Approved For Release 2000/08/08
: CIA-RDP96-00789R003000460007-2
[Typed name of the officer or employee responsible for the modification
proposal
]
+ Subsections 27(a),
(b),
and
(d)
are effective on December
1,
1990.
Subsection 27(f)
iB effective on June
1,
1991.
THIS CERTIFICATION CONCERNS A HATTER WITHIN THE JURISDICTION OF AN AGENCY
OF THE UNITED STATES AND THE MAKING OF A FALSE,
FICTITIOUS,
OR FRAUDULENT
CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE
18,
UNITED STATES CODE,
SECTION 1001.
(End of certification)
(d)
In making the certification in paragraph
(2)
of the certificate,
the
officer or employee of the competing Contractor responsible for the offer
or bid, may rely upon a one-time certification from each individual
required to submit
a certification to the competing Contractor,
supplemented by periodic training.
These certifications shall be
obtained at the earliest possible date after an individual required to
certify begins employment or association with the Contractor.
If
a
Contractor decides to rely on a certification executed prior to the
suspension of section 27
(i.e.,
prior to December
1,
1989),
the Contractor
shall ensure that an individual who has so certified is notified that
section 27 has been reinstated.
These certifications shall be maintained
by the Contractor for
a period of
6 years from the date
a certifying
employee's employment with the company ends or,
for an agency,
representative,
or consultant,
6 years from the date such individual ceases
to act on behalf of the Contractor.
(e)
The certification required by paragraph
(c)
of this clause
is
a
material representation of fact upon which reliance will be placed in
executing this modification.
(End of clause)
1.85 252.203-7003
DAC 91-2
PROHIBITION AGAINST RETALIATORY PERSONNEL ACTIONS
(APR 1992)
/
(a)
Definitions.
As used
in this clause
(1)
"Appropriate Government official" means
(i)
An officer or employee of the Department of Defense responsible
for command,
direct staff assistance to a commander,
contract
administration,
program management,
audit,
inspection,
investigation,
or enforcement of any law or regulation relating to Government
procurement or the subject matter of the contract;
(ii) A Member of Congress or an officer or employee of Congress,
the
General Accounting Office,
the Congressional Budget Office,
or the
Office of Technology Assessment;
and
(iii) Any other officer or employee of the United States whose duties
include the investigation or enforcement of any
law,
rule,
or
regulation relating to Government procurement or the subject matter of
the contract.
(2)
"Information concerning a contract" means information about cost,
price,
compliance with specifications,
meeting the user's requirements,
user safety,
use or disposition of services,
real property or personal
property acquired under the contract,
the procurement process
(including
competition,
negotiation,
award,
and administration)
,
and relationships
MDA908-93-C-0004
Page 1-20
Approved For Release 2000/08/08
: CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08
: CIA-RDP96-00789R003000460007-2
with Government personnel,
competitors,
or subcontractors.
(b)
Prohibition.
In accordance with
10 U.S.C.
2409a,
the Contractor shall not discharge or
otherwise discriminate against any employee with respect to the employee's
compensation or terms and conditions of employment because the employee
(or
any person acting pursuant to a request of the employee)
discloses to an
appropriate Government official information concerning a defense contract,
which information the employee reasonably believes evidences a violation of
any Federal law or regulation relating to defense procurement or the
subject matter of this contract.
(c)
The Government will notify the Contractor upon receipt of any
complaint filed under the provisions of this clause and Subpart 203.71 of
the Defense FAR Supplement.
The Contractor agrees to cooperate with the
Government during
its investigation of any such complaint.
(d)
The Contractor shall inform all employees of
(1)
The prohibitions of this clause;
(2)
Employees'
rights under
10 U.S.C.
2409a;
and
'
(3) Availability of procedures implementing the statute.
(End of clause)
1.86
252 . 204-7003
CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT
(APR 1992)
The Contractor's procedures
for protecting against unauthorized
disclosure of information shall not require Department of Defense employees
or members of the Armed Forces to relinquish control of their work
products,
whether classified or not,
to the Contractor.
(End of clause)
1.87 52.220-1
PREFERENCE FOR LABOR SURPLUS AREA CONCERNS
(APR 1984)
(a)
This acquisition
is not
a set-aside for labor surplus area
(LSA)
concerns.
However,
the offeror's status
as such a concern may affect
(1)
entitlement to award in case of tie offers,
or
( 2 )
offer evaluation in
accordance with the Buy American Act clause of this solicitation.
In order
to determine whether the offeror
is entitled to a preference under
. (^4 or
(2)
above,
the offeror must
identify,
below,
the LSA in which the costs to
be incurred on account of manufacturing or production
(by the offeror or
the first-tier subcontractors)
amount to more than 50% of the contract
price.
(b)
Failure to identify the locations
as specified above will preclude
consideration of the offeror as
an LSA concern.
If the offeror
is awarded
a contract
as an LSA concern and would not have otherwise qualified for
award,
the offeror
shall perform the contract or cause the contract to be
performed
in accordance with the obligations of an LSA concern.
(End of provision)
MDA908-93-C-0004
Page 1-21
Approved For Release 2000/08/08
: CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08
: CIA-RDP96-00789R003000460007-2
1.88
52 • 225-11
,
RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
(MAY
1992)
(a)
Unless advance written approval of the Contracting Officer
is
obtained,
the Contractor shall not acquire for use in the performance of
this contract
(1)
Any supplies or services originating from sources within the
communist areas of North Korea,
Vietnam,
Cambodia,
or Cuba;
(2)
Any supplies that are or were located
in or transported from or
through North Korea, Vietnam,
Cambodia,
or Cuba;
or
(3)
Arms,
ammunition,
or military vehicles produced in South Africa,
or manufacturing data for such articles.
(b)
The Contractor shall not acquire for use
in the performance of this
contract supplies or services originating from sources within Iraq,
any
supplies that are or were located in or transported from or through
Iraq,
or any supplies or services from entities controlled by the Government of
Iraq.
(c)
The Contractor agrees to insert the provisions of this clause,
including this paragraph
(d),
in all subcontracts hereunder.
(End of clause)
1.89
252
. 232-7006
DAC 91-3
57FR179
09/15/92
REDUCTION OR SUSPENSION OF CONTRACT PAYMENTS UPON FINDING OF FRAUD
(AUG
1992)
(a)
10 U.S.C.
2307(e)
permits the head of the agency to reduce or
suspend further payments to the Contractor upon a written determination by
the agency head that substantial evidence exists that the Contractors
request for advance,
partial,
or progress payments
is based on fraud.
The
provisions of
10 U.S.C.
2307(e)
are in addition to any other rights or
remedies provided the Government by law or under contract.
(b)
Actions taken by the Government
in accordance with 10 U.S.C.
2307(e)
shall not constitute an excusable delay under the Default clause of this
contract or otherwise relieve the Contractor of
its obligations to perform
under this contract.
(End of clause)
1.90
52.500-4069
Clause Number 52.500-4069
DRUG-FREE WORKFORCE
(SEP
1988)
classified information;
or
(2)
when the contracting officer
determines that the clause
is necessary for reasons of national
security or for the purpose of protecting the health and safety of
those using or affected by the product
of,
or performance of,
the
contract.
Do not use
in solicitations and contracts
for Commercial
or commercial-type products
(see FAR 11.001)
DFARS 223.570-4
(DAR
Case 88-083)60
(a)
Definitions.
(1)
"Employee
in
a sensitive position,"
as used in this
clause,
means an employee who has been granted access to classified
information;
or employees
in other positions that the Contractor
MDA908-93-C-0004
Page 1-22
Approved For Release 2000/08/08
: CIA-RDP96-00789R003000460007-2
Approved For Release 2000/08/08
: CIA-RDP96-00789R003000460007-2
determine involve national security,
health or safety,
or functions
other than
tfie foregoing requiring a high degree of trust and
confidence.
(2)
"Illegal drugs,"
as used in this clause,
means controlled
substances included
in Schedules
I and
II,
as defined by section
802(6)
of Title 21 of the United States Code,
the possession of
which
is unlawful under Chapter
13 of that Title.
The term
"illegal drugs" does not mean the use of a controlled substance
pursuant to a valid prescription or other uses authorized by law.
(b)
The Contractor agrees to institute and maintain a program for
achieving the objective of a drug-free work force.
While this
clause defines criteria for such a program,
contractors are
encouraged to implement alternative approaches comparable to the
criteria in paragraph
(c)
that are designed to achieve the
objectives of this clause.
(c)
Contractor programs shall include the following,
or
appropriate alternatives:
(1)
Employee assistance programs emphasizing high level
direction,
education,
counseling,
rehabilitation,
and coordination
with available community resources;
(2)
Supervisory training to assist in identifying and
addressing illegal drug use by Contractor employees;
(3)
Provision for self-referrals as well as supervisory
referrals to treatment with maximum respect for individual
confidentiality consistent with safety and security issues;
(4)
Provision for identifying illegal drug users,
including
testing on a controlled and carefully monitored basis.
Employee
drug testing programs shall be established taking account of the
following:
(i)
The Contractor shall establish a program that
provides for testing for the use of illegal drugs by employees in
sensitive positions.
The extent of and criteria for such testing
shall be determined by the Contractor resources,
and the risks to
health,
safety,
or national security that could result from the
failure of an employee adequately to discharge his or her position.
(ii)
In addition,
the Contractor may establish a
program for employee drug testing
(A)
When there
is a reasonable suspicion that an
employee uses illegal drugs or
(B)
When an employee has been involved in an
accident or unsafe practice;
(C)
As part of or as a follow-up to counseling or
rehabilitation for illegal drug use;
(D)
As part of
a voluntary employee drug testing
program.
(iii)
The Contractor may establish a program to test
applicants for employment
for illegal drug use.
(iv)
For the purpose of administering this clause,
testing for illegal drugs may be limited to those substances for
which testing is prescribed by section 2.1 of Subpart B of the
"Mandatory Guidelines for Federal Workplace Drug Testing Programs"
(53 FR 11980
(April
11,
1988)),
issued by the Department of Health
and Human Services.
(d)
Contractors shall adopt appropriate personnel procedures to
MDA908-93-C-0004
Page 1-23
Approved For Release 2000/08/08
: CIA-RDP96-00789R003000460007-2