r ibi ng t he performance- based payments (see FAR 32 . 1 004 for appropriate criteria for establishing performance bases and performance-based finance payment a mounts ). (2 ) A listing of- - ( i ) The project performance-based payment dates and t he pro ject payment amounts ; and (e ) Evaluation of the offerer ' ' s proposed prices and financing terms will include whe t her the offeror ' ' s proposed performance-based payment event s and payment amounts are reasonable and consistent with al l other terms and condit i ons of t he offerer ' ' s proposal . (End of Provision ) (3) Information addressi ng the Cont ractor ' ' s investment in t he contract . (ii ) The projected delivery date and the projected payment a mount . I . 59 5 2 . 233- 1 DISPUTES (JUL 2 0 02 ) (a) This cont ract is s ubject to the Contract Disp ute s Act of 1 978 , as amended (4 1 U.S . C . 601- 61 3) . (b) Except as provided i n the Act , all disputes arising under or re l ating to this contract shall be resol ved under t h i s clause . (c ) "Claim," as u sed i n t his clau se , mean s a written dema nd or written assertion by one of the contracting parti es seeki ng , as a ma t ter of r i ght , the payment of money in a sum certain , t he adjust ment or i nterp retat i on of cont ract terms , or other relief arising under or relating to this contract . Ho wever , a written demand or wr itte n assert i on by the Contractor seek i ng the payment of mone y exceeding $100 , 000 i s not a c l aim u nde r t he Act unti l certifi e d . A voucher , i nvoi ce , 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 u nder the Act , by compl yi ng with the submission a nd certificat i on requirements of this clause , if it is disputed either as to liabil i ty or amount or is not acted upon i n a reasona ble t i me . ( d ) (1 ) A claim by the Contractor s hall be made i n writing and , u nless otherwise stated i n t his contract , submitted with in 6 y ears after accrual of the c lai m to the Contracting Offi cer for a writte n decision . A c l aim by t h e Govern me nt against the Cont ractor shal l be subject to a written decis i on by the Contracting Officer . ( 2 ) (i) The Contractor shall provi de the cert i fication specifi ed in paragraph (d) (2 ) (iii) of this clause when submitting a n y claim exceeding $100 , 000 . (ii) Th e cert i ficat ion requirement does no t apply t o i ssues in controversy that have not been submitted as a l l or part of a claim. (iii ) The certifi cation shal l state as follows : " I cert ify that t he c lai m is made in good faith ; that the supporting dat a are accurate and compl ete t o the best of my kno wledge and belief; that the a moun t requested accurat e ly reflect s the contract adjustment for which the Contract or believes the Government is liable ; a nd t hat I am duly a uthorized to certify the claim on behalf of the Contractor ." (3 ) The certification may be executed b y any person dul y authorized to bind t he Contractor with respect to the claim . (e ) Fo r Contractor claims of $100 , 000 or l ess , the Contract i ng Officer must , if requested in writi ng by the Contractor, re nder a decision wit h in 60 d ays of the request . For Contractor certifi e d claims over $ 10 0 , 000 , the Contracting Officer must , wi t h in 60 days , deci de the claim or notify the Contractor of t he date by which t he decision will be made . (f) The Contracting Officer' ' s decis i on shal l be f inal unl ess the Contractor a ppea ls o r fil es a s ui t as provided in t he Act . PAGE 54 OF 59 HHM402-08-C-0072
(g) If the c l aim by t he Contractor is submitted to the Contracting Officer or a cla im by t he Government is presented to the Cont ractor , t he parties , by mutual consent , may agree to use alternative dispute resolution (ADR) . I f the Contracto r refuses an offer for ADR, the Contractor s hall inform t he Contracti ng Officer, in writing, of the Contractor ' ' s specific reasons for re ject i ng the offer . (h) The Governme nt s hall pay i nterest on the amount found due a nd unpaid from (1 ) t he date that the Contracting Officer receives the claim (certified, if required) ; or (2 ) the date that payme nt otherwise would be due , i f t hat date is l ater , until the date of payment . With regard to c lai ms having defective certifications , as defined in FAR 33.2 01 , interest s hall be paid from the date that the Contracting Officer i nit i ally receives the c l aim. Simple i nterest on c lai ms shall be paid at t he rate, fi xed by t he Secretary of the Treasury a s provided i n the Act , which i s a pplicable to the period during which the Contracting Officer receives the claim a nd then at the rate appl i cable for each 6-month period as fixed by the Treasury Secretary during the pende ncy o f t he c lai m. (i) The Contractor s hall 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 a ny decision of t he Contracting Officer . (End of Cl ause ) I . 60 52 . 242 - 1 0 ( 52 . 242 - 1 0) [RESERVED] I . 61 52 . 246-17 WARRANTY OF SUPPLIES OF A N ONCOMPLEX NATURE (JUN 2003 ) (a ) "Defini t ions ." As used i n this clause- - "Acceptance " means the act of an authorized representative of the Government by which the Governme nt assumes for itself , or as an a gent of another, owne rship of existing supplies, or approves speci fic services as partial or compl ete performance of the contract . "Supplies " means the end items furnishe d by t he Contractor and related services required under t he contract . The word does not incl ude "dat a ." (b) "Contractor ' ' s obligations . " (1 ) Not withstanding inspect i on and acceptance by the Government of supplies furnished unde r this cont ract , or any condition of this contract concerning the conclusiveness thereof, t he Cont ractor warrant s that for (i ) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with a l l requirements of t h is contract ; and (ii ) The preservation , packagi ng, packing , and marking , and the preparation for , and method of , shi pment of such supplies wi ll conform with the requirements of t his contract . (2) Whe n return , corr ection, or repl acement is requi red , transportation charges a nd responsibility for the supplies while i n transit shall be borne by the Contractor . However , the Contractor ' ' s l iabi lity for the t ransportation charges shal l not e xceed a n amount e q ua l to t he cost of t ransportat i on by t he usua l commercial method of s hipment between the place of del ivery specified i n this contract and the Contractor ' ' s p l ant , and return . (3 ) Any supplies or parts thereof , corrected or furnis hed in replacement under this clause , shall a lso be subject to the terms of t hi s clause to the same exte nt as supplies initially delivere d . The warranty, with respect to supplies or parts t hereof , shall be equal i n duration to that in paragraph (b) (1) of this clause a nd s hall run from the date of delivery of the corrected or replaced s upplies . (4 ) Al l impl ied warranties of merchantability a nd "fit ness for a particular purpose " are excluded from any obligation contai ned in this contract . (c ) " Remedies availabl e to t he Government . " (1 ) The Contracting Offi cer s hal l gi ve written notice to the Contractor of any breach of warranties in paragraph (b ) (1 ) of this clause within (2) Within a reasonabl e t i me after the notice , the Contract i ng Officer may either- - (i) If t he contract provides for i nspection of supplies by sampling procedures , conformance of suppl ies or components subject to warranty act ion shall be determined by t he a pplicabl e sampling procedures in the contract . The Cont racting Officer- - (i) Require , by written notice , t he p rompt correction or rep lacement of any suppl ies or parts t hereof (including preserva t ion , packaging , packing , and ma rking) that do not conform with the requirements of this contract within the meaning of paragraph (b ) (1 ) of t his clause ; or (ii ) Retain s uch s upplie s and reduce the contract pr i ce by a n amount equitable under t he circumstances . ( 3 ) (A) May , for sampling purposes , group a ny s upplies delivered under this contract ; (B) Shall require t he size of t he sample to be that required by sampling procedures specified i n the contract for t he quantity of !j:, ;1:fcftH s6Fo59 WjQ~M902-'dg.{f.6\l½Y action is proposed;(A} Fails to make redelivery of the corrected o r replaced supplies within the t i me established for t heir return ; or (C} May project warranty sampling resu l ts over suppl ies i n the same shi pment or other supplies contained in other shipments even t hough all of such supplies are not present at the poi nt of reinspect i on; provided, tha t t he supplies remaini ng are reasonab l y representat i ve of the quantity o n which warranty action is proposed; a nd (D} Need not use the same l ot s i ze as on ori ginal i nspect i on o r reconstitute the original i nspection lots . (i i) Within a reasona ble time after notice of any breach of the warranties specified in paragraph (b} (1) of t his clause , the Contract i ng Officer may exercise one or more of the followi ng options : (A) Require an equitabl e adjustment i n the contract pri ce for any group of supplies . (B) Screen the supplies grouped for warranty action under this clause at the Contractor ' ' s expense a nd return al l nonconforming s uppl ie s to the Contractor for correction or replacement . (C) Require the Contractor to screen the s upplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies . (D} Return the suppl ies grouped for warranty action under this clause to the Contractor (irrespective of t he f . o . b . point or the poi nt of accept a nce) for screening and correction or replacement . ( 4 ) (i) The Contracting Officer may , by contract or otherwise , correct or replace the nonconformi ng supplies with similar supplies from another source a nd c harge to the Contractor t he cost occasioned to t he Government the reby i f the Contractor- - (B) Fai l s either to accept return of t he nonconforming suppl ies or fails to make progress after their return t o correct or rep lace t hem so as to enda nger perfor mance of the delivery schedul e , and in e i ther of these circumstances does not cure such fai l ure within a period of 10 days (or s uch l onger period as t he Contract ing Offi cer may authorize in writ i ng) after receipt of notice from t he Contracti ng Officer s pecifying s uch fail ure . (5 ) The rights and remedies of the Government provided i n this clause are i n addit i on to and do not limit any rights afforded to the Gover nment by any other clause of this contract . (End of Clause ) (ii ) I nstead of correct i on or replacement by the Government , t he Contracting Officer may require a n equitabl e adj ustment of the contract price . I n addition, if t he Contractor fai l s to furnish timel y dispos i t ion instruc t ions , the Contract i ng Off i cer may dispose of the nonconforming supplies for t he Contractor ' ' s account in a reasonable m anner . The Government is e ntitled to reimbursement from the Contractor , o r from the proceeds of such disposal , for the reasonable expenses of t he care and disposition of t he nonconforming supplies , as well as for excess costs incurred or to be i ncurred . I . 62 52 . 246- 18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAR 2001) (a ) "Definitions . " As used i n this clause- - "Acceptance " means the act of an authorized representative of the Government by which the Government assumes for itself , or as an agent of another, ownership of existing and identified s uppl i es , or approves specific services rendered, as partial o r compl ete performance of the contract . "Supplies " means the end it ems furnished b y the Contractor and related services r equired under t he contract . The word does not include "data ." (b) "Contractor ' ' s obl igations ." (1 ) The Cont ractor warrants that for a l l supplies fur nished under this contract will be free from defects in material a nd workmanship a nd will conform with all requirements of thi s contract ; p rovide d , however, that with respect to Gover nme nt - furnished property , the Contractor ' ' s warranty shall extend only to its proper installation , unless the Contractor performs some modification or othe r work on t he property , i n which case the Cont ractor ' ' s warranty shal l e xtend to t he modification or other work . (2) Any supplies or parts t hereof corrected or furnished i n rep lacement shall be subject to t he condit i ons of this clause to the same extent as s upplies i nit i al ly delivered . Thi s warranty shall be equal i n duration to t hat set fort h in paragraph (b ) (1 ) of this clause and shal l run from the date of del ivery of the corrected o r replaced suppl ies . (3 ) The Contractor shall not be obligated to correct or replace supplies if t he facilities , tooling , drawings , or other equipment or suppl ies necessary to accompl ish the correction or replacement have been m ade unavailable to the Contractor by action of the Government . In t he PAGE 56 OF 59 HHM402-08-C-0072
event that correct i on or replacement has been directed, the Contractor shall promptly notify the Cont racting Officer, in writing, of t he nonavailability . (4 ) The Contractor s hall a l so prepare and furnis h to the Government data and reports appl i cable to any correction required (including revision and updating of all affected data called for under thi s contract ) at no increase i n the contract price . (5 ) W hen supplies are returned to the Contractor , the Contractor shall bear t he transportation cost s f r om the place of del ivery specified in the contract (i rrespect i ve of the f . o . b . poi nt o r the poi nt of accepta nce) to the Contractor ' ' s plant and return . (6) All implied warrant i es of merchantabil ity a nd "fitness for a particular purpose " are excluded from a ny obligation contained in this contract . (c ) "Remedies available to the Government ." (1 ) In the event of a breach of the Contractor ' ' s warranty in paragraph (b ) (1) of this clause , the Gover nment may , at no i ncrease in contract price- - (ii ) Require the Contractor to furnish at the Cont ractor ' ' s p lant the materials or parts and installation instructions required to successfully accomplish the correction . (2) If the Contracting Officer does not require correction or replacement of defective or nonconforming suppl ies or the Contractor i s not obligated to correct or replace under paragraph (b ) (3) of this clause, the Government shall be entitled to an e quitable reduction in the contract price . (3 ) The Contracting Officer shal l notify the Contractor in writing of a ny breach of the warranty in paragraph (b) of thi s c l ause within The Contractor shal l submi t to the Contracting Officer a written recom mendation within as to the corrective action required to remedy t he breach . After the notice of breach, but not later than after rece i pt of the Cont ractor ' ' s recommendat i on for corrective action , the Contracting Officer may , i n writing , direct correction or replacement as i n paragraph (c ) (1 ) of thi s clause , a nd the Contractor shal l , notwi thstandi ng a ny disagreement regarding the existence of a breach of warranty , comply with this direction . If it is l ater determined that the Contractor did not breach the warranty in paragraph (b) (1 ) of thi s clause , the contract price wil l be e quitab ly ad justed . (4 ) If supplies are corrected or replaced, the period for notification of a breach of the Contractor ' ' s warranty in paragraph (c ) ( 3 ) of this clause shall be from t he furnishing or return by the Contractor to t he Government of the corrected or replaced s uppl i es or parts thereof, or , if correction or replacement is effected by the Contractor at a Government or other activity, for thereafter. (5) The rights and remedies of the Government provide d in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract . (i) Require t he Contractor , at the place of delivery specified in the contract (i rrespective of the f . o . b . point or the poi nt of acceptance) o r at the Contractor ' ' s plant , to repair or replace , a t t he Contractor ' ' selection , defective or nonconforming s upplies ; or (End of Cl ause) I . 63 52 . 246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS OR DESIGN CRITERIA (MAR 2001 ) (a) "Def i nitions ." As used in thi s c l a use- - "Acceptance " m eans the act of an authorized representative of t he Government by whic h t he Government assumes for itsel f , or as an agent of another , owner shi p of exist i ng and i dent i fied supplies , or approves specific services rendered, as partial or compl ete performance of the cont ract . "Defect " means a ny condition or characteri stic in any supplies or services furnished by the Contractor under t he contract that is not in compliance wi th the requi rements of the contract . "Suppl ies " means the end it ems furnished by the Contractor and related services required under t his contract . Except when this contract includes the clause entit l e d Warranty of Data , supplies also means "data . " (b) "Contractor ' ' s obligations ." (1 ) The Contractor ' ' s warranties under this clause shall apply only to those defe cts discovered by either the Government or the Contractor (2) If the Contractor becomes aware at any time before acceptance by t he Government (whether before or after tender to the Government ) that a defect exists in any supplies or services , the Contractor shall- - (i) Promptly correct the defect ; or (i i ) Promptly notify the Contracting Officer, in writing, of the defect , using t he same procedures prescribed i n paragraph (b) (3 ) of this clause . (8 ) The Contractor shall not be responsible under this clause for the correction of defects i n Government - furnished p r oper ty , except for defects i n i nstallation , unl ess the Contractor perfor ms , or is obligated to perform, any modifications or other work on such property . In that event , the PAGE 57 OF 59 HHM402-08-C-0072
Contractor shall be responsible for correction of defects that result from the modifications or other work . (3) If the Contract i ng Officer deter mines that a defect exi sts in a ny of the supplies or services accepted by the Government under this contract , t he Contracting Officer shall prompt ly notify the Contractor of the defect , i n writing, withi n Upon timely not i fication of the existence of a defect , or if the Contractor independently discovers a defect i n accepted supplies or services , the Contractor shall submit to the Cont racting Offi cer , i n writing , within a r ecommendat i on for corrective actions , together with supporting information in sufficient detail for the Contracting Officer to determine what corrective action , i f a ny , shal l be undertaken . (4 ) The Contractor shall promptly comply with a ny timely written direction from the Contracting Officer to correct or partially correct a defect , at no increase i n the contract price . (5) The Contractor shall also prepare and furnish to t he Contracting Officer dat a and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this contract ) at no increase i n the contract price . (6 ) In the event of timely notice of a decision not to correct or only to partially correct , t he Contractor shall submit a technical and cost proposal within to amend the contract to permit acceptance of the affected supplies or services in accordance with the revised requirement , and an equitable reduction in the contract price shall promptly be negotiated by the parties and be reflected i n a supplemental agreement to t his contract . (7) Any supplies or parts thereof corrected or furnished in replacement and a ny services reperformed shall also be subject to the condi tions of thi s c l ause to the same extent as supplies or services i nitially accepted . The warranty , with respect to these supplies , parts , or services , shall be equal i n duration t o tha t set forth in paragraph (b) (1 ) of t hi s c l ause , and shall run from t he date of delivery of the corrected or replaced supplies . (c) "Remedies avai l ab le to the Government ." (1 ) The rights and remedies of the Government provided in this clause- - (9) If the Government ret urns supplies to the Contractor for correction or replacement under this clause , the Contractor s hall be liable for transportation charges up to an amount equal to the cost of tra nsportation by the usual commercial method of shipment from the place of del ivery specified i n this contract (irrespective of the f . o . b . point or the point of acceptance) to the Contractor ' ' s plant and return to the place of delivery specified i n this contract . The Contractor shall also bear the responsibility for the supplies while in transit . (10 ) All implied warranties of merchantability and "fitness for a particular purpose " are excluded from any obligation under this contract . (i) Shall not be affected in any way by any terms or conditions of this contract concerning the conclusiveness of inspection and acceptance ; and (ii) Are i n addit ion to , and do not limit , any rights afforded to the Government by any other clause of this contract . (2) Within after rece i pt of the Contractor ' ' s recommendat i ons for correct i ve act i on and adequate supporting i nformation, t he Contracting Officer , using sole discretion , s hall give the Contractor written notice not t o correct a ny defect , or to correct or partially correct any defect withi n a reasonable time at (3) In no event shal l the Government be responsible for a ny extension or del ays in the scheduled deliveries or periods of performance under this contract as a result of the Contractor ' ' s obl igations t o correct defects , nor s hall there be a ny ad j ustment of the delivery schedule or peri od of performance as a result of the correction of defects unless provided by a suppl emental agreement with adequate cons i deration . (4 ) This clause shall not be construed as obligating t he Government to increase t he contract price . ( 5) (C) Prepare and furnish data and reports as required by paragraph (b) (5 ) of this clause . (i) The Contracting Officer s hall give t he Contractor a written notice specifying any failure or refusal of the Contractor to- - (A) Present a detailed recom mendation for corrective action as required by paragraph (b) (3) of this c lause ; (B) Correct defects as directed under paragraph (bl (4) of t his clause ; or (ii) The notice shall specify a period of time fo l lowing receipt of the notice by the Contractor in which the Contractor must remedy the failure or refusal specified in t he notice . (6) If the Contractor does not compl y wi th the Contract i ng Officer ' ' s written notice i n paragraph (c ) (5) (i ) of this clause , the Contracting Officer may by contract or otherwise- - (i) Obtain detailed recommendat ions for correc t ive a ction and either- - (A) Correct the supplies or services ; or (B) Replace t he supplies or services , and if the Contract or fa i ls to furnish t i mely disposition instructions , the Contracting Offi cer may dispose of the nonconforming supplies for the Contractor ' ' s account i n a r easonable manne r, i n which case the Government is ent i tled to reimbursement from the Cont ractor , or from the proceeds , for the reasonable expenses of care and disposition , as well as for excess costs incurred or to be incurred; PAGE 58 OF 59 HHM402-08-C-0072
(End of Cl ause ) (ii ) Obtain applicable data a nd reports ; and (i i i ) Char ge the Cont ractor fo r t he cost s i ncurred by t he Government . I . 64 52 . 24 7- 1 COMM ERCIAL BILL OF LADING NOTATIONS (FEB 2006) When the Contracting Officer authorizes supplies to be shipped on a commercial bill of lading and the Contract or wi ll be rei mbursed t hese t rans portat ion cost s as di rect allowab l e cost s , the Contractor shall ensure before shipment is made t hat the commercial shipping documents are annotated with e i t her of t he fo l lowi ng not ations , as appr opr i a t e : "Transportation is for t he and the actual total transportation charges paid to the carrier(s ) by the c o nsignor o r cons i gne e s hall be rei mbursed by t he Gover nment , pursuant t o cost - re i mbursement contract No . This may be confi rmed by contacting (End of Clause ) (b) If t he Government is not shown as the consignor or t he consignee , t he annotation shal l be : (a ) If the Government is shown as the consignor or the consignee , the annotation shall be : "Trans portation is for t he and t he actual total transportation charges paid to the carrier (s ) by the consignor or consignee are assignable to, and shall be reimbursed by, the Government . " PAGE 59 OF 59 HHM402-08-C-0072