**[TABLE OF CONTENTS]{.underline}**

**PART I -- THE SCHEDULE**

[**SECTION A -- SOLICITATION, OFFER AND AWARD**
1](#__RefHeading___Toc161106765)

[**SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS**
2](#__RefHeading___Toc161106766)

[**B.1 ORO B01 ITEMS BEING ACQUIRED (OCT 2004)**
2](#__RefHeading___Toc161106767)

[**B.2 ORO B13 PRICE SCHEDULE (TIME-AND-MATERIAL AND LABOR-HOUR) (MAY
1997) (REVISED)** 2](#__RefHeading___Toc161106768)

[**B.4 ORO B30 OBLIGATION OF FUNDS (TIME-AND-MATERIALS) ALTERNATE III
(JAN 2004) (REVISED)** 5](#__RefHeading___Toc161106769)

[**B.5 ORO B35 OPTION(S) TO EXTEND THE CONTRACT (TIME-AND-MATERIALS/
LABOR-HOUR) ALTERNATE III (MAY 1997) (REVISED)**
5](#__RefHeading___Toc161106770)

[**B.6 TYPE OF CONTRACT AND CEILING PRICE (FEB 2005) (REVISED)**
11](#__RefHeading___Toc161106771)

[**SECTION C - DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT**
12](#__RefHeading___Toc161106772)

[**SECTION D - PACKAGING AND MARKING** 27](#__RefHeading___Toc161106773)

[**D.1 ORO D01 PACKAGING (MAY 1997) (REVISED)**
27](#__RefHeading___Toc161106774)

[**D.2 ORO D05 MARKING (MAY 1997)** 27](#__RefHeading___Toc161106775)

[**SECTION E - INSPECTION AND ACCEPTANCE**
28](#__RefHeading___Toc161106776)

[**E.1 52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR (MAY
2001)** 28](#__RefHeading___Toc161106777)

[**E.2 ORO E03 INSPECTION (MAY 1997)** 30](#__RefHeading___Toc161106778)

[**E.3 ORO E05 ACCEPTANCE (MAY 1997** 30](#__RefHeading___Toc161106779)

[**SECTION F - DELIVERIES OR PERFORMANCE**
31](#__RefHeading___Toc161106780)

[**F.1 52.242-15 STOP-WORK ORDER (AUG 1989)**
31](#__RefHeading___Toc161106781)

[**F.2 ORO F03 TERM OF CONTRACT ALTERNATE II (MAY 1997) (REVISED**
32](#__RefHeading___Toc161106782)

[**F.3 ORO F05 PRINCIPAL PLACE OF PERFORMANCE (MAY 1997) (REVISED)**
32](#__RefHeading___Toc161106783)

[**F.4 PERFORMANCE EVALUATION (MAY 2006)**
32](#__RefHeading___Toc161106784)

[**F.5 CONTRACT TRANSITION ACTIVITIES (MAY 2006)**
32](#__RefHeading___Toc161106785)

[**SECTION G - CONTRACT ADMINISTRATION DATA**
33](#__RefHeading___Toc161106786)

[**G.1 ORO G01 CORRESPONDENCE PROCEDURES (OCT 2004)**
33](#__RefHeading___Toc161106787)

[**G.2 ORO G10 SUBMISSION OF VOUCHERS/INVOICES (OCT 2004) (REVISED)**
33](#__RefHeading___Toc161106788)

[**G.3 ORO G20 CONTRACTING OFFICER\'S REPRESENTATIVE (COR) (MAY 1997)**
34](#__RefHeading___Toc161106789)

[**G.4 ORO G30 CONTRACT TECHNICAL MONITOR (MAY 1997)**
34](#__RefHeading___Toc161106790)

[**G.5 ORO G25 CONTRACT ADMINISTRATION (MAY 1997)**
34](#__RefHeading___Toc161106791)

[**SECTION H - SPECIAL CONTRACT REQUIREMENTS**
35](#__RefHeading___Toc161106792)

[**H.1 ORO H01 CONSECUTIVE NUMBERING (MAY 1997)**
35](#__RefHeading___Toc161106793)

[**H.2 ORO H05 MODIFICATION AUTHORITY (MAY 1997)**
35](#__RefHeading___Toc161106794)

[**H.3 ORO H15 ORDERING PROCEDURE (MAY 1997) (REVISED)**
35](#__RefHeading___Toc161106795)

[**H.4 ORO H35 SAFETY AND HEALTH (JAN 2006)**
37](#__RefHeading___Toc161106796)

[**H.5 ORO H45 SECURITY QUALIFICATIONS ALTERNATE I (JAN 2006)
(REVISED)** 37](#__RefHeading___Toc161106797)

[**H.6 ORO H50 SAFEGUARDS AND SECURITY AWARENESS PROGRAM (MAY 1997)**
38](#__RefHeading___Toc161106798)

[**H.7 ORO H55 QUALITY ASSURANCE SYSTEM (JAN 2006)**
38](#__RefHeading___Toc161106799)

[**H.8 ORO H58 HUMAN RESOURCES CONSIDERATIONS ALTERNATE 1 (JAN 2005)**
**(REVISED)** 39](#__RefHeading___Toc161106800)

[**H.9 ORO H60 OBSERVANCE OF LEGAL HOLIDAYS (SEPT 1999)**
39](#__RefHeading___Toc161106801)

[**H.10 ORO H63 INSURANCE (FEB 2000)** 40](#__RefHeading___Toc161106802)

[**H.11 ORO H65 CONFIDENTIALITY OF INFORMATION (MAY 1997)**
40](#__RefHeading___Toc161106803)

[**H.12 GOVERNMENT PROPERTY (JUL 2006)**
41](#__RefHeading___Toc161106804)

[**H.13 ORO H117 SOFTWARE MADE AVAILABLE FOR CONTRACTOR\'S USE (SEPT
1999)** 42](#__RefHeading___Toc161106805)

[**H.14 RESERVED** 42](#__RefHeading___Toc161106806)

[**H.15 ORO H150 REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF
THE OFFEROR (MAY 1997)** 42](#__RefHeading___Toc161106807)

[**H.16 ORO H155 CONTRACTOR EMPLOYEE CHECKOUT (MAR 2004)**
42](#__RefHeading___Toc161106808)

[**H.17 ORO H160 DOE SPECIFIC DEFINITIONS (REFERENCE 952.202-1 DATED APR
2002)** 43](#__RefHeading___Toc161106809)

[**H.18 ORO H165 LOBBYING RESTRICTION (ENERGY AND WATER ACT 2006)**
43](#__RefHeading___Toc161106810)

[**H.19 ORO H167 NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE
EQUIPMENT AND PRODUCTS - SENSE OF CONGRESS (FEB 2004)**
43](#__RefHeading___Toc161106811)

[**H.20 ORO H175 HOURS OF OPERATION (APR 2005) (REVISED)**
43](#__RefHeading___Toc161106812)

[**H.21 ORO H176 EMPLOYEE TRAINING (APR 2005)**
44](#__RefHeading___Toc161106813)

[**H.22 ORO H177 CLEANLINESS OF THE WORK AREA (APR 2005)**
44](#__RefHeading___Toc161106814)

[**H.23 ORO H178 STANDARDS OF CONDUCT (APR 2005)**
44](#__RefHeading___Toc161106815)

[**H.24 ORO H179 OTHER CONTRACTS (APR 2005)**
44](#__RefHeading___Toc161106816)

[**H.25 ORO H190 COMPLIANCE WITH FIPS PUB 201 (OCT 2005)**
45](#__RefHeading___Toc161106817)

[**H.26 ORO H195 ACCESS TO DOE-OWNED OR LEASED FACTILITIES (OCT 2005)**
45](#__RefHeading___Toc161106818)

[**H.27 ORO H201 SECTION 8(A) DIRECT AWARD (APR 2005)**
46](#__RefHeading___Toc161106819)

[**H.28 LIMITATION OF FUNDS (TIME AND MATERIAL) (JAN 2006) (REVISED)**
47](#__RefHeading___Toc161106820)

[**H.29 COMPUTER SYSTEMS SECURITY (MAY 2006)**
48](#__RefHeading___Toc161106821)

[**H.30 PROTECTION OF GOVERNMENT PROPERTY -- MANAGEMENT OF HIGH-RISK
PROPERTY AND CLASSIFIED MATERIALS** 48](#__RefHeading___Toc161106822)

[**SECTION I - CONTRACT CLAUSES** 50](#__RefHeading___Toc161106823)

[**I.1 52.202-1 DEFINITIONS (JUL 2004)**
50](#__RefHeading___Toc161106824)

[**I.2 52.203-3 GRATUITIES (APR 1984)**
50](#__RefHeading___Toc161106825)

[**I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)**
51](#__RefHeading___Toc161106826)

[**I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
(JUL 1995)** 51](#__RefHeading___Toc161106827)

[**I.5 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)**
52](#__RefHeading___Toc161106828)

[**I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)**
53](#__RefHeading___Toc161106829)

[**I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER
ACTIVITY (JAN 1997)** 54](#__RefHeading___Toc161106830)

[**I.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (SEP 2005)** 55](#__RefHeading___Toc161106831)

[**I.9 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG
2000)** 61](#__RefHeading___Toc161106832)

[**I.10 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003)**
63](#__RefHeading___Toc161106833)

[**I.11 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
(JAN 2006)** 65](#__RefHeading___Toc161106834)

[**I.12 52.209-6 PROTECTING THE GOVERNMENT\'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT (JAN 2005)** 66](#__RefHeading___Toc161106835)

[**I.13 52.215-2 AUDIT AND RECORDS - NEGOTIATION (JUN 1999)**
66](#__RefHeading___Toc161106836)

[**I.14 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT
1997)** 68](#__RefHeading___Toc161106837)

[**I.15 52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA -
MODIFICATIONS (OCT 1997)** 68](#__RefHeading___Toc161106838)

[**I.16 52.215-13 SUBCONTRACTOR COST OR PRICING DATA - MODIFICATIONS
(OCT 1997)** 70](#__RefHeading___Toc161106839)

[**I.17 52.215-14 INTEGRITY OF UNIT PRICES (OCT 1997)**
71](#__RefHeading___Toc161106840)

[**I.18 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT
1997)** 71](#__RefHeading___Toc161106841)

[**I.19 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION
OTHER THAN COST OR PRICING DATA - MODIFICATIONS (OCT 1997)**
72](#__RefHeading___Toc161106842)

[**I.20 52.216-18 ORDERING (OCT 1995)**
73](#__RefHeading___Toc161106843)

[**I.21 52.216-19 ORDER LIMITATIONS (OCT 1995)**
73](#__RefHeading___Toc161106844)

[**I.22 52.216-22 INDEFINITE QUANTITY (OCT 1995)**
74](#__RefHeading___Toc161106845)

[**I.23 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)**
75](#__RefHeading___Toc161106846)

[**I.24 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)**
75](#__RefHeading___Toc161106847)

[**I.25 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)**
75](#__RefHeading___Toc161106848)

[**I.26 52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)**
77](#__RefHeading___Toc161106849)

[**I.27 52.222-3 CONVICT LABOR (JUN 2003)**
78](#__RefHeading___Toc161106850)

[**I.28 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)**
78](#__RefHeading___Toc161106851)

[**I.29 52.222-26 EQUAL OPPORTUNITY (APR 2002)**
79](#__RefHeading___Toc161106852)

[**I.30 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)**
81](#__RefHeading___Toc161106853)

[**I.31 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN
1998)** 85](#__RefHeading___Toc161106854)

[**I.32 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,
VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)**
87](#__RefHeading___Toc161106855)

[**I.34 52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (JUL 2005)**
88](#__RefHeading___Toc161106856)

[**I.35 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY
1989)** 96](#__RefHeading___Toc161106857)

[**I.36 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -
PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 1989)**
96](#__RefHeading___Toc161106858)

[**I.37 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG
2003)** 98](#__RefHeading___Toc161106859)

[**I.38 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)**
98](#__RefHeading___Toc161106860)

[**I.39 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)**
100](#__RefHeading___Toc161106861)

[**I.40 52.224-2 PRIVACY ACT (APR 1984)**
101](#__RefHeading___Toc161106862)

[**I.41 52.225-1 BUY AMERICAN ACT - SUPPLIES (JUN 2003)**
102](#__RefHeading___Toc161106863)

[**I.42 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006)**
103](#__RefHeading___Toc161106864)

[**I.43 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995)**
103](#__RefHeading___Toc161106865)

[**I.44 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (AUG 1996)** 104](#__RefHeading___Toc161106866)

[**I.45 52.227-3 PATENT INDEMNITY (APR 1984)**
104](#__RefHeading___Toc161106867)

[**I.46 52.227-14 RIGHTS IN DATA-GENERAL (JUN 1987) ALTERNATE I, II, III
AND V (JUN 1987)** 105](#__RefHeading___Toc161106868)

[**I.47 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987)**
112](#__RefHeading___Toc161106869)

[**I.48 52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR
CONTRACTS (AUG 2005)** 113](#__RefHeading___Toc161106870)

[**I.49 52.232-17 INTEREST (JUN 1996)**
117](#__RefHeading___Toc161106871)

[**I.50 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)**
117](#__RefHeading___Toc161106872)

[**I.51 52.232-25 PROMPT PAYMENT (OCT 2003)**
118](#__RefHeading___Toc161106873)

[**I.52 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL
CONTRACTOR REGISTRATION (OCT 2003)** 123](#__RefHeading___Toc161106874)

[**I.53 52.233-1 DISPUTES (JUL 2002)**
125](#__RefHeading___Toc161106875)

[**I.54 52.233-3 PROTEST AFTER AWARD (AUG 1996)**
127](#__RefHeading___Toc161106876)

[**I.55 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT
2004)** 128](#__RefHeading___Toc161106877)

[**I.56 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND
VEGETATION (APR 1984)** 128](#__RefHeading___Toc161106878)

[**I.57 52.237-3 CONTINUITY OF SERVICES (JAN 1991)**
128](#__RefHeading___Toc161106879)

[**I.58 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)**
129](#__RefHeading___Toc161106880)

[**I.59 52.242-3 PENALTIES FOR UNALLOWABLE COSTS (MAY 2001)**
129](#__RefHeading___Toc161106881)

[**I.60 52.242-13 BANKRUPTCY (JUL 1995)**
130](#__RefHeading___Toc161106882)

[**I.61 52.243-3 CHANGES - TIME-AND-MATERIALS OR LABOR-HOURS.(SEP
2000)** 131](#__RefHeading___Toc161106883)

[**I.62 52.244-2 SUBCONTRACTS (AUG 1998)**
132](#__RefHeading___Toc161106884)

[**I.63 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (FEB 2006)**
134](#__RefHeading___Toc161106885)

[**I.64 52.245-5 GOVERNMENT PROPERTY (COST-REIMBURSEMENT,
TIME-AND-MATERIAL, OR LABOR-HOUR CONTRACTS) (MAY 2004) (AS MODIFIED BY
DEAR 952.245-5)** 135](#__RefHeading___Toc161106886)

[**I.65 52.245-19 GOVERNMENT PROPERTY FURNISHED \"AS IS\" (APR 1984)**
145](#__RefHeading___Toc161106887)

[**I.66 52.246-25 LIMITATION OF LIABILITY - SERVICES (FEB 1997)**
145](#__RefHeading___Toc161106888)

[**I.67 52.248-1 VALUE ENGINEERING (FEB 2000)**
146](#__RefHeading___Toc161106889)

[**I.68 52.249-6 TERMINATION (COST-REIMBURSEMENT) (MAY 2004) - ALTERNATE
IV (SEP 1996)** 154](#__RefHeading___Toc161106890)

[**I.69 52.249-14 EXCUSABLE DELAYS (APR 1984)**
159](#__RefHeading___Toc161106891)

[**I.70 52.251-1 GOVERNMENT SUPPLY SOURCES (APR 1984)**
159](#__RefHeading___Toc161106892)

[**I.71 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)**
160](#__RefHeading___Toc161106893)

[**I.72 952.203-70 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES
(DEC 2000)** 160](#__RefHeading___Toc161106894)

[**I.73 952.204-2 SECURITY (MAY 2002)**
160](#__RefHeading___Toc161106895)

[**I.74 952.204-70 CLASSIFICATION/DECLASSIFICATION (SEP 1997)**
162](#__RefHeading___Toc161106896)

[**I.75 952.215-70 KEY PERSONNEL (DEC 2000)**
163](#__RefHeading___Toc161106897)

[**I.76 952.223-75 PRESERVATION OF INDIVIDUAL OCCUPATIONAL RADIATION
EXPOSURE RECORDS (APR 1984)** 164](#__RefHeading___Toc161106898)

[**I.77 952.224-70 PAPERWORK REDUCTION ACT (APR 1984)**
164](#__RefHeading___Toc161106899)

[**I.78 952.226-74 DISPLACED EMPLOYEE HIRING PREFERENCE (JUN 1997)**
165](#__RefHeading___Toc161106900)

[**I.79 952.227-11 PATENT RIGHTS-RETENTION BY THE CONTRACTOR (SHORT
FORM) (FEB 1995)** 165](#__RefHeading___Toc161106901)

[**I.80 952.242-70 TECHNICAL DIRECTION (DEC 2000)**
172](#__RefHeading___Toc161106902)

[**I.81 952.251-70 CONTRACTOR EMPLOYEE TRAVEL DISCOUNTS (DEC 2000)**
173](#__RefHeading___Toc161106903)

[**I.82 970.5223-4 WORKPLACE SUBSTANCE ABUSE PROGRAMS AT DOE SITES (DEC
2000)** 174](#__RefHeading___Toc161106904)

[**SECTION J - LIST OF ATTACHMENTS** 176](#__RefHeading___Toc161106905)

[**J.1 ORO J01 LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS (MAY
1997)** 176](#__RefHeading___Toc161106906)

[**J.2 ORO J10 REPORT DISTRIBUTION ADDRESSEE LIST (MAY 1997)**
176](#__RefHeading___Toc161106907)

[]{#__RefHeading___Toc161106765 .anchor}**SECTION A -- SOLICITATION,
OFFER AND AWARD**

  ------------------------ ---------------------- ------------- --------- -- ---------
  **SOLICITATION, OFFER    **1. THIS CONTRACT IS  **RATING**    **PAGE OF    
  AND AWARD**              A RATED ORDER UNDER                  PAGES**      
                           DPAS (15 CFR 700)**                               

                                                                **1**        **220 +
                                                                             Atch**
  ------------------------ ---------------------- ------------- --------- -- ---------

+-------------+-------------+-------------+---------+----------------+
| **2.        | **3.        | **4. TYPE   | **5.    | **6.           |
| CONTRACT    | S           | OF          | DATE    | REQUIS         |
| NUMBER**    | OLICITATION | SOL         | I       | ITION/PURCHASE |
|             | NUMBER**    | ICITATION** | SSUED** | NO.**          |
| **DE-AC05-  |             |             |         |                |
| 07OR23244** | **DE-RP05-  | **\[ \]     | **07/25 | **05-0         |
|             | 06OR23244** | SEALED BID  | /2006** | 6OR23244.000** |
|             |             | (IFB)**     |         |                |
|             |             |             |         |                |
|             |             | **\[X \]    |         |                |
|             |             | NEGOTIATED  |         |                |
|             |             | (RFP)**     |         |                |
+-------------+-------------+-------------+---------+----------------+

+-----------------------------------+----------------------------------+
| **7. ISSUED BY CODE ³**           | **8. ADDRESS OFFER TO (If other  |
|                                   | than Item 7)**                   |
| **U.S. DEPARTMENT OF ENERGY**     |                                  |
|                                   |                                  |
| **OAK RIDGE OFFICE , PROCUREMENT  |                                  |
| AND CONTRACTS DIVISION**          |                                  |
|                                   |                                  |
| **ATTN: DARLENE AHLERS, AD-424,   |                                  |
| P. O. BOX 2001**                  |                                  |
|                                   |                                  |
| **OAK RIDGE, TN 37831**           |                                  |
+-----------------------------------+----------------------------------+
| **NOTE: In sealed bid             |                                  |
| solicitations \"offer\" and       |                                  |
| \"offeror\" mean \"bid\" and      |                                  |
| \"bidder\".**                     |                                  |
+-----------------------------------+----------------------------------+
| **SOLICITATION**                  |                                  |
+-----------------------------------+----------------------------------+
| **9. Sealed offers in original    |                                  |
| and [See Section L]{.underline}   |                                  |
| copies for furnishing the         |                                  |
| supplies or services in the       |                                  |
| Schedule will be received at the  |                                  |
| place specified in Item 8, or if  |                                  |
| handcarried, in the depository    |                                  |
| located in [See Section           |                                  |
| L]{.underline} until [See Section |                                  |
| L]{.underline} local time [See    |                                  |
| Section L .]{.underline}**        |                                  |
|                                   |                                  |
| **CAUTION - LATE Submissions,     |                                  |
| Modifications, and Withdrawals:   |                                  |
| See Section L, Provision No.      |                                  |
| 52.214-7 or 52.215-1. All offers  |                                  |
| are subject to all terms and      |                                  |
| conditions contained in this      |                                  |
| solicitation.**                   |                                  |
+-----------------------------------+----------------------------------+

+------+-------------+----------------------+-------------------------+
| *    | **A. NAME** | **B. TELEPHONE NO.   | **C. E-MAIL ADDRESS**   |
| *10. |             | (NO COLLECT CALLS)** |                         |
| FOR  | **Darlene   |                      |                         |
| INF  | Ahlers**    | **(865) 576-9822**   |                         |
| ORMA |             |                      |                         |
| TION |             |                      |                         |
| CAL  |             |                      |                         |
| L:** |             |                      |                         |
+------+-------------+----------------------+-------------------------+

+---+---+------------------------+---+---+---+------------------------+---+
| * |   |                        |   |   |   |                        |   |
| * |   |                        |   |   |   |                        |   |
| 1 |   |                        |   |   |   |                        |   |
| 1 |   |                        |   |   |   |                        |   |
| . |   |                        |   |   |   |                        |   |
| T |   |                        |   |   |   |                        |   |
| A |   |                        |   |   |   |                        |   |
| B |   |                        |   |   |   |                        |   |
| L |   |                        |   |   |   |                        |   |
| E |   |                        |   |   |   |                        |   |
| O |   |                        |   |   |   |                        |   |
| F |   |                        |   |   |   |                        |   |
| C |   |                        |   |   |   |                        |   |
| O |   |                        |   |   |   |                        |   |
| N |   |                        |   |   |   |                        |   |
| T |   |                        |   |   |   |                        |   |
| E |   |                        |   |   |   |                        |   |
| N |   |                        |   |   |   |                        |   |
| T |   |                        |   |   |   |                        |   |
| S |   |                        |   |   |   |                        |   |
| * |   |                        |   |   |   |                        |   |
| * |   |                        |   |   |   |                        |   |
+---+---+------------------------+---+---+---+------------------------+---+
| * | * | **DESCRIPTION**        | * | * | * | **DESCRIPTION**        | * |
| * | * |                        | * | * | * |                        | * |
| ( | S |                        | P | ( | S |                        | P |
| X | E |                        | A | X | E |                        | A |
| ) | C |                        | G | ) | C |                        | G |
| * | . |                        | E | * | . |                        | E |
| * | * |                        | ( | * | * |                        | ( |
|   | * |                        | S |   | * |                        | S |
|   |   |                        | ) |   |   |                        | ) |
|   |   |                        | * |   |   |                        | * |
|   |   |                        | * |   |   |                        | * |
+---+---+------------------------+---+---+---+------------------------+---+
| * |   |                        |   | * |   |                        |   |
| * |   |                        |   | * |   |                        |   |
| P |   |                        |   | P |   |                        |   |
| A |   |                        |   | A |   |                        |   |
| R |   |                        |   | R |   |                        |   |
| T |   |                        |   | T |   |                        |   |
| I |   |                        |   | I |   |                        |   |
|   |   |                        |   | I |   |                        |   |
| - |   |                        |   |   |   |                        |   |
| T |   |                        |   | - |   |                        |   |
| H |   |                        |   | C |   |                        |   |
| E |   |                        |   | O |   |                        |   |
| S |   |                        |   | N |   |                        |   |
| C |   |                        |   | T |   |                        |   |
| H |   |                        |   | R |   |                        |   |
| E |   |                        |   | A |   |                        |   |
| D |   |                        |   | C |   |                        |   |
| U |   |                        |   | T |   |                        |   |
| L |   |                        |   | C |   |                        |   |
| E |   |                        |   | L |   |                        |   |
| * |   |                        |   | A |   |                        |   |
| * |   |                        |   | U |   |                        |   |
|   |   |                        |   | S |   |                        |   |
|   |   |                        |   | E |   |                        |   |
|   |   |                        |   | S |   |                        |   |
|   |   |                        |   | * |   |                        |   |
|   |   |                        |   | * |   |                        |   |
+---+---+------------------------+---+---+---+------------------------+---+
| * | * | *                      | [ | [ | * | **CONTRACT CLAUSES**   | [ |
| * | * | *SOLICITATION/CONTRACT | ] | ] | * |                        | ] |
| X | A | FORM**                 | { | { | I |                        | { |
| * | * |                        | . | . | * |                        | . |
| * | * |                        | m | m | * |                        | m |
|   |   |                        | a | a |   |                        | a |
|   |   |                        | r | r |   |                        | r |
|   |   |                        | k | k |   |                        | k |
|   |   |                        | } | } |   |                        | } |
|   |   |                        |   |   |   |                        |   |
|   |   |                        | * | * |   |                        | * |
|   |   |                        | * | * |   |                        | * |
|   |   |                        | 1 | X |   |                        | 5 |
|   |   |                        | * | * |   |                        | 0 |
|   |   |                        | * | * |   |                        | - |
|   |   |                        |   |   |   |                        | 1 |
|   |   |                        |   |   |   |                        | 7 |
|   |   |                        |   |   |   |                        | 7 |
|   |   |                        |   |   |   |                        | * |
|   |   |                        |   |   |   |                        | * |
+---+---+------------------------+---+---+---+------------------------+---+
| [ | * | **SUPPLIES OR SERVICES | * | * |   |                        |   |
| ] | * | AND PRICES/COST**      | * | * |   |                        |   |
| { | B |                        | 2 | P |   |                        |   |
| . | * |                        | - | A |   |                        |   |
| m | * |                        | 1 | R |   |                        |   |
| a |   |                        | 1 | T |   |                        |   |
| r |   |                        | * | I |   |                        |   |
| k |   |                        | * | I |   |                        |   |
| } |   |                        |   | I |   |                        |   |
|   |   |                        |   |   |   |                        |   |
| * |   |                        |   | - |   |                        |   |
| * |   |                        |   | L |   |                        |   |
| X |   |                        |   | I |   |                        |   |
| * |   |                        |   | S |   |                        |   |
| * |   |                        |   | T |   |                        |   |
|   |   |                        |   | O |   |                        |   |
|   |   |                        |   | F |   |                        |   |
|   |   |                        |   | D |   |                        |   |
|   |   |                        |   | O |   |                        |   |
|   |   |                        |   | C |   |                        |   |
|   |   |                        |   | U |   |                        |   |
|   |   |                        |   | M |   |                        |   |
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|   |   |                        |   | N |   |                        |   |
|   |   |                        |   | T |   |                        |   |
|   |   |                        |   | S |   |                        |   |
|   |   |                        |   | , |   |                        |   |
|   |   |                        |   | E |   |                        |   |
|   |   |                        |   | X |   |                        |   |
|   |   |                        |   | H |   |                        |   |
|   |   |                        |   | I |   |                        |   |
|   |   |                        |   | B |   |                        |   |
|   |   |                        |   | I |   |                        |   |
|   |   |                        |   | T |   |                        |   |
|   |   |                        |   | S |   |                        |   |
|   |   |                        |   | A |   |                        |   |
|   |   |                        |   | N |   |                        |   |
|   |   |                        |   | D |   |                        |   |
|   |   |                        |   | O |   |                        |   |
|   |   |                        |   | T |   |                        |   |
|   |   |                        |   | H |   |                        |   |
|   |   |                        |   | E |   |                        |   |
|   |   |                        |   | R |   |                        |   |
|   |   |                        |   | A |   |                        |   |
|   |   |                        |   | T |   |                        |   |
|   |   |                        |   | T |   |                        |   |
|   |   |                        |   | A |   |                        |   |
|   |   |                        |   | C |   |                        |   |
|   |   |                        |   | H |   |                        |   |
|   |   |                        |   | . |   |                        |   |
|   |   |                        |   | * |   |                        |   |
|   |   |                        |   | * |   |                        |   |
+---+---+------------------------+---+---+---+------------------------+---+
| * | * | **D                    | * | * | * | **LIST OF              | * |
| * | * | ESCRIPTION/SPECS./WORK | * | * | * | ATTACHMENTS**          | * |
| X | C | STATEMENT**            | 1 | X | J |                        | 1 |
| * | * |                        | 2 | * | * |                        | 7 |
| * | * |                        | - | * | * |                        | 8 |
|   |   |                        | 2 |   |   |                        | - |
|   |   |                        | 5 |   |   |                        | 1 |
|   |   |                        | * |   |   |                        | 7 |
|   |   |                        | * |   |   |                        | 9 |
|   |   |                        |   |   |   |                        | * |
|   |   |                        |   |   |   |                        | * |
+---+---+------------------------+---+---+---+------------------------+---+
| * | * | **PACKAGING AND        | * | * |   |                        |   |
| * | * | MARKING**              | * | * |   |                        |   |
| X | D |                        | 2 | P |   |                        |   |
| * | * |                        | 6 | A |   |                        |   |
| * | * |                        | * | R |   |                        |   |
|   |   |                        | * | T |   |                        |   |
|   |   |                        |   | I |   |                        |   |
|   |   |                        |   | V |   |                        |   |
|   |   |                        |   |   |   |                        |   |
|   |   |                        |   | - |   |                        |   |
|   |   |                        |   | R |   |                        |   |
|   |   |                        |   | E |   |                        |   |
|   |   |                        |   | P |   |                        |   |
|   |   |                        |   | R |   |                        |   |
|   |   |                        |   | E |   |                        |   |
|   |   |                        |   | S |   |                        |   |
|   |   |                        |   | E |   |                        |   |
|   |   |                        |   | N |   |                        |   |
|   |   |                        |   | T |   |                        |   |
|   |   |                        |   | A |   |                        |   |
|   |   |                        |   | T |   |                        |   |
|   |   |                        |   | I |   |                        |   |
|   |   |                        |   | O |   |                        |   |
|   |   |                        |   | N |   |                        |   |
|   |   |                        |   | S |   |                        |   |
|   |   |                        |   | A |   |                        |   |
|   |   |                        |   | N |   |                        |   |
|   |   |                        |   | D |   |                        |   |
|   |   |                        |   | I |   |                        |   |
|   |   |                        |   | N |   |                        |   |
|   |   |                        |   | S |   |                        |   |
|   |   |                        |   | T |   |                        |   |
|   |   |                        |   | R |   |                        |   |
|   |   |                        |   | U |   |                        |   |
|   |   |                        |   | C |   |                        |   |
|   |   |                        |   | T |   |                        |   |
|   |   |                        |   | I |   |                        |   |
|   |   |                        |   | O |   |                        |   |
|   |   |                        |   | N |   |                        |   |
|   |   |                        |   | S |   |                        |   |
|   |   |                        |   | * |   |                        |   |
|   |   |                        |   | * |   |                        |   |
+---+---+------------------------+---+---+---+------------------------+---+
| * | * | **INSPECTION AND       | * | * | * | **REPRESENTATIONS,     | * |
| * | * | ACCEPTANCE**           | * | * | * | CERTIFICATIONS AND     | * |
| X | E |                        | 2 | X | K | OTHER STATEMENTS OF    | 1 |
| * | * |                        | 7 | * | * | OFFERORS**             | 8 |
| * | * |                        | - | * | * |                        | 0 |
|   |   |                        | 2 |   |   |                        | - |
|   |   |                        | 9 |   |   |                        | 1 |
|   |   |                        | * |   |   |                        | 8 |
|   |   |                        | * |   |   |                        | 7 |
|   |   |                        |   |   |   |                        | * |
|   |   |                        |   |   |   |                        | * |
+---+---+------------------------+---+---+---+------------------------+---+
| * | * | **DELIVERIES OR        | * |   |   |                        |   |
| * | * | PERFORMANCE**          | * |   |   |                        |   |
| X | F |                        | 3 |   |   |                        |   |
| * | * |                        | 0 |   |   |                        |   |
| * | * |                        | - |   |   |                        |   |
|   |   |                        | 3 |   |   |                        |   |
|   |   |                        | 1 |   |   |                        |   |
|   |   |                        | * |   |   |                        |   |
|   |   |                        | * |   |   |                        |   |
+---+---+------------------------+---+---+---+------------------------+---+
| * | * | **CONTRACT             | * | * | * | **INSTRS., CONDS., AND | * |
| * | * | ADMINISTRATION**       | * | * | * | NOTICES TO OFFERORS**  | * |
| X | G |                        | 3 | X | L |                        | 1 |
| * | * |                        | 2 | * | * |                        | 8 |
| * | * |                        | - | * | * |                        | 8 |
|   |   |                        | 3 |   |   |                        | - |
|   |   |                        | 3 |   |   |                        | 2 |
|   |   |                        | * |   |   |                        | 1 |
|   |   |                        | * |   |   |                        | 6 |
|   |   |                        |   |   |   |                        | * |
|   |   |                        |   |   |   |                        | * |
+---+---+------------------------+---+---+---+------------------------+---+
| * | * | **SPECIAL CONTRACT     | * | * | * | **EVALUATION FACTORS   | * |
| * | * | REQUIREMENTS**         | * | * | * | FOR AWARD**            | * |
| X | H |                        | 3 | X | M |                        | 2 |
| * | * |                        | 4 | * | * |                        | 1 |
| * | * |                        | - | * | * |                        | 7 |
|   |   |                        | 4 |   |   |                        | - |
|   |   |                        | 9 |   |   |                        | 2 |
|   |   |                        | * |   |   |                        | 2 |
|   |   |                        | * |   |   |                        | 0 |
|   |   |                        |   |   |   |                        | * |
|   |   |                        |   |   |   |                        | * |
+---+---+------------------------+---+---+---+------------------------+---+

  -----------------------------------------------------------------------
  **OFFER (*Must be fully completed by offeror*)**

  **NOTE: Item 12 does not apply if the solicitation includes the
  provisions at 52.214-16, Minimum Bid Acceptance Period.**

  **12. In compliance with the above, the undersigned agrees, if this
  offer is accepted within [\_\_\_\_\_\_]{.underline} calendar days (60
  calendar days unless a different period is inserted by the offeror)
  from the date for receipt of offers specified above, to furnish any or
  all items which prices are offered at the price set opposite each item,
  delivered at the designated point(s), within the time specified in the
  schedule.**
  -----------------------------------------------------------------------

  -------------------- ------------ ------------ ------------ ------------
  **13. DISCOUNT FOR   **10         **20         **30         **CALENDAR
  PROMPT PAYMENT**     CALENDAR     CALENDAR     CALENDAR     DAYS (%)**
                       DAYS (%)**   DAYS (%)**   DAYS (%)**   

                                                              
  -------------------- ------------ ------------ ------------ ------------

+-----------------------+------------+--------+------------+--------+
| **14. ACKNOWLEDGMENT  | *          | **     | *          | **     |
| OF AMENDMENTS**       | *AMENDMENT | DATE** | *AMENDMENT | DATE** |
|                       | NO.**      |        | NO.**      |        |
| > **(The offeror      |            |        |            |        |
| > acknowledges        |            |        |            |        |
| > receipt of          |            |        |            |        |
| > amendments to the   |            |        |            |        |
| > SOLICITATION for    |            |        |            |        |
| > offerors and        |            |        |            |        |
| > related documents   |            |        |            |        |
| > numbered and        |            |        |            |        |
| > dated:**            |            |        |            |        |
+-----------------------+------------+--------+------------+--------+
|                       |            |        |            |        |
+-----------------------+------------+--------+------------+--------+
|                       |            |        |            |        |
+-----------------------+------------+--------+------------+--------+

+-------+--------------------------------+-----------------------------+
| *     | **CODE³ ³ FACILITY ³ ³**       | **16. NAME AND TITLE OF     |
| *15A. |                                | PERSON AUTHORIZED TO SIGN   |
| N     |                                | OFFER *(Type or print)***   |
| AME** |                                |                             |
|       |                                |                             |
| > **  |                                |                             |
| AND** |                                |                             |
| >     |                                |                             |
| > *   |                                |                             |
| *ADDR |                                |                             |
| ESS** |                                |                             |
| >     |                                |                             |
| > *   |                                |                             |
| *OF** |                                |                             |
| >     |                                |                             |
| > *   |                                |                             |
| *OFFE |                                |                             |
| ROR** |                                |                             |
+-------+--------------------------------+-----------------------------+

+------------------+---------------------+-------------------+--------+
| **15.B.          | **15C. CHECK IF     | **17. SIGNATURE** | **18.  |
| TELEPHONE NO.    | REMITTANCE ADDRESS  |                   | OFFER  |
| (Include area**  | IS DIFFERENT FROM   |                   | DATE** |
|                  | ABOVE - ENTER SUCH  |                   |        |
| **code)**        | ADDRESS IN          |                   |        |
|                  | SCHEDULE.**         |                   |        |
+------------------+---------------------+-------------------+--------+

  -----------------------------------------------------------------------
  **AWARD (*To be completed by Government*)**

  -----------------------------------------------------------------------

+----------------------+-----------+------------------------+--------+
| **19. ACCEPTED AS TO | **20.     | **21. ACCOUNTING AND   |        |
| ITEMS NUMBERED**     | AMOUNT**  | APPROPRIATION**        |        |
+----------------------+-----------+------------------------+--------+
| **22. AUTHORITY FOR  |           |                        |        |
| USING OTHER THAN     |           |                        |        |
| FULL AND OPEN        |           |                        |        |
| COMPETITION:**       |           |                        |        |
|                      |           |                        |        |
| **10 U.S.C. 2304(c)  |           |                        |        |
| ( ) 41 U.S.C. 253    |           |                        |        |
| (c)( )**             |           |                        |        |
+----------------------+-----------+------------------------+--------+
|                      |           | **23. SUBMIT INVOICES  | **     |
|                      |           | TO ADDRESS SHOWN IN**  | ITEM** |
|                      |           |                        |        |
|                      |           | **ORO G10**            |        |
+----------------------+-----------+------------------------+--------+

+-----------------------------------+-------------------------+--------+
| **24. ADMINISTERED BY (If other   | **25. PAYMENT WILL BE   |        |
| than Item 7) CODE ³**             | MADE BY CODE³**         |        |
+-----------------------------------+-------------------------+--------+
| **26. NAME OF CONTRACTING OFFICER | **27. UNITED STATES OF  | **28.  |
| (Type or print)**                 | AMERICA**               | AWARD  |
|                                   |                         | DATE** |
| **Jeffrey R. Burgan**             | **(Signature of         |        |
|                                   | Contracting Officer)**  |        |
+-----------------------------------+-------------------------+--------+
| **IMPORTANT - Award will be made  |                         |        |
| on this Form, or on Standard Form |                         |        |
| 26, or by other authorized        |                         |        |
| official written notice.**        |                         |        |
+-----------------------------------+-------------------------+--------+

**AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)**

[]{#__RefHeading___Toc161106766 .anchor}**SECTION B - SUPPLIES OR
SERVICES AND PRICES/COSTS**

[]{#__RefHeading___Toc161106767 .anchor}**B.1 ORO B01 ITEMS BEING
ACQUIRED (OCT 2004)**

The Contractor shall furnish all personnel, facilities, equipment,
material, supplies, and services (except as may be expressly set forth
in this contract as furnished by the Government) and otherwise do all
things necessary for, or incident to, the performance and providing the
following items of work:

> Item 1 - See Section C, ORO C01, Performance Work Statement
>
> Item 2 - Reports in accordance with Section J, Attachment A,
> \"Reporting Requirements\" and other clauses in the contract which
> specify reporting requirements.

[]{#__RefHeading___Toc161106768 .anchor}**B.2 ORO B13 PRICE SCHEDULE
(TIME-AND-MATERIAL AND LABOR-HOUR) (MAY 1997) (REVISED)**

> \(a\) The contractor shall provide personnel in the labor categories
> and at the hourly rates (wages, indirect costs, general and
> administrative expenses, and profit) set forth below. The quantity of
> labor hours are estimated amounts and may vary during the period of
> performance. The hourly rates are fixed for the full period of
> performance of the contract. The wage rates included in the fully
> burdened hourly rates are not subject to revision unless required by
> the Service Contract Act. Any adjustment required by the Service
> Contract Act will be in accordance with Department of Labor (DOL) Wage
> Determinations. Any revised DOL Wage Determination will be included in
> Part III, Section J of this contract. The indirect costs, general and
> administrative expense, and profit applied to the hourly rates are
> fixed for the full term of the contract and will not be changed if
> wage rates are adjusted as a result of the Service Contract Act.
>
> \(b\) All materials, supplies, and equipment will be furnished by the
> Government as set forth in Section H, Clause H95. In the event,
> however, that the contractor is required by the contracting officer to
> acquire such items, reimbursement will be in accordance with FAR
> 52.232-7. In the event that any travel is required, the contractor
> will obtain the approval of the contracting officer or any other duly
> authorized representative. Reasonable and allocable material handling
> costs may be included in the charge for materials in accordance with
> the Contractor\'s usual accounting practices consistent with Subpart
> 31.2 of the FAR. The material handling cost rate is fixed for the full
> period of performance of the contract.
>
> \(c\) In accordance with FAR 52.246-6, Inspection\--Time-and-Material
> and Labor-Hour, the Government may require the contractor to replace
> or correct services or materials that at time of delivery failed to
> meet contract requirements. Except as otherwise specified in FAR
> 52.246-6, paragraph h, the cost of replacement or correction shall be
> determined under FAR 52.232-7, Payments Under Time-and Material and
> Labor-Hour Contracts, but the hourly rates for labor hours incurred in
> the replacement or correction shall be reduced to exclude that portion
> of the rate attributable to profit.

\(d\) Schedule:

> Transition Period

+------------------+-------+-----+---------+------+-------+---------+
| Labor Categories | E     | FTE | Es      | Base | Fully | Es      |
|                  | xempt | \'s | timated |      |       | timated |
|                  | or    |     | DPLH    | Rate | L     |         |
|                  | Non   |     |         |      | oaded | Amount  |
|                  |       |     |         |      |       |         |
|                  | E     |     |         |      | Rate  |         |
|                  | xempt |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
|                  |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
| Total Estimated  |       |     |         |      |       |         |
| Labor            |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
| Other Direct     |       |     |         |      |       |         |
| Costs            |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+
| Ceiling Price -- |       |     |         |      |       | \$0     |
| Transition       |       |     |         |      |       |         |
| Period           |       |     |         |      |       |         |
+------------------+-------+-----+---------+------+-------+---------+

The hourly rates include a profit of \_\_\_\_ percent.

The normal company indirect rate(s) allocated to purchase materials is
\_\_\_\_ percent and is included in the Other Direct Costs above.

Travel costs will be reimbursed on an actual basis in accordance with
Federal Acquisition Regulations and GSA's Federal Travel Regulations.

All Other Direct Costs and overtime must be approved by the Contracting
Officer's Representative prior to occurrence.

![](media/image1.png){width="6.354166666666667in"
height="8.395833333333334in"}

**B.3 ORO B18 MINIMUM/MAXIMUM REQUIREMENTS (MAY)**

The Contractor shall provide the services and deliverables subject to
the following minimum and maximum requirements:

\(a\) The minimum amount of [\$160,000.00]{.underline} is applicable to
this contract.

\(b\) The maximum amount of [\$14,516,764.00]{.underline} is applicable
to this contract.

[]{#__RefHeading___Toc161106769 .anchor}**B.4 ORO B30 OBLIGATION OF
FUNDS (TIME-AND-MATERIALS) ALTERNATE III (JAN 2004) (REVISED)**

Pursuant to the clause in Section H entitled Limitation of Funds (Time
and Material)**,** the total amount obligated to the contract for the
item(s) described in the Schedule is [\$160,000.00.]{.underline}

[]{#__RefHeading___Toc161106770 .anchor}**B.5 ORO B35 OPTION(S) TO
EXTEND THE CONTRACT (TIME-AND-MATERIALS/ LABOR-HOUR) ALTERNATE III (MAY
1997) (REVISED)**

> \(a\) In order to demonstrate the value it places on quality
> performance, the Department has provided a mechanism for continuing a
> contractual relationship with a successful contractor that performs at
> a level which meets or exceeds quality performance expectations as
> communicated to the contractor, in writing, by the contracting officer
> or designated representative. When deciding whether to exercise the
> option, the Contracting Officer will consider the quality of the
> contractor\'s performance under the contract.
>
> \(b\) This contract shall be extended, at the unilateral option of the
> Government in accordance with FAR 52.217-9 set forth in Section I.
> Further, the Contractor agrees that the performance under option(s)
> which are exercised shall be accomplished within the hourly rates and
> contract ceiling price set forth below.
>
> \(c\) The Contractor shall provide personnel in the labor
> classifications and at the hourly rate set forth below. The quantity
> of labor hours are estimated amounts and may vary during the period of
> performance. The hourly rates are fixed for the full period of
> performance of the contract. The wage rates included in the fully
> burdened hourly rates are not subject to revision unless required by
> the Service Contract Act. Any adjustment required by the Service
> Contract Act will be in accordance with Department of Labor (DOL) Wage
> Determinations. Any revised DOL Wage Determination will be included in
> Part III, Section J of this contract. The indirect costs, general and
> administrative expense, and profit are fixed for the full term of the
> contract and will not be changed if wage rates are adjusted as a
> result of the Service Contract Act.
>
> All materials, supplies, and equipment will be furnished by the
> Government as set forth in Section H, Clause H95. In the event,
> however, that the Contractor is required by the Contracting Officer to
> acquire such items, reimbursement will be in accordance with FAR
> 52.232-7. In the event that any travel is required, the Contractor
> will obtain the approval of the Contracting Officer or any duly
> authorized representative. Reasonable and allocable material handling
> costs may be included in the charge for materials in accordance with
> the Contractor\'s usual accounting practices consistent with Subpart
> 31.2 of the FAR. The material handling cost rate is fixed for the full
> period of performance of the contract.
>
> \(d\) In accordance with FAR 52.246-6 Inspection\--Time-and-Materials
> and Labor-Hour, the Government may require the Contractor to replace
> or correct services or materials that at time of delivery failed to
> meet contract requirements. Except as otherwise specified in FAR
> 52.246-6, paragraph (h), the costs of replacement or correction shall
> be determined under FAR 52.232-7, Payments Under Time-and-Material and
> Labor-Hour Contracts, but the hourly rates for labor incurred in the
> replacement or correction shall be reduced to exclude that portion of
> the rate attributable to profit.
>
> \(e\) As may be appropriate, the Government may elect to authorize the
> use of option hours earlier than the period stated in paragraph (f) of
> this clause. The contract will then be modified to exercise the option
> early. The term of the contract shall be extended to the end of the
> exercised option period. DPLH not expended during their specified
> period may be expended during a subsequent period. A contract
> modification shall be issued unilaterally by the Contracting Officer
> to reflect the expiration date.
>
> \(f\) Nothing in this clause shall be construed to constitute
> authorization for work not in accordance with the \"Limitation of
> Government\'s Obligations\" clause of the contract.
>
> \(g\) Schedule:

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[]{#__RefHeading___Toc161106771 .anchor}**B.6 TYPE OF CONTRACT AND
CEILING PRICE (FEB 2005) (REVISED)**

This is a Time and Materials (T&M) contract. Fully Loaded Labor Rates
for each labor category/level listed in the clauses in Section B, ORO
B13 Price Schedule (Time-and-Material and Labor Hour) and ORO B35
Option(s) to Extend the Contract (Time-And-Materials/Labor Hour)
Alternate III shall be fixed for the life of the contract. Additional
labor categories may be added only as the result of a change in work
scope. The ceiling price may be modified as a result of changes in work
scope and the exercise of options.

The ceiling price of this contract, including the base period and all
exercised options, is \$14,516,764.00.

[]{#__RefHeading___Toc161106772 .anchor}**SECTION C -
DESCRIPTION/SPECIFICATIONS/PERFORMANCE WORK STATEMENT**

**I. [OBJECTIVE]{.underline}**

> The contractor will provide skilled personnel to perform an array of
> information management and support services functions to assist the
> U.S. Department of Energy (DOE), Oak Ridge Office (ORO), in
> accomplishing strategic business objectives through the effective use
> of Information Technology (IT).

**II. [BACKGROUND]{.underline}**

> The ORO Information Resources Management Division (IRMD) has
> organizational responsibility for the IT function in support of the
> ORO vision, missions, and functional areas. This function includes
> computing, telecommunications, and cyber security operations. This
> contract supports the computing and cyber security operations area
> including the identification, implementation, and administration of
> information technologies, processes, and methodologies that facilitate
> the productive, effective, and efficient management of ORO\'s
> information resources in a safe and secure environment, which includes
> a licensed user base of approximately 915 users. The
> telecommunications area is managed under a separate contract.
>
> The information processed, stored, and transmitted on ORO systems,
> ranges from "Unclassified" data to "Classified" Secret Restricted Data
> (SRD). Unclassified information may range from non-sensitive to
> sensitive including Official Use Only (OUO), Unclassified Controlled
> Nuclear Information (UCNI), and Export Controlled information.
> Facilities and work areas range from Property Protected Areas (PPAs)
> to Limited Security Areas (LSAs).
>
> Primary facilities and locations to be supported under this contract,
> both on and off the Oak Ridge Reservation, include but are not limited
> to:

  ------------------------------------ ----------------------------------
  **Facility Name**                    **Address**

  Federal Office Building (FOB)        200 Administration Road, Oak
                                       Ridge, TN

  2714 Building Complex                107 Administration Road, Oak
                                       Ridge, TN

  1916 T2 Building                     230 Warehouse Road, Oak Ridge, TN

  1916 T3 Building                     Brisbane Road, Oak Ridge, TN

  9702-1 Building                      Y12 Plant Site, Bear Creek Road,
                                       Oak Ridge, TN

  4500N Building                       Oak Ridge National Laboratory
                                       (ORNL), Oak Ridge, TN

  K-1580 Building                      East Tennessee Technological Park,
                                       Oak Ridge, TN

  DOE Joint Information Center (JIC)   7615 Clinton Highway, Knoxville,
                                       TN

  DOE Information Center (IC)          475 Oak Ridge Turnpike, Oak Ridge,
                                       TN

  Office of Inspector General          115 Union Valley Road, Oak Ridge,
                                       TN

  Pacific Northwest Site Office (PNSO) Richland, WA

  Thomas Jefferson Site Office (TJSO)  Newport News, VA

  Portsmouth Gaseous Diffusion Plant   Portsmouth, OH
  (PORTS)                              

  Paducah Gaseous Diffusion Plant      Paducah, KY
  (PGDP)                               
  ------------------------------------ ----------------------------------

> A well managed IT refresh program provides state-of-the-art technology
> that is flexible, reliable, and user-friendly in a computing
> infrastructure that is focused on the desktop, office automation,
> network, and communications. Desktop and laptop minimum configuration
> standards have been defined in the ORO Technical Architecture
> Specification (TAS) for processing in a Windows operating environment.
> All systems now exceed the minimum requirements identified in the TAS.
> A standard suite of office automation software has been implemented
> which supports word processing, spreadsheets, presentation, database
> management, internet access, project management, and e-mail. Much of
> the standard software products at ORO are licensed under the DOE
> Microsoft Enterprise Agreement (MS EA). However, other non-MS EA
> standard software products (e.g., Adobe Acrobat, Oracle, McAfee
> Enterprise virus protection, Hummingbird DM, etc.) are licensed under
> other volume licensing agreements such as the Adobe Corporate
> Licensing Program (CLP), or are procured as stand alone licenses.
> Entrust is also supported for data encryption.
>
> A Windows 2003 Active Directory is currently implemented. ORO IT
> assets are segregated into two separate enclaves: the ORO business
> enclave and the Oak Ridge Financial Service Center (ORFSC) enclave.
> The ORFSC enclave is managed under a separate contract. Security is a
> critical part of the overall network design and consists of internal
> and external firewalls, Virtual Private Network (VPN) device, border
> routers, switches, instruction detection systems (IDS), and
> implementation of virtual local area networks (VLAN). Switch upgrades
> and other network improvements are proactively implemented to ensure
> the latest cyber security measures and protocols can be implemented to
> protect the ORO investments. ORO is also in the process of
> implementing the new Internet protocol standard (IPV6). This protocol
> is being implemented across Government and will provide for enhanced
> security, networking, as well as improved networking capabilities.
> Network addressable devices include duplex, B&W and color printers,
> scanners, and multifunctional (i.e., fax/scan/print/copy) devices.
> Category 5 twisted pair cable is used for wiring within ORO facilities
> from the communication closets to the desktops. Either fiber or T1
> leased lines are utilized to connect facilities and communications
> closets in accordance with the ORO standard wiring plan. Access to
> Internet resources is via Energy Systems Network (ESNet), which is
> locally managed through the Oak Ridge National Laboratory (ORNL).
> Corporate DOE information systems are accessed via DOE's corporate
> business network (DOENet), which is managed by DOE Headquarters.
>
> ORO has also begun to focus on the establishment of a corporate
> strategy for the development and implementation of corporate and
> enterprise information management systems. This strategy will embrace
> Departmental information management strategic goals and will be based
> on the Departmental Information Architecture Programs and in
> particular the Office of Science Enterprise Architecture which is
> currently under development. The ORO information management strategy
> will be documented in the ORO Information Management Plan. The ORO
> information architecture will be documented in the ORO TAS.

**III. [EXPECTATIONS OF THE ORO INFORMATION TECHNOLOGY
ENVIRONMENT]{.underline}**

> The contractor will support the government in providing users of IT
> resources with: a safe and secure computing environment; easy-to-use
> desktop hardware and software; fast communications networks; an
> increasing number of web based information centers; a convenient web
> based locator service; training tools that are available on the
> desktop; a fully integrated online document management system (DOCS);
> automated system updating and patch management; license management; a
> loaner program that offers mobile computing capabilities;
> straightforward authentication that facilitates the use of one
> credential for access to multiple domains; standard interoperable
> information interchange capabilities; ready access to knowledgeable
> help desk staff for prompt problem resolution; easy access to
> distributed high-performance computing resources; comprehensive system
> backup utilization; and the implementation of state-of-the-art
> protective resources that minimize outside cyber threats.

Information technology services will be provided in a secure, powerful,
and flexible computing infrastructure, and will be available through the
use of well managed, state-of-the-art computing hardware, software, and
communications tools.

> System implementation tools will be selected based on a predefined
> suite of guidelines and standards. Information systems will be
> scalable, extensible, and easy to maintain. Development tools will
> automate the mundane while enabling creativity and efficiency.
> Systematic mechanisms will be used for evaluation and selection of new
> tools. Software will be interoperable across a spectrum of
> environments.
>
> System migrations will be performed according to plans and budgets.
> Specialized needs will be met with rapid development at minimum costs.
> Administrative processes will be simplified. Users will have ad-hoc
> access to information without the services of a specialist.
> Information will be available for use as an enabler for corporate
> actions and for cross-functional teams. Information services will
> foster increased corporate agility in responding to changing business
> needs and provide a competitive advantage through increased
> productivity and reduced cost. Information strategies will be clearly
> defined, simple, and understandable.

**IV. [TASKS TO BE PERFORMED]{.underline}**

The Performance Work Statement (PWS) outlines the general requirements
for functional services to be provided and crosscuts all approved tasks.
Specific details of work assignments, deliverables, documentation,
training, applicable departmental and industry standards, etc., will be
provided in individual task orders. The services of the contractor will
be made available to all ORO and other elements as designated and
approved through the issuance of task orders. The following is a list of
anticipated tasks to be performed:

> *Task*: Information Technology (IT) Management and Operations -- This
> task provides support to numerous locations and facilities both on and
> off the Oak Ridge Reservation. This task is the primary/main "core"
> integrated support for the entire ORO computing enterprise including
> domain management, network operations and management; systems
> management; asset management; quality control; configuration
> management; hardware and software maintenance; web development,
> software engineering and application development (includes in-house
> developed and commercial-off-the-shelf (COTS) products); maintenance
> and support; strategic planning; project planning; acquisitions
> planning; end user support such as training and operation of help
> desk/resource center; cyber security functions; installations; and
> special studies.
>
> *Task*: ORO Office of Science staff located at the ORNL - This task
> provides support to the ORO staff located at ORNL. Workstation support
> is mainly for an Apple/Macintosh (MAC) and PC environment with an
> Appleserver and Internet Protocol (IP) infrastructure. Support
> functions include those identified above in "Task: IT Management and
> Operations".
>
> *Task*: Emergency Management Team (EMT) Support - This task provides
> dedicated, specialized support to the ORO EMT in operating several
> facilities to include: the Emergency Operations Center (EOC), the Oak
> Ridge Operations Center, and the DOE JIC. Support functions include
> those identified above in "Task: IT Management and Operations". Staff
> assigned to this task must maintain a DOE Q-Clearance.
>
> *Task*: Pacific Northwest Site Office (PNSO) Support - This task
> provides support to the Office of Science PNSO in Richland,
> Washington. Support is mainly for a Windows environment. Support
> functions include those identified above in "Task: IT Management and
> Operations".
>
> *Task*: Thomas Jefferson Site Office (TJSO) Support - This task
> provides support to the Office of Science TJSO located in Newport
> News, Virginia. Workstation support is mainly for a Windows
> environment. Support functions include those identified above in
> "Task: IT Management and Operations".
>
> *Task*: Environmental Safety and Health (ES&H) Software Support - This
> task provides support to the ES&H organization for application
> development, systems maintenance, and operation of the DOE-wide
> Corrective Action Plan (DOECAP) application.

**V. [GENERAL WORK DESCRIPTION]{.underline}**

> The contractor will perform IT support services functions including:
> (1) resources and integrated project management; (2) information
> engineering and systems development; (3) end user and related support;
> (4) network operations; and (5) cyber security operations. Safety,
> security, and the effective application of integrated project
> management principles are implicit to all aspects of this contract.
>
> The contractor is prohibited from performing any functions which are
> determined to be inherently governmental functions or personal
> services. An appropriate level of supervision will be required by the
> contractor; DOE will not supervise contractor employees.

The work performed by the contractor will include the services stated in
the paragraphs below:

1.  **[RESOURCES AND INTEGRATED PROJECT MANAGEMENT]{.underline}**

> The importance of effective oversight and management of the personnel
> and resources that are dedicated to the fulfillment of this contract
> cannot be overemphasized. The contractor will manage these resources
> in a professional and consistent manner in an environment that demands
> timely and accurate response. Safety and security are preeminent
> issues that have the highest level of management scrutiny. Projects
> often arise from DOE initiatives at the departmental level that are
> unplanned and require short turn around. The contractor will have
> effective integrated project management capabilities to address this
> rapidly changing environment and manage its resources without
> negatively impacting planned and/or other ongoing support work. This
> may require subcontracting short-term/ad hoc work and will require
> effective planning and reporting.

2.  **[INFORMATION ENGINEERING AND SYSTEMS DEVELOPMENT]{.underline}**

> The contractor will maintain compliance with DOE-ORO requirements, the
> System Engineering Methodology (SEM) requirements, configuration
> management requirements, and quality assurance requirements. The
> contractor will provide support to the ORO corporate information
> management environment and apply information engineering and
> development methodologies and standards to the life-cycle management
> of information management systems. Services include:

Providing integrated project management for the development and
implementation of corporate information management systems, and
coordinating the implementation of commercial application and deployment
of other DOE applications at ORO.

Providing configuration management of the ORO information management
system and for total IT services to include an inventory of ORO
information systems, change/version control on all network, operating
systems, custom developed and Commercial-Off-The-Shelf (COTS)
applications, desktop environments, systems retirement, and all
documentation required under this contract and/or the Quality Management
System.

Applying information engineering methodologies to develop and manage ORO
corporate information management resources in accordance with the ORO
Information Management Plan, the Office of Science and the DOE
Information Architectures, the Departmental information management
strategic goals, and ORO strategic business goals.

Providing integrated project management of the ORO TAS; and maintaining
the TAS to ensure compliance with the Departmental technical
architecture and National Institute of Standards and Technology
Application Portability Profile.

Providing database administration of ORO corporate information in
accordance with the ORO Information Management Plan and TAS.

Providing technical guidance and expertise to the strategic planning
process and participating in Departmental technical working groups.

Conducting special studies of information services areas as directed.
These studies are generally for the purpose of making decisions toward
the application of information resources technologies within ORO and
evaluation of new and ongoing technology initiatives.

Providing software engineering tasks:

> \(a\) Process definition
>
> \(b\) Requirements management (project planning, quality assurance,
>
> project tracking and oversight, and organizational process focus)
>
> \(c\) Software metrics
>
> \(d\) Capability maturity models
>
> \(e\) Software process assessments
>
> \(f\) Software capability evaluations

(g) Software project management

(h) Software certification

(i) Software validation and verification

(j) Open systems

(k) Software architecture

(l) Software engineering

(m) Software use

(n) Component based software

(o) Software security

(p) Software configuration management

(q) Computer-aided software engineering (CASE) tools

**3. [END USER AND RELATED SUPPORT]{.underline}**

> The contractor will provide planning, analysis, troubleshooting,
> integration, technical specification, installation, maintenance,
> training, and documentation support services; and provide general
> management and administration of these services. Services include:

User support to ensure usability of information technology resources
such as:

> \(a\) Responding to specific requests from users for troubleshooting
> problems encountered using microcomputer hardware and software
>
> \(b\) Clarification of software operations
>
> \(c\) Individual training
>
> \(d\) Assistance in the recovery of data
>
> \(e\) Evaluation of hardware, firmware, peripherals, software
> packages, etc., and providing recommendations
>
> \(f\) Managing access to network services and resources utilizing the
> Universal Computer Access System (UCAMS)

(g) Configuration, installation, maintenance (to include patches and
    updates), and user support of personal computers

> (PC), laptops, Personal Digital Assistant (PDA), and other
> PC-peripherals

(h) Diagnostic and repair (component replacement) of personal computers,
    servers, and peripherals

Maintain a Help Desk/Resource Center function which will serve as the
primary interface for users to request support such as:

(a) Implementing an automated process for managing and responding to
    user requests.

(b) Providing training and resource assistance for use of ORO
    information technology resources.

(c) Establishing and operating a customer innovation program to
    encourage, collect, assess, and implement innovative ideas solicited
    from the customer-user base.

(d) Analyzing trends in user requests for opportunities for application
    of information technology and additional training requirements.

(e) Maintaining a collection of documentation related to computing
    support such as office automation procedures, orders, commercial
    practices, standards, guidelines, vendor source lists for pricing,
    and availability of information technology.

(f) Coordinating the ORO IT Division Coordinators quarterly meetings
    which serve as a mutual forum for disseminating information of
    special interest concerning ongoing and/or future efforts in the IT
    arena.

> Establish a process for the life-cycle management of the information
> technology resources inventory, which includes approximately 1,100
> CPU's, 1,100 Monitors, 750 Printers, 225 Scanners, 250 Laptops, 75
> Facsimiles, and 125 Servers. This includes:

(a) Maintaining an automated inventory of all IT resources acquired,
    tracking of locations and assignment of all sensitive IT equipment,
    and sanitizing storage media, then excessing equipment and software
    which is no longer serviceable or useful. (Sensitive IT equipment is
    currently defined as personal computers, monitors, printers (except
    portable), portable computers, desktop scanners, desktop video
    projectors, facsimile, and any other IT equipment which costs
    \$5,000 or more.)

(b) Validating compliance with all equipment warranties and software
    licenses.

(c) Administering maintenance agreements for software upgrades,
    technical support, preventative maintenance, and repairs of
    equipment.

(d) Establishing a process for continuously assessing the usefulness,
    appropriateness, and need for maintenance agreements.

> Provide plans, reports, support, updates, and reviews as follows:

(a) Providing plans and reports in accordance with contract reporting
    requirements and technical direction.

(b) Providing support for the development of operating plans, computer
    security plans, strategic plans, and special programs for IT
    support.

(c) Updating and reviewing technical manuals, guidelines, and other
    documents as needed.

> Provide, as required, by task orders or technical direction:

(a) Developing task plans in response to task orders.

(b) Developing project plans for special projects and major assignments.

(c) Preparing project schedules to plan work, allocate resources, and
    plan and track progress toward project milestones.

(d) Providing annual self-assessment evaluations.

(e) Forecasting performance relative to milestones, schedules, labor
    allocation, and funding requirements.

(f) Establishing clear responsibility delegation and feedback channels.

> Provide immediate reporting of all incidences and occurrences, which
> pose threats to health and safety or security.
>
> Provide IT support documentation concerning ORO computing activities.

**4. [NETWORK OPERATIONS]{.underline}**

> The computer/network operations function provides administration,
> management, and operation of the ORO technical architecture. The ORO
> technical architecture is targeted to be modeled as an open system
> environment based on DOE-adopted standards and/or industry standards
> which will allow operation of a heterogeneous, multi-vendor network of
> hardware, software, communication platforms supporting interoperable,
> scalable, and portable applications. Services include:
>
> Supporting the planning, implementation, and maintenance of
> campus-styled local area networks and wide-area networks, including:

(a) Coordinating with other contractors and internal/external service
    providers as necessary to prevent, correct, or detect network
    problems and/or outages and determine causes and solutions.

(b) Supporting, defining, developing, and maintaining electronic
    inter-organizational business networks.

(c) Providing support for the data communications cabling and related
    tasks. The physical wiring and cabling between communications
    closets and offices, as well as terminations, will be performed by
    the ORO Telecommuni­cations contractor.

> Providing operational support for backups and restoration of files,
> and monitoring of network resources and diagnostics to identify and
> resolve operational problems, bottlenecks and backlogged printer
> queues.

Supporting the development of Disaster Recovery Plans and Contingency
Plans to protect ORO IT investments in accordance with DOE direction.

Providing systems and facility management of the ORO computer facilities
data communication closets, including:

(a) Monitoring systems and network performances and resolving
    performance problems.

(b) Maintaining operations records, maintenance logs, preventive
    maintenance logs, capacity management records, disaster recovery
    validation histories, and parts/supplies usage.

(c) Developing and maintaining network configuration drawings.

(d) Providing installation of network resources, servers, printers, and
    communications equipment (hubs, routers, etc).

Providing computer security services, including:

(a) Developing and implementing computer security programs which educate
    users on computer security issues, provides for disaster recovery,
    continuity of operations, contingency planning, virus detection,
    elimination and prevention, and risk assessments.

(b) Maintaining physical and technical security for all assigned ADP
    systems.

(c) Establishing and applying procedures to protect hardware, software,
    networks, and information.

**5. [CYBER SECURITY OPERATIONS]{.underline}**

> The contractor will provide support in the implementation and
> operation of the ORO Cyber Security Program. This function is critical
> for the protection of DOE's information resources and IT assets and
> the contractor will work closely with the Office of Security and
> Emergency Management, which has oversight responsibility for the ORO
> Cyber Security Program, with the COR, IRMD management, and other DOE
> elements. The contractor will provide network perimeter protection for
> the ORFSC domain, the ORO EOC domain, and all other domains and
> subnets that connect to or through the ORO network. This includes the
> Headquarters managed DOENet router located in the Computer Network
> Center (CNC).

Provide secure network architecture through effective cyber security
planning, implementation, system support and maintenance of ORO's
network perimeter control mechanisms, including:

(a) Install, support, update and maintain firewalls, switches, routers,
    and other ancillary equipment and software products. Existing
    system(s) policies and procedures will be continued or new
    procedures will be developed.

(b) Configure, manage, scan, and monitor ORO network to ensure the
    configuration complies with DOE standards, and is controlled for all
    supported network devices through configuration control management,
    vulnerability scanning and other proactive measures.

(c) Provide network access and resource management for the ORO network
    utilizing the UCAMS and other domain and server management tools.

(d) Aggressively implement cyber security enhancements to the ORO
    network and infrastructure based on direction from IRMD and in
    association with the ORO's Cyber Security Protection Manager (CSPM),
    and ORO's Cyber Security Protection Plan (CSPP). Other authorities
    include Computer Incident Advisory Capability (CIAC) Bulletins and
    Alerts, Office of Science Cyber Program Manager, DOE Order 205.1 and
    its associated Notices or Manuals on Cyber Security, and ORO Cyber
    Security Policies and Procedures.

(e) Perform routine network device administration, configuration
    changes, operating system (OS) upgrades, OS patches, security
    patches, access list modifications, tuning, and user administration.

(f) Provide operation and management support for the DOENet wide area
    network node for Oak Ridge. Work consists of managing the local
    DOENet router node and performing coordination functions between the
    project team at Germantown MD, and Oak Ridge.

> Provide a cyber security incident capability, including response,
> investigation, reporting, corrective actions and tracking by
> continuously monitoring and reviewing security audit logs of ORO
> network assets, including firewalls, switches, routers, servers, and
> other equipment for detection of abnormal system activities.
>
> Provide IRMD with current status of ORO Cyber Security Program and
> controls through formal programmatic self-assessments.
>
> Program and operate Cryptographic equipment necessary to provide
> classified audio, voice, and data communications.  Maintain control
> and usage of COMSEC materials in accordance with current directives.

VI. **[APPLICABLE DIRECTIVES]{.underline}**

> The contractor shall fully comply with all applicable Government Acts,
> standards, and regulations, DOE directives, ORO procedures, and other
> official guidance which includes:
>
> **The Privacy Act of 1974, 5 U.S.C. 552a**
>
> <http://www.usdoj.gov/foia/privstat.htm>
>
> **Information Technology Management Reform Act of 1996**
>
> <http://irm.cit.nih.gov/itmra/itmrasum.html>
>
> **Federal Information Security Management Act of 2002 (FISMA)**
>
> <http://csrc.nist.gov/sec-cert/index.html>
>
> **Office of Management and Budget (OMB) Cyber Security Policies**
>
> <http://www.whitehouse.gov/omb>
>
> HSPD-12, Policy for a Common Identification Standard for Federal
> Employees and Contractors
>
> Appendix III to OMB Circular A-130, Security of Federal Automated
> Information Resources
>
> M-03-22, OMB Guidance for Implementing the Privacy Provisions of
> E-Government Act of 2002
>
> M-04-26, Personal Use Policies and "File Sharing" Technology
>
> **National Institute of Standards and Technology (NIST) Cyber Security
> Standards**
>
> <http://csrc.nist.gov/publications>
>
> FIPS PUB 199, Standards for Categorization of Federal Information and
> Information Systems
>
> FIPS PUB 200, Minimum Security Requirements for Federal Information
> and Information Systems
>
> SP800-12: An Introduction to Computer Security: The NIST Handbook
>
> SP800-18: Guide for Developing Plan for Federal Information Systems
>
> SP800-30: Risk Management Guide for Information Technology Systems
>
> SP800-37: Guides for the Security Certification and Accreditation of
> Federal Information Systems
>
> SP800-53: Recommended Security Controls for Federal Information
> Systems
>
> SP800-60: Guide for Mapping Types of Information and Information
> Systems to Security Categories, Volumes1 and 2
>
> SP800-61: Computer Security Incident Handling Guide
>
> SP800-63: Electronic Authentication Guide
>
> SP800-68: Guide for Security Microsoft Windows XP System for
>
> IT Professional: A NIST Security Configuration Checklist
>
> **Department of Energy (DOE) Directives**
>
> <http://www.ornl.gov/doe/doe_oro_dmg>
>
> Appropriate Use of the Internet
>
> Appropriate Use of the Electronic Mail System and of Employee Duty
> Time
>
> Limited Use of Government Equipment

DOE Software Engineering Methodology

DOE Information Technology Standards Program

> DOE N 142.1 Unclassified Foreign Visits and Assignments
>
> DOE O 200.1 Information Management Program
>
> DOE P 142.1 Unclassified Foreign Visits and Assignments
>
> DOE N 142.1 Unclassified Foreign Visits and Assignments
>
> DOE O 200.1 Information Management Program
>
> DOE M 200.1-1 Telecommunications Security Manual
>
> DOE N 203.1 Software Quality Assurance
>
> DOE P 205.1 Cyber Security Management Policy
>
> DOE O 205.1 DOE Cyber Security Management Program
>
> DOE N 205.2 Foreign National Access to DOE Cyber Security
>
> DOE N 205.3 Password Generation, Protection, and Use
>
> DOE N 205.4 Handling Cyber Security Alerts and Advisories
>
> DOE N 205.6 Extension of DOE Directive on Cyber Security
>
> DOE N 206.1 Electronic Mail Analysis Capability
>
> DOE O 221.1 Reporting Fraud, Waste, and Abuse to the Office of
> Inspector General
>
> DOE O 225.1A Accident Investigations
>
> DOE O 231.1, Chg. 2 Environment, Safety, and Health Reporting
>
> DOE M 231.1-1 Environment, Safety, and Health Reporting Manual
>
> DOE M 231.1-2 Occurrence Reporting and Processing of Operations
> Information
>
> DOE O 241.1A Scientific and Technical Information Management
>
> DOE O 414.1A Quality Assurance
>
> DOE O 420.1 Facility Safety
>
> DOE O 430.2 In-house Energy Management
>
> DOE N 430.2 Extension of In-house Energy Management
>
> DOE O 430.1A Life Cycle Asset Management
>
> DOE P 450.1 Environment, Safety, and Health Policy for the Department
> of Energy Complex
>
> DOE P 450.2A Identifying, Implementing, and Complying with
> Environment, Safety, and Health Requirements
>
> DOE P 450.4 Safety Management System Policy
>
> DOE P 450.6 Secretarial Policy Statement, Environment, Safety, and
> Health
>
> DOE O 451.1A National Environmental Policy Act Compliance Program
>
> DOE O 470.1 Safeguards and Security Program
>
> DOE O 471.1A Identification and Protection of Unclassified Controlled
> Nuclear
>
> Information
>
> DOE O 470.4 Safeguards and Security Program
>
> DOE M 470.4-4 Information Security
>
> **Office of Science (SC) Directives**
>
> SC Program Cyber Security Plan (PCSP) and other Lead Program Secretary
> Office (LPSO) PCSP
>
> Managing Cyber Security Risk in the Science Community
>
> **Oak Ridge Office (ORO) Directives**
>
> <http://www.ornl.gov/doe/doe_oro_dmg>
>
> ORO Cyber Security Protection Plan (CSPP)
>
> ORO O 220, Chap. I Reporting Fraud, Waste, and Abuse to the Office of
> Inspector General
>
> ORO O 230, Chap. II Environment, Safety, and Health Reporting
>
> ORO O 420, Chap. I Facility Safety
>
> ORO O 430, Chap. I Life Cycle Asset Management
>
> ORO O 430, Chap. II In-house Energy Management
>
> ORO O 450, Chap. II National Environmental Policy Act Compliance
> Program
>
> ORO O 470, Chap. II Identification and Protection of Unclassified
> Controlled Nuclear Information (UCNI)
>
> ORO N 471.2 Technical Surveillance Countermeasures (TSCM) Program
>
> Remote Access Policy
>
> Portable Computing Device and Wireless Access Policy
>
> Procedure for Determination of Critical Application
>
> Unclassified Incident Report Procedures
>
> Unclassified Media Destruction Procedures
>
> Procedure for Registration of Modem Use
>
> Understanding Unclassified Controlled Nuclear Information (UCNI)
>
> Understanding Official Use Only (OUO)
>
> Determination of Unclassified Sensitive Information Guide
>
> The contractor shall adhere to 36 CFR (Code of Federal Regulations),
> Part 1234, Electronic Records Management, when DOE-ORO records are
> created and/or maintained on the DOE-ORO network. This document is
> provided at
> <http://www.archives.gov/about/regulations/part-1234.html>.
>
> The contractor shall also adhere to the DOE-ORO Cyber Security
> Protection Plan, which will be provided, upon award, to the
> contractor.

VII. **[DELIVERABLES]{.underline}**

> The contractor shall provide deliverables in accordance with the
> Reporting Requirements in Section J, Attachment A, of the contract and
> individual task orders.

VIII. **[REFERENCE DOCUMENTS]{.underline}**

> The following reference documents are accessible via the Internet:

1.  Oak Ridge Office Technical Architecture Specification

> <http://www.oakridge.doe.gov/External/Default.aspx?tabid=100>

2.  DOE Software Engineering Methodology

> <http://cio.doe.gov/ITReform/sqse/download/SEM3_1231.pdf> 

3.  DOE Information Technology Standards Program

> <http://cio.doe.gov/ITReform/ArchitectureStandards/repository_info.htm>

 

IX. **[PERFORMANCE EVALUATION]{.underline}**

On an annual basis, DOE shall formally evaluate the contractor's
performance. The performance objectives and measures are contained in
the Quality Assurance Surveillance Plan located in Section J, Attachment
E. The contractor is expected to conduct all work in compliance with
safety and security requirements and in a manner that promotes and
improves productivity and minimizes waste. The contractor shall provide
recommendations to continually improve the efficiency and cost
effectiveness of operations.

[]{#__RefHeading___Toc161106773 .anchor}**SECTION D - PACKAGING AND
MARKING**

[]{#__RefHeading___Toc161106774 .anchor}**D.1 ORO D01 PACKAGING (MAY
1997) (REVISED)**

> \(a\) Preservation, packaging, and packing for shipment or mailing of
> all work delivered hereunder shall be in accordance with good
> commercial practice and adequate to insure acceptance by common
> carrier and safe transportation at the most economical rate(s).
>
> \(b\) Reports deliverable under this contract shall be mailed by other
> than first-class mail, unless the urgency of the deliverable
> sufficiently justifies the use of first-class mail. The Contractor
> shall not utilize certified or registered mail or private parcel
> delivery service for the distribution of reports under this contract
> without the advance approval of the Contracting Officer.

[]{#__RefHeading___Toc161106775 .anchor}**D.2 ORO D05 MARKING (MAY
1997)**

> \(a\) Each package, report or other deliverable shall be accompanied
> by a letter or other document which:
>
> \(1\) Identifies the contract by number under which the item is being
> delivered.
>
> \(2\) Identifies the deliverable Item Number or Report Requirement
> which requires the delivered item(s).
>
> \(3\) Indicates whether the Contractor considers the delivered item to
> be a partial or full satisfaction of the requirement.
>
> \(b\) For any package, report, or other deliverable being delivered to
> a party other than the Contracting Officer, a copy of the document
> required in (a) above shall be simultaneously provided to the office
> administering the contract, as identified in Section G of the
> contract, or if none, to the Contracting Officer.

[]{#__RefHeading___Toc161106776 .anchor}**SECTION E - INSPECTION AND
ACCEPTANCE**

[]{#__RefHeading___Toc161106777 .anchor}**E.1 52.246-6 INSPECTION -
TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)**

> \(a\) *Definitions.* As used in this clause\--
>
> "Contractor\'s managerial personnel," means any of the Contractor\'s
> directors, officers, managers, superintendents, or equivalent
> representatives who have supervision or direction of -
>
> \(1\) All or substantially all of the Contractor\'s business;
>
> \(2\) All or substantially all of the Contractor\'s operation at any
> one plant or separate location where the contract is being performed;
> or
>
> \(3\) A separate and complete major industrial operation connected
> with the performance of this contract.
>
> "Materials," includes data when the contract does not include the
> Warranty of Data clause.
>
> \(b\) The Contractor shall provide and maintain an inspection system
> acceptable to the Government covering the material, fabricating
> methods, work, and services under this contract. Complete records of
> all inspection work performed by the Contractor shall be maintained
> and made available to the Government during contract performance and
> for as long afterwards as the contract requires.
>
> \(c\) The Government has the right to inspect and test all materials
> furnished and services performed under this contract, to the extent
> practicable at all places and times, including the period of
> performance, and in any event before acceptance. The Government may
> also inspect the plant or plants of the Contractor or any
> subcontractor engaged in contract performance. The Government shall
> perform inspections and tests in a manner that will not unduly delay
> the work.
>
> \(d\) If the Government performs inspection or test on the premises of
> the Contractor or a subcontractor, the Contractor shall furnish and
> shall require subcontractors to furnish all reasonable facilities and
> assistance for the safe and convenient performance of these duties.
>
> \(e\) Unless otherwise specified in the contract, the Government shall
> accept or reject services and materials at the place of delivery as
> promptly as practicable after delivery, and they shall be presumed
> accepted 60 days after the date of delivery, unless accepted earlier.
>
> \(f\) At any time during contract performance, but not later than 6
> months (or such other time as may be specified in the contract) after
> acceptance of the services or materials last delivered under this
> contract, the Government may require the Contractor to replace or
> correct services or materials that at time of delivery failed to meet
> contract requirements. Except as otherwise specified in paragraph (h)
> of this clause, the cost of replacement or correction shall be
> determined under the Payments Under Time-and-Materials and Labor-Hour
> Contracts clause, but the "hourly rate" for labor hours incurred in
> the replacement or correction shall be reduced to exclude that portion
> of the rate attributable to profit. The Contractor shall not tender
> for acceptance materials and services required to be replaced or
> corrected without disclosing the former requirement for replacement or
> correction, and, when required, shall disclose the corrective action
> taken.
>
> (g)(1) If the Contractor fails to proceed with reasonable promptness
> to perform required replacement or correction, and if the replacement
> or correction can be performed within the ceiling price (or the
> ceiling price as increased by the Government), the Government may -
>
> \(i\) By contract or otherwise, perform the replacement or correction,
> charge to the Contractor any increased cost, or deduct such increased
> cost from any amounts paid or due under this contract; or
>
> \(ii\) Terminate this contract for default.
>
> \(2\) Failure to agree to the amount of increased cost to be charged
> to the Contractor shall be a dispute.
>
> \(h\) Notwithstanding paragraphs (f) and (g) above, the Government may
> at any time require the Contractor to remedy by correction or
> replacement, without cost to the Government, any failure by the
> Contractor to comply with the requirements of this contract, if the
> failure is due to -
>
> \(1\) Fraud, lack of good faith, or willful misconduct on the part of
> the Contractor\'s managerial personnel; or
>
> \(2\) The conduct of one or more of the Contractor\'s employees
> selected or retained by the Contractor after any of the Contractor\'s
> managerial personnel has reasonable grounds to believe that the
> employee is habitually careless or unqualified.
>
> \(i\) This clause applies in the same manner and to the same extent to
> corrected or replacement materials or services as to materials and
> services originally delivered under this contract.
>
> \(j\) The Contractor has no obligation or liability under this
> contract to correct or replace materials and services that at time of
> delivery do not meet contract requirements, except as provided in this
> clause or as may be otherwise specified in the contract.
>
> \(k\) Unless otherwise specified in the contract, the Contractor\'s
> obligation to correct or replace Government-furnished property shall
> be governed by the clause pertaining to Government property.

[]{#__RefHeading___Toc161106778 .anchor}**E.2 ORO E03 INSPECTION (MAY
1997)**

Inspection of all items under this contract shall be accomplished by the
DOE Contracting Officer\'s Representative (COR), or any other duly
authorized Government representative.

[]{#__RefHeading___Toc161106779 .anchor}**E.3 ORO E05 ACCEPTANCE (MAY
1997**

Acceptance of all work and effort under this contract (including
\"Reporting Requirements,\" if any) shall be accomplished by the
Contracting Officer, or any duly designated successors.

[]{#__RefHeading___Toc161106780 .anchor}**SECTION F - DELIVERIES OR
PERFORMANCE**

[]{#__RefHeading___Toc161106781 .anchor}**F.1 52.242-15 STOP-WORK ORDER
(AUG 1989)**

> \(a\) The Contracting Officer may, at any time, by written order to
> the Contractor, require the Contractor to stop all, or any part, of
> the work called for by this contract for a period of 90 days after the
> order is delivered to the Contractor, and for any further period to
> which the parties may agree. The order shall be specifically
> identified as a stop-work order issued under this clause. Upon receipt
> of the order, the Contractor shall immediately comply with its terms
> and take all reasonable steps to minimize the incurrence of costs
> allocable to the work covered by the order during the period of work
> stoppage. Within a period of 90 days after a stop-work is delivered to
> the Contractor, or within any extension of that period to which the
> parties shall have agreed, the Contracting Officer shall either -
>
> \(1\) Cancel the stop-work order; or
>
> \(2\) Terminate the work covered by the order as provided in the
> Default, or the Termination for Convenience of the Government, clause
> of this contract.
>
> \(b\) If a stop-work order issued under this clause is canceled or the
> period of the order or any extension thereof expires, the Contractor
> shall resume work. The Contracting Officer shall make an equitable
> adjustment in the delivery schedule or contract price, or both, and
> the contract shall be modified, in writing, accordingly, if -
>
> \(1\) The stop-work order results in an increase in the time required
> for, or in the Contractor\'s cost properly allocable to, the
> performance of any part of this contract; and
>
> \(2\) The Contractor asserts its right to the adjustment within 30
> days after the end of the period of work stoppage; provided, that, if
> the Contracting Officer decides the facts justify the action, the
> Contracting Officer may receive and act upon the claim submitted at
> any time before final payment under this contract.
>
> \(c\) If a stop-work order is not canceled and the work covered by the
> order is terminated for the convenience of the Government, the
> Contracting Officer shall allow reasonable costs resulting from the
> stop-work order in arriving at the termination settlement.
>
> \(d\) If a stop-work order is not canceled and the work covered by the
> order is terminated for default, the Contracting Officer shall allow,
> by equitable adjustment or otherwise, reasonable costs resulting from
> the stop-work order.

[]{#__RefHeading___Toc161106782 .anchor}**F.2 ORO F03 TERM OF CONTRACT
ALTERNATE II (MAY 1997) (REVISED**

The term of the contract is for one year. However, at the Government\'s
sole discretion, this contract may be extended for four one-year options
pursuant to the clause entitled \"Option(s) to Extend the Contract
(Time-and-Materials/Labor-Hour) (Alternate III)." After contract award,
a transition period of no more than 14 days and no more than 100 hours
will be funded by the Government.

[]{#__RefHeading___Toc161106783 .anchor}**F.3 ORO F05 PRINCIPAL PLACE OF
PERFORMANCE (MAY 1997) (REVISED)**

The principal places of performance for this effort are in normal office
environments within the Oak Ridge Office complexes in Oak Ridge,
Tennessee. Additional support is required at the Thomas Jefferson Site
Office in Newport News, Virginia, and the Pacific Northwest Site Office
in Richland, Washington. Limited on-site support will be required at the
Site Offices located at Portsmouth, Ohio, and Paducah, Kentucky.

[]{#__RefHeading___Toc161106784 .anchor}**F.4 PERFORMANCE EVALUATION
(MAY 2006)**

On an annual basis, DOE shall formally evaluate the contractor's
performance. The evaluation elements may include quality, cost control,
timeliness of performance, business relations, customer/DOE
satisfaction, key personnel performance and compliance with safety and
security standards. Acceptable levels are defined in the Quality
Assurance Surveillance Plan in Section J.

[]{#__RefHeading___Toc161106785 .anchor}**F.5 CONTRACT TRANSITION
ACTIVITIES (MAY 2006)**

During the transition period specified in Section F, ORO F03 Term of
Contract, the Contractor shall perform those activities necessary to be
prepared to assume responsibility for the IT support services as of the
effective date of the contract. The Contractor shall coordinate its
activities so as to accomplish these activities in a manner that will
provide an effective transition of responsibility for these services.
DOE will fund no more than 100 labor hours to complete this effort.

[]{#__RefHeading___Toc161106786 .anchor}**SECTION G - CONTRACT
ADMINISTRATION DATA**

[]{#__RefHeading___Toc161106787 .anchor}**G.1 ORO G01 CORRESPONDENCE
PROCEDURES (OCT 2004)**

All correspondence submitted by the Contractor (except for invoices and
reports) shall be subject to the following procedures:

> \(a\) Technical Correspondence. Technical correspondence concerning
> performance of this contract shall be addressed to the DOE Contracting
> Officer\'s Representative (COR), with an information copy of the
> correspondence to the DOE Contract Specialist.
>
> \(b\) Patents/Technical Data/ Intellectual Property Correspondence.
> Correspondence concerning patent and technical data issues shall be
> addressed to the Assistant Chief Counsel for Intellectual Property,
> Office of Chief Counsel, USDOE, Post Office Box 2001, Oak Ridge, TN,
> 37831-8751, with an informational copy to the Contracting Officer and
> the COR.
>
> \(c\) Non-technical Administrative Correspondence. All correspondence,
> other than technical correspondence, shall be addressed to the
> Contracting Officer or Contract Specialist designated in ORO G25, with
> information copies of the correspondence to the DOE COR.
>
> \(d\) Subject Line(s). All correspondence shall contain a subject line
> commencing with the contract number, as illustrated below:
>
> \"SUBJECT: Contract No. (Insert the contract number), (Insert subject
> topic after contract number, e.g., \"Request for subcontract placement
> consent\")\".

[]{#__RefHeading___Toc161106788 .anchor}**G.2 ORO G10 SUBMISSION OF
VOUCHERS/INVOICES (OCT 2004) (REVISED)**

> \(a\) The Contractor shall submit invoices in accordance with the FAR
> payment clause in Section I of the contract (unless prior written
> consent from the Contracting Officer for more frequent billing is
> obtained). The period of performance covered by the invoices should be
> the same as covered by any required monthly cost management reports.
>
> \(b\) The invoice (Standard Form 1034 located at
> <http://professionals.pr.doe.gov/ma5/MA-5Web.nsf/Procurement/ProcurementForms?OpenDocument>
> ) should include a statement of cost for services rendered. This
> statement should include, as a minimum, a breakout by cost or price
> element and task order (if applicable) of all services actually
> provided by the Contractor, both for the current billing period and
> cumulatively for the entire contract. The statement of cost must
> include a certification statement (see Clause ORO G15) signed by a
> responsible official of the Contractor. The Contractor is required to
> submit payment invoices and supporting documentation electronically
> through the Vendor Inquiry Payment Electronic Reporting System
> (VIPERS) which is accessible at
> <http://finweb.oro.doe.gov/vipers.htm>.
>
> The website provides the vendor the following system capability,
> required Electronic Funds Transfer (EFT) banking form/information, and
> instructions:

-   Logon to Vipers

-   Request Access

-   Vendor Banking Data Form

-   Registration

-   Invoice Status

-   Electronic Invoicing

    []{#__RefHeading___Toc161106789 .anchor}**G.3 ORO G20 CONTRACTING
    OFFICER\'S REPRESENTATIVE (COR) (MAY 1997)**

The Contracting Officer\'s Representative will be designated by separate
letter and will represent the Contracting Officer in the technical
phases of the work. A copy of this designation letter shall be furnished
to the Contractor. The COR is not authorized to change any of the terms
and conditions of this contract. Changes in the Scope of Work will be
made only by the Contracting Officer by properly written modification(s)
to the contract. Additional Contracting Officer\'s Representative(s) for
other purposes as required may be designated in writing by the
Contracting Officer.

[]{#__RefHeading___Toc161106790 .anchor}**G.4 ORO G30 CONTRACT TECHNICAL
MONITOR (MAY 1997)\
**

The Contract Technical Monitor (CTM) may be designated by separate
letter by the COR. The CTM assists the Contracting Officer
Representative. The CTM is not authorized to change any of the terms and
conditions of the contract. Changes in the Scope of Work will be made
only by the Contracting Officer by properly written modification(s) to
the contract.

[]{#__RefHeading___Toc161106791 .anchor}**G.5 ORO G25 CONTRACT
ADMINISTRATION (MAY 1997)**

The contract will be administered by:

U.S. Department of Energy

Oak Ridge Office

Procurement and Contracts Division

ATTN: **To Be Determined**

P.O. Box 2001

Oak Ridge, Tennessee 37831

Written communication shall make reference to the contract number and
shall be mailed to the Contract Specialist designated via separate
correspondence to the above address.

[]{#__RefHeading___Toc161106792 .anchor}**SECTION H - SPECIAL CONTRACT
REQUIREMENTS**

[]{#__RefHeading___Toc161106793 .anchor}**H.1 ORO H01 CONSECUTIVE
NUMBERING (MAY 1997)**

Due to automated procedures employed in formulating this document,
clauses contained within it may not always be consecutively numbered.

[]{#__RefHeading___Toc161106794 .anchor}**H.2 ORO H05 MODIFICATION
AUTHORITY (MAY 1997)**

Notwithstanding any of the other clauses of this contract, the
Contracting Officer shall be the only individual authorized to:

\(a\) Accept nonconforming work,

\(b\) Waive any requirement of this contract, or

\(c\) Modify any term or condition of this contract.

[]{#__RefHeading___Toc161106795 .anchor}**H.3 ORO H15 ORDERING PROCEDURE
(MAY 1997) (REVISED)**

Performance under this contract shall be subject to the following
ordering procedure:

> \(a\) The Contractor shall incur costs under this contract only in
> accordance with this ordering procedure. No other costs are authorized
> without the express written consent of the Contracting Officer.
>
> \(b\) From time to time during the period of performance of this
> contract, Task Orders will be approved in writing by the Contracting
> Officer to the Contractor designating (1) the task to be performed;
> (2) the schedule of performance; (3) authorized travel; (4) not to
> exceed ceiling price and/or cost and fee (if applicable) and DPLH; and
> (5) any Government-furnished property. Such Task Orders will specify
> deliverables and required delivery dates. Deliverables may consist of
> statements, charts, reports, briefing notes, tabulations, viewgraphs,
> and other forms of presentation as appropriate. If appropriate, based
> on 48 CFR 945, property which is Government-furnished or
> Contractor-acquired will also be listed in the property schedules of
> this contract as well as in the individual Task Orders.
>
> \(c\) Task Orders will be issued on forms specified and provided by
> the Government. Task Orders will be numbered. A revision to a Task
> Order will be identified by a numeric designation following the
> existing Task Order number indicating the revision sequence.
>
> \(d\) The Contractor shall submit within ten (10) calendar days, after
> receipt of each Task Order issued by the Contracting Officer, a
> one-time Contractor Task Plan. The Task Plan is the Contractor\'s
> overall estimate for the completion of the Task Order and shall
> include the following:
>
> \(1\) Date of commencement of work, and any necessary revision to the
> schedule of performance.
>
> \(2\) Direct Productive Labor-Hours (DPLH), both straight and
> overtime, (if authorized), on a monthly basis by applicable labor
> category, and the total DPLH, including those in paragraph (4) below,
> estimated to complete the task.
>
> \(3\) The travel and material estimate.
>
> \(4\) An estimate for subcontractors and consultants; including the
> DPLH, if applicable.
>
> \(5\) Estimated computer use time required, if applicable.
>
> \(6\) Other pertinent information, indirect costs, consultants,
> interdivisional transfers, etc.
>
> \(7\) The total ceiling price for completion of the Task Order.
>
> \(e\) The Contractor\'s Task Plan is subject to the approval of the
> Contracting Officer. If the approved Task Plan estimate of DPLH and
> dollars differ from the Task Order, a revised Task Order incorporating
> the approved Task Plan estimate of DPLH and dollars will be issued.
> After a Task Order is issued, if any revision becomes necessary to the
> ceiling price or level of effort, the Contractor shall promptly submit
> to the Contracting Officer a revised Task Plan with explanatory notes.
> Revised Task Plans submitted by the Contractor are subject to the
> approval of the Contracting Officer and a revised Task Order is
> required if a Revised Task Plan is approved.
>
> \(f\) Ceiling price and DPLH shall be tracked by the Contractor for
> each task order. The contractor shall notify the Contracting Officer
> in writing whenever it has reason to believe that either the costs or
> DPLH it expects to incur under a task order in the next 60 days, when
> added to all costs or DPLH previously incurred, will exceed 75 percent
> of the total ceiling price or DPLH designated on the task order.
>
> \(g\) Orders shall be issued for completion only within the TERM OF
> CONTRACT, unless unexercised options to extend the term are available
> to the Government. In that event, any task period of performance is
> considered provisional unless the TERM OF CONTRACT is extended.
>
> \(h\) This ordering procedure is of a lesser order of precedence than
> the \"Limitation of Cost,\" \"Limitation of Funds,\" \"Completion
> Dates,\" \"Term of Contract,\" \"Level of Effort\" or clauses of the
> contract. The Contractor is not authorized to incur costs on Task
> Orders which are not in compliance with any of those clauses of the
> contract.

[]{#__RefHeading___Toc161106796 .anchor}**H.4 ORO H35 SAFETY AND HEALTH
(JAN 2006)**

The Contractor shall take all reasonable precautions in the performance
of the work under this contract to protect the safety and health of
employees and of members of the public and shall comply with all
applicable safety and health regulations and requirements set forth in
29 CFR Part 1910, Occupational Safety and Health Standards for General
Industry; 29 CFR Part 1926, Occupational Safety and Health Standards for
Construction Industry; and 29 CFR Part 1904, Recording and Reporting
Occupational Injuries and Illnesses. In addition, all workers shall wear
eye and head protection that complies with American National Standards
Institute (ANSI) Z87.1, Z89.1 and Z89.2 at all times while in designated
construction or operational areas.

[]{#__RefHeading___Toc161106797 .anchor}**H.5 ORO H45 SECURITY
QUALIFICATIONS ALTERNATE I (JAN 2006) (REVISED)**

> \(a\) The Contractor may be required to perform work in designated
> security areas or work with documents or information which may require
> an access authorization (clearance). Additionally, the scope of their
> work may require enrollment into the Human Reliability Program (HRP).
> The HRP is addressed in 10 CFR Part 712. The Contractor shall ensure
> that all personnel assigned under this contract and working with
> classified possess a DOE \"Q\" or \"L\" access authorization
> (clearance) matching the classification level of the data and
> information the employee will be required to work on in the
> performance of their assigned tasks.
>
> \(b\) In the case of those individuals that do not require a \"Q\" or
> \"L\" they will possess, if required, as a minimum a Limited Site
> Specific Only (LSSO) badge and meet all access authorization
> requirements per HSPD-12, DOE N 206.3, and local procedures. For
> employees requiring DOE \"Q\" or \"L\" security clearances and/or LSSO
> badge, the Contractor shall not employ anyone who is not a citizen of
> the United States. (Clearance-Access authorizations are granted by the
> DOE pursuant to 10 CFR Part 710.) Security Badges must be worn
> properly at all times while working at any of the DOE and NNSA
> facilities.
>
> \(c\) Clearances will be provided and paid for by DOE. The request for
> clearance and renewal of clearances must be justified based on actual
> job performance requirements. The Contracting Officer (CO), in
> coordination with the appropriate federal security representative, may
> waive the clearance requirement for personnel not involved with
> classified information while the appropriate access authorizations or
> badges are being processed, or for personnel associated with the
> program for short periods of time, such as consultants. In these
> cases, security requirements regarding these circumstances will be
> followed. The Contractor, on a case-by-case basis, will provide its
> own cleared escorts as needed. The Contracting Officer\'s
> Representative or Contract Technical Monitor (COR/CTM) will approve
> contractor personnel for escort privileges and provide escort
> training.
>
> \(d\) The Contractor shall be required to conduct pre-employment
> investigative screening of prospective employees in order to ensure
> trustworthiness and reliability for all individuals who do not possess
> a DOE \"Q\" access authorization. For these individuals, the
> Contractor shall provide certification to the COR that an
> investigative screening has been completed prior to employment. The
> certification shall include, as a minimum, verification of personal
> identity, previous employment and education, and the results of a
> credit and law enforcement check.
>
> \(e\) Requests for access authorization shall not be submitted until
> the contract has been awarded, and a favorable Foreign Ownership,
> Control, or Influence (FOCI) determination must be rendered by DOE
> before an access authorization will be granted, reinstated, continued,
> extended, or transferred for the contractor\'s applicant employment.
> Upon contract award, the Contractor is encouraged to use the DOE
> Accelerated Access Authorization Program (AAAP) to obtain an Interim
> \"Q\" access authorization. The request for AAAP shall include the
> certified results of the pre-employment investigative screening of the
> prospective employee and a local federal review prior to approved
> submission under AAAP.
>
> \(f\) The Contractor shall turn in badges for employees: (1) who are
> no longer working on the contract; (2) who no longer require access;
> (3) when their badge expires; or (4) when the contract expires or is
> terminated. Badges shall be returned to the individual handling
> security terminations. Notification of employment terminations
> supporting this contract will be made in writing to the CO and
> COR/CTM.
>
> \(g\) In addition to the possible requirement of holding an access
> authorization, individuals, if the work position is identified as
> requiring enrollment in the Human Reliability Program (HRP) and/or
> maintaining currency under certain program requirements (e.g., annual
> HRP training) must be willing to comply with all regulatory
> requirements to be granted access under the HRP federal rules and
> local procedures.

[]{#__RefHeading___Toc161106798 .anchor}**H.6 ORO H50 SAFEGUARDS AND
SECURITY AWARENESS PROGRAM (MAY 1997)**

The contractor shall establish and maintain a Safeguards and Security
Awareness Program acceptable to the Department of Energy (DOE) which
satisfies the requirements of DOE Order 470.1. A Safeguards Security
Awareness Coordinator must be appointed and will be responsible for
ensuring all employees, cleared and uncleared, who are assigned to a DOE
facility or who are performing work involving access to classified
facilities, classified information, or special nuclear materials are
informed of their security responsibilities. Any subcontracts in support
of this work shall require subcontractors to comply with the
contractor\'s Safeguards and Security Awareness Program.

[]{#__RefHeading___Toc161106799 .anchor}**H.7 ORO H55 QUALITY ASSURANCE
SYSTEM (JAN 2006)**

In the conduct of the work performed under this contract, the Contractor
agrees to establish and/or maintain an acceptable quality assurance
system. As required by DOE Order 414.1C, Quality Assurance, a quality
assurance plan shall be submitted to DOE for approval. The contractor
has responsibility to perform activities in connection with a nuclear
facility, as defined by Title 10 Code of Federal Regulations (CFR) 820,
Procedural Rules for DOE Nuclear Activities, and Title 10 CFR 830,
Nuclear Safety Management, specifically Section 830.3; therefore, the
applicability of the requirements in Section 830.120-830.122 shall
apply. Any subcontracts in support of this work shall require
subcontractors to comply with the Contractor\'s quality assurance
system.

[]{#__RefHeading___Toc161106800 .anchor}**H.8 ORO H58 HUMAN RESOURCES
CONSIDERATIONS ALTERNATE 1 (JAN 2005)** **(REVISED)**

The Contractor shall, for purposes of vacation and severance pay only,
credit those employees it hires from the predecessor contractor with
length of service credit for any continuous employment. The Contractor
shall not credit prior service for any other purpose.

The contractor shall provide incumbent employees a comparable pay and a
benefits package that provides for a market-based retirement and medical
benefit program competitive to their industry. Non-incumbent employees
will be provided a market-based pay and benefits package that is
consistent with the Service Contract Act. Contractors shall develop and
implement welfare benefit programs that meet the tests of allowability
and reasonableness established by Federal Acquisition Regulation
31.205-6.

The contractor shall provide the transitioned employees with a 401K
retirement savings plan with no enrollment waiting period. In addition,
the contractor shall provide the transition employees with a medical
benefits program with no enrollment waiting period or pre-existing
conditions exclusion.

The contractor shall keep DOE advised of all vacancies that occur under
the contract.

[Severance Pay]{.underline}

Severance pay is an unallowable cost at the end of the Contract for any
employee who receives an offer of employment with a replacement
contractor or subcontractor or another DOE contractor or subcontractor
with comparable benefits.

[Additional HR Requirements]{.underline}

The contractor shall comply with the Service Contract Act. The
contractor shall resolve all employee concerns and any other human
resource matters arising under the contract.

[]{#__RefHeading___Toc161106801 .anchor}**H.9 ORO H60 OBSERVANCE OF
LEGAL HOLIDAYS (SEPT 1999)**

> \(a\) Government personnel observe the listed days as holidays. The
> Contractor shall conform to holidays observed by the Government and
> any other day designated by Federal statutes, Executive Orders, or
> Presidential proclamation: New Year\'s Day, Martin Luther King Day,
> President\'s Day, Memorial Day, Independence Day, Labor Day, Columbus
> Day, Veterans Day, Thanksgiving Day, and Christmas Day.
>
> \(b\) The Contractor agrees to continue to provide sufficient
> personnel to perform critical tasks already in operation or scheduled
> and shall be guided by the instructions issued by the Contracting
> Officer.

[]{#__RefHeading___Toc161106802 .anchor}**H.10 ORO H63 INSURANCE (FEB
2000)**

> \(a\) Except as provided in subparagraph (b) immediately following,
> the Contractor shall provide and maintain:

TYPE OF INSURANCE AMOUNT

Worker\'s compensation \$100,000

Employer\'s liability \$100,000

Comprehensive general liability \$500,000 per occurrence

(bodily injury)

Comprehensive automobile \$200,000 per person and

liability (bodily injury) \$500,000 per occurrence

Comprehensive automobile \$20,000 per occurrence

liability (property damage)

> \(b\) The Contractor may, with the approval of the Contracting
> Officer, maintain a self-insurance program; provided that, with
> respect to worker\'s compensation, the Contractor is qualified
> pursuant to statutory authority.

[]{#__RefHeading___Toc161106803 .anchor}**H.11 ORO H65 CONFIDENTIALITY
OF INFORMATION (MAY 1997)**

> \(a\) To the extent that the work under this contract requires that
> the Contractor be given access to confidential or proprietary
> business, technical, or financial information belonging to the
> Government or other companies, the Contractor shall after receipt
> thereof, treat such information as confidential and agrees not to
> appropriate such information to its own use or to disclose such
> information to third parties unless specifically authorized by the
> Contracting Officer in writing. The foregoing obligations, however,
> shall not apply to:
>
> \(1\) Information which, at the time of receipt by the Contractor, is
> in public domain;
>
> \(2\) Information which is published after receipt thereof by the
> Contractor or otherwise becomes part of the public domain through no
> fault of the Contractor;
>
> \(3\) Information which the Contractor can demonstrate was in its
> possession at the time of receipt thereof and was not acquired
> directly or indirectly from the Government or other companies;
>
> \(4\) Information which the Contractor can demonstrate was received by
> it from a third party who did not require the Contractor to hold it in
> confidence.
>
> \(b\) The Contractor shall obtain the written agreement, in a form
> satisfactory to the Contracting Officer, of each employee permitted
> access, whereby the employee agrees that he will not discuss, divulge
> or disclose any such information or data to any person or entity
> except those persons within the Contractor\'s organization directly
> concerned with the performance of the contract.
>
> \(c\) The Contractor agrees, if requested by the Government, to sign
> an agreement identical, in all material respects, to the provisions of
> this clause, with each company supplying information to the Contractor
> under this contract, and to supply a copy of such agreement to the
> Contracting Officer.
>
> \(d\) The Contractor agrees that upon request by DOE it will execute a
> DOE-approved agreement with any party whose facilities or proprietary
> data it is given access to or is furnished, restricting use and
> disclosure of the data or the information obtained from the
> facilities. Upon request by DOE, such an agreement shall also be
> signed by Contractor personnel.
>
> \(e\) This clause shall flow down to all appropriate subcontracts.

[]{#__RefHeading___Toc161106804 .anchor}**H.12 GOVERNMENT PROPERTY (JUL
2006)**

> \(a\) The Government shall provide space, utilities (including
> telephones and telephone service), equipment, and supplies necessary
> for the contractor to accomplish the work set forth in the Performance
> Work Statement.
>
> \(b\) All government furnished property and contractor acquired
> property is a deemed export if the company employees any foreign
> nationals who are working with the property.
>
> \(c\) Ordering supplies shall be through the ORO Stores. The
> Contracting Officer\'s Representative (COR) will approve requisitions
> prior to ordering. Removal of government-furnished property shall be
> in accordance with an inventory management program approved by the
> COR. Government-furnished property shall only be used for the
> accomplishment of work approved under this contract.
>
> \(d\) Equipment repair shall be at ORO expense. The source of
> maintenance shall be recommended by the contractor and approved by the
> COR.

[]{#__RefHeading___Toc161106805 .anchor}**H.13 ORO H117 SOFTWARE MADE
AVAILABLE FOR CONTRACTOR\'S USE (SEPT 1999)**

> \(a\) The Government, from time to time, may make certain software
> acquired under license available to the Contractor for its use in the
> performance of this contract.
>
> \(b\) The Contractor recognizes and acknowledges that such software or
> data contained therein may be proprietary and confidential to a third
> party.
>
> \(c\) The Contractor agrees that it and its employees will not use
> copy, disclose, modify, or reverse engineer such software except as
> permitted by the license and any other terms and conditions under
> which the software is made available to the Contractor.
>
> \(d\) The Contractor is not authorized to violate any software
> licensing agreement, or to cause the Government to violate any
> licensing agreement. If, at any time during the performance of this
> contract, the Contractor has reason to believe that its utilization of
> Government furnished software may involve or result in a violation of
> DOE\'s licensing agreement, the Contractor shall promptly notify the
> Contracting Officer, in writing, of the pertinent facts and
> circumstances. Pending direction from the Contracting Officer, the
>
> contractor shall continue to perform to the full extent possible
> without utilizing the software in question.

\(e\) Paragraphs (a) through (d) of this clause shall flow down to all
subcontracts.

[]{#__RefHeading___Toc161106806 .anchor}**H.14 RESERVED**

[]{#__RefHeading___Toc161106807 .anchor}**H.15 ORO H150 REPRESENTATIONS,
CERTIFICATIONS AND OTHER STATEMENTS OF THE OFFEROR (MAY 1997)**

The Representations, Certifications, and Other Statements of the
Offeror, dated August 23, 2006, for this contract are, by reference,
hereby incorporated in and made a part of this contract.

[]{#__RefHeading___Toc161106808 .anchor}**H.16 ORO H155 CONTRACTOR
EMPLOYEE CHECKOUT (MAR 2004)**

The Contractor must notify the Contracting Officer and the DOE
Information Resources Management Division when an employee terminates
employment with the company. This notification is required to ensure
that all government-issued equipment and property assigned to the
departing employee has been recovered and that access to facilities and
computer networks has been terminated. Government-issued equipment and
property includes, but is not limited to, keys, office equipment,
computer equipment (hardware and software), manuals and books,
telecommunications equipment, corporate credit cards, calling cards,
badges, uniforms, tools, and safety gear. A notification must be
completed for each employee terminating.

[]{#__RefHeading___Toc161106809 .anchor}**H.17 ORO H160 DOE SPECIFIC
DEFINITIONS (REFERENCE 952.202-1 DATED APR 2002)**

> \(a\) Head of Agency means: (i) The Secretary; (ii) Deputy Secretary;
> (iii) Under Secretaries of the Department of Energy and (iv) the
> Chairman, Federal Energy Regulatory Commission. (DEAR)
>
> \(b\) The term DOE means the Department of Energy, FERC means the
> Federal Energy Regulatory Commission, and NNSA means the National
> Nuclear Security Administration.

\(c\) The term Senior Procurement Executive means, for DOE:

> Department of Energy\--Director, Office of Procurement and Assistance
> Management, DOE;
>
> National Nuclear Security Administration\--Administrator for Nuclear
> Security, NNSA; and

Federal Energy Regulatory Commission\--Chairman, FERC.

[]{#__RefHeading___Toc161106810 .anchor}**H.18 ORO H165 LOBBYING
RESTRICTION (ENERGY AND WATER ACT 2006)**

The contractor agrees that none of the funds obligated on this award
shall be expended, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, as described in 18 U.S.C. 1913. This restriction is in
addition to those prescribed elsewhere in statute and regulation.

[]{#__RefHeading___Toc161106811 .anchor}**H.19 ORO H167 NOTICE REGARDING
THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS - SENSE OF CONGRESS
(FEB 2004)**

It is the sense of the Congress that, to the greatest extent
practicable, all equipment and products purchased with funds made
available under this award should be American-Made.

[]{#__RefHeading___Toc161106812 .anchor}**H.20 ORO H175 HOURS OF
OPERATION (APR 2005) (REVISED)**

Activities shall be performed during a normal work week (Monday-Friday)
of five eight-hour days per employee, excluding Federal holidays and
emergency closings as determined by the Government. Work shall normally
be performed between the hours of 7:00 a.m. and 5:00 p.m. Outside of
normal operating hours, on-call personnel will be required to provide
timely 24-hour support for network operational and security failures to
ensure continuous operation and security of the ORO local area network
and wide area network. The ORO networks and network resources will be
required to be operational from 6:00 a.m. to 12:00 a.m., Monday through
Saturday. Planned outages during these core hours must be scheduled
sufficiently in advance (normally no less than five business days) to
ensure notification to network users. COR approval is required prior to
all planned outages during core hours. The Help Desk/Resource Center is
required to be staffed during normal operating hours. The Contractor
will monitor and manage vacation and sick leave of the personnel
supporting this effort and ensure that technical areas have personnel
present during normal operating hours and that either the Program
Manager or one of the key personnel are present during normal operating
hours. COR/contract task monitor approval is required prior to
performing overtime work.

If the Oak Ridge Office facility becomes inaccessible to the contractor
and no other local office or facility is available, DOE will pay for
administrative leave for the necessary duration of the impacted
employees. DOE will notify the Program Manager to make notification to
its employees in a manner that is consistent with its company policies.

[]{#__RefHeading___Toc161106813 .anchor}**H.21 ORO H176 EMPLOYEE
TRAINING (APR 2005)**

Contractor\'s Responsibility: The contractor shall provide fully
qualified and trained personnel from its own resources to support ORO
requirements. ORO may provide training assistance at its discretion at
no cost to the contractor. All training must be approved by the COR.

Mandatory Training: The contractor shall ensure that all employees
attend safety and security training once within 30 days of beginning
performance on this contract and at least once annually thereafter.
Contractor shall ensure that every employee is instructed to safely and
competently perform the work.

[]{#__RefHeading___Toc161106814 .anchor}**H.22 ORO H177 CLEANLINESS OF
THE WORK AREA (APR 2005)**

The contractor has responsibility for maintaining the areas under its
control in an acceptable and orderly manner, and for disposing of waste
in accordance with established Department of Energy procedures. Routine
janitorial cleaning will be provided by DOE.

[]{#__RefHeading___Toc161106815 .anchor}**H.23 ORO H178 STANDARDS OF
CONDUCT (APR 2005)**

The contractor shall be responsible for maintaining satisfactory
standards of employee competency, conduct, appearance, and integrity and
shall be responsible for taking such disciplinary action with respect to
its employees as may be necessary. All persons employed in the
performance of this contract shall comply with the regulations and
procedures pertaining to access and use of Government buildings,
grounds, vehicles, equipment, and other property. Unofficial work or
work unrelated to the contract cannot be performed at Government
facilities.

[]{#__RefHeading___Toc161106816 .anchor}**H.24 ORO H179 OTHER CONTRACTS
(APR 2005)**

The Government may undertake or award other contracts for additional
work, and the contractor shall fully cooperate with such other
contractors and Government employees and carefully fit its own work to
such other additional work as may be directed by the Contracting
Officer. The contractor shall not commit or permit any act which will
interfere with the performance of work by another contractor or by
Government employees.

[]{#__RefHeading___Toc161106817 .anchor}**H.25 ORO H190 COMPLIANCE WITH
FIPS PUB 201 (OCT 2005)**

This contract involves the acquisition of hardware, software, or
services related to physical access to Federal premises or electronic
authentication or access control to a Federal agency\'s computer systems
and electronic infrastructure. Any such hardware, software, or services
delivered under this contract shall comply with FIPS Pub 201, and FIPS
Pub 201 shall take precedence over any conflicting performance
requirement of this contract. Should the contractor find that the
performance work statement or specifications of this contract do not
conform to FIPS Pub 201, it shall notify the Contracting Officer of such
nonconformance and shall act in accordance with instructions of the
Contracting Officer.

[]{#__RefHeading___Toc161106818 .anchor}**H.26 ORO H195 ACCESS TO
DOE-OWNED OR LEASED FACTILITIES (OCT 2005)**

> \(a\) The performance of this contract requires that employees of the
> Contractor have physical access to DOE-owned or leased facilities;
> however, this clause does not control requirements for an employee\'s
> obtaining a security clearance. The Contractor understands and agrees
> that DOE has a prescribed process with which the Contractor and its
> employees must comply in order to receive a security badge that allows
> such physical access. The Contractor further understands that it must
> propose employees whose background offers the best prospect of
> obtaining a security badge approval for access, considering the
> following criteria, which are not all inclusive and may vary depending
> on access requirements:

\(1\) is the employee, or is the employee suspected of being, a
terrorist?

\(2\) is the employee the subject of an outstanding warrant?

\(3\) has the employee deliberately omitted, concealed, or falsified
relevant and material facts from any Questionnaire for National Security
Positions (SF-86), Questionnaire for Non-Sensitive Positions (SF-85), or
similar form?

\(4\) has the employee presented false or forged identity source
documents?

\(5\) has the employee been barred from Federal employment?

\(6\) is the employee currently awaiting a hearing or trial or has the
employee been convicted of a crime punishable by imprisonment of six (6)
months or longer?

\(7\) is the employee awaiting or serving a form of pre-prosecution
probation, suspended or deferred sentencing, probation or parole in
conjunction with an arrest or criminal charges against the individual
for a crime that is punishable by imprisonment of six (6) months or
longer?

\(b\) The Contractor shall assure:

> \(1\) In initiating the process for gaining physical access, (i)
> compliance with procedures established by DOE in providing its
> employee(s) with any forms directed by DOE, (ii) that the employee
> properly completes any forms, and (iii) that the employee(s) submits
> the forms to the person designated by the Contracting Officer.
>
> \(2\) In completing the process for gaining physical access, that its
> employee (i) cooperates with DOE officials responsible for granting
> access to DOE -owned or leased facilities and (ii) provides additional
> information, requested by those DOE officials.
>
> \(c\) The Contractor understands and agrees that DOE may unilaterally
> deny a security badge to an employee and that the denial remains
> effective for that employee unless DOE subsequently determines that
> access may be granted. Upon notice from DOE that an employee\'s
> application for a security badge is or will be denied, the Contractor
> shall promptly identify and submit the forms referred to in
> subparagraph (b)(1) of this clause for the substitute employee. The
> denial of a security badge to individual employees by DOE shall not be
> cause for extension of the period of performance of this Contract or
> any contractor claim against DOE.
>
> \(d\) The Contractor shall return to the Contracting Officer or
> designee the badge(s) or other credential(s) provided by DOE pursuant
> to this clause, granting physical access to DOE -owned or leased
> facilities by the Contractor\'s employee(s), upon (1) the termination
> of this Contract; (2) the expiration of this Contract; (3) the
> termination of employment on this Contract by an individual employee;
> or (4) demand by DOE for return of the badge.
>
> \(e\) The Contractor shall include this clause, including this
> paragraph (e), in any subcontract, awarded in the performance of this
> Contract, in which an employee(s) of the subcontractor will require
> physical access to DOE-owned or leased facilities.

[]{#__RefHeading___Toc161106819 .anchor}**H.27 ORO H201 SECTION 8(A)
DIRECT AWARD (APR 2005)**

> \(a\) This contract is issued as a direct award between the
> contracting activity and the 8(a) contractor pursuant to the
> Partnership Agreement between the Small Business Administration (SBA)
> and the Department of Energy. SBA does retain responsibility for 8(a)
> certifications, 8(a) eligibility determinations and related issues,
> and providing counseling and assistance to the 8(a) contractor under
> the 8(a) program. The cognizant SBA district office is Nashville, TN.
>
> \(b\) The contracting activity is responsible for administering the
> contract and taking any action on behalf of the Government under the
> terms and conditions of the contract. However, the contracting
> activity shall give advance notice to the SBA before it issues a final
> notice terminating performance, either in whole or in part, under the
> contract. The contracting activity shall also coordinate with the SBA
> prior to processing any novation agreement. The contracting activity
> may assign contract administration functions to a contract
> administration office.

\(c\) The contractor agrees:

> \(1\) to notify the Contracting Officer, simultaneous with its
> notification to SBA (as required by SBA\'s 8(a) regulations), when the
> owner or owners upon whom 8(a) eligibility is based plan to relinquish
> ownership or control of the concern. Consistent with 15 U.S.C.
> 637(a)(21), transfer of ownership or controls shall result in
> termination of the contract for convenience, unless SBA waives the
> requirement for termination prior to the actual relinquishing of
> ownership and control;

(2) it will adhere to the requirements of FAR 52.219-14, Limitations on
    Subcontracting.

    []{#__RefHeading___Toc161106820 .anchor}**H.28 LIMITATION OF FUNDS
    (TIME AND MATERIAL) (JAN 2006) (REVISED)**

> \(a\) The parties estimate that performance of this contract will not
> exceed the ceiling price as specified in the clause in Section B
> entitled Type of Contract and Ceiling Price (Feb 2005). However, the
> contract will not initially be fully funded to this amount. Funds will
> be added incrementally by modification to the contract.
>
> \(b\) The clause in Section B entitled ORO B30 Obligation of Funds
> (Time and Material) Alternate III (Jan 2004) specifies the amount
> presently available for payment by the Government and allotted to this
> contract. The parties contemplate that the Government will allot
> additional funds incrementally to the contract up to the full ceiling
> price. The Contractor agrees to perform, or have performed, work on
> the contract up to the point at which the total amount paid and
> payable by the Government under the contract approximates but does not
> exceed the total amount actually allotted by the Government to the
> contract.
>
> \(c\) The Contractor shall notify the Contracting Officer in writing
> whenever it has reason to believe the costs it expects to incur under
> this contract in the next 30 days, when added to all costs previously
> incurred, will exceed 85 percent of the total amount so far obligated
> to the contract by the Government. The notice shall state the
> estimated amount of additional funds required to continue performance
> for the period specified in the Schedule.
>
> \(d\) If, after notification, additional funds are not allotted by the
> end of the period specified in the Schedule or another agreed-upon
> date, upon the Contractor's written request the Contracting Officer
> will terminate this contract on that date in accordance with the
> provisions of the Termination clause of this contract. If the
> Contractor estimates that the funds available will allow it to
> continue performance beyond that date, it may specify a later date in
> its request, and the Contracting Officer may terminate this contract
> on that later date.
>
> \(e\) Except as required by other provisions of this contract,
> specifically citing and stated to be an exception to this clause---
>
> \(1\) the Government is not obligated to reimburse the Contractor for
> costs incurred in excess of the total amount allotted by the
> Government to this contract; and
>
> \(2\) the Contractor is not obligated to continue performance under
> this contract (including actions under the clause in Section I
> entitled 52.249-6 Termination (Cost-Reimbursement) (May 2004)
> Alternate IV (Sep 1996)) or otherwise incur costs in excess of the
> amount then allotted to the contract by the Government.
>
> \(f\) No notice, communication, or representation in any form other
> than an executed contract modification or from any person other than
> the Contracting Officer, shall affect the amount allotted by the
> Government to this contract. In the absence of the specified notice,
> the Government is not obligated to reimburse the Contractor for any
> costs in excess of the total amount allotted by the Government to this
> contract, whether incurred during the course of the contract or as a
> result of termination.
>
> \(g\) When and to the extent that the amount allotted by the
> Government to the contract is increased, any costs the Contractor
> incurs before the increase that are in excess of the amount previously
> allotted by the Government shall be allowable to the same extent as if
> incurred afterward, unless the Contracting Officer issues a
> termination or other notice and directs that the increase is solely to
> cover termination or other specified expenses.
>
> \(h\) Change orders shall not be considered an authorization to exceed
> the amount alotted by the Government specified in the Schedule, unless
> they contain a statement increasing the amount allotted.
>
> \(i\) Nothing in this clause shall affect the right of the Government
> to terminate this contract. If this contract is terminated, the
> Government and the Contractor shall negotiate an equitable
> distribution of all property produced or purchased under the contract,
> based upon the share of costs incurred by each.

[]{#__RefHeading___Toc161106821 .anchor}**H.29 COMPUTER SYSTEMS SECURITY
(MAY 2006)**

\(a\) The Contractor agrees to comply with the applicable DOE Orders and
all other regulations and requirements pertaining to computer systems
security.

> \(b\) The Contractor shall immediately issue written notification
> through the Contracting Officer's Representative to the Department of
> Energy, Oak Ridge Office Computer Security Site Manager or Computer
> Protection Program Manager when an employee of the Contractor is no
> longer working on the contract or no longer requires access to Oak
> Ridge Office computer systems.

[]{#__RefHeading___Toc161106822 .anchor}**H.30 PROTECTION OF GOVERNMENT
PROPERTY -- MANAGEMENT OF HIGH-RISK PROPERTY AND CLASSIFIED MATERIALS**

The contractor shall take all reasonable precautions, and such other
actions as may be directed by the contracting officer, or in the absence
of such direction, in accordance with sound business practice, to
safeguard and protect government property in the contractor's possession
or custody. In addition, the contractor shall ensure that adequate
safeguards are in place, and adhered to, for the handling, control, and
disposition of high-risk property and classified materials throughout
the life cycle of the property and materials consistent in the Federal
Property Management Regulations (41 CFR Chapter 101), the Department of
Energy Property Management Regulations (41 CFR Chapter 109), and other
applicable regulations.

High-risk property is property, the loss, destruction, damage to, or the
unintended or premature transfer of which could pose risks to the
public, the environment, or the national security interests of the
United States. High-risk property includes proliferation sensitive,
nuclear related dual use, export controlled, chemically or radioactively
contaminated, hazardous, and specially designed and prepared property,
including property on the militarily critical technologies list.

[]{#__RefHeading___Toc161106823 .anchor}**SECTION I - CONTRACT CLAUSES**

[]{#__RefHeading___Toc161106824 .anchor}**I.1 52.202-1 DEFINITIONS (JUL
2004)**

> \(a\) When a solicitation provision or contract clause uses a word or
> term that is defined in the Federal Acquisition Regulation (FAR), the
> word or term has the same meaning as the definition in FAR 2.101 in
> effect at the time the solicitation was issued, unless\--
>
> \(1\) The solicitation, or amended solicitation, provides a different
> definition;
>
> \(2\) The contracting parties agree to a different definition;
>
> \(3\) The part, subpart, or section of the FAR where the provision or
> clause is prescribed provides a different meaning; or
>
> \(4\) The word or term is defined in FAR Part 31, for use in the cost
> principles and procedures.
>
> \(b\) The FAR Index is a guide to words and terms the FAR defines and
> shows where each definition is located. The FAR Index is available via
> the Internet at http://www.acqnet.gov at the end of the FAR, after the
> FAR Appendix.

[]{#__RefHeading___Toc161106825 .anchor}**I.2 52.203-3 GRATUITIES (APR
1984)**

> \(a\) The right of the Contractor to proceed may be terminated by
> written notice if, after notice and hearing, the agency head or a
> designee determines that the Contractor, its agent, or another
> representative -
>
> \(1\) Offered or gave a gratuity (*e.g*., an entertainment or gift) to
> an officer, official, or employee of the Government; and
>
> \(2\) Intended, by the gratuity, to obtain a contract or favorable
> treatment under a contract.
>
> \(b\) The facts supporting this determination may be reviewed by any
> court having lawful jurisdiction.
>
> \(c\) If this contract is terminated under paragraph (a) of this
> clause, the Government is entitled -
>
> \(1\) To pursue the same remedies as in a breach of the contract; and
>
> \(2\) In addition to any other damages provided by law, to exemplary
> damages of not less than 3 nor more than 10 times the cost incurred by
> the Contractor in giving gratuities to the person concerned, as
> determined by the agency head or a designee. (This subparagraph (c)(2)
> is applicable only if this contract uses money appropriated to the
> Department of Defense.)
>
> \(d\) The rights and remedies of the Government provided in this
> clause shall not be exclusive and are in addition to any other rights
> and remedies provided by law or under this contract.

[]{#__RefHeading___Toc161106826 .anchor}**I.3 52.203-5 COVENANT AGAINST
CONTINGENT FEES (APR 1984)**

> \(a\) The Contractor warrants that no person or agency has been
> employed or retained to solicit or obtain this contract upon an
> agreement or understanding for a contingent fee, except a bona fide
> employee or agency. For breach or violation of this warranty, the
> Government shall have the right to annul this contract without
> liability or, in its discretion, to deduct from the contract price or
> consideration, or otherwise recover, the full amount of the contingent
> fee.
>
> \(b\) "Bona fide agency," as used in this clause, means an established
> commercial or selling agency, maintained by a contractor for the
> purpose of securing business, that neither exerts nor proposes to
> exert improper influence to solicit or obtain Government contracts nor
> holds itself out as being able to obtain any Government contract or
> contracts through improper influence.
>
> "Bona fide employee," as used in this clause, means a person, employed
> by a contractor and subject to the contractor\'s supervision and
> control as to time, place, and manner of performance, who neither
> exerts nor proposes to exert improper influence to solicit or obtain
> Government contracts nor holds out as being able to obtain any
> Government contract or contracts through improper influence.
>
> "Contingent fee," as used in this clause, means any commission,
> percentage, brokerage, or other fee that is contingent upon the
> success that a person or concern has in securing a Government
> contract.
>
> "Improper influence," as used in this clause, means any influence that
> induces or tends to induce a Government employee or officer to give
> consideration or to act regarding a Government contract on any basis
> other than the merits of the matter.

[]{#__RefHeading___Toc161106827 .anchor}**I.4 52.203-6 RESTRICTIONS ON
SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995)**

> \(a\) Except as provided in (b) of this clause, the Contractor shall
> not enter into any agreement with an actual or prospective
> subcontractor, nor otherwise act in any manner, which has or may have
> the effect of restricting sales by such subcontractors directly to the
> Government of any item or process (including computer software) made
> or furnished by the subcontractor under this contract or under any
> follow-on production contract.
>
> \(b\) The prohibition in (a) of this clause does not preclude the
> Contractor from asserting rights that are otherwise authorized by law
> or regulation.
>
> \(c\) The Contractor agrees to incorporate the substance of this
> clause, including this paragraph (c), in all subcontracts under this
> contract which exceed \$100,000.

[]{#__RefHeading___Toc161106828 .anchor}**I.5 52.203-7 ANTI-KICKBACK
PROCEDURES (JUL 1995)**

> \(a\) *Definitions*.
>
> "Kickback," as used in this clause, means any money, fee, commission,
> credit, gift, gratuity, thing of value, or compensation of any kind
> which is provided, directly or indirectly, to any prime Contractor,
> prime Contractor employee, subcontractor, or subcontractor employee
> for the purpose of improperly obtaining or rewarding favorable
> treatment in connection with a prime contract or in connection with a
> subcontract relating to a prime contract..
>
> "Person," as used in this clause, means a corporation, partnership,
> business association of any kind, trust, joint-stock company, or
> individual.
>
> "Prime contract," as used in this clause, means a contract or
> contractual action entered into by the United States for the purpose
> of obtaining supplies, materials, equipment, or services of any kind.
>
> "Prime Contractor" as used in this clause, means a person who has
> entered into a prime contract with the United States.
>
> "Prime Contractor employee," as used in this clause, means any
> officer, partner, employee, or agent of a prime Contractor.
>
> "Subcontract," as used in this clause, means a contract or contractual
> action entered into by a prime Contractor or subcontractor for the
> purpose of obtaining supplies, materials, equipment, or services of
> any kind under a prime contract.
>
> "Subcontractor," as used in this clause, (1) means any person, other
> than the prime Contractor, who offers to furnish or furnishes any
> supplies, materials, equipment, or services of any kind under a prime
> contract or a subcontract entered into in connection with such prime
> contract, and (2) includes any person who offers to furnish or
> furnishes general supplies to the prime Contractor or a higher tier
> subcontractor.
>
> "Subcontractor employee," as used in this clause, means any officer,
> partner, employee, or agent of a subcontractor.
>
> \(b\) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act),
> prohibits any person from -
>
> \(1\) Providing or attempting to provide or offering to provide any
> kickback;
>
> \(2\) Soliciting, accepting, or attempting to accept any kickback; or
>
> \(3\) Including, directly or indirectly, the amount of any kickback in
> the contract price charged by a prime Contractor to the United States
> or in the contract price charged by a subcontractor to a prime
> Contractor or higher tier subcontractor.
>
> (c)(1) The Contractor shall have in place and follow reasonable
> procedures designed to prevent and detect possible violations
> described in paragraph (b) of this clause in its own operations and
> direct business relationships.
>
> \(2\) When the Contractor has reasonable grounds to believe that a
> violation described in paragraph (b) of this clause may have occurred,
> the Contractor shall promptly report in writing the possible
> violation. Such reports shall be made to the inspector general of the
> contracting agency, the head of the contracting agency if the agency
> does not have an inspector general, or the Department of Justice.
>
> \(3\) The Contractor shall cooperate fully with any Federal agency
> investigating a possible violation described in paragraph (b) of this
> clause.
>
> \(4\) The Contracting Officer may (i) offset the amount of the
> kickback against any monies owed by the United States under the prime
> contract and/or (ii) direct that the Prime Contractor withhold from
> sums owed a subcontractor under the prime contract the amount of the
> kickback. The Contracting Officer may order that monies withheld under
> subdivision (c)(4)(ii) of this clause be paid over to the Government
> unless the Government has already offset those monies under
> subdivision (c)(4)(i) of this clause. In either case, the Prime
> Contractor shall notify the Contracting Officer when the monies are
> withheld.
>
> \(5\) The Contractor agrees to incorporate the substance of this
> clause, including subparagraph (c)(5) but excepting subparagraph
> (c)(1), in all subcontracts under this contract which exceed
> \$100,000.

[]{#__RefHeading___Toc161106829 .anchor}**I.6 52.203-8 CANCELLATION,
RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN
1997)**

> \(a\) If the Government receives information that a contractor or a
> person has engaged in conduct constituting a violation of subsection
> (a), (b), (c), or (d) of section 27 of the Office of Federal
> Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by
> section 4304 of the National Defense Authorization Act for Fiscal Year
> 1996 (Pub. L. 104-106), the Government may -
>
> \(1\) Cancel the solicitation, if the contract has not yet been
> awarded or issued; or
>
> \(2\) Rescind the contract with respect to which -
>
> \(i\) The Contractor or someone acting for the Contractor has been
> convicted for an offense where the conduct constitutes a violation of
> subsection 27(a) or (b) of the Act for the purpose of either -
>
> \(A\) Exchanging the information covered by such subsections for
> anything of value; or
>
> \(B\) Obtaining or giving anyone a competitive advantage in the award
> of a Federal agency procurement contract; or
>
> \(ii\) The head of the contracting activity has determined, based upon
> a preponderance of the evidence, that the Contractor or someone acting
> for the Contractor has engaged in conduct constituting an offense
> punishable under subsection 27(e)(1) of the Act.
>
> \(b\) If the Government rescinds the contract under paragraph (a) of
> this clause, the Government is entitled to recover, in addition to any
> penalty prescribed by law, the amount expended under the contract.
>
> \(c\) The rights and remedies of the Government specified herein are
> not exclusive, and are in addition to any other rights and remedies
> provided by law, regulation, or under this contract.

[]{#__RefHeading___Toc161106830 .anchor}**I.7 52.203-10 PRICE OR FEE
ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)**

> \(a\) The Government, at its election, may reduce the 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 the 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 U.S.C. 423), as implemented in section 3.104 of the
> Federal Acquisition Regulation.
>
> \(b\) The price or fee reduction referred to in paragraph (a) of this
> clause shall be -
>
> \(1\) For cost-plus-fixed-fee contracts, the amount of the fee
> specified in the contract at the time of award;
>
> \(2\) For cost-plus-incentive-fee contracts, the target fee specified
> in the contract at the time of award, notwithstanding any minimum fee
> or "fee floor" specified in the contract;
>
> \(3\) For cost-plus-award-fee contracts -
>
> \(i\) The base fee established in the contract at the time of contract
> award;
>
> \(ii\) If no base fee is specified in the contract, 30 percent of the
> amount of each award fee otherwise payable to the 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 initial target profit specified in the
> contract at the time of contract award; or
>
> \(ii\) If an immediate adjustment to the contract target price and
> contract target profit would have a significant adverse impact on the
> incentive price revision relationship under the contract, or adversely
> affect the contract financing provisions, the Contracting Officer may
> defer such adjustment until establishment of the total final price of
> the contract. The total final price established in accordance with the
> incentive price revision provisions of the contract shall be reduced
> by an amount equal to the initial target profit specified in the
> contract at the time of contract award and such reduced price shall be
> the total final contract price.
>
> \(5\) 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 in existence prior to the date of
> the contract award.
>
> \(c\) The Government may, at its election, reduce a prime
> contractor\'s price or fee in accordance with the procedures of
> paragraph (b) of this clause for violations of the Act by its
> 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
> clause, the Government may terminate this contract for default. The
> rights and remedies of the Government specified herein are not
> exclusive, and are in addition to any other rights and remedies
> provided by law or under this contract.

[]{#__RefHeading___Toc161106831 .anchor}**I.8 52.203-12 LIMITATION ON
PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005)**

> \(a\) *Definitions*.

"Agency," as used in this clause, means executive agency as defined in
2.101.

> "Covered Federal action," as used in this clause, means any of the
> following Federal actions:
>
> \(1\) The awarding of any Federal contract.
>
> \(2\) The making of any Federal grant.
>
> \(3\) The making of any Federal loan.
>
> \(4\) The entering into of any cooperative agreement.
>
> \(5\) The extension, continuation, renewal, amendment, or modification
> of any Federal contract, grant, loan, or cooperative agreement.
>
> "Indian tribe" and "tribal organization," as used in this clause, have
> the meaning provided in section 4 of the Indian Self-Determination and
> Education Assistance Act (25 U.S.C. 450B) and include Alaskan Natives.
>
> "Influencing or attempting to influence," as used in this clause,
> means making, with the intent to influence, any communication to or
> appearance before an officer or employee of any agency, a Member of
> Congress, an officer or employee of Congress, or an employee of a
> Member of Congress in connection with any covered Federal action.
>
> "Local government," as used in this clause, means a unit of government
> in a State and, if chartered, established, or otherwise recognized by
> a State for the performance of a governmental duty, including a local
> public authority, a special district, an intrastate district, a
> council of governments, a sponsor group representative organization,
> and any other instrumentality of a local government.
>
> "Officer or employee of an agency," as used in this clause, includes
> the following individuals who are employed by an agency:
>
> \(1\) An individual who is appointed to a position in the Government
> under Title 5, United States Code, including a position under a
> temporary appointment.
>
> \(2\) A member of the uniformed services, as defined in subsection
> 101(3), Title 37, United States Code.
>
> \(3\) A special Government employee, as defined in section 202, Title
> 18, United States Code.
>
> \(4\) An individual who is a member of a Federal advisory committee,
> as defined by the Federal Advisory Committee Act, Title 5, United
> States Code, appendix 2.
>
> "Person," as used in this clause, means an 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 any other Indian organization with respect to
> expenditures specifically permitted by other Federal law.
>
> "Reasonable compensation," as used in this clause, means, with respect
> to a regularly employed officer or employee of any person,
> compensation that is consistent with the normal compensation for such
> officer or employee for work that is not furnished to, not funded by,
> or not furnished in cooperation with the Federal Government.
>
> "Reasonable payment," as used in this clause, means, with respect to
> professional and other technical services, a payment in an amount that
> is consistent with the amount normally paid for such services in the
> private sector.
>
> "Recipient," as used in this clause, includes the Contractor and all
> subcontractors. This term excludes an Indian tribe, tribal
> organization, or any other Indian organization with respect to
> expenditures specifically permitted by other Federal law.
>
> "Regularly employed," as used in this clause, means, with respect to
> an officer or employee of a person requesting or receiving a Federal
> contract, an officer or employee who is employed by such person for at
> least 130 working days within 1 year immediately preceding the date of
> the submission that initiates 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 submission that initiates agency
> consideration of such person shall be considered to be regularly
> employed as soon as he or she is employed by such person for 130
> working days.
>
> "State," as used in this clause, means a State of the United States,
> the District of Columbia, or an outlying area of the United States, an
> agency or instrumentality of a State, and multi-State, regional, or
> interstate entity having governmental duties and powers.
>
> \(b\) *Prohibitions*. (1) Section 1352 of Title 31, United States
> Code, among other things, prohibits a recipient of a Federal contract,
> grant, loan, or cooperative agreement from using appropriated funds to
> pay any person for influencing or attempting to influence an officer
> or employee of any agency, a Member of Congress, an officer or
> employee of Congress, or an employee of a Member of Congress in
> connection with any of the following covered Federal actions: the
> awarding of any Federal contract; the making of any Federal grant; the
> making of any Federal loan; the entering into of any cooperative
> agreement; or the modification of any Federal contract, grant, loan,
> or cooperative agreement.
>
> \(2\) The Act also requires Contractors to furnish a disclosure if any
> funds other than Federal appropriated funds (including profit or fee
> received under a covered Federal transaction) have been paid, or will
> be paid, to any person for influencing or attempting to influence an
> officer or employee of any agency, a Member of Congress, an officer or
> employee of Congress, or an employee of a Member of Congress in
> connection with a Federal contract, grant, loan, or cooperative
> agreement.
>
> \(3\) The prohibitions of the Act do not apply under the following
> conditions:
>
> \(i\) *Agency and legislative liaison by own employees*.
>
> \(A\) The prohibition on the use of appropriated funds, in
> subparagraph (b)(1) of this clause, does not apply in the case of a
> payment of reasonable compensation made to an officer or employee of a
> person requesting or receiving a covered Federal action if the payment
> is for agency and legislative liaison activities not directly related
> to a covered Federal action.
>
> \(B\) For purposes of subdivision (b)(3)(i)(A) of this clause,
> providing any information specifically requested by an agency or
> Congress is permitted at any time.
>
> \(C\) The following agency and legislative liaison activities are
> permitted at any time where they are not related to a specific
> solicitation for any covered Federal action:
>
> (*1*) Discussing with an agency the qualities and characteristics
> (including individual demonstrations) of the person\'s products or
> services, conditions or terms of sale, and service capabilities.
>
> (*2*) Technical discussions and other activities regarding the
> application or adaptation of the person\'s products or services for an
> agency\'s use.
>
> \(D\) The following agency and legislative liaison activities are
> permitted where they are prior to formal solicitation of any covered
> Federal action -
>
> (*1*) Providing any information not specifically requested but
> necessary for an agency to make an informed decision about initiation
> of a covered Federal action;
>
> (*2*) Technical discussions regarding the preparation of an
> unsolicited proposal prior to its official submission; and
>
> (*3*) Capability presentations by persons seeking awards from an
> agency pursuant to the provisions of the Small Business Act, as
> amended by Pub. L. 95-507, and subsequent amendments.
>
> \(E\) Only those agency and legislative liaison activities expressly
> authorized by paragraph (b)(3)(i) of this clause are permitted under
> this clause.
>
> \(ii\) *Professional and technical services*. (A) The prohibition on
> the use of appropriated funds, in subparagraph (b)(1) of this clause,
> does not apply in the case of -
>
> (*1*) 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 action, if payment is for professional or technical
> services rendered directly in the preparation, submission, or
> negotiation of any bid, proposal, or application for that Federal
> action or for meeting requirements imposed by or pursuant to law as a
> condition for receiving that Federal action.
>
> (*2*) Any reasonable payment to a person, other than 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 action if the payment is for professional or
> technical services rendered directly in the preparation, submission,
> or negotiation of any bid, proposal, or application for that Federal
> action or for meeting requirements imposed by or pursuant to law as a
> condition for receiving that Federal action. Persons other than
> officers or employees of a person requesting or receiving a covered
> Federal action include consultants and trade associations.
>
> \(B\) For purposes of subdivision (b)(3)(ii)(A) of this clause,
> "professional and technical services" shall be limited to advice and
> analysis directly applying any professional or technical discipline.
> For example, drafting of a legal document accompanying a bid or
> proposal by a lawyer is allowable. Similarly, technical advice
> provided by an engineer on the performance or operational capability
> of a piece of equipment rendered directly in the negotiation of a
> contract is allowable. However, communications with the intent to
> influence made by a professional (such as a licensed lawyer) or a
> technical person (such as a licensed accountant) are not allowable
> under this section unless they provide advice and analysis directly
> applying their professional or technical expertise and unless the
> advice or analysis is rendered directly and solely in the preparation,
> submission or negotiation of a covered Federal action. Thus, for
> example, communications with the intent to influence made by a lawyer
> that do not provide legal advice or analysis directly and solely
> related to the legal aspects of his or her client\'s proposal, but
> generally advocate one proposal over another are not allowable under
> this section because the lawyer is not providing professional legal
> services. Similarly, communications with the intent to influence made
> by an engineer providing an engineering analysis prior to the
> preparation or submission of a bid or proposal are not allowable under
> this section since the engineer is providing technical services but
> not directly in the preparation, submission or negotiation of a
> covered Federal action.
>
> \(C\) Requirements imposed by or pursuant to law as a condition for
> receiving a covered Federal award include those required by law or
> regulation and any other requirements in the actual award documents.
>
> \(D\) Only those professional and technical services expressly
> authorized by paragraph (b)(3)(ii) of this clause are permitted under
> this clause.
>
> \(4\) The reporting requirements of FAR 3.803(a) shall not apply with
> respect to payments of reasonable compensation made to regularly
> employed officers or employees of a person.
>
> \(c\) *Disclosure*. (1) The Contractor who requests or receives from
> an agency a Federal contract shall file with that agency a disclosure
> form, OMB standard form LLL, Disclosure of Lobbying Activities, if
> such person has made or has agreed to make any payment using
> nonappropriated funds (to *include* profits from any covered Federal
> action), which would be prohibited under subparagraph (b)(1) of this
> clause, if paid for with appropriated funds.
>
> \(2\) The Contractor shall file a disclosure form at the end of each
> calendar quarter in which there occurs any event that materially
> affects the accuracy of the information contained in any disclosure
> form previously filed by such person under subparagraph (c)(1) of this
> clause. An event that materially affects the accuracy of the
> information reported includes -
>
> \(i\) A cumulative increase of \$25,000 or more in the amount paid or
> expected to be paid for influencing or attempting to influence a
> covered Federal action; or
>
> \(ii\) A change in the person(s) or individual(s) influencing or
> attempting to influence a covered Federal action; or
>
> \(iii\) A change in the officer(s), employee(s), or Member(s)
> contacted to influence or attempt to influence a covered Federal
> action.
>
> \(3\) The Contractor shall require the submittal of a certification,
> and if required, a disclosure form by any person who requests or
> receives any subcontract exceeding \$100,000 under the Federal
> contract.
>
> \(4\) All subcontractor disclosure forms (but not certifications)
> shall be forwarded from tier to tier until received by the prime
> Contractor. The prime Contractor shall submit all disclosures to the
> Contracting Officer at the end of the calendar quarter in which the
> disclosure form is submitted by the subcontractor. Each subcontractor
> certification shall be retained in the subcontract file of the
> awarding Contractor.
>
> \(d\) *Agreement.* The Contractor agrees not to make any payment
> prohibited by this clause.
>
> \(e\) *Penalties*. (1) Any person who makes an expenditure prohibited
> under paragraph (a) of this clause or who fails to file or amend the
> disclosure form to be filed or amended by paragraph (b) 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
> seeking any other remedy that may be applicable.
>
> \(2\) Contractors may rely without liability on the representation
> made by their subcontractors in the certification and disclosure form.
>
> \(f\) *Cost allowability*. Nothing in this clause makes allowable or
> reasonable any costs which would otherwise be unallowable or
> unreasonable. Conversely, costs made specifically unallowable by the
> requirements in this clause will not be made allowable under any other
> provision.

[]{#__RefHeading___Toc161106832 .anchor}**I.9 52.204-4 PRINTED OR COPIED
DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)**

> \(a\) *Definitions*. As used in this clause -
>
> "Postconsumer material" means a material or finished product that has
> served its intended use and has been discarded for disposal or
> recovery, having completed its life as a consumer item. Postconsumer
> material is a part of the broader category of "recovered material."
> For paper and paper products, postconsumer material means
> "postconsumer fiber" defined by the U.S. Environmental Protection
> Agency (EPA) as -
>
> \(1\) Paper, paperboard, and fibrous materials from retail stores,
> office buildings, homes, and so forth, after they have passed through
> their end-usage as a consumer item, including: used corrugated boxes;
> old newspapers; old magazines; mixed waste paper; tabulating cards;
> and used cordage; or
>
> \(2\) All paper, paperboard, and fibrous materials that enter and are
> collected from municipal solid waste; but not
>
> \(3\) Fiber derived from printers\' over-runs, converters\' scrap, and
> over-issue publications.
>
> "Printed or copied double-sided" means printing or reproducing a
> document so that information is on both sides of a sheet of paper.
>
> "Recovered material," for paper and paper products, is defined by EPA
> in its Comprehensive Procurement Guideline as "recovered fiber" and
> means the following materials:
>
> \(1\) Postconsumer fiber; and
>
> \(2\) Manufacturing wastes such as -
>
> \(i\) Dry paper and paperboard waste generated after completion of the
> papermaking process (that is, those manufacturing operations up to and
> including the cutting and trimming of the paper machine reel into
> smaller rolls or rough sheets) including: envelope cuttings, bindery
> trimmings, and other paper and paperboard waste resulting from
> printing, cutting, forming, and other converting operations; bag, box,
> and carton manufacturing wastes; and butt rolls, mill wrappers, and
> rejected unused stock; and
>
> \(ii\) Repulped finished paper and paperboard from obsolete
> inventories of paper and paperboard manufacturers, merchants,
> wholesalers, dealers, printers, converters, or others.
>
> \(b\) In accordance with Section 101 of Executive Order 13101 of
> September 14, 1998, Greening the Government through Waste Prevention,
> Recycling, and Federal Acquisition, the Contractor is encouraged to
> submit paper documents, such as offers, letters, or reports, that are
> printed or copied double-sided on recycled paper that meet minimum
> content standards specified in Section 505 of Executive Order 13101,
> when not using electronic commerce methods to submit information or
> data to the Government.
>
> \(c\) If the Contractor cannot purchase high-speed copier paper,
> offset paper, forms bond, computer printout paper, carbonless paper,
> file folders, white wove envelopes, writing and office paper, book
> paper, cotton fiber paper, and cover stock meeting the 30 percent
> postconsumer material standard for use in submitting paper documents
> to the Government, it should use paper containing no less than 20
> percent postconsumer material. This lesser standard should be used
> only when paper meeting the 30 percent postconsumer material standard
> is not obtainable at a reasonable price or does not meet reasonable
> performance standards.

[]{#__RefHeading___Toc161106833 .anchor}**I.10 52.204-7 CENTRAL
CONTRACTOR REGISTRATION (OCT 2003)**

> \(a\) Definitions. As used in this clause\--
>
> Central Contractor Registration (CCR) database means the primary
> Government repository for Contractor information required for the
> conduct of business with the Government.
>
> Data Universal Numbering System (DUNS) number means the 9-digit number
> assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business
> entities.
>
> Data Universal Numbering System +4 (DUNS+4) number means the DUNS
> number assigned by D&B plus a 4-character suffix that may be assigned
> by a business concern. (D&B has no affiliation with this 4-character
> suffix.) This 4-character suffix may be assigned at the discretion of
> the business concern to establish additional CCR records for
> identifying alternative Electronic Funds Transfer (EFT) accounts (see
> the FAR at Subpart 32.11) for the same parent concern.

Registered in the CCR database means that\--

> \(1\) The Contractor has entered all mandatory information, including
> the DUNS number or the DUNS+4 number, into the CCR database; and
>
> \(2\) The Government has validated all mandatory data fields and has
> marked the record \"Active\".
>
> (b)(1) By submission of an offer, the offeror acknowledges the
> requirement that a prospective awardee shall be registered in the CCR
> database prior to award, during performance, and through final payment
> of any contract, basic agreement, basic ordering agreement, or blanket
> purchasing agreement resulting from this solicitation.
>
> \(2\) The offeror shall enter, in the block with its name and address
> on the cover page of its offer, the annotation \"DUNS\" or \"DUNS +4\"
> followed by the DUNS or DUNS +4 number that identifies the offeror\'s
> name and address exactly as stated in the offer. The DUNS number will
> be used by the Contracting Officer to verify that the offeror is
> registered in the CCR database.
>
> \(c\) If the offeror does not have a DUNS number, it should contact
> Dun and Bradstreet directly to obtain one.
>
> \(1\) An offeror may obtain a DUNS number\--
>
> \(i\) If located within the United States, by calling Dun and
> Bradstreet at 1-866-705-5711 or via the Internet at
> http://www.dnb.com; or
>
> \(ii\) If located outside the United States, by contacting the local
> Dun and Bradstreet office.
>
> \(2\) The offeror should be prepared to provide the following
> information:
>
> \(i\) Company legal business.
>
> \(ii\) Tradestyle, doing business, or other name by which your entity
> is commonly recognized.
>
> \(iii\) Company Physical Street Address, City, State, and Zip Code.
>
> \(iv\) Company Mailing Address, City, State and Zip Code (if separate
> from physical).
>
> \(v\) Company Telephone Number.
>
> \(vi\) Date the company was started.
>
> \(vii\) Number of employees at your location.
>
> \(viii\) Chief executive officer/key manager.
>
> \(ix\) Line of business (industry).
>
> \(x\) Company Headquarters name and address (reporting relationship
> within your entity).
>
> \(d\) If the Offeror does not become registered in the CCR database in
> the time prescribed by the Contracting Officer, the Contracting
> Officer will proceed to award to the next otherwise successful
> registered Offeror.
>
> \(e\) Processing time, which normally takes 48 hours, should be taken
> into consideration when registering. Offerors who are not registered
> should consider applying for registration immediately upon receipt of
> this solicitation.
>
> \(f\) The Contractor is responsible for the accuracy and completeness
> of the data within the CCR database, and for any liability resulting
> from the Government\'s reliance on inaccurate or incomplete data. To
> remain registered in the CCR database after the initial registration,
> the Contractor is required to review and update on an annual basis
> from the date of initial registration or subsequent updates its
> information in the CCR database to ensure it is current, accurate and
> complete. Updating information in the CCR does not alter the terms and
> conditions of this contract and is not a substitute for a properly
> executed contractual document.
>
> (g)(1)(i) If a Contractor has legally changed its business name,
> \"doing business as\" name, or division name (whichever is shown on
> the contract), or has transferred the assets used in performing the
> contract, but has not completed the necessary requirements regarding
> novation and change-of-name agreements in Subpart 42.12, the
> Contractor shall provide the responsible Contracting Officer a minimum
> of one business day\'s written notification of its intention to (A)
> change the name in the CCR database; (B) comply with the requirements
> of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline
> and procedures specified by the responsible Contracting Officer. The
> Contractor must provide with the notification sufficient documentation
> to support the legally changed name.
>
> \(ii\) If the Contractor fails to comply with the requirements of
> paragraph (g)(1)(i) of this clause, or fails to perform the agreement
> at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a
> properly executed novation or change-of-name agreement, the CCR
> information that shows the Contractor to be other than the Contractor
> indicated in the contract will be considered to be incorrect
> information within the meaning of the \"Suspension of Payment\"
> paragraph of the electronic funds transfer (EFT) clause of this
> contract.
>
> \(2\) The Contractor shall not change the name or address for EFT
> payments or manual payments, as appropriate, in the CCR record to
> reflect an assignee for the purpose of assignment of claims (see FAR
> Subpart 32.8, Assignment of Claims). Assignees shall be separately
> registered in the CCR database. Information provided to the
> Contractor\'s CCR record that indicates payments, including those made
> by EFT, to an ultimate recipient other than that Contractor will be
> considered to be incorrect information within the meaning of the
> \"Suspension of payment\" paragraph of the EFT clause of this
> contract.
>
> \(h\) Offerors and Contractors may obtain information on registration
> and annual confirmation requirements via the internet at
> http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757.

[]{#__RefHeading___Toc161106834 .anchor}**I.11 52.204-9 PERSONAL
IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2006)**

> \(a\) The Contractor shall comply with agency personal identify
> verification procedures identified in the contract that implement
> Homeland Security Presidential Directive-12 (HSPD-12), Office of
> Management and Budget (OMB) guidance M-05-24, and Federal Information
> Processing Standards Publication (FIPS PUB) Number 201.
>
> \(b\) The Contractor shall insert this clause in all subcontracts when
> the subcontractor is required to have physical access to a
> federally-controlled facility or access to a Federal information
> system.

[]{#__RefHeading___Toc161106835 .anchor}**I.12 52.209-6 PROTECTING THE
GOVERNMENT\'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT (JAN 2005)**

> \(a\) The Government suspends or debars Contractors to protect the
> Government\'s interests. The Contractor shall not enter into any
> subcontract in excess of \$25,000 with a Contractor that is debarred,
> suspended, or proposed for debarment unless there is a compelling
> reason to do so.
>
> \(b\) The Contractor shall require each proposed first-tier
> subcontractor, whose subcontract will exceed \$25,000, to disclose to
> the Contractor, in writing, whether as of the time of award of the
> subcontract, the subcontractor, or its principals, is or is not
> debarred, suspended, or proposed for debarment by the Federal
> Government.
>
> \(c\) A corporate officer or a designee of the Contractor shall notify
> the Contracting Officer, in writing, before entering into a
> subcontract with a party that is debarred, suspended, or proposed for
> debarment (see FAR 9.404 for information on the Excluded Parties List
> System). The notice must include the 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 compelling reason(s) for doing business with the
> subcontractor notwithstanding its inclusion in the Excluded Parties
> List System.
>
> \(4\) The systems and procedures the Contractor has established to
> ensure that it is fully protecting the Government\'s interests when
> dealing with such subcontractor in view of the specific basis for the
> party\'s debarment, suspension, or proposed debarment.

[]{#__RefHeading___Toc161106836 .anchor}**I.13 52.215-2 AUDIT AND
RECORDS - NEGOTIATION (JUN 1999)**

> \(a\) As used in this clause, "records" includes books, documents,
> accounting procedures and practices, and other data, regardless of
> type and regardless of whether such items are in written form, in the
> form of computer data, or in any other form.
>
> \(b\) *Examination of costs*. If this is a cost-reimbursement,
> incentive, time-and-materials, labor-hour, or price redeterminable
> contract, or any combination of these, the Contractor shall maintain
> and the Contracting Officer, or an authorized representative of the
> Contracting Officer, shall have the right to examine and audit all
> records and other evidence sufficient to reflect properly all costs
> claimed to have been incurred or anticipated to be incurred directly
> or indirectly in performance of this contract. This right of
> examination shall include inspection at all reasonable times of the
> Contractor\'s plants, or parts of them, engaged in performing the
> contract.
>
> \(c\) *Cost or pricing data*. If the Contractor has been required to
> submit cost or pricing data in connection with any pricing action
> relating to this contract, the Contracting Officer, or an authorized
> representative of the Contracting Officer, in order to evaluate the
> accuracy, completeness, and currency of the cost or pricing data,
> shall have the right to examine and audit all of the Contractor\'s
> records, including computations and projections, related to -
>
> \(1\) The proposal for the contract, subcontract, or modification;
>
> \(2\) The discussions conducted on the proposal(s), including those
> related to negotiating;
>
> \(3\) Pricing of the contract, subcontract, or modification; or
>
> \(4\) Performance of the contract, subcontract or modification.
>
> \(d\) *Comptroller General* - (1) The Comptroller General of the
> United States, or an authorized representative, shall have access to
> and the right to examine any of the Contractor\'s directly pertinent
> records involving transactions related to this contract or a
> subcontract hereunder.
>
> \(2\) This paragraph may not be construed to require the Contractor or
> subcontractor to create or maintain any record that the Contractor or
> subcontractor does not maintain in the ordinary course of business or
> pursuant to a provision of law.
>
> \(e\) *Reports*. If the Contractor is required to furnish cost,
> funding, or performance reports, the Contracting Officer or an
> authorized representative of the Contracting Officer shall have the
> right to examine and audit the supporting records and materials, for
> the purpose of evaluating -
>
> \(1\) The effectiveness of the Contractor\'s policies and procedures
> to produce data compatible with the objectives of these reports; and
>
> \(2\) The data reported.
>
> \(f\) *Availability*. The Contractor shall make available at its
> office at all reasonable times the records, materials, and other
> evidence described in paragraphs (a), (b), (c), (d), and (e) of this
> clause, for examination, audit, or reproduction, until 3 years after
> final payment under this contract or for any shorter period specified
> in Subpart 4.7, Contractor Records Retention, of the Federal
> Acquisition Regulation (FAR), or for any longer period required by
> statute or by other clauses of this contract. In addition -
>
> \(1\) If this contract is completely or partially terminated, the
> Contractor shall make available the records relating to the work
> terminated until 3 years after any resulting final termination
> settlement; and
>
> \(2\) The Contractor shall make available records relating to appeals
> under the Disputes clause or to litigation or the settlement of claims
> arising under or relating to this contract until such appeals,
> litigation, or claims are finally resolved.
>
> \(g\) The Contractor shall insert a clause containing all the terms of
> this clause, including this paragraph (g), in all subcontracts under
> this contract that exceed the simplified acquisition threshold, and -
>
> \(1\) That are cost-reimbursement, incentive, time-and-materials,
> labor-hour, or price-redeterminable type or any combination of these;
>
> \(2\) For which cost or pricing data are required; or
>
> \(3\) That require the subcontractor to furnish reports as discussed
> in paragraph (e) of this clause.

The clause may be altered only as necessary to identify properly the
contracting parties and the Contracting Officer under the Government
prime contract.

[]{#__RefHeading___Toc161106837 .anchor}**I.14 52.215-8 ORDER OF
PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997)**

Any inconsistency in this solicitation or contract shall be resolved by
giving precedence in the following order:

> \(a\) The Schedule (excluding the specifications).
>
> \(b\) Representations and other instructions.
>
> \(c\) Contract clauses.
>
> \(d\) Other documents, exhibits, and attachments.
>
> \(e\) The specifications.

[]{#__RefHeading___Toc161106838 .anchor}**I.15 52.215-11 PRICE REDUCTION
FOR DEFECTIVE COST OR PRICING DATA - MODIFICATIONS (OCT 1997)**

> \(a\) This clause shall become operative only for any modification to
> this contract involving a pricing adjustment expected to exceed the
> threshold for submission of cost or pricing data at FAR 15.403-4,
> except that this clause does not apply to any modification if an
> exception under FAR 15.403-1 applies.
>
> \(b\) If any price, including profit or fee, negotiated in connection
> with any modification under this clause, or any cost reimbursable
> under this contract, was increased by any significant amount because
> (1) the Contractor or a subcontractor furnished cost or pricing data
> that were not complete, accurate, and current as certified in its
> Certificate of Current Cost or Pricing Data, (2) a subcontractor or
> prospective subcontractor furnished the Contractor cost or pricing
> data that were not complete, accurate, and current as certified in the
> Contractor\'s Certificate of Current Cost or Pricing Data, or (3) any
> of these parties furnished data of any description that were not
> accurate, the price or cost shall be reduced accordingly and the
> contract shall be modified to reflect the reduction. This right to a
> price reduction is limited to that resulting from defects in data
> relating to modifications for which this clause becomes operative
> under paragraph (a) of this clause.
>
> \(c\) Any reduction in the contract price under paragraph (b) of this
> clause due to defective data from a prospective subcontractor that was
> not subsequently awarded the subcontract shall be limited to the
> amount, plus applicable overhead and profit markup, by which -
>
> \(1\) The actual subcontract; or
>
> \(2\) The actual cost to the Contractor, if there was no subcontract,
> was less than the prospective subcontract cost estimate submitted by
> the Contractor; provided, that the actual subcontract price was not
> itself affected by defective cost or pricing data.
>
> (d)(1) If the Contracting Officer determines under paragraph (b) of
> this clause that a price or cost reduction should be made, the
> Contractor agrees not to raise the following matters as a defense:
>
> \(i\) The Contractor or subcontractor was a sole source supplier or
> otherwise was in a superior bargaining position and thus the price of
> the contract would not have been modified even if accurate, complete,
> and current cost or pricing data had been submitted.
>
> \(ii\) The Contracting Officer should have known that the cost or
> pricing data in issue were defective even though the Contractor or
> subcontractor took no affirmative action to bring the character of the
> data to the attention of the Contracting Officer.
>
> \(iii\) The contract was based on an agreement about the total cost of
> the contract and there was no agreement about the cost of each item
> procured under the contract.
>
> \(iv\) The Contractor or subcontractor did not submit a Certificate of
> Current Cost or Pricing Data.
>
> (2)(i) Except as prohibited by paragraph (d)(2)(ii) of this clause, an
> offset in an amount determined appropriate by the Contracting Officer
> based upon the facts shall be allowed against the amount of a contract
> price reduction if -
>
> \(A\) The Contractor certifies to the Contracting Officer that, to the
> best of the Contractor\'s knowledge and belief, the Contractor is
> entitled to the offset in the amount requested; and
>
> \(B\) The Contractor proves that the cost or pricing data were
> available before the "as of" date specified on its Certificate of
> Current Cost or Pricing Data, and that the data were not submitted
> before such date.
>
> \(ii\) An offset shall not be allowed if -
>
> \(A\) The understated data were known by the Contractor to be
> understated before the "as of" date specified on its Certificate of
> Current Cost or Pricing Data; or
>
> \(B\) The Government proves that the facts demonstrate that the
> contract price would not have increased in the amount to be offset
> even if the available data had been submitted before the "as of" date
> specified on its Certificate of Current Cost or Pricing Data.
>
> \(e\) If any reduction in the contract price under this clause reduces
> the price of items for which payment was made prior to the date of the
> modification reflecting the price reduction, the Contractor shall be
> liable to and shall pay the United States at the time such overpayment
> is repaid -
>
> \(1\) Simple interest on the amount of such overpayment to be computed
> from the date(s) of overpayment to the Contractor to the date the
> Government is repaid by the Contractor at the applicable underpayment
> rate effective for each quarter prescribed by the Secretary of the
> Treasury under 26 U.S.C. 6621(a)(2); and
>
> \(2\) A penalty equal to the amount of the overpayment, if the
> Contractor or subcontractor knowingly submitted cost or pricing data
> that were incomplete, inaccurate, or noncurrent.

[]{#__RefHeading___Toc161106839 .anchor}**I.16 52.215-13 SUBCONTRACTOR
COST OR PRICING DATA - MODIFICATIONS (OCT 1997)**

> \(a\) The requirements of paragraphs (b) and (c) of this clause shall
> -
>
> \(1\) Become operative only for any modification to this contract
> involving a pricing adjustment expected to exceed the threshold for
> submission of cost or pricing data at FAR 15.403-4; and
>
> \(2\) Be limited to such modifications.
>
> \(b\) Before awarding any subcontract expected to exceed the threshold
> for submission of cost or pricing data at FAR 15.403-4, on the date of
> agreement on price or the date of award, whichever is later; or before
> pricing any subcontract modification involving a pricing adjustment
> expected to exceed the threshold for submission of cost or pricing
> data at FAR 15.403-4, the Contractor shall require the subcontractor
> to submit cost or pricing data (actually or by specific identification
> in writing), unless an exception under FAR 15.403-1 applies.
>
> \(c\) The Contractor shall require the subcontractor to certify in
> substantially the form prescribed in FAR 15.406-2 that, to the best of
> its knowledge and belief, the data submitted under paragraph (b) of
> this clause were accurate, complete, and current as of the date of
> agreement on the negotiated price of the subcontract or subcontract
> modification.
>
> \(d\) The Contractor shall insert the substance of this clause,
> including this paragraph (d), in each subcontract that exceeds the
> threshold for submission of cost or pricing data at FAR 15.403-4 on
> the date of agreement on price or the date of award, whichever is
> later.

[]{#__RefHeading___Toc161106840 .anchor}**I.17 52.215-14 INTEGRITY OF
UNIT PRICES (OCT 1997)**

> \(a\) Any proposal submitted for the negotiation of prices for items
> of supplies shall distribute costs within contracts on a basis that
> ensures that unit prices are in proportion to the items\' base cost
> (*e.g.*, manufacturing or acquisition costs). Any method of
> distributing costs to line items that distorts unit prices shall not
> be used. For example, distributing costs equally among line items is
> not acceptable except when there is little or no variation in base
> cost. Nothing in this paragraph requires submission of cost or pricing
> data not otherwise required by law or regulation.
>
> \(b\) When requested by the Contracting Officer, the
> Offeror/Contractor shall also identify those supplies that it will not
> manufacture or to which it will not contribute significant value.
>
> \(c\) The Contractor shall insert the substance of this clause, less
> paragraph (b), in all subcontracts for other than: acquisitions at or
> below the simplified acquisition threshold in FAR Part 2; construction
> or architect-engineer services under FAR Part 36; utility services
> under FAR Part 41; services where supplies are not required;
> commercial items; and petroleum products.

[]{#__RefHeading___Toc161106841 .anchor}**I.18 52.215-17 WAIVER OF
FACILITIES CAPITAL COST OF MONEY (OCT 1997)**

The Contractor did not include facilities capital cost of money as a
proposed cost of this contract. Therefore, it is an unallowable cost
under this contract.

[]{#__RefHeading___Toc161106842 .anchor}**I.19 52.215-21 REQUIREMENTS
FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING
DATA - MODIFICATIONS (OCT 1997)**

> \(a\) *Exceptions from cost or pricing data*. (1) In lieu of
> submitting cost or pricing data for modifications under this contract,
> for price adjustments expected to exceed the threshold set forth at
> FAR 15.403-4 on the date of the agreement on price or the date of the
> award, whichever is later, the Contractor may submit a written request
> for exception by submitting the information described in the following
> subparagraphs. The Contracting Officer may require additional
> supporting information, but only to the extent necessary to determine
> whether an exception should be granted, and whether the price is fair
> and reasonable -
>
> \(i\) *Identification of the law or regulation establishing the price
> offered*. If the price is controlled under law by periodic rulings,
> reviews, or similar actions of a governmental body, attach a copy of
> the controlling document, unless it was previously submitted to the
> contracting office.
>
> \(ii\) *Information on modifications of contracts or subcontracts for
> commercial items*. (A) If -
>
> (*1*) The original contract or subcontract was granted an exception
> from cost or pricing data requirements because the price agreed upon
> was based on adequate price competition or prices set by law or
> regulation, or was a contract or subcontract for the acquisition of a
> commercial item; and
>
> (*2*) The modification (to the contract or subcontract) is not
> exempted based on one of these exceptions, then the Contractor may
> provide information to establish that the modification would not
> change the contract or subcontract from a contract or subcontract for
> the acquisition of a commercial item to a contract or subcontract for
> the acquisition of an item other than a commercial item.
>
> \(B\) For a commercial item exception, the Contractor shall provide,
> at a minimum, information on prices at which the same item or similar
> items have previously been sold that is adequate for evaluating the
> reasonableness of the price of the modification. Such information may
> include -
>
> (*1*) For catalog items, a copy of or identification of the catalog
> and its date, or the appropriate pages for the offered items, or a
> statement that the catalog is on file in the buying office to which
> the proposal is being submitted. Provide a copy or describe current
> discount policies and price lists (published or unpublished), *e.g.*,
> wholesale, original equipment manufacturer, or reseller. Also explain
> the basis of each offered price and its relationship to the
> established catalog price, including how the proposed price relates to
> the price of recent sales in quantities similar to the proposed
> quantities.
>
> (*2*) For market-priced items, the source and date or period of the
> market quotation or other basis for market price, the base amount, and
> applicable discounts. In addition, describe the nature of the market.
>
> (*3*) For items included on an active Federal Supply Service Multiple
> Award Schedule contract, proof that an exception has been granted for
> the schedule item.
>
> \(2\) The Contractor grants the Contracting Officer or an authorized
> representative the right to examine, at any time before award, books,
> records, documents, or other directly pertinent records to verify any
> request for an exception under this clause, and the reasonableness of
> price. For items priced using catalog or market prices, or law or
> regulation, access does not extend to cost or profit information or
> other data relevant solely to the Contractor\'s determination of the
> prices to be offered in the catalog or marketplace.
>
> \(b\) *Requirements for cost or pricing data*. If the Contractor is
> not granted an exception from the requirement to submit cost or
> pricing data, the following applies:
>
> \(1\) The Contractor shall submit cost or pricing data and supporting
> attachments in accordance with Table 15-2 of FAR 15.408.
>
> \(2\) As soon as practicable after agreement on price, but before
> award (except for unpriced actions), the Contractor shall submit a
> Certificate of Current Cost or Pricing Data, as prescribed by FAR
> 15.406-2.

[]{#__RefHeading___Toc161106843 .anchor}**I.20 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 date of award through contract termination.
>
> \(b\) All delivery orders or task orders are subject to the terms and
> conditions of this contract. In the event of conflict between a
> delivery order or task order and this contract, the contract shall
> control.
>
> \(c\) If mailed, a delivery order or task order is considered "issued"
> when the 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.

[]{#__RefHeading___Toc161106844 .anchor}**I.21 52.216-19 ORDER
LIMITATIONS (OCT 1995)**

> \(a\) *Minimum order*. When the Government requires supplies or
> services covered by this contract in an amount of less than \$1,000,
> the Government is not obligated to purchase, nor is the Contractor
> obligated to furnish, those supplies or services under the contract.
>
> \(b\) *Maximum order*. The Contractor is not obligated to honor -
>
> \(1\) Any order for a single item in excess of \$25,000,000;
>
> \(2\) Any order for a combination of items in excess of \$25,000,000;
> or
>
> \(3\) A series of orders from the same ordering office within the
> contract term that together call for quantities exceeding the
> limitation in subparagraph (b)(1) or (2) of this section.
>
> \(c\) If this is a requirements contract (*i.e*., includes the
> Requirements clause at subsection 52.216-21 of the Federal Acquisition
> Regulation (FAR)), the Government is not required to order a part of
> any one requirement from the Contractor if that requirement exceeds
> the maximum-order limitations in paragraph (b) of this section.
>
> \(d\) Notwithstanding paragraphs (b) and (c) of this section, the
> Contractor shall honor any order exceeding the maximum order
> limitations in paragraph (b), unless that order (or orders) is
> returned to the ordering office within five days after issuance, with
> written notice stating the Contractor\'s intent not to ship the item
> (or items) called for and the reasons. Upon receiving this notice, the
> Government may acquire the supplies or services from another source.

[]{#__RefHeading___Toc161106845 .anchor}**I.22 52.216-22 INDEFINITE
QUANTITY (OCT 1995)**

> \(a\) This is an indefinite-quantity contract for the supplies or
> services specified, and effective for the period stated, in the
> Schedule. The quantities of supplies and services specified in the
> Schedule are estimates only and are not purchased by this contract.
>
> \(b\) Delivery or performance shall be made only as authorized by
> orders issued in accordance with the Ordering clause. The Contractor
> shall furnish to the Government, when and if ordered, the supplies or
> services specified in the Schedule up to and including the quantity
> designated in the Schedule as the "maximum." The Government shall
> order at least the quantity of supplies or services designated in the
> Schedule as the "minimum."
>
> \(c\) Except for any limitations on quantities in the Order
> Limitations clause or in the Schedule, there is no limit on the number
> of orders that may be issued. The Government may issue orders
> requiring delivery to multiple destinations or performance at multiple
> locations.
>
> \(d\) Any order issued during the effective period of this contract
> and not completed within that period shall be completed by the
> Contractor within the time specified in the order. The contract shall
> govern the Contractor\'s and Government\'s rights and obligations with
> respect to that order to the same extent as if the order were
> completed during the contract\'s effective period; *provided*, that
> the Contractor shall not be required to make any deliveries under this
> contract after contract expiration.

[]{#__RefHeading___Toc161106846 .anchor}**I.23 52.217-8 OPTION TO EXTEND
SERVICES (NOV 1999)**

The Government may require continued performance of any services within
the limits and at the rates specified in the contract. These rates may
be adjusted only as a result of revisions to prevailing labor rates
provided by the Secretary of Labor. The option provision may be
exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may
exercise the option by written notice to the Contractor within 15 days
of contract expiration.

[]{#__RefHeading___Toc161106847 .anchor}**I.24 52.217-9 OPTION TO EXTEND
THE TERM OF THE CONTRACT (MAR 2000)**

> \(a\) The Government may extend the term of this contract by written
> notice to the Contractor within ten days of contract expiration;
> provided that the Government gives the Contractor a preliminary
> written notice of its intent to extend at least 30 days before the
> contract expires. The preliminary notice does not commit the
> Government to an extension.
>
> \(b\) If the Government exercises this option, the extended contract
> shall be considered to include this option clause.
>
> \(c\) The total duration of this contract, including the exercise of
> any options under this clause, shall not exceed \[ \](months)(years).

[]{#__RefHeading___Toc161106848 .anchor}**I.25 52.219-8 UTILIZATION OF
SMALL BUSINESS CONCERNS (MAY 2004)**

> \(a\) It is the policy of the United States that small business
> concerns, veteran-owned small business concerns, service-disabled
> veteran-owned small business concerns, HUBZone small business
> concerns, small disadvantaged business concerns, and women-owned small
> business concerns shall have the maximum practicable opportunity to
> participate in performing contracts let by any Federal agency,
> including contracts and subcontracts for subsystems, assemblies,
> components, and related services for major systems. It is further the
> policy of the United States that its prime contractors establish
> procedures to ensure the timely payment of amounts due pursuant to the
> terms of their subcontracts with small business concerns,
> veteran-owned small business concerns, service-disabled veteran-owned
> small business concerns, HUBZone small business concerns, small
> disadvantaged business concerns, and women-owned small business
> concerns.
>
> \(b\) The Contractor hereby agrees to carry out this policy in the
> awarding of subcontracts to the fullest extent consistent with
> efficient contract performance. The Contractor further agrees to
> cooperate in any studies or surveys as may be conducted by the United
> States Small Business Administration or the awarding agency of the
> United States as may be necessary to determine the extent of the
> Contractor\'s compliance with this clause.
>
> \(c\) *Definitions*. As used in this contract -
>
> "HUBZone small business concern" means a small business concern that
> appears on the List of Qualified HUBZone Small Business Concerns
> maintained by the Small Business Administration.

"Service-disabled veteran-owned small business concern" -

> \(1\) Means a small business concern -
>
> \(i\) Not less than 51 percent of which is owned by one or more
> service-disabled veterans or, in the case of any publicly owned
> business, not less than 51 percent of the stock of which is owned by
> one or more service-disabled veterans; and
>
> \(ii\) The management and daily business operations of which are
> controlled by one or more service-disabled veterans or, in the case of
> a service-disabled veteran with permanent and severe disability, the
> spouse or permanent caregiver of such veteran.
>
> \(2\) Service-disabled veteran means a veteran, as defined in 38
> U.S.C. 101(2), with a disability that is service-connected, as defined
> in 38 U.S.C. 101(16).
>
> "Small business concern" means a small business as defined pursuant to
> Section 3 of the Small Business Act and relevant regulations
> promulgated pursuant thereto.
>
> "Small disadvantaged business concern" means a small business concern
> that represents, as part of its offer that -
>
> \(1\) It has received certification as a small disadvantaged business
> concern consistent with 13 CFR part 124, Subpart B;
>
> \(2\) No material change in disadvantaged ownership and control has
> occurred since its certification;
>
> \(3\) Where the concern is owned by one or more individuals, the net
> worth of each individual upon whom the certification is based does not
> exceed \$750,000 after taking into account the applicable exclusions
> set forth at 13 CFR 124.104(c)(2); and
>
> \(4\) It is identified, on the date of its representation, as a
> certified small disadvantaged business in the database maintained by
> the Small Business Administration (PRO-Net).

"Veteran-owned small business concern" means a small business concern -

> \(1\) Not less than 51 percent of which is owned by one or more
> veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any
> publicly owned business, not less than 51 percent of the stock of
> which is owned by one or more veterans; and
>
> \(2\) The management and daily business operations of which are
> controlled by one or more veterans.

"Women-owned small business concern" means a small business concern -

> \(1\) That is at least 51 percent owned by one or more women, or, in
> the case of any publicly owned business, at least 51 percent of the
> stock of which is owned by one or more women; and
>
> \(2\) Whose management and daily business operations are controlled by
> one or more women.
>
> \(d\) Contractors acting in good faith may rely on written
> representations by their subcontractors regarding their status as a
> small business concern, a veteran-owned small business concern, a
> service-disabled veteran-owned small business concern, a HUBZone small
> business concern, a small disadvantaged business concern, or a
> women-owned small business concern.

[]{#__RefHeading___Toc161106849 .anchor}**I.26 52.219-14 LIMITATIONS ON
SUBCONTRACTING (DEC 1996)**

> \(a\) This clause does not apply to the unrestricted portion of a
> partial set-aside.
>
> \(b\) By submission of an offer and execution of a contract, the
> Offeror/Contractor agrees that in performance of the contract in the
> case of a contract for -
>
> \(1\) *Services (except construction)*. At least 50 percent of the
> cost of contract performance incurred for personnel shall be expended
> for employees of the concern.
>
> \(2\) *Supplies (other than procurement from a nonmanufacturer of such
> supplies)*. The concern shall perform work for at least 50 percent of
> the cost of manufacturing the supplies, not including the cost of
> materials.
>
> \(3\) *General construction*. The concern will perform at least 15
> percent of the cost of the contract, not including the cost of
> materials, with its own employees.
>
> \(4\) *Construction by special trade contractors*. The concern will
> perform at least 25 percent of the cost of the contract, not including
> the cost of materials, with its own employees.

[]{#__RefHeading___Toc161106850 .anchor}**I.27 52.222-3 CONVICT LABOR
(JUN 2003)**

> \(a\) Except as provided in paragraph (b) of this clause, the
> Contractor shall not employ in the performance of this contract any
> person undergoing a sentence of imprisonment imposed by any court of a
> State, the District of Columbia, Puerto Rico, the Northern Mariana
> Islands, American Samoa, Guam, or the U.S. Virgin Islands.
>
> \(b\) The Contractor is not prohibited from employing persons\--
>
> \(1\) On parole or probation to work at paid employment during the
> term of their sentence;
>
> \(2\) Who have been pardoned or who have served their terms; or
>
> \(3\) Confined for violation of the laws of any of the States, the
> District of Columbia, Puerto Rico, the Northern Mariana Islands,
> American Samoa, Guam, or the U.S. Virgin Islands who are authorized to
> work at paid employment in the community under the laws of such
> jurisdiction, if\--
>
> \(i\) The worker is paid or is in an approved work training program on
> a voluntary basis;
>
> \(ii\) Representatives of local union central bodies or similar labor
> union organizations have been consulted;
>
> \(iii\) Such paid employment will not result in the displacement of
> employed workers, or be applied in skills, crafts, or trades in which
> there is a surplus of available gainful labor in the locality, or
> impair existing contracts for services;
>
> \(iv\) The rates of pay and other conditions of employment will not be
> less than those paid or provided for work of a similar nature in the
> locality in which the work is being performed; and
>
> \(v\) The Attorney General of the United States has certified that the
> work-release laws or regulations of the jurisdiction involved are in
> conformity with the requirements of Executive Order 11755, as amended
> by Executive Orders 12608 and 12943.

[]{#__RefHeading___Toc161106851 .anchor}**I.28 52.222-21 PROHIBITION OF
SEGREGATED FACILITIES (FEB 1999)**

> \(a\) "Segregated facilities," as used in this clause, means any
> waiting rooms, work areas, rest rooms and wash rooms, restaurants and
> other eating areas, time clocks, locker rooms and other storage or
> dressing areas, parking lots, drinking fountains, recreation or
> entertainment areas, transportation, and housing facilities provided
> for employees, that are segregated by explicit directive or are in
> fact segregated on the basis of race, color, religion, sex, or
> national origin because of written or oral policies or employee
> custom. The term does not include separate or single-user rest rooms
> or necessary dressing or sleeping areas provided to assure privacy
> between the sexes.
>
> \(b\) The Contractor agrees that it does not and will not maintain or
> provide for its employees any segregated facilities at any of its
> establishments, and that it does not and will not permit its employees
> to perform their services at any location under its control where
> segregated facilities are maintained. The Contractor agrees that a
> breach of this clause is a violation of the Equal Opportunity clause
> in this contract.
>
> \(c\) The Contractor shall include this clause in every subcontract
> and purchase order that is subject to the Equal Opportunity clause of
> this contract.

[]{#__RefHeading___Toc161106852 .anchor}**I.29 52.222-26 EQUAL
OPPORTUNITY (APR 2002)**

> \(a\) Definition. United States, as used in this clause, means the 50
> States, the District of Columbia, Puerto Rico, the Northern Mariana
> Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake
> Island.
>
> \(b\) If, during any 12-month period (including the 12 months
> preceding the award of this contract), the Contractor has been or is
> awarded nonexempt Federal contracts and/or subcontracts that have an
> aggregate value in excess of \$10,000, the Contractor shall comply
> with paragraphs (b)(1) through (b)(11) of this clause, except for work
> performed outside the United States by employees who were not
> recruited within the United States. Upon request, the Contractor shall
> provide information necessary to determine the applicability of this
> clause.
>
> \(1\) The Contractor shall not discriminate against any employee or
> applicant for employment because of race, color, religion, sex, or
> national origin. However, it shall not be a violation of this clause
> for the Contractor to extend a publicly announced preference in
> employment to Indians living on or near an Indian reservation, in
> connection with employment opportunities on or near an Indian
> reservation, as permitted by 41 CFR 60-1.5.
>
> \(2\) The Contractor shall take affirmative action to ensure that
> applicants are employed, and that employees are treated during
> employment, without regard to their race, color, religion, sex, or
> national origin. This shall include, but not be limited to -
>
> \(i\) Employment;
>
> \(ii\) Upgrading;
>
> \(iii\) Demotion;
>
> \(iv\) Transfer;
>
> \(v\) Recruitment or recruitment advertising;
>
> \(vi\) Layoff or termination;
>
> \(vii\) Rates of pay or other forms of compensation; and
>
> \(viii\) Selection for training, including apprenticeship.
>
> \(3\) The Contractor shall post in conspicuous places available to
> employees and applicants for employment the notices to be provided by
> the Contracting Officer that explain this clause.
>
> \(4\) The Contractor shall, in all solicitations or advertisements for
> employees placed by or on behalf of the Contractor, state that all
> qualified applicants will receive consideration for employment without
> regard to race, color, religion, sex, or national origin.
>
> \(5\) The Contractor shall send, to each labor union or representative
> of workers with which it has a collective bargaining agreement or
> other contract or understanding, the notice to be provided by the
> Contracting Officer advising the labor union or workers\'
> representative of the Contractor\'s commitments under this clause, and
> post copies of the notice in conspicuous places available to employees
> and applicants for employment.
>
> \(6\) The Contractor shall comply with Executive Order 11246, as
> amended, and the rules, regulations, and orders of the Secretary of
> Labor.
>
> \(7\) The Contractor shall furnish to the contracting agency all
> information required by Executive Order 11246, as amended, and by the
> rules, regulations, and orders of the Secretary of Labor. The
> Contractor shall also file Standard Form 100 (EEO-1), or any successor
> form, as prescribed in 41 CFR part 60-1. Unless the Contractor has
> filed within the 12 months preceding the date of contract award, the
> Contractor shall, within 30 days after contract award, apply to either
> the regional Office of Federal Contract Compliance Programs (OFCCP) or
> the local office of the Equal Employment Opportunity Commission for
> the necessary forms.
>
> \(8\) The Contractor shall permit access to its premises, during
> normal business hours, by the contracting agency or the OFCCP for the
> purpose of conducting on-site compliance evaluations and complaint
> investigations. The Contractor shall permit the Government to inspect
> and copy any books, accounts, records (including computerized
> records), and other material that may be relevant to the matter under
> investigation and pertinent to compliance with Executive Order 11246,
> as amended, and rules and regulations that implement the Executive
> Order.
>
> \(9\) If the OFCCP determines that the Contractor is not in compliance
> with this clause or any rule, regulation, or order of the Secretary of
> Labor, this contract may be canceled, terminated, or suspended in
> whole or in part and the Contractor may be declared ineligible for
> further Government contracts, under the procedures authorized in
> Executive Order 11246, as amended. In addition, sanctions may be
> imposed and remedies invoked against the Contractor as provided in
> Executive Order 11246, as amended; in the rules, regulations, and
> orders of the Secretary of Labor; or as otherwise provided by law.
>
> \(10\) The Contractor shall include the terms and conditions of
> subparagraphs (b)(1) through (11) of this clause in every subcontract
> or purchase order that is not exempted by the rules, regulations, or
> orders of the Secretary of Labor issued under Executive Order 11246,
> as amended, so that these terms and conditions will be binding upon
> each subcontractor or vendor.
>
> \(11\) The Contractor shall take such action with respect to any
> subcontract or purchase order as the Contracting Officer may direct as
> a means of enforcing these terms and conditions, including sanctions
> for noncompliance, provided, that if the Contractor becomes involved
> in, or is threatened with, litigation with a subcontractor or vendor
> as a result of any direction, the Contractor may request the United
> States to enter into the litigation to protect the interests of the
> United States.
>
> \(c\) Notwithstanding any other clause in this contract, disputes
> relative to this clause will be governed by the procedures in 41 CFR
> 60-1.1.

[]{#__RefHeading___Toc161106853 .anchor}**I.30 52.222-35 EQUAL
OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA,
AND OTHER ELIGIBLE VETERANS (DEC 2001)**

> \(a\) Definitions. As used in this clause\--
>
> All employment openings means all positions except executive and top
> management, those positions that will be filled from within the
> Contractor\'s organization, and positions lasting 3 days or less. This
> term includes full-time employment, temporary employment of more than
> 3 days duration, and part-time employment.

Executive and top management means any employee\--

> \(1\) Whose primary duty consists of the management of the enterprise
> in which the individual is employed or of a customarily recognized
> department or subdivision thereof;
>
> \(2\) Who customarily and regularly directs the work of two or more
> other employees;
>
> \(3\) Who has the authority to hire or fire other employees or whose
> suggestions and recommendations as to the hiring or firing and as to
> the advancement and promotion or any other change of status of other
> employees will be given particular weight;
>
> \(4\) Who customarily and regularly exercises discretionary powers;
> and
>
> \(5\) Who does not devote more than 20 percent or, in the case of an
> employee of a retail or service establishment, who does not devote
> more than 40 percent of total hours of work in the work week to
> activities that are not directly and closely related to the
> performance of the work described in paragraphs (1) through (4) of
> this definition. This paragraph (5) does not apply in the case of an
> employee who is in sole charge of an establishment or a physically
> separated branch establishment, or who owns at least a 20 percent
> interest in the enterprise in which the individual is employed.
>
> Other eligible veteran means any other veteran who served on active
> duty during a war or in a campaign or expedition for which a campaign
> badge has been authorized.
>
> Positions that will be filled from within the Contractor\'s
> organization means employment openings for which the Contractor will
> give no consideration to persons outside the Contractor\'s
> organization (including any affiliates, subsidiaries, and parent
> companies) and includes any openings the Contractor proposes to fill
> from regularly established \"recall\" lists. The exception does not
> apply to a particular opening once an employer decides to consider
> applicants outside of its organization.
>
> Qualified special disabled veteran means a special disabled veteran
> who satisfies the requisite skill, experience, education, and other
> job-related requirements of the employment position such veteran holds
> or desires, and who, with or without reasonable accommodation, can
> perform the essential functions of such position.

Special disabled veteran means\--

> \(1\) A veteran who is entitled to compensation (or who but for the
> receipt of military retired pay would be entitled to compensation)
> under laws administered by the Department of Veterans Affairs for a
> disability\--
>
> \(i\) Rated at 30 percent or more; or
>
> \(ii\) Rated at 10 or 20 percent in the case of a veteran who has been
> determined under 38 U.S.C. 3106 to have a serious employment handicap
> (i.e., a significant impairment of the veteran\'s ability to prepare
> for, obtain, or retain employment consistent with the veteran\'s
> abilities, aptitudes, and interests); or
>
> \(2\) A person who was discharged or released from active duty because
> of a service-connected disability.

Veteran of the Vietnam era means a person who\--

> \(1\) Served on active duty for a period of more than 180 days and was
> discharged or released from active duty with other than a dishonorable
> discharge, if any part of such active duty occurred\--
>
> \(i\) In the Republic of Vietnam between February 28, 1961, and May 7,
> 1975; or
>
> \(ii\) Between August 5, 1964, and May 7, 1975, in all other cases; or
>
> \(2\) Was discharged or released from active duty for a
> service-connected disability if any part of the active duty was
> performed\--
>
> \(i\) In the Republic of Vietnam between February 28, 1961, and May 7,
> 1975; or
>
> \(ii\) Between August 5, 1964, and May 7, 1975, in all other cases.
>
> \(b\) General. (1) The Contractor shall not discriminate against the
> individual because the individual is a special disabled veteran, a
> veteran of the Vietnam era, or other eligible veteran, regarding any
> position for which the employee or applicant for employment is
> qualified. The Contractor shall take affirmative action to employ,
> advance in employment, and otherwise treat qualified special disabled
> veterans, veterans of the Vietnam era, and other eligible veterans
> without discrimination based upon their disability or veterans\'
> status in all employment practices such as\--
>
> \(i\) Recruitment, advertising, and job application procedures;
>
> \(ii\) Hiring, upgrading, promotion, award of tenure, demotion,
> transfer, layoff, termination, right of return from layoff and
> rehiring;
>
> \(iii\) Rate of pay or any other form of compensation and changes in
> compensation;
>
> \(iv\) Job assignments, job classifications, organizational
> structures, position descriptions, lines of progression, and seniority
> lists;
>
> \(v\) Leaves of absence, sick leave, or any other leave;
>
> \(vi\) Fringe benefits available by virtue of employment, whether or
> not administered by the Contractor;
>
> \(vii\) Selection and financial support for training, including
> apprenticeship, and on-the-job training under 38 U.S.C. 3687,
> professional meetings, conferences, and other related activities, and
> selection for leaves of absence to pursue training;
>
> \(viii\) Activities sponsored by the Contractor including social or
> recreational programs; and
>
> \(ix\) Any other term, condition, or privilege of employment.
>
> \(2\) The Contractor shall comply with the rules, regulations, and
> relevant orders of the Secretary of Labor issued under the Vietnam Era
> Veterans\' Readjustment Assistance Act of 1972 (the Act), as amended
> (38 U.S.C. 4211 and 4212).
>
> \(c\) Listing openings. (1) The Contractor shall immediately list all
> employment openings that exist at the time of the execution of this
> contract and those which occur during the performance of this
> contract, including those not generated by this contract, and
> including those occurring at an establishment of the Contractor other
> than the one where the contract is being performed, but excluding
> those of independently operated corporate affiliates, at an
> appropriate local public employment service office of the State
> wherein the opening occurs. Listing employment openings with the U.S.
> Department of Labor\'s America\'s Job Bank shall satisfy the
> requirement to list jobs with the local employment service office.
>
> \(2\) The Contractor shall make the listing of employment openings
> with the local employment service office at least concurrently with
> using any other recruitment source or effort and shall involve the
> normal obligations of placing a bona fide job order, including
> accepting referrals of veterans and nonveterans. This listing of
> employment openings does not require hiring any particular job
> applicant or hiring from any particular group of job applicants and is
> not intended to relieve the Contractor from any requirements of
> Executive orders or regulations concerning nondiscrimination in
> employment.
>
> \(3\) Whenever the Contractor becomes contractually bound to the
> listing terms of this clause, it shall advise the State public
> employment agency in each State where it has establishments of the
> name and location of each hiring location in the State. As long as the
> Contractor is contractually bound to these terms and has so advised
> the State agency, it need not advise the State agency of subsequent
> contracts. The Contractor may advise the State agency when it is no
> longer bound by this contract clause.
>
> \(d\) Applicability. This clause does not apply to the listing of
> employment openings that occur and are filled outside the 50 States,
> the District of Columbia, the Commonwealth of Puerto Rico, the
> Commonwealth of the Northern Mariana Islands, American Samoa, Guam,
> the Virgin Islands of the United States, and Wake Island.
>
> \(e\) Postings. (1) The Contractor shall post employment notices in
> conspicuous places that are available to employees and applicants for
> employment.
>
> \(2\) The employment notices shall\--
>
> \(i\) State the rights of applicants and employees as well as the
> Contractor\'s obligation under the law to take affirmative action to
> employ and advance in employment qualified employees and applicants
> who are special disabled veterans, veterans of the Vietnam era, and
> other eligible veterans; and
>
> \(ii\) Be in a form prescribed by the Deputy Assistant Secretary for
> Federal Contract Compliance Programs, Department of Labor (Deputy
> Assistant Secretary of Labor), and provided by or through the
> Contracting Officer.
>
> \(3\) The Contractor shall ensure that applicants or employees who are
> special disabled veterans are informed of the contents of the notice
> (e.g., the Contractor may have the notice read to a visually disabled
> veteran, or may lower the posted notice so that it can be read by a
> person in a wheelchair).
>
> \(4\) The Contractor shall notify each labor union or representative
> of workers with which it has a collective bargaining agreement, or
> other contract understanding, that the Contractor is bound by the
> terms of the Act and is committed to take affirmative action to
> employ, and advance in employment, qualified special disabled
> veterans, veterans of the Vietnam era, and other eligible veterans.
>
> \(f\) Noncompliance. If the Contractor does not comply with the
> requirements of this clause, the Government may take appropriate
> actions under the rules, regulations, and relevant orders of the
> Secretary of Labor issued pursuant to the Act.
>
> \(g\) Subcontracts. The Contractor shall insert the terms of this
> clause in all subcontracts or purchase orders of \$25,000 or more
> unless exempted by rules, regulations, or orders of the Secretary of
> Labor. The Contractor shall act as specified by the Deputy Assistant
> Secretary of Labor to enforce the terms, including action for
> noncompliance.

[]{#__RefHeading___Toc161106854 .anchor}**I.31 52.222-36 AFFIRMATIVE
ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)**

> \(a\) *General.* (1) Regarding any position for which the employee or
> applicant for employment is qualified, the Contractor shall not
> discriminate against any employee or applicant because of physical or
> mental disability. The Contractor agrees to take affirmative action to
> employ, advance in employment, and otherwise treat qualified
> individuals with disabilities without discrimination based upon their
> physical or mental disability in all employment practices such as -
>
> \(i\) Recruitment, advertising, and job application procedures;
>
> \(ii\) Hiring, upgrading, promotion, award of tenure, demotion,
> transfer, layoff, termination, right of return from layoff, and
> rehiring;
>
> \(iii\) Rates of pay or any other form of compensation and changes in
> compensation;
>
> \(iv\) Job assignments, job classifications, organizational
> structures, position descriptions, lines of progression, and seniority
> lists;
>
> \(v\) Leaves of absence, sick leave, or any other leave;
>
> \(vi\) Fringe benefits available by virtue of employment, whether or
> not administered by the Contractor;
>
> \(vii\) Selection and financial support for training, including
> apprenticeships, professional meetings, conferences, and other related
> activities, and selection for leaves of absence to pursue training;
>
> \(viii\) Activities sponsored by the Contractor, including social or
> recreational programs; and
>
> \(ix\) Any other term, condition, or privilege of employment.
>
> \(2\) The Contractor agrees to comply with the rules, regulations, and
> relevant orders of the Secretary of Labor (Secretary) issued under the
> Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amended.
>
> \(b\) *Postings.* (1) The Contractor agrees to post employment notices
> stating -
>
> \(i\) The Contractor\'s obligation under the law to take affirmative
> action to employ and advance in employment qualified individuals with
> disabilities; and
>
> \(ii\) The rights of applicants and employees.
>
> \(2\) These notices shall be posted in conspicuous places that are
> available to employees and applicants for employment. The Contractor
> shall ensure that applicants and employees with disabilities are
> informed of the contents of the notice (*e.g*., the Contractor may
> have the notice read to a visually disabled individual, or may lower
> the posted notice so that it might be read by a person in a
> wheelchair). The notices shall be in a form prescribed by the Deputy
> Assistant Secretary for Federal Contract Compliance of the U.S.
> Department of Labor (Deputy Assistant Secretary) and shall be provided
> by or through the Contracting Officer.
>
> \(3\) The Contractor shall notify each labor union or representative
> of workers with which it has a collective bargaining agreement or
> other contract understanding, that the Contractor is bound by the
> terms of Section 503 of the Act and is committed to take affirmative
> action to employ, and advance in employment, qualified individuals
> with physical or mental disabilities.
>
> \(c\) *Noncompliance.* If the Contractor does not comply with the
> requirements of this clause, appropriate actions may be taken under
> the rules, regulations, and relevant orders of the Secretary issued
> pursuant to the Act.
>
> \(d\) *Subcontracts.* The Contractor shall include the terms of this
> clause in every subcontract or purchase order in excess of \$10,000
> unless exempted by rules, regulations, or orders of the Secretary. The
> Contractor shall act as specified by the Deputy Assistant Secretary to
> enforce the terms, including action for noncompliance.

[]{#__RefHeading___Toc161106855 .anchor}**I.32 52.222-37 EMPLOYMENT
REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND
OTHER ELIGIBLE VETERANS (DEC 2001)**

> \(a\) Unless the Contractor is a State or local government agency, the
> Contractor shall report at least annually, as required by the
> Secretary of Labor, on-
>
> \(1\) The number of special disabled veterans, the number of veterans
> of the Vietnam era, and other eligible veterans in the workforce of
> the Contractor by job category and hiring location; and
>
> \(2\) The total number of new employees hired during the period
> covered by the report, and of the total, the number of special
> disabled veterans, the number of veterans of the Vietnam era, and the
> number of other eligible veterans; and
>
> \(3\) The maximum number and the minimum number of employees of the
> Contractor during the period covered by the report.
>
> \(b\) The Contractor shall report the above items by completing the
> Form VETS100, entitled \"Federal Contractor Veterans\' Employment
> Report (VETS100 Report)\".
>
> \(c\) The Contractor shall submit VETS100 Reports no later than
> September 30 of each year beginning September 30, 1988.
>
> \(d\) The employment activity report required by paragraph (a)(2) of
> this clause shall reflect total hires during the most recent 12month
> period as of the ending date selected for the employment profile
> report required by paragraph (a)(1) of this clause. Contractors may
> select an ending date-
>
> \(1\) As of the end of any pay period between July 1 and August 31 of
> the year the report is due; or the Equal Employment Opportunity
> Commission to do so for purposes of submitting the Employer
> Information Report EEO-1 (Standard Form 100).
>
> \(e\) The Contractor shall base the count of veterans reported
> according to paragraph (a) of this clause on voluntary disclosure.
> Each Contractor subject to the reporting requirements at 38 U.S.C.
> 4212 shall invite all special disabled veterans, veterans of the
> Vietnam era, and other eligible veterans who wish to benefit under the
> affirmative action program at 38 U.S.C. 4212 to identify themselves to
> the Contractor. The invitation shall state that-
>
> \(1\) The information is voluntarily provided;
>
> \(2\) The information will be kept confidential;
>
> \(3\) Disclosure or refusal to provide the information will not
> subject the applicant or employee to any adverse treatment; and
>
> \(4\) The information will be used only in accordance with the
> regulations promulgated under 38 U.S.C. 4212.
>
> \(f\) The Contractor shall insert the terms of this clause in all
> subcontracts or purchase orders of \$25,000 or more unless exempted by
> rules, regulations, or orders of the Secretary of Labor.

**I.33 RESERVED**

[]{#__RefHeading___Toc161106856 .anchor}**I.34 52.222-41 SERVICE
CONTRACT ACT OF 1965, AS AMENDED (JUL 2005)**

> \(a\) *Definitions*. "Act," as used in this clause, means the Service
> Contract Act of 1965, as amended (41 U.S.C. 351, *et seq*.).
>
> "Contractor," as used in this clause or in any subcontract, shall be
> deemed to refer to the subcontractor, except in the term "Government
> Prime Contractor."
>
> "Service employee," as used in this clause, means any person engaged
> in the performance of this contract other than any person employed in
> a bona fide executive, administrative, or professional capacity, as
> these terms are defined in Part 541 of Title 29, Code of Federal
> Regulations, as revised. It includes all such persons regardless of
> any contractual relationship that may be alleged to exist between a
> Contractor or subcontractor and such persons.
>
> \(b\) *Applicability*. This contract is subject to the following
> provisions and to all other applicable provisions of the Act and
> regulations of the Secretary of Labor (29 CFR Part 4). This clause
> does not apply to contracts or subcontracts administratively exempted
> by the Secretary of Labor or exempted by 41 U.S.C. 356, as interpreted
> in Subpart C of 29 CFR part 4.
>
> \(c\) *Compensation*. (1) Each service employee employed in the
> performance of this contract by the Contractor or any subcontractor
> shall be paid not less than the minimum monetary wages and shall be
> furnished fringe benefits in accordance with the wages and fringe
> benefits determined by the Secretary of Labor, or authorized
> representative, as specified in any wage determination attached to
> this contract.
>
> (2)(i) If a wage determination is attached to this contract, the
> Contractor shall classify any class of service employee which is not
> listed therein and which is to be employed under the contract (*i.e*.,
> the work to be performed is not performed by any classification listed
> in the wage determination) so as to provide a reasonable relationship
> (*i.e*., appropriate level of skill comparison) between such unlisted
> classifications and the classifications listed in the wage
> determination. Such conformed class of employees shall be paid the
> monetary wages and furnished the fringe benefits as are determined
> pursuant to the procedures in this paragraph (c).
>
> \(ii\) This conforming procedure shall be initiated by the Contractor
> prior to the performance of contract work by the unlisted class of
> employee. The Contractor shall submit Standard Form (SF) 1444, Request
> For Authorization of Additional Classification and Rate, to the
> Contracting Officer no later than 30 days after the unlisted class of
> employee performs any contract work. The Contracting Officer shall
> review the proposed classification and rate and promptly submit the
> completed SF 1444 (which must include information regarding the
> agreement or disagreement of the employees\' authorized
> representatives or the employees themselves together with the agency
> recommendation), and all pertinent information to the Wage and Hour
> Division, Employment Standards Administration, U.S. Department of
> Labor. The Wage and Hour Division will approve, modify, or disapprove
> the action or render a final determination in the event of
> disagreement within 30 days of receipt or will notify the Contracting
> Officer within 30 days of receipt that additional time is necessary.
>
> \(iii\) The final determination of the conformance action by the Wage
> and Hour Division shall be transmitted to the Contracting Officer who
> shall promptly notify the Contractor of the action taken. Each
> affected employee shall be furnished by the Contractor with a written
> copy of such determination or it shall be posted as a part of the wage
> determination.
>
> (iv)(A) The process of establishing wage and fringe benefit rates that
> bear a reasonable relationship to those listed in a wage determination
> cannot be reduced to any single formula. The approach used may vary
> from wage determination to wage determination depending on the
> circumstances. Standard wage and salary administration practices which
> rank various job classifications by pay grade pursuant to point
> schemes or other job factors may, for example, be relied upon.
> Guidance may also be obtained from the way different jobs are rated
> under Federal pay systems (Federal Wage Board Pay System and the
> General Schedule) or from other wage determinations issued in the same
> locality. Basic to the establishment of any conformable wage rate(s)
> is the concept that a pay relationship should be maintained between
> job classifications based on the skill required and the duties
> performed.
>
> \(B\) In the case of a contract modification, an exercise of an
> option, or extension of an existing contract, or in any other case
> where a Contractor succeeds a contract under which the classification
> in question was previously conformed pursuant to paragraph (c) of this
> clause, a new conformed wage rate and fringe benefits may be assigned
> to the conformed classification by indexing (*i.e*., adjusting) the
> previous conformed rate and fringe benefits by an amount equal to the
> average (mean) percentage increase (or decrease, where appropriate)
> between the wages and fringe benefits specified for all
> classifications to be used on the contract which are listed in the
> current wage determination, and those specified for the corresponding
> classifications in the previously applicable wage determination. Where
> conforming actions are accomplished in accordance with this paragraph
> prior to the performance of contract work by the unlisted class of
> employees, the Contractor shall advise the Contracting Officer of the
> action taken but the other procedures in subdivision (c)(2)(ii) of
> this clause need not be followed.
>
> \(C\) No employee engaged in performing work on this contract shall in
> any event be paid less than the currently applicable minimum wage
> specified under section 6(a)(1) of the Fair Labor Standards Act of
> 1938, as amended.
>
> \(v\) The wage rate and fringe benefits finally determined under this
> subparagraph (c)(2) of this clause shall be paid to all employees
> performing in the classification from the first day on which contract
> work is performed by them in the classification. Failure to pay the
> unlisted employees the compensation agreed upon by the interested
> parties and/or finally determined by the Wage and Hour Division
> retroactive to the date such class of employees commenced contract
> work shall be a violation of the Act and this contract.
>
> \(vi\) Upon discovery of failure to comply with subparagraph (c)(2) of
> this clause, the Wage and Hour Division shall make a final
> determination of conformed classification, wage rate, and/or fringe
> benefits which shall be retroactive to the date such class or classes
> of employees commenced contract work.
>
> \(3\) *Adjustment of compensation*. If the term of this contract is
> more than 1 year, the minimum monetary wages and fringe benefits
> required to be paid or furnished thereunder to service employees under
> this contract shall be subject to adjustment after 1 year and not less
> often than once every 2 years, under wage determinations issued by the
> Wage and Hour Division.
>
> \(d\) *Obligation to furnish fringe benefits*. The Contractor or
> subcontractor may discharge the obligation to furnish fringe benefits
> specified in the attachment or determined under subparagraph (c)(2) of
> this clause by furnishing equivalent combinations of bona fide fringe
> benefits, or by making equivalent or differential cash payments, only
> in accordance with Subpart D of 29 CFR Part 4.
>
> \(e\) *Minimum wage*. In the absence of a minimum wage attachment for
> this contract, neither the Contractor nor any subcontractor under this
> contract shall pay any person performing work under this contract
> (regardless of whether the person is a service employee) less than the
> minimum wage specified by section 6(a)(1) of the Fair Labor Standards
> Act of 1938. Nothing in this clause shall relieve the Contractor or
> any subcontractor of any other obligation under law or contract for
> payment of a higher wage to any employee.
>
> \(f\) *Successor contracts*. If this contract succeeds a contract
> subject to the Act under which substantially the same services were
> furnished in the same locality and service employees were paid wages
> and fringe benefits provided for in a collective bargaining agreement,
> in the absence of the minimum wage attachment for this contract
> setting forth such collectively bargained wage rates and fringe
> benefits, neither the Contractor nor any subcontractor under this
> contract shall pay any service employee performing any of the contract
> work (regardless of whether or not such employee was employed under
> the predecessor contract), less than the wages and fringe benefits
> provided for in such collective bargaining agreement, to which such
> employee would have been entitled if employed under the predecessor
> contract, including accrued wages and fringe benefits and any
> prospective increases in wages and fringe benefits provided for under
> such agreement. No Contractor or subcontractor under this contract may
> be relieved of the foregoing obligation unless the limitations of 29
> CFR 4.1b(b) apply or unless the Secretary of Labor or the Secretary\'s
> authorized representative finds, after a hearing as provided in 29 CFR
> 4.10 that the wages and/or fringe benefits provided for in such
> agreement are substantially at variance with those which prevail for
> services of a character similar in the locality, or determines, as
> provided in 29 CFR 4.11, that the collective bargaining agreement
> applicable to service employees employed under the predecessor
> contract was not entered into as a result of arm\'s length
> negotiations. Where it is found in accordance with the review
> procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that
> some or all of the wages and/or fringe benefits contained in a
> predecessor Contractor\'s collective bargaining agreement are
> substantially at variance with those which prevail for services of a
> character similar in the locality, and/or that the collective
> bargaining agreement applicable to service employees employed under
> the predecessor contract was not entered into as a result of arm\'s
> length negotiations, the Department will issue a new or revised wage
> determination setting forth the applicable wage rates and fringe
> benefits. Such determination shall be made part of the contract or
> subcontract, in accordance with the decision of the Administrator, the
> Administrative Law Judge, or the Board of Service Contract Appeals, as
> the case may be, irrespective of whether such issuance occurs prior to
> or after the award of a contract or subcontract (53 Comp. Gen. 401
> (1973)). In the case of a wage determination issued solely as a result
> of a finding of substantial variance, such determination shall be
> effective as of the date of the final administrative decision.
>
> \(g\) *Notification to employees*. The Contractor and any
> subcontractor under this contract shall notify each service employee
> commencing work on this contract of the minimum monetary wage and any
> fringe benefits required to be paid pursuant to this contract, or
> shall post the wage determination attached to this contract. The
> poster provided by the Department of Labor (Publication WH 1313) shall
> be posted in a prominent and accessible place at the worksite. Failure
> to comply with this requirement is a violation of section 2(a)(4) of
> the Act and of this contract.
>
> \(h\) *Safe and sanitary working conditions*. The Contractor or
> subcontractor shall not permit any part of the services called for by
> this contract to be performed in buildings or surroundings or under
> working conditions provided by or under the control or supervision of
> the Contractor or subcontractor which are unsanitary, hazardous, or
> dangerous to the health or safety of the service employees. The
> Contractor or subcontractor shall comply with the safety and health
> standards applied under 29 CFR Part 1925.
>
> \(i\) *Records*. (1) The Contractor and each subcontractor performing
> work subject to the Act shall make and maintain for 3 years from the
> completion of the work, and make them available for inspection and
> transcription by authorized representatives of the Wage and Hour
> Division, Employment Standards Administration, a record of the
> following:
>
> \(i\) For each employee subject to the Act -
>
> \(A\) Name and address and social security number;
>
> \(B\) Correct work classification or classifications, rate or rates of
> monetary wages paid and fringe benefits provided, rate or rates of
> payments in lieu of fringe benefits, and total daily and weekly
> compensation;
>
> \(C\) Daily and weekly hours worked by each employee; and
>
> \(D\) Any deductions, rebates, or refunds from the total daily or
> weekly compensation of each employee.
>
> \(ii\) For those classes of service employees not included in any wage
> determination attached to this contract, wage rates or fringe benefits
> determined by the interested parties or by the Administrator or
> authorized representative under the terms of paragraph (c) of this
> clause. A copy of the report required by subdivision (c)(2)(ii) of
> this clause will fulfill this requirement.
>
> \(iii\) Any list of the predecessor Contractor\'s employees which had
> been furnished to the Contractor as prescribed by paragraph (n) of
> this clause.
>
> \(2\) The Contractor shall also make available a copy of this contract
> for inspection or transcription by authorized representatives of the
> Wage and Hour Division.
>
> \(3\) Failure to make and maintain or to make available these records
> for inspection and transcription shall be a violation of the
> regulations and this contract, and in the case of failure to produce
> these records, the Contracting Officer, upon direction of the
> Department of Labor and notification to the Contractor, shall take
> action to cause suspension of any further payment or advance of funds
> until the violation ceases.
>
> \(4\) The Contractor shall permit authorized representatives of the
> Wage and Hour Division to conduct interviews with employees at the
> worksite during normal working hours.
>
> \(j\) *Pay periods*. The Contractor shall unconditionally pay to each
> employee subject to the Act all wages due free and clear and without
> subsequent deduction (except as otherwise provided by law or
> regulations, 29 CFR Part 4), rebate, or kickback on any account. These
> payments shall be made no later than one pay period following the end
> of the regular pay period in which the wages were earned or accrued. A
> pay period under this Act may not be of any duration longer than
> semi-monthly.
>
> \(k\) *Withholding of payments and termination of contract*. The
> Contracting Officer shall withhold or cause to be withheld from the
> Government Prime Contractor under this or any other Government
> contract with the Prime Contractor such sums as an appropriate
> official of the Department of Labor requests or such sums as the
> Contracting Officer decides may be necessary to pay underpaid
> employees employed by the Contractor or subcontractor. In the event of
> failure to pay any employees subject to the Act all or part of the
> wages or fringe benefits due under the Act, the Contracting Officer
> may, after authorization or by direction of the Department of Labor
> and written notification to the Contractor, take action to cause
> suspension of any further payment or advance of funds until such
> violations have ceased. Additionally, any failure to comply with the
> requirements of this clause may be grounds for termination of the
> right to proceed with the contract work. In such event, the Government
> may enter into other contracts or arrangements for completion of the
> work, charging the Contractor in default with any additional cost.
>
> \(l\) *Subcontracts*. The Contractor agrees to insert this clause in
> all subcontracts subject to the Act.
>
> \(m\) *Collective bargaining agreements applicable to service
> employees*. If wages to be paid or fringe benefits to be furnished any
> service employees employed by the Government Prime Contractor or any
> subcontractor under the contract are provided for in a collective
> bargaining agreement which is or will be effective during any period
> in which the contract is being performed, the Government Prime
> Contractor shall report such fact to the Contracting Officer, together
> with full information as to the application and accrual of such wages
> and fringe benefits, including any prospective increases, to service
> employees engaged in work on the contract, and a copy of the
> collective bargaining agreement. Such report shall be made upon
> commencing performance of the contract, in the case of collective
> bargaining agreements effective at such time, and in the case of such
> agreements or provisions or amendments thereof effective at a later
> time during the period of contract performance such agreements shall
> be reported promptly after negotiation thereof.
>
> \(n\) *Seniority list*. Not less than 10 days prior to completion of
> any contract being performed at a Federal facility where service
> employees may be retained in the performance of the succeeding
> contract and subject to a wage determination which contains vacation
> or other benefit provisions based upon length of service with a
> Contractor (predecessor) or successor (29 CFR 4.173), the incumbent
> Prime Contractor shall furnish the Contracting Officer a certified
> list of the names of all service employees on the Contractor\'s or
> subcontractor\'s payroll during the last month of contract
> performance. Such list shall also contain anniversary dates of
> employment on the contract either with the current or predecessor
> Contractors of each such service employee. The Contracting Officer
> shall turn over such list to the successor Contractor at the
> commencement of the succeeding contract.
>
> \(o\) *Rulings and interpretations*. Rulings and interpretations of
> the Act are contained in Regulations, 29 CFR Part 4.
>
> \(p\) *Contractor\'s certification*. (1) By entering into this
> contract, the Contractor (and officials thereof) certifies that
> neither it (nor he or she) nor any person or firm who has a
> substantial interest in the Contractor\'s firm is a person or firm
> ineligible to be awarded Government contracts by virtue of the
> sanctions imposed under section 5 of the Act.
>
> \(2\) No part of this contract shall be subcontracted to any person or
> firm ineligible for award of a Government contract under section 5 of
> the Act.
>
> \(3\) The penalty for making false statements is prescribed in the
> U.S. Criminal Code, 18 U.S.C. 1001.
>
> \(q\) *Variations, tolerances, and exemptions involving employment*.
> Notwithstanding any of the provisions in paragraphs (b) through (o) of
> this clause, the following employees may be employed in accordance
> with the following variations, tolerances, and exemptions, which the
> Secretary of Labor, pursuant to section 4(b) of the Act prior to its
> amendment by Pub. L. 92-473, found to be necessary and proper in the
> public interest or to avoid serious impairment of the conduct of
> Government business:
>
> \(1\) Apprentices, student-learners, and workers whose earning
> capacity is impaired by age, physical or mental deficiency, or injury
> may be employed at wages lower than the minimum wages otherwise
> required by section 2(a)(1) or 2(b)(1) of the Act without diminishing
> any fringe benefits or cash payments in lieu thereof required under
> section 2(a)(2) of the Act, in accordance with the conditions and
> procedures prescribed for the employment of apprentices,
> student-learners, handicapped persons, and handicapped clients of
> sheltered workshops under section 14 of the Fair Labor Standards Act
> of 1938, in the regulations issued by the Administrator (29 CFR Parts
> 520, 521, 524, and 525).
>
> \(2\) The Administrator will issue certificates under the Act for the
> employment of apprentices, student-learners, handicapped persons, or
> handicapped clients of sheltered workshops not subject to the Fair
> Labor Standards Act of 1938, or subject to different minimum rates of
> pay under the two acts, authorizing appropriate rates of minimum wages
> (but without changing requirements concerning fringe benefits or
> supplementary cash payments in lieu thereof), applying procedures
> prescribed by the applicable regulations issued under the Fair Labor
> Standards Act of 1938 (29 CFR Parts 520, 521, 524, and 525).
>
> \(3\) The Administrator will also withdraw, annul, or cancel such
> certificates in accordance with the regulations in 29 CFR Parts 525
> and 528.
>
> \(r\) *Apprentices*. Apprentices will be permitted to work at less
> than the predetermined rate for the work they perform when they are
> employed and individually registered in a bona fide apprenticeship
> program registered with a State Apprenticeship Agency which is
> recognized by the U.S. Department of Labor, or if no such recognized
> agency exists in a State, under a program registered with the Office
> of Apprenticeship Training, Employer, and Labor Services (OATELS),
> U.S. Department of Labor. Any employee who is not registered as an
> apprentice in an approved program shall be paid the wage rate and
> fringe benefits contained in the applicable wage determination for the
> journeyman classification of work actually performed. The wage rates
> paid apprentices shall not be less than the wage rate for their level
> of progress set forth in the registered program, expressed as the
> appropriate percentage of the journeyman\'s rate contained in the
> applicable wage determination. The allowable ratio of apprentices to
> journeymen employed on the contract work in any craft classification
> shall not be greater than the ratio permitted to the Contractor as to
> his entire work force under the registered program.
>
> \(s\) *Tips*. An employee engaged in an occupation in which the
> employee customarily and regularly receives more than \$30 a month in
> tips may have the amount of these tips credited by the employer
> against the minimum wage required by section 2(a)(1) or section
> 2(b)(1) of the Act, in accordance with section 3(m) of the Fair Labor
> Standards Act and Regulations, 29 CFR Part 531. However, the amount of
> credit shall not exceed \$1.34 per hour beginning January 1, 1981. To
> use this provision -
>
> \(1\) The employer must inform tipped employees about this tip credit
> allowance before the credit is utilized;
>
> \(2\) The employees must be allowed to retain all tips (individually
> or through a pooling arrangement and regardless of whether the
> employer elects to take a credit for tips received);
>
> \(3\) The employer must be able to show by records that the employee
> receives at least the applicable Service Contract Act minimum wage
> through the combination of direct wages and tip credit; and
>
> \(4\) The use of such tip credit must have been permitted under any
> predecessor collective bargaining agreement applicable by virtue of
> section 4(c) of the Act.
>
> \(t\) *Disputes concerning labor standards*. The U.S. Department of
> Labor has set forth in 29 CFR Parts 4, 6, and 8 procedures for
> resolving disputes concerning labor standards requirements. Such
> disputes shall be resolved in accordance with those procedures and not
> the Disputes clause of this contract. Disputes within the meaning of
> this clause include disputes between the Contractor (or any of its
> subcontractors) and the contracting agency, the U.S. Department of
> Labor, or the employees or their representatives.

[]{#__RefHeading___Toc161106857 .anchor}**I.35 52.222-42 STATEMENT OF
EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)**

In compliance with the Service Contract Act of 1965, as amended, and the
regulations of the Secretary of Labor (29 CFR Part 4), this clause
identifies the classes of service employees expected to be employed
under the contract and states the wages and fringe benefits payable to
each if they were employed by the contracting agency subject to the
provisions of 5 U.S.C. 5341 or 5332.

*This Statement is for Information Only:*

*It is not a Wage Determination*

**Employee Class Monetary Wage - Fringe Benefits**

\[ \] \[ \]

(Refer to most recent Service Contract Act Directory of Occupations
which contains Federal grade equivalents at
[www.dol.gov/esa/regs/compliance/whd/web/index.htm](http://www.dol.gov/esa/regs/compliance/whd/web/index.htm).

[]{#__RefHeading___Toc161106858 .anchor}**I.36 52.222-43 FAIR LABOR
STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE ADJUSTMENT (MULTIPLE YEAR
AND OPTION CONTRACTS) (MAY 1989)**

> \(a\) This clause applies to both contracts subject to area prevailing
> wage determinations and contracts subject to collective bargaining
> agreements.
>
> \(b\) The Contractor warrants that the prices in this contract do not
> include any allowance for any contingency to cover increased costs for
> which adjustment is provided under this clause.
>
> \(c\) The wage determination, issued under the Service Contract Act of
> 1965, as amended, (41 U.S.C. 351, *et seq*.), by the Administrator,
> Wage and Hour Division, Employment Standards Administration, U.S.
> Department of Labor, current on the anniversary date of a multiple
> year contract or the beginning of each renewal option period, shall
> apply to this contract. If no such determination has been made
> applicable to this contract, then the Federal minimum wage as
> established by section 6(a)(1) of the Fair Labor Standards Act of
> 1938, as amended, (29 U.S.C. 206) current on the anniversary date of a
> multiple year contract or the beginning of each renewal option period,
> shall apply to this contract.
>
> \(d\) The contract price or contract unit price labor rates will be
> adjusted to reflect the Contractor\'s actual increase or decrease in
> applicable wages and fringe benefits to the extent that the increase
> is made to comply with or the decrease is voluntarily made by the
> Contractor as a result of:
>
> \(1\) The Department of Labor wage determination applicable on the
> anniversary date of the multiple year contract, or at the beginning of
> the renewal option period. For example, the prior year wage
> determination required a minimum wage rate of \$4.00 per hour. The
> Contractor chose to pay \$4.10. The new wage determination increases
> the minimum rate to \$4.50 per hour. Even if the Contractor
> voluntarily increases the rate to \$4.75 per hour, the allowable price
> adjustment is \$.40 per hour;
>
> \(2\) An increased or decreased wage determination otherwise applied
> to the contract by operation of law; or
>
> \(3\) An amendment to the Fair Labor Standards Act of 1938 that is
> enacted after award of this contract, affects the minimum wage, and
> becomes applicable to this contract under law.
>
> \(e\) Any adjustment will be limited to increases or decreases in
> wages and fringe benefits as described in paragraph (c) of this
> clause, and the accompanying increases or decreases in social security
> and unemployment taxes and workers\' compensation insurance, but shall
> not otherwise include any amount for general and administrative costs,
> overhead, or profit.
>
> \(f\) The Contractor shall notify the Contracting Officer of any
> increase claimed under this clause within 30 days after receiving a
> new wage determination unless this notification period is extended in
> writing by the Contracting Officer. The Contractor shall promptly
> notify the Contracting Officer of any decrease under this clause, but
> nothing in the clause shall preclude the Government from asserting a
> claim within the period permitted by law. The notice shall contain a
> statement of the amount claimed and any relevant supporting data,
> including payroll records, that the Contracting Officer may reasonably
> require. Upon agreement of the parties, the contract price or contract
> unit price labor rates shall be modified in writing. The Contractor
> shall continue performance pending agreement on or determination of
> any such adjustment and its effective date.
>
> \(g\) The Contracting Officer or an authorized representative shall
> have access to and the right to examine any directly pertinent books,
> documents, papers and records of the Contractor until the expiration
> of 3 years after final payment under the contract.

[]{#__RefHeading___Toc161106859 .anchor}**I.37 52.223-5 POLLUTION
PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)**

> \(a\) Definitions. As used in this clause\--
>
> Priority chemical means a chemical identified by the Interagency
> Environmental Leadership Workgroup or, alternatively, by an agency
> pursuant to section 503 of Executive Order 13148 of April 21, 2000,
> Greening the Government through Leadership in Environmental
> Management.

Toxic chemical means a chemical or chemical category listed in 40 CFR
372.65.

> \(b\) Executive Order 13148 requires Federal facilities to comply with
> the provisions of the Emergency Planning and Community Right-to-Know
> Act of 1986 (EPCRA) (42 U.S.C. 11001-11050) and the Pollution
> Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109).
>
> \(c\) The Contractor shall provide all information needed by the
> Federal facility to comply with the following:
>
> \(1\) The emergency planning reporting requirements of section 302 of
> EPCRA.
>
> \(2\) The emergency notice requirements of section 304 of EPCRA.
>
> \(3\) The list of Material Safety Data Sheets, required by section 311
> of EPCRA.
>
> \(4\) The emergency and hazardous chemical inventory forms of section
> 312 of EPCRA.
>
> \(5\) The toxic chemical release inventory of section 313 of EPCRA,
> which includes the reduction and recycling information required by
> section 6607 of PPA.
>
> \(6\) The toxic chemical, priority chemical, and hazardous substance
> release and use reduction goals of sections 502 and 503 of Executive
> Order 13148.

[]{#__RefHeading___Toc161106860 .anchor}**I.38 52.223-6 DRUG-FREE
WORKPLACE (MAY 2001)**

> \(a\) *Definitions*. As used in this clause -
>
> "Controlled substance" means a controlled substance in schedules I
> through V of section 202 of the Controlled Substances Act (21 U.S.C.
> 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15.
>
> "Conviction" means a finding of guilt (including a plea of *nolo
> contendere*) or imposition of sentence, or both, by any judicial body
> charged with the responsibility to determine violations of the Federal
> or State criminal drug statutes.
>
> "Criminal drug statute" means a Federal or non-Federal criminal
> statute involving the manufacture, distribution, dispensing,
> possession, or use of any controlled substance.
>
> "Drug-free workplace" means the site(s) for the performance of work
> done by the Contractor in connection with a specific contract where
> employees of the Contractor are prohibited from engaging in the
> unlawful manufacture, distribution, dispensing, possession, or use of
> a controlled substance.
>
> "Employee" means an employee of a Contractor directly engaged in the
> performance of work under a Government contract. "Directly engaged" is
> defined to include all direct cost employees and any other Contractor
> employee who has other than a minimal impact or involvement in
> contract performance.
>
> "Individual" means an offeror/contractor that has no more than one
> employee including the offeror/contractor.
>
> \(b\) The Contractor, if other than an individual, shall - within 30
> days after award (unless a longer period is agreed to in writing for
> contracts of 30 days or more performance duration), or as soon as
> possible for contracts of less than 30 days performance duration -
>
> \(1\) Publish a statement notifying its employees that the unlawful
> manufacture, distribution, dispensing, possession, or use of a
> controlled substance is prohibited in the Contractor\'s workplace and
> specifying the actions that will be taken against employees for
> violations of such prohibition;
>
> \(2\) Establish an ongoing drug-free awareness program to inform such
> employees about -
>
> \(i\) The dangers of drug abuse in the workplace;
>
> \(ii\) The Contractor\'s policy of maintaining a drug-free workplace;
>
> \(iii\) Any available drug counseling, rehabilitation, and employee
> assistance programs; and
>
> \(iv\) The penalties that may be imposed upon employees for drug abuse
> violations occurring in the workplace;
>
> \(3\) Provide all employees engaged in performance of the contract
> with a copy of the statement required by subparagraph (b)(1) of this
> clause;
>
> \(4\) Notify such employees in writing in the statement required by
> subparagraph (b)(1) of this clause that, as a condition of continued
> employment on this contract, the employee will -
>
> \(i\) Abide by the terms of the statement; and
>
> \(ii\) Notify the employer in writing of the employee\'s conviction
> under a criminal drug statute for a violation occurring in the
> workplace no later than 5 days after such conviction;
>
> \(5\) Notify the Contracting Officer in writing within 10 days after
> receiving notice under subdivision (b)(4)(ii) of this clause, from an
> employee or otherwise receiving actual notice of such conviction. The
> notice shall include the position title of the employee;
>
> \(6\) Within 30 days after receiving notice under subdivision
> (b)(4)(ii) of this clause of a conviction, take one of the following
> actions with respect to any employee who is convicted of a drug abuse
> violation occurring in the workplace:
>
> \(i\) Taking appropriate personnel action against such employee, up to
> and including termination; or
>
> \(ii\) Require such employee to satisfactorily participate in a drug
> abuse assistance or rehabilitation program approved for such purposes
> by a Federal, State, or local health, law enforcement, or other
> appropriate agency; and
>
> \(7\) Make a good faith effort to maintain a drug-free workplace
> through implementation of subparagraphs (b)(1) though (b)(6) of this
> clause.
>
> \(c\) The Contractor, if an individual, agrees by award of the
> contract or acceptance of a purchase order, not to engage in the
> unlawful manufacture, distribution, dispensing, possession, or use of
> a controlled substance while performing this contract.
>
> \(d\) In addition to other remedies available to the Government, the
> Contractor\'s failure to comply with the requirements of paragraph (b)
> or (c) of this clause may, pursuant to FAR 23.506, render the
> Contractor subject to suspension of contract payments, termination of
> the contract or default, and suspension or debarment.

[]{#__RefHeading___Toc161106861 .anchor}**I.39 52.224-1 PRIVACY ACT
NOTIFICATION (APR 1984)**

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

[]{#__RefHeading___Toc161106862 .anchor}**I.40 52.224-2 PRIVACY ACT (APR
1984)**

> \(a\) The Contractor agrees to -
>
> \(1\) Comply with the Privacy Act of 1974 (the Act) and the agency
> rules and regulations issued under the Act in the design, development,
> or operation of any system of records on individuals to accomplish an
> agency function when the contract specifically identifies -
>
> \(i\) The systems of records; and
>
> \(ii\) The design, development, or operation work that the contractor
> is to perform;
>
> \(2\) Include the Privacy Act notification contained in this contract
> in every solicitation and resulting subcontract and in every
> subcontract awarded without a solicitation, when the work statement in
> the proposed subcontract requires the redesign, development, or
> operation of a system of records on individuals that is subject to the
> Act; and
>
> \(3\) Include this clause, including this subparagraph (3), in all
> subcontracts awarded under this contract which requires the design,
> development, or operation of such a system of records.
>
> \(b\) In the event of violations of the Act, a civil action may be
> brought against the agency involved when the violation concerns the
> design, development, or operation of a system of records on
> individuals to accomplish an agency function, and criminal penalties
> may be imposed upon the officers or employees of the agency when the
> violation concerns the operation of a system of records on individuals
> to accomplish an agency function. For purposes of the Act, when the
> contract is for the operation of a system of records on individuals to
> accomplish an agency function, the Contractor is considered to be an
> employee of the agency.
>
> (c)(1) "Operation of a system of records," as used in this clause,
> means performance of any of the activities associated with maintaining
> the system of records, including the collection, use, and
> dissemination of records.
>
> \(2\) "Record," as used in this clause, means any item, collection, or
> grouping of information about an individual that is maintained by an
> agency, including, but not limited to, education, financial
> transactions, medical history, and criminal or employment history and
> that contains the person\'s name, or the identifying number, symbol,
> or other identifying particular assigned to the individual, such as a
> fingerprint or voiceprint or a photograph.
>
> \(3\) "System of records on individuals," as used in this clause,
> means a group of any records under the control of any agency from
> which information is retrieved by the name of the individual or by
> some identifying number, symbol, or other identifying particular
> assigned to the individual.

[]{#__RefHeading___Toc161106863 .anchor}**I.41 52.225-1 BUY AMERICAN
ACT - SUPPLIES (JUN 2003)**

> \(a\) *Definitions*. As used in this clause -
>
> "Component" means an article, material, or supply incorporated
> directly into an end product.

"Cost of components" means -

> \(1\) For components purchased by the Contractor, the acquisition
> cost, including transportation costs to the place of incorporation
> into the end product (whether or not such costs are paid to a domestic
> firm), and any applicable duty (whether or not a duty-free entry
> certificate is issued); or
>
> \(2\) For components manufactured by the Contractor, all costs
> associated with the manufacture of the component, including
> transportation costs as described in paragraph (1) of this definition,
> plus allocable overhead costs, but excluding profit. Cost of
> components does not include any costs associated with the manufacture
> of the end product.

"Domestic end product" means -

> \(1\) An unmanufactured end product mined or produced in the United
> States; or
>
> \(2\) An end product manufactured in the United States, if the cost of
> its components mined, produced, or manufactured in the United States
> exceeds 50 percent of the cost of all its components. Components of
> foreign origin of the same class or kind as those that the agency
> determines are not mined, produced, or manufactured in sufficient and
> reasonably available commercial quantities of a satisfactory quality
> are treated as domestic. Scrap generated, collected, and prepared for
> processing in the United States is considered domestic.
>
> "End product" means those articles, materials, and supplies to be
> acquired under the contract for public use.

"Foreign end product" means an end product other than a domestic end
product.

"United States" means the 50 States, the District of Columbia, and
outlying areas.

> \(b\) The Buy American Act (41 U.S.C. 10a-10d) provides a preference
> for domestic end products for supplies acquired for use in the United
> States.
>
> \(c\) Offerors may obtain from the Contracting Officer a list of
> foreign articles that the Contracting Officer will treat as domestic
> for this contract.
>
> \(d\) The Contractor shall deliver only domestic end products except
> to the extent that it specified delivery of foreign end products in
> the provision of the solicitation entitled "Buy American Act -
> Certificate."

[]{#__RefHeading___Toc161106864 .anchor}**I.42 52.225-13 RESTRICTIONS ON
CERTAIN FOREIGN PURCHASES (FEB 2006)**

> \(a\) Except as authorized by the Office of Foreign Assets Control
> (OFAC) in the Department of the Treasury, the Contractor shall not
> acquire, for use in the performance of this contract, any supplies or
> services if any proclamation, Executive order, or statute administered
> by OFAC, or if OFAC\'s implementing regulations at 31 CFR chapter V,
> would prohibit such a transaction by a person subject to the
> jurisdiction of the United States.
>
> \(b\) Except as authorized by OFAC, most transactions involving Cuba,
> Iran, and Sudan are prohibited, as are most imports from North Korea,
> into the United States or its outlying areas. Lists of entities and
> individuals subject to economic sanctions are included in OFAC\'s List
> of Specially Designated Nationals and Blocked Persons at
> http://www.treas.gov/offices/enforcement/ofac/sdn. More information
> about these restrictions, as well as updates, is available in the
> OFAC\'s regulations at 31 CFR chapter V and/or on OFAC\'s Web site at
> http://www.treas.gov/offices/enforcement/ofac.
>
> \(c\) The Contractor shall insert this clause, including this
> paragraph (c), in all subcontracts.

[]{#__RefHeading___Toc161106865 .anchor}**I.43 52.227-1 AUTHORIZATION
AND CONSENT (JUL 1995)**

> \(a\) The Government authorizes and consents to all use and
> manufacture, in performing this contract or any subcontract at any
> tier, of any invention described in and covered by a United States
> patent (1) embodied in the structure or composition of any article the
> delivery of which is accepted by the Government under this contract or
> (2) used in machinery, tools, or methods whose use necessarily results
> from compliance by the Contractor or a subcontractor with (i)
> specifications or written provisions forming a part of this contract
> or (ii) specific written instructions given by the Contracting Officer
> directing the manner of performance. The entire liability to the
> Government for infringement of a patent of the United States shall be
> determined solely by the provisions of the indemnity clause, if any,
> included in this contract or any subcontract hereunder (including any
> lower-tier subcontract), and the Government assumes liability for all
> other infringement to the extent of the authorization and consent
> hereinabove granted.
>
> \(b\) The Contractor agrees to include, and require inclusion of, this
> clause, suitably modified to identify the parties, in all subcontracts
> at any tier for supplies or services (including construction,
> architect-engineer services, and materials, supplies, models, samples,
> and design or testing services expected to exceed the simplified
> acquisition threshold); however, omission of this clause from any
> subcontract, including those at or below the simplified acquisition
> threshold, does not affect this authorization and consent.

[]{#__RefHeading___Toc161106866 .anchor}**I.44 52.227-2 NOTICE AND
ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996)**

> \(a\) The Contractor shall report to the Contracting Officer, promptly
> and in reasonable written detail, each notice or claim of patent or
> copyright infringement based on the performance of this contract of
> which the Contractor has knowledge.
>
> \(b\) In the event of any claim or suit against the Government on
> account of any alleged patent or copyright infringement arising out of
> the performance of this contract or out of the use of any supplies
> furnished or work or services performed under this contract, the
> Contractor shall furnish to the Government, when requested by the
> Contracting Officer, all evidence and information in possession of the
> Contractor pertaining to such suit or claim. Such evidence and
> information shall be furnished at the expense of the Government except
> where the Contractor has agreed to indemnify the Government.
>
> \(c\) The Contractor agrees to include, and require inclusion of, this
> clause in all subcontracts at any tier for supplies or services
> (including construction and architect-engineer subcontracts and those
> for material, supplies, models, samples, or design or testing
> services) expected to exceed the simplified acquisition threshold at
> FAR 2.101.

[]{#__RefHeading___Toc161106867 .anchor}**I.45 52.227-3 PATENT INDEMNITY
(APR 1984)**

> \(a\) The Contractor shall indemnify the Government and its officers,
> agents, and employees against liability, including costs, for
> infringement of any United States patent (except a patent issued upon
> an application that is now or may hereafter be withheld from issue
> pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of the
> manufacture or delivery of supplies, the performance of services, or
> the construction, alteration, modification, or repair of real property
> (hereinafter referred to as "construction work") under this contract,
> or out of the use or disposal by or for the account of the Government
> of such supplies or construction work.
>
> \(b\) This indemnity shall not apply unless the Contractor shall have
> been informed as soon as practicable by the Government of the suit or
> action alleging such infringement and shall have been given such
> opportunity as is afforded by applicable laws, rules, or regulations
> to participate in its defense. Further, this indemnity shall not apply
> to -
>
> \(1\) An infringement resulting from compliance with specific written
> instructions of the Contracting Officer directing a change in the
> supplies to be delivered or in the materials or equipment to be used,
> or directing a manner of performance of the contract not normally used
> by the Contractor;
>
> \(2\) An infringement resulting from addition to or change in supplies
> or components furnished or construction work performed that was made
> subsequent to delivery or performance; or
>
> \(3\) A claimed infringement that is unreasonably settled without the
> consent of the Contractor, unless required by final decree of a court
> of competent jurisdiction.

[]{#__RefHeading___Toc161106868 .anchor}**I.46 52.227-14 RIGHTS IN
DATA-GENERAL (JUN 1987) ALTERNATE I, II, III AND V (JUN 1987)**

\(a\) Definitions.

> \(1\) Computer data bases, as used in this clause, means a collection
> of data in a form capable of, and for the purpose of, being stored in,
> processed, and operated on by a computer. The term does not include
> computer software.
>
> \(2\) Computer software, as used in this clause, means (i) computer
> programs, which are data comprising a series of instructions, rules,
> routines, or statements, regardless of the media in which recorded,
> that allow or cause a computer to perform a specific operation or
> series of operations and (ii) data comprising source code listings,
> design details, algorithms, processes, flow charts, formulae, and
> related material that would enable the computer program to be
> produced, created, or compiled. The term does not include computer
> data bases.
>
> \(3\) Data, as used in this clause, means recorded information,
> regardless of form or the media on which it may be recorded. The term
> includes technical data and computer software. For the purposes of
> this clause, the term does not include data incidental to contract
> administration, such as financial, administrative, cost or pricing, or
> management information.
>
> \(4\) Form, fit, and function data, as used in this clause, means data
> relating to items, components, or processes that are sufficient to
> enable physical and functional interchangeability, as well as data
> identifying source, size, configuration, mating, and attachment
> characteristics, functional characteristics, and performance
> requirements, except that for computer software it means data
> identifying source, functional characteristics, and performance
> requirements but specifically excludes the source code, algorithm,
> process, formulae, and flow charts of the software.
>
> \(5\) Limited rights data, as used in this clause, means data, (other
> than computer software) developed at private expense that embody trade
> secrets or are commercial or financial and confidential or privileged.
> The Government's rights to use, duplicate, or disclose limited rights
> data are as set forth in the Limited Rights Notice of subparagraph
> (g)(2) of this section if included in this clause.
>
> \(6\) Restricted computer software, as used in this clause, means
> computer software developed at private expense and that is a trade
> secret; is commercial or financial and is confidential or privileged;
> or is published copyrighted computer software; including minor
> modifications of such computer software. The Government's right to
> use, duplicate, or disclose restricted computer software are as set
> forth in the Restricted Rights Notice of subparagraph (g)(3) of this
> section if included in this clause.
>
> \(7\) Technical data, as used in this clause, means recorded data,
> regardless of form or characteristic, that are of a scientific or
> technical nature. Technical data does not include computer software,
> but does include manuals and instructional materials and technical
> data formatted as a computer data base.
>
> \(8\) Unlimited rights, as used in this clause, means the rights of
> the Government to use, disclose, reproduce, prepare derivative works,
> distribute copies to the public, and perform publicly and display
> publicly, in any manner, including by electronic means, and for any
> purpose whatsoever, and to have or permit others to do so.

\(b\) Allocation of rights.

> \(1\) Except as provided in paragraph (c) of this clause regarding
> copyright, the Government shall have unlimited rights in\--
>
> \(i\) Data first produced in the performance of this contract.
>
> \(ii\) Form, fit, and function data delivered under this contract.
>
> \(iii\) Data delivered under this contract (except for restricted
> computer software) that constitute manuals or instructional and
> training material for installation, operation, or routine maintenance
> and repair of items, components, or processes delivered or furnished
> for use under this contract; and
>
> \(iv\) All other data delivered under this contract unless provided
> otherwise for limited rights data or restricted computer software in
> accordance with paragraph (g) of this clause.
>
> \(2\) The Contractor shall have the right to\--
>
> \(i\) Use, release to others, reproduce, distribute, or publish any
> data first produced or specifically used by the Contractor in the
> performance of this contract, unless provided otherwise in paragraph
> (d) of this contract.
>
> \(ii\) Protect from unauthorized disclosure and use those data which
> are limited rights data or restricted computer software to the extent
> provided in paragraph (g) of this clause;
>
> \(iii\) Substantiate use of, add or correct limited rights, restricted
> rights, or copyright notices and to take other appropriate action, in
> accordance with paragraphs (e) and (f) of this clause; and
>
> \(iv\) Establish claim to copyright subsisting in data first produced
> in the performance of this contract to the extent provided in
> subparagraph (c)(1) of this clause.

\(c\) Copyright.

> \(1\) Data first produced in the performance of this contract. Unless
> provided otherwise in paragraph (d) of this clause, the Contractor may
> establish, without prior approval of the Contracting officer, claim to
> copyright subsisting in scientific and technical articles based on or
> containing data first produced in the performance of this contract and
> published in academic, technical or professional journals, symposia
> proceedings or similar works. The prior, express written permission of
> the Contracting Officer is required to establish claim to copyright
> subsisting in all other data first produced in the performance of this
> contract. When claim to copyright is made, the Contractor shall affix
> the applicable copyright notices of 17 U.S.C. 401 or 402 and
> acknowledgment of Government sponsorship (including contract number)
> to the data when such data are delivered to the Government, as well as
> when the data are published or deposited for registration as a
> published work in the U.S. Copyright Office. For data other than
> computer software the Contractor grants to the Government, and others
> acting on its behalf, a paid-up, nonexclusive, irrevocable, worldwide
> license in such copyrighted data to reproduce, prepare derivative
> works, distribute copies to the public, and perform publicly and
> display publicly, by or on behalf of the Government. For computer
> software, the Contractor grants the Government and others acting in
> its behalf, a paid-up, nonexclusive, irrevocable, worldwide license in
> such copyrighted computer software to reproduce, prepare derivative
> works, and perform publicly and display publicly by or on behalf of
> the Government.
>
> \(2\) Data not first produced in the performance of this contract. The
> Contractor shall not, without prior written permission of the
> Contracting Officer, incorporate in data delivered under this contract
> any data not first produced in the performance of this contract and
> which contains the copyright notice of 17 U.S.C. 401 or 402, unless
> the Contractor identifies such data and grants to the Government, or
> acquires on its behalf, a license of the same scope as set forth in
> subparagraph (c)(1) of this clause; provided, however, that if such
> data are computer software the Government shall acquire a copyright
> license as set forth in subparagraph (g)(3) of this clause if included
> in this contract or as otherwise may be provided in a collateral
> agreement incorporated in or made part of this contract.
>
> \(3\) Removal of copyright notices. The Government agrees not to
> remove any copyright notices placed on data pursuant to this paragraph
> (c) and to include such notices on all reproductions of the data.

\(d\) Release, publication and use of data.

> \(1\) The Contractor shall have the right to use, release to others,
> reproduce, distribute, or publish any data first produced or
> specifically used by the Contractor in the performance of this
> contract, except to the extent such data may be subject to the Federal
> export control or national security laws or regulations, or unless
> otherwise provided in this paragraph of this clause or expressly set
> forth in this contract.
>
> \(2\) The Contractor agrees that to the extent it receives or is given
> access to data necessary for the performance of this contract which
> contain restrictive markings, the Contractor shall treat the data in
> accordance with such markings unless otherwise specifically authorized
> in writing by the Contracting Officer.
>
> The Contractor agrees not to assert copyright in computer software
> first produced in the performance of this contract without prior
> written permission of the DOE Patent Counsel assisting the contracting
> activity. When such permission is granted, the Patent Counsel shall
> specify appropriate terms, conditions, and submission requirements to
> assure utilization, dissemination, and commercialization of the data.
> The Contractor, when requested, shall promptly deliver to Patent
> Counsel a duly executed and approved instrument fully confirmatory of
> all rights to which the Government is entitled.

\(e\) Unauthorized marking of data.

> \(1\) Notwithstanding any other provisions of this contract concerning
> inspection or acceptance, if any data delivered under this contract
> are marked with the notice specified in subparagraph (g)(2) or (g)(3)
> of this clause and use of such is not authorized by this clause, or if
> such data bears any other restrictive or limiting markings not
> authorized by this contract, the Contracting Officer may at any time
> either return the data to the Contractor, or cancel or ignore the
> markings. However, the following procedures shall apply prior to
> canceling or ignoring the markings.
>
> \(i\) The Contracting Officer shall make written inquiry to the
> Contractor affording the Contractor 30 days from receipt of the
> inquiry to provide written justification to substantiate the propriety
> of the markings;
>
> \(ii\) If the Contractor fails to respond or fails to provide written
> justification to substantiate the propriety of the markings within the
> 30-day period (or a longer time not exceeding 90 days approved in
> writing by the Contracting Officer for good cause shown), the
> Government shall have the right to cancel or ignore the markings at
> any time after said period and the data will no longer be made subject
> to any disclosure prohibition.
>
> \(iii\) If the Contractor provides written justification to
> substantiate the propriety of the markings within the period set in
> subdivision (e)(1)(i) of this clause, the Contracting Officer shall
> consider such written justification and determine whether or not the
> markings are to be canceled or ignored. If the Contracting Officer
> determines that the markings are authorized, the Contractor shall be
> so notified in writing. If the Contracting Officer determines, with
> concurrence of the head of the contracting activity, that the markings
> are not authorized, the Contracting Officer shall furnish the
> Contractor a written determination, which determination shall become
> the final agency decision regarding the appropriateness of the
> markings unless the Contractor files suit in a court of competent
> jurisdiction within 90 days of receipt of the Contracting Officer\'s
> decision. The Government shall continue to abide by the markings under
> this subdivision (e)(1)(iii) until final resolution of the matter
> either by the Contracting Officer\'s determination becoming final (in
> which instance the Government shall thereafter have the right to
> cancel or ignore the markings at any time and the data will no longer
> be made subject to any disclosure prohibitions), or by final
> disposition of the matter by court decision if suit is filed.
>
> \(2\) The time limits in the procedures set forth in subparagraph
> (e)(1) of this clause may be modified in accordance with agency
> regulations implementing the Freedom of Information Act (5 U.S.C. 552)
> if necessary to respond to a request thereunder.
>
> \(3\) This paragraph (e) does not apply if this contract is for a
> major system or for support of a major system by a civilian agency
> other than NASA and the U.S. Coast Guard agency subject to the
> provisions of Title III of the Federal Property and Administrative
> Services Act of 1949.
>
> \(4\) Except to the extent the Government\'s action occurs as the
> result of final disposition of the matter by a court of competent
> jurisdiction, the Contractor is not precluded by this paragraph (e)
> from bringing a claim under the Contract Disputes Act, including
> pursuant to the Disputes clause of this contract, as applicable, that
> may arise as the result of the Government removing or ignoring
> authorized markings on data delivered under this contract.

\(f\) Omitted or incorrect markings.

> \(1\) Data delivered to the Government without either the limited
> rights or restricted rights notice as authorized by paragraph (g) of
> this clause, or the copyright notice required by paragraph (c) of this
> clause, shall be deemed to have been furnished with unlimited rights,
> and the Government assumes no liability for the disclosure, use, or
> reproduction of such data. However, to the extent the data has not
> been disclosed without restriction outside the Government, the
> Contractor may request, within 6 months (or a longer time approved by
> the Contracting Officer for good cause shown) after delivery of such
> data, permission to have notices placed on qualifying data at the
> Contractor\'s expense, and the Contracting Officer may agree to do so
> if the Contractor\--
>
> \(i\) Identifies the data to which the omitted notice is to be
> applied;
>
> \(ii\) Demonstrates that the omission of the notice was inadvertent;
>
> \(iii\) Establishes that the use of the proposed notice is authorized;
> and
>
> \(iv\) Acknowledges that the Government has no liability with respect
> to the disclosure, use, or reproduction of any such data made prior to
> the addition of the notice or resulting from the omission of the
> notice.
>
> \(2\) The Contracting Officer may also (i) permit correction at the
> Contractor\'s expense of incorrect notices if the Contractor
> identifies the data on which correction of the notice is to be made,
> and demonstrates that the correct notice is authorized, or (ii)
> correct any incorrect notices.

\(g\) Protection of limited rights data and restricted computer
software.

> \(1\) When data other than that listed in subdivisions (b)(1)(i),
> (ii), and (iii) of this clause are specified to be delivered under
> this contract and qualify as either limited rights data or restricted
> computer software, if the Contractor desires to continue protection of
> such data, the Contractor shall withhold such data and not furnish
> them to the Government under this contract. As a condition of this
> withholding, the Contractor shall identify the data being withheld and
> furnish form, fit, and function data in lieu thereof. Limited rights
> data that are formatted as a computer data base for delivery to the
> Government are to be treated as limited rights data and not restricted
> computer software.
>
> \(2\) Notwithstanding paragraph (g)(1) of this clause, the contract
> may identify and specify the delivery of limited rights data, or the
> Contracting Officer may require by written request the delivery of
> limited rights data that has been withheld or would otherwise be
> withholdable. If delivery of such data is so required, the Contractor
> may affix the following \"Limited Rights Notice\" to the data and the
> Government will thereafter treat the data, subject to the provisions
> of paragraphs (e) and (f) of this clause, in accordance with such
> Notice:

Limited Rights Notice (June 1987)

> \(a\) These data are submitted with limited rights under Government
> Contract No. \[\_\_\] (and subcontract \[\_\_\], if appropriate).
> These data may be reproduced and used by the Government with the
> express limitation that they will not, without written permission of
> the Contractor, be used for purposes of manufacture nor disclosed
> outside the Government; except that the Government may disclose these
> data outside the Government for the following purposes, if any;
> provided that the Government makes such disclosure subject to
> prohibition against further use and disclosure: \[Agencies may list
> additional purposes as set forth in 27.404(d)(1) or if none, so
> state.\]
>
> \(b\) This Notice shall be marked on any reproduction of these data,
> in whole or in part.
>
> \(3\) (i) Notwithstanding paragraph (g)(1) of this clause, the
> contract may identify and specify the delivery of restricted computer
> software, or the Contracting Officer may require by written request
> the delivery of restricted computer software that has been withheld or
> would otherwise be withholdable. If delivery of such computer software
> is so required, the Contractor may affix the following \"Restricted
> Rights Notice\" to the computer software and the Government will
> thereafter treat the computer software, subject to paragraphs (e) and
> (f) of this clause, in accordance with the Notice:
>
> Restricted Rights Notice (June 1987)
>
> \(a\) This computer software is submitted with restricted rights under
> Government Contract No. \[\_\_\] (and subcontract \[\_\_\], if
> appropriate). It may not be used, reproduced, or disclosed by the
> Government except as provided in paragraph (b) of this Notice or as
> otherwise expressly stated in the contract.
>
> \(b\) This computer software may be-
>
> \(1\) Used or copied for use in or with the computer or computers for
> which it was acquired, including use at any Government installation to
> which such computer or computers may be transferred;
>
> \(2\) Used or copied for use in a backup computer if any computer for
> which it was acquired is inoperative;
>
> \(3\) Reproduced for safekeeping (archives) or backup purposes;
>
> \(4\) Modified, adapted, or combined with other computer software,
> provided that the modified, combined, or adapted portions of the
> derivative software incorporating restricted computer software are
> made subject to the same restricted rights;
>
> \(5\) Disclosed to and reproduced for use by support service
> Contractors in accordance with paragraphs (b)(1) through (4) of this
> clause, provided the Government makes such disclosure or reproduction
> subject to these restricted rights; and
>
> \(6\) Used or copied for use in or transferred to a replacement
> computer.
>
> \(c\) Notwithstanding the foregoing, if this computer software is
> published copyrighted computer software, it is licensed to the
> Government, without disclosure prohibitions, with the minimum rights
> set forth in paragraph (b) of this clause.
>
> \(d\) Any other rights or limitations regarding the use, duplication,
> or disclosure of this computer software are to be expressly stated in,
> or incorporated in, the contract.
>
> \(e\) This Notice shall be marked on any reproduction of this computer
> software, in whole or in part.
>
> (End of notice)
>
> \(ii\) Where it is impractical to include the Restricted Rights Notice
> on restricted computer software, the following short-form Notice may
> be used in lieu thereof:
>
> Restricted Rights Notice Short Form (June 1987)
>
> Use, reproduction, or disclosure is subject to restrictions set forth
> in Contract No. \[\_\_\] (and subcontract, if appropriate) with
> \[\_\_\] (name of Contractor and subcontractor).
>
> (End of notice)
>
> \(iii\) If restricted computer software is delivered with the
> copyright notice of 17 U.S.C. 401, it will be presumed to be published
> copyrighted computer software licensed to the Government without
> disclosure prohibitions, with the minimum rights set forth in
> paragraph (b) of this clause, unless the Contractor includes the
> following statement with such copyright notice: \"Unpublished-rights
> reserved under the Copyright Laws of the United States.\"

\(h\) Subcontracting. The Contractor has the responsibility to obtain
from its subcontractors all data and rights therein necessary to fulfill
the Contractor\'s obligations to the Government under this contract. If
a subcontractor refuses to accept terms affording the Government such
rights, the Contractor shall promptly bring such refusal to the
attention of the Contracting Officer and not proceed with subcontract
award without further authorization.

\(i\) Relationship to patents. Nothing contained in this clause shall
imply a license to the Government under any patent or be construed as
affecting the scope of any license or other right otherwise granted to
the Government.

\(j\) The Contractor agrees, except as may be otherwise specified in
this contract for specific data items listed as not subject to this
paragraph, that the Contracting Officer or an authorized representative
may, up to three years after acceptance of all items to be delivered
under this contract, inspect at the Contractor\'s facility any data
withheld pursuant to paragraph (g)(1) of this clause, for purposes of
verifying the Contractor\'s assertion pertaining to the limited rights
or restricted rights status of the data or for evaluating work
performance. Where the Contractor whose data are to be inspected
demonstrates to the Contracting Officer that there would be a possible
conflict of interest if the inspection were made by a particular
representative, the Contractor shall designate an alternate inspector.

[]{#__RefHeading___Toc161106869 .anchor}**I.47 52.227-23 RIGHTS TO
PROPOSAL DATA (TECHNICAL) (JUN 1987)**

Except for data contained on pages \[None\], it is agreed that as a
condition of award of this contract, and notwithstanding the conditions
of any notice appearing thereon, the Government shall have unlimited
rights (as defined in the "Rights in Data - General" clause contained in
this contract) in and to the technical data contained in the proposal
dated August 28, 2006, upon which this contract is based.

[]{#__RefHeading___Toc161106870 .anchor}**I.48 52.232-7 PAYMENTS UNDER
TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (AUG 2005)**

The Government will pay the Contractor as follows upon the submission of
invoices or vouchers approved by the Contracting Officer:

> \(a\) *Hourly rate*. (1) The amounts shall be computed by multiplying
> the appropriate hourly rates prescribed in the Schedule by the number
> of direct labor hours performed. The rates shall include wages,
> indirect costs, general and administrative expense, and profit.
> Fractional parts of an hour shall be payable on a prorated basis.
> Vouchers may be submitted once each month (or at more frequent
> intervals, if approved by the Contracting Officer), to the Contracting
> Officer or designee. The Contractor shall substantiate vouchers by
> evidence of actual payment and by individual daily job timecards, or
> other substantiation approved by the Contracting Officer. Promptly
> after receipt of each substantiated voucher, the Government shall,
> except as otherwise provided in this contract, and subject to the
> terms of (e) of this section, pay the voucher as approved by the
> Contracting Officer.
>
> \(2\) Unless otherwise prescribed in the Schedule, the Contracting
> Officer may unilaterally issue a contract modification requiring the
> Contractor to withhold amounts from its billings until a reserve is
> set aside in an amount that the Contracting Officer considers
> necessary to protect the Government\'s interests. The Contracting
> Officer may require a withhold of 5 percent of the amounts due under
> paragraph (a), but the total amount withheld for the contract shall
> not
>
> exceed \$50,000. The amounts withheld shall be retained until the
> Contractor executes and delivers the release required by paragraph (f)
> of this clause.
>
> \(3\) Unless the Schedule prescribes otherwise, the hourly rates in
> the Schedule shall not be varied by virtue of the Contractor having
> performed work on an overtime basis. If no overtime rates are provided
> in the Schedule and overtime work is approved in advance by the
> Contracting Officer, overtime rates shall be negotiated. Failure to
> agree upon these overtime rates shall be treated as a dispute under
> the Disputes clause of this contract. If the Schedule provides rates
> for overtime, the premium portion of those rates will be reimbursable
> only to the extent the overtime is approved by the Contracting
> Officer.
>
> \(b\) *Materials and subcontracts*. (1) The Contracting Officer will
> determine allowable costs of direct materials in accordance with
> Subpart 31.2 of the Federal Acquisition Regulation (FAR) in effect on
> the date of this contract. Direct materials, as used in this clause,
> are those materials that enter directly into the end product, or that
> are used or consumed directly in connection with the furnishing of the
> end product.
>
> \(2\) The Contractor may include reasonable and allocable material
> handling costs in the charge for material to the extent they are
> clearly excluded from the hourly rate. Material handling costs are
> comprised of indirect costs, including, when appropriate, general and
> administrative expense allocated to direct materials in accordance
> with the Contractor\'s usual accounting practices consistent with
> Subpart 31.2 of the FAR.
>
> \(3\) The Government will reimburse the Contractor for supplies and
> services purchased directly for the contract when the Contractor\--
>
> \(i\) Has made payments of cash, checks, or other forms of payment for
> these purchased supplies or services; or
>
> \(ii\) Will make these payments determined due\--
>
> \(A\) In accordance with the terms and conditions of a subcontract or
> invoice; and
>
> \(B\) Ordinarily within 30 days of the submission of the Contractor\'s
> payment request to the Government.
>
> (4)(i) The Government will reimburse the Contractor for costs of
> subcontracts that are authorized under the subcontracts clause of this
> contract, provided that the costs are consistent with paragraph (b)(5)
> of this clause.
>
> \(ii\) The Government will limit reimbursable costs in connection with
> subcontracts to the amounts paid for supplies and services purchased
> directly for the contract when the Contractor has made or will make
> payments determined due of cash, checks, or other forms of payment to
> the subcontractor\--
>
> \(A\) In accordance with the terms and conditions of a subcontract or
> invoice; and
>
> \(B\) Ordinarily within 30 days of the submission of the Contractor\'s
> payment request to the Government.
>
> \(iii\) The Government will not reimburse the Contractor for any costs
> arising from the letting, administration, or supervision of
> performance of the subcontract, if the costs are included in the
> hourly rates payable under paragraph (a)(1) of this clause.
>
> \(5\) To the extent able, the Contractor shall -
>
> \(i\) Obtain materials at the most advantageous prices available with
> due regard to securing prompt delivery of satisfactory materials; and
>
> \(ii\) Take all cash and trade discounts, rebates, allowances,
> credits, salvage, commissions, and other benefits. When unable to take
> advantage of the benefits, the Contractor shall promptly notify the
> Contracting Officer and give the reasons. The Contractor shall give
> credit to the Government for cash and trade discounts, rebates, scrap,
> commissions, and other amounts that have accrued to the benefit of the
> Contractor, or would have accrued except for the fault or neglect of
> the Contractor. The Contractor shall not deduct from gross costs the
> benefits lost without fault or neglect on the part of the Contractor,
> or lost through fault of the Government.
>
> \(c\) *Total cost*. It is estimated that the total cost to the
> Government for the performance of this contract shall not exceed the
> ceiling price set forth in the Schedule and the Contractor agrees to
> use its best efforts to perform the work specified in the Schedule and
> all obligations under this contract within such ceiling price. If at
> any time the Contractor has reason to believe that the hourly rate
> payments and material costs that will accrue in performing this
> contract in the next succeeding 30 days, if added to all other
> payments and costs previously accrued, will exceed 85 percent of the
> ceiling price in the Schedule, the Contractor shall notify the
> Contracting Officer giving a revised estimate of the total price to
> the Government for performing this contract with supporting reasons
> and documentation. If at any time during performing this contract, the
> Contractor has reason to believe that the total price to the
> Government for performing this contract will be substantially greater
> or less than the then stated ceiling price, the Contractor shall so
> notify the Contracting Officer, giving a revised estimate of the total
> price for performing this contract, with supporting reasons and
> documentation. If at any time during performing this contract, the
> Government has reason to believe that the work to be required in
> performing this contract will be substantially greater or less than
> the stated
>
> ceiling price, the Contracting Officer will so advise the Contractor,
> giving the then revised estimate of the total amount of effort to be
> required under the contract.
>
> \(d\) *Ceiling price*. The Government shall not be obligated to pay
> the Contractor any amount in excess of the ceiling price in the
> Schedule, and the Contractor shall not be obligated to continue
> performance if to do so would exceed the ceiling price set forth in
> the Schedule, unless and until the Contracting Officer shall have
> notified the Contractor in writing that the ceiling price has been
> increased and shall have specified in the notice a revised ceiling
> that shall constitute the ceiling price for performance under this
> contract. When and to the extent that the ceiling price set forth in
> the Schedule has been increased, any hours expended and material costs
> incurred by the Contractor in excess of the ceiling price before the
> increase shall be allowable to the same extent as if the hours
> expended and material costs had been incurred after the increase in
> the ceiling price.
>
> \(e\) *Audit*. At any time before final payment under this contract
> the Contracting Officer may request audit of the invoices or vouchers
> and substantiating material. Each payment previously made shall be
> subject to reduction to the extent of amounts, on preceding invoices
> or vouchers, that are found by the Contracting Officer not to have
> been properly payable and shall also be subject to reduction for
> overpayments or to increase for underpayments. Upon receipt and
> approval of the voucher or invoice designated by the Contractor as the
> "completion voucher" or "completion invoice" and substantiating
> material, and upon compliance by the Contractor with all terms of this
> contract (including, without limitation, terms relating to patents and
> the terms of (f) and (g) of this section), the Government shall
> promptly pay any balance due the Contractor. The completion invoice or
> voucher, and substantiating material, shall be submitted by the
> Contractor as promptly as practicable following completion of the work
> under this contract, but in no event later than 1 year (or such longer
> period as the Contracting Officer may approve in writing) from the
> date of completion.
>
> \(f\) *Assignment*. The Contractor, and each assignee under an
> assignment entered into under this contract and in effect at the time
> of final payment under this contract, shall execute and deliver, at
> the time of and as a condition precedent to final payment under this
> contract, a release discharging the Government, its officers, agents,
> and employees of and from all liabilities, obligations, and claims
> arising out of or under this contract, subject only to the following
> exceptions:
>
> \(1\) Specified claims in stated amounts, or in estimated amounts if
> the amounts are not susceptible of exact statement by the Contractor.
>
> \(2\) Claims, together with reasonable incidental expenses, based upon
> the liabilities of the Contractor to third parties arising out of
> performing this contract, that are not known to the Contractor on the
> date of the execution of the release, and of which the Contractor
> gives notice in writing to the Contracting Officer not more than 6
> years after the date of the release or the date of any notice to the
> Contractor that the Government is prepared to make final payment,
> whichever is earlier.
>
> \(3\) Claims for reimbursement of costs (other than expenses of the
> Contractor by reason of its indemnification of the Government against
> patent liability), including reasonable incidental expenses, incurred
> by the Contractor under the terms of this contract relating to
> patents.
>
> \(g\) *Refunds*. The Contractor agrees that any refunds, rebates, or
> credits (including any related interest) accruing to or received by
> the Contractor or any assignee, that arise under the materials portion
> of this contract and for which the Contractor has received
> reimbursement, shall be paid by the Contractor to the Government. The
> Contractor and each assignee, under an assignment entered into under
> this contract and in effect at the time of final payment under this
> contract, shall execute and deliver, at the time of and as a condition
> precedent to final payment under this contract, an assignment to the
> Government of such refunds, rebates, or credits (including any
> interest) in form and substance satisfactory to the Contracting
> Officer.
>
> \(h\) Interim payments. (1) Interim payments made prior to the final
> payment under the contract are contract financing payments. Contract
> financing payments are not subject to the interest penalty provisions
> of the Prompt Payment Act.
>
> \(2\) The designated payment office will make interim payments for
> contract financing on the \[Contracting Officer insert day as
> prescribed by agency head; if not prescribed, insert "30th"\] day
> after the designated billing office receives a proper payment request.
> In the event that the Government requires an audit or other review of
> a specific payment request to ensure compliance with the terms and
> conditions of the contract, the designated payment office is not
> compelled to make payment by the specified due date.

[]{#__RefHeading___Toc161106871 .anchor}**I.49 52.232-17 INTEREST (JUN
1996)**

> \(a\) Except as otherwise provided in this contract under a Price
> Reduction for Defective Cost or Pricing Data clause or a Cost
> Accounting Standards clause, all amounts that become payable by the
> Contractor to the Government under this contract (net of any
> applicable tax credit under the Internal Revenue Code (26 U.S.C.
> 1481)) shall bear simple interest from the date due until paid unless
> paid within 30 days of becoming due. The interest rate shall be the
> interest rate established by the Secretary of the Treasury as provided
> in Section 12 of the Contract Disputes Act of 1978 (Public Law
> 95-563), which is applicable to the period in which the amount becomes
> due, as provided in paragraph (b) of this clause, and then at the rate
> applicable for each six-month period as fixed by the Secretary until
> the amount is paid.
>
> \(b\) Amounts shall be due at the earliest of the following dates:
>
> \(1\) The date fixed under this contract.
>
> \(2\) The date of the first written demand for payment consistent with
> this contract, including any demand resulting from a default
> termination.
>
> \(3\) The date the Government transmits to the Contractor a proposed
> supplemental agreement to confirm completed negotiations establishing
> the amount of debt.
>
> \(4\) If this contract provides for revision of prices, the date of
> written notice to the Contractor stating the amount of refund payable
> in connection with a pricing proposal or a negotiated pricing
> agreement not confirmed by contract modification.
>
> \(c\) The interest charge made under this clause may be reduced under
> the procedures prescribed in 32.614-2 of the Federal Acquisition
> Regulation in effect on the date of this contract.

[]{#__RefHeading___Toc161106872 .anchor}**I.50 52.232-23 ASSIGNMENT OF
CLAIMS (JAN 1986)**

> \(a\) The Contractor, under the Assignment of Claims Act, as amended,
> 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as "the Act"), may
> assign its rights to be paid amounts due or to become due as a result
> of the performance of this contract to a bank, trust company, or other
> financing institution, including any Federal lending agency. The
> assignee under such an assignment may thereafter further assign or
> reassign its right under the original assignment to any type of
> financing institution described in the preceding sentence.
>
> \(b\) Any assignment or reassignment authorized under the Act and this
> clause shall cover all unpaid amounts payable under this contract, and
> shall not be made to more than one party, except that an assignment or
> reassignment may be made to one party as agent or trustee for two or
> more parties participating in the financing of this contract.
>
> \(c\) The Contractor shall not furnish or disclose to any assignee
> under this contract any classified document (including this contract)
> or information related to work under this contract until the
> Contracting Officer authorizes such action in writing.

[]{#__RefHeading___Toc161106873 .anchor}**I.51 52.232-25 PROMPT PAYMENT
(OCT 2003)**

> Notwithstanding any other payment clause in this contract, the
> Government will make invoice payments under the terms and conditions
> specified in this clause. The Government considers payment as being
> made on the day a check is dated or the date of an electronic funds
> transfer (EFT). Definitions of pertinent terms are set forth in
> sections 2.101, 32.001, and 32.902 of the Federal Acquisition
> Regulation. All days referred to in this clause are calendar days,
> unless otherwise specified. (However, see paragraph (a)(4) of this
> clause concerning payments due on Saturdays, Sundays, and legal
> holidays.)
>
> \(a\) Invoice payments\--(1) Due date. (i) Except as indicated in
> paragraphs (a)(2) and (c) of this clause, the due date for making
> invoice payments by the designated payment office is the later of the
> following two events:
>
> \(A\) The 30th day after the designated billing office receives a
> proper invoice from the Contractor (except as provided in paragraph
> (a)(1)(ii) of this clause).
>
> \(B\) The 30th day after Government acceptance of supplies delivered
> or services performed. For a final invoice, when the payment amount is
> subject to contract settlement actions, acceptance is deemed to occur
> on the effective date of the contract settlement.
>
> \(ii\) If the designated billing office fails to annotate the invoice
> with the actual date of receipt at the time of receipt, the invoice
> payment due date is the 30th day after the date of the Contractor\'s
> invoice, provided the designated billing office receives a proper
> invoice and there is no disagreement over quantity, quality, or
> Contractor compliance with contract requirements.
>
> \(2\) Certain food products and other payments. (i) Due dates on
> Contractor invoices for meat, meat food products, or fish; perishable
> agricultural commodities; and dairy products, edible fats or oils, and
> food products prepared from edible fats or oils are\--
>
> \(A\) For meat or meat food products, as defined in section 2(a)(3) of
> the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as
> further defined in Pub. L. 98-181, including any edible fresh or
> frozen poultry meat, any perishable poultry meat food product, fresh
> eggs, and any perishable egg product, as close as possible to, but not
> later than, the 7th day after product delivery.
>
> \(B\) For fresh or frozen fish, as defined in section 204(3) of the
> Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close
> as possible to, but not later than, the 7th day after product
> delivery.
>
> \(C\) For perishable agricultural commodities, as defined in section
> 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C.
> 499a(4)), as close as possible to, but not later than, the 10th day
> after product delivery, unless another date is specified in the
> contract.
>
> \(D\) For dairy products, as defined in section 111(e) of the Dairy
> Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible fats
> or oils, and food products prepared from edible fats or oils, as close
> as possible to, but not later than, the 10th day after the date on
> which a proper invoice has been received. Liquid milk, cheese, certain
> processed cheese products, butter, yogurt, ice cream, mayonnaise,
> salad dressings, and other similar products, fall within this
> classification. Nothing in the Act limits this classification to
> refrigerated products. When questions arise regarding the proper
> classification of a specific product, prevailing industry practices
> will be followed in specifying a contract payment due date. The burden
> of proof that a classification of a specific product is, in fact,
> prevailing industry practice is upon the Contractor making the
> representation.
>
> \(ii\) If the contract does not require submission of an invoice for
> payment (e.g., periodic lease payments), the due date will be as
> specified in the contract.
>
> \(3\) Contractor\'s invoice. The Contractor shall prepare and submit
> invoices to the designated billing office specified in the contract. A
> proper invoice must include the items listed in paragraphs (a)(3)(i)
> through (a)(3)(x) of this clause. If the invoice does not comply with
> these requirements, the designated billing office will return it
> within 7 days after receipt (3 days for meat, meat food products, or
> fish; 5 days for perishable agricultural commodities, dairy products,
> edible fats or oils, and food products prepared from edible fats or
> oils), with the reasons why it is not a proper invoice. The Government
> will take into account untimely notification when computing any
> interest penalty owed the Contractor.
>
> \(i\) Name and address of the Contractor.
>
> \(ii\) Invoice date and invoice number. (The Contractor should date
> invoices as close as possible to the date of the mailing or
> transmission.)
>
> \(iii\) Contract number or other authorization for supplies delivered
> or services performed (including order number and contract line item
> number).
>
> \(iv\) Description, quantity, unit of measure, unit price, and
> extended price of supplies delivered or services performed.
>
> \(v\) Shipping and payment terms (e.g., shipment number and date of
> shipment, discount for prompt payment terms). Bill of lading number
> and weight of shipment will be shown for shipments on Government bills
> of lading.
>
> \(vi\) Name and address of Contractor official to whom payment is to
> be sent (must be the same as that in the contract or in a proper
> notice of assignment).
>
> \(vii\) Name (where practicable), title, phone number, and mailing
> address of person to notify in the event of a defective invoice.
>
> \(viii\) Taxpayer Identification Number (TIN). The Contractor shall
> include its TIN on the invoice only if required elsewhere in this
> contract.
>
> \(ix\) Electronic funds transfer (EFT) banking information.
>
> \(A\) The Contractor shall include EFT banking information on the
> invoice only if required elsewhere in this contract.
>
> \(B\) If EFT banking information is not required to be on the invoice,
> in order for the invoice to be a proper invoice, the Contractor shall
> have submitted correct EFT banking information in accordance with the
> applicable solicitation provision (e.g., 52.232-38, Submission of
> Electronic Funds Transfer Information with Offer), contract clause
> (e.g., 52.232-33, Payment by Electronic Funds Transfer\--Central
> Contractor Registration, or 52.232-34, Payment by Electronic Funds
> Transfer\--Other Than Central Contractor Registration), or applicable
> agency procedures.
>
> \(C\) EFT banking information is not required if the Government waived
> the requirement to pay by EFT.
>
> \(x\) Any other information or documentation required by the contract
> (e.g., evidence of shipment).
>
> \(4\) Interest penalty. The designated payment office will pay an
> interest penalty automatically, without request from the Contractor,
> if payment is not made by the due date and the conditions listed in
> paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if
> applicable. However, when the due date falls on a Saturday, Sunday, or
> legal holiday, the designated payment office may make payment on the
> following working day without incurring a late payment interest
> penalty.
>
> \(i\) The designated billing office received a proper invoice.
>
> \(ii\) The Government processed a receiving report or other Government
> documentation authorizing payment, and there was no disagreement over
> quantity, quality, or Contractor compliance with any contract term or
> condition.
>
> \(iii\) In the case of a final invoice for any balance of funds due
> the Contractor for supplies delivered or services performed, the
> amount was not subject to further contract settlement actions between
> the Government and the Contractor.
>
> \(5\) Computing penalty amount. The Government will compute the
> interest penalty in accordance with the Office of Management and
> Budget prompt payment regulations at 5 CFR part 1315.
>
> \(i\) For the sole purpose of computing an interest penalty that might
> be due the Contractor, Government acceptance is deemed to occur
> constructively on the 7th day (unless otherwise specified in this
> contract) after the Contractor delivers the supplies or performs the
> services in accordance with the terms and conditions of the contract,
> unless there is a disagreement over quantity, quality, or Contractor
> compliance with a contract provision. If actual acceptance occurs
> within the constructive acceptance period, the Government will base
> the determination of an interest penalty on the actual date of
> acceptance. The constructive acceptance requirement does not, however,
> compel Government officials to accept supplies or services, perform
> contract administration functions, or make payment prior to fulfilling
> their responsibilities.
>
> \(ii\) The prompt payment regulations at 5 CFR 1315.10(c) do not
> require the Government to pay interest penalties if payment delays are
> due to disagreement between the Government and the Contractor over the
> payment amount or other issues involving contract compliance, or on
> amounts temporarily withheld or retained in accordance with the terms
> of the contract. The Government and the Contractor shall resolve
> claims involving disputes and any interest that may be payable in
> accordance with the clause at FAR 52.233-1, Disputes.
>
> \(6\) Discounts for prompt payment. The designated payment office will
> pay an interest penalty automatically, without request from the
> Contractor, if the Government takes a discount for prompt payment
> improperly. The Government will calculate the interest penalty in
> accordance with the prompt payment regulations at 5 CFR part 1315.
>
> \(7\) Additional interest penalty. (i) The designated payment office
> will pay a penalty amount, calculated in accordance with the prompt
> payment regulations at 5 CFR part 1315 in addition to the interest
> penalty amount only if\--
>
> \(A\) The Government owes an interest penalty of \$1 or more;
>
> \(B\) The designated payment office does not pay the interest penalty
> within 10 days after the date the invoice amount is paid; and
>
> \(C\) The Contractor makes a written demand to the designated payment
> office for additional penalty payment, in accordance with
>
> paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days
> after the invoice amount is paid.
>
> (ii)(A) The Contractor shall support written demands for additional
> penalty payments with the following data. The Government will not
> request any additional data. The Contractor shall\--
>
> \(1\) Specifically assert that late payment interest is due under a
> specific invoice, and request payment of all overdue late payment
> interest penalty and such additional penalty as may be required;
>
> \(2\) Attach a copy of the invoice on which the unpaid late payment
> interest is due; and
>
> \(3\) State that payment of the principal has been received, including
> the date of receipt.
>
> \(B\) If there is no postmark or the postmark is illegible\--
>
> \(1\) The designated payment office that receives the demand will
> annotate it with the date of receipt, provided the demand is received
> on or before the 40th day after payment was made; or
>
> \(2\) If the designated payment office fails to make the required
> annotation, the Government will determine the demand\'s validity based
> on the date the Contractor has placed on the demand, provided such
> date is no later than the 40th day after payment was made.
>
> \(iii\) The additional penalty does not apply to payments regulated by
> other Government regulations (e.g., payments under utility contracts
> subject to tariffs and regulation).
>
> \(b\) Contract financing payment. If this contract provides for
> contract financing, the Government will make contract financing
> payments in accordance with the applicable contract financing clause.
>
> \(c\) Fast payment procedure due dates. If this contract contains the
> clause at 52.213-1, Fast Payment Procedure, payments will be made
> within 15 days after the date of receipt of the invoice.
>
> \(d\) Overpayments. If the Contractor becomes aware of a duplicate
> contract financing or invoice payment or that the Government has
> otherwise overpaid on a contract financing or invoice payment, the
> Contractor shall immediately notify the Contracting Officer and
> request instructions for disposition of the overpayment.

[]{#__RefHeading___Toc161106874 .anchor}**I.52 52.232-33 PAYMENT BY
ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION (OCT 2003)**

> \(a\) *Method of payment*. (1) All payments by the Government under
> this contract shall be made by electronic funds transfer (EFT), except
> as provided in paragraph (a)(2) of this clause. As used in this
> clause, the term "EFT" refers to the funds transfer and may also
> include the payment information transfer.
>
> \(2\) In the event the Government is unable to release one or more
> payments by EFT, the Contractor agrees to either -
>
> \(i\) Accept payment by check or some other mutually agreeable method
> of payment; or
>
> \(ii\) Request the Government to extend the payment due date until
> such time as the Government can make payment by EFT (but see paragraph
> (d) of this clause).
>
> \(b\) *Contractor\'s EFT information*. The Government shall make
> payment to the Contractor using the EFT information contained in the
> Central Contractor Registration (CCR) database. In the event that the
> EFT information changes, the Contractor shall be responsible for
> providing the updated information to the CCR database.
>
> \(c\) *Mechanisms for EFT payment*. The Government may make payment by
> EFT through either the Automated Clearing House (ACH) network, subject
> to the rules of the National Automated Clearing House Association, or
> the Fedwire Transfer System. The rules governing Federal payments
> through the ACH are contained in 31 CFR part 210.
>
> \(d\) *Suspension of payment*. If the Contractor\'s EFT information in
> the CCR database is incorrect, then the Government need not make
> payment to the Contractor under this contract until correct EFT
> information is entered into the CCR database; and any invoice or
> contract financing request shall be deemed not to be a proper invoice
> for the purpose of prompt payment under this contract. The prompt
> payment terms of the contract regarding notice of an improper invoice
> and delays in accrual of interest penalties apply.
>
> \(e\) *Liability for uncompleted or erroneous transfers*. (1) If an
> uncompleted or erroneous transfer occurs because the Government used
> the Contractor\'s EFT information incorrectly, the Government remains
> responsible for -
>
> \(i\) Making a correct payment;
>
> \(ii\) Paying any prompt payment penalty due; and
>
> \(iii\) Recovering any erroneously directed funds.
>
> \(2\) If an uncompleted or erroneous transfer occurs because the
> Contractor\'s EFT information was incorrect, or was revised within 30
> days of Government release of the EFT payment transaction instruction
> to the Federal Reserve System, and -
>
> \(i\) If the funds are no longer under the control of the payment
> office, the Government is deemed to have made payment and the
> Contractor is responsible for recovery of any erroneously directed
> funds; or
>
> \(ii\) If the funds remain under the control of the payment office,
> the Government shall not make payment, and the provisions of paragraph
> (d) of this clause shall apply.
>
> \(f\) *EFT and prompt paymen*t. A payment shall be deemed to have been
> made in a timely manner in accordance with the prompt payment terms of
> this contract if, in the EFT payment transaction instruction released
> to the Federal Reserve System, the date specified for settlement of
> the payment is on or before the prompt payment due date, provided the
> specified payment date is a valid date under the rules of the Federal
> Reserve System.
>
> \(g\) EFT and assignment of claims. If the Contractor assigns the
> proceeds of this contract as provided for in the assignment of claims
> terms of this contract, the Contractor shall require as a condition of
> any such assignment, that the assignee shall register separately in
> the CCR database and shall be paid by EFT in accordance with the terms
> of this clause. Notwithstanding any other requirement of this
> contract, payment to an ultimate recipient other than the Contractor,
> or a financial institution properly recognized under an assignment of
> claims pursuant to subpart 32.8, is not permitted. In all respects,
> the requirements of this clause shall apply to the assignee as if it
> were the Contractor. EFT information that shows the ultimate recipient
> of the transfer to be other than the Contractor, in the absence of a
> proper assignment of claims acceptable to the Government, is incorrect
> EFT information within the meaning of paragraph (d) of this clause.
>
> \(h\) Liability for change of EFT information by financial agent. The
> Government is not liable for errors resulting from changes to EFT
> information made by the Contractor\'s financial agent.
>
> \(i\) *Payment information*. The payment or disbursing office shall
> forward to the Contractor available payment information that is
> suitable for transmission as of the date of release of the EFT
> instruction to the Federal Reserve System. The Government may request
> the Contractor to designate a desired format and method(s) for
> delivery of payment information from a list of formats and methods the
> payment office is capable of executing. However, the Government does
> not guarantee that any particular format or method of delivery is
> available at any particular payment office and retains the latitude to
> use the format and delivery method most convenient to the Government.
> If the Government makes payment by check in accordance with paragraph
> (a) of this clause, the
>
> Government shall mail the payment information to the remittance
> address contained in the CCR database.

[]{#__RefHeading___Toc161106875 .anchor}**I.53 52.233-1 DISPUTES (JUL
2002)**

> \(a\) This contract is subject to the Contract Disputes Act of 1978,
> as amended (41 U.S.C. 601-613).
>
> \(b\) Except as provided in the Act, all disputes arising under or
> relating to this contract shall be resolved under this clause.
>
> \(c\) Claim, as used in this clause, means a written demand or written
> assertion by one of the contracting parties seeking, as a matter of
> right, the payment of money in a sum certain, the adjustment or
> interpretation of contract terms, or other relief arising under or
> relating to this contract. However, a written demand or written
> assertion by the Contractor seeking the payment of money exceeding
> \$100,000 is not a claim under the Act until certified. A voucher,
> invoice, or other routine request for payment that is not in dispute
> when submitted is not a claim under the Act. The submission may be
> converted to a claim under the Act, by complying with the submission
> and certification requirements of this clause, if it is disputed
> either as to liability or amount or is not acted upon in a reasonable
> time.
>
> (d)(1) A claim by the Contractor shall be made in writing and, unless
> otherwise stated in this contract, submitted within 6 years after
> accrual of the claim to the Contracting Officer for a written
> decision. A claim by the Government against the Contractor shall be
> subject to a written decision by the Contracting Officer.
>
> (2)(i) The Contractor shall provide the certification specified in
> paragraph (d)(2)(iii) of this clause when submitting any claim
> exceeding \$100,000.
>
> \(ii\) The certification requirement does not apply to issues in
> controversy that have not been submitted as all or part of a claim.
>
> \(iii\) The certification shall state as follows: "I certify that the
> claim is made in good faith; that the supporting data are accurate and
> complete to the best of my knowledge and belief; that the amount
> requested accurately reflects the contract adjustment for which the
> Contractor believes the Government is liable; and that I am duly
> authorized to certify the claim on behalf of the Contractor."
>
> \(3\) The certification may be executed by any person duly authorized
> to bind the Contractor with respect to the claim.
>
> \(e\) For Contractor claims of \$100,000 or less, the Contracting
> Officer must, if requested in writing by the Contractor, render a
> decision within 60 days of the request. For
>
> Contractor-certified claims over \$100,000, the Contracting Officer
> must, within 60 days, decide the claim or notify the Contractor of the
> date by which the decision will be made.
>
> \(f\) The Contracting Officer\'s decision shall be final unless the
> Contractor appeals or files a suit as provided in the Act.
>
> \(g\) If the claim by the Contractor is submitted to the Contracting
> Officer or a claim by the Government is presented to the Contractor,
> the parties, by mutual consent, may agree to use alternative dispute
> resolution (ADR). If the Contractor refuses an offer for ADR, the
> Contractor shall inform the Contracting Officer, in writing, of the
> Contractor\'s specific reasons for rejecting the offer.
>
> \(h\) The Government shall pay interest on the amount found due and
> unpaid from (1) the date that the Contracting Officer receives the
> claim (certified, if required); or (2) the date that payment otherwise
> would be due, if that date is later, until the date of payment. With
> regard to claims having defective certifications, as defined in FAR
> 33.201, interest shall be paid from the date that the Contracting
> Officer initially receives the claim. Simple interest on claims shall
> be paid at the rate, fixed by the Secretary of the Treasury as
> provided in the Act, which is applicable to the period during which
> the Contracting Officer receives the claim and then at the rate
> applicable for each 6-month period as fixed by the Treasury Secretary
> during the pendency of the claim.
>
> \(i\) The Contractor shall proceed diligently with performance of this
> contract, pending final resolution of any request for relief, claim,
> appeal, or action arising under the contract, and comply with any
> decision of the Contracting Officer.

[]{#__RefHeading___Toc161106876 .anchor}**I.54 52.233-3 PROTEST AFTER
AWARD (AUG 1996)**

> \(a\) Upon receipt of a notice of protest (as defined in FAR 33.101)
> or a determination that a protest is likely (see FAR 33.102(d)), the
> Contracting Officer may, by written order to the Contractor, direct
> the Contractor to stop performance of the work called for by this
> contract. The order shall be specifically identified as a stop-work
> order issued under this clause. Upon receipt of the order, the
> Contractor shall immediately comply with its terms and take all
> reasonable steps to minimize the incurrence of costs allocable to the
> work covered by the order during the period of work stoppage. Upon
> receipt of the final decision in the protest, the Contracting Officer
> shall either -
>
> \(1\) Cancel the stop-work order; or
>
> \(2\) Terminate the work covered by the order as provided in the
> Default, or the Termination for Convenience of the Government, clause
> of this contract.
>
> \(b\) If a stop-work order issued under this clause is canceled either
> before or after a final decision in the protest, the Contractor shall
> resume work. The Contracting Officer shall make an equitable
> adjustment in the delivery schedule or contract price, or both, and
> the contract shall be modified, in writing, accordingly, if -
>
> \(1\) The stop-work order results in an increase in the time required
> for, or in the Contractor\'s cost properly allocable to, the
> performance of any part of this contract; and
>
> \(2\) The Contractor asserts its right to an adjustment within 30 days
> after the end of the period of work stoppage; *provided*, that if the
> Contracting Officer decides the facts justify the action, the
> Contracting Officer may receive and act upon a proposal at any time
> before final payment under this contract.
>
> \(c\) If a stop-work order is not canceled and the work covered by the
> order is terminated for the convenience of the Government, the
> Contracting Officer shall allow reasonable costs resulting from the
> stop-work order in arriving at the termination settlement.
>
> \(d\) If a stop-work order is not canceled and the work covered by the
> order is terminated for default, the Contracting Officer shall allow,
> by equitable adjustment or otherwise, reasonable costs resulting from
> the stop-work order.
>
> \(e\) The Government\'s rights to terminate this contract at any time
> are not affected by action taken under this clause.
>
> \(f\) If, as the result of the Contractor\'s intentional or negligent
> misstatement, misrepresentation, or miscertification, a protest
> related to this contract is sustained, and the Government pays costs,
> as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may
> require the Contractor to reimburse the Government the amount of such
> costs. In addition to any other remedy available, and pursuant to the
> requirements of Subpart 32.6, the Government may collect this debt by
> offsetting the amount against any payment due the Contractor under any
> contract between the Contractor and the Government.

[]{#__RefHeading___Toc161106877 .anchor}**I.55 52.233-4 APPLICABLE LAW
FOR BREACH OF CONTRACT CLAIM (OCT 2004)**

United States law will apply to resolve any claim of breach of this
contract.

[]{#__RefHeading___Toc161106878 .anchor}**I.56 52.237-2 PROTECTION OF
GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)**

The Contractor shall use reasonable care to avoid damaging existing
buildings, equipment, and vegetation on the Government installation. If
the Contractor\'s failure to use reasonable care causes damage to any of
this property, the Contractor shall replace or repair the damage at no
expense to the Government as the Contracting Officer directs. If the
Contractor fails or refuses to make such repair or replacement, the
Contractor shall be liable for the cost, which may be deducted from the
contract price.

[]{#__RefHeading___Toc161106879 .anchor}**I.57 52.237-3 CONTINUITY OF
SERVICES (JAN 1991)**

> \(a\) The Contractor recognizes that the services under this contract
> are vital to the Government and must be continued without interruption
> and that, upon contract expiration, a successor, either the Government
> or another contractor, may continue them. The Contractor agrees to -
>
> \(1\) Furnish phase-in training; and
>
> \(2\) Exercise its best efforts and cooperation to effect an orderly
> and efficient transition to a successor.
>
> \(b\) The Contractor shall, upon the Contracting Officer\'s written
> notice, (1) furnish phase-in, phase-out services for up to 90 days
> after this contract expires and (2) negotiate in good faith a plan
> with a successor to determine the nature and extent of phase-in,
> phase-out services required. The plan shall specify a training program
> and a date for transferring responsibilities for each division of work
> described in the plan, and shall be subject to the Contracting
> Officer\'s approval. The Contractor shall provide sufficient
> experienced personnel during the phase-in, phase-out period to ensure
> that the services called for by this contract are maintained at the
> required level of proficiency.
>
> \(c\) The Contractor shall allow as many personnel as practicable to
> remain on the job to help the successor maintain the continuity and
> consistency of the services required by this contract. The Contractor
> also shall disclose necessary personnel records and allow the
> successor to conduct on-site interviews with these employees. If
> selected employees are agreeable to the change, the Contractor shall
> release them at a mutually agreeable date and negotiate transfer of
> their earned fringe benefits to the successor.
>
> \(d\) The Contractor shall be reimbursed for all reasonable phase-in,
> phase-out costs (*i.e.*, costs incurred within the agreed period after
> contract expiration that result from phase-in, phase-out operations)
> and a fee (profit) not to exceed a pro rata portion of the fee
> (profit) under this contract.

[]{#__RefHeading___Toc161106880 .anchor}**I.58 52.239-1 PRIVACY OR
SECURITY SAFEGUARDS (AUG 1996)**

> \(a\) The Contractor shall not publish or disclose in any manner,
> without the Contracting Officer\'s written consent, the details of any
> safeguards either designed or developed by the Contractor under this
> contract or otherwise provided by the Government.
>
> \(b\) To the extent required to carry out a program of inspection to
> safeguard against threats and hazards to the security, integrity, and
> confidentiality of Government data, the Contractor shall afford the
> Government access to the Contractor\'s facilities, installations,
> technical capabilities, operations, documentation, records, and
> databases.
>
> \(c\) If new or unanticipated threats or hazards are discovered by
> either the Government or the Contractor, or if existing safeguards
> have ceased to function, the discoverer shall immediately bring the
> situation to the attention of the other party.

[]{#__RefHeading___Toc161106881 .anchor}**I.59 52.242-3 PENALTIES FOR
UNALLOWABLE COSTS (MAY 2001)**

> \(a\) *Definition.* "Proposal," as used in this clause, means either -
>
> \(1\) A final indirect cost rate proposal submitted by the Contractor
> after the expiration of its fiscal year which -
>
> \(i\) Relates to any payment made on the basis of billing rates; or
>
> \(ii\) Will be used in negotiating the final contract price; or
>
> \(2\) The final statement of costs incurred and estimated to be
> incurred under the Incentive Price Revision clause (if applicable),
> which is used to establish the final contract price.
>
> \(b\) Contractors which include unallowable indirect costs in a
> proposal may be subject to penalties. The penalties are prescribed in
> 10 U.S.C. 2324 or 41 U.S.C. 256, as applicable, which is implemented
> in Section 42.709 of the Federal Acquisition Regulation (FAR).
>
> \(c\) The Contractor shall not include in any proposal any cost that
> is unallowable, as defined in Subpart 2.1 of the FAR, or an executive
> agency supplement to the FAR.
>
> \(d\) If the Contracting Officer determines that a cost submitted by
> the Contractor in its proposal is expressly unallowable under a cost
> principle in the FAR, or an executive agency supplement to the FAR,
> that defines the allowability of specific selected costs, the
> Contractor shall be assessed a penalty equal to -
>
> \(1\) The amount of the disallowed cost allocated to this contract;
> plus
>
> \(2\) Simple interest, to be computed -
>
> \(i\) On the amount the Contractor was paid (whether as a progress or
> billing payment) in excess of the amount to which the Contractor was
> entitled; and
>
> \(ii\) Using the applicable rate effective for each six-month interval
> prescribed by the Secretary of the Treasury pursuant to Pub. L. 92-41
> (85 Stat. 97).
>
> \(e\) If the Contracting Officer determines that a cost submitted by
> the Contractor in its proposal includes a cost previously determined
> to be unallowable for that Contractor,
>
> then the Contractor will be assessed a penalty in an amount equal to
> two times the amount of the disallowed cost allocated to this
> contract.
>
> \(f\) Determinations under paragraphs (d) and (e) of this clause are
> final decisions within the meaning of the Contract Disputes Act of
> 1978 (41 U.S.C. 601, *et seq*.).
>
> \(g\) Pursuant to the criteria in FAR 42.709-5, the Contracting
> Officer may waive the penalties in paragraph (d) or (e) of this
> clause.
>
> \(h\) Payment by the Contractor of any penalty assessed under this
> clause does not constitute repayment to the Government of any
> unallowable cost which has been paid by the Government to the
> Contractor.

[]{#__RefHeading___Toc161106882 .anchor}**I.60 52.242-13 BANKRUPTCY (JUL
1995)**

In the event the Contractor enters into proceedings relating to
bankruptcy, whether voluntary or involuntary, the Contractor agrees to
furnish, by certified mail or electronic commerce method authorized by
the contract, written notification of the bankruptcy to the Contracting
Officer responsible for administering the contract. This notification
shall be furnished within five days of the initiation of the proceedings
relating to bankruptcy filing. This notification shall include the date
on which the bankruptcy petition was filed, the identity of the court in
which the bankruptcy petition was filed, and a listing of Government
contract numbers and contracting offices for all Government contracts
against which final payment has not been made. This obligation remains
in effect until final payment under this contract.

[]{#__RefHeading___Toc161106883 .anchor}**I.61 52.243-3 CHANGES -
TIME-AND-MATERIALS OR LABOR-HOURS.(SEP 2000)**

> \(a\) The Contracting Officer may at any time, by written order, and
> without notice to the sureties, if any, make changes within the
> general scope of this contract in any one or more of the following:
>
> \(1\) Description of services to be performed.
>
> \(2\) Time of performance (*i.e.*, hours of the day, days of the week,
> etc.).
>
> \(3\) Place of performance of the services.
>
> \(4\) Drawings, designs, or specifications when the supplies to be
> furnished are to be specially manufactured for the Government in
> accordance with the drawings, designs, or specifications.
>
> \(5\) Method of shipment or packing of supplies.
>
> \(6\) Place of delivery.
>
> \(7\) Amount of Government-furnished property.
>
> \(b\) If any change causes an increase or decrease in any hourly rate,
> the ceiling price, or the time required for performance of any part of
> the work under this contract, whether or not changed by the order, or
> otherwise affects any other terms and conditions of this contract, the
> Contracting Officer will make an equitable adjustment in any one or
> more of the following and will modify the contract accordingly:
>
> \(1\) Ceiling price.
>
> \(2\) Hourly rates.
>
> \(3\) Delivery schedule.
>
> \(4\) Other affected terms.
>
> \(c\) The Contractor shall assert its right to an adjustment under
> this clause within 30 days from the date of receipt of the written
> order. However, if the Contracting Officer decides that the facts
> justify it, the Contracting Officer may receive and act upon a
> proposal submitted before final payment of the contract.
>
> \(d\) Failure to agree to any adjustment will be a dispute under the
> Disputes clause. However, nothing in this clause excuses the
> Contractor from proceeding with the contract as changed.

[]{#__RefHeading___Toc161106884 .anchor}**I.62 52.244-2 SUBCONTRACTS
(AUG 1998)**

> \(a\) *Definitions*. As used in this clause -
>
> "Approved purchasing system" means a Contractor\'s purchasing system
> that has been reviewed and approved in accordance with Part 44 of the
> Federal Acquisition Regulation (FAR).
>
> "Consent to subcontract" means the Contracting Officer\'s written
> consent for the Contractor to enter into a particular subcontract.
>
> "Subcontract" means any contract, as defined in FAR Subpart 2.1,
> entered into by a subcontractor to furnish supplies or services for
> performance of the prime contract or a subcontract. It includes, but
> is not limited to, purchase orders, and changes and modifications to
> purchase orders.
>
> \(b\) This clause does not apply to subcontracts for special test
> equipment when the contract contains the clause at FAR 52.245-18,
> Special Test Equipment.
>
> \(c\) When this clause is included in a fixed-price type contract,
> consent to subcontract is required only on unpriced contract actions
> (including unpriced modifications or unpriced
>
> delivery orders), and only if required in accordance with paragraph
> (d) or (e) of this clause.
>
> \(d\) If the Contractor does not have an approved purchasing system,
> consent to subcontract is required for any subcontract that -
>
> \(1\) Is of the cost-reimbursement, time-and-materials, or labor-hour
> type; or
>
> \(2\) Is fixed-price and exceeds -
>
> \(i\) For a contract awarded by the Department of Defense, the Coast
> Guard, or the National Aeronautics and Space Administration, the
> greater of the simplified acquisition threshold or 5 percent of the
> total estimated cost of the contract; or
>
> \(ii\) For a contract awarded by a civilian agency other than the
> Coast Guard and the National Aeronautics and Space Administration,
> either the simplified acquisition threshold or 5 percent of the total
> estimated cost of the contract.
>
> \(e\) If the Contractor has an approved purchasing system, the
> Contractor nevertheless shall obtain the Contracting Officer\'s
> written consent before placing the following subcontracts: \[ \]
>
> (f)(1) The Contractor shall notify the Contracting Officer reasonably
> in advance of placing any subcontract or modification thereof for
> which consent is required under paragraph (c), (d), or (e) of this
> clause, including the following information:
>
> \(i\) A description of the supplies or services to be subcontracted.
>
> \(ii\) Identification of the type of subcontract to be used.
>
> \(iii\) Identification of the proposed subcontractor.
>
> \(iv\) The proposed subcontract price.
>
> \(v\) The subcontractor\'s current, complete, and accurate cost or
> pricing data and Certificate of Current Cost or Pricing Data, if
> required by other contract provisions.
>
> \(vi\) The subcontractor\'s Disclosure Statement or Certificate
> relating to Cost Accounting Standards when such data are required by
> other provisions of this contract.
>
> \(vii\) A negotiation memorandum reflecting -
>
> \(A\) The principal elements of the subcontract price negotiations;
>
> \(B\) The most significant considerations controlling establishment of
> initial or revised prices;
>
> \(C\) The reason cost or pricing data were or were not required;
>
> \(D\) The extent, if any, to which the Contractor did not rely on the
> subcontractor\'s cost or pricing data in determining the price
> objective and in negotiating the final price;
>
> \(E\) The extent to which it was recognized in the negotiation that
> the subcontractor\'s cost or pricing data were not accurate, complete,
> or current; the action taken by the Contractor and the subcontractor;
> and the effect of any such defective data on the total price
> negotiated;
>
> \(F\) The reasons for any significant difference between the
> Contractor\'s price objective and the price negotiated; and
>
> \(G\) A complete explanation of the incentive fee or profit plan when
> incentives are used. The explanation shall identify each critical
> performance element, management decisions used to quantify each
> incentive element, reasons for the incentives, and a summary of all
> trade-off possibilities considered.
>
> \(2\) The Contractor is not required to notify the Contracting Officer
> in advance of entering into any subcontract for which consent is not
> required under paragraph (c), (d), or (e) of this clause.
>
> \(g\) Unless the consent or approval specifically provides otherwise,
> neither consent by the Contracting Officer to any subcontract nor
> approval of the Contractor\'s purchasing system shall constitute a
> determination -
>
> \(1\) Of the acceptability of any subcontract terms or conditions;
>
> \(2\) Of the allowability of any cost under this contract; or
>
> \(3\) To relieve the Contractor of any responsibility for performing
> this contract.
>
> \(h\) No subcontract or modification thereof placed under this
> contract shall provide for payment on a cost-plus-a-percentage-of-cost
> basis, and any fee payable under cost-reimbursement type subcontracts
> shall not exceed the fee limitations in FAR 15.404-4(c)(4)(i).
>
> \(i\) The Contractor shall give the Contracting Officer immediate
> written notice of any action or suit filed and prompt notice of any
> claim made against the Contractor by any subcontractor or vendor that,
> in the opinion of the Contractor, may result in litigation related in
> any way to this contract, with respect to which the Contractor may be
> entitled to reimbursement from the Government.
>
> \(j\) The Government reserves the right to review the Contractor\'s
> purchasing system as set forth in FAR Subpart 44.3.
>
> \(k\) Paragraphs (d) and (f) of this clause do not apply to the
> following subcontracts, which were evaluated during negotiations: \[
> \]

[]{#__RefHeading___Toc161106885 .anchor}**I.63 52.244-6 SUBCONTRACTS FOR
COMMERCIAL ITEMS (FEB 2006)**

> \(a\) Definitions. As used in this clause\--
>
> "Commercial item" has the meaning contained in Federal Acquisition
> Regulation 2.101, Definitions.
>
> "Subcontract" includes a transfer of commercial items between
> divisions, subsidiaries, or affiliates of the Contractor or
> subcontractor at any tier.
>
> \(b\) To the maximum extent practicable, the Contractor shall
> incorporate, and require its subcontractors at all tiers to
> incorporate, commercial items or nondevelopmental items as components
> of items to be supplied under this contract.
>
> (c)(1) The following clauses shall be flowed down to subcontracts for
> commercial items:
>
> \(i\) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15
> U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further
> subcontracting opportunities. If the subcontract (except subcontracts
> to small business concerns) exceeds \$500,000 (\$1,000,000 for
> construction of any public facility), the subcontractor must include
> 52.219-8 in lower tier subcontracts that offer subcontracting
> opportunities.
>
> \(ii\) 52.222-26, Equal Opportunity (APR 2002) (E.O. 11246).
>
> \(iii\) 52.222-35, Affirmative Action for Disabled Veterans and
> Veterans of the Vietnam Era (APR 1998) (38 U.S.C. 4212(a)).
>
> \(iv\) 52.222-36, Affirmative Action for Workers with Disabilities
> (JUN 1998) (29 U.S.C. 793).
>
> \(v\) 52.222-39, Notification of Employee Rights Concerning Payment of
> Union Dues or Fees (DEC 2004) (E.O. 13201). Flow down as required in
> accordance with paragraph (g) of FAR clause 52.222-39).
>
> \(vi\) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
> Vessels (FEB 2006) (46 U.S.C. Appx 1241 and 10 U.S.C. 2631) (flow down
> required in accordance with paragraph (d) of FAR clause 52.247-64).
>
> \(2\) While not required, the Contractor may flow down to subcontracts
> for commercial items a minimal number of additional clauses necessary
> to satisfy its contractual obligations.
>
> \(d\) The Contractor shall include the terms of this clause, including
> this paragraph (d), in subcontracts awarded under this contract.

[]{#__RefHeading___Toc161106886 .anchor}**I.64 52.245-5 GOVERNMENT
PROPERTY (COST-REIMBURSEMENT, TIME-AND-MATERIAL, OR LABOR-HOUR
CONTRACTS) (MAY 2004) (AS MODIFIED BY DEAR 952.245-5)**

\(a\) *Government-furnished property*.

> \(1\) The term \"Contractor\'s managerial personnel,\" as used in
> paragraph (g) of this clause, means any of the Contractor\'s
> directors, officers, managers, superintendents, or equivalent
> representatives who have supervision or direction of -
>
> \(i\) All or substantially all of the Contractor\'s business;
>
> \(ii\) All or substantially all of the Contractor\'s operation at any
> one plant, or separate location at which the contract is being
> performed; or
>
> \(iii\) A separate and complete major industrial operation connected
> with performing this contract.
>
> \(2\) The Government shall deliver to the Contractor, for use in
> connection with and under the terms of this contract, the
> Government-furnished property described in the Schedule or
> specifications, together with such related data and information as the
> Contractor may request and as may be reasonably required for the
> intended use of the property (hereinafter referred to as
> \"Government-furnished property\").
>
> \(3\) The delivery or performance dates for this contract are based
> upon the expectation that Government-furnished property suitable for
> use will be delivered to the Contractor at the times stated in the
> Schedule or, if not so stated, in sufficient time to enable the
> Contractor to meet the contract\'s delivery or performance dates.
>
> \(4\) If Government-furnished property is received by the Contractor
> in a condition not suitable for the intended use, the Contractor
> shall, upon receipt, notify the Contracting Officer, detailing the
> facts, and, as directed by the Contracting Officer and at Government
> expense, either effect repairs or modification or return or otherwise
> dispose of the property. After completing the directed action and upon
> written request of the Contractor, the Contracting Officer shall make
> an equitable adjustment as provided in paragraph (h) of this clause.
>
> \(5\) If Government-furnished property is not delivered to the
> Contractor by the required time or times, the Contracting Officer
> shall, upon the Contractor\'s timely written request, make a
> determination of the delay, if any, caused the Contractor and shall
> make an equitable adjustment in accordance with paragraph (h) of this
> clause.
>
> \(b\) *Changes in Government-furnished property.* (1) The Contracting
> Officer may, by written notice, (i) decrease the Government-furnished
> property provided or to be provided under this contract or (ii)
> substitute other Government-furnished property for the property to be
> provided by the Government or to be acquired by the Contractor for the
> Government under this contract. The Contractor shall promptly take
> such action as the Contracting Officer may direct regarding the
> removal, shipment, or disposal of the property covered by this notice.
>
> \(2\) Upon the Contractor\'s written request, the Contracting Officer
> shall make an equitable adjustment to the contract in accordance with
> paragraph (h) of this clause, if the Government has agreed in the
> Schedule to make such property available for performing this contract
> and there is any -
>
> \(i\) Decrease or substitution in this property pursuant to
> subparagraph (b)(1) above; or
>
> \(ii\) Withdrawal of authority to use property, if provided under any
> other contract or lease.
>
> \(c\) *Title*. (1) The Government shall retain title to all
> Government-furnished property.
>
> \(2\) Title to all property purchased by the Contractor for which the
> Contractor is entitled to be reimbursed as a direct item of cost under
> this contract shall pass to and vest in the Government upon the
> vendor\'s delivery of such property.
>
> \(3\) Title to all other property, the cost of which is reimbursable
> to the Contractor, shall pass to and vest in the Government upon -
>
> \(i\) Issuance of the property for use in contract performance;
>
> \(ii\) Commencement of processing of the property for use in contract
> performance; or
>
> \(iii\) Reimbursement of the cost of the property by the Government,
> whichever occurs first.
>
> \(4\) All Government-furnished property and all property acquired by
> the Contractor, title to which vests in the Government under this
> paragraph (collectively referred to as \"Government property\"), are
> subject to the provisions of this clause. Title to Government property
> shall not be affected by its incorporation into or attachment to any
> property not owned by the Government, nor shall Government property
> become a fixture or lose its identity as personal property by being
> attached to any real property.
>
> \(d\) *Use of Government property.* The Government property shall be
> used only for performing this contract, unless otherwise provided in
> this contract or approved by the Contracting Officer.
>
> \(e\) *Property administration.* (1) The Contractor shall be
> responsible and accountable for all Government property provided under
> the contract and shall comply with Federal Acquisition Regulation
> (FAR) Subpart 45.5, and DOE Acquisition Regulation Subpart 945.5, as
> in effect on the date of this contract.
>
> \(2\) The Contractor shall establish and maintain a program for the
> use, maintenance, repair, protection, and preservation of Government
> property in accordance with sound business practice and the applicable
> provisions of FAR Subpart 45.5, and DOE Acquisition Regulation Subpart
> 945.5.
>
> \(3\) If damage occurs to Government property, the risk of which has
> been assumed by the Government under this contract, the Government
> shall replace the items or the Contractor shall make such repairs as
> the Government directs. However, if the Contractor cannot effect such
> repairs within the time required, the Contractor shall dispose of the
> property as directed by the Contracting Officer. When any property for
> which the Government is responsible is replaced or repaired, the
> Contracting Officer shall make an equitable adjustment in accordance
> with paragraph (h) of this clause.
>
> \(f\) *Access.* The Government and all its designees shall have access
> at all reasonable times to the premises in which any Government
> property is located for the purpose of inspecting the Government
> property.
>
> \(g\) *Limited risk of loss.* (1) The Contractor shall not be liable
> for loss or destruction of, or damage to, the Government property
> provided under this contract or for expenses incidental to such loss,
> destruction, or damage, except as provided in subparagraphs (2) and
> (3) below.
>
> \(2\) The Contractor shall be responsible for loss or destruction of,
> or damage to, the Government property provided under this contract
> (including expenses incidental to such loss, destruction, or damage) -
>
> \(i\) That results from a risk expressly required to be insured under
> this contract, but only to the extent of the insurance required to be
> purchased and maintained or to the extent of insurance actually
> purchased and maintained, whichever is greater;
>
> \(ii\) That results from a risk that is in fact covered by insurance
> or for which the Contractor is otherwise reimbursed, but only to the
> extent of such insurance or reimbursement;
>
> \(iii\) For which the Contractor is otherwise responsible under the
> express terms of this contract;
>
> \(iv\) That results from willful misconduct or lack of good faith on
> the part of the Contractor\'s managerial personnel; or
>
> \(v\) That results from a failure on the part of the Contractor, due
> to willful misconduct or lack of good faith on the part of the
> Contractor\'s managerial personnel, to establish and administer a
> program or system for the control, use, protection, preservation,
> maintenance, and repair of Government property as required by
> paragraph (e) of this clause.
>
> (3)(i) If the Contractor fails to act as provided by subdivision
> (g)(2)(v) above, after being notified (by certified mail addressed to
> one of the Contractor\'s managerial personnel) of the Government\'s
> disapproval, withdrawal of approval, or nonacceptance of the system or
> program, it shall be conclusively presumed that such failure was due
> to willful misconduct or lack of good faith on the part of the
> Contractor\'s managerial personnel.
>
> \(ii\) In such event, any loss or destruction of, or damage to, the
> Government property shall be presumed to have resulted from such
> failure unless the Contractor can establish by clear and convincing
> evidence that such loss, destruction, or damage -
>
> \(A\) Did not result from the Contractor\'s failure to maintain an
> approved program or system; or
>
> \(B\) Occurred while an approved program or system was maintained by
> the Contractor.
>
> \(4\) If the Contractor transfers Government property to the
> possession and control of a subcontractor, the transfer shall not
> affect the liability of the Contractor for loss or destruction of, or
> damage to, the property as set forth above. However, the Contractor
> shall require the subcontractor to assume the risk of, and be
> responsible for, any loss or destruction of, or damage to, the
> property while in the subcontractor\'s possession or control, except
> to the extent that the subcontract, with the advance approval of the
> Contracting Officer, relieves the subcontractor from such liability.
> In the absence of such approval, the subcontract shall contain
> appropriate provisions requiring the return of all Government property
> in as good condition as when received, except for reasonable wear and
> tear or for its use in accordance with the provisions of the prime
> contract.
>
> \(5\) Upon loss or destruction of, or damage to, Government property
> provided under this contract, the Contractor shall so notify the
> Contracting Officer and shall communicate with the loss and salvage
> organization, if any, designated by the Contracting Officer. With the
> assistance of any such organization, the Contractor shall take all
> reasonable action to protect the Government property from further
> damage, separate the damaged and undamaged Government property, put
> all the affected Government property in the best possible order, and
> furnish to the Contracting Officer a statement of -
>
> \(i\) The lost, destroyed, or damaged Government property;
>
> \(ii\) The time and origin of the loss, destruction, or damage;
>
> \(iii\) All known interests in commingled property of which the
> Government property is a part; and
>
> \(iv\) The insurance, if any, covering any part of or interest in such
> commingled property.
>
> \(6\) The Contractor shall repair, renovate, and take such other
> action with respect to damaged Government property as the Contracting
> Officer directs. If the Government property is destroyed or damaged
> beyond practical repair, or is damaged and so commingled or combined
> with property of others (including the Contractor\'s) that separation
> is impractical, the Contractor may, with the approval of and subject
> to any conditions imposed by the Contracting Officer, sell such
> property for the account of the Government. Such sales may be made in
> order to minimize the loss to the Government, to permit the resumption
> of business, or to accomplish a similar purpose. The Contractor shall
> be entitled to an equitable adjustment in the contract price for the
> expenditures made in performing the obligations under this
> subparagraph (g)(6) in accordance with paragraph (h) of this clause.
> However, the Government may directly reimburse the loss and salvage
> organization for any of their charges. The Contracting Officer shall
> give due regard to the Contractor\'s liability under this paragraph
> (g) when making any such equitable adjustment.
>
> \(7\) The Contractor shall not be reimbursed for, and shall not
> include as an item of overhead, the cost of insurance or of any
> reserve covering risk of loss or destruction of, or damage to,
> Government property, except to the extent that the Government may have
> expressly required the Contractor to carry such insurance under
> another provision of this contract.
>
> \(8\) In the event the Contractor is reimbursed or otherwise
> compensated for any loss or destruction of, or damage to, Government
> property, the Contractor shall use the proceeds to repair, renovate,
> or replace the lost, destroyed, or damaged Government property or
> shall otherwise credit the proceeds to, or equitably reimburse, the
> Government, as directed by the Contracting Officer.
>
> \(9\) The Contractor shall do nothing to prejudice the Government\'s
> rights to recover against third parties for any loss or destruction
> of, or damage to, Government property. Upon the request of the
> Contracting Officer, the Contractor shall, at the Government\'s
> expense, furnish to the Government all reasonable assistance and
> cooperation (including the prosecution of suit and the execution of
> instruments of assignment in favor of the Government) in obtaining
> recovery. In addition, where a subcontractor has not been relieved
> from liability for any loss or destruction of, or damage to,
> Government property, the Contractor shall enforce for the benefit of
> the Government the liability of the subcontractor for such loss,
> destruction, or damage.
>
> \(h\) *Equitable adjustment.* When this clause specifies an equitable
> adjustment, it shall be made to any affected contract provision in
> accordance with the procedures of the Changes clause. When
> appropriate, the Contracting Officer may initiate an equitable
> adjustment in favor of the Government. The right to an equitable
> adjustment shall be the Contractor\'s exclusive remedy. The Government
> shall not be liable to suit for breach of contract for -
>
> \(1\) Any delay in delivery of Government-furnished property;
>
> \(2\) Delivery of Government-furnished property in a condition not
> suitable for its intended use;
>
> \(3\) A decrease in or substitution of Government-furnished property;
> or
>
> \(4\) Failure to repair or replace Government property for which the
> Government is responsible.
>
> \(i\) Government property disposal. Except as provided in paragraphs
> (i)(1)(i), (i)(2), and (i)(8)(i) of this clause, the Contractor shall
> not dispose of Government property until authorized to do so by the
> Plant Clearance Officer.
>
> \(1\) Scrap. (i) Contractor with an approved scrap procedure.
>
> \(A\) The Contractor may dispose of scrap resulting from production or
> testing under this contract without Government approval. However, if
> the scrap requires demilitarization or is sensitive property, the
> Contractor shall submit the scrap on an inventory disposal schedule.
>
> \(B\) For scrap from other than production or testing, the Contractor
> may prepare scrap lists in lieu of inventory disposal schedules
> (provided such lists are consistent with the approved scrap
> procedures), except that inventory disposal schedules shall be
> submitted for scrap aircraft or aircraft parts and scrap that\--
>
> \(1\) Requires demilitarization;
>
> \(2\) Is a classified item;
>
> \(3\) Is generated from classified items;
>
> \(4\) Contains hazardous materials or hazardous wastes;
>
> \(5\) Contains precious metals; or
>
> \(6\) Is dangerous to the public health, safety, or welfare.
>
> \(ii\) Contractor without an approved scrap procedure. The Contractor
> shall submit an inventory disposal schedule for all scrap.
>
> \(2\) Pre-disposal requirements. When the Contractor determines that a
> property item acquired or produced by the Contractor, to which the
> Government has obtained title under paragraph (c) of this clause, is
> no longer needed for performance of this contract, the Contractor, in
> the following order of priority:
>
> \(i\) May purchase the property at the acquisition cost.
>
> \(ii\) Shall make reasonable efforts to return unused property to the
> appropriate supplier at fair market value (less, if applicable, a
> reasonable restocking fee that is consistent with the supplier\'s
> customary practices).
>
> \(iii\) Shall list, on Standard Form 1428, Inventory Disposal
> Schedule, property that was not purchased under paragraph (i)(2)(i) of
> this clause, could not be returned to a supplier, or could not be used
> in the performance of other Government contracts.
>
> \(3\) Inventory disposal schedules. (i) The Contractor shall use
> Standard Form 1428, Inventory Disposal Schedule, to identify\--
>
> \(A\) Government-furnished property that is no longer required for
> performance of this contract, provided the terms of another Government
> contract do not require the Government to furnish that property for
> performance of that contract; and
>
> \(B\) Property acquired or produced by the Contractor, to which the
> Government has obtained title under paragraph (c) of this clause, that
> is no longer required for performance of that contract.
>
> \(ii\) The Contractor may annotate inventory disposal schedules to
> identify property the Contractor wishes to purchase from the
> Government.
>
> \(iii\) Unless the Plant Clearance Officer has agreed otherwise, or
> the contract requires electronic submission of inventory disposal
> schedules, the Contractor shall prepare separate inventory disposal
> schedules for\--
>
> \(A\) Special test equipment with commercial components;
>
> \(B\) Special test equipment that does not contain commercial
> components;
>
> \(C\) Printing equipment;
>
> \(D\) Computers, components thereof, peripheral equipment, and related
> equipment;
>
> \(E\) Precious Metals;
>
> \(F\) Nonnuclear hazardous materials or hazardous wastes; or
>
> \(G\) Nuclear materials or nuclear wastes.
>
> \(iv\) Property with the same description, condition code, and
> reporting location may be grouped in a single line item. The
> Contractor shall describe special test equipment in sufficient detail
> to permit an understanding of the special test equipment\'s intended
> use.
>
> \(4\) Submission requirements. The Contractor shall submit inventory
> disposal schedules to the Plant Clearance Officer no later than\--
>
> \(i\) Thirty days following the Contractor\'s determination that a
> Government property item is no longer required for performance of the
> contract;
>
> \(ii\) Sixty days, or such longer period as may be approved by the
> Plant Clearance Officer, following completion of contract deliveries
> or performance; or
>
> \(iii\) One hundred twenty days, or such longer period as may be
> approved by the Plant Clearance Officer, following contract
> termination in whole or in part.
>
> \(5\) Corrections. The Plant Clearance Officer may require the
> Contractor to correct an inventory disposal schedule or may reject a
> schedule if the property identified on the schedule is not accountable
> under this contract or is not in the quantity or condition indicated.
>
> \(6\) Postsubmission adjustments. The Contractor shall provide the
> Plant Clearance Officer at least 10 working days advance written
> notice of its intent to remove a property item from an approved
> inventory disposal schedule. Unless the Plant Clearance Officer
> objects to the intended schedule adjustment within the notice period,
> the Contractor may make the adjustment upon expiration of the notice
> period.
>
> \(7\) Storage. (i) The Contractor shall store the property identified
> on an inventory disposal schedule pending receipt of disposal
> instructions. The Government\'s failure to provide disposal
> instructions within 120 days following acceptance of an inventory
> disposal schedule, might entitle the Contractor to an equitable
> adjustment for costs incurred to store such property on or after the
> 121st day.
>
> \(ii\) The Contractor shall obtain the Plant Clearance Officer\'s
> approval to remove Government property from the premises at which the
> property is currently located prior to receipt of final disposition
> instructions. If approval is granted, any costs incurred by the
> Contractor to transport or store the property shall not increase the
> price or fee of any Government contract. The storage facility must be
> appropriate for assuring the property\'s physical safety and
> suitability for use. Approval does not relieve the Contractor of any
> liability under this contract for such property.
>
> \(8\) Disposition instructions. (i) If the Government does not provide
> disposition instructions to the Contractor within 45 days following
> acceptance of a scrap list, the Contractor may dispose of the listed
> scrap in accordance with the Contractor\'s approved scrap procedures.
>
> \(ii\) The Contractor shall prepare for shipment, deliver f.o.b.
> origin, or dispose of Government property as directed by the Plant
> Clearance Officer. The Contractor shall remove and destroy any
> markings identifying the property as Government property prior to
> disposing of the property.
>
> \(iii\) The Contracting Officer may require the Contractor to
> demilitarize the property prior to shipment or disposal. Any equitable
> adjustment incident to the Contracting Officer\'s direction to
> demilitarize Government property shall be made in accordance with
> paragraph (h) of this clause.
>
> \(9\) Disposal proceeds. The Contractor shall credit the net proceeds
> from the disposal of Government property to the cost of work covered
> by this contract, or to the Government as directed by the Contracting
> Officer.
>
> \(10\) Subcontractor inventory disposal schedules. The Contractor
> shall require a subcontractor that is using property accountable under
> this contract at a subcontractor-managed site to submit inventory
> disposal schedules to the Contractor in sufficient time for the
> Contractor to comply with the requirements of paragraph (i)(4) of this
> clause.
>
> \(j\) Abandonment of Government property. (1) The Government will not
> abandon sensitive Government property without the Contractor\'s
> written consent;
>
> \(2\) The Government, upon notice to the Contractor, may abandon any
> nonsensitive Government property in place at which time all
> obligations of the Government regarding such abandoned property shall
> cease.
>
> \(3\) The Government has no obligation to restore or rehabilitate the
> Contractor\'s premises under any circumstances; however, if
> Government-furnished property is withdrawn or is unsuitable for the
> intended use, or if other Government property is substituted, then the
> equitable adjustment under paragraph (h) of this clause may properly
> include restoration or rehabilitation costs.
>
> \(k\) *Communications.* All communications under this clause shall be
> in writing.
>
> \(l\) *Overseas contracts.* If this contract is to be performed
> outside the United States and its outlying areas the words
> \"Government\" and \"Government-furnished\" (wherever they appear in
> this clause) shall be construed as \"United States Government\" and
> \"United States Government-furnished,\" respectively.

[]{#__RefHeading___Toc161106887 .anchor}**I.65 52.245-19 GOVERNMENT
PROPERTY FURNISHED \"AS IS\" (APR 1984)**

> \(a\) The Government makes no warranty whatsoever with respect to
> Government property furnished "as is," except that the property is in
> the same condition when placed at the f.o.b. point specified in the
> solicitation as when inspected by the Contractor pursuant to the
> solicitation or, if not inspected by the Contractor, as when last
> available for inspection under the solicitation.
>
> \(b\) The Contractor may repair any property made available on an "as
> is" basis. Such repair will be at the Contractor\'s expense except as
> otherwise provided in this clause. Such property may be modified at
> the Contractor\'s expense, but only with the written permission of the
> Contracting Officer. Any repair or modification of property furnished
> "as is" shall not affect the title of the Government.
>
> \(c\) If there is any change in the condition of Government property
> furnished "as is" from the time inspected or last available for
> inspection under the solicitation to the time placed on board at the
> location specified in the solicitation, and such change will adversely
> affect the Contractor, the Contractor shall, upon receipt of the
> property, notify the Contracting Officer detailing the facts and, as
> directed by the Contracting Officer, either (1) return such property
> at the Government\'s expense or otherwise dispose of the property or
> (2) effect repairs to return the property to its condition when
> inspected under the solicitation or, if not inspected, last available
> for inspection under the solicitation. After completing the directed
> action and upon written request of the Contractor, the Contracting
> Officer shall equitably adjust any contractual provisions affected by
> the return, disposition, or repair in accordance with the procedures
> provided for in the Changes clause of this contract. The foregoing
> provisions for adjustment are the exclusive remedy available to the
> Contractor, and the Government shall not be otherwise liable for any
> delivery of Government property furnished "as is" in a condition other
> than that in which it was originally offered.
>
> \(d\) Except as otherwise provided in this clause, Government property
> furnished "as is" shall be governed by the Government Property clause
> of this contract.

[]{#__RefHeading___Toc161106888 .anchor}**I.66 52.246-25 LIMITATION OF
LIABILITY - SERVICES (FEB 1997)**

> \(a\) Except as provided in paragraphs (b) and (c) below, and except
> to the extent that the Contractor is expressly responsible under this
> contract for deficiencies in the services required to be performed
> under it (including any materials furnished in conjunction with those
> services), the Contractor shall not be liable for loss of or damage to
> property of the Government that -
>
> \(1\) Occurs after Government acceptance of services performed under
> this contract; and
>
> \(2\) Results from any defects or deficiencies in the services
> performed or materials furnished.
>
> \(b\) The limitation of liability under paragraph (a) above shall not
> apply when a defect or deficiency in, or the Government\'s acceptance
> of, services performed or materials furnished results from willful
> misconduct or lack of good faith on the part of any of the
> Contractor\'s managerial personnel. The term "Contractor\'s managerial
> personnel," as used in this clause, means the Contractor\'s directors,
> officers, and any of the Contractor\'s managers, superintendents, or
> equivalent representatives who have supervision or direction of -
>
> \(1\) All or substantially all of the Contractor\'s business;
>
> \(2\) All or substantially all of the Contractor\'s operations at any
> one plant, laboratory, or separate location at which the contract is
> being performed; or
>
> \(3\) A separate and complete major industrial operation connected
> with the performance of this contract.
>
> \(c\) If the Contractor carries insurance, or has established a
> reserve for self-insurance, covering liability for loss or damage
> suffered by the Government through the Contractor\'s performance of
> services or furnishing of materials under this contract, the
> Contractor shall be liable to the Government, to the extent of such
> insurance or reserve, for loss of or damage to property of the
> Government occurring after Government acceptance of, and resulting
> from any defects and deficiencies in, services performed or materials
> furnished under this contract.

[]{#__RefHeading___Toc161106889 .anchor}**I.67 52.248-1 VALUE
ENGINEERING (FEB 2000)**

> \(a\) *General*. The Contractor is encouraged to develop, prepare, and
> submit value engineering change proposals (VECP\'s) voluntarily. The
> Contractor shall share in any net acquisition savings realized from
> accepted VECP\'s, in accordance with the incentive sharing rates in
> paragraph (f) below.
>
> \(b\) *Definitions*.
>
> "Acquisition savings," as used in this clause, means savings resulting
> from the application of a VECP to contracts awarded by the same
> contracting office or its successor for essentially the same unit.
> Acquisition savings include -
>
> \(1\) Instant contract savings, which are the net cost reductions on
> this, the instant contract, and which are equal to the instant unit
> cost reduction multiplied by the number of instant contract units
> affected by the VECP, less the Contractor\'s allowable development and
> implementation costs;
>
> \(2\) Concurrent contract savings, which are net reductions in the
> prices of other contracts that are definitized and ongoing at the time
> the VECP is accepted; and
>
> \(3\) Future contract savings, which are the product of the future
> unit cost reduction multiplied by the number of future contract units
> in the sharing base. On an instant contract, future contract savings
> include savings on increases in quantities after VECP acceptance that
> are due to contract modifications, exercise of options, additional
> orders, and funding of subsequent year requirements on a multiyear
> contract.
>
> "Collateral savings," as used in this clause, means those measurable
> net reductions resulting from a VECP in the agency\'s overall
> projected collateral costs, exclusive of acquisition savings, whether
> or not the acquisition cost changes.
>
> "Contracting office" includes any contracting office that the
> acquisition is transferred to, such as another branch of the agency or
> another agency\'s office that is performing a joint acquisition
> action.
>
> "Contractor\'s development and implementation costs," as used in this
> clause, means those costs the Contractor incurs on a VECP specifically
> in developing, testing, preparing, and submitting the VECP, as well as
> those costs the Contractor incurs to make the contractual changes
> required by Government acceptance of a VECP.
>
> "Future unit cost reduction," as used in this clause, means the
> instant unit cost reduction adjusted as the Contracting Officer
> considers necessary for projected learning or changes in quantity
> during the sharing period. It is calculated at the time the VECP is
> accepted and applies either -
>
> \(1\) Throughout the sharing period, unless the Contracting Officer
> decides that recalculation is necessary because conditions are
> significantly different from those previously anticipated; or
>
> \(2\) To the calculation of a lump-sum payment, which cannot later be
> revised.
>
> "Government costs," as used in this clause, means those agency costs
> that result directly from developing and implementing the VECP, such
> as any net increases in the cost of testing, operations, maintenance,
> and logistics support. The term does not include the normal
> administrative costs of processing the VECP or any increase in this
> contract\'s cost or price resulting from negative instant contract
> savings.
>
> "Instant contract," as used in this clause, means this contract, under
> which the VECP is submitted. It does not include increases in
> quantities after acceptance of the VECP that are due to contract
> modifications, exercise of options, or additional orders. If this is a
> multiyear contract, the term does not include quantities funded after
> VECP acceptance. If this contract is a fixed-price contract with
> prospective price redetermination, the term refers to the period for
> which firm prices have been established.
>
> "Instant unit cost reduction" means the amount of the decrease in unit
> cost of performance (without deducting any Contractor\'s development
> or implementation costs) resulting from using the VECP on this, the
> instant contract. If this is a service contract, the instant unit cost
> reduction is normally equal to the number of hours per line-item task
> saved by using the VECP on this contract, multiplied by the
> appropriate contract labor rate.
>
> "Negative instant contract savings" means the increase in the cost or
> price of this contract when the acceptance of a VECP results in an
> excess of the Contractor\'s allowable development and implementation
> costs over the product of the instant unit cost reduction multiplied
> by the number of instant contract units affected.
>
> "Net acquisition savings" means total acquisition savings, including
> instant, concurrent, and future contract savings, less Government
> costs.
>
> "Sharing base," as used in this clause, means the number of affected
> end items on contracts of the contracting office accepting the VECP.
>
> "Sharing period," as used in this clause, means the period beginning
> with acceptance of the first unit incorporating the VECP and ending at
> a calendar date or event determined by the contracting officer for
> each VECP.
>
> "Unit," as used in this clause, means the item or task to which the
> Contracting Officer and the Contractor agree the VECP applies.

"Value engineering change proposal (VECP)" means a proposal that -

> \(1\) Requires a change to this, the instant contract, to implement;
> and
>
> \(2\) Results in reducing the overall projected cost to the agency
> without impairing essential functions or characteristics; *provided*,
> that it does not involve a change -
>
> \(i\) In deliverable end item quantities only;
>
> \(ii\) In research and development (R&D) end items or R&D test
> quantities that is due solely to results of previous testing under
> this contract; or
>
> \(iii\) To the contract type only.
>
> \(c\) *VECP preparation*. As a minimum, the Contractor shall include
> in each VECP the information described in paragraphs (c)(1) through
> (8) of this clause. If the proposed change is affected by
> contractually required configuration management or similar procedures,
> the instructions in those procedures relating to format,
> identification, and priority assignment shall govern VECP preparation.
> The VECP shall include the following:
>
> \(1\) A description of the difference between the existing contract
> requirement and the proposed requirement, the comparative advantages
> and disadvantages of each, a justification when an item\'s function or
> characteristics are being altered, the effect of the change on the end
> item\'s performance, and any pertinent objective test data.
>
> \(2\) A list and analysis of the contract requirements that must be
> changed if the VECP is accepted, including any suggested specification
> revisions.
>
> \(3\) Identification of the unit to which the VECP applies.
>
> \(4\) A separate, detailed cost estimate for (i) the affected portions
> of the existing contract requirement and (ii) the VECP. The cost
> reduction associated with the VECP shall take into account the
> Contractor\'s allowable development and implementation costs,
> including any amount attributable to subcontracts under the
> Subcontracts paragraph of this clause, below.
>
> \(5\) A description and estimate of costs the Government may incur in
> implementing the VECP, such as test and evaluation and operating and
> support costs.
>
> \(6\) A prediction of any effects the proposed change would have on
> collateral costs to the agency.
>
> \(7\) A statement of the time by which a contract modification
> accepting the VECP must be issued in order to achieve the maximum cost
> reduction, noting any effect on the contract completion time or
> delivery schedule.
>
> \(8\) Identification of any previous submissions of the VECP,
> including the dates submitted, the agencies and contract numbers
> involved, and previous Government actions, if known.
>
> \(d\) *Submission*. The Contractor shall submit VECP\'s to the
> Contracting Officer, unless this contract states otherwise. If this
> contract is administered by other than the contracting office, the
> Contractor shall submit a copy of the VECP simultaneously to the
> Contracting Officer and to the Administrative Contracting Officer.
>
> \(e\) *Government action*. (1) The Contracting Officer will notify the
> Contractor of the status of the VECP within 45 calendar days after the
> contracting office receives it. If additional time is required, the
> Contracting Officer will notify the Contractor within the 45-day
> period and provide the reason for the delay and the expected date of
> the decision. The Government will process VECP\'s expeditiously;
> however, it will not be liable for any delay in acting upon a VECP.
>
> \(2\) If the VECP is not accepted, the Contracting Officer will notify
> the Contractor in writing, explaining the reasons for rejection. The
> Contractor may withdraw any VECP, in whole or in part, at any time
> before it is accepted by the Government. The Contracting Officer may
> require that the Contractor provide written notification before
> undertaking significant expenditures for VECP effort.
>
> \(3\) Any VECP may be accepted, in whole or in part, by the
> Contracting Officer\'s award of a modification to this contract citing
> this clause and made either before or within a reasonable time after
> contract performance is completed. Until such a contract modification
> applies a VECP to this contract, the Contractor shall perform in
> accordance with the existing contract. The decision to accept or
> reject all or part of any VECP is a unilateral decision made solely at
> the discretion of the Contracting Officer.
>
> \(f\) *Sharing rates*. If a VECP is accepted, the Contractor shall
> share in net acquisition savings according to the percentages shown in
> the table below. The percentage paid the Contractor depends upon -
>
> \(1\) This contract\'s type (fixed-price, incentive, or
> cost-reimbursement);
>
> \(2\) The sharing arrangement specified in paragraph (a) of this
> clause (incentive, program requirement, or a combination as delineated
> in the Schedule); and
>
> \(3\) The source of the savings (the instant contract, or concurrent
> and future contracts), as follows:

+---------------+------------+------------+------------+-------------+
| CONTRACTOR\'S |            |            |            |             |
| SHARE OF NET  |            |            |            |             |
| ACQUISITION   |            |            |            |             |
| SAVINGS       |            |            |            |             |
|               |            |            |            |             |
| (Figure in    |            |            |            |             |
| Percent)      |            |            |            |             |
+---------------+------------+------------+------------+-------------+
| CONTRACT TYPE | INCENTIVE  |            |            |             |
|               | PROGRAM    |            |            |             |
|               | R          |            |            |             |
|               | EQUIREMENT |            |            |             |
|               |            |            |            |             |
|               | (          |            |            |             |
|               | VOLUNTARY) |            |            |             |
|               | (          |            |            |             |
|               | MANDATORY) |            |            |             |
+---------------+------------+------------+------------+-------------+
|               | Instant    | Concurrent | Instant    | Concurrent  |
|               | Contract   | and Future | Contract   | and Future  |
|               | Rate       | Contract   | Rate       | Contract    |
|               |            | Rate       |            | Rate        |
+---------------+------------+------------+------------+-------------+
| Fixed-price   | \*50       | \*50       | 25         | 25          |
| (includes     |            |            |            |             |
| fixed         |            |            |            |             |
| pri           |            |            |            |             |
| ce-award-fee; |            |            |            |             |
| excludes      |            |            |            |             |
| other         |            |            |            |             |
| fixed-price   |            |            |            |             |
| incentive     |            |            |            |             |
| contracts)    |            |            |            |             |
+---------------+------------+------------+------------+-------------+
| Incentive     | (\*\*)     | \*50       | (\*\*)     | 25          |
| (fixed-price  |            |            |            |             |
| or cost)      |            |            |            |             |
| (other than   |            |            |            |             |
| award fee)    |            |            |            |             |
+---------------+------------+------------+------------+-------------+
| Cost-         | \*\*\*25   | \*\*\*25   | 15         | 15          |
| reimbursement |            |            |            |             |
| (includes     |            |            |            |             |
| cost-pl       |            |            |            |             |
| us-award-fee; |            |            |            |             |
| excludes      |            |            |            |             |
| other         |            |            |            |             |
| cost-type     |            |            |            |             |
| incentive     |            |            |            |             |
| contracts)    |            |            |            |             |
+---------------+------------+------------+------------+-------------+
| \*The         |            |            |            |             |
| Contracting   |            |            |            |             |
| Officer may   |            |            |            |             |
| increase the  |            |            |            |             |
| Contractor\'s |            |            |            |             |
| sharing rate  |            |            |            |             |
| to as high as |            |            |            |             |
| 75 percent    |            |            |            |             |
| for each      |            |            |            |             |
| VECP.         |            |            |            |             |
|               |            |            |            |             |
| \*\*Same      |            |            |            |             |
| sharing       |            |            |            |             |
| arrangement   |            |            |            |             |
| as the        |            |            |            |             |
| contract\'s   |            |            |            |             |
| profit or fee |            |            |            |             |
| adjustment    |            |            |            |             |
| formula.      |            |            |            |             |
|               |            |            |            |             |
| \*\*\*The     |            |            |            |             |
| Contracting   |            |            |            |             |
| Officer may   |            |            |            |             |
| increase the  |            |            |            |             |
| Contractor\'s |            |            |            |             |
| sharing rate  |            |            |            |             |
| to as high as |            |            |            |             |
| 50 percent    |            |            |            |             |
| for each      |            |            |            |             |
| VECP.         |            |            |            |             |
+---------------+------------+------------+------------+-------------+

> \(g\) *Calculating net acquisition savings*. (1) Acquisition savings
> are realized when (i) the cost or price is reduced on the instant
> contract, (ii) reductions are negotiated in concurrent contracts,
> (iii) future contracts are awarded, or (iv) agreement is reached on a
> lump-sum payment for future contract savings (see subparagraph (i)(4)
> below). Net acquisition savings are first realized, and the Contractor
> shall be paid a share, when Government costs and any negative instant
> contract savings have been fully offset against acquisition savings.
>
> \(2\) Except in incentive contracts, Government costs and any price or
> cost increases resulting from negative instant contract savings shall
> be offset against acquisition savings each time such savings are
> realized until they are fully offset. Then, the Contractor\'s share is
> calculated by multiplying net acquisition savings by the appropriate
> Contractor\'s percentage sharing rate (see paragraph (f) of this
> clause). Additional Contractor shares of net acquisition savings shall
> be paid to the Contractor at the time realized.
>
> \(3\) If this is an incentive contract, recovery of Government costs
> on the instant contract shall be deferred and offset against
> concurrent and future contract savings. The Contractor shall share
> through the contract incentive structure in savings on the instant
> contract items affected. Any negative instant contract savings shall
> be added to the target cost or to the target price and ceiling price,
> and the amount shall be offset against concurrent and future contract
> savings.
>
> \(4\) If the Government does not receive and accept all items on which
> it paid the Contractor\'s share, the Contractor shall reimburse the
> Government for the proportionate share of these payments.
>
> \(h\) *Contract adjustment*. The modification accepting the VECP (or a
> subsequent modification issued as soon as possible after any
> negotiations are completed) shall -
>
> \(1\) Reduce the contract price or estimated cost by the amount of
> instant contract savings, unless this is an incentive contract;
>
> \(2\) When the amount of instant contract savings is negative,
> increase the contract price, target price and ceiling price, target
> cost, or estimated cost by that amount;
>
> \(3\) Specify the Contractor\'s dollar share per unit on future
> contracts, or provide the lump-sum payment;
>
> \(4\) Specify the amount of any Government costs or negative instant
> contract savings to be offset in determining net acquisition savings
> realized from concurrent or future contract savings; and
>
> \(5\) Provide the Contractor\'s share of any net acquisition savings
> under the instant contract in accordance with the following:
>
> \(i\) Fixed-price contracts - add to contract price.
>
> \(ii\) Cost-reimbursement contracts - add to contract fee.
>
> \(iii\) *Concurrent and future contract savings*. (1) Payments of the
> Contractor\'s share of concurrent and future contract savings shall be
> made by a modification to the instant contract in accordance with
> subparagraph (h)(5) above. For incentive contracts, shares shall be
> added as a separate firm-fixed-price line item on the instant
> contract. The Contractor shall
>
> maintain records adequate to identify the first delivered unit for 3
> years after final payment under this contract.
>
> \(2\) The Contracting Officer shall calculate the Contractor\'s share
> of concurrent contract savings by -
>
> \(i\) Subtracting from the reduction in price negotiated on the
> concurrent contract any Government costs or negative instant contract
> savings not yet offset; and
>
> \(ii\) Multiplying the result by the Contractor\'s sharing rate.
>
> \(3\) The Contracting Officer shall calculate the Contractor\'s share
> of future contract savings by -
>
> \(i\) Multiplying the future unit cost reduction by the number of
> future contract units scheduled for delivery during the sharing
> period;
>
> \(ii\) Subtracting any Government costs or negative instant contract
> savings not yet offset; and
>
> \(iii\) Multiplying the result by the Contractor\'s sharing rate.
>
> \(4\) When the Government wishes and the Contractor agrees, the
> Contractor\'s share of future contract savings may be paid in a single
> lump sum rather than in a series of payments over time as future
> contracts are awarded. Under this alternate procedure, the future
> contract savings may be calculated when the VECP is accepted, on the
> basis of the Contracting Officer\'s forecast of the number of units
> that will be delivered during the sharing period. The Contractor\'s
> share shall be included in a modification to this contract (see
> paragraph (h)(3) of this clause) and shall not be subject to
> subsequent adjustment.
>
> \(5\) *Alternate no-cost settlement method*. When, in accordance with
> subsection 48.104-4 of the Federal Acquisition Regulation, the
> Government and the Contractor mutually agree to use the no-cost
> settlement method, the following applies:
>
> \(i\) The Contractor will keep all the savings on the instant contract
> and on its concurrent contracts only.
>
> \(ii\) The Government will keep all the savings resulting from
> concurrent contracts placed on other sources, savings from all future
> contracts, and all collateral savings.
>
> \(j\) *Collateral savings*. If a VECP is accepted, the Contracting
> Officer will increase the instant contract amount, as specified in
> paragraph (h)(5) of this clause, by a rate from 20 to 100 percent, as
> determined by the Contracting Officer, of any projected collateral
> savings determined to be realized in a typical year of use after
> subtracting any Government costs not previously offset. However, the
> Contractor\'s share of collateral savings will not exceed the
> contract\'s firm-fixed-price, target price, target cost, or estimated
> cost, at the time the VECP is accepted, or \$100,000, whichever is
> greater. The Contracting Officer will be the sole determiner of the
> amount of collateral savings.
>
> \(k\) *Relationship to other incentives*. Only those benefits of an
> accepted VECP not rewardable under performance, design-to-cost
> (production unit cost, operating and support costs, reliability and
> maintainability), or similar incentives shall be rewarded under this
> clause. However, the targets of such incentives affected by the VECP
> shall not be adjusted because of VECP acceptance. If this contract
> specifies targets but provides no incentive to surpass them, the value
> engineering sharing shall apply only to the amount of achievement
> better than target.
>
> \(l\) *Subcontracts*. The Contractor shall include an appropriate
> value engineering clause in any subcontract of \$100,000 or more and
> may include one in subcontracts of lesser value. In calculating any
> adjustment in this contract\'s price for instant contract savings (or
> negative instant contract savings), the Contractor\'s allowable
> development and implementation costs shall include any
> subcontractor\'s allowable development and implementation costs, and
> any value engineering incentive payments to a subcontractor, clearly
> resulting from a VECP accepted by the Government under this contract.
> The Contractor may choose any arrangement for subcontractor value
> engineering incentive payments, *provided*, that the payments shall
> not reduce the Government\'s share of concurrent or future contract
> savings or collateral savings.
>
> \(m\) *Data*. The Contractor may restrict the Government\'s right to
> use any part of a VECP or the supporting data by marking the following
> legend on the affected parts:
>
> These data, furnished under the Value Engineering clause of contract
> \_\_\_\_\_\_\_\_, shall not be disclosed outside the Government or
> duplicated, used, or disclosed, in whole or in part, for any purpose
> other than to evaluate a value engineering change proposal submitted
> under the clause. This restriction does not limit the Government\'s
> right to use information contained in these data if it has been
> obtained or is otherwise available from the Contractor or from another
> source without limitations.
>
> If a VECP is accepted, the Contractor hereby grants the Government
> unlimited rights in the VECP and supporting data, except that, with
> respect to data qualifying and submitted as limited rights technical
> data, the Government shall have the rights specified in the contract
> modification implementing the VECP and shall appropriately mark the
> data. (The terms "unlimited rights" and "limited rights" are defined
> in Part 27 of the Federal Acquisition Regulation.)

[]{#__RefHeading___Toc161106890 .anchor}**I.68 52.249-6 TERMINATION
(COST-REIMBURSEMENT) (MAY 2004) - ALTERNATE IV (SEP 1996)**

> \(a\) The Government may terminate performance of work under this
> contract in whole or, from time to time, in part, if -
>
> \(1\) The Contracting Officer determines that a termination is in the
> Government\'s interest; or
>
> \(2\) The Contractor defaults in performing this contract and fails to
> cure the default within 10 days (unless extended by the Contracting
> Officer) after receiving a notice specifying the default. "Default"
> includes failure to make progress in the work so as to endanger
> performance.
>
> \(b\) The Contracting Officer shall terminate by delivering to the
> Contractor a Notice of Termination specifying whether termination is
> for default of the Contractor or for convenience of the Government,
> the extent of termination, and the effective date. If, after
> termination for default, it is determined that the Contractor was not
> in default or that the Contractor\'s failure to perform or to make
> progress in performance is due to causes beyond the control and
> without the fault or negligence of the Contractor as set forth in the
> Excusable Delays clause, the rights and obligations of the parties
> will be the same as if the termination was for the convenience of the
> Government.
>
> \(c\) After receipt of a Notice of Termination, and except as directed
> by the Contracting Officer, the Contractor shall immediately proceed
> with the following obligations, regardless of any delay in determining
> or adjusting any amounts due under this clause:
>
> \(1\) Stop work as specified in the notice.
>
> \(2\) Place no further subcontracts or orders (referred to as
> subcontracts in this clause), except as necessary to complete the
> continued portion of the contract.
>
> \(3\) Terminate all subcontracts to the extent they relate to the work
> terminated.
>
> \(4\) Assign to the Government, as directed by the Contracting
> Officer, all right, title, and interest of the Contractor under the
> subcontracts terminated, in which case the Government shall have the
> right to settle or to pay any termination settlement proposal arising
> out of those terminations.
>
> \(5\) With approval or ratification to the extent required by the
> Contracting Officer, settle all outstanding liabilities and
> termination settlement proposals arising from the termination of
> subcontracts, the cost of which would be reimbursable in whole or in
> part, under this contract; approval or ratification will be final for
> purposes of this clause.
>
> \(6\) Transfer title (if not already transferred) and, as directed by
> the Contracting Officer, deliver to the Government -
>
> \(i\) The fabricated or unfabricated parts, work in process, completed
> work, supplies, and other material produced or acquired for the work
> terminated;
>
> \(ii\) The completed or partially completed plans, drawings,
> information, and other property that, if the contract had been
> completed, would be required to be furnished to the Government; and
>
> \(iii\) The jigs, dies, fixtures, and other special tools and tooling
> acquired or manufactured for this contract, the cost of which the
> Contractor has been or will be reimbursed under this contract.
>
> \(7\) Complete performance of the work not terminated.
>
> \(8\) Take any action that may be necessary, or that the Contracting
> Officer may direct, for the protection and preservation of the
> property related to this contract that is in the possession of the
> Contractor and in which the Government has or may acquire an interest.
>
> \(9\) Use its best efforts to sell, as directed or authorized by the
> Contracting Officer, any property of the types referred to in
> subparagraph (c)(6) of this clause; *provided, however*, that the
> Contractor (i) is not required to extend credit to any purchaser and
> (ii) may acquire the property under the conditions prescribed by, and
> at prices approved by, the Contracting Officer. The proceeds of any
> transfer or disposition will be applied to reduce any payments to be
> made by the Government under this contract, credited to the price or
> cost of the work, or paid in any other manner directed by the
> Contracting Officer.
>
> \(d\) The Contractor shall submit complete termination inventory
> schedules no later than 120 days from the effective date of
> termination, unless extended in writing by the Contracting Officer
> upon written request of the Contractor within this 120-day period.
>
> \(e\) After expiration of the plant clearance period as defined in
> Subpart 49.001 of the Federal Acquisition Regulation, the Contractor
> may submit to the Contracting Officer a list, certified as to quantity
> and quality, of termination inventory not previously disposed of,
> excluding items authorized for disposition by the Contracting Officer.
> The Contractor may request the Government to remove those items or
> enter into an agreement for their storage. Within 15 days, the
> Government will accept the items and remove them or enter into a
> storage agreement. The Contracting Officer may verify the list upon
> removal of the items, or if stored, within 45 days from submission of
> the list, and shall correct the list, as necessary, before final
> settlement.
>
> \(f\) After termination, the Contractor shall submit a final
> termination settlement proposal to the Contracting Officer in the form
> and with the certification prescribed by the Contracting Officer. The
> Contractor shall submit the proposal promptly, but no later than 1
> year from the effective date of termination, unless extended in
> writing by the Contracting Officer upon written request of the
> Contractor within this 1-year period. However, if the Contracting
> Officer determines that the facts justify it, a termination settlement
> proposal may be received and acted on after 1 year or any extension.
> If the Contractor fails to submit the proposal within the time
> allowed, the Contracting Officer may determine, on the basis of
> information available, the amount, if any, due the Contractor because
> of the termination and shall pay the amount determined.
>
> \(g\) Subject to paragraph (f) of this clause, the Contractor and the
> Contracting Officer may agree on the whole or any part of the amount
> to be paid (including an allowance for fee) because of the
> termination. The contract shall be amended, and the Contractor paid
> the agreed amount.
>
> \(h\) If the Contractor and the Contracting Officer fail to agree in
> whole or in part on the amount to be paid because of the termination
> of work, the Contracting Officer shall determine, on the basis of
> information available, the amount, if any, due the Contractor and
> shall pay the amount determined as follows:
>
> \(1\) If the termination is for the convenience of the Government,
> include -
>
> \(i\) An amount for direct labor hours (as defined in the Schedule of
> the contract) determined by multiplying the number of direct labor
> hours expended before the effective date of termination by the hourly
> rate(s) in the Schedule, less any hourly rate payments already made to
> the Contractor;
>
> \(ii\) An amount (computed under the provisions for payment of
> materials) for material expenses incurred before the effective date of
> termination, not previously paid to the Contractor;
>
> \(iii\) An amount for labor and material expenses computed as if the
> expenses were incurred before the effective date of termination, if
> they are reasonably incurred after the effective date, with the
> approval of or as directed by the Contracting Officer; however, the
> Contractor shall discontinue these expenses as rapidly as practicable;
>
> \(iv\) If not included in subdivision (h)(1)(i), (ii), or (iii) of
> this clause, the cost of settling and paying termination settlement
> proposals under terminated subcontracts that are properly chargeable
> to the terminated portion of the contract; and
>
> \(v\) The reasonable costs of settlement of the work terminated,
> including -
>
> \(A\) Accounting, legal, clerical, and other expenses reasonably
> necessary for the preparation of termination settlement proposals and
> supporting data;
>
> \(B\) The termination and settlement of subcontracts (excluding the
> amounts of such settlements); and
>
> \(C\) Storage, transportation, and other costs incurred, reasonably
> necessary for the protection or disposition of the termination
> inventory.
>
> \(2\) If the termination is for default of the Contractor, include the
> amounts computed under subparagraph (h)(1) of this clause but omit -
>
> \(i\) Any amount for preparation of the Contractor\'s termination
> settlement proposal; and
>
> \(ii\) The portion of the hourly rate allocable to profit for any
> direct labor hours expended in furnishing materials and services not
> delivered to and accepted by the Government.
>
> \(i\) The cost principles and procedures in Part 31 of the Federal
> Acquisition Regulation, in effect on the date of this contract, shall
> govern all costs claimed, agreed to, or determined under this clause.
>
> \(j\) The Contractor shall have the right of appeal, under the
> Disputes clause, from any determination made by the Contracting
> Officer under paragraph (f), (h), or (l) of this clause, except that
> if the Contractor failed to submit the termination settlement proposal
> within the time provided in paragraph (f) and failed to request a time
> extension, there is no right of appeal. If the Contracting Officer has
> made a determination of the amount due under paragraph (f), (h) or (l)
> of this clause, the Government shall pay the Contractor -
>
> \(1\) The amount determined by the Contracting Officer if there is no
> right of appeal or if no timely appeal has been taken; or
>
> \(2\) The amount finally determined on an appeal.
>
> \(k\) In arriving at the amount due the Contractor under this clause,
> there shall be deducted -
>
> \(1\) All unliquidated advance or other payments to the Contractor,
> under the terminated portion of this contract;
>
> \(2\) Any claim which the Government has against the Contractor under
> this contract; and
>
> \(3\) The agreed price for, or the proceeds of sale of materials,
> supplies, or other things acquired by the Contractor or sold under
> this clause and not recovered by or credited to the Government.
>
> \(l\) If the termination is partial, the Contractor may file with the
> Contracting Officer a proposal for an equitable adjustment of price(s)
> for the continued portion of the contract. The Contracting Officer
> shall make any equitable adjustment agreed upon. Any proposal by the
> Contractor for an equitable adjustment under this clause shall be
> requested within 90 days from the effective date of termination,
> unless extended in writing by the Contracting Officer.
>
> (m)(1) The Government may, under the terms and conditions it
> prescribes, make partial payments and payments against costs incurred
> by the Contractor for the terminated portion of the contract, if the
> Contracting Officer believes the total of these payments will not
> exceed the amount to which the Contractor will be entitled.
>
> \(2\) If the total payments exceed the amount finally determined to be
> due, the Contractor shall repay the excess to the Government upon
> demand, together with interest computed at the rate established by the
> Secretary of the Treasury under 50 U.S.C. App. 1215(b)(2). Interest
> shall be computed for the period from the date the excess payment is
> received by the Contractor to the date the excess is repaid. Interest
> shall not be charged on any excess payment due to a reduction in the
> Contractor\'s termination settlement proposal because of retention or
> other disposition of termination inventory until 10 days after the
> date of the retention or disposition, or a later date determined by
> the Contracting Officer because of the circumstances.
>
> \(n\) The provisions of this clause relating to fee are inapplicable
> if this contract does not include a fee.

[]{#__RefHeading___Toc161106891 .anchor}**I.69 52.249-14 EXCUSABLE
DELAYS (APR 1984)**

> \(a\) Except for defaults of subcontractors at any tier, the
> Contractor shall not be in default because of any failure to perform
> this contract under its terms if the failure arises from causes beyond
> the control and without the fault or negligence of the Contractor.
> Examples of these causes are (1) acts of God or of the public enemy,
> (2) acts of the Government in either its sovereign or contractual
> capacity, (3) fires, (4) floods, (5) epidemics, (6) quarantine
> restrictions, (7) strikes, (8) freight embargoes, and (9) unusually
> severe weather. In each instance, the failure to perform must be
> beyond the control and without the fault or negligence of the
> Contractor. "Default" includes failure to make progress in the work so
> as to endanger performance.
>
> \(b\) If the failure to perform is caused by the failure of a
> subcontractor at any tier to perform or make progress, and if the
> cause of the failure was beyond the control of both the Contractor and
> subcontractor, and without the fault or negligence of either, the
> Contractor shall not be deemed to be in default, unless -
>
> \(1\) The subcontracted supplies or services were obtainable from
> other sources;
>
> \(2\) The Contracting Officer ordered the Contractor in writing to
> purchase these supplies or services from the other source; and
>
> \(3\) The Contractor failed to comply reasonably with this order.
>
> \(c\) Upon request of the Contractor, the Contracting Officer shall
> ascertain the facts and extent of the failure. If the Contracting
> Officer determines that any failure to perform results from one or
> more of the causes above, the delivery schedule shall be revised,
> subject to the rights of the Government under the termination clause
> of this contract.

[]{#__RefHeading___Toc161106892 .anchor}**I.70 52.251-1 GOVERNMENT
SUPPLY SOURCES (APR 1984)**

The Contracting Officer may issue the Contractor an authorization to use
Government supply sources in the performance of this contract. Title to
all property acquired by the Contractor under such an authorization
shall vest in the Government unless otherwise specified in the contract.
Such property shall not be considered to be "Government-furnished
property," as distinguished from "Government property." The provisions
of the clause entitled "Government Property," except its paragraphs (a)
and (b), shall apply to all property acquired under such authorization.

[]{#__RefHeading___Toc161106893 .anchor}**I.71 52.253-1 COMPUTER
GENERATED FORMS (JAN 1991)**

> \(a\) Any data required to be submitted on a Standard or Optional Form
> prescribed by the Federal Acquisition Regulation (FAR) may be
> submitted on a computer generated version of the form, *provided*
> there is no change to the name, content, or sequence of the data
> elements on the form, and provided the form carries the Standard or
> Optional Form number and edition date.
>
> \(b\) Unless prohibited by agency regulations, any data required to be
> submitted on an agency unique form prescribed by an agency supplement
> to the FAR may be submitted on a computer generated version of the
> form provided there is no change to the name, content, or sequence of
> the data elements on the form and provided the form carries the agency
> form number and edition date.
>
> \(c\) If the Contractor submits a computer generated version of a form
> that is different than the required form, then the rights and
> obligations of the parties will be determined based on the content of
> the required form.

[]{#__RefHeading___Toc161106894 .anchor}**I.72 952.203-70 WHISTLEBLOWER
PROTECTION FOR CONTRACTOR EMPLOYEES (DEC 2000)**

> \(a\) The contractor shall comply with the requirements of \"DOE
> Contractor Employee Protection Program\" at 10 CFR part 708 for work
> performed on behalf of DOE directly related to activities at DOE-owned
> or-leased sites.
>
> \(b\) The contractor shall insert or have inserted the substance of
> this clause, including this paragraph (b), in subcontracts at all
> tiers, for subcontracts involving work performed on behalf of DOE
> directly related to activities at DOE-owned or leased sites.

[]{#__RefHeading___Toc161106895 .anchor}**I.73 952.204-2 SECURITY (MAY
2002)**

> \(a\) Responsibility. It is the contractor\'s duty to safeguard all
> classified information, special nuclear material, and other DOE
> property. The contractor shall, in accordance with DOE security
> regulations and requirements, be responsible for safeguarding all
> classified information and protecting against sabotage, espionage,
> loss or theft of the classified documents and material in the
> contractor\'s possession in connection with the performance of work
> under this contract. Except as otherwise expressly provided in this
> contract, the contractor shall, upon completion or termination of this
> contract, transmit to DOE any classified matter in the possession of
> the contractor or any person under the contractor\'s control in
> connection with performance of this contract. If retention by the
> contractor of any classified matter is required after the completion
> or termination of the contract, the contractor shall identify the
> items and types or categories of matter proposed for retention, the
> reasons for the retention of the matter, and the proposed period of
> retention. If the retention is approved by the contracting officer,
> the security provisions of the contract shall continue to be
> applicable to the matter retained. Special nuclear material shall not
> be retained after the completion or termination of the contract.
>
> \(b\) Regulations. The contractor agrees to comply with all security
> regulations and requirements of DOE in effect on the date of award.
>
> \(c\) Definition of classified information. The term \"classified
> information\" means Restricted Data, Formerly Restricted Data, or
> National Security Information.
>
> \(d\) Definition of restricted data. The term \"Restricted Data\"
> means all data concerning (1) design, manufacture, or utilization of
> atomic weapons; (2) the production of special nuclear material; or (3)
> the use of special nuclear material in the production of energy, but
> shall not include data declassified or removed from the Restricted
> Data category pursuant to Section 142 of the Atomic Energy Act of
> 1954, as amended.
>
> \(e\) Definition of formerly restricted data. The term \"Formerly
> Restricted Data\" means all data removed from the Restricted Data
> category under section 142 d. of the Atomic Energy Act of 1954, as
> amended.
>
> \(f\) Definition of National Security Information. The term \"National
> Security Information\" means any information or material, regardless
> of its physical form or characteristics, that is owned by, produced
> for or by, or is under the control of the United States Government,
> that has been determined pursuant to Executive Order 12356 or prior
> Orders to require protection against unauthorized disclosure, and
> which is so designated.
>
> \(g\) Definition of Special Nuclear Material (SNM). SNM means: (1)
> plutonium, uranium enriched in the isotope 233 or in the isotope 235,
> and any other material which pursuant to the provisions of Section 51
> of the Atomic Energy Act of 1954, as amended, has been determined to
> be special nuclear material, but does not include source material; or
> (2) any material artificially enriched by any of the foregoing, but
> does not include source material.
>
> \(h\) Security clearance of personnel. The contractor shall not permit
> any individual to have access to any classified information, except in
> accordance with the Atomic Energy Act of 1954, as amended, Executive
> Order 12356, and the DOE\'s regulations or requirements applicable to
> the particular level and category of classified information to which
> access is required.
>
> \(i\) Criminal liability. It is understood that disclosure of any
> classified information relating to the work or services ordered
> hereunder to any person not entitled to receive it, or failure to
> safeguard any classified information that may come to the contractor
> or any person under the contractor\'s control in connection with work
> under this contract, may subject the contractor, its agents,
> employees, or subcontractors to criminal liability under the laws of
> the United States. (See the Atomic Energy Act of 1954, as amended, 42
> U.S.C. 2011 et seq.; 18 U.S.C. 793 and 794; and E.O. 12356.)
>
> \(j\) Foreign Ownership, Control or Influence.
>
> \(1\) The Contractor shall immediately provide the cognizant security
> office written notice of any change in the extent and nature of
> foreign ownership, control or influence over the Contractor which
> would affect any answer to the questions presented in the Certificate
> Pertaining to Foreign Interests, Standard Form 328 or the Foreign
> Ownership, Control or Influence questionnaire executed by the
> Contractor prior to the award of this contract. In addition, any
> notice of changes in ownership or control which are required to be
> reported to the Securities and Exchange Commission, the Federal Trade
> Commission, or the Department of Justice shall also be furnished
> concurrently to the Contracting Officer.
>
> \(2\) If a Contractor has changes involving foreign ownership, control
> or influence, DOE must determine whether the changes will pose an
> undue risk to the common defense and security. In making this
> determination, DOE will consider proposals made by the Contractor to
> avoid or mitigate foreign influences.
>
> \(3\) If the cognizant security office at any time determines that the
> Contractor is, or is potentially, subject to foreign ownership,
> control or influence, the Contractor shall comply with such
> instructions as the Contracting Officer shall provide in writing to
> safeguard any classified information or special nuclear material.
>
> \(4\) The Contractor agrees to insert terms that conform substantially
> to the language of this clause, including this paragraph, in all
> subcontracts under this contract that will require subcontractor
> employees to possess access authorizations. Additionally, the
> Contractor must require subcontractors to have an existing DOD or DOE
> Facility Clearance or submit a completed Certificate Pertaining to
> Foreign Interests, Standard Form 328, required in DEAR 952.204-73
> prior to award of a subcontract. Information to be provided by a
> subcontractor pursuant to this clause may be submitted directly to the
> Contracting Officer. For purposes of this clause, subcontractor means
> any subcontractor at any tier and the term "Contracting Officer" means
> the DOE Contracting Officer. When this clause is included in a
> subcontract, the term "Contractor" shall mean Subcontractor and the
> term "contract" shall mean subcontract.
>
> \(5\) The Contracting Officer may terminate this contract for default
> either if the Contractor fails to meet obligations imposed by this
> clause or if the Contractor creates a FOCI situation in order to avoid
> performance or a termination for default. The Contracting Officer may
> terminate this contract for convenience if the Contractor becomes
> subject to FOCI and for reasons other than avoidance of performance of
> the contract, cannot, or chooses not to, avoid or mitigate the FOCI
> problem.

[]{#__RefHeading___Toc161106896 .anchor}**I.74 952.204-70
CLASSIFICATION/DECLASSIFICATION (SEP 1997)**

In the performance of work under this contract, the contractor or
subcontractor shall comply with all provisions of the Department of
Energy\'s regulations and mandatory DOE directives which apply to work
involving the classification and declassification of information,
documents, or material. In this section, \"information\" means facts,
data, or knowledge itself; \"document\" means the physical medium on or
in which information is recorded; and \"material\" means a product or
substance which contains or reveals information, regardless of its
physical form or characteristics. Classified information is \"Restricted
Data\" and \"Formerly Restricted Data\" (classified under the Atomic
Energy Act of 1954, as amended) and \"National Security Information\"
(classified under Executive Order 12958 or prior Executive Orders). The
original decision to classify or declassify information is considered an
inherently Governmental function. For this reason, only Government
personnel may serve as original classifiers, i.e., Federal Government
Original Classifiers. Other personnel (Government or contractor) may
serve as derivative classifiers which involves making classification
decisions based upon classification guidance which reflect decisions
made by Federal Government Original Classifiers.

The contractor or subcontractor shall ensure that any document or
material that may contain classified information is reviewed by either a
Federal Government or a Contractor Derivative Classifier in accordance
with classification regulations including mandatory DOE directives and
classification/declassification guidance furnished to the contractor by
the Department of Energy to determine whether it contains classified
information prior to dissemination. For information which is not
addressed in classification/declassification guidance, but whose
sensitivity appears to warrant classification, the contractor or
subcontractor shall ensure that such information is reviewed by a
Federal Government Original Classifier.

In addition, the contractor or subcontractor shall ensure that existing
classified documents (containing either Restricted Data or Formerly
Restricted Data or National Security Information) which are in its
possession or under its control are periodically reviewed by a Federal
Government or Contractor Derivative Declassifier in accordance with
classification regulations, mandatory DOE directives and
classification/declassification guidance furnished to the contractor by
the Department of Energy to determine if the documents are no longer
appropriately classified. Priorities for declassification review of
classified documents shall be based on the degree of public and
researcher interest and the likelihood of declassification upon review.
Documents which no longer contain classified information are to be
declassified. Declassified documents then shall be reviewed to determine
if they are publicly releasable. Documents which are declassified and
determined to be publicly releasable are to be made available to the
public in order to maximize the public\'s access to as much Government
information as possible while minimizing security costs.

The contractor or subcontractor shall insert this clause in any
subcontract which involves or may involve access to classified
information.

[]{#__RefHeading___Toc161106897 .anchor}**I.75 952.215-70 KEY PERSONNEL
(DEC 2000)**

> \(a\) The personnel listed below or elsewhere in this contract, if
> applicable, are considered essential to the work being performed under
> this contract. Before removing, replacing, or diverting any of the
> listed or specified personnel, the Contractor must: (1) Notify the
> Contracting Officer reasonably in advance; (2) submit justification
> (including proposed substitutions) in sufficient detail to permit
> evaluation of the impact on this contract; and (3) obtain the
> Contracting Officer\'s written approval. Notwithstanding the
> foregoing, if the Contractor deems immediate removal or suspension of
> any member of its management team is necessary to fulfill its
> obligation to maintain satisfactory standards of employee competency,
> conduct, and integrity under the clause at 48 CFR 970.5203-3,
> Contractor\'s Organization, the Contractor may remove or suspend such
> person at once, although the Contractor must notify Contracting
> Officer prior to or concurrently with such action.
>
> \(b\) The list of personnel may, with the consent of the contracting
> parties, be amended from time to time during the course of the
> contract to add or delete personnel.
>
> NAME TITLE
>
> Program Manager

[]{#__RefHeading___Toc161106898 .anchor}**I.76 952.223-75 PRESERVATION
OF INDIVIDUAL OCCUPATIONAL RADIATION EXPOSURE RECORDS (APR 1984)**

Individual occupational radiation exposure records generated in the
performance of work under this contract shall be subject to inspection
by DOE and shall be preserved by the contractor until disposal is
authorized by DOE or at the option of the contractor delivered to DOE
upon completion or termination of the contract. If the contractor
exercises the foregoing option, title to such records shall vest in DOE
upon delivery.

[]{#__RefHeading___Toc161106899 .anchor}**I.77 952.224-70 PAPERWORK
REDUCTION ACT (APR 1984)**

> \(a\) In the event that it subsequently becomes a contractual
> requirement to collect or record information calling either for answer
> to identical questions from 10 or more persons other than Federal
> employees, or information from Federal employees which is to be used
> for statistical compilations of general public interest, the Paperwork
> Reduction Act will apply to this contract. No plan, questionnaire,
> interview guide, or other similar device for collecting information
> (whether repetitive or single-time) may be used without first
> obtaining clearance from the Office of Management and Budget (OMB).
>
> \(b\) The contractor shall request the required OMB clearance from the
> contracting officer before expending any funds or making public
> contacts for the collection of data. The authority to expend funds and
> to proceed with the collection of data shall be in writing by the
> contracting officer. The contractor must plan at least 90 days for OMB
> clearance. Excessive delay caused by the Government which arises out
> of causes beyond the control and without the fault or negligence of
> the contractor will be considered in accordance with the clause
> entitled \"Excusable Delays,\" if such clause is applicable. If not,
> the period of performance may be extended pursuant to this clause if
> approved by the contracting officer.

[]{#__RefHeading___Toc161106900 .anchor}**I.78 952.226-74 DISPLACED
EMPLOYEE HIRING PREFERENCE (JUN 1997)**

> \(a\) Definition.
>
> Eligible employee means a current or former employee of a contractor
> or subcontractor employed at a Department of Energy Defense Nuclear
> Facility (1) whose position of employment has been, or will be,
> involuntarily terminated (except if terminated for cause), (2) who has
> also met the eligibility criteria contained in the Department of
> Energy guidance for contractor work force restructuring, as may be
> amended or supplemented from time to time, and (3) who is qualified
> for a particular job vacancy with the Department or one of its
> contractors with respect to work under its contract with the
> Department at the time the particular position is available.
>
> \(b\) Consistent with Department of Energy guidance for contractor
> work force restructuring, as may be amended or supplemented from time
> to time, the contractor agrees that it will provide a preference in
> hiring to an eligible employee to the extent practicable for work
> performed under this contract.
>
> \(c\) The requirements of this clause shall be included in
> subcontracts at any tier (except for subcontracts for commercial items
> pursuant to 41 U.S.C. 403) expected to exceed \$500,000.

[]{#__RefHeading___Toc161106901 .anchor}**I.79 952.227-11 PATENT
RIGHTS-RETENTION BY THE CONTRACTOR (SHORT FORM) (FEB 1995)**

> \(a\) Definitions.
>
> \(1\) \"Invention\" means any invention or discovery which is or may
> be patentable or otherwise protectable under title 35 of the United
> States Code, or any novel variety of plant which is or may be
> protected under the Plant Variety Protection Act (7 U.S.C. 2321, et
> seq.).
>
> \(2\) \"Made\" when used in relation to any invention means the
> conception of first actual reduction to practice of such invention.
>
> \(3\) \"Nonprofit organization\" means a university or other
> institution of higher education or an organization of the type
> described in section 501(c)(3) of the Internal Revenue Code of l954
> (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of
> the Internal Revenue Code (26 U.S.C. 501(a)) or any nonprofit
> scientific or educational organization qualified under a state
> nonprofit organization statute.
>
> \(4\) \"Practical application\" means to manufacture, in the case of a
> composition or product; to practice, in the case of a process or
> method; or to operate, in the case of a machine or system; and, in
> each case, under such conditions as to establish that the invention is
> being utilized and that is benefits are, to the extent permitted by
> law or Government regulations, available to the public on reasonable
> terms.
>
> \(5\) \"Small business firm\" means a small business concern as
> defined at section 2 of Pub. L. 85-536 (15 U.S.C. 632) and
> implementing regulations of the Administrator of the Small Business
> Administration. For the purpose of this clause, the size standards for
> small business concerns involved in Government procurement and
> subcontracting at 13 CFR 121.3-8 and 13 CFR 121.3-12, respectively,
> will be used.
>
> \(6\) \"Subject invention\" means any invention of the contractor
> conceived or first actually reduced to practice in the performance of
> work under this contract, provided that in the case of a variety of
> plant, the date of determination (as defined in section 41(d) of the
> Plant Variety Protection Act, 7 U.S.C. 2401(d)) must also occur during
> the period of contract performance.
>
> \(7\) \"Agency licensing regulations\" and \"agency regulations
> concerning the licensing of Government-owned inventions\" mean the
> Department of Energy patent licensing regulations at 10 CFR Part 781.
>
> \(b\) Allocation of principal rights. The Contractor may retain the
> entire right, title, and interest throughout the world to each subject
> invention subject to the provisions of this clause and 35 U.S.C. 203.
> With respect to any subject invention in which the Contractor retains
> title, the Federal Government shall have a nonexclusive,
> nontransferable, irrevocable, paid-up license to practice or have
> practiced for or on behalf of the United States the subject invention
> throughout the world.
>
> \(c\) Invention disclosure, election of title, and filing of patent
> application by Contractor.
>
> \(1\) The Contractor will disclose each subject invention to the
> Department of Energy (DOE) within 2 months after the inventor
> discloses it in writing to Contractor personnel responsible for patent
> matters. The disclosure to DOE shall be in the form of a written
> report and shall identify the contract under which the invention was
> made and the inventor(s). It shall be sufficiently complete in
> technical detail to convey a clear understanding to the extent known
> at the time of the disclosure, of the nature, purpose, operation, and
> the physical, chemical, biological or electrical characteristics of
> the invention. The disclosure shall also identify any publication, on
> sale or public use of the invention and whether a manuscript
> describing the invention has been submitted for publication and, if
> so, whether it has been accepted for publication at the time of
> disclosure. In addition, after disclosure to the DOE, the Contractor
> will promptly notify that agency of the acceptance of any manuscript
> describing the invention for publication or of any on sale or public
> use planned by the Contractor.
>
> \(2\) The Contractor will elect in writing whether or not to retain
> title to any such invention by notifying DOE within 2 years of
> disclosure to DOE. However, in any case where publication, on sale or
> public use has initiated the l-year statutory period wherein valid
> patent protection can still be obtained in the United States, the
> period for election of title may be shortened by DOE to a date that is
> no more than 60 days prior to the end of the statutory period.
>
> \(3\) The Contractor will file its initial patent application on a
> subject invention to which it elects to retain title within 1 year
> after election of title or, if earlier, prior to the end of any
> statutory period wherein valid patent protection can be obtained in
> the United States after a publication, on sale, or public use. The
> Contractor will file patent applications in additional countries or
> international patent offices within either 10 months of the
> corresponding initial patent application or 6 months from the date
> permission is granted by the Commissioner of Patents and Trademarks to
> file foreign patent applications where such filing has been prohibited
> by a Secrecy Order.
>
> \(4\) Requests for extension of the time for disclosure, election, and
> filing under subparagraphs (c)(l), (2), and (3) of this clause may, at
> the discretion of the agency, be granted.
>
> \(d\) Conditions when the Government may obtain title. The Contractor
> will convey to the Federal agency, upon written request, title to any
> subject invention -
>
> \(1\) If the Contractor fails to disclose or elect title to the
> subject invention within the times specified in paragraph (c) of this
> clause, or elects not to retain title; provided, that DOE may only
> request title within 60 days after learning of the failure of the
> Contractor to disclose or elect within the specified times.
>
> \(2\) In those countries in which the Contractor fails to file patent
> applications within the times specified in paragraph (c) of this
> clause; provided, however, that if the Contractor has filed a patent
> application in a country after the times specified in paragraph (c) of
> this clause, but prior to its receipt of the written request of the
> Federal agency, the Contractor shall continue to retain title in that
> country.
>
> \(3\) In any country in which the Contractor decides not to continue
> the prosecution of any application for, to pay the maintenance fees
> on, or defend in reexamination or opposition proceeding on, a patent
> on a subject invention.
>
> \(e\) Minimum rights to Contractor and protection of the Contractor
> right to file.
>
> \(1\) The Contractor will retain a nonexclusive royalty-free license
> throughout the world in each subject invention to which the Government
> obtains title, except if the Contractor fails to disclose the
> invention within the times specified in paragraph (c) of this clause.
> The Contractor\'s license extends to its domestic subsidiary and
> affiliates, if any, within the corporate structure of which the
> Contractor is a party and includes the right to grant sublicenses of
> the same scope to the extent the Contractor was legally obligated to
> do so at the time the contract was awarded. The license is
> transferable only with the approval of the Federal agency, except when
> transferred to the successor of that part of the Contractor\'s
> business to which the invention pertains.
>
> \(2\) The Contractor\'s domestic license may be revoked or modified by
> DOE to the extent necessary to achieve expeditious practical
> application of subject invention pursuant to an application for an
> exclusive license submitted in accordance with applicable provisions
> at 37 CFR Part 404 and agency licensing regulations. This license will
> not be revoked in that field of use or the geographical areas in which
> the Contractor has achieved practical application and continues to
> make the benefits of the invention reasonably accessible to the
> public. The license in any foreign country may be revoked or modified
> at the discretion of DOE to the extent the Contractor, its licensees,
> or the domestic subsidiaries or affiliates have failed to achieve
> practical application in that foreign country.
>
> \(3\) Before revocation or modification of the license, DOE will
> furnish the Contractor a written notice of its intention to revoke or
> modify the license, and the Contractor will be allowed 30 days (or
> such other time as may be authorized by DOE for good cause shown by
> the Contractor) after the notice to show cause why the license should
> not be revoked or modified. The Contractor has the right to appeal, in
> accordance with applicable regulations in 37 CFR Part 404 and agency
> regulations concerning the licensing of Government owned inventions,
> any decision concerning the revocation or modification of the license.
>
> \(f\) Contractor action to protect the Government\'s interest.
>
> \(1\) The Contractor agrees to execute or to have executed and
> promptly deliver to DOE all instruments necessary to
>
> \(i\) establish or confirm the rights the Government has throughout
> the world in those subject inventions to which the Contractor elects
> to retain title, and
>
> \(ii\) convey title to DOE when requested under paragraph (d) of this
> clause and to enable the government to obtain patent protection
> throughout the world in that subject invention.
>
> \(2\) The Contractor agrees to require, by written agreement, its
> employees, other than clerical and nontechnical employees, to disclose
> promptly in writing to personnel identified as responsible for the
> administration of patent matters and in a format suggested by the
> Contractor each subject invention made under contract in order that
> the Contractor can comply with the disclosure provisions of paragraph
> (c) of this clause, and to execute all papers necessary to file patent
> applications on subject inventions and to establish the Government\'s
> rights in the subject inventions. This disclosure format should
> require, as a minimum, the information required by subparagraph (c)(1)
> of this clause. The Contractor shall instruct such employees, through
> employee agreements or other suitable educational programs, on the
> importance of reporting inventions in sufficient time to permit the
> filing of patent applications prior to U.S. or foreign statutory bars.
>
> \(3\) The Contractor will notify DOE of any decision not to continue
> the prosecution of a patent application, pay maintenance fees, or
> defend in a reexamination or opposition proceeding on a patent, in any
> country, not less than 30 days before the expiration of the response
> period required by the relevant patent office.
>
> \(4\) The Contractor agrees to include, within the specification of
> any United States patent application and any patent issuing thereon
> covering a subject invention, the following statement, \"This
> invention was made with Government support under (identify the
> contract) awarded by the United States Department of Energy. The
> Government has certain rights in the invention.\"
>
> \(g\) Subcontracts.
>
> \(1\) The Contractor will include this clause, suitably modified to
> identify the parties, in all subcontracts, regardless of tier, for
> experimental, developmental, or research work to be performed by a
> small business firm or domestic nonprofit organization. The
> subcontractor will retain all rights provided for the Contractor in
> this clause, and the Contractor will not, as part of the consideration
> for awarding the subcontract, obtain rights in the subcontractor\'s
> subject inventions.
>
> \(2\) The contractor shall include in all other subcontracts,
> regardless of tier, for experimental, developmental, demonstration, or
> research work the patent rights clause at 952.227-13.
>
> \(3\) In the case of subcontracts, at any tier, DOE, subcontractor,
> and the Contractor agree that the mutual obligations of the parties
> created by this clause constitute a contract between the subcontractor
> and DOE with respect to the matters covered by the clause; provided,
> however, that nothing in this paragraph is intended to confer any
> jurisdiction under the Contract Disputes Act in connection with
> proceedings under paragraph (j) of this clause.
>
> \(h\) Reporting on utilization of subject inventions. The Contractor
> agrees to submit, on request, periodic reports no more frequently than
> annually on the utilization of a subject invention or on efforts at
> obtaining such utilization that are being made by the Contractor or
> its licensees or assignees. Such reports shall include information
> regarding the status of development, date of first commercial sale or
> use, gross royalties received, by the Contractor, and such other data
> and information as DOE may reasonably specify. The Contractor also
> agrees to provide additional reports as may be requested by DOE in
> connection with any march-in proceeding undertaken by that agency in
> accordance with paragraph (j) of this clause. As required by 35 U.S.C.
> 202(c)(5), DOE agrees it will not disclose such information to persons
> outside the Government without permission of the Contractor.
>
> \(i\) Preference for United States industry. Notwithstanding any other
> provision of this clause, the Contractor agrees that neither it nor
> any assignee will grant to any person the exclusive right to use or
> sell any subject invention in the United States unless such person
> agrees that any product embodying the subject invention or produced
> through the use of the subject invention will be manufactured
> substantially in the United States. However, in individual cases, the
> requirement for such an agreement may be waived by DOE upon a showing
> by the Contractor or its assignee that reasonable but unsuccessful
> efforts have been made to grant licenses on similar terms to potential
> licensees that would be likely to manufacture substantially in the
> United States or that under the circumstances domestic manufacture is
> not commercially feasible.
>
> \(j\) March-in rights. The Contractor agrees that, with respect to any
> subject invention in which it has acquired title, DOE has the right in
> accordance with the procedures in 37 CFR 401.6 and any supplemental
> regulations of the agency to require the Contractor, an assignee or
> exclusive licensee of a subject invention to grant a nonexclusive,
> partially exclusive, or exclusive license in any field of use to a
> responsible applicant or applicants, upon terms that are reasonable
> under the circumstances, and, if the Contractor, assignee, or
> exclusive licensee refuses such a request, DOE has the right to grant
> such a license itself if DOE determines that -
>
> \(1\) Such action is necessary because the Contractor or assignee has
> not taken, or is not expected to take within a reasonable time,
> effective steps to achieve practical application of the subject
> invention in such field of use;
>
> \(2\) Such action is necessary to alleviate health or safety needs
> which are not reasonably satisfied by the Contractor, assignee, or
> their licensees;
>
> \(3\) Such action is necessary to meet requirements for public use
> specified by Federal regulations and such requirements are not
> reasonably satisfied by the Contractor, assignee, or licensees; or
>
> \(4\) Such action is necessary because the agreement required by
> paragraph (i) of this clause has not been obtained or waived or
> because a licensee of the exclusive right to use or sell any subject
> invention in the United States is in breach of such agreement.
>
> \(k\) Special provisions for contracts with nonprofit organizations.
> If the Contractor is a nonprofit organization, it agrees that -
>
> \(1\) Rights to a subject invention in the United States may not be
> assigned without the approval of the Federal agency, except where such
> assignment is made to an organization which has as one of its primary
> functions the management of inventions; provided, that such assignee
> will be subject to the same provisions as the Contractor;
>
> \(2\) The Contractor will share royalties collected on a subject
> invention with the inventor, including Federal employee co-inventors
> (when DOE deems it appropriate) when the subject invention is assigned
> in accordance with 35 U.S.C. 202(e) and 37 CFR 401.10;
>
> \(3\) The balance of any royalties or income earned by the Contractor
> with respect to subject inventions, after payment of expenses
> (including payments to inventors) incidental to the administration of
> subject inventions will be utilized for the support of scientific
> research or education; and
>
> \(4\) It will make efforts that are reasonable under the circumstances
> to attract licensees of subject inventions that are small business
> firms, and that it will give a preference to a small business firm
> when licensing a subject invention if the Contractor determines that
> the small business firm has a plan or proposal for marketing the
> invention which, if executed, is equally as likely to bring the
> invention to practical application as any plans or proposals from
> applicants that are not small business firms; provided, that the
> Contractor is also satisfied that the small business firm has the
> capability and resources to carry out its plan or proposal. The
> decision whether to give a preference in any specific case will be at
> the discretion of the contractor. However, the Contractor agrees that
> the Secretary of Commerce may review the Contractor\'s licensing
> program and decisions regarding small business applicants, and the
> Contractor will negotiate changes to its licensing policies,
> procedures, or practices with the Secretary of Commerce when that
> Secretary\'s review discloses that the Contractor could take
> reasonable steps to more effectively implement the requirements of
> this subparagraph (k)(4).
>
> \(l\) Communications.
>
> \(1\) The contractor shall direct any notification, disclosure, or
> request to DOE provided for in this clause to the DOE patent counsel
> assisting the DOE contracting activity, with a copy of the
> communication to the Contracting Officer.
>
> \(2\) Each exercise of discretion or decision provided for in this
> clause, except subparagraph (k)(4), is reserved for the DOE Patent
> Counsel and is not a claim or dispute and is not subject to the
> Contract Disputes Act of 1978.
>
> \(3\) Upon request of the DOE Patent Counsel or the contracting
> officer, the contractor shall provide any or all of the following:
>
> \(i\) a copy of the patent application, filing date, serial number and
> title, patent number, and issue date for any subject invention in any
> country in which the contractor has applied for a patent;
>
> \(ii\) a report, not more often than annually, summarizing all subject
> inventions which were disclosed to DOE individually during the
> reporting period specified; or
>
> \(iii\) a report, prior to closeout of the contract, listing all
> subject inventions or stating that there were none.

[]{#__RefHeading___Toc161106902 .anchor}**I.80 952.242-70 TECHNICAL
DIRECTION (DEC 2000)**

> \(a\) Performance of the work under this contract shall be subject to
> the technical direction of the DOE Contracting Officer\'s
> Representative (COR). The term \"technical direction\" is defined to
> include, without limitation:
>
> \(1\) Providing direction to the contractor that redirects contract
> effort, shift work emphasis between work areas or tasks, require
> pursuit of certain lines of inquiry, fill in details, or otherwise
> serve to accomplish the contractual Statement of Work.
>
> \(2\) Providing written information to the contractor that assists in
> interpreting drawings, specifications, or technical portions of the
> work description.
>
> \(3\) Reviewing and, where required by the contract, approving,
> technical reports, drawings, specifications, and technical information
> to be delivered by the contractor to the Government.
>
> \(b\) The contractor will receive a copy of the written COR
> designation from the contracting officer. It will specify the extent
> of the COR\'s authority to act on behalf of the contracting officer.
>
> \(c\) Technical direction must be within the scope of work stated in
> the contract. The COR does not have the authority to, and may not,
> issue any technical direction that:
>
> \(1\) Constitutes an assignment of additional work outside the
> Statement of Work;
>
> \(2\) Constitutes a change as defined in the contract clause entitled
> \"Changes;\"
>
> \(3\) In any manner causes an increase or decrease in the total
> estimated contract cost, the fee (if any), or the time required for
> contract performance;
>
> \(4\) Changes any of the expressed terms, conditions or specifications
> of the contract; or
>
> \(5\) Interferes with the contractor\'s right to perform the terms and
> conditions of the contract.
>
> \(d\) All technical direction shall be issued in writing by the COR.
>
> \(e\) The contractor must proceed promptly with the performance of
> technical direction duly issued by the COR in the manner prescribed by
> this clause and within its authority under the provisions of this
> clause. If, in the opinion of the contractor, any instruction or
> direction by the COR falls within one of the categories defined in
> (c)(1) through (c)(5) of this clause, the contractor must not proceed
> and must notify the Contracting Officer in writing within five (5)
> working days after receipt of any such instruction or direction and
> must request the Contracting Officer to modify the contract
> accordingly. Upon receiving the notification from the contractor, the
> Contracting Officer must:
>
> \(1\) Advise the contractor in writing within thirty (30) days after
> receipt of the contractor\'s letter that the technical direction is
> within the scope of the contract effort and does not constitute a
> change under the Changes clause of the contract;
>
> \(2\) Advise the contractor in writing within a reasonable time that
> the Government will issue a written change order; or
>
> \(3\) Advise the contractor in writing within a reasonable time not to
> proceed with the instruction or direction of the COR.
>
> \(f\) A failure of the contractor and Contracting Officer either to
> agree that the technical direction is within the scope of the contract
> or to agree upon the contract action to be taken with respect to the
> technical direction will be subject to the provisions of the clause
> entitled \"Disputes.\"

[]{#__RefHeading___Toc161106903 .anchor}**I.81 952.251-70 CONTRACTOR
EMPLOYEE TRAVEL DISCOUNTS (DEC 2000)**

> \(a\) The contractor shall take advantage of travel discounts offered
> to Federal contractor employee travelers by AMTRAK, hotels, motels, or
> car rental companies, when use of such discounts would result in lower
> overall trip costs and the discounted services are reasonably
> available. Vendors providing these services may require the contractor
> employee to furnish them a letter of identification signed by the
> authorized contracting officer.
>
> \(b\) Contracted airlines. Contractors are not eligible for GSA
> contract city pair fares.
>
> \(c\) Discount rail service. AMTRAK voluntarily offers discounts to
> Federal travelers on official business and sometimes extends those
> discounts to Federal contractor employees.
>
> \(d\) Hotels/motels. Many lodging providers extend their discount
> rates for Federal employees to Federal contractor employees.
>
> \(e\) Car rentals. The Military Traffic Management Command (MTMC) of
> the Department of Defense negotiates rate agreements with car rental
> companies that are available to Federal travelers on official
> business. Some car rental companies extend those discounts to Federal
> contractor employees.
>
> \(f\) Obtaining travel discounts.
>
> \(1\) To determine which vendors offer discounts to Government
> contractors, the contractor may review commercial publications such as
> the Official Airline guides Official Traveler, Innovata, or National
> Telecommunications. The contractor may also obtain this information
> from GSA contract Travel Management Centers or the Department of
> Defense\'s Commercial Travel Offices.
>
> \(2\) The vendor providing the service may require the Government
> contractor to furnish a letter signed by the contracting officer. The
> following illustrates a standard letter of identification.

OFFICIAL AGENCY LETTERHEAD

TO: Participating Vendor

SUBJECT: OFFICIAL TRAVEL OF GOVERNMENT CONTRACTOR

(FULL NAME OF TRAVELER), the bearer of this letter is an employee of
(COMPANY NAME) which has a contract with this agency under Government
contract (CONTRACT NUMBER). During the period of the contract (GIVE
DATES), AND WITH THE APPROVAL OF THE CONTRACT VENDOR, the employee is
eligible and authorized to use available travel discount rates in
accordance with Government contracts and/or agreements. Government
Contract City Pair fares are not available to Contractors.

SIGNATURE, Title and telephone number of Contracting Officer

[]{#__RefHeading___Toc161106904 .anchor}**I.82 970.5223-4 WORKPLACE
SUBSTANCE ABUSE PROGRAMS AT DOE SITES (DEC 2000)**

> \(a\) Program Implementation. The contractor shall, consistent with 10
> CFR part 707, Workplace Substance Abuse Programs at DOE Sites,
> incorporated herein by reference with full force and effect, develop,
> implement, and maintain a workplace substance abuse program.
>
> \(b\) Remedies. In addition to any other remedies available to the
> Government, the contractor\'s failure to comply with the requirements
> of 10 CFR part 707 or to perform in a manner consistent with its
> approved program may render the contractor subject to: the suspension
> of contract payments, or, where applicable, a reduction in award fee;
> termination for default; and suspension or debarment.
>
> \(c\) Subcontracts. (1) The contractor agrees to notify the
> contracting officer reasonably in advance of, but not later than 30
> days prior to, the award of any subcontract the contractor believes
> may be subject to the requirements of 10 CFR part 707.
>
> \(2\) The DOE prime contractor shall require all subcontracts subject
> to the provisions of 10 CFR part 707 to agree to develop and implement
> a workplace substance abuse program that complies with the
> requirements of 10 CFR part 707, Workplace Substance Abuse Programs at
> DOE Sites, as a condition for award of the subcontract. The DOE prime
> contractor shall review and approve each subcontractor\'s program, and
> shall periodically monitor each subcontractor\'s implementation of the
> program for effectiveness and compliance with 10 CFR part 707.
>
> \(3\) The contractor agrees to include, and require the inclusion of,
> the requirements of this clause in all subcontracts, at any tier, that
> are subject to the provisions of 10 CFR part 707.

[]{#__RefHeading___Toc161106905 .anchor}**SECTION J - LIST OF
ATTACHMENTS**

[]{#__RefHeading___Toc161106906 .anchor}**J.1 ORO J01 LIST OF DOCUMENTS,
EXHIBITS, AND OTHER ATTACHMENTS (MAY 1997)**

[Attachment]{.underline} [Description]{.underline}

\[A\] Reporting Requirements

Exhibit 1 -- Vouchers/Invoices

Exhibit 2 -- Labor/Cost Management and Accrual Reporting

\[B\] Wage Determination for Oak Ridge, TN

\[C\] Wage Determination for Newport News, Virginia

\[D\] Wage Determination for Richland, Washington

\[E\] Listing of Government Furnished Property

\[F\] Quality Assurance Surveillance Plan

[]{#__RefHeading___Toc161106907 .anchor}**J.2 ORO J10 REPORT
DISTRIBUTION ADDRESSEE LIST (MAY 1997)**

A. U.S. Department of Energy

> Oak Ridge Office
>
> Procurement and Contracts Division
>
> ATTN: Contract Specialist (To Be Determined)

P.O. Box 2001

Oak Ridge, Tennessee 37831

Number of Copies: 1

B. U.S. Department of Energy

Oak Ridge Office

Information Resource Management Division

ATTN: Contracting Officer's Representative (To Be Determined)

P.O. Box 2001

Oak Ridge, Tennessee 37831

Number of Copies: 1

C. U.S. Department of Energy

Oak Ridge Office

Contractor Human Resource Group

ATTN: To Be Determined

P.O. Box 2001

Oak Ridge, Tennessee 37831

Number of Copies: 1

D. U.S. Department of Energy

Energy Finance & Accounting Service Center (EFASC)

E-mail: <costing@hq.doe.gov> and <fitchbe@oro.doe.gov>

Number of Copies: 1

E. U.S. Department of Energy

Oak Ridge Office

ATTN: Safety and Occupational Health Manager

P.O. Box 2001

Oak Ridge, Tennessee 37831-8751

Number of Copies: 1

**Reporting Requirements**

[Reporting Requirements]{.underline} [Frequency]{.underline}
[Distribution]{.underline}

Management, Labor, & Cost Plans 30 days after award A, B

(Requires COR approval) and annual updates

by March 31

(See NOTE Below)

Task Plans As Required A, B

Safety Management Plan 30 days after award and A, B

Quarterly thereafter

Quality Assurance Plan 30 days after award and A, B

Annually thereafter

Diversity Plan 30 days after award A, B, C

Vouchers/Invoices (SF 1034) Monthly through VIPERS

Summary Statement of Cost and Funding (see ORO G10)

Supporting Statement of Cost and Price

Labor/Cost Management and Accrual Report Monthly A, B, D

Other reports

Conference Record As Required B

System Utilization/Performance Weekly B

Milestone Schedule/Status Monthly B

Monthly Status Report Monthly A, B

Quarterly Review Quarterly B

Confidentiality Certifications Agreement 30 days after award A, B

(See ORO H65) and Yearly updates

Quarterly Employment Report 10 days after each B, C

calendar quarter

Payroll and Residence Report Annual by A, B, C

January 15

Customer Survey At Least Annually A, B

Other task reports As Required A, B

NOTE: All plans created under this contract will be updated as necessary
to maintain current, accurate, and complete information for the
successful completion of this contract.

MANAGEMENT, LABOR & COST PLANS (Submit 30 days after award and update
annually by March 31):

> MANAGEMENT
>
> The Management Plan describes the contractor's approach to performing
> the effort and producing the products identified in the contractual
> agreement, and the technical, schedule, cost, and financial management
> control systems to be used to manage that performance. It must be
> sufficiently comprehensive to describe the planned execution,
> management, and results of the work. The contractor may attach
> existing materials (e.g., company personnel management procedures), as
> appropriate. The plan should include:
>
> \(a\) A brief consolidated executive summary.
>
> \(b\) An overall description of planned accomplishments, including
> technical, schedule, cost and financial results, and how they
> interrelate.
>
> \(c\) A description of the management systems employed to control cost
> and schedule management, and an explanation of planning, budgeting,
> accounting, and analytical procedures and systems.
>
> \(d\) A brief background that demonstrates the offeror's understanding
> of the problems, both management and technical, associated with the
> performance work statement.
>
> \(e\) A description of the technical support systems and controls
> employed to enable and control the planned technical results,
> including systems engineering, configuration management, quality
> assurance, safety engineering, environmental engineering, data
> processing, and any other systems, as applicable.
>
> \(f\) A description of the administrative support systems and controls
> employed to facilitate execution of the contract. The description
> should include an overview of those systems that support general
> corporate efforts but which are not dedicated to specific project
> activities.
>
> LABOR
>
> The Labor Plan establishes the planned utilization of labor for the
> base term plus option periods and addresses the total labor to be
> utilized to perform the work. It itemizes labor requirements for prior
> fiscal years, the current year by month, and future fiscal years by
> task order until contract completion.
>
> COST
>
> The Cost Plan establishes the plan for accruing total costs for the
> life of the contractual agreement. The time-phased baseline plan
> establishes the basis for the measurement of actual cost accumulation
> and provides basic information for updating and forecasting budget
> requirements. The Cost Plan itemizes accrued costs for prior fiscal
> years, the current fiscal year by month, and future fiscal years by
> task order until completion of the contractual agreement.

TASK PLANS (as required) (See ORO H15)

> Task Plans are prepared for each task order written under the
> contract. The Task Plan describes the Contractor's approach to
> performing the work and producing the products identified in task
> orders. It must be sufficiently comprehensive to describe the planned
> execution, management, and results of the work. The plan should
> include:
>
> \(a\) An overall description of planned accomplishments, including
> technical, schedule, cost and financial results
>
> \(b\) A brief background that demonstrates the offeror's understanding
> of the problems, both management and technical, associated with the
> performance work statement
>
> \(c\) A description of the administration support systems and controls
> employed to facilitate execution of the task order.
>
> \(d\) A staffing plan to include the skill mix and level of personnel
> assigned to perform the work defined under the task order and plans to
> provide coverage during vacations.

SAFETY MANAGEMENT PLAN (once 30 days after award and updated quarterly)

> The Safety Management Plan documents the Contractor's procedures for
> handling any known safety issues. The Plan is routinely updated to
> address additional safety issues.

QUALITY ASSURANCE PLAN (submitted one month after award) (See ORO H55)

> The Quality Assurance Plan documents the Contractor's comprehensive
> program of inspections and monitoring actions used to fulfill the
> terms of the contract.

DIVERSITY PLAN (30 days after award)

VOUCHER/INVOICES (See Exhibit 1 to Attachment A)

LABOR/COST MANAGEMENT AND ACCRUAL REPORTING (See Exhibit 2 to Attachment
A)

CONFERENCE RECORD (as required)

> The Conference Record documents for the DOE Contracting Officer's
> Representative (COR), DOE Contracting Officer, and the Contractor, an
> understanding of significant dcisions, direction or redirection, or
> required actions resulting from meetings with DOE representatives. It
> is required for any meeting, conference, or phone conversation in
> which a decision is made that may change the schedule, labor, cost, or
> technical aspects of the contractual agreement or the approved
> baseline plans. The report shall contain the following information as
> applicable.
>
> \(a\) Report title (Conference Record), number and the date prepared
>
> \(b\) Contract title an number, and the Contractor's name and address
>
> \(c\) Date of meeting or telephone conversation, with a list of those
> involved and their titles
>
> \(d\) Subject(s) discussed, decisions reached, and directions given
>
> \(e\) Variances from previous directions and conclusions
>
> \(f\) Required actions
>
> \(g\) Distribution
>
> \(h\) Signature of preparer

SYSTEM UTILIZATION/PERFORMANCE (weekly)

> The System Utilization/Performance Report documents the activity on
> the network over the reporting period. The report should also
> summarize connectivity; email, server, firewall health issues and
> performance issues; and network intrusions. The report will describe
> problems resulting in network unavailability, what was done to correct
> the problems or suggestions for resolving the problems.

MILESTONE SCHEDULE/STATUS REPORT (monthly)

> The Milestone Schedule/Status Report is the Contractor Program
> Manager's concise narrative assessment of the status of the work being
> performed under the contractual agreement. The report highlights
> changes to objectives, changes to technical approach, task variances
> including causative factors and actions taken or proposed to resolve
> them, and factors with potential for causing significant variances in
> the future. Project progress may also be highlighted. The report
> identified open projects requiring action by DOE or the contractor as
> well a summary assessment of the current situation including a
> forecast of the near future and the expected impact on project
> accomplishment.

MONTHLY STATUS REPORT (monthly)

> The Status Report is a chronicle of activities continued, begun and/or
> completed during the reporting period by task order and by functional
> areas, i.e. Resources and Integrated Project Management, Information
> Engineering and Systems Development, End User and Related Support,
> Network Operations, Cyber Security Operations.

QUARTERLY REVIEW (Quarterly)

> The Quarterly Review provides a top-level summary of activities,
> accomplishments, failures, and lessons learned by task order and by
> functional areas, i.e. Resources and Integrated Project Management,
> Information Engineering and Systems Development, End User and Related
> Support, Network Operations, Cyber Security Operations for the
> reporting period. Most data are presented graphically. The report may
> be delivered as an oral presentation with hard copy handouts or as a
> formal written document.

QUARTERLY EMPLOYMENT REPORT (quarterly)

> The Quarterly Employment Report summarizes the number of employees,
> the county of residence, and the total payroll.

PAYROLL AND RESIDENCE REPORT (semi-annually)

> The Payroll and Residence Report summarizes the number of employees,
> the county of residence, and the total payroll.

VOUCHER/INVOICES

> \(a\) The voucher/invoice (Standard Form 1034) should include summary
> and supporting statements of cost, funding, and price for services
> rendered. These statements should include a breakout by task order
> number, Program Number (budget and reporting (B&R) code), Project
> (cost center Number code), and local project (activity data sheet -
> ADS) number, if applicable, of all services actually provided by the
> Contractor. The statements should also reflect amounts for the current
> billing period and cumulatively for the entire contract period to
> date. The statements of cost, funding, and price must include a
> certification statement signed by a responsible official of the
> Contractor.
>
> \(b\) The Contractor shall submit the Standard Form 1034 summary
> statement of cost and funding and voucher/invoice supporting
> statements of cost and price as prescribed by the reporting
> requirements.
>
> \(c\) Preparation of Standard Form 1034 PUBLIC VOUCHER FOR PURCHASES
> AND SERVICES OTHER THAN PERSONAL
>
> \(1\) Enter:
>
> U. S. Department of Energy
>
> Oak Ridge Office
>
> Oak Ridge Financial Service Center
>
> P. O. Box 6017
>
> Oak Ridge, Tennessee 37831
>
> \(2\) Enter a consecutive Contractor voucher/invoice number beginning
> with 001.
>
> \(3\) Enter the date the Contractor prepared the voucher/invoice.
>
> \(4\) Enter contract number DE-AC05-06OR23244 and contract award date.
>
> \(5\) Enter the Contractor's name and mailing address where payment is
> to be sent and name and telephone number of an appropriate contractor
> payments contact.
>
> \(6\) If a task order contract reference the Summary Statement of Cost
> and Funding and Supporting Statements of Cost and Price in (e) and (f)
> below.
>
> \(7\) Identify the billing period. For example, Covers the Period
> September 1, 2005 through October 31, 2006.
>
> \(8\) Provide an adequate description of the articles delivered or
> services rendered; or reference the Summary Statement of Cost and
> Funding and Supporting Statements of Cost and Price in (e) and (f)
> below.
>
> \(9\) Enter the dollar amount of this billing. The amount claimed must
> agree with the Summary Statement of Cost and Funding and Supporting
> Statements of Cost and Price in (e) and (f) below.
>
> \(10\) Enter the total dollar amount of this billing.
>
> \(d\) Preparation of the Summary Statement of Cost and Funding and
> Supporting Statements of Cost and Price (See the attached formats)

(1) The Contractor, making due allowances for the Contractor's cost
    accounting and project management systems, shall complete the
    Summary Statement of Cost and Funding and Supporting Statements of
    Cost and Price.

(2) The Contractor shall complete the Statement of Cost and Price for
    each task order assignment and a Summary Statement of Cost and
    Funding by task order assignments supporting the total invoiced
    cost.

(3) Costs claimed must be only those recorded costs authorized for
    billing by the payment provisions of the contract and supported by
    the Contractor's cost accounting system.

(4) A separate line item should be identified for claimed overtime cost
    by each task order assignment.

(5) All claimed subcontractor, teaming partner, and/or joint venture
    associate costs shall be segregated and supported by attaching
    copies of the subcontractor's, teaming partner's, and/or joint
    venture associate's invoice with the same detail as outlined herein.

(6) The DPLH incurred during the current billing period as well as the
    DPLH cumulative must be shown. The funds costed for the current
    billing period as well as for the cumulative contract period must be
    shown. The remaining balances of DPLH and available funding must be
    reflected.

(7) The certification on the statements of cost, funding, and price must
    be signed by a responsible official of the Contractor.

(8) The certification statement with appropriate identification and
    signature will be placed at the bottom of the Statements of cost,
    funding, and price and appear as follows:

> CERTIFICATION: I certify that this invoice is correct, was prepared
> in. The costs included herein have been incurred, represent payments
> made by the contractor except as otherwise authorized in the payments
> provisions of the contract, and properly reflect the work performed.
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Signature Title
>
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
>
> Name of Preparer Telephone Number
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> Company Address

(9) Additional supporting data for claimed costs shall be provided in
    such form and reasonable detail as an authorized representative of
    the Contracting Officer may require.

+-------+-------+-------+-------+-------+--------+-------+----------+
|       | Su    |       |       |       |        |       |          |
|       | mmary |       |       |       |        |       |          |
|       | Stat  |       |       |       |        |       |          |
|       | ement |       |       |       |        |       |          |
|       | of    |       |       |       |        |       |          |
|       | Cost  |       |       |       |        |       |          |
|       | and   |       |       |       |        |       |          |
|       | Fu    |       |       |       |        |       |          |
|       | nding |       |       |       |        |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+
|       | For   |       |       |       |        |       |          |
|       | the   |       |       |       |        |       |          |
|       | P     |       |       |       |        |       |          |
|       | eriod |       |       |       |        |       |          |
|       | MM/DD |       |       |       |        |       |          |
|       | /YYYY |       |       |       |        |       |          |
|       | th    |       |       |       |        |       |          |
|       | rough |       |       |       |        |       |          |
|       | MM/DD |       |       |       |        |       |          |
|       | /YYYY |       |       |       |        |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+
| Firm  |       |       |       |       | Co     |       |          |
| Name  |       |       |       |       | ntract |       |          |
|       |       |       |       |       | No.    |       |          |
|       |       |       |       |       | DE-AC0 |       |          |
|       |       |       |       |       | 5-06OR |       |          |
|       |       |       |       |       | 232444 |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+
| Firm  |       |       |       |       | Vou    |       |          |
| S     |       |       |       |       | cher/I |       |          |
| treet |       |       |       |       | nvoice |       |          |
| Ad    |       |       |       |       | No.    |       |          |
| dress |       |       |       |       | \_\_\_ |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+
| Firm, |       |       |       |       | T      |       |          |
| City, |       |       |       |       | hrough |       |          |
| S     |       |       |       |       | Modifi |       |          |
| tate, |       |       |       |       | cation |       |          |
| Zi    |       |       |       |       | \_\_\_ |       |          |
| pcode |       |       |       |       |        |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+
| Task  | Pr    | Pr    | Local | A     | Cumu   | A     | Funds    |
|       | ogram | oject | Pr    | mount | lative | mount | R        |
| Order |       |       | oject | This  | Total  | of    | emaining |
| \#    | (B&R  | (Cost |       | In    |        | Fu    |          |
|       |       | Ce    | (ADS) | voice |        | nding |          |
|       | Nu    | nter) |       |       |        |       |          |
|       | mber) | N     | N     |       |        |       |          |
|       |       | umber | umber |       |        |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+
|       |       |       |       | \$0   | \$0    | \$0   | \$0      |
+-------+-------+-------+-------+-------+--------+-------+----------+
|       |       |       |       | \$0   | \$0    | \$0   | \$0      |
+-------+-------+-------+-------+-------+--------+-------+----------+
| Sub   |       |       |       | \$0   | \$0    | \$0   | \$0      |
| total |       |       |       |       |        |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+
|       |       |       |       | \$0   | \$0    | \$0   | \$0      |
+-------+-------+-------+-------+-------+--------+-------+----------+
|       |       |       |       | \$0   | \$0    | \$0   | \$0      |
+-------+-------+-------+-------+-------+--------+-------+----------+
|       |       |       |       | \$0   | \$0    | \$0   | \$0      |
+-------+-------+-------+-------+-------+--------+-------+----------+
| Sub   |       |       |       | \$0   | \$0    | \$0   | \$0      |
| total |       |       |       |       |        |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+
|       |       |       |       | \$0   | \$0    | \$0   | \$0      |
+-------+-------+-------+-------+-------+--------+-------+----------+
|       |       |       |       | \$0   | \$0    | \$0   | \$0      |
+-------+-------+-------+-------+-------+--------+-------+----------+
|       |       |       |       | \$0   | \$0    | \$0   | \$0      |
+-------+-------+-------+-------+-------+--------+-------+----------+
| Sub   |       |       |       | \$0   | \$0    | \$0   | \$0      |
| total |       |       |       |       |        |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+
|       |       |       |       |       |        |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+
| Grand |       |       |       | \$0   | \$0    | \$0   | \$0      |
| T     |       |       |       |       |        |       |          |
| otals |       |       |       |       |        |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+
|       |       |       |       |       |        |       |          |
+-------+-------+-------+-------+-------+--------+-------+----------+

NOTE: THIS TYPE OF SUMMARY STATEMENT WILL BE REQUIRED CONTAINING MOST IF
NOT ALL OF THE INFORMATION ABOVE. SORTING THE INFORMATION BY TASK,
PROGRAM -- (B&R), PROJECT (COST CENTER) NUMBER, OR OTHER LOCAL PROJECT
FUNDING ELEMENT WILL BE REQUIRED.

CERTIFICATION: I certify that this invoice is correct, was prepared in
accordance with the terms of the contract, and is supported by the
Contractor\'s cost accounting system. The costs included herein have
been incurred, represent payments made by the contractor except as
otherwise authorized in the payments provisions of the contract, and
property reflect the work performed.

Signature: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Title: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of Preparer: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Telephone Number: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Company: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Address: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

+----------+---+------+----------+----------+------------+------------+
|          | V |      |          |          |            |            |
|          | o |      |          |          |            |            |
|          | u |      |          |          |            |            |
|          | c |      |          |          |            |            |
|          | h |      |          |          |            |            |
|          | e |      |          |          |            |            |
|          | r |      |          |          |            |            |
|          | / |      |          |          |            |            |
|          | I |      |          |          |            |            |
|          | n |      |          |          |            |            |
|          | v |      |          |          |            |            |
|          | o |      |          |          |            |            |
|          | i |      |          |          |            |            |
|          | c |      |          |          |            |            |
|          | e |      |          |          |            |            |
|          | S |      |          |          |            |            |
|          | u |      |          |          |            |            |
|          | p |      |          |          |            |            |
|          | p |      |          |          |            |            |
|          | o |      |          |          |            |            |
|          | r |      |          |          |            |            |
|          | t |      |          |          |            |            |
|          | i |      |          |          |            |            |
|          | n |      |          |          |            |            |
|          | g |      |          |          |            |            |
|          | S |      |          |          |            |            |
|          | t |      |          |          |            |            |
|          | a |      |          |          |            |            |
|          | t |      |          |          |            |            |
|          | e |      |          |          |            |            |
|          | m |      |          |          |            |            |
|          | e |      |          |          |            |            |
|          | n |      |          |          |            |            |
|          | t |      |          |          |            |            |
|          | o |      |          |          |            |            |
|          | f |      |          |          |            |            |
|          | C |      |          |          |            |            |
|          | o |      |          |          |            |            |
|          | s |      |          |          |            |            |
|          | t |      |          |          |            |            |
|          | a |      |          |          |            |            |
|          | n |      |          |          |            |            |
|          | d |      |          |          |            |            |
|          | P |      |          |          |            |            |
|          | r |      |          |          |            |            |
|          | i |      |          |          |            |            |
|          | c |      |          |          |            |            |
|          | e |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
|          | F |      |          |          |            |            |
|          | o |      |          |          |            |            |
|          | r |      |          |          |            |            |
|          | t |      |          |          |            |            |
|          | h |      |          |          |            |            |
|          | e |      |          |          |            |            |
|          | P |      |          |          |            |            |
|          | e |      |          |          |            |            |
|          | r |      |          |          |            |            |
|          | i |      |          |          |            |            |
|          | o |      |          |          |            |            |
|          | d |      |          |          |            |            |
|          | M |      |          |          |            |            |
|          | M |      |          |          |            |            |
|          | / |      |          |          |            |            |
|          | D |      |          |          |            |            |
|          | D |      |          |          |            |            |
|          | / |      |          |          |            |            |
|          | Y |      |          |          |            |            |
|          | Y |      |          |          |            |            |
|          | Y |      |          |          |            |            |
|          | Y |      |          |          |            |            |
|          | t |      |          |          |            |            |
|          | h |      |          |          |            |            |
|          | r |      |          |          |            |            |
|          | o |      |          |          |            |            |
|          | u |      |          |          |            |            |
|          | g |      |          |          |            |            |
|          | h |      |          |          |            |            |
|          | M |      |          |          |            |            |
|          | M |      |          |          |            |            |
|          | / |      |          |          |            |            |
|          | D |      |          |          |            |            |
|          | D |      |          |          |            |            |
|          | / |      |          |          |            |            |
|          | Y |      |          |          |            |            |
|          | Y |      |          |          |            |            |
|          | Y |      |          |          |            |            |
|          | Y |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
|          | T |      |          |          |            |            |
|          | a |      |          |          |            |            |
|          | s |      |          |          |            |            |
|          | k |      |          |          |            |            |
|          | O |      |          |          |            |            |
|          | r |      |          |          |            |            |
|          | d |      |          |          |            |            |
|          | e |      |          |          |            |            |
|          | r |      |          |          |            |            |
|          | N |      |          |          |            |            |
|          | u |      |          |          |            |            |
|          | m |      |          |          |            |            |
|          | b |      |          |          |            |            |
|          | e |      |          |          |            |            |
|          | r |      |          |          |            |            |
|          | : |      |          |          |            |            |
|          | \ |      |          |          |            |            |
|          | _ |      |          |          |            |            |
|          | \ |      |          |          |            |            |
|          | _ |      |          |          |            |            |
|          | \ |      |          |          |            |            |
|          | _ |      |          |          |            |            |
|          | \ |      |          |          |            |            |
|          | _ |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
|          |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| Firm     |   |      | Program  |          | Contract   |            |
| Name:    |   |      | (B&R)    |          | No.:       |            |
|          |   |      | Number:  |          |            |            |
|          |   |      | \_\_\_   |          | [          |            |
|          |   |      | \_\_\_\_ |          | DE-AC05-06 |            |
|          |   |      |          |          | OR23244]{. |            |
|          |   |      |          |          | underline} |            |
+----------+---+------+----------+----------+------------+------------+
| Firm     |   |      | Project  |          | Voucher    |            |
| Street   |   |      | (Cost    |          | No.:       |            |
| Address: |   |      | Center)  |          | \_\_       |            |
|          |   |      | Number:  |          | \_\_\_\_\_ |            |
|          |   |      | \_\_\_   |          |            |            |
|          |   |      | \_\_\_\_ |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| Firm     |   |      | Local    |          | Through    |            |
| City,    |   |      | Project  |          | Mod        |            |
| State,   |   |      | (ADS)    |          | ification: |            |
| Zipcode: |   |      | Number:  |          | \_\_\_\_\_ |            |
|          |   |      | \_\_\_   |          |            |            |
|          |   |      | \_\_\_\_ |          |            |            |
+----------+---+------+----------+----------+------------+------------+
|          |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| [CLAIMED |   | R    | DPLH     | \$       | CUMULATIVE | CUMULATIVE |
| LABOR    |   | ATE/ | THIS     | CLAIMED  | DPLH       | \$ THIS    |
| CATEG    |   |      | BILLING  | THIS     |            | BILL       |
| ORY]{.un |   | DPLH | PERIOD   | BILLING  |            |            |
| derline} |   |      |          | PERIOD   |            |            |
+----------+---+------+----------+----------+------------+------------+
| (List    |   | \$0  |          | \$0      |            | \$0        |
| Specific |   |      |          |          |            |            |
| Labor    |   |      |          |          |            |            |
| C        |   |      |          |          |            |            |
| ategory) |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| (List    |   | \$0  |          | \$0      |            | \$0        |
| Specific |   |      |          |          |            |            |
| Labor    |   |      |          |          |            |            |
| C        |   |      |          |          |            |            |
| ategory) |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| (List    |   | \$0  |          | \$0      |            | \$0        |
| Specific |   |      |          |          |            |            |
| Labor    |   |      |          |          |            |            |
| C        |   |      |          |          |            |            |
| ategory) |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
|          |   | Subt |          | \$0      |            | \$0        |
|          |   | otal |          |          |            |            |
|          |   | L    |          |          |            |            |
|          |   | abor |          |          |            |            |
|          |   | Cost |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| [OTHER   |   |      |          |          |            |            |
| DIRECT   |   |      |          |          |            |            |
| COSTS    |   |      |          |          |            |            |
| (O       |   |      |          |          |            |            |
| DC)]{.un |   |      |          |          |            |            |
| derline} |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| (List    |   |      |          | \$0      |            | \$0        |
| Details) |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| (List    |   |      |          | \$0      |            | \$0        |
| Details) |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
|          |   | Subt |          | \$0      |            | \$0        |
|          |   | otal |          |          |            |            |
|          |   | ODC  |          |          |            |            |
|          |   | Cost |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| [ODC     |   |      |          | \$0      |            | \$0        |
| Indirect |   |      |          |          |            |            |
| R        |   |      |          |          |            |            |
| ate]{.un |   |      |          |          |            |            |
| derline} |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
|          |   | T    |          | \$0      |            | \$0        |
|          |   | OTAL |          |          |            |            |
|          |   | INV  |          |          |            |            |
|          |   | OICE |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| AMOUNT   |   |      |          |          |            |            |
| PR       |   |      |          |          |            |            |
| EVIOUSLY |   |      |          |          |            |            |
| INVOICED |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| CURRENT  |   |      |          |          |            |            |
| AMOUNT   |   |      |          |          |            |            |
| CLAIMED  |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| AMOUNT   |   |      |          |          | DPLH       |            |
| AU       |   |      |          |          | SUMMARY    |            |
| THORIZED |   |      |          |          | [THIS      |            |
| FOR      |   |      |          |          | TASK:]{.   |            |
| [EXP     |   |      |          |          | underline} |            |
| ENTITURE |   |      |          |          |            |            |
| (O       |   |      |          |          |            |            |
| BLIGATIO |   |      |          |          |            |            |
| N):]{.un |   |      |          |          |            |            |
| derline} |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| BASIC    |   |      | \$0      |          | DPLH       |            |
| CONTRACT |   |      |          |          | AUTHORIZED |            |
+----------+---+------+----------+----------+------------+------------+
| ALL      |   |      | \$0      |          | DPLH       |            |
| MODI     |   |      |          |          | INCURRED   |            |
| FICATONS |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| CONTRACT |   |      | \$0      |          | DPLH       |            |
| TO DATE  |   |      |          |          | BALANCE    |            |
+----------+---+------+----------+----------+------------+------------+
| CERTIF   |   |      |          |          |            |            |
| ICATION: |   |      |          |          |            |            |
| I        |   |      |          |          |            |            |
| certify  |   |      |          |          |            |            |
| that     |   |      |          |          |            |            |
| this     |   |      |          |          |            |            |
| invoice  |   |      |          |          |            |            |
| is       |   |      |          |          |            |            |
| correct, |   |      |          |          |            |            |
| was      |   |      |          |          |            |            |
| prepared |   |      |          |          |            |            |
| in       |   |      |          |          |            |            |
| ac       |   |      |          |          |            |            |
| cordance |   |      |          |          |            |            |
| with the |   |      |          |          |            |            |
| terms of |   |      |          |          |            |            |
| the      |   |      |          |          |            |            |
| contract |   |      |          |          |            |            |
| and is   |   |      |          |          |            |            |
| s        |   |      |          |          |            |            |
| upported |   |      |          |          |            |            |
| by the   |   |      |          |          |            |            |
| Contr    |   |      |          |          |            |            |
| actor\'s |   |      |          |          |            |            |
| cost     |   |      |          |          |            |            |
| ac       |   |      |          |          |            |            |
| counting |   |      |          |          |            |            |
| system.  |   |      |          |          |            |            |
| The      |   |      |          |          |            |            |
| costs    |   |      |          |          |            |            |
| included |   |      |          |          |            |            |
| herein   |   |      |          |          |            |            |
| have     |   |      |          |          |            |            |
| been     |   |      |          |          |            |            |
| incurred |   |      |          |          |            |            |
| r        |   |      |          |          |            |            |
| epresent |   |      |          |          |            |            |
| payments |   |      |          |          |            |            |
| made by  |   |      |          |          |            |            |
| the      |   |      |          |          |            |            |
| co       |   |      |          |          |            |            |
| ntractor |   |      |          |          |            |            |
| except   |   |      |          |          |            |            |
| as       |   |      |          |          |            |            |
| o        |   |      |          |          |            |            |
| therwise |   |      |          |          |            |            |
| au       |   |      |          |          |            |            |
| thorized |   |      |          |          |            |            |
| in the   |   |      |          |          |            |            |
| payments |   |      |          |          |            |            |
| pr       |   |      |          |          |            |            |
| ovisions |   |      |          |          |            |            |
| and      |   |      |          |          |            |            |
| properly |   |      |          |          |            |            |
| reflect  |   |      |          |          |            |            |
| the work |   |      |          |          |            |            |
| pe       |   |      |          |          |            |            |
| rformed. |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| S        |   |      |          |          | Title      |            |
| ignature |   |      |          |          |            |            |
+----------+---+------+----------+----------+------------+------------+
| Name of  |   |      |          |          | Telephone  |            |
| Preparer |   |      |          |          | Number     |            |
+----------+---+------+----------+----------+------------+------------+
| Company  |   |      |          |          | Address    |            |
+----------+---+------+----------+----------+------------+------------+

> LABOR/COST MANAGEMENT AND ACCURAL REPORTING
>
> \(a\) Preparation of the Labor/Cost Management and Accrual Report (See
> the attached format)
>
> \(1\) The Contractor, making due allowances for the flexibility and
> integration between the Contractor's cost accounting and project
> management systems, shall complete the Labor/Cost Management and
> Accrual Report.
>
> \(2\) The Contractor shall complete the Labor/Cost Management and
> Accrual Reports by task order assignments and by budget and reporting
> code.
>
> \(3\) Actual direct productive labor hours (DPLH) shall be supported
> by the contractor's payroll and project management systems for current
> month, fiscal year, and contract cumulative totals.

(4) The contractor's cost accounting, accrual, and project management
    systems shall support actual cost for current month, fiscal year,
    contract cumulative and accrued totals.

(5) Additional integrated or segregated reporting of DPLH's and/or costs
    shall be provided in such form and reasonable detail as an
    authorized representative of the Contracting Officer may require.

    Labor/Cost Management and Accrual Report

> Contract Number DE-AC05-06OR23244
>
> Through Month, Day, Year

<table style="width:100%;">
<colgroup>
<col style="width: 6%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 6%" />
<col style="width: 6%" />
<col style="width: 8%" />
<col style="width: 7%" />
<col style="width: 7%" />
<col style="width: 8%" />
<col style="width: 10%" />
<col style="width: 8%" />
<col style="width: 7%" />
<col style="width: 6%" />
</colgroup>
<tbody>
<tr class="odd">
<td>A</td>
<td>B</td>
<td>C</td>
<td>D</td>
<td>E</td>
<td>F</td>
<td>G</td>
<td>H</td>
<td>I</td>
<td>J</td>
<td>K</td>
<td>L</td>
<td>M</td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td colspan="2"><p>ACTUAL LABOR</p>
<p>HOURS</p></td>
<td></td>
<td>ACTUAL COST</td>
<td></td>
<td></td>
<td></td>
<td>FUNDING</td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td><p>Task</p>
<p>No.</p></td>
<td><p>Program</p>
<p>(B&amp;R)</p>
<p>Number</p></td>
<td><p>Project</p>
<p>(Cost</p>
<p>Center)</p>
<p>Number</p></td>
<td><p>Current</p>
<p>Month</p>
<p>Totals</p></td>
<td><p>Fiscal</p>
<p>Year __</p>
<p>Totals</p></td>
<td><p>Contract</p>
<p>Cumulative</p>
<p>Totals</p></td>
<td><p>Current</p>
<p>Month</p>
<p>Totals</p></td>
<td><p>Fiscal</p>
<p>Year__</p>
<p>Totals</p></td>
<td><p>Contract</p>
<p>Cumulative</p>
<p>Totals</p></td>
<td><p>Total Cost</p>
<p>Accrued thru</p>
<p>Next Month</p></td>
<td><p>Contract</p>
<p>Totals</p></td>
<td><p>Net</p>
<p>Available</p>
<p>K-J</p></td>
<td><p>%</p>
<p>Spent</p>
<p>J/K</p></td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>0%</td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>0%</td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>0%</td>
</tr>
<tr class="odd">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>0%</td>
</tr>
<tr class="even">
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="3">GRAND TOTALS</td>
<td></td>
<td></td>
<td></td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>$0.00</td>
<td>0%</td>
</tr>
<tr class="even">
<td colspan="3"></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
<td></td>
</tr>
<tr class="odd">
<td colspan="13">NOTE: A minimum of two reports will be required
containing some or all of the information above.</td>
</tr>
<tr class="even">
<td colspan="13">The first to be sorted/subtotaled by task to include
columns A, B, C, D, E, F, G, H, K, L &amp; M.</td>
</tr>
<tr class="odd">
<td colspan="13">The second to be sorted/subtotaled by Program (B&amp;R)
Number to include columns B, C, G, I &amp; J.</td>
</tr>
</tbody>
</table>

94-2493 TN,KNOXVILLE

WAGE DETERMINATION NO: 94-2493 REV (23) AREA: TN,KNOXVILLE

HEALTH AND WELFARE LEVEL - INSURANCE ONLY \*\*OTHER WELFARE LEVEL
WD:94-2494

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

REGISTER OF WAGE DETERMINATIONS UNDER \| U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT \| EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor \| WAGE AND HOUR DIVISION

\| WASHINGTON D.C. 20210

\|

\|

\|

\| Wage Determination No.: 1994-2493

William W.Gross Division of \| Revision No.: 23

Director Wage Determinations\| Date Of Revision: 05/23/2006

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\|\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

State: Tennessee

Area: Tennessee Counties of Anderson, Blount, Campbell, Claiborne,
Cumberland,

Fentress, Grainger, Hamblen, Jefferson, Knox, Loudon, Monroe, Morgan,
Pickett,

Roane, Scott, Sevier, Union

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\*\*Fringe Benefits Required Follow the Occupational Listing\*\*

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

01000 - Administrative Support and Clerical Occupations

01011 - Accounting Clerk I 10.05

01012 - Accounting Clerk II 10.98

01013 - Accounting Clerk III 11.93

01014 - Accounting Clerk IV 13.34

01030 - Court Reporter 14.83

01050 - Dispatcher, Motor Vehicle 14.43

01060 - Document Preparation Clerk 11.52

01070 - Messenger (Courier) 9.04

01090 - Duplicating Machine Operator 11.52

01110 - Film/Tape Librarian 10.62

01115 - General Clerk I 8.20

01116 - General Clerk II 9.74

01117 - General Clerk III 11.85

01118 - General Clerk IV 13.29

01120 - Housing Referral Assistant 16.42

01131 - Key Entry Operator I 10.13

01132 - Key Entry Operator II 13.19

01191 - Order Clerk I 9.75

01192 - Order Clerk II 13.65

01261 - Personnel Assistant (Employment) I 9.51

01262 - Personnel Assistant (Employment) II 11.29

01263 - Personnel Assistant (Employment) III 13.73

01264 - Personnel Assistant (Employment) IV 15.42

01270 - Production Control Clerk 16.26

01290 - Rental Clerk 10.62

01300 - Scheduler, Maintenance 13.36

01311 - Secretary I 13.36

01312 - Secretary II 14.83

01313 - Secretary III 16.42

01314 - Secretary IV 18.28

01315 - Secretary V 20.22

01320 - Service Order Dispatcher 14.26

01341 - Stenographer I 12.74

01342 - Stenographer II 14.33

01400 - Supply Technician 18.28

01420 - Survey Worker (Interviewer) 12.40

01460 - Switchboard Operator-Receptionist 11.50

01510 - Test Examiner 14.61

01520 - Test Proctor 14.61

01531 - Travel Clerk I 10.76

01532 - Travel Clerk II 11.46

01533 - Travel Clerk III 12.33

01611 - Word Processor I 11.15

01612 - Word Processor II 12.38

01613 - Word Processor III 14.74

03000 - Automatic Data Processing Occupations

03010 - Computer Data Librarian 11.40

03041 - Computer Operator I 12.28

03042 - Computer Operator II 13.73

03043 - Computer Operator III 16.63

03044 - Computer Operator IV 17.95

03045 - Computer Operator V 19.87

03071 - Computer Programmer I (1) 18.73

03072 - Computer Programmer II (1) 23.22

03073 - Computer Programmer III (1) 25.01

03074 - Computer Programmer IV (1) 27.62

03101 - Computer Systems Analyst I (1) 25.84

03102 - Computer Systems Analyst II (1) 27.62

03103 - Computer Systems Analyst III (1) 27.62

03160 - Peripheral Equipment Operator 12.28

05000 - Automotive Service Occupations

05005 - Automotive Body Repairer, Fiberglass 17.56

05010 - Automotive Glass Installer 13.35

05040 - Automotive Worker 13.35

05070 - Electrician, Automotive 14.03

05100 - Mobile Equipment Servicer 11.97

05130 - Motor Equipment Metal Mechanic 14.69

05160 - Motor Equipment Metal Worker 13.35

05190 - Motor Vehicle Mechanic 14.48

05220 - Motor Vehicle Mechanic Helper 11.43

05250 - Motor Vehicle Upholstery Worker 12.66

05280 - Motor Vehicle Wrecker 13.35

05310 - Painter, Automotive 15.91

05340 - Radiator Repair Specialist 13.35

05370 - Tire Repairer 10.86

05400 - Transmission Repair Specialist 14.48

07000 - Food Preparation and Service Occupations

(not set) - Food Service Worker 8.38

07010 - Baker 10.96

07041 - Cook I 9.46

07042 - Cook II 10.55

07070 - Dishwasher 7.80

07130 - Meat Cutter 12.42

07250 - Waiter/Waitress 7.79

09000 - Furniture Maintenance and Repair Occupations

09010 - Electrostatic Spray Painter 15.48

09040 - Furniture Handler 10.90

09070 - Furniture Refinisher 15.48

09100 - Furniture Refinisher Helper 12.42

09110 - Furniture Repairer, Minor 13.93

09130 - Upholsterer 15.48

11030 - General Services and Support Occupations

11030 - Cleaner, Vehicles 8.43

11060 - Elevator Operator 8.70

11090 - Gardener 11.57

11121 - House Keeping Aid I 7.75

11122 - House Keeping Aid II 8.89

11150 - Janitor 10.15

11210 - Laborer, Grounds Maintenance 9.53

11240 - Maid or Houseman 7.75

11270 - Pest Controller 13.16

11300 - Refuse Collector 11.58

11330 - Tractor Operator 12.24

11360 - Window Cleaner 10.60

12000 - Health Occupations

12020 - Dental Assistant 12.02

12040 - Emergency Medical Technician (EMT)/Paramedic/Ambulance Driver
13.22

12071 - Licensed Practical Nurse I 11.67

12072 - Licensed Practical Nurse II 13.07

12073 - Licensed Practical Nurse III 14.64

12100 - Medical Assistant 11.33

12130 - Medical Laboratory Technician 12.23

12160 - Medical Record Clerk 9.77

12190 - Medical Record Technician 13.54

12221 - Nursing Assistant I 8.15

12222 - Nursing Assistant II 9.06

12223 - Nursing Assistant III 9.99

12224 - Nursing Assistant IV 11.22

12250 - Pharmacy Technician 12.19

12280 - Phlebotomist 11.36

12311 - Registered Nurse I 19.16

12312 - Registered Nurse II 23.46

12313 - Registered Nurse II, Specialist 23.46

12314 - Registered Nurse III 26.04

12315 - Registered Nurse III, Anesthetist 26.04

12316 - Registered Nurse IV 30.91

13000 - Information and Arts Occupations

13002 - Audiovisual Librarian 18.37

13011 - Exhibits Specialist I 15.73

13012 - Exhibits Specialist II 19.86

13013 - Exhibits Specialist III 25.22

13041 - Illustrator I 15.13

13042 - Illustrator II 19.86

13043 - Illustrator III 25.22

13047 - Librarian 20.94

13050 - Library Technician 10.78

13071 - Photographer I 11.91

13072 - Photographer II 15.73

13073 - Photographer III 19.86

13074 - Photographer IV 25.55

13075 - Photographer V 30.07

15000 - Laundry, Dry Cleaning, Pressing and Related Occupations

15010 - Assembler 7.75

15030 - Counter Attendant 7.75

15040 - Dry Cleaner 10.12

15070 - Finisher, Flatwork, Machine 7.75

15090 - Presser, Hand 7.75

15100 - Presser, Machine, Drycleaning 7.75

15130 - Presser, Machine, Shirts 7.75

15160 - Presser, Machine, Wearing Apparel, Laundry 7.75

15190 - Sewing Machine Operator 10.82

15220 - Tailor 11.52

15250 - Washer, Machine 8.57

19000 - Machine Tool Operation and Repair Occupations

19010 - Machine-Tool Operator (Toolroom) 15.31

19040 - Tool and Die Maker 18.29

21000 - Material Handling and Packing Occupations

21010 - Fuel Distribution System Operator 14.46

21020 - Material Coordinator 14.86

21030 - Material Expediter 14.86

21040 - Material Handling Laborer 11.28

21050 - Order Filler 10.28

21071 - Forklift Operator 12.52

21080 - Production Line Worker (Food Processing) 12.52

21100 - Shipping/Receiving Clerk 12.47

21130 - Shipping Packer 12.47

21140 - Store Worker I 10.08

21150 - Stock Clerk (Shelf Stocker; Store Worker II) 13.63

21210 - Tools and Parts Attendant 12.52

21400 - Warehouse Specialist 12.52

23000 - Mechanics and Maintenance and Repair Occupations

23010 - Aircraft Mechanic 20.28

23040 - Aircraft Mechanic Helper 15.20

23050 - Aircraft Quality Control Inspector 20.72

23060 - Aircraft Servicer 17.05

23070 - Aircraft Worker 18.03

23100 - Appliance Mechanic 15.48

23120 - Bicycle Repairer 12.77

23125 - Cable Splicer 17.84

23130 - Carpenter, Maintenance 15.48

23140 - Carpet Layer 14.73

23160 - Electrician, Maintenance 18.72

23181 - Electronics Technician, Maintenance I 16.95

23182 - Electronics Technician, Maintenance II 17.82

23183 - Electronics Technician, Maintenance III 18.65

23260 - Fabric Worker 15.32

23290 - Fire Alarm System Mechanic 16.22

23310 - Fire Extinguisher Repairer 13.56

23340 - Fuel Distribution System Mechanic 17.74

23370 - General Maintenance Worker 14.74

23400 - Heating, Refrigeration and Air Conditioning Mechanic 16.22

23430 - Heavy Equipment Mechanic 16.22

23440 - Heavy Equipment Operator 13.97

23460 - Instrument Mechanic 20.52

23470 - Laborer 10.73

23500 - Locksmith 15.48

23530 - Machinery Maintenance Mechanic 19.19

23550 - Machinist, Maintenance 17.86

23580 - Maintenance Trades Helper 12.42

23640 - Millwright 16.60

23700 - Office Appliance Repairer 15.48

23740 - Painter, Aircraft 18.16

23760 - Painter, Maintenance 15.48

23790 - Pipefitter, Maintenance 17.01

23800 - Plumber, Maintenance 16.23

23820 - Pneudraulic Systems Mechanic 16.22

23850 - Rigger 16.95

23870 - Scale Mechanic 14.74

23890 - Sheet-Metal Worker, Maintenance 16.22

23910 - Small Engine Mechanic 14.74

23930 - Telecommunication Mechanic I 17.91

23931 - Telecommunication Mechanic II 18.72

23950 - Telephone Lineman 17.91

23960 - Welder, Combination, Maintenance 16.22

23965 - Well Driller 16.22

23970 - Woodcraft Worker 16.22

23980 - Woodworker 13.22

24000 - Personal Needs Occupations

24570 - Child Care Attendant 8.66

24580 - Child Care Center Clerk 10.78

24600 - Chore Aid 8.51

24630 - Homemaker 13.40

25000 - Plant and System Operation Occupations

25010 - Boiler Tender 18.21

25040 - Sewage Plant Operator 17.52

25070 - Stationary Engineer 18.21

25190 - Ventilation Equipment Tender 12.61

25210 - Water Treatment Plant Operator 19.10

27000 - Protective Service Occupations

(not set) - Police Officer 16.22

27004 - Alarm Monitor 13.60

27006 - Corrections Officer 13.60

27010 - Court Security Officer 14.38

27040 - Detention Officer 13.60

27070 - Firefighter 13.29

27101 - Guard I 9.14

27102 - Guard II 11.51

28000 - Stevedoring/Longshoremen Occupations

28010 - Blocker and Bracer 14.40

28020 - Hatch Tender 14.40

28030 - Line Handler 14.40

28040 - Stevedore I 13.02

28050 - Stevedore II 14.44

29000 - Technical Occupations

21150 - Graphic Artist 17.05

29010 - Air Traffic Control Specialist, Center (2) 31.49

29011 - Air Traffic Control Specialist, Station (2) 21.71

29012 - Air Traffic Control Specialist, Terminal (2) 23.92

29023 - Archeological Technician I 15.55

29024 - Archeological Technician II 17.39

29025 - Archeological Technician III 21.52

29030 - Cartographic Technician 23.50

29035 - Computer Based Training (CBT) Specialist/ Instructor 25.84

29040 - Civil Engineering Technician 18.74

29061 - Drafter I 11.77

29062 - Drafter II 13.21

29063 - Drafter III 17.37

29064 - Drafter IV 21.52

29081 - Engineering Technician I 14.20

29082 - Engineering Technician II 15.93

29083 - Engineering Technician III 19.58

29084 - Engineering Technician IV 23.44

29085 - Engineering Technician V 25.44

29086 - Engineering Technician VI 30.80

29090 - Environmental Technician 18.02

29100 - Flight Simulator/Instructor (Pilot) 27.62

29160 - Instructor 20.80

29210 - Laboratory Technician 15.86

29240 - Mathematical Technician 16.20

29361 - Paralegal/Legal Assistant I 15.31

29362 - Paralegal/Legal Assistant II 17.03

29363 - Paralegal/Legal Assistant III 20.78

29364 - Paralegal/Legal Assistant IV 25.20

29390 - Photooptics Technician 18.85

29480 - Technical Writer 23.31

29491 - Unexploded Ordnance (UXO) Technician I 20.02

29492 - Unexploded Ordnance (UXO) Technician II 24.22

29493 - Unexploded Ordnance (UXO) Technician III 29.03

29494 - Unexploded (UXO) Safety Escort 20.02

29495 - Unexploded (UXO) Sweep Personnel 20.02

29620 - Weather Observer, Senior (3) 16.52

29621 - Weather Observer, Combined Upper Air and Surface Programs (3)
14.86

29622 - Weather Observer, Upper Air (3) 14.86

31000 - Transportation/ Mobile Equipment Operation Occupations

31030 - Bus Driver 12.73

31260 - Parking and Lot Attendant 7.86

31290 - Shuttle Bus Driver 13.62

31300 - Taxi Driver 8.96

31361 - Truckdriver, Light Truck 14.21

31362 - Truckdriver, Medium Truck 15.01

31363 - Truckdriver, Heavy Truck 16.24

31364 - Truckdriver, Tractor-Trailer 16.24

99000 - Miscellaneous Occupations

99020 - Animal Caretaker 9.21

99030 - Cashier 8.32

99041 - Carnival Equipment Operator 10.21

99042 - Carnival Equipment Repairer 10.88

99043 - Carnival Worker 8.11

99050 - Desk Clerk 9.16

99095 - Embalmer 20.53

99300 - Lifeguard 10.52

99310 - Mortician 23.06

99350 - Park Attendant (Aide) 13.21

99400 - Photofinishing Worker (Photo Lab Tech., Darkroom Tech) 10.04

99500 - Recreation Specialist 12.45

99510 - Recycling Worker 14.60

99610 - Sales Clerk 10.67

99620 - School Crossing Guard (Crosswalk Attendant) 9.81

99630 - Sport Official 10.52

99658 - Survey Party Chief (Chief of Party) 16.28

99659 - Surveying Technician (Instr. Person/Surveyor Asst./Instr.) 14.80

99660 - Surveying Aide 10.79

99690 - Swimming Pool Operator 13.39

99720 - Vending Machine Attendant 11.28

99730 - Vending Machine Repairer 13.39

99740 - Vending Machine Repairer Helper 11.28

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: \$3.01 per hour or \$120.40 per week or \$521.73 per
month

VACATION: 2 weeks paid vacation after 1 year of service with a
contractor or

successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of
service

includes the whole span of continuous service with the present
contractor or

successor, wherever employed, and with the predecessor contractors in
the

performance of similar work at the same Federal facility. (Reg. 29 CFR
4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year\'s Day,
Martin Luther

King Jr.\'s Birthday, Washington\'s Birthday, Memorial Day, Independence
Day,

Labor Day, Columbus Day, Veterans\' Day, Thanksgiving Day, and Christmas
Day. (A

contractor may substitute for any of the named holidays another day off
with pay in

accordance with a plan communicated to the employees involved.) (See 29
CFR 4.174)

THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING
BENEFITS (as

numbered):

1\) Does not apply to employees employed in a bona fide executive,
administrative,

or professional capacity as defined and delineated in 29 CFR 541. (See
CFR 4.156)

2\) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An
employee is

entitled to pay for all work performed between the hours of 6:00 P.M.
and 6:00 A.M.

at the rate of basic pay plus a night pay differential amounting to 10
percent of

the rate of basic pay.

3\) WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as
part of a

regular tour of duty, you will earn a night differential and receive an
additional

10% of basic pay for any hours worked between 6pm and 6am. If you are a
full-time

employed (40 hours a week) and Sunday is part of your regularly
scheduled workweek,

you are paid at your rate of basic pay plus a Sunday premium of 25% of
your basic

rate for each hour of Sunday work which is not overtime (i.e. occasional
work on

Sunday outside the normal tour of duty is considered overtime work).

HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to
employees

employed in a position that represents a high degree of hazard when
working with or

in close proximity to ordinance, explosives, and incendiary materials.
This

includes work such as screening, blending, dying, mixing, and pressing
of sensitive

ordance, explosives, and pyrotechnic compositions such as lead azide,
black powder

and photoflash powder. All dry-house activities involving propellants or

explosives. Demilitarization, modification, renovation, demolition, and
maintenance

operations on sensitive ordnance, explosives and incendiary materials.
All

operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a
position that

represents a low degree of hazard when working with, or in close
proximity to

ordance, (or employees possibly adjacent to) explosives and incendiary
materials

which involves potential injury such as laceration of hands, face, or
arms of the

employee engaged in the operation, irritation of the skin, minor burns
and the

like; minimal damage to immediate or adjacent work area or equipment
being used. All

operations involving, unloading, storage, and hauling of ordance,
explosive, and

incendiary ordnance material other than small arms ammunition. These
differentials

are only applicable to work that has been specifically designated by the
agency for

ordance, explosives, and incendiary material differential pay.

\*\* UNIFORM ALLOWANCE \*\*

If employees are required to wear uniforms in the performance of this
contract

(either by the terms of the Government contract, by the employer, by the
state or

local law, etc.), the cost of furnishing such uniforms and maintaining
(by

laundering or dry cleaning) such uniforms is an expense that may not be
borne by an

employee where such cost reduces the hourly rate below that required by
the wage

determination. The Department of Labor will accept payment in accordance
with the

following standards as compliance:

The contractor or subcontractor is required to furnish all employees
with an

adequate number of uniforms without cost or to reimburse employees for
the actual

cost of the uniforms. In addition, where uniform cleaning and
maintenance is made

the responsibility of the employee, all contractors and subcontractors
subject to

this wage determination shall (in the absence of a bona fide collective
bargaining

agreement providing for a different amount, or the furnishing of
contrary

affirmative proof as to the actual cost), reimburse all employees for
such cleaning

and maintenance at a rate of \$3.35 per week (or \$.67 cents per day).
However, in

those instances where the uniforms furnished are made of \"wash and
wear\"

materials, may be routinely washed and dried with other personal
garments, and do

not require any special treatment such as dry cleaning, daily washing,
or commercial

laundering in order to meet the cleanliness or appearance standards set
by the terms

of the Government contract, by the contractor, by law, or by the nature
of the work,

there is no requirement that employees be reimbursed for uniform
maintenance costs.

\*\* NOTES APPLYING TO THIS WAGE DETERMINATION \*\*

Under the policy and guidance contained in All Agency Memorandum No.
159, the Wage

and Hour Division does not recognize, for section 4(c) purposes,
prospective wage

rates and fringe benefit provisions that are effective only upon such
contingencies

as \"approval of Wage and Hour, issuance of a wage determination,
incorporation of

the wage determination in the contract, adjusting the contract price,
etc.\" (The

relevant CBA section) in the collective bargaining agreement between
(the parties)

contains contingency language that Wage and Hour does not recognize as
reflecting

\"arm\'s length negotiation\" under section 4(c) of the Act and 29
C.F.R. 5.11(a)

of the regulations. This wage determination therefore reflects the
actual CBA wage

rates and fringe benefits paid under the predecessor contract.

Source of Occupational Title and Descriptions:

The duties of employees under job titles listed are those described in
the

\"Service Contract Act Directory of Occupations,\" Fourth Edition,
January 1993, as

amended by the Third Supplement, dated March 1997, unless otherwise
indicated. This

publication may be obtained from the Superintendent of Documents, at
202-783-3238,

or by writing to the Superintendent of Documents, U.S. Government
Printing Office,

Washington, D.C. 20402. Copies of specific job descriptions may also be
obtained

from the appropriate contracting officer.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
{Standard Form

1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee
which is

not listed herein and which is to be employed under the contract (i.e.,
the work to

be performed is not performed by any classification listed in the wage

determination), be classified by the contractor so as to provide a
reasonable

relationship (i.e., appropriate level of skill comparison) between such
unlisted

classifications and the classifications listed in the wage
determination. Such

conformed classes of employees shall be paid the monetary wages and
furnished the

fringe benefits as are determined. Such conforming process shall be
initiated by

the contractor prior to the performance of contract work by such
unlisted class(es)

of employees. The conformed classification, wage rate, and/or fringe
benefits shall

be retroactive to the commencement date of the contract. {See Section
4.6 (C)(vi)}

When multiple wage determinations are included in a contract, a separate
SF 1444

should be prepared for each wage determination to which a class(es) is
to be

conformed.

The process for preparing a conformance request is as follows:

1\) When preparing the bid, the contractor identifies the need for a
conformed

occupation) and computes a proposed rate).

2\) After contract award, the contractor prepares a written report
listing in order

proposed classification title), a Federal grade equivalency (FGE) for
each

proposed classification), job description), and rationale for proposed
wage

rate), including information regarding the agreement or disagreement of
the

authorized representative of the employees involved, or where there is
no authorized

representative, the employees themselves. This report should be
submitted to the

contracting officer no later than 30 days after such unlisted class(es)
of employees

performs any contract work.

3\) The contracting officer reviews the proposed action and promptly
submits a report

of the action, together with the agency\'s recommendations and pertinent

information including the position of the contractor and the employees,
to the Wage

and Hour Division, Employment Standards Administration, U.S. Department
of Labor,

for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4\) Within 30 days of receipt, the Wage and Hour Division approves,
modifies, or

disapproves the action via transmittal to the agency contracting
officer, or

notifies the contracting officer that additional time will be required
to process the

request.

5\) The contracting officer transmits the Wage and Hour decision to the
contractor.

6\) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or
bond paper.

When preparing a conformance request, the \"Service Contract Act
Directory of

Occupations\" (the Directory) should be used to compare job definitions
to insure

that duties requested are not performed by a classification already
listed in the

wage determination. Remember, it is not the job title, but the required
tasks that

determine whether a class is included in an established wage
determination.

Conformances may not be used to artificially split, combine, or
subdivide

classifications listed in the wage determination.

94-2543 VA,NORFOLK

WAGE DETERMINATION NO: 94-2543 REV (39) AREA: VA,NORFOLK

HEALTH AND WELFARE LEVEL - INSURANCE ONLY \*\*OTHER WELFARE LEVEL
WD:94-2544

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

REGISTER OF WAGE DETERMINATIONS UNDER \| U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT \| EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor \| WAGE AND HOUR DIVISION

\| WASHINGTON D.C. 20210

\|

\|

\|

\| Wage Determination No.: 1994-2543

William W.Gross Division of \| Revision No.: 39

Director Wage Determinations\| Date Of Revision: 05/23/2006

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States: North Carolina, Virginia

Area: North Carolina Counties of Camden, Chowan, Currituck, Gates,
Pasquotank,

Perquimans

Virginia Counties of Chesapeake, Gloucester, Hampton, Isle of Wight,
James City,

Mathews, Newport News, Norfolk, Poquoson, Portsmouth, Southampton,
Suffolk, Surry,

Virginia Beach, Williamsburg, York

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\*\*Fringe Benefits Required Follow the Occupational Listing\*\*

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

01000 - Administrative Support and Clerical Occupations

01011 - Accounting Clerk I 9.22

01012 - Accounting Clerk II 11.04

01013 - Accounting Clerk III 13.48

01014 - Accounting Clerk IV 15.08

01030 - Court Reporter 14.23

01050 - Dispatcher, Motor Vehicle 13.13

01060 - Document Preparation Clerk 10.92

01070 - Messenger (Courier) 9.55

01090 - Duplicating Machine Operator 10.92

01110 - Film/Tape Librarian 10.56

01115 - General Clerk I 8.73

01116 - General Clerk II 10.75

01117 - General Clerk III 13.37

01118 - General Clerk IV 14.95

01120 - Housing Referral Assistant 19.00

01131 - Key Entry Operator I 10.04

01132 - Key Entry Operator II 12.64

01191 - Order Clerk I 13.46

01192 - Order Clerk II 17.61

01261 - Personnel Assistant (Employment) I 12.85

01262 - Personnel Assistant (Employment) II 14.85

01263 - Personnel Assistant (Employment) III 16.62

01264 - Personnel Assistant (Employment) IV 18.52

01270 - Production Control Clerk 19.83

01290 - Rental Clerk 12.49

01300 - Scheduler, Maintenance 14.30

01311 - Secretary I 14.59

01312 - Secretary II 16.65

01313 - Secretary III 19.00

01314 - Secretary IV 22.28

01315 - Secretary V 23.39

01320 - Service Order Dispatcher 13.13

01341 - Stenographer I 11.56

01342 - Stenographer II 14.19

01400 - Supply Technician 22.28

01420 - Survey Worker (Interviewer) 12.02

01460 - Switchboard Operator-Receptionist 10.43

01510 - Test Examiner 16.65

01520 - Test Proctor 16.65

01531 - Travel Clerk I 10.12

01532 - Travel Clerk II 10.81

01533 - Travel Clerk III 11.46

01611 - Word Processor I 11.95

01612 - Word Processor II 14.41

01613 - Word Processor III 15.07

03000 - Automatic Data Processing Occupations

03010 - Computer Data Librarian 11.39

03041 - Computer Operator I 13.35

03042 - Computer Operator II 15.42

03043 - Computer Operator III 17.47

03044 - Computer Operator IV 20.13

03045 - Computer Operator V 21.51

03071 - Computer Programmer I (1) 19.54

03072 - Computer Programmer II (1) 22.11

03073 - Computer Programmer III (1) 26.37

03074 - Computer Programmer IV (1) 27.62

03101 - Computer Systems Analyst I (1) 27.62

03102 - Computer Systems Analyst II (1) 27.62

03103 - Computer Systems Analyst III (1) 27.62

03160 - Peripheral Equipment Operator 13.35

05000 - Automotive Service Occupations

05005 - Automotive Body Repairer, Fiberglass 20.02

05010 - Automotive Glass Installer 16.60

05040 - Automotive Worker 16.60

05070 - Electrician, Automotive 17.38

05100 - Mobile Equipment Servicer 15.00

05130 - Motor Equipment Metal Mechanic 18.20

05160 - Motor Equipment Metal Worker 16.60

05190 - Motor Vehicle Mechanic 18.20

05220 - Motor Vehicle Mechanic Helper 14.15

05250 - Motor Vehicle Upholstery Worker 15.78

05280 - Motor Vehicle Wrecker 16.60

05310 - Painter, Automotive 17.38

05340 - Radiator Repair Specialist 15.78

05370 - Tire Repairer 13.37

05400 - Transmission Repair Specialist 18.20

07000 - Food Preparation and Service Occupations

(not set) - Food Service Worker 7.94

07010 - Baker 9.25

07041 - Cook I 8.46

07042 - Cook II 9.35

07070 - Dishwasher 7.85

07130 - Meat Cutter 13.46

07250 - Waiter/Waitress 7.56

09000 - Furniture Maintenance and Repair Occupations

09010 - Electrostatic Spray Painter 21.23

09040 - Furniture Handler 13.34

09070 - Furniture Refinisher 16.03

09100 - Furniture Refinisher Helper 13.05

09110 - Furniture Repairer, Minor 14.56

09130 - Upholsterer 16.03

11030 - General Services and Support Occupations

11030 - Cleaner, Vehicles 9.58

11060 - Elevator Operator 9.58

11090 - Gardener 10.19

11121 - House Keeping Aid I 7.59

11122 - House Keeping Aid II 9.73

11150 - Janitor 9.77

11210 - Laborer, Grounds Maintenance 9.52

11240 - Maid or Houseman 7.59

11270 - Pest Controller 12.79

11300 - Refuse Collector 12.12

11330 - Tractor Operator 10.36

11360 - Window Cleaner 10.36

12000 - Health Occupations

12020 - Dental Assistant 11.88

12040 - Emergency Medical Technician (EMT)/Paramedic/Ambulance Driver
13.79

12071 - Licensed Practical Nurse I 11.36

12072 - Licensed Practical Nurse II 12.75

12073 - Licensed Practical Nurse III 14.26

12100 - Medical Assistant 10.59

12130 - Medical Laboratory Technician 14.02

12160 - Medical Record Clerk 11.99

12190 - Medical Record Technician 13.15

12221 - Nursing Assistant I 7.77

12222 - Nursing Assistant II 8.74

12223 - Nursing Assistant III 9.54

12224 - Nursing Assistant IV 10.69

12250 - Pharmacy Technician 11.84

12280 - Phlebotomist 12.32

12311 - Registered Nurse I 19.72

12312 - Registered Nurse II 23.42

12313 - Registered Nurse II, Specialist 23.42

12314 - Registered Nurse III 28.34

12315 - Registered Nurse III, Anesthetist 28.34

12316 - Registered Nurse IV 33.96

13000 - Information and Arts Occupations

13002 - Audiovisual Librarian 15.65

13011 - Exhibits Specialist I 16.06

13012 - Exhibits Specialist II 19.51

13013 - Exhibits Specialist III 21.67

13041 - Illustrator I 19.05

13042 - Illustrator II 23.14

13043 - Illustrator III 25.69

13047 - Librarian 24.61

13050 - Library Technician 13.02

13071 - Photographer I 12.66

13072 - Photographer II 16.78

13073 - Photographer III 20.39

13074 - Photographer IV 22.64

13075 - Photographer V 27.40

15000 - Laundry, Dry Cleaning, Pressing and Related Occupations

15010 - Assembler 7.35

15030 - Counter Attendant 7.35

15040 - Dry Cleaner 9.39

15070 - Finisher, Flatwork, Machine 7.35

15090 - Presser, Hand 7.35

15100 - Presser, Machine, Drycleaning 7.35

15130 - Presser, Machine, Shirts 7.35

15160 - Presser, Machine, Wearing Apparel, Laundry 7.35

15190 - Sewing Machine Operator 10.06

15220 - Tailor 10.74

15250 - Washer, Machine 8.03

19000 - Machine Tool Operation and Repair Occupations

19010 - Machine-Tool Operator (Toolroom) 20.07

19040 - Tool and Die Maker 22.24

21000 - Material Handling and Packing Occupations

21010 - Fuel Distribution System Operator 15.62

21020 - Material Coordinator 19.83

21030 - Material Expediter 19.83

21040 - Material Handling Laborer 10.63

21050 - Order Filler 10.15

21071 - Forklift Operator 14.67

21080 - Production Line Worker (Food Processing) 14.67

21100 - Shipping/Receiving Clerk 12.25

21130 - Shipping Packer 12.25

21140 - Store Worker I 11.32

21150 - Stock Clerk (Shelf Stocker; Store Worker II) 14.14

21210 - Tools and Parts Attendant 14.93

21400 - Warehouse Specialist 14.67

23000 - Mechanics and Maintenance and Repair Occupations

23010 - Aircraft Mechanic 20.68

23040 - Aircraft Mechanic Helper 15.24

23050 - Aircraft Quality Control Inspector 21.60

23060 - Aircraft Servicer 16.99

23070 - Aircraft Worker 17.87

23100 - Appliance Mechanic 17.63

23120 - Bicycle Repairer 13.37

23125 - Cable Splicer 22.35

23130 - Carpenter, Maintenance 16.03

23140 - Carpet Layer 17.61

23160 - Electrician, Maintenance 20.86

23181 - Electronics Technician, Maintenance I 18.47

23182 - Electronics Technician, Maintenance II 18.89

23183 - Electronics Technician, Maintenance III 20.24

23260 - Fabric Worker 15.25

23290 - Fire Alarm System Mechanic 17.92

23310 - Fire Extinguisher Repairer 14.35

23340 - Fuel Distribution System Mechanic 18.95

23370 - General Maintenance Worker 15.31

23400 - Heating, Refrigeration and Air Conditioning Mechanic 16.79

23430 - Heavy Equipment Mechanic 16.79

23440 - Heavy Equipment Operator 16.79

23460 - Instrument Mechanic 17.92

23470 - Laborer 10.02

23500 - Locksmith 18.17

23530 - Machinery Maintenance Mechanic 18.43

23550 - Machinist, Maintenance 16.79

23580 - Maintenance Trades Helper 13.05

23640 - Millwright 22.64

23700 - Office Appliance Repairer 17.05

23740 - Painter, Aircraft 18.24

23760 - Painter, Maintenance 16.03

23790 - Pipefitter, Maintenance 18.73

23800 - Plumber, Maintenance 17.88

23820 - Pneudraulic Systems Mechanic 17.92

23850 - Rigger 17.51

23870 - Scale Mechanic 16.13

23890 - Sheet-Metal Worker, Maintenance 16.79

23910 - Small Engine Mechanic 15.31

23930 - Telecommunication Mechanic I 18.47

23931 - Telecommunication Mechanic II 22.18

23950 - Telephone Lineman 18.47

23960 - Welder, Combination, Maintenance 17.08

23965 - Well Driller 16.79

23970 - Woodcraft Worker 17.92

23980 - Woodworker 13.84

24000 - Personal Needs Occupations

24570 - Child Care Attendant 7.32

24580 - Child Care Center Clerk 11.32

24600 - Chore Aid 6.93

24630 - Homemaker 10.88

25000 - Plant and System Operation Occupations

25010 - Boiler Tender 17.90

25040 - Sewage Plant Operator 17.81

25070 - Stationary Engineer 17.90

25190 - Ventilation Equipment Tender 14.36

25210 - Water Treatment Plant Operator 17.81

27000 - Protective Service Occupations

(not set) - Police Officer 19.22

27004 - Alarm Monitor 13.15

27006 - Corrections Officer 13.78

27010 - Court Security Officer 15.80

27040 - Detention Officer 13.78

27070 - Firefighter 14.27

27101 - Guard I 9.61

27102 - Guard II 11.50

28000 - Stevedoring/Longshoremen Occupations

28010 - Blocker and Bracer 16.13

28020 - Hatch Tender 16.13

28030 - Line Handler 16.13

28040 - Stevedore I 16.59

28050 - Stevedore II 18.22

29000 - Technical Occupations

21150 - Graphic Artist 18.24

29010 - Air Traffic Control Specialist, Center (2) 31.49

29011 - Air Traffic Control Specialist, Station (2) 21.72

29012 - Air Traffic Control Specialist, Terminal (2) 23.92

29023 - Archeological Technician I 14.11

29024 - Archeological Technician II 16.21

29025 - Archeological Technician III 20.02

29030 - Cartographic Technician 21.83

29035 - Computer Based Training (CBT) Specialist/ Instructor 29.49

29040 - Civil Engineering Technician 18.89

29061 - Drafter I 12.70

29062 - Drafter II 14.29

29063 - Drafter III 17.96

29064 - Drafter IV 21.83

29081 - Engineering Technician I 15.58

29082 - Engineering Technician II 16.67

29083 - Engineering Technician III 20.54

29084 - Engineering Technician IV 24.87

29085 - Engineering Technician V 29.05

29086 - Engineering Technician VI 35.89

29090 - Environmental Technician 16.43

29100 - Flight Simulator/Instructor (Pilot) 29.83

29160 - Instructor 22.57

29210 - Laboratory Technician 16.35

29240 - Mathematical Technician 21.83

29361 - Paralegal/Legal Assistant I 13.95

29362 - Paralegal/Legal Assistant II 16.94

29363 - Paralegal/Legal Assistant III 20.73

29364 - Paralegal/Legal Assistant IV 25.07

29390 - Photooptics Technician 21.83

29480 - Technical Writer 23.34

29491 - Unexploded Ordnance (UXO) Technician I 20.02

29492 - Unexploded Ordnance (UXO) Technician II 24.22

29493 - Unexploded Ordnance (UXO) Technician III 29.03

29494 - Unexploded (UXO) Safety Escort 20.02

29495 - Unexploded (UXO) Sweep Personnel 20.02

29620 - Weather Observer, Senior (3) 18.44

29621 - Weather Observer, Combined Upper Air and Surface Programs (3)
17.04

29622 - Weather Observer, Upper Air (3) 17.04

31000 - Transportation/ Mobile Equipment Operation Occupations

31030 - Bus Driver 11.91

31260 - Parking and Lot Attendant 7.72

31290 - Shuttle Bus Driver 11.13

31300 - Taxi Driver 10.29

31361 - Truckdriver, Light Truck 11.13

31362 - Truckdriver, Medium Truck 12.19

31363 - Truckdriver, Heavy Truck 14.67

31364 - Truckdriver, Tractor-Trailer 14.67

99000 - Miscellaneous Occupations

99020 - Animal Caretaker 8.25

99030 - Cashier 8.05

99041 - Carnival Equipment Operator 10.29

99042 - Carnival Equipment Repairer 10.80

99043 - Carnival Worker 7.33

99050 - Desk Clerk 8.48

99095 - Embalmer 18.35

99300 - Lifeguard 10.52

99310 - Mortician 25.42

99350 - Park Attendant (Aide) 13.21

99400 - Photofinishing Worker (Photo Lab Tech., Darkroom Tech) 9.51

99500 - Recreation Specialist 14.85

99510 - Recycling Worker 14.85

99610 - Sales Clerk 9.98

99620 - School Crossing Guard (Crosswalk Attendant) 9.62

99630 - Sport Official 9.34

99658 - Survey Party Chief (Chief of Party) 16.54

99659 - Surveying Technician (Instr. Person/Surveyor Asst./Instr.) 15.04

99660 - Surveying Aide 10.33

99690 - Swimming Pool Operator 12.86

99720 - Vending Machine Attendant 12.62

99730 - Vending Machine Repairer 14.78

99740 - Vending Machine Repairer Helper 12.62

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ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: \$3.01 per hour or \$120.40 per week or \$521.73 per
month

VACATION: 2 weeks paid vacation after 1 year of service with a
contractor or

successor; 3 weeks after 8 years, and 4 weeks after 15 years. Length of
service

includes the whole span of continuous service with the present
contractor or

successor, wherever employed, and with the predecessor contractors in
the

performance of similar work at the same Federal facility. (Reg. 29 CFR
4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year\'s Day,
Martin Luther

King Jr.\'s Birthday, Washington\'s Birthday, Memorial Day, Independence
Day,

Labor Day, Columbus Day, Veterans\' Day, Thanksgiving Day, and Christmas
Day. (A

contractor may substitute for any of the named holidays another day off
with pay in

accordance with a plan communicated to the employees involved.) (See 29
CFR 4.174)

THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING
BENEFITS (as

numbered):

1\) Does not apply to employees employed in a bona fide executive,
administrative,

or professional capacity as defined and delineated in 29 CFR 541. (See
CFR 4.156)

2\) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An
employee is

entitled to pay for all work performed between the hours of 6:00 P.M.
and 6:00 A.M.

at the rate of basic pay plus a night pay differential amounting to 10
percent of

the rate of basic pay.

3\) WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as
part of a

regular tour of duty, you will earn a night differential and receive an
additional

10% of basic pay for any hours worked between 6pm and 6am. If you are a
full-time

employed (40 hours a week) and Sunday is part of your regularly
scheduled workweek,

you are paid at your rate of basic pay plus a Sunday premium of 25% of
your basic

rate for each hour of Sunday work which is not overtime (i.e. occasional
work on

Sunday outside the normal tour of duty is considered overtime work).

HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to
employees

employed in a position that represents a high degree of hazard when
working with or

in close proximity to ordinance, explosives, and incendiary materials.
This

includes work such as screening, blending, dying, mixing, and pressing
of sensitive

ordance, explosives, and pyrotechnic compositions such as lead azide,
black powder

and photoflash powder. All dry-house activities involving propellants or

explosives. Demilitarization, modification, renovation, demolition, and
maintenance

operations on sensitive ordnance, explosives and incendiary materials.
All

operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a
position that

represents a low degree of hazard when working with, or in close
proximity to

ordance, (or employees possibly adjacent to) explosives and incendiary
materials

which involves potential injury such as laceration of hands, face, or
arms of the

employee engaged in the operation, irritation of the skin, minor burns
and the

like; minimal damage to immediate or adjacent work area or equipment
being used. All

operations involving, unloading, storage, and hauling of ordance,
explosive, and

incendiary ordnance material other than small arms ammunition. These
differentials

are only applicable to work that has been specifically designated by the
agency for

ordance, explosives, and incendiary material differential pay.

\*\* UNIFORM ALLOWANCE \*\*

If employees are required to wear uniforms in the performance of this
contract

(either by the terms of the Government contract, by the employer, by the
state or

local law, etc.), the cost of furnishing such uniforms and maintaining
(by

laundering or dry cleaning) such uniforms is an expense that may not be
borne by an

employee where such cost reduces the hourly rate below that required by
the wage

determination. The Department of Labor will accept payment in accordance
with the

following standards as compliance:

The contractor or subcontractor is required to furnish all employees
with an

adequate number of uniforms without cost or to reimburse employees for
the actual

cost of the uniforms. In addition, where uniform cleaning and
maintenance is made

the responsibility of the employee, all contractors and subcontractors
subject to

this wage determination shall (in the absence of a bona fide collective
bargaining

agreement providing for a different amount, or the furnishing of
contrary

affirmative proof as to the actual cost), reimburse all employees for
such cleaning

and maintenance at a rate of \$3.35 per week (or \$.67 cents per day).
However, in

those instances where the uniforms furnished are made of \"wash and
wear\"

materials, may be routinely washed and dried with other personal
garments, and do

not require any special treatment such as dry cleaning, daily washing,
or commercial

laundering in order to meet the cleanliness or appearance standards set
by the terms

of the Government contract, by the contractor, by law, or by the nature
of the work,

there is no requirement that employees be reimbursed for uniform
maintenance costs.

\*\* NOTES APPLYING TO THIS WAGE DETERMINATION \*\*

Under the policy and guidance contained in All Agency Memorandum No.
159, the Wage

and Hour Division does not recognize, for section 4(c) purposes,
prospective wage

rates and fringe benefit provisions that are effective only upon such
contingencies

as \"approval of Wage and Hour, issuance of a wage determination,
incorporation of

the wage determination in the contract, adjusting the contract price,
etc.\" (The

relevant CBA section) in the collective bargaining agreement between
(the parties)

contains contingency language that Wage and Hour does not recognize as
reflecting

\"arm\'s length negotiation\" under section 4(c) of the Act and 29
C.F.R. 5.11(a)

of the regulations. This wage determination therefore reflects the
actual CBA wage

rates and fringe benefits paid under the predecessor contract.

Source of Occupational Title and Descriptions:

The duties of employees under job titles listed are those described in
the

\"Service Contract Act Directory of Occupations,\" Fourth Edition,
January 1993, as

amended by the Third Supplement, dated March 1997, unless otherwise
indicated. This

publication may be obtained from the Superintendent of Documents, at
202-783-3238,

or by writing to the Superintendent of Documents, U.S. Government
Printing Office,

Washington, D.C. 20402. Copies of specific job descriptions may also be
obtained

from the appropriate contracting officer.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
{Standard Form

1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee
which is

not listed herein and which is to be employed under the contract (i.e.,
the work to

be performed is not performed by any classification listed in the wage

determination), be classified by the contractor so as to provide a
reasonable

relationship (i.e., appropriate level of skill comparison) between such
unlisted

classifications and the classifications listed in the wage
determination. Such

conformed classes of employees shall be paid the monetary wages and
furnished the

fringe benefits as are determined. Such conforming process shall be
initiated by

the contractor prior to the performance of contract work by such
unlisted class(es)

of employees. The conformed classification, wage rate, and/or fringe
benefits shall

be retroactive to the commencement date of the contract. {See Section
4.6 (C)(vi)}

When multiple wage determinations are included in a contract, a separate
SF 1444

should be prepared for each wage determination to which a class(es) is
to be

conformed.

The process for preparing a conformance request is as follows:

1\) When preparing the bid, the contractor identifies the need for a
conformed

occupation) and computes a proposed rate).

2\) After contract award, the contractor prepares a written report
listing in order

proposed classification title), a Federal grade equivalency (FGE) for
each

proposed classification), job description), and rationale for proposed
wage

rate), including information regarding the agreement or disagreement of
the

authorized representative of the employees involved, or where there is
no authorized

representative, the employees themselves. This report should be
submitted to the

contracting officer no later than 30 days after such unlisted class(es)
of employees

performs any contract work.

3\) The contracting officer reviews the proposed action and promptly
submits a report

of the action, together with the agency\'s recommendations and pertinent

information including the position of the contractor and the employees,
to the Wage

and Hour Division, Employment Standards Administration, U.S. Department
of Labor,

for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4\) Within 30 days of receipt, the Wage and Hour Division approves,
modifies, or

disapproves the action via transmittal to the agency contracting
officer, or

notifies the contracting officer that additional time will be required
to process the

request.

5\) The contracting officer transmits the Wage and Hour decision to the
contractor.

6\) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or
bond paper.

When preparing a conformance request, the \"Service Contract Act
Directory of

Occupations\" (the Directory) should be used to compare job definitions
to insure

that duties requested are not performed by a classification already
listed in the

wage determination. Remember, it is not the job title, but the required
tasks that

determine whether a class is included in an established wage
determination.

Conformances may not be used to artificially split, combine, or
subdivide

classifications listed in the wage determination.

94-2569 WA,YAKIMA

WAGE DETERMINATION NO: 94-2569 REV (25) AREA: WA,YAKIMA

HEALTH AND WELFARE LEVEL - INSURANCE ONLY \*\*OTHER WELFARE LEVEL
WD:94-2570

\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*\*

REGISTER OF WAGE DETERMINATIONS UNDER \| U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT \| EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor \| WAGE AND HOUR DIVISION

\| WASHINGTON D.C. 20210

\|

\|

\|

\| Wage Determination No.: 1994-2569

William W.Gross Division of \| Revision No.: 25

Director Wage Determinations\| Date Of Revision: 05/23/2006

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States: Oregon, Washington

Area: Oregon Counties of Baker, Grant, Harney, Malheur, Morrow,
Umatilla, Union,

Wallowa, Wheeler

Washington Counties of Benton, Franklin, Walla Walla, Yakima

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\*\*Fringe Benefits Required Follow the Occupational Listing\*\*

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

01000 - Administrative Support and Clerical Occupations

01011 - Accounting Clerk I 10.69

01012 - Accounting Clerk II 11.99

01013 - Accounting Clerk III 13.67

01014 - Accounting Clerk IV 16.51

01030 - Court Reporter 16.45

01050 - Dispatcher, Motor Vehicle 16.34

01060 - Document Preparation Clerk 12.01

01070 - Messenger (Courier) 9.70

01090 - Duplicating Machine Operator 12.01

01110 - Film/Tape Librarian 13.35

01115 - General Clerk I 10.01

01116 - General Clerk II 11.26

01117 - General Clerk III 12.29

01118 - General Clerk IV 13.79

01120 - Housing Referral Assistant 18.66

01131 - Key Entry Operator I 11.26

01132 - Key Entry Operator II 12.29

01191 - Order Clerk I 11.26

01192 - Order Clerk II 12.29

01261 - Personnel Assistant (Employment) I 12.17

01262 - Personnel Assistant (Employment) II 13.48

01263 - Personnel Assistant (Employment) III 15.28

01264 - Personnel Assistant (Employment) IV 17.11

01270 - Production Control Clerk 18.72

01290 - Rental Clerk 12.75

01300 - Scheduler, Maintenance 14.12

01311 - Secretary I 14.12

01312 - Secretary II 15.78

01313 - Secretary III 18.66

01314 - Secretary IV 20.92

01315 - Secretary V 23.14

01320 - Service Order Dispatcher 16.61

01341 - Stenographer I 13.21

01342 - Stenographer II 14.66

01400 - Supply Technician 20.92

01420 - Survey Worker (Interviewer) 13.81

01460 - Switchboard Operator-Receptionist 11.42

01510 - Test Examiner 15.78

01520 - Test Proctor 15.78

01531 - Travel Clerk I 12.20

01532 - Travel Clerk II 13.12

01533 - Travel Clerk III 14.03

01611 - Word Processor I 11.84

01612 - Word Processor II 13.29

01613 - Word Processor III 14.87

03000 - Automatic Data Processing Occupations

03010 - Computer Data Librarian 12.17

03041 - Computer Operator I 14.50

03042 - Computer Operator II 16.78

03043 - Computer Operator III 20.58

03044 - Computer Operator IV 23.79

03045 - Computer Operator V 25.52

03071 - Computer Programmer I (1) 17.97

03072 - Computer Programmer II (1) 23.03

03073 - Computer Programmer III (1) 27.62

03074 - Computer Programmer IV (1) 27.62

03101 - Computer Systems Analyst I (1) 26.40

03102 - Computer Systems Analyst II (1) 27.62

03103 - Computer Systems Analyst III (1) 27.62

03160 - Peripheral Equipment Operator 14.50

05000 - Automotive Service Occupations

05005 - Automotive Body Repairer, Fiberglass 18.71

05010 - Automotive Glass Installer 16.84

05040 - Automotive Worker 16.84

05070 - Electrician, Automotive 17.78

05100 - Mobile Equipment Servicer 14.95

05130 - Motor Equipment Metal Mechanic 18.71

05160 - Motor Equipment Metal Worker 16.84

05190 - Motor Vehicle Mechanic 18.71

05220 - Motor Vehicle Mechanic Helper 14.00

05250 - Motor Vehicle Upholstery Worker 15.88

05280 - Motor Vehicle Wrecker 16.84

05310 - Painter, Automotive 17.78

05340 - Radiator Repair Specialist 16.84

05370 - Tire Repairer 14.44

05400 - Transmission Repair Specialist 18.71

07000 - Food Preparation and Service Occupations

(not set) - Food Service Worker 9.89

07010 - Baker 15.66

07041 - Cook I 13.97

07042 - Cook II 15.66

07070 - Dishwasher 9.89

07130 - Meat Cutter 15.66

07250 - Waiter/Waitress 11.04

09000 - Furniture Maintenance and Repair Occupations

09010 - Electrostatic Spray Painter 17.78

09040 - Furniture Handler 11.71

09070 - Furniture Refinisher 17.78

09100 - Furniture Refinisher Helper 14.00

09110 - Furniture Repairer, Minor 15.88

09130 - Upholsterer 17.78

11030 - General Services and Support Occupations

11030 - Cleaner, Vehicles 10.30

11060 - Elevator Operator 10.88

11090 - Gardener 15.35

11121 - House Keeping Aid I 8.76

11122 - House Keeping Aid II 10.39

11150 - Janitor 11.97

11210 - Laborer, Grounds Maintenance 12.13

11240 - Maid or Houseman 9.22

11270 - Pest Controller 17.88

11300 - Refuse Collector 11.97

11330 - Tractor Operator 14.51

11360 - Window Cleaner 13.35

12000 - Health Occupations

12020 - Dental Assistant 15.03

12040 - Emergency Medical Technician (EMT)/Paramedic/Ambulance Driver
14.21

12071 - Licensed Practical Nurse I 13.43

12072 - Licensed Practical Nurse II 15.05

12073 - Licensed Practical Nurse III 16.85

12100 - Medical Assistant 13.05

12130 - Medical Laboratory Technician 14.05

12160 - Medical Record Clerk 12.74

12190 - Medical Record Technician 13.95

12221 - Nursing Assistant I 8.51

12222 - Nursing Assistant II 9.56

12223 - Nursing Assistant III 10.43

12224 - Nursing Assistant IV 11.70

12250 - Pharmacy Technician 14.10

12280 - Phlebotomist 13.01

12311 - Registered Nurse I 21.08

12312 - Registered Nurse II 25.81

12313 - Registered Nurse II, Specialist 25.81

12314 - Registered Nurse III 31.23

12315 - Registered Nurse III, Anesthetist 31.23

12316 - Registered Nurse IV 37.40

13000 - Information and Arts Occupations

13002 - Audiovisual Librarian 19.71

13011 - Exhibits Specialist I 16.31

13012 - Exhibits Specialist II 20.37

13013 - Exhibits Specialist III 22.58

13041 - Illustrator I 16.31

13042 - Illustrator II 20.37

13043 - Illustrator III 22.58

13047 - Librarian 24.50

13050 - Library Technician 14.95

13071 - Photographer I 15.80

13072 - Photographer II 17.86

13073 - Photographer III 22.21

13074 - Photographer IV 25.64

13075 - Photographer V 28.46

15000 - Laundry, Dry Cleaning, Pressing and Related Occupations

15010 - Assembler 8.96

15030 - Counter Attendant 8.96

15040 - Dry Cleaner 11.32

15070 - Finisher, Flatwork, Machine 8.96

15090 - Presser, Hand 8.96

15100 - Presser, Machine, Drycleaning 8.96

15130 - Presser, Machine, Shirts 8.96

15160 - Presser, Machine, Wearing Apparel, Laundry 8.96

15190 - Sewing Machine Operator 12.11

15220 - Tailor 12.90

15250 - Washer, Machine 9.75

19000 - Machine Tool Operation and Repair Occupations

19010 - Machine-Tool Operator (Toolroom) 19.85

19040 - Tool and Die Maker 24.06

21000 - Material Handling and Packing Occupations

21010 - Fuel Distribution System Operator 17.35

21020 - Material Coordinator 18.32

21030 - Material Expediter 18.32

21040 - Material Handling Laborer 10.66

21050 - Order Filler 11.41

21071 - Forklift Operator 12.44

21080 - Production Line Worker (Food Processing) 12.44

21100 - Shipping/Receiving Clerk 12.03

21130 - Shipping Packer 12.03

21140 - Store Worker I 10.09

21150 - Stock Clerk (Shelf Stocker; Store Worker II) 13.76

21210 - Tools and Parts Attendant 12.44

21400 - Warehouse Specialist 12.76

23000 - Mechanics and Maintenance and Repair Occupations

23010 - Aircraft Mechanic 20.53

23040 - Aircraft Mechanic Helper 15.40

23050 - Aircraft Quality Control Inspector 21.65

23060 - Aircraft Servicer 17.47

23070 - Aircraft Worker 18.52

23100 - Appliance Mechanic 19.56

23120 - Bicycle Repairer 14.44

23125 - Cable Splicer 22.64

23130 - Carpenter, Maintenance 20.56

23140 - Carpet Layer 18.52

23160 - Electrician, Maintenance 23.74

23181 - Electronics Technician, Maintenance I 18.43

23182 - Electronics Technician, Maintenance II 20.50

23183 - Electronics Technician, Maintenance III 21.69

23260 - Fabric Worker 17.64

23290 - Fire Alarm System Mechanic 21.69

23310 - Fire Extinguisher Repairer 16.27

23340 - Fuel Distribution System Mechanic 21.69

23370 - General Maintenance Worker 16.84

23400 - Heating, Refrigeration and Air Conditioning Mechanic 18.71

23430 - Heavy Equipment Mechanic 21.15

23440 - Heavy Equipment Operator 20.54

23460 - Instrument Mechanic 21.69

23470 - Laborer 10.66

23500 - Locksmith 17.78

23530 - Machinery Maintenance Mechanic 20.02

23550 - Machinist, Maintenance 19.95

23580 - Maintenance Trades Helper 14.00

23640 - Millwright 21.69

23700 - Office Appliance Repairer 20.29

23740 - Painter, Aircraft 20.29

23760 - Painter, Maintenance 17.78

23790 - Pipefitter, Maintenance 23.43

23800 - Plumber, Maintenance 22.26

23820 - Pneudraulic Systems Mechanic 21.69

23850 - Rigger 21.69

23870 - Scale Mechanic 18.99

23890 - Sheet-Metal Worker, Maintenance 22.64

23910 - Small Engine Mechanic 17.81

23930 - Telecommunication Mechanic I 21.86

23931 - Telecommunication Mechanic II 22.83

23950 - Telephone Lineman 21.69

23960 - Welder, Combination, Maintenance 18.71

23965 - Well Driller 21.69

23970 - Woodcraft Worker 21.69

23980 - Woodworker 16.27

24000 - Personal Needs Occupations

24570 - Child Care Attendant 9.13

24580 - Child Care Center Clerk 12.40

24600 - Chore Aid 10.51

24630 - Homemaker 13.13

25000 - Plant and System Operation Occupations

25010 - Boiler Tender 22.75

25040 - Sewage Plant Operator 21.39

25070 - Stationary Engineer 22.75

25190 - Ventilation Equipment Tender 18.71

25210 - Water Treatment Plant Operator 21.33

27000 - Protective Service Occupations

(not set) - Police Officer 25.74

27004 - Alarm Monitor 15.04

27006 - Corrections Officer 18.00

27010 - Court Security Officer 22.25

27040 - Detention Officer 18.00

27070 - Firefighter 21.26

27101 - Guard I 11.98

27102 - Guard II 15.04

28000 - Stevedoring/Longshoremen Occupations

28010 - Blocker and Bracer 18.99

28020 - Hatch Tender 18.99

28030 - Line Handler 18.99

28040 - Stevedore I 17.64

28050 - Stevedore II 20.34

29000 - Technical Occupations

21150 - Graphic Artist 19.54

29010 - Air Traffic Control Specialist, Center (2) 31.40

29011 - Air Traffic Control Specialist, Station (2) 21.71

29012 - Air Traffic Control Specialist, Terminal (2) 23.92

29023 - Archeological Technician I 14.36

29024 - Archeological Technician II 16.05

29025 - Archeological Technician III 19.89

29030 - Cartographic Technician 21.05

29035 - Computer Based Training (CBT) Specialist/ Instructor 27.19

29040 - Civil Engineering Technician 20.48

29061 - Drafter I 11.56

29062 - Drafter II 12.99

29063 - Drafter III 16.69

29064 - Drafter IV 19.89

29081 - Engineering Technician I 13.26

29082 - Engineering Technician II 14.88

29083 - Engineering Technician III 17.97

29084 - Engineering Technician IV 21.05

29085 - Engineering Technician V 26.52

29086 - Engineering Technician VI 35.66

29090 - Environmental Technician 19.95

29100 - Flight Simulator/Instructor (Pilot) 30.38

29160 - Instructor 21.09

29210 - Laboratory Technician 17.26

29240 - Mathematical Technician 20.14

29361 - Paralegal/Legal Assistant I 16.69

29362 - Paralegal/Legal Assistant II 19.89

29363 - Paralegal/Legal Assistant III 22.49

29364 - Paralegal/Legal Assistant IV 27.21

29390 - Photooptics Technician 20.14

29480 - Technical Writer 20.64

29491 - Unexploded Ordnance (UXO) Technician I 20.02

29492 - Unexploded Ordnance (UXO) Technician II 24.22

29493 - Unexploded Ordnance (UXO) Technician III 29.03

29494 - Unexploded (UXO) Safety Escort 20.02

29495 - Unexploded (UXO) Sweep Personnel 20.02

29620 - Weather Observer, Senior (3) 18.61

29621 - Weather Observer, Combined Upper Air and Surface Programs (3)
16.74

29622 - Weather Observer, Upper Air (3) 16.74

31000 - Transportation/ Mobile Equipment Operation Occupations

31030 - Bus Driver 14.13

31260 - Parking and Lot Attendant 10.18

31290 - Shuttle Bus Driver 12.63

31300 - Taxi Driver 11.88

31361 - Truckdriver, Light Truck 12.28

31362 - Truckdriver, Medium Truck 13.95

31363 - Truckdriver, Heavy Truck 16.89

31364 - Truckdriver, Tractor-Trailer 16.89

99000 - Miscellaneous Occupations

99020 - Animal Caretaker 12.19

99030 - Cashier 9.28

99041 - Carnival Equipment Operator 13.74

99042 - Carnival Equipment Repairer 14.68

99043 - Carnival Worker 10.29

99050 - Desk Clerk 9.13

99095 - Embalmer 20.02

99300 - Lifeguard 10.52

99310 - Mortician 20.02

99350 - Park Attendant (Aide) 13.21

99400 - Photofinishing Worker (Photo Lab Tech., Darkroom Tech) 10.52

99500 - Recreation Specialist 15.29

99510 - Recycling Worker 15.13

99610 - Sales Clerk 11.18

99620 - School Crossing Guard (Crosswalk Attendant) 11.54

99630 - Sport Official 10.52

99658 - Survey Party Chief (Chief of Party) 21.48

99659 - Surveying Technician (Instr. Person/Surveyor Asst./Instr.) 18.47

99660 - Surveying Aide 13.50

99690 - Swimming Pool Operator 19.25

99720 - Vending Machine Attendant 15.89

99730 - Vending Machine Repairer 19.25

99740 - Vending Machine Repairer Helper 15.89

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: \$3.01 per hour or \$120.40 per week or \$521.73 per
month

VACATION: 2 weeks paid vacation after 1 year of service with a
contractor or

successor; 3 weeks after 5 years, 4 weeks after 10 years, and 5 weeks
after 20

years. Length of service includes the whole span of continuous service
with the

present contractor or successor, wherever employed, and with the
predecessor

contractors in the performance of similar work at the same Federal
facility. (Reg.

29 CFR 4.173)

HOLIDAYS: A minimum of ten paid holidays per year: New Year\'s Day,
Martin Luther

King Jr.\'s Birthday, Washington\'s Birthday, Memorial Day, Independence
Day,

Labor Day, Columbus Day, Veterans\' Day, Thanksgiving Day, and Christmas
Day. (A

contractor may substitute for any of the named holidays another day off
with pay in

accordance with a plan communicated to the employees involved.) (See 29
CFR 4.174)

THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING
BENEFITS (as

numbered):

1\) Does not apply to employees employed in a bona fide executive,
administrative,

or professional capacity as defined and delineated in 29 CFR 541. (See
CFR 4.156)

2\) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An
employee is

entitled to pay for all work performed between the hours of 6:00 P.M.
and 6:00 A.M.

at the rate of basic pay plus a night pay differential amounting to 10
percent of

the rate of basic pay.

3\) WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as
part of a

regular tour of duty, you will earn a night differential and receive an
additional

10% of basic pay for any hours worked between 6pm and 6am. If you are a
full-time

employed (40 hours a week) and Sunday is part of your regularly
scheduled workweek,

you are paid at your rate of basic pay plus a Sunday premium of 25% of
your basic

rate for each hour of Sunday work which is not overtime (i.e. occasional
work on

Sunday outside the normal tour of duty is considered overtime work).

HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to
employees

employed in a position that represents a high degree of hazard when
working with or

in close proximity to ordinance, explosives, and incendiary materials.
This

includes work such as screening, blending, dying, mixing, and pressing
of sensitive

ordance, explosives, and pyrotechnic compositions such as lead azide,
black powder

and photoflash powder. All dry-house activities involving propellants or

explosives. Demilitarization, modification, renovation, demolition, and
maintenance

operations on sensitive ordnance, explosives and incendiary materials.
All

operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a
position that

represents a low degree of hazard when working with, or in close
proximity to

ordance, (or employees possibly adjacent to) explosives and incendiary
materials

which involves potential injury such as laceration of hands, face, or
arms of the

employee engaged in the operation, irritation of the skin, minor burns
and the

like; minimal damage to immediate or adjacent work area or equipment
being used. All

operations involving, unloading, storage, and hauling of ordance,
explosive, and

incendiary ordnance material other than small arms ammunition. These
differentials

are only applicable to work that has been specifically designated by the
agency for

ordance, explosives, and incendiary material differential pay.

\*\* UNIFORM ALLOWANCE \*\*

If employees are required to wear uniforms in the performance of this
contract

(either by the terms of the Government contract, by the employer, by the
state or

local law, etc.), the cost of furnishing such uniforms and maintaining
(by

laundering or dry cleaning) such uniforms is an expense that may not be
borne by an

employee where such cost reduces the hourly rate below that required by
the wage

determination. The Department of Labor will accept payment in accordance
with the

following standards as compliance:

The contractor or subcontractor is required to furnish all employees
with an

adequate number of uniforms without cost or to reimburse employees for
the actual

cost of the uniforms. In addition, where uniform cleaning and
maintenance is made

the responsibility of the employee, all contractors and subcontractors
subject to

this wage determination shall (in the absence of a bona fide collective
bargaining

agreement providing for a different amount, or the furnishing of
contrary

affirmative proof as to the actual cost), reimburse all employees for
such cleaning

and maintenance at a rate of \$3.35 per week (or \$.67 cents per day).
However, in

those instances where the uniforms furnished are made of \"wash and
wear\"

materials, may be routinely washed and dried with other personal
garments, and do

not require any special treatment such as dry cleaning, daily washing,
or commercial

laundering in order to meet the cleanliness or appearance standards set
by the terms

of the Government contract, by the contractor, by law, or by the nature
of the work,

there is no requirement that employees be reimbursed for uniform
maintenance costs.

\*\* NOTES APPLYING TO THIS WAGE DETERMINATION \*\*

Under the policy and guidance contained in All Agency Memorandum No.
159, the Wage

and Hour Division does not recognize, for section 4(c) purposes,
prospective wage

rates and fringe benefit provisions that are effective only upon such
contingencies

as \"approval of Wage and Hour, issuance of a wage determination,
incorporation of

the wage determination in the contract, adjusting the contract price,
etc.\" (The

relevant CBA section) in the collective bargaining agreement between
(the parties)

contains contingency language that Wage and Hour does not recognize as
reflecting

\"arm\'s length negotiation\" under section 4(c) of the Act and 29
C.F.R. 5.11(a)

of the regulations. This wage determination therefore reflects the
actual CBA wage

rates and fringe benefits paid under the predecessor contract.

Source of Occupational Title and Descriptions:

The duties of employees under job titles listed are those described in
the

\"Service Contract Act Directory of Occupations,\" Fourth Edition,
January 1993, as

amended by the Third Supplement, dated March 1997, unless otherwise
indicated. This

publication may be obtained from the Superintendent of Documents, at
202-783-3238,

or by writing to the Superintendent of Documents, U.S. Government
Printing Office,

Washington, D.C. 20402. Copies of specific job descriptions may also be
obtained

from the appropriate contracting officer.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
{Standard Form

1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee
which is

not listed herein and which is to be employed under the contract (i.e.,
the work to

be performed is not performed by any classification listed in the wage

determination), be classified by the contractor so as to provide a
reasonable

relationship (i.e., appropriate level of skill comparison) between such
unlisted

classifications and the classifications listed in the wage
determination. Such

conformed classes of employees shall be paid the monetary wages and
furnished the

fringe benefits as are determined. Such conforming process shall be
initiated by

the contractor prior to the performance of contract work by such
unlisted class(es)

of employees. The conformed classification, wage rate, and/or fringe
benefits shall

be retroactive to the commencement date of the contract. {See Section
4.6 (C)(vi)}

When multiple wage determinations are included in a contract, a separate
SF 1444

should be prepared for each wage determination to which a class(es) is
to be

conformed.

The process for preparing a conformance request is as follows:

1\) When preparing the bid, the contractor identifies the need for a
conformed

occupation) and computes a proposed rate).

2\) After contract award, the contractor prepares a written report
listing in order

proposed classification title), a Federal grade equivalency (FGE) for
each

proposed classification), job description), and rationale for proposed
wage

rate), including information regarding the agreement or disagreement of
the

authorized representative of the employees involved, or where there is
no authorized

representative, the employees themselves. This report should be
submitted to the

contracting officer no later than 30 days after such unlisted class(es)
of employees

performs any contract work.

3\) The contracting officer reviews the proposed action and promptly
submits a report

of the action, together with the agency\'s recommendations and pertinent

information including the position of the contractor and the employees,
to the Wage

and Hour Division, Employment Standards Administration, U.S. Department
of Labor,

for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).

4\) Within 30 days of receipt, the Wage and Hour Division approves,
modifies, or

disapproves the action via transmittal to the agency contracting
officer, or

notifies the contracting officer that additional time will be required
to process the

request.

5\) The contracting officer transmits the Wage and Hour decision to the
contractor.

6\) The contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or
bond paper.

When preparing a conformance request, the \"Service Contract Act
Directory of

Occupations\" (the Directory) should be used to compare job definitions
to insure

that duties requested are not performed by a classification already
listed in the

wage determination. Remember, it is not the job title, but the required
tasks that

determine whether a class is included in an established wage
determination.

Conformances may not be used to artificially split, combine, or
subdivide

classifications listed in the wage determination.

[LISTING OF GOVERNMENT FURNISHED PROPERTY]{.underline}

  ----------------------------------------------------- -----------------
  **Category**                                          **Quantity**

  CPU                                                   315

  Monitors                                              225

  Printers                                              115

  Scanners                                              60

  Laptops                                               78

  Servers                                               121

  Projectors                                            11

  Blackberry                                            6

  PDA                                                   27

  Routers                                               27

  Switch                                                49

  **TOTAL ITEMS**                                       **1034**
  ----------------------------------------------------- -----------------

**INFORMATION TECHNOLOGY SUPPORT SERVICES**

**QUALITY ASSURANCE SURVEILLANCE PLAN**

**I. [INTRODUCTION]{.underline}**

This Quality Assurance Surveillance Plan (QASP) has been designed to
evaluate Contractor actions while implementing the Performance Work
Statement (PWS) and adherence to performance measures, the Department of
Energy's (DOE's) Systems Engineering Methodology (SEM), and the Quality
Management System (QMS) submitted by the contractor and approved by DOE
at the contract's inception. The QASP is designed to provide an
effective surveillance method for monitoring and evaluating the
contractor's performance for each of the objectives.

The contractor, and not the Government, is responsible for management
and quality control actions to meet the terms of the contract. The role
of the Government is to carry out quality assurance surveillance actions
to ensure contract standards are achieved. In this contract, quality
control is the driver for product quality. The contractor is required to
develop a comprehensive program of inspections and mentoring actions.
The first major step to ensuring a "self-correcting" contract is to
ensure that the QMS approved at the beginning of the contract provides
the measures needed to lead the contractor to success. Careful
application of the QMS submitted by the contractor and approved by the
Government, along with the standards presented in the remainder of this
document, will ensure a successful quality assurance program.

The Contracting Officer's Representative (COR) performs surveillance
activities under direction of the Director of the Information Resources
Management Division (IRMD), with assistance from the Computer Management
Group (CMG).

**II. [OBJECTIVE OF THE QASP]{.underline}**

This plan provides a quality surveillance strategy for information
technology (IT) services to be performed at the DOE Oak Ridge Office
(ORO) and satellite areas. The primary intent of the plan is to provide
a basis for the COR's evaluation of performance quality. Oversight of
the contractor's performance will assure quality performance. The plan
will also afford the COR and the Contracting Officer (CO) a productive
mechanism to preclude major deficiencies in performance, provide input
for the annual contractor performance evaluations, and make the
determination of exercising contract options.

**III. [PERFORMANCE OBJECTIVES FOR THE CONTRACTOR]{.underline}**

The contractor will perform IT support services with oversight and
approval of the COR. These services include all functions associated
with generally accepted IT functions, services, and information and
equipment accountability requirements. Specific performance measures are
provided for Resources and Integrated Project Management, Information
Engineering and Systems Development, End User and Related Support,
Network Operations, and Cyber Security Operations.

All monthly invoices submitted should reflect a **½%** retainage of the
labor cost. On an annual basis corresponding with the contract dates,
the performance objectives below will be evaluated. The Government will
advise the contractor of the surveillance results and may request an
invoice for the retainage minus any deduction, if applicable, identified
during the review.

> **1. [RESOURCES AND INTEGRATED PROJECT MANAGEMENT]{.underline}**
>
> **Performance Objective:** The contractor will manage its personnel
> and delegated Government resources in a responsible, timely, and
> professional manner utilizing integrated project management principles
> that are consistent with industry best business practices and in
> compliance with Federal statues, contract requirements, and in
> accordance with directions from the COR to achieve a safe, secure, and
> efficient IT operation.
>
> **Measure 1:** The contractor will provide qualified, capable staff,
> and the appropriate skill mix to maintain security, system
> availability, an appropriate level of development, operations fully
> functional, and resolve issues to accomplish the PWS. The average
> staffing levels and skill mix shall not fall below 95% on any task
> order of approved positions.
>
> []{.mark}
>
> *Surveillance: The COR will perform periodic assessments of staffing
> levels, recruitment, and training approach to provide required
> critical skills. []{.mark}*
>
> **Measure 2:** The contractor will manage a task order management
> system that incorporates all tasks, schedules, dates, and costs by
> customer. []{.mark}
>
> []{.mark}
>
> *Surveillance: The COR will perform periodic assessments of the task
> order management system in place to assure tasks are accomplished in a
> timely manner and within estimated ceiling price.*
>
> **Measure 3:** The contractor will ensure that any subcontract
> utilized is managed effectively for cost, schedule, and deliverables
> in accordance with the task order management system.
>
> *Surveillance: The COR will perform periodic assessments of any
> subcontracts to assure planned and unplanned ad-hoc tasks are
> accomplished in a timely manner and within estimated ceiling price.*
>
> []{.mark}
>
> **Measure 4:** The contractor will develop and update, as needed, all
> required plans in accordance with relevant programmatic and technical
> requirements, for example, the DOE SEM, Quality Assurance, and
> Configuration Management requirements. Plans include, but are not
> limited to: Safety Plan that incorporates Integrated Safety Management
> (ISM) philosophies; Disaster Recovery Plan, Cost and Labor Plans,
> Computer security plans, Continuity plans, Cyber Security Protection
> Plan (CSPP), the Office of Science Program Cyber Security Plan (PCSP),
> Quality Assurance Plan, and Configuration Management Plan. []{.mark}
>
> []{.mark}
>
> *Surveillance: Plans will be periodically reviewed and updated as
> often as deemed necessary.* *The COR will perform periodic inspections
> to assure the Plans have undergone a self assessment and are being
> followed by the staff. The COR will receive any updates to the Safety
> Plan for approval.*
>
> **Measure 5:**  Reporting requirements meet or exceed the dates stated
> in the contract or negotiated with the COR.
>
> []{.mark}
>
> *Surveillance: The COR will perform an inspection, as needed, to
> assure that reports and plans meet or exceed due dates and identify
> any that require revised dates on the contract schedule.*
>
> []{.mark}
>
> **2. [INFORMATION ENGINEERING AND SYSTEMS DEVELOPMENT]{.underline}**
>
> **Performance Objective:** Provide technical staffing in support of:
> (1) task order management including requirements to estimate realistic
> costs, schedules, and completion dates for all requirements and the
> accomplishment of tasks within identified cost ceilings, and (2)
> configuration management for information engineering and systems
> development services, including at a minimum, change and version
> control on all software systems (custom developed and
> Commercial-Off-The-Shelf \[COTS\] applications), and all documentation
> required by the ITSS contract and/or the QMS. This will include any
> work performed under a subcontract.

[]{.mark}

> **Measure 1:** All tasks will be scheduled with projected completion
> dates and cost estimates within two business days of the time of
> acceptance of the base-lined requirements by the customer and
> consequent assignment. Each task and individual schedule will be
> integrated into a master schedule provided to management and will
> include all task orders yet to be completed.
>
> *Surveillance: The COR will perform random inspections of the planned
> task schedules, dates, and cost estimates to assure that requirements
> are accepted by the customer and tasks are included on the master
> schedule within the stated time.*
>
> **Measure 2:** Estimated schedules, completion dates, and costs for
> development and/or re-writing systems that will require major
> resources will be provided to the COR within three business days of
> COR's request. The cost estimate will include all costs including
> subcontract work.
>
> *Surveillance: The COR will perform random inspections of planned task
> schedules, dates, and cost estimates to assure compliance within the
> stated time.*
>
> **Measure 3:** Technical resources will be provided in support of
> configuration management to assure ORO information systems are updated
> within three business days of any change occurrence.
>
> []{.mark}
>
> *Surveillance: The COR will perform random inspections of contract
> documentation to assure accuracy and updating is accomplished within
> the stated time. In addition, 100% inspection of documentation for all
> systems, including change and version control for hardware, software,
> services provided, and documentation required by the ITSS contract
> and/or the QMS.*
>
> []{.mark}
>
> **Measure 4:** An internal audit of the contract quality assurance
> program will be performed at least annually.
>
> *Surveillance: The COR will annually assess all audits performed,
> corrective action plans produced, and corrective actions in progress.*
>
> **3. [END USER AND RELATED SUPPORT]{.underline}**

**Performance Objective:** Provide timely, quality support to all users
and customers.

> **Measure 1:** Acknowledge receipt of trouble ticket or request, by
> e-mail or phone call, within one hour for emergency requests
> (emergency defined as user system non-functional) and four hours for
> non-emergency requests.
>
> *Surveillance: The COR will perform periodic inspections to assure
> requests are acknowledged. This may include reading the IT Request log
> and/or gathering information from users and customers.*
>
> **Measure 2:** Appropriate staff will personally respond to emergency
> requests (emergency defined as user system non-functional) within two
> hours and within two business days for other requests.
>
> *Surveillance: The COR will perform periodic inspection of the IT
> Request log and/or gather information from users and customers to
> determine if requests receive action within the designated time
> period.*
>
> **Measure 3:** Desktops, laptops, Personal Digital Assistants (PDAs),
> etc., are managed and maintained at a level which prevents cyber
> attacks, hardware issues, and stays current with virus and system
> updates, with no lost production time due to critical updates and/or
> security patches not being installed in a timely manner.
>
> *Surveillance: The COR will perform periodic inspections to assure
> that computer virus protection software is provided to users at least
> weekly, or as necessary. Lost production time will be reported to the
> COR by the contractor in the form of written communication.*
>
> **Measure 4:** Through the results of a customer survey conducted at
> least annually, the contractor averages a score of at least 4
> (1-unacceptable; 2-poor; 3-fair; 4-good; 5-excellent) with respect to
> customer satisfaction in: timely response; quality of product/service,
> sufficient communication with the customer, and correcting the problem
> the first time. This survey will be developed jointly by COR and the
> contractor and distributed by COR.
>
> []{.mark}
>
> *Surveillance: The COR will perform an inspection of the survey
> results to assure the overall average performance rating by the
> customer is at least 4.*
>
> **Performance Objective:** All computer-related equipment will be
> accounted for in its appropriate "use" status.
>
> **Measure 5:** Ensure that all computer-related equipment is received,
> tested, inventoried, tagged, distributed, accurately accounted for,
> and that compliance with all software license agreements is accurately
> maintained. For all newly received equipment, testing will be
> performed to assure acceptable working condition consistent with
> applicable "return to vendor" policies (normally 30 days) and that
> defective equipment is returned within the specified acceptance
> period.
>
> *Surveillance: The COR will perform periodic inspections to determine
> whether computer-related equipment is properly accounted for, software
> license agreements are accurately maintained, hardware and software
> products are inventoried accurately, and accomplished within
> timeliness parameters.*
>
> **4. [NETWORK OPERATIONS]{.underline}**
>
> **Performance Objective:** Provide technical staffing to: (1) Maintain
> a secure, reliable network capable of supporting the various ORO
> mission requirements, and (2) perform and document configuration
> changes in the ORO network environment as changes occur and as
> specified in the ORO CSPP. Network configuration management includes,
> at a minimum, inventory of ORO network and server systems, patch
> management and deployment logs, security audit logs, operating systems
> and applications used to manage those network and server systems,
> change and version control on the network and server systems (to
> include firewalls, switches and routers), and change and version
> control on any documentation required by the ITSS contract and/or the
> QMS.
>
> **Measure 1:** All security updates and patches for computer virus,
> spam and spy-ware protection, operating systems, and application
> software vulnerabilities are provided to users according to the
> DOE-ORO Patch Management Policy (ORO QSB-PNP-001). No network security
> incident occurs resulting from exploitation of a known vulnerability
> of an unpatched system.
>
> *Surveillance: The COR will perform ongoing inspections for adherence
> to patch deployment requirements.*
>
> **Measure 2:** System availability (average system uptime) will be
> maintained at 99.95% or higher during the period 7 a.m. -- 6 p.m.
> Monday through Friday. Contractor shall have a 99.85% level of service
> 24 hours a day/7 days a week. System availability shall be tracked
> with monthly reports.
>
> *Surveillance: The COR will review monthly reports of the system
> downtime log.*
>
> **Measure 3:** Network configuration drawings will be updated and
> provided to the COR within three business days of configuration
> changes.
>
> *Surveillance: The COR will perform inspections per occurrence, or at
> random.*
>
> **Measure 4:** Configure and manage e-mail systems to ensure no
> customer is down more than four business hours.
>
> *Surveillance: The COR will perform inspections per occurrence.*
>
> **Measure 5:** Perform ongoing and continued daily coordination for
> domains, sub-domains, systems, and/or resources shared and managed by
> other DOE contractors, such as ORFSC, DOEnet, ESnet, etc. As issues
> and problems are identified, document and establish an immediate and
> appropriate course of action for and through resolution.
>
> *Surveillance: The COR will periodically inspect the contractor's
> documentation concerning issues and problems resolution to assure they
> are tracked and coordinated with other contractors for prompt and
> complete resolution in compliance with the contract.*
>
> **Measure 6:** Provide resources to manage and maintain ORO's domain
> network servers, routers, and switches at a level which provides
> maximum protection against cyber attacks (e.g., viruses, worms, etc.)
> with no loss of production time due to critical updates and/or
> security patches not being installed as documented in the ORO CSPP, as
> agreed upon through the COR, or in timely manner, taking into account
> time of receipt, time to test, and time to install.
>
> *Surveillance: The COR will randomly inspect any means of reporting
> for cyber attack warnings and/or occurrences to assure the contractor
> has installed critical updates and patches to prevent attacks.*
>
> **Measure 7:** Provide documentation of configuration changes in the
> ORO network environment within three business days as changes occur
> and as specified in the ORO CSPP.
>
> *Surveillance: The COR will perform periodic review of the
> documentation supporting all network configuration changes.*
>
> **5. [CYBER SECURITY OPERATIONS]{.underline}**
>
> **Performance Objective:** Effectively implements and executes the
> day-to-day ORO cyber security operations program to ensure and provide
> adequate protection of ORO computing resources and information.
>
> **Measure 1:** Support the development and maintenance of the CSPP.
> Support all cyber assets covered in the approved CSPP, and operated
> under the ORO approved configuration controls in accordance with DOE
> Orders, the Office of Science PCSP, and other Lead Program Secretary
> Office (LPSO) PCSP.
>
> *Surveillance: Annually, the COR will review and approve the CSPP and
> inspect the assets covered in the CSPP.*
>
> **Measure 2:** Generate and retain security audit logs and
> periodically perform independent reviews in accordance with ORO
> policies and procedures.
>
> *Surveillance: The COR will perform periodic inspection of audit logs
> and reviews.*
>
> **Measure 3:** Respond/correct and investigate/report cyber security
> incidents in a timely manner. Responds/corrects [\<]{.underline} 24
> hours from occurrence and investigates/reports [\<]{.underline} 5
> business days from occurrence.
>
> *Surveillance: The COR will maintain surveillance of the contractor's
> timely response to all cyber security incidents.*
>
> **Measure 4:** Manage an annual cyber security self-assessment
> program, which should include a plan and documented performance
> results.
>
> *Surveillance: The COR will review contractor's self-assessment of the
> cyber security function on an annual basis.*

**IV. [DOCUMENTATION]{.underline}**

The COR will, in addition to providing documentation to the CO, maintain
a complete Quality Assurance file. The file will contain copies of all
reports, evaluations, recommendations, and any actions related to the
Government's performance of the quality assurance function, including
the originals of all Surveillance Activity Checklists. All such records
will be retained for the life of this contract. The COR shall forward
these records to the CO at termination or completion of the contract.

SURVEILLANCE ACTIVITY CHECKLIST

> The Surveillance Activity Checklist should be completed within 30 days
> of the annual contract review period and submitted to the Contracting
> Officer with backup documentation, comments on review to include
> compliance and/or recommendations for deductions.
>
> Contractor: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Contract
> No.: [DE-AC05-06OR23244]{.underline}

+---------+-------+------------+-----------+------+--------+---------+
| **Perf  | **Con | **         | **Means   | **D  | **Comm | **Compl |
| ormance | tract | Acceptable | of        | educ | ents** | iance** |
| Obje    | R     | Quality    | Surve     | tion |        |         |
| ctive** | equir | Level**    | illance** | from |        |         |
|         | ement |            |           | R    |        |         |
|         | or    |            |           | etai |        |         |
|         | Speci |            |           | nage |        |         |
|         | fic** |            |           | Po   |        |         |
|         |       |            |           | ol** |        |         |
|         | *     |            |           |      |        |         |
|         | *Task |            |           |      |        |         |
|         | No.** |            |           |      |        |         |
+---------+-------+------------+-----------+------+--------+---------+
| RE      | All   | Average    | Periodic  | 15%  |        |         |
| SOURCES | tasks | staffing   | a         |      |        |         |
| AND     |       | levels and | ssessment |      |        |         |
| INT     |       | skill mix  | of plans, |      |        |         |
| EGRATED |       | shall not  | task      |      |        |         |
| PROJECT |       | fall below | orders,   |      |        |         |
| MAN     |       | 95% on any | staffing  |      |        |         |
| AGEMENT |       | task order | levels,   |      |        |         |
| Manage  |       | of         | rec       |      |        |         |
| staff,  |       | approved   | ruitment, |      |        |         |
| gov     |       | positions. | use of    |      |        |         |
| ernment |       |            | subc      |      |        |         |
| p       |       | []{.mark}  | ontracts, |      |        |         |
| rovided |       |            | and       |      |        |         |
| res     |       | []{.mark}  | training  |      |        |         |
| ources, |       |            | approach  |      |        |         |
| c       |       | []{.mark}  | to        |      |        |         |
| ontract |       |            | provide   |      |        |         |
| res     |       | Reports/De | required  |      |        |         |
| ources, |       | liverables | critical  |      |        |         |
| and     |       | meet or    | skills.   |      |        |         |
| other   |       | exceed the |           |      |        |         |
| requi   |       | due dates  | []{.mark} |      |        |         |
| rements |       | stated in  |           |      |        |         |
| ut      |       | the        | Inspect   |      |        |         |
| ilizing |       | contract   | Reports/  |      |        |         |
| int     |       | and/or in  | Del       |      |        |         |
| egrated |       | task       | iverables |      |        |         |
| project |       | orders.    | to assure |      |        |         |
| man     |       |            | they meet |      |        |         |
| agement |       |            | or exceed |      |        |         |
| pri     |       |            | reporting |      |        |         |
| nciples |       |            | req       |      |        |         |
| con     |       |            | uirements |      |        |         |
| sistent |       |            | and due   |      |        |         |
| with    |       |            | dates.    |      |        |         |
| i       |       |            |           |      |        |         |
| ndustry |       |            |           |      |        |         |
| best    |       |            |           |      |        |         |
| b       |       |            |           |      |        |         |
| usiness |       |            |           |      |        |         |
| pra     |       |            |           |      |        |         |
| ctices. |       |            |           |      |        |         |
+---------+-------+------------+-----------+------+--------+---------+
| I       | All   | Provide    | Periodic  | 15%  |        |         |
| NFORMAT | tasks | task       | and       |      |        |         |
| IONENGI |       | schedule   | random    |      |        |         |
| NEERING |       | with       | in        |      |        |         |
| AND     |       | projected  | spections |      |        |         |
| SYSTEMS |       | completion | of        |      |        |         |
| D       |       | dates ≤ 2  | planned   |      |        |         |
| EVELOPM |       | business   | task      |      |        |         |
| ENTTask |       | days from  | s         |      |        |         |
| Order   |       | acceptance | chedules, |      |        |         |
| Mana    |       | of         | dates,    |      |        |         |
| gement, |       | base-line  | cost      |      |        |         |
| Cost,   |       | task       | e         |      |        |         |
| Sc      |       | req        | stimates. |      |        |         |
| hedule, |       | uirements. |           |      |        |         |
| and     |       |            | []{.mark} |      |        |         |
| Quality |       | Provide    |           |      |        |         |
| C       |       | cost       | []{.mark} |      |        |         |
| ontrol, |       | estimates  |           |      |        |         |
| and     |       | for        | []{.mark} |      |        |         |
| config  |       | d          |           |      |        |         |
| uration |       | evelopment | []{.mark} |      |        |         |
| man     |       | and/or     |           |      |        |         |
| agement |       | re-writing | []{.mark} |      |        |         |
| for     |       | systems    |           |      |        |         |
| total   |       | requiring  | []{.mark} |      |        |         |
| IT      |       | major      |           |      |        |         |
| s       |       | resources  | []{.mark} |      |        |         |
| ervices |       | ≤ 3        |           |      |        |         |
|         |       | business   | []{.mark} |      |        |         |
|         |       | days from  |           |      |        |         |
|         |       | COR        | []{.mark} |      |        |         |
|         |       | request.   |           |      |        |         |
|         |       |            | []{.mark} |      |        |         |
|         |       | ORO        |           |      |        |         |
|         |       | i          | Periodic  |      |        |         |
|         |       | nformation | and       |      |        |         |
|         |       | systems    | random    |      |        |         |
|         |       | are        | in        |      |        |         |
|         |       | updated    | spections |      |        |         |
|         |       |            | of        |      |        |         |
|         |       | ≤ 3 of any | docu      |      |        |         |
|         |       | change     | mentation |      |        |         |
|         |       | o          | for all   |      |        |         |
|         |       | ccurrence. | systems,  |      |        |         |
|         |       |            | including |      |        |         |
|         |       | []{.mark}  | change    |      |        |         |
|         |       |            | and       |      |        |         |
|         |       | []{.mark}  | version   |      |        |         |
|         |       |            | control   |      |        |         |
|         |       | []{.mark}  | for       |      |        |         |
|         |       |            | hardware, |      |        |         |
|         |       | []{.mark}  | software, |      |        |         |
|         |       |            | services  |      |        |         |
|         |       | []{.mark}  | provided, |      |        |         |
|         |       |            | and       |      |        |         |
|         |       | []{.mark}  | docu      |      |        |         |
|         |       |            | mentation |      |        |         |
|         |       |            | the       |      |        |         |
|         |       |            | required  |      |        |         |
|         |       |            | by the    |      |        |         |
|         |       |            | ITSS      |      |        |         |
|         |       |            | contract  |      |        |         |
|         |       |            | and/or    |      |        |         |
|         |       |            | QMS.      |      |        |         |
+---------+-------+------------+-----------+------+--------+---------+
| END     | All   | A          | Periodic  | 15%  |        |         |
| USER    | tasks | cknowledge | in        |      |        |         |
| AND     |       | receipt of | spections |      |        |         |
| RELATED |       | emergency  | of the IT |      |        |         |
| SUPPORT |       | requests   | Request   |      |        |         |
| Provide |       | by e-mail  | log       |      |        |         |
| timely, |       | or phone   | and/or    |      |        |         |
| quality |       | [\<]{.     | in        |      |        |         |
| support |       | underline} | formation |      |        |         |
| to all  |       | 1 hour and | from      |      |        |         |
| users   |       | routine    | users and |      |        |         |
| and     |       | requests   | c         |      |        |         |
| cus     |       | by e-mail  | ustomers. |      |        |         |
| tomers. |       | or phone   |           |      |        |         |
|         |       | [\<]{.     | Periodic  |      |        |         |
|         |       | underline} | and       |      |        |         |
|         |       | 4 hours.   | random    |      |        |         |
|         |       |            | ins       |      |        |         |
|         |       | Response   | pections. |      |        |         |
|         |       | to         |           |      |        |         |
|         |       | emergency  | I         |      |        |         |
|         |       | customer   | nspection |      |        |         |
|         |       | requests   | of the    |      |        |         |
|         |       | [\<]{.     | annual    |      |        |         |
|         |       | underline} | survey    |      |        |         |
|         |       | 2 business | results.  |      |        |         |
|         |       | hours and  |           |      |        |         |
|         |       | routine    |           |      |        |         |
|         |       | customer   |           |      |        |         |
|         |       | requests   |           |      |        |         |
|         |       | [\<]{.     |           |      |        |         |
|         |       | underline} |           |      |        |         |
|         |       | 2 business |           |      |        |         |
|         |       | days.      |           |      |        |         |
|         |       |            |           |      |        |         |
|         |       | Desktops,  |           |      |        |         |
|         |       | laptops,   |           |      |        |         |
|         |       | PDAs,      |           |      |        |         |
|         |       | etc., are  |           |      |        |         |
|         |       | managed    |           |      |        |         |
|         |       | and        |           |      |        |         |
|         |       | maintained |           |      |        |         |
|         |       | at a level |           |      |        |         |
|         |       | which      |           |      |        |         |
|         |       | prevents   |           |      |        |         |
|         |       | cyber      |           |      |        |         |
|         |       | attacks,   |           |      |        |         |
|         |       | hardware   |           |      |        |         |
|         |       | issues,    |           |      |        |         |
|         |       | stays      |           |      |        |         |
|         |       | current    |           |      |        |         |
|         |       | with virus |           |      |        |         |
|         |       | and system |           |      |        |         |
|         |       | updates,   |           |      |        |         |
|         |       | with no    |           |      |        |         |
|         |       | (zero)     |           |      |        |         |
|         |       | lost       |           |      |        |         |
|         |       | production |           |      |        |         |
|         |       | time.      |           |      |        |         |
|         |       |            |           |      |        |         |
|         |       | The        |           |      |        |         |
|         |       | customer   |           |      |        |         |
|         |       | survey     |           |      |        |         |
|         |       | results    |           |      |        |         |
|         |       | average a  |           |      |        |         |
|         |       | score of   |           |      |        |         |
|         |       | at least 4 |           |      |        |         |
|         |       | (1-una     |           |      |        |         |
|         |       | cceptable, |           |      |        |         |
|         |       | 2-poor,    |           |      |        |         |
|         |       | 3-fair,    |           |      |        |         |
|         |       | 4-good,    |           |      |        |         |
|         |       | 5-         |           |      |        |         |
|         |       | excellent) |           |      |        |         |
+---------+-------+------------+-----------+------+--------+---------+
| > All   | All   | All        | Perform   | 15%  |        |         |
| > co    | tasks | comput     | periodic  |      |        |         |
| mputer- |       | er-related | in        |      |        |         |
| related |       | equipment  | spections |      |        |         |
| > eq    |       | is         | of IT     |      |        |         |
| uipment |       | received,  | inventory |      |        |         |
| > will  |       | tested,    | docum     |      |        |         |
| > be    |       | in         | entation. |      |        |         |
| > ac    |       | ventoried, |           |      |        |         |
| counted |       | tagged,    |           |      |        |         |
| > for   |       | accurately |           |      |        |         |
| > in    |       | accounted  |           |      |        |         |
| > its   |       | for, and   |           |      |        |         |
| > appr  |       | that       |           |      |        |         |
| opriate |       | compliance |           |      |        |         |
| > "use" |       | with all   |           |      |        |         |
| >       |       | software   |           |      |        |         |
| status. |       | license    |           |      |        |         |
|         |       | agreements |           |      |        |         |
|         |       | is         |           |      |        |         |
|         |       | accurately |           |      |        |         |
|         |       | m          |           |      |        |         |
|         |       | aintained. |           |      |        |         |
|         |       |            |           |      |        |         |
|         |       | All new    |           |      |        |         |
|         |       | equipment  |           |      |        |         |
|         |       | will be    |           |      |        |         |
|         |       | tested to  |           |      |        |         |
|         |       | ensure     |           |      |        |         |
|         |       | acceptable |           |      |        |         |
|         |       | working    |           |      |        |         |
|         |       | condition  |           |      |        |         |
|         |       | within the |           |      |        |         |
|         |       | vendor's   |           |      |        |         |
|         |       | acceptance |           |      |        |         |
|         |       | period     |           |      |        |         |
|         |       | (normally  |           |      |        |         |
|         |       | 30 days).  |           |      |        |         |
+---------+-------+------------+-----------+------+--------+---------+
| NETWORK | All   | No (zero)  | Random    | 20%  |        |         |
| OPE     | tasks | network    | in        |      |        |         |
| RATIONS |       | security   | spections |      |        |         |
| M       |       | incident   | of any    |      |        |         |
| aintain |       | occurs     | means of  |      |        |         |
| secure, |       | resulting  | reporting |      |        |         |
| r       |       | from       | for cyber |      |        |         |
| eliable |       | ex         | attack    |      |        |         |
| network |       | ploitation | warnings  |      |        |         |
| in      |       | of a known | and/or    |      |        |         |
| support |       | vul        | oc        |      |        |         |
| of ORO  |       | nerability | currences |      |        |         |
| m       |       | of an      | to assure |      |        |         |
| issions |       | unpatched  | the       |      |        |         |
| and     |       | system.    | c         |      |        |         |
| perform |       |            | ontractor |      |        |         |
| and     |       | System     | has       |      |        |         |
| d       |       | av         | installed |      |        |         |
| ocument |       | ailability | critical  |      |        |         |
| config  |       | will be    | updates   |      |        |         |
| uration |       | maintained | and       |      |        |         |
| changes |       | at 99.95%  | patches   |      |        |         |
| in the  |       | or higher  | to        |      |        |         |
| ORO     |       | between 7  | prevent   |      |        |         |
| network |       | am -- 9 pm | attacks.  |      |        |         |
| envi    |       | EST,       |           |      |        |         |
| ronment |       | Monday     | The COR   |      |        |         |
| as      |       | through    | will      |      |        |         |
| changes |       | Friday.    | review    |      |        |         |
| occur   |       | Contractor | monthly   |      |        |         |
| and as  |       | shall have | c         |      |        |         |
| sp      |       | a 99.85%   | ontractor |      |        |         |
| ecified |       | level of   | reports   |      |        |         |
| in the  |       | service 24 | IT        |      |        |         |
| ORO     |       | hours a    | downtime  |      |        |         |
| CSPP.   |       | day/7 days | log.      |      |        |         |
|         |       | a week.    |           |      |        |         |
|         |       |            | In        |      |        |         |
|         |       | Network    | spections |      |        |         |
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+---------+-------+------------+-----------+------+--------+---------+
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+---------+-------+------------+-----------+------+--------+---------+

> Date Submitted: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Completed by:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Title:
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_