33229:'officer’sreceipt of the data required by paragraph c ofthissection, thecontracting officer and the contractorshallpromptly negotiateto redetermine fair and reasonableprices for',
33230:'supplies delivered and services performed by the contractor under this contract. e contract modification. the negotiated redetermination of price shall',
33231:'be evidenced by a modification to this contract, signed bythe contractor and the contracting officer. f adjusting billing prices. pending',
33232:'execution of the contract modification see paragraph e of this section, the contractor shall submit invoices or vouchers in accordance',
33233:'with billing prices stated in this contract. if at any time it appears that the thencurrent billing prices will be',
33234:'substantially greater than the estimated final prices, or if the contractor submits data showing that the redetermined prices will be',
33235:'substantially greater than the current billing prices, the parties shall negotiate an appropriate decrease or increase in billing prices. any',
33236:'billing price adjustment shall be reflected in a contract modification and shall notaffect the redeterminationof prices under this clause. after',
33237:'thecontract modificationforprice redetermination is executed, the total amount paid or to be paid on all invoices or vouchers shall be',
33238:'adjusted to reflect the agreedupon prices,and any resulting additionalpayments, refunds, or credits shall be made promptly. g quarterly limitation on',
33239:'payments statement. this paragraph g shall apply until final price redetermination under this contract has been completed. 1 within 45',
33240:'days after the end ofthe quarterof the contractor’s fiscal year inwhich adelivery isfirst madeor services are first performed and accepted',
33241:'by the government under this contract, and for each quarterthereafter, the contractor shall submit to thecontract administration office with a',
33242:'copyto thecontracting office and the cognizant contract auditor, a statement, cumulative from the beginning of the contract, showing i the',
33243:'total contract price of all supplies delivered or services performed and accepted by the government and for which final prices',
33244:'have been established; iithe totalcosts estimated to the extentnecessary reasonably incurred for, and properly allocable solely to, the supplies delivered',
33245:'or services performed and accepted by the government and for which final prices have not been established; iii the portion',
33246:'of the total interim profit used in establishing the initial contract price or agreed to for the purpose of this',
33247:'paragraph g that is in direct proportion to the supplies delivered or services performed and accepted by the government and',
33248:'for which final prices have not been established; and iv the total amount of all invoices or vouchers for supplies',
33249:'delivered or services performed and accepted by the government including amounts applied or to be applied to liquidate progress payments.',
33250:'2 notwithstanding any provision of this contract authorizing greater payments, if on any quarterly statement the amount under subdivision g1ivof',
33251:'this section exceeds the sum due the contractor, as computed in accordance with subdivisions g1i, ii, and iii of this',
33252:'section, the contractor shall immediately refund or credit to the government the amount of this excess. the contractor may, when',
33253:'appropriate, reduce this refund or credit by the amount of previous refunds or credits effected under this clause. if any',
33254:'portion ofthe excess has been applied to the liquidation ofprogress payments, then that portion may, insteadof beingrefunded, be added to',
33255:'the unliquidated progresspayment account,consistent with the progress payments clause. the contractor shall provide complete details to support any claimed reduction',
33256:'in refunds. 3 if the contractor fails to submit the quarterly statement within 45 days after the end of each',
33257:'quarter and it is later determined that the governmenthas overpaidthe contractor, the contractor shall repay the excess tothe government immediately.',
33258:'unless repaid within 30 days after the end of thestatement submittal period, the amount ofthe excess shall bear interest, computed',
33259:'from the date the quarterly statement was due to the date of repayment, at the rate established in accordance with',
33260:'the interest clause. h subcontracts. no subcontract placed under this contract may provide for payment on a costplusapercentageofcost basis. i',
33261:'disagreements.if the contractor and the contracting officer fail toagreeupon redetermined priceswithin 60 days or within such other period as the',
33262:'parties agree after the date on which the data required by paragraph c of this section are to besubmitted,the contracting',
33263:'officershallpromptly issue a decision inaccordance withthe disputes clause. for the purpose 52.2146 subpart 52.2 text of provisions and clauses 52.2167',
33264:'of paragraphs e, f, and g of this section, and pending final settlement of the disagreement on appeal, by failure',
33265:'to appeal, or by agreement, this decision shall be treated as an executed contract modification. j termination. if this contract',
33266:'is terminated before price redetermination, prices shall be established in accordance with this clause for completed supplies and services not',
33267:'terminated. all other elements of the termination shall be resolved in accordance with other applicable clauses of this contract. end',
33268:'of clause 52.2167 allowable cost and payment. as prescribed in 16.307a, insert the following clause: allowable cost and payment aug',
33269:'2018 a invoicing. 1 the government will make payments to the contractor when requested as work progresses, but except for',
33270:'small business concerns not more often than once every 2 weeks, in amounts determined to be allowable by thecontractingofficerinaccordancewithfederalacquisitionregulationfar subpart',
33271:'31.2ineffectonthedateofthis contract and theterms ofthiscontract. thecontractor maysubmit toan authorized representative of thecontracting officer, in such form and reasonable detail as',
33272:'the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this',
33273:'contract. 2 contract financing payments are not subject to the interest penalty provisions of the prompt payment act. interim payments',
33274:'made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains',
33275:'alternate i to the clause at 52.23225. 3 the designated payment office will make interimpaymentsforcontract financingon the [contracting officer insert',
33276:'day as prescribed by agency head; if not prescribed, insert 30th] day after the designatedbilling office receives a proper payment',
33277:'request. in the event that the government requires an audit or other review of a specific payment request to ensure',
33278:'compliancewith the termsand conditions of the contract, the designated payment office is not compelled to make payment by the specified',
33279:'due date. b reimbursing costs. 1 for the purpose of reimbursing allowable costs except as provided in paragraph b2 of',
33280:'this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions, the term costs includes only—',
33281:'i those recorded costs that, at the time of the request for reimbursement, the contractor has paid by cash, check,',
33282:'or other form of actual payment for items or services purchased directly for the contract; ii when the contractor is',
33283:'not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid,',
33284:'for a supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due',
33285:'will be made– 1 in accordance with the terms and conditions of a subcontract or invoice; and 2 ordinarily within',
33286:'30days of the submission of the contractor’s payment request to thegovernment; b materials issued from the contractor’s inventory and placed',
33287:'in the productionprocess for use on the contract; c direct labor; d direct travel; e other direct inhouse costs; and',
33288:'f properly allocable and allowable indirect costs, as shown in the records maintained by the contractor for purposes of obtaining',
33289:'reimbursement under government contracts; and iii the amount of financing payments that have been paid by cash, check, or other',
33290:'forms of payment to subcontractors. 2 accrued costs of contractor contributions under employee pension plans shall be excluded until actually',
33291:'paid unless ithe contractor’s practice is to make contributionsto the retirement fund quarterly ormorefrequently;and ii the contribution does not remain',
33292:'unpaid 30 days after the end of the applicable quarter or shorter payment period anycontribution remaining unpaid shall beexcluded from',
33293:'the contractor’s indirect costs for paymentpurposes. 52.2147 52.2167 federal acquisition regulation 3 notwithstanding the audit and adjustment of invoices or',
33294:'vouchers under paragraph g of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost',
33295:'rates established in accordance with paragraph d of this clause. 4 any statements in specifications or other documents incorporated in',
33296:'this contract by reference designating performanceof services or furnishing ofmaterials at thecontractor’s expense or at no cost to the government',
33297:'shall be disregarded for purposes of costreimbursement under this clause. c small business concerns. a small business concern may receive',
33298:'more frequent payments than every 2 weeks. d final indirect cost rates. 1 final annual indirect cost rates and the',
33299:'appropriate bases shall be established in accordance with subpart 42.7ofthefederalacquisitionregulationfarineffectfortheperiodcoveredbytheindirect cost rate proposal. 2 ithecontractorshallsubmitanadequatefinalindirectcostrateproposaltothecontractingofficerorcognizant federalagency official andauditor within the',
33300:'6month period followingthe expiration of each of itsfiscalyears. reasonable extensions, for exceptional circumstances only, maybe requested in writing by the',
33301:'contractor and granted in writing by the contracting officer. the contractor shall support its proposal withadequate supporting data. iithe proposed',
33302:'rates shall be based on thecontractor’s actual cost experienceforthat period. the appropriate government representative and the contractor shall establish the',
33303:'final indirect cost rates as promptly as practical after receipt of the contractor’s proposal. iii an adequate indirect cost rate',
33304:'proposal shall include the following data unless otherwise specified by the cognizantfederal agencyofficial: a summary of all claimed indirect expense',
33305:'rates, including pool, base, and calculated indirect rate. b general and administrative expenses final indirect cost pool. schedule of claimed',
33306:'expenses by element of cost as identified in accounting records chart of accounts. c overhead expenses final indirect cost pool.',
33307:'schedule of claimed expenses by element of cost as identified in accounting records chart of accounts for each final indirect',
33308:'cost pool. d occupancy expenses intermediate indirect cost pool. schedule of claimed expenses by element of cost as identified in',
33309:'accounting records chart of accounts and expense reallocation to final indirect cost pools. e claimed allocation bases, by element of',
33310:'cost, used to distribute indirect costs. f facilities capital cost of money factors computation. g reconciliation of books of account',
33311:'i.e., general ledger and claimed direct costs by major cost element. h schedule of direct costs by contract and subcontract',
33312:'and indirect expense applied at claimed rates, as well as a subsidiary schedule of government participation percentages in each of',
33313:'the allocation base amounts. i schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract. j',
33314:'subcontract information. listing of subcontracts awarded to companies for which the contractor is the prime or uppertier contractor include prime',
33315:'and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and',
33316:'point of contact information. k summary of each timeandmaterials and laborhour contract information, including labor categories, labor rates, hours, and',
33317:'amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates. l reconciliation of total payroll per irs',
33318:'form 941 to total labor costs distribution. mlisting of decisions/agreements/approvals and description of accounting/organizational changes. n certificate of final indirect',
33319:'costs see 52.2424, certification of final indirect costs. ocontract closing information for contractsphysicallycompleted inthis fiscal year include contract number, period',
33320:'of performance, contract ceiling amounts, contract fee computations, level of effort,andindicate if the contract is ready to close. iv the',
33321:'following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit',
33322:'process: a comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data. b general',
33323:'organizationalinformationandlimitation on allowability of compensation for certain contractor personnel. see 31.2056p. additional salary reference information is available at https://www.whitehouse.gov/wpcontent/ uploads/2017/11/contractorcompensationcapcontractsawardedbeforejune24.pdf',
33324:'and https://www.whitehouse.gov/wpcontent/ uploads/2017/11/contractorcompensationcapcontractsawardedafterjune24.pdf. c identification of prime contractsunder which the contractor performs as asubcontractor. d description of accounting system excludes',
33325:'contractors required to submit a cas disclosure statement or contractors where thedescription ofthe accounting system has not changedfrom the previous',
33326:'year’s submission. 52.2148 subpart 52.2 text of provisions and clauses 52.2167 e procedures for identifying and excluding unallowable costs from',
33327:'the costs claimed and billed excludes contractors where theprocedures have not changed from the previous year’s submission. f certified financial',
33328:'statements and other financial data e.g., trial balance, compilation, review, etc.. gmanagement letter from outside cpas concerning any internal control',
33329:'weaknesses. h actions that have been and/or will be implemented to correct the weaknesses described in the management letter from',
33330:'subparagraph g of this section. i list of all internal audit reports issued since the last disclosure of internal audit',
33331:'reports to the government. j annual internal audit plan of scheduled audits to be performed in the fiscal year when',
33332:'the final indirect cost rate submission is made. k federal and state income tax returns. l securities and exchange commission',
33333:'10k annual report. m minutes from board of directors meetings. n listing of delay claims and termination claims submitted which',
33334:'contain costs relating to the subject fiscal year. o contract briefings, which generally include a synopsis of all pertinent contract',
33335:'provisions, such as: contract type, contract amount, product or services to be provided, contract performance period, rate ceilings, advance approval',
33336:'requirements, precontract cost allowability limitations, and billing limitations. v the contractor shall update the billings on all contracts to reflect',
33337:'the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in',
33338:'paragraph d2iiii of this section, within 60 days after settlement of final indirect cost rates. 3 the contractor and the',
33339:'appropriate government representative shall execute a written understanding setting forth the final indirect cost rates. the understanding shall specify i',
33340:'the agreedupon final annual indirect cost rates, ii the bases to which therates apply, iii the periods for which the',
33341:'ratesapply, iv any specific indirect costitems treated as direct costs in thesettlement, and v the affected contract and/or subcontract, identifying',
33342:'any with advance agreements or special terms and the applicable rates. the understanding shall not change any monetary ceiling, contract',
33343:'obligation, or specific cost allowance or disallowance provided for in this contract. the understanding is incorporated into this contract upon',
33344:'execution. 4 failure by the parties to agree on a final annual indirect cost rate shall be a dispute within',
33345:'the meaning of the disputes clause. 5 within 120days or longer period if approved in writingby the contracting officerafter settlementof',
33346:'the final annual indirect cost rates for all years of a physically complete contract, the contractor shall submit a completion',
33347:'invoice or voucher to reflect the settled amounts and rates. the completion invoice or voucher shall include settled subcontract amounts',
33348:'and rates. the prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher',
33349:'andproviding status of subcontractor auditsto the contracting officer uponrequest. 6 i if the contractor fails to submit a completion invoice',
33350:'or voucher within the time specified in paragraph d5 of this clause, the contracting officer may a determine the amounts',
33351:'due to the contractor under the contract; and b record this determination in a unilateral modification to the contract. iithis',
33352:'determinationconstitutes the final decision of the contracting officer in accordance with the disputes clause. e billing rates. until final annual',
33353:'indirect cost rates are established for any period, the government shall reimburse the contractor at billing rates establishedby the contracting',
33354:'officer or by anauthorized representative thecognizant auditor, subject to adjustment when the final rates are established. these billing rates 1',
33355:'shall be the anticipated final rates; and 2 maybe prospectively orretroactively revised by mutual agreement,at either party’s request, to prevent',
33356:'substantial overpayment or underpayment. f quickcloseout procedures. quickcloseoutprocedures are applicable when the conditions in far 42.708a are satisfied. g audit.',
33357:'at any time or times before final payment, the contracting officer mayhavethe contractor’sinvoices or vouchers and statements of cost audited.',
33358:'any payment may be 1 reduced by amounts foundby the contracting officer not toconstitute allowable costs; or 2 adjusted for',
33359:'prior overpayments or underpayments. 52.2149 52.2167 federal acquisition regulation h final payment. 1 upon approval of a completion invoice or',
33360:'voucher submitted by the contractor in accordance with paragraph d5 of this clause, and uponthe contractor’scompliance with all terms of',
33361:'this contract, the government shall promptly pay any balance of allowable costs and that part of the fee if any',
33362:'not previously paid. 2 the contractor shall pay to the government any refunds, rebates, credits, or other amounts including interest,',
33363:'if any accruing to or received by the contractor or any assignee under this contract, to the extent that those',
33364:'amounts are properly allocable to costs for which the contractor has been reimbursed by the government. reasonable expenses incurred by',
33365:'the contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the contracting officer.',
33366:'before finalpayment underthiscontract, the contractorand each assignee whose assignment is in effect at the time of final payment shall execute',
33367:'and deliver ian assignmentto the government,in form and substancesatisfactory tothe contracting officer, of refunds, rebates, credits, or other amounts including',
33368:'interest, if any properly allocable to costs for which the contractor has been reimbursed by the government under this contract;',
33369:'and iiarelease discharging the government,its officers, agents, and employees from all liabilities,obligations, and claims arising out of or under this',
33370:'contract, except a specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;',
33371:'b claims including reasonable incidental expenses based upon liabilities of the contractor to third parties arising out of the performance',
33372:'of this contract; provided, that the claims are not known to the contractor on the date of the executionof the',
33373:'release, and thatthe contractor gives noticeof the claims in writing to the contracting officer within 6 years following the release',
33374:'date or notice of final payment date, whichever is earlier; and c claims for reimbursement of costs, including reasonable incidental',
33375:'expenses, incurred by the contractor underthe patent clauses of this contract, excluding, however,anyexpenses arising from the contractor’s indemnification of thegovernment',
33376:'against patent liability. end of clause alternate i feb 1997. as prescribed in 16.307a2, substitute the following paragraph b1iii for',
33377:'paragraph b1 iii of the basic clause: iii the amountof progress and other payments to the contractor’s subcontractors that eitherhavebeenpaid,or',
33378:'that the contractor is required to pay pursuant to the clause of this contract entitled prompt payment for construction contracts.',
33379:'payments shall be made by cash, check, or other formof payment to the contractor’s subcontractors under similar cost standards. alternate',
33380:'ii aug 2012. as prescribed in 16.307a3, substitute the following paragraph a1 for paragraph a1 of the basic clause: a1',
33381:'the government will make payments to the contractor when requested as work progresses, but not more often than once every',
33382:'twoweeks, in amounts determined to be allowableby the contracting officer in accordance with subpart 31.3 in effect on the date',
33383:'of this contract and theterms ofthis contract. thecontractor maysubmit to an authorized representative of thecontracting officer,in such form andreasonable detail',
33384:'as therepresentative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this',
33385:'contract. alternate iii aug 2012. as prescribed in 16.307a4, substitute the following paragraph a1 for paragraph a1 of the basic',
33386:'clause: a1 the government will make payments to the contractor when requested as work progresses, but not more often than',
33387:'once every twoweeks, in amounts determined to be allowableby the contracting officer in accordance with subpart 31.6 in effect on',
33388:'the date of this contract and theterms ofthis contract. thecontractor maysubmit to an authorized representative of thecontracting officer,in such form',
33389:'andreasonable detail as therepresentative may require, an invoice or voucher supported by a statement of the claimed allowable cost for',
33390:'performing this contract. alternate iv aug 2012. as prescribed in 16.307a5, substitute the following paragraph a1 for paragraph a1 of',
33391:'the basic clause: a1 the government will make payments to the contractor when requested as work progresses, but not more',
33392:'often than once every twoweeks, in amounts determined to be allowableby the contracting officer in accordance with subpart 31.7 in',
33393:'effect on the date of this contract and theterms ofthis contract. thecontractor maysubmit to an authorized representative of thecontracting officer,in',
33394:'such form andreasonable detail as therepresentative may require, an invoice or voucher supported by a statement of the claimed allowable',
33395:'cost for performing this contract. 52.2150 subpart 52.2 text of provisions and clauses 52.21610 52.2168 fixed fee. as prescribed in',
33396:'16.307b, insert the following clause: fixed fee jun2011 a the government shall pay the contractor for performing this contract the',
33397:'fixed fee specified in the schedule. b payment ofthe fixed fee shall be made as specified in the schedule; provided',
33398:'that the contracting officer withholds a reserve not to exceed 15 percentof the total fixed fee or$100,000, whichever is less,',
33399:'to protect the government’s interest. the contracting officer shall release75 percentof all fee withholds under this contract after receipt ofan',
33400:'adequatecertified final indirect cost rate proposal covering the year of physical completion of this contract, provided the contractor has satisfied',
33401:'all other contract terms and conditions, including the submission of the final patent and royalty reports, and is not delinquent',
33402:'in submitting final vouchers on prior years’ settlements. the contracting officer may releaseup to 90percent of thefee withholds under this',
33403:'contract based on the contractor’s past performance related tothe submission and settlementof final indirect cost rate proposals. end of clause',
33404:'52.2169 fixed feeconstruction. as prescribed in 16.307c, insert the following clause: fixed feeconstruction jun 2011 a the government shall pay',
33405:'to the contractor for performing this contract the fixed fee specified in the schedule. b payment of the fixed fee',
33406:'shall be made in installments based upon the percentage of completion of the work as determined from estimatessubmitted to and',
33407:'approved by the contractingofficer, but subjectto the withholding provisions of paragraph c of this section. c thecontracting officer shall withhold',
33408:'a reserve not to exceed15 percentof the total fixed fee or$100,000, whichever is less, toprotect the government’sinterest. the contracting officer',
33409:'shall release 75 percentof all fee withholdsunder this contract after receipt of an adequate certified final indirect cost rate proposal',
33410:'covering the year of physical completion of this contract, provided the contractor has satisfied all other contract terms and conditions,',
33411:'including the submission of the final patent and royalty reports, and is not delinquent in submitting final vouchers on prior',
33412:'years’ settlements. the contracting officer may release up to 90percent ofthe feewithholds under this contract based on the contractor’s past',
33413:'performance related to the submission and settlement of final indirect cost rate proposals. end of clause 52.21610 incentive fee. as',
33414:'prescribed in 16.307d, insert the following clause: incentive fee jun 2011 a general. the government shall pay the contractor for',
33415:'performing this contract a fee determined as provided in this contract. b target cost and target fee. thetarget cost and',
33416:'target fee specified in the schedule are subject to adjustment if the contract is modified in accordance with paragraph d',
33417:'of this clause. 1 target cost, as used in this contract,means theestimated cost of thiscontract asinitially negotiated, adjusted in accordance',
33418:'with paragraph d of this clause. 2 target fee, as used in this contract, meansthe feeinitially negotiatedon the assumption that',
33419:'this contract would be performed for a cost equal to the estimated cost initially negotiated, adjusted in accordance with paragraph',
33420:'d of this clause. cwithholdingofpayment. 1normally,thegovernmentshallpaythefeetothecontractorasspecifiedinthe schedule. however,when the contracting officer considers that performance or cost indicates thatthe contractor will',
33421:'not achieve target,the government shall pay on the basis ofan appropriate lesser fee. when thecontractor demonstratesthat 52.2151 52.21610 federal acquisition',
33422:'regulation performanceor cost clearly indicatesthat thecontractor will earn afee significantly abovethe target fee, thegovernment may, atthe sole discretion of the',
33423:'contracting officer, pay on thebasis of anappropriatehigher fee. 2 payment ofthe incentive fee shall be made as specified in the',
33424:'schedule; provided that the contracting officer withholds a reserve not to exceed 15 percent of the total incentive fee or',
33425:'$100,000, whichever is less, to protect the government’s interest. thecontracting officer shall release 75 percent of all fee withholds under',
33426:'this contract after receipt of an adequate certified final indirect cost rate proposal covering the year of physical completion of',
33427:'this contract, provided the contractor has satisfied all other contract terms and conditions, including the submission of the final patent',
33428:'and royalty reports, and is not delinquent insubmittingfinal vouchers onprior years’ settlements. the contractingofficer may release up to 90 percent',
33429:'of thefee withholds under this contract based on the contractor’s past performance related to the submission and settlement of final',
33430:'indirect cost rate proposals. d equitable adjustments. when the work under this contract is increased or decreased by a modification',
33431:'to this contract or whenany equitableadjustmentin the target cost is authorized under any other clause, equitable adjustments in the target',
33432:'cost, targetfee, minimum fee, and maximum fee, asappropriate, shall be stated in a supplemental agreement to this contract. e fee',
33433:'payable. 1thefeepayableunderthiscontractshallbethetargetfeeincreasedby [contracting officer insert contractor’s participation] cents for every dollar that thetotal allowablecost is less thanthe target cost or',
33434:'decreased by [contracting officer insert contractor’s participation] cents for every dollar that the total allowable cost exceeds thetarget cost. in',
33435:'noeventshallthe feebe greater than [contracting officer insert percentage] percent or less than [contracting officer insert percentage] percent of thetarget cost.',
33436:'2 the fee shall be subject to adjustment, to the extent provided in paragraph d of this clause, and within',
33437:'the minimum and maximum fee limitations in paragraph e1 of this clause, when the total allowable cost is increased or',
33438:'decreased as a consequence of i payments made under assignments; or ii claims excepted from the release as required by',
33439:'paragraph h2 of the allowable cost and payment clause. 3 if thiscontract is terminated in its entirety, the portion of',
33440:'thetarget fee payable shall notbe subjectto anincrease or decrease as provided in this paragraph. the termination shall be accomplished in',
33441:'accordance with other applicable clauses of this contract. 4 for the purpose of fee adjustment, total allowable cost shall not',
33442:'include allowable costs arising out of i any of the causes covered by the excusable delays clause to the extent',
33443:'that they are beyond the control and without the fault or negligence of the contractor or any subcontractor; iithe taking',
33444:'effect, afternegotiating the target cost, of a statute, courtdecision, written ruling, or regulation that results in the contractor’s being required',
33445:'topayor bear the burdenof any tax or dutyor rate increase in a taxor duty; iii any direct cost attributed tothe',
33446:'contractor’sinvolvementin litigation asrequired by the contracting officer pursuant to a clause of this contract, including furnishing evidence and information requested',
33447:'pursuant to the notice and assistance regarding patent and copyright infringement clause; iv the purchase and maintenanceof additionalinsurance notin the',
33448:'target cost and required by the contracting officer, orclaimsforreimbursement for liabilities tothird persons pursuant to the insurance liabilityto third persons',
33449:'clause; v any claim, loss, or damage resulting from a risk for which the contractor has been relieved of liability',
33450:'by the government property clause; or vi any claim, loss, or damage resulting from a risk defined in the contract',
33451:'as unusually hazardous or as a nuclear risk and againstwhich the government has expresslyagreed to indemnify the contractor. 5 all',
33452:'other allowable costs are included in total allowable cost for fee adjustment in accordance with this paragraph e, unless otherwise',
33453:'specifically provided in this contract. f contract modification. the total allowable cost and the adjusted fee determined as provided in',
33454:'this clause shall be evidenced bya modification to this contract signed by the contractor and contractingofficer. g inconsistencies. in the',
33455:'event of any language inconsistencies between this clause and provisioning documents or government options under this contract, compensation for spare',
33456:'parts or other supplies and services ordered under such documents shall be determined in accordance with this clause. end of',
33457:'clause 52.2152 subpart 52.2 text of provisions and clauses 52.21615 52.21611 cost contractno fee. as prescribed in 16.307e, insert the',
33458:'clause in solicitations and contracts when a costreimbursement contract is contemplated that provides no fee and is not a costsharing',
33459:'contract. this clause may be modified by substituting $10,000 in lieu of $100,000 as themaximum reserve in paragraph b if',
33460:'thecontractor is anonprofit organization. cost contractno feeapr 1984 a the government shall not pay the contractor a fee for performing',
33461:'this contract. b afterpayment of 80percent ofthe total estimated cost shown in the schedule,the contracting officermay withhold furtherpayment of allowablecostuntil',
33462:'a reserve is set aside in an amount that the contracting officer considers necessary to protect thegovernment’s interest. thisreserve shall',
33463:'not exceed onepercent of thetotal estimated cost shown in the schedule or $100,000, whichever is less. end of clause alternate',
33464:'i apr 1984. in a contract for research and development with an educational institution or a nonprofit organization, for which',
33465:'the contracting officer hasdetermined that withholding of a portion of allowable costs is not required, delete paragraph b of the',
33466:'basic clause. 52.21612 costsharing contractno fee. as prescribed in 16.307f, insert the following clause in solicitations and contracts when a',
33467:'costsharing contract is contemplated. this clause may be modified by substituting $10,000 in lieu of $100,000 as the maximum reserve',
33468:'in paragraph b ifthe contract is with a nonprofitorganization. cost sharing contractno fee apr 1984 a the government shall not',
33469:'pay to the contractor a fee for performing this contract. b afterpaying 80 percent of the government’s share of the',
33470:'total estimated cost of performance shown in the schedule, thecontracting officer may withhold furtherpayment of allowable costuntil a reserve is',
33471:'setaside in an amount thatthe contracting officerconsiders necessary to protect the government’s interest. this reserveshallnot exceed onepercent of the government’s',
33472:'share ofthe total estimated cost shown in the schedule or $100,000, whichever is less. end of clause alternate i apr',
33473:'1984. in a contract for research and development with an educational institution, for which the contracting officerhas determinedthat withholdingof aportion',
33474:'of allowablecost is not required, deleteparagraph b ofthe basic clause. 52.21613 [reserved] 52.21614 [reserved] 52.21615 predetermined indirect cost rates. as',
33475:'prescribed in 16.307g, insert the following clause: predetermined indirect cost rates apr 1998 a notwithstanding the allowable cost and payment',
33476:'clause of this contract, the allowable indirect costs under this contract shall be obtained by applying predetermined indirect cost rates',
33477:'to bases agreed upon by the parties, as specified below. b 1thecontractorshallsubmitanadequatefinalindirectcostrateproposaltothecontractingofficerorcognizant federalagency official andauditor within the 6month period followingthe',
33478:'expiration of each of itsfiscalyears. reasonable 52.2153 52.21616 federal acquisition regulation extensions, for exceptional circumstances only, maybe requested in writing',
33479:'by the contractor and granted in writing by the contracting officer. the contractor shall support its proposal withadequate supporting data.',
33480:'2 the proposedratesshallbe based onthe contractor’sactual cost experience for that period. the appropriate government representative and the contractor shall establish',
33481:'the final indirect cost rates as promptly as practical after receipt of the contractor’s proposal. c allowability of costsandacceptability of',
33482:'costallocationmethodsshallbe determined in accordance with far subpart 31.3 in effect on the date of this contract. d predetermined rate agreements',
33483:'in effect on thedate of this contract shall beincorporated intothe contract schedule. the contracting officer or cognizant federal agency officialand',
33484:'contractorshallnegotiate rates for subsequent periods and execute a written indirect cost rate agreement setting forth the results. the agreement shall',
33485:'specify 1 the agreedupon predetermined indirect costrates, 2 the bases towhich the rates apply, 3 the period for which theratesapply,',
33486:'and 4 the specific items treated as direct costs or any changes in the items previously agreed to be direct',
33487:'costs. the indirect cost rate agreement shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance',
33488:'provided for in this contract. the agreement is incorporated into this contract upon execution. e pending establishment of predetermined indirect',
33489:'cost rates for any fiscal year or other period agreed to by the parties, the contractor shall be reimbursed either',
33490:'at the rates fixed for the previous fiscal year or other period or at billing rates acceptable tothe contracting officerorcognizant',
33491:'federal agency official, subject to appropriate adjustment whenthe final rates for that period are established. f any failure by the',
33492:'parties to agree on any predetermined indirect cost rates under this clause shall not be considered a dispute within the',
33493:'meaning of the disputes clause. if for any fiscal year or other period specified in the schedule the parties fail',
33494:'to agree to predetermined indirect cost rates, the allowable indirect costs shall be obtained by applying final indirect cost rates',
33495:'established in accordance with the allowable cost and payment clause. g allowable indirect costs for theperiod from the beginning ofperformance',
33496:'until the end of the contractor’s fiscal year or other period specified in the schedule shall be obtained using the',
33497:'predetermined indirect cost rates and the bases shown in the schedule. end of clause 52.21616 incentive price revisionfirm target. as',
33498:'prescribed in 16.406a, insert the following clause: incentive price revisionfirm target jan 2022 a general. the supplies or services identified',
33499:'in the schedule as items [contracting officer insert schedule line item numbers] are subject to price revision in accordance with',
33500:'this clause; provided, that in no event shall the total final price of these items exceed the ceiling price of',
33501:'dollars $. any supplies or services that are to be 1 ordered separately under, orotherwise added to, this contract and',
33502:'2 subject to price revision in accordance with the terms of this clause shall be identified as such in a',
33503:'modification to this contract. b definition. costs, as used in this clause, means allowable costs in accordance with part 31',
33504:'of the federal acquisition regulation far in effecton the date of this contract. c data submission. 1 within [contracting officer',
33505:'insert number of days] days after the end of the month in which the contractor has delivered the last unit',
33506:'of supplies and completed the services specified by item number in paragraph a of this clause, the contractor shall submit',
33507:'in the format of table 151,far 15.408, or in any other form on which the parties agree i a detailed',
33508:'statement of all costs incurred up to the end of that month in performing all work under the items; iian',
33509:'estimate ofcosts of furtherperformance, ifany, that may be necessary to complete performanceof all work under the items; iii a list',
33510:'of all residual inventory and an estimate of its value; and iv anyother relevant data that the contractingofficer may reasonably',
33511:'require. 2 if the contractor fails to submit the data required by paragraph c1 of this clause within the time',
33512:'specified and it is later determined that the government has overpaid the contractor, the contractorshallrepay the excess tothe government immediately.',
33513:'unless repaid within 30 days after the end of thedata submittalperiod, the amount of the excess shall bear 52.2154 subpart',
33514:'52.2 text of provisions and clauses 52.21616 interest, computed from the date the data were due to the date of',
33515:'repayment, at the rate established in accordance with the interest clause. d price revision. upon the contracting officer’sreceipt of the',
33516:'data required by paragraph c ofthisclause, the contracting officerand the contractor shall promptly establish the total final price of the',
33517:'items specified ina of this clause by applying to final negotiated cost an adjustment for profit or loss, as follows:',
33518:'1 on the basis of the information required by paragraph c of this clause, together with any other pertinent information,',
33519:'the parties shall negotiate the total final cost incurred or to be incurred for supplies delivered or services performed and',
33520:'accepted by the government and which are subject to price revision under this clause. 2 the total final price shall',
33521:'be established by applying to the total final negotiated cost an adjustment for profit or loss, as follows: iif the',
33522:'total final negotiated cost is equal to the total target cost, the adjustment is the totaltarget profit. iiif the total',
33523:'final negotiated cost is greater than the total target cost, the adjustment is the total target profit, less [contracting officer',
33524:'insert percent] percent of the amount by which the total final negotiated cost exceeds the total target cost. iii if',
33525:'thefinal negotiated cost isless than the totaltarget cost, theadjustment is thetotal target profit plus [contracting officer insert percent] percent of',
33526:'the amountby which thetotal finalnegotiated cost is less than thetotal target cost. e contract modification. the total final price of',
33527:'the items specified in paragraph a of this clause shall be evidenced by a modification to this contract,signed by thecontractor',
33528:'and the contracting officer. thisprice shall not be subject torevision, notwithstanding any changes in the cost of performing the contract,',
33529:'except to the extent that 1 the parties may agree in writing, before the determination of total final price, to',
33530:'exclude specific elements of cost from this price and to a procedure for subsequent disposition of those elements; and 2',
33531:'adjustments or credits are explicitly permitted or required by this or any other clause in this contract. f adjusting billing',
33532:'prices. 1 pending execution of the contract modification see paragraph e of this clause, the contractor shall submit invoices or',
33533:'vouchers in accordance with billing prices as provided in this paragraph. the billing prices shall be thetarget prices shown in',
33534:'this contract. 2 if at any time it appears from information provided by the contractor under paragraph g2 of this',
33535:'clause that the thencurrent billing prices will be substantially greater than the estimated final prices, the parties shall negotiate a',
33536:'reduction in thebilling prices. similarly, the parties maynegotiate an increase in billing pricesby any or all of the difference betweenthe',
33537:'target prices andthe ceiling price, upon the contractor’s submission of factual data showing that final cost under this contract will',
33538:'be substantially greater than the targetcost. 3 any billingprice adjustment shall be reflected in a contract modification andshallnot affect the',
33539:'determination of the total final price under paragraph d of this clause. after the contract modification establishing the total final',
33540:'price is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to',
33541:'reflect the total final price, and any resulting additional payments, refunds, orcredits shall bemade promptly. g quarterly limitation on payments',
33542:'statement. this paragraph g shall apply until final price revision under this contract has been completed. 1 within 45 days',
33543:'after the end ofeach quarter ofthe contractor’sfiscalyear in whicha delivery is first made or services are first performed and accepted',
33544:'by the government under this contract, and for each quarterthereafter, the contractor shall submit to thecontract administration office with a',
33545:'copyto thecontracting office and the cognizant contract auditor a statement, cumulative from the beginning of the contract, showing i the',
33546:'total contract price of all supplies delivered or services performed and accepted by the government and for which final prices',
33547:'have been established; iithe totalcosts estimated to the extentnecessary reasonably incurred for, and properly allocable solely to, the supplies delivered',
33548:'or services performed and accepted by the government and for which final prices have not been established; iii the portion',
33549:'ofthe total targetprofit usedin establishing the initial contract price or agreed toforthe purpose of this paragraph g that is in',
33550:'direct proportion to the supplies delivered or services performed and accepted by the government and for which final prices have',
33551:'not been establishedincreased or decreased in accordance with paragraph d2 of this clause, when the amount stated under subdivision g1iiof',
33552:'this clausediffers from theaggregate targetcosts of the supplies or services; and iv the total amount of all invoices or vouchers',
33553:'for supplies delivered or services performed and accepted by the government including amounts applied or to be applied to liquidate',
33554:'progress payments. 52.2155 52.21617 federal acquisition regulation 2 notwithstanding any provision of this contract authorizing greater payments, if on any',
33555:'quarterly statement the amount under subdivision g1ivof this clauseexceeds the sum due thecontractor, as computed in accordance with subdivisions g1i,',
33556:'ii, and iii of this clause, the contractor shall immediately refund or credit to the government the amount of this',
33557:'excess. the contractor may, when appropriate, reduce this refund or credit by the amount of previous refunds or credits effected',
33558:'under this clause. if any portion ofthe excess has been applied to the liquidation ofprogress payments, then that portion may,',
33559:'insteadof beingrefunded, be added to the unliquidated progresspayment account consistent with the progress payments clause. the contractor shall provide complete',
33560:'details to support any claimed reductions in refunds. 3 if the contractor fails to submit the quarterly statement within 45',
33561:'days after the end of each quarter and it is later determined that the governmenthas overpaidthe contractor, the contractor shall',
33562:'repay the excess tothe government immediately. unless repaid within 30 days after the end of thestatement submittal period, the amount',
33563:'ofthe excess shall bear interest, computed from the date the quarterly statement was due to the date of repayment, at',
33564:'the rate established in accordance with the interest clause. h subcontracts. no subcontract placed under this contract may provide for',
33565:'payment on a costplusapercentageofcost basis. i disagreements.if the contractor and the contracting officer fail toagreeupon thetotal finalprice within 60days or',
33566:'within such other period as the contracting officer may specify after the date on which the datarequired by paragraph c',
33567:'of this clause areto besubmitted,the contracting officershallpromptly issue a decision in accordance withthe disputes clause. j termination. if this contract',
33568:'is terminated before the total final price is established, prices of supplies or services subject to price revision shall be',
33569:'established in accordance with this clause for 1 completed supplies and services accepted by the government and 2 those supplies',
33570:'and services not terminated under a partial termination. all other elements of the termination shall be resolved in accordance with',
33571:'other applicable clauses of this contract. k equitable adjustment under other clauses. if an equitable adjustment in the contract price',
33572:'is made under any other clause of this contract beforethe total final price isestablished, theadjustmentshallbe made in the total targetcostandmay',
33573:'bemadein the maximum dollar limit on the total final price, the total targetprofit, orboth. ifthe adjustment ismadeafter the total final',
33574:'price is established, only the total final price shall be adjusted. l exclusion from target price and total final price.',
33575:'if any clause of this contract provides that the contract price does not or willnot include an amount for a',
33576:'specific purpose, thenneitheranytarget pricenor the totalfinal price includes orwill include any amount for that purpose. m separate reimbursement. if any',
33577:'clause of this contract expressly provides that the cost of performance of an obligation shall beat government expense, that expense',
33578:'shall not beincluded inany target priceor in the totalfinal price, but shall be reimbursedseparately. n taxes. as used in the',
33579:'federal, state, and local taxes clauseor in anyother clause that provides for certaintaxes or duties to be included in, or',
33580:'excluded from, the contract price, the term contract price includes the total target price or, if it has been established,',
33581:'the total final price. when any of these clauses requires that the contract price be increased or decreased as a',
33582:'result of changes in the obligation of the contractor to pay or bear the burden of certain taxes or duties,',
33583:'the increase or decrease shall be made in the totaltarget priceor, if it has been established, in the total final',
33584:'price, so that it will not affect the contractor’sprofit or loss on this contract. end of clause alternate i apr',
33585:'1984. as prescribed in 16.406 a, add the following paragraph o to the basic clause: o provisioning and options. parts,',
33586:'other supplies, or services that are to be furnished under this contract on the basis of a provisioning document or',
33587:'government option shall be subject to price revision in accordance with this clause. any prices established for these parts, other',
33588:'supplies, or services under a provisioning document or government option shall be treated as target prices. target cost and profit',
33589:'covering these parts,other supplies, or services may be established separately, in the aggregate, or in any combination, as the parties',
33590:'may agree. 52.21617 incentive price revisionsuccessive targets. as prescribed in 16.406b, insert the following clause: incentive price revisionsuccessive targets jan',
33591:'2022 52.2156 subpart 52.2 text of provisions and clauses 52.21617 a general. the supplies or services identified in the schedule',
33592:'as items [contracting officer insert line item numbers] are subject to price revision in accordance with this clause; provided, that',
33593:'in no event shall the total final price of these items exceed the ceiling price of dollars $. the prices',
33594:'of these items shown in the schedule are theinitial target prices,which include an initial target profitof [contracting officer insert percent]',
33595:'percent of theinitial target cost. any supplies or services that are to be 1 ordered separately under, or otherwise added',
33596:'to, this contract; and 2 subject to price revision in accordance with this clause shall be identified as such in',
33597:'a modification to this contract. b definition. costs, as used in this clause, means allowable costs in accordance with part',
33598:'31 of the federal acquisition regulation far in effecton the date of this contract. c submitting data for establishing the',
33599:'firm fixed price or a final profit adjustment formula. 1 within [contracting officer insert number of days] days after the',
33600:'end of the month in which the contractor has completed see note 1, the contractor shall submit the following data:',
33601:'iaproposed firm fixed price or total firm target price for supplies delivered and to be delivered and services performed and',
33602:'to be performed. ii a detailed statement of all costs incurred in the performance of this contract through the end',
33603:'of the month specified above, in the format of table 151,far 15.408 or in any other form on which the',
33604:'parties may agree, with sufficient supporting data to disclose unit costsand costtrends for a supplies delivered and services performed; and',
33605:'b inventories of work in process and undelivered contract supplies on hand estimated to the extent necessary. iii an estimate',
33606:'of costs of all supplies delivered and to be delivered and all services performed and to be performed under this',
33607:'contract, using the statement of costs incurred plus an estimate of costs to complete performance, in the format of table',
33608:'151,far 15.408 or in any other form on which the parties may agree, together with asufficient datato support the accuracy',
33609:'and reliability ofthe estimate; and b anexplanation of thedifferencesbetween this estimate and the original estimate used to establish the initial',
33610:'target prices. 2 the contractor shall also submit, to the extent that it becomes available before negotiations establishing the total',
33611:'firm price are concluded i supplemental statements of costs incurred after the end of the month specified in paragraph 1',
33612:'of this section for a supplies delivered and services performed; and b inventories of work in process and undelivered contract',
33613:'supplies on hand estimated to the extent necessary; and iiany other relevant data that the contracting officer may reasonably require.',
33614:'3 if the contractor fails to submit the data required by paragraphs c1 and 2 of this section within the',
33615:'time specified and it is later determinedthat the government hasoverpaid the contractor,the contractor shall repay the excess to the government',
33616:'immediately. unless repaid within 30days after the end of the data submittal period, theamount of the excess shall bear interest,',
33617:'computed from the date the data were due to the date of repayment, at the rate established in accordance with',
33618:'the interest clause. d establishing firm fixed price or final profit adjustment formula. upon the contracting officer’sreceipt of thedata required',
33619:'byparagraph cof this section, the contractingofficer and the contractor shall promptly establish either a firm fixed price or a profit',
33620:'adjustment formula for determining final profit, as follows: 1 the parties shall negotiate atotal firm target cost, based upon the',
33621:'data submitted under paragraph c of this section. 2 if the totalfirm targetcost is more than the total initial targetcost,',
33622:'the totalinitial target profit shall be decreased. if the totalfirm targetcost is less thanthe total initialtarget cost, thetotal initial target',
33623:'profit shall be increased. the initial target profit shall be increased or decreased by percent see note 2 of the',
33624:'differencebetween the total initial target cost and thetotal firm target cost. the resulting amount shall be the totalfirm target profit;',
33625:'provided, that in no event shall thetotal firm target profit be less than percent or more than percent [contracting officer',
33626:'insert percents] of the total initial cost. 3 if the totalfirm targetcost plus thetotal firm target profit represent a reasonable',
33627:'priceforperforming that part of the contract subject to price revision under this clause, the parties may agree on a firm',
33628:'fixed price, which shall be evidenced by a contract modification signed bythe contractor and the contracting officer. 4 failure of',
33629:'the parties to agree to a firm fixed price shall not constitute a dispute under the disputes clause. if agreementis',
33630:'not reached,or if establishment of a firm fixed price isinappropriate, thecontractor and the contracting officer 52.2157 52.21617 federal acquisition regulation',
33631:'shall establish a profit adjustment formula under which the total final price shall be established by applying to the total',
33632:'final negotiated cost an adjustment for profit or loss, determined as follows: iif the total final negotiated cost is equal',
33633:'to the total firm target cost,the adjustment isthe total firm targetprofit. iiif the total final negotiated cost is greater than',
33634:'the total firmtarget cost, theadjustmentis the total firm target profit, less percent ofthe amount by which the total final negotiated',
33635:'cost exceeds the totalfirm target cost. iii if thetotal finalnegotiated cost is less than thetotal firm target cost, the adjustmentis',
33636:'the total firm target profit, plus percent of the amount by whichthe total final negotiatedcost is less thanthe total firm',
33637:'target cost. iv the total firm target cost, total firmtarget profit, and theprofit adjustmentformula for determining final profit shall beevidenced',
33638:'by a modification to thiscontract signedby the contractor and the contractingofficer. e submitting data for final price revision. unless a',
33639:'firm fixed price has been established in accordance with paragraph d of this section within [contracting officer insert number of',
33640:'days] days after the end of the month in which the contractor has delivered the last unit of supplies and',
33641:'completed the services specified by item number in paragraph a of this section, the contractor shall submit in the format',
33642:'of table 151,far 15.408 or in any other form on which the parties agree 1 a detailed statement of all',
33643:'costs incurred up to the end of that month in performing all work under the items; 2 an estimate of',
33644:'costs offurther performance, if any,that may be necessary to completeperformance of all work under the items; 3 a list of',
33645:'all residual inventory and an estimate of its value; and 4 any other relevant datathat the contractingofficer may reasonably require.',
33646:'f final price revision. unless a firm fixed price has been agreed to in accordance with paragraph d of this',
33647:'section, the contractor and thecontracting officer shall, promptly after submission of the data required byparagraph eof this section, establish the',
33648:'total final price, as follows: 1 on the basis of the information required by paragraph e of this section, together',
33649:'with any other pertinent information, the parties shall negotiate the total final cost incurred or to be incurred for the',
33650:'supplies delivered or services performed and accepted by the government and which are subject to price revision under this clause.',
33651:'2 the total final price shall be established by applying to the total final negotiated cost an adjustment for final',
33652:'profit or loss determined as agreed upon under paragraph d4 of this section. g contract modification. the total final price',
33653:'of the items specified in paragraph a of this section shall be evidenced by a modification to this contract,signed by',
33654:'the contractor and the contracting officer. this priceshallnot be subject to revision, notwithstanding any changes in the cost of performing',
33655:'the contract, except to the extent that 1 the parties may agree in writing, before the determination of total final',
33656:'price, to exclude specific elements of cost from this price and to a procedure for subsequent disposition of these elements;',
33657:'and 2 adjustments or credits are explicitly permitted or required by this or any other clause in this contract. h',
33658:'adjustment of billing prices. 1 pending execution of the contract modification see paragraph e of this section, the contractor shall',
33659:'submit invoices or vouchers in accordance with billing prices as provided in this paragraph. the billing prices shall be theinitial',
33660:'target prices shown in this contract until firm target pricesare established under paragraph d of this section. when established, the',
33661:'firm target prices shall be usedas the billing prices. 2 if at any time it appears from information provided by',
33662:'the contractor under paragraph i1 of this section that the thencurrent billing prices will be substantially greater than the estimated',
33663:'final prices, the parties shall negotiate a reduction in the billing prices. similarly, the parties may negotiate an increase in',
33664:'billingprices by any or allof the difference between thetarget prices and theceiling price, upon the contractor’s submission of factual data',
33665:'showing thatthe final cost under this contract will besubstantially greater than the target cost. 3 any adjustmentof billing pricesshallbe reflected',
33666:'in a contract modification and shall not affect thedetermination of any price under paragraph d or f of this section.',
33667:'after the contract modification establishing the total final price is executed, the total amount paid or to be paid on',
33668:'all invoices or vouchers shall be adjusted to reflect the total final price, and any resulting additional payments, refunds, orcredits',
33669:'shall bemade promptly. i quarterly limitation on payments statement. this paragraph i shall apply until a firm fixed price or',
33670:'a total final price is established under paragraph d3 or f2. 1 within 45 days after the end ofeach quarter',
33671:'ofthe contractor’sfiscalyear in whicha delivery is first made or services are first performed and accepted by the government under this',
33672:'contract, and for each quarterthereafter, the contractor shall submit to thecontract administration office with a copyto thecontracting office and the',
33673:'cognizant contract auditor a statement, cumulative from the beginning of the contract, showing52.2 158 subpart 52.2 text of provisions and',
33674:'clauses 52.21617 i the total contract price of all supplies delivered or services performed and accepted by the government and',
33675:'for which final prices have been established; iithe totalcost estimated to the extent necessary reasonably incurred for,andproperlyallocable solely to, the',
33676:'supplies delivered or services performed and accepted by the government and for which final prices have not been established; iii',
33677:'the portion of the total interim profit used in establishing the initial contract price or agreed to for the purpose',
33678:'of this paragraph i that is in direct proportion to the supplies delivered or services performed and accepted by the',
33679:'government and for which final prices have not been establishedincreased or decreased in accordance with paragraph d4 of this section',
33680:'when the amount stated under subdivision ii of thissection, differsfrom the aggregate firm target costs of the supplies or services;',
33681:'and iv the total amount of all invoices or vouchers for supplies delivered or services performed and accepted by the',
33682:'government including amounts applied or to be applied to liquidate progress payments. 2 notwithstanding any provision of this contract authorizing',
33683:'greater payments, if on any quarterly statement the amount under subdivision i1iv of this section exceeds thesum due the contractor,',
33684:'as computedin accordance with subdivisions i1i, ii, and iii of this section, the contractor shall immediately refund or credit to',
33685:'the government the amount of this excess. the contractor may, when appropriate, reduce this refund or credit by the amount',
33686:'of previous refunds or credits effected under this clause. if any portion ofthe excess has been applied to the liquidation',
33687:'ofprogress payments, then that portion may, insteadof beingrefunded, be added to the unliquidated progresspayment account consistent with the progress payments',
33688:'clause. the contractor shall provide complete details to support any claimed reductions in refunds. 3 if the contractor fails to',
33689:'submit the quarterly statement within 45 days after the end of each quarter and it is later determined that the',
33690:'governmenthas overpaidthe contractor, the contractor shall repay the excess tothe government immediately. unless repaid within 30 days after the end',
33691:'of thestatement submittal period, the amount ofthe excess shall bear interest, computed from the date the quarterly statement was due',
33692:'to the date of repayment, at the rate established in accordance with the interest clause. j subcontracts. no subcontract placed',
33693:'under this contract may provide for payment on a costplusapercentageofcost basis. k disagreements. ifthe contractor and the contracting officer failto',
33694:'agree upon 1atotal firm target cost and a final profit adjustment formula or 2atotal finalprice,within 60 days or within such',
33695:'other period asthe contracting officermay specify after the date on which the data required in paragraphs c and e of',
33696:'this section are to be submitted, the contracting officer shall promptly issue a decision in accordance with the disputesclause. l',
33697:'termination. if this contract is terminated before the total final price is established, prices of supplies or services subject to',
33698:'price revision shall be established in accordance with this clause for 1 completed supplies and services accepted by the government',
33699:'and 2 those supplies or services not terminated under a partial termination. all other elements of the termination shall be',
33700:'resolved in accordance with other applicable clauses of this contract. m equitable adjustments under other clauses. if an equitable adjustment',
33701:'in the contract price is made under any other clause of this contract beforethe total final price isestablished, theadjustmentshallbe made',
33702:'in the total targetcostandmay bemadein the maximum dollar limit on the total final price, the total targetprofit, orboth. ifthe adjustment',
33703:'ismadeafter the total final price is established, only the total final price shall be adjusted. n exclusion from target price',
33704:'and total final price. if any clause of this contract provides that the contract price does not orwill not include',
33705:'an amount for a specific purpose, then neither any targetprice nor the total final price includesor will include any amount',
33706:'for that purpose. o separate reimbursement. if any clause of this contract expressly provides that the cost of performance of',
33707:'an obligation shall beat government expense, that expense shall not beincluded inany target priceor in the totalfinal price, but shall',
33708:'be reimbursedseparately. p taxes. as used in the federal, state, and local taxes clauseor in anyother clause that provides for',
33709:'certaintaxes or duties to be included in, or excluded from, the contract price, the term contract price includes the total',
33710:'target price or, if it has been established, the total final price. when any of these clauses requires that the',
33711:'contract price be increased or decreased as a result of changes in the obligation of the contractor to pay or',
33712:'bear the burden of certain taxes or duties, the increase or decrease shall be made in the totaltarget priceor, if',
33713:'it has been established, in the total final price, so that it will not affect the contractor’sprofit or loss on',
33714:'this contract. notes: 1 the degree of completion may be based on a percentage of contract performance or any other',
33715:'reasonable basis. 52.2159 52.21618 federal acquisition regulation 2 the language may be changed to describe a negotiated adjustment pattern under',
33716:'which the extent of adjustment is not the same for all levels of cost variation. end of clause alternate i',
33717:'apr 1984. as prescribed in 16.406b, add the following paragraph q to the basic clause: q provisioning and options. parts,',
33718:'other supplies, or services that are to be furnished under this contract on the basis of a provisioning document or',
33719:'government option shall be subject to price revision in accordance with this clause. any prices established for these parts, other',
33720:'supplies, or services under a provisioning document or government option shall be treated as initial target prices, ortarget prices as',
33721:'agreed upon and stipulated in the pricing documentsupporting the provisioning or added items. initial or firmtarget costs and profits and',
33722:'final prices covering these parts,other supplies, or services may be established separately, in theaggregate, or inanycombination, asthe parties may agree.',
33723:'52.21618 ordering. as prescribed in 16.506a, insert the following clause: ordering aug 2020 a any supplies and services to be',
33724:'furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities',
33725:'designated in the schedule. such orders may be issued from through [insert dates]. b all delivery orders or task orders',
33726:'are subject to the terms and conditions of this contract. in the event of conflict between a delivery order or',
33727:'task order and this contract, the contract shall control. c a delivery order or task order is considered issued when—',
33728:'1 if sent by mail includes transmittal by u.s. mail or private delivery service, the government deposits the order in',
33729:'the mail; 2 if sent by fax, the government transmits the order to the contractors fax number; or 3 if',
33730:'sent electronically, the government either— i posts a copy of the delivery order or task order to a government document',
33731:'access system, and notice is sent to the contractor; or ii distributes the delivery order or task order via email',
33732:'to the contractors email address. d orders may be issued by methods other than those enumerated in this clause only',
33733:'if authorized in the contract. end of clause 52.21619 order limitations. as prescribed in 16.506b, insert a clause substantially the',
33734:'same as follows: order limitations oct 1995 a minimum order. when the government requires supplies or services covered by this',
33735:'contract in an amount of less than [insert dollar figure or quantity], the government is not obligated to purchase, nor',
33736:'is the contractor obligated to furnish, those supplies or services under the contract. b maximum order. the contractor is not',
33737:'obligated to honor 1 any order for a single item in excess of [insert dollar figure or quantity]; 2 any',
33738:'order for a combination of items in excess of [insert dollar figure or quantity]; or 3 a series of orders',
33739:'from the same ordering office within days that together call for quantities exceeding the limitation in paragraph b1 or 2',
33740:'of this section. c if this is a requirements contract i.e., includes the requirements clause at subsection 52.21621 of the',
33741:'federal acquisition regulationfar, the government is not required to order apart of any one requirement from thecontractor if that requirement',
33742:'exceeds the maximumorder limitations in paragraph b of this section. d notwithstanding paragraphs b and c of this section, the',
33743:'contractor shall honor any order exceeding the maximum order limitations in paragraph b,unlessthat order or ordersis returned to the ordering',
33744:'officewithin days after 52.2160 subpart 52.2 text of provisions and clauses 52.21621 issuance, withwritten notice stating thecontractor’s intent not to',
33745:'ship the item or items called for and the reasons. upon receiving this notice, the government may acquire the supplies',
33746:'or services from another source. end of clause 52.21620 definite quantity. as prescribed in 16.506c, insert the following clause: definite',
33747:'quantity oct 1995 a this isa definitequantity, indefinitedeliverycontract for the supplies or services specified, and effective for the period stated,',
33748:'in the schedule. b the government shall order the quantity of supplies or services specified in the schedule, and the',
33749:'contractor shall furnish them when ordered. delivery or performance shall be at locations designated in orders issued in accordance with',
33750:'the ordering clause and the schedule. c except for any limitations on quantities in the order limitations clause or in',
33751:'the schedule, there is no limit on the number of orders that may be issued. the government may issue orders',
33752:'requiring delivery to multiple destinations or performance at multiple locations. d any order issued during the effective period of this',
33753:'contract and not completed within that timeshallbe completedby thecontractor within thetime specified in theorder. thecontract shall governthe contractor’sand government’s rights',
33754:'and obligations with respect to that order tothe same extent as if the order werecompleted during the contract’s effective period;',
33755:'provided, that the contractor shall not be required to make any deliveries under this contract after [insert date]. end of',
33756:'clause 52.21621 requirements. as prescribed in 16.506d, insert the following clause: requirements oct 1995 a this isa requirements contractforthe supplies',
33757:'or services specified, and effective for the periodstated, in the schedule. the quantities of supplies or services specified in the',
33758:'schedule are estimates only and are not purchased by this contract. except as this contract may otherwise provide,if the government’s',
33759:'requirements do not result inordersin the quantities described as estimated or maximum in the schedule, that fact shall not constitute',
33760:'the basis for an equitable price adjustment. b delivery or performance shall be made only as authorized by orders issued',
33761:'in accordance with the ordering clause. subject to any limitations in the order limitations clause or elsewhere in this contract,',
33762:'the contractor shall furnish to the government all supplies or services specified in the schedule and called for by orders',
33763:'issued in accordance with the ordering clause. the government may issue orders requiring delivery to multiple destinations or performance at',
33764:'multiple locations. c except as this contract otherwise provides, the government shall order from the contractor all the supplies or',
33765:'services specified in the schedule that are required to be purchased by the government activity or activities specified in the',
33766:'schedule. d the government is not required to purchase from the contractor requirements in excess of any limit on total',
33767:'orders under this contract. e if the government urgently requires delivery of any quantity of an item beforethe earliest date',
33768:'that deliverymay bespecified under this contract, and if the contractor will notaccept an order providingforthe accelerated delivery, the government may',
33769:'acquire theurgently required goodsor services fromanother source. f anyorder issued during the effective period of this contract and not completed',
33770:'within that periodshallbe completedby thecontractor within thetime specified in theorder. thecontract shall governthe contractor’sand government’s rights and obligations with respect',
33771:'to that order tothe same extent as if the order werecompleted during the contract’s effective period; provided, that the contractor',
33772:'shall not be required to make any deliveries under this contract after [insert date]. 52.2161 52.21622 federal acquisition regulation alternate',
33773:'i apr1984. if the requirements contract is for nonpersonal services and related supplies and covers estimated requirementsthat exceed a specific',
33774:'government activity’s internal capability to produce or perform, substitute the following paragraph c for paragraph c of the basic clause:',
33775:'c the estimated quantities are not the total requirements of the government activity specified in the schedule, but are estimates',
33776:'of requirements in excess of the quantities that the activity may itself furnish within its own capabilities. except as this',
33777:'contract otherwise provides, the government shall order from the contractor all of that activitys requirements for supplies and services specified',
33778:'in the schedule that exceed the quantities that the activity may itself furnish within its own capabilities. alternate ii apr',
33779:'1984. if the requirements contract includes subsistence for both government use and resale in the same schedule, and similar products',
33780:'may be acquired on a brandname basis, add the following paragraph g to the basic clause: g the requirements referred',
33781:'to in this contract are for items to be manufactured according to government specifications. notwithstanding anything to the contrary stated',
33782:'in the contract, the government may acquire similar products by brand name from other sources for resale. alternate iii oct',
33783:'1995. if the requirements contract involves a partial small business setaside, substitute the following paragraph c for paragraph c of',
33784:'the basic clause: c thegovernment’s requirements for each itemor subitem ofsupplies orservices described in the schedule are being purchased through',
33785:'one nonsetaside contract and one setaside contract. therefore, the government shall order from each contractor approximately onehalf of the total',
33786:'supplies or services specified in the schedule that are required to be purchased by the specified government activity or activities.',
33787:'the government may choose between the setaside contractor and the nonsetaside contractor in placing any particular order. however, the government',
33788:'shall allocate successive orders, in accordance with its delivery requirements, to maintain as close a ratio as is reasonably practicable',
33789:'between the total quantities ordered from the two contractors. alternate iv oct 1995. if the contract includes subsistence for both',
33790:'government use and resale in the same schedule and similar products may be acquired on a brandname basis and the',
33791:'contract also involves a partial small business setaside, substitute the following paragraph c for paragraph c of the basic clause',
33792:'and add the following paragraph g to the basic clause: c thegovernment’s requirements for each itemor subitem ofsupplies orservices described',
33793:'in the schedule are being purchased through one nonsetaside contract and one setaside contract. therefore, the government shall order from',
33794:'each contractor approximately onehalf of the total supplies or services specified in the schedule that are required to be purchased',
33795:'by the specified government activity or activities. the government may choose between the setaside contractor and the nonsetaside contractor in',
33796:'placing any particular order. however, the government shall allocate successive orders, in accordance with its delivery requirements, to maintain as',
33797:'close a ratio as is reasonably practicable between the total quantities ordered from the two contractors. g the requirements referred',
33798:'to in this contract are for items to be manufactured according to the government specifications. notwithstanding anything to the contrary',
33799:'stated in the contract, the government may acquire similar products by brand name from other sources for resale. 52.21622 indefinite',
33800:'quantity. as prescribed in 16.506e, insert the following clause: indefinite quantity oct 1995 a this isan indefinitequantity contract for thesupplies',
33801:'orservicesspecified,and effective for theperiod stated, in the schedule. the quantities of supplies and services specified in the schedule are estimates',
33802:'only and are not purchased by this contract. b delivery or performance shall be made only as authorized by orders',
33803:'issued in accordance with the ordering clause. the contractor shall furnish to the government, when and if ordered, the supplies',
33804:'or services specified in the schedule up to and including the quantity designated in the schedule as the maximum. the',
33805:'government shall order at least the quantity of supplies or services designated in the schedule as the minimum. c except',
33806:'for any limitations on quantities in the order limitations clause or in the schedule, there is no limit on the',
33807:'number of orders that may be issued. the government may issue orders requiring delivery to multiple destinations or performance at',
33808:'multiple locations. 52.2162 subpart 52.2 text of provisions and clauses 52.21625 d any order issued during the effective period of',
33809:'this contract and not completed within that periodshallbe completed by the contractorwithin the time specifiedin the order. the contractshallgovern the',
33810:'contractor’s and government’srights and obligations with respect to thatorder to the same extent as if theorder were completed duringthe contract’s',
33811:'effective period; provided, that the contractor shall not be required to make any deliveries under this contract after [insert date].',
33812:'end of clause 52.21623 execution and commencement ofwork. as prescribed in 16.6034b1, insert the following clause in solicitations and contracts',
33813:'when a letter contract is contemplated, except that it may be omitted from letter contracts awarded on sf 26: execution',
33814:'and commencement of work apr 1984 the contractor shall indicate acceptance of this letter contract by signing three copies of',
33815:'the contract and returning them to thecontracting officer not later than [insert date]. upon acceptance by both parties, the contractor',
33816:'shall proceed with performance of the work, including purchase of necessary materials. end of clause 52.21624 limitation ofgovernment liability. as',
33817:'prescribed in 16.6034b2, insert the following clause in solicitations and contracts when a letter contract is contemplated: limitation of government',
33818:'liability apr 1984 a in performing this contract, the contractor is not authorized to make expenditures or incur obligations exceeding',
33819:'dollars. b the maximum amount for which the government shall be liable if this contract is terminated is dollars. end',
33820:'of clause 52.21625 contract definitization. as prescribed in 16.6034b3, insert the following clause: contract definitization oct 2010 a a [insert',
33821:'specific type of contract] definitive contract is contemplated. the contractor agrees to begin promptly negotiating with the contractingofficer the termsof',
33822:'adefinitive contract that will include 1 all clauses required bythe federal acquisition regulation far on the date of execution of',
33823:'theletter contract, 2 all clauses required by law on the date of execution of the definitive contract, and 3 any',
33824:'other mutually agreeable clauses, terms, and conditions. the contractor agrees to submit a [insert specific type of proposal e.g., fixedprice',
33825:'or costandfee] proposal, including data other than certified cost or pricing data, and certified cost or pricing data, in accordance',
33826:'with far 15.408, table 151, supporting its proposal. b the schedule for definitizing this contract is [insert target date for',
33827:'definitization of the contract and dates for submission of proposal, beginning of negotiations, and, if appropriate, submission of makeorbuy and',
33828:'subcontracting plans and certified cost or pricing data]: c if agreement on a definitive contractto supersede this letter contract is',
33829:'notreached by the targetdate inparagraph b of this section, or within any extension of it granted bythe contracting officer, thecontracting',
33830:'officer may, withthe approvaloftheheadofthecontractingactivity,determineareasonablepriceorfeeinaccordancewith subpart 15.4 and part 52.2163 52.21626 federal acquisition regulation 31 of the far, subject to contractor',
33831:'appeal as provided in the disputesclause. in anyevent, the contractor shall proceed with completion of the contract, subject only to',
33832:'the limitation of government liability clause. 1 afterthe contracting officer’s determination ofprice or fee, the contractshallbe governed by iall clauses',
33833:'required by the far onthe dateof execution of thisletter contract for either fixedprice orcostreimbursement contracts, asdetermined by the contracting officer',
33834:'under thisparagraph c; iiall clauses required by law asof the date of the contracting officer’sdetermination; and iii any other clauses,',
33835:'terms, and conditions mutually agreed upon. 2 to the extent consistent with paragraph c1 of this section, all clauses, terms,',
33836:'and conditions included in this letter contract shall continue in effect,exceptthose that by their nature apply only to a letter',
33837:'contract. end of clause alternate i apr 1984. in letter contracts awarded on the basis of price competition, add the',
33838:'following paragraph d to the basic clause: d the definitive contract resulting from this letter contract will include a negotiated',
33839:'[insert price ceiling or firm fixed price] in no event to exceed [insert the proposed price upon which the award',
33840:'was based]. 52.21626 payments of allowable costsbeforedefinitization. as prescribed in 16.6034c, insert the following clause: payments of allowable costs before',
33841:'definitization dec 2002 a reimbursement rate. pending the placing of the definitive contract referred to in this letter contract, the',
33842:'government will promptly reimburse the contractor for all allowable costs under this contract at the following rates: 1 one hundredpercent',
33843:'of approved costs representing financing payments to subcontractors under fixedprice subcontracts, provided that the government’spaymentsto thecontractor will not exceed 80',
33844:'percent of the allowable costs of those subcontractors. 2 one hundredpercent of approved costs representing costreimbursement subcontracts; provided, that the',
33845:'government’s payments to the contractorshallnot exceed 85 percentof the allowable costs of those subcontractors. 3 eightyfivepercent of all other approved',
33846:'costs. b limitation of reimbursement.to determine the amounts payable to the contractor under this letter contract, the contractingofficershalldetermineallowablecostsinaccordancewiththeapplicablecostprinciplesin part 31',
33847:'of the federalacquisition regulation far. the total reimbursement made underthis paragraph shall not exceed85 percent of the maximumamount of the',
33848:'government’sliability,as stated in this contract. c invoicing. payments shall be made promptly to the contractor when requested as work progresses,',
33849:'but except for small business concerns not more often than every 2 weeks, inamountsapproved bythe contracting officer. the contractor may',
33850:'submitto anauthorized representative ofthe contracting officer, in such form and reasonable detail asthe representative may require, an invoice or voucher',
33851:'supported by a statement of the claimed allowable cost incurred by the contractor in the performance of this contract. d',
33852:'allowable costs. for the purpose of determining allowable costs, the term costs includes 1 those recorded costs that result, at',
33853:'the time of the request for reimbursement, from payment by cash, check, or other form of actual payment for items',
33854:'or services purchased directly for the contract; 2 when the contractor is not delinquent in payment of costs of contract',
33855:'performance in the ordinary course of business, costs incurred, but not necessarily paid, for i supplies and services purchased directly',
33856:'for the contract and associated financing payments to subcontractors, provided payments determined due will be made a in accordance with',
33857:'the terms and conditions of a subcontract or invoice; and b ordinarilywithin 30 days of thesubmission ofthe contractor’spayment request to',
33858:'the government; iimaterials issued from the contractor’s storesinventoryandplacedin the production process for use on the contract; iii direct labor; iv',
33859:'direct travel; 52.2164 subpart 52.2 text of provisions and clauses 52.21629 v other direct inhouse costs; and vi properly allocable',
33860:'and allowable indirect costs as shown on the records maintained by the contractor for purposes of obtaining reimbursement under government',
33861:'contracts; and 3 the amount of financing payments that the contractor has paid by cash, check, or other forms of',
33862:'payment to subcontractors. e small business concerns. a small business concern may receive more frequent payments than every 2 weeks.',
33863:'f audit. at any time beforefinal payment, the contractingofficer may have the contractor’s invoicesor vouchers and statements of costs audited.',
33864:'any payment may be 1 reduced by any amounts found by the contracting officer not to constitute allowable costs; or',
33865:'2 adjusted for overpayments or underpayments made on preceding invoices or vouchers. end of clause 52.21627 single or multiple awards.',
33866:'as prescribed in 16.506f, insert the following provision: single or multiple awards oct 1995 the government may elect to award',
33867:'a single delivery order contract or task order contract or to award multiple delivery order contracts or task order contracts',
33868:'for the same or similar supplies or services to two or more sources under this solicitation. end of provision 52.21628',
33869:'multiple awardsfor advisory andassistanceservices. as prescribed in 16.506g, insert the following provision: multiple awards for advisory and assistance services oct',
33870:'1995 the government intends to award multiple contracts for the same or similar advisory and assistance services to two or',
33871:'more sourcesunder this solicitation unless the government determines, after evaluation of offers,that only one offeror is capable of providing the',
33872:'services at the level of quality required. end of provision 52.21629 timeandmaterials/laborhour proposal requirements—other than commercial acquisition with adequate price',
33873:'competition. as prescribed in 16.601f1, insert the following provision: timeandmaterials/laborhour proposal requirements—other than commercial acquisition with adequate price competition nov',
33874:'2021 a thegovernment contemplatesaward of a timeandmaterials orlaborhour type of contractresulting from this solicitation. b the offeror must specify fixed',
33875:'hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. the offeror must specify whether',
33876:'the fixed hourly rate for each labor category applies to labor performed by 1 the offeror; 2 subcontractors; and/or 3',
33877:'divisions, subsidiaries, or affiliates ofthe offeror under a common control; c theofferor must establish fixed hourly rates using52.2 165 52.21630',
33878:'federal acquisition regulation 1 separate rates for each category of labor to be performed by each subcontractor and for each',
33879:'category of labor to be performed by the offeror,andforeach category oflabor to be transferred between divisions, subsidiaries, or affiliates of',
33880:'the offeror under a common control; 2 blended rates for eachcategory of labor to be performed by the offeror,including labor',
33881:'transferred between divisions,subsidiaries, oraffiliates of theofferor under a common control, and all subcontractors; or 3 any combination of separate and',
33882:'blendedratesforeach category of labor to be performed by the offeror, affiliates of the offeror under a common control, andsubcontractors. end',
33883:'of provision 52.21630 timeandmaterials/laborhour proposal requirements—other than commercial acquisition without adequate price competition. as prescribed in 16.601f2, insert the following',
33884:'provision: timeandmaterials/laborhour proposal requirements—other than commercial acquisition without adequate price competition nov 2021 a thegovernment contemplatesaward of a timeandmaterials orlaborhour',
33885:'type of contractresulting from this solicitation. b the offeror must specify separate fixed hourlyratesin itsoffer that include wages, overhead, general',
33886:'and administrative expenses, and profit for each category of labor to be performed by 1 the offeror; 2 each subcontractor;',
33887:'and 3 each division, subsidiary, or affiliate of the offeror under a common control. c unless exempt under paragraph d',
33888:'of this provision, the fixed hourly rates for services transferred between divisions, subsidiaries, or affiliates of the offeror under a',
33889:'common control 1 shall not include profit for the transferring organization; but 2 mayinclude profit for the prime contractor. d',
33890:'the fixed hourly rates for services that meet the definition of “commercial service” at federal acquisition regulation 2.101that aretransferred between',
33891:'divisions,subsidiaries, oraffiliates of theofferor under a common control may be the established catalog or market ratewhen it is the established',
33892:'practice of the transferring organization to price interorganizational transfersat other than cost for commercial work of the offeror orany division,',
33893:'subsidiary or affiliate of the offeror under a common control. end of provision 52.21631 timeandmaterials/laborhour proposal requirements—commercial acquisition. as prescribed',
33894:'in 16.601f3, insert the following provision: timeandmaterials/laborhour proposal requirements—commercial acquisition nov 2021 a thegovernment contemplatesaward of a timeandmaterials orlaborhour type',
33895:'of contractresulting from this solicitation. b the offeror must specify fixed hourly rates in its offer that include wages, overhead,',
33896:'general and administrative expenses, and profit. the offeror must specify whether the fixed hourly rate for each labor category applies',
33897:'to labor performed by 1 the offeror; 2 subcontractors; and/or 3 divisions, subsidiaries, or affiliates ofthe offeror under a common',
33898:'control. end of provision 52.2166 subpart 52.2 text of provisions and clauses 52.21632 52.21632 taskorder and deliveryorder ombudsman. as prescribed',
33899:'in 16.506j, insert the following clause: taskorder and deliveryorder ombudsman sept 2019 a in accordance with 41 u.s.c. 4106g, the',
33900:'agency has designated the following taskorder and deliveryorder ombudsman for this contract. the ombudsman must review complaints from the contractor',
33901:'concerning all taskorder and deliveryorder actions for this contract and ensure the contractor isafforded a fair opportunityforconsideration inthe award of',
33902:'orders, consistent with the procedures in the contract. [contracting officer to insert name, address, telephone number, and email address for',
33903:'the agency ombudsman or provide the url address where this information may be found.] b consulting an ombudsman does not',
33904:'alter or postpone the timeline for any other process e.g., protests. c before consulting with the ombudsman, the contractor is',
33905:'encouraged to first address complaints with the contracting officer for resolution. when requested by thecontractor, the ombudsman may keep theidentity',
33906:'of the concerned party or entity confidential, unless prohibited by law or agency procedure. end of clause alternate i sept',
33907:'2019. as prescribed in 16.506 j, add the following paragraph d to the basic clause. d contracts used by multiple',
33908:'agencies. 1 this is a contract that is used by multiple agencies. complaints from contractors concerning orders placed under contracts',
33909:'used by multiple agencies are primarily reviewed by the taskorder and deliveryorder ombudsman for the ordering activity. 2 the ordering',
33910:'activity has designated the following taskorder and deliveryorder ombudsman for this order: [the ordering activitys contracting officer to insert the',
33911:'name, address, telephone number, and email address for the ordering activitys ombudsman or provide the url address where this information',
33912:'may be found.] 3 before consulting with thetaskorder and deliveryorder ombudsmanforthe ordering activity, the contractor is encouraged to first address',
33913:'complaints with the ordering activitys contracting officer for resolution. when requestedby the contractor, the taskorder and deliveryorderombudsman for theorderingactivity may',
33914:'keep theidentityof the concerned party or entity confidential, unless prohibited by law or agency procedure. 52.2167 this page intentionally left',
33915:'blank. 52.2168 subpart 52.2 text of provisions and clauses 52.2172 52.217[reserved] 52.2171 [reserved] 52.2172 cancellation under multiyear contracts. as prescribed',
33916:'in 17.109a, insert the following clause: cancellation under multiyear contracts oct 1997 a cancellation, as used in this clause, means',
33917:'that the government is canceling its requirements for all supplies or services in program years subsequent to that in which',
33918:'notice of cancellation is provided. cancellation shall occur by the date or within the time period specified inthe schedule, unless',
33919:'alater dateis agreedto, if the contracting officer 1 notifies the contractor that funds are not available for contract performance for',
33920:'any subsequent program year; or 2 fails to notify the contractor that funds are available for performance of the succeeding',
33921:'program year requirement. b except for cancellation under this clause or termination under the default clause, any reduction by the',
33922:'contracting officer in the requirements ofthiscontract shall be considered a terminationunder thetermination for convenienceof the government clause. c if cancellation',
33923:'under this clause occurs, the contractor will be paid a cancellation chargenot over the cancellation ceiling specified in the schedule',
33924:'as applicable at the time of cancellation. d the cancellation charge willcover only 1 costs i incurred by the contractor',
33925:'and/or subcontractor; ii reasonably necessary for performance of the contract; and iii that would have been equitably amortized over the',
33926:'entire multiyear contract period but, because of the cancellation, are not so amortized; and 2 a reasonable profit or fee',
33927:'on the costs. e thecancellation chargeshallbe computed and the claim made for it asif the claim were being made under',
33928:'the terminationforconvenience of the government clauseof this contract. the contractor shall submit the claim promptly but no later than 1',
33929:'year from the date 1 of notification of the nonavailability of funds; or 2 specified in the schedule by which',
33930:'notification of the availability of additional funds for the next succeeding program year isrequired to be issued,whichever isearlier, unless extensionsin',
33931:'writingare granted bythe contracting officer. f the contractor’s claimmay include 1 reasonable nonrecurring costs see subpart 15.4 of the federal',
33932:'acquisition regulation which are applicable to and normally would have been amortized in all supplies or services which are multiyear',
33933:'requirements; 2 allocable portions of the costs of facilities acquired or established for the conduct of the work, to the',
33934:'extent that it is impracticable for thecontractor to use the facilities in its commercial work, and if the costsare not',
33935:'charged tothe contract through overhead or otherwise depreciated; 3 costs incurred for the assembly, training,andtransportation to andfrom the job site',
33936:'ofa specialized work force; and 4 costs not amortized solely because the cancellation had precluded anticipated benefits of contractor or',
33937:'subcontractor learning. g the claim shall not include 1 labor, material, or otherexpenses incurred by the contractor or subcontractors for',
33938:'performance of the canceled work; 2 any cost already paid to the contractor; 3 anticipated profit or unearned fee on',
33939:'the canceled work; or 4 for service contracts, the remaining useful commercial life of facilities. useful commercial life means the',
33940:'commercial utility of the facilities rather than their physical life with due consideration given to such factors as location of',
33941:'facilities, their specialized nature, and obsolescence. h this contract may include an option clause with the period for exercising the',
33942:'option limited to the date in the contract for notificationthat funds areavailable for the next succeeding program year. if so,',
33943:'the contractor agrees not to include in option quantities any costs of a startup or nonrecurring nature that have been',
33944:'fully set forth in the contract. the contractor 52.2169 52.2173 federal acquisition regulation further agrees that the option quantities will',
33945:'reflect only those recurring costs and a reasonable profit or fee necessary to furnish the additional option quantities. i quantities',
33946:'added to the original contract through the option clause of this contract shall be included in the quantity canceled for',
33947:'the purpose of computing allowablecancellation charges. end of clause 52.2173 evaluation exclusive of options. as prescribed in 17.208a, insert a',
33948:'provision substantially the same as in the following in solicitations when the solicitation includes an option clause and does not',
33949:'include one of the provisions prescribed in 17.208b or c: evaluation exclusive of options apr 1984 the government will evaluate',
33950:'offers for awardpurposesby including only the priceforthe basic requirement; i.e., options will not be included in the evaluation for award',
33951:'purposes. end of provision 52.2174evaluation of optionsexercisedat time of contract award. as prescribed in 17.208b, insert a provision substantially the',
33952:'same as the following: evaluation of options exercised at time of contract award june 1988 except when it isdetermined in',
33953:'accordancewith far 17.206b not to be in thegovernment’s best interests, the government will evaluate the total price for the basic',
33954:'requirement together with any options exercised at the time of award. end of provision 52.2175 evaluation of options. as prescribed',
33955:'in 17.208c, insert a provision substantially the same as the following: evaluation of options july 1990 except when it isdetermined',
33956:'in accordancewith far 17.206b not to be in thegovernment’s best interests, the government will evaluate offers for award purposes by',
33957:'adding the total price for all options to the total price for the basic requirement. evaluation of options will not',
33958:'obligate the government to exercise the options. end of provision 52.2176option for increasedquantity. as prescribed in 17.208d, insert a clause',
33959:'substantially the same as the following: option for increased quantity mar 1989 the government may increase the quantity of supplies',
33960:'called for in the schedule at the unit price specified. the contracting officermay exercise the option bywritten notice to the',
33961:'contractor within [insert in the clause the period of time in which the contracting officer has to exercise the option].',
33962:'delivery of the added items shall continue at the same rate as the like items called for under the contract,',
33963:'unless the parties otherwise agree. end of clause 52.2177option for increasedquantityseparately pricedline item. as prescribed in 17.208e, insert a clause',
33964:'substantially the same as the following: 52.2170 subpart 52.2 text of provisions and clauses 52.21710 option for increased quantityseparately priced',
33965:'line item mar 1989 the government may require the delivery of the numbered line item, identified in the schedule as',
33966:'an option item, in the quantity and at the price stated in the schedule. the contracting officer may exercisethe option',
33967:'by written noticeto the contractor within [insert in the clause the period of time in which the contracting officer has',
33968:'to exercise the option]. delivery of added items shall continue at the same rate that like items are called for',
33969:'under the contract, unless the parties otherwise agree. end of clause 52.2178 option to extend services. as prescribed in 17.208f,',
33970:'insert a clause substantially the same as the following: option to extend services nov 1999 the government may require continued',
33971:'performance of any services within the limits and at the rates specified in the contract. these rates may be adjusted',
33972:'only as a result of revisions to prevailing labor rates provided by the secretary of labor. the option provision maybe',
33973:'exercised more than once, but the total extension ofperformance hereunder shall not exceed 6 months. thecontracting officer may exercise the',
33974:'option by writtennotice to the contractor within [insert the period of time within which the contracting officer may exercise the',
33975:'option]. end of clause 52.2179option toextend the term of the contract. as prescribed in 17.208g, insert a clause substantially the',
33976:'same as the following: option to extend the term of the contractmar 2000 a the government may extend the term',
33977:'of this contract by written notice to the contractor within [insert the period of time within which the contracting officer',
33978:'may exercise the option]; provided that the government gives the contractor a preliminary written notice of its intent to extend',
33979:'at least days[60days unless a different number of days is inserted] before the contract expires. the preliminary notice does not',
33980:'commit the government to an extension. b if the government exercises this option, the extended contract shall be considered to',
33981:'include this option clause. c the total duration of this contract, including the exercise of any options under this clause,',
33982:'shall not exceed months years. end of clause 52.21710 reverse auction as prescribed in 17.806a, insert the following provision: reverse',
33983:'auction aug 2024 a definitions. as used in this provision— reverse auction means the process for obtaining pricing, usuallysupported by',
33984:'anelectronic tool,in which offerors see competing offerors prices, withoutdisclosure of the competing offerors identity,andhavethe opportunityto submit lower priced offersuntil the',
33985:'close ofthe auction. reverse auction service provider means a commercial or government entity that provides a means for conducting reverse',
33986:'auctions when acquiring supplies or services to be used by the government. b reverse auction. the government intends to conduct',
33987:'a reverse auction under this solicitation to award a contract or blanket purchase agreement. c offeror agreement. by submissionof aquote',
33988:'orproposal in response to the solicitation,the offeror agreesto participate inthe reverse auction and agreesthat the government may reveal toallofferors theoffered',
33989:'prices in the auction, 52.2171 52.21711 federal acquisition regulation without revealing any offerors identity, except for theawardees identity subsequent toan',
33990:'award resulting from the auction. the offeror maywithdraw its agreement to further participate in the process bywithdrawing its offer before',
33991:'the close of the auction by notifying the contractingofficer via the contact method identified in the solicitation. d only one',
33992:'offer. if the reverseauction produces only one offer,the government reserves the right to cancel theauction. e release of information. the',
33993:'government may use a reverse auction service provider to conduct the reverse auction. any price or proposal information or source',
33994:'selection information received by the reverse auction service provider in relation to the reverse auction shall not be released, outside',
33995:'of the government, unless otherwiserequired by law. however, this does not prevent the government from revealing to all offerors the',
33996:'offered prices inthe auction, without revealinganyofferors identity. priceor proposal information includes, but is not limited to— 1 contractor bid or',
33997:'proposal information, as defined at federal acquisition regulation 3.1041; and 2 information identified bythe offeror as restricted fromduplication, use, ordisclosure—in',
33998:'whole or in part—for any purpose otherthan to evaluate the offerors priceor proposal. end of provision 52.21711 reverse auction—orders. as',
33999:'prescribed in 17.806b, insert the following clause: reverse auction—orders aug 2024 a definitions. as used in this clause— reverse auction',
34000:'means the process for obtaining pricing, usuallysupported by anelectronic tool,in which offerors see competing offerors prices, withoutdisclosure of the competing',
34001:'offerors identity,andhavethe opportunityto submit lower priced offersuntil the close ofthe auction. reverse auction service provider means a commercial or government',
34002:'entity that provides a means for conducting reverse auctions when acquiring supplies or services to be used by the government.',
34003:'b reverse auction. the contracting officer mayconduct a reverse auction to awardan orderunder this contract or blanket purchase agreement. c',
34004:'contractor agreement. when a reverse auction is conducted under this contract or blanket purchase agreement, the following applies: 1 the',
34005:'contractors or blanket purchase agreement holders submission of a quote or proposal in response to the solicitation for an order',
34006:'constitutes agreement to participate in the auction. 2 the contractor agreesthat the government may reveal toallofferors theoffered prices in the',
34007:'auction, without revealingany offerors identity, except for the awardees identity subsequent to an award resulting from the auction. 3 the',
34008:'contractor or blanket purchase agreement holder may withdraw its agreement to further participate in the reverse auction by withdrawing its',
34009:'offer. to withdraw an offer made in response to areverse auctionsolicitation issued under this contract or blanket purchase agreement, the',
34010:'contractor or blanket purchase agreement holder shall notify the contracting officer of therequest before the closeof the auction via the',
34011:'contact method identifiedin the solicitation. 4 if the reverse auction produces only one offer, thegovernment reserves the right to cancel',
34012:'the auction. d release of information. the government may use a reverse auction service provider to conduct the reverse auction.',
34013:'any price or proposal information or source selection information received by the reverse auction service provider in relation to the',
34014:'reverse auction shall not be released, outside of the government, unless otherwiserequired by law. however, this does not prevent the',
34015:'government from revealing to all contractors or blanketpurchase agreement holders the offered prices in theauction, withoutrevealing any contractor or blanket',
34016:'purchase agreement holders identity. priceor proposalinformation includes, but is not limited to— 1 contractor bid or proposal information, as defined',
34017:'at federal acquisition regulation 3.1041; 2 price or proposal information similarly generated for a task order or delivery order or',
34018:'an order under a blanket purchase agreement; and 3 information identified by the contractor or blanket purchase agreement holder as',
34019:'restricted from duplication, use, or disclosure—in whole or in part—for any purpose other than to evaluate the contractor or blanket',
34020:'purchase agreement holders price or proposal. end of clause 52.2172 subpart 52.2 text of provisions and clauses 52.21712 52.21712 reverse',
34021:'auction services. as prescribed in 17.806c, insert the following clause: reverse auction services aug 2024 a definitions. government data means',
34022:'any information, document, media, or machinereadable material regardless of physical form or characteristics,that iscreatedor obtained by the government, in the',
34023:'course of official government business. governmentrelated data means any information, document, media, or machinereadable material regardless of physical form or',
34024:'characteristics that is created or obtained by a contractor through the storage, processing, or communication of government data. this does',
34025:'not include a contractors business records e.g., financial records, legal records, etc. or data such as operating procedures, software coding,',
34026:'or algorithms that are not uniquely applied to the government data. reverse auction means the process for obtaining pricing, usuallysupported',
34027:'by anelectronic tool,in which offerors see competing offerors prices, withoutdisclosure of the competing offerors identity,andhavethe opportunityto submit lower priced offersuntil',
34028:'the close ofthe auction. b duties of the reverse auction service provider. when providing reverse auction services to the government,',
34029:'the contractor shall— 1 not assert or imply that it can or will obtain a government contract for the participants',
34030:'of a reverse auction; 2 allow entities to register, atno cost, aspotentialofferorsforany reverse auction conducted on behalf of the government',
34031:'on the providers reverse auction platform. as part of the registration process, the contractor shall allow each entity the opportunity',
34032:'to execute a proprietary data protection agreementwith the contractor; however, the contractor shall not negotiate terms inthe agreement that affect',
34033:'the terms and conditions of a government solicitation or contract; 3 limit access to, use of, and disclosure of government',
34034:'data and governmentrelated data. i the contractor shall not access, use, or disclose government data unless specifically authorized by the',
34035:'terms of this contract or a task orderor delivery order issued hereunder. iiif authorized by the termsof this contract or',
34036:'a taskorder or delivery orderissuedhereunder, any access to, or use or disclosure of, government data shall only be for purposes',
34037:'specified inthiscontract or taskorder or delivery order. iii the contractor shall ensure that its employees are subject to all such',
34038:'access, use, and disclosure prohibitions and obligations. iv these access, use, and disclosure prohibitions and obligations shall survive the expiration',
34039:'or termination of this contract. v the contractor shall notify the contracting officer promptly of any requests from athird partyforaccess',
34040:'to government data or governmentrelated data, including any warrants, seizures, or subpoenas it receives, including those from another federal,state,or local',
34041:'agency. the contractorshallcooperate with the contracting officer to take allmeasures to protect government data and governmentrelated data from any unauthorized',
34042:'disclosure. 4 assert no right or license in the data gathered or generated during a reverse auction. use governmentrelated data',
34043:'only to manage the operational environment that supports the government data and for no other purpose unless otherwise permitted with',
34044:'the prior writtenapproval of the contracting officer. 5 protect from unauthorized use or disclosure and not release outside of the',
34045:'government any price or proposal information or any sourceselection information see federal acquisitionregulation far 2.101 received by the contractor in',
34046:'relation to a reverse auction. price or proposal information shall include, but is not limited to— icontractor bidor proposalinformation, as',
34047:'defined at far 3.1041; ii price or proposal information similarly generated for a task order or delivery order or an',
34048:'order under a blanket purchase agreement; and iii information identified by the reverse auction participant as restricted from duplication, use,',
34049:'or disclosure—in whole or in part—for any purpose other than to evaluate the reverse auction participants price or proposal; 6',
34050:'allow offerors to see the successive lowestprices offered in theauction withoutrevealing anofferorsidentity; 7 not participate as an offeror inanyreverse auction,',
34051:'which the contractor is hostingon behalfof the government. this prohibition includes participation in a reverse auction by any entity with',
34052:'which the contractor has a relationship that raises an actual or potential conflict of interest; 8 at the close of',
34053:'each auction— iprovide the contracting officer with the successful offer, along with information thatseparately identifies the offerors price and the',
34054:'price for each provider fee or charge includedin the total price;and 52.2173 federal acquisition regulation iiprovidethe contracting officerwith all information',
34055:'and documentation receivedfrom reverse auction participants in response to the reverse auction. end of clause 52.218[reserved] 52.2174 subpart 52.2 text',
34056:'of provisions and clauses 52.2191 52.219[reserved] 52.2191small business programrepresentations. as prescribed in 19.309a1, insert the following provision: small business program',
34057:'representations feb 2024 a definitions. as used in this provision economically disadvantaged womenowned small business edwosb concern means a small',
34058:'business concern that is at least51 percent directly andunconditionally owned by,andthe management and dailybusinessoperations ofwhich arecontrolled by,oneor more women who',
34059:'arecitizens of the unitedstates and whoare economically disadvantaged in accordance with 13 cfr part 127, and the concern is certified',
34060:'by sba or an approved thirdparty certifier in accordance with 13 cfr 127.300. it automatically qualifies as a womenowned small',
34061:'business concern eligible under the wosb program. servicedisabled veteranowned small business sdvosb concern means a small business concern 1 inotlessthan51percentofwhichisownedandcontrolledbyoneormoreservicedisabledveteransor,inthe',
34062:'case of any publicly owned business, not less than 51 percent of the stock of which is owned by one',
34063:'or more servicedisabled veterans; and ii the management and daily business operations of which are controlled by one or more',
34064:'servicedisabled veterans or, in the case of a servicedisabledveteran with permanent and severe disability, the spouse or permanent caregiver of',
34065:'such veteran or; 2 a small business concern eligible under the sdvosb program in accordance with 13 cfr part 128',
34066:'see subpart 19.14. 3 servicedisabled veteran, as used in this definition, means a veteran as defined in 38 u.s.c. 1012,',
34067:'with a disability that is serviceconnected, as defined in 38 u.s.c. 10116, with a disability that is serviceconnected, as defined',
34068:'in 38 u.s.c. 10116, and who is registered in the beneficiary identification and records locator subsystem, or successor system that',
34069:'is maintained by the department of veterans affairs’ veterans benefits administration, as a servicedisabled veteran. servicedisabled veteranowned small business sdvosb',
34070:'concern eligible under the sdvosb program means an sdvosb concern that— 1 effective january 1,2024, is designated inthe system for',
34071:'award management sam ascertifiedby the small business administration sba in accordance with 13 cfr 128.300; or 2 has represented that',
34072:'it is an sdvosb concern in sam and submitted a complete application for certification to sba on or before december',
34073:'31, 2023. servicedisabled veteranowned small business sdvosb program means a program that authorizes contracting officers to limit competition, including award',
34074:'on a solesource basis, to sdvosb concerns eligible under the sdvosb program. small business concern— 1 means a concern, including',
34075:'itsaffiliates, that is independently owned and operated, not dominant inits field of operation, and qualified as a small business under',
34076:'the criteria in 13 cfr part 121 and the size standard in paragraph b of this provision. 2 affiliates, as',
34077:'used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control',
34078:'the others, or a third party or parties control or have the power to control the others. in determining whether',
34079:'affiliationexists, consideration is given to all appropriate factors including commonownership, commonmanagement, and contractualrelationships. sbadeterminesaffiliation based onthe factors setforth at 13',
34080:'cfr121.103. small disadvantaged business concern, consistent with 13 cfr 124.1001, means a small business concern under the size standard applicable',
34081:'to the acquisition, that 1 is at least 51 percent unconditionally and directly owned as defined at 13 cfr 124.105',
34082:'by i one or more socially disadvantaged as defined at 13 cfr 124.103 and economically disadvantaged as defined at 13',
34083:'cfr 124.104 individuals who are citizens of the united states, and ii each individual claiming economic disadvantage has a net',
34084:'worth not exceeding the threshold at 13 cfr 124.104c2 after taking into account the applicable exclusions set forth at 13',
34085:'cfr 124.104c2; and 2 the management and daily business operations of which are controlled as defined at 13 cfr 124.106',
34086:'by individuals who meet the criteria in paragraphs 1i and ii of this definition. veteranowned small business concern means a',
34087:'small business concern 52.2175 52.2191 federal acquisition regulation 1 not less than 51 percent of which is owned by one',
34088:'or more veterans as defined at 38 u.s.c.1012 or, in thecase of any publicly owned business, not less than 51',
34089:'percent of the stock of which is owned by one or more veterans; and 2 the management and daily business',
34090:'operations of which are controlled by one or more veterans. womenowned small business concern means a small business concern 1',
34091:'that is atleast 51 percent owned by one or more women; or, inthe case of any publicly owned business, at',
34092:'least 51 percent of the stock of which is owned by one or more women; and 2 whose management and',
34093:'daily business operations are controlled by one or more women. womenowned small business wosb concern eligible under the wosb program',
34094:'in accordance with 13 cfr part 127 meansa small businessconcern that is atleast 51 percent directly and unconditionally owned by,',
34095:'and the managementand daily business operations of which are controlled by, one or more women who are citizens of the',
34096:'united states,and the concern is certified by sba or an approved thirdparty certifier in accordance with 13 cfr 127.300. b',
34097:'1 the north american industry classification system naics code for this acquisition is [insert naics code]. 2 the small business',
34098:'size standard is [insert size standard]. 3 the small businesssize standardfora concern that submits anoffer, other than ona construction or',
34099:'service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce i.e., nonmanufacturer,',
34100:'is 500 employees, or 150 employees for information technology valueadded resellers under naics code 541519, if the acquisition— i is',
34101:'set aside for small business and has a value above the simplified acquisition threshold; iiuses the hubzoneprice evaluation preference regardlessof',
34102:'dollar value, unless the offeror waives the price evaluation preference; or iii is an 8a, hubzone, servicedisabled veteranowned, economically disadvantaged',
34103:'womenowned, or women owned small business setaside or solesource award regardless of dollar value. c representations. 1 the offeror represents',
34104:'aspart of its offerthat— i it □ is, □ is not a small business concern; or ii it □ is,',
34105:'□ is not a small business joint venture that complies with the requirements of 13 cfr 121.103h and 13 cfr',
34106:'125.8a and b. [ the offeror shall enter the name and unique entity identifier of each party to the joint',
34107:'venture: .] 2 [complete only if the offeror represented itself as a small business concern in paragraph c1 of this',
34108:'provision.] the offeror represents that it □ is, □ is not, a small disadvantaged business concern as defined in 13',
34109:'cfr 124.1001. 3 [complete only if the offeror represented itself as a small business concern in paragraph c1 of this',
34110:'provision.] the offeror represents as part of its offerthat it □ is, □ is not a womenowned small business concern.',
34111:'4 womenowned small business wosb joint venture eligible under the wosb program. the offeror represents as part ofits offer that',
34112:'it □ is, □ is not a joint venture that complies with the requirements of 13 cfr 127.506a through c.',
34113:'[ the offeror shall enter the name and unique entity identifier of each party to the joint venture: .] 5',
34114:'economically disadvantaged womenowned small business edwosb joint venture. the offeror representsas part of its offer thatit □ is, □ is',
34115:'not a joint venture that complies with the requirements of 13 cfr 127.506a through c. [ the offeror shall enter',
34116:'the name and unique entity identifier of each party to the joint venture: .] 6 veteranowned small business concern. [complete',
34117:'only if the offeror represented itself as a small business concern in paragraph c1 of this provision.] the offeror represents',
34118:'as partof its offer that it □ is, □ is not a veteranowned small business concern. 7 sdvosb concern. [complete',
34119:'only if the offeror represented itself as a veteranowned small business concern in paragraph c6 of this provision.] the offeror',
34120:'representsas part of its offer that it □ is, □ is not an sdvosb concern. 8 sdvosb joint venture eligible',
34121:'under the sdvosb program. [complete only if the offeror represented itself as a sdvosb concern in paragraph c7 of this',
34122:'provision]. theofferor represents aspart of itsoffer that it □ is, □ is not a sdvosb joint venture eligible under the',
34123:'sdvosb program that complies with the requirements of 13 cfr 128.402. [ the offeror shall enter the name and unique',
34124:'entity identifier of each party to the joint venture:.] 9 hubzone small business concern. [complete only if the offeror represented',
34125:'itself as a small business concern in paragraph c1 of this provision.] the offeror represents, aspart of itsoffer, that— i',
34126:'it □ is, □ is not a hubzone small business concern listed, on the date of this representation, as having',
34127:'been certified by sba as a hubzone small business concern in the dynamic small business search and sam, and will',
34128:'attempt to maintain an employment rate of hubzone residents of 35 percent of its employees during performance of a hubzone',
34129:'contract see 13 cfr 126.200e1; and 52.2176 subpart 52.2 text of provisions and clauses 52.2191 ii it □ is, □',
34130:'is not a hubzone joint venture that complies with the requirements of 13 cfr 126.616a through c. [ the offeror',
34131:'shall enter the name and unique entity identifier of each party to the joint venture: .] each hubzone small business',
34132:'concern participating in the hubzone joint venture shall provide representation of its hubzone status. d notice. under 15 u.s.c. 645d,',
34133:'any person whomisrepresents a firm’s status as a business concern that is small, hubzone small, small disadvantaged, servicedisabled veteranowned small,',
34134:'economically disadvantaged womenowned small, or womenowned small eligible under the wosb program in order to obtain a contract to be',
34135:'awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the small business act',
34136:'or any other provision of federallawthat specifically references section 8d for a definition of program eligibility, shall 1 be punished',
34137:'by imposition of fine, imprisonment, or both; 2 be subject to administrative remedies, including suspension and debarment; and 3 be',
34138:'ineligible for participation in programs conducted under the authority of the act. end of provision alternate i feb 2024. as',
34139:'prescribed in 19.309a2 add the following paragraph c10 to the basic provision: 10 [complete if offeror represented itself as disadvantaged',
34140:'in paragraph c2 of this provision.] the offeror shall check the category in which its ownership falls: □ black american.',
34141:'□ hispanic american. □ native american american indians, eskimos, aleuts, or native hawaiians. □ asianpacific american persons with origins from',
34142:'burma, thailand, malaysia, indonesia, singapore, brunei, japan, china,taiwan, laos,cambodiakampuchea, vietnam,korea, the philippines, republicof palau, republic of themarshall islands, federated states',
34143:'of micronesia, the commonwealth of the northern mariana islands, guam, samoa, macao, hong kong, fiji, tonga, kiribati, tuvalu, or nauru.',
34144:'□ subcontinent asian asianindian american persons with origins from india, pakistan, bangladesh, sri lanka, bhutan, the maldives islands, or nepal.',
34145:'□ individual/concern, other than one of the preceding. alternate ii mar 2023. as prescribed in 19.309 a3, substitute the following',
34146:'paragraphs b and c1 for paragraphs b and c1 of the basic provision: b1 the north american industry classification system',
34147:'naics codes and corresponding size standards for this acquisition are as follows; the categories or portions these naics codes are',
34148:'assigned to are specified elsewhere in the solicitation: naics code size standard [contracting officer to insert naics codes and size',
34149:'standards]. 2 the small businesssize standardfora concern that submits anoffer, other than ona construction or service acquisition, but proposes to',
34150:'furnish an end item that it did not itself manufacture, process, or produce i.e., nonmanufacturer, is 500 employees, or 150',
34151:'employees for information technology valueadded resellers under naics code 541519, if the acquisition— i is set aside for small business',
34152:'and has a value above the simplified acquisition threshold; iiuses the hubzoneprice evaluation preference regardlessof dollar value, unless the offeror',
34153:'waives the price evaluation preference; or iii is an 8a, hubzone, servicedisabled veteranowned, economically disadvantaged womenowned, or women owned small',
34154:'business setaside or solesource award regardless of dollar value. c representations. 1 theofferor shall representits small business size status for',
34155:'each one of the naicscodes assigned to this acquisition under which it issubmittingan offer. 52.2177 52.2192 federal acquisition regulation naics',
34156:'code small business concern yes/no [contracting officer to insert naics codes.] 52.2192 equal low bids. as prescribed in 19.309b, insert',
34157:'the following provision: equal low bidsoct 1995 a this provision applies to small business concerns only. b the bidder’sstatus as',
34158:'a labor surplus area lsa concern may affectentitlementto award in case of tie bids. if the bidder wishes to be',
34159:'considered for this priority, the bidder must identify, inthe following space, the lsa in which the coststo be incurred on',
34160:'account of manufacturing or production by the bidder or the firsttier subcontractors amount to more than 50 percent of the',
34161:'contract price. c failure to identify the labor surplus areas as specified in paragraph b of this provision will preclude',
34162:'the bidder from receiving priority consideration. if the bidder is awarded a contract as a result of receiving priority consideration',
34163:'under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract',
34164:'to be performed in accordance with the obligations of an lsa concern. end of provision 52.2193notice of hubzone setaside or',
34165:'solesource award. as prescribed in 19.1309a, insert the following clause: notice of hubzone setaside or solesource award oct 2022 a',
34166:'definitions. hubzone small business concern, as used in this clause, means a small business concern, certified by the small business',
34167:'administration sba, that appears on the list of qualified hubzone small business concerns maintained by the sba 13 cfr 126.103.',
34168:'b applicability. this clause applies only to 1 contracts that have been set aside or awarded on a solesource basis',
34169:'to, hubzone small business concerns; 2 part or parts of a multipleaward contract that have been set aside for hubzone',
34170:'small business concerns; 3 orders set aside for hubzone small business concerns under multipleaward contracts as described in 8.4055 and',
34171:'16.505b2if; and 4 orders issued directly to hubzone small business concerns under multipleaward contracts as described in 19.504c1ii. c general.',
34172:'1 offers are solicited only from hubzonesmallbusiness concerns. offers received from concernsthat are not hubzone small business concerns will not',
34173:'be considered. 2 any award resulting from this solicitation will be made to a hubzone small business concern. d joint',
34174:'venture. a joint venture may be considered a hubzone concern if— 1 at least one party to the joint venture',
34175:'is a hubzone small business concern and complies with 13 cfr 126.616c; and 2 each party to the joint venture',
34176:'qualifies as small under the size standard for the solicitation, or the protégé is small under the size standard for',
34177:'the solicitation in a joint venture comprised of a mentor and protégé with an approved mentor protégé agreement under the',
34178:'sba mentorprotégé program. 52.2178 subpart 52.2 text of provisions and clauses 52.2196 e a hubzone joint venture agrees that, in',
34179:'the performance of the contract, at least 40 percent of the aggregate work performed by the joint venture shall be',
34180:'completed by the hubzone small business partiesto thejoint venture. work performed by the hubzone small business party or parties to',
34181:'the joint venture must be more than administrative functions. end of clause 52.2194notice of priceevaluation preference forhubzone smallbusiness concerns. as',
34182:'prescribed in 19.1309b, insert the following clause: notice of price evaluation preference for hubzone small business concerns oct 2022 a',
34183:'evaluation preference. 1offerswillbeevaluatedbyaddingafactorof10percenttothepriceofalloffers,except ioffersfrom hubzone small business concerns thathavenot waived theevaluation preference; and iiotherwisesuccessfuloffers from small business concerns. 2 the',
34184:'factor of 10 percent shall be applied on a line item basis or to any group of items on which',
34185:'award may be made. otherevaluation factors described in the solicitation shall be applied beforeapplication of the factor. 3 when the',
34186:'two highest ratedofferorsare a hubzone smallbusinessconcern and a large business, and the evaluated offer ofthe hubzone small business concern isequal',
34187:'to the evaluated offerof the large business after considering the price evaluation preference, award will be made to the hubzone',
34188:'small business concern. b waiver of evaluation preference. a hubzone small business concern may elect to waive the evaluation preference,',
34189:'in which case the factor will beadded to its offer for evaluation purposes. □ offeror electsto waive the evaluation preference.',
34190:'c joint venture. a hubzone joint venture agrees that, in the performance of the contract, at least 40 percent of',
34191:'the aggregate work performed by the joint venture shall be completed by the hubzone small business parties to the joint',
34192:'venture. work performed by thehubzone small businessparties to the joint venture must be more than administrative functions. end of clause',
34193:'52.2195 [reserved] 52.2196notice of total small business setaside. as prescribed in 19.507c, insert the following clause: notice of total small',
34194:'business setaside nov 2020 a definition. small business concern, as used in this clause— 1 means a concern, including itsaffiliates,',
34195:'that is independently owned and operated, not dominant inthe field of operation in which it is bidding on government contracts,',
34196:'and qualified as a small business under the size standards in this solicitation. 2 affiliates, as used in paragraph a1',
34197:'of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the',
34198:'others, or a third party or parties control or have the power to control the others. in determining whether affiliation',
34199:'exists, consideration is givento all appropriate factors including common ownership, common management, and contractual relationships. sba determines affiliation basedon the',
34200:'factorsset forthat 13cfr 121.103. b applicability. this clause applies only to 1 contracts that have been totally set aside for',
34201:'small business concerns; and 2 orders set aside for small business concerns under multipleaward contracts as described in 8.4055 and',
34202:'16.505b 2if. 52.2179 52.2197 federal acquisition regulation c general. 1 offersare solicited onlyfrom small businessconcerns. offers received fromconcerns that are',
34203:'notsmall business concerns shall be considered nonresponsive and will be rejected. 2 any award resulting from this solicitation will be',
34204:'made to a small business concern. end of clause alternate i mar 2020 . as prescribed in 19.507c, substitute the',
34205:'following paragraph c for paragraph c of the basic clause: c general.1 offers aresolicited only from small business concerns and',
34206:'federal prison industries, inc. fpi. offers received from concerns that are not small business concerns or fpi shall be considered',
34207:'nonresponsive and will be rejected. 2 any award resulting from this solicitation will be made to either a small business',
34208:'concern or fpi. 52.2197 notice of partial small business setaside. as prescribed in 19.507d, insert the following clause: notice of',
34209:'partial small business setaside nov 2020 a definition. small business concern, as used in this clause— 1 means a concern,',
34210:'including itsaffiliates, that is independently owned and operated, not dominant inthe field of operation in which it is bidding on',
34211:'government contracts, and qualified as a small business under the size standards in this solicitation. 2 affiliates, as used in',
34212:'paragraph a1 of this clause, means business concerns, one of whom directly or indirectly controls or has the power to',
34213:'control the others, or a third party or parties control or have the power to control the others. in determining',
34214:'whether affiliation exists, consideration is givento all appropriate factors including common ownership, common management, and contractual relationships. sba determines affiliation',
34215:'basedon the factorsset forthat 13cfr 121.103. b applicability. this clause applies only to contracts that have been partially set aside',
34216:'for small business concerns. c general. 1 a portion of this requirement, identified elsewhere in this solicitation, has been set',
34217:'aside for award to one or more small business concerns identified in 19.000a3. offers received fromconcerns that do not qualify',
34218:'as small business concerns shall be considered nonresponsive and shall be rejected on the setaside portion of the requirement. 2',
34219:'small business concerns may submitoffers and compete for thenonsetaside portion and the setaside portion. d the offeror shall— [contracting officer',
34220:'check as appropriate.] □ submit a separate offer for each portion of the solicitation for which it wants to compete',
34221:'i.e. setaside portion, nonsetaside portion, or both; or □ submit one offer toinclude all portions for which it wantsto compete.',
34222:'e partial setasides of multipleaward contracts. 1 small business concerns will not compete against other than small business concerns for',
34223:'any order issued under the part or parts of the multipleaward contract that are set aside. 2 small business concerns',
34224:'may compete for orders issued under the part or parts of the multipleaward contract that are not set aside, if',
34225:'the small business concern received a contract award for the nonsetaside portion. end of clause alternate i mar 2020 .',
34226:'as prescribed in 19.507d, add the following paragraph f to the basic clause: f notwithstanding paragraph c of this clause,',
34227:'offersfrom federal prisonindustries,inc., will be solicited and considered for both the setaside and nonsetaside portion of this requirement. 52.2198 utilization',
34228:'of small business concerns. as prescribed in 19.708a, insert the following clause: utilization of small business concerns feb 2024 a',
34229:'definitions. as used in this contract— 52.2180 subpart 52.2 text of provisions and clauses 52.2198 hubzone small business concern means',
34230:'a small business concern that meets the requirements described in 13 cfr 126.200, certified by the small business administration sba',
34231:'and designated by sba as a hubzone small business concern in the dynamic small business search dsbs and sam. servicedisabled',
34232:'veteranowned small business sdvosb concern means a small business concern— 1 inotlessthan51percentofwhichisownedandcontrolledbyoneormoreservicedisabledveteransor,inthe case of any publicly owned business, not less',
34233:'than 51 percent of the stock of which is owned by one or more servicedisabled veterans; and ii the management',
34234:'and daily business operations of which are controlled by one or more servicedisabled veterans or, in the case of a',
34235:'servicedisabledveteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or 2 a small business concern',
34236:'eligible under the sdvosb program in accordance with 13 cfr part 128 see subpart 19.14. 3 servicedisabled veteran, as used',
34237:'in this definition, means a veteran, as defined in 38 u.s.c.1012, with a disability that is serviceconnected, as defined in',
34238:'38 u.s.c.10116, and who is registered in the beneficiary identification and records locator subsystem, orsuccessorsystemthat ismaintained by the departmentof veterans',
34239:'affairs’ veterans benefits administration, as a servicedisabled veteran. servicedisabled veteranowned small business sdvosb concern eligible under the sdvosb program means',
34240:'an sdvosb concern that— 1 effective january 1,2024, is designated inthe system for award management sam ascertifiedby the small business',
34241:'administration sba in accordance with 13 cfr 128.300; or 2 has represented that it is an sdvosb concern in sam',
34242:'and submitted a complete application for certification to sba on or before december 31, 2023. servicedisabled veteranowned small business sdvosb',
34243:'program means a program that authorizes contracting officers to limit competition, including award on a solesource basis, to sdvosb concerns',
34244:'eligible under the sdvosb program. small business concern means a concern, including its affiliates, thatis independently owned and operated, not',
34245:'dominant in its field of operation and qualified as a small business under the criteria and size standards in 13',
34246:'cfr part 121, including the size standard that corresponds to the naics code assigned to the contrac t or subcontract.',
34247:'small disadvantaged business concern, consistent with 13 cfr 124.1001, means a small business concern under the size standard applicable to',
34248:'the acquisition, that 1 is at least 51 percent of which is owned and controlled as defined at 13 cfr',
34249:'124.105 by i one or more socially disadvantaged as defined at 13 cfr 124.103 and economically disadvantaged as defined at',
34250:'13 cfr 124.104 individuals who are citizens of the united states; and ii each individual claiming economic disadvantage has a',
34251:'net worth not exceeding the threshold at 13 cfr 124.104c2 after taking into account the applicable exclusions set forth at',
34252:'13 cfr 124.104c2; and 2 the management and daily business operations of which are controlled as defined at 13.cfr 124.106',
34253:'by individuals, who meet the criteria in paragraphs 1i and ii of this definition. veteranowned small business concern means a',
34254:'small business concern 1 not less than 51 percent of which is owned by one or more veterans as defined',
34255:'at 38 u.s.c.1012 or, in thecase of any publicly owned business, not less than 51 percent of the stock of',
34256:'which is owned by one or more veterans; and 2 the management and daily business operations of which are controlled',
34257:'by one or more veterans. womenowned small business concern means a small business concern 1 that is atleast 51 percent',
34258:'owned by one or more women, or, in the case of any publicly owned business,at least 51 percent of the',
34259:'stock of which is owned by one or more women; and 2 whose management and daily business operations are controlled',
34260:'by one or more women. b it is the policy of the united states that small business concerns, veteranowned small',
34261:'business concerns, service disabled veteranowned small business concerns, hubzone small business concerns, small disadvantaged business concerns, and womenowned small business',
34262:'concerns shall have the maximum practicable opportunity to participate in performing contracts let by anyfederal agency, including contractsand subcontracts for',
34263:'subsystems, assemblies, components, and related services for major systems. it is further the policy of the united states that its',
34264:'prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with',
34265:'small business concerns, veteranowned small business concerns, servicedisabled veteranowned small business concerns, hubzone small business concerns, small disadvantaged business concerns,',
34266:'and womenowned small business concerns. c 1 a joint venture qualifies as a small business concern if— 52.2181 52.2199 federal',
34267:'acquisition regulation i each party to the joint venture qualifies as small under the size standard for the solicitation; or',
34268:'ii the protégé is small under the size standard for the solicitation in a joint venture comprised of a mentor',
34269:'and protégé with an approved mentorprotégé agreement under a sba mentorprotégé program. see 13 cfr 125.9d.”; and 2 a joint',
34270:'venture qualifies as a hubzone small business concern if it complies with the requirements in 13 cfr 126.616a through c.',
34271:'d the contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent',
34272:'with efficient contract performance. the contractor further agreesto cooperate in any studies or surveys as may beconducted by the united',
34273:'states small business administration or the awarding agency of the united states as may be necessary to determine the extent',
34274:'of the contractors compliance with this clause. e 1 the contractor may accept a subcontractors written representations of its size',
34275:'and socioeconomic status as a small business, small disadvantaged business, veteranowned small business, servicedisabled veteranowned small business, or a womenowned',
34276:'small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and',
34277:'complete as of the date of the offer for thesubcontract. 2 the contractor may accept a subcontractors representations of its',
34278:'size and socioeconomic status as a small business, small disadvantaged business, veteranowned small business, servicedisabled veteranowned small business, or a',
34279:'womenowned small business in the system for award managementsam if– i the subcontractor is registered in sam; and ii the',
34280:'subcontractor represents that the size and socioeconomic status representations made in sam are current, accurate and complete as of the',
34281:'date ofthe offer for the subcontract. 3 the contractor may not require the use of sam for the purposes of',
34282:'representing size or socioeconomic status in connection with a subcontract. 4 in accordance with 13 cfr121.411, 126.900,127.700, and 128.600,a contractoracting',
34283:'in good faith isnot liable for misrepresentations made by its subcontractors regarding the subcontractors size or socioeconomic status. 5 the',
34284:'contractor shall confirm that a subcontractor representing itself as a hubzone small business concern is certified by sba as a',
34285:'hubzone small business concern by accessing sam or by accessing dsbs at https://web.sba.gov/ pronet/search/dspdsbs.cfm. if the subcontractor is a joint',
34286:'venture, the contractor shall confirm that at least one party to the joint venture is certified by sba as a',
34287:'hubzone small business concern. the contractor may confirm the representation by accessing sam. end of clause 52.2199 small business subcontracting',
34288:'plan. as prescribed in 19.708b, insert the following clause: small business subcontracting plan sep 2023 a this clause does not',
34289:'apply to small business concerns. b definitions. as used in this clause— alaska native corporation anc meansanyregional corporation, village corporation,',
34290:'urban corporation, or group corporation organized under the laws ofthe state ofalaskain accordance with thealaskanative claims settlement act, as amended',
34291:'43 u.s.c. 1601, et seq. and which is considered a minority and economically disadvantaged concern under the criteria at 43',
34292:'u.s.c. 1626e1. this definition also includes anc direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements',
34293:'of 43 u.s.c. 1626e2. commercial plan means asubcontractingplan including goals that covers the offeror’s fiscal year and that applies to',
34294:'the entire production of commercial products and commercial services sold by either the entire company or a portion thereof e.g.,',
34295:'division, plant, or product line. commercial product means a product that satisfies the definition of “commercial product” in federal acquisition',
34296:'regulation far 2.101. commercial service means a servicethat satisfies thedefinition of “commercial service” in far 2.101. electronic subcontracting reporting system',
34297:'esrs means the governmentwide, electronic, webbased system for small business subcontracting program reporting. the esrs is located at http://www.esrs.gov. indian',
34298:'tribe means any indiantribe, band, group, pueblo, or community,including native villages and native groups including corporations organized by kenai, juneau,',
34299:'sitka, and kodiak as definedin the alaska native claims settlement 52.2182 subpart 52.2 text of provisions and clauses 52.2199 act',
34300:'43 u.s.c. 1601 et seq., that is recognized by the federal government as eligible for services from the bureau of',
34301:'indian affairs in accordance with 25 u.s.c. 1452c. this definition also includes indianowned economic enterprises that meet the requirements of',
34302:'25 u.s.c. 1452e. individual subcontracting plan means a subcontracting plan that covers the entire contract period including option periods, applies',
34303:'to aspecific contract, and has goals that are based on the offerors planned subcontracting in support of the specific contract,',
34304:'except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.',
34305:'master subcontracting plan means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals,',
34306:'and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved. reduced payment means a',
34307:'payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions,forsupplies',
34308:'and services for whichthe government has paid the prime contractor. subcontract means any agreement other than one involving an employeremployee',
34309:'relationship entered into by a federal government prime contractor or subcontractor calling for supplies or services required for performance of',
34310:'the contract or subcontract. total contract dollars means the final anticipated dollar value, including the dollar value of all options.',
34311:'untimely payment means a payment to a subcontractor that is more than 90 days past due under the terms and',
34312:'conditions of a subcontract for supplies andservices for which the government has paid the prime contractor. c 1theofferor,uponrequestbythe contracting officer,',
34313:'shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteranowned small business, servicedisabled',
34314:'veteranowned small business, hubzone small business, small disadvantaged business, and womenowned small business concerns. if theofferoris submitting an individual subcontracting',
34315:'plan, the plan must separately address subcontracting with small business, veteranowned small business, servicedisabled veteranowned small business, hubzone small business,',
34316:'small disadvantaged business, and womenowned small business concerns, with a separate part for the basic contract and separate parts for',
34317:'each option if any. the subcontracting plan shall be included in and made a part of the resultant contract. the',
34318:'subcontracting planshallbe negotiated within thetime specified bythe contracting officer. failure to submitand negotiate the subcontracting planshallmake the offeror ineligible for',
34319:'awardof acontract. 2 i the contractor may accept a subcontractors written representations of its size and socioeconomic status as a',
34320:'small business, small disadvantaged business, veteranowned small business, servicedisabled veteranowned small business, or a womenowned small business if the subcontractor',
34321:'represents that the size and socioeconomic status representations with itsoffer are current,accurate, and complete as ofthe dateof the offer for',
34322:'the subcontract. ii the contractor may accept a subcontractors representations of its size and socioeconomic status as a small business,',
34323:'small disadvantaged business, veteranowned small business, servicedisabled veteranowned small business, or a womenowned small business in the system for award',
34324:'managementsam if– a the subcontractor is registered in sam; and b the subcontractor represents that the size and socioeconomic status',
34325:'representations made in sam are current, accurate and complete as of the date ofthe offer for the subcontract. iii the',
34326:'contractor may not require the use of sam for the purposes of representing size or socioeconomic status in connection with',
34327:'a subcontract. iv in accordancewith 13cfr 121.411, 126.900,127.700, and 128.600, a contractor acting in good faith isnot liable for misrepresentations',
34328:'made by its subcontractors regarding the subcontractors size or socioeconomic status. d the offeror’s subcontracting plan shall include thefollowing: 1',
34329:'separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the',
34330:'use of small business, veteranowned small business, servicedisabled veteranowned small business, hubzone small business, small disadvantaged business, and womenowned small',
34331:'business concerns as subcontractors. for individual subcontracting plans,andif requiredby the contracting officer, goals shall also be expressed in termsof percentage',
34332:'oftotal contract dollars, in additionto the goals expressed asa percentageof totalsubcontract dollars. theofferor shall include all subcontracts that contribute to',
34333:'contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. in',
34334:'accordance with 43 u.s.c. 1626: i subcontracts awarded to an anc or indian tribe shall be counted towards the subcontracting',
34335:'goals for small business and small disadvantaged business concerns, regardless of the size or small business administration certification status of',
34336:'the anc or indian tribe; and 52.2183 52.2199 federal acquisition regulation ii where one or more subcontractors are in the',
34337:'subcontract tier between the prime contractor and the anc or indian tribe, the anc or indian tribe shall designate the',
34338:'appropriate contractors to count the subcontract towards its small business and small disadvantaged business subcontracting goals. a in most cases,',
34339:'the appropriate contractor is the contractor that awarded the subcontract to the anc or indian tribe. b if the anc',
34340:'or indian tribe designates more than one contractor to count the subcontract toward its goals, the anc or indiantribe shall',
34341:'designate only a portion of the totalsubcontract award to each contractor. thesum ofthe amounts designated to various contractors cannot exceed',
34342:'the total value of the subcontract. c the anc or indian tribe shall give a copy of the written designation',
34343:'to the contractingofficer, the prime contractor, andthe subcontractors in between the prime contractorandthe anc or indiantribe within30 days of the',
34344:'date of the subcontract award. dif the contracting officer does not receive a copy of the anc’s or the indiantribe’s',
34345:'written designation within 30 days of the subcontract award, the contractor that awarded the subcontract to the anc or indian',
34346:'tribe will be consideredthe designated contractor. 2 a statement of– itotal dollarsplanned tobe subcontracted for anindividual subcontracting plan; orthe offerorstotal',
34347:'projected sales, expressed in dollars, and the total value of projected subcontracts, including all indirect costs except as described in',
34348:'paragraph g of this clause, to support the sales for a commercial plan; iitotal dollars planned to be subcontracted to',
34349:'small business concerns including ancandindian tribes; iii total dollars planned to be subcontracted to veteranownedsmallbusiness concerns; iv total dollars planned',
34350:'to be subcontracted to servicedisabled veteranowned small business; v total dollars plannedto besubcontracted to hubzone small business concerns; vi total',
34351:'dollars planned to be subcontracted to smalldisadvantagedbusiness concerns includingancsand indian tribes; and vii total dollars planned to be subcontracted towomenowned',
34352:'small businessconcerns. 3 a description of the principal types of supplies and services to be subcontracted, and an identification of',
34353:'the types planned for subcontracting to i small business concerns; iiveteranownedsmallbusiness concerns; iii servicedisabled veteranowned small business concerns; iv hubzone',
34354:'small business concerns; v small disadvantaged business concerns; and vi womenowned small business concerns. 4 a description of the method',
34355:'used to develop the subcontracting goals in paragraph d1 of this clause. 5 a description of the method used to',
34356:'identify potential sources for solicitation purposes e.g., existing company source lists, sam, veterans service organizations,the nationalminority purchasing council vendor information',
34357:'service, the research and information division of the minority business development agency in the department of commerce, or small, hubzone,',
34358:'small disadvantaged, and womenowned small business trade associations. a firm may rely on the information contained in sam as an',
34359:'accurate representation of a concerns size and ownership characteristics for the purposes of maintaining a small, veteranowned small, servicedisabled veteranowned',
34360:'small, hubzone small, small disadvantaged, and womenowned small business source list. use of sam as its source list does not',
34361:'relieve a firm of its responsibilities e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities in this clause. 6 a statement',
34362:'as towhetheror not theofferorincluded indirect costs in establishingsubcontractinggoals, and a description of the method used to determine the proportionate share',
34363:'of indirect costs to be incurred with– i small business concerns including anc and indian tribes; iiveteranownedsmallbusiness concerns; iii servicedisabled',
34364:'veteranowned small business concerns; iv hubzone small business concerns; v small disadvantaged business concerns including anc and indian tribes; and',
34365:'vi womenowned small business concerns. 7 the name of the individualemployed by the offerorwho will administer the offerors subcontracting program,',
34366:'and a description of the duties of the individual. 52.2184 subpart 52.2 text of provisions and clauses 52.2199 8 a',
34367:'description of theefforts the offeror will make to assure that small business, veteranowned small business, servicedisabled veteranowned small business, hubzone',
34368:'small business, small disadvantaged business, and womenowned small business concerns have an equitable opportunity to compete for subcontracts. 9 assurances',
34369:'that the offeror willinclude the clause of this contract entitled utilization of small business concerns in allsubcontractsthat offer further subcontracting',
34370:'opportunities, and thatthe offeror will require all subcontractors except small business concerns that receive subcontracts in excess of the applicablethreshold',
34371:'specifiedin far 19.702a on the date of subcontract award, with further subcontracting possibilities to adopt a subcontracting plan that complies',
34372:'with the requirements of this clause. 10 assurances that the offeror will– i cooperate in any studies or surveys as',
34373:'may be required; iisubmit periodicreports sothat the government can determine the extent ofcompliance by the offeror withthe subcontracting plan; iii',
34374:'after november 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinitedelivery,indefinitequantity contracts with individual subcontracting',
34375:'plans where the contractis intended for use by multiple agencies; iv submit the individual subcontract report isr and/or the summary',
34376:'subcontract report ssr, in accordance with paragraph l of this clause using the electronic subcontracting reporting system esrs at http://www.esrs.gov.',
34377:'the reports shall provide information on subcontract awards to small business concerns including ancs and indian tribes that are not',
34378:'small businesses, veteranowned small business concerns, servicedisabled veteranowned small business concerns, hubzone small business concerns, small disadvantaged business concerns including',
34379:'ancs and indian tribes that have not been certified by the small business administration as small disadvantaged businesses, womenowned small',
34380:'business concerns, and for nasa only, historicallyblackcollegesand universities and minority institutions. reporting shall be in accordance with this clause, or',
34381:'as provided in agency regulations; v ensure that its subcontractors with subcontracting plans agree to submit the isr and/or the',
34382:'ssr using esrs; vi provide itsprimecontract number, itsunique entity identifier, and the emailaddress of the offeror’s official responsible for acknowledging',
34383:'receipt of or rejecting the isrs, to all firsttier subcontractors with subcontracting plans so they can enter this information into',
34384:'the esrs when submitting their isrs; and vii requirethat each subcontractor with a subcontracting plan provide the prime contract number,its',
34385:'own unique entity identifier, and the email address ofthe subcontractor’s official responsible for acknowledging receipt of orrejecting the isrs, to',
34386:'its subcontractors with subcontracting plans. 11 a description of the types of records thatwill be maintained concerningprocedures that have been',
34387:'adopted to comply withthe requirements andgoals in the plan, includingestablishing source lists; and a description of theofferor’s efforts to locate',
34388:'small business, veteranowned small business, servicedisabled veteranownedsmall business,hubzone small business, small disadvantaged business, and womenowned small business concerns and award',
34389:'subcontracts to them. the records shall include at least the following on a plantwide or companywide basis, unless otherwise indicated:',
34390:'i source lists e.g., sam, guides, and other data that identify small business, veteranowned small business, servicedisabled veteranowned small business,',
34391:'hubzone small business, small disadvantaged business, and womenowned small business concerns. iiorganizations contactedin anattempt tolocate sourcesthat aresmallbusiness,veteranowned small business, servicedisabled',
34392:'veteranowned small business, hubzone small business, small disadvantaged business, or womenowned small business concerns. iii records on each subcontract solicitation',
34393:'resulting in an award of more than the simplified acquisition threshold, as defined in far 2.101 on the date of',
34394:'subcontract award, indicating a whether small business concerns were solicited and, if not, why not; b whether veteranowned small business',
34395:'concerns were solicited and, if not, why not; c whether servicedisabled veteranowned small business concerns were solicited and, if not,',
34396:'why not; d whether hubzone small business concerns were solicited and, if not, why not; e whether small disadvantaged business',
34397:'concerns were solicited and, if not, why not; f whether womenowned small business concerns were solicited and, if not, why',
34398:'not; and g if applicable, the reason award was not made to a small business concern. iv records of any',
34399:'outreachefforts to contact atradeassociations; b business development organizations; 52.2185 52.2199 federal acquisition regulation c conferences and trade fairs to locate',
34400:'small, hubzone small, small disadvantaged, servicedisabled veteran owned, and womenowned small business sources; and dveterans serviceorganizations. v records of internal',
34401:'guidance and encouragement provided to buyers through aworkshops, seminars, training, etc. ; and b monitoring performance to evaluate compliance withthe',
34402:'program’srequirements. vi on acontractbycontract basis, records to support award data submittedby the offeror to the government, including the name, address,',
34403:'and business sizeof each subcontractor. contractorshaving commercial plans need notcomply with this requirement. 12 assurances that the offeror will make',
34404:'a goodfaith effort to acquirearticles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small',
34405:'business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality',
34406:'used in preparing and submitting the bid or proposal. responding to a request for a quote doesnot constitute use inpreparinga',
34407:'bidor proposal. theofferorused a small business concern in preparing the bid or proposal if– ithe offeror identifies the small business',
34408:'concern asa subcontractor in the bidor proposalor associatedsmall business subcontracting plan, to furnish certain supplies or perform a portion of',
34409:'the subcontract; or iithe offeror used the small business concerns pricingor cost informationor technical expertise in preparing the bid or',
34410:'proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a',
34411:'subcontract for the related work if the offeror is awardedthe contract. 13 assurances that the contractor will provide the contractingofficer',
34412:'with a written explanationif the contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of',
34413:'construction work as described ind12 ofthis clause. this written explanation mustbe submitted to the contracting officer within 30days of contract',
34414:'completion. 14 assurances that the contractor will not prohibit asubcontractorfrom discussing with the contracting officer any material matter pertaining to',
34415:'payment to or utilization of a subcontractor. 15 assurances that the offerorwill pay its small business subcontractors on time and',
34416:'in accordance with the termsand conditions of theunderlying subcontract, and notifythe contracting officer when the prime contractor makes either a',
34417:'reduced or an untimely payment to a small business subcontractor see 52.2425. e inorder to effectively implementthis plan to the',
34418:'extent consistent with efficient contract performance, the contractor shall perform the following functions: 1 assist small business, veteranowned small business,',
34419:'servicedisabled veteranowned small business, hubzone small business, small disadvantaged business, and womenowned small business concerns by arranging solicitations, time for',
34420:'the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. where the',
34421:'contractor’s lists of potential small business, veteranownedsmallbusiness,servicedisabled veteranowned small business, hubzone small business, small disadvantaged business, and womenowned small business',
34422:'subcontractors are excessivelylong, reasonable effort shall be made to giveallsuch small business concerns an opportunity to compete over a period',
34423:'of time. 2 provide adequate and timely consideration of the potentialities of small business, veteranowned small business, servicedisabled veteranowned small',
34424:'business, hubzone small business, small disadvantaged business, and womenowned small business concerns in all makeorbuy decisions. 3 counsel and discuss',
34425:'subcontracting opportunities with representatives of small business, veteranowned small business, servicedisabled veteranowned small business, hubzone small business, small disadvantaged business,',
34426:'and womenowned small business firms. 4 confirm that a subcontractor representing itself as a hubzone small business concern is certified',
34427:'by sba as a hubzone small business concern by accessing sam or by accessing the dynamic small business search dsbs',
34428:'at https:// web.sba.gov/pronet/search/dspdsbs.cfm. 5 provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteranowned',
34429:'small business, hubzone small, small disadvantaged, or womenowned small business for the purpose of obtaining a subcontract thatis tobe included',
34430:'aspart or all of a goal containedin the contractor’s subcontracting plan. 6 for allcompetitive subcontracts over thesimplified acquisition threshold,as defined',
34431:'in far 2.101 on the date of subcontract award, in which a small business concern received a small business preference,',
34432:'upon determination of the successful subcontract offeror, priorto award ofthe subcontract the contractor must inform eachunsuccessful small business subcontract offeror',
34433:'in writing of the name and location of the apparent successful offeror and ifthe successful subcontract 52.2186 subpart 52.2 text',
34434:'of provisions and clauses 52.2199 offeror is a small business, veteranowned small business, servicedisabled veteranownedsmall business,hubzone small business, small disadvantaged',
34435:'business, or womenowned small business concern. 7 assign each subcontract the naics code and corresponding size standard that best describes',
34436:'the principal purpose of the subcontract. f a master subcontracting plan on a plant or divisionwide basis that contains all',
34437:'the elements required by paragraph d of this clause, except goals, maybe incorporatedby reference as a part ofthe subcontracting plan',
34438:'required of the offeror by this clause; provided 1 the master subcontracting plan has been approved; 2 the offeror ensures',
34439:'thatthe master subcontracting plan is updated as necessary and provides copiesof the approved master subcontracting plan, including evidence of its',
34440:'approval, to the contracting officer; and 3 goals and any deviations from themaster subcontracting plan deemed necessaryby the contracting officer',
34441:'to satisfy the requirements of this contract are set forth in the individual subcontracting plan. g a commercial plan is',
34442:'the preferred type of subcontracting plan for contractors furnishing commercial products and commercial services. the commercial plan shall relate tothe',
34443:'offeror’s planned subcontracting generally, for bothcommercial and government business, rather than solely tothe government contract. once the contractor’s commercial plan',
34444:'has been approved, the government will not require another subcontracting plan from the same contractor while the plan remains in',
34445:'effect,as long as the productor service being provided by the contractorcontinuesto meetthe definitionof acommercial product or commercial service. a contractor',
34446:'with a commercial plan shall comply with the reporting requirements stated in paragraph d10 of this clause by submitting one',
34447:'ssr in esrs for all contracts covered by its commercial plan. a contractor authorized to use a commercial subcontracting plan',
34448:'shall include in its subcontracting goals and in its ssr all indirect costs, with the exception of those such as',
34449:'the following: employee salaries and benefits; payments for petty cash; depreciation; interest; income taxes; property taxes; lease payments; bank fees;',
34450:'fines, claims, and dues; original equipment manufacturer relationships during warranty periods negotiated up front with the product; utilities and other',
34451:'services purchased from a municipality or an entity solely authorized by the municipality to provide those services in a particular',
34452:'geographical region; and philanthropic contributions. this report shall be acknowledged or rejected in esrs by the contracting officerwho approved the',
34453:'plan. this report shall be submitted within 30 daysafter the end ofthe government’s fiscal year. h priorcompliance of the offeror',
34454:'with other suchsubcontractingplans underprevious contractswill be considered by the contracting officerin determining the responsibility of theofferor for award of the',
34455:'contract. i a contract may have no more than one subcontracting plan. when a contract modification exceeds the subcontracting plan',
34456:'threshold infar 19.702a, or an option is exercised, the goals of the existing subcontracting plan shall be amended to reflect',
34457:'any new subcontracting opportunities. when the goals in a subcontracting plan are amended, these goal changes do not apply retroactively.',
34458:'jsubcontracting plans are not required from subcontractors when the prime contract contains the clause at far 52.2125, contract termsandconditions required',
34459:'toimplement statutes orexecutive orderscommercial products and commercial services, or when the subcontractor provides a commercial product or commercial service subject',
34460:'to the clause at far 52.2446, subcontracts for commercial products and commercial services, under a prime contract. k the failure',
34461:'of the contractor or subcontractor to comply in good faith with 1 the clause of this contract entitled utilization of',
34462:'small business concerns; or 2 an approved plan required by this clause, shall be a material breach of the contract',
34463:'and may beconsidered in any past performance evaluation of the contractor. l the contractor shall submit isrs and ssrs using',
34464:'the webbased esrs at http://www.esrs.gov. purchases from a corporation,company, or subdivision that is an affiliateof the contractor or subcontractor are',
34465:'not includedin these reports. subcontractawards by affiliates shall be treated assubcontract awards by the contractor. subcontract award data reported by',
34466:'the contractor and subcontractors shall be limited to awards made to their immediate nexttier subcontractors. credit cannot be taken for',
34467:'awards made to lower tier subcontractors, unless the contractor or subcontractor has been designated to receive a small business or',
34468:'small disadvantaged business credit from an anc or indian tribe. only subcontracts involving performance in the united states or its',
34469:'outlying areas should be included in these reports with the exception of subcontracts under a contract awarded by the state',
34470:'department or any other agency that has statutory or regulatory authority to require subcontracting plans for subcontracts performed outside the',
34471:'united states and its outlying areas. 1 isr. this report is not required for commercial plans. the report is required',
34472:'for each contract containing an individual subcontracting plan. i the report shall be submitted semiannually during contract performance for the',
34473:'periods ending march 31 and september 30. a report is also required for each contract within 30 days of contract',
34474:'completion. reports are due 30 days 52.2187 52.2199 federal acquisition regulation after the close of each reporting period, unless otherwise',
34475:'directed by the contractingofficer. reports are required when due, regardless of whether there has been any subcontracting activity since the',
34476:'inception of the contract or the previous reporting period. when the contractingofficer rejects anisr, the contractor shall submit a corrected',
34477:'reportwithin 30 days of receiving the notice of isr rejection. ii a when a subcontracting plan contains separate goals for',
34478:'the basic contract and each option, as prescribed by far 19.704c, the dollar goal inserted on this report shall be',
34479:'the sum of the base period through the current option; for example, for a report submitted after the second option',
34480:'is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and',
34481:'the second option. b if a subcontracting plan has been added to the contract pursuant to 19.702 a1iii or 19.3012e,',
34482:'the contractors achievements must be reported in the isr on a cumulative basis from the date of incorporation of the',
34483:'subcontracting plan into the contract. iii when a subcontracting plan includes indirect costs in the goals, these costs must be',
34484:'included in this report. iv the authority to acknowledge receipt or reject the isr resides– ain the case ofthe prime',
34485:'contractor, with the contractingofficer; and b in the case of a subcontract with a subcontracting plan, with the entity that',
34486:'awarded the subcontract. 2 ssr. i reports submitted under individual contract plans– athis report encompassesallsubcontractingunder prime contracts and subcontracts with',
34487:'anexecutive agency, regardless of the dollar value of the subcontracts. this report also includes indirect costs on a prorated basis',
34488:'when the indirect costs are excluded from the subcontracting goals. b the report may be submitted on a corporate, company',
34489:'or subdivision e.g. plant or division operating as a separateprofit center basis, unless otherwise directed by the agency. c if',
34490:'the contractoror asubcontractoris performing workformore thanone executive agency, a separatereport shall be submitted to each executive agency covering only that',
34491:'agencys contracts, provided at least one of that agencys contracts is overthe applicable thresholdspecified in far 19.702a, and the contractand',
34492:'contains a subcontracting plan. for dod, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or',
34493:'subcontracts awarded by dod prime contractors. d the report shall be submitted annually by october 30 for the twelve month',
34494:'period ending september 30. when acontracting officer rejects an ssr, the contractorshallsubmit a revised report within 30 days of receiving',
34495:'the notice of ssr rejection. e subcontract awards that are related to work for more than one executive agency shall',
34496:'be appropriately allocated. f the authority to acknowledge or reject ssrs in esrs, including ssrs submitted by subcontractors with subcontracting',
34497:'plans, resides with the government agency awarding the prime contracts unless stated otherwise in the contract. ii reports submitted under',
34498:'a commercial plan athe reportshallinclude all subcontract awardsunder thecommercial plan in effectduring the governments fiscal year and all indirect costs.',
34499:'b the report shall be submitted annually, within thirty days after the endof the governments fiscal year. c if a',
34500:'contractor has a commercial plan and isperforming work for more than one executive agency, the contractor shall specify the percentage',
34501:'of dollarsattributable to each agency. dthe authority to acknowledge or reject ssrs for commercial plans resides with thecontracting officer who',
34502:'approved the commercial plan. end of clause alternate i nov 2016. as prescribed in 19.708b1i, substitute the following paragraph c1',
34503:'for paragraph c1 of the basic clause: c1the apparent low bidder, uponrequest by the contracting officer, shall submit a subcontracting',
34504:'plan, where applicable, that separately addresses subcontracting with small business, veteranowned small business, servicedisabled veteranowned small business, hubzone small business,',
34505:'small disadvantaged business, and womenowned small business concerns. if the bidder is submitting an individual subcontracting plan, the plan must',
34506:'separately address subcontracting with small business, veteranowned small business, servicedisabled veteranowned small business, hubzone small business, small disadvantaged business, and',
34507:'womenowned small business concerns, with a separate part for the basic 52.2188 subpart 52.2 text of provisions and clauses 52.2199',
34508:'contract and separate parts for each option if any. the plan shall be included in and made a part of',
34509:'the resultant contract. the subcontracting planshallbe submitted within the time specified by the contractingofficer. failure to submit the subcontracting plan',
34510:'shall make the bidder ineligible for the award of a contract alternate ii nov 2016. as prescribed in 19.708b1ii, substitute',
34511:'the following paragraph c1 for paragraph c1 of the basic clause: c1 proposals submitted in response to this solicitation shall',
34512:'include a subcontracting plan that separately addresses subcontracting with small business, veteranowned small business, servicedisabled veteranowned small business, hubzone small',
34513:'business, small disadvantaged business, and womenowned small business concerns. if the offeror is submitting an individual subcontracting plan, the plan',
34514:'must separately address subcontracting with small business, veteranowned small business, servicedisabled veteranowned small business, hubzone small business, small disadvantaged business,',
34515:'and womenowned small business concerns, with a separate part for the basic contract and separate parts for each option if',
34516:'any. the plan shall be included in and made a part of the resultant contract. the subcontracting plan shall be',
34517:'negotiated within thetime specifiedby the contracting officer. failureto submitand negotiatea subcontracting plan shall makethe offeror ineligible for award of a',
34518:'contract. alternate iii jun 2020. as prescribed in 19.708b1iii, substitute the following paragraphs d10 and l for paragraphs d10 and',
34519:'l in the basic clause: d10 assurances thatthe offeror will— i cooperate in any studies or surveys as may be',
34520:'required; iisubmit periodicreports sothat the government can determine the extent ofcompliance by the offeror withthe subcontracting plan; iii submit standard',
34521:'form sf 294 subcontracting report for individual contract in accordance with paragraph l of this clause. submit the summary subcontract',
34522:'report ssr, in accordance with paragraph l of this clause using the electronic subcontracting reporting system esrs at http://www.esrs.gov. the',
34523:'reports shall provide information on subcontract awards to small business concerns including ancs and indian tribes that are not small',
34524:'businesses, veteran owned small business concerns, servicedisabled veteranowned small business concerns, hubzone small business concerns, small disadvantaged business concerns including',
34525:'ancs and indian tribes that have not been certified by the small business administration as small disadvantaged businesses, womenowned small',
34526:'business concerns, and for nasa only, historically black colleges and universities and minority institutions. reporting shall be in accordance with',
34527:'this clause, or as provided in agency regulations; and iv ensure that its subcontractors with subcontracting plans agree to submit',
34528:'the sf 294 in accordance with paragraph l of this clause. ensure that its subcontractors with subcontracting plans agree to',
34529:'submit the ssr in accordance with paragraph l of this clause using the esrs. l the contractor shall submit a',
34530:'sf 294. the contractor shall submit ssrs using the webbased esrs at http:// www.esrs.gov. purchases from a corporation, company,or subdivision',
34531:'that isan affiliate of the contractoror subcontractor arenot included in these reports. subcontract awards by affiliates shall be treated as',
34532:'subcontractawards by the contractor. subcontract award data reported by the contractor and subcontractors shall be limited to awards made to',
34533:'their immediate nexttier subcontractors. credit cannot be taken for awards made to lower tier subcontractors, unless the contractor or subcontractor',
34534:'has been designated to receive a small business or small disadvantaged business credit from an anc or indian tribe. only',
34535:'subcontracts involving performance in the u.s. or its outlying areas should be included in these reports with the exception of',
34536:'subcontracts under a contract awarded by the state department or any other agency that has statutory or regulatory authority to',
34537:'require subcontracting plans for subcontracts performed outside the united states and its outlying areas. 1 sf 294. this report is',
34538:'not required for commercial plans. the report is required for each contract containing an individualsubcontractingplan. for contractors the reportshallbe submitted',
34539:'to the contracting officer, or asspecified elsewhere in this contract. in the case of a subcontract with a subcontracting plan,',
34540:'the report shall be submitted to the entity that awarded the subcontract. i the report shall be submitted semiannually during',
34541:'contract performance for the periods ending march 31 and september 30. a report is also required for each contract within',
34542:'30 days of contract completion. reports are due 30 days after the close of each reporting period, unless otherwise directed',
34543:'by the contractingofficer. reports are required when due, regardless of whether there has been any subcontracting activity since the inception',
34544:'of the contract or the previous reporting period. when a contracting officer rejects a report,the contractor shall submit a revised',
34545:'report within 30 days ofreceiving the notice of report rejection. 52.2189 52.2199 federal acquisition regulation iia when a subcontracting plan',
34546:'contains separate goals for the basic contract and each option, as prescribed by far 19.704c, the dollar goal inserted on',
34547:'this report shall be the sum of the base period through the current option; for example, for a report submitted',
34548:'after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract,',
34549:'the first option, and the second option. b if a subcontracting plan has been added to the contract pursuant to',
34550:'19.702a1iii or 19.3012e, the contractors achievements must be reported in the report on a cumulative basis from the date of',
34551:'incorporation of the subcontracting plan into the contract. iii when a subcontracting plan includes indirect costs in the goals, these',
34552:'costs must be included in this report. 2ssr. ireports submitted under individual contract plans athis report encompassesallsubcontractingunder prime contracts and',
34553:'subcontracts with anexecutive agency, regardless of the dollar value of the subcontracts. this report also includes indirect costs on a',
34554:'prorated basis when the indirect costs are excluded from the subcontracting goals. b the report may be submitted on a',
34555:'corporate, company or subdivision e.g., plant or division operating as a separateprofit center basis, unless otherwise directed by the agency.',
34556:'c if the contractorand/or a subcontractor is performing work for more than one executive agency, aseparate report shall be submitted',
34557:'to each executive agency covering only that agencys contracts, provided at least one of that agencys contracts is overthe applicable',
34558:'thresholdspecified in far 19.702a, and the contract contains a subcontracting plan. for dod, a consolidated report shall be submitted for',
34559:'all contracts awarded by military departments/agencies and/or subcontracts awarded by dod prime contractors. d the report shall be submitted annually',
34560:'by october 30, for the twelve month period ending september 30. when acontracting officer rejects an ssr, the contractoris required',
34561:'to submit a revised ssr within 30 days of receiving the notice of report rejection. e subcontract awards that are',
34562:'related to work for more than one executive agency shall be appropriately allocated. f the authority to acknowledge or reject',
34563:'ssrs in the esrs, including ssrs submitted by subcontractors with subcontracting plans, resides with the government agency awarding the prime',
34564:'contracts unless stated otherwise in the contract. ii reports submitted under a commercial plan athe reportshallinclude all subcontract awardsunder thecommercial',
34565:'plan in effectduring the governments fiscal year and all indirect costs. b the report shall be submitted annually, within 30',
34566:'days after the endof the governments fiscal year. c if a contractor has a commercial plan and isperforming work for',
34567:'more than one executive agency, the contractor shall specify the percentage of dollarsattributable to each agency. dthe authority to acknowledge',
34568:'or reject ssrs for commercial plans resides with thecontracting officer who approved the commercial plan. alternate iv sep 2023. as',
34569:'prescribed in 19.708b1iv, substitute the following paragraphs c and d for paragraphs c and d of the basic clause: c1the',
34570:'contractor, uponrequest by thecontracting officer,shallsubmit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteranowned',
34571:'small business, servicedisabled veteranowned small business, hubzone small business, small disadvantaged business, and womenowned small business concerns. if the contractor',
34572:'is submitting an individual subcontracting plan, the plan shall separately address subcontracting with small business, veteranowned small business, servicedisabled veteranowned',
34573:'small business, hubzone small business, small disadvantaged business, and womenowned small business concerns, with a separate part for the basic',
34574:'contract and separate parts for each option if any. the subcontracting plan shall be incorporated into the contract. the subcontracting',
34575:'plan shall be negotiated within the time specified by the contracting officer. the subcontracting plan doesnot apply retroactively. 2i the',
34576:'prime contractor may accept a subcontractors written representations of its size and socioeconomic status as a small business, small disadvantaged',
34577:'business, veteranowned small business, servicedisabled veteranowned small business, or a womenowned small business if the subcontractor represents that the size',
34578:'and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for',
34579:'thesubcontract. ii the contractor may accept a subcontractors representations of its size and socioeconomic status as a small business, small',
34580:'disadvantaged business, veteranowned small business, servicedisabled veteranowned small business, or a womenowned small business in the system for award managementsam',
34581:'if– 52.2190 subpart 52.2 text of provisions and clauses 52.2199 a the subcontractor is registered in sam; and b the',
34582:'subcontractor represents that the size and socioeconomic status representations made in sam are current, accurate and complete as of the',
34583:'date ofthe offer for the subcontract. iii the contractor may not require the use of sam for the purposes of',
34584:'representing size or socioeconomic status in connection with a subcontract. iv in accordancewith 13cfr 121.411, 126.900,127.700, and 128.600, a contractor',
34585:'acting in good faith isnot liable for misrepresentations made by its subcontractors regarding the subcontractors size or socioeconomic status. d',
34586:'the contractors subcontracting plan shall include the following: 1 separate goals, expressed in terms of total dollars subcontracted and as',
34587:'a percentage of total planned subcontracting dollars, for the use of small business, veteranowned small business, servicedisabled veteranowned small business,',
34588:'hubzone small business, small disadvantaged business, and womenowned small business concerns as subcontractors. for individual subcontracting plans,andif requiredby the contracting',
34589:'officer, goals shall also be expressed in termsof percentage of total contract dollars, in addition to the goals expressed as',
34590:'a percentage of total subcontract dollars. the contractor shall include all subcontracts that contribute to contract performance, and may include',
34591:'a proportionate share of products and services that are normally allocated as indirect costs. in accordance with 43 u.s.c. 1626–',
34592:'i subcontracts awarded to an anc or indian tribe shall be counted towards the subcontracting goals for small business and',
34593:'small disadvantaged business concerns, regardless of the size or small business administration certification status of the anc or indian tribe;',
34594:'and ii where one or more subcontractors are in the subcontract tier between the prime contractor and the anc or',
34595:'indian tribe, the anc or indian tribe shall designate the appropriate contractors to count the subcontract towards its small business',
34596:'and small disadvantaged business subcontracting goals. a in most cases, the appropriate contractor is the contractor that awarded the subcontract',
34597:'to the anc or indian tribe. b if the anc or indian tribe designates more than one contractor to count',
34598:'the subcontract toward its goals, the anc or indiantribe shall designate only a portion of the totalsubcontract award to each',
34599:'contractor. thesum ofthe amounts designated to various contractors cannot exceed the total value of the subcontract. c the anc or',
34600:'indian tribe shall give a copy of the written designation to the contractingofficer, the contractor, andthe subcontractors in between the',
34601:'prime contractorandthe anc or indiantribe within30 days of the date of the subcontract award. dif the contracting officer does not',
34602:'receive a copy of the ancs or the indian tribes written designation within 30 days of the subcontract award, the',
34603:'contractor that awarded the subcontract to the anc or indian tribe will be consideredthe designated contractor. 2 a statement of–',
34604:'itotal dollarsplanned tobe subcontracted for anindividual subcontracting plan; orthe contractors total projected sales, expressed in dollars, and the total value',
34605:'of projected subcontracts to support the sales for a commercial plan, including all indirect costs, with the exception of those',
34606:'such as the following: employee salaries and benefits; payments for petty cash; depreciation; interest; income taxes; property taxes; lease payments;',
34607:'bank fees; fines, claims, and dues; original equipment manufacturer relationships during warranty periods negotiated up front with the product; utilities',
34608:'and other services purchased from a municipality or an entity solely authorized by the municipality to provide those services in',
34609:'a particular geographical region; and philanthropic contributions; iii total dollars planned to be subcontracted to veteranownedsmallbusiness concerns;ivtotal dollars planned to',
34610:'be subcontracted to servicedisabledveteranowned small business; v total dollars planned to be subcontracted to hubzone small business concerns; vi totaldollars',
34611:'planned to be subcontractedto small disadvantaged business concerns including ancs and indian tribes;andvii total dollars planned to be subcontracted to',
34612:'womenowned small business concerns. 3 a description of the principal types of supplies and services to be subcontracted, and an',
34613:'identification of the types planned for subcontracting to i small business concerns; iiveteranownedsmallbusiness concerns; iii servicedisabled veteranowned small business concerns;',
34614:'iv hubzone small business concerns; v small disadvantaged business concerns; and vi womenowned small business concerns. 52.2191 52.2199 federal acquisition',
34615:'regulation 4 a description of the method used to develop the subcontracting goals in paragraph d1 of this clause. 5',
34616:'a description of the method used to identify potential sources for solicitation purposes e.g., existing company source lists, sam, veterans',
34617:'service organizations,the nationalminority purchasing council vendor information service, the research and information division of the minority business development agency in',
34618:'the department of commerce, or small, hubzone, small disadvantaged, and womenowned small business trade associations. the contractor may rely on',
34619:'the information contained in sam as an accurate representation of a concerns size and ownership characteristics for the purposes of',
34620:'maintaining a small, veteranowned small, servicedisabled veteranowned small, hubzone small, small disadvantaged, and womenowned small business source list. use of',
34621:'sam as its source list does not relieve a firm of its responsibilities e.g., outreach, assistance, counseling, or publicizing subcontracting',
34622:'opportunities in this clause. 6 a statement as to whether or not the contractor included indirect costs in establishing subcontracting',
34623:'goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with–',
34624:'i small business concerns including anc and indian tribes; iiveteranownedsmallbusiness concerns; iii servicedisabled veteranowned small business concerns; iv hubzone small',
34625:'business concerns; v small disadvantaged business concerns including anc and indian tribes; and vi womenowned small business concerns. 7 the',
34626:'name of the individual employed by the contractor who will administer the contractors subcontracting program, and a description of the',
34627:'duties of the individual. 8 a description of theefforts the contractorwill make toassure that small business, veteranownedsmall business, servicedisabled veteranowned',
34628:'small business, hubzone small business, small disadvantaged business, and womenowned small business concerns have an equitable opportunity to compete for',
34629:'subcontracts. 9 assurances that the contractor will include the clause of this contract entitled utilization of small business concerns in',
34630:'all subcontracts thatoffer further subcontracting opportunities, and that the contractor will require all subcontractors except small business concerns that receive',
34631:'subcontracts in excess of the applicable threshold specified in far 19.702a on the date of subcontract award, with further subcontracting',
34632:'possibilities to adopt a subcontracting plan that complies with the requirements of this clause. 10 assurances that the contractor will–',
34633:'i cooperate in any studies or surveys as may be required; ii submit periodic reports so that the government can',
34634:'determine the extent of compliance by the contractor with the subcontracting plan; iii after november 30, 2017, include subcontracting data',
34635:'for each order when reporting subcontracting achievements for an indefinitedelivery, indefinitequantity contractswith individual subcontracting plans where the contract is intended',
34636:'for use by multiple agencies; iv submit the individual subcontract report isr and/or the summary subcontract report ssr, in accordance',
34637:'with paragraph l of this clause usingthe electronic subcontracting reportingsystemesrs at http://www.esrs.gov. the reports shall provide information on subcontract awards',
34638:'to small business concerns including ancs and indian tribes that are not small businesses, veteranowned small business concerns, servicedisabled veteranowned',
34639:'small business concerns, hubzone small business concerns, small disadvantaged business concerns including ancs and indian tribes that have not been',
34640:'certified bysba assmalldisadvantaged businesses, womenownedsmallbusiness concerns, and for nasa only, historically black colleges and universities and minority institutions. reporting shall',
34641:'be in accordance with this clause, or as provided in agency regulations; v ensure that its subcontractors with subcontracting plans',
34642:'agree to submit the isr and/or the ssr using esrs; vi provide itsprimecontract number, itsunique entity identifier, and the emailaddress',
34643:'of the contractors official responsible for acknowledging receipt of or rejecting the isrs, to all firsttier subcontractors with subcontracting plans',
34644:'so they can enter this information into the esrs when submitting their isrs; and vii requirethat each subcontractor with a',
34645:'subcontracting plan provide the prime contract number,its own unique entity identifier, and the email address ofthe subcontractors official responsible for',
34646:'acknowledging receipt of or rejecting the isrs, to its subcontractors with subcontracting plans. 11 a description of the types of',
34647:'records thatwill be maintained concerningprocedures that have been adopted to comply with the requirements and goals in the plan, including',
34648:'establishing source lists; and a description of the contractors efforts to locate small business, veteranowned small business, servicedisabled veteranownedsmall business,hubzone',
34649:'52.2192 subpart 52.2 text of provisions and clauses 52.21910 small business, small disadvantaged business, and womenowned small business concerns and',
34650:'award subcontracts to them. the records shall include at least the following on a plantwide or companywide basis, unless otherwise',
34651:'indicated: i source lists e.g., sam, guides, and other data that identify small business, veteranowned small business, servicedisabled veteranowned small',
34652:'business, hubzone small business, small disadvantaged business, and womenowned small business concerns. iiorganizations contactedin anattempt tolocate sourcesthat aresmallbusiness,veteranowned small business,',
34653:'servicedisabled veteranowned small business, hubzone small business, small disadvantaged business, or womenowned small business concerns. iii records on each subcontract',
34654:'solicitation resulting in an award of more than the simplified acquisition threshold, as defined in far 2.101 on the date',
34655:'of subcontract award, indicating– a whether small business concerns were solicited and, if not, why not; b whether veteranowned small',
34656:'business concerns were solicited and, if not, why not; c whether servicedisabled veteranowned small business concerns were solicited and, if',
34657:'not, why not; d whether hubzone small business concerns were solicited and, if not, why not; e whether small disadvantaged',
34658:'business concerns were solicited and, if not, why not; f whether womenowned small business concerns were solicited and, if not,',
34659:'why not; and g if applicable, the reason award was not made to a small business concern. iv records of',
34660:'any outreachefforts to contact– atradeassociations; b business development organizations; c conferences and trade fairs to locate small, hubzone small, small',
34661:'disadvantaged, servicedisabled veteran owned, and womenowned small business sources; and dveterans serviceorganizations. v records of internal guidance and encouragement provided',
34662:'to buyers through– aworkshops, seminars, training, etc. ; and b monitoring performance to evaluate compliance with the programs requirements. vi',
34663:'on a contractbycontract basis, records to support award data submitted by the contractor to the government, including the name, address,',
34664:'and business sizeof each subcontractor. contractorshaving commercial plans need notcomply with this requirement. 12 assurances that the contractor will make',
34665:'a good faith effort toacquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the',
34666:'small business concerns that it used in preparing the proposal for the modification, in the same or greater scope, amount,',
34667:'and quality used in preparing and submitting the modification proposal. responding to a request for a quote does not constitute',
34668:'use in preparing a proposal. the contractor used a small business concern in preparing the proposal for a modification if–',
34669:'i the contractor identifies the small business concern as a subcontractor in the proposal or associated small business subcontracting plan,',
34670:'to furnish certain supplies or perform a portion of the subcontract; orii the contractor used the small business concerns pricing',
34671:'or cost information or technical expertise in preparing the proposal, where there is written evidence of an intent or understanding',
34672:'that the small business concern will be awarded a subcontract for the related work when the modification is executed. 13',
34673:'assurances that the contractor will provide the contractingofficer with a written explanationif the contractor fails to acquire articles, equipment, supplies,',
34674:'services or materials or obtain the performance of construction work as described ind12 ofthis clause. this written explanation mustbe submitted',
34675:'to the contracting officer within 30days of contract completion. 14 assurances that the contractor will not prohibit asubcontractorfrom discussing with',
34676:'the contracting officer any material matter pertaining to the payment to orutilization of a subcontractor. 15 assurances that the offerorwill',
34677:'pay its small business subcontractors on time and in accordance with the termsand conditions of theunderlying subcontract, and notifythe contracting',
34678:'officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor see 52.2425.',
34679:'52.21910 incentive subcontracting program. as prescribed in 19.708c1, insert the following clause: incentive subcontracting program oct 2014 52.2193 52.21911 federal',
34680:'acquisition regulation a of the total dollars it plans to spend under subcontracts, the contractor has committed itself in its',
34681:'subcontracting plan to try to award certain percentages to small business, veteranowned small business, servicedisabled veteranowned small business, hubzone small',
34682:'business, small disadvantaged business, and womenowned small business concerns,respectively. b if the contractor exceeds its subcontracting goals for small business,',
34683:'veteranowned small business, servicedisabled veteranowned small business, hubzone small business, small disadvantaged business, and womenowned small business concerns in performing',
34684:'this contract, it will receive [contracting officer to insert the appropriate number between 0 and 10] percent of thedollars inexcessof',
34685:'each goal in the plan, unless the contracting officer determines that the excess was not due to the contractor’s efforts',
34686:'e.g.,a subcontractor cost overrun caused the actual subcontract amount to exceed that estimated in the subcontracting plan, or the award',
34687:'of subcontracts that had been planned but had not been disclosed in the subcontracting plan during contract negotiations. determinations made',
34688:'under this paragraph are unilateral decisions made solely at the discretion of the government. c if this is a costplusfixedfee',
34689:'contract, the sum of the fixed fee and the incentive fee earned under this contract may not exceed the limitations',
34690:'in 15.4044 of the federal acquisition regulation. end of clause 52.21911 special 8a contract conditions. as prescribed in 19.8113a, insert',
34691:'the following clause: special 8a contract conditionsjan 2017 the small business administration sba agrees to the following: a to furnish',
34692:'the supplies or services set forth in this contract according to the specifications and the termsand conditions hereof by subcontracting',
34693:'with an eligible concern pursuant to the provisions of section 8a of the small business act, as amended 15 u.s.c.',
34694:'637a. b that in theeventsba does not award a subcontract for all or a part of the work hereunder, this',
34695:'contract may be terminated either inwhole or in part without cost to either party. c except for novation agreements, delegate',
34696:'to the [insert name of contracting agency] the responsibility for administering the subcontract to be awarded hereunder with complete authority',
34697:'to take any action on behalf of the government under the terms and conditions of thesubcontract; provided, however, thatthe [insert',
34698:'name of contracting agency] shall give advance notice to the sba before it issues a final notice terminating the right',
34699:'of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or',
34700:'for the convenience of the government. d that payments to be made under any subcontract awarded under this contract will',
34701:'be made directly to the subcontractor by the [insert name of contracting agency]. e that the subcontractor awarded a subcontract',
34702:'hereunder shall have the right of appeal from decisions of the contracting officercognizable under the disputes clause of said subcontract.',
34703:'f to notifythe [insert name of contracting agency] contracting officerimmediately upon notification by the subcontractor that the owner or owners',
34704:'upon whom 8a eligibility was based plan to relinquish ownership or control of the concern. end of clause 52.21912 special',
34705:'8a subcontract conditions. as prescribed in 19.8113b, insert the following clause: special 8a subcontract conditions oct 2019 a the small',
34706:'business administration sba has entered into contract no. [insert number of contract] with the [insert name of contracting agency] to',
34707:'furnish the supplies or services as described therein. a copy of the contract is attached hereto and made a part',
34708:'hereof. b the [insert name of subcontractor], hereafter referred to as thesubcontractor, agrees andacknowledges as follows: 52.2194 subpart 52.2 text',
34709:'of provisions and clauses 52.21914 1 that it will, for and on behalf of the sba, fulfill and perform all',
34710:'of the requirements of contract no. [insert number of contract] for the consideration stated therein and that it has read',
34711:'and is familiar with each and every part of the contract. 2 that the sba hasdelegated responsibility, except for novation',
34712:'agreements, for the administration of this subcontract to the [insert name of contracting agency] with complete authority to take any',
34713:'action on behalf of the government under the terms and conditions of this subcontract. 3 that it will notify the',
34714:'[insert name of contracting agency] contractingofficer in writing immediately upon entering an agreement either oral or written to transfer all',
34715:'or part of its stock or other ownership interest to any other party. c payments, including any progress payments under',
34716:'this subcontract, will be made directly to the subcontractor by the [insert name of contracting agency]. end of clause 52.21913',
34717:'notice of setaside of orders. as prescribed in 19.507f1, insert the following clause: notice of setaside of orders mar 2020',
34718:'a thecontracting officer may setaside orders for the small business concerns identifiedin 19.000a3. b the contracting officer will give notice',
34719:'of the order or orders, ifany, to be set aside for small business concerns identified in 19.000a3 and the applicable',
34720:'small business program. this notice, and its restrictions, will apply only to the specific orders that have been set aside',
34721:'for any of the small business concerns identified in 19.000a3. end of clause alternate i mar 2020 . as prescribed',
34722:'in 19.507f2, substitute the following paragraph a for paragraph a of the basic clause: a thecontracting officer will setaside orders',
34723:'for the small business concerns identifiedin 19.000a3 when the conditions of far 19.5022 and the specific program eligibility requirements are',
34724:'met, as applicable. 52.21914 limitations on subcontracting. as prescribed in 19.507e, insert the following clause: limitations on subcontracting oct 2022',
34725:'a this clause does not apply to the unrestricted portion of a partial setaside. b definition. similarly situated entity, as',
34726:'used in this clause, meansa firsttier subcontractor, includingan independent contractor, that— 1 has the same small business program status as',
34727:'that which qualified the prime contractor for the award e.g., for a small business setaside contract, any small business concern,',
34728:'without regard to its socioeconomic status; and 2 is considered small for the size standard under the north american industry',
34729:'classification system naics code the prime contractor assigned to the subcontract. c applicability. this clause applies only to— 1 contracts',
34730:'that have been set aside for any of the small business concerns identified in 19.000a3; 2 part or parts of',
34731:'a multipleaward contract that have been set aside for any of the small business concerns identified in 19.000a3; 3 contracts',
34732:'that have been awarded on a solesource basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; 4 orders expected',
34733:'to exceed the simplified acquisition threshold and that are— i set aside for small business concerns under multipleaward contracts, as',
34734:'described in 8.4055 and 16.505b2i f; or ii issued directly to small business concerns under multipleaward contracts as described in',
34735:'19.504c1ii; 5 orders, regardless of dollar value, that are— 52.2195 52.21915 federal acquisition regulation i set aside in accordance with',
34736:'subparts 19.8, 19.13, 19.14, or 19.15 under multipleaward contracts, as described in 8.4055 and 16.505b2if; or ii issued directly to',
34737:'concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multipleaward contracts, as described in',
34738:'19.504c1ii; and 6 contracts using the hubzone price evaluation preference to award to a hubzone small business concern unless the',
34739:'concern waived the evaluation preference. d independent contractors. an independentcontractor shall be considered a subcontractor. e limitations on subcontracting. by',
34740:'submissionof an offer andexecution of a contract,the contractor agrees that in performance of a contract assigned a north american industry',
34741:'classification system naics code for— 1 services except construction, it will not pay more than 50 percent of the amount',
34742:'paid by the government for contract performance to subcontractors that are not similarly situated entities. any work that a similarly',
34743:'situated entity further subcontracts will count towards the prime contractors 50 percent subcontract amount that cannot be exceeded. when a',
34744:'contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;',
34745:'2 supplies other than procurement from a nonmanufacturer of such supplies, it will not pay more than 50 percent of',
34746:'the amount paid by the government for contract performance, excluding the cost of materials, to subcontractors that are not similarly',
34747:'situated entities. any work that a similarly situated entity further subcontracts will count towards the prime contractors 50 percent subcontract',
34748:'amount that cannot be exceeded. when a contract includes both supplies and services, the 50 percent limitation shall apply only',
34749:'to the supply portion of the contract; 3 general construction, it will not pay more than 85 percent of the',
34750:'amount paid by the government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated',
34751:'entities. any work that a similarly situated entity further subcontracts will count towards the prime contractors 85 percent subcontract amount',
34752:'that cannot be exceeded; or 4 construction by special trade contractors, it will not pay more than 75 percent of',
34753:'the amount paid by the government for contract performance, excluding the cost of materials, to subcontractors that are not similarly',
34754:'situated entities. any work that a similarly situated entity further subcontracts will count towards the prime contractors 75 percent subcontract',
34755:'amount that cannot be exceeded. f the contractor shall comply with the limitations on subcontracting as follows: 1 for contracts,',
34756:'in accordance with paragraphs c1, 2, 3 and 6 of this clause— [contracting officer check as appropriate.] □ by the',
34757:'end of the base term of the contract and then by the end of each subsequent option period; or □',
34758:'by the end of the performance period for each order issued under the contract. 2 for orders, in accordance with',
34759:'paragraphs c4 and 5 of this clause, by the end of the performance period for the order. g a joint',
34760:'venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph e of this clause will',
34761:'be performed by the aggregate of the joint venture participants. 1 in a joint venture comprised of a small business',
34762:'protégé and its mentor approved by the small business administration, the small businessprotégé shall perform at least 40 percent of',
34763:'the work performedby the joint venture. work performed by the small business protégé in the joint venture must be more',
34764:'than administrative functions. 2 in an 8a joint venture, the 8a participants shall perform at least 40 percent of the',
34765:'work performed by the joint venture. work performed by the8aparticipantsin the joint venturemust be more than administrative functions. end of',
34766:'clause 52.21915 [reserved] 52.21916 liquidated damagessubcontracting plan. as prescribed in 19.708b2, insert the following clause: liquidated damagessubcontracting plan sep 2021',
34767:'a failure tomakea good faith effort to complywith the subcontracting plan, as usedin this clause, means a willful or intentional',
34768:'failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled',
34769:'small business subcontracting plan, or willful or intentional action to frustrate the plan. 52.2196 subpart 52.2 text of provisions and',
34770:'clauses 52.21918 b performance shall be measuredby applying the percentage goals to the total actual subcontracting dollars or,if a commercial',
34771:'plan is involved, to the pro rata share of actual subcontracting dollars attributable to government contracts covered bythe commercial plan.',
34772:'if, at contractcompletion or,in the case of a commercial plan, at theclose of the fiscal year for whichthe plan isapplicable,',
34773:'thecontractor has failedto meetits subcontracting goalsand the contracting officer decidesin accordance with paragraph c of this clause that the contractor',
34774:'failed to make a good faitheffort to comply with its subcontracting plan see 19.7057, established in accordance with the clause',
34775:'in this contract entitled small business subcontracting plan, the contractor shall pay the government liquidated damages in an amount stated.',
34776:'the amount of probable damages attributable to the contractor’s failure to comply shall be an amount equal to the actual',
34777:'dollar amount by which the contractor failed to achieve each subcontract goal. c before the contracting officer makes a final',
34778:'decisionthat thecontractor has failedto make such good faitheffort, thecontracting officer shall give the contractorwritten notice specifying thefailureandpermitting the contractorto demonstrate',
34779:'what good faith efforts have been made and to discuss thematter. failure to respond tothe notice may be taken as',
34780:'an admission that no valid explanation exists. if, after consideration ofallthe pertinent data, the contracting officer finds that the contractor',
34781:'failed to make a good faitheffort to comply with the subcontracting plan, the contractingofficer shall issue a finaldecision to that',
34782:'effectand require that the contractor pay the government liquidateddamagesas provided in paragraph b of this clause. d with respectto commercial',
34783:'plans, thecontracting officer who approved the plan will perform the functions of the contracting officerunder this clause on behalf of',
34784:'all agencies with contractscovered by thecommercial plan. e the contractor shall have the right of appeal, under the clause in',
34785:'this contract entitled, disputes, from any final decision ofthe contracting officer. f liquidated damages shall be in addition to any',
34786:'other remedies that the government may have. end of clause 52.21917 section 8a award. as prescribed in 19.8113c, insert the',
34787:'following clause: section8a award oct 2019 a by execution of a contract, the small business administration sba agrees to the',
34788:'following: 1 to furnishthe supplies or services set forth inthe contract according tothe specifications andthe terms and conditions by subcontracting',
34789:'with the offeror who hasbeendetermined an eligibleconcern pursuantto the provisionsof section8a of the small business act, as amended 15 u.s.c.',
34790:'637a. 2 except for novation agreements, delegates to the [insert name of contracting activity]the responsibility for administering the contract with',
34791:'complete authority to take any action on behalf of the government under the terms and conditions of the contract; provided,',
34792:'however that the contracting agency shall give advance notice to the sba before it issues a final notice terminating the',
34793:'right of the subcontractor to proceed with further performance, either in whole or in part, under the contract. 3 that',
34794:'payments to be made under the contract willbe made directly tothe subcontractor by the contracting activity. 4 to notify the',
34795:'[insert name of contracting agency] contracting officer immediatelyupon notification by the subcontractor that the owner or owners upon whom 8a',
34796:'eligibility was based plan to relinquish ownership or control of the concern. 5 that the subcontractor awarded a subcontract hereunder',
34797:'shall have the right of appeal from decisions of the cognizantcontracting officer underthe disputes clause of the subcontract. b the',
34798:'offeror/subcontractor agreesand acknowledges that it will, for and on behalf of the sba, fulfill and perform all of the requirements',
34799:'of the contract. end of clause 52.21918 notification of competition limited to eligible 8a participants. as prescribed in 19.8113d, insert',
34800:'the following clause: notification of competition limited to eligible 8a participants oct 2022 52.2197 52.21919 federal acquisition regulation a offers',
34801:'are solicitedonlyfrom— 1 small business concerns expressly certified by the small business administration sba for participation in sbas 8a program',
34802:'and which meet the following criteria at the time of submission ofoffer— ithe offeror is in conformance with the8a support',
34803:'limitationset forthin itsapproved business plan;and iithe offeror is in conformance with thebusinessactivity targets setforth in its approved business plan orany',
34804:'remedial action directed by sba; 2 a joint venture, in which at least one of the 8a program participants that',
34805:'is a party to the joint venture complies with the criteria set forth in paragraph a1 of this clause, that',
34806:'complies with 13 cfr 124.513c; or 3 a joint venture— i that is comprised of a mentor and an 8a',
34807:'protégé with an approved mentorprotégé agreement under the 8a program; ii in which at least one of the 8a program',
34808:'participants that is a party to the joint venture complies with the criteria set forth in paragraph a1 of this',
34809:'clause; and iii that complies with 13 cfr 124.513c. b by submission of its offer, theofferor represents thatitmeetsthe applicable criteria',
34810:'set forth in paragraph a of this clause. c any award resulting from this solicitation will be made to the',
34811:'small business administration, which will subcontract performanceto the successful 8aofferor selected through the evaluation criteria setforth in this solicitation. a',
34812:'contracting officer may consider a jointventure for contract award. sba does notapprovejoint ventures for competitiveawards, but see 13 cfr 124.501g',
34813:'for sbasdeterminationof participanteligibility. d the [insert name of sbas contractor]will notify the [insert name of contracting agency]contracting officer in writing',
34814:'immediately upon enteringan agreement either oralor written to transfer all or part of its stock. end of clause alternate i',
34815:'mar 2023. if the competition is to be limited to 8a participants within one or more specific sba regions or',
34816:'districts, add the following paragraph a1iii to paragraph a of the clause: iii the offerors approved business plan is on',
34817:'the fileand serviced by [ contracting officer completes by inserting the appropriate sba district and/or area offices as identified by',
34818:'the sba]. 52.21919 [reserved] 52.21920 [reserved] 52.21921 [reserved] 52.21922 [reserved] 52.21923 [reserved] 52.21924 [reserved] 52.21925 [reserved] 52.21926 [reserved] 52.21927 noticeof',
34819:'setaside for, or solesource award to, servicedisabledveteranowned small business sdvosb concernseligible underthe sdvosb program. as prescribed in 19.1408, insert the',
34820:'following clause: notice of setaside for, or solesource award to, servicedisabled veteranowned small business sdvosb concerns eligible under the sdvosb',
34821:'program. feb 2024 52.2198 subpart 52.2 text of provisions and clauses 52.21928 a definition. servicedisabled veteranowned small business sdvosb concern',
34822:'means a small business concern— 1 inotlessthan51percentofwhichisownedandcontrolledbyoneormoreservicedisabledveteransor,inthe case of any publicly owned business, not less than 51 percent of the',
34823:'stock of which is owned by one or more servicedisabled veterans; and ii the management and daily business operations of',
34824:'which are controlled by one or more servicedisabled veterans or, in the case of a servicedisabledveteran with permanent and severe',
34825:'disability, the spouse or permanent caregiver of such veteran; or 2 a small business concern eligible under the sdvosb program',
34826:'in accordance with 13 cfr part 128 see subpart 19.14. 3 servicedisabled veteran, as used in this definition, means a',
34827:'veteran as defined in 38 u.s.c. 1012, with a disability that is serviceconnected, as defined in 38 u.s.c. 10116 and',
34828:'who is registered in the beneficiary identification and records locator subsystem, orsuccessorsystemthat ismaintained by the departmentof veterans affairs’ veterans benefits',
34829:'administration, as a servicedisabled veteran. servicedisabled veteranowned small business sdvosb concern eligible under the sdvosb program means an sdvosb concern',
34830:'that— 1 effective january 1,2024, is designated inthe system for award management sam ascertifiedby the small business administration sba in',
34831:'accordance with 13 cfr 128.300; or 2 has represented that it is an sdvosb concern in sam and submitted a',
34832:'complete application for certification to sba on or before december 31, 2023. servicedisabled veteranowned small business sdvosb program means a',
34833:'program that authorizes contracting officers to limit competition, including award on a solesource basis, to sdvosb concerns eligible under the',
34834:'sdvosb program. b applicability. this clause applies only to— 1 contracts thathavebeenset asidefor, or awarded on a solesource basis to,',
34835:'sdvosb concerns eligible under the sdvosb program; 2 part or parts of a multipleaward contract that have been set aside',
34836:'for sdvosb concerns eligible under the sdvosb program; 3 orders set aside for sdvosb concerns eligible under the sdvosb program,',
34837:'under multipleaward contracts as described in 8.4055 and 16.505b2if; and 4 orders issued directly to sdvosb concerns eligible under the',
34838:'sdvosb program, under multipleaward contracts as described in 19.504c1ii. c general. 1effectivejanuary1,2024,forsdvosbsetasideorsolesourceprocurements,offersaresolicitedonly from, and awards resulting from this solicitation will',
34839:'be made only to, concerns— i designated in sam as an sdvosb concern certified by sba; or ii that have',
34840:'represented their status as an sdvosb in sam and submitted a complete application for certification to sba on or before',
34841:'december 31, 2023. 2 offers received fromconcerns that do not meet the criteria of paragraph c1i or ii of this',
34842:'clause, shall notbe considered. d a joint venture may be considered an sdvosb concern if the managing partner of the',
34843:'joint venture complies with the criteria defined in paragraph a of this clause and 13 cfr 128.402. e in a',
34844:'joint venture that complies with paragraph d of this clause, the sdvosb party or parties to the joint venture shall',
34845:'perform at least 40 percent of the work performed by the joint venture. work performedby the sdvosb party or partiesto',
34846:'the joint venture must be more than administrative functions. end of clause 52.21928 postawardsmall business programrerepresentation. as prescribed in 19.309c1,',
34847:'insert the following clause: postaward small business program rerepresentation feb 2024 a definitions. as used in this clause— 52.2199 52.21928',
34848:'federal acquisition regulation longterm contract means a contract of more than fiveyears induration, including options. however,the term does not include',
34849:'contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not',
34850:'to exceed six months under the clause at 52.2178, option to extend services, orotherappropriate authority. small business concern— 1 means',
34851:'a concern, including itsaffiliates, that is independently owned and operated, not dominant inits field of operation, and qualified as a',
34852:'small business under the criteria in 13 cfr part 121 and the size standard in paragraph d of this clause.',
34853:'2 affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the',
34854:'power to control the others, or a third party or parties control or have the power to control the others.',
34855:'in determining whether affiliationexists, consideration is given to all appropriate factors including commonownership, commonmanagement, and contractualrelationships. sbadeterminesaffiliation based onthe factors',
34856:'setforth at 13 cfr121.103. b if the contractor represented that it was any of the small business concerns identified in',
34857:'19.000a3 prior to award of this contract, the contractor shall rerepresent its size and socioeconomicstatus according to paragraph fof this',
34858:'clauseor, if applicable, paragraph h of this clause, upon occurrence of any of the following: 1 within 30 days after',
34859:'execution of a novation agreement or within30 days aftermodification of the contract to include this clause, if the novation agreement',
34860:'was executed prior to inclusion of this clause in the contract. 2 within 30 days after a mergeror acquisition that',
34861:'does not require anovation or within30 days aftermodification of thecontract to include this clause,if the merger or acquisition occurred prior',
34862:'toinclusionof this clause in the contract. 3 for longterm contracts iwithin 60 to 120 days prior tothe end of the',
34863:'fifth year of the contract; and iiwithin 60 to 120 days prior to the datespecified in the contract for exercising',
34864:'any option thereafter. c if the contractor represented that it was any of the small business concerns identified in 19.000a3',
34865:'prior to award of this contract, the contractor shall rerepresent its size and socioeconomic status according to paragraph f of',
34866:'this clause or, ifapplicable, paragraph h of this clause, when thecontracting officer explicitly requires it for anorder issued undera multipleaward',
34867:'contract. d the contractor shall rerepresent its size status in accordance with the size standard in effect at the time',
34868:'of this rerepresentation that corresponds to the north american industry classification system naics codes assigned to this contract. the small',
34869:'business size standard corresponding to this naics codes can be found at https://www.sba.gov/ document/supporttablesizestandards. e the small business size standard',
34870:'for a contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other',
34871:'than a construction or service contract, is 500 employees, or 150 employees for information technology valueadded resellers under naics code',
34872:'541519, if the acquisition— 1 was set aside for small business andhas a value above the simplified acquisition threshold; 2',
34873:'used the hubzone price evaluation preference regardless of dollar value, unless the contractor waived the price evaluation preference; or 3',
34874:'was an8a, hubzone, servicedisabledveteranowned, economically disadvantaged womenowned, or women owned small business setaside or solesource award regardless of dollar value.',
34875:'f except as provided in paragraph h of this clause, the contractor shall make the representations required by paragraph b',
34876:'and c of this clause by validating or updating all its representations in the representations and certifications section of the',
34877:'system for award management sam and its other datain sam, asnecessary, to ensure that they reflect the contractors current status.',
34878:'the contractor shall notify thecontracting office in writing within the timeframes specifiedin paragraph b of this clause, or with its',
34879:'offer for an order see paragraph c ofthisclause, thatthe data have been validated or updated, and provide the date of',
34880:'the validation or update. g if the contractor represented that it was other than a small business concern prior to',
34881:'award of this contract, the contractor may,but is not required to, takethe actionsrequired by paragraphs f orhof this clause. h',
34882:'if the contractor does not have representations and certifications in sam, or does not have a representation in sam for',
34883:'the naics code applicable to this contract, the contractor is required to complete the following rerepresentation and submititto the contracting',
34884:'office, along with the contract number andthe date onwhich the rerepresentation was completed: 1 the contractor represents that it □',
34885:'is, □ is not a small business concern under naics code assigned to contract number . 2 [complete only if',
34886:'the contractor represented itself as a small business concern in paragraph h1 of this clause.] the contractor represents that it',
34887:'□ is, □ is not, a small disadvantaged business concern as defined in 13 cfr 124.1001. 52.2200 subpart 52.2 text',
34888:'of provisions and clauses 52.21929 3 [complete only if the contractor represented itself as a small business concern in paragraph',
34889:'h1 of this clause.] the contractor represents that it □ is, □ is not a womenowned small business concern. 4',
34890:'womenowned small business wosb joint venture eligible underthe wosb program. the contractor represents that it □ is, □ is not',
34891:'a joint venture that complies with the requirements of 13 cfr 127.506a through c. [ the contractor shall enter the',
34892:'name and unique entity identifier of each party to the joint venture: .] 5 economically disadvantaged womenowned small business edwosb',
34893:'joint venture. the contractor represents that it □ is, □ is not a joint venture that complies with the requirements',
34894:'of 13 cfr 127.506a through c. [ the contractor shall enter the name and unique entity identifier of each party',
34895:'to the joint venture: .] 6 [complete only if the contractor represented itself as a small business concern in paragraph',
34896:'h1 of this clause. ] the contractor represents that it □ is, □ is not a veteranowned small business concern.',
34897:'7 [complete only if the contractor represented itself as a veteranowned small business concern in paragraph h6 of this clause.]',
34898:'the contractor represents that it □ is, □ is not a servicedisabled veteranowned small business concern. 8 servicedisabled veteranowned small',
34899:'business sdvosb joint venture eligible under the sdvosb program. the contractor represents that it □ is, □ is not an',
34900:'sdvosb joint venture eligible under the sdvosb program that complies with the requirements of 13 cfr 128.402. [ the contractor',
34901:'shall enter the name and unique entity identifier of each party to the joint venture: .] 9 [ complete only',
34902:'if the contractor represented itself as a small business concern in paragraph h1 of this clause. ] the contractor represents',
34903:'that— i it □ is, □ is not a hubzone small business concern listed, on the date of this representation,',
34904:'on the list of qualified hubzone small business concerns maintained by the small business administration, and no material changes in',
34905:'ownership and control,principal office, or hubzone employee percentage have occurred since it was certified in accordance with 13 cfr part',
34906:'126; and ii it □ is, □ is not a hubzone joint venture that complies with the requirements of 13',
34907:'cfr part 126, and the representation in paragraph h8i of this clause is accurate for each hubzone small business concern',
34908:'participating in the hubzone joint venture. [ the contractor shall enter the names of each of the hubzone small business',
34909:'concerns participating in the hubzone joint venture: . ] each hubzone small business concern participating in the hubzone joint venture',
34910:'shall submit a separate signed copy of the hubzone representation. [ contractor to sign and date and insert authorized signers',
34911:'name and title. ] end of clause alternate i mar 2020. as prescribed in 19.309c2, substitute the following paragraph h1',
34912:'for paragraph h1 of the basic clause: h1 the contractor represents its small business size status for each one of',
34913:'the naics codes assigned to this contract. naics code small business concern yes/no [contracting officer to insert naics codes.] 52.21929',
34914:'noticeof setaside for, or solesource award to, economically disadvantagedwomenowned small business concerns. as prescribed in 19.1508, insert the following clause:',
34915:'notice of setaside for, or solesource award to, economically disadvantaged womenowned small business concerns oct 2022 a definitions. economically disadvantaged',
34916:'womenowned small business edwosb concern as used in this clause, means a small business concernthat is at least51 percent directly',
34917:'andunconditionally owned by,andthe management and dailybusiness 52.2201 52.21930 federal acquisition regulation operations of which are controlled by, one or more',
34918:'women who are citizens of the united states andwho are economically disadvantaged in accordance with 13 cfr part 127, and',
34919:'is certified pursuant to 13 cfr 127.300 as an edwosb. it automatically qualifies as a womenowned small business wosb concern',
34920:'eligible under the wosb program. wosb program repository meansa secure,webbased application that collects, stores, and disseminates documents to the contracting',
34921:'community and sba, which verify the eligibility of a business concern for a contract to be awarded under the wosb',
34922:'program. b applicability. this clause applies only to— 1 contracts thathavebeenset asidefor, or awarded on a solesource basis to, edwosb',
34923:'concerns; 2 part or parts of a multipleaward contract that have been set aside for edwosb concerns; 3 orders set',
34924:'aside for edwosb concerns under multipleaward contracts as described in 8.4055 and 16.505b2i f; and 4 orders issued directly to',
34925:'edwosb concerns under multipleaward contracts as described in 19.504c1ii. c general. 1 for edwosb setaside procurements,offers aresolicited only from certified',
34926:'edwosb concerns or edwosb concerns with a pending application for certification in the dynamic small business search dsbs. 2 for',
34927:'edwosb solesource awards,offers aresolicited only from certified edwosb concerns. 3 offers received fromotherconcerns willnot be considered. 4 any award resulting',
34928:'from this solicitation will be made to a certified edwosb concern. d joint venture. a joint venture may be considered',
34929:'an edwosb concern if— 1 at least one party to the joint venture complies with the criteria defined in paragraph',
34930:'a and paragraph c3 of this clause, and 13 cfr 127.506c; and 2 each party to the joint venture qualifies',
34931:'as small under the size standard for the solicitation, or the protégé is small under the size standard for the',
34932:'solicitation in a joint venture comprised of a mentor and protégé with an approved mentor protégé agreement under the sba',
34933:'mentorprotégé program. e in a joint venture that complies with paragraph d of this clause, the edwosb party or parties',
34934:'to the joint venture shall perform at least 40 percent of the work performed by the joint venture. work performedby',
34935:'the edwosb partyor parties to the joint venture must be more than administrative functions. end of clause 52.21930 noticeof setaside',
34936:'for, or solesource award to, womenowned small business concernseligible under the womenowned smallbusiness program. as prescribed in 19.1508b, insert the',
34937:'following clause: notice of setaside for, or solesource award to, womenowned small business concerns eligible under the womenowned small business',
34938:'program oct 2022 a definitions. as used in this clause— womenowned small business wosb concern eligible under the wosb program',
34939:'in accordance with 13 cfr part 127, as used in this clause, meansa small business concern that is atleast 51',
34940:'percent directly and unconditionally owned by, and themanagement and daily business operations of which are controlled by, one or more',
34941:'women who are citizens of the united states, and the concern is certified by sba or an approved thirdparty certifier',
34942:'in accordance with 13 cfr 127.300 as a wosb. a certified edwosb is automatically eligible as a certified wosb. wosb',
34943:'program repository meansa secure,webbased application that collects, stores, and disseminates documents to the contracting community and sba, which verify the',
34944:'eligibility of a business concern for a contract to be awarded under the wosb program. b applicability. this clause applies',
34945:'only to 1 contracts thathavebeenset asidefor, or awarded on a solesource basis to, wosb concerns eligible under the wosb program;',
34946:'2 part or parts of a multipleaward contract that have been set aside for wosb concerns eligible under the wosb',
34947:'program; 3 orders set aside for wosb concerns eligible under the wosb program, under multipleaward contracts as described in 8.4055',
34948:'and 16.505b2if; and 52.2202 subpart 52.2 text of provisions and clauses 52.21933 4 orders issued directly to wosb concerns eligible',
34949:'under the wosb program under multipleaward contracts as described in 19.504c1ii. c general. 1 for wosb setaside procurements,offers aresolicited only',
34950:'from certified wosb concerns eligible under the wosb program or wosb concerns with a pending application for certification status in',
34951:'the dynamic small business search dsbs. 2 for wosb solesource awards,offers aresolicited only from certified wosb concerns. 3 offers received',
34952:'fromotherconcerns shall notbe considered. 4 any award resulting from this solicitation will be made to a certified wosb concern eligible',
34953:'under the wosb program. d joint venture. a joint venture may be considered a wosb concern eligible under the wosb',
34954:'program if— 1 at least one party to the joint venture complies with the criteria defined in paragraph a and',
34955:'c3 of this clause, and 13 cfr 127.506c; and 2 each party to the joint venture qualifies as small under',
34956:'the size standard for the solicitation, or the protégé is small under the size standard for the solicitation in a',
34957:'joint venture comprised of a mentor and protégé with an approved mentor protégé agreement under the sba mentorprotégé program. e',
34958:'in a joint venture that complies with paragraph d of this clause, the wosb party or parties to the joint',
34959:'venture shall perform at least 40 percent of the work performed by the joint venture. work performedby the wosb partyor',
34960:'partiesto the joint venture must be more than administrative functions. end of clause 52.21931 notice of small business reserve. as',
34961:'prescribed in 19.507g1, insert the following provision: notice of small business reserve mar 2020 a this solicitation contains a reserve',
34962:'for one or more small business concerns identified at 19.000a3. the small business program eligibilityrequirements apply. b the small businessconcerns',
34963:'eligible for participationin thereserve shall submit one offerthat addresses each portion of the solicitation for which it wants to compete.',
34964:'award of the contractwill be basedon criteria identified elsewhere in the solicitation. end of provision 52.21932 orders issued directly under',
34965:'small business reserves as prescribed in 19.507g2, insert the following clause: orders issued directly under small business reserves mar 2020',
34966:'a applicability. this clause applies only to contracts that were reserved for any of the small business concerns identified at',
34967:'19.000a3. b if there is only one contract award to any one type of small business concern identified in 19.000a3',
34968:'as a result of thereserve,the contracting officermay issue anorder or orders directly to the concern. end of clause 52.21933 nonmanufacturerrule.',
34969:'as prescribed in 19.507h, insert the following clause: nonmanufacturer rule sep 2021 a definitions. as used in this clause— 52.2203',
34970:'federal acquisition regulation manufacturer means the concern that transforms raw materials, miscellaneous parts, or components into the end item. concerns',
34971:'that only minimally alter the item being procured do not qualify as manufacturers of the end item. concerns that add',
34972:'substances, parts, or components to an existing end item to modify its performance will not be considered the end item',
34973:'manufacturer, where those identical modifications can beperformed by andare available from the manufacturer of the existing end item. nonmanufacturer meansa',
34974:'concern, including asupplier, that provides an end itemitdid not manufacture, process, or produce. b applicability. 1 this clause does not',
34975:'apply to contracts awarded pursuant to the unrestricted portion of a partial setaside or to a contractor that is the',
34976:'manufacturer of the product or end item. 2 this clause applies to— i contracts that have been awarded pursuant to',
34977:'a setaside, in total or in part, for any of the small business concerns identified in 19.000a3; ii contracts that',
34978:'have been awarded on a solesource basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; iii orders expected to',
34979:'exceed the simplified acquisition threshold and that are— a set aside for small business under multipleaward contracts, as described in',
34980:'8.4055 and 16.505b2if; or b issued directly to a small business concern under multipleaward contracts as described in 19.504c1ii; iv',
34981:'orders, regardless of dollar value, that are— a set aside in accordance with subparts 19.8, 19.13, 19.14, and 19.15 under',
34982:'multipleaward contracts as described in 8.4055 and 16.505b2if; or b issued directly to concerns that qualify for the programs described',
34983:'in subparts 19.8, 19.13, 19.14, and 19.15 under multipleaward contracts as described in 19.504c1ii; and v contracts using the hubzone',
34984:'price evaluation preference to award to a hubzone concern unless the contractor waived the evaluation preference. c requirements. 1 the',
34985:'contractor shall— i provide an end item that a small business has manufactured, processed, or produced in the united states',
34986:'or its outlying areas; for kit assemblers who are nonmanufacturers, see paragraph c2 of this clause instead; ii be primarily',
34987:'engaged in the retail or wholesale trade and normally sell the type of item being supplied; and iii take ownership',
34988:'or possession ofthe items withits personnel, equipment, or facilities in a manner consistent with industry practice; for example,providing storage, transportation,',
34989:'or delivery. 2 when the end item being acquired is a kit of supplies, at least 50 percent of the',
34990:'total cost of the components of the kit shall be manufactured, processed, or produced in the united states or its',
34991:'outlying areas by small business concerns. end of clause 52.220[reserved] 52.221[reserved] 52.2204 subpart 52.2 text of provisions and clauses 52.2223',
34992:'52.222[reserved] 52.2221 notice to the government of labor disputes. as prescribed in 22.1035a, insert the following clause: notice to the',
34993:'government of labor disputes feb 1997 if the contractor has knowledge that any actual or potential labor dispute is delaying',
34994:'or threatens to delay the timely performance of this contract, the contractor shall immediately give notice, including all relevant information,',
34995:'to the contracting officer. end of clause 52.2222payment for overtime premiums. as prescribed in 22.1035b, insert the following clause: payment',
34996:'for overtime premiums july 1990 a the use of overtime is authorized under this contract if the overtime premium does',
34997:'not exceed or the overtime premium is paid for work 1 necessary tocopewith emergencies such as those resulting from accidents,',
34998:'natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature; 2 by indirectlabor employees such as',
34999:'those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting; 3 to',
35000:'perform tests, industrialprocesses, laboratory procedures, loading or unloading of transportationconveyances, and operations in flight or afloat that are continuous in',
35001:'nature and cannot reasonably be interrupted or completed otherwise; or 4 that will result in lower overall costs to the',
35002:'government. b any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for',
35003:'contract completion and shall 1 identify the work unit; e.g., department or section in which the requested overtime will be',
35004:'used, together with present workload,staffing, and other dataof the affectedunit sufficientto permit the contractingofficer to evaluate the necessity for the',
35005:'overtime; 2 demonstrate the effect that denial of the request will have onthe contract deliveryor performance schedule; 3 identifythe extent',
35006:'to which approval ofovertime would affect the performance or payments in connection with other government contracts, together withidentification of eachaffected',
35007:'contract; and 4 provide reasons why the required work cannot be performed by using multishift operations or by employing additional',
35008:'personnel. insert either zero or the dollar amount agreed to during negotiations. the inserted figure does not apply to the',
35009:'exceptions in paragraph a1 through a4 of the clause. end of clause 52.2223convict labor. as prescribed in 22.202, insert the',
35010:'following clause: convict labor june 2003 a except as provided in paragraph b of this clause, the contractor shall not',
35011:'employ in the performance of this contract any person undergoing asentence of imprisonmentimposedby any court of a state, the districtof',
35012:'columbia, puerto rico, thenorthern mariana islands, american samoa, guam, orthe u.s. virgin islands. b the contractor is not prohibited from',
35013:'employing persons 1 on parole or probation to work at paid employment during the term of their sentence; 52.2205 52.2224',
35014:'federal acquisition regulation 2 who have been pardoned or who have served their terms; or 3 confined for violation of',
35015:'the laws of any of the states, the district of columbia, puerto rico, the northern mariana islands, american samoa, guam,',
35016:'orthe u.s. virgin islandswho are authorized to work at paid employment in the community under the laws of such jurisdiction,',
35017:'if i the worker is paid or is in an approved work training program on a voluntary basis; iirepresentatives oflocal',
35018:'union central bodies or similar labor union organizationshavebeenconsulted; iii such paid employment will not result in the displacement of employed',
35019:'workers, or be applied in skills, crafts, or trades in whichthere is a surplus ofavailable gainful labor in the locality,',
35020:'or impairexisting contracts for services; iv the rates of pay and other conditions of employment will not be less than',
35021:'those paid or provided for work of a similar nature in the locality in which the work is being performed;',
35022:'and v the attorney general of the united states has certified that the workrelease laws or regulations of the jurisdiction',
35023:'involved are in conformity with therequirements of executive order11755, as amended byexecutive orders 12608 and 12943. end of clause 52.2224contractwork',
35024:'hours and safety standards overtimecompensation. as prescribed in 22.305, insert the following clause: contract work hours and safety standardsovertime compensation',
35025:'may 2018 a overtime requirements. no contractor or subcontractor employing laborers or mechanics see federal acquisition regulation 22.300 shall require',
35026:'or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2',
35027:'times the basic rate of pay for each hour worked over 40 hours. b violation; liability for unpaid wages; liquidated',
35028:'damages. the responsible contractor and subcontractor are liable for unpaid wages if they violate the terms in paragraph a of',
35029:'this clause. in addition, the contractor and subcontractor are liable for liquidated damages payable to the government. the contracting officer',
35030:'will assess liquidated damages at therate specified at 29 cfr 5.5b2 per affected employee for each calendarday on which the',
35031:'employer required or permitted the employee to work in excess of the standard workweek of 40 hours without paying overtime',
35032:'wages required by the contract work hours andsafety standards statute found at 40 u.s.c. chapter 37. in accordance with the',
35033:'federal civil penalties inflation adjustment act of 1990 28 u.s.c. 2461 note, the department of labor adjusts this civil monetary',
35034:'penalty for inflation no later than january 15 each year. c withholding for unpaid wages and liquidated damages. the contracting',
35035:'officer will withholdfrom payments due underthe contract sufficientfundsrequired to satisfyany contractoror subcontractor liabilities for unpaidwagesand liquidated damages. if amounts withheld',
35036:'under the contract are insufficient to satisfycontractor or subcontractor liabilities, thecontracting officer will withhold payments from other federal orfederally assisted',
35037:'contracts held by the same contractor that are subject to the contract work hoursandsafety standards statute d payrolls and basic',
35038:'records. 1 the contractor and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working',
35039:'on the contract during the contract and shall make them available to the government until 3 years after contract completion.',
35040:'the records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages',
35041:'paid, dailyandweekly number of hours worked, deductions made, and actual wages paid. the records need not duplicate those required for',
35042:'construction work by department of labor regulations at 29 cfr 5.5a3 implementing the construction wage rate requirements statute. 2 the',
35043:'contractor and its subcontractors shall allow authorized representatives of the contractingofficer orthe department of labor to inspect, copy, or transcribe',
35044:'records maintained under paragraph d1 of thisclause. the contractor or subcontractor also shall allow authorized representatives of the contracting officer',
35045:'or department of labor to interview employees in the workplace during working hours. e subcontracts. the contractor shall insert the',
35046:'provisions set forth in paragraphs a through d of this clause in subcontracts that may require or involve the employment',
35047:'of laborers and mechanics and require subcontractors to include these provisions in any such lower tier subcontracts. the contractor shall',
35048:'be responsible for compliance by any subcontractor or lowertier subcontractor with the provisions set forth in paragraphs a through d',
35049:'of this clause. end of clause 52.2206 subpart 52.2 text of provisions and clauses 52.2226 52.2225construction wagerate requirementssecondary site of',
35050:'the work. as prescribed in 22.407h, insert the following provision: construction wage rate requirementssecondary site of the work may 2014',
35051:'a 1theofferorshallnotifythegovernmentiftheofferorintendstoperformworkatanysecondarysiteofthework,as definedin paragraph a1ii of the far clause at 52.2226, construction wagerate requirements, of this solicitation. 2 if the',
35052:'offeroris unsure if a plannedwork site satisfies the criteria for asecondary site ofthe work, the offeror shall request a determination',
35053:'from the contracting officer. b 1 if the wage determination provided by the government for work at the primary site',
35054:'of the work is not applicable to thesecondary site ofthe work, theofferor shall request a wagedetermination from the contracting officer.',
35055:'2 the due date for receipt of offers will not be extended as a result of an offeror’s request for',
35056:'a wage determination for a secondary site of the work. end of provision 52.2226construction wagerate requirements. as prescribed in 22.407a,',
35057:'insert the following clause: construction wage rate requirements aug 2018 a definition.—site of the work— 1 means— i the primary',
35058:'site of the work. the physical place or places where the construction called for in the contract will remain when',
35059:'work on it is completed; and ii the secondary site of the work, if any. any other site where a',
35060:'significant portion of the building or work is constructed, provided that such site is a located in the united states;',
35061:'and b established specifically for the performance of the contract or project; 2 except as provided in paragraph 3 of',
35062:'this definition, includes any fabrication plants, mobile factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided ithey are',
35063:'dedicatedexclusively, or nearly so, to performance of thecontract or project; and ii they are adjacent or virtually adjacent to the',
35064:'primary site of the work as defined in paragraph a1i, or the secondary site of the work as defined in',
35065:'paragraph a1ii of this definition; 3 does not include permanent home offices, branch plantestablishments, fabricationplants, or tool yards of a',
35066:'contractor or subcontractor whose locations and continuance in operation are determined wholly without regard to a particular federal contract or',
35067:'project. in addition, fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or material supplier which',
35068:'are established by a supplier of materials for the project before opening of bids and not on the project site,',
35069:'are not included in the site of the work. such permanent, previously established facilities are not a part of the',
35070:'site of the work even if the operations for a period of time may be dedicated exclusively or nearly so,',
35071:'to the performance of a contract. b 1 all laborers and mechanics employed or working upon the site of the',
35072:'work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on',
35073:'any account except such payroll deductions as are permitted by regulations issued by the secretary of labor under the copeland',
35074:'act 29 cfr part 3, the full amount of wages and bona fide fringe benefits or cash equivalents thereof due',
35075:'at time of payment computed at rates not less than those contained in the wage determination of the secretary of',
35076:'labor which is attached hereto and made a part hereof, or as may be incorporated for a secondary site of',
35077:'the work, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and',
35078:'mechanics. any wage determination incorporated for a secondary site of the work shall be effective from the first day on',
35079:'which workunder thecontract was performed at that site and shall be incorporated without any adjustment in contract price or estimated',
35080:'cost. laborers employed by the construction contractor or construction subcontractor that are transporting portions of the building or work between',
35081:'the secondary site of the work and the primary site of the work shall be paid in accordance with the',
35082:'wage determination applicable to the primary site of the work. 52.2207 52.2226 federal acquisition regulation 2 contributions made or costs',
35083:'reasonably anticipated for bona fide fringe benefits under section 1b2 of the construction wage raterequirements statute on behalf of laborers',
35084:'or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph e of this',
35085:'clause; also, regular contributions made or costs incurred for more than a weekly period but not less often than quarterly',
35086:'under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during',
35087:'such period. 3 such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits',
35088:'in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the',
35089:'clause entitled apprentices and trainees. laborers ormechanics performing work in more than one classification may be compensatedat the rate specifiedforeach',
35090:'classification for the time actually worked therein; providedthat the employer’s payroll records accurately set forth the time spent in each',
35091:'classification in which work is performed. 4 the wage determination including any additional classifications and wage rates conformed under paragraph',
35092:'c of this clause and theconstructionwage rate requirements davisbacon act posterwh1321 shall be posted atall times by the contractor and',
35093:'its subcontractorsat the primary site of the workandthe secondarysite of thework,if any, in a prominent and accessible place where it',
35094:'can be easily seen by the workers. c 1thecontractingofficershallrequirethatanyclassoflaborersormechanicswhichisnotlistedinthe wage determination and which is to be employed under the contract',
35095:'shall be classified in conformance with the wage determination. the contracting officer shall approve an additional classification and wage rate',
35096:'and fringebenefits therefor only when all the following criteria have been met: i the work to be performed by the',
35097:'classification requested is not performed by a classification in the wage determination. iithe classification is utilized in the area by',
35098:'the construction industry. iii the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the',
35099:'wage rates contained in the wage determination. 2 if the contractor and the laborers and mechanics to be employed in',
35100:'the classification if known, or their representatives, and thecontracting officer agree on the classificationandwage rateincluding the amount designatedfor fringe benefits,',
35101:'where appropriate, a report of the action taken shall besent bythe contracting officerto the administrator of the: wage and hourdivision',
35102:'u.s. department of labor washington,dc 20210 the administrator oran authorized representative will approve, modify, or disapprove every additional classification action',
35103:'within 30 daysof receipt and so advise the contracting officer or will notify the contracting officer within the 30day period',
35104:'that additional timeis necessary. 3 in the event the contractor, the laborers ormechanicsto beemployed in the classification,or their representatives, and',
35105:'the contractingofficer do notagreeon the proposedclassification and wage rate includingthe amountdesignated for fringe benefits, where appropriate, the contracting officer shall',
35106:'referthe questions, including the views ofall interested parties and the recommendationof the contracting officer, to the administrator ofthe wage and',
35107:'hourdivision for determination. the administrator, or an authorizedrepresentative, will issuea determination within 30 daysof receipt and so advisethe contracting officeror',
35108:'will notify the contracting officer within the 30day periodthat additional timeis necessary. 4 the wage rate including fringe benefits, where',
35109:'appropriate determined pursuant to paragraphs c2 and c3 of this clause shall be paid to all workers performing work in',
35110:'the classification under this contract from the firstday on which work is performed in the classification. d whenever the minimum',
35111:'wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not',
35112:'expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall',
35113:'pay another bona fide fringe benefit or an hourly cash equivalent thereof. e if the contractor does not make payments',
35114:'to a trustee or other third person, the contractor may consider as part of the wages of any laborer or',
35115:'mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits undera planor program; provided,that the secretaryof',
35116:'labor has found, upon the written request of the contractor, that the applicable standards of the construction wage rate requirementsstatutehavebeenmet.',
35117:'the secretary oflabor may require the contractor to set aside in a separate account assets for the meeting of obligations',
35118:'under the plan or program. end of clause 52.2208 subpart 52.2 text of provisions and clauses 52.2228 52.2227withholding of funds.',
35119:'as prescribed in 22.407a, insert the following clause: withholding of funds may 2014 the contracting officer shall, upon his or',
35120:'herown action or upon written request of an authorizedrepresentative of the department of labor, withhold or cause to be withheld',
35121:'from thecontractor under this contract or any other federal contract with the same prime contractor, oranyotherfederally assisted contract subject to',
35122:'prevailing wage requirements, which is heldby the same prime contractor, so much of theaccrued payments or advances as maybe considerednecessary',
35123:'to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount',
35124:'of wages required by the contract. in the event of failure to pay any laborer or mechanic, including any apprentice,',
35125:'trainee, orhelper, employed or working on thesite of thework,all or part of the wagesrequired by thecontract, thecontracting officer may, after',
35126:'writtennotice to the contractor, takesuch action as maybe necessary to cause the suspension of any further payment, advance, or guarantee',
35127:'of funds until such violations have ceased. end of clause 52.2228payrolls and basic records. as prescribed in 22.407a, insert the',
35128:'following clause: payrolls and basic records jul 2021 a payrolls and basic records relating thereto shall be maintained by the',
35129:'contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and',
35130:'mechanics working at the site of the work. such records shall contain the name, address, and social security number ofeach',
35131:'such worker,hisor her correct classification,hourly rates of wages paid including rates of contributions or costs anticipated for bona fide fringe',
35132:'benefits or cash equivalents thereof of the types described in 40 u.s.c. 31412b constructionwage rate requirement statute, daily and weekly',
35133:'number of hours worked, deductions made, and actual wages paid. whenever the secretary of labor has found, under paragraph d',
35134:'of the clauseentitled construction wage rate requirements, that thewages of any laborer ormechanic include theamount of any costs reasonably anticipated',
35135:'in providing benefits under a plan or program described in 40 u.s.c. 31412b, the contractor shall maintain records which show',
35136:'that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the',
35137:'plan or program has been communicated in writing to the laborers or mechanics affected, and records whichshow the costs anticipated',
35138:'or the actual cost incurred in providing such benefits. contractors employing apprentices or trainees under approved programs shall maintain written',
35139:'evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and',
35140:'the ratios and wage rates prescribed in the applicable programs. b 1 the contractor shall submit weekly for each week',
35141:'in which any contract work is performed a copy of all payrolls to the contracting officer. the payrolls submitted shall',
35142:'set out accuratelyand completely all of the information required to be maintained under paragraph a of this clause, except that',
35143:'full social security numbers and home addresses shall not be included on weekly transmittals. instead the payrolls shall only need',
35144:'to include an individually identifying number for each employee e.g., the last four digits of theemployee’ssocial security number. the required',
35145:'weekly payroll information may be submitted in any form desired. optional form wh347 is available for this purpose and may',
35146:'be obtained from theu.s. department oflabor wageandhour division website at https://www.dol.gov/agencies/whd/forms. the prime contractor is responsible for the submission of',
35147:'copies of payrolls by all subcontractors. contractors and subcontractors shall maintain thefull social security numberandcurrent address of each coveredworker, and',
35148:'shall provide them upon request to the contracting officer, the contractor, orthe wage and hour division of the departmentof laborforpurposes',
35149:'of an investigation or audit of compliance with prevailing wage requirements. it is not a violation of this section for',
35150:'a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its',
35151:'own records, without weekly submission tothe contracting officer. 2 each payroll submitted shall be accompanied by a statement of compliance,',
35152:'signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons',
35153:'employed under the contract and shall certify52.2 209 52.2229 federal acquisition regulation i that the payroll for the payroll period',
35154:'contains the information required to be maintained under paragraph a of this clause and that such information is correct and',
35155:'complete; iithat each laborer or mechanic including each helper, apprentice,and traineeemployed on the contract during thepayroll period has been paid',
35156:'the full weekly wages earned, without rebate,either directly or indirectly, and that no deductions have been made either directly or',
35157:'indirectly from the full wages earned, other than permissible deductions as set forth in the regulations, 29 cfr part 3;',
35158:'and iii that each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits',
35159:'or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.',
35160:'3 the weekly submission of a properly executed certification set forth on the reverse side of optional form wh347 shall',
35161:'satisfy the requirement for submission of the statement of compliance required by paragraph b2 of this clause. 4 the falsification',
35162:'of any of the certifications in this clause may subject the contractor or subcontractor to civil or criminal prosecutionunder section1001',
35163:'of title 18 and section 3729 of title31 of theunited statescode. c the contractor or subcontractor shall make the records',
35164:'required under paragraph a of this clause available for inspection, copying, or transcription by the contracting officer or authorized representatives',
35165:'ofthe contracting officer or the departmentof labor. the contractor or subcontractor shall permit the contractingofficer or representatives of the contracting',
35166:'officeror the department of labor tointerview employeesduring working hours onthe job. ifthe contractor or subcontractor fails to submit requiredrecords or',
35167:'to make themavailable,the contracting officermay, after written notice to thecontractor, take such action as may be necessary to cause the',
35168:'suspension ofany further payment. furthermore, failure to submit the required records upon request or to make such records available may',
35169:'be grounds for debarment action pursuant to 29 cfr 5.12. end of clause 52.2229apprentices and trainees. as prescribed in 22.407a,',
35170:'insert the following clause: apprentices and trainees july 2005 a apprentices. 1 an apprentice will be permitted to work at',
35171:'less than the predetermined rate for the work performed when employed i pursuant to and individually registered in a bona',
35172:'fide apprenticeship program registered with the u.s. department of labor,employment andtraining administration, office of apprenticeshiptraining, employer,and labor services oatels or',
35173:'witha state apprenticeship agency recognized by the oatels; or ii in the first 90 days of probationary employment as an',
35174:'apprentice in such an apprenticeship program, even though not individuallyregisteredin theprogram, if certified by the oatelsor astate apprenticeship agency where',
35175:'appropriate to be eligible for probationary employment as an apprentice. 2 the allowable ratio of apprentices to journeymen on the',
35176:'job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the',
35177:'entire work force under the registered program. 3 any worker listed on a payroll at an apprentice wage rate, who',
35178:'is not registered or otherwise employed as stated in paragraph a1 of this clause, shall be paid not less than',
35179:'the applicable wage determination for the classification of work actually performed. in addition, any apprentice performing work on the job',
35180:'site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage',
35181:'rate on the wage determination for the work actually performed. 4 where a contractor is performing construction on a project',
35182:'in a locality other than that in which its program is registered, the ratios and wage rates expressedin percentages of',
35183:'thejourneyman’s hourly rate specifiedin the contractor’s or subcontractor’s registered program shall be observed. every apprentice mustbe paid at not less',
35184:'than therate specified in the registered program for the apprentice’s level of progress, expressedas a percentage of the journeyman hourly',
35185:'rate specified in the applicable wage determination. 5 apprentices shall be paid fringe benefits in accordance with the provisions of',
35186:'the apprenticeship program. if the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of',
35187:'fringe benefits listed on thewage determination for the applicable classification. if the administrator determines that a different practice prevailsfor the',
35188:'applicable apprentice classification, fringes shall be paid in accordance with that determination. 52.2210 subpart 52.2 text of provisions and clauses',
35189:'52.22211 6 in the event oatels,or astate apprenticeship agency recognized by oatels, withdraws approval of an apprenticeship program, the contractor',
35190:'will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until',
35191:'an acceptable program is approved. btrainees. 1 except as provided in 29 cfr 5.16, trainees will not be permitted to',
35192:'work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered',
35193:'in a program which has received priorapproval,evidenced by formal certification bythe u.s. department of labor, employment and training administration, office',
35194:'of apprenticeshiptraining, employer,and labor services oatels. theratio of trainees to journeymen on the jobsite shall not begreater thanpermitted under the',
35195:'planapproved by oatels. 2 every trainee must be paid at not less than the rate specified in theapproved program for',
35196:'the trainee’slevel of progress, expressed as a percentage ofthe journeyman hourly ratespecified in the applicablewage determination. trainees shall be paid',
35197:'fringe benefits in accordance with the provisions of the trainee program. if the trainee program does not mention fringe benefits,',
35198:'trainees shall be paid the full amount of fringe benefits listed in the wage determination unless theadministratorof the wageandhour division',
35199:'determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides',
35200:'for less than full fringe benefits for apprentices. any employee listed on the payroll at a trainee rate who is',
35201:'not registered and participating in a training plan approved by theoatels shall be paid not less than theapplicable wage rate',
35202:'in the wage determination for the classification of work actually performed. in addition, any trainee performing work on the job',
35203:'site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage',
35204:'rate in the wage determination for the work actually performed. 3 in the event oatels withdrawsapproval of a training program,',
35205:'the contractorwill no longerbe permitted to utilize trainees at less than the applicable predetermined rate for the work performed until',
35206:'an acceptable program is approved. c equal employment opportunity. the utilization of apprentices, trainees, and journeymen under this clause shall',
35207:'be in conformity with the equal employment opportunity requirements ofexecutive order11246, as amended,and 29 cfr part 30. end of clause',
35208:'52.22210 compliancewith copeland act requirements. as prescribed in 22.407a, insert the following clause: compliance with copeland act requirementsfeb 1988 the',
35209:'contractor shall comply with the requirements of 29 cfr part 3, which are hereby incorporated by reference in this contract.',
35210:'end of clause 52.22211 subcontracts labor standards. as prescribed in 22.407a, insert the following clause: subcontracts labor standards may 2014',
35211:'a definition. construction, alteration orrepair, as used in this clause, means all types of work done by laborers and mechanics',
35212:'employed by the construction contractor or construction subcontractor on a particular building or work at the site thereof, including without',
35213:'limitation 1 altering, remodeling, installationif appropriate on the site of the workof items fabricated offsite; 2 painting and decorating; 3',
35214:'manufacturing or furnishing of materials, articles, supplies, or equipment on the site of the building or work; 4 transportation of',
35215:'materials and supplies between the site of the work within the meaning of paragraphs a1i and iiof the site of',
35216:'the work as defined in the far clause at 52.2226, construction wage rate requirements of this contract, and a facility',
35217:'which is dedicated to the construction of the building or work and is deemed part of the site of the',
35218:'work within the meaning of paragraph 2 of the site of the work definition; and 5 transportation of portions ofthe',
35219:'building or work between a secondary site where a significantportion of the buildingor work is constructed,which is partof the siteof',
35220:'the work definition inparagraph a1ii ofthe far clauseat 52.2211 52.22212 federal acquisition regulation 52.2226, construction wagerate requirements, and the physical',
35221:'place or places where the building or workwill remain paragrapha1iof the far clause at 52.2226, in the site of the',
35222:'work definition. b the contractor shall insert in any subcontracts for construction, alterations and repairs within the united states the',
35223:'clauses entitled 1 construction wage raterequirements; 2 contractwork hours and safety standardsovertime compensationif theclause isincluded in this contract; 3 apprentices',
35224:'and trainees; 4 payrolls and basic records; 5 compliance with copeland act requirements; 6 withholdingof funds; 7 subcontracts labor standards;',
35225:'8 contractterminationdebarment; 9 disputes concerning labor standards; 10 compliance withconstructionwage rate requirements and related regulations; and 11 certification of eligibility.',
35226:'c the prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor performing construction within the',
35227:'united states with all the contract clauses cited in paragraph b. d 1within14daysafterawardofthecontract,thecontractorshalldelivertothecontractingofficeracompleted standard form sf 1413, statement and acknowledgment,',
35228:'for each subcontract for construction within the united states, including the subcontractor’ssigned and dated acknowledgmentthat the clauses set forth in',
35229:'paragraph b of thisclause have been included in the subcontract. 2 within 14 days after the award of any subsequently',
35230:'awarded subcontract the contractor shall deliver to the contracting officeran updated completed sf 1413 for such additional subcontract. e the',
35231:'contractor shall insert the substance of this clause, including this paragraph e in all subcontracts for construction within the united',
35232:'states. end of clause 52.22212 contract terminationdebarment. as prescribed in 22.407a, insert the following clause: contract terminationdebarment may 2014 a',
35233:'breach of thecontract clausesentitled construction wage rate requirements, contract workhours and safety standardsovertime compensation, apprentices and trainees,payrolls and basic records,compliancewith',
35234:'copeland act requirements, subcontracts labor standards, compliance with construction wage raterequirements and related regulations, or certification of eligibility may be',
35235:'grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 cfr 5.12.',
35236:'end of clause 52.22213 compliancewith construction wage rate requirements and related regulations. as prescribed in 22.407a, insert the following clause:',
35237:'compliance with construction wage rate requirements and related regulations may 2014 all rulings andinterpretations of the construction wage rate requirementsandrelated',
35238:'statutes containedin 29 cfrparts 1, 3, and 5 are hereby incorporated by reference in this contract. end of clause 52.22214',
35239:'disputes concerning labor standards. as prescribed in 22.407a, insert the following clause: 52.2212 subpart 52.2 text of provisions and clauses',
35240:'52.22218 disputes concerning labor standards feb 1988 the united states department of labor has set forth in 29 cfr parts',
35241:'5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. such disputes shall be resolved in accordance with',
35242:'those procedures and not the disputes clause of this contract. disputes within the meaning of this clause include disputes between',
35243:'the contractor or any of its subcontractors and thecontracting agency, the u.s. department of labor,or the employees or their representatives.',
35244:'end of clause 52.22215 certification of eligibility. as prescribed in 22.407a, insert the following clause: certification of eligibility may 2014',
35245:'a by entering into this contract, the contractor certifies that neither it nor any person or firm who has an',
35246:'interest in the contractors firm is a person or firm ineligible to be awarded government contracts by virtue of 40',
35247:'u.s.c. 3144b2 or 29 cfr 5.12a1. b no part of this contract shall be subcontracted to any person or firm',
35248:'ineligible for award of a government contract by virtue of 40 u.s.c. 3144b2 or 29 cfr 5.12a1. c the penalty',
35249:'for making false statements is prescribed in the u.s. criminal code, 18 u.s.c. 1001. end of clause 52.22216 approval ofwage',
35250:'rates. as prescribed in 22.407b, insert the following clause: approval of wage rates may 2014 all straight time wage rates,',
35251:'and overtime rates based thereon, for laborers and mechanics engaged in work under this contract must be submitted for approval',
35252:'in writing by the head of the contracting activity or a representative expressly designated for this purpose, if the straight',
35253:'time wages exceed the rates for corresponding classifications contained in the applicable construction wage rate requirementsminimum wagedetermination included in the',
35254:'contract. any amount paid by the contractor to any laborer or mechanic in excess of the agency approved wage rate',
35255:'shall be at the expense of the contractor and shall not be reimbursed by the government. if the government refuses',
35256:'to authorize the use of the overtime, the contractor is not released from the obligation to pay employees at the',
35257:'required overtime rates for any overtime actually worked. end of clause 52.22217 [reserved] 52.22218 certification regarding knowledge ofchild labor forlisted',
35258:'end products. as prescribed in 22.1505a, insert the following provision: certification regarding knowledge of child labor for listed end products',
35259:'feb 2021 a definition. forced or indentured child labor means all work or service 1 exacted from any person under',
35260:'the age of 18 under the menace of any penalty for its nonperformance and for which theworker does not offer',
35261:'himself voluntarily; or 2 performed by any person under the age of 18 pursuant to a contract the enforcement of',
35262:'which can be accomplished by process or penalties. 52.2213 52.22219 federal acquisition regulation b listed end products. the following end',
35263:'products being acquired under this solicitation is are included in the list of products requiringcontractor certification as to forcedor indentured',
35264:'child labor, identified by theircountry of origin. there is a reasonable basis to believe that listed end products from the',
35265:'listed countries of origin may have been mined, produced, or manufactured by forced or indentured child labor. listed end product',
35266:'listed countries of origin c certification. thegovernmentwill not make award to an offeror unless theofferor,by checking theappropriateblock, certifies to either',
35267:'paragraph c1 or paragraph c2 of this provision. 1 □ theofferor will notsupplyany end product listed in paragraph b of',
35268:'this provision that was mined, produced,or manufactured in a corresponding country as listed for that end product. 2 □ theofferor',
35269:'may supply an end product listed in paragraph b of this provision that was mined, produced,or manufacturedin the corresponding country',
35270:'as listedforthat product. the offeror certifies that it has made a goodfaith effort to determine whether forced or indentured child',
35271:'labor was used to mine, produce, or manufacture such end product. on the basis of those efforts, the offeror certifiesthat',
35272:'it isnot aware ofanysuch use of child labor. end of provision 52.22219 child laborcooperation with authorities and remedies. as prescribed',
35273:'in 22.1505b, insert the following clause: child laborcooperation with authorities and remedies feb 2024 a applicability. this clause does not',
35274:'apply to the extent that the contractor is supplying end products mined, produced, or manufactured in 1 israel, and the',
35275:'anticipated value of the acquisition is $50,000 or more; 2 mexico, and the anticipated value of the acquisition is $102,280',
35276:'or more; or 3 armenia, aruba, australia, austria, belgium, bulgaria, canada, croatia, cyprus, czech republic, denmark, estonia, finland,france, germany, greece,',
35277:'hong kong, hungary, iceland, ireland, italy,japan, korea, latvia, liechtenstein, lithuania, luxembourg, malta, moldova, montenegro, netherlands, new zealand, north macedonia, norway,',
35278:'poland, portugal, romania, singapore, slovakrepublic, slovenia, spain, sweden, switzerland, taiwan, ukraine, or the united kingdom and the anticipated value of',
35279:'the acquisition is $174,000 or more. b cooperation with authorities. to enforce the lawsprohibitingthe manufacture or importation ofproducts mined, produced,',
35280:'or manufactured byforced or indentured childlabor, authorized officials may need to conduct investigationsto determine whether forced or indentured child labor',
35281:'was used to mine, produce, or manufacture any product furnished under this contract. if the solicitation includes the provision 52.22218,',
35282:'certification regarding knowledge of child labor for listed end products, or the equivalent at 52.2123i, thecontractor agrees to cooperate fully',
35283:'withauthorized officials of the contracting agency, the department of the treasury, or thedepartment ofjustice by providing reasonableaccess to records, documents,persons,',
35284:'or premises upon reasonable request by the authorized officials. c violations. the government may impose remedies set forth in paragraph',
35285:'d for the following violations: 1 the contractor has submitted a false certification regarding knowledge of the use of forced',
35286:'or indentured child labor for listed end products. 2 the contractor has failed to cooperate, if required, in accordance with',
35287:'paragraph b of this clause, with an investigation of the use of forced or indentured child labor by an inspector',
35288:'general, attorney general, or the secretary of the treasury. 3 the contractor uses forced or indentured child labor in its',
35289:'mining, production, or manufacturing processes. 4 the contractor has furnished under the contract end products or components that have been',
35290:'mined, produced, or manufacturedwholly or inpart by forcedor indentured child labor. the government will not pursueremedies at paragraph d2 orparagraph',
35291:'d3 of this clauseunlesssufficient evidence indicates that the contractor knewof the violation. d remedies. 1 the contracting officer may terminate',
35292:'the contract. 52.2214 subpart 52.2 text of provisions and clauses 52.22222 2thesuspendingofficialmaysuspendthecontractorinaccordancewithproceduresinfar subpart 9.4. 3 the debarring official may debar',
35293:'the contractor for a period not to exceed 3years in accordance withthe proceduresinfar subpart 9.4. end of clause 52.22220 contracts',
35294:'for materials, supplies, articles, and equipment. as prescribed in 22.610, insert the following clause in solicitations and contracts: contracts for',
35295:'materials, supplies, articles, and equipment jun 2020 if this contract is for the manufacture or furnishing of materials, supplies, articles',
35296:'or equipment in an amount that exceeds or may exceed the threshold specified in federal acquisition regulation 22.602 on the',
35297:'date of award of this contract, and is subject to 41 u.s.c. chapter 65, the following terms and conditions apply:',
35298:'a all stipulations required by 41 u.s.c. chapter 65 and regulations issued by the secretary of labor 41 cfr chapter',
35299:'50 are incorporated by reference. these stipulations are subject to all applicable rulings and interpretations of the secretary of labor',
35300:'thatare now, or may hereafter, be in effect. b all employees whose work relates to this contract shall be paid',
35301:'not less than the minimum wage prescribed by regulations issued by the secretary of labor 41 cfr 50202.2. learners, student',
35302:'learners, apprentices, and workers with disabilities may be employed at less than the prescribed minimum wage see 41 cfr 50202.3',
35303:'to the same extent that such employment is permitted under section 14 of the fair labor standards act 41 u.s.c.',
35304:'6508. end of clause 52.22221 prohibitionof segregated facilities. as prescribed in 22.810a1, insert the following clause: prohibition of segregated facilities',
35305:'apr 2015 a definitions. as used in this clause gender identity has the meaning given by the department of labor’s',
35306:'officeof federal contract compliance programs, and is found at http://www.dol.gov/ofccp/lgbt/lgbtfaqs.html. segregated facilities, means any waiting rooms, work areas, rest rooms',
35307:'and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots,',
35308:'drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or',
35309:'arein factsegregated onthe basis ofrace, color, religion, sex, sexual orientation, genderidentity, or national origin because of written or oral policies',
35310:'or employee custom. the term does not include separate or singleuser rest rooms or necessary dressing or sleeping areas provided',
35311:'to assure privacy between the sexes. sexual orientation hasthe meaninggiven bythe department of labor’s office offederal contract compliance programs, and',
35312:'is found at http://www.dol.gov/ofccp/lgbt/lgbtfaqs.html. b the contractor agrees that it does not and will not maintain or provide for its',
35313:'employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees',
35314:'to perform their services at any location under its control where segregated facilities are maintained. the contractor agrees that a',
35315:'breach of this clause is a violation of the equal opportunity clause in this contract. c the contractor shall include',
35316:'this clause in every subcontract and purchase order that is subject to the equal opportunity clause of this contract. end',
35317:'of clause 52.22222 previous contracts and compliance reports. as prescribed in 22.810a2, insert the following provision: previous contracts and compliance',
35318:'reports feb 1999 52.2215 52.22223 federal acquisition regulation the offeror represents that it □ has, □ has not participated in',
35319:'a previous contract or subcontract subject to the equal opportunity clause of this solicitation; it □ has, □ has not',
35320:'filed all required compliance reports; and representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained',
35321:'before subcontract awards. end of provision 52.22223 noticeof requirement for affirmative action to ensure equal employment opportunityfor construction. as prescribed',
35322:'in 22.810b, insert the following provision: notice of requirement for affirmative action to ensure equal employment opportunity for construction feb',
35323:'1999 a theofferor’s attention is calledto the equal opportunity clause andthe affirmative action compliance requirements for construction clause of this',
35324:'solicitation. b the goals for minorityandfemale participation, expressed in percentage terms for the contractor’s aggregate workforce in each trade on',
35325:'all construction work in the covered area, are as follows: goals for minority participation for eachtrade goals for female participation',
35326:'for eachtrade [ contracting officer shall insert goals][ contracting officer shall insert goals] these goals are applicable to all the',
35327:'contractor’s construction work performed in the coveredarea. if thecontractor performs construction work in a geographical area located outside of the',
35328:'covered area, the contractor shall apply the goals established for the geographical area where the work is actually performed. goals',
35329:'are published periodically in the federal register in notice form,and thesenotices may be obtained from any office of federalcontract compliance',
35330:'programs office. c thecontractor’s compliancewith executive order11246, as amended, andthe regulations in 41 cfr 604 shall be basedon 1 its',
35331:'implementation ofthe equal opportunity clause,2specific affirmative action obligations required bythe clause entitled affirmative action compliance requirements for construction, and 3',
35332:'its efforts tomeet thegoals. the hours of minority and female employment and training must be substantially uniform throughout the length',
35333:'of the contract, and in each trade. the contractor shall make a good faith effort toemploy minoritiesandwomenevenly oneach of its',
35334:'projects. thetransferof minority or female employees or traineesfrom contractor to contractor, or from project toproject, for thesolepurpose of meeting the',
35335:'contractor’s goals shall be a violation of thecontract, executive order11246, as amended, and the regulations in 41 cfr 604. compliance',
35336:'with the goals will be measured against the total work hours performed. d the contractor shall provide written notification to',
35337:'the deputy assistant secretary for federal contract compliance, u.s. department of labor, within 10 workingdays following award of any construction',
35338:'subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. the notification',
35339:'shall list the 1 name, address, and telephone number of the subcontractor; 2 employer’s identification number of the subcontractor; 3',
35340:'estimated dollar amount of the subcontract; 4 estimated starting and completion dates of the subcontract; and 5 geographical area in',
35341:'which the subcontract is to be performed. e as used in this notice, and in any contract resulting from this',
35342:'solicitation, the covered area is [contracting officer shall insert description of the geographical areas where the contract is to be',
35343:'performed, giving the state, county, and city]. end of provision 52.22224 preaward onsite equal opportunity complianceevaluation. as prescribed in 22.810c,',
35344:'insert the following provision: 52.2216 subpart 52.2 text of provisions and clauses 52.22226 preaward onsite equal opportunity compliance evaluation feb',
35345:'1999 if a contract in the amount of $10 million or more will result from this solicitation, the prospective contractor',
35346:'and its known firsttier subcontractors with anticipated subcontracts of $10 million or more shall be subject to a preaward complianceevaluation',
35347:'by the officeof federal contract compliance programs ofccp, unless,within the preceding 24 months, ofccp has conducted an evaluation and found',
35348:'the prospective contractor and subcontractors to be in compliance with executiveorder11246. end of provision 52.22225 affirmative action compliance. as prescribed',
35349:'in 22.810d, insert the following provision: affirmative action compliance apr 1984 the offeror represents that a it □ has developed',
35350:'and has on file, □ hasnot developed and does not have on file, at each establishment, affirmative action programs required',
35351:'by the rules and regulations of the secretary of labor 41 cfr 601 and 602; or b it □ has',
35352:'not previously hadcontracts subject to the written affirmative action programsrequirementof the rules and regulations of thesecretary of labor. end of',
35353:'provision 52.22226 equal opportunity. as prescribed in 22.810e, insert the following clause: equal opportunity sept 2016 a definition. as used',
35354:'in this clause. compensation meansany paymentsmade to, or onbehalf of, an employee oroffered to an applicant as remuneration for employment,',
35355:'including butnot limited to salary, wages, overtime pay, shift differentials, bonuses, commissions,vacation and holiday pay, allowances, insuranceandotherbenefits, stock options and',
35356:'awards, profit sharing,and retirement. compensation information means the amount and type of compensationprovided to employees or offered to applicants, including,',
35357:'but not limited to, the desire of the contractor to attract and retain a particular employee for the value the',
35358:'employee is perceived to add to the contractors profit or productivity; the availability of employees with like skills in the',
35359:'marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and',
35360:'pay structures; salary surveys; labor union agreements; and contractor decisions, statements and policies related to setting or altering employee compensation.',
35361:'essential job functions means the fundamental job duties of the employment position an individual holds. a job function may be',
35362:'considered essential if 1 the access to compensation information is necessary in order to perform that function or another routinely',
35363:'assigned business task; or 2 the function or duties of the position include protecting and maintaining the privacy of employee',
35364:'personnel records, including compensation information. gender identity has the meaning given by the department of labor’s officeof federal contract compliance',
35365:'programs, and is found at http://www.dol.gov/ofccp/lgbt/lgbtfaqs.html. sexual orientation hasthe meaninggiven bythe department of labor’s office offederal contract compliance programs, and',
35366:'is found at http://www.dol.gov/ofccp/lgbt/lgbtfaqs.html. united states, means the 50 states, the district of columbia, puerto rico, the northern mariana islands,',
35367:'american samoa, guam, the u.s. virginislands, and wake island. b 1 if, during any 12month period including the 12 months',
35368:'preceding the award of this contract, the contractor has been or is awarded nonexempt federal contracts and/or subcontracts that have',
35369:'an aggregate value in excess of $10,000, the contractor shall comply with this clause, except for work performed outside the',
35370:'united states by employees who were 52.2217 52.22226 federal acquisition regulation not recruited within the united states. upon request, the',
35371:'contractor shall provide information necessary to determine the applicability of this clause. 2 if the contractor is a religious corporation,association,',
35372:'educational institution, or society, therequirements of this clause do not apply with respect to the employment of individuals of a',
35373:'particular religion to perform work connected with the carrying onof the contractor’s activities 41 cfr 601.5. c 1thecontractorshallnotdiscriminateagainstanyemployeeorapplicantforemploymentbecauseofrace,color, religion, sex,',
35374:'sexual orientation, genderidentity, or national origin. however, it shall not be a violationof this clause for the contractor to extend',
35375:'a publicly announced preference in employment to indians living on or near an indian reservation, in connection with employment opportunities',
35376:'on or near an indian reservation, as permitted by 41 cfr 601.5. 2 the contractor shall takeaffirmativeaction to ensurethat applicants',
35377:'are employed, and that employees are treated during employment, withoutregard totheir race, color,religion, sex, sexual orientation,gender identity,or national origin. this',
35378:'shall include, but not be limited to i employment; ii upgrading; iii demotion; iv transfer; v recruitment or recruitment advertising;',
35379:'vi layoff or termination; vii rates of pay or other forms of compensation; and viii selection for training, including apprenticeship.',
35380:'3 the contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided',
35381:'by the contractingofficer that explainthis clause. 4 the contractor shall, inallsolicitationsor advertisements for employees placed by or on behalf of',
35382:'the contractor, state that all qualifiedapplicants will receive consideration for employment withoutregard to race, color, religion, sex,sexual orientation, gender identity,',
35383:'ornationalorigin. 5 ithecontractorshallnotdischargeorinanyothermannerdiscriminateagainstanyemployeeorapplicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the',
35384:'employee or applicant or another employee or applicant. this prohibition against discrimination does not apply to instances in which an',
35385:'employee who has access to the compensation information of other employees or applicants as a part of such employees essential',
35386:'job functions discloses the compensation of such other employees or applicants to individuals who do nototherwise have access to such',
35387:'information, unless such disclosure is in response to aformal complaint or charge, in furtherance of aninvestigation, proceeding, hearing, or action,',
35388:'including an investigation conducted by the employer, or is consistent with the contractors legal duty to furnish information. ii the',
35389:'contractor shall disseminate the prohibition on discrimination in paragraph c5i of this clause, using language prescribed by the director of',
35390:'theofficeof federal contractcomplianceprograms ofccp, to employees and applicants by a incorporation into existing employee manuals or handbooks; and b electronic',
35391:'posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment. 6',
35392:'the contractor shall send,to each labor union or representative of workers with which it has a collective bargaining agreementor other',
35393:'contractor understanding, the notice tobe provided by thecontracting officer advising thelabor union or workers’ representative of thecontractor’s commitments underthisclause, and',
35394:'post copies of the notice in conspicuous places available to employees and applicants for employment. 7 the contractor shall comply',
35395:'withexecutive order11246, asamended, and the rules, regulations, and orders of the secretary of labor. 8 the contractor shall furnish tothe',
35396:'contracting agency all information required by executive order11246, as amended, and bythe rules,regulations, and orders of the secretary of labor.',
35397:'the contractor shall also file standard form100 eeo1, or any successor form, as prescribed in 41 cfr part 601. unless',
35398:'the contractor has filed within the 12 months preceding the date of contract award, the contractor shall, within 30 days',
35399:'after contract award, apply to either the regional office of federal contract compliance programs ofccp orthe localoffice of the equal',
35400:'employment opportunity commission for the necessary forms. 9 the contractor shall permit access to its premises, during normal business hours,',
35401:'by the contracting agency or the ofccp for the purpose of conducting onsite compliance evaluations and complaint investigations. the contractor',
35402:'52.2218 subpart 52.2 text of provisions and clauses 52.22227 shall permit the government to inspect and copy any books, accounts,',
35403:'records including computerized records, and other material that may berelevant to thematter under investigation and pertinent tocompliance with executive order11246,as',
35404:'amended, and rules and regulations that implement the executive order. 10 if the ofccp determines that the contractor is not',
35405:'in compliance with this clause or any rule, regulation, or order of the secretary of labor, this contract may be',
35406:'canceled,terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts, underthe',
35407:'procedures authorized in executiveorder11246, as amended. in addition, sanctions may be imposed and remedies invoked against the contractor as provided',
35408:'in executive order11246, as amended; in the rules, regulations, and orders of the secretary of labor; or as otherwise provided',
35409:'by law. 11 the contractor shall includethe terms and conditions of this clause in every subcontract or purchase order that',
35410:'is not exempted by the rules, regulations,or orders of thesecretaryof laborissuedunder executiveorder11246, as amended, so thatthese terms and conditions will',
35411:'be binding uponeach subcontractor or vendor. 12 the contractor shall take such action with respect to any subcontract or purchase',
35412:'order as the director of ofccp may direct as a means of enforcing these terms and conditions, including sanctions for',
35413:'noncompliance, provided, that if the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as',
35414:'a result of any direction, the contractor may request the united states to enter into the litigation to protect the',
35415:'interests of the united states. d notwithstanding any other clause in this contract, disputes relative to this clause will be',
35416:'governed by the procedures in 41 cfr 601. end of clause alternate i feb 1999. as prescribed in 22.810e, add',
35417:'the following as a preamble to the clause: notice: the following terms of this clause are waived for this contract:',
35418:'[contracting officer shall list terms]. 52.22227 affirmative action compliance requirements for construction. as prescribed in 22.810f, insert the following clause:',
35419:'affirmative action compliance requirements for construction apr 2015 a definitions. as used in this clause covered area means the geographical',
35420:'area described in the solicitation for this contract. deputy assistant secretary, means the deputy assistant secretaryforthe office of federalcontract compliance',
35421:'programs, u.s. department of labor, or a designee. employer identification number, means the federal socialsecurity number usedon the employer’s quarterlyfederal',
35422:'tax return,u.s. treasury department form941. gender identity has the meaning given by the department of labor’s officeof federal contract compliance',
35423:'programs, and is found at http://www.dol.gov/ofccp/lgbt/lgbtfaqs.html. minority, as used in this clause, means 1 american indian or alaskan native all',
35424:'persons having origins in any of the original peoples of north america and maintainingidentifiable tribal affiliationsthroughmembership and participation or community',
35425:'identification. 2 asian and pacific islander all persons having origins in any of the original peoples of the far east,',
35426:'southeast asia, the indian subcontinent, or the pacific islands; 3 black all persons having origins in any of the black',
35427:'african racial groups not of hispanic origin; and 4 hispanic all persons of mexican, puerto rican, cuban, central or south',
35428:'american, or other spanish culture or origin, regardless of race. sexual orientation hasthe meaninggiven bythe department of labor’s office offederal',
35429:'contract compliance programs, and is found at http://www.dol.gov/ofccp/lgbt/lgbtfaqs.html. b if the contractor, ora subcontractor at any tier, subcontracts a portionof',
35430:'the work involving anyconstruction trade, each such subcontract in excess of $10,000 shall include this clause and the notice containing',
35431:'the goals for minority and female participation stated in the solicitation for this contract. c if the contractor is participating',
35432:'in a hometown plan 41 cfr 604 approved by the u.s. department of labor in a covered area, eitherindividually or',
35433:'through an association, its affirmative actionobligations onall workin theplan area including goals shall comply with the plan for those trades',
35434:'that have unions participating in the plan. contractors must be able to demonstrate participation in, and compliance with, the provisions',
35435:'of the plan. each contractor or subcontractor 52.2219 52.22227 federal acquisition regulation participating in an approved plan is also required',
35436:'to comply with its obligations under the equal opportunity clause, and to make a good faith effort toachieveeach goal under',
35437:'the plan in each trade in which it has employees. the overall goodfaith performanceby other contractors or subcontractorstoward a goalin',
35438:'anapproved plandoes not excuseany contractor’s or subcontractor’s failure to make goodfaith efforts to achieve the plan’sgoals. d the contractor shall',
35439:'implement the affirmative actionprocedures in paragraphsg1 through 16 ofthis clause. the goals stated in the solicitation for this contract are',
35440:'expressed as percentages of the total hours of employment and training of minority and female utilization that the contractor should',
35441:'reasonably be able to achieve in each construction trade in which it has employees in the covered area. if the',
35442:'contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established',
35443:'for the geographical area where that work is actually performed. the contractor is expected to make substantially uniform progress toward',
35444:'its goals in each craft. e neither the terms and conditions of any collective bargaining agreement, nor the failure bya',
35445:'union with which the contractor has acollective bargaining agreement, to refer minorities or women shall excuse the contractor’s obligations underthis',
35446:'clause, executive order11246, as amended, orthe regulations thereunder. f in order for the nonworking training hours of apprentices and trainees',
35447:'to be counted in meeting the goals, apprentices and trainees must be employed by the contractor during the training period,',
35448:'and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training,',
35449:'subject to the availability of employment opportunities. traineesmust be trained pursuant to training programs approved by theu.s. department of labor.',
35450:'g the contractor shall takeaffirmativeaction to ensureequalemploymentopportunity. the evaluation ofthe contractor’scompliance with this clause shall be basedupon its effort to',
35451:'achieve maximumresults fromits actions. the contractor shall document these effortsfully and implementaffirmativeaction steps at least as extensive asthe following: 1',
35452:'ensure a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where thecontractor’s employees',
35453:'are assigned towork. the contractor, if possible, willassigntwo ormore women to each construction project. the contractor shall ensure that foremen,',
35454:'superintendents, and other onsite supervisory personnel areaware of and carry out the contractor’s obligation to maintain such a working environment,',
35455:'withspecific attention to minority or female individuals working at these sites or facilities. 2 establish and maintain a current list',
35456:'of sources for minority and female recruitment. provide written notification to minority and female recruitment sources and community organizations when',
35457:'the contractoror its unions have employment opportunities available, and maintain a recordof the organizations’ responses. 3 establish and maintain a',
35458:'current file of the names, addresses, and telephone numbers of each minority and female offthestreet applicant,referrals of minorities orfemales from',
35459:'unions, recruitment sources,or community organizations,and the action taken with respect to each individual. if an individual was sent to the',
35460:'union hiring hall for referral and not referred back to the contractor by the union or, if referred back, not',
35461:'employed by the contractor, this shall be documented in thefile, along with whatever additional actions the contractor may have taken.',
35462:'4 immediately notify the deputy assistant secretary when the union or unions with which the contractor has a collective bargaining',
35463:'agreement has not referred back to thecontractor a minority or woman sent by thecontractor, or when the contractor hasother information',
35464:'that the union referral process has impededthe contractor’sefforts to meet its obligations. 5 develop onthejob training opportunities and/or participate in',
35465:'training programs for the area that expressly include minorities andwomen, including upgrading programs and apprenticeship and trainee programs relevantto thecontractor’s',
35466:'employment needs, especially those programs funded or approved by the department of labor. the contractor shall provide notice of these',
35467:'programs to the sources compiled under paragraph g2 of this clause. 6 disseminate the contractor’s equal employment policy by i',
35468:'providing notice of the policy to unions and to training, recruitment, and outreach programs, and requesting their cooperation in assisting',
35469:'the contractor in meeting its contract obligations; iiincludingthe policy inany policymanual andin collective bargaining agreements; iii publicizing the policy in',
35470:'the company newspaper, annual report, etc. ; iv reviewing the policy with all management personnel and with all minority and',
35471:'female employees at least once a year; and v posting the policy on bulletin boards accessible to employees at each',
35472:'location where construction work is performed. 7 review, atleast annually, the contractor’s equal employment policy and affirmative action obligations with',
35473:'all employees having responsibilityforhiring, assignment, layoff, termination, or other employment decisions. conduct review 52.2220 subpart 52.2 text of provisions and',
35474:'clauses 52.22227 of this policy with all onsite supervisory personnel before initiating construction work at a job site. a written',
35475:'record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and',
35476:'disposition of the subject matter. 8 disseminate the contractor’s equal employment policy externally by including it in any advertising in',
35477:'the news media, specifically including minority and female news media. provide written notification to, and discuss this policy with, other',
35478:'contractors and subcontractors with which the contractor does or anticipates doing business. 9 direct recruitment efforts, both oral and written,',
35479:'to minority, female, and community organizations, toschools with minority and female students,andto minority and female recruitment andtraining organizations serving thecontractor’s',
35480:'recruitment area and employment needs. not later than 1 month before the date for acceptance of applications for apprenticeship ortraining',
35481:'byanyrecruitment source, sendwritten notificationto organizations suchas the above, describing the openings, screening procedures, and tests to be used in the',
35482:'selection process. 10 encourage present minority and female employees to recruit minority persons and women. where reasonable, provide afterschool,summer, and',
35483:'vacation employment tominority and female youth both on thesite and inotherareas of thecontractor’s workforce. 11 validate all tests and other',
35484:'selection requirements where required under 41 cfr 603. 12 conduct,at least annually, an inventory and evaluation atleast of all minorityandfemale',
35485:'personnel for promotional opportunities. encourage these employeesto seek or to prepare for,throughappropriatetraining, etc., opportunities for promotion. 13 ensure that seniority',
35486:'practices, job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel',
35487:'and employmentrelated activities toensure that the contractor’sobligations under this contract are being carried out. 14 ensure that all facilities and',
35488:'company activities are nonsegregated except that separate or singleuser rest rooms and necessary dressing or sleeping areas shall be provided',
35489:'to assure privacy between the sexes. 15 maintain a record of solicitations for subcontracts for minority and female construction contractors',
35490:'and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 16 conduct areview, at',
35491:'least annually, of allsupervisors’ adherence to and performance under the contractor’s equal employment policy and affirmative action obligations. h the',
35492:'contractor is encouraged to participate in voluntary associations that may assist in fulfilling one or more of theaffirmativeaction obligationscontained inparagraphs',
35493:'g1 through 16of this clause. the efforts of a contractor association,joint contractorunion,contractorcommunity, orsimilargroup of which the contractor is a member',
35494:'and participant may be asserted as fulfilling one or more of its obligations under paragraphs g1 through 16 of this',
35495:'clause, provided, the contractor 1 actively participates in the group; 2 makes every effort toensure that the group has apositive',
35496:'impact on the employment of minoritiesandwomenin the industry; 3 ensuresthat concrete benefits of the program are reflected in the contractor’s',
35497:'minority and femaleworkforce participation; 4 makes a goodfaith effort to meet its individualgoals and timetables; and 5 can provide accessto',
35498:'documentation that demonstrates the effectiveness of actionstakenon behalfof the contractor. the obligation to comply is the contractor’s, and failure ofsuch',
35499:'a group tofulfill an obligation shall not be a defense for the contractor’s noncompliance. i a single goal for minorities',
35500:'and a separate single goal for women shall be established. the contractor is required to provide equal employment opportunity and',
35501:'totake affirmative action for all minority groups, both maleand female, and all women, both minority and nonminority. consequently, the contractor',
35502:'may be in violation of executive order11246, as amended, if a particular groupis employed in a substantially disparate manner. jthe',
35503:'contractorshallnot use goals oraffirmativeaction standards todiscriminate against any person becauseof race, color,religion, sex, sexual orientation,gender identity,or national origin. k the',
35504:'contractor shall not enter into any subcontract with any person or firm debarred from government contracts under executive order11246, as',
35505:'amended. l the contractor shall carry out such sanctions and penalties for violation of this clause and of the equal',
35506:'opportunity clause, including suspension, termination, and cancellation of existing subcontracts, as may be imposed or ordered under executive order11246, as',
35507:'amended, and its implementing regulations, bythe ofccp. any failure to carry out these sanctions and penalties as ordered shall bea',
35508:'violation of this clause and executive order11246, as amended. 52.2221 52.22228 federal acquisition regulation m the contractor in fulfillingits obligations',
35509:'under this clause shall implement affirmative action procedures at least as extensive as those prescribedin paragraph g of this clause,',
35510:'so as toachieve maximum results from its efforts to ensureequal employment opportunity. if the contractor fails to comply with the',
35511:'requirements of executiveorder11246, as amended, the implementing regulations, or this clause, the deputy assistant secretary shall take action as prescribed',
35512:'in 41 cfr 604.8. n the contractor shall designate a responsible official to 1 monitor all employmentrelated activity to ensure',
35513:'thatthe contractor’sequal employment policyis being carried out; 2 submit reports as may be required by the government; and 3 keeprecordsthat',
35514:'shall at least include for each employee the name, address,telephone number, construction trade, union affiliation ifany, employeeidentification number, social security',
35515:'number, race, sex, status e.g., mechanic, apprentice, trainee, helper, or laborer, dates of changes in status, hours worked per week',
35516:'in the indicated trade, rate of pay, and locations at which the work was performed. records shall be maintained in',
35517:'an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, separate records are not',
35518:'required to be maintained. o nothing contained herein shall beconstrued as a limitation upon the application of other lawsthat establish',
35519:'different standards of compliance or upon the requirements for the hiring of local or other area residents e.g., those under',
35520:'the public works employment act of1977 and the community development blockgrant program. end of clause 52.22228 [reserved] 52.22229 notification of',
35521:'visa denial. as prescribed in 22.810g, insert the following clause: notification of visa denial apr 2015 a definitions. as used',
35522:'in this clause gender identity has the meaning given by the department of labor’s officeof federal contract compliance programs, and',
35523:'is found at http://www.dol.gov/ofccp/lgbt/lgbtfaqs.html. sexual orientation hasthe meaninggiven bythe department of labor’s office offederal contract compliance programs, and is found',
35524:'at http://www.dol.gov/ofccp/lgbt/lgbtfaqs.html. brequirementtonotify. 1itisaviolationofexecutiveorder11246foracontractortorefusetoemployany applicant or not to assign any person hired in the united states, puerto rico, the northern',
35525:'mariana islands, american samoa, guam, the u.s. virginislands, or wakeisland, on the basis that the individuals race, color, religion, sex,sexual',
35526:'orientation, genderidentity, or national origin is notcompatible with thepolicies of the country where or for whom the work willbe performed',
35527:'41 cfr 601.10. 2 the contractor shall notify the u.s. department of state, assistantsecretary, bureau ofpoliticalmilitary affairs pm, 2201 cstreet',
35528:'nw, room 6212, washington, dc 20520, and theu.s. department oflabor, deputy assistant secretary for federal contract compliance, when it has',
35529:'knowledge of any employee or potential employee being denied anentry visa to a country where this contract will be performed,',
35530:'and it believes the denialis attributableto the race, color, religion, sex, sexual orientation, genderidentity, or national origin of the employee',
35531:'or potential employee. end of clause 52.22230 construction wage raterequirementsprice adjustment none or separately specified method. as prescribed in 22.407e,',
35532:'insert the following clause: construction wage rate requirementsprice adjustment none or separately specified method aug 2018 a thewage determination issued',
35533:'under the construction wage rate requirements statute by theadministrator, wage and hour division, u.s. department of labor,that is effective for',
35534:'an option to extend the term of the contract, will applyto that option period. 52.2222 subpart 52.2 text of provisions',
35535:'and clauses 52.22232 b the contracting officer will make no adjustment in contract price, other than provided for elsewhere in',
35536:'this contract, to cover any increases or decreases in wages and benefits as a result of 1 incorporation of the',
35537:'department of labor’s wage determination applicableat the exercise ofthe option to extend the term of the contract; 2 incorporation of',
35538:'a wage determination otherwise applied to the contract by operation of law; or 3 an increase in wages and benefits',
35539:'resulting from any other requirement applicable to workers subject to the construction wage raterequirements statute. end of clause 52.22231 construction',
35540:'wage raterequirementsprice adjustment percentage method. as prescribed in 22.407f, insert the following clause: construction wage rate requirementsprice adjustment percentage method',
35541:'aug 2018 a thewage determination issued under the construction wage rate requirements statute by theadministrator, wage and hour division, u.s.',
35542:'department of labor,that is effective for an option to extend the term of the contract, will applyto that option period.',
35543:'b the contracting officer will adjust the portion of the contract price or contractunit prices containing the laborcosts subject to',
35544:'the construction wage rate requirements statute to provide for an increase in wagesand fringe benefits atthe exercise of each option',
35545:'to extend the term of the contract in accordance with the following procedures: 1 the contracting officer has determined thatthe',
35546:'portion of the contract price or contract unitprices containing labor costs subject tothe construction wage raterequirements statute is [contracting officer',
35547:'insert percentage rate] percent. 2 the contracting officer will increasethe portion of the contract price or contract unitprices containing the',
35548:'labor costs subject tothe construction wage raterequirements statute by the percentagerate published in [contracting officer insert publication]. c thecontracting officer',
35549:'will make the price adjustment at theexercise of each option to extend the term ofthe contract. thisadjustment is theonly adjustmentthat',
35550:'thecontracting officer will make to cover any increases in wages and benefits as a result of 1 incorporation of the',
35551:'department of labor’s wage determination applicableat the exercise ofthe option to extend the term of the contract; 2 incorporation of',
35552:'a wage determination otherwise applied to the contract by operation of law; or 3 an increase in wages and benefits',
35553:'resulting from any other requirement applicable to workers subject to the construction wage raterequirements statute. end of clause 52.22232 construction',
35554:'wage raterequirementsprice adjustment actual method. as prescribed in 22.407g, insert the following clause: construction wage rate requirementsprice adjustment actual method',
35555:'aug 2018 a thewage determination issued under the construction wage rate requirements statute by theadministrator, wage and hour division, u.s.',
35556:'department of labor,that is effective for an option to extend the term of the contract, will applyto that option period.',
35557:'b 1 the contractor states that if the prices in this contract contain an allowance for wage or benefit increases,',
35558:'such allowance will not be included in any request for contract price adjustment submitted under this clause. 2 the contractor',
35559:'shall provide with each request for contract price adjustment under this clause a statement that the prices in the contract',
35560:'do not include any allowance for any increased cost for which adjustment is being requested. c thecontracting officer will adjust',
35561:'thecontract priceor contractunit price labor rates toreflect the contractor’s actual increase or decrease in wages and fringe benefits to the',
35562:'extent that the increase is made to comply with, or the decrease is voluntarily made by the contractor as a',
35563:'result of— 52.2223 52.22232 federal acquisition regulation 1 incorporation of the department of labor’s construction wagerate requirements wage determinationapplicable at',
35564:'the exercise of an option to extend the term of the contract; or 2 incorporation of a construction wage rate',
35565:'requirements wage determination otherwise applied to the contract by operation oflaw. d any adjustment will be limited to increases or',
35566:'decreases in wages and fringe benefits as described in paragraph c of this clause, and the accompanying increases or decreases',
35567:'in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and',
35568:'administrative costs, overhead, or profit. e thecontractor shall notify the contractingofficer of anyincrease claimed underthis clause within 30 days after',
35569:'receivinga revisedwage determination unless this notification period is extended inwriting by thecontracting officer. the contractor shall notify the contracting officer',
35570:'promptly of any decrease under this clause, but nothing in this clause precludes the governmentfrom asserting a claim within the',
35571:'period permitted by law. the notice shall contain a statement of theamount claimed and anyrelevant supportingdata, including payroll records that',
35572:'the contractingofficer may reasonably require. uponagreement of the parties, the contractingofficer will modify the contract price orcontract unit price inwriting.',
35573:'the contractor shall continue performance pending agreement on or determination ofanysuch adjustment and its effective date. f contract price adjustment',
35574:'computations shall be computed as follows: 1 computation for contract unit price per single craft hour for schedule of indefinitequantity',
35575:'work. for each labor classification, the difference between theactual wageandbenefitrates combined paid and the wage and benefit rates combined required',
35576:'by the new wage determination shall be added tothe original contractunit price if the difference results in a combinedincrease. if',
35577:'the difference computedresults in a combined decrease, the contractunit price shall bedecreased by that amount if the contractor provides notification',
35578:'as provided in paragraph e of this clause. 2 computation for contract unit price containing multiple craft hours for schedule',
35579:'of indefinitequantity work. for each labor classification, the difference between the actual wage and benefit ratescombined paid andthe wageandbenefit rates',
35580:'combined required by the new wage determination shall be multiplied by the actual number of hours expended for each craft',
35581:'involved in accomplishing the unitpriced work item. the product of this computation will then be divided by the actual number',
35582:'of units ordered in the preceding contract period. the total of these computations for each craft will be added to',
35583:'the current contract unit price to obtain the new contract unit price. the extended amount for the line item will',
35584:'be obtainedby multiplying thenew unitprice by the estimated quantity. ifactual hours are notavailable from the preceding contract periodforcomputationof the adjustment',
35585:'for a specific contractunit of work, thecontractor, in agreement with the contracting officer, shall estimate thetotal hours per craft per',
35586:'contract unit of work. example: asphalt pavingcurrent price $3.38 per square yard dba craft new wd hourly rate paid diff.',
35587:'actual hrs actual units sq.yard increase/ sqyard equip. opr. $18.50 – $18.00 = $.50 x 600 hrs./ 3,000 sq. yrd.',
35588:'= $.10 truck driver $19.00 – $18.25 = $.75 x 525 hrs./ 3,000 sq. yrd. = $.13 laborer $11.50 –',
35589:'$11.25 = $.25 x 750 hrs./ 3,000 sq. yrd. = $.06 total increase per square yard = $.29 note: adjustment',
35590:'for labor rate increases or decreases may be accompanied by social security and unemployment taxes and workers’ compensation insurance. current',
35591:'unit price per square $3.38 yard add dba price adj. +.29 new unit price per square = $3.67 yard end',
35592:'of clause 52.2224 subpart 52.2 text of provisions and clauses 52.22233 52.22233 noticeof requirement for project labor agreement. as prescribed',
35593:'in 22.505a1, insert the following provision: notice of requirement for project labor agreement jan 2024 a definitions. as used in',
35594:'this provision, the following terms are defined in clause 52.22234, project labor agreement, of this solicitation “construction,” “labor organization,” “largescale',
35595:'construction project,” and “project laboragreement.” b offerorsshall— 1 negotiate or become a party toa project labor agreementwith oneor more labororganizations',
35596:'for the term ofthe resulting construction contract; and 2 require its subcontractors to become a party to the resulting project',
35597:'labor agreement. c the project labor agreement reached pursuant to this provision shall 1 bind the offeror andsubcontractors engaged in',
35598:'construction on the construction project to comply with the project labor agreement; 2 allow theofferor and all subcontractors to compete',
35599:'for contracts and subcontracts without regardto whether they areotherwise parties to collective bargaining agreements; 3 contain guarantees against strikes, lockouts,',
35600:'and similar job disruptions; 4 set forth effective, prompt, andmutually bindingprocedures for resolvinglabor disputes arisingduring the term of the project',
35601:'labor agreement; 5 provide other mechanisms for labormanagement cooperation on matters of mutual interest and concern, including productivity, quality of',
35602:'work,safety, and health; and 6 fully conform to all statutes, regulations, executive orders, and agency requirements. d any project labor',
35603:'agreement reached pursuant to this provision does not change the terms of the resulting contract or provide for any price',
35604:'adjustment by the government. e theofferor shall submit to the contracting officer acopy ofthe project labor agreement with itsoffer. end',
35605:'of provision alternate i jan 2024. as prescribed in 22.505a2, substitute the following paragraphs b and e for paragraphs b',
35606:'and e of the basic provision. b the apparent successful offeror shall— 1 negotiate or become a party toa project',
35607:'labor agreementwith oneor more labororganizations for the term ofthe resulting construction contract; and 2 require its subcontractors to become a',
35608:'party to the resulting project labor agreement. e theapparent successful offerorshallsubmit to the contracting officer a copy of the project',
35609:'labor agreement prior to contract award. alternate ii jan 2024. as prescribed in 22.505a3, substitute the following paragraph b in',
35610:'lieu of paragraphs b through e of the basic provision: b if awarded the contract, the offeror shall— 1 negotiate',
35611:'or become a party toa project labor agreementwith oneor more labororganizations for the term ofthe resulting construction contract; and 2',
35612:'require its subcontractors to become a party to the resulting project labor agreement. alternate iii jan 2024. as prescribed in',
35613:'22.505a4, substitute the following paragraph b in lieu of paragraphs b through e of the basic provision: b1 ifawarded the',
35614:'contract,the offeror may be required by the agency to negotiate or becomea party to aproject labor agreement with one ormorelabor',
35615:'organizations for the term of the order. the contracting officer will require that an executed copy of the project labor',
35616:'agreement be submitted to the agency— iwith the orderoffer; ii prior to award of the order; or iii after award',
35617:'of the order. 2 the offeror shall require its subcontractors to become a party to the resulting project labor agreement',
35618:'for the term of the order. 52.2225 52.22234 federal acquisition regulation 52.22234 project labor agreement. as prescribed in 22.505b1, insert',
35619:'the following clause: project labor agreement jan 2024 a definitions. as used in this clause construction means construction,reconstruction, rehabilitation, modernization,',
35620:'alteration, conversion, extension, repair, or improvement of buildings, structures, highways, or other real property. labor organization means a labor organization',
35621:'as defined in 29 u.s.c. 1525 of which building and construction employees are members. largescale construction project means a federal',
35622:'construction project within the united states for which the total estimated cost of the construction contracts to the federal government',
35623:'is $35 million or more. project labor agreement means aprehire collective bargaining agreement with one or more labor organizations that',
35624:'establishes the terms and conditions of employment for a specific construction project and is an agreement described in 29 u.s.c.',
35625:'158f. b the contractor shall maintain in a current status throughout the life of the contract the project labor agreement',
35626:'entered into prior to the award of the contract. c subcontracts. the contractor shall include the substance of this clause,',
35627:'including this paragraph c, in subcontracts with subcontractors engaged in construction on the construction project. end of clause alternate i',
35628:'jan 2024 . as prescribed in 22.505b2, substitute the following paragraphs b through f for paragraphs b and c of',
35629:'the basic clause: b the contractor shall— 1 negotiate or become a party toa project labor agreementwith oneor more labororganizations',
35630:'for the term ofthis construction contract; and 2 submitan executedcopy ofthe project labor agreement to the contracting officer as required',
35631:'in the solicitation. c the project labor agreement reached pursuant to this clause shall 1 bind the contractor and subcontractors',
35632:'engaged in construction on the construction project to comply with the project labor agreement; 2 allow the contractor and all',
35633:'subcontractors to compete for contracts and subcontracts without regard to whether they are otherwise parties to collectivebargaining agreements; 3 contain',
35634:'guarantees against strikes, lockouts, and similar job disruptions; 4 set forth effective, prompt, andmutually bindingprocedures for resolvinglabor disputes arisingduring the',
35635:'term of the project labor agreement; 5 provide other mechanisms for labormanagement cooperation on matters of mutual interest and concern,',
35636:'including productivity, quality of work,safety, and health; and 6 fully conform to all statutes, regulations, executive orders, and agency requirements.',
35637:'d any project labor agreement reached pursuant to this clause does not change the terms of this contract or provide',
35638:'for any price adjustment by the government. e the contractor shall maintain in a current status throughout the life of',
35639:'the contract the project labor agreement entered into pursuant to this clause. f subcontracts. the contractor shall require subcontractors engaged',
35640:'in construction on the construction project to agree to any project labor agreement negotiated by the prime contractor pursuant to',
35641:'this clause, and shall include the substance of paragraphs d through f of this clause in subcontracts with subcontractors engaged',
35642:'in construction on the construction project. alternate ii jan 2024. as prescribed in 22.505b3, substitute the following paragraphs b through',
35643:'f for paragraphs b through f of the basic clause: b when notified by the agency e.g., by the notice',
35644:'of intent to place an order under 16.505b1 that this order will use a project labor agreement, the contractor shall',
35645:'negotiate or become a party to a project labor agreement with one or more labor organizations for the term of',
35646:'the order. thecontracting officer shall requirethat anexecuted copy of the projectlabor agreement be submitted to the agency— 52.2226 subpart 52.2',
35647:'text of provisions and clauses 52.22236 1 with theorder offer; 2 prior to award of the order; or 3 afteraward',
35648:'of theorder. c the project labor agreement reached pursuant to this clause shall— 1 bind the contractor and subcontractors engaged',
35649:'in construction on the construction project to comply with the project labor agreement; 2 allow all contractors and subcontractors to',
35650:'compete for contracts and subcontracts without regard to whether they areotherwise parties to collective bargaining agreements; 3 contain guarantees against',
35651:'strikes, lockouts, and similar job disruptions; 4 set forth effective, prompt, andmutually bindingprocedures for resolvinglabor disputes arisingduring the term of',
35652:'the project labor agreement; 5 provide other mechanisms for labormanagement cooperation on matters of mutual interest and concern, including productivity,',
35653:'quality of work,safety, and health; and 6 fully conform to all statutes, regulations, executive orders, and agency requirements. d any',
35654:'project labor agreement reached pursuant to this clause does not change the terms of this contract or provide for any',
35655:'price adjustment by the government. e the contractor shall maintain in a current status throughout the life of the order',
35656:'any project labor agreement entered into pursuant to this clause. f subcontracts. for each order that uses a project labor',
35657:'agreement, the contractor shall— 1 require subcontractors engaged in construction on the construction project to agree to any project labor',
35658:'agreement negotiated by the prime contractor pursuant to this clause; and 2 include the substance of paragraphs d through f',
35659:'of this clause in subcontracts with subcontractors engaged in construction on the construction project. 52.22235 equal opportunity for veterans. as',
35660:'prescribed in 22.1310a1, insert the following clause: equal opportunity for veterans jun 2020 a definitions. as used in this clause',
35661:'active duty wartime or campaign badge veteran, armed forces service medal veteran, disabled veteran, protected veteran, qualified disabled veteran, and',
35662:'recently separated veteran have the meanings given at federal acquisition regulation far22.1301. b equal opportunity clause. the contractor shall abide',
35663:'by the requirements of the equal opportunity clause at 41 cfr 60300.5a, as of march 24, 2014. this clause prohibits',
35664:'discrimination against qualified protected veterans, and requires affirmative action by the contractor to employ and advancein employment qualified protected veterans.',
35665:'c subcontracts. the contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified',
35666:'in far 22.1303a on the date of subcontract award, unless exempted by rules, regulations, or orders of the secretary of',
35667:'labor. thecontractor shall act as specifiedby the director, office of federalcontract compliance programs, to enforce the terms, including action for',
35668:'noncompliance. such necessary changes in language may be made as shall be appropriate to identify properly the parties and their',
35669:'undertakings. end of clause alternate i jul 2014. as prescribed in 22.1310a2, add the following as a preamble to the',
35670:'clause: notice: the following terms of this clause are waived for this contract: [list terms]. 52.22236 equal opportunity for workerswith',
35671:'disabilities. as prescribed in 22.1408a, insert the following clause: equal opportunity for workers with disabilities jun 2020 52.2227 52.22237 federal',
35672:'acquisition regulation a equal opportunity clause. the contractor shall abide by the requirements of the equal opportunity clause at 41',
35673:'cfr 60741.5a, as of march 24, 2014. this clause prohibits discrimination against qualified individuals on the basis of disability, and',
35674:'requires affirmative action bythe contractor toemploy and advance in employment qualified individuals with disabilities. b subcontracts. the contractor shall include',
35675:'the terms of this clause in every subcontract or purchase order in excess of the thresholdspecified in federal acquisition regulation',
35676:'far 22.1408a on the date of subcontract award, unless exemptedby rules, regulations, or orders of the secretary, so that such',
35677:'provisions willbe binding upon each subcontractor or vendor. the contractorshallact asspecified by the director, office of federal contract compliance programs',
35678:'of the u.s. department of labor, to enforce the terms, including action for noncompliance. suchnecessary changes inlanguage may be made',
35679:'as shall be appropriate to identify properly the parties and their undertakings. end of clause alternate i jul 2014. as',
35680:'prescribed in 22.1408b, add the following as a preamble to the clause: notice: the following terms of this clause are',
35681:'waived for this contract: [list terms]. 52.22237 employment reports on veterans. as prescribed in 22.1310b, insert the following clause: employment',
35682:'reports on veterans jun 2020 a definitions. as used in this clause, active duty wartime or campaign badge veteran, armed',
35683:'forces service medal veteran, disabled veteran, protected veteran, and recently separated veteran, have the meanings given in federal acquisition regulationfar22.1301.',
35684:'b unlessthe contractor is a state or local governmentagency,the contractor shall reportat least annually, as required by thesecretary of labor,',
35685:'on 1 the total number ofemployees in the contractor’s workforce, by job category and hiring location, who are protected veterans',
35686:'i.e., active duty wartime or campaign badge veterans, armed forces service medal veterans, disabled veterans, and recently separated veterans; 2',
35687:'the total number of new employees hired during the period covered by the report, and of the total, the number',
35688:'of protected veterans i.e., active duty wartime or campaign badge veterans, armed forces service medal veterans, disabled veterans, and recently',
35689:'separated veterans; and 3 the maximum number and minimum number of employees of the contractor or subcontractor at each hiring',
35690:'location during the period covered by the report. c thecontractor shall report theabove items byfiling the vets4212 federal contractor veterans’',
35691:'employment report see vets4212 federal contractor reporting and filing your vets4212 report at http://www.dol.gov/vets/ vets4212.htm. d the contractor shall submit',
35692:'vets4212 reports no later than september 30 of each year. e the employment activity report required by paragraphs b2 and',
35693:'b3 of this clause shall reflect total new hires, and maximum and minimum number of employees, during the most recent',
35694:'12–month period preceding the ending date selected for the report. contractors may select an ending date 1 as of the',
35695:'end of any pay period between july 1 and august 31 of the year the report is due; or 2',
35696:'as of december 31, if the contractor has prior written approval from the equal employment opportunity commission to do so',
35697:'for purposes of submitting the employer information report eeo1 standard form 100. f the number of veterans reported must be',
35698:'based on data known to the contractor when completing the vets4212. the contractor’s knowledgeof veterans status maybe obtained in a',
35699:'variety of ways, including aninvitation to applicants to selfidentify in accordance with 41 cfr 60300.42, voluntary selfdisclosure by employees, or',
35700:'actual knowledge of veteran statusby the contractor. thisparagraph does not relieve anemployer of liability for discrimination under 38 u.s.c. 4212.',
35701:'g the contractor shall insert the terms of thisclause in subcontracts valuedat or above the thresholdspecified in far 22.1303a on',
35702:'the date ofsubcontract award, unless exemptedby rules, regulations, or orders of the secretary of labor. end of clause 52.2228 subpart',
35703:'52.2 text of provisions and clauses 52.22240 52.22238 compliancewith veterans’ employment reporting requirements. as prescribed in 22.1310c, insert the following',
35704:'provision: compliance with veterans’ employment reporting requirements feb 2016 by submission of its offer, theofferor representsthat, ifitis subjectto thereporting requirements',
35705:'of 38 u.s.c. 4212di.e., if it has any contract containing federal acquisition regulation clause 52.22237, employment reports on veterans, it',
35706:'has filed the mostrecent vets4212 reportrequired by thatclause. end of provision 52.22239 [reserved] 52.22240 notification of employee rights under the',
35707:'national labor relations act. as prescribed in 22.1605, insert the following clause: notification of employee rights under the national labor',
35708:'relations act dec 2010 a during the term of this contract, the contractor shall post an employee notice, of such',
35709:'size and in such form, and containing such content as prescribed bythe secretary of labor,in conspicuous placesin and about its',
35710:'plants and offices where employees covered by the national labor relations act engage in activities relating to the performance of',
35711:'the contract, including all places where noticesto employees are customarily postedboth physically andelectronically,in the languages employees speak, in accordance with',
35712:'29 cfr471.2 d and f. 1 physical posting of the employee notice shall be in conspicuous places in and about',
35713:'the contractor’s plants and offices so that the notice is prominentandreadilyseen by employees whoare covered bythe national labor relations act',
35714:'and engage in activities related to the performance of the contract. 2 if the contractor customarilyposts notices to employees electronically,',
35715:'then the contractor shall also post the required noticeelectronically by displaying prominently, onanywebsite that ismaintained by the contractor and is',
35716:'customarily used for notices toemployees about terms and conditions of employment, a link tothe department of labor’s website that contains',
35717:'thefull textof the poster. the link to thedepartment’s website, as referenced inb3 of this section, must read, important noticeabout employee',
35718:'rights toorganize and bargain collectively with their employers. b this required employeenotice,printed by the department of labor, may be 1',
35719:'obtained from the division of interpretationsandstandards, officeof labormanagement standards, u.s. department of labor, 200 constitutionavenue, nw., room n5609, washington, dc',
35720:'20210, 202 6930123, or from any field office of theofficeof labor–management standards or office of federal contract compliance programs; 2',
35721:'provided by the federal contracting agency if requested; 3 downloadedfrom the office of labor–management standards web site at http://www.dol.gov/olms/regs/ compliance/eo13496.htm;',
35722:'or 4 reproduced and used as exact duplicate copies of the department of labor’s official poster. c the required text',
35723:'of the employee notice referred to in this clause is located at appendix a, subpart a, 29 cfr part 471.',
35724:'d the contractor shall comply with all provisions of the employee notice and related rules, regulations, and orders of the',
35725:'secretary of labor. e in the event that the contractor does not comply with the requirements set forth in paragraphs',
35726:'a through d of this clause, this contract may be terminated or suspended in whole or in part, and the',
35727:'contractor may be suspended or debarred in accordance with 29 cfr 471.14 and subpart 9.4. such other sanctions or remedies',
35728:'may be imposed as are provided by 29 cfr part 471, whichimplements executive order 13496or as otherwise provided bylaw. f',
35729:'subcontracts. 1 the contractor shall include the substance of this clause, including this paragraph f, in every subcontract that exceeds',
35730:'$10,000 and will be performed wholly or partially in the united states, unless exempted by the rules, regulations, or orders',
35731:'of the secretary of labor issued pursuant to section 3 of executive order 13496 of january 30, 2009, so that',
35732:'such provisions willbe binding upon each subcontractor. 2 the contractor shall not procure supplies or services in a way designed',
35733:'to avoid the applicability of executive order 13496 or this clause. 52.2229 52.22241 federal acquisition regulation 3 the contractor shall',
35734:'take such action with respect to any such subcontract as may be directed by the secretary of labor as a',
35735:'means of enforcing such provisions, including the imposition of sanctions for noncompliance. 4 however, if the contractor becomes involved inlitigation',
35736:'with a subcontractor, or isthreatened with such involvement, as a resultof such direction, the contractor may requestthe unitedstates, through the',
35737:'secretaryof labor, to enter into such litigation to protect the interests of the united states. end of clause 52.22241 service',
35738:'contract labor standards. as prescribed in 22.1006a, insert the following clause: service contract labor standards aug 2018 a definitions. as',
35739:'used in this clause— contractor, when this clause is used in any subcontract, shall be deemed torefer to thesubcontractor, except',
35740:'inthe term government prime contractor. service employee means any person engaged in the performance of this contract other than any',
35741:'person employed in a bona fide executive, administrative,or professional capacity, as these terms are defined in part 541 of title',
35742:'29, code of federal regulations, as revised. it includes all such persons regardless of any contractual relationship that may be',
35743:'alleged to exist between a contractor or subcontractor and such persons. b applicability. this contract is subject to the following',
35744:'provisions and to all other applicable provisions of 41 u.s.c. chapter 67, service contract labor standards, and regulations of the',
35745:'secretary of labor 29 cfr part 4. this clause does not apply to contracts or subcontracts administratively exempted by the',
35746:'secretary of labor or exempted by 41 u.s.c. 6702, as interpreted in subpart c of 29 cfr part 4. c',
35747:'compensation. 1 each service employee employed in the performance of this contract by the contractor or any subcontractor shall be',
35748:'paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and',
35749:'fringe benefits determined by the secretary of labor, or authorized representative, as specified in any wage determination attached to this',
35750:'contract. 2 i if a wage determination is attached to this contract, the contractor shall classify any class of service',
35751:'employee which is not listed therein and which is to be employed under the contract i.e., the work to be',
35752:'performed is not performed by any classification listed in the wage determination so as to provide a reasonable relationship i.e.,',
35753:'appropriate level of skill comparison between such unlisted classifications and the classifications listed in the wage determination. such conformed class',
35754:'of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures',
35755:'in this paragraph c. ii this conforming procedure shall be initiated by the contractor prior to the performance of contract',
35756:'work by the unlisted class of employee. the contractor shall submit standard form sf 1444, request for authorization of additional',
35757:'classificationandrate, to the contractingofficer no later than 30 days after theunlisted classof employee performs any contract work. the contracting officer',
35758:'shall review theproposed classificationand rate and promptly submit the completed sf 1444 which must include information regarding the agreement or',
35759:'disagreement of the employees’ authorized representatives or the employees themselves together with the agency recommendation, and all pertinent information to',
35760:'the wage and hour division, u.s.department oflabor. the wage and hour division will approve, modify, or disapprove the action or',
35761:'render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer',
35762:'within 30days of receipt that additional time is necessary. iii the final determination ofthe conformanceaction by the wageand hour division',
35763:'shall be transmitted to the contracting officerwho shall promptly notify the contractor of the action taken. each affected employee shall',
35764:'be furnished by the contractor with a written copy of such determination or it shall be posted as a part',
35765:'of the wage determination. iv a the process of establishing wage and fringe benefit rates that bear a reasonable relationship',
35766:'to those listed in a wage determination cannot be reduced to any single formula. the approach used may vary from',
35767:'wage determination to wage determination depending on the circumstances. standard wage and salary administration practices which rank various job classificationsby',
35768:'pay gradepursuant to point schemes or other job factors may, for example, be relied upon. guidance may also beobtained from',
35769:'the way different jobsare rated underfederal pay systemsfederal wage board pay system and the general schedule or from otherwage determinationsissuedin',
35770:'the samelocality. basic tothe establishmentof any 52.2230 subpart 52.2 text of provisions and clauses 52.22241 conformable wage rates is the',
35771:'concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.',
35772:'b in the case of a contract modification, an exercise of an option, or extension of an existing contract, or',
35773:'in any other case where a contractor succeeds a contract under which the classification in question was previously conformed pursuant',
35774:'to paragraph c of this clause, a new conformed wage rate and fringe benefits may be assigned to the conformed',
35775:'classification by indexing i.e., adjusting the previous conformed rate and fringe benefits by an amount equal to the average mean',
35776:'percentage increase or decrease, where appropriate between the wages and fringe benefits specified for all classifications to be used on',
35777:'the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously',
35778:'applicable wage determination. where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work',
35779:'by the unlisted class of employees, thecontractor shall advise the contracting officer of the action taken but the otherprocedures in',
35780:'subdivision c2ii ofthis clause need not be followed. c no employee engaged in performing work on this contract shall in',
35781:'any event be paid less than the currently applicable minimum wage specified under section 6a1 of the fair labor standards',
35782:'act of1938, as amended. v the wage rate and fringe benefits finally determined under this paragraph c2 of this clause',
35783:'shall be paid to all employees performing in the classification from the first day on which contract work is performed',
35784:'by them in the classification. failure to pay the unlisted employees the compensation agreed upon by the interested parties and/or',
35785:'finally determined bythe wage and hour division retroactive to the date such class ofemployees commenced contract work shall be a',
35786:'violation of the service contract labor standards statute and this contract. vi upon discovery of failure tocomply with paragraph c2',
35787:'of thisclause, thewage and hour division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which',
35788:'shall be retroactive to the date such class or classes of employees commenced contract work. 3 adjustment of compensation. if',
35789:'the termof this contract is more than 1year, the minimum monetarywages and fringe benefits required to be paid or furnished',
35790:'thereunder to service employees under this contract shall be subject to adjustment after 1 year and not less often than',
35791:'once every 2 years, under wage determinations issued by the wage and hour division. d obligation to furnish fringe benefits.',
35792:'thecontractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph c2',
35793:'of this clause by furnishing equivalent combinationsof bonafide fringe benefits,or by makingequivalent or differential cash payments, only in accordance with',
35794:'subpart d of 29 cfr part 4. e minimum wage. in the absence of a minimum wage attachment for this',
35795:'contract, neither the contractor nor any subcontractor under this contract shall pay any person performing work under this contract regardless',
35796:'of whether the person is a service employee less than the minimum wage specified by section 6a1 of the fair',
35797:'labor standards act of1938. nothing in this clause shall relieve the contractor or any subcontractor of any other obligation under',
35798:'law or contract for payment of a higher wage to any employee. f successor contracts. if this contract succeeds a',
35799:'contract subject to the service contract labor standards statute under which substantially the same services were furnished in the same',
35800:'locality and service employees were paid wages and fringe benefits provided for in a collectivebargaining agreement, in the absenceof the',
35801:'minimum wage attachment for this contract setting forthsuch collectively bargainedwage rates and fringe benefits, neither the contractor nor any subcontractor',
35802:'under this contract shall pay any service employee performing any of the contract work regardless of whether or not such',
35803:'employee was employed under the predecessor contract, less than the wages and fringe benefits provided for in suchcollective bargaining agreement,',
35804:'to which such employee would have been entitled if employedunder thepredecessor contract, including accrued wages and fringe benefits and any',
35805:'prospective increases in wages and fringe benefits provided for under such agreement. no contractor or subcontractor under this contract may',
35806:'be relieved of the foregoing obligation unless the limitations of 29 cfr 4.1 bbapply or unless the secretary oflabor or',
35807:'the secretary’sauthorized representative finds, after a hearing as provided in 29 cfr 4.10 that the wages and/or fringe benefits provided',
35808:'for in such agreement aresubstantially at variancewith those which prevail for services of a character similar in the locality, or',
35809:'determines, as provided in 29 cfr 4.11, that the collectivebargaining agreement applicable to service employees employed under the predecessor contract',
35810:'was not entered into asa result of arm’s length negotiations. where it is found inaccordancewith the review procedures provided in',
35811:'29 cfr 4.10 and/or 4.11 and parts6 and 8 that some or all of the wages and/or fringe benefits contained',
35812:'in a predecessor contractor’scollective bargaining agreementare substantiallyat variance with those which prevail for services ofa character similar in the locality,',
35813:'and/or that the collectivebargaining agreement applicable to service employees employed under the predecessor contract was not entered intoas a result',
35814:'of arm’s length negotiations, 52.2231 52.22241 federal acquisition regulation the department will issue a new or revised wage determination setting',
35815:'forth the applicable wage rates and fringe benefits. suchdeterminationshallbe made part ofthe contract or subcontract,in accordance with thedecision of theadministrator,',
35816:'the administrative law judge, or the administrative review board, as the case may be, irrespective of whether such issuance occurs',
35817:'prior to or after the award of a contract or subcontract 53 comp. gen. 401 1973. in the case of',
35818:'a wage determination issued solely as a resultof afinding of substantial variance,such determination shall beeffective as of the date of',
35819:'the final administrative decision. g notification to employees. the contractor and any subcontractor under this contract shall notify each service',
35820:'employee commencing work on this contract of the minimum monetary wage and any fringe benefits required to be paid pursuant',
35821:'to this contract, or shall post the wage determination attached to this contract. the poster provided by the department of',
35822:'labor publication wh 1313 shall be posted in a prominent and accessible place at the work site. failure to comply',
35823:'with this requirement is a violation of 41 u.s.c. 6703 and of this contract. h safe and sanitary working conditions.',
35824:'the contractor or subcontractor shall not permit any part of the services called for by this contract to be performed',
35825:'in buildings or surroundings or under working conditions provided by or under the control or supervision of thecontractor or subcontractor',
35826:'which are unsanitary,hazardous, or dangerous to the healthor safety of the service employees. the contractor or subcontractor shall comply with',
35827:'the safety and health standards applied under 29 cfr part 1925. i records. 1 the contractor and each subcontractor performing',
35828:'work subject to the service contract labor standards statute shall make and maintain for 3 years from the completion of',
35829:'the work, and make them available for inspection and transcription by authorized representatives of the wage and hour division, a',
35830:'record of the following: i for each employee subject to the service contract labor standards statute a name and address',
35831:'and social security number; b correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits',
35832:'provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation; c daily and',
35833:'weekly hours worked by each employee; and d any deductions, rebates, or refunds from the total daily or weekly compensation',
35834:'of each employee. ii for those classes of service employees not included in any wage determination attached to this contract,',
35835:'wage rates or fringe benefits determined by the interested parties or by the administrator or authorized representative under the terms',
35836:'of paragraph c of this clause. a copy of the report required by subdivision c2ii of this clause will fulfill',
35837:'this requirement. iii any listof the predecessor contractor’semployees which had been furnished to the contractor as prescribed by paragraph n',
35838:'of this clause. 2 the contractor shall also make available a copy of this contract for inspection or transcription by',
35839:'authorized representatives of the wage and hour division. 3 failure to make and maintain or to make available these records',
35840:'for inspection and transcription shall be a violation of the regulationsand this contract, andin thecaseof failure to producethese records, thecontracting',
35841:'officer,upon direction of the departmentof laborandnotification to the contractor,shalltake action to cause suspension of any furtherpayment or advance of funds',
35842:'until the violation ceases. 4 the contractor shall permit authorized representatives of the wage andhourdivision to conduct interviews with employees',
35843:'at the work site during normal working hours. j pay periods. the contractor shall unconditionally pay to each employee subject',
35844:'to the service contract labor standards statute all wages due free and clear and without subsequent deduction except as otherwise',
35845:'provided by law or regulations, 29 cfr part 4, rebate, or kickback on any account. these payments shall be made',
35846:'no later than one pay period following the end of the regular pay period in which the wages were earned',
35847:'or accrued. a pay period under this statute may not be of any duration longer than semimonthly. k withholding of',
35848:'payments and termination of contract. the contracting officershallwithholdor cause to be withheld from the government prime contractor under this or',
35849:'any other government contract with the prime contractor such sums as anappropriate official of the departmentof labor requests or such',
35850:'sums as thecontracting officer decidesmay be necessary to pay underpaidemployees employedby the contractor or subcontractor. in the event of failure',
35851:'to pay any employees subject to the service contract labor standards statute all or part of the wages or fringe',
35852:'benefits due under the service contractlabor standards statute, the contractingofficer may, after authorization or bydirection ofthe department of labor and',
35853:'written notification to the contractor, take action to causesuspension of any further payment or advance of funds until suchviolations have',
35854:'ceased. additionally, any failure to complywith the requirements ofthis clause maybe grounds for 52.2232 subpart 52.2 text of provisions and',
35855:'clauses 52.22241 termination of the right to proceed with the contract work. in such event, the government may enter into',
35856:'other contracts or arrangements for completion of the work, charging thecontractor in default with any additional cost. l subcontracts. the',
35857:'contractor agrees to insert this clause in all subcontracts subject to the service contract labor standards statute. m collective bargaining',
35858:'agreements applicable to service employees. if wages to be paid or fringe benefits to be furnished any service employees employed',
35859:'by the government prime contractor or any subcontractor under the contract areprovided for in a collective bargaining agreement which is',
35860:'or will be effective during any period in whichthe contract is being performed, the government prime contractor shall reportsuch factto',
35861:'thecontracting officer,together with full information as to the application and accrual of such wages and fringe benefits, including any prospective',
35862:'increases, to serviceemployees engaged in work onthe contract, and acopy ofthe collective bargainingagreement. such report shall be made upon commencingperformance',
35863:'of the contract, in thecaseof collective bargaining agreements effectiveat such time, and in the case ofsuch agreements or provisions or',
35864:'amendments thereof effective ata later timeduring the period of contract performance such agreements shall be reported promptly after negotiation thereof.',
35865:'n seniority list. not less than 10 days prior to completion of any contract being performed at a federal facility',
35866:'where service employees may be retained in the performance of the succeeding contract and subject to a wage determination which',
35867:'contains vacation or other benefit provisions based upon length of service with a contractor predecessor or successor 29 cfr 4.173,',
35868:'the incumbent primecontractor shall furnish the contractingofficer a certified listof the names of all service employees on thecontractor’s or subcontractor’s',
35869:'payroll during thelast monthof contractperformance. such list shall also contain anniversary dates of employment on the contract either with the',
35870:'current or predecessor contractors of each such serviceemployee. the contracting officershallturnover such list to thesuccessor contractor at thecommencement ofthe succeeding',
35871:'contract. o rulings and interpretations. rulings and interpretations of the service contract labor standards statute are contained in regulations, 29',
35872:'cfr part 4. pcontractor’scertification. 1byenteringintothiscontract,thecontractorandofficialsthereofcertifiesthatneither it nor any person or firm who hasa substantial interest inthe contractor’sfirm is a person',
35873:'or firm ineligible to be awarded government contracts by virtue of the sanctions imposed under 41 u.s.c. 6706. 2 no',
35874:'part of this contract shall be subcontracted to any person or firm ineligible for award of a government contract under',
35875:'41 u.s.c. 6706. 3 the penalty for making false statements is prescribed in the u.s. criminal code, 18 u.s.c. 1001.',
35876:'q variations, tolerances, and exemptions involving employment. notwithstanding any of the provisions in paragraphs b through o of this clause,',
35877:'the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which thesecretaryof labor, pursuant to',
35878:'41 u.s.c. 6707 prior to its amendment by pub.l.92473, found to be necessary and proper in the public interest or',
35879:'to avoid serious impairment of the conduct of government business: 1 apprentices, studentlearners, and workers whose earning capacity is impaired',
35880:'by age, physical or mental deficiency, or injury may beemployed atwageslower than theminimum wages otherwiserequired by 41 u.s.c. 67031 without',
35881:'diminishing any fringe benefits or cash payments in lieu thereof required under 41 u.s.c. 67032, in accordance with the conditions',
35882:'and procedures prescribed for the employment of apprentices, studentlearners, persons with disabilities, and disabled clients of work centers under section',
35883:'14 of the fair labor standards act of 1938, in the regulations issued by the administrator 29 cfr parts 520,',
35884:'521, 524, and 525. 2 the administrator will issue certificates under the statute for the employment of apprentices, studentlearners, persons',
35885:'with disabilities, or disabled clients of work centers not subject to the fair labor standards act of 1938, or subject',
35886:'to differentminimum rates of pay under the two statutes, authorizing appropriate rates ofminimum wages but without changing requirements concerning fringe',
35887:'benefits or supplementary cash payments in lieu thereof, applying procedures prescribed by the applicable regulations issued under the fair labor',
35888:'standards act of 1938 29 cfr parts 520, 521, 524, and 525. 3 the administrator willalso withdraw, annul, or cancel',
35889:'such certificatesin accordance with theregulations in 29 cfr parts 525 and 528. r apprentices. apprentices will be permitted to work',
35890:'at less than the predetermined rate for the work they perform when they are employed and individually registered in a',
35891:'bona fide apprenticeship program registered with a state apprenticeship agency which isrecognizedby the u.s. department of labor, or if nosuch',
35892:'recognized agencyexists ina state, under a program registered with the office ofapprenticeship training,employer, and labor services oatels, u.s. department of',
35893:'labor. anyemployee who is not registered as anapprentice inan approved program shall be paid the wage rate and fringe benefits',
35894:'contained in the applicable wage determination for the journeyman classification of work actually performed. the 52.2233 52.22242 federal acquisition regulation',
35895:'wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in',
35896:'the registered program, expressed as the appropriate percentage of the journeyman’s ratecontained inthe applicable wage determination. the allowable ratio of',
35897:'apprentices to journeymen employed on the contract work in any craft classification shall not be greater than the ratio permitted',
35898:'to the contractor as to his entire work force under the registered program. s tips. an employee engaged in an',
35899:'occupation in which the employee customarily and regularly receives more than $30 a month in tips may have the amount',
35900:'of these tips credited by the employer against the minimum wage required by 41 u.s.c. 67031, in accordance with section',
35901:'3m of the fair labor standards act and regulations, 29 cfr part 531. however, the amount of credit shall not',
35902:'exceed $1.34per hour beginning january 1,1981. touse this provision 1 the employer must inform tipped employees about this tip credit',
35903:'allowance before the credit is utilized; 2 the employees must be allowed to retain all tips individually or through a',
35904:'pooling arrangement and regardless of whether the employer elects to take a credit for tips received; 3 the employer must',
35905:'be able to show by records that the employee receives at least the applicable service contract labor standards minimum wage',
35906:'through the combination of direct wages and tip credit; and 4 the use of such tipcredit musthavebeenpermitted under any predecessor',
35907:'collective bargaining agreement applicable by virtue of 41 u.s.c. 6707c. t disputes concerning labor standards. the u.s. department of labor',
35908:'has set forth in 29 cfr parts 4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. such',
35909:'disputes shall be resolved in accordance with those procedures and not the disputes clause of this contract. disputes within the',
35910:'meaning of this clause include disputes between the contractororany of its subcontractorsandthe contracting agency, the u.s. department of labor, or',
35911:'the employees or their representatives. end of clause 52.22242 statement of equivalentrates forfederal hires. as prescribed in 22.1006b, insert the',
35912:'following clause: statement of equivalent rates for federal hires may 2014 in compliance with the service contract labor standards statute',
35913:'and the regulations of the secretary of labor 29 cfr part 4, this clause identifies the classes of service employees',
35914:'expected to be employed under the contract and states the wages and fringe benefits payable to each if they were',
35915:'employed by the contracting agency subject to the provisions of 5 u.s.c.5341 or 5 332. this statementis for informationonly: it',
35916:'is not a wage determination employee class monetary wagefringe benefits end of clause 52.22243 fairlabor standards act and service contract',
35917:'labor standardsprice adjustment multiple year and option contracts. as prescribed in 22.1006c1, insert the following clause: 52.2234 subpart 52.2 text',
35918:'of provisions and clauses 52.22244 fair labor standards act and service contract labor standardsprice adjustment multiple year and option contracts',
35919:'aug 2018 a this clause applies to both contracts subject to area prevailing wage determinations and contracts subject to collective',
35920:'bargainingagreements. b the contractor warrants that the prices in this contract do not include any allowance for any contingency to',
35921:'cover increased costs for which adjustment is provided under this clause. c the wage determination, issued under the service contract',
35922:'labor standards statute, 41 u.s.c. chapter 67, by the administrator,wage and hour division, u.s. department of labor, current on the',
35923:'anniversary date of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.',
35924:'if no such determination has been made applicable to this contract, then the federal minimum wage as established by section',
35925:'6a1 of the fair labor standards act of1938, as amended, 29 u.s.c. 206 current on the anniversary date of a',
35926:'multiple year contract or the beginning of each renewal option period, shall apply to this contract. d the contract price,',
35927:'contract unit pricelabor rates, or fixed hourly laborrateswill be adjusted to reflect the contractor’s actual increase or decrease in applicable',
35928:'wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily',
35929:'made by the contractor as a result of: 1 the department of labor wage determination applicable on the anniversary date',
35930:'of the multiple year contract, or at the beginning of the renewal option period. for example, the prior year wage',
35931:'determination required a minimum wage rate of $4.00 per hour. the contractor chose to pay $4.10. the new wage determination',
35932:'increases the minimum rate to $4.50 per hour. even ifthe contractor voluntarily increases the rate to $4.75 per hour, theallowable',
35933:'price adjustment is $.40 per hour; 2 an increased or decreased wage determination otherwise applied to the contract by operation',
35934:'of law; or 3 an amendment tothe fair laborstandards act of1938 that is enactedafter award of this contract, affects the',
35935:'minimum wage, and becomes applicable tothiscontract under law. e any adjustment will be limited to increases or decreases in wages',
35936:'and fringe benefits as described in paragraph d of this clause, and the accompanying increases or decreases in social security',
35937:'and unemployment taxes and workers’ compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead,',
35938:'or profit. f the contractor shall notify thecontracting officer of any increase claimed under thisclause within 30 daysafter receivinga new',
35939:'wage determinationunlessthisnotification period is extended in writing by the contracting officer. the contractor shall promptly notify the contracting officer of',
35940:'any decrease under this clause,but nothing in the clause shall precludethe government from assertinga claim withinthe periodpermitted bylaw. the notice',
35941:'shall contain a statement of the amount claimed and the change in fixed hourly rates if this is a timeandmaterials',
35942:'or laborhour contract, and any relevant supporting data, including payroll records, that the contracting officer may reasonably require. upon agreement',
35943:'of the parties, the contract price, contract unit price labor rates, or fixed hourly rates shall be modified in writing.',
35944:'the contractor shall continueperformance pending agreement on or determination of anysuch adjustment and itseffective date. g the contracting officer or',
35945:'anauthorized representative shall have accessto and the right to examine any directly pertinent books, documents, papers and records of the',
35946:'contractor until the expiration of 3 years after final payment under the contract. end of clause 52.22244 fair labor standards',
35947:'act and service contract labor standardsprice adjustment. as prescribed in 22.1006c2, insert the following clause: fair labor standards act and',
35948:'service contract labor standardsprice adjustment may 2014 a this clause applies to both contracts subject to area prevailing wage determinations',
35949:'and contracts subject to contractor collective bargaining agreements. b the contractor warrants that the prices in this contract do not',
35950:'include any allowance for any contingency to cover increased costs for which adjustment is provided under this clause. c the',
35951:'contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to reflect increases or decreases',
35952:'by the contractor in wages and fringe benefits to the extent that these increases or decreases are made to comply',
35953:'with 1 an increased or decreased wage determination applied to this contract by operation of law; or 52.2235 52.22245 federal',
35954:'acquisition regulation 2 an amendment tothe fair laborstandards act of1938 that is enactedsubsequentto award ofthis contract, affects theminimum wage,andbecomes applicable',
35955:'to this contract under law. d any such adjustment will be limited to increases or decreases in wages and fringe',
35956:'benefits as described in paragraph c of this clause, and to the accompanying increases or decreases in social security and',
35957:'unemployment taxes and workers’ compensation insurance; it shall not otherwise include any amount for general and administrative costs, overhead, or',
35958:'profit. e thecontractor shall notify the contractingofficer of anyincrease claimed underthis clause within 30 days after theeffective date ofthe wagechange,',
35959:'unless this period is extended bythe contracting officerin writing. thecontractor shall promptly notify thecontracting officer of any decreaseunder this clause,',
35960:'but nothing in the clause shall preclude thegovernment from asserting a claimwithin theperiod permitted by law. the notice shall contain',
35961:'astatement ofthe amount and the change in fixed hourly rates if this is a timeandmaterials or laborhour contract claimed and',
35962:'any relevant supporting data that the contractingofficer may reasonably require. upon agreement of theparties, thecontract price, contract unit price labor',
35963:'rates, or fixed hourly rates shall be modified in writing. the contractor shall continue performance pending agreement on or determination',
35964:'of anysuch adjustment and itseffective date. f the contracting officer or anauthorized representative shall, untilthe expiration of 3 years after',
35965:'final payment under the contract, have access to and the right to examine any directly pertinent books, documents, papers, and',
35966:'records of the contractor. end of clause 52.22245 [reserved] 52.22246 evaluation of compensationfor professional employees. as prescribed in 22.1103 ,',
35967:'insert the following provision: evaluation of compensation for professional employeesfeb 1993 a recompetition of service contracts may in some cases',
35968:'result in lowering the compensation salaries and fringe benefits paid or furnished professional employees. this lowering can be detrimental in',
35969:'obtaining the quality of professional services needed for adequate contract performance. it is therefore in the government’s best interest that',
35970:'professionalemployees, as defined in 29 cfr 541, be properly and fairly compensated. aspart of their proposals, offerors willsubmit a total',
35971:'compensation plan setting forth salaries and fringe benefits proposed for the professional employees who will work under the contract. the',
35972:'government will evaluate the plan to assure that it reflects a sound management approach and understanding of the contract requirements.',
35973:'this evaluation willinclude an assessmentof the offeror’sability toprovide uninterrupted highquality work. the professional compensation proposed will be considered in terms',
35974:'of its impact upon recruiting and retention, its realism, and its consistency with a total plan for compensation. supporting information',
35975:'will include data, such as recognized national and regional compensation surveys and studies of professional, public and private organizations, used',
35976:'in establishing the total compensation structure. b the compensation levels proposed should reflect a clear understanding of work to be',
35977:'performed and should indicate the capability of the proposed compensation structure to obtain and keep suitably qualified personnel to meet',
35978:'mission objectives. the salary rates or ranges must takeinto accountdifferencesin skills,the complexity of various disciplines, and professional job difficulty. additionally,',
35979:'proposals envisioningcompensation levels lower than those of predecessor contractors for the same work will be evaluatedon the basisof maintaining program',
35980:'continuity, uninterruptedhighquality work, and availability of required competent professional serviceemployees. offerors are cautionedthat lowered compensation for essentially the same professional',
35981:'work may indicate lack of sound management judgment and lack of understanding of the requirement. c the government is concerned',
35982:'with the quality and stability of the work force to be employed on this contract. professional compensation that is unrealistically',
35983:'low or not in reasonable relationship to the various job categories, since it may impair the contractor’s ability to attract',
35984:'and retain competent professionalservice employees, may be viewedas evidence of failure to comprehend the complexity of the contract requirements. d',
35985:'failure to comply with theseprovisions mayconstitute sufficient cause to justifyrejection of a proposal. end of provision 52.2236 subpart 52.2 text',
35986:'of provisions and clauses 52.22249 52.22247 [reserved] 52.22248 exemption from application of the service contract laborstandards to contracts for maintenance,',
35987:'calibration, or repair of certain equipmentcertification. as prescribed in 22.1006e1, insert the following provision: exemption from application of the service',
35988:'contract labor standards to contracts for maintenance, calibration, or repair of certain equipmentcertification may 2014 a theofferor shall check thefollowing',
35989:'certification: certification the offeror □ does □ does not certify that 1 the items of equipment to be serviced under',
35990:'this contract are used regularly for other than government purposes, and aresold ortraded bythe offerororsubcontractorin the case of an exempt',
35991:'subcontractor insubstantial quantities to the general public in the course of normal business operations; 2 the services will be furnished',
35992:'at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of',
35993:'equipment. i an established catalog price is a price included in a catalog, price list, schedule, or other form that',
35994:'is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and',
35995:'states prices at whichsales currently, or were last, made toa significantnumber of buyers constituting the general public. ii an established',
35996:'market price is a current price, established in the usual course of trade between buyers and sellersfree to bargain, which',
35997:'can be substantiatedfrom sources independent of the manufacturer or offeror; and 3 the compensation wage and fringe benefits plan for',
35998:'all service employees performing work under the contract are the same as that used for these employees and equivalent employees',
35999:'servicing the same equipment of commercial customers. b certification bythe offeror as to its compliance with respectto the contractalso constitutes',
36000:'its certification asto complianceby its subcontractor if it subcontracts out theexempt services. if the offerorcertifies to the conditions in paragraph',
36001:'a of this provision, and the contracting officer determines in accordancewith far 22.10034c3 that the service contract labor standards statute',
36002:'1 will not applyto this offeror, then the service contract labor standards clause in this solicitation will not be includedin',
36003:'any resultant contractto this offeror; or 2 will apply to this offeror, then the clause at 52.22251, exemption from application',
36004:'of the service contract labor standards to contracts for maintenance, calibration, or repair of certain equipmentrequirements, in this solicitation will',
36005:'not be included in any resultant contract awarded tothis offeror, and the offeror may beprovided an opportunity to submit a',
36006:'new offer on thatbasis. c if the offeror does notcertifyto theconditions in paragraph a of this provision 1 the clause',
36007:'in this solicitation at 52.22251, exemption from application of the service contract labor standards to contracts for maintenance, calibration, or',
36008:'repair of certain equipmentrequirements, will not be included in any resultant contract awarded to this offeror; and 2 the offeror',
36009:'shall notify the contracting officer as soon as possible, ifthe contracting officerdid not attach a service contract labor standards wage',
36010:'determination to the solicitation. d the contracting officer may not make an award tothe offeror, if the offeror fails toexecutethe',
36011:'certification in paragraph a of this provision or to contact the contracting officer as required in paragraphc of this provision.',
36012:'end of provision 52.22249 service contract labor standardsplace of performance unknown. as prescribed in 22.1006f, insert the following clause: service',
36013:'contract labor standardsplace of performance unknown may 2014 a this contract is subject to the service contract labor standards statute,',
36014:'and the place of performance was unknown when the solicitation was issued. in additionto places or areas identifiedin wage determinations,',
36015:'if any, attached to the solicitation, wage determinations have also been requested for the following: [insert places or areas]. the',
36016:'52.2237 52.22250 federal acquisition regulation contracting officerwill request wagedeterminations for additional placesor areasof performance if asked to do so in',
36017:'writing by [insert time and date]. b offerorswho intend to performin a place or area of performanceforwhich awage determination has',
36018:'not been attached or requested may neverthelesssubmit bids or proposals. however,a wage determination shall be requested and incorporated in the',
36019:'resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price. end',
36020:'of clause 52.22250 combating trafficking in persons. as prescribed in 22.1705a1, insert the following clause: combating trafficking in persons nov',
36021:'2021 a definitions. as used in this clause agent meansany individual, including a director, anofficer, an employee, or anindependent contractor,',
36022:'authorized to act on behalf of the organization. coercion means 1 threats of serious harm to or physical restraint against',
36023:'any person; 2 any scheme, plan, or pattern intended to cause a person to believe that failure to perform an',
36024:'act would result in serious harm to or physical restraint against any person; or 3 the abuse or threatened abuse',
36025:'of the legal process. commercial sex act means any sex act on account of which anything of value is given',
36026:'to or received by any person. commercially available offtheshelf cots item — 1 means any item of supply including construction',
36027:'material that is— i a commercial product as defined in paragraph 1 of the definition of “commercial product” at federal',
36028:'acquisition regulationfar 2.101; ii sold in substantial quantities in the commercial marketplace; and iii offered tothe government, under a contract',
36029:'or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace;',
36030:'and 2 does not include bulk cargo, as defined in 46 u.s.c. 401024, such as agricultural products and petroleum products.',
36031:'debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or',
36032:'her personal services or of those of a person under his or her control as a security for debt, if',
36033:'the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length',
36034:'and nature of those services are not respectively limited and defined. employee means an employee of the contractor directly engaged',
36035:'in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.',
36036:'forced labor means knowingly providing or obtaining the labor or services of a person 1 by threats of serious harm',
36037:'to, or physical restraint against, that person or another person; 2 by means of any scheme, plan, or pattern intended',
36038:'to cause the person to believe that, if the person did not perform suchlaboror services,that person or another person would',
36039:'suffer serious harm or physicalrestraint; or 3 by means of the abuse or threatened abuse of law or the legal',
36040:'process. involuntary servitude includes a condition of servitude induced by means of 1 any scheme, plan, or pattern intended to',
36041:'cause a person to believe that, if the person did not enter into or continue in such conditions, that person',
36042:'oranother person would sufferserious harm orphysical restraint; or 2 the abuse or threatened abuse of the legal process. recruitment fees',
36043:'means fees of anytype,including charges, costs, assessments, or otherfinancialobligations, that are associated with the recruiting process, regardless of the time,',
36044:'manner, or location of imposition or collection ofthe fee. 1 recruitment fees include, but are not limited to, the following',
36045:'fees when they are associated with the recruiting process for i soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training,',
36046:'providing orientation to, skills testing, recommending, or placing employees or potential employees; 52.2238 subpart 52.2 text of provisions and clauses',
36047:'52.22250 ii advertising iii obtaining permanent or temporary labor certification, including any associated fees; iv processing applications and petitions; v',
36048:'acquiring visas, including any associated fees; vi acquiring photographs and identity or immigration documents, such as passports, including any associated',
36049:'fees; vii accessing the job opportunity, including requiredmedical examinations andimmunizations; background, reference, and security clearance checks and examinations; and additional',
36050:'certifications; viii an employers recruiters, agents or attorneys, or other notary or legal fees; ix language interpretation or translation, arranging',
36051:'for or accompanying on travel, or providing other advice to employees or potential employees; x governmentmandated fees, such as border',
36052:'crossing fees, levies, or worker welfare funds; xi transportation and subsistence costs a while in transit, including, but not limited',
36053:'to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country',
36054:'of origin to the country of performance and the return journey upon the end of employment; and b from the',
36055:'airport or disembarkation point to the worksite; xii security deposits, bonds, and insurance; and xiii equipmentcharges. 2 a recruitment fee,',
36056:'as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is i',
36057:'paid in property or money; ii deducted from wages; iii paid back in wage or benefit concessions; iv paid back',
36058:'as a kickback, bribe, inkind payment,free labor, tip, or tribute; or v collected by an employeror athird party, whether licensedor',
36059:'unlicensed,including, but not limited to a agents; b labor brokers; c recruiters; dstaffing firms including private employment and placementfirms; e',
36060:'subsidiaries/affiliates of the employer; f any agent or employee of such entities; and g subcontractors at all tiers. severe forms',
36061:'of trafficking in persons means 1 sex traffickingin which a commercial sexact is induced by force, fraud, orcoercion, or in',
36062:'which theperson induced to perform such act has not attained 18 years of age; or 2 the recruitment, harboring, transportation,',
36063:'provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for thepurpose',
36064:'of subjection to involuntary servitude,peonage, debt bondage, or slavery. sex trafficking means therecruitment, harboring, transportation, provision, or obtaining ofa person',
36065:'for the purpose ofa commercial sex act. subcontract means any contract entered into by a subcontractor to furnish supplies or',
36066:'services for performance of a prime contract or a subcontract. subcontractor means any supplier,distributor, vendor,or firm thatfurnishes supplies or servicesto',
36067:'or for a prime contractor oranother subcontractor. united states means the 50 states, the district of columbia, and outlying areas.',
36068:'b policy. the united states government has adopted a policy prohibiting traffickingin persons including the trafficking related activities of this',
36069:'clause. contractors, contractor employees, and their agents shall not 1 engagein severeforms of trafficking in personsduring the period of performance',
36070:'of thecontract; 2 procure commercial sex acts during the period of performance of the contract; 3 use forced labor in',
36071:'the performance of the contract; 4 destroy, conceal, confiscate, or otherwisedeny access by an employee to the employee’s identity or',
36072:'immigration documents, such as passports or drivers licenses, regardless of issuing authority; 5 iusemisleadingorfraudulentpracticesduringtherecruitmentofemployeesorofferingofemployment,suchas failing to disclose, in a format',
36073:'and language understood by the employee or potential employee, basic information or making 52.2239 52.22250 federal acquisition regulation material misrepresentations',
36074:'during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location',
36075:'of work, the living conditions, housing and associated costs if employer or agent provided or arranged, any significant coststo becharged',
36076:'to theemployee or potential employee, and, if applicable,the hazardous nature of the work; ii use recruiters that do not comply',
36077:'with local labor laws of the country in which the recruiting takes place; 6 charge employees or potential employees recruitment',
36078:'fees; 7 i fail to provide return transportation or pay for the cost of return transportation upon the end of',
36079:'employment a for an employee who is not a national of the country in which the work is taking place',
36080:'and who was brought into that country for the purpose of working on a u.s. government contract or subcontract for',
36081:'portions of contracts performed outside the united states; or b for an employee who is not a united states national',
36082:'and who was brought into the united states for the purpose of working on a u.s. government contract or subcontract,',
36083:'if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with',
36084:'the employee for portions of contracts performed inside the united states; except that ii the requirements of paragraphs b7i of',
36085:'this clause shall not apply to an employee who is a legally permitted to remain in the country of employment',
36086:'and who chooses to do so; or b exempted by an authorized officialof the contractingagency from the requirement to provide',
36087:'return transportation or pay for the cost of return transportation; iii the requirements ofparagraph b7i of this clause aremodified for',
36088:'a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or',
36089:'for a witness in an enforcement action related to trafficking in persons. the contractor shall provide the return transportation or',
36090:'pay thecost of return transportationin a way that does not obstructthe victim services, legal redress, or witness activity. for example,',
36091:'thecontractor shall not only offer return transportation toa witness at atime when the witnessis still needed totestify. this paragraphdoes not',
36092:'apply when the exemptions atparagraph b7ii of thisclause apply. 8 provide or arrange housing that fails to meet the host',
36093:'country housing and safety standards; or 9 if required by law or contract, fail to provide an employment contract, recruitment',
36094:'agreement, or other required work document in writing. such written work document shall be in a language the employee understands.',
36095:'if the employee must relocate to perform the work, the work document shall be provided to the employee at least',
36096:'five days prior to the employeerelocating. the employee’s work document shall include, but is not limited to, details about work',
36097:'description, wages, prohibition on chargingrecruitment fees, work locations, livingaccommodations andassociated costs,time off, roundtrip transportation arrangements, grievance process, and the content',
36098:'of applicable laws and regulations that prohibit trafficking in persons. c contractor requirements. the contractor shall 1 notify its employees',
36099:'and agents of ithe united states governments policy prohibiting trafficking in persons,described in paragraph b of this clause; and iithe',
36100:'actions that will be taken against employees or agents for violations of this policy. such actions for employees may include,',
36101:'but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and 2 takeappropriate action,',
36102:'upto and includingtermination, againstemployees, agents,or subcontractors that violate the policy in paragraph b of this clause. d notification. 1 the',
36103:'contractor shall inform the contracting officer and the agency inspectorgeneral immediately of i any credible information it receives from any',
36104:'source including host country law enforcement that alleges a contractor employee, subcontractor, subcontractor employee, or theiragenthas engaged in conduct that',
36105:'violates the policy in paragraph b of this clause see also 18 u.s.c. 1351, fraud in foreign labor contracting, and',
36106:'52.20313b3ia, if that clause is included in the solicitation orcontract, whichrequiresdisclosure tothe agency officeof the inspector general when the contractor',
36107:'has credible evidence of fraud; and iiany actionstakenagainst a contractor employee, subcontractor,subcontractoremployee, or their agent pursuant to this clause. 2',
36108:'if the allegation may be associated with more than one contract, the contractor shall inform the contractingofficer for the contract',
36109:'with the highest dollar value. 52.2240 subpart 52.2 text of provisions and clauses 52.22250 e remedies. in addition to other',
36110:'remediesavailable to the government, the contractor’s failure to comply with the requirements of paragraphs c, d, g, h, or i',
36111:'of this clause may result in 1 requiring the contractor to remove a contractor employee or employees from the performance',
36112:'of the contract; 2 requiring the contractor to terminate a subcontract; 3 suspension of contract payments until the contractor has',
36113:'taken appropriate remedial action; 4 loss of award fee, consistent with the award fee plan, for the performance period in',
36114:'which the government determined contractor noncompliance; 5 declining to exercise available options under the contract; 6 terminationof the contract for',
36115:'default or cause, in accordancewith the termination clause of this contract; or 7 suspension or debarment. f mitigating and aggravating',
36116:'factors. when determining remedies, thecontracting officer may consider the following: 1 mitigating factors. thecontractor hada trafficking in persons compliance plan',
36117:'or anawarenessprogramat the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for',
36118:'the violation, that may include reparation to victims for such violations. 2 aggravating factors. the contractor failed to abate an',
36119:'alleged violation or enforce the requirements of a compliance plan, when directed by the contracting officer to do so. g',
36120:'full cooperation. 1 the contractor shall, at a minimum idisclose tothe agency inspector generalinformationsufficient to identifythe nature and extent of',
36121:'an offense and the individuals responsible for the conduct; ii provide timely and complete responses to government auditors and investigators',
36122:'requests for documents; iii cooperatefully in providing reasonable access to its facilities and staffboth inside and outside the u.s. to',
36123:'allow contracting agencies and other responsible federal agencies to conduct audits, investigations, or other actions to ascertaincompliance with the trafficking',
36124:'victims protection act of 2000 22 u.s.c. chapter 78, e.o. 13627, or any other applicable law or regulation establishing restrictionson',
36125:'trafficking in persons, the procurement ofcommercial sex acts, or the use of forced labor; and iv protect all employees suspected',
36126:'of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was',
36127:'recruited, and shall not prevent or hinder the ability of these employees from cooperating fully with government authorities. 2 the',
36128:'requirement for full cooperationdoes not foreclose any contractor rights arising in law, the far, or the terms of the contract.',
36129:'it does not irequire the contractor to waive its attorneyclient privilegeor the protections afforded bythe attorney work product doctrine; iirequire',
36130:'any officer, director, owner, employee,or agent of the contractor, including a sole proprietor, to waive his or her attorney client',
36131:'privilege or fifth amendment rights; or iii restrict the contractor from a conducting an internal investigation; or b defending a',
36132:'proceeding or dispute arising under the contract or related to a potential or disclosed violation. h compliance plan. 1 this',
36133:'paragraph h applies to any portion of the contract that iisforsupplies, other than commerciallyavailableofftheshelf items, acquired outside the united states,',
36134:'or services to be performed outside the united states; and ii has an estimated value that exceeds $550,000. 2 the',
36135:'contractor shall maintain a compliance plan during the performance of the contract that is appropriate ito thesize and complexity of',
36136:'the contract; and iito the natureandscope of the activities to be performedforthe government, including the number of non united states',
36137:'citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to',
36138:'trafficking inpersons. 3 minimum requirements. the compliance plan must include, at a minimum, the following: ian awareness program to inform',
36139:'contractor employees about thegovernment’s policy prohibiting trafficking related activities described in paragraph b of this clause, the activities prohibited, and',
36140:'the actions that will be taken against theemployee for violations. additional information about trafficking in persons and examples of awareness',
36141:'programs can be found at the websiteforthe department of state’s office to monitor and combattrafficking in persons at http:// www.state.gov/j/tip/.',
36142:'52.2241 52.22250 federal acquisition regulation ii a process for employees to report, without fear of retaliation, activity inconsistent with the',
36143:'policy prohibiting trafficking in persons,including ameans to make available to all employees the hotline phone number ofthe globalhuman traffickinghotline at',
36144:'1844888free and its email address at help@befree.org. iii a recruitment and wage plan that only permits the use of recruitment',
36145:'companies with trained employees, prohibits charging recruitment fees tothe employees or potential employees and ensuresthat wages meetapplicable host country legal',
36146:'requirements or explains any variance. iv a housing plan, if the contractor or subcontractor intends to provide or arrange housing,',
36147:'that ensures that the housing meets hostcountry housing and safety standards. v procedures toprevent agentsandsubcontractors at any tierand atanydollarvalue from',
36148:'engagingin trafficking in persons including activities in paragraphbof this clause and to monitor, detect, and terminate any agents, subcontracts, or',
36149:'subcontractor employees that have engaged in such activities. 4 posting. i the contractor shall post the relevant contents of the',
36150:'compliance plan, no later than the initiation of contract performance, at the workplace unless the work is to be performed',
36151:'in the field or not in a fixed location and on the contractors web site if oneis maintained. if posting',
36152:'at the workplace oron the website is impracticable, the contractor shall provide the relevant contents of the compliance plan to',
36153:'each worker in writing. iithe contractor shall provide the compliance plan tothe contracting officerupon request. 5 certification. annually after receiving',
36154:'an award, the contractor shall submit a certification to the contracting officer that i it has implemented a compliance plan',
36155:'to prevent any prohibited activities identified at paragraph b of this clause and to monitor, detect, and terminate any agent,',
36156:'subcontract or subcontractor employee engaging in prohibited activities; and ii after having conducted due diligence, either ato the bestof the',
36157:'contractorsknowledge and belief, neither it nor any of itsagents, subcontractors, or their agents is engaged in any such activities; or',
36158:'b if abuses relating to any of the prohibited activities identified in paragraph b of this clause have been found,',
36159:'the contractor or subcontractor has taken the appropriate remedial and referral actions. i subcontracts. 1 the contractor shall include the',
36160:'substance of this clause, including this paragraph i, in all subcontracts and in all contracts with agents. the requirements in',
36161:'paragraph h of this clause apply only to any portion of the subcontract that iisforsupplies, other than commerciallyavailableofftheshelf items, acquired',
36162:'outside the united states, or services to be performed outside the united states; and ii has an estimated value that',
36163:'exceeds $550,000. 2 if any subcontractor is required by this clause to submit a certification, the contractor shall require submission',
36164:'prior to the award of the subcontractandannually thereafter. the certification shall cover the items in paragraphh5 of this clause. end',
36165:'of clause alternate i mar 2015. as prescribed in 22.1705a2, substitute the following paragraph in place of paragraph c1 i',
36166:'of the basic clause: ia the united states governments policy prohibiting trafficking in persons described in paragraphbof this clause; and',
36167:'b the following directives or notices applicable to employees performing work at the contract places of performance as indicated below:',
36168:'document title document may be obtained from: applies to performance in/at: [contracting officer shall insert title of directive/notice; indicate the',
36169:'document is attached or provide source such as website link for obtaining document; and, indicate the contract performance location outside',
36170:'the united states. to which the document applies.] 52.2242 subpart 52.2 text of provisions and clauses 52.22252 52.22251 exemption from',
36171:'application of the service contract laborstandards to contracts for maintenance, calibration,or repair of certain equipmentrequirements. as prescribed in 22.1006e2, insert',
36172:'the following clause: exemption from application of the service contract labor standards to contracts for maintenance, calibration, or repair of',
36173:'certain equipmentrequirements may 2014 a the items of equipment to be serviced under this contract are used regularly for other',
36174:'than government purposes, and are sold or traded by the contractor in substantial quantities to the general public in the',
36175:'course of normal business operations. b the services shall be furnished at prices which are, or are based on, established',
36176:'catalog or market prices for the maintenance, calibration, or repair of equipment. 1 an established catalog price is a price',
36177:'included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the contractor,',
36178:'is eitherpublished orotherwise available for inspection by customers,and states prices at whichsales currently, or were last, made toa significantnumber of',
36179:'buyers constituting the general public. 2 an established market price is a current price, established in the usual course of',
36180:'trade between buyers and sellers free to bargain, which can be substantiated from sourcesindependent ofthe manufactureror contractor. c the compensation',
36181:'wage and fringe benefits plan for all service employees performing work under the contract shall be the same as that',
36182:'used for these employees and for equivalent employees servicing the same equipment of commercial customers. d the contractor is responsible',
36183:'for compliance with all the conditions of this exemption by its subcontractors. the contractor shall determine the applicability of this',
36184:'exemption to any subcontract on or before subcontract award. in making a judgment that theexemption applies, the contractorshallconsider all factors',
36185:'and make an affirmative determination that all of the conditions in paragraphs a through c of this clause will be',
36186:'met. e if the department of labor determines that any conditions for exemption in paragraphs a through c of this',
36187:'clause have not been met, the exemption shall be deemed inapplicable, and the contract shall become subject to the service',
36188:'contract labor standards statute. in such case, the procedures at 29 cfr 4.123e1iv and 29 cfr 4.5c will be followed.',
36189:'f the contractor shall include the substance of this clause, including this paragraph f, in subcontracts for exempt services under',
36190:'this contract. end of clause 52.22252 exemption from application of the service contract laborstandards to contracts for certain services certification.',
36191:'as prescribed in 22.1006e3, insert the following provision: exemption from application of the service contract labor standards to contracts for',
36192:'certain servicescertification may 2014 a theofferor shall check thefollowing certification: certification the offeror □ does □ does not certify that',
36193:'1 the services under the contract areoffered and sold regularly to nongovernmental customers, and areprovided by theofferor or subcontractor in',
36194:'the case ofan exempt subcontract to the general public in substantial quantities in the course of normal business operations; 2',
36195:'the contract services are furnished at prices that are, or are based on, established catalog or market prices. an established',
36196:'catalog price is a price included in a catalog, price list, schedule, or other form that is regularly maintained by',
36197:'themanufacturer or the offeror, is eitherpublished orotherwise available for inspection by customers,andstates prices at which sales currently, or were last,',
36198:'made toa significant number of buyers constituting the general public. an established market price is a current price, established in',
36199:'the usual course of ordinary and usual trade between buyers and sellers free to bargain, which canbe substantiated from sources',
36200:'independentof the manufacturer or offeror; 3 each service employee who will perform the services under the contract will spend only',
36201:'a small portion of his or her time a monthly average of less than 20 percent of the available hours',
36202:'on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period',
36203:'is less than a month servicing the government contract; and 52.2243 52.22253 federal acquisition regulation 4 the offeror uses the',
36204:'samecompensation wage and fringe benefits plan for all service employees performing work underthe contract as theofferor uses for these employees',
36205:'and for equivalent employeesservicingcommercial customers. b certification bythe offeror as to its compliance with respectto the contractalso constitutes its certification',
36206:'asto complianceby its subcontractor if it subcontracts out theexempt services. if the offerorcertifies to the conditions in paragraph a of',
36207:'this provision, and the contracting officer determines in accordancewith far 22.10034d3 that the service contract labor standards statute 1 will',
36208:'not applyto this offeror, then the service contract labor standards clause in this solicitation will not be includedin any resultant',
36209:'contractto this offeror; or 2 will apply to this offeror, then the clause at far 52.22253, exemption from application of',
36210:'the service contract labor standards to contracts for certain servicesrequirements, in this solicitation will not be included in any resultant',
36211:'contract awarded to this offer, and the offeror may be provided an opportunity to submit anew offer on that basis.',
36212:'c if the offeror does notcertifyto theconditions in paragraph a of this provision 1 the clause of this solicitation at',
36213:'52.22253, exemption from application of the service contract labor standards to contracts for certain servicesrequirements, will not be included in',
36214:'anyresultant contract to this offeror; and 2 the offeror shall notify the contracting officer as soon as possible if the',
36215:'contracting officer did not attacha service contract labor standards wage determination to the solicitation. d the contracting officer may not',
36216:'make an award tothe offeror, if the offeror fails toexecutethe certification in paragraph a of this provision or to contact',
36217:'the contracting officer as required in paragraphc of this provision. end of provision 52.22253 exemption from application of the service',
36218:'contract laborstandards to contracts for certain services requirements. as prescribed in 22.1006e4, insert the following clause: exemption from application of',
36219:'the service contract labor standards to contracts for certain servicesrequirements may 2014 a theservicesunder this contract are offered and sold',
36220:'regularly to nongovernmentalcustomers, and are provided by the contractor to the general public in substantial quantities in the course of',
36221:'normal business operations. b the contract services are furnished at prices that are, or are based on, established catalog or',
36222:'market prices. an established catalog price is a price included in a catalog, price list, schedule, or other form that',
36223:'is regularly maintained by themanufacturer or the contractor, iseither publishedor otherwise available for inspection bycustomers, and statesprices at which sales',
36224:'currently, or werelast, made to a significant numberof buyers constitutingthe general public. an established market price is a current price,',
36225:'established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which canbe substantiated',
36226:'from sources independentof the manufacturer or contractor. c each service employee who will perform the services under the contract will',
36227:'spend only a small portion of his or her time a monthly average of less than 20 percent of the',
36228:'available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the',
36229:'contract period is less than a month servicing the government contract. d the contractor uses the same compensation wage and',
36230:'fringe benefits plan for all service employees performing work under the contract as the contractor uses for these employees and',
36231:'for equivalent employees servicing commercial customers. e 1exceptforservicesidentifiedinfar 22.10034d1iv, the subcontractor for exempt services shall be selected for award based',
36232:'on other factors in addition to price or cost with the combination of other factors at least as important as',
36233:'price or cost; or 2 a subcontract for exempt services shall be awarded on a sole source basis. f the',
36234:'contractor is responsible for compliance with all the conditions of this exemption by its subcontractors. the contractor shall determine in',
36235:'advance, based on the nature of the subcontract requirements and knowledge of the practices of likely subcontractors, that all or',
36236:'nearly all likely subcontractors will meet the conditions in paragraphs a through d of this clause. if the services are',
36237:'currently being performed under a subcontract, the contractor shall consider the practices of the existing subcontractor in making a determination',
36238:'regarding the conditions in paragraphs a through d of this clause. if the contractor has reason to doubt the validity',
36239:'of the certification, the requirements of the service contract labor standards statute shall be included in the subcontract. 52.2244 subpart',
36240:'52.2 text of provisions and clauses 52.22254 g if the department of labor determines that any conditions for exemption at',
36241:'paragraphs a through e of this clause have not been met, the exemption shall be deemed inapplicable, and the contract',
36242:'shall become subject to the service contract labor standards statute. in such case, the procedures in at 29 cfr 4.123e2iii',
36243:'and 29 cfr 4.5c will be followed. h the contractor shall include the substance of this clause, including this paragraph',
36244:'h, in subcontracts for exempt services under this contract. end of clause 52.22254 employment eligibility verification. as prescribed in 22.1803,',
36245:'insert the following clause: employment eligibility verification may 2022 a definitions. as used in this clause commercially available offtheshelf cots',
36246:'item— 1 means any item of supply that is— i a commercial product as defined in paragraph 1 of the',
36247:'definition of “commercial product” at federal acquisition regulationfar 2.101; ii sold in substantial quantities in the commercial marketplace; and iii',
36248:'offered tothe government, without modification, in the same form in which it is sold in the commercial marketplace; and 2',
36249:'does not include bulk cargo, as defined in 46 u.s.c. 401024, such as agricultural products and petroleum products. per 46',
36250:'cfr 525.1 c2, bulk cargo means cargo that is loaded and carried in bulk onboard ship without mark or count,',
36251:'in a loose unpackaged form, having homogenous characteristics. bulk cargo loaded into intermodal equipment, except lash or seabee barges, is',
36252:'subjectto mark and count and, therefore, ceases to be bulk cargo. employee assigned to the contract means an employee who',
36253:'was hired after november 6, 1986 after november 27, 2009 in the commonwealth of the northern mariana islands, who is',
36254:'directly performing work, in the united states, under a contract that is required to include the clause prescribed at 22.1803.',
36255:'an employee is not considered to be directly performing work under a contract if the employee 1 normally performs support',
36256:'work, such as indirect or overhead functions; and 2 does not perform any substantial duties applicable to the contract. subcontract',
36257:'means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of',
36258:'a prime contract or a subcontract. it includes but is not limited to purchase orders, and changes and modifications to',
36259:'purchase orders. subcontractor means any supplier,distributor, vendor,or firm thatfurnishes supplies or servicesto or for a prime contractor or another subcontractor.',
36260:'united states, as defined in 8 u.s.c. 1101a38, means the 50 states, the district of columbia, puerto rico, guam, the',
36261:'commonwealth of thenorthern mariana islands, and the u.s. virgin islands. b enrollment and verification requirements.1if the contractor isnot enrolled asa',
36262:'federal contractorin everify at time of contract award, the contractor shall i enroll. enroll as a federal contractor inthe everifyprogramwithin',
36263:'30 calendar daysof contractaward; ii verify all new employees. within 90 calendar days of enrollment in the everify program,begin to',
36264:'use everify to initiate verification of employment eligibility of allnew hires of thecontractor, who are working in the united states,',
36265:'whether or not assigned to the contract, within 3 business days after the date of hire but see paragraph b3',
36266:'of this section; and iii verify employees assigned to the contract. for each employee assigned to the contract, initiate verification',
36267:'within 90 calendardays after date of enrollment orwithin 30 calendar daysof the employee’s assignment to the contract, whichever date is',
36268:'later but see paragraph b4 of this section. 2 if the contractor is enrolled as afederal contractor in everify at',
36269:'timeof contractaward, the contractor shall use everify to initiate verification of employment eligibility of i all new employees. a enrolled',
36270:'90 calendar days or more. the contractor shall initiate verification of all new hires of thecontractor, who areworking in the',
36271:'unitedstates, whether or notassigned to the contract, within 3 business days after the date of hire but see paragraph b3',
36272:'of this section; or 52.2245 52.22255 federal acquisition regulation b enrolled less than 90 calendar days. within90 calendar days after',
36273:'enrollmentas afederal contractor in everify, the contractorshallinitiate verification of all new hires of the contractor, whoare working in theunited states,',
36274:'whether or not assigned to the contract, within 3 business days after the date of hire but see paragraph b3',
36275:'of this section; or ii employees assigned to the contract. for each employee assigned to the contract, the contractor shall',
36276:'initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract,',
36277:'whichever date is later but see paragraph b4 of this section. 3 if the contractor is an institution of higher',
36278:'education as defined at 20 u.s.c. 1001a; a state or local government or the government of a federally recognized indian',
36279:'tribe; or a surety performing under a takeover agreement entered into with a federal agency pursuant to a performance bond,',
36280:'the contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. the contractor',
36281:'shall follow the applicable verification requirements at b1 orb2 respectively, except that any requirement for verification of new employees applies',
36282:'only to newemployees assigned to the contract. 4 option to verify employment eligibility of all employees. the contractor may elect',
36283:'to verify all existing employees hired after november 6, 1986 after november 27, 2009, in the commonwealth of the northern',
36284:'mariana islands, rather than just those employees assigned to the contract. the contractor shall initiate verification for each existing employee',
36285:'working in the united states who was hired after november 6, 1986 after november 27, 2009, in the commonwealth of',
36286:'the northern mariana islands, within 180 calendar days of ienrollment in the everifyprogram;or iinotificationto everify operations of the contractor’s decision',
36287:'to exercise thisoption, using the contact information provided inthe everifyprogrammemorandum ofunderstanding mou. 5 the contractor shall comply, for the period',
36288:'ofperformance of this contract, with the requirements of theeverify program mou. i the department of homeland security dhs or the',
36289:'social security administration ssa may terminate the contractor’smou and deny access tothe everify system in accordance with the termsof the',
36290:'mou. insuch case, the contractor will bereferred to a suspensionor debarment official. iiduring the periodbetween termination of the mou and',
36291:'a decision by the suspension ordebarment official whether to suspend or debar, the contractor is excused from its obligations underparagraph',
36292:'b ofthis clause. ifthe suspensionor debarment officialdeterminesnot to suspendor debarthe contractor, thenthe contractor must reenroll in e verify. c web',
36293:'site. information onregistration for anduse ofthe everify program can be obtained via the internetat the department of homeland security web',
36294:'site: https://www.everify.gov. d individuals previously verified. the contractor is not required by this clause to perform additional employment verificationusing everify',
36295:'for anyemployee 1 whose employment eligibilitywas previously verified by thecontractor through the everifyprogram; 2 who has been granted and holds',
36296:'an active u.s. government security clearance for access to confidential, secret, or top secret information in accordance with the national',
36297:'industrial security program operating manual; or 3 who has undergonea completed background investigation and been issued credentials pursuant to homeland',
36298:'security presidential directive hspd12, policy for a common identification standard for federal employees and contractors. e subcontracts. the contractor shall',
36299:'include the requirements of this clause, including this paragraph e appropriately modified for identification of the parties, in each subcontract',
36300:'that 1 is for— i services except for commercial services that are part of the purchase of a cots item',
36301:'or an item that would bea cots item,but for minormodifications, performed bythe cots provider, and are normally provided for that',
36302:'cots item; or ii construction; 2 has a value of more than $3,500; and 3 includes work performed in the',
36303:'united states. end of clause 52.22255 minimum wagesfor contractor workers underexecutive order 14026. as prescribed in 22.1906, insert the following',
36304:'clause: 52.2246 subpart 52.2 text of provisions and clauses 52.22255 minimum wages for contractor workers under executive order 14026 jan',
36305:'2022 a definitions. as used in this clause— united states means the 50 states, the district of columbia, puerto rico,',
36306:'the northern mariana islands, american samoa, guam,the u.s. virgin islands, johnston island,wake island, and theoutercontinental shelf as defined inthe outer',
36307:'continental shelf lands act 43 u.s.c. 1331, et seq.. worker – 1 i means any person engaged in performing work',
36308:'on, or in connection with, a contract covered by executive order 14026, and– a whose wages under such contract are',
36309:'governed by the fair labor standards act 29 u.s.c. chapter 8, the servicecontract laborstandards statute 41 u.s.c. chapter 67,or the',
36310:'wagerate requirements constructionstatute 40 u.s.c. chapter 31, subchapter iv; b other thanindividuals employedin a bonafide executive, administrative, or professional capacity,',
36311:'as those terms are defined in 29 cfr part 541; and c regardless of the contractual relationship alleged to exist',
36312:'between the individual and the employer. ii includes workers performing on, or in connection with, the contract whose wages are',
36313:'calculated pursuant to special certificates issued under 29 u.s.c. 214c. iii also includes any person working on, or in connection',
36314:'with, the contract and individually registered in a bona fide apprenticeshipor trainingprogramregisteredwith the department of labor’s employment and training administration,',
36315:'office of apprenticeship,or with a stateapprenticeship agency recognized by theofficeof apprenticeship. 2 i a worker performs on a contract if',
36316:'the worker directly performs the specific services called for by the contract; and ii a worker performs in connection with',
36317:'a contract if the workers work activities are necessary to the performance of a contract but are not the specific',
36318:'services called for by the contract. b executive order minimum wage rate. 1 the contractor shall pay to workers, while',
36319:'performing in the united states, and performing on, or in connection with, this contract, a minimum hourly wage rate of',
36320:'$15.00 per hour beginning january 30, 2022. 2 the contractor shall adjust the minimum wage paid, if necessary, beginning january',
36321:'1, 2023, andannually thereafter, to meet the applicableannual e.o. minimum wage. the administrator of thedepartment oflabor’s wage and hour division',
36322:'the administrator will publish annual determinations in the federal register no later than 90 days before the effective date of',
36323:'thenew e.o. minimum wage rate. the administrator willalso publishthe applicable e.o. minimum wage on https://www.sam.gov or any successor website, and',
36324:'a general notice on all wage determinations issued under the service contractlabor standards statute or the wage rate requirements construction',
36325:'statute, that will provide information on the e.o. minimum wage and how to obtain annual updates. the applicable published e.o.',
36326:'minimum wage is incorporated by reference into this contract. 3 ithecontractormayrequestapriceadjustmentonlyaftertheeffectivedateofthenewannuale.o. minimum wage determination. prices will be adjusted only for',
36327:'increased labor costs including subcontractor labor costs as a result of an increase in the annual e.o. minimum wage, and',
36328:'for associated labor costs including those for subcontractors. associated labor costs shall include increases or decreases that result from changes',
36329:'in social security and unemployment taxes and workers’ compensation insurance, but will not otherwise include any amount for general and',
36330:'administrative costs, overhead, or profit. ii subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to',
36331:'paragraph b2. contractors shall consider any subcontractor requests for such price adjustment. iii the contracting officer will not adjustthe contract',
36332:'price underthis clause for anycosts other than those identified in paragraph b3i of this clause, and will not provide duplicate',
36333:'price adjustments with any price adjustment underclauses implementing the service contract labor standards statute or the wage rate requirementsconstruction statute.',
36334:'4 the contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased',
36335:'costs for which adjustment is provided under this clause. 5 a pay period under this clause may notbe longerthan semimonthly,but',
36336:'may be shorter to complywith any applicable law or other requirement underthiscontract establishing a shorter pay period. workers shall bepaid',
36337:'no laterthan one pay period following the end of the regular pay period in which such wages were earned or',
36338:'accrued. 52.2247 52.22255 federal acquisition regulation 6 the contractor shall pay, unconditionally to each worker, all wages due free and',
36339:'clear without subsequent rebate or kickback. the contractormay make deductions that reduce a worker’s wages below thee.o. minimum wage rate',
36340:'onlyif done in accordance with 29 cfr 23.230, deductions. 7 the contractor shall not discharge any part of its minimum',
36341:'wage obligation under this clauseby furnishing fringe benefits or, with respectto workers whose wages are governed by the service contractlabor',
36342:'standards statute, the cash equivalent thereof. 8 nothing in this clause shall excuse the contractor from compliance with any applicable',
36343:'federal or state prevailing wage law or any applicable law or municipal ordinance or any applicable contract establishing a minimum',
36344:'wage higher than thee.o. 14026 minimum wage. however, wage increases undersuch other laws or municipal ordinances are notsubject to price',
36345:'adjustment under this subpart. 9 the contractor shall pay the e.o. minimum wage rate whenever it is higher than any',
36346:'applicable collective bargainingagreements wage rate. 10 the contractor shall follow the policies and procedures in 29 cfr 23.240b and 23.280',
36347:'for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month',
36348:'in tips. c 1 this clause applies to workers as defined in paragraph a. as provided in that definition– iworkers',
36349:'are covered regardlessof the contractual relationshipalleged to exist between the contractor or subcontractor and the worker; iiworkerswith disabilities whose wages',
36350:'are calculated pursuant to special certificates issued under 29 u.s.c. 214c are covered; and iii workerswho are registered in a',
36351:'bona fide apprenticeship program or training program registered with the department of labor’s employment and training administration, office of apprenticeship,',
36352:'orwith a state apprenticeship agency recognized by theofficeof apprenticeship, arecovered. 2 this clause does not apply to– i fair labor',
36353:'standards act flsacovered individuals performing in connection with contracts covered by the e.o., i.e. those individuals who perform duties necessary',
36354:'to the performance of the contract, but who are not directly engaged in performing the specific work called for by',
36355:'the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection',
36356:'with such contracts; ii individuals exempted from the minimum wage requirements of the flsa under 29 u.s.c. 213a and 214a',
36357:'and b, unless otherwise covered by the service contract labor standards statute, or the wage rate requirements construction statute. these',
36358:'individuals include but are not limited to a learners, apprentices, or messengers whose wages are calculated pursuant to special certificates',
36359:'issued under 29 u.s.c. 214a ; b students whose wages are calculated pursuant to special certificates issued under 29 u.s.c.',
36360:'214b ; and c those employed in a bona fide executive, administrative, or professional capacity 29 u.s.c. 213a1 and 29',
36361:'cfr part 541. d notice. the contractor shall notify all workers performing work on, or in connection with, this contract',
36362:'of the applicable e.o. minimum wage rate under thisclause. with respectto workers coveredby the service contract labor standards statute orthe',
36363:'wage raterequirements construction statute, thecontractor maymeet this requirement by posting, ina prominent andaccessibleplace at the worksite, the applicable wage determinationunder',
36364:'thosestatutes. with respect to workers whose wages are governed by the flsa, the contractor shall post notice, utilizing the poster',
36365:'provided by theadministrator, which can be obtainedat www.dol.gov/agencies/whd/governmentcontracts, in a prominent and accessible place at the worksite. contractors that customarily',
36366:'post notices to workers electronically may post the notice electronically provided theelectronic posting is displayed prominentlyon any web site that',
36367:'is maintained by thecontractor, whether external or internal, and customarily used for notices to workers about terms and conditions of',
36368:'employment. e payroll records. 1 the contractor shall make and maintain records, for three years after completion of the work,',
36369:'containing the following information for each worker: i name, address, and social security number; iithe worker’s occupations orclassifications; iii the',
36370:'rate or rates of wages paid; iv the number of daily and weekly hours worked by each worker; v any',
36371:'deductions made; and vi total wages paid. 52.2248 subpart 52.2 text of provisions and clauses 52.22256 2 the contractor shall',
36372:'make records pursuant to paragraph e1 of this clause available for inspection and transcription by authorized representatives of the administrator.',
36373:'the contractor shall also make suchrecords availableupon request ofthe contracting officer. 3 the contractor shall make a copy of the',
36374:'contract available, as applicable, for inspection or transcription by authorized representatives ofthe administrator. 4 failure to comply with this paragraph',
36375:'e shall be a violation of 29 cfr 23.260 and this contract. upon direction of the administrator or uponthe contracting',
36376:'officers own action, payment shall be withheld until such time as the noncompliance is corrected. 5 nothing inthisclause limits or',
36377:'otherwise modifiesthe contractor’spayroll and recordkeeping obligations, if any, underthe servicecontract laborstandards statute, the wage rate requirements construction statute, the fairlabor',
36378:'standards act, or anyother applicable law. f access. the contractor shall permit authorized representatives of the administrator to conduct investigations,',
36379:'including interviewing workers at the worksite during normal working hours. g withholding. thecontracting officer,upon his or herown action or upon',
36380:'written requestof the administrator, will withhold funds or cause funds to be withheld, from the contractor under this or any',
36381:'other federal contract with the same contractor, sufficient to pay workers the full amount of wagesrequired by this clause. h',
36382:'disputes. department of labor has set forth in 29 cfr 23.510, disputes concerning contractor compliance, the procedures for resolving disputes',
36383:'concerninga contractor’s compliancewith department of labor regulations at 29 cfr part 23. such disputes shall be resolved in accordance with',
36384:'those procedures and not the disputes clause of this contract. these disputes include disputes betweenthe contractor or any of its',
36385:'subcontractors and the contracting agency, the department of labor, orthe workers or their representatives. iantiretaliation. the contractorshallnot discharge or in',
36386:'any other manner discriminateagainst any worker because such worker has filed any complaint or instituted or caused to be instituted',
36387:'any proceeding under or related to compliance with the e.o. or this clause, or has testified or is about to',
36388:'testify in any such proceeding. j subcontractor compliance. the contractor is responsible for subcontractor compliance with the requirements of this',
36389:'clause and may be held liable for unpaid wages due subcontractor workers. k subcontracts. the contractor shall include the substance',
36390:'of this clause, including this paragraph k in all subcontracts, regardless of dollar value,that aresubject to the service contract labor',
36391:'standards statute or the wage rate requirements construction statute, and are to be performed in whole or in part in',
36392:'the united states. end of clause 52.22256 certification regarding trafficking inpersons compliance plan. as prescribed in 22.1705b, insert the following',
36393:'provision: certification regarding trafficking in persons compliance plan oct 2020 a theterm commercially available offtheshelf cots item, is defined in',
36394:'the clause of thissolicitation entitled combating trafficking in persons far clause 52.22250. b the apparent successful offeror shall submit, prior',
36395:'toaward,a certification, as specified in paragraph c of this provision, for the portion if any of the contract that 1',
36396:'is for supplies, otherthan commercially available offtheshelf items,to beacquired outside the united states, or services to be performed outside the',
36397:'united states; and 2 has an estimated value that exceeds $550,000. c the certification shall state that 1 it has',
36398:'implemented a compliance plan to prevent any prohibited activities identified in paragraph b of the clause at 52.22250, combating trafficking',
36399:'in persons,and to monitor, detect,andterminatethe contract with asubcontractor engaging in prohibited activities identified at paragraph b of the clause at',
36400:'52.22250,combating trafficking in persons;and 2 after having conducted due diligence, either ito thebestof the offeror’s knowledge and belief, neither it',
36401:'nor any ofits proposed agents,subcontractors, or their agents is engaged in any such activities; or 52.2249 52.22257 federal acquisition regulation',
36402:'ii if abuses relating to any of the prohibited activities identified in 52.22250b have been found, theofferoror proposed subcontractor has',
36403:'taken the appropriate remedial and referral actions. end of provision 52.22257 [reserved]. 52.22258 [reserved]. 52.22259 [reserved]. 52.22260 [reserved]. 52.22261 [reserved].',
36404:'52.22262 paid sick leave under executive order 13706. as prescribed at 22.2110 , insert the following clause: paid sick leave',
36405:'under executive order 13706 jan 2022 a definitions. as used in this clause in accordance with 29 cfr 13.2child, domestic',
36406:'partner, and domestic violence have the meaning given in 29 cfr 13.2. employee– 1 i means any person engaged in',
36407:'performing work on or in connection with a contract covered by executive order e.o. 13706; and a whose wages under',
36408:'such contract are governed by the service contract labor standards statute 41 u.s.c. chapter 67,the wage raterequirements construction statute 40',
36409:'u.s.c. chapter 31, subchapter iv, or the fair labor standards act 29 u.s.c. chapter 8; b including employees who qualify',
36410:'for an exemption from the fair labor standards acts minimum wage and overtime provisions; c regardless of the contractual relationship',
36411:'alleged to exist between the individual and the employer; and ii includes any person performing work on or in connection',
36412:'with the contract and individually registered in a bona fide apprenticeshipor trainingprogramregisteredwith the department of labors employment and trainingadministration, office',
36413:'of apprenticeship,or with a stateapprenticeship agency recognized by theofficeof apprenticeship. 2 i an employee performs on a contract if the',
36414:'employee directly performs the specific services called for by the contract; and ii an employee performs in connection with a',
36415:'contract if the employees work activities are necessary to the performance of a contract but are not the specific services',
36416:'called for by the contract. individual related by blood or affinity whose close association with the employee is the equivalent',
36417:'of a family relationship has the meaning given in 29 cfr 13.2. multiemployer plan means a plan to which more',
36418:'than one employer is required to contribute and which is maintained pursuant to one or morecollective bargaining agreements between one',
36419:'ormore employee organizations and more than one employer. paid sick leave means compensated absence from employment that is required by',
36420:'e.o. 13706 and 29 cfr part 13. parent, sexual assault, spouse, and stalking have the meaning given in 29 cfr',
36421:'13.2. united states means the 50 states and the district of columbia. b executive order 13706. 1 this contract is',
36422:'subject to e.o. 13706 and the regulations issued by the secretary of labor in 29 cfr part 13 pursuant to',
36423:'the e.o. 2 if this contract is not performed wholly within the united states, this clause only applies with respect',
36424:'to that part of the contract that is performed within the united states. c paid sick leave. the contractor shall',
36425:'1 permit each employee engaged in performing work on or in connection with this contract to earn not less than',
36426:'1 hour of paid sick leave for every 30 hours worked; 52.2250 subpart 52.2 text of provisions and clauses 52.22262',
36427:'2 allow accrual and use of paid sick leave as required by e.o. 13706 and 29 cfr part 13; 3',
36428:'comply with the accrual, use, and other requirements set forth in 29 cfr 13.5 and 13.6, which are incorporated by',
36429:'reference in this contract; 4 provide paid sick leave to all employees when due free and clear and without subsequent',
36430:'deduction except as otherwise provided by 29 cfr 13.24, rebate, or kickback on any account; 5 provide pay and benefits',
36431:'for paid sick leave used no later than one pay period following the end of the regular pay period in',
36432:'which the paid sick leave was taken; and 6 be responsible for the compliance by any subcontractor with the requirements',
36433:'of e.o. 13706, 29 cfr part 13, and this clause. d contractors may fulfill their obligations under e.o. 13706 and',
36434:'29 cfr part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual',
36435:'fund, plan, or program see 29 cfr 13.8. e withholding. the contracting officer will, uponhisor her own action or upon',
36436:'written request of an authorized representative of the department of labor,withholdor cause to be withheldfrom the contractor under this oranyother',
36437:'federalcontract with the samecontractor, so muchof the accrued payments or advances as may be considered necessary to pay employees the',
36438:'full amount owed to compensate for any violation of the requirements of e.o. 13706, 29 cfr part 13, or this',
36439:'clause, including 1 any pay and/or benefits denied or lost by reason of the violation; 2 other actual monetary losses',
36440:'sustained as a direct result of the violation; and 3 liquidated damages. f payment suspension/contract termination/contractor debarment. 1 in the',
36441:'event of a failure to comply with e.o. 13706, 29 cfr part 13, orthis clause, the contracting agencymay, on its',
36442:'own action orafter authorization or by direction of the department of labor and written notification to the contractor take action',
36443:'to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 2 any failure',
36444:'to comply with the requirements of this clause may be grounds for termination for default or cause. 3 a breach',
36445:'of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 cfr 13.52.',
36446:'g the paid sick leave required by e.o. 13706, 29 cfr part 13, and this clause is in addition to',
36447:'the contractors obligations under the service contract labor standards statute and wage rate requirements construction statute, and the contractor may',
36448:'not receive credit toward its prevailing wage or fringe benefit obligations under those acts for any paid sick leave provided',
36449:'in satisfaction of the requirements of e.o. 13706 and 29 cfr part 13. h nothing in e.o. 13706 or 29',
36450:'cfr part 13 shall excuse noncompliance with or supersede any applicable federal or state law, any applicablelawor municipalordinance, or a',
36451:'collectivebargaining agreement requiringgreater paidsick leave or leave rights than those established under e.o. 13706 and 29 cfr part 13. i',
36452:'recordkeeping. 1 the contractor shall make and maintain, for no less than three 3 years from the completion of the',
36453:'work on the contract, records containing the following information for each employee, which the contractor shall make available upon request',
36454:'for inspection, copying, and transcription by authorized representatives of the administrator of the wage and hourdivision of the department of',
36455:'labor: i name, address, and social security number of each employee. ii the employees occupations or classifications. iii the rate',
36456:'or rates of wages paid including all pay and benefits provided. iv the number of daily and weekly hours worked.',
36457:'v any deductions made. vi the total wages paid including all pay and benefits provided each pay period. vii a',
36458:'copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29',
36459:'cfr 13.5a2. viii a copy of employees requests to use paid sick leave,if in writing, or, if notin writing, any',
36460:'other records reflecting such employee requests. ix datesandamountsof paid sick leave taken byemployees unless thecontractors paid time off policy satisfies',
36461:'the requirements of e.o. 13706 and 29 cfr part 13 as described in 29 cfr 13.5f5, leave shall be designated',
36462:'in records as paid sick leave pursuant to e.o. 13706. x a copy of any written responses to employees requests',
36463:'to use paid sick leave, including explanations for any denials of such requests, as required under 29 cfr 13.5d3. 52.2251',
36464:'52.22262 federal acquisition regulation xi any records reflecting the certification and documentation the contractor may require an employee to provide',
36465:'under 29 cfr 13.5e, including copies of any certification or documentation provided by an employee. xii any other records showing',
36466:'any tracking of or calculations related to an employees accrual or use of paid sick leave. xiii the relevant contract.',
36467:'xiv the regular pay and benefits provided to an employee for each use of paid sick leave. xv any financial',
36468:'payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 cfr 13.5b5, to relieve',
36469:'the contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 cfr 13.5b4. 2 iifthecontractorwishestodistinguishbetweenanemployee’scoveredandnoncoveredwork,thecontractor',
36470:'shall keep records or other proof reflecting such distinctions. only if the contractor adequately segregates the employees time will time',
36471:'spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. similarly, only if',
36472:'the contractor adequately segregates the employees time may thecontractor properly refuse an employees request to use paid sick leave on',
36473:'the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use',
36474:'paid sick leave. ii if the contractor estimates covered hours worked by an employee who performs work in connection with',
36475:'contracts covered by the e.o. pursuant to 29 cfr 13.5ai or iii, the contractor shall keep records or other proof',
36476:'of the verifiable information on which such estimates are reasonably based. only if the contractor relies on an estimate that',
36477:'is reasonable and based on verifiable information will an employees time spent in connection with noncovered work be excluded from',
36478:'hours worked counted toward the accrual of paid sick leave. if the contractor estimates the amount of time an employee',
36479:'spends performing in connection with contracts covered by the e.o., the contractor shall permit the employee to use his or',
36480:'her paidsick leave during any work time for the contractor. 3 in the event the contractor isnot obligated bythe servicecontract',
36481:'laborstandards statute, the wage rate requirements construction statute, or the fair labor standards act to keep records of an employees',
36482:'hours worked, such as because the employee is exempt from the fair labor standards acts minimum wage and overtime requirements,',
36483:'and the contractor chooses to use the assumption permitted by 29 cfr 13.5a1iii, the contractor is excused from the requirement',
36484:'in paragraph i1iv of this clause and 29 cfr 13.25a4 to keep records of the employees number of daily and',
36485:'weekly hours worked. 4 i records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes',
36486:'of e.o. 13706,whetherof an employee or an employees child, parent, spouse, domestic partner, or other individual relatedby blood or affinity',
36487:'whose close association with the employee isthe equivalentof afamilyrelationship, shall be maintained as confidential records in separate files/records from the',
36488:'usual personnel files. ii if the confidentiality requirements of the genetic information nondiscrimination act of 2008 gina, section 503 of',
36489:'the rehabilitation act of 1973, and/or the americans with disabilities act ada apply to records or documents created to comply',
36490:'with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the',
36491:'confidentiality requirements of the gina, section 503 of the rehabilitation act of 1973, and/or ada as described in 29 cfr',
36492:'1635.9, 41 cfr 60741.23d, and 29 cfr 1630.14c1, respectively. iii the contractor shall not disclose any documentation used to verify',
36493:'the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 cfr',
36494:'13.5c1iv as described in 29 cfr 13.5e1ii and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless',
36495:'the employee consents or when disclosure is required bylaw. 5 the contractor shall permit authorized representatives of the wage andhourdivision',
36496:'to conduct interviews with employees at the worksite during normal working hours. 6 nothing inthiscontract clause limitsor otherwise modifies the',
36497:'contractors recordkeeping obligations, ifany, under theservice contract labor standards statute, the wage rate requirements construction statute, the fair labor standards',
36498:'act, the family and medical leave act,e.o. 14026, their respectiveimplementing regulations, orany otherapplicable law. j interference/discrimination. 1 the contractor shall',
36499:'not in any manner interfere with an employees accrual or use of paid sick leave as required by e.o. 13706',
36500:'or 29 cfr part 13. interference includes, but is not limited to i miscalculating the amount of paid sick leave',
36501:'an employee has accrued; ii denying or unreasonably delaying a response to a proper request to use paid sick leave;',
36502:'iii discouraging an employee from using paid sick leave; iv reducing an employees accrued paid sick leave by more than',
36503:'the amount of such leave used; 52.2252 subpart 52.2 text of provisions and clauses 52.22262 v transferring anemployee towork on',
36504:'contracts not covered by the e.o. to prevent the accrual or useof paid sick leave; vi disclosing confidential information contained',
36505:'in certification or other documentation provided to verify the need to use paid sick leave; or vii making the use',
36506:'of paid sick leave contingent on the employees finding a replacement worker or the fulfillment of the contractors operational needs.',
36507:'2 the contractor shall not discharge or inany othermanner discriminate against any employee for– i using, or attempting to use,',
36508:'paid sick leave as provided for under e.o. 13706 and 29 cfr part 13; ii filing any complaint, initiating any',
36509:'proceeding, or otherwise asserting any right or claim under e.o. 13706 and 29 cfr part 13; iii cooperating in any',
36510:'investigation or testifying in any proceeding under e.o. 13706 and 29 cfr part 13; or iv informing any other person',
36511:'about his or her rights under e.o. 13706 and 29 cfr part 13. k notice. the contractor shall notify all',
36512:'employees performing work on or in connection with a contract covered by the e.o. of the paid sick leave requirements',
36513:'of e.o. 13706, 29 cfr part 13, and this clause by posting a notice provided by the department of labor',
36514:'in a prominent and accessible place at the worksite so it may be readily seen by employees. contractors that customarilypost',
36515:'notices to employees electronically may postthe notice electronically, provided such electronicposting is displayed prominently on any websitethat is maintained by',
36516:'the contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment. l',
36517:'disputes concerning labor standards. disputes related to the application of e.o. 13706 to this contract shall not be subject to',
36518:'the general disputes clause of the contract. such disputes shall be resolved in accordance with the procedures of the department',
36519:'of labor set forth in 29 cfr part 13. disputes within the meaning of this contract clause include disputes between',
36520:'the contractororany of its subcontractorsandthe contracting agency, the department of labor, or the employees or their representatives. m subcontracts. the',
36521:'contractor shall insert the substance of this clause, including this paragraph m, in all subcontracts, regardless of dollar value,that aresubject',
36522:'to the service contract labor standards statute or the wage rate requirements construction statute, and are to be performed in',
36523:'whole or in part in the united states. end of clause 52.2253 this page intentionally left blank. 52.2254 subpart 52.2',
36524:'text of provisions and clauses 52.2233 52.223[reserved] 52.2231biobased product certification. as prescribed in 23.109c1, insert the following provision: biobased product',
36525:'certification may 2024 as required by the farm security and rural investment act of 2002 7 u.s.c. 81014and the energy',
36526:'policyact of 2005 7 u.s.c. 8102a2f, the offeror certifies,by signing this offer,that biobased products within categories of products listed by',
36527:'the united states department of agriculture in 7 cfr part 3201, subpart b to be used or delivered in theperformance',
36528:'of the contract,other thanbiobased products that are not purchased by the offeror as a direct result of this contract, will',
36529:'comply with the applicable specifications or other contractual requirements. end of provision 52.2232reporting of biobased products under service and construction',
36530:'contracts. as prescribed in 23.109c2, insert the following clause: reporting of biobased products under service and construction contracts may 2024',
36531:'a definitions. as used in this clause— biobased product means a product determined by the u.s. department of agriculture usda',
36532:'to be a commercial product or industrial product other than food or feed that is composed, in whole or in',
36533:'significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate ingredient or',
36534:'feedstock. the term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the market share',
36535:'the product holds, the age of the product, or whether the market for the product is new or emerging. 7',
36536:'u.s.c. 8101 7 cfr 3201.2. usdadesignated product category means a generic grouping of products that are or can be made',
36537:'with biobased materials — 1 that are listed by usda in a procurement guideline 7 cfr part 3201, subpart b;',
36538:'and 2 for which usda has provided purchasing recommendations available at https://www.biopreferred.gov . b the contractor shall report to https://www.sam.gov,',
36539:'with a copyto the contractingofficer, on the producttypes and dollar value of any biobased products in usdadesignated product categories purchased',
36540:'by the contractor during the previous government fiscal year, betweenoctober1 and september 30; and c submit this report no later',
36541:'than— 1 october 31 of each year during contract performance; and 2 at the end of contract performance. end of',
36542:'clause 52.2233 hazardous material identification and material safety data. as prescribed in 23.304a1, insert the following clause: hazardous material identification',
36543:'and material safety data feb 2021 a hazardous material, as used in this clause, includes any material defined as hazardous',
36544:'under the latest version of federal standard no.313 including revisions adopted during the term of the contract. b the offeror',
36545:'must list any hazardous material, as definedin paragraph a of this clause, tobe deliveredunder this contract. the hazardous material shall',
36546:'be properly identified and include any applicable identification number, such as nationalstock number or special item number. this information shall',
36547:'also be included on the material safetydata sheet submitted under this contract. material if none, insert none identification no. 52.2255',
36548:'52.2234 federal acquisition regulation c this list must be updated during performance of the contract whenever the contractor determines that',
36549:'any other material to be delivered under this contract is hazardous. d the apparentlysuccessfulofferor agreesto submit, for each item asrequired',
36550:'priorto award, a materialsafety data sheet, meeting the requirements of 29 cfr 1910.1200g and the latest version of federal standard',
36551:'no.313, for all hazardous material identified in paragraph b of this clause. data shall be submitted in accordance with federal',
36552:'standard no.313, whether or notthe apparently successful offeror is the actual manufacturer of these items. failure to submit the material',
36553:'safetydatasheet prior toaward may result in the apparently successful offerorbeing considered nonresponsible and ineligible for award. e if, after award,',
36554:'there is a change in the composition of the items or a revision to federal standard no.313, which renders incomplete',
36555:'or inaccurate the data submitted under paragraph d of this clause, the contractor shall promptly notify thecontracting officer and resubmit',
36556:'the data. f neither the requirements of this clause nor any act or failure to act by the government shall',
36557:'relieve the contractor of any responsibility orliability for thesafety of government, contractor, or subcontractor personnelor property. g nothing contained in',
36558:'this clause shall relieve the contractor from complying with applicable federal, state, and local laws, codes, ordinances, and regulations including',
36559:'the obtaining of licenses and permits in connection with hazardous material. h the government’s rightsin datafurnished under thiscontract with respect',
36560:'to hazardous material are asfollows: 1 to use, duplicate and disclose any data to which this clauseis applicable. the purposes',
36561:'of this right areto i apprise personnel of the hazards to which they may be exposed in using, handling, packaging,',
36562:'transporting, or disposing of hazardous materials; iiobtain medical treatment for those affected by the material; and iii have others use,',
36563:'duplicate, and disclose the data for the government for these purposes. 2 to use, duplicate, and disclose datafurnished under thisclause,',
36564:'in accordance withparagraph h1of this clause, in precedence over any other clause of this contract providing for rights in data.',
36565:'3 the government is not precluded from using similar or identical data acquired from other sources. end of clause alternate',
36566:'i july 1995. as prescribed in 23.304a2, add the following paragraph i to the basic clause: iexcept asprovidedin paragraph i2,',
36567:'the contractorshallprepare and submita sufficient number ofmaterial safety data sheets msdss, meeting the requirements of 29 cfr 1910.1200g and the',
36568:'latest version of federal standard no.313, for all hazardous materials identified in paragraph b of this clause. 1 for items',
36569:'shipped to consignees, the contractor shall include a copy of the msdss with the packing list or other suitable shippingdocument',
36570:'which accompanies each shipment. alternatively, the contractoris permitted to transmit msdss to consignees in advance of receipt ofshipments by consignees,',
36571:'if authorized in writing by the contractingofficer. 2 for items shipped to consignees identified by mailing address as agency depots,',
36572:'distribution centers or customer supply centers, the contractor shall provide one copy of themsdss in oron each shipping container. if',
36573:'affixed tothe outside of eachcontainer,the msdss must be placed in a weather resistant envelope. 52.2234recovered material certification. as prescribed in',
36574:'23.109b1, insert the following provision: recovered material certification may 2008 as required by the resource conservation and recovery act of',
36575:'1976 42 u.s.c. 6962c3ai, the offeror certifies, by signing this offer, thatthe percentage ofrecoveredmaterials content for epadesignated itemsto bedelivered or',
36576:'used in the 52.2256 subpart 52.2 text of provisions and clauses 52.2237 performance of the contract will be at least',
36577:'the amount required by the applicable contract specifications or other contractual requirements. end of provision 52.2235pollution prevention and righttoknow information.',
36578:'as prescribed in 23.406a, insert the following clause: pollution prevention and righttoknow information may 2024 a definitions. as used in',
36579:'this clause toxic chemical means a chemical or chemical category listed in 40 cfr 372.65. b federalfacilities are required to',
36580:'complywith the provisions of theemergency planning and communityrightto know act of 1986 epcra 42 u.s.c. 1100111050, andthe pollution prevention act',
36581:'of 1990ppa 42 u.s.c. 1310113109. c the contractor shall provide all information needed by the federal facility to comply with',
36582:'the following: 1 the emergency planning reporting requirementsof section 302 of epcra. 2 the emergency notice requirements of section 304',
36583:'of epcra. 3 the list of material safety data sheets, required bysection 311 of epcra. 4 the emergency and hazardous',
36584:'chemical inventory formsof section 312 of epcra. 5 the toxic chemical release inventory of section 313 of epcra, which includes',
36585:'the reduction and recycling information required by section 6607 of ppa. end of clause 52.2236 [reserved] 52.2237 notice of radioactive',
36586:'materials. as prescribed in 23.304b, insert the following clause: notice of radioactive materials jan 1997 a thecontractor shall notify the',
36587:'contractingofficer or designee, in writing, days prior to the delivery of, or prior to completion of any servicing required by',
36588:'this contract of, items containing either 1 radioactive material requiring specific licensing underthe regulations issued pursuantto theatomic energy act of1954,',
36589:'as amended, as set forth in title 10of the code of federal regulations, in effect onthe dateof this contract,or 2',
36590:'other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or',
36591:'the activity per item equals or exceeds 0.01 microcuries. such notice shall specify the part or parts of the items',
36592:'which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the',
36593:'materials, and any other information known to the contractor which will put users of the items on notice as to',
36594:'the hazards involved omb no.90000107. the contracting officer shall insert thenumber of daysrequired in advance of delivery of theitem or',
36595:'completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary',
36596:'safety and health precautions. b if therehas been nochange affecting the quantity of activity,or the characteristics and compositionof the radioactive',
36597:'material from deliveriesunder this contract or prior contracts, thecontractor mayrequest that the contracting officer or designee waive the notice requirement',
36598:'in paragraph a of this clause. any such request shall 1 be submitted in writing; 2 state that the quantity',
36599:'of activity, characteristics,and composition of the radioactive material have not changed; and 3 citethe contract number on whichthe prior notification',
36600:'was submitted and the contracting office to which it was submitted. c all items, parts, or subassemblies which contain radioactive',
36601:'materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds',
36602:'0.01 microcuries, and all containers in which such items, 52.2257 52.2238 federal acquisition regulation parts or subassemblies are delivered to',
36603:'the government shall be clearly marked and labeled as required by the latest revision of milstd 129 in effect on',
36604:'the date of the contract. d this clause, including this paragraph d, shall be inserted in all subcontracts for radioactive',
36605:'materials meeting the criteria in paragraph a of this clause. end of clause 52.2238 [reserved] 52.2239estimate of percentage ofrecovered material',
36606:'contentfor epadesignated items. as prescribed in 23.109b2, insert the following clause: estimate of percentage of recovered material content for epadesignated',
36607:'items may 2008 a definitions. as used in this clause postconsumer materialmeans a material or finished product that has served',
36608:'its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. postconsumer',
36609:'material isa partof the broader category of recovered material. recovered material means waste materials and byproducts recovered or diverted from',
36610:'solid waste, but the term does not include those materials and byproducts generated from, and commonly reused within, an original',
36611:'manufacturing process. b the contractor, on completion of thiscontract, shall 1 estimate thepercentage of thetotal recovered materialcontent for epadesignated items',
36612:'delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and 2 submit this estimate',
36613:'to [contracting officer complete in accordance with agency procedures]. end of clause alternate i may 2008. as prescribed in 23.109b2,',
36614:'redesignate paragraph b of the basic clause as paragraph c and add the following paragraph b to the basic clause:',
36615:'b the contractor shall execute the following certification required by the resource conservation and recovery act of 1976 42 u.s.c.',
36616:'6962i2c: certification i, name of certifier, am an officer oremployee responsible for theperformance of this contract and herebycertifythat thepercentage of',
36617:'recovered material content for epadesignateditems met the applicablecontract specifications or other contractual requirements. [signature of the officer or employee] [typed',
36618:'name of the officer or employee] [title] [name of company, firm, or organization] [date] end of certification 52.22310 wastereduction program.',
36619:'as prescribed in 23.406c, insert the following clause: waste reduction program may 2024 52.2258 subpart 52.2 text of provisions and',
36620:'clauses 52.22312 a definitions. as used in this clause recycling means the series of activities, including collection, separation, and processing,',
36621:'by which products or other materials are recovered from the solid waste stream for use in the form of raw',
36622:'materials in the manufacture of products other than fuel for producing heat or power by combustion. waste prevention means any',
36623:'change in the design, manufacturing, purchase, or use of materials or products including packaging to reduce their amount or toxicity',
36624:'before they are discarded. waste prevention also refers to the reuse of products or materials. waste reduction means preventing or',
36625:'decreasing the amount of waste being generated through waste prevention, recycling, or purchasing recycled and environmentally preferable products. b consistent',
36626:'with the requirements of section 207 of executive order 14057, the contractor shall establish a program to promote costeffective wastereduction',
36627:'in all operations and facilities coveredby this contract. the contractor’s programs shall comply with applicable federal, state, and local requirements,',
36628:'specifically including section 6002 of the resource conservation and recovery act 42 u.s.c.6962, etseq. and implementing regulations 40 cfr part',
36629:'247. end of clause 52.22311ozonedepleting substances and high globalwarming potential hydrofluorocarbons. as prescribed in 23.109d1, insert the following clause: ozonedepleting',
36630:'substances and high global warming potential hydrofluorocarbons may 2024 a definitions. as used in this clause– global warming potential means',
36631:'how much a given mass of a chemical contributes to global warming over a given time period compared to the',
36632:'same mass of carbon dioxide. carbon dioxide’s global warming potential is defined as 1.0. high global warming potential hydrofluorocarbons means',
36633:'any hydrofluorocarbons in a particular end use for which epa’s significant new alternatives policy snap program hasidentified other acceptable alternatives',
36634:'that have lower global warming potential. the snap list of alternatives is found at 40 cfr part 82, subpart g,',
36635:'with supplemental tables of alternatives available at https://www.epa.gov/snap/. hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon. ozonedepleting substance,',
36636:'means any substance the environmental protection agency designates in 40 cfr part 82 as– 1 class i, including, but not',
36637:'limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or 2 class ii, including, but not limited to, hydrochlorofluorocarbons. b',
36638:'the contractor shall label products that contain or are manufactured with ozonedepleting substances in the manner and to the extent',
36639:'required by 42 u.s.c. 7671j b, c, d, and e and 40 cfr part 82, subpart e, as follows: warning:',
36640:'containsormanufactured with, if applicable , a substances which harms public health and environment by destroying ozone in the upper atmosphere.',
36641:'the contractor shall insert the name of the substances. c thecontractor shall refer to epas snap program to identify alternatives.',
36642:'thesnap list of alternatives is found at 40 cfr part 82, subpart g, with supplemental tables available at https://www.epa.gov/snap/. end',
36643:'of clause 52.22312 maintenance, service, repair, or disposal of refrigeration equipment and air conditioners. as prescribed in 23.109d2, insert the',
36644:'following clause: maintenance, service, repair, or disposal of refrigeration equipment and air conditioners may 2024 a definitions. as used in',
36645:'this clause– global warming potential means how much a given mass of a chemical contributes to global warming over a',
36646:'given time period compared to the same mass of carbon dioxide. carbon dioxide’s global warming potential is defined as 1.0.',
36647:'high global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which epa’s significant new alternatives policy',
36648:'snap program hasidentified other acceptable alternatives that have lower 52.2259 52.22313 federal acquisition regulation global warming potential. the snap list',
36649:'of alternatives is found at 40 cfr part 82 subpart g with supplemental tables of alternatives available at https://www.epa.gov/snap/. hydrofluorocarbons',
36650:'means compounds that only contain hydrogen, fluorine, and carbon. b the contractor shall comply with the applicable requirements of sections608',
36651:'and 609 of the clean air act 42 u.s.c. 7671g and 7671h as each or both apply to this contract.',
36652:'c unless otherwise specified in the contract, the contractor shall reduce the use, release, or emissions of high global warming',
36653:'potential hydrofluorocarbons under this contract by– 1 transitioningover time to the use of another acceptablealternativein lieu of high global warmingpotential',
36654:'hydrofluorocarbons ina particular end use for which epa’s snap program has identifiedotheracceptable alternatives that have lower global warming potential; 2',
36655:'preventing and repairing refrigerant leaks through service and maintenance during contract performance; 3 implementing recovery,recycling, and responsible disposal programs that',
36656:'avoidrelease oremissions during equipment service and as the equipment reaches the end of its useful life; and 4 using reclaimed',
36657:'hydrofluorocarbons to service and repair refrigeration and air conditioning equipment, where feasible. d the contractor shall refer to epa’s snapprogramto',
36658:'identify alternatives. the snap listof alternatives isfound at40 cfr part 82 subpart g with supplemental tables available at https://www.epa.gov/snap/. end',
36659:'of clause 52.22313 [reserved] 52.22314 [reserved] 52.22315 [reserved] 52.22316 [reserved] 52.22317 [reserved] 52.22318 [reserved] 52.22319 compliancewith environmental management systems. as',
36660:'prescribed in 23.406b, insert the following clause: compliance with environmental management systems may 2011 the contractor’s work under thiscontract shall',
36661:'conform with all operational controls identified in the applicable agency or facility environmental management systems and provide monitoring and measurement',
36662:'information necessary for the government to address environmental performance relative to the goals of the environmental management systems. end of',
36663:'clause 52.22320 aerosols. as prescribed in 23.109d3, insert the following clause: aerosols may 2024 a definitions. as used in this',
36664:'clause– global warming potential means how much a given mass of a chemical contributes to global warming over a given',
36665:'time period compared to the same mass of carbon dioxide. carbon dioxide’s global warming potential is defined as 1.0. high',
36666:'global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which epa’s significant new alternatives policy snap',
36667:'program hasidentified other acceptable alternatives that have lower 52.2260 subpart 52.2 text of provisions and clauses 52.22322 global warming potential.',
36668:'the snap list of alternatives is found at 40 cfr part 82 subpart g with supplemental tables of alternatives available',
36669:'at https://www.epa.gov/snap/. hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon. b unless otherwise specified in the contract, the',
36670:'contractor shall reduce its use, release, or emissions of high global warming potential hydrofluorocarbons, when feasible, from aerosol propellants or',
36671:'solvents under this contract. when determining feasibility of using a particular alternative, the contractor shall consider environmental, technical, and economic',
36672:'factors such as– 1 inuse emission rates, energyefficiency; 2 safety, suchas flammability or toxicity; 3 ability to meet technical performance',
36673:'requirements; and 4 commercial availability at a reasonable cost. c thecontractor shall refer to epas snap program to identify alternatives.',
36674:'thesnap list of alternatives is found at 40 cfr part 82 subpart g with supplemental tables available at https://www.epa.gov/snap/. end',
36675:'of clause 52.22321 foams. as prescribed in 23.109d4, insert the following clause: foams may 2024 a definitions. as used in',
36676:'this clause– global warming potential means how much a given mass of a chemical contributes to global warming over a',
36677:'given time period compared to the same mass of carbon dioxide. carbon dioxide’s global warming potential is defined as 1.0.',
36678:'high global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which epa’s significant new alternatives policy',
36679:'snap program hasidentified other acceptable alternatives that have lower global warming potential. the snap list of alternatives is found at',
36680:'40 cfr part 82 subpart g with supplemental tables of alternatives available at https://www.epa.gov/snap/. hydrofluorocarbons means compounds that only contain',
36681:'hydrogen, fluorine, and carbon. b unless otherwise specified in the contract, the contractor shall reduce its use, release, and emissions',
36682:'of high global warming potential hydrofluorocarbons and refrigerant blends containing hydrofluorocarbons, when feasible, from foam blowing agents, under this contract.',
36683:'when determining feasibility of using a particular alternative, the contractor shall consider environmental, technical, and economic factors such as– 1',
36684:'inuse emission rates, energyefficiency, and safety; 2 ability to meet performance requirements; and 3 commercial availability at a reasonable cost.',
36685:'c thecontractor shall refer to epa’s snap program to identify alternatives. thesnap list of alternatives is found at 40 cfr',
36686:'part 82 subpart g with supplemental tables available at https://www.epa.gov/snap/. end of clause 52.22322 publicdisclosure of greenhouse gasemissions and reduction',
36687:'goalsrepresentation. as prescribed in 23.502, insert the following provision: public disclosure of greenhouse gas emissions and reduction goalsrepresentation dec 2016',
36688:'a this representationshallbe completed if theofferor received $7.5 million ormore in federal contract awards inthe prior federal fiscal year. the',
36689:'representation isoptional if the offeror received less than $7.5million in federal contract awards in the priorfederal fiscal year. b representation.',
36690:'[offeror is to check applicable blocks in paragraphs 1 and 2.] 1 the offeror itself orthroughits immediate owner or highestlevel',
36691:'owner □ does, □ does not publicly disclose greenhouse gas emissions, i.e., makeavailableon apublicly accessible website the results of a',
36692:'greenhouse gas inventory, 52.2261 52.22323 federal acquisition regulation performed in accordance with an accounting standard with publicly available and consistently',
36693:'applied criteria, such as the greenhouse gas protocol corporate standard. 2 the offeror itself orthroughits immediate owner or highestlevel owner',
36694:'□ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e.,makeavailable on apublicly available website a',
36695:'target toreduce absolute emissions or emissions intensity by a specific quantity or percentage. 3 a publicly accessible website includes the',
36696:'offeror’s own website or a recognized, thirdpartygreenhouse gas emissions reporting program. c if the offeror checked does in paragraphs b1',
36697:'or b2of this provision, respectively, the offeror shall providethe publicly accessible websites where greenhouse gas emissions and/or reduction goals are',
36698:'reported:. end of provision 52.22323 sustainable products andservices. as prescribed in 23.109a, insert the following clause: sustainable products and services',
36699:'may 2024 a definitions. as used in this clause— biobased product means a product determined by the u.s. department of',
36700:'agriculture usda to be a commercial product or industrial product other than food or feed that is composed, in whole',
36701:'or in significant part, of biological products, including renewable domestic agricultural materials and forestry materials, or that is an intermediate',
36702:'ingredient or feedstock. the term includes, with respect to forestry materials, forest products that meet biobased content requirements, notwithstanding the',
36703:'market share the product holds, the age of the product, or whether the market for the product is new or',
36704:'emerging. 7 u.s.c. 8101 7 cfr 3201.2. recovered material means waste materials and byproducts recovered or diverted from solid waste,',
36705:'but the term does not include those materials and byproducts generated from, and commonly reused within, an original manufacturing process.',
36706:'42 u.s.c. 6903. sustainable products and services means products and services that are subject to and meet the following applicable',
36707:'statutory mandates and directives for purchasing: 1 statutory purchasing programs. iproducts containing recovered material designated by the u.s. environmentalprotectionagency epa',
36708:'under the comprehensive procurement guidelines 42 u.s.c. 6962 40 cfr part 247 https://www.epa.gov/smm/comprehensiveprocurement guidelinecpgprogramproducts. iienergyand waterefficient products thatare energystar® certified',
36709:'or federal energy management program fempdesignated products 42 u.s.c. 8259b 10 cfr part 436, subpart c https://www.energy.gov/eere/femp/ searchenergyefficientproducts and https://www.energystar.gov/products?s=mega.',
36710:'iii biobased products meeting the content requirement of the usda under the biopreferred® program 7 u.s.c. 8102 7 cfr part',
36711:'3201 https://www.biopreferred.gov. iv acceptable chemicals,products, and manufacturingprocesses listedunder epas significant new alternatives policy snap program, which ensures a safe and',
36712:'smooth transition away from substances that contribute to the depletion of stratospheric ozone 42 u.s.c. 7671l 40 cfr part 82,',
36713:'subpart g https://www.epa.gov/snap. 2 required epa purchasing programs. iwatersense® labeledwater efficient products and services https://www.epa.gov/watersense/watersenseproducts. ii safer choicecertified products products',
36714:'that contain safer chemical ingredients https://www.epa.gov/ saferchoice/products. iii productand servicesthat meet epa recommendations of specifications, standards, and ecolabelsin effect as',
36715:'of october 2023 https://www.epa.gov/greenerproducts/recommendationsspecificationsstandardsandecolabelsfederalpurchasing. b requirements. 1 the sustainable products and services, including the purchasing program and type of product',
36716:'or service, that are applicable to this contract, and any products or services that are not subject to this clause,',
36717:'will be set forth in the statement of work or elsewhere in the contract. 52.2262 subpart 52.2 text of provisions',
36718:'and clauses 52.22323 2 the contractor shall ensure that the sustainable products and services required by this contract are— i',
36719:'delivered to the government; ii furnished for use by the government; iii incorporated into the construction of a public building',
36720:'or public work; and iv furnished for use in performing services under this contract, where the cost of the products',
36721:'is a direct cost to this contract versus costs which are normally applied to the contractors general and administrative expenses',
36722:'or indirect costs. this includes services performed by contractors performing management and operation of governmentowned facilities to the same extent',
36723:'that, at the time of award, an agency would be required to comply if an agency operated or supported the',
36724:'facility. 3 i except as provided in paragraph b3ii of this clause, sustainable products and services must meet the applicable',
36725:'standards, specifications, orother program requirements at time ofquote or offer submission;and iisustainable products and services mustmeet theepa recommendationsof specifications, standards,',
36726:'and ecolabels in effect as of october 2023. c resource. the green procurement compilation gpc available at https://sftool.gov/greenprocurement provides a',
36727:'comprehensive list of sustainable products and services and sustainable acquisition guidance. the contractor should review the gpc when determining which',
36728:'purchasing programs apply to a specific product or service. end of clause 52.2263 this page intentionally left blank. 52.2264 subpart',
36729:'52.2 text of provisions and clauses 52.2243 52.224[reserved] 52.2241 privacy act notification. as prescribed in 24.104, insert the following clause',
36730:'in solicitations and contracts, when the design, development, or operation of a system of records on individuals is required to',
36731:'accomplish an agency function: privacy act notification apr 1984 the contractor will be required to design, develop, or operate a',
36732:'system of records on individuals, to accomplish an agency function subject to the privacy act of1974, public law93579, december 31,1974',
36733:'5 u.s.c. 552a and applicable agency regulations. violation of the act may involve the imposition of criminal penalties. end of',
36734:'clause 52.2242 privacy act. as prescribed in 24.104, insert the following clause in solicitations and contracts, when the design, development,',
36735:'or operation of a system of records on individuals is required to accomplish an agency function: privacy act apr 1984',
36736:'a the contractor agrees to 1 comply with the privacy act of1974 the act and the agency rules and regulations',
36737:'issued under the act in the design, development, or operation of any system of records on individuals to accomplish an',
36738:'agency function when the contract specifically identifies i the systems of records; and ii the design, development, or operation work',
36739:'that the contractor is to perform; 2 include the privacy act notification contained in this contract in every solicitation and',
36740:'resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the',
36741:'redesign, development, or operation of a system of records on individuals that is subject to the act; and 3 include',
36742:'this clause, including this paragraph 3, in all subcontracts awarded under this contract which requires the design, development, or operation',
36743:'of such a system of records. b in the event of violations of the act, a civil action may be',
36744:'brought against the agency involved when the violation concerns the design, development, or operation of a system of records on',
36745:'individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency',
36746:'whenthe violation concernsthe operation of a system of records on individuals to accomplish an agency function. for purposes of the',
36747:'act, when the contract is for the operation of a system of records on individuals to accomplish an agency function,',
36748:'the contractor is considered to be an employeeof the agency. c 1 operation of a system of records, as used',
36749:'in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection,',
36750:'use, and dissemination of records. 2 record, as used in this clause, means any item, collection, or grouping of information',
36751:'about an individual that is maintained by anagency, including, but not limited to, education,financial transactions, medical history,andcriminal or employment history',
36752:'and that contains the person’s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such',
36753:'as a fingerprint or voiceprint or a photograph. 3 system of records on individuals, as used in this clause, means',
36754:'a group of any records under the control of any agency from which information is retrievedby the name ofthe individualor',
36755:'by someidentifying number, symbol, orother identifying particular assigned to the individual. end of clause 52.2243privacy training. as prescribed in 24.302,',
36756:'insert the following clause: privacy training jan 2017 52.2265 52.2243 federal acquisition regulation a definition. as used in this clause,',
36757:'personally identifiable information means information that can be used to distinguish or trace anindividuals identity, either alone orwhen combined with',
36758:'other informationthat islinked or linkable to a specific individual. see office of managementand budget omb circulara130, managing federal information as',
36759:'a strategic resource. b the contractor shall ensure that initial privacy training, and annual privacy training thereafter, is completed by',
36760:'contractor employees who 1 have access to a system of records; 2 create, collect, use, process, store, maintain, disseminate, disclose,',
36761:'dispose, or otherwise handle personally identifiable information on behalf of an agency; or 3 design, develop, maintain, or operate asystemof',
36762:'records seealsofar subpart 24.3 and 39.105. c 1 privacy training shall address the key elements necessary for ensuring the safeguarding',
36763:'of personally identifiable information or a system of records. the training shall be rolebased, provide foundational as well as more',
36764:'advanced levels of training, and have measures in place to test the knowledge level of users. at a minimum, the',
36765:'privacy training shall cover i the provisions of the privacy act of 1974 5 u.s.c. 552a, including penalties for violations',
36766:'of the act; ii the appropriate handling and safeguarding of personally identifiable information; iii the authorized and official useof asystem',
36767:'of records or any other personally identifiableinformation; iv the restriction on the use of unauthorized equipment to create, collect, use,',
36768:'process, store, maintain, disseminate, disclose, dispose or otherwise access personally identifiable information; v the prohibition against the unauthorized use of',
36769:'a system of records or unauthorized disclosure, access, handling, or use of personally identifiable information; and vi the procedures to',
36770:'be followed in the event of a suspected or confirmed breach of a system of records or the unauthorized disclosure,',
36771:'access, handling, or use of personally identifiable information see omb guidance for preparing for and responding to a breach of',
36772:'personally identifiable information. 2 completion of an agencydeveloped or agencyconducted training course shall be deemed to satisfy these elements. d',
36773:'the contractor shall maintain and, upon request, provide documentation of completion of privacy training to the contracting officer. e the',
36774:'contractor shall not allow any employee access to a system of records, or permit any employee to create, collect, use,',
36775:'process, store, maintain, disseminate, disclose, dispose or otherwise handle personally identifiable information, or to design, develop, maintain, or operate a',
36776:'system of records unless the employee has completed privacy training, as required by this clause. f the substance of this',
36777:'clause, including this paragraph f, shall be included in all subcontracts under this contract, when subcontractor employees will 1 have',
36778:'access to a system of records; 2 create, collect, use, process, store, maintain, disseminate, disclose, dispose, or otherwise handle personally',
36779:'identifiable information; or 3 design, develop, maintain, or operate a system of records. end of clause alternate i jan 2017.',
36780:'as prescribed in 24.302b, if the agency specifies that only its agencyprovided training is acceptable, substitute the following paragraph c',
36781:'for paragraph c of the basic clause: c thecontracting agency will provide initial privacy training, and annual privacy training thereafter,',
36782:'tocontractor employees for the duration of this contract. 52.2266 subpart 52.2 text of provisions and clauses 52.2251 52.225[reserved] 52.2251 buy',
36783:'americansupplies as prescribed in 25.1101a1, insert the following clause: buy americansupplies oct 2022 a definitions. as used in this clause—',
36784:'commercially available offtheshelf cots item— 1 means any item of supply including construction material that is– i a commercial product',
36785:'as defined in paragraph 1 of the definition of “commercial product” at federal acquisition regulationfar 2.101; ii sold in substantial',
36786:'quantities in the commercial marketplace; and iii offered tothe government, under a contract or subcontract at any tier, without modification,',
36787:'in the same form in which it is sold in the commercial marketplace; and 2 does not include bulk cargo,',
36788:'as defined in 46 u.s.c. 401024, such as agricultural products and petroleum products. component means an article, material, or supply',
36789:'incorporated directly into an end product. cost of components means— 1 for components purchased bythe contractor, the acquisition cost, including',
36790:'transportation coststo the place of incorporation into the end product whether or not such costs are paid to a domestic',
36791:'firm, and any applicable duty whether or not a dutyfree entry certificate is issued; or 2 for components manufactured bythe',
36792:'contractor, all costs associatedwith the manufacture of the component, including transportation costs as described in paragraph 1 of this definition,',
36793:'plus allocable overhead costs, but excluding profit. cost of components does not include any costs associated with the manufacture of',
36794:'the end product. critical component means a component that is mined, produced, or manufactured in the united states and deemed',
36795:'critical to the u.s. supply chain. the list of critical components is at far 25.105 . domestic end product means—',
36796:'1 for an end product that does not consist wholly or predominantly of iron or steel or a combination of',
36797:'both i an unmanufactured end product mined or produced in the united states; ii an end product manufactured in the',
36798:'united states, if a the cost of its components mined, produced, or manufactured in the united states exceeds 60 percent',
36799:'of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar',
36800:'years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. components of foreign origin of',
36801:'the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient andreasonably',
36802:'available commercial quantities of a satisfactory quality are treated as domestic. components of unknown origin are treated as foreign. scrap',
36803:'generated, collected, and prepared for processing in the united states is considered domestic; or b the end product is a',
36804:'cots item; or 2 for an end product that consists wholly or predominantly of iron or steel or a combination',
36805:'of both, an end product manufactured in the united states, if the cost of foreign iron and steel constitutes less',
36806:'than 5 percent of the cost of all the components used in the end product. the cost of foreign iron',
36807:'and steel includes but is not limited to the cost of foreign iron or steelmill products such asbar, billet, slab,wire,',
36808:'plate, or sheet, castings, or forgings utilizedin themanufacture of the end product and a good faith estimate of the cost',
36809:'of all foreign iron or steel components excluding cots fasteners. iron or steel components of unknown origin are treated as',
36810:'foreign. if the end product contains multiple components, the cost of all the materials used in such end product is',
36811:'calculated in accordance with the definition of cost of components. end product means those articles, materials, and supplies to be',
36812:'acquired under the contract for public use. fastener means a hardware device that mechanically joins or affixestwo ormore objects together.',
36813:'examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws. foreign end product means an end product other',
36814:'than a domestic end product. foreign iron and steel means iron or steel products not produced in the united states.',
36815:'produced in the united states means that all manufacturing processes of the iron or steel must take place in the',
36816:'united states, from the initial melting stage through theapplication of coatings,exceptmetallurgical processes involving refinement of steeladditives. the origin of the',
36817:'elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign. 52.2267',
36818:'52.2252 federal acquisition regulation predominantly of iron or steel or a combination of both means that the cost of the',
36819:'iron and steel content exceeds 50 percent of the total cost of all its components. the cost of iron and',
36820:'steel is the cost of the iron or steel mill products such as bar, billet, slab, wire, plate, or sheet,',
36821:'castings,or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or',
36822:'steel components excluding cots fasteners. steel means an alloy that includes at least 50 percent iron, between 0.02 and 2',
36823:'percent carbon, and may include other elements. united states means the 50 states, the district of columbia, and outlying areas.',
36824:'b 41 u.s.c. chapter 83, buy american, provides a preference for domestic end products for supplies acquired for use in',
36825:'the united states. in accordance with 41 u.s.c. 1907, the domestic content test of the buy american statute is waived',
36826:'for an end product that is a cots item see 12.505a1, except that for an end product that consists wholly',
36827:'or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the',
36828:'iron and steel content of the end product, excluding cots fasteners. c offerors may obtain from the contracting officer a',
36829:'list of foreignarticlesthat thecontracting officer will treat as domestic for this contract. d the contractor shall deliver only domestic end',
36830:'products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled',
36831:'buy american certificate. end of clause alternate i oct 2022. as prescribed in 25.1101 a1ii substitute the following sentence for',
36832:'the first sentence of paragraph 1iia of the definition of “domestic end product” in paragraph a: a the cost of',
36833:'its components mined, produced, or manufactured in the united states exceeds percent of the cost of all its components. [',
36834:'contracting officer to insert the percentage. ] 52.2252 buy american certificate. as prescribed in 25.1101a2, insert the following provision: buy',
36835:'american certificate oct 2022 a 1theofferorcertifiesthateachendproduct,exceptthoselistedinparagraphbofthisprovision,isadomesticend product and that each domestic end product listed in paragraph c of this provision',
36836:'contains a critical component. 2 the offeror shall list as foreign endproducts those end productsmanufactured inthe unitedstates that do not',
36837:'qualify as domestic end products. for those foreign end products that do not consist wholly or predominantly of iron or',
36838:'steel or a combination of both, theofferor shall alsoindicate whether theseforeign end products exceed55 percent domestic content, except for those',
36839:'that are cots items. if the percentage of the domestic content is unknown, select “no”. 3 the offeror shall separatelylist',
36840:'theline item numbersof domestic end products that contain a critical component see far 25.105. 4 the terms “commercially available offtheshelf',
36841:'cots item,” “critical component,” domestic end product, end product, and foreign end product are defined in the clause of this',
36842:'solicitation entitled buy americansupplies. b foreign end products: line item no. country of origin exceeds 55% domestic content yes/no b',
36843:'[list as necessary] c domestic end products containing a critical component: line item no. [list as necessary] 52.2268 subpart 52.2',
36844:'text of provisions and clauses 52.2253 d the government will evaluate offers in accordance with the policies and procedures of',
36845:'part 25 of the federal acquisition regulation. end of provision 52.2253buy americanfree trade agreementsisraeli trade act. as prescribed in 25.1101',
36846:'b1i, insert the following clause: buy americanfree trade agreementsisraeli trade act nov 2023 a definitions. as used in this clause—',
36847:'bahraini, moroccan, omani, panamanian, or peruvian end product means an article that— 1 is wholly the growth, product, or manufacture',
36848:'of bahrain, morocco, oman, panama, or peru; or 2 in the case of anarticle that consists in whole or in',
36849:'part of materials from another country, has been substantially transformed in bahrain, morocco, oman,panama, or peru into anew and different',
36850:'article of commerce with a name, character, oruse distinct from thatof the article or articles from which it wastransformed. the',
36851:'term refers to a product offered for purchaseunder a supply contract,but for purposes of calculating the value of the end',
36852:'productincludes services except transportation services incidental to the article, provided that the value of those incidental services does not exceed',
36853:'that of the article itself. commercially available offtheshelf cots item— 1 means any item of supply including construction material that',
36854:'is i a commercial product as defined in paragraph 1 of the definition of “commercial product” at federal acquisition regulationfar',
36855:'2.101; ii sold in substantial quantities in the commercial marketplace; and iii offered tothe government, under a contract or subcontract',
36856:'at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and 2',
36857:'does not include bulk cargo, as defined in 46 u.s.c. 401024, such as agricultural products and petroleum products. component means',
36858:'an article, material, or supply incorporated directly into an end product. cost of components means— 1 for components purchased bythe',
36859:'contractor, the acquisition cost, including transportation coststo the place of incorporation into the end product whether or not such costs',
36860:'are paid to a domestic firm, and any applicable duty whether or not a dutyfree entry certificate is issued; or',
36861:'2 for components manufactured bythe contractor, all costs associatedwith the manufacture of the component, including transportation costs as described in',
36862:'paragraph 1 of this definition, plus allocable overhead costs, but excluding profit. cost of components does not include any costs',
36863:'associated with the manufacture of the end product. critical component means a component that is mined, produced, or manufactured in',
36864:'the united states and deemed critical to the u.s. supply chain. the list of critical components is at far 25.105.',
36865:'domestic end product means— 1 for an end product that does not consist wholly or predominantly of iron or steel',
36866:'or a combination of both– i an unmanufactured end product mined or produced in the united states; ii an end',
36867:'product manufactured in the united states, if— a the cost of its components mined, produced, or manufactured in the united',
36868:'states exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for',
36869:'items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. components',
36870:'of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or',
36871:'manufactured in sufficient andreasonably available commercial quantities of a satisfactory quality are treated as domestic. components of unknown origin are',
36872:'treated as foreign. scrap generated, collected, and prepared for processing in the united states is considered domestic; or b the',
36873:'end product is a cots item; or 2 for an end product that consists wholly or predominantly of iron or',
36874:'steel or a combination of both, an end product manufactured in the united states, if the cost of foreign iron',
36875:'and steel constitutes less than 5 percent of the cost of all the components used in the end product. the',
36876:'cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steelmill products',
36877:'such asbar, billet, slab,wire, plate, or sheet, castings, or forgings utilizedin themanufacture of the 52.2269 52.2253 federal acquisition regulation end',
36878:'product and a good faith estimate of the cost of all foreign iron or steel components excluding cots fasteners. iron',
36879:'or steel components of unknown origin are treated as foreign. if the end product contains multiple components, the cost of',
36880:'all the materials used in such end product is calculated in accordance with the definition of cost of components. end',
36881:'product means those articles, materials, and supplies to be acquired under the contract for public use. fastener means a hardware',
36882:'device that mechanically joins or affixestwo ormore objects together. examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and',
36883:'screws. foreign end product means an end product other than a domestic end product. foreign iron and steel means iron',
36884:'or steel products not produced in the united states. produced in the united states means that all manufacturing processes of',
36885:'the iron or steel must take place in the united states, from the initial melting stage through theapplication of coatings,exceptmetallurgical',
36886:'processes involving refinement of steeladditives. the origin of the elements of the iron or steel is not relevant to the',
36887:'determination of whether it is domestic or foreign. free trade agreement country means australia, bahrain, chile, colombia, costa rica,dominican republic,',
36888:'el salvador, guatemala, honduras, korea republic of, mexico, morocco, nicaragua, oman, panama, peru, or singapore. free trade agreement country end',
36889:'product means an article that 1 is wholly the growth, product,or manufactureof afree trade agreement country; or 2 in the',
36890:'case of anarticle that consists in whole or in part of materials from another country, has been substantially transformed in',
36891:'afree trade agreement country intoa new and different articleof commerce with a name, character, or use distinct from that ofthe',
36892:'articleor articles fromwhich it was transformed. theterm refers to aproduct offeredforpurchase under a supply contract, but for purposes of calculating',
36893:'the value of the end product includes services except transportation services incidental to the article, provided that the value of',
36894:'those incidental services does not exceed that of the article itself. israeli end product means an article that— 1 is',
36895:'wholly the growth, product, or manufacture of israel; or 2 in the case of anarticle that consists in whole or',
36896:'in part of materials from another country, has been substantially transformed in israelinto anew and different article of commerce with',
36897:'a name, character, or use distinct from that ofthe article or articles from which it was transformed. predominantly of iron',
36898:'or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent',
36899:'of the total cost of all its components. the cost of iron and steel is the cost of the iron',
36900:'or steel mill products such as bar, billet, slab, wire, plate, or sheet, castings,or forgings utilized in the manufacture of',
36901:'the product and a good faith estimate of the cost of iron or steel components excluding cots fasteners. steel means',
36902:'an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.',
36903:'united states means the 50 states, the district of columbia, and outlying areas. b components of foreign origin. offerors may',
36904:'obtain from the contracting officer alist of foreignarticlesthat the contracting officerwill treat asdomestic for this contract. c delivery of end',
36905:'products. 41 u.s.c. chapter 83, buy american statute, provides a preference for domestic end products for supplies acquired for use',
36906:'in the united states. in accordance with 41 u.s.c. 1907, the domestic content test of the buy american statute is',
36907:'waived for an end product that is a cots item see 12.505a1, except that for an end product that consists',
36908:'wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to',
36909:'the iron and steel content of the end product, excluding cots fasteners. unless otherwise specified, these trade agreements apply to',
36910:'all items in the schedule. the contractor shall deliver under this contract only domestic end products except to theextent that,',
36911:'in its offer, it specified delivery of foreign end products inthe provisionentitled buyamericanfree trade agreementsisraeli trade act certificate. if the',
36912:'contractor specified in its offerthat the contractorwouldsupplya free trade agreement country end product other than a bahraini, moroccan, omani, panamanian,',
36913:'or peruvian end product or anisraeli end product, thenthe contractor shall supply a free trade agreement country end product other',
36914:'thana bahraini, moroccan, omani,panamanian, or peruvian end product, anisraeli end productor, at the contractor’s option, a domestic end product. end',
36915:'of clause alternate i [reserved] alternate ii dec 2022. as prescribed in 25.1101 b1ii, substitute the following paragraph c for',
36916:'paragraph c of the basic clause: 52.2270 subpart 52.2 text of provisions and clauses 52.2254 c delivery of end products.',
36917:'41 u.s.c. chapter 83 provides a preference for domestic end products for supplies acquired for use in the united states.',
36918:'in accordance with 41 u.s.c. 1907, the domestic content test of the buy american statute is waived for an end',
36919:'product that is a cots item see 12.505a1, except that for an end product that consists wholly or predominantly of',
36920:'iron or steel or a combination of both, the domestic content test is applied only to the iron and steel',
36921:'content of the end product, excluding cots fasteners. inaddition, thecontracting officer has determined that the israeli trade act applies to',
36922:'this acquisition. unless otherwise specified, this trade agreement applies to all items in the schedule. the contractor shall deliver under',
36923:'this contract only domesticendproducts except to the extentthat, inits offer,itspecified delivery of foreign end products inthe provisionentitled “buyamerican—free trade agreements—israeli',
36924:'trade act.” if the contractor specified in its offer that the contractor would supply an israeliendproduct, then the contractor shall',
36925:'supply an israeli end product or, at the contractorsoption, a domestic end product. alternate iii feb 2024. as prescribed in',
36926:'25.1101 b1iii, delete the definition of bahraini, moroccan, omani, panamanian, or peruvian end product and add in its place the',
36927:'following definition of korean end product in paragraph a of the basic clause; and substitute the following paragraph c for',
36928:'paragraph c of the basic clause: korean end product means an article that— 1 is wholly the growth, product, or',
36929:'manufacture of korea republic of; or 2 in the case of anarticle that consists in whole or in part of',
36930:'materials from another country, has been substantially transformed in korea republic of intoa new and different article of commerce with',
36931:'a name,character, or use distinct from that of the article or articles from which it was transformed. the term refers',
36932:'to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end',
36933:'product includes services except transportation services incidental to the article, provided that the value of those incidental services does not',
36934:'exceed that of the article itself. c delivery of end products. 41 u.s.c. chapter 83 provides a preference for domestic',
36935:'end products for supplies acquired for use in the united states. in accordance with 41 u.s.c.1907, the domestic content test',
36936:'of the buy american statute is waived for an end product that is a cots item see 12.505a1, except that',
36937:'for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic',
36938:'content test is applied only to the iron and steel content of the end product, excluding cots fasteners. inaddition, thecontracting',
36939:'officer has determined that the korearepublic of ftaand the israeli trade act apply to this acquisition. unless otherwise specified, these',
36940:'trade agreements apply to all items in the schedule. the contractor shall deliver under this contract only domestic end products',
36941:'except to the extent that, in its offer, it specified deliveryof foreign end products inthe provisionentitled “buy american—free trade agreements—',
36942:'israeli trade act certificate.” if the contractor specified in its offerthat thecontractor wouldsupplya korean end product or an israeliendproduct, then',
36943:'the contractor shall supply a korean end product, an israeli end product, orat the contractor’s option, a domestic end product.',
36944:'alternate iv oct 2022. as prescribed in 25.1101 b1iv substitute the following sentence for the first sentence of paragraph 1iia',
36945:'of the definition of domestic end product in paragraph a: a the cost of its components mined, produced, or manufactured',
36946:'in the united states exceeds percent of the cost of all its components. [ contracting officer to insert the percentage.',
36947:'] 52.2254buy americanfree trade agreementsisraeli trade actcertificate. as prescribed in 25.1101 b2i, insert the following provision: buy americanfree trade agreementsisraeli',
36948:'trade act certificate nov 2023 a 1theofferorcertifiesthateachendproduct,exceptthoselistedinparagraphborc1ofthisprovision,is a domestic end product and that each domestic end product listed in paragraph',
36949:'c2 of this provision contains a critical component. 2 the terms bahraini, moroccan,omani, panamanian, orperuvian endproduct, commercially available off theshelf',
36950:'cots item, criticalcomponent, domesticendproduct, end product, foreign end product, free trade agreement country, free trade agreement country end product, israeli',
36951:'end product, and united states are defined in theclause ofthis solicitation entitled buy americanfree trade agreementsisraeli trade act. b the',
36952:'offeror certifies that the following supplies are free trade agreementcountry end productsother than bahraini, moroccan, omani, panamanian, or peruvian end',
36953:'products or israeli end products as defined in the clause of this solicitation entitled buy americanfree trade agreementsisraelitradeact: 52.2271 52.2254',
36954:'federal acquisition regulation free trade agreement country end products other than bahraini, moroccan, omani, panamanian, or peruvian end products or',
36955:'israeli end products: line item no. country of origin [list as necessary] c 1 theofferor shall list those suppliesthat areforeign',
36956:'end productsother than those listed in paragraph b of this provision asdefined inthe clause of this solicitation entitled buy americanfree',
36957:'trade agreementsisraeli trade act. the offeror shall list as other foreign end products those end products manufactured inthe united states',
36958:'thatdo not qualify as domestic end products. for those foreign end products that do not consist wholly or predominantly of',
36959:'iron or steel or a combination of both, theofferor shall alsoindicate whether theseforeign end products exceed55 percent domestic content, except',
36960:'for those that are cots items. if the percentage of the domestic content is unknown, select “no”. other foreign end',
36961:'products: line item no. countryof origin exceeds 55% domesticcontent yes/no [list as necessary] 2 the offeror shall list the line',
36962:'item numbers ofdomestic end products that contain a criticalcomponent see far 25.105. line item no. [list as necessary] d the',
36963:'government will evaluate offers in accordance with the policies and procedures of part 25 of the federal acquisition regulation. end',
36964:'of provision alternate i [reserved] alternate ii dec 2022. as prescribed in 25.1101 b2ii, substitute the following paragraph b for',
36965:'paragraph b of the basic provision: b the offeror certifies that the following supplies areisraeli end products as defined in',
36966:'the clauseof this solicitation entitled “buy american—free trade agreements—israelitradeact—balance of payments program”: israeli end products: line item no. [list as',
36967:'necessary] alternate iii feb 2024. as prescribed in 25.1101 b2iii, substitute the following paragraph b for paragraph b of the',
36968:'basic provision: 52.2272 subpart 52.2 text of provisions and clauses 52.2255 b the offeror certifies that the following supplies are',
36969:'korean end products or israeli end productsas defined in the clause of this solicitation entitled “buy american—free trade agreements—israeli trade',
36970:'act”: korean end products or israeli end products: line item no. country of origin [list as necessary] 52.2255 trade agreements.',
36971:'as prescribed in 25.1101c1, insert the following clause: trade agreements nov 2023 a definitions. as used in this clause caribbean',
36972:'basin country end product— 1 means an article that i a is wholly the growth, product, or manufacture of a',
36973:'caribbean basin country; or b in the case of an article thatconsists inwhole or in part of materials from another',
36974:'country, has been substantially transformed in a caribbean basincountry into a new anddifferent article of commerce witha name, character, or',
36975:'use distinct from that of the article or articles from which it was transformed; and ii is not excluded from',
36976:'dutyfree treatment for caribbean countries under 19 u.s.c.2703b. a for this reason, the following articles are not caribbean basin country',
36977:'end products: 1 tuna, prepared or preserved in any manner inairtight containers; 2 petroleum, or any product derived from petroleum;',
36978:'3 watches and watch parts including cases, bracelets, and straps of whatever type including, but not limited to, mechanical, quartz',
36979:'digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country',
36980:'to which the harmonized tariff schedule of theunited stateshtsus column2 rates of duty apply i.e., afghanistan, cuba, laos, north korea,',
36981:'and vietnam; and 4 certain of thefollowing: textiles andapparel articles; footwear,handbags, luggage, flat goods,work gloves, and leather wearing apparel; or',
36982:'handloomed, handmade, and folklore articles; b access to the htsus to determine dutyfree status of articles of these types is',
36983:'available at https://usitc.gov/ tata/hts/index.htm. in particular, see the following: 1 general note3c, products eligibleforspecial tariff treatment. 2 general note17, products',
36984:'of countries designated as beneficiary countries under the united states caribbean basin trade partnershipactof 2000. 3 section xxii, chapter 98,',
36985:'subchapter ii, articles exported and returned, advanced or improved abroad, u.s. note7b. 4 sectionxxii, chapter 98, subchapter xx, goods eligibleforspecial',
36986:'tariff benefits underthe united statescaribbeanbasin trade partnership act; and 2 refers to aproduct offeredforpurchase under asupplycontract, but for purposes of',
36987:'calculatingthe value of the acquisition, includes services except transportation services incidental to the article, provided that the value of those',
36988:'incidental services does not exceed that of the article itself. designated country means any of the following countries: 1 a',
36989:'world trade organization government procurement agreement wtogpa countryarmenia, aruba, australia, austria, belgium, bulgaria, canada, croatia, cyprus, czech republic, denmark, estonia,',
36990:'finland, france, germany, greece,hongkong, hungary, iceland, ireland, israel, italy,japan, korea republic of, latvia, liechtenstein, lithuania, luxembourg, malta, moldova, montenegro, netherlands,',
36991:'new zealand, north macedonia, norway, poland, portugal, romania, singapore, slovakrepublic, slovenia, spain, sweden, switzerland, taiwan known in the world trade',
36992:'52.2273 52.2256 federal acquisition regulation organization as the separate customs territory of taiwan, penghu, kinmen and matsu chinese taipei, ukraine,',
36993:'or united kingdom; 2 a free trade agreementftacountry australia, bahrain, chile, colombia, costa rica, dominicanrepublic, el salvador, guatemala, honduras, korea',
36994:'republic of, mexico, morocco, nicaragua, oman, panama, peru, or singapore; 3 a least developed country afghanistan, angola, bangladesh, benin, bhutan,',
36995:'burkina faso, burundi, cambodia, central african republic, chad, comoros, democratic republic of congo, djibouti, equatorial guinea, eritrea, ethiopia, gambia, guinea,',
36996:'guineabissau, haiti, kiribati, laos, lesotho, liberia, madagascar, malawi, mali, mauritania, mozambique, nepal,niger, rwanda, samoa, sao tome and principe, senegal,sierra leone,',
36997:'solomon islands, somalia, south sudan, tanzania, timorleste, togo,tuvalu, uganda, vanuatu, yemen, or zambia; or 4 a caribbean basin country antiguaandbarbuda,',
36998:'aruba, bahamas, barbados, belize, bonaire, british virgin islands, curacao, dominica,grenada, guyana, haiti, jamaica,montserrat,saba, st. kitts and nevis, st. lucia, st.',
36999:'vincent and the grenadines,sinteustatius, sint maarten, ortrinidad and tobago. designated country end product means awto gpa countryend product, an fta',
37000:'country end product, a least developed country end product, or a caribbean basin country end product. end product means those',
37001:'articles, materials, and supplies to be acquired under the contract for public use. free trade agreement country end product means',
37002:'an article that 1 is wholly the growth, product,or manufactureof afree trade agreement fta country; or 2 in the case',
37003:'of anarticle that consists in whole or in part of materials from another country, has been substantially transformed in an',
37004:'fta country into a new and different article ofcommerce with aname, character,or use distinctfrom that of the article or articles',
37005:'from which it was transformed. the term refers toa productoffered for purchase undera supply contract, but for purposes of calculating',
37006:'the value of the end product includes services except transportation services incidental to the article, provided that the value of',
37007:'those incidental services does not exceed that of the article itself. least developed country end product means an article that',
37008:'1 is wholly the growth, product, or manufacture of a least developed country; or 2 in the case of anarticle',
37009:'that consists in whole or in part of materials from another country, has been substantially transformed in aleast developed country',
37010:'into a new and different article ofcommerce with aname,character, or use distinct from that of the article or articles from',
37011:'which it was transformed. the term refers to a product offered for purchase under a supply contract, but for purposes',
37012:'of calculating the value of the end product, includes services except transportation services incidental to the article, provided that the',
37013:'value of those incidental services does not exceed that of the article itself. united states means the 50 states, the',
37014:'district of columbia, and outlying areas. u.s.made end product means an article that is mined, produced, or manufactured in the',
37015:'united states or that is substantially transformed in the united states into a newand differentarticle of commerce with a name,',
37016:'character,or use distinct from that of the article or articles from which it was transformed. wto gpa country end product',
37017:'means an article that 1 is wholly the growth, product,or manufactureof awtogpa country; or 2 in the case of anarticle',
37018:'that consists in whole or in part of materials from another country, has been substantially transformed in awtogpa country into',
37019:'a new and different article of commercewith a name, character, oruse distinct from that of the article or articles from',
37020:'which it was transformed. the term refers to a product offered for purchase under a supply contract, but for purposes',
37021:'of calculating the value of the end product includes services, except transportation services incidental to the article, provided that the',
37022:'value of those incidental services does not exceed that of the article itself. b delivery of end products. the contracting',
37023:'officer has determined thatthe wto gpa and ftas apply to this acquisition. unless otherwise specified, these trade agreements apply to',
37024:'all items in the schedule. the contractor shall deliver underthiscontract only u.s.made ordesignated country end products except to theextent that,',
37025:'in its offer, it specified delivery of other end products in the provision entitled trade agreements certificate. end of clause',
37026:'52.2256tradeagreements certificate. as prescribed in 25.1101c2, insert the following provision: trade agreements certificate feb 2021 52.2274 subpart 52.2 text of',
37027:'provisions and clauses 52.2258 a theofferor certifies thateach end product, except thoselistedin paragraph b of this provision,is a u.s.made or',
37028:'designated country end product, asdefined inthe clause of this solicitation entitled trade agreements. b the offeror shall list asotherendproducts those',
37029:'suppliesthat arenot u.s.made or designated country end products. other end products: line item no. country of origin [list as necessary]',
37030:'cthegovernmentwillevaluateoffersinaccordancewiththepoliciesandproceduresof part 25 of the federal acquisition regulation. for lineitemscovered by thewtogpa, the government will evaluate offers of u.s.made or',
37031:'designated country end products without regard to the restrictions of the buy american statute. the government will consider for award',
37032:'only offers of u.s.made or designated country end products unless thecontracting officer determines that there are no offers for suchproducts',
37033:'or that theoffers for those products are insufficient to fulfill therequirements of this solicitation. end of provision 52.2257waiver ofbuy american',
37034:'statutefor civilaircraft and related articles. as prescribed in 25.1101d, insert the following provision: waiver of buy american statute for civil',
37035:'aircraft and related articles feb 2016 a definition. civil aircraft and related articles, as used in this provision, means 1',
37036:'all aircraft other than aircraft to be purchased for use by the department of defense or the u.s. coast guard;',
37037:'2 the engines and parts and components for incorporation into the engines of these aircraft; 3 any other parts, components,',
37038:'and subassemblies for incorporation into the aircraft; and 4 any ground flight simulators, and parts and components of these simulators,',
37039:'for use with respect to the aircraft, whether to be usedas originalor replacement equipment in themanufacture, repair,maintenance, rebuilding, modification, or',
37040:'conversion of the aircraft, and without regard to whether the aircraft or articles receive dutyfree treatment under section 601a2of the',
37041:'trade agreements act. b the u.s. trade representative haswaived the buy american statute for acquisitions of civil aircraft and related',
37042:'articles from countries that are partiesto theagreement on trade in civil aircraft. those countries are albania, austria, belgium, bulgaria, canada,',
37043:'croatia,cyprus, czechrepublic, denmark, egypt, estonia, finland, france, georgia, germany, greece, hungary, ireland,italy, japan, latvia, lithuania, luxembourg, macao china, malta, montenegro,',
37044:'the netherlands, norway, poland, portugal,romania, slovakia, slovenia, spain, sweden, switzerland, taiwan chinese taipei, and the united kingdom. c for the',
37045:'purpose of this waiver, anarticle isa productof acountry only if 1 it is wholly the growth, product, or manufacture of',
37046:'that country; or 2 in the case of anarticle that consists in whole or in part of materials from another',
37047:'country, it has been substantially transformed intoa new and different articleof commerce with a name, character, or use distinct fromthat',
37048:'of the article or articles from which it was transformed. d the waiver is subjectto modification orwithdrawal by theu.s. traderepresentative.',
37049:'end of provision 52.2258dutyfree entry. as prescribed in 25.1101e, insert the following clause: dutyfree entry oct 2010 52.2275 52.2258 federal',
37050:'acquisition regulation a definition. customs territory of the united states means the states, the district of columbia, and puerto rico.',
37051:'b except as otherwise approved bythe contracting officer, thecontractor shall not includein thecontract priceany amount for duties onsupplies specificallyidentified in',
37052:'the schedule to be accorded dutyfree entry. c except as provided in paragraph d of this clause or elsewhere in',
37053:'this contract, the following procedures apply to supplies not identified in the schedule to be accorded dutyfree entry: 1 the',
37054:'contractor shall notify the contracting officer inwriting of any purchase of foreignsupplies including, without limitation, raw materials, components, and intermediate',
37055:'assemblies in excess of $15,000 that are to be imported into the customs territory of the united states for delivery',
37056:'to the government under this contract, either as end products or for incorporationinto end products. the contractorshallfurnish the notice tothe',
37057:'contracting officerat least 20 calendardays before the importation. the notice shall identify the i foreign supplies; ii estimated amount of',
37058:'duty; and iii country of origin. 2 the contracting officer will determine whether any of these suppliesshouldbe accorded dutyfree entry',
37059:'and will notify the contractor within 10 calendardays after receiptof the contractor’s notification. 3 except as otherwise approved bythe contracting',
37060:'officer, thecontract priceshallbe reduced byorthe allowable cost shall not include the amount of duty that would be payable if the',
37061:'supplies were not entered dutyfree. d the contractor is not required to provide the notification under paragraph c of this',
37062:'clause for purchases of foreign supplies if 1 the supplies are identical in nature to items purchased by the contractor',
37063:'or any subcontractor in connection with its commercial business; and 2 segregation of these supplies to ensure use only on',
37064:'government contracts containing dutyfree entry provisions is not economical or feasible. e the contractor shall claim dutyfree entry only for',
37065:'supplies to be delivered to the government under this contract, either as end products or incorporated into end products, and',
37066:'shall pay duty on supplies, or any portion of them, other than scrap, salvage, or competitivesale authorized by thecontracting officer,diverted',
37067:'to nongovernmental use. f the government will execute any required dutyfree entry certificates for supplies to be accorded dutyfree entry',
37068:'and will assist the contractor in obtaining dutyfree entry for these supplies. g shipping documents for supplies to be accorded',
37069:'dutyfree entry shall consign the shipments to the contracting agency in care of the contractor and shall include the 1',
37070:'delivery address of thecontractor or contractingagency, if appropriate; 2 government prime contract number; 3 identification of carrier; 4 notation united',
37071:'states government, [agency] , dutyfree entry to be claimed pursuant to item nos [from tariff schedules] , harmonized tariff schedules',
37072:'of the united states. upon arrival of shipment at port of entry,district director of customs,please release shipment under 19 cfr',
37073:'part 142 and notify [cognizant contract administration office] for execution of customs forms7501 and 7501a and any required dutyfree entry',
37074:'certificates. ; 5 gross weight in pounds if freight is based on space tonnage, state cubic feet in addition to',
37075:'gross shipping weight; and 6 estimated value in united states dollars. h the contractor shall instruct the foreign supplier to',
37076:'1 consign the shipment as specified in paragraph g of this clause; 2 mark all packages with thewords united states',
37077:'government and the titleof the contractingagency; and 3 include with the shipment at least two copies of the bill of',
37078:'lading or other shipping document for use by the districtdirector of customs at theportof entry. ithe contractorshallprovide written noticeto the',
37079:'cognizant contract administrationoffice immediately after notificationby the contracting officer that dutyfree entry willbe accorded foreignsupplies or, for dutyfree supplies identified',
37080:'in the schedule, upon awardby the contractor tothe overseassupplier. the notice shall identify the 1 foreign supplies; 2 country of',
37081:'origin; 3 contract number; and 4 scheduled delivery dates. j the contractor shall include the substance of this clause in',
37082:'any subcontract if52.2 276 subpart 52.2 text of provisions and clauses 52.2259 1 supplies identified in the schedule to be',
37083:'accorded dutyfree entry will be imported into the customs territory of the united states; or 2 other foreign supplies in',
37084:'excess of $15,000 may be imported into the customs territory of the united states. end of clause 52.2259 buy americanconstruction',
37085:'materials. as prescribed in 25.1102a, insert the following clause: buy americanconstruction materials oct 2022 a definitions. as used in this',
37086:'clause— commercially available offtheshelf cots item— 1 means any item of supply including construction material that is– i a commercial',
37087:'product as defined in paragraph 1 of the definition of “commercial product” at federal acquisition regulationfar 2.101; ii sold in',
37088:'substantial quantities in the commercial marketplace; and iii offered tothe government, under a contract or subcontract at any tier, without',
37089:'modification, in the same form in which it is sold in the commercial marketplace; and 2 does not include bulk',
37090:'cargo, as defined in 46 u.s.c. 401024, such as agricultural products and petroleum products. construction material means an article, material,',
37091:'or supply brought to the construction site by the contractor or a subcontractor for incorporation into the building or work.',
37092:'the term also includes an item brought to the site preassembled from articles, materials, orsupplies. however, emergency life safety systems,',
37093:'such as emergency lighting,fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work',
37094:'and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or',
37095:'how the individual parts or components of those systems are delivered to the construction site. materials purchased directly by the',
37096:'government are supplies, not construction material. cost of components means— 1 for components purchased bythe contractor, the acquisition cost, including',
37097:'transportation coststo the place of incorporation into the construction material whether or not such costs are paid to a domestic',
37098:'firm, and any applicable duty whether or not a dutyfree entry certificate is issued; or 2 for components manufactured bythe',
37099:'contractor, all costs associatedwith the manufacture of the component, including transportation costs as described in paragraph 1 of this definition,',
37100:'plus allocable overhead costs, but excluding profit. cost of components does not include any costs associated with the manufacture of',
37101:'the construction material. critical component means a component that is mined, produced, or manufactured in the united states and deemed',
37102:'critical to the u.s. supply chain. the list of critical components is at far 25.105. critical item means a domestic',
37103:'construction material or domestic end product that is deemed critical to u.s. supply chain resiliency. the list of criticalitems is',
37104:'at far 25.105. domestic construction material means— 1 for construction material that does not consist wholly or predominantly of iron',
37105:'or steel or a combination of both i an unmanufactured construction material mined or produced in the united states; or',
37106:'ii a construction material manufactured in the united states, if– a the cost of its components mined, produced, or manufactured',
37107:'in the united states exceeds 60 percent of the cost of all its components, except that the percentage will be',
37108:'65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar',
37109:'year 2029. components of foreign origin of the same class or kind for which nonavailability determinations have been made are',
37110:'treated as domestic. components of unknown origin are treated as foreign; or b the construction material is a cots item;',
37111:'or 2 for construction material that consists wholly or predominantly of iron or steel or a combination of both, a',
37112:'construction material manufactured in the united states if the cost of foreign iron and steel constitutes less than 5 percent',
37113:'of the cost of all components used in such construction material. the cost of foreign iron and steel includes but',
37114:'is not limited to the cost of foreign iron or steel mill products such as bar, billet, slab, wire, plate,',
37115:'or sheet, castings,or forgings utilized 52.2277 52.2259 federal acquisition regulation in the manufacture of the construction material and a good',
37116:'faith estimate of the cost of all foreign iron or steel components excluding cots fasteners. iron or steel components of',
37117:'unknown origin are treated as foreign. if the construction material contains multiple components, the cost of all the materials used',
37118:'in such construction material is calculated in accordance with the definition of cost of components. fastener means a hardware device',
37119:'that mechanically joins or affixestwo ormore objects together. examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.',
37120:'foreign construction material means a construction material other than a domestic construction material. foreign iron and steel means iron or',
37121:'steel products not produced in the united states. produced in the united states means that all manufacturing processes of the',
37122:'iron or steel must take place in the united states, from the initial melting stage through theapplication of coatings,exceptmetallurgical processes',
37123:'involving refinement of steeladditives. the origin of the elements of the iron or steel is not relevant to the determination',
37124:'of whether it is domestic or foreign. predominantly of iron or steel or a combination of both means that the',
37125:'cost of the iron and steel content exceeds 50 percent of the total cost of all its components. the cost',
37126:'of iron and steel is the cost of the iron or steel mill products such as bar, billet, slab, wire,',
37127:'plate, or sheet, castings,or forgings utilized in the manufacture of the product and a good faith estimate of the cost',
37128:'of iron or steel components excluding cots fasteners. steel means an alloy that includes at least 50 percent iron, between',
37129:'0.02 and 2 percent carbon, and may include other elements. united states means the 50 states, the district of columbia,',
37130:'and outlying areas. b domestic preference. 1 this clause implements 41 u.s.c. chapter 83, buy american, by providing a preference',
37131:'for domestic construction material. in accordance with 41 u.s.c. 1907, the domestic content test of the buy american statute is',
37132:'waived for construction material that is a cots item, except that for construction material that consists wholly or predominantly of',
37133:'iron or steel or a combination of both, the domestic content test is applied only to the iron and steel',
37134:'content of the construction materials, excluding cots fasteners. see far 12.505a2. the contractor shall use only domestic construction material in',
37135:'performing this contract, except as provided in paragraphs b2 and b3 of this clause. 2 this requirement does not apply',
37136:'to information technology that is a commercial product or to the construction materials or components listed by the government as',
37137:'follows: [contracting officer to list applicable excepted materials or indicate none] 3 the contracting officer may add other foreign construction',
37138:'material to the list in paragraph b2 of thisclause if the government determines that i the cost of domestic construction',
37139:'material would be unreasonable. a for domestic construction material that is not a critical item or does not contain critical',
37140:'components. 1 the cost of a particular domestic construction material subject to the requirements of the buy american statute is',
37141:'unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent; 2 for',
37142:'construction material that is not a cots item and does not consist wholly or predominantly of iron or steel or',
37143:'a combination of both, if the cost of a particular domestic construction material is determined to be unreasonable or thereis',
37144:'no domestic offerreceived, and thelow offeris for foreign constructionmaterial thatis manufactured in the unitedstates and does not exceed 55 percent',
37145:'domestic content, the contracting officer will treatthe lowest offer offoreign constructionmaterial that exceeds 55 percentdomestic content as a domestic offer',
37146:'and determine whether the cost ofthat offer isunreasonable by applying theevaluation factor listed in paragraph b3ia1 of this clause. 3',
37147:'the procedures in paragraph b3ia2 of this clause will no longer apply as of january 1, 2030. b for domestic',
37148:'construction material that is a critical item or contains critical components. 1 the cost of a particular domestic construction material',
37149:'that is a critical item or contains critical components, subject to the requirements of the buy american statute, is unreasonable',
37150:'when the cost of such material exceeds the cost of foreign material by more than 20 percent plus the additional',
37151:'preference factor identified for the critical item or construction material containing critical components listed at far 25.105. 2 for construction',
37152:'material that does not consist wholly or predominantly of iron or steel or a combination of both, if the cost',
37153:'of a particular domestic construction material is determined to be unreasonable or there is no domestic offer received, and the',
37154:'low offer isforforeign construction material that does not exceed 55 percent domestic content, the contracting officerwill treat the lowest foreign',
37155:'offerof construction materialthat ismanufactured inthe unitedstates and exceeds 55percent domesticcontent asa domestic offer, and determine whether thecost of that offer',
37156:'is unreasonable by applying the evaluation factor listed in paragraph b3ib1 of this clause. 3 the procedures in paragraph b3ib2',
37157:'of this clause will no longer apply as of january 1, 2030. 52.2278 subpart 52.2 text of provisions and clauses',
37158:'52.2259 ii the application of the restriction of the buy american statute to a particular construction material would be impracticable',
37159:'or inconsistent with the public interest; or iii the construction material is not mined, produced,or manufactured in the united states',
37160:'in sufficient and reasonablyavailable commercial quantities of a satisfactory quality. c request for determination of inapplicability of the buy american',
37161:'statute. 1 i any contractor request to use foreign construction material in accordance with paragraph b3 of this clause shall',
37162:'include adequate information for government evaluation of the request, including a a description of the foreign and domestic construction materials;',
37163:'b unit of measure; c quantity; d price; e time of deliveryor availability; f location of the construction project; g',
37164:'name and address of the proposed supplier; and h a detailed justification of the reason for use of foreign construction',
37165:'materials cited in accordance with paragraph b3 of this clause. ii a request based on unreasonable cost shall include a',
37166:'reasonable survey of the market and a completed price comparison table in the format in paragraph d of this clause.',
37167:'iii the price of construction material shall include all delivery costs to the construction site and any applicable duty whether',
37168:'or not a dutyfree certificate may be issued. iv any contractor request for a determination submitted after contract award shall',
37169:'explain why the contractor could not reasonably foresee the need for such determination and could not have requested the determination',
37170:'before contract award. ifthe contractor does notsubmit a satisfactory explanation, the contracting officer need notmake a determination. 2 if the',
37171:'government determines after contract award that an exception to the buy american statute applies and the contracting officerand the contractor',
37172:'negotiate adequate consideration,the contracting officerwill modify the contract to allow use ofthe foreign construction material. however,when the basisforthe exceptionis the',
37173:'unreasonable priceof a domestic construction material, adequateconsideration is notless than the differential establishedin paragraph b3iof this clause. 3 unless the',
37174:'government determines that an exception to the buy american statute applies, use of foreign construction material is noncompliant with the',
37175:'buy american statute. d data. to permit evaluationof requests under paragraph c of this clause based onunreasonable cost, the contractor',
37176:'shall include the following information and any applicable supporting data based on the survey of suppliers: foreign and domestic construction',
37177:'materials price comparison construction unit of quantity price material description measure dollars item1: foreign construction material domestic construction material item2:',
37178:'foreign construction material domestic construction material 52.2279 52.22510 federal acquisition regulation [ include all delivery costs to the construction site',
37179:'and any applicable duty whether or not a dutyfree entry certificate is issued]. [list name, address, telephone number, and contact',
37180:'for suppliers surveyed. attach copy of response; if oral, attach summary.] [include other applicable supporting information.] end of clause alternate',
37181:'i oct 2022. as prescribed in 25.1102 a3 substitute the following sentence for the first sentence in paragraph 1iia of',
37182:'the definition of “domestic construction material” in paragraph a: a the cost of its components mined, produced, or manufactured in',
37183:'the united states exceeds percent of the cost of all its components. [ contracting officer to insert the percentage. ]',
37184:'52.22510 noticeof buy american requirementconstruction materials. as prescribed in 25.1102b1, insert the following provision: notice of buy american requirementconstruction materials',
37185:'may 2014 a definitions. commercially available offtheshelf cotsitem, constructionmaterial, domestic construction material, and foreign construction material, as used in this',
37186:'provision, are defined in the clause of this solicitation entitled buy americanconstruction materials federal acquisition regulation farclause 52.2259. b requests',
37187:'for determinations of inapplicability. anofferor requesting adeterminationregardingthe inapplicability of the buyamericanstatuteshouldsubmit therequest to the contracting officer in timeto allow a',
37188:'determination before submission of offers. the offeror shall include theinformationandapplicable supportingdata required by paragraphsc and d of the clauseat far',
37189:'52.2259in therequest. if an offeror has not requested a determination regarding the inapplicability of the buyamericanstatutebefore submitting its offer, or',
37190:'has not received a response to a previous request, the offeror shall include the information and supportingdata inthe offer. cevaluationofoffers.',
37191:'1thegovernmentwillevaluateanofferrequestingexceptiontotherequirementsofthebuy american statute, based onclaimed unreasonable cost of domestic construction material, by addingto theoffered pricethe appropriate percentage of the cost',
37192:'of such foreign construction material, as specified in paragraph b3i of the clause at far 52.2259. 2 if evaluation results',
37193:'in a tie betweenan offerorthat requested the substitution of foreign construction material based on unreasonable cost and an offeror that',
37194:'did not request an exception, the contracting officer willaward to the offerorthat did not request an exception based on unreasonable',
37195:'cost. dalternateoffers. 1whenanofferincludesforeignconstructionmaterialnotlistedbythegovernmentinthis solicitation in paragraph b2 of the clause atfar 52.2259, the offeroralso maysubmit analternate offer based on use',
37196:'of equivalent domestic construction material. 2 if an alternate offer issubmitted,the offerorshallsubmit a separate standard form 1442 for the alternateoffer,',
37197:'and a separate pricecomparison table prepared in accordance with paragraphs c and d of the clause at far 52.2259 for',
37198:'theoffer that is based on the useof any foreign construction material for which the government has not yetdetermined an exception',
37199:'applies. 3 if the government determines that a particular exception requested in accordance with paragraph c of the clause at',
37200:'far 52.2259 doesnot apply, thegovernment will evaluate only those offers based onuse of the equivalent domestic constructionmaterial, and the offeror',
37201:'shall be requiredto furnish such domestic construction material. an offer basedon use of the foreign construction material for which an',
37202:'exception was requested iwill be rejected asnonresponsiveif this acquisition is conducted by sealedbidding; or ii may be accepted if revised',
37203:'during negotiations. end of provision alternate i may 2014. as prescribed in 25.1102 b2, substitute the following paragraph b for',
37204:'paragraph b of the basic provision: 52.2280 subpart 52.2 text of provisions and clauses 52.22511 b requests for determinations of',
37205:'inapplicability. anofferor requesting adeterminationregardingthe inapplicabilityof thebuy american statute shall submit the requestwith its offer, including the information and applicable supporting',
37206:'data required byparagraphs c and d of the clauseat far 52.2259. 52.22511buy americanconstruction materials under trade agreements. as prescribed in',
37207:'25.1102c, insert the following clause: buy americanconstruction materials under trade agreements nov 2023 a definitions. as used in this clause—',
37208:'caribbean basin country construction material means a construction material that— 1 is wholly the growth, product, or manufacture of a',
37209:'caribbean basin country; or 2 in the case of a construction materialthat consists in wholeor in part of materials from',
37210:'another country, hasbeen substantially transformed in a caribbean basincountry into a new anddifferent construction material distinct from the materials from',
37211:'which it was transformed. commercially available offtheshelf cots item— 1 means any item of supply including construction material that is–',
37212:'i a commercial product as defined in paragraph 1 of the definition of “commercial product” at federal acquisition regulationfar 2.101;',
37213:'ii sold in substantial quantities in the commercial marketplace; and iii offered tothe government, under a contract or subcontract at',
37214:'any tier, without modification, in the same form in which it is sold in the commercial marketplace; and 2 does',
37215:'not include bulk cargo, as defined in 46 u.s.c. 401024, such as agricultural products and petroleum products. component means an',
37216:'article, material, or supply incorporated directly into a construction material. construction material means an article, material, or supply brought to',
37217:'the construction site by the contractor or subcontractor for incorporation into the building or work. the term also includes an',
37218:'item brought to the site preassembled from articles, materials, orsupplies. however, emergency life safety systems, such as emergency lighting,fire alarm,',
37219:'and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as',
37220:'complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or',
37221:'components of those systems are delivered to the construction site. materials purchased directly by the government are supplies, not construction',
37222:'material. cost of components means— 1 for components purchased bythe contractor, the acquisition cost, including transportation coststo the place of',
37223:'incorporation into the construction material whether or not such costs are paid to a domestic firm, and any applicable duty',
37224:'whether or not a dutyfree entry certificate is issued; or 2 for components manufactured bythe contractor, all costs associatedwith the',
37225:'manufacture of the component, including transportation costs as described in paragraph 1 of this definition, plus allocable overhead costs, but',
37226:'excluding profit. cost of components does not include any costs associated with the manufacture of the construction material. critical component',
37227:'means a component that is mined, produced, or manufactured in the united states and deemed critical to the u.s. supply',
37228:'chain. the list of critical components is at far 25.105. critical item means a domestic construction material or domestic end',
37229:'product that is deemed critical to u.s. supply chain resiliency. the list of criticalitems is at far 25.105. designated country',
37230:'means any of the following countries: 1 a world trade organization government procurement agreement wtogpa countryarmenia, aruba, australia, austria, belgium,',
37231:'bulgaria, canada, croatia, cyprus, czech republic, denmark, estonia, finland, france, germany, greece,hongkong, hungary, iceland, ireland, israel, italy,japan, korea republic of,',
37232:'latvia, liechtenstein, lithuania, luxembourg, malta, moldova, montenegro, netherlands, new zealand, north macedonia, norway, poland, portugal, romania, singapore, slovakrepublic, slovenia, spain,',
37233:'sweden, switzerland, taiwan, ukraine, or united kingdom; 2 a free trade agreementftacountry australia, bahrain, chile, colombia, costa rica, dominicanrepublic, el',
37234:'salvador, guatemala,honduras, korea republic of, mexico, morocco,nicaragua, oman, panama,peru, or singapore; 52.2281 52.22511 federal acquisition regulation 3 a least developed',
37235:'country afghanistan, angola, bangladesh, benin, bhutan, burkina faso, burundi, cambodia, central african republic, chad, comoros, democratic republic of congo, djibouti,',
37236:'equatorial guinea, eritrea, ethiopia, gambia, guinea, guineabissau, haiti, kiribati, laos, lesotho, liberia, madagascar, malawi, mali, mauritania, mozambique, nepal,niger, rwanda, samoa,',
37237:'sao tome and principe, senegal,sierra leone, solomon islands, somalia, south sudan, tanzania, timorleste, togo,tuvalu, uganda, vanuatu, yemen, or zambia; or',
37238:'4 a caribbean basin country antiguaandbarbuda, aruba, bahamas, barbados, belize, bonaire, british virgin islands, curacao, dominica,grenada, guyana, haiti, jamaica,montserrat,saba, st.',
37239:'kitts and nevis, st. lucia, st. vincent and the grenadines,sinteustatius, sint maarten, ortrinidad and tobago. designated country construction material means',
37240:'aconstruction material that is a wto gpa country construction material, an fta country construction material, a least developed country construction',
37241:'material, or a caribbean basin country construction material. domestic construction material means— 1 for construction material that does not consist',
37242:'wholly or predominantly of iron or steel or a combination of both i an unmanufactured construction material mined or produced',
37243:'in the united states; or ii a construction material manufactured in the united states, if— a the cost of its',
37244:'components mined, produced, or manufactured in the united states exceeds 60 percent of the cost of all its components, except',
37245:'that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for',
37246:'items delivered starting in calendar year 2029. b the construction material is a cots item; or 2 for construction material',
37247:'that consists wholly or predominantly of iron or steel or a combination of both, a construction material manufactured in the',
37248:'united states if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all',
37249:'components used in such construction material. the cost of foreign iron and steel includes but is not limited to the',
37250:'cost of foreign iron or steel mill products such as bar, billet, slab, wire, plate, or sheet, castings,or forgings utilized',
37251:'in the manufacture of the construction material and a good faith estimate of the cost of all foreign iron or',
37252:'steel components excluding cots fasteners. iron or steel components of unknown origin are treated as foreign. if the construction material',
37253:'contains multiple components, the cost of all the materials used in such construction material is calculated in accordance with the',
37254:'definition of cost of components. fastener means a hardware device that mechanically joins or affixestwo ormore objects together. examples of',
37255:'fasteners are nuts, bolts, pins, rivets, nails, clips, and screws. foreign construction material means a construction material other than a',
37256:'domestic construction material. foreign iron and steel means iron or steel products not produced in the united states. produced in',
37257:'the united states means that all manufacturing processes of the iron or steel must take place in the united states,',
37258:'from the initial melting stage through theapplication of coatings,exceptmetallurgical processes involving refinement of steeladditives. the origin of the elements of',
37259:'the iron or steel is not relevant to the determination of whether it is domestic or foreign. free trade agreement',
37260:'country construction material means a construction material that 1 is wholly the growth, product,or manufactureof afree trade agreement fta country;',
37261:'or 2 in the case of a construction materialthat consists in wholeor in part of materials from another country, hasbeen',
37262:'substantially transformed in a fta country into a newand differentconstruction material distinct from the materials from which it was transformed.',
37263:'least developed country construction material means a construction material that 1 is wholly the growth, product, or manufacture of a',
37264:'least developed country; or 2 in the case of a construction materialthat consists in wholeor in part of materials from',
37265:'another country, hasbeen substantially transformed in a least developed country into a new and different construction material distinct from the',
37266:'materials from which it was transformed. predominantly of iron or steel or a combination of both means that the cost',
37267:'of the iron and steel content exceeds 50 percent of the total cost of all its components. the cost of',
37268:'iron and steel is the cost of the iron or steel mill products such as bar, billet, slab, wire, plate,',
37269:'or sheet, castings,or forgings utilized in the manufacture of the product and a good faith estimate of the cost of',
37270:'iron or steel components excluding cots fasteners. steel means an alloy that includes at least 50 percent iron, between 0.02',
37271:'and 2 percent carbon, and may include other elements. united states means the 50 states, the district of columbia, and',
37272:'outlying areas. wto gpa country construction material means a construction material that 1 is wholly the growth, product,or manufactureof awtogpa',
37273:'country; or 52.2282 subpart 52.2 text of provisions and clauses 52.22511 2 in the case of a construction materialthat consists',
37274:'in wholeor in part of materials from another country, hasbeen substantially transformed in a wto gpa country intoa new and',
37275:'different construction material distinctfrom the materials from which it was transformed. b construction materials. 1 this clause implements 41 u.s.c.',
37276:'chapter 83, buy american, by providing a preference for domestic construction material. in accordance with 41 u.s.c.1907, the domestic content',
37277:'test of the buy american statute is waived for construction material that is a cots item, except that for construction',
37278:'material that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is',
37279:'applied only to the iron and steel content of the construction material, excludingcots fasteners. seefar 12.505a2. inaddition, thecontracting officer has',
37280:'determined that the wto gpa and free trade agreements ftasapply to this acquisition. therefore, the buy american restrictions are waived',
37281:'for designated country construction materials. 2 the contractor shall use only domestic or designated country construction material in performing this',
37282:'contract, except as provided in paragraphs b3 and b4 of this clause. 3 the requirement in paragraph b2 of this',
37283:'clause does not apply to information technology that is a commercial product or to the construction materials or components listed',
37284:'by the government as follows: [contracting officer to list applicable excepted materials or indicate none] 4 the contracting officer may',
37285:'add other foreign construction material to the list in paragraph b3 of thisclause if the government determines that i the',
37286:'cost of domestic construction material would be unreasonable. a for domestic construction material that is not a critical item or',
37287:'does not contain critical components. 1 the cost of a particular domestic construction material subject to the restrictions of the',
37288:'buy american statute is unreasonable when the cost of such material exceeds the cost of foreign material by more than',
37289:'20 percent; 2 for construction material that is not a cots item and does not consist wholly or predominantly of',
37290:'iron or steel or a combination of both, if the cost of a particular domestic construction material is determined to',
37291:'be unreasonable or thereis no domestic offerreceived, and thelow offeris for foreign constructionmaterial thatdoes not exceed 55 percent domestic content,',
37292:'thecontracting officer will treat the lowestoffer of foreign construction material that is manufacturedin theunited statesand exceeds 55 percent domestic content',
37293:'as a domestic offer anddetermine whether thecostof that offeris unreasonable by applying the evaluation factor listed in paragraph b4ia1 of',
37294:'this clause. 3 the procedures in paragraph b4ia2 of this clause will no longer apply as of january 1, 2030.',
37295:'b for domestic construction material that is a critical item or contains critical components. 1 the cost of a particular',
37296:'domestic construction material that is a critical item or contains critical components, subject to the requirements of the buy american',
37297:'statute, is unreasonable when the cost of such material exceeds the cost of foreign material by more than 20 percent',
37298:'plus the additional preference factor identified for the critical item or construction material containing critical components listed at far 25.105.',
37299:'2 for construction material that does not consist wholly or predominantly of iron or steel or a combination of both,',
37300:'if the cost of a particular domestic construction material is determined to be unreasonable or there is no domestic offer',
37301:'received, and the low offer isforforeign construction material that does not exceed 55 percent domestic content, the contracting officerwill treat',
37302:'the lowest offer offoreign construction materialthat ismanufactured inthe unitedstates and exceeds 55percent domesticcontent asa domestic offer, and determine whether thecost',
37303:'of that offer is unreasonable by applying the evaluation factor listed in paragraph b4ib1 of this clause. 3 the procedures',
37304:'in paragraph b4ib2 of this clause will no longer apply as of january 1, 2030. ii the application of the',
37305:'restriction of the buy american act to a particular construction material would be impracticable or inconsistent with the public interest;',
37306:'or iii the construction material is not mined, produced,or manufactured in the united states in sufficient and reasonablyavailable commercial quantities',
37307:'of a satisfactory quality. c request for determination of inapplicability of the buy american statute. 1 i any contractor request',
37308:'to use foreign construction material in accordance with paragraph b4 of this clause shall include adequate information for government evaluation',
37309:'of the request, including a a description of the foreign and domestic construction materials; b unit of measure; c quantity;',
37310:'d price; e time of deliveryor availability; f location of the construction project; 52.2283 52.22511 federal acquisition regulation g name',
37311:'and address of the proposed supplier; and h a detailed justification of the reason for use of foreign construction materials',
37312:'cited in accordance with paragraph b3 of this clause. ii a request based on unreasonable cost shall include a reasonable',
37313:'survey of the market and a completed price comparison table in the format in paragraph d of this clause. iii',
37314:'the price of construction material shall include all delivery costs to the construction site and any applicable duty whether or',
37315:'not a dutyfree certificate may be issued. iv any contractor request for a determination submitted after contract award shall explain',
37316:'why the contractor could not reasonably foresee the need for such determination and could not have requested the determination before',
37317:'contract award. ifthe contractor does notsubmit a satisfactory explanation, the contracting officer need notmake a determination. 2 if the government',
37318:'determines after contract award that an exception to the buy american statute applies and the contracting officerand the contractor negotiate',
37319:'adequate consideration,the contracting officerwill modify the contract to allow use ofthe foreign construction material. however,when the basisforthe exceptionis the unreasonable',
37320:'priceof a domestic construction material, adequateconsideration is notless than the differential establishedin paragraph b4iof this clause. 3 unless the government',
37321:'determines that an exception to the buy american statute applies, use of foreign construction material is noncompliant with the buy',
37322:'american statute. d data. to permit evaluationof requests under paragraph c of this clause based onunreasonable cost, the contractor shall',
37323:'include the following information and any applicable supporting data based on the survey of suppliers: foreign and domestic construction materials',
37324:'price comparison construction material description unit of measure quantity price dollars item1 foreign construction material domestic construction material item1 foreign',
37325:'construction material domestic construction material [ include all delivery costs to the construction site and any applicable duty whether or',
37326:'not a dutyfree entry certificate is issued]. [ list name, address, telephone number, and contact for suppliers surveyed. attach copy',
37327:'of response; if oral, attach summary. ] [ include other applicable supporting information. ] end of clause alternate i nov',
37328:'2023 . as prescribed in 25.1102 c3, add the following definition of bahraini, mexican, or omani construction material to paragraph',
37329:'a of the basic clause, and substitute the following paragraphs b1 and b2 for paragraphs b1 and b2 of the',
37330:'basic clause: bahraini, mexican, or omani construction material means a construction material that 1 is wholly the growth, product, or',
37331:'manufacture of bahrain, mexico, or oman; or 2 in the case of a construction materialthat consists in wholeor in part',
37332:'of materials from another country, hasbeen substantially transformed in bahrain,mexico,or oman intoa new and different construction materialdistinct from the materials',
37333:'from which it was transformed. b construction materials. 1 this clause implements 41 u.s.c. chapter 83, buy american, by providing',
37334:'a preference for domestic construction material. in accordance with 41 u.s.c. 1907, the domestic content test of the buy american',
37335:'statute is waived for construction material that is a cots item, except that for construction material that consists wholly or',
37336:'predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron',
37337:'and steel 52.2284 subpart 52.2 text of provisions and clauses 52.22512 content of the construction material, excluding cots fasteners. see',
37338:'12.505a2. in addition, the contractingofficer has determined that the wto gpa and all the freetradeagreementsexceptthe bahrain fta, united statesmexicocanada agreement,and',
37339:'the omanfta apply to thisacquisition. therefore, the buy american statute restrictions arewaived for designated country construction materials other than bahraini,',
37340:'mexican, or omani construction materials. 2 the contractor shall use only domestic or designated country construction material other than bahraini,',
37341:'mexican, or omani construction material in performing this contract, except as provided in paragraphs b3 and b4 of this clause.',
37342:'alternate ii oct 2022. as prescribed in 25.1102 c4 substitute the following sentence for the first sentence of paragraph 1iia',
37343:'of the definition of domestic construction material in paragraph a: a the cost of its components mined, produced, or manufactured',
37344:'in the united states exceeds percent of the cost of all its components. [ contracting officer to insert the percentage.',
37345:'] 52.22512 noticeof buy american requirementconstruction materials under trade agreements. as prescribed in 25.1102d1, insert the following provision: notice of',
37346:'buy american requirementconstruction materials under trade agreementsmay 2014 a definitions. commercially available offtheshelf cotsitem, constructionmaterial, designatedcountry construction material, domestic construction',
37347:'material, and foreign construction material, as used in this provision, are definedin the clause of this solicitation entitled buy americanconstruction',
37348:'materials under trade agreements federal acquisition regulationfar clause 52.22511. b requests for determination of inapplicability. an offeror requesting a determination',
37349:'regarding theinapplicability of the buy american statute should submit the request tothe contracting officerin time to allow a determination beforesubmission',
37350:'of offers. the offerorshallinclude the information and applicable supporting data requiredby paragraphs c and d of far clause 52.22511 in',
37351:'therequest. if an offeror has not requested a determination regarding the inapplicability of the buy american statute beforesubmittingits offer, or',
37352:'has not received a response to a previous request, the offeror shall include the information and supporting data in the',
37353:'offer. cevaluationofoffers. 1thegovernmentwillevaluateanofferrequestingexceptiontotherequirementsofthebuy american statute, based onclaimed unreasonable cost of domestic construction materials, by adding tothe offered price the appropriate',
37354:'percentage ofthe cost of such foreign construction material,as specified inparagraph b4i of far clause 52.22511. 2 if evaluation results in',
37355:'a tie betweenan offerorthat requested the substitution of foreign construction material based on unreasonable cost and an offeror that did',
37356:'not request an exception, the contracting officer willaward to the offerorthat did not request an exception based on unreasonable cost.',
37357:'dalternateoffers. 1whenanofferincludesforeignconstructionmaterial,otherthandesignatedcountryconstruction material, that is not listedby the government in this solicitationin paragraph b3 of far clause 52.22511,the offeroralso may',
37358:'submit an alternate offerbased on use of equivalent domestic or designated country construction material. 2 if an alternate offer issubmitted,the',
37359:'offerorshallsubmit a separate standard form 1442 for the alternateoffer, and a separate price comparison table prepared in accordance with paragraphs',
37360:'c and d offar clause 52.22511 for theoffer that is based on the use of any foreign construction material for',
37361:'which the government has not yet determined an exception applies. 3 if the government determines thata particular exception requested in',
37362:'accordance with paragraphc of farclause 52.22511 doesnot apply, the government will evaluate only thoseoffers basedon useof the equivalent domestic or',
37363:'designated country constructionmaterial, and the offeror shall be requiredto furnish suchdomestic or designated country constructionmaterial. an offerbased on use of',
37364:'the foreign construction material for which anexception was requested iwill be rejected asnonresponsiveif this acquisition is conducted by sealedbidding; or',
37365:'ii may be accepted if revised during negotiations. end of provision alternate i may 2014. as prescribed in 25.1102 d2,',
37366:'substitute the following paragraph b for paragraph b of the basic provision: 52.2285 52.22513 federal acquisition regulation b requests for',
37367:'determination of inapplicability. an offeror requesting a determination regarding theinapplicability of thebuy american statute shall submit the requestwith its offer,',
37368:'including the information and applicable supporting data required byparagraphs c and d of far clause 52.22511. alternate ii nov 2023.',
37369:'as prescribed in 25.1102 d3, add the definition of bahraini, mexican, or omani construction material to paragraph a and substitute',
37370:'the following paragraph d for paragraph d of the basic provision: d alternate offers. 1 whenan offer includes foreign construction',
37371:'material, except foreignconstruction material from a designated country other than bahrain, mexico, or oman that is not listed by the',
37372:'government in this solicitation in paragraph b3 offar clause 52.22511, the offeror also may submit an alternate offer basedon useof',
37373:'equivalent domestic or designated country construction material other than bahraini, mexican, or omani construction material. 2 if an alternate offer',
37374:'issubmitted,the offerorshallsubmit a separate standard form 1442 for the alternateoffer, and a separate price comparison table prepared in accordance with',
37375:'paragraphs c and d offar clause 52.22511 for theoffer that is based on the use of any foreign construction material',
37376:'for which the government has not yet determined an exception applies. 3 if the government determines thata particular exception requested',
37377:'in accordance with paragraphc of far clause 52.22511 does notapply, the governmentwill evaluate only those offers based on use ofthe',
37378:'equivalentdomestic or designated country constructionmaterial other than bahraini, mexican, or omani construction material. an offer based on use of the',
37379:'foreign construction material for which an exception was requested iwill be rejected asnonresponsiveif this acquisition is conducted by sealedbidding; or',
37380:'ii may be accepted if revised during negotiations. 52.22513 restrictions on certain foreign purchases. as prescribed in 25.1103a, insert the',
37381:'following clause: restrictions on certain foreign purchases feb 2021 a except as authorizedby the office of foreign assetscontrol ofac in',
37382:'the department of the treasury, the contractor shall not acquire, for use in the performance of this contract, any supplies',
37383:'or services if any proclamation, executive order, or statute administered by ofac,or ifofac’s implementing regulations at 31 cfr chapterv, would',
37384:'prohibit such a transaction by a person subject to the jurisdiction of the united states. b except as authorized byofac,',
37385:'most transactions involving cuba, iran,and sudan are prohibited, as are most imports from burma or north korea, into the united',
37386:'states or its outlying areas. lists of entities and individuals subject to economic sanctions are included in ofac’s list of',
37387:'specially designated nationals and blocked persons at https://home.treasury.gov/ policyissues/financialsanctions/speciallydesignatednationalsandblockedpersonslistsdnhumanreadablelists. more information about these restrictions, as well asupdates,is available inthe ofac’sregulations',
37388:'at 31 cfr chapterv and/ or onofac’s website at https://home.treasury.gov/policyissues/officeofforeignassetscontrolsanctionsprogramsandinformation. c the contractor shall insert this clause, including this paragraph',
37389:'c, in all subcontracts. end of clause 52.22514 inconsistency between englishversion andtranslationof contract. as prescribed at 25.1103b, insert the following',
37390:'clause: inconsistency between english version and translation of contract feb 2000 in the event of inconsistency between any terms of',
37391:'this contract and any translation into another language, the english language meaning shall control. end of clause 52.2286 subpart 52.2',
37392:'text of provisions and clauses 52.22519 52.22515 [reserved] 52.22516 [reserved] 52.22517 evaluation of foreign currency offers. as prescribed in 25.1103',
37393:'c, insert the following provision: evaluation of foreign currency offers feb 2000 if the government receives offers inmorethan one currency,',
37394:'the government will evaluate offers by converting the foreign currency to united states currency using [contracting officer to insert source',
37395:'of rate] in effectas follows: a for acquisitions conducted using sealed bidding procedures, on the date of bid opening. b',
37396:'for acquisitions conducted using negotiation procedures 1 on the date specified for receipt of offers, if award is based oninitial',
37397:'offers; otherwise 2 on the date specified for receipt of proposal revisions. end of provision 52.22518 place of manufacture. as',
37398:'prescribed in 25.1101 f, insert the following solicitation provision: place of manufacture aug 2018 a definitions. as used in this',
37399:'provision— manufactured end product means any end product in product and service codes pscs 10009999, except 1 fpsc 5510, lumber',
37400:'and related basic woodmaterials; 2 product or service group psg 87, agricultural supplies; 3 psg 88, live animals; 4 psg',
37401:'89, subsistence; 5 psc 9410, crude grades of plant materials; 6 psc 9430, miscellaneous crude animal products, inedible; 7 psc',
37402:'9440, miscellaneous crude agricultural and forestry products; 8 psc 9610, ores; 9 psc 9620, minerals, natural and synthetic; and 10',
37403:'psc 9630, additive metal materials. place of manufacture means the place where an end product is assembled out of components,',
37404:'or otherwise made or processed from raw materials into the finished product that is to be provided to the government.',
37405:'if a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. b for statisticalpurposesonly,',
37406:'theofferor shall indicate whether the place of manufacture of the end products it expects to provide in response to this',
37407:'solicitation is predominantly 1 □ inthe united states check this box if the total anticipated price of offered end products',
37408:'manufactured in the unitedstates exceeds the totalanticipated priceof offeredendproducts manufactured outside theunited states; or 2 □ outside the united states.',
37409:'end of provision 52.22519 contractor personnel in a designated operational area or supporting a diplomatic or consular mission outside the',
37410:'united states. as prescribed in 25.3014, insert the following clause: contractor personnel in a designated operational area or supporting a',
37411:'diplomatic or consular mission outside the united states may 2020 52.2287 52.22519 federal acquisition regulation a definitions. as used in',
37412:'this clause chief of missionmeans the principal officer in charge of a diplomaticmissionof the united states orof aunited states officeabroad',
37413:'which isdesignated bythe secretary of stateas diplomaticin nature, including any individualassigned under section 502c of the foreignservice act of 1980',
37414:'public law 96465to betemporarily in charge of such a mission or office. combatant commandermeans the commander of a unified or',
37415:'specified combatant command established in accordance with 10 u.s.c. 161. designated operational area means a geographic area designated by the',
37416:'combatant commander or subordinate joint force commander for the conduct or support of specified military operations. supporting a diplomatic or',
37417:'consular mission means performing outside the united states under a contract administered by federal agency personnel who are subject to',
37418:'the direction of a chief of mission. b general. 1 this clause applies when contractor personnel are required to perform',
37419:'outside the united states i in a designated operational area during a contingency operations; b humanitarian or peacekeeping operations; or',
37420:'c other military operations; or military exercises, when designated by the combatant commander; or ii when supporting a diplomatic or',
37421:'consular mission a that has been designated by the department of state as a danger pay post see https://aoprals.state.gov/; or',
37422:'b that the contractingofficer has indicated is subject to thisclause. 2 contract performance may require work in dangerous or austere',
37423:'conditions. except as otherwise provided in the contract, the contractor accepts the risks associated with required contract performance in such',
37424:'operations. 3 contractor personnel are civilians. i except as provided in paragraph b3ii of this clause, and in accordance with',
37425:'paragraph i3 of this clause, contractor personnel are only authorized to use deadly force in selfdefense. ii contractor personnel performing',
37426:'security functions are also authorized to use deadly force when use of such force reasonably appears necessary to execute their',
37427:'security mission to protect assets/persons, consistent with the terms and conditions contained in the contract or with their job description',
37428:'and terms of employment. 4 service performed by contractor personnel subject to this clause is not active duty or service',
37429:'under 38 u.s.c. 106 note. c support. unless specified elsewhere in the contract, the contractor is responsible for all logistical',
37430:'and security support required for contractor personnel engaged in this contract. d compliance with laws and regulations. the contractor shall',
37431:'comply with, and shall ensure that its personnel in the designated operational area or supporting the diplomatic or consular mission',
37432:'are familiar with and comply with, all applicable 1 unitedstates, hostcountry, and thirdcountry national laws; 2 treaties and international agreements;',
37433:'3 united states regulations, directives, instructions, policies, and procedures; and 4 forceprotection, security,health,or safety orders, directives, and instructions issued by',
37434:'the chief of mission or thecombatant commander; however, only the contractingofficer isauthorized to modify the terms and conditions of the',
37435:'contract. e preliminary personnel requirements. 1 specific requirements for paragraphs e2i through e2vi of this clause will be set forth',
37436:'in the statement of work, or elsewhere in the contract. 2 before contractor personnel depart from the united states or',
37437:'a third country, and before contractor personnel residing in the host country begin contract performance in the designated operational area',
37438:'or supporting the diplomatic or consular mission, the contractor shall ensure the following: i all required security and background checks',
37439:'are complete and acceptable. ii all personnel are medically and physically fit and have received all required vaccinations. iii all',
37440:'personnel have all necessary passports, visas, entry permits, and other documents required for contractor personnel to enter andexit theforeign country,',
37441:'including thoserequired for intransit countries. iv all personnel have received a a country clearance or special area clearance, if required',
37442:'by the chief of mission; and b theater clearance,if required bythe combatant commander. v all personnel have received personal security',
37443:'training. the training must at a minimum52.2 288 subpart 52.2 text of provisions and clauses 52.22519 a cover safety and',
37444:'security issues facing employees overseas; b identify safety and security contingency planning activities; and c identify ways to utilizesafety and',
37445:'securitypersonnel and other resources appropriately. vi all personnel have received isolated personnel training, if specified in the contract. isolated personnel',
37446:'are military orcivilian personnelseparatedfrom their unit or organization in an environment requiring them to survive, evade, or escape while awaiting',
37447:'rescue orrecovery. vii all personnel who are u.s. citizens are registered with the u.s. embassy or consulate with jurisdiction over',
37448:'the area of operations online at http://www.travel.state.gov. 3 the contractor shall notify all personnel who are not a host country',
37449:'national or ordinarily resident in the host country that i if this contract is with the department of defense, or',
37450:'the contract relates to supporting the mission of the department of defense outside the united states, such employees, and dependents',
37451:'residing with such employees, who engage in conduct outside theunited statesthat would constitutean offense punishable by imprisonmentformore thanone year if',
37452:'the conduct had been engaged in within the special maritime and territorial jurisdiction of the united states, may potentially be',
37453:'subject to the criminal jurisdiction of the united states see the military extraterritorial jurisdiction act of 2000 18 u.s.c. 3261',
37454:'et seq. ; iipursuant tothe war crimes act, 18 u.s.c. 2441, federal criminal jurisdiction also extends to conduct that is',
37455:'determined to constitute a war crime when committed by a civilian national of the united states; and iii other lawsmay',
37456:'provide for prosecution ofu.s. nationals who commit offenses on the premisesof united states diplomatic, consular, military orotherunited statesgovernmentmissions outside the',
37457:'united states 18 u.s.c. 79. f processing and departure points. the contractor shall require its personnel who are arriving from',
37458:'outside the area of performance to perform in the designated operational area or supporting the diplomatic or consular mission to',
37459:'1 process through the departure center designated in the contract or complete another process as directed by the contracting officer;',
37460:'2 use a specific point of departure and transportationmode asdirected bythe contracting officer;and 3 process through a receptioncenter as designated',
37461:'by the contracting officer upon arrival at the place of performance. g personnel data. 1 unless personnel data requirements are',
37462:'otherwise specified in the contract, the contractor shall establish and maintain with thedesignated governmentofficial a current list of all contractor',
37463:'personnelin theareas of performance. the contractingofficer will inform the contractor ofthe government official designatedto receive this data and the appropriatesystem',
37464:'to use for this effort. 2 the contractor shall ensure that all employees on this list have a current record',
37465:'ofemergency data, for notification of nextof kin, on file withboth the contractor and the designated government official. h contractor personnel.',
37466:'the contracting officer may direct the contractor, at its own expense,to removeand replace any contractor personnel who fail to comply',
37467:'with or violate applicable requirements of this contract. such action may be taken at thegovernment’s discretion withoutprejudice toits rightsunder any',
37468:'other provisionof this contract,including termination for default or cause. i weapons. 1ifthecontractingofficer,subjecttotheapprovalofthecombatantcommanderorthechiefofmission, authorizes the carrying of weapons ithe contractingofficer may',
37469:'authorize an approved contractor toissue contractorownedweapons and ammunition to specified employees; or ii the [contracting officer to specify individual, e.g.,',
37470:'contracting officer representative, regional security officer, etc,] may issue governmentfurnished weapons and ammunition to the contractor for issuance to specified',
37471:'contractor employees. 2 the contractor shall provide to thecontracting officer a specific list of personnel for whom authorization to carry',
37472:'a weapon is requested. 3 the contractor shall ensure that its personnel who are authorized to carry weapons i are',
37473:'adequately trained to carry and use them a safely; b with full understanding of, and adherence to, the rules of',
37474:'theuse of forceissuedby the combatant commander or the chief of mission; and c in compliance with applicable agency policies, agreements,',
37475:'rules, regulations, and other applicable law; ii are not barred from possession of a firearm by 18 u.s.c. 922; and',
37476:'52.2289 52.22519 federal acquisition regulation iii adhere to all guidance and orders issued by the combatant commander or the chief',
37477:'of mission regarding possession, use, safety, and accountability of weapons and ammunition. 4 upon revocation by the contracting officer of',
37478:'the contractor’s authorization to possess weapons, thecontractor shall ensure that all governmentfurnished weapons and unexpended ammunition are returned as directed',
37479:'by the contracting officer. 5 whether or not weapons are governmentfurnished, all liability for the use of any weapon by',
37480:'contractor personnel rests solely with the contractor and the contractor employee using such weapon. j vehicle or equipment licenses. contractor',
37481:'personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the area',
37482:'of performance. k military clothing and protective equipment. 1 contractor personnel are prohibited from wearing military clothing unless specifically authorizedby',
37483:'the combatant commander. if authorizedto wear military clothing, contractor personnel must wear distinctive patches, armbands,nametags,or headgear,in order to be distinguishable',
37484:'from military personnel, consistent with force protection measures. 2 contractor personnelmay wear specific items required for safety and security, such',
37485:'as ballistic, nuclear,biological, or chemical protective equipment. l evacuation. 1 if the chief of mission or combatant commander orders a',
37486:'mandatory evacuation of some or all personnel, the government will provide to united states and third country national contractor personnel',
37487:'the level of assistance provided to private united states citizens. 2 in the event of a nonmandatoryevacuation order, thecontractor shall',
37488:'maintain personnel on location sufficient to meetcontractual obligations unless instructed toevacuate bythe contracting officer. m personnel recovery. 1 in the',
37489:'case of isolated, missing, detained, captured or abducted contractor personnel, the government will assist in personnel recovery actions. 2 personnel',
37490:'recovery mayoccur through militaryaction,action by nongovernmental organizations, other governmentapproved action, diplomatic initiatives, or through any combination of these options. 3',
37491:'the department of defense has primary responsibility for recovering dod contract service employees and, when requested, will provide personnel recovery',
37492:'support to other agencies in accordance with dod directive 2310.2, personnel recovery. n notification and return of personal effects. 1',
37493:'the contractor shall be responsible for notification of the employee designated next of kin, and notification as soon as possible',
37494:'to the u.s. consul responsible for the area in which the event occurred, if the employee i dies; ii requires',
37495:'evacuation due to an injury; or iii is isolated, missing, detained, captured, or abducted. 2 the contractor shall also beresponsibleforthe',
37496:'return of all personal effects of deceased ormissingcontractor personnel, if appropriate, to next of kin. o mortuary affairs. mortuary affairsforcontractor',
37497:'personnel who die in the area ofperformance will be handled as follows: 1 if this contract was awarded by dod,',
37498:'the remains of contractor personnel will be handled in accordance with dod directive1300.22, mortuary affairspolicy. 2 i if this contract',
37499:'was awarded by an agency other than dod, the contractor is responsible for the return of the remains of contractor',
37500:'personnel from the point of identification of the remains to the location specified by the employee or next of kin,',
37501:'as applicable, except as provided in paragraph o2ii of this clause. ii in accordance with 10 u.s.c. 1486, the department',
37502:'of defense may provide, on a reimbursable basis, mortuary support for the disposition of remains and personal effects ofallu.s. citizens',
37503:'upon the request of the department of state. p changes. in addition to the changes otherwise authorized by the changes',
37504:'clause of this contract, the contracting officer may, at any time, by writtenorder identified as a change order,makechangesin placeof performance',
37505:'or governmentfurnished facilities, equipment, material, services, or site. any change order issued in accordance with this paragraph shall be subject',
37506:'to the provisions of the changes clause of this contract. q subcontracts. the contractor shall incorporate the substance of this',
37507:'clause, including this paragraph q, in all subcontracts that require subcontractor personnel to perform outside the united states 1 in',
37508:'a designated operational area during i contingency operations; ii humanitarian or peacekeeping operations; or 52.2290 subpart 52.2 text of provisions',
37509:'and clauses 52.22521 iii other military operations; or military exercises, when designated by the combatant commander; or 2 when supporting',
37510:'a diplomatic or consular mission i that has been designated by the department of state as a danger pay post',
37511:'see https://aoprals.state.gov/; or iithat the contracting officer has indicatedis subjectto this clause. end of clause 52.22520 prohibitionon conducting restricted business',
37512:'operations in sudancertification. as prescribed at 25.1103d, insert the following provision: prohibition on conducting restricted business operations in sudancertification aug',
37513:'2009 a definitions. as used in this provision business operations means engaging in commerce in any form, including by acquiring,',
37514:'developing, maintaining, owning, selling, possessing, leasing, or operatingequipment, facilities, personnel, products,services, personal property, real property, or any other apparatus of',
37515:'business or commerce. marginalized populations of sudan means 1 adversely affected groups in regions authorized to receive assistance undersection 8c',
37516:'of the darfurpeace and accountability act pub. l. 109344 50 u.s.c. 1701 note; and 2 marginalized areas innorthern sudan described',
37517:'insection 49 of suchact. restricted business operations means business operations in sudan that include power production activities, mineral extraction activities,',
37518:'oilrelated activities, or the production of military equipment, as those terms are defined in the sudan accountabilityand divestment act of2007',
37519:'pub. l. 110174. restricted business operationsdo not include business operations that the person as that term is defined in section',
37520:'2 of the sudan accountability and divestment act of 2007 conducting the business can demonstrate 1 are conducted under contract',
37521:'directly and exclusively with the regional government of southern sudan; 2 are conducted pursuant to specificauthorizationfrom the office of foreign',
37522:'assets control in thedepartment of thetreasury, or areexpressly exempted under federal law from therequirementto beconductedunder suchauthorization; 3 consist of providing',
37523:'goods or services to marginalized populationsof sudan; 4 consist of providing goods or services to an internationally recognized peacekeeping force',
37524:'or humanitarian organization; 5 consist of providing goods or services that are used only to promote health or education; or',
37525:'6 have been voluntarily suspended. b certification. by submission of its offer, theofferor certifies that the offerordoes not conduct any',
37526:'restricted business operations in sudan. end of provision 52.22521 requireduse of american iron, steel,and manufacturedgoodsbuy american statuteconstruction materials. as prescribed',
37527:'in 25.1102e, insert the following clause: required use of american iron, steel, and manufactured goodsbuy american statuteconstruction materials jan 2021',
37528:'a definitions. as used in this clause component means an article, material, or supply incorporated directly into a construction material.',
37529:'construction material means an article, material, or supply brought to the construction site by the contractor or a subcontractor for',
37530:'incorporation into the building or work. the term also includes an item brought to the site preassembled from articles, materials,',
37531:'orsupplies. however, emergency life safety systems, such as emergency lighting,fire alarm, and audio evacuation systems, that are discrete systems incorporated',
37532:'into a public building or work and that are produced as complete systems, are evaluated as a single and distinct',
37533:'construction material regardless of when or how the individual parts or components of those systems are delivered to the construction',
37534:'site. 52.2291 52.22521 federal acquisition regulation domestic construction material means the following 1 an unmanufactured construction material mined or produced',
37535:'in the united states. the buy american statute applies. 2 a manufactured construction material that is manufactured in the united',
37536:'states and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced',
37537:'in the united states. section 1605 of the recovery act applies. foreign construction material means a construction material other than',
37538:'a domestic construction material. manufactured construction material means any construction material that is not unmanufactured construction material. steel means an',
37539:'alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements. united',
37540:'states means the 50 states, the district of columbia, and outlying areas. unmanufactured construction material means raw material brought to',
37541:'the construction site for incorporation into the building or work that has not been 1 processed into a specific form',
37542:'and shape; or 2 combined with otherraw materialto createa materialthat has different properties than the properties of the individual raw',
37543:'materials. b domestic preference. 1 this clause implements isection 1605of the american recovery and reinvestment act of 2009 recovery act',
37544:'pub. l. 1115, by requiring, unless an exception applies, that all manufactured construction material in the project is manufactured in',
37545:'the united states and, if the construction material consists wholly or predominantly of iron or steel, the iron or steel',
37546:'was produced in the united states produced in the united states means that all manufacturing processes of the iron or',
37547:'steel must takeplace in the united states, except metallurgical processes involving refinement ofsteel additives; and ii 41 u.s.c chapter 83,',
37548:'buy american, by providing a preference for unmanufactured construction material mined or produced in the unitedstates over unmanufactured construction materialminedor',
37549:'producedin a foreign country. 2 the contractor shall use only domestic construction material in performing this contract, except as provided',
37550:'in paragraph b3 and b4 of this clause. 3 this requirement does not apply to the construction material or components',
37551:'listed by the government as follows: [contracting officer to list applicable excepted materials or indicate none] 4 the contracting officer',
37552:'may add other foreign construction material to the list in paragraph b3 of thisclause if the government determines that i',
37553:'the cost of domestic construction material would be unreasonable; a the cost of domestic manufactured construction material, when compared to',
37554:'the cost of comparable foreign manufactured construction material, is unreasonable when the cumulative cost of such material will increase the',
37555:'cost of the contract by more than 25 percent; b the cost of domestic unmanufactured construction material is unreasonable when',
37556:'the cost of such material exceeds the cost of comparable foreign unmanufactured construction material by more than 20 percent; iithe',
37557:'construction materialis not mined, produced,or manufactured in the united states in sufficientand reasonably available quantities and of a satisfactory quality;',
37558:'iii the application of the restriction of section 1605 of the recovery act to a particular manufactured construction material would',
37559:'be inconsistent with the public interest or the application of the buy american statute to a particular unmanufactured construction material',
37560:'would be impracticable or inconsistent with the public interest. c request for determination of inapplicability of section 1605 of the',
37561:'recovery act or the buy american statute. 1 i any contractor request to use foreign construction material in accordance with',
37562:'paragraph b4 of this clause shall include adequate information for government evaluation of the request, including a a description of',
37563:'the foreign and domestic construction materials; b unit of measure; c quantity; d cost; e time of deliveryor availability; f',
37564:'location of the construction project; g name and address of the proposed supplier; and 52.2292 subpart 52.2 text of provisions',
37565:'and clauses 52.22522 h a detailed justification of the reason for use of foreign construction materials cited in accordance with',
37566:'paragraph b4 of this clause. ii a request based on unreasonable cost shall include a reasonable survey of the market',
37567:'and a completed cost comparison table in the format in paragraph d of this clause. iii the cost of constructionmaterial',
37568:'shall include alldelivery coststo theconstruction site and anyapplicable duty. iv any contractor request for a determination submitted after contract award',
37569:'shall explain why the contractor could not reasonably foresee the need for such determination and could not have requested the',
37570:'determination before contract award. ifthe contractor does notsubmit a satisfactory explanation, the contracting officer need notmake a determination. 2 if',
37571:'the government determines after contract award that an exception to section 1605 of the recovery act or thebuy american statute',
37572:'applies and the contracting officer and thecontractor negotiate adequate consideration, the contracting officerwill modify the contractto allow use of theforeign',
37573:'construction material. however, when the basis for the exception is the unreasonable cost of a domestic construction material, adequate consideration',
37574:'is not less than the differential established in paragraph b4i of this clause. 3 unless the government determines that an',
37575:'exception to section 1605 of the recovery act or the buy american statute applies, use of foreign construction material is',
37576:'noncompliant with section 1605 of the american recovery and reinvestment act or the buy american statute. d data. to permit',
37577:'evaluationof requests under paragraph c of this clause based onunreasonable cost, the contractor shall include the following information and any',
37578:'applicable supporting data based on the survey of suppliers: foreignand domestic construction materials cost comparison construction material description unit of',
37579:'measure quantity cost dollars item 1: foreign construction material domestic construction material item 2: foreign construction material domestic construction material',
37580:'[list name, address, telephone number, and contact for suppliers surveyed. attach copy of response; if oral, attach summary.] [include other',
37581:'applicable supporting information.] [ include all delivery costs to the construction site.] end of clause 52.22522 noticeof required use of',
37582:'american iron, steel, and manufactured goodsbuy american statute construction materials. as prescribed in 25.1102e, insert the following provision: notice of',
37583:'required use of american iron, steel, and manufactured goodsbuy american statuteconstruction materials jan 2021 a definitions. construction material, domestic construction',
37584:'material, foreign construction material, manufacturedconstructionmaterial, steel, and unmanufactured construction material, as used in this provision, are defined in the clause',
37585:'of this solicitation entitled required use of iron, steel, and manufactured goodsbuy american statuteconstruction materials federal acquisitionregulation far clause 52.22521.',
37586:'52.2293 52.22523 federal acquisition regulation b requests for determinations of inapplicability. anofferor requesting adeterminationregardingthe inapplicabilityof section 1605 of the american',
37587:'recovery and reinvestment act of2009 pub. l. 1115recovery act or thebuy american statute should submitthe request to the contracting officer',
37588:'intime to allowa determination before submissionof offers. the offeror shall include theinformation andapplicable supporting data required by paragraphs c and',
37589:'d of theclause at far 52.22521 in the request. if an offeror hasnot requesteda determination regarding the inapplicability ofsection 1605',
37590:'of the recovery act or the buy american statute before submitting its offer, or has not received a response toa',
37591:'previous request, theofferor shall includethe information and supporting datain the offer. cevaluationofoffers. 1 if the government determines that an exception',
37592:'based on unreasonable cost of domestic constructionmaterial applies in accordance with far 25.604, the government will evaluate an offer requestingexception',
37593:'to the requirementsof section 1605 of the recoveryactor the buy american statute by addingto the offered priceof the contract i25',
37594:'percent of the offered price of the contract,if foreignmanufactured construction material is incorporated in the offer based on an exception',
37595:'for unreasonable cost of comparable manufactureddomestic construction material; and ii20 percentof the cost of foreign unmanufacturedconstruction material included in the',
37596:'offer basedon an exception for the unreasonable cost of comparable domestic unmanufactured construction material. 2 if the solicitationspecifiesaward on the',
37597:'basis of factors in additionto cost or price, the contracting officer will apply the evaluation factors as specified in paragraph',
37598:'c1 of this provision and use the evaluated price in determining the offer that represents the bestvalue to the government.',
37599:'3 unlessparagraph c2 of this provisionapplies, if two or moreoffers areequal in price, the contractingofficer will givepreferenceto anoffer that does',
37600:'not include foreign constructionmaterial exceptedat the request of the offeror on the basis of unreasonable cost of comparable domestic construction',
37601:'material. dalternateoffers. 1whenanofferincludesforeignconstructionmaterialnotlistedbythegovernmentinthis solicitation in paragraph b3 of the clause atfar 52.22521, theofferor alsomay submit an alternate offer based onuse',
37602:'of equivalent domestic construction material. 2 if an alternate offer issubmitted,the offeror shall submita separate standardform 1442 for the alternate',
37603:'offer and a separate cost comparisontable prepared in accordance with paragraphs c and d of the clause atfar 52.22521 for',
37604:'theoffer that is based on the useof any foreign construction material for which the government has not yetdetermined an exception',
37605:'applies. 3 if the government determines that a particular exception requested in accordance with paragraph c of the clause at',
37606:'far 52.22521 does not apply, the government willevaluateonlythose offers based on use of the equivalent domestic constructionmaterial, and the offeror',
37607:'shall be required tofurnish such domestic construction material. anoffer based on use of the foreign construction material for which an',
37608:'exception was requested iwill be rejected asnonresponsiveif this acquisition is conducted by sealedbidding; or ii may be accepted if revised',
37609:'during negotiations. end of provision alternate i may 2014. as prescribed in 25.1102 e, substitute the following paragraph b for',
37610:'paragraph b of the basic provision: brequests for determinations of inapplicability. an offeror requesting a determination regarding the inapplicability of',
37611:'section 1605 of the american recovery and reinvestment act of2009 pub. l. 1115recovery act or thebuy american statute shall submitthe',
37612:'request with itsoffer, includingthe information and applicable supporting data required by paragraphs c and d of the clause at far',
37613:'52.22521. 52.22523 requireduse of american iron, steel,and manufacturedgoodsbuy american statuteconstruction materials under trade agreements. as prescribed in 25.1102e, insert the',
37614:'following clause: required use of american iron, steel, and manufactured goodsbuy american statuteconstruction materials under trade agreements nov 2023 a',
37615:'definitions. as used in this clause— component means an article, material, or supply incorporated directly into a construction material. 52.2294',
37616:'subpart 52.2 text of provisions and clauses 52.22523 construction material means an article, material, or supply brought to the construction',
37617:'site by the contractor or subcontractor for incorporation into the building or work. the term also includes an item brought',
37618:'to the site preassembled from articles, materials, orsupplies. however, emergency lifes afety systems, such as emergency lighting,fire alarm, and audio',
37619:'evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems,',
37620:'are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of',
37621:'those systems are delivered to the construction site. designated country means any of the following countries: 1 a world trade',
37622:'organization government procurement agreement wtogpa countryarmenia, aruba, australia, austria, belgium, bulgaria, canada, croatia, cyprus, czech republic, denmark, estonia, finland, france,',
37623:'germany, greece,hongkong, hungary, iceland, ireland, israel, italy,japan, korea republic of, latvia, liechtenstein, lithuania, luxembourg, malta, moldova, montenegro, netherlands, new zealand,',
37624:'north macedonia, norway, poland, portugal, romania, singapore, slovakrepublic, slovenia, spain, sweden, switzerland, taiwan, ukraine, or united kingdom; 2 a free',
37625:'trade agreementftacountry australia, bahrain, chile, colombia, costa rica, dominicanrepublic, el salvador, guatemala,honduras, korea republic of, mexico, morocco,nicaragua, oman, panama,peru, or',
37626:'singapore; 3 a least developed country afghanistan, angola, bangladesh, benin, bhutan, burkina faso, burundi, cambodia, central african republic, chad, comoros,',
37627:'democratic republic of congo, djibouti, equatorial guinea, eritrea, ethiopia, gambia, guinea, guineabissau, haiti, kiribati, laos, lesotho, liberia, madagascar, malawi, mali,',
37628:'mauritania, mozambique, nepal,niger, rwanda, samoa, sao tome and principe, senegal,sierra leone, solomon islands, somalia, south sudan, tanzania, timorleste, togo,tuvalu, uganda,',
37629:'vanuatu, yemen, or zambia; or 4 a caribbean basin country antiguaandbarbuda, aruba, bahamas, barbados, belize, bonaire, british virgin islands, curacao,',
37630:'dominica,grenada, guyana, haiti, jamaica,montserrat,saba, st. kitts and nevis, st. lucia, st. vincent and the grenadines,sinteustatius, sint maarten, ortrinidad and tobago.',
37631:'designated country construction material means aconstruction material that is a wto gpa country construction material, an fta country construction material,',
37632:'a least developed country construction material, or a caribbean basin country construction material. domestic construction material means the following: 1',
37633:'an unmanufactured construction material mined or produced in the united states. the buy american statute applies. 2 a manufactured construction',
37634:'material that is manufactured in the united states and, if the construction material consists wholly or predominantly of iron or',
37635:'steel, the iron or steel was produced in the united states. section 1605 of the recovery act applies. foreign construction',
37636:'material means a construction material other than a domestic construction material. free trade agreement fta country construction material means a',
37637:'construction material that 1 is wholly the growth, product,or manufactureof an fta country; or 2 in the case of a',
37638:'construction materialthat consists in wholeor in part of materials from another country, hasbeen substantially transformed in an fta countryinto a',
37639:'new and different construction material distinct fromthe materials from which it was transformed. least developed country construction material means a',
37640:'construction material that 1 is wholly the growth, product, or manufacture of a least developed country; or 2 in the',
37641:'case of a construction materialthat consists in wholeor in part of materials from another country, hasbeen substantially transformed in a',
37642:'least developed country into a new and different construction material distinct from the materials from which it was transformed. manufactured',
37643:'construction material means any construction material that is not unmanufactured construction material. nondesignated country means a country other than the',
37644:'united states or a designatedcountry. recovery act designated country means any of the following countries: 1 a world trade organization',
37645:'government procurement agreement wtogpa countryarmenia, aruba, australia, austria, belgium, bulgaria, canada, croatia, cyprus, czech republic, denmark, estonia, finland, france, germany,',
37646:'greece,hongkong, hungary, iceland, ireland, israel, italy,japan, korea republic of, latvia, liechtenstein, lithuania, luxembourg, malta, moldova, montenegro, netherlands, new zealand, norway,',
37647:'poland, portugal, romania, singapore, slovakrepublic, slovenia, spain, sweden, switzerland, taiwan, ukraine, or united kingdom; 2 a free trade agreementcountry fta',
37648:'australia, bahrain, chile, colombia, costa rica, dominicanrepublic, el salvador, guatemala,honduras, korea republic of, mexico, morocco,nicaragua, oman, panama,peru, or singapore;or 52.2295',
37649:'52.22523 federal acquisition regulation 3 a least developed country afghanistan, angola, bangladesh, benin, bhutan, burkina faso, burundi, cambodia, central african',
37650:'republic, chad, comoros, democratic republic of congo, djibouti, equatorial guinea, eritrea, ethiopia, gambia, guinea, guineabissau, haiti, kiribati, laos, lesotho, liberia,',
37651:'madagascar, malawi, mali, mauritania, mozambique, nepal,niger, rwanda, samoa, sao tome and principe, senegal,sierra leone, solomon islands, somalia, south sudan, tanzania,',
37652:'timorleste, togo,tuvalu, uganda, vanuatu, yemen, or zambia. recovery act designated country construction material means a constructionmaterial that is awto gpa',
37653:'country constructionmaterial, an ftacountry construction material, or a least developed country construction material. steel means an alloy that includes at',
37654:'least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements. united states means the 50',
37655:'states, the district of columbia, and outlying areas. unmanufactured construction material means raw material brought to the construction site for',
37656:'incorporation into the building or work that has not been 1 processed into a specific form and shape; or 2',
37657:'combined with otherraw materialto createa materialthat has different properties than the properties of the individual raw materials. wto gpa country',
37658:'construction material means a construction material that 1 is wholly the growth, product,or manufactureof awtogpa country; or 2 in the',
37659:'case of a construction materialthat consists in wholeor in part of materials from another country, hasbeen substantially transformed in a',
37660:'wto gpa country intoa new and different construction material distinctfrom the materials from which it was transformed. b construction materials.',
37661:'1 the restrictions of section 1605 of the american recovery and reinvestment act of 2009 pub. l. 1115recovery act do',
37662:'not apply to recoveryactdesignated countrymanufactured constructionmaterial. the restrictions of the buy american statute do not apply to designated country unmanufactured',
37663:'construction material. consistent with u.s. obligations under international agreements, this clause implements i section 1605 of the recovery act by',
37664:'requiring, unless an exception applies, that all manufactured construction material in the project is manufactured in the united states and,',
37665:'if the construction material consists wholly or predominantly of iron or steel, the iron or steel was produced in the',
37666:'united states produced in the united states means that all manufacturing processes ofthe iron or steelmust take place in the',
37667:'unitedstates, except metallurgical processes involving refinement of steel additives; and. ii the buy american statute by providing a preference for',
37668:'unmanufactured construction material mined or produced in the united states over unmanufacturedconstruction material mined orproduced in anondesignated country. 2 the',
37669:'contractor shall use only domestic construction material, recovery act designated country manufactured construction material, or designated country unmanufactured construction material',
37670:'in performing this contract, except as provided in paragraphs b3 and b4 of this clause. 3 the requirement in paragraph',
37671:'b2 of this clause does not apply to the construction materials or components listed by the government as follows: [contracting',
37672:'officer to list applicable excepted materials or indicate none.] 4 the contracting officer may add other construction material to the',
37673:'list in paragraph b3 of this clause ifthe government determines that i the cost of domestic construction material would be',
37674:'unreasonable; a the cost of domestic manufactured construction material is unreasonable when the cumulative cost of such material, when compared',
37675:'to the cost of comparable foreign manufactured construction material, other than recovery act designated country construction material, will increase the',
37676:'overall cost of the contract by more than 25 percent; b the cost of domestic unmanufactured construction material is unreasonable',
37677:'when the cost of such material exceeds the cost of comparable foreign unmanufactured construction material, other than designated country construction',
37678:'material, by more than 20 percent; iithe construction materialis not mined, produced,or manufactured in the united states in sufficientand reasonably',
37679:'available commercial quantities of a satisfactory quality; or iii the application of the restriction of section 1605 of the recovery',
37680:'act to a particular manufactured construction material would be inconsistent with the public interest or the application of the buy',
37681:'american statute to a particular unmanufactured construction material would be impracticable or inconsistent with the public interest. c request for',
37682:'determination of inapplicability of section 1605 of the recovery act or the buy american statute. 52.2296 subpart 52.2 text of',
37683:'provisions and clauses 52.22523 1 i any contractor request to use foreign construction material in accordance with paragraph b4 of',
37684:'this clause shall include adequate information for government evaluation of the request, including a a description of the foreign and',
37685:'domestic construction materials; b unit of measure; c quantity; d cost; e time of deliveryor availability; f location of the',
37686:'construction project; g name and address of the proposed supplier; and h a detailed justification of the reason for use',
37687:'of foreign construction materials cited in accordance with paragraph b4 of this clause. ii a request based on unreasonable cost',
37688:'shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph d',
37689:'of this clause. iii the cost of constructionmaterial shall include alldelivery coststo theconstruction site and anyapplicable duty. iv any contractor',
37690:'request for a determination submitted after contract award shall explain why the contractor could not reasonably foresee the need for',
37691:'such determination and could not have requested the determination before contract award. ifthe contractor does notsubmit a satisfactory explanation, the',
37692:'contracting officer need notmake a determination. 2 if the government determines after contract award that an exception to section 1605',
37693:'of the recovery act or thebuy american statute applies and the contracting officer and thecontractor negotiate adequate consideration, the contracting',
37694:'officerwill modify the contractto allow use of theforeign construction material. however, when the basis for the exception is the unreasonable',
37695:'cost of a domestic construction material, adequate consideration is not less than the differential established in paragraph b4i of this',
37696:'clause. 3 unless the government determines that an exception to section 1605 of the recovery act or the buy american',
37697:'statute applies, use of foreign construction material other than manufactured construction material from a recovery act designated country or unmanufactured',
37698:'construction material from a designated country is noncompliant with the applicable statute. d data. to permit evaluationof requests under paragraph',
37699:'c of this clause based onunreasonable cost, the contractor shall include the following information and any applicable supporting data based',
37700:'on the survey of suppliers: foreign nondesignated country and domestic construction materials cost comparison construction material description unit of measure',
37701:'quantity cost dollars item 1: foreign construction material domestic construction material item 2: foreign construction material domestic construction material [list',
37702:'name, address, telephone number, and contact for suppliers surveyed. attach copy of response; if oral, attach summary.] [include other applicable',
37703:'supporting information.] [ include all delivery costs to the construction site.] end of clause alternate i nov 2023 . as',
37704:'prescribed in 25.1102 e, add the following definition of bahraini, mexican, or omani construction material to paragraph a of the',
37705:'basic clause, and substitute the following paragraphs b1 and b2 for paragraphs b1 and b2 of the basic clause: 52.2297',
37706:'52.22524 federal acquisition regulation bahraini, mexican, or omani construction material means a construction material that 11 is wholly the growth,',
37707:'product, or manufacture of bahrain, mexico, or oman; or 2 2 in the case of a construction materialthat consists in',
37708:'wholeor in part of materials from another country, has been substantially transformed in bahrain,mexico,or oman intoa new and different construction',
37709:'materialdistinct from the materials from which it was transformed. b construction materials. 1 the restrictions of section 1605 of the',
37710:'american recovery and reinvestment act of 2009 pub. l. 1115recovery act do not apply to recoveryactdesignated countrymanufactured constructionmaterial. the restrictions',
37711:'of the buy american statute do not apply to designated country unmanufactured construction material. consistent with u.s. obligations under international',
37712:'agreements, this clause implements i section 1605 of the recovery act, by requiring, unless an exception applies, that all manufactured',
37713:'construction material in the project is manufactured in the united states and, if the construction material consists wholly or predominantly',
37714:'of iron or steel, the iron or steel was produced in the united states produced in the united states means',
37715:'that all manufacturing processes ofthe iron or steelmust take place in the unitedstates, except metallurgical processes involving refinement of steel',
37716:'additives; and ii the buy american statute by providing a preference for unmanufactured construction material mined or produced in the',
37717:'unitedstates over unmanufactured construction materialminedor producedin a nondesignated country. 2 the contractor shall use only domestic construction material, recovery act',
37718:'designated country manufactured construction material, or designated country unmanufactured construction material, other than bahraini, mexican, or omani construction material, in',
37719:'performing this contract, except as provided in paragraphs b3 and b4 of this clause. 52.22524 noticeof required use of american',
37720:'iron, steel, and manufactured goodsbuy american statute construction materials under trade agreements. as prescribed in 25.1102e, insert the following provision:',
37721:'notice of required use of american iron, steel, and manufactured goodsbuy american statuteconstruction materials under trade agreements jan 2021 a',
37722:'definitions. construction material, domestic construction material, foreign construction material, manufactured construction material, recovery act designated country construction material, steel, and',
37723:'unmanufactured construction material, as used in this provision, are defined in the clause of this solicitation entitled required use of',
37724:'iron, steel, and manufactured goodsbuy american statuteconstruction materials under trade agreements federal acquisition regulation far clause 52.22523. b requests for',
37725:'determination of inapplicability. an offeror requesting adetermination regardingthe inapplicabilityof section 1605 of the american recovery and reinvestment act of2009 pub.',
37726:'l. 1115recovery act or thebuy american statute should submitthe request to the contracting officer intime to allowa determination before submissionof',
37727:'offers. the offeror shall include the information and applicablesupporting data required byparagraphs c and d of far clause 52.22523 in',
37728:'the request. if an offeror has not requested a determination regarding the inapplicability of section 1605 of the recovery act',
37729:'or the buy american statute before submitting its offer, or has not received a response toa previous request, theofferor shall',
37730:'includethe information and supporting datain the offer. c evaluation of offers. 1 if the government determines that an exception based',
37731:'on unreasonable cost of domestic constructionmaterial applies in accordance with far 25.604, the government will evaluate an offer requestingexception to',
37732:'the requirementsof section 1605 of the recoveryactor the buy american statute by addingto the offered priceof the contract i25 percent',
37733:'of the offered price of the contract,if foreignmanufactured construction material is includedin the offer based on an exception for the',
37734:'unreasonable cost of comparablemanufactured domestic construction material; and ii20 percentof the cost of foreign unmanufacturedconstruction material included in the offer',
37735:'basedon an exception for the unreasonable cost of comparable domestic unmanufactured construction material. 2 if the solicitationspecifiesaward on the basis',
37736:'of factors in additionto cost or price, the contracting officer will apply the evaluation factors as specified in paragraph c1',
37737:'of this provision and use the evaluated cost or price in determining the offer that represents the best value to',
37738:'the government. 3 unlessparagraph c2 of this provisionapplies, if two or moreoffers areequal in price, the contractingofficer will givepreferenceto anoffer',
37739:'that does not include foreign constructionmaterial exceptedat the request of the offeror on the basis of unreasonable cost. 52.2298 subpart',
37740:'52.2 text of provisions and clauses 52.22525 d alternateoffers. 1 whenan offer includes foreign construction material, other than recovery act',
37741:'designated country constructionmaterial, that isnot listed by thegovernment in this solicitation inparagraph b3 of far clause 52.22523, theofferor alsomay submit',
37742:'an alternate offer based onuse of equivalent domesticor recoveryactdesignated country construction material. 2 if an alternate offer issubmitted,the offeror shall',
37743:'submita separate standardform 1442 for the alternate offer and a separate cost comparisontable prepared in accordance withparagraphs c and d',
37744:'of far clause 52.22523 for the offer that is based on the use of any foreign construction material for which',
37745:'the government has not yet determined an exception applies. 3 if the government determines thata particular exception requested in accordance',
37746:'with paragraphc of far clause 52.22523 does not apply, thegovernmentwill evaluate only those offers based onuse ofthe equivalentdomestic or recovery',
37747:'act designated country construction material, and the offerorshallbe required to furnishsuch domestic or recovery act designated country construction material. an',
37748:'offer based on use of theforeign construction material for which an exception was requested iwill be rejected asnonresponsiveif this acquisition',
37749:'is conducted by sealedbidding; or ii may be accepted if revised during negotiations. end of provision alternate i may 2014.',
37750:'as prescribed in 25.1102 e, substitute the following paragraph b for paragraph b of the basic provision: b requests for',
37751:'determination of inapplicability. an offeror requesting a determination regarding theinapplicability of section 1605 of the american recovery and reinvestment act',
37752:'of2009 pub. l. 1115recovery act or thebuy american statute shall submitthe request with itsoffer, includingthe information and applicable supporting data',
37753:'required by paragraphs c and d of far clause 52.22523. alternate ii nov 2023 . as prescribed in 25.1102 e,',
37754:'add the definition of bahraini, mexican, or omani construction material to paragraph a and substitute the following paragraph d for',
37755:'paragraph d of the basic provision: d alternate offers. 1 whenan offer includes foreign construction material, except foreignconstruction material from',
37756:'a recovery act designated country other than bahrain, mexico, or oman that is not listed by the government in this',
37757:'solicitation in paragraph b3 of far clause 52.22523, the offeror also may submit an alternate offer basedon useof equivalent domestic',
37758:'or recovery act designated country construction material other than bahraini, mexican, or omani construction material. 2 if an alternate offer',
37759:'issubmitted,the offerorshallsubmit a separate standard form 1442 for the alternateoffer and a separate cost comparisontable prepared in accordance withparagraphs c',
37760:'and d of far clause 52.22523 for the offer that is based on the use of any foreign construction material',
37761:'for which the government has not yet determined an exception applies. 3 if the government determines thata particular exception requested',
37762:'in accordance with paragraphc of far clause 52.22523 does not apply, thegovernmentwill evaluate only those offers based onuse ofthe equivalentdomestic',
37763:'or recovery act designated country construction material other than bahraini, mexican, or omani construction material. an offer based on use',
37764:'of the foreign construction materialforwhich an exception was requested iwill be rejected asnonresponsiveif this acquisition is conducted by sealedbidding; or',
37765:'ii may be accepted if revised during negotiations. 52.22525 prohibitionon contractingwith entities engaging in certain activities or transactions relatingto iran—',
37766:'representationand certifications. as prescribed at 25.1103e, insert the following provision: prohibition on contracting with entities engaging in certain activities or',
37767:'transactions relating to iran—representation and certifications jun 2020 a definitions. as used in this provision person— 1 means– i a',
37768:'natural person; 52.2299 52.22526 federal acquisition regulation iiacorporation, business association, partnership, society, trust, financialinstitution, insurer, underwriter, guarantor,andany otherbusiness organization, any',
37769:'other nongovernmentalentity, organization,or group, and any governmental entity operating as a business enterprise; and iii any successor to any entity',
37770:'described in paragraph 1ii of this definition; and 2 does not include a government or governmental entity that is not',
37771:'operating as a business enterprise. sensitive technology 1 means hardware, software, telecommunications equipment, or any other technology that is to',
37772:'be used specifically ito restrict the freeflow of unbiased information in iran; or iito disrupt, monitor, or otherwise restrict speech',
37773:'of the peopleof iran; and 2 does not include information or informational materials the export of which the president does',
37774:'not have the authorityto regulate or prohibit pursuant to section203b3 of the internationalemergency economic powers act 50 u.s.c. 1702b3. b',
37775:'the offeror shall email questions concerning sensitivetechnology to the department of stateat cisada106@state.gov. c except as provided in paragraph d',
37776:'of this provision or if a waiver has been granted in accordance with federal acquisition regulationfar 25.7034, by submission of',
37777:'its offer, theofferor— 1 represents, tothe best of its knowledge and belief, that the offeror does notexport any sensitive technology',
37778:'to thegovernment of iran orany entities or individuals owned or controlled by, or acting onbehalf or atthe direction of, the',
37779:'government of iran; 2 certifies that theofferor,or any person owned or controlled bythe offeror, doesnot engage in any activities for',
37780:'which sanctions may be imposed under section 5 of the iran sanctions act. these sanctioned activities are in the areas',
37781:'of development of the petroleum resources of iran, production of refined petroleum products in iran, sale and provision of refined',
37782:'petroleum products to iran, and contributing to irans ability to acquire or develop certain weapons or technologies; and 3 certifies',
37783:'that theofferor,and any person ownedor controlled by the offeror, does not knowingly engage in any transaction that exceeds the threshold',
37784:'at far 25.7032a2 withirans revolutionary guard corps or any of its officials, agents, or affiliates, the property and interestsin property',
37785:'of which are blockedpursuant to the international emergency economic powers act 50 u.s.c. 1701 et seq.see ofacsspecially designated nationals and',
37786:'blockedpersonslist at https://www.treasury.gov/resourcecenter/sanctions/sdnlist/pages/default.aspx. d exception for trade agreements. the representation requirement of paragraph c1 and the certification requirements of paragraphs',
37787:'c2 and c3 of this provision do not apply if 1 this solicitation includes a trade agreements notice or certification',
37788:'e.g., 52.2254, 52.2256, 52.22512, 52.22524, or comparable agency provision; and 2 the offeror has certified that all the offeredproducts to',
37789:'be supplied aredesignated country end products or designated country construction material. end of provision 52.22526 contractors performing private security functions',
37790:'outside the united states. as prescribed in 25.3026insert the following clause: contractors performing private security functions outside the united states',
37791:'oct 2016 a definition. as used in this clause area of combat operations means an area of operations designated as',
37792:'such by the secretary of defense when enhanced coordination of contractors performing private security functions working for government agencies is',
37793:'required full cooperation– 1 means disclosure to the governmentof the information sufficient to identify the natureandextent of theincident and the',
37794:'individuals responsible for the conduct. it includes providing timely and complete responses to government auditors and investigators requests for documents',
37795:'and access to employees with information; 2 does not foreclose any contractor rights arising in law, the far, or the',
37796:'terms of the contract. it does notrequire– ithe contractorto waive its attorneyclient privilege or the protections afforded by theattorney work',
37797:'product doctrine; or 52.2300 subpart 52.2 text of provisions and clauses 52.22526 iiany officer,director, owner, oremployee of the contractor, including',
37798:'a sole proprietor, to waivehisor her attorneyclient privilege or fifth amendment rights; and 3 does not restrict the contractor from–',
37799:'i conducting an internal investigation; or ii defending a proceeding or dispute arising under the contract or related to a',
37800:'potential or disclosed violation. other significant military operations means activities, other than combat operations, as part of a contingency operation',
37801:'outside the united states that is carried out by united states armed forces in an uncontrolled or unpredictable highthreat environment',
37802:'where personnel performing security functions may be called upon to use deadly force. private security functions means activities engaged inby',
37803:'acontractor, as follows: 1 guardingof personnel, facilities, designated sites,or property of a federal agency, the contractor or subcontractor, or a',
37804:'third party. 2 any other activity for which personnel are required to carry weapons in the performance of their duties',
37805:'in accordance with the terms of this contract. b applicability. if this contract is performed both in a designated area',
37806:'and in an area that is not designated, the clause only applies to performance in the following designated areas 1',
37807:'combat operations, as designated by the secretary of defense; or 2 other significant military operations, as designated by the secretary',
37808:'of defense, and only upon agreement of the secretary of defense and the secretary of state. c requirements. the contractor',
37809:'is required to 1 ensure that all employees of the contractor who are responsible for performing private security functions under',
37810:'this contract comply with 32 cfr part 159, and with any orders, directives, and instructions to contractors performing private security',
37811:'functions that are identified in the contract for iregistering, processing, accounting for, managing, overseeing, and keeping appropriate records of personnel',
37812:'performing private security functions; ii authorizing and accounting for weapons to be carried by or available to be used by',
37813:'personnel performing private security functions; iii registering and identifying armored vehicles, helicopters, and other military vehicles operated by contractors performing',
37814:'private security functions; and iv reporting incidents in which aaweapon is discharged by personnelperforming private security functions; b personnel performing',
37815:'private security functions are attacked, killed, or injured; c persons are killed or injured or property is destroyed as a',
37816:'result of conduct by contractor personnel; daweapon is discharged against personnel performing private security functions or personnel performing suchfunctions believe',
37817:'a weapon was so discharged; or e active, nonlethal countermeasures other than the discharge of a weaponare employed by personnel',
37818:'performing private security functions in response to a perceived immediate threat; 2 ensure that the contractor and all employees of',
37819:'the contractor who are responsible for performing private security functions under this contract are briefed on and understand their obligation',
37820:'to comply with i qualification, training, screening including, if applicable, thorough background checks, and security requirements established by 32 cfr',
37821:'part 159, private security contractors operating in contingency operations; ii applicable laws and regulations of the united states and the',
37822:'host country and applicable treaties and international agreements regarding performance of private security functions; iii orders, directives, and instructions issued',
37823:'by the applicable commander of a combatant command or relevant chief of mission relating to weapons, equipment, force protection, security,',
37824:'health, safety, or relations and interaction with locals; and iv rules on the use of force issued by the applicable',
37825:'commander of a combatant command or relevant chief of mission for personnel performing private security functions; and 3 provide full',
37826:'cooperation with any governmentauthorized investigation of incidents reported pursuant to paragraph c1iv of this clause and incidents of alleged misconduct',
37827:'by personnel performing private security functions under this contract by providing i access to employees performing private security functions; and',
37828:'ii relevant information in the possession of the contractor regarding the incident concerned. d remedies. in addition to other remedies',
37829:'available to the government52.2 301 52.22526 federal acquisition regulation 1 the contracting officer may direct the contractor, at its own',
37830:'expense,to removeand replace any contractoror subcontractor personnel performing private security functions who fail to comply with or violate applicable requirements',
37831:'of this clause or 32 cfr part 159. such action may be taken at the governments discretion without prejudice to',
37832:'its rights under any other provision of this contract. 2 the contractor’s failure to comply with the requirements of this',
37833:'clause will beincluded inappropriatedatabases of past performance and considered in any responsibility determination or evaluation of past performance; and 3',
37834:'if this is an awardfee contract, the contractors failure to comply with the requirements of this clause shall be considered',
37835:'in the evaluation of the contractors performance during the relevant evaluation period, and the contracting officer may treatsuch failure tocomply',
37836:'as a basis for reducingor denying award fees for suchperiod or for recovering all or part of award fees previously',
37837:'paid for such period. e rule of construction. the duty of the contractor to comply with the requirements of this',
37838:'clause shall not be reduced or diminished by the failure of a higher or lowertier contractor or subcontractor to comply',
37839:'with the clause requirements or by a failure of the contracting activity to provide required oversight. f subcontracts. the contractor',
37840:'shall include the substance of this clause, including this paragraph f, in all subcontracts that will be performed outside the',
37841:'united states in areas of 1 combat operations, as designated by the secretary of defense; or 2 other significant military',
37842:'operations, upon agreement of the secretaries of defense and state that the clause applies in that area. end of clause',
37843:'52.2302 subpart 52.2 text of provisions and clauses 52.2262 52.226[reserved] 52.2261 utilization of indian organizations and indianowned economic enterprises. as',
37844:'prescribed in 26.104, insert the following clause: utilization of indian organizations and indianowned economic enterprises june 2000 a definitions. as',
37845:'used in this clause: indian means any person who is a member of any indian tribe, band, group, pueblo, or',
37846:'community that is recognized by the federal government as eligible for services from the bureau of indian affairs bia inaccordancewith',
37847:'25 u.s.c. 1452c and any native as defined in the alaska native claims settlement act 43 u.s.c. 1601. indian organization',
37848:'means the governing body of any indian tribe or entity established or recognized by the governing body of an indian',
37849:'tribe for the purposes of 25 u.s.c., chapter 17. indianowned economic enterprise means any indianowned as determined by the secretary',
37850:'of the interior commercial, industrial, or businessactivity establishedor organized for the purpose of profit, provided that indian ownership constitutes not',
37851:'less than 51 percent of the enterprise. indian tribe means any indiantribe, band, group, pueblo, or community,including native villages and',
37852:'native groups including corporations organized by kenai, juneau, sitka, and kodiak as definedin the alaska native claims settlement act, that',
37853:'is recognized by the federal government as eligible for services from bia in accordance with 25 u.s.c. 1452c. interested party',
37854:'means aprimecontractor or an actual or prospective offeror whose direct economicinterest would be affected bythe award ofa subcontract or by',
37855:'the failure to awarda subcontract. b the contractor shall use its best efforts togive indian organizations and indianowned economic enterprises25',
37856:'u.s.c. 1544 the maximum practicable opportunity to participate in the subcontracts it awards to the fullest extent consistent with efficient',
37857:'performance of itscontract. 1 the contracting officer and the contractor, acting ingood faith, may relyon the representationof an indian organizationor',
37858:'indianowned economicenterpriseas to its eligibility,unlessan interested party challenges its status or the contracting officerhas independent reason to question thatstatus. in',
37859:'theeventof achallenge to the representation of a subcontractor,the contracting officerwill refer the matterto the u.s. department of the interior bureau',
37860:'of indian affairs bia attn: chief, division of contracting and grants administration 1849 c street,nw, ms2626mib washington,dc 202404000. the biawill',
37861:'determine the eligibility and notify thecontracting officer. no incentive payment willbe made within 50 working days of subcontract award or',
37862:'while a challenge is pending. if a subcontractor is determined to be an ineligible participant, no incentive payment will be',
37863:'made under the indian incentive program. 2 the contractor may request an adjustment under the indian incentive program to the',
37864:'following: i the estimated cost of a costtype contract. iithe targetcostof acostplusincentivefee prime contract. iii the target costand ceiling price',
37865:'of a fixedprice incentive prime contract. iv the price of a firmfixedprice prime contract. 3 the amount of the adjustment',
37866:'to the prime contract is 5percent ofthe estimated cost, target cost, or firmfixedprice includedin the subcontract initially awarded to the',
37867:'indian organization or indianowned economic enterprise. 4 the contractor has the burden of proving the amount claimed and must assert',
37868:'its request for an adjustment prior to completion of contract performance. c thecontracting officer,subject to the terms and conditions of',
37869:'thecontract andthe availability of funds, will authorize anincentive payment of 5percent ofthe amount paid to the subcontractor. the contracting officer',
37870:'will seek funding in accordance with agency procedures. end of clause 52.2262historically black college oruniversity andminority institution representation. as prescribed',
37871:'in 26.304, insert the following provision: historically black college or university and minority institution representation oct 2014 52.2303 52.2263 federal',
37872:'acquisition regulation a definitions. as used in this provision— historically black college or university means an institution determined by the',
37873:'secretary of education to meet the requirements of 34 cfr 608.2. minority institution means an institution of higher education meeting',
37874:'the requirements of section 3653 of the higher education act of1965 20 u.s.c. 1067k, including a hispanicserving institution of higher',
37875:'education, as defined in section502a of the act 20 u.s.c. 1101a. b representation. the offerorrepresents that it— □ is □',
37876:'is not a historically black college or university; □ is □ is not a minority institution. end of provision 52.2263disaster',
37877:'or emergency area representation. as prescribed in 26.206a, insert the following provision: disaster or emergency area representation nov 2007 a',
37878:'setaside area. the area covered in this contract is: [contracting officer to fill in with definite geographic boundaries.] b representations.',
37879:'the offeror represents that it □ does □ does not reside or primarily do business in the designated set aside',
37880:'area. c an offeroris considered to be residingor primarily doing business inthe setaside area if, during the last twelve months',
37881:'1 the offeror had its main operating office in the area; and 2 that office generated at least halfof the',
37882:'offeror’sgross revenues and employed at least halfof the offeror’s permanent employees. d if the offerordoes not meet the criteriain paragraph',
37883:'c of thisprovision, factors to be considered in determining whether anofferor resides or primarily does businessin thesetasidearea include 1 physical',
37884:'locations of theofferor’s permanent offices and date any office in the setaside areas was established; 2 current state licenses; 3',
37885:'record of past work in the setaside areas e.g., how much and for how long; 4 contractual history the offeror',
37886:'has had with subcontractorsand/or suppliers in the setaside area; 5 percentage of the offeror’s gross revenuesattributable to work performedin the',
37887:'setaside area; 6 number of permanent employees theofferor employs in the setaside area; 7 membership in local and state organizations',
37888:'in the setaside area;and 8 otherevidence that establishes theofferor resides or primarily doesbusinessin the setaside area. for example, sole proprietorships',
37889:'may submit utility bills and bank statements. e if the offeror represents it resides or primarily does businessin thesetasidearea, the',
37890:'offeror shall furnish documentation to support its representation if requested by the contracting officer. the solicitationmay require the offeror to',
37891:'submitwith its offer documentationto support the representation. end of provision 52.2264notice of disaster or emergency area setaside. as prescribed in',
37892:'26.206b, insert the following clause: notice of disaster or emergency area setaside nov 2007 a setaside area. offers are solicited',
37893:'only frombusinesses residing or primarily doing businessin [contracting officer to fill in with definite geographic boundaries.] offers received fromother businesses',
37894:'shall not beconsidered. 52.2304 subpart 52.2 text of provisions and clauses 52.2266 b this setaside is in addition to any',
37895:'small business setaside contained in this contract. end of clause 52.2265restrictions onsubcontracting outside disaster or emergencyarea. as prescribed in 26.206c,',
37896:'insert the following clause: restrictions on subcontracting outside disaster or emergency area nov 2007 a definitions. the definitions of the',
37897:'following terms used in this clause are found in the small business administration regulations at 13 cfr 125.6e: cost of',
37898:'the contract, cost of contract performance incurred for personnel, cost of manufacturing, cost of materials, personnel, and subcontracting. b the',
37899:'contractor agrees that in performance of the contract in the case of a contract for 1 services except construction. at',
37900:'least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the contractor',
37901:'or employees of other businesses residing or primarily doing business in the area designated in the clause at far 52.2264,',
37902:'noticeof disaster oremergency areasetaside; 2 supplies other than procurement from a nonmanufacturer of such supplies. the contractor or employees of',
37903:'other businesses residing or primarily doing business in the setaside area shall perform work for at least 50 percent of',
37904:'the cost of manufacturing the supplies, not including the cost of materials; 3 general construction. the contractor will perform at',
37905:'least 15 percent of the cost of the contract, not including the cost of materials, with its own employees or',
37906:'employees of other businesses residing or primarily doing business in the set aside area; or 4 construction by special trade',
37907:'contractors. the contractor will perform at least 25 percent of the cost of the contract, not including the cost of',
37908:'materials, with its own employees or employees of other businesses residing or primarily doing business in the setaside area. end',
37909:'of clause 52.2266promoting excess food donation to nonprofit organizations. as prescribed in 26.404, insert the following clause: promoting excess food',
37910:'donation to nonprofit organizations jun 2020 a definitions. as used in this clause apparently wholesome food means food that meets',
37911:'all quality and labeling standards imposed by federal, state, and local laws and regulations even though the food may not',
37912:'be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. excess food means food that 1',
37913:'is not required to meet the needs of the executive agencies; and 2 would otherwise be discarded. foodinsecure means inconsistent',
37914:'access to sufficient, safe,andnutritiousfood. nonprofit organization means any organization that is— 1 described in section 501c of the internal revenue',
37915:'code of 1986; and 2 exempt from tax under section 501a of that code. b in accordance with the federal',
37916:'food donation act of 2008 42 u.s.c. 1792, the contractor is encouraged, to the maximumextent practicable andsafe, to donateexcess, apparentlywholesome',
37917:'food to nonprofit organizationsthat provide assistance to foodinsecure people in the united states. c costs. 1 the contractor, including any',
37918:'subcontractors, shall assume the responsibility for all the costsand the logistical support to collect, transport, maintain the safety of, or',
37919:'distribute the excess, apparently wholesome food to the nonprofit organizations that providesassistance to foodinsecure people. 2 the contractor will not',
37920:'be reimbursed for any costs incurred or associated with the donation of excess foods. any costs incurred for excess food',
37921:'donations are unallowable. 52.2305 52.2267 federal acquisition regulation d liability. the government and the contractor, including any subcontractors, shall be',
37922:'exempt from civil and criminal liability to the extent provided under the bill emerson good samaritan food donation act 42',
37923:'u.s.c. 1791. nothing in this clause shall be construed to supersede state or local health regulations subsection f of 42',
37924:'u.s.c. 1791. e subcontracts. the contractor shall insert this clause in all contracts, task orders, delivery orders, purchase orders, and',
37925:'other similar instruments that exceed the threshold specified in federal acquisition regulation 26.404 on the date of subcontract award with',
37926:'its subcontractorsor suppliers, at any tier, whowill perform, under this contract, theprovision, service, or sale of food in the united',
37927:'states. end of clause 52.2267drugfree workplace. as prescribed in 26.506, insert the following clause: drugfree workplace may 2024 a definitions.',
37928:'as used in this clause controlled substance means a controlled substance in schedules i through v of section 202 of',
37929:'the controlled substances act 21 u.s.c. 812 and as further defined in regulation at 21 cfr 1308.11 1308.15. conviction means',
37930:'a finding of guilt including a plea of nolo contendere or imposition of sentence, or both, by any judicial body',
37931:'charged withthe responsibility to determine violationsof the federal or state criminal drug statutes. criminal drug statute means a federal or',
37932:'nonfederal criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance. drugfree workplace means the sites',
37933:'for the performance of work done by the contractor in connection with a specific contract where employees of the contractor',
37934:'are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. employee means an',
37935:'employee of a contractor directly engaged in the performance of work under a government contract. directly engaged is defined to',
37936:'include all direct cost employees and any other contractor employee who has other than a minimal impact or involvement in',
37937:'contract performance. individual means an offeror/contractor that hasno more than one employee including the offeror/contractor. b the contractor, if other',
37938:'than an individual, shallwithin30 days afteraward unlessa longer period is agreed to in writing for contracts of 30 days or',
37939:'more performance duration, or as soon as possible for contracts of less than 30 days performance duration 1 publish a',
37940:'statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in',
37941:'the contractor’s workplace and specifying theactions that will be takenagainst employees for violations of such prohibition; 2 establish an ongoing',
37942:'drugfree awareness program to inform such employees about i the dangers of drug abuse in the workplace; iithe contractor’s policy',
37943:'ofmaintaining a drugfree workplace; iii any available drug counseling, rehabilitation, and employee assistance programs; and iv the penalties that may',
37944:'be imposed upon employees for drug abuse violations occurring in the workplace; 3 provide all employees engaged in performance of',
37945:'the contract with a copy of the statement required by paragraph b1 of this clause; 4 notify such employees in',
37946:'writing in the statement required by paragraph b1 of this clause that, as a condition of continued employment on this',
37947:'contract, the employee will i abide by the terms of the statement; and iinotify the employerin writingof the employee’s convictionunder',
37948:'a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction; 5',
37949:'notify the contracting officer in writing within 10 daysafter receiving notice under subdivision b4ii of this clause, from an employee',
37950:'or otherwise receiving actual notice of such conviction. the notice shall include the position title of the employee; 6 within',
37951:'30 days after receiving notice under subdivision b4iiof this clause of a conviction, take one ofthe following actions with respect',
37952:'to any employee who is convicted of a drug abuse violation occurring in the workplace: itaking appropriate personnel action against',
37953:'such employee, upto and includingtermination; or 52.2306 subpart 52.2 text of provisions and clauses 52.2268 ii require such employee to',
37954:'satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local',
37955:'health, law enforcement, or other appropriate agency; and 7 makea good faith effort to maintain a drugfree workplace through implementation',
37956:'of paragraphsb1 through b 6 of this clause. c thecontractor, ifan individual, agrees by award of the contract or acceptanceof',
37957:'apurchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing',
37958:'this contract. d in addition tootherremedies available to the government, the contractor’s failure to comply with the requirements of paragraph',
37959:'b or cof this clause may, pursuant tofar 26.505, render the contractor subject to suspension of contract payments, termination of',
37960:'the contract or default, and suspension or debarment. end of clause 52.2268encouraging contractor policies to ban textmessaging while driving. as',
37961:'prescribed in 26.605, insert the following clause: encouraging contractor policies to ban text messaging while driving may 2024 a definitions.',
37962:'as used in this clause driving– 1 means operating a motor vehicle on an active roadway with the motor running,',
37963:'including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. 2 does not include operating a',
37964:'motor vehicle with or without the motor running when one has pulled over to the side of, or off, an',
37965:'activeroadway and has halted in alocationwhere one can safely remain stationary. text messaging means reading from or entering data into',
37966:'any handheld or other electronic device, including for the purpose of short message service texting, emailing, instant messaging, obtaining navigational',
37967:'information, or engaging in any other form of electronic data retrieval or electronic data communication. the term does not include',
37968:'glancing at or listeningto a navigational device that is secured in acommercially designed holder affixed to the vehicle, provided that',
37969:'the destination and route areprogrammed into the device either beforedriving or while stopped in a location offthe roadway where it',
37970:'is safe and legal to park. b this clause implements executive order13513,federal leadershipon reducing text messaging while driving, dated october',
37971:'1, 2009. c the contractor is encouraged to 1 adopt and enforce policies that ban text messaging while driving i',
37972:'companyowned or rented vehicles or governmentowned vehicles; or iiprivatelyowned vehicles whenon official government business or when performing anyworkforor on behalf',
37973:'of the government. 2 conduct initiatives in a manner commensurate with the size of the business, such as i establishment',
37974:'of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving; and ii education, awareness,',
37975:'and other outreach to employees about the safety risks associated with texting while driving. d subcontracts. the contractor shall insert',
37976:'the substance of this clause, including this paragraph d, in all subcontracts that exceed the micropurchase threshold, as defined in',
37977:'federal acquisition regulation 2.101 on the date of subcontract award. end of clause 52.2307 this page intentionally left blank. 52.2308',
37978:'subpart 52.2 text of provisions and clauses 52.2272 52.227[reserved] 52.2271 authorization and consent. as prescribed in 27.2012a1, insert the following',
37979:'clause: authorization and consent jun 2020 a the government authorizes and consents to all use and manufacture, in performing this',
37980:'contract or any subcontract at any tier, ofany invention described in andcovered by a united states patent 1 embodied in',
37981:'the structure or composition of any article the delivery of which is accepted by the government under this contract; or',
37982:'2 used in machinery, tools, or methods whose use necessarily results from complianceby the contractor or a subcontractor with i',
37983:'specifications or written provisions forming a part of this contract or ii specific written instructions given by thecontracting officer directing',
37984:'the manner of performance. the entire liability to the government for infringement of a unitedstates patent shall be determined solelyby',
37985:'the provisions of the indemnity clause, ifany, included in this contract or any subcontract hereunder including any lowertier subcontract, and',
37986:'the government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted. b the',
37987:'contractor shall include the substance of this clause, including this paragraph b, in all subcontracts that are expected to exceed',
37988:'thesimplified acquisition threshold,as defined in federal acquisitionregulation far 2.101 on the dateof subcontract award. however, omissionof this clause from anysubcontract,',
37989:'including those at or below the simplified acquisition threshold, as defined in far 2.101 on the date of subcontract award,',
37990:'doesnot affect thisauthorizationand consent. end of clause alternate i apr 1984. as prescribed in 27.2012a2, substitute the following paragraph a',
37991:'for paragraph a of the basic clause: a the government authorizes and consents to all use and manufacture of any',
37992:'invention described in and covered by a unitedstates patent in the performance of this contract or any subcontract at any',
37993:'tier. alternate ii apr 1984. as prescribed in 27.2012a3, substitute the following paragraph a for paragraph a of the basic',
37994:'clause: a the government authorizes and consents to all use and manufacture in the performance of any order at any',
37995:'tier or subcontract atanytier placed under this contract for communication services and facilitiesforwhich rates,charges, and tariffs are not establishedby a',
37996:'government regulatory body, of any invention describedin and coveredby a united states patent 1 embodied in the structure or composition',
37997:'of any article the delivery of which is accepted by the government under this contract; or 2 used in machinery,',
37998:'tools, or methods whose use necessarily results from complianceby the contractor or a subcontractor with specifications or written provisions forming',
37999:'a part of this contract or with specific written instructions given by thecontracting officer directing the manner of performance. 52.2272',
38000:'notice and assistance regarding patent and copyright infringement. as prescribed in 27.2012b, insert the following clause: notice and assistance regarding',
38001:'patent and copyright infringement jun 2020 a thecontractor shall report to the contracting officer, promptly and in reasonable written detail,',
38002:'each notice or claim of patent or copyright infringement based on the performance of this contract of which the contractor',
38003:'has knowledge. b in the event of any claim or suit against the government on account of any alleged patent',
38004:'or copyright infringement arising out of the performance of this contract or out of the use of any supplies furnished',
38005:'or work or services performed under this contract, the contractor shall furnish tothe government, when requested by the contractingofficer, all',
38006:'evidence and information inthe contractor’spossession pertaining to such claim or suit. such evidence and information shall be furnished at the',
38007:'expense of the government except where the contractor has agreed to indemnify the government. 52.2309 52.2273 federal acquisition regulation c',
38008:'the contractor shall include the substance of this clause, including this paragraph c, in all subcontracts that are expected to',
38009:'exceed thesimplified acquisition threshold,as defined in federal acquisitionregulation far 2.101 on the date of subcontract award. end of clause 52.2273patentindemnity.',
38010:'as prescribed in 27.2012c1, insert the following clause: patent indemnity apr 1984 a thecontractor shall indemnifythe government and itsofficers, agents,',
38011:'and employees against liability, including costs, for infringement of any united states patent except a patent issued upon an application',
38012:'that is now or may hereafter be withheld from issue pursuant to a secrecy order under 35 u.s.c. 181 arising',
38013:'out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of',
38014:'real property hereinafter referred to as construction work under this contract, or out of the use or disposal by or',
38015:'for the account of the government of such supplies or construction work. b this indemnity shall not apply unless the',
38016:'contractor shall have been informed as soon as practicable by the government of the suit or action alleging such infringement',
38017:'and shall have been givensuch opportunityas is affordedby applicable laws, rules,or regulationsto participate in its defense. further,thisindemnity shall not apply',
38018:'to— 1 an infringementresulting fromcompliance with specific written instructions ofthe contracting officerdirecting a change in the supplies to be delivered',
38019:'or in the materials or equipment to be used, or directing a manner of performance of the contract not normally',
38020:'used by the contractor; 2 an infringement resulting from addition to or change in supplies or components furnished or construction',
38021:'work performed that was made subsequent to delivery or performance; or 3 a claimed infringement that is unreasonably settled without',
38022:'theconsent of thecontractor, unless required by final decree of a court of competent jurisdiction. end of clause alternate i apr',
38023:'1984. as prescribed in 27.2012c2, add the following paragraph c to the basic clause: c this patent indemnification shall not',
38024:'apply to the following items: [contracting officer list and/or identify the items to be excluded from this indemnity.] alternate ii',
38025:'apr 1984. as prescribed in 27.2012c2, add the following paragraph c to the basic clause: c this patent indemnification shall',
38026:'cover the following items: [list and/or identify the items to be included under this indemnity.] alternate iii jun 2020. as',
38027:'prescribed in 27.2012c3, add the following paragraph c to the basic clause: as to subcontracts at any tier for communication',
38028:'service, this clause shall apply only to individual communication service authorizations over the simplified acquisition threshold, as defined in federal',
38029:'acquisition regulation 2.101 on the date of subcontract award, issued under this contract and covering those communications services and facilities',
38030:'1 that are or have been sold or offered for sale by thecontractor to thepublic, 2 that can be provided',
38031:'over commercially available equipment, or 3 that involve relatively minor modifications. 52.2274 patent indemnityconstruction contracts. as prescribed in 27.2012d1, insert',
38032:'the following clause: patent indemnityconstruction contracts dec 2007 52.2310 subpart 52.2 text of provisions and clauses 52.2276 except as otherwise',
38033:'provided, the contractor shall indemnify the government andits officers, agents, and employees against liability, including costs andexpenses, for infringementof any',
38034:'united states patent except apatent issued upon an application that is now or may hereafter be withheld from issue pursuant',
38035:'to a secrecy order under 35 u.s.c. 181 arising out of performing this contract or out of the use or',
38036:'disposal by or for the account of the government of supplies furnished or work performed under this contract. end of',
38037:'clause alternate i dec 2007. as prescribed in 27.2012d2, designate the first paragraph of the basic clause as paragraph a',
38038:'and add the following paragraph b to the basic clause: b this patent indemnification shall not apply to the following',
38039:'items: [contracting officer list the items to be excluded.] 52.2275waiver ofindemnity. as prescribed in 27.2012e, insert the following clause: waiver',
38040:'of indemnity apr 1984 any provision or clause of this contract to the contrary notwithstanding, the government hereby authorizes and',
38041:'consents to the use and manufacture, solely in performing this contract, of any invention covered by the united states patents',
38042:'identified below and waives indemnification by the contractor with respect to such patents: [contracting officer identify the patents by number',
38043:'or by other means if more appropriate.] end of clause 52.2276 royalty information. as prescribed in 27.2025a1, insert the following',
38044:'provision: royalty information apr 1984 a cost or charges for royalties. when the response to this solicitation contains costs orcharges',
38045:'for royaltiestotaling more than $250, the following information shall be included in the response relating to each separate item of',
38046:'royalty or license fee: 1 name and address oflicensor. 2 date of license agreement. 3 patent numbers, patent application serial',
38047:'numbers, or other basis on which the royalty is payable. 4 brief description, including any part or model numbers of',
38048:'each contract item or component on which the royalty is payable. 5 percentage or dollar rate of royalty per unit.',
38049:'6 unit price of contract item. 7 number of units. 8 total dollar amount ofroyalties. b copies of current licenses.',
38050:'in addition, if specifically requested by the contracting officer before execution ofthe contract, the offeror shall furnish a copy of',
38051:'the currentlicense agreement and an identification of applicable claims of specific patents. end of provision alternate i apr 1984. as',
38052:'prescribed in 27.2025a2, substitute the following for the introductory portion of paragraph a of the basic provision: 52.2311 52.2277 federal',
38053:'acquisition regulation when the responseto this solicitation covers chargesforspecial construction or special assemblythat contain costs or charges for royalties totaling',
38054:'more than $250,the following information shall be includedin the response relating toeach separate item of royalty or license fee: 52.2277',
38055:'patentsnotice of government licensee. as prescribed at 27.2025b, insert the following provision: patentsnotice of government licensee apr 1984 the government',
38056:'is obligated to pay a royalty applicable to the proposed acquisition because of a license agreement between the government and',
38057:'the patentowner. the patent numberis [contracting officer fill in], and the royalty rate is [contracting officer fill in]. if theofferor',
38058:'isthe owner of, or a licensee under, the patent, indicatebelow: □ owner □ licensee if an offeror does not indicate',
38059:'that it is the owner or a licenseeof the patent, its offer will beevaluated by adding thereto an amount equal',
38060:'to the royalty. end of provision 52.2278 [reserved] 52.2279 refund of royalties. as prescribed in 27.2025c, insert the following clause:',
38061:'refund of royalties apr 1984 a the contract price includes certain amounts for royalties payable by the contractor or subcontractors',
38062:'or both, which amounts have been reported to the contracting officer. b the term royalties as used in this clause',
38063:'refersto any costsor charges in the nature ofroyalties, licensefees, patent or license amortization costs, or the like, for the use',
38064:'of or for rights in patents and patent applications in connection with performingthis contractor any subcontract hereunder. c thecontractor shall',
38065:'furnish to the contracting officer, before final payment under this contract, a statement of royalties paid or required to be',
38066:'paid in connection with performing this contract and subcontracts hereunder together with the reasons. d the contractor will be compensated',
38067:'for royalties reported under paragraph c of this clause, only to the extent that suchroyalties wereincluded in the contract price',
38068:'and are determined by thecontracting officer to be properly chargeable to thegovernment and allocable to the contract. to the extent',
38069:'that anyroyalties thatare included in thecontract priceare not in fact paid bythe contractor or aredetermined by the contracting officer not',
38070:'to be properly chargeable tothe government and allocable to the contract, the contract price shall be reduced. repayment or credit',
38071:'to the government shall be made as the contracting officerdirects. e if, at any time within 3 years after final',
38072:'payment under this contract, the contractor for any reason is relieved in whole or in part from the payment of',
38073:'the royalties included in the final contract price as adjusted pursuant to paragraph d of this clause, the contractor shall',
38074:'promptly notify the contracting officer of that fact and shall reimburse thegovernment in a corresponding amount. f the substance of',
38075:'this clause, including this paragraph f, shall be included in any subcontract in which the amount of royalties reported during',
38076:'negotiation of the subcontract exceeds $250. end of clause 52.22710 filing of patent applicationsclassified subject matter. as prescribed at 27.2032,',
38077:'insert the following clause: filing of patent applicationsclassified subject matter dec 2007 52.2312 subpart 52.2 text of provisions and clauses',
38078:'52.22711 a before filing or causing to be filed a patent application in the united states disclosing any subject matter',
38079:'of this contract classified secret or higher, thecontractor shall, citingthe 30day provision below,transmit the proposed application to the contractingofficer. the',
38080:'government shall determine whether, for reasonsof national security,the application should be placed underan orderof secrecy, sealed in accordance with the',
38081:'provision of 35 u.s.c. 181188, or the issuance of a patent otherwise delayed under pertinent united states statutes or regulations.',
38082:'the contractor shall observe any instructions of the contracting officer regardingthe mannerof delivery of the patent application tothe united states',
38083:'patent office, but thecontractor shall not be denied the right to file the application. if the contracting officer shall not',
38084:'have given any such instructions within 30 days from the date of mailing or other transmittal of the proposed application,',
38085:'the contractor may file the application. b before filing a patent application in the united states disclosing any subject matter',
38086:'of this contract classified confidential, the contractor shall furnish tothe contracting officera copy of the application for government determination whether,',
38087:'for reasons ofnational security, the application should be placed under an order ofsecrecy or the issuance of a patent should',
38088:'be otherwise delayed under pertinent united states statutes or regulations. c where thesubject matter of this contractis classified for reasonsof',
38089:'security, the contractor shall not file, or cause to be filed, in any country other than in the united states',
38090:'as provided in paragraphs a and b of this clause, an application or registration for a patent containing any of',
38091:'the subject matter of this contract without first obtaining written approval of the contracting officer. d when filing any patent',
38092:'application coming within the scope of this clause, the contractor shall observe all applicable security regulations covering the transmission of',
38093:'classified subject matter and shall promptly furnish to the contracting officer the serial number, filing date, andnameof the countryof any',
38094:'such application. whentransmittingthe application to theunited statespatent office, the contractorshallby separate letter identifyby agency and numberthe contract or contracts that',
38095:'require security classification markings to be placed on the application. e the contractor shall include the substance of this clause,',
38096:'including this paragraph e, in all subcontracts that cover or arelikely to cover classified subject matter. end of clause 52.22711patent',
38097:'rightsownership by thecontractor. as prescribed in 27.303b1, insert the following clause: patent rightsownership by the contractor may 2014 a as',
38098:'used in this clause invention means any invention or discovery that is or may be patentable or otherwise protectable under',
38099:'title 35 of the u.s. code,or any variety of plant that is or maybe protectableunder theplant variety protection act 7',
38100:'u.s.c. 2321, et seq. made means 1 when used in relation to anyinvention other than a plant variety, the conception',
38101:'or first actualreduction to practice of the invention; or 2 when used in relation to a plant variety, that the',
38102:'contractor hasat least tentatively determined thatthe variety has been reproduced with recognized characteristics. nonprofit organization means a university orother institution',
38103:'of higher education or an organization of the type described in section 501c3 of the internal revenue code of 1954',
38104:'26 u.s.c. 501c and exempt from taxation under section 501a of the internal revenue code 26 u.s.c. 501a, oranynonprofit scientific',
38105:'or educational organization qualified under a state nonprofit organizationstatute. practical application means to manufacture, in the case of a composition',
38106:'of product; to practice, in the case of a process or method; or to operate, in the case of a',
38107:'machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and',
38108:'that its benefits are, to the extent permitted by law or government regulations, available to the public on reasonable terms.',
38109:'subject invention means any invention of the contractor made in the performance of work under this contract. b contractor’s rights.',
38110:'1 ownership. the contractor may retain ownership of each subject invention throughout the world in accordance with the provisions of',
38111:'this clause. 2 license. i the contractor shall retain a nonexclusive royaltyfree license throughout the world in each subject invention',
38112:'to which the government obtains title, unless the contractor fails to disclose the invention within the times 52.2313 52.22711 federal',
38113:'acquisition regulation specified in paragraph c of this clause. the contractor’slicense extendsto any domesticsubsidiariesandaffiliates within the corporate structure of which',
38114:'the contractor is a part, and includes the right to grant sublicenses to the extent the contractor was legally obligated',
38115:'to do so at contract award. the license is transferable only with the written approval of the agency, except when',
38116:'transferred to the successor of that part of the contractor’s business to which the invention pertains. iithe contractor’s license may',
38117:'be revoked or modifiedby the agency to the extent necessary to achieve expeditious practical applicationof the subject invention in aparticular',
38118:'country in accordance with the proceduresin far 27.302i2 and 27.3041f. c contractor’s obligations. 1 the contractor shall disclose in writing',
38119:'each subject invention to the contracting officer within 2 months after the inventor discloses it in writing to contractor personnel',
38120:'responsible for patentmatters. the disclosureshallidentify the inventors and this contract underwhich the subject invention wasmade. it shall besufficiently complete in',
38121:'technical detail to convey a clear understanding of the subject invention. the disclosure shall also identify any publication, on sale',
38122:'i.e., sale or offer for sale, or public use of the subject invention,or whether amanuscript describing the subject invention has',
38123:'been submitted for publication and, if so, whether it has been accepted for publication. in addition, after disclosureto theagency, the',
38124:'contractor shall promptly notify the contracting officer of the acceptance ofany manuscript describing the subject invention for publication and any',
38125:'on sale or public use. 2 the contractor shall elect in writing whether or not to retain ownership of any',
38126:'subject invention by notifying the contracting officerwithin 2 years of disclosure to the agency. however,in any case wherepublication, on sale,',
38127:'or public use has initiated the 1year statutory period during which valid patent protection can be obtained in the united',
38128:'states, the period for election of title may be shortened by the agency to a date that is no more',
38129:'than 60 days prior to the end of the statutory period. 3 the contractor shall file either a provisional ora',
38130:'nonprovisional patent applicationor aplantvariety protection application on anelected subject invention within 1 year after election. however, in any case where',
38131:'a publication,on sale, or public use has initiated the 1year statutory period during which valid patent protection can be obtained',
38132:'in the united states, the contractor shall file the application prior to the end of that statutory period. if the',
38133:'contractor files a provisional application, it shall file a nonprovisional application within 10 months of the filing of the provisional',
38134:'application. the contractor shall filepatent applications in additional countries or international patent offices within either10 months of the first filed',
38135:'patent application whether provisional or nonprovisional or 6 months from the date permission is granted by the commissionerof patents to',
38136:'file foreign patent applications where suchfiling hasbeenprohibited by asecrecy order. 4 the contractor may request extensions of time for disclosure,',
38137:'election, or filing under paragraphs c1, c2, and c3 of this clause. d government’s rights1 ownership. the contractor shall assign',
38138:'tothe agency, on written request, title to any subject invention i if the contractor fails to disclose or elect ownership',
38139:'to the subject invention within the times specified in paragraph c of this clause, or elects not to retain ownership;',
38140:'provided, that the agency may request title only within 60 days after learning of the contractors failure to disclose or',
38141:'elect within the specified times. ii in those countries in which the contractor fails to file patent applications within the',
38142:'times specified in paragraph c ofthis clause;provided, however, that ifthe contractor has filed a patent applicationin a country after the',
38143:'times specified in paragraph c of this clause,but priorto itsreceipt of thewritten request ofthe agency, the contractorshallcontinue to retain ownership',
38144:'in that country. iii in any country in which the contractordecides not to continue the prosecution of any application for,to',
38145:'pay the maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention. 2',
38146:'license. if the contractor retains ownership of any subject invention, the government shall have a nonexclusive, nontransferable, irrevocable, paidup license',
38147:'to practice, or have practiced for or on its behalf, the subject invention throughout the world. e contractor action to',
38148:'protect the government’s interest. 1 the contractor shall execute or have executed and promptly deliver to the agency all instruments',
38149:'necessary to i establish or confirm the rights the government has throughout the world in those subject inventions in which',
38150:'the contractor elects to retain ownership; and ii assign title to the agency when requested under paragraph d of this',
38151:'clause and to enable the government to obtain patent protectionandplant variety protection for that subject inventionin any country. 2 the',
38152:'contractor shall require, by written agreement, its employees, other than clerical and nontechnical employees, to disclose promptly in writing to',
38153:'personnel identified as responsible for the administration of patent matters and in the contractors format, each subject invention in order',
38154:'that the contractor can comply with the disclosure provisions of 52.2314 subpart 52.2 text of provisions and clauses 52.22711 paragraph',
38155:'c of this clause, and to execute all papers necessary to file patent applications on subject inventions and to establish',
38156:'the governments rights in the subject inventions. the disclosure format should require, as a minimum, the information required by paragraph',
38157:'c1 of this clause. the contractor shall instruct such employees, through employee agreements or other suitable educational programs, asto the',
38158:'importance of reporting inventions insufficient time topermit the filing of patent applications prior to u.s. or foreign statutory bars. 3',
38159:'the contractor shall notify the contracting officer of any decisions not to file a nonprovisional patent application, continue the prosecution',
38160:'of a patent application, pay maintenance fees, or defend in a reexamination or opposition proceeding on a patent, inany country,',
38161:'not less than30 days before the expirationof the responseor filing periodrequired by the relevant patent office. 4 the contractor shall',
38162:'include, within the specification of any united states nonprovisional patent or plant variety protection application and any patent or plant',
38163:'variety protection certificate issuing thereon covering a subject invention, the following statement, this invention was made with government support under',
38164:'identify the contract awarded by identify the agency. the government has certain rights in the invention. f reporting on utilization',
38165:'of subject inventions. the contractor shall submit, on request, periodic reports no more frequently than annually on the utilizationof asubject',
38166:'inventionor on effortsat obtaining utilization of the subject invention that are being made by the contractor or its licensees or',
38167:'assignees. the reports shall include information regarding the statusof development, date of first commercialsale or use, gross royalties receivedby the',
38168:'contractor,andotherdata and information as the agency may reasonably specify. the contractor also shall provide additionalreports as may be requested by',
38169:'the agency in connection with any marchin proceeding undertaken by the agency in accordance with paragraph h of this clause.',
38170:'the contractor also shall mark any utilization report as confidential/proprietary to help prevent inadvertent release outside the government. as required',
38171:'by 35 u.s.c. 202c5, the agency will not disclose that information to persons outside thegovernment without the contractor’s permission. g',
38172:'preference for united states industry. notwithstanding any other provision of this clause, neither the contractor nor any assignee shall grant',
38173:'to any person the exclusive right to use or sell any subject invention in the united states unless the person',
38174:'agrees that any products embodying the subject invention or produced through the use of the subject invention will bemanufactured substantiallyin',
38175:'the united states. however, in individual cases, the requirement for an agreement may be waived bythe agencyupon a showing by',
38176:'the contractoror its assignee thatreasonable butunsuccessful effortshavebeen made to grant licenses on similar terms to potential licensees that would be',
38177:'likely to manufacture substantially in the united states, or that under the circumstances domestic manufacture is not commercially feasible. h',
38178:'marchin rights. the contractor acknowledges that, with respect to any subject invention in which it has retained ownership, the agency',
38179:'has the right to require licensing pursuant to 35 u.s.c. 203 and 210c, and in accordance with the procedures in',
38180:'37 cfr 401.6andany supplemental regulations of the agency in effect on the date of contract award. ispecial provisions for contracts',
38181:'with nonprofit organizations. if thecontractor is anonprofit organization,itshall 1 not assign rights to a subject inventionin the united states without',
38182:'the written approval of the agency, except where an assignment ismadeto anorganization thathas asone of its primary functionsthe management of',
38183:'inventions, provided, that the assignee shall be subject to the same provisions as the contractor; 2 shareroyalties collected on a',
38184:'subjectinvention with the inventor, including federal employee coinventors but through their agency if the agency deems it appropriate when the',
38185:'subject invention is assigned in accordance with 35 u.s.c. 202e and 37 cfr 401.10; 3 use the balance of any',
38186:'royalties or income earned by the contractor with respect to subject inventions, after payment of expenses including payments to inventors',
38187:'incidental to the administration of subject inventions for the support of scientific research or education; and 4 makeefforts that are',
38188:'reasonable under the circumstances to attract licenseesof subject inventions that are small business concerns, and give a preference to a',
38189:'small business concern when licensing a subject invention if the contractor determines that the small business concern has a plan',
38190:'or proposal for marketing the invention which, if executed, is equally as likely to bring the invention to practical application',
38191:'as any plans or proposals from applicants that are not small business concerns; provided, that the contractor is also satisfied',
38192:'that the small business concern has the capability and resources to carry out its plan or proposal. the decision whether',
38193:'to give a preference in any specific case will be at the discretion of the contractor. 5 allow thesecretary of',
38194:'commerce toreview the contractor’s licensing program and decisions regarding small business applicants, and negotiate changes to its licensing policies, procedures,',
38195:'or practices with the secretary of commerce when the secretary’sreview discloses that the contractor could take reasonable stepsto more effectively',
38196:'implement the requirements of paragraph i4 of this clause. 52.2315 52.22711 federal acquisition regulation j communications. [complete according to agency',
38197:'instructions.] k subcontracts. 1 the contractor shall include the substance of this clause, including this paragraph k, in all subcontracts',
38198:'for experimental, developmental, or research work to be performed by a small business concern or nonprofit organization. 2 the contractor',
38199:'shall include in all other subcontracts for experimental, developmental, or research work the substanceofthepatentrightsclauserequiredbyfar subpart 27.3. 3 at all tiers,',
38200:'the patent rights clause must be modified to identify the parties as follows: references to the government are not changed,',
38201:'and the subcontractor has all rights and obligations of the contractor in the clause. the contractor shall not, as part',
38202:'of the considerationforawarding the subcontract, obtain rightsin thesubcontractor’s subject inventions. 4 in subcontracts, at any tier, the agency, the subcontractor,',
38203:'and the contractor agree that the mutual obligations of the parties created by this clause constitute a contract between the',
38204:'subcontractor and the agency with respect to the matters covered bythe clause; provided, however, that nothing in this paragraph is',
38205:'intended toconfer any jurisdiction underthe contract disputes statute in connection with proceedings under paragraph h of this clause. end of',
38206:'clause alternate i jun 1989. as prescribed in 27.303 b3, add the following sentence at the end of paragraph d2',
38207:'of the basic clause: the license shall include the right of the government to sublicense foreign governments, their nationals and',
38208:'international organizations pursuantto the following treaties orinternational agreements: [contracting officer complete with the names of applicable existing treaties or international',
38209:'agreements. the above language is not intended to apply to treaties or agreements that are in effect on the date',
38210:'of the award but are not listed.] alternate ii dec 2007. as prescribed in 27.303b4, add the following sentence at',
38211:'the end of paragraph d2 of the basic clause: the agency reserves the right to unilaterally amend this contract to',
38212:'identify specific treaties or international agreements entered into by the government before or after the effective date of the contract',
38213:'and effectuate those licenseor other rights that are necessary for the government to meet its obligations to foreign governments, their',
38214:'nationals, and international organizations under the treaties or internationalagreements with respect to subject inventions made after thedate of the amendment.',
38215:'alternate iii jun 1989. as prescribed in 27.303 b5, substitute the following paragraph i3 in place of paragraph i3 of',
38216:'the basic clause: 3 after payment of patenting costs, licensing costs, payments to inventors, and other expenses incidental to the',
38217:'administration of subject inventions, the balance of any royalties or income earned and retained by the contractor during any fiscal',
38218:'year on subject inventions under this or any successor contract containing the same requirement, up to any amount equal to',
38219:'5 percent of the budget ofthe facility for that fiscal year,shallbe usedby the contractor for thescientific research, development, and education',
38220:'consistent with the research anddevelopment mission and objectivesof the facility, including activities that increase the licensing potential of other inventions',
38221:'of the facility. if the balance exceeds5 percent, 75 percentof theexcess above 5 percentshallbe paid by the contractor to the',
38222:'treasuryof the united states and the remaining 25 percent shall beused by the contractoronly for the same purposes as described',
38223:'above. to the extentitprovides the most effective technology transfer,the licensing ofsubject inventions shall be administered by contractor employees on location',
38224:'at the facility. alternate iv jun 1989. as prescribed in 27.303b6, include the following paragraph e5 in paragraph e of',
38225:'the basic clause: 5 the contractor shall establish and maintain active and effective procedures to ensure that subject inventions are',
38226:'promptly identified and timelydisclosed, and shall submita description of the procedures tothe contracting officersothat thecontracting officer may evaluate and determine',
38227:'their effectiveness. alternate v dec 2007. as prescribed in 27.303 b7, include the following paragraph d3 in paragraph d of',
38228:'the basic clause: d3 crada licensing. if the contractor performs services at a government owned and operated laboratory or at',
38229:'a government owned and contractor operated laboratory directed by the government tofulfill the government’s obligations under a cooperative research and',
38230:'development agreement crada authorized by 15 u.s.c. 3710a, the government may require the contractor to negotiate an agreement with the',
38231:'crada collaborating party or parties regarding the allocation of 52.2316 subpart 52.2 text of provisions and clauses 52.22713 rightsto any',
38232:'subject invention the contractormakes, solelyor jointly, under the crada. the agreement shall be negotiated prior to the contractor undertaking the',
38233:'crada work or, with the permissionof the government, upon the identification of a subject invention. in the absence of such',
38234:'an agreement, the contractor agrees to grant the collaborating party or parties an option for a license in its inventions',
38235:'of the same scope and terms set forth in the crada for inventions made by the government. 52.22712 [reserved] 52.22713',
38236:'patent rightsownership by the government. as prescribed at 27.303e, insert the following clause: patent rightsownership by the government dec 2007',
38237:'a definitions. as used in this clause invention means any invention or discovery that is or may be patentable or',
38238:'otherwise protectable under title 35 of the u.s. code or any variety of plant that is ormay be protectable under',
38239:'the plantvariety protection act 7 u.s.c. 2321, et seq. made means 1 when used in relation to anyinvention other than',
38240:'a plant variety, means the conception or firstactual reduction to practice of the invention; or 2 when used in relation',
38241:'to a plant variety, means that the contractor has at least tentatively determined that the variety has been reproduced with',
38242:'recognized characteristics. practical application means to manufacture, in the case of a composition or product; to practice, in the case',
38243:'of a process or method; or to operate, in the case of a machine or system; and, in each case,',
38244:'under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent',
38245:'permitted by law or government regulations, available to the public on reasonable terms. subject invention means any invention of the',
38246:'contractor made in the performance of work under this contract. b ownership. 1 assignment to the government. the contractor shall',
38247:'assign to the government title throughout the world to each subject invention, except to the extent that rights are retained',
38248:'under paragraphs b2 and d of this clause. 2 greater rights determinations. i the contractor,or an employeeinventor after consultation with',
38249:'the contractor, may request greater rights than the nonexclusive license provided in paragraph d of this clause. the request for',
38250:'a greater rightsmust be submitted tothe contracting officerat the timeof the first disclosureof the subject invention pursuant to paragraph e2',
38251:'ofthisclause, or not later than 8 months thereafter, unless a longer period is authorizedin writing bythe contracting officerforgood cause shown',
38252:'in writing by the contractor. each determination of greater rights under this contract normally shall be subject to paragraph c',
38253:'of this clause, and to the reservations and conditions deemed to be appropriate by the agency. ii upon request, the',
38254:'contractor shall provide the filing date, serial number and title, a copy of the patent application including an englishlanguage version',
38255:'if filed in a language other than english, and patent number and issue date for any subject invention in any',
38256:'country for which the contractor has retained title. iii upon request, the contractor shall furnish the agency an irrevocable power',
38257:'to inspect and make copies of the patent application file. c minimum rights acquired by the government. 1 regarding each',
38258:'subject invention to which the contractor retains ownership, the contractor agrees as follows: i the government will have a nonexclusive,',
38259:'nontransferable, irrevocable, paidup license to practice, or have practiced for or on its behalf, the subject invention throughout the world.',
38260:'ii the agency has the right to require licensing pursuant to 35 u.s.c. 203 and 210c and in accordance with',
38261:'the procedures set forth in 37 cfr 401.6andany supplemental regulations of the agency in effect on the date of thecontract',
38262:'award. iii upon request, the contractor shall submit periodic reports no more frequently than annually on the utilization, or efforts',
38263:'toobtainutilization,of asubject invention bythe contractor or itslicensees or assignees. the reports shall include information regarding the status of development, date',
38264:'of first commercial sale or use, gross royalties received by thecontractor, and any other data andinformation asthe agency may reasonably',
38265:'specify. the contractor also shall provide additional reports as may be requested by the agency in connection with any marchin',
38266:'proceedings undertaken by the agency in accordance with paragraph c1ii of this clause. tothe extent dataor information supplied under this',
38267:'section is 52.2317 52.22713 federal acquisition regulation consideredby the contractor,or its licensees, orassignees to be privileged and confidentialandis so marked,',
38268:'the agency, to theextent permittedby law, will not disclose such information to persons outside the government. iv when licensing a',
38269:'subject invention, the contractor shall aensure that no royalties are charged on acquisitions involving government funds, including funds derived through',
38270:'a military assistance program of the government or otherwise derived through the government; b refund any amounts received as royaltycharges',
38271:'on a subjectinvention inacquisitions for,or on behalf of, the government; c provide for this refund in any instrument transferring rightsin',
38272:'thesubject inventionto any party. v when transferring rightsin a subject invention,the contractor shall provide for the government’s rights set forth',
38273:'in paragraphs c1i through c1iv of this clause. 2 nothing contained in paragraph c of this clause shall be deemed',
38274:'to grant to the government rights in any invention other than a subject invention. dminimumrightstothecontractor. 1 the contractor is hereby',
38275:'granted a revocable, nonexclusive, paidup license in each patent application filed in any country on a subject invention and any',
38276:'resulting patent in which the government obtains title, unless the contractor fails to disclose the subject invention within the times',
38277:'specified in paragraph e2 of this clause. the contractor’s license extends to anyof its domesticsubsidiaries andaffiliates within the corporate structure',
38278:'of which the contractor is a part, and includes the right to grant sublicenses to the extent the contractor was',
38279:'legally obligated to do so at contract award. the license is transferable only with the written approval of the agency',
38280:'except when transferred to the successor of that part of the contractor’s business to which the subject invention pertains. 2',
38281:'the contractor’s license may be revoked ormodified by the agency to the extentnecessary toachieve expeditious practical application of thesubject inventionin',
38282:'a particularcountry in accordance with the procedures infar 27.302i2 and 27.3041f. 3 when the government electsnot to apply for a',
38283:'patent in any foreign country, the contractor retains rights in that foreign country to apply for a patent, subject to',
38284:'thegovernment’s rights in paragraph c1 of this clause. e invention identification, disclosures, and reports. 1 the contractor shall establish and',
38285:'maintain active and effective procedures to educate its employees in order to assure that subject inventions are promptly identified and',
38286:'disclosed to contractor personnel responsible for patent matters. the procedures shall include the maintenance of laboratory notebooks or equivalent records',
38287:'and other records as are reasonably necessary to document the conception and/or the first actual reduction to practice of subject',
38288:'inventions, and records that show the procedures for identifying and disclosing subject inventions are followed. upon request, the contractor shall',
38289:'furnish thecontracting officer a descriptionof theseprocedures for evaluation and for a determination as to their effectiveness. 2 the contractor shall',
38290:'disclose in writing each subject invention to the contracting officer within 2 months after the inventor discloses it in writing',
38291:'to contractor personnel responsible for patent matters or,if earlier, within6 months after the contractor becomes aware that a subject invention',
38292:'has been made, but in any event before any on sale i.e.,sale or offer for sale, public use, or publication',
38293:'of the subject invention known to the contractor. the disclosure shall identify the contract underwhich the subject invention was made',
38294:'and the inventors. it shall besufficiently complete in technical detail toconvey a clear understanding of the subject invention. the disclosure',
38295:'shall also identify any publication, on sale, or public use of the subject invention and whether a manuscript describing the',
38296:'subject invention has been submitted for publication and, if so, whether it has been accepted for publication. in addition, after',
38297:'disclosure to the agency,the contractor shall promptly notify thecontracting officer of the acceptanceof any manuscriptdescribing the subject invention for publication',
38298:'and any on sale or public use. 3 the contractor shall furnish thecontracting officer thefollowing: iinterim reports every 12 months',
38299:'or a longer period asmay be specified bythe contracting officer from thedate of the contract, listing subject inventions during that',
38300:'period, and stating that all subject inventions have been disclosed or that there are none and that the procedures required',
38301:'by paragraph e1 of this clause have been followed. ii a final report, within 3 months after completion of the',
38302:'contracted work, listing all subject inventions or stating that there were none, and listing all subcontracts at any tier containing',
38303:'a patent rights clause or stating that there were none. 4 the contractor shall require, by written agreement, its employees,',
38304:'other than clerical and nontechnical employees, to disclose promptly in writing to personnel identified as responsible for the administration of',
38305:'patent matters and in the contractor’sformat eachsubject inventionin order that the contractorcan complywith the disclosure provisions of paragraph c of',
38306:'this clause, and to execute all papers necessary to file patent applications on subject inventions and to establish the government’s',
38307:'rights in the subjectinventions. this disclosure format should require,as a minimum, the information required by paragraph e2 of this clause.',
38308:'the contractor shall instruct such employees, through employee 52.2318 subpart 52.2 text of provisions and clauses 52.22713 agreements or other',
38309:'suitable educational programs, asto the importance of reporting inventions insufficient time topermit the filing of patent applications prior to u.s.',
38310:'or foreign statutory bars. 5 subjectto far 27.302i, the contractor agrees that the government may duplicate and disclose subject invention',
38311:'disclosures and all other reports and papers furnished or required to be furnished pursuant to this clause. f examination of',
38312:'records relating to inventions. 1thecontractingofficeroranyauthorizedrepresentativeshall, until 3 years after final payment under this contract, have the right to examine any',
38313:'books including laboratory notebooks, records, and documents of the contractor relating to the conception or first actual reduction to practice',
38314:'of inventions in the same field of technology as the work under this contract to determine whether i any inventions',
38315:'are subject inventions; ii the contractor has established and maintains the procedures required by paragraphs e1 and e4 of this',
38316:'clause; and iii the contractor and its inventors have complied with the procedures. 2 the contractor shall disclose to the',
38317:'contracting officer, for the determination of ownership rights, any unreported invention that thecontracting officer believesmay be a subject invention. 3',
38318:'any examination of records under paragraph f of this clause will be subject to appropriate conditions to protect the confidentiality',
38319:'of the information involved. gwithholdingofpayment. thisparagraphdoesnotapplytosubcontracts. 1 any time before final payment under this contract, the contracting officer may,in thegovernments',
38320:'interest, withholdpayment untila reserve not exceeding $50,000 or 5percent ofthe amountof this contract,whichever isless, shall have been set aside if,in',
38321:'the contractingoffice’s opinion, the contractor fails to iestablish, maintain, and followeffective procedures for identifying and disclosing subject inventions pursuant to',
38322:'paragraph e1 of this clause; ii disclose any subject invention pursuant to paragraph e2 of this clause; iii deliver acceptable',
38323:'interim reports pursuant to paragraph e3i of this clause; or iv provide the information regarding subcontracts pursuant to paragraph i4',
38324:'of this clause. 2 the contracting officer will withhold thereserve or balance until the contractingofficer has determined that the contractor',
38325:'has rectified whatever deficiencies exist and has delivered all reports, disclosures, and other information required by this clause. 3 the',
38326:'contracting officer will not make final payment under this contract before the contractordelivers to the contracting officer, as requiredby this',
38327:'clause, all disclosures of subject inventions,an acceptable final report,and alldue confirmatory instruments. 4 the contracting officer may decrease orincrease the',
38328:'sumswithheld up to the maximum authorized. the contracting officerwill not withhold any amount under this paragraph while the amount specified',
38329:'by this paragraph is being withheld under other provisions of the contract. the withholding of any amount or the subsequent',
38330:'payment shall not be construed as a waiver of any government rights. h preference for united states industry. unless provided',
38331:'otherwise, neither the contractor nor any assignee shall grant to any person the exclusive right to use or sell any',
38332:'subject invention in the united states unless the person agrees that any products embodying the subject invention or produced through',
38333:'the use of the subject invention will be manufactured substantially in the united states. however, in individual cases, the requirement',
38334:'may bewaived by the agency upon a showing by the contractoror assigneethat reasonable but unsuccessfulefforts have been made to grant',
38335:'licenses on similar terms to potential licensees that would be likely to manufacture substantially in the united states or that,',
38336:'under the circumstances, domestic manufacture is not commercially feasible. i subcontracts. 1thecontractorshallincludethesubstanceofthepatentrightsclauserequiredbyfar subpart 27.3 in all subcontracts for experimental, developmental,',
38337:'or research work. the prescribed patent rights clause must be modified to identify the parties as follows: references to the',
38338:'government are not changed, and the subcontractor has all rights and obligations of the contractor in the clause. the contractor',
38339:'shall not, as part of the consideration for awarding the subcontract, obtain rightsin thesubcontractor’s subject inventions. 2 in the event',
38340:'of a refusal by a prospective subcontractor to accept the clause, the contractor ishall promptlysubmit a written noticeto the contractingofficer',
38341:'setting forth the subcontractor’s reasons for such refusal and other pertinent information that may expedite disposition of the matter; and',
38342:'iishallnot proceed with such subcontract without the written authorization ofthe contracting officer. 52.2319 52.22714 federal acquisition regulation 3 in subcontracts',
38343:'at any tier, the agency, thesubcontractor, and thecontractor agree that themutualobligations ofthe parties created by the patent rights clause constitute',
38344:'a contract between the subcontractor and the agency with respect to those matters covered by this clause. 4 the contractor',
38345:'shall promptly notify thecontracting officer in writing uponthe award ofanysubcontract at any tier containing a patent rights clause by identifyingthe',
38346:'subcontractor,the applicable patent rights clause, theworkto be performed under the subcontract, and the datesof award and estimated completion. upon request',
38347:'ofthe contracting officer, thecontractor shall furnish a copy of suchsubcontract, and, no more frequently than annually, a listing of thesubcontracts',
38348:'that have been awarded. end of clause alternate i jun 1989. as prescribed in 27.303e 4, add the following sentence',
38349:'at the end of paragraph c1i of the basic clause: the license will include the right of the government to',
38350:'sublicense foreign governments, their nationals, and international organizations pursuantto the following treaties orinternational agreements: [contracting officer complete with the names',
38351:'of applicable existing treaties or international agreements. the above language is not intended to apply to treaties or agreements that',
38352:'are in effect on the date of the award but are not listed.] alternate ii dec 2007. as prescribed in',
38353:'27.303e5, add the following sentence at the end of paragraph c1i of the basic clause: the agency reserves the right',
38354:'to unilaterally amend this contract to identify specific treaties or international agreements entered into by the government before or after',
38355:'the effective date of thiscontract, and effectuatethose license or other rights that are necessary for the government to meet its',
38356:'obligations to foreign governments, their nationals, and international organizations under treaties or international agreements with respect to subject inventions made',
38357:'afterthe date of the amendment. 52.22714 rights in datageneral. as prescribed in 27.409b1, insert the following clause with any appropriate',
38358:'alternates: rights in datageneral may 2014 a definitions. as used in this clause computer database or database means a collection',
38359:'of recorded information in a form capable of, and for the purpose of, being stored in, processed, and operated on',
38360:'bya computer. the term does not include computer software. computer software 1 means i computer programs that comprise a series',
38361:'of instructions, rules, routines, or statements, regardless of the media in which recorded, that allow or cause a computer to',
38362:'perform a specific operation or series of operations; and ii recorded information comprising source code listings, design details, algorithms, processes,',
38363:'flow charts, formulas, and related material that would enable the computer program to be produced, created, or compiled. 2 does',
38364:'not include computer databases or computer software documentation. computer software documentation means owner’s manuals,user’s manuals, installation instructions,operating instructions, and other',
38365:'similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the',
38366:'software. data means recorded information, regardless of form or the media on which it may be recorded. the term includes',
38367:'technical data and computer software. the term does not include information incidental to contract administration, such as financial, administrative, cost',
38368:'or pricing, or management information. form, fit, and function data means data relating to items,components, or processes that are sufficientto',
38369:'enable physical and functionalinterchangeability, and data identifying source, size, configuration,matingand attachmentcharacteristics, functional characteristics, and performance requirements. for computer software it',
38370:'means data identifying source, functional characteristics, and performance requirements but specifically excludes the source code, algorithms, processes, formulas, and flow',
38371:'charts of the software. limited rights means the rights of the government in limited rights data as set forth in',
38372:'the limited rights notice of paragraph g3 if included in this clause. 52.2320 subpart 52.2 text of provisions and clauses',
38373:'52.22714 limited rights data means data, other than computer software, that embody trade secrets or are commercial or financial and',
38374:'confidential or privileged, to the extent that such data pertain to items, components, or processes developed at private expense, including',
38375:'minor modifications. restricted computer software means computer software developed at private expense and that is a trade secret, is commercial',
38376:'or financial and confidential or privileged, or is copyrighted computer software, including minor modifications of the computer software. restricted rights,',
38377:'as used in this clause, means the rights of the government in restricted computer software, as set forth in a',
38378:'restricted rights notice of paragraph g if included in this clause, or as otherwise may be provided in a collateral',
38379:'agreement incorporated in and made part of this contract, including minor modifications of such computer software. technical data means recorded',
38380:'information regardless of the form or method of the recording of a scientific or technical nature including computer databases and',
38381:'computer software documentation. this term does not include computer software or financial, administrative, cost or pricing, or management data or',
38382:'other information incidental to contract administration. the term includes recorded information of a scientific or technical nature that is included',
38383:'in computer databases see 41 u.s.c. 116. unlimited rights means the rights of the government to use, disclose, reproduce, prepare',
38384:'derivative works, distribute copiesto the public, andperformpublicly and display publicly, in anymanner and for any purpose,and to have orpermit others',
38385:'to do so. b allocation of rights. 1 except as provided in paragraph c of this clause, the government shall',
38386:'have unlimited rights in i data first produced in the performance of this contract; ii form, fit, and function data',
38387:'delivered under this contract; iii data delivered under this contract except for restricted computer software that constitute manuals or instructional',
38388:'and training material for installation, operation, or routine maintenance and repair of items, components, or processes delivered or furnished for',
38389:'use under this contract; and iv all other data delivered under this contract unless provided otherwise for limited rights data',
38390:'or restricted computer software in accordance with paragraph g of this clause. 2 the contractor shall have the right to',
38391:'i assert copyright in data first produced in the performance of this contract to the extent provided in paragraph c',
38392:'1 of this clause; ii use, release to others, reproduce, distribute, or publish any data first produced or specifically used',
38393:'by the contractor in the performance of this contract, unless provided otherwise in paragraph d of this clause; iii substantiate',
38394:'the use of, add, or correct limited rights, restricted rights, or copyright notices and to take other appropriate action, in',
38395:'accordance with paragraphs e and f of this clause; and iv protect from unauthorized disclosure and use those data that',
38396:'are limited rights data or restricted computer software to the extent provided in paragraph g of this clause. c copyright1',
38397:'data first produced in the performance of this contract. i unless provided otherwise in paragraph d of this clause, thecontractor',
38398:'may, without prior approval of the contracting officer, assert copyright in scientificand technical articles based on or containing data first',
38399:'produced in the performance of this contract and published in academic, technical or professional journals, symposiaproceedings,or similar works. the prior,express',
38400:'written permission of the contracting officeris required to assert copyright in allotherdata first producedin the performance of thiscontract. iiwhen authorized',
38401:'to assert copyright to the data, the contractor shall affixthe applicable copyright notices of 17 u.s.c. 401 or 402, and',
38402:'an acknowledgment of government sponsorship including contract number. iii for data other than computer software, the contractor grants to the',
38403:'government, and others acting on its behalf, a paidup, nonexclusive, irrevocable, worldwide license in such copyrighted data to reproduce, prepare',
38404:'derivative works, distribute copies to the public, and perform publicly and display publicly by or on behalf of the government.',
38405:'for computer software, the contractor grants to the government, and others acting on its behalf, a paidup, nonexclusive, irrevocable, worldwide',
38406:'license in such copyrighted computer software to reproduce, prepare derivative works, and perform publicly and display publicly but not to',
38407:'distribute copies to the public by or on behalf of the government. 2 data not first produced in the performance',
38408:'of this contract. the contractor shall not, without the prior written permission ofthe contracting officer, incorporate indata deliveredunder this contract',
38409:'any data not firstproduced in the performance of this contract unless the contractor i identifies the data; and 52.2321 52.22714',
38410:'federal acquisition regulation ii grants to the government, or acquires on its behalf, a license of the same scope as',
38411:'set forth in paragraph c1 of this clause or, ifsuch dataare restricted computersoftware, the governmentshallacquire a copyright license as set',
38412:'forth in paragraph g4 of this clause if included in this contract or as otherwise provided in a collateral agreement',
38413:'incorporated in or made part of this contract. 3 removal of copyright notices. the government will not remove any authorized',
38414:'copyright notices placed on data pursuant to this paragraph c, and will include such notices on all reproductions of the',
38415:'data. d release, publication, and use of data. the contractor shall have the right to use, release to others, reproduce,',
38416:'distribute, or publish any data first produced or specifically used by the contractor in the performance of this contract, except',
38417:'1 as prohibited by federal law or regulation e.g., export control or national security laws or regulations; 2 as expressly',
38418:'set forth in this contract; or 3 if the contractor receives or is given access to data necessary for the',
38419:'performance of this contract that contain restrictive markings, the contractor shall treat the data in accordance with such markings unless',
38420:'specifically authorized otherwisein writingby the contracting officer. e unauthorized marking of data. 1 notwithstanding any other provisions of this contract',
38421:'concerning inspection or acceptance, if any data delivered under this contract are marked with the notices specified in paragraph g3',
38422:'or g 4 if included in this clause, and use of the notices is not authorized by this clause, or',
38423:'if the data bears any other restrictive or limiting markings not authorized by this contract, the contracting officer may at',
38424:'any timeeither return the data to the contractor, or cancel or ignore the markings. however, pursuant to 41 u.s.c. 4703,',
38425:'the following procedures shall apply prior to canceling or ignoring the markings. ithe contractingofficer willmakewritten inquiryto the contractoraffording the contractor',
38426:'60 days fromreceipt of the inquiry to provide written justification to substantiate the propriety of the markings; ii if the',
38427:'contractor fails to respond or fails to provide written justification to substantiate the propriety of the markings within the 60day',
38428:'period or a longer time approved in writing bythe contracting officerforgood cause shown, the government shall have the right to',
38429:'cancel or ignore the markings at any time after said period and the data will no longer be made subject',
38430:'to any disclosure prohibitions. iii if the contractor provides written justification to substantiate the propriety of the markings within the',
38431:'period set in paragraph e1i of this clause, the contracting officer willconsidersuch writtenjustification and determinewhether or notthe markings are to',
38432:'be cancelled or ignored. if the contracting officer determines that the markings are authorized, thecontractor will be so notified in',
38433:'writing. if the contracting officer determines, withconcurrence of the head of the contracting activity, that the markings are not authorized,',
38434:'the contracting officer will furnish the contractor a written determination, which determination will become the final agency decision regarding the',
38435:'appropriateness of the markings unless thecontractor filessuitin a court of competentjurisdictionwithin 90 days of receipt ofthe contracting officer’s decision. the',
38436:'government will continue to abide by the markings under this paragraph e1iii until final resolution of the matter either by',
38437:'the contracting officer’sdeterminationbecoming final in which instance the government will thereafter have the right to cancel or ignore the markings',
38438:'at any time and the data will no longer be made subject to any disclosure prohibitions, or by final disposition',
38439:'of the matter by court decision if suit is filed. 2 the time limits in the procedures set forth in',
38440:'paragraph e1 of this clause may be modified in accordance with agency regulations implementing the freedom of information act 5',
38441:'u.s.c. 552 if necessary to respond to a request thereunder. 3 except tothe extent the government’s actionoccurs as the result',
38442:'of final disposition of the matter by a court of competent jurisdiction, the contractor is not precluded by paragraph e',
38443:'of the clause from bringing a claim, in accordance with the disputes clause of this contract, that may arise as',
38444:'the result of the government removing or ignoring authorized markings on data delivered under this contract. f omitted or incorrect',
38445:'markings. 1 data delivered to the government without any restrictive markings shall be deemed to have been furnished with unlimited',
38446:'rights. the government is not liable for the disclosure, use, or reproduction of such data. 2 if the unmarked data',
38447:'has not been disclosed without restriction outside the government, the contractor may request, within 6 months or a longertime approved',
38448:'by the contractingofficer in writing for goodcause shown after delivery ofthe data, permissionto have authorized notices placed on thedata at',
38449:'the contractor’s expense. the contracting officer mayagree to do so if the contractor i identifies the data to which the',
38450:'omitted notice is to be applied; ii demonstrates that the omission of the notice was inadvertent; 52.2322 subpart 52.2 text',
38451:'of provisions and clauses 52.22714 iii establishes that the proposed notice is authorized; and iv acknowledges that the government has',
38452:'no liability for the disclosure, use, or reproduction of any data made prior to the addition of the notice or',
38453:'resulting from the omission of the notice. 3 if data has been marked with an incorrect notice, thecontracting officer may',
38454:'ipermit correctionof the notice at the contractor’s expense if the contractor identifies the data and demonstrates that the correct notice',
38455:'is authorized; or ii correct any incorrect notices. g protection of limited rights data and restricted computer software. 1 the',
38456:'contractor may withhold from delivery qualifying limited rights data or restricted computer software that are not data identified in paragraphs',
38457:'b1i, ii, and iii of this clause. as a condition to this withholding, the contractor shall i identify the data',
38458:'being withheld; and ii furnish form, fit, and function data instead. 2 limited rights data that are formatted as a',
38459:'computer database for delivery to the government shall be treated as limited rights data and not restricted computer software. 3',
38460:'[reserved] h subcontracting. the contractor shall obtain from its subcontractors all data and rights therein necessary to fulfill thecontractor’s obligations',
38461:'tothe government underthis contract. if a subcontractor refuses to accept terms affording the government those rights, thecontractor shall promptlynotify the',
38462:'contracting officer ofthe refusal andshallnot proceed with the subcontract award withoutauthorizationin writing from the contractingofficer. i relationship to patents or',
38463:'other rights. nothing contained in this clause shall imply a license to the government under any patent orbe construedas affecting',
38464:'the scope of any license or other right otherwise granted to the government. end of clause alternate i dec 2007.',
38465:'as prescribed in 27.409 b2, substitute the following definition for limited rights data in paragraph a of the basic clause:',
38466:'limited rights data means data, other than computer software, developed at private expense that embody trade secrets or are commercial',
38467:'or financial and confidential or privileged. alternate ii dec 2007. as prescribed in 27.409b3, insert the following paragraph g3 in',
38468:'the basic clause: g3 notwithstanding paragraph g1 of this clause, the contract may identify and specify the delivery of limited',
38469:'rights data, orthe contracting officermay require bywritten request the delivery of limited rights data that hasbeenwithheld or would otherwise be',
38470:'entitled to be withheld. if deliveryof that data is required, the contractorshallaffix thefollowing limited rights notice to the data and',
38471:'the government will treat the data, subject to the provisions of paragraphs e and f of this clause, in accordance',
38472:'with the notice: limited rights notice dec 2007 a these data are submitted with limited rights under government contract no.',
38473:'and subcontract , if appropriate. these data may be reproduced and used by the government with the express limitation that',
38474:'they will not, without written permission of the contractor, be used for purposes of manufacture nor disclosed outside the government;',
38475:'except that the government may disclose these data outside the government for the following purposes, if any; provided that the',
38476:'government makes such disclosure subject to prohibition against further use and disclosure: [agencies may list additional purposes as set forth',
38477:'in 27.4042c1 or if none, so state.] b this notice shall be marked on any reproduction of these data, in',
38478:'whole or in part. end of notice alternate iii dec 2007. as prescribed in 27.409b4, insert the following paragraph g4',
38479:'in the basic clause: g4i notwithstanding paragraph g1 of this clause, the contract may identify and specify the delivery of',
38480:'restricted computer software, or the contracting officer may require by written request the delivery of restricted computer software that has',
38481:'been withheld or would otherwise be entitled to be withheld. if delivery of that computer software is required, the contractor',
38482:'shall affix the following restricted rights notice to the computer softwareandthe government will treat the computer software, subject to paragraphs',
38483:'e and f of this clause, in accordance with the notice: restricted rights notice dec 2007 52.2323 52.22715 federal acquisition',
38484:'regulation a this computer software is submitted with restricted rights under government contract no. and subcontract , if appropriate. it',
38485:'may not be used, reproduced, or disclosed by the government except as provided in paragraph b of this notice or',
38486:'as otherwise expressly stated in the contract. b this computer software may be 1 used or copied for use with',
38487:'the computers for which it was acquired, including use at any government installation to which the computers may be transferred;',
38488:'2 used or copied for use with a backup computer if any computer for which it was acquired is inoperative;',
38489:'3 reproduced for safekeeping archives or backup purposes; 4 modified, adapted, or combined with other computer software, provided that the',
38490:'modified, adapted, or combined portions of the derivative software incorporating any of the delivered, restricted computer software shall be subject',
38491:'to the same restricted rights; 5 disclosed to and reproduced for use by support service contractors or their subcontractors in',
38492:'accordance with paragraphs b1 through 4 of this notice; and 6 used or copied for use with areplacement computer. c',
38493:'notwithstanding the foregoing, if this computer software is copyrighted computer software, it is licensed to the government with the minimum',
38494:'rights set forth in paragraph b of this notice. d any other rights or limitations regarding the use, duplication, or',
38495:'disclosure of this computer software are to be expressly stated in, or incorporated in, the contract. e this notice shall',
38496:'be marked on any reproduction of this computer software, in whole or in part. end of notice ii where it',
38497:'is impractical to include the restricted rights notice on restricted computer software, the following short form notice may be used',
38498:'instead: restricted rights notice short form jun 1987 use, reproduction, or disclosure is subject to restrictions set forth in contract',
38499:'no. and subcontract, if appropriate with name of contractor and subcontractor. end of notice iii if restricted computer software is',
38500:'delivered with the copyright notice of 17 u.s.c. 401, it will be presumed to be licensed to the government without',
38501:'disclosure prohibitions, with the minimum rights set forth in paragraph b of this clause. alternate iv dec 2007. as prescribed',
38502:'in 27.409b5, substitute the following paragraph c1 for paragraph c1 of the basic clause: c copyright1 data first produced in',
38503:'the performance of the contract. except as otherwise specifically provided in this contract, the contractor may assert copyright in any',
38504:'data first produced in the performance of this contract. when asserting copyright, the contractor shall affix the applicable copyright notice',
38505:'of 17 u.s.c. 401 or 402, and an acknowledgment of government sponsorship including contract number, to the data when such',
38506:'data are delivered to the government, as well as whenthe data are publishedor deposited for registrationas apublished work in the',
38507:'u.s. copyright office. for data other than computer software, the contractor grants to the government, and others acting on its',
38508:'behalf, a paidup, nonexclusive, irrevocable, worldwide license for all such data to reproduce, prepare derivative works, distribute copies to the',
38509:'public, and perform publicly and display publicly, byor on behalf of thegovernment. for computer software, the contractor grants to the',
38510:'government and others acting on its behalf, a paidup, nonexclusive, irrevocable, worldwide license for all such computer software to reproduce,',
38511:'prepare derivative works, and perform publicly and display publicly but not to distribute copies to the public, by or on',
38512:'behalf of the government. alternate v dec 2007. as prescribed in 27.409b6, add the following paragraph j to the basic',
38513:'clause: j the contractor agrees, except as may be otherwise specified in this contract for specific data deliverables listed as',
38514:'not subject to this paragraph, thatthe contracting officermay, up to three yearsafter acceptanceof all deliverablesunder this contract, inspect at the',
38515:'contractor’s facilityany data withheld pursuant toparagraph g1 of this clause, for purposes of verifying the contractor’s assertion of limited rights',
38516:'or restricted rights status of thedata or for evaluating work performance. when the contractor whose data areto beinspected demonstrates to',
38517:'the contracting officer that there would be a possible conflict of interest if aparticular representative made the inspection, the contractingofficer',
38518:'shall designate an alternate inspector. 52.22715 representation of limited rights data and restricted computer software. as prescribed in 27.409c, insert',
38519:'the following provision: 52.2324 subpart 52.2 text of provisions and clauses 52.22717 representation of limited rights data and restricted computer',
38520:'software dec 2007 a this solicitation sets forth the government’s known deliveryrequirements for data as defined in the clause at',
38521:'52.22714, rights in datageneral. any resulting contract may also provide the government the option to order additional data under the',
38522:'additional data requirements clause at 52.22716, if included in the contract. any data delivered under the resulting contract will be',
38523:'subject to the rights in datageneral clause at 52.22714 included in this contract. under the latter clause, a contractor may',
38524:'withhold from delivery data that qualify as limited rights data or restricted computer software, and deliver form, fit, and function',
38525:'data instead. the latter clause also may be used with its alternates ii and/or iii to obtain delivery of limited',
38526:'rights data or restricted computer software, marked with limited rights or restricted rights notices, as appropriate. in addition, use of',
38527:'alternate v with this latter clause provides the government the right to inspect such data at thecontractor’s facility. b by',
38528:'completing the remainder of thisparagraph, theofferor representsthat it has reviewed the requirements for the delivery of technical data or computer',
38529:'software and states [offeror check appropriate block]□ none of the data proposed for fulfilling the data delivery requirements qualifies as',
38530:'limited rights data or restricted computer software; or □ data proposed for fulfilling the data delivery requirements qualify as limited',
38531:'rights data or restricted computer software and are identified as follows: c any identification of limited rights data or restrictedcomputer',
38532:'software in the offeror’sresponse is not determinative of the status ofthe data should a contract be awarded to the offeror.',
38533:'end of provision 52.22716 additionaldatarequirements. as prescribed in 27.409d, insert the following clause: additional data requirements june 1987 a in',
38534:'addition to the data as defined in the clause at 52.22714, rights in datageneral clause or other equivalent includedin this',
38535:'contract specified elsewhere in this contract to be delivered,the contracting officermay, at any time during contract performance or within a',
38536:'period of 3 years after acceptance of all items to be delivered under this contract, order any data first produced',
38537:'or specifically used in the performance of this contract. b the rights in datageneral clause or other equivalent included in',
38538:'this contract is applicable to all data ordered under this additional data requirements clause. nothing contained in this clause shall',
38539:'require the contractor to deliver any data the withholding of which is authorized by the rights in datageneral or other',
38540:'equivalent clause of this contract, or data which are specifically identified in this contract as not subject to this clause.',
38541:'c when data are to be delivered under this clause, the contractor will be compensated for converting the data into',
38542:'the prescribed form, for reproduction, andfordelivery. d the contracting officer may release the contractor from the requirements of this clause',
38543:'for specifically identified data items at any time during the 3year period set forth in paragraph a of this clause.',
38544:'end of clause 52.22717 rights in dataspecial works. as prescribed in 27.409e, insert the following clause: rights in dataspecial works',
38545:'dec 2007 a definitions. as used in this clause52.2 325 52.22718 federal acquisition regulation data means recorded information, regardless of',
38546:'form or the media on which it may be recorded. the term includes technical data and computer software. the term',
38547:'does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. unlimited rights',
38548:'means the rights of the government to use, disclose, reproduce, prepare derivative works, distribute copiesto the public, andperformpublicly and display',
38549:'publicly, in anymanner and for any purpose,and to have orpermit others to do so. b allocation of rights. 1 the',
38550:'government shall have i unlimited rights in all data delivered under this contract, and in all data first produced in',
38551:'the performance of this contract, except as provided in paragraph c of this clause. ii the right to limit assertion',
38552:'of copyright in data first produced in the performance of this contract, and to obtain assignment of copyright in that',
38553:'data, in accordance with paragraph c1 of this clause. iii the right to limit the release and use of certain',
38554:'data in accordance with paragraph d of this clause. 2 the contractor shall have, to the extent permission is granted',
38555:'in accordance with paragraph c1 of this clause, the right to assert claim to copyright subsisting in data first produced',
38556:'in the performance of this contract. c copyright1 data first produced in the performance of this contract. i the contractor',
38557:'shall not assert or authorize others to assert any claim to copyright subsisting in any data first produced in the',
38558:'performance of this contract without prior written permission of the contractingofficer. when copyright is asserted, the contractorshallaffix theappropriate copyright notice',
38559:'of 17 u.s.c. 401 or 402 and acknowledgment of government sponsorship including contract number to the data when delivered to',
38560:'the government, as well as when the data are published or deposited for registration as a published work in theu.s.',
38561:'copyright office. the contractor grants to the government, and others acting on itsbehalf, a paidup, nonexclusive, irrevocable, worldwide license for',
38562:'all delivered data to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly,by or',
38563:'on behalf of the government. ii if the government desires to obtain copyright in data first produced in the performance',
38564:'of this contract and permission has not been granted as set forth in paragraph c1i of this clause, the contracting',
38565:'officer shall directthe contractor to assign with or without registration, or obtain the assignment of, the copyright to the government',
38566:'or its designated assignee. 2 data not first produced in the performance of this contract. the contractor shall not, without',
38567:'prior written permission ofthe contracting officer, incorporate indata deliveredunder this contract any data not firstproduced in the performance of this',
38568:'contract and that contain the copyright notice of 17 u.s.c. 401 or 402, unless the contractor identifies such data and',
38569:'grants to the government, or acquires on its behalf, a license of the same scope as set forth in paragraph',
38570:'c1 of this clause. d release and use restrictions. except as otherwise specifically provided for in this contract, the contractor',
38571:'shall not use, release, reproduce, distribute, or publish any data first produced in the performance of this contract, nor authorize',
38572:'others to do so, without written permission of the contractingofficer. e indemnity. the contractor shall indemnify thegovernment and its officers,agents,',
38573:'and employees acting for the government against any liability, including costsand expenses, incurred as the resultof the violation of tradesecrets,',
38574:'copyrights, orright of privacy or publicity, arising outof the creation, delivery, publication, oruse ofany data furnished under this contract; or',
38575:'any libelous or other unlawful matter contained in such data. the provisions of this paragraph do not apply unless the',
38576:'government provides noticeto the contractoras soon as practicable of any claim or suit, affords the contractor an opportunity under applicable',
38577:'laws, rules, or regulations to participate in the defense of the claim or suit, and obtains the contractor’s consentto the',
38578:'settlement of any claim orsuit otherthan as required by final decreeof acourtof competent jurisdiction; and these provisions do not apply',
38579:'to material furnished to the contractor by the government and incorporated in data to which this clause applies. end of',
38580:'clause 52.22718 rights in dataexisting works. as prescribed in 27.409f, insert the following clause: rights in dataexisting worksdec 2007 a',
38581:'except as otherwise provided in this contract, the contractor grants to the government, and others acting on its behalf, a',
38582:'paidup nonexclusive, irrevocable, worldwide license to reproduce, prepare derivative works, and perform publicly and 52.2326 subpart 52.2 text of provisions',
38583:'and clauses 52.22720 display publicly,by or on behalf of the government, for allthe material or subject mattercalled for underthiscontract, orfor',
38584:'which this clause is specifically made applicable. b the contractor shall indemnify the government and its officers, agents, and employees',
38585:'acting for the government against any liability, including costsandexpenses, incurred as the resultof 1 the violation of trade secrets,copyrights, or',
38586:'right of privacy or publicity, arising out of the creation,delivery,publication or use of any data furnished under this contract; or',
38587:'2 any libelous or other unlawful matter contained in such data. the provisions of this paragraph do not apply unless',
38588:'thegovernment provides noticeto thecontractor assoon as practicable of any claim or suit, affords thecontractor an opportunity under applicable laws, rules,',
38589:'or regulations to participate in the defense of the claim or suit, and obtains the contractor’sconsent to the settlementof any',
38590:'claimor suit other than as required byfinal decree of a court of competent jurisdiction; and do not apply to material',
38591:'furnished to the contractor by the government and incorporated in data to which this clause applies. end of clause 52.22719',
38592:'commercial computer softwarelicense. as prescribed in 27.409g, insert the following clause: commercial computer software license dec 2007 a notwithstanding any',
38593:'contraryprovisionscontained inthe contractor’sstandard commercial license or lease agreement, the contractor agrees that the government will have the rights that are',
38594:'set forth in paragraph b of this clause to use, duplicate or disclose any commercial computer software delivered under this',
38595:'contract. the terms and provisions of this contract shall comply with federal laws and the federal acquisition regulation. b 1',
38596:'the commercial computer software delivered under this contract may not be used, reproduced, or disclosed by the government except as',
38597:'provided in paragraph b2 of this clause or as expressly stated otherwise in this contract. 2 the commercial computer software',
38598:'may be i used or copied for use with the computers for which it was acquired, including use at any',
38599:'government installation to which the computers may be transferred; ii used or copied for use with a backup computer if',
38600:'any computer for which it was acquired is inoperative; iii reproduced for safekeeping archives or backup purposes; iv modified, adapted,',
38601:'or combined with other computer software, provided that the modified, adapted, or combined portions of the derivative software incorporating any',
38602:'of the delivered, commercial computer software shall be subject to same restrictions set forth in this contract; v disclosed to',
38603:'and reproduced for use by support service contractors or their subcontractors, subject to the same restrictions set forth in this',
38604:'contract; and vi used or copied for use with areplacement computer. 3 if the commercial computer software is otherwise available',
38605:'without disclosure restrictions, the contractor licenses it to the government without disclosure restrictions. c thecontractor shall affix a notice substantially',
38606:'asfollows to any commercialcomputer software delivered under this contract: noticenotwithstanding any other lease or license agreement that may pertain to,',
38607:'or accompany the delivery of, this computer software, the rights of the government regarding its use, reproduction and disclosure are',
38608:'as set forth in government contract no.. end of clause 52.22720 rights in datasbir program. as prescribed in 27.409h, insert',
38609:'the following clause: rights in datasbir program may 2014 a definitions. as used in this clause52.2 327 52.22720 federal acquisition',
38610:'regulation computer database or database means a collection of recorded information in a form capable of, and for the purpose',
38611:'of, being stored in, processed, and operated on bya computer. the term does not include computer software. computer software 1',
38612:'means. i computer programs that comprise a series of instructions, rules, routines, or statements, regardless of the media in which',
38613:'recorded, that allow or cause a computer to perform a specific operation or series of operations; and ii recorded information',
38614:'comprising source code listings, design details, algorithms, processes, flow charts, formulas, and related material that would enable the computer program',
38615:'to be produced, created, or compiled. 2 does not include computer databases or computer software documentation. computer software documentation means',
38616:'owner’s manuals,user’s manuals, installation instructions,operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the',
38617:'computer software or provide instructions for using the software. data means recorded information, regardless of form or the media on',
38618:'which it may be recorded. the term includes technical data and computer software. the term does not include information incidental',
38619:'to contract administration, such as financial, administrative, cost or pricing or management information. form, fit, and function data means data',
38620:'relating to items,components, or processes that are sufficientto enable physical and functionalinterchangeability, and data identifying source, size, configuration,matingand attachmentcharacteristics, functional',
38621:'characteristics, and performance requirements. for computer software it means data identifying source, functional characteristics, and performance requirements but specifically excludes',
38622:'the source code, algorithms, processes, formulas, and flow charts of the software. limited rights data means data other than computer',
38623:'software developed at private expense that embody trade secrets or are commercial or financial and confidential or privileged. restricted computer',
38624:'software means computer software developed at private expense and that is a trade secret, is commercial or financial and confidential',
38625:'or privileged, or is copyrighted computer software, including minor modifications of the computer software. sbir data means data first produced',
38626:'by a contractor that is a small business concern in performance of a small business innovation research contract issued under',
38627:'the authority of 15 u.s.c. 638, which data are not generally known, and which data without obligation as to its',
38628:'confidentiality have not been made available to others by the contractor or are not already available to the government. sbir',
38629:'rights means the rights in sbir data set forth in the sbir rights notice of paragraph d of this clause.',
38630:'technical data means recorded information regardless of the form or method of the recording of a scientific or technical nature',
38631:'including computer databases and computer software documentation. this term does not include computer software or financial, administrative, cost or pricing,',
38632:'or management data or other information incidental to contract administration. the term includes recorded information of a scientific or technical',
38633:'nature that is included in computer databases. see 41 u.s.c. 116. unlimited rights means the right of the government to',
38634:'use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any mannerandforany',
38635:'purpose whatsoever, and to have or permit others to do so. b allocation of rights. 1 except as provided in',
38636:'paragraph c of this clause regarding copyright, the government shall have unlimited rights in i data specifically identified in this',
38637:'contract as data to be delivered without restriction; ii form, fit, and function data delivered under this contract; iii data',
38638:'delivered under this contract except for restricted computer software that constitute manuals or instructional and training material for installation, operation,',
38639:'or routine maintenance and repair of items, components, or processes delivered or furnished for use under this contract; and iv',
38640:'all other data delivered under this contract unless provided otherwise for sbir data in accordance with paragraph d of this',
38641:'clause or for limited rights data or restricted computer software in accordance with paragraph f of this clause. 2 the',
38642:'contractor shall have the right to i assert copyright in data first produced in the performance of this contract to',
38643:'the extent provided in paragraph c 1 of this clause; ii protect sbir rights in sbir data delivered under this',
38644:'contract in the manner and to the extent provided in paragraph d of this clause; 52.2328 subpart 52.2 text of',
38645:'provisions and clauses 52.22720 iii substantiate use of, add, or correct sbir rights or copyright notices and to take other',
38646:'appropriate action, in accordance with paragraph e of this clause; and iv withhold from deliverythose datawhich are limited rights data',
38647:'or restricted computersoftware to the extent provided in paragraph f of this clause. c copyright1 data first produced in the',
38648:'performance of this contract. i except as otherwise specifically provided in this contract, the contractor may assert copyright subsisting in',
38649:'any data first produced in the performance of this contract. iiwhen asserting copyright, the contractor shall affix the applicable copyright',
38650:'notice of 17 u.s.c. 401 or 402 and an acknowledgment of government sponsorship including contract number. iii for data other',
38651:'than computer software, the contractor grants to the government, and others acting on its behalf, a paidup nonexclusive, irrevocable, worldwide',
38652:'license to reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, by or on',
38653:'behalf of the government. for computer software,the contractor grants to the government, and others acting on its behalf, a paidup,',
38654:'nonexclusive, irrevocable, worldwide license in such copyrighted computer software to reproduce,prepare derivativeworks, and perform publicly and display publicly, byor on',
38655:'behalf of the government. 2 data not first produced in the performance of this contract. the contractor shall not, without',
38656:'prior written permission ofthe contracting officer, incorporate indata deliveredunder this contract any data that are not firstproduced in the performance',
38657:'of this contract unless the contractor i identifies such data and ii grants to the government, or acquires on its',
38658:'behalf, a license of the same scope as set forth in paragraph c1 of this clause. 3 removal of copyright',
38659:'notices. the government will not remove any copyright notices placed on data pursuant to this paragraph c, and will include',
38660:'such notices on all reproductions of the data. d rights to sbir data. 1thecontractorisauthorizedtoaffixthefollowing sbirrightsnotice tosbirdata delivered under this contract',
38661:'and the government will treat the data, subject to the provisions of paragraphs e and f of this clause, in',
38662:'accordance with the notice: sbir rights notice dec 2007 these sbir data are furnished with sbir rights under contract no.',
38663:'and subcontract , if appropriate. for a period of 4 years,unlessextended in accordancewith far 27.409h, after acceptance of all items',
38664:'to be delivered under this contract, the government will usethese data for government purposes only, and theyshallnot be disclosed outside',
38665:'the government including disclosure for procurement purposes during such period without permission of the contractor, except that, subject to the',
38666:'foregoing use and disclosure prohibitions, these data may be disclosed for use by support contractors. after the protection period, the',
38667:'government has a paidup license to use, and to authorize others to use on its behalf, these data for government',
38668:'purposes, but is relieved of all disclosure prohibitions and assumes no liability for unauthorized use of these data bythirdparties. this',
38669:'notice shall beaffixedto any reproductions of these data, in whole orin part. end of notice 2 the government’s sole obligation',
38670:'with respect to any sbir data shall be as setforth in this paragraph d. e omitted or incorrect markings. 1',
38671:'data delivered to the government without any notice authorized by paragraph d of this clause shall be deemed to have',
38672:'been furnished with unlimited rights. the government assumes no liability for the disclosure, use, or reproduction of such data. 2',
38673:'if the unmarked data has not been disclosed without restriction outside the government, the contractor may request, within 6 months',
38674:'or a longertime approved by the contractingofficer in writing for goodcause shown after delivery ofthe data, permissionto have authorized notices',
38675:'placed on thedata at the contractor’s expense, and the contracting officer may agree to do so if the contractor i',
38676:'identifies the data to which the omitted notice is to be applied; ii demonstrates that the omission of the notice',
38677:'was inadvertent; iii establishes that the use of the proposed notice is authorized; and iv acknowledges that the government has',
38678:'no liability with respect to the disclosure or use of any such data made prior to the addition of the',
38679:'notice or resulting from the omission of the notice. 3 if the data has been marked withan incorrectnotice,the contracting officermay',
38680:'ipermit correctionof the notice at the contractor’s expense, if the contractor identifiesthe dataanddemonstrates that the correct notice is authorized; or',
38681:'ii correct any incorrect notices. 52.2329 52.22721 federal acquisition regulation f protection of limited rights data and restricted computer software.',
38682:'the contractor may withhold from delivery qualifying limited rights data and restricted computer software that are not identified in paragraphs',
38683:'b1i, ii, and iii of this clause. as a condition to this withholding, the contractor shall identify the data being',
38684:'withheld, and furnish form, fit, and function data instead. g subcontracting. the contractor shall obtain from its subcontractors all data',
38685:'and rights therein necessary to fulfill thecontractor’s obligations tothe government underthis contract. if a subcontractor refuses to accept terms affording',
38686:'the government those rights, thecontractor shall promptlynotify the contracting officer ofthe refusal andnot proceed with the subcontract award without furtherauthorizationin',
38687:'writingfrom the contractingofficer. h relationship to patents. nothing contained in this clause shall imply a license to the government under',
38688:'any patent or beconstrued as affecting the scope ofanylicense or otherright otherwise granted to the government. end of clause 52.22721',
38689:'technical data declaration, revision, and withholdingof paymentmajorsystems. as prescribed in 27.409j, insert the following clause: technical data declaration, revision, and',
38690:'withholding of paymentmajor systems may 2014 a scope of declaration. the contractor shall provide, in accordance with 41 u.s.c. 2302e7,',
38691:'the following declaration with respect to all technical data that relate to a major system and that are delivered or',
38692:'required to be delivered under this contract or that are delivered within 3 years after acceptance of all items other',
38693:'than technical data delivered under this contract unless a differentperiod isset forthin thecontract. thecontracting officer may release the contractor from',
38694:'all or part of the requirements of this clause for specifically identified technical data items at any time during the',
38695:'period covered by this clause. btechnicaldatadeclaration. 1 all technical data that are subject to this clause shall be accompanied by',
38696:'the following declaration upon delivery: technical data declaration jan 1997 the contractor, , hereby declares that, to the best of',
38697:'its knowledge and belief, the technical data delivered herewith under government contract no. and subcontract , if appropriate are complete,',
38698:'accurate, and comply with the requirements of the contract concerning such technical data. end of declaration 2 the government may,',
38699:'at any time during theperiod covered bythis clause, directcorrection of any deficiencies that are not in compliance with contract requirements.',
38700:'thecorrections shall bemade atthe expense of the contractor. unauthorized markings on data shall not be considered a deficiency for the',
38701:'purpose of this clause, but will be treated in accordance with paragraph e of the rights in datageneral clause included',
38702:'in this contract. c technical data revision. the contractoralsoshall, at the request of the contractingofficer, revise technical data that aresubject',
38703:'to this clauseto reflect engineering design changes madeduring the performance of this contract and affecting the form, fit, and function',
38704:'of any item other than technical data delivered under this contract. the contractor may submit a request for an equitable',
38705:'adjustment to the terms and conditions of this contract for any revisions to technical data made pursuant to this paragraph.',
38706:'dwithholdingofpayment. 1atanytimebeforefinalpaymentunderthiscontractthecontractingofficermay withhold payment as a reserve up to an amount not exceeding $100,000 or 5 percent of the amount',
38707:'of this contract, whichever is less, if the contractor fails to i make timely delivery of the technical data; ii',
38708:'provide the declaration required by paragraph b1 of this clause; iii make the corrections required by paragraph b2 of this',
38709:'clause; or iv make revisions requested under paragraph c of this clause. 2 the contracting officer may withhold the reserveuntil',
38710:'thecontractor has complied withthe direction or requests of the contracting officer ordeterminesthat the deficiencies relating to delivered data, arose out',
38711:'of causes beyond the control of the contractor and without thefault or negligence of the contractor. 52.2330 subpart 52.2 text',
38712:'of provisions and clauses 52.22723 3 the withholding of any reserve under this clause, or the subsequent payment of the',
38713:'reserve, shall not be construed as a waiver of any government rights. end of clause 52.22722 major systemminimum rights. as',
38714:'prescribed in 27.409k, insert the following clause: major systemminimum rights june 1987 notwithstanding any other provision of this contract, the',
38715:'government shall have unlimited rights in any technical data, other than computer software, developed in the performance of this contract',
38716:'and relating to a major system or supplies for a major system procured or to be procured by the government,',
38717:'to the extent that delivery of such technical data is required as an element of performance under this contract. the',
38718:'rights of the government under this clause are in addition to and not in lieu of its rights under the',
38719:'other provisions of this contract. end of clause 52.22723 rights to proposaldata technical. as prescribed in 27.409l, insert the following',
38720:'clause: rights to proposal data technical june 1987 except for data contained on pages , it is agreed that as',
38721:'a condition of award of this contract, and notwithstanding the conditions of any notice appearing thereon, the government shall have',
38722:'unlimited rights as defined in the rights in data general clause contained in this contract in and to the technical',
38723:'data contained in the proposal dated , upon which this contract is based. end of clause 52.2331 this page intentionally',
38724:'left blank. 52.2332 subpart 52.2 text of provisions and clauses 52.2283 52.228[reserved] 52.2281 bid guarantee. as prescribed in 28.1012, insert',
38725:'a provision or clause substantially as follows: bid guarantee sept 1996 a failure to furnish a bid guarantee in the',
38726:'proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid.',
38727:'b the bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by',
38728:'good and sufficient surety or sureties acceptable to the government, postal money order,certifiedcheck, cashier’s check, irrevocable letter of credit, or,',
38729:'under treasury department regulations,certain bondsor notes of the unitedstates. the contracting officer will return bid guarantees,other thanbid bonds 1 to',
38730:'unsuccessful bidders as soon aspracticable afterthe opening ofbids; and 2 to the successful bidder upon execution of contractual documents and',
38731:'bonds including any necessarycoinsurance or reinsurance agreements, as required by the bid as accepted. c the amount of the bid',
38732:'guarantee shall be percent of the bid price or $, whichever is less. d if the successful bidder, uponacceptance of',
38733:'its bid by the government within the periodspecified for acceptance, fails to executeallcontractual documentsor furnish executed bonds within 10 days',
38734:'after receipt ofthe forms by the bidder, the contracting officermay terminate the contract for default. e in the event the',
38735:'contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds theamount of',
38736:'its bid, and thebid guarantee is availableto offset thedifference. end of clause 52.2282additional bondsecurity. as prescribed in 28.1064a, insert the',
38737:'following clause: additional bond security oct 1997 the contractor shall promptly furnish additional security required to protect the government and',
38738:'persons supplying labor or materials under this contract if a any surety uponanybond, or issuing financial institution for other security,',
38739:'furnishedwith this contract becomes unacceptable to the government; b any surety fails to furnish reports on its financial condition as',
38740:'required by the government; c the contract price is increased so that the penal sum of any bond becomes inadequate',
38741:'in the opinion of the contracting officer; or d an irrevocable letterof credit ilcused as securitywill expirebefore theend of the',
38742:'period of requiredsecurity. if the contractor does not furnish an acceptable extension or replacement ilc, or other acceptable substitute, at',
38743:'least 30 days before anilc’s scheduled expiration, the contracting officer has the right to immediately drawon the ilc. end of',
38744:'clause 52.2283workers’ compensationinsurance defense base act. as prescribed in 28.309a, insert the following clause: workers’ compensation insurance defense base act',
38745:'jul 2014 a the contractor shall 1 before commencing performance under this contract, establish provisions to provide for the payment',
38746:'of disability compensation and medical benefits to covered employees and death benefits to their eligible survivors, by purchasing workers’ compensation',
38747:'insurance or qualifying asa selfinsurer under the longshore andharbor workers’ compensation act 52.2333 52.2284 federal acquisition regulation 33 u.s.c. 932',
38748:'as extended by the defense base act 42 u.s.c.1651, etseq., and continue to maintain provisions to provide such defense base',
38749:'act benefits until contract performance is completed; 2 within ten days of an employee’s injury or deathor fromthe date the',
38750:'contractor hasknowledge of theinjury or death, submit form ls202 employee’sfirst report of injury or occupational illness to the department of',
38751:'laborin accordance with thelongshoreand harbor workers’ compensation act 33 u.s.c. 930a, 20 cfr 702.201 to 702.203; 3 pay all compensation',
38752:'due for disability or death within the time frames required by the longshore and harbor workers’ compensationact33 u.s.c. 914, 20',
38753:'cfr 702.231 and 703.232; 4 provide for medical careas required by thelongshore and harborworkers’ compensation act 33 u.s.c. 907, 20',
38754:'cfr 702.402 and 702.419; 5 if controverting the right to compensation, submit form ls207 notice of controversion of right to',
38755:'compensation to the departmentof labor in accordance with the longshoreandharbor workers’ compensation act 33 u.s.c. 914d, 20 cfr 702.251; 6',
38756:'immediately upon making the first payment of compensation in any case, submit form ls206 payment of compensation without award tothe',
38757:'department of labor in accordance with the longshore and harborworkers’ compensation act 33 u.s.c. 914c, 20 cfr 702.234; 7 when',
38758:'payments are suspended or when making the final payment, submit form ls208 notice of final payment or suspension of compensation',
38759:'payments to the department of labor in accordance with the longshore and harbor workers’ compensationact33 u.s.c. 914c and g, 20',
38760:'cfr 702.234 and 702.235; and 8 adhere toallother provisions ofthe longshore and harbor workers’ compensationactas extended by the defense base',
38761:'act, and department of labor regulations at 20 cfr parts 701 to 704. b for additional information on the longshore',
38762:'and harbor workers’ compensation act requirements see http:// www.dol.gov/owcp/dlhwc/lsdba.htm. c the contractor shall insert the substance of this clause, including',
38763:'this paragraph c, in all subcontracts to which the defense base act applies. end of clause 52.2284workers’ compensationand warhazard insurance',
38764:'overseas. as prescribed in 28.309b, insert the following clause: workers’ compensation and warhazard insurance overseas apr 1984 a this paragraph',
38765:'appliesif the contractoremploysanypersonwho, but for a waiver grantedby the secretary oflabor, would be subject to workers’ compensation insurance under the',
38766:'defense base act 42 u.s.c.1651, etseq.. on behalf of employees for whom the applicability of the defense base act has',
38767:'been waived, the contractor shall 1 provide, before commencing performance under this contract, at least that workers’ compensation insurance or',
38768:'the equivalent as the laws of the country of which these employees are nationals may require, and 2 continue to',
38769:'maintain it until performance is completed. the contractor shall insert, in all subcontracts under this contract to which the defense',
38770:'base act would apply but for the waiver, a clause similar to this paragrapha including this sentence imposing upon those',
38771:'subcontractors this requirement to provide such workers’ compensation insurance coverage. b this paragraph applies if the contractor or any subcontractor',
38772:'under this contract employs any person who, but for a waiver granted by the secretary of labor, would be subject',
38773:'tothe war hazards compensation act 42 u.s.c.1701, etseq.. on behalf of employees for whom theapplicability ofthe defensebase act and hence',
38774:'thatof the war hazards compensation act has been waived, the contractor shall, subject to reimbursement as provided elsewhere in this',
38775:'contract, afford the same protectionas that provided in the war hazards compensation act, except thatthe levelof benefits shall conform to',
38776:'any law or international agreement controlling the benefits to which the employees may be entitled. in all other respects, the',
38777:'standards of the war hazards compensation act shall apply; e.g., thedefinition of warhazardrisks injury, death, capture, or detention as the',
38778:'result of a war hazard as defined in the act, proof of loss, and exclusion of benefits otherwise covered by',
38779:'workers’ compensation insurance or the equivalent. unless the contractor elects to assume directly the liability to subcontractor employees created by',
38780:'this clause, the contractor shall insert, in all subcontracts under this contract 52.2334 subpart 52.2 text of provisions and clauses',
38781:'52.2287 to which thewar hazardscompensation act would apply butforthe waiver, aclause similar to this paragraph b including this sentence imposing',
38782:'upon those subcontractors this requirement to provide warhazard benefits. end of clause 52.2285insurancework on a government installation. as prescribed in',
38783:'28.310, insert the following clause: insurancework on a government installation jan 1997 a the contractor shall, at its own expense,',
38784:'provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required',
38785:'in the schedule or elsewhere in the contract. b before commencing work under this contract,the contractor shall notify the contracting',
38786:'officer in writingthat the required insurance has been obtained. thepolicies evidencing requiredinsurance shall contain an endorsement tothe effect that any',
38787:'cancellationor any material change adverselyaffecting the government’s interestshallnot be effective 1 for such period as the laws of the state',
38788:'in which this contract is to be performed prescribe; or 2 until 30 days after the insureror the contractor gives',
38789:'written notice to thecontracting officer,whichever period is longer. c the contractor shall insert the substance of this clause, including this',
38790:'paragraph c, in subcontracts under this contract that require work on a government installation and shall require subcontractors to provide',
38791:'and maintain the insurance required in the schedule or elsewhere in the contract. the contractor shall maintain a copy of',
38792:'all subcontractors’ proofs of required insurance, and shall make copies available to the contracting officer upon request. end of clause',
38793:'52.2286 [reserved] 52.2287 insuranceliability to third persons. as prescribed in 28.3111 , insert the following clause: insuranceliability to third personsmar',
38794:'1996 a 1 except as provided in paragraph a2 of this clause, the contractor shall provide and maintain workers’ compensation,',
38795:'employer’s liability, comprehensive general liability bodily injury, comprehensive automobile liability bodilyinjury and property damage insurance, andsuch other insurance as the',
38796:'contracting officer may require under this contract. 2 the contractor may, with the approval ofthe contracting officer, maintain a selfinsuranceprogram,',
38797:'provided that, with respect to workers’ compensation, thecontractor is qualified pursuant tostatutory authority. 3 all insurance required by this paragraph',
38798:'shall be in a form and amount and for those periods as the contracting officer may requireor approve and with',
38799:'insurers approved by the contractingofficer. b the contractor agreesto submit for the contracting officer’s approval, to the extentand in the',
38800:'manner requiredby thecontracting officer,any otherinsurance that is maintained by thecontractor in connection with the performance of this contract and for',
38801:'which the contractor seeks reimbursement. c the contractor shall be reimbursed 1 for that portion i of the reasonable cost',
38802:'of insurance allocable to this contract; and ii required or approved under this clause; and 2 for certain liabilities and',
38803:'expenses incidental to such liabilities to third persons not compensated by insurance or otherwise without regard to and as an',
38804:'exception to the limitation of cost or the limitation of funds clause of this contract. these liabilities must arise out',
38805:'of the performance of this contract, whether or not caused by the negligence of the contractor or ofthe contractor’sagents, servants,',
38806:'or employees, and must berepresented by finaljudgments orsettlements approvedin writing by the government. these liabilities are for52.2 335 52.2288 federal',
38807:'acquisition regulation iloss of or damage to property other than property owned, occupied, or used by thecontractor, rented to the',
38808:'contractor, or in the care, custody, orcontrol ofthe contractor; or iideath or bodily injury. d the government’s liabilityunder paragraph c',
38809:'of this clause issubject to the availability ofappropriated funds at the time a contingency occurs. nothing in this contract shall',
38810:'be construed as implying that the congress will, at a later date, appropriate funds sufficient to meet deficiencies. e the',
38811:'contractor shall not be reimbursed for liabilities and expenses incidental to such liabilities 1 for which the contractor is otherwise',
38812:'responsible under the express terms of any clause specified in the schedule or elsewhere in the contract; 2 for which',
38813:'thecontractor has failed to insure orto maintain insurance as required bythe contracting officer; or 3 that result from willful misconduct',
38814:'orlack of good faith on the part of any ofthe contractor’sdirectors,officers, managers, superintendents, or other representatives who have supervision or',
38815:'direction of iall or substantiallyall of the contractor’s business; iiall or substantiallyallof the contractor’s operations at any one plant or',
38816:'separate location in which this contract is being performed; or iii a separate and complete major industrial operation in connection',
38817:'with the performance of this contract. f the provisions of paragraph e of this clause shall not restrict the right',
38818:'of the contractor to be reimbursed for the cost of insurance maintained by the contractor in connection with the performance',
38819:'of this contract, other than insurance required in accordance with this clause; provided, that such cost is allowable under the',
38820:'allowable cost and payment clause of this contract. g if anysuitor action is filed or any claimis made againstthe contractor,',
38821:'the cost and expense of whichmay be reimbursable to the contractor under this contract, and the risk of which is',
38822:'then uninsured or is insured for less than the amount claimed, the contractor shall 1 immediatelynotify the contractingofficer and promptlyfurnish',
38823:'copies of all pertinent papers received; 2 authorize government representatives to collaborate with counsel for the insurance carrier in settling',
38824:'or defending the claim when the amount of the liability claimed exceeds the amount of coverage; and 3 authorize government',
38825:'representatives to settle or defend the claim and to represent the contractor in or to take charge ofanylitigation, if requiredby',
38826:'the government, when the liabilityis not insured or covered by bond. the contractor may, atits own expense, beassociated with the',
38827:'government representatives in anysuch claimor litigation. end of clause 52.2288liabilityand insuranceleased motor vehicles. as prescribed in 28.312, insert the following',
38828:'clause: liability and insuranceleased motor vehiclesmay 1999 a the government shall be responsible for loss of or damage to 1',
38829:'leased vehicles, except for i normal wear and tear; and iiloss or damage caused by the negligence of the contractor,',
38830:'itsagents, or employees; and 2 property of third persons, or the injury or death of third persons, if the government',
38831:'is liable for such loss, damage, injury, ordeath under the federal tortclaims act 28 u.s.c. 26712680. b the contractor shall',
38832:'beliable for, and shall indemnify and hold harmlessthe government against,allactions or claims for loss of or damage to property or',
38833:'the injury or death of persons, resulting from the fault, negligence, or wrongful act or omission of the contractor, its',
38834:'agents,or employees. c the contractor shall provide and maintain insurance covering its liabilities under paragraph b of this clause, in',
38835:'amounts of at least $200,000 per person and $500,000 per occurrence for death or bodily injury and $20,000 per occurrence',
38836:'for property damage or loss. d before commencing work under this contract,the contractor shall notify the contracting officer in writingthat',
38837:'the required insurance has been obtained. thepolicies evidencing requiredinsurance shall contain an endorsement tothe effect that any cancellationor any material',
38838:'change adverselyaffecting the interests ofthe government shall not be effective 1 for such period as the laws of the state',
38839:'in which this contract is to be performed prescribe or 2 until 30 days after written notice 52.2336 subpart 52.2',
38840:'text of provisions and clauses 52.22811 to the contracting officer, whichever period is longer. the policies shall exclude any claim',
38841:'by the insurerforsubrogation against the government by reason of any payment under the policies. e thecontract priceshallnot include any costs',
38842:'for insurance or contingency tocover losses, damage, injury,or death for which the government is responsible under paragraph a of this',
38843:'clause. end of clause 52.2289 cargo insurance. as prescribed in 28.313a, insert the following clause: cargo insurance may 1999 a',
38844:'thecontractor, at the contractor’s expense,shallprovide and maintain, during thecontinuanceof this contract,cargo insurance of $ per vehicle to cover the value',
38845:'of property on each vehicle and of $ to cover the total value of the property in the shipment. b',
38846:'all insurance shall be written on companies acceptable to [insert name of contracting agency], and policies shall include such terms',
38847:'and conditions as required by [insert name of contracting agency]. the contractor shall provide evidence of acceptable cargo insurance to',
38848:'[insert name of contracting agency] before commencing operations under this contract. c eachcargo insurancepolicyshallinclude the followingstatement: it is a condition',
38849:'of this policy that the company shall furnish 1 written notice to [insert name and address of contracting agency], 30',
38850:'daysin advance of the effective date of any reduction in, or cancellation of, this policy; and 2 evidence of any',
38851:'renewal policy to the address specified in paragraph 1 of this statement, not less than 15 days prior to the',
38852:'expiration of any current policy on file with [insert name of contracting agency]. end of clause 52.22810 vehicular and general',
38853:'public liability insurance. as prescribed in 28.313b, insert a clause substantially the same as the following in solicitations and contracts',
38854:'for transportation orfortransportationrelated services when thecontracting officer determines thatvehicular liability or general public liabilityinsurance required by law is not sufficient:',
38855:'vehicular and general public liability insuranceapr 1984 a thecontractor, at the contractor’s expense,agrees tomaintain, during the continuance ofthiscontract, vehicular liability',
38856:'and general public liability insurance with limits of liability for 1 bodily injury of not less than $ for each',
38857:'person and $ for each occurrence; and 2 property damage of not less than $ for each accident and $',
38858:'in the aggregate. b the contractor also agrees to maintain workers’ compensation and other legally required insurance with respect to',
38859:'the contractor’sown employees and agents. end of clause 52.22811individual surety—pledge of assets. as prescribed in 28.2034b, insert the following clause:',
38860:'individual surety—pledge of assetsfeb 2021 a the contractor shall obtain from each person acting as an individual surety on a',
38861:'performance bond or a payment bond — 1 a pledge of assets that meetsthe eligibility, valuation, and security requirements described',
38862:'inthe federal acquisition regulationfar 28.2031; and 52.2337 52.22812 federal acquisition regulation 2 standard form 28, affidavit of individual surety. b',
38863:'the contracting officer may release aportion of the security interest on the individual suretysassetsbased upon substantial performance of the contractors',
38864:'obligations under its performance bond. the security interest in support of a performance bond shall be maintained— 1 contracts for',
38865:'the construction, alteration, or repair of any public building or public work of the federal government exceeding $150,000 40 u.s.c.',
38866:'3131. until completion of any warranty period, or for 1 year following final payment, whichever is later. 2 contracts subject',
38867:'to alternative payment protection see far 28.1021b1. for the full contract performance period plus 1 year. 3 other contracts not',
38868:'subject to the requirements of paragraph b1 of this clause. until completion of any warranty period,or for 90 days following',
38869:'final payment, whichever is later. c a suretys assets pledged in support of a payment bond may be released to',
38870:'a subcontractor or supplier upon government receipt of a federal district court judgment, or a sworn statement by the subcontractor',
38871:'or supplier that the claim is correct along with a notarized authorization of the release by the surety stating that',
38872:'it approves of such release. the security interest on the individual suretys assets in support of a payment bond shall',
38873:'be maintained— 1 contracts for the construction, alteration, or repair of any public building or public work of the federal',
38874:'government exceeding $150,000 which require performance and payment bonds 40 u.s.c. 3131. for 1 year following final payment, or until',
38875:'resolution of all pending claims filed against the payment bond during the 1year period following final payment, whichever is later.',
38876:'2 contracts subject to alternative payment protection see far 28.1021b1. for the full contract performance period plus 1 year. 3',
38877:'other contracts not subject to the requirements of paragraph c1 of this clause. for 90 days following final payment. d',
38878:'the contracting officer may allow the contractor to substitutean individual surety, for a performanceor payment bond, after contract award. the',
38879:'contractor shall comply with the requirements of paragraph a of this clause within the timeframe establishedby the contracting officer. end',
38880:'of clause 52.22812 prospective subcontractor requests forbonds. as prescribed in 28.1064b, use the following clause: prospective subcontractor requests for bonds',
38881:'dec 2022 in accordance with section 806a3 of pub. l. 102190, as amended by sections 2091 and 8105 of pub.',
38882:'l. 103355 10 u.s.c. 4601 note prec.,upon therequest of a prospective subcontractor or supplier offering to furnish labor or material',
38883:'for the performance of this contract for which a payment bond has been furnished to the government pursuant to 40',
38884:'u.s.c. chapter 31, subchapter iii, bonds, the contractor shall promptly providea copy of such payment bond to the requester. end',
38885:'of clause 52.22813 alternative payment protections. as prescribed in 28.1023b, insert the following clause: alternative payment protections july 2000 a',
38886:'the contractor shall submit one of the following payment protections: b the amount of the payment protection shall be 100',
38887:'percent of the contract price. c the submission of the payment protection is required within days of contract award. d',
38888:'the payment protection shall provide protection for the full contract performance period plus a oneyear period. e except for escrow',
38889:'agreements and payment bonds, which provide their own protection procedures, the contracting officer is authorized to access funds under the',
38890:'payment protection when it has been alleged in writing by a supplier of labor 52.2338 subpart 52.2 text of provisions',
38891:'and clauses 52.22814 or material that a nonpayment has occurred, and to withhold such funds pending resolution by administrative or',
38892:'judicial proceedings or mutual agreement of the parties. f when a tripartite escrow agreement is used, the contractor shall utilize',
38893:'only suppliers of labor and material that signed the escrow agreement. end of clause 52.22814 irrevocable letterof credit. as prescribed',
38894:'in 28.2044, insert the following clause: irrevocable letter of credit nov 2014 a irrevocable letter of credit ilc, as used',
38895:'in this clause, means a written commitment by a federally insured financial institutionto pay all or partof astatedamount of money,',
38896:'until the expirationdate of the letter, upon presentation by the government the beneficiary ofa written demand therefor. neither the financial',
38897:'institution nor theofferor/contractor can revoke or condition the letter of credit. b if the offerorintends to use an ilcin lieu',
38898:'of a bid bond, orto secureothertypes of bonds such as performance and payment bonds, the letter of credit and letter',
38899:'of confirmation formats in paragraphs e and f of this clause shall be used. c the letter of credit shall',
38900:'be irrevocable, shall require presentation of no document other than a written demand and the ilc including confirming letter, if',
38901:'any, shall be issued/confirmed by an acceptablefederally insured financial institution as provided in paragraph d of this clause, and 1',
38902:'if used as a bid guarantee, the ilc shall expire no earlier than 60 days after the close of the',
38903:'bid acceptance period; 2 if used as an alternative to corporate or individual sureties as security for a performance or',
38904:'payment bond, the offeror/contractor may submit an ilc withan initial expiration dateestimated to coverthe entire period for which financial security',
38905:'is required or may submit an ilc with an initial expiration date that is a minimum period of one year',
38906:'from the date of issuance. the ilc shall provide that, unless the issuer provides the beneficiary written notice of nonrenewal',
38907:'at least 60 days in advance of the current expiration date, the ilc is automatically extended without amendment for one',
38908:'year from the expiration date, or any future expiration date, until the period of required coverageis completed and the contracting',
38909:'officer provides the financial institution with a written statement waiving the right to payment. the period of required coverage shall',
38910:'be: i for contracts subject to 40 u.s.c. chapter 31, subchapter iii, bonds, the later of a oneyear following the',
38911:'expected date of final payment; b forperformance bonds only, until completion of any warranty period; or c forpayment bonds only,',
38912:'until resolutionof all claims filed against the payment bond duringthe oneyear period following final payment. ii for contracts not subject',
38913:'to 40 u.s.c. chapter 31, subchapter iii, bonds, the later of a 90 days following final payment; or b forperformance',
38914:'bonds only, until completion of any warranty period. d 1 only federally insured financial institutions rated investment grade by a',
38915:'commercial rating service shall issue or confirm the ilc. 2 unlessthe financial institution issuing the ilc had letter of credit',
38916:'business of at least $25 million in thepast year, ilcs over $5 million must be confirmed by another acceptable financial',
38917:'institution that had letter of credit business of at least $25 million in the past year. 3 the offeror/contractorshallprovide the',
38918:'contracting officer acredit rating that indicates the financial institutions have the required credit rating as of the date of issuance',
38919:'of the ilc. 4 the current rating for a financial institution is available through any of the following rating services',
38920:'registered with theu.s. securitiesand exchange commissionsecas anationally recognized statistical rating organization nrsro. nrsro’s canbe located at the website http://www.sec.gov/answers/nrsro.htm maintained',
38921:'by the sec. e the following format shall be used by the issuing financial institution to create an ilc: [issuing',
38922:'financial institution’s letterhead ornameandaddress] issue date 52.2339 52.22814 federal acquisition regulation irrevocable letter of credit no. account party’sname account party’saddress',
38923:'for solicitation no. for reference only to: [u.s. government agency] [u.s. government agency’s address] 1. we herebyestablishthis irrevocable and transferableletter',
38924:'of credit in your favor for one or more drawings up to united states $. this letter of credit is',
38925:'payable at [issuing financial institution’s and, if any, confirming financial institution’s] office at [issuing financial institution’s address and, if any,',
38926:'confirming financial institution’s address] and expires with our close of business on , or any automatically extended expiration date. 2.',
38927:'we herebyundertaketo honor your or the transferee’s sight drafts drawn on theissuing or, if any, the confirming financial institution, for',
38928:'all or anypart of this credit if presented with this letter of credit and confirmation, if any, at theoffice specified',
38929:'in paragraph1 of this letter of credit on or before the expiration date or any automatically extended expiration date. 3.',
38930:'[this paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.] it is a condition of',
38931:'this letter of credit that it is deemed to be automatically extended without amendment for oneyear from the expiration date',
38932:'hereof, or any future expiration date, unless at least 60 days prior to any expiration date, we notify you or',
38933:'the transferee by registered mail,or other receiptedmeans of delivery, that we electnot to consider this letter of credit renewed for',
38934:'any such additional period. at the time we notify you, we also agree to notify the account party and confirming',
38935:'financial institution, if any by thesame means of delivery. 4. this letter of credit is transferable. transfers and assignments of',
38936:'proceeds are to be effectedwithout charge toeither the beneficiary or the transferee/assignee of proceeds. such transfer or assignment shall be',
38937:'only at the written direction of the government the beneficiary in a form satisfactory to the issuing financial institution and',
38938:'the confirming financial institution, if any. 5. this letter of credit is subject to the uniform customs and practice ucp',
38939:'for documentary credits, international chamber of commerce publication no. insert version in effect at the time of ilc issuance, e.g.,',
38940:'publication 600, 2006 edition and to the extent not inconsistent therewith, to the laws of [state of confirming financial institution,',
38941:'if any,otherwise state ofissuing financial institution]. 6. if this credit expires during an interruption of business ofthis financialinstitution as described',
38942:'inarticle 17of the ucp, thefinancialinstitution specifically agrees to effect payment if this credit is drawn against within 30 daysafter the',
38943:'resumption of our business. sincerely, [issuing financial institution] f the following format shall be used by the financial institution to',
38944:'confirm an ilc: [confirming financial institution’s letterhead or name and address] date our letter of credit advice number beneficiary: [u.s.',
38945:'government agency] issuing financial institution: 52.2340 subpart 52.2 text of provisions and clauses 52.22815 issuingfinancial institution’s lc no. : gentlemen:',
38946:'1. we herebyconfirm the above indicated letter ofcredit, the originalof which is attached, issued by [name of issuing financial institution]',
38947:'for drawings of up to united states dollars /u.s. $ and expiring with our close of business on [the expiration',
38948:'date], or any automatically extended expiration date. 2. drafts drawn under the letter ofcredit and thisconfirmation are payable at our',
38949:'office located at . 3. we herebyundertaketo honor sight drafts drawn underand presentedwith the letter ofcredit and thisconfirmation at our',
38950:'offices as specified herein. 4. [this paragraph is omitted if used as a bid guarantee, and subsequent paragraphs are renumbered.]',
38951:'it is a condition of this confirmation that it be deemed automatically extended without amendment for oneyear from the expiration',
38952:'date hereof, or any automatically extended expiration date, unless: a at least 60 days prior to any such expirationdate, we',
38953:'shall notifythe contracting officer, or the transferee and theissuing financial institution,by registered mail or otherreceipted means of delivery, that we',
38954:'elect not to consider this confirmation extended for any such additional period; or b the issuing financial institutionshallhaveexercisedits right to',
38955:'notify you orthe transferee, the account party, and ourselves, of its election not to extend the expiration date of the',
38956:'letter of credit. 5. this confirmation is subject to the uniform customs and practice ucp for documentary credits, international chamber',
38957:'of commerce publication no. insert version in effect at the time of ilc issuance, e.g., publication 600, 2006 edition and',
38958:'to the extent not inconsistent therewith, to the laws of [state of confirming financial institution]. 6. if this confirmation expires',
38959:'during an interruption of business of this financial institution as described in article 17 of theucp, we specifically agree to',
38960:'effectpayment if this credit is drawn against within30 days afterthe resumptionof our business. sincerely, [confirming financial institution] g the following',
38961:'format shall be used by the contracting officer for asight draft to draw on the letter ofcredit: sight draft [city,',
38962:'state] date [name and address of financial institution] pay to the order of [beneficiary agency] the sum of united states',
38963:'$. this draft is drawn under irrevocable letter of credit no. . [beneficiary agency] [by] end of clause 52.22815 performance',
38964:'and payment bondsconstruction. as prescribed in 28.1023a, insert a clause substantially as follows: performance and payment bondsconstruction jun 2020 a',
38965:'definitions. as used in this clause original contract price means the award price ofthe contract; or, for requirements contracts, the',
38966:'price payableforthe estimated total quantity; or, for indefinitequantity contracts, the price payable for the specified minimum quantity. original contract price',
38967:'does not include the price of any options, except those options exercised at the time of contract award. b amount',
38968:'of required bonds. unless the resulting contract price is valued at or below the threshold specified in federal acquisition regulation',
38969:'28.1021a onthe date of award of this contract, the successful offeror shall furnish performance and paymentbondsto thecontracting officer as follows:',
38970:'1 performance bonds standard form 25. the penal amount of performance bonds at the time of contract award shall be',
38971:'100 percent of the original contract price. 52.2341 52.22816 federal acquisition regulation 2 payment bonds standard form 25a. the penal',
38972:'amount of payment bonds at the time of contract award shall be 100 percent of the original contract price. 3',
38973:'additional bond protection. i the government may require additional performance and payment bond protection if the contract price is increased.',
38974:'the increase in protection generally will equal 100 percent of the increase in contract price. ii the government may secure',
38975:'the additional protection by directing the contractor to increase the penal amount of the existing bond or to obtain an',
38976:'additional bond. c furnishing executed bonds. the contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to the',
38977:'contracting officer, within the timeperiod specified in thebidguarantee provision of the solicitation, or otherwisespecified by thecontracting officer,but in any event,',
38978:'before starting work. d surety or other security for bonds. the bonds shall be in the form of firm commitment,',
38979:'supported by corporate sureties whose names appear on thelist containedin treasury department circular 570, individual sureties, or byotheracceptable security such',
38980:'as postal money order, certified check, cashiers check, irrevocable letterof credit, or, in accordance with treasury department regulations, certain bonds',
38981:'ornotes of the united states. treasurycircular 570 is published inthe federal register or may be obtained from the: u.s. department',
38982:'of thetreasury, financial management, service surety bond branch, 3700east west highway, room 6 f01, hyattsville, md 20782. or via the',
38983:'internet at http://www.fms.treas.gov/c570/. e notice of subcontractor waiver of protection 40 u.s.c. 3133c. any waiver of the right to sue',
38984:'on the payment bond is void unless it is in writing, signed by the person whose right is waived, and',
38985:'executed after such person has first furnished labor or material for use in the performance of the contract. end of',
38986:'clause 52.22816 performance and payment bondsother than construction. as prescribed in 28.1034, insert a clause substantially as follows: performance and',
38987:'payment bondsother than construction nov 2006 a definitions. as used in this clause original contract price means the awardprice of',
38988:'thecontract or, for requirementscontracts,the price payable for the estimated quantity;or, for indefinitequantitycontracts, the price payable for thespecified minimum quantity. original',
38989:'contract price does not include the price of any options, except those options exercised at the time of contract award.',
38990:'b the contractor shall furnish a performance bond standard form 1418 for the protection of the government in an amount',
38991:'equal to percent of the original contract price and a payment bond standard form 1416 in an amount equal to',
38992:'percent of the original contract price. c the contractor shall furnish all executed bonds, including any necessary reinsurance agreements, to',
38993:'the contracting officer, within days, but in any event, before starting work. d the government may require additional performance and',
38994:'payment bond protection if the contract price is increased. the government may secure the additional protection by directing the contractor',
38995:'to increase the penal amount of the existing bonds or to obtain additional bonds. e the bonds shall be in',
38996:'the form of firm commitment, supported by corporate sureties whose names appear on the list containedin treasury department circular 570,',
38997:'individual sureties, or byotheracceptable security such as postal money order, certified check, cashiers check,irrevocable letter of credit, or,in accordance with',
38998:'treasury departmentregulations, certain bonds or notes of the united states. treasury circular 570 is published in the federal register, or',
38999:'may be obtained from the: u.s. department of thetreasury, financial management service, surety bond branch, 3700east west highway, 52.2342 subpart',
39000:'52.2 text of provisions and clauses 52.22817 room 6 f01 hyattsville, md 20782. or via the internet at http://www.fms.treas.gov/c570/. end',
39001:'of clause alternate i july2000. as prescribed in 28.1034, substitute the following paragraphs b and d for paragraphs b and',
39002:'d of the basic clause: b the contractor shall furnish a performance bond standard form 1418 for the protection of',
39003:'the government in an amount equal to percent of the original contract price. d the government may require additional performance',
39004:'bond protection if the contract price is increased. the government may secure the additional protection by directing the contractor to',
39005:'increase the penal amount of the existing bond or to obtain an additional bond. 52.22817 individual surety—pledge of assets bid',
39006:'guarantee. as prescribed in 28.2034a, insert the following provision: individual surety—pledge of assetsfeb 2021 a offerors shall obtain fromeach person',
39007:'acting as an individual surety on a bid guarantee— 1 a pledge of assets that meetsthe eligibility, valuation, and security',
39008:'requirements described inthe federal acquisition regulationfar 28.2031; and 2 standard form 28, affidavit of individual surety. b the offeror shall',
39009:'include with itsoffer the information required at paragraph a of thisprovision withinthe timeframe specified in the provision at far 52.2281,',
39010:'bid guarantee, or as otherwise established by the contractingofficer. c thecontracting officer may release thesecurity intereston the individual suretys assets',
39011:'in support of a bid guarantee basedupon evidencethat the offer supported by the individual suretywill not result in contract award.',
39012:'end of provision 52.2343 this page intentionally left blank. 52.2344 subpart 52.2 text of provisions and clauses 52.2292 52.229[reserved] 52.2291state',
39013:'and localtaxes. as prescribed in 29.4011, insert the following clause: state and local taxes apr 1984 notwithstanding theterms ofthe federal,',
39014:'state, and localtaxes clause, thecontract priceexcludesallstate and local taxes levied on or measured by the contract or sales price of',
39015:'the services or completed supplies furnished under this contract. the contractor shall state separately on its invoices taxes excluded from',
39016:'the contract price, and the government agrees either to pay the amount of the taxes to the contractor or provide',
39017:'evidence necessary to sustain an exemption. end of clause 52.2292north carolina state andlocal sales anduse tax. as prescribed in 29.4012,',
39018:'insert the following clause in solicitations and contracts for construction to be performed in north carolina: north carolina state and',
39019:'local sales and use tax apr 1984 a materials, as used in this clause, means building materials, supplies, fixtures, and',
39020:'equipment that become a part of or are annexed to any building or structure erected, altered, or repaired under this',
39021:'contract. b if this is a fixedprice contract, the contract price includes north carolina state and local sales and use',
39022:'taxes to be paid on materials, notwithstanding any other provision of this contract. if this is a costreimbursement contract, any',
39023:'north carolina state and local sales and use taxes paid by the contractor on materials shall constitute an allowable cost',
39024:'under this contract. c at the timespecified in paragraph d of thissection, the contractor shall furnish thecontracting officer certified statements',
39025:'setting forth the cost of the materials purchased from each vendor and the amount of north carolina state and localsales',
39026:'and use taxes paid. in the event the contractor makesseveral purchases from thesame vendor, thecertified statement shall indicate the invoice',
39027:'numbers, the inclusive dates of the invoices, the total amount of the invoices, and the north carolina state and local',
39028:'sales and use taxes paid. the statement shall also include the cost of any tangible personal property withdrawn from the',
39029:'contractor’s warehouse stock and the amountof north carolina stateandlocal sales or use tax paid on thispropertyby the contractor. anylocal sales',
39030:'or use taxesincluded in the contractor’s statements mustbe shown separately from the state sales or use taxes. the contractor shall',
39031:'furnish any additional information the commissioner of revenue of the state of north carolina may require to substantiate a refund',
39032:'claim for sales or use taxes. the contractor shall also obtain and furnish to the contracting officer similar certified statements',
39033:'byits subcontractors. d if this contract is completed before the next october 1, the certified statements to be furnished pursuant',
39034:'to paragraph c of this clause shall be submitted within 60 days after completion. if this contract is not completed',
39035:'before the next october 1, the certified statements shall be submitted on or before november 30 of eachyear and shall',
39036:'cover taxes paid during the 12month period that ended the preceding september 30. e the certified statements to be furnished',
39037:'pursuant to paragraph c of this clause shall be in the following form: i hereby certify that during the period',
39038:'to [insert dates], [insert name of contractor or subcontractor] paid north carolina state and local sales and use taxes aggregating',
39039:'$ state and $ local, with respect to building materials, supplies, fixtures, and equipment that have become a part of',
39040:'or annexed to a building or structure erected, altered, or repaired by [insert name of contractor or subcontractor] for the',
39041:'united states of america, and that the vendors from whom the property was purchased, the dates and numbers of the',
39042:'invoices covering the purchases, the total amount of the invoices of each vendor, the northcarolina state and local sales and',
39043:'use taxes paid on the property shown separately, and the cost of property withdrawn from warehouse stock and north carolina',
39044:'state and local sales or use taxes paid on this property are as set forth in the attachments. end of',
39045:'clause 52.2345 52.2293 federal acquisition regulation alternate i apr 1984. if the requirement is for vessel repair to be performed',
39046:'in north carolina, substitute the following paragraph a for paragraph a of the basic clause: a materials, as used in',
39047:'this clause, means materials, supplies, fixtures, and equipment that become a part of or are annexed to any vessel altered',
39048:'or repaired under this contract. 52.2293federal, state, and local taxes. as prescribed in 29.4013, insert the following clause: federal, state,',
39049:'and local taxes feb 2013 a as used in this clause afterimposed federal tax means any newor increased federal excise',
39050:'taxor duty, ortax thatwas exempted orexcluded on the contract date but whose exemption was later revoked or reduced during the',
39051:'contract period, on the transactions or property covered by this contract that the contractor is required to pay or bear',
39052:'as the result of legislative, judicial, or administrative action taking effect after thecontract date. it does not include social security',
39053:'taxor other employment taxes. afterrelieved federal tax means any amount of federalexcise tax or duty, except social security or other',
39054:'employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the',
39055:'contractor is notrequired to pay or bear, orforwhich the contractor obtainsa refundor drawback, as the resultof legislative, judicial, oradministrative actiontakingeffect',
39056:'after the contract date. all applicable federal, state, and local taxes and duties means all taxes and duties, in effect',
39057:'on thecontract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract.',
39058:'contract date meansthe dateset for bid opening or, ifthis is a negotiated contract or a modification, theeffective date of this',
39059:'contract or modification. local taxes includes taxes imposed by a possession or territory of the united states, puerto rico, or',
39060:'the northern mariana islands, if the contract is performed wholly or partly in any of those areas. b 1 the',
39061:'contract price includes all applicable federal, state, and local taxes and duties, except as provided in subparagraph b2i of this',
39062:'clause. 2 taxes imposed under 26 u.s.c. 5000 c may not be i included in the contract price; nor ii',
39063:'reimbursed. c the contract price shall be increased by the amount of any afterimposed federal tax, provided the contractor warrants',
39064:'in writing that no amount for such newly imposed federal excise tax or duty or rate increase was included in',
39065:'the contract price, as a contingency reserve or otherwise. d the contract price shall be decreased by the amount of',
39066:'any afterrelieved federal tax. e thecontract priceshallbe decreased by theamount of anyfederal excise tax or duty, except social security or',
39067:'other employment taxes, that the contractor is required to pay or bear, or doesnot obtain a refund of, through the',
39068:'contractor’s fault, negligence, or failure to followinstructions of thecontracting officer. f no adjustment shall be made in the contract price',
39069:'under this clause unless the amount of the adjustment exceeds $250. g the contractor shall promptly notify thecontracting officer of',
39070:'all matters relating toany federal excise tax orduty that reasonably may be expected to result in either an increase or',
39071:'decrease in the contract price and shall take appropriate action as the contracting officer directs. h the government shall, withoutliability,furnish',
39072:'evidence appropriate toestablishexemption fromany federal, state, or local tax when the contractor requests such evidence and a reasonable basis exists',
39073:'to sustain the exemption. end of clause 52.2294federal, state, and local taxes state and local adjustments. as prescribed in 29.4013,',
39074:'insert the following clause: federal, state, and local taxes state and local adjustmentsfeb 2013 a as used in this clause52.2',
39075:'346 subpart 52.2 text of provisions and clauses 52.2296 afterimposed tax meansany new orincreasedfederal, state, or localtax or duty, or',
39076:'taxthat was excluded on the contract date but whose exclusion was later revoked or amount of exemption reduced during the',
39077:'contract period, other than an excepted tax, on the transactions or property covered by this contract that the contractor is',
39078:'required to pay or bear as the result of legislative, judicial, or administrative action taking effect after thecontract date. afterrelieved',
39079:'tax means any amountof federal, state, or local tax orduty, other than an excepted tax, that would otherwise have been',
39080:'payable on the transactions or property covered by this contract, but which the contractor is not required to pay or',
39081:'bear,or for which the contractorobtains arefund or drawback, asthe result of legislative, judicial, or administrative action taking effect after thecontract',
39082:'date. all applicable federal, state, and local taxes and duties means all taxes and duties, in effect on thecontract date,',
39083:'that the taxing authority is imposing and collecting on the transactions or property covered by this contract. contract date meansthe',
39084:'effective date of this contract and, for any modification to this contract,the effective date of the modification. excepted tax means',
39085:'social security or other employment taxes, net income and franchise taxes, excess profits taxes, capital stock taxes, transportation taxes, unemployment',
39086:'compensation taxes, and property taxes. excepted tax does not include gross income taxes levied on or measured by sales or',
39087:'receipts from sales, property taxes assessed on completed supplies covered bythis contract, orany tax assessed on the contractor’s possession of,interest',
39088:'in, or use of property,titleto whichis in the government. local taxes includes taxes imposed by a possession or territory of',
39089:'the united states, puerto rico, or the northern mariana islands, if the contract is performed wholly or partly in any',
39090:'of those areas. b 1 unless otherwise provided in this contract, the contract price includes all applicable federal, state, and',
39091:'local taxes and duties, except as provided in subparagraph b2i of this clause. 2 taxes imposed under 26 u.s.c. 5000',
39092:'c may not be i included in the contract price; nor ii reimbursed. c the contract price shall be increased',
39093:'by the amount of any afterimposed tax, or of any tax or duty specifically excluded from the contractprice by aterm',
39094:'or conditionof this contract that the contractoris required to pay or bear, including anyinterest orpenalty, ifthe contractor statesin writing that',
39095:'thecontract pricedoes not include any contingency for suchtax and if liability for such tax, interest, or penalty was notincurred through',
39096:'the contractor’s fault, negligence, or failure to follow instructions ofthe contracting officer. d the contract price shall be decreased by',
39097:'the amount of any afterrelieved tax. the government shall be entitled to interest received by the contractor incident to a',
39098:'refund of taxes to the extent that such interest was earned after the contractor was paid by the government for',
39099:'such taxes. the government shall be entitled to repayment of any penalty refunded to the contractor to the extent that',
39100:'the penalty was paid by the government. e the contract price shall be decreased by the amount of any federal,',
39101:'state, or local tax, other than an excepted tax, that was included inthe contract price and that the contractor is',
39102:'requiredto pay orbear, or does not obtain a refund of, through thecontractor’s fault, negligence, or failure to followinstructions of thecontracting',
39103:'officer. f no adjustment shall be made in the contract price under this clause unless the amount of the adjustment',
39104:'exceeds $250. g the contractor shall promptly notify thecontracting officer of all matters relating tofederal, state, and local taxes and',
39105:'duties that reasonably may be expected to result in either an increase or decrease in the contract price and shall',
39106:'take appropriate action as the contracting officer directs. the contract price shall beequitably adjusted to cover the costsof action taken',
39107:'bythe contractor at the direction of thecontracting officer,including any interest,penalty, and reasonable attorneys’ fees. h the government shall furnish evidence',
39108:'appropriate to establish exemption from any federal, state, or local tax when 1 the contractor requests such exemption and states',
39109:'in writing that it applies to a tax excluded from the contract price; and 2 a reasonable basis exists to',
39110:'sustain the exemption. end of clause 52.2295 [reserved] 52.2296taxesforeignfixedprice contracts. as prescribed in 29.4021a, insert the following clause: 52.2347 52.2296',
39111:'federal acquisition regulation taxesforeign fixedprice contractsfeb 2013 a to the extentthat this contract provides for furnishing supplies or performingservices outside',
39112:'the united states and its outlying areas, this clause applies in lieu of any federal, state, and local taxes clause',
39113:'of the contract. b definitions. as used in this clause contract date meansthe dateset for bid opening or, ifthis is',
39114:'a negotiated contract or a modification, theeffective date of this contract or modification. country concerned means any country, other than',
39115:'the united states and its outlying areas, in which expenditures under this contract are made. tax and taxes include fees',
39116:'and chargesfordoing business that are levied bythe governmentof the countryconcernedor by its political subdivisions. all applicable taxes and duties means',
39117:'all taxes and duties, in effecton the contract date, that the taxing authority is imposing and collecting on the transactions',
39118:'or property covered by this contract, pursuant to written ruling or regulation in effect on the contract date. afterimposed tax',
39119:'meansany new orincreasedtax or duty, or taxthat was exempted or excluded onthe contract date but whose exemption was later revoked',
39120:'or reduced during the contract period, other than excepted tax, on the transactions or property covered by this contract that',
39121:'the contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after',
39122:'thecontract date. afterrelieved tax means any amountof tax orduty, other than an excepted tax, that would otherwisehavebeenpayable on thetransactions or',
39123:'property coveredby this contract,but which thecontractor is not required to pay or bear, or for which the contractor obtains a',
39124:'refund, as the resultof legislative, judicial,or administrative action taking effect after the contract date. excepted tax means social security or',
39125:'other employment taxes, net income and franchise taxes, excess profits taxes, capital stock taxes, transportation taxes, unemployment compensation taxes, and',
39126:'property taxes. excepted tax does not include gross income taxes levied on or measured by sales or receipts from sales,',
39127:'property taxes assessed on completed supplies covered bythis contract, orany tax assessed on the contractor’s possession of,interest in, or use',
39128:'of property,titleto whichis in the u.s. government. c 1 unless otherwise provided in this contract, the contract price includes all',
39129:'applicable taxes and duties, except taxes and duties that the government of the united states and the government of the',
39130:'country concerned have agreed shall not be applicable to expenditures in such country by or on behalf of the united',
39131:'states, except as provided in subparagraph c2 of this clause. 2 taxes imposed under 26 u.s.c. 5000 c may not',
39132:'be i included in the contract price; nor ii reimbursed. d 1 except as provided in subparagraph d2 of this',
39133:'clause, the contract price shall be increased by the amount of any afterimposed tax or of any tax or duty',
39134:'specifically excluded from the contract price by a provision of this contract that thecontractor is required topay or bear,including any',
39135:'interest or penalty, if the contractor states inwriting that the contract price does not include any contingency for such tax',
39136:'and if liability for such tax, interest, or penalty was not incurred through thecontractor’s fault, negligence, or failure to followinstructions',
39137:'of thecontracting officer or to complywith the provisions of paragraph i of this clause. 2 the contract price maynot be',
39138:'increased to offset taxesimposedunder 26 u.s.c. 5000 c. e thecontract priceshallbe decreased by theamount of anyafterrelievedtax, including any interest or',
39139:'penalty. the government of the united states shall be entitled to interest received by the contractor incident to a refund',
39140:'of taxes to the extent that such interest was earned after the contractor was paid by the government of the',
39141:'united states for such taxes. the government of the united states shall be entitled to repayment of any penalty refunded',
39142:'to the contractor to the extent that the penalty was paid by the government. f the contract price shall be',
39143:'decreased by the amount of any tax or duty,other thanan exceptedtax, thatwas included in thecontract andthat thecontractor is required topay',
39144:'or bear,or does notobtain a refund of,throughthe contractor’sfault, negligence, orfailureto follow instructions of the contracting officer or to comply with',
39145:'the provisionsof paragraphi of this clause. g no adjustment shall be made in the contract price under this clause unless',
39146:'the amount of the adjustment exceeds $250. h if the contractor obtains a reduction in tax liability under the united',
39147:'states internal revenuecode title26, u.s. code because of the payment of any tax or duty that either was included in',
39148:'the contract price or was the basis of an increase 52.2348 subpart 52.2 text of provisions and clauses 52.2299 in',
39149:'the contract price, the amount of the reduction shall be paid or credited to the government of the united states',
39150:'as the contracting officerdirects. i the contractor shall take all reasonable action to obtain exemption from or refund of any',
39151:'taxes or duties, including interest or penalty, from whichthe united states government, the contractor, any subcontractor, orthe transactionsor property covered',
39152:'by this contract are exempt under the laws of the country concerned or its political subdivisions or which the governments',
39153:'of the united states and of the country concerned have agreed shall not be applicable to expenditures in such country',
39154:'by or on behalf of the united states. jthe contractorshallpromptly notifythe contracting officerof all matters relating to taxes or duties',
39155:'that reasonably may be expected to result in either an increase or decrease in the contract price and shall take',
39156:'appropriate action as the contracting officerdirects. the contract price shall be equitably adjustedto cover the costs of action taken by',
39157:'the contractor at the direction of the contracting officer, including any interest, penalty, and reasonable attorneys’ fees. end of clause',
39158:'52.2297taxesfixedprice contracts withforeign governments. as prescribed in 29.4021b, insert the following clause: taxesfixedprice contracts with foreign governments feb 2013 a',
39159:'contract date, as used in this clause, means the date setforbid opening or, if thisis anegotiated contract or a modification,',
39160:'theeffective date ofthis contractor modification. b 1 the contract price, including the prices in any subcontracts under this contract, does',
39161:'not include any tax or duty that the government of the united states and the government of [insert name of',
39162:'the foreign government] have agreed shall not apply to expenditures made by the united states in [insert name of country],',
39163:'or any tax or duty not applicable to this contract or any subcontracts under this contract, pursuant to the laws',
39164:'of [insert name of country]. if any such tax or duty has been included in the contract price, through error',
39165:'or otherwise, the contract price shall be correspondingly reduced. 2 taxes imposed under 26 u.s.c. 5000 c may not be',
39166:'included in the contract price. c if, after the contract date, the government of the united states and the government',
39167:'of [insert name of the foreign government] agree that any tax or duty included in the contract price shall not',
39168:'apply to expenditures by the united states in [insert name of country],the contract price shall be reduced accordingly. d no',
39169:'adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250. end',
39170:'of clause 52.2298taxesforeigncostreimbursement contracts. as prescribed in 29.4022a, insert the following clause: taxesforeign costreimbursement contractsmar 1990 a any tax or',
39171:'duty from which the united states government is exempt by agreement with the government of [insert name of the foreign',
39172:'government], or from which the contractor or any subcontractor under this contract is exempt under the laws of [insert name',
39173:'of country], shall not constitute an allowable cost under this contract. b if the contractor or subcontractor under this contract',
39174:'obtains a foreign tax credit that reduces its federal income tax liability under the united states internal revenue code title26,',
39175:'u.s. code because of the payment of any taxor duty that was reimbursed under this contract, theamount of the reduction',
39176:'shall bepaid or credited at the time of suchoffsetto the government of the united states as thecontracting officer directs. end',
39177:'of clause 52.2299taxescostreimbursement contracts with foreign governments. as prescribed in 29.4022b, insert the following clause: 52.2349 52.22910 federal acquisition regulation',
39178:'taxescostreimbursement contracts with foreign governments mar 1990 a any tax or duty from which the united states government is exempt',
39179:'by agreement with the government of [insert name of the foreign government], or from which any subcontractor under this contract',
39180:'is exempt under the laws of [insert name of country], shall not constitute an allowable cost under this contract. b',
39181:'if any subcontractor obtains a foreign tax credit that reduces its federal income tax liability under the united states internal',
39182:'revenue code title26, u.s. codebecause of thepayment of any tax or duty that was reimbursed under this contract, the amount',
39183:'of thereduction shall be paid not credited to the contract tothe treasurer of theunited statesat the time the federal income',
39184:'tax return is filed. end of clause 52.22910 state of new mexico gross receipts and compensating tax. as prescribed in',
39185:'29.4014b, insert the following clause: state of new mexico gross receipts and compensating tax apr 2003 a within thirty 30',
39186:'days afteraward of this contract, the contractor shall advise the state ofnew mexico of this contract by registering with the',
39187:'stateof new mexico, taxation and revenue department,revenue division, pursuant to the tax administration act of the state of new mexico',
39188:'andshallidentify the contractnumber. b the contractor shall pay the new mexico gross receipts taxes, pursuant to the gross receipts and',
39189:'compensating tax act of new mexico, assessed against the contract fee and costs paid for performance of this contract, or',
39190:'of any part or portion thereof, within the state of new mexico. the allowability of any gross receipts taxes or',
39191:'local option taxes lawfully paid to the state of new mexico by the contractor or its subcontractors will be determined',
39192:'in accordance with the allowable cost and payment clause of this contract except as provided in paragraph d of this',
39193:'clause. c thecontractor shall submit applications for nontaxabletransaction certificates, formcsr3c, to the: state ofnewmexico taxation and revenue dept. revenue division',
39194:'po box 630 santa fe,new mexico 87509 when the type 15nontaxable transaction certificate is issued by the revenue division, the',
39195:'contractor shall usethese certificates strictly in accordance with this contract, and the agreement between the and the new mexico taxation',
39196:'and revenue department. d the contractor shall provide type15 nontaxable transaction certificates to each vendor in new mexico selling tangible',
39197:'personal property tothe contractor for use in the performance ofthiscontract. failure to provide a type15 nontaxable transactioncertificate to vendorswill resultin',
39198:'thevendor’s liability for thegross receipt taxes and those taxes, which are then passed on tothe contractor, shall not be reimbursableas',
39199:'an allowable cost bythe government. e the contractor shall pay the new mexico compensating user tax for any tangible personal',
39200:'property which is purchased pursuant to a nontaxable transactioncertificate if suchpropertyis not usedforfederal purposes. f outofstate purchase of tangible personal',
39201:'property by the contractor which would be otherwise subject to compensation tax shall be governed by the principles of this',
39202:'clause. accordingly, compensatingtax shall be duefrom the contractor only if such property is not used for federal purposes. g the',
39203:'may receive information regarding the contractor from the revenue division of the new mexico taxation and revenue department and, at',
39204:'the discretion of the , may participate in any matters or proceedings pertaining to this clause or the abovementioned agreement.',
39205:'this shall not preclude the contractor from having its own representative nor does it obligate the to represent its contractor.',
39206:'h the contractor agrees to insert the substance of this clause, including this paragraph h, in each subcontract which meets',
39207:'the criteria in 29.4014b1 through 3 of the federal acquisition regulation, 48 cfr part 29. i paragraphs a through h',
39208:'of this clause shall be null and void should the agreement referred to in paragraph c of this clause be',
39209:'terminated; provided, however, that such termination shall not nullifyobligations already incurred prior to the date of termination. [insert appropriate agency',
39210:'name in blanks.] end of clause 52.2350 subpart 52.2 text of provisions and clauses 52.22912 52.22911tax oncertain foreign procurements—notice and',
39211:'representation. as prescribed in 29.4023a, insert the following provision: tax on certain foreign procurements—notice and representation jun 2020 a definitions.',
39212:'as used in this provision— foreign person means any person other than a united states person. specified federal procurement payment',
39213:'means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced,',
39214:'or services provided in a foreign country that is not a party to an international procurement agreement with the united',
39215:'states. for purposes of the prior sentence, a foreign country does not include an outlying area. united states person as',
39216:'defined in 26 u.s.c. 7701a30 means 1 a citizen or resident of the united states; 2 a domestic partnership; 3',
39217:'a domestic corporation; 4 any estate other than a foreign estate, within the meaning of 26 u.s.c. 701a31; and 5',
39218:'any trust if– i a court within the united states is able to exercise primary supervision over the administration of',
39219:'the trust; and ii one or more united states persons have the authority to control all substantial decisions of the',
39220:'trust. b unless exempted, there is a 2 percent tax of the amount of a specified federal procurement payment on',
39221:'any foreign person receiving such payment. see 26 u.s.c. 5000c and its implementing regulations at 26 cfr 1.5000c1 through 1.5000c7.',
39222:'c exemptions from withholding underthisprovision aredescribed at 26 cfr1.5000c1d5 through 7. the offeror would claim an exemption from the withholding',
39223:'by usingthe department of thetreasury internal revenue serviceform w14, certificate of foreign contracting party receiving federal procurement payments, available via',
39224:'the internet at www.irs.gov/w14. any exemption claimed and selfcertified on the irs form w14 is subject to audit by the',
39225:'irs. any disputes regarding the imposition and collection of the 26 u.s.c. 5000c tax are adjudicated by the irs as',
39226:'the 26 u.s.c. 5000c taxis a tax matter, not a contract issue. the irs form w14is provided to the acquiring',
39227:'agency ratherthan to the irs. d for purposes of withholding under 26 u.s.c. 5000c, theofferor represents that 1 it □',
39228:'is □ is not a foreign person; and 2 if the offeror indicates is inparagraph d1 of this provision, then',
39229:'the offeror represents that—i am claiming on the irs form w14 □ a full exemption, or □ partial or no',
39230:'exemption [offerorshallselect one]from the excisetax. e if the offeror representsitis a foreign person inparagraph d1 of this provision, then— 1',
39231:'the clause at far 52.22912,tax on certain foreign procurements, willbe includedin any resulting contract; and 2 the offeror shall submit',
39232:'with its offer the irs formw14. if the irs formw14 is notsubmitted withthe offer, exemptions will not be applied to',
39233:'any resulting contract and the government will withhold a full 2 percent of each payment. f ifthe offeror selects is',
39234:'inparagraph d1and partial or no exemption in paragraph d2 of this provision, the offeror will be subject to withholding in',
39235:'accordance with the clause at far 52.22912,tax on certain foreign procurements, in any resulting contract. g a taxpayermay, for a',
39236:'fee, seek advice from the internal revenue service irs as to theproper tax treatment of a transaction. this is calleda',
39237:'private letter ruling. also, the irs maypublisha revenue ruling, whichis an official interpretation by the irs of the internal revenue',
39238:'code, related statutes, tax treaties, and regulations. a revenue ruling is the conclusion of the irs on how the law',
39239:'is applied to a specific set of facts. for questions relating to the interpretation of the irs regulations go to',
39240:'https://www.irs.gov/help/taxlawquestions. end of provision 52.22912 tax on certain foreignprocurements. as prescribed in 29.4023b, insert the following clause: tax on certain',
39241:'foreign procurements—notice and representation feb 2021 a definitions. as used in this clause— 52.2351 52.22913 federal acquisition regulation foreign person',
39242:'means any person other than a united states person. united states person, as defined in 26 u.s.c. 7701a30, means– 1',
39243:'a citizen or resident of the united states; 2 a domestic partnership; 3 a domestic corporation; 4 any estate other',
39244:'than a foreign estate, within the meaning of 26 u.s.c. 7701a31; and 5 any trust if i a court within',
39245:'the united states is able to exercise primary supervision over the administration of the trust; and ii one or more',
39246:'united states persons have the authority to control all substantial decisions of the trust. b this clause applies only to',
39247:'foreign persons. it implements 26 u.s.c. 5000c and its implementing regulations at 26 cfr 1.5000c1 through 1.5000c7. c 1 if',
39248:'the contractor is a foreign person and has only a partial or no exemption to the withholding, the contractor shall',
39249:'include the department of the treasury internal revenueservice form w14,certificate of foreigncontracting party receiving federal procurement payments, with each voucher',
39250:'or invoice submitted under this contract throughout the period in which this status is applicable. the excise tax withholding is',
39251:'applied at the payment level, not at the contract level. the contractor should revise each irs form w14 submission to',
39252:'reflect the exemption if any that applies to that particular invoice, such as a different exemption applying. in the absence',
39253:'of a completedirs form w14 accompanying a payment request, the default withholding percentage is 2 percent for the section 5000c',
39254:'withholding for that payment request. information about irs form w14 and its separate instructions is available via the internet at',
39255:'www.irs.gov/w14. 2 if the contractor is a foreign person and has indicated in its offer inthe provision 52.22911, tax on',
39256:'certain foreign procurements—notice and representation, that it is fully exempt from the withholding, and certified the full exemption on the',
39257:'irs form w14, and if that full exemption no longer applies due to a change in circumstances during the performance',
39258:'of the contract that causes the contractor to become subject to the withholding for the 2 percent excise tax then',
39259:'the contractor shall– inotify the contracting officer within 30days of a changein circumstances that causes thecontractor to be subject to',
39260:'the excise tax withholding under 26 u.s.c. 5000c; and ii comply with paragraph c1 of this clause. d the government',
39261:'will withhold a full 2 percent of each payment unless the contractor claims an exemption. if the contractor entersa ratioin',
39262:'line12 of the irs form w14,the result of line 11 divided by line10,the government will withhold from each payment an',
39263:'amount equal to 2 percent multiplied by the contract ratio. if the contractor marks box 9 of the irs form',
39264:'w14 rather than completes lines 10 through 12, the contractor must identify and enter the specific exempt and nonexempt amounts',
39265:'in line 15 of the irs form w14; the government will then withhold 2 percent only from the nonexempt amount.',
39266:'see the irs form w14 and its instructions. e exemptions from the withholding under this clause are described at 26',
39267:'cfr 1.5000c1d5 through 7. any exemption claimed and selfcertified on the irs form w14 is subject to audit by the',
39268:'irs. any disputes regarding the imposition and collection of the 26 u.s.c. 5000c tax are adjudicated by the irs as',
39269:'the 26 u.s.c. 5000c tax is atax matter, not a contract issue. f taxes imposed under 26 u.s.c. 5000c may',
39270:'not be— 1 included in the contract price; nor 2 reimbursed. g a taxpayermay, for a fee, seek advice from',
39271:'the internal revenue service irs as to theproper tax treatment of a transaction. this is calleda private letter ruling. also,',
39272:'the irs maypublisha revenue ruling, whichis an official interpretation by the irs of the internal revenue code, related statutes, tax',
39273:'treaties, and regulations. a revenue ruling is the conclusion of the irs on how the law is applied to a',
39274:'specific set of facts. for questions relating to the interpretation of the irs regulations go to https://www.irs.gov/help/taxlawquestions. end of clause',
39275:'52.22913 taxes—foreign contracts inafghanistan. as prescribed in 29.4024a, use the following clause: taxes—foreign contracts in afghanistan nov 2021 52.2352 subpart',
39276:'52.2 text of provisions and clauses 52.22914 a definition. u.s. forces, as used in this clause, means the entity comprising',
39277:'the members of the force and of the civilian component, and all property,equipment, and materiel of the united states armed',
39278:'forces present inthe territory of afghanistan. b tax exemption. this acquisition is covered by the security and defense cooperation agreement',
39279:'the agreement between the islamic republic of afghanistan afghanistan and the united states of america signed on september 30, 2014,',
39280:'and entered into force on january 1, 2015. 1 the agreement exempts the united states government, and its contractors and',
39281:'subcontractors other than those that are afghan legal entities orresidents, from paying any tax or similar charge assessed by the',
39282:'government of afghanistan on activities associated with this contract within afghanistan if the activities are on behalf of or in',
39283:'support of u.s. forces. the agreement also exempts the acquisition, importation, exportation, reexportation, transportation, and use of supplies and services',
39284:'inafghanistan, on behalf ofor in support of u.s. forces, from any taxes,customs, duties,fees, orsimilar charges imposed by the government of',
39285:'afghanistan. 2 the contractor shall exclude any afghantaxes, customs, duties, fees, or similar charges fromthe contract price, other than those',
39286:'chargedto afghan legal entities or residents. 3 the agreement does not exempt afghan employees of government contractors and subcontractors from',
39287:'afghan tax laws. to the extentrequired by afghan law, the contractorshallwithhold tax from the wages of these employees and remit',
39288:'those paymentsto the appropriateafghan taxing authority. these withholdings are an individuals liability, not a tax against thecontractor. c subcontracts. the',
39289:'contractor shall include the substance of this clause, including this paragraph c, in all subcontracts including subcontracts for commercial products',
39290:'or commercial services. end of clause 52.22914 taxes—foreign contracts inafghanistannorth atlantictreaty organization status of forces agreement. as prescribed in 29.4024b,',
39291:'use the following clause: taxes—foreign contracts in afghanistan north atlantic treaty organization status of forces agreement nov 2021 a definition.north',
39292:'atlantictreatyorganizationnatoforces, as used in thisclause, meansthe members of the force, members of the civilian component,nato personnel and all property, equipment,',
39293:'and materiel ofnato, nato member states, and operational partners present in the territory of afghanistan. b tax exemption. this acquisition',
39294:'is coveredby the statusof forces agreement sofaentered intobetween nato and the islamic republic of afghanistan afghanistan issued on september 30,',
39295:'2014, and entered into force on january 1, 2015. 1 the sofa exempts nato forcesand its contractors and subcontractors other',
39296:'than those that are afghan legal entities or residents from paying any tax or similar charge assessed by the government',
39297:'of afghanistan within afghanistan if the activities are on behalf of or in supportof nato forces. the sofa also exempts',
39298:'theacquisition,importation, exportation, reexportation, transportation,anduse of supplies andservices in afghanistan on behalf of or in support of nato forces from allafghan',
39299:'taxes, customs,duties, fees, or similar charges. 2 the contractor shall exclude any afghantaxes, customs, duties, fees or similar charges from',
39300:'the contract price, other than those chargedto afghan legal entities or residents. 3 afghan citizens employed by natocontractors and subcontractors',
39301:'are subject to afghan tax laws. to the extent required byafghan law, the contractor shall withhold tax from the wagesof',
39302:'these employeesandremit thosewithholdings to theappropriateafghan taxing authority. thesewithholdings are an individuals liability, not a taxagainst the contractor. c subcontracts. the',
39303:'contractor shall include the substance of this clause, including this paragraph c, in all subcontracts including subcontracts for commercial products',
39304:'or commercial services. end of clause 52.2353 this page intentionally left blank. 52.2354 subpart 52.2 text of provisions and clauses',
39305:'52.2301 52.230[reserved] 52.2301 cost accounting standards notices and certification. as prescribed in 30.2013a, insert the following provision: cost accounting standards',
39306:'notices and certification jun 2020 note: this notice does not apply to small businesses or foreign governments. this notice is',
39307:'in three parts, identified by roman numerals i through iii. offerorsshallexamine eachpart and provide the requestedinformation in orderto determine cost',
39308:'accountingstandards cas requirements applicable to any resultant contract. if the offeroris an educational institution, part ii does not apply unless',
39309:'the contemplated contract willbe subjectto fullor modifiedcas coveragepursuant to 48 cfr 9903.2012c5or 9903.2012c6, respectively. i. disclosure statementcost accounting practices and',
39310:'certification a any contractin excess of the lower cas threshold specified in federal acquisitionregulationfar 30.2014b resulting from this solicitation will',
39311:'be subject to the requirements of the cost accounting standards board 48 cfr chapter 99, except for those contracts which',
39312:'are exempt as specified in 48 cfr 9903.2011. banyofferorsubmittingaproposalwhich,ifaccepted,willresultinacontractsubjecttotherequirementsof 48 cfr chapter 99 must, as a condition of contracting, submit',
39313:'a disclosure statement as required by 48 cfr 9903.202. when required, the disclosurestatement must be submittedas a part of the',
39314:'offeror’s proposal under this solicitationunlessthe offeror hasalready submitted a disclosure statement disclosing the practices used in connection with the pricing',
39315:'ofthis proposal. if an applicable disclosure statementhas already been submitted, the offeror may satisfythe requirement for submission by providing the',
39316:'information requested in paragraph c of part i of this provision. caution: in the absence of specific regulations or agreement,',
39317:'a practice disclosed in a disclosure statement shall not, by virtue of such disclosure, bedeemed to be a proper, approved,',
39318:'oragreedto practice for pricing proposalsor accumulating and reporting contract performance cost data. c check the appropriate box below: 1 □',
39319:'certificate of concurrent submission of disclosure statement. the offeror hereby certifies that, as a part of the offer, copies ofthe',
39320:'disclosure statementhavebeensubmitted as follows: ioriginal and one copy to the cognizant administrative contracting officer aco or cognizant federal agency official',
39321:'authorized to act in that capacity federalofficial, as applicable; and iione copy tothe cognizant federal auditor. disclosure must be on',
39322:'form no. casb ds1 or casb ds2, as applicable. forms may be obtained from the cognizant aco or federal official.',
39323:'date of disclosure statement: name and address of cognizant aco or federal official where filed: the offeror further certifies that',
39324:'the practices used in estimating costsin pricing this proposalare consistent withthe cost accounting practices disclosed in the disclosure statement. 2',
39325:'□ certificate of previously submitted disclosure statement. theofferor herebycertifies that the required disclosure statement was filed as follows: date of',
39326:'disclosure statement: name and address of cognizant aco or federal official where filed: the offeror further certifies that the practices',
39327:'used in estimating costsin pricing this proposalare consistent withthe cost accounting practices disclosed in the applicable disclosure statement. 3 □',
39328:'certificate of monetary exemption. the offerorhereby certifies that the offeror, together with all divisions, subsidiaries, and affiliates under common control,did',
39329:'not receive netawards of negotiated prime contracts and subcontracts subject to cas totaling $50 million or more in the cost',
39330:'accounting period immediately preceding the period in which this proposal was submitted. the offeror further certifies that if such status',
39331:'changes before an award resultingfrom this proposal, theofferor will advise the contracting officer immediately. 4 □ certificate of interim exemption.',
39332:'the offeror hereby certifies thati theofferor first exceeded the monetary exemption for disclosure, as defined in 3 of this subsection,',
39333:'in the cost accounting period immediately preceding the period 52.2355 52.2302 federal acquisition regulation in which this offer wassubmitted and',
39334:'ii in accordance with 48 cfr 9903.2021, the offeror is not yet required to submit a disclosure statement. the offeror',
39335:'further certifies that if an award resultingfrom this proposal has not been made within 90 daysafter the end of that',
39336:'period, the offeror will immediately submit a revised certificateto thecontracting officer,in the form specified under paragraph c1 or c2 of',
39337:'parti of this provision, as appropriate, to verify submission of a completed disclosure statement. caution: offerors currently required to disclose',
39338:'because they were awarded acascovered prime contractor subcontract of $50 million or morein the current cost accounting period may not',
39339:'claim this exemption 4. further,the exemption applies only in connection with proposals submitted before expiration of the 90day period following',
39340:'the cost accounting period in which the monetary exemption was exceeded. ii. cost accounting standardseligibility for modified contract coverage if',
39341:'the offeroris eligible to usethe modifiedprovisions of 48 cfr 9903.2012b and elects to do so, the offeror shall indicate by',
39342:'checking the box below. checking the box belowshallmeanthat the resultant contract is subject to the disclosure and consistency of cost',
39343:'accounting practices clause in lieu of the cost accounting standards clause. □ theofferor herebyclaimsan exemption from the cost accounting standardsclause',
39344:'under the provisions of 48 cfr 9903.2012b and certifies that the offeroris eligible for use of the disclosure and consistencyof',
39345:'cost accounting practices clause because during the cost accounting period immediately preceding the period in which this proposal was submitted,',
39346:'theofferor received lessthan $50million in awards of cascovered prime contractsand subcontracts. the offeror further certifies that if suchstatus changes beforean',
39347:'award resulting from this proposal, the offeror will advisethe contracting officer immediately. caution: an offerormay not claimthe above eligibility for',
39348:'modifiedcontract coverageif this proposal is expected to result in the award of a cascovered contract of $50 million or more',
39349:'or if, during its current cost accounting period, the offeror hasbeenawarded a single cascovered prime contract or subcontractof $50million or',
39350:'more. iii. additional cost accounting standards applicable to existing contracts the offeror shall indicate below whether award of the contemplatedcontract',
39351:'would, in accordance with paragrapha3 of the cost accounting standards clause,require a change in established costaccounting practices affecting existing contracts',
39352:'and subcontracts. □ yes □ no end of provision alternate i apr 1996. as prescribed in 30.2013b, add the following',
39353:'paragraph c5 to part i of the basic provision: □5 certificate of disclosure statement due date by educational institution. if',
39354:'the offeror is an educational institution that, under the transition provisions of 48 cfr 9903.2021f, is or will be required',
39355:'to submit a disclosure statement after receipt ofthisaward, the offeror hereby certifies thatcheck one and complete: □ i a disclosure',
39356:'statement filing due date of has been established withthe cognizant federal agency. □ ii the disclosure statement will be submitted',
39357:'within the 6month period ending months after receipt of this award. name and addressof cognizant acoor federal official where disclosure',
39358:'statement is to be filed: 52.2302 cost accounting standards. as prescribed in 30.2014a1, insert the following clause: cost accounting standards',
39359:'jun 2020 a unless the contract is exempt under 48 cfr 9903.2011 and 9903.2012, the provisions of 48 cfr part',
39360:'9903 are incorporated hereinby reference and thecontractor, inconnectionwith thiscontract, shall52.2 356 subpart 52.2 text of provisions and clauses 52.2303 1',
39361:'cascovered contracts only by submission of a disclosure statement, disclose in writing the contractor’s cost accounting practices as required by',
39362:'48 cfr 9903.2021 through 9903.2025, including methods of distinguishing direct costs from indirect costs and the basis used for allocating',
39363:'indirect costs. the practices disclosed for this contract shall be the same as the practices currently disclosed and applied on',
39364:'all other contracts and subcontracts being performed by the contractor and whichcontain a costaccounting standards casclause. if the contractor hasnotified',
39365:'the contracting officer that the disclosure statement contains trade secrets and commercial or financial information which is privileged and confidential,',
39366:'the disclosure statement shall be protected and shall not be released outside of the government. 2 follow consistently the contractor’s',
39367:'cost accounting practices inaccumulating and reporting contract performance cost data concerning this contract. if any change in cost accounting practices',
39368:'is made for the purposes of any contract or subcontract subject to cas requirements, the change must be applied prospectively',
39369:'to this contract and the disclosure statement must be amended accordingly. if the contract price orcostallowance of this contract is',
39370:'affected bysuch changes, adjustment shall be made in accordance with paragraph a4 or a5 of this clause, as appropriate. 3',
39371:'comply with all cas, including any modifications and interpretations indicated thereto contained in 48 cfr part 9904, in effect on',
39372:'the date of award ofthiscontract or, if the contractor has submitted certified cost or pricing data, on the dateof final',
39373:'agreementon price as shown onthe contractor’ssigned certificate of current cost or pricing data. the contractor shall also comply with any',
39374:'cas or modifications to cas which hereafter become applicable to a contract or subcontract of thecontractor. such complianceshallbe required prospectivelyfrom',
39375:'the date of applicability to such contract or subcontract. 4 i agree to an equitable adjustment as provided in the',
39376:'changes clause of this contract if the contract cost is affected bya change which, pursuant to paragraph a3 of this',
39377:'clause, the contractor is required to make tothe contractor’s established cost accounting practices. iinegotiate with the contracting officer to determine',
39378:'the terms and conditions underwhich achange may be made to a cost accounting practice, other than a change made under',
39379:'other provisions of paragraph a4 of this clause; provided that no agreement may be made under this provision that will',
39380:'increase costs paid by the united states. iii when the parties agree to a change to a cost accounting practice,',
39381:'other than a change under subdivision a4i of this clause, negotiate an equitable adjustment as provided in the changes clause',
39382:'of this contract. 5 agree to an adjustment of the contract price or cost allowance, as appropriate, if the contractor',
39383:'or a subcontractor fails to comply with an applicable cost accounting standard, or to follow any cost accounting practice consistently',
39384:'and such failure results in any increased costs paid by the united states. such adjustment shall provide for recovery of',
39385:'the increased costs to the united states, together with interest thereon computed at the annual rate established under section 6621a2',
39386:'of the internal revenue code of 1986 26 u.s.c. 6621a2 for such period, from the time the payment by the',
39387:'united states was madeto thetime the adjustment is effected. inno case shall the government recover costs greater than theincreasedcost to',
39388:'the government, in the aggregate, on the relevant contracts subject to the price adjustment, unless the contractor made a change',
39389:'in its cost accounting practices of which it was aware or should have been aware at the time of price',
39390:'negotiations and which it failed to disclose to the government. b if the parties fail to agree whether the contractor',
39391:'or a subcontractor has complied with an applicable cas in 48 cfr 9904 or a cas rule or regulation in',
39392:'48 cfr 9903 and as to any cost adjustment demanded by the united states, such failure to agree will constitute',
39393:'a dispute under 41 u.s.c. chapter 71, contract disputes. c the contractor shall permit any authorized representatives of the government',
39394:'to examine and make copies of any documents, papers, or records relating to compliance with the requirements of this clause.',
39395:'d the contractor shall include in all negotiated subcontracts which the contractor enters into, the substance of this clause, except',
39396:'paragraph b, and shall require such inclusionin all other subcontracts, of any tier, includingthe obligationto comply withall cas in effecton',
39397:'the subcontractor’s award dateor if the subcontractor has submitted certified cost or pricing data, onthe date of final agreement onprice',
39398:'as shown onthe subcontractor’s signed certificate of current cost or pricing data. if the subcontract is awarded to a business',
39399:'unit which pursuant to 48 cfr 9903.2012 is subject to other types of cas coverage, the substance of the applicable',
39400:'clause set forth in subsection 30.2014 of thefederal acquisition regulation far shall be inserted. this requirement shall apply only to',
39401:'negotiated subcontracts in excess of the lower cas threshold specified in far 30.2014b on thedate of subcontract award, except thatthe',
39402:'requirement shall not apply to negotiated subcontracts otherwise exempt from the requirement to include a cas clause as specified in',
39403:'48 cfr 9903.2011. end of clause 52.2303disclosure and consistency of costaccountingpractices. as prescribed in 30.2014b1, insert the following clause: 52.2357',
39404:'52.2304 federal acquisition regulation disclosure and consistency of cost accounting practices jun 2020 a thecontractor, inconnectionwith thiscontract, shall 1 comply',
39405:'with the requirements of 48 cfr 9904.401, consistency in estimating, accumulating, and reporting costs; 48 cfr 9904.402, consistency in allocating',
39406:'costs incurred for the same purpose; 48 cfr 9904.405, accounting for unallowable costs; and 48 cfr 9904.406, cost accounting standardcost',
39407:'accounting period, in effecton the date of award of this contract as indicated in 48 cfr part 9904. 2 cascovered',
39408:'contracts only if it is a business unit of a company required to submit a disclosure statement, disclose in writing',
39409:'its cost accounting practices as required by 48 cfr 9903.2021 through 9903.2025. if the contractor has notified the contracting officer',
39410:'that the disclosure statement contains trade secrets and commercial or financial information which is privileged and confidential, the disclosure statement',
39411:'shall be protected and shall not be released outside of the government. 3 ifollowconsistentlythecontractor’scostaccountingpractices. achangetosuchpracticesmaybeproposed, however, by eitherthe government or',
39412:'the contractor, and the contractor agrees to negotiatewith the contracting officer the terms and conditions under which a change may',
39413:'be made. after the terms and conditions under which the change is to be made have been agreed to, the',
39414:'change must be applied prospectively to this contract, and the disclosure statement, if affected, must be amended accordingly. ii the',
39415:'contractor shall, when the parties agree to a change to a cost accounting practice and the contracting officer hasmade the',
39416:'findingrequired in 48 cfr 9903.2016c, that the change is desirable and not detrimental to the interests of the government, negotiate',
39417:'an equitable adjustment as provided in the changes clause of this contract. in the absence of the required finding, no',
39418:'agreement may be made under this contract clause that will increase costs paid by the united states. 4 agree to',
39419:'an adjustment of the contract price or cost allowance, as appropriate, if the contractor or a subcontractor fails to comply',
39420:'with the applicable cas or to follow any cost accounting practice, and such failure results in any increased costs paid',
39421:'by the united states. such adjustment shall provide for recovery of the increased costs to the united states together with',
39422:'interest thereon computed at the annual rate established under section 6621a2 of the internal revenue code of1986 26 u.s.c. 6621a2,',
39423:'from the time the payment by the united states was made to the time the adjustment is effected. b if',
39424:'the parties fail to agree whether the contractor has complied with an applicable cas, rule, or regulation as specified in',
39425:'48 cfr 9903 and 9904 and as to any cost adjustment demanded by the united states, such failure to agree',
39426:'will constitute a dispute under 41 u.s.c. chapter 71, contract disputes. c the contractor shall permit any authorized representatives of',
39427:'the government to examine and make copies of any documents, papers, and records relating to compliance with the requirements of',
39428:'this clause. d the contractor shall include in all negotiated subcontracts, which the contractor enters into, the substance of this',
39429:'clause, except paragraph b, and shall require such inclusionin all other subcontracts of any tier, except that 1 if the',
39430:'subcontract is awarded to a business unit which pursuant to 48 cfr 9903.2012 is subject to other types of cas',
39431:'coverage, the substance of the applicable clause set forth in section 30.2014 of the federal acquisition regulation far shall be',
39432:'inserted. 2 the requirement in this paragraph d shall apply only to negotiated subcontracts in excess of the lower cas',
39433:'threshold specified in far 30.2014b on the date of subcontract award. 3 the requirement shall not apply to negotiated subcontracts',
39434:'otherwise exempt from the requirement to include a cas clause as specified in 48 cfr 9903.2011. end of clause 52.2304disclosure',
39435:'and consistency of costaccountingpracticesforeign concerns. as prescribed in 30.2014c1, insert the following clause: disclosure and consistency of cost accounting practicesforeign',
39436:'concerns jun 2020 a thecontractor, inconnectionwith thiscontract, shall52.2 358 subpart 52.2 text of provisions and clauses 52.2305 1 comply with',
39437:'the requirements of 48 cfr 9904.401, consistency in estimating, accumulating, and reporting costs; and 48 cfr 9904.402, consistencyin allocating costs',
39438:'incurred for thesame purpose, in effect on the date of award of this contract, as indicated in 48 cfr 9904.',
39439:'2 cost accounting standard cascovered contracts only. if it is a business unit of a company required to submit a',
39440:'disclosure statement, disclose in writing its cost accounting practices as required by 48 cfr 9903.2021 through 48 cfr 9903.2025. if',
39441:'thecontractor has notified the contracting officer thatthe disclosure statementcontains trade secrets and commercial or financial information which is privileged and',
39442:'confidential, the disclosure statement shall be protected and shall not be released outside of the u.s. government. 3 ifollowconsistentlythecontractor’scostaccountingpractices. achangetosuchpracticesmaybeproposed,',
39443:'however, by eitherthe u.s. government or the contractor, and the contractor agrees to negotiatewith the contracting officer the terms and',
39444:'conditions under which a change may bemade. after theterms and conditions underwhich the change is to be made have been',
39445:'agreed to, the change must be applied prospectively to this contract, and the disclosure statement, if affected, must be amended',
39446:'accordingly. ii the contractor shall, when the parties agree to a change to a cost accounting practice and the contracting',
39447:'officer hasmade the findingrequired in 48 cfr 9903.2016c that the change is desirable and not detrimental to the interests of',
39448:'the u.s. government, negotiate an equitable adjustment as provided in the changes clause of this contract. in the absence of',
39449:'the required finding, no agreement may be made under this contract clause that will increase costs paid by the u.s.',
39450:'government. 4 agree to an adjustment of the contract price or cost allowance, as appropriate, if the contractor or a',
39451:'subcontractor fails to comply with the applicable cas or to follow any cost accounting practice, and such failure results in',
39452:'any increased costs paid by the u.s. government. such adjustment shall provide for recovery of the increased costs to the',
39453:'u.s. government, together with interest thereon computed at the annual rate established under section 6621a2 of the internal revenue code',
39454:'of 1986 26 u.s.c. 6621a2 for such period, from the time the payment by the u.s. government was made to',
39455:'the time the adjustment is effected. b if the parties fail to agree whether the contractor has complied with an',
39456:'applicable cas rule, or regulation as specified in 48 cfr 9903 and 48 cfr 9904 and as to any cost',
39457:'adjustment demanded by the u.s. government, such failure to agree will constitute a dispute under 41 u.s.c. chapter 71, contract',
39458:'disputes. c the contractor shall permit any authorized representatives of the u.s. government to examine and make copies of any',
39459:'documents, papers, and records relating to compliance with the requirements of this clause. d the contractor shall include in all',
39460:'negotiated subcontracts, which the contractor enters into, the substance of this clause, except paragraph b, and shall require such inclusionin',
39461:'all other subcontracts of any tier, except that— 1 if the subcontract is awarded to a business unit which pursuant',
39462:'to 48 cfr 9903.2012 is subject to other types of cas coverage, thesubstance of the applicableclause prescribed in federal acquisition',
39463:'regulation far 30.2014 shall be inserted. 2 the requirement in this paragraph d shall apply only to negotiated subcontracts in',
39464:'excess of the lower cas threshold specified in far 30.2014b on the date of subcontract award. 3 the requirement shall',
39465:'not apply to negotiated subcontracts otherwise exempt from the requirement to include a cas clause as specified in 48 cfr',
39466:'9903.2011. end of clause 52.2305 cost accounting standardseducational institution. as prescribed in 30.2014e1, insert the following clause: cost accounting standardseducational',
39467:'institution jun 2020 a unless the contract is exempt under 48 cfr 9903.2011 and 9903.2012, the provisions of 48 cfr',
39468:'9903 are incorporated hereinby reference and thecontractor, inconnectionwith thiscontract, shall 1 cascovered contracts only. if a business unit of an',
39469:'educational institution defined as an institution of higher education in the omb uniform guidance at 2 cfr part 200, subpart',
39470:'a and 20 u.s.c. 1001 is required to submit a disclosure statement, disclose in writing the contractor’s cost accounting practices',
39471:'as required by 48 cfr 9003.2021 through 9903.2025, including methods of distinguishing direct costs from indirect costs and the basis',
39472:'used for accumulating and allocating indirect costs. the practices disclosed for this contract shall be the same as the practices',
39473:'currently disclosed 52.2359 52.2305 federal acquisition regulation and applied on all other contracts and subcontracts being performed by the contractor',
39474:'and which contain a cost accounting standards cas clause. ifthe contractor has notifiedthe contracting officerthat thedisclosurestatement contains trade secrets, and',
39475:'commercial or financial information which is privileged and confidential, the disclosure statement shall be protected and shall not be released',
39476:'outside of the government. 2 follow consistently the contractor’s cost accounting practices inaccumulating and reporting contract performance cost data concerning',
39477:'this contract. if any change in cost accounting practices is made for the purposes of any contract or subcontract subject',
39478:'to cas requirements, the change must be applied prospectively to this contract and the disclosure statement,if required, must be amended',
39479:'accordingly. if an accounting principlechange mandatedunder omb uniform guidance at 2 cfr part 200, subpart e and appendix iii, requires',
39480:'that a change inthe contractor’scostaccountingpractices be made after the date of this contract award, the change must be applied prospectively',
39481:'to this contract and the disclosure statement,if required, must be amended accordingly. if the contract price or cost allowance ofthiscontract',
39482:'is affected by such changes, adjustment shall be made in accordance with paragraph a4 or a5 of this clause, as',
39483:'appropriate. 3 comply with all cas, including any modifications and interpretations indicated thereto contained in 48 cfr 9905 in effect',
39484:'onthe date of award of this contract or, ifthe contractor has submitted certified cost or pricing data, on thedate of',
39485:'final agreement on price as shown on the contractor’s signed certificate of current cost or pricing data. thecontractor shall also',
39486:'comply with any cas or modifications to cas which hereafter become applicable to a contract or subcontract of the contractor.',
39487:'suchcompliance shall be required prospectively from the date of applicability to such contractor subcontract. 4 i agree to an equitable',
39488:'adjustment as provided in the changes clause of this contract if the contract cost is affected bya change which, pursuant',
39489:'to paragraph a3 of this clause, the contractor is required to make tothe contractor’s established cost accounting practices. iinegotiate with',
39490:'the contracting officer to determine the terms and conditions underwhich achange may be made to a cost accounting practice, other',
39491:'than a change made under other provisions of paragraph a4 of this clause; provided that no agreement may be made',
39492:'under this provision that will increase costs paid by the united states. iii when the parties agree to a change',
39493:'to a cost accounting practice, other than a change under subdivision a4i or a4iv of this clause, negotiate an equitable',
39494:'adjustment as provided in the changes clause of this contract. iv agree to an equitable adjustment as provided in the',
39495:'changes clause of this contract, if the contract cost is materially affected byan accounting principle amendment required under the omb',
39496:'uniform guidance at 2 cfr part 200, subpart e and appendix iii, which, on becoming effective after the date of',
39497:'contract award, requires thecontractor to make a change to the contractor’s established cost accounting practices. 5 agree to an adjustment',
39498:'of the contract price or cost allowance, as appropriate, if the contractor or a subcontractor fails to comply with an',
39499:'applicable cost accounting standard, or to follow any cost accounting practice consistently and such failure results in any increased costs',
39500:'paid by the united states. such adjustment shall provide for recovery of the increased costs to the united states, together',
39501:'with interest thereon computed at the annual rate established under section 6621a2 of the internal revenue code of 1986 26',
39502:'u.s.c. 6621a2 for such period, from the time the payment by the united states was madeto thetime the adjustment is',
39503:'effected. inno case shall the government recover costs greater than theincreasedcost to the government, in the aggregate, on the relevant',
39504:'contracts subject to the price adjustment, unless the contractor made a change in its cost accounting practices of which it',
39505:'was aware or should have been aware at the time of price negotiations and which it failed to disclose to',
39506:'the government. b if the parties fail to agree whether the contractor or a subcontractor has complied with an applicable',
39507:'cas or a cas rule or regulation in 48 cfr 9903 and as to any cost adjustment demanded by the',
39508:'united states, such failure to agree will constitute a dispute under 41 u.s.c. chapter 71, contract disputes. c the contractor',
39509:'shall permit any authorized representatives of the government to examine and make copies of any documents, papers, or records relating',
39510:'to compliance with the requirements of this clause. d the contractor shall include in all negotiated subcontracts which the contractor',
39511:'enters into, the substance of this clause, except paragraph b, and shall require such inclusionin all other subcontracts, of any',
39512:'tier, includingthe obligation to comply with all applicable casin effect on thesubcontractor’s award date or,if the subcontractor hassubmitted certified cost',
39513:'or pricing data, on the date offinal agreement on priceas shown on the subcontractor’ssigned certificateof current cost or pricing data,',
39514:'except that 1 if the subcontract is awarded to a business unit which pursuant to 48 cfr 9903.2012 is subject',
39515:'to other types of cas coverage, the substance of the applicable clause set forth in 48 cfr 9903.2014 shall be',
39516:'inserted; 2 the requirement in this paragraph d shall apply only to negotiated subcontracts in excess of the lower cas',
39517:'threshold specified in federal acquisition regulationfar 30.2014b on the date of subcontract award; and 52.2360 subpart 52.2 text of provisions',
39518:'and clauses 52.2306 3 the requirement shall not apply to negotiated subcontracts otherwise exempt from the requirement to include a',
39519:'cas clause as specified in 48 cfr 9903.2011. end of clause 52.2306 administration of cost accounting standards. as prescribed in',
39520:'30.2014d1, insert the following clause: administration of cost accounting standards june 2010 for the purpose of administering the cost accounting',
39521:'standards cas requirements under this contract, the contractor shall take the steps outlined in paragraphs b through i and k',
39522:'through n of this clause: a definitions. as used in this clause affected cascovered contract or subcontract means a contract',
39523:'or subcontract subject to cas rules and regulations for which a contractor or subcontractor 1 used one cost accounting practice',
39524:'to estimate costs and a changed cost accounting practice to accumulate and report costs under the contract or subcontract; or',
39525:'2 used a noncompliant practice for purposes of estimating or accumulating and reporting costs under the contract or subcontract. cognizant',
39526:'federal agency official cfao means the contractingofficer assigned by thecognizant federal agency to administer the cas. desirable change means a',
39527:'compliantchange to a contractor’s establishedor disclosedcost accountingpractices that thecfao finds is desirable andnot detrimentalto thegovernment and is, therefore, not subject',
39528:'to the no increased cost prohibition provisions of cascovered contractsandsubcontractsaffected by thechange. fixedprice contracts and subcontracts means 1 fixedprice contracts',
39529:'and subcontracts described at far 16.202, 16.203, except when price adjustments are based on actual costs of labor or material,',
39530:'described at 16.2031a2, and 16.207; 2 fixedprice incentivecontracts and subcontracts where theprice is not adjustedbased on actualcosts incurred far subpart',
39531:'16.4; 3 orders issued under indefinitedelivery contracts and subcontracts where final payment is not based on actual costs incurred far',
39532:'subpart 16.5; and 4thefixedhourlyrateportionoftimeandmaterialsandlaborhourscontractsandsubcontractsfar subpart 16.6. flexiblypriced contracts and subcontracts means 1 fixedprice contracts and subcontracts described at far 16.2031a2,',
39533:'16.204, 16.205, and 16.206; 2 costreimbursement contracts and subcontracts far subpart 16.3; 3 incentivecontracts and subcontracts where the price may',
39534:'be adjusted based on actual costs incurred far subpart 16.4; 4 orders issued under indefinitedelivery contracts and subcontracts where final',
39535:'payment is based on actual costs incurred far subpart 16.5; and 5thematerialsportionoftimeandmaterialscontractsandsubcontractsfar subpart 16.6. noncompliance means a failure in estimating,',
39536:'accumulating, or reporting costs to 1 comply with applicable cas; or 2 consistently follow disclosed or established cost accounting practices.',
39537:'required change means 1 a change in cost accounting practice that a contractor is required to make in order to',
39538:'comply with applicable standards, modifications or interpretations thereto, that subsequently become applicable to existing cascovered contracts or subcontracts due to',
39539:'the receipt of another cascovered contract or subcontract; or 2 a prospective change to adisclosed orestablished cost accounting practice whenthe',
39540:'cfao determines that the former practice was in compliance with applicable cas and the change is necessary for the contractor',
39541:'to remain in compliance. unilateral change means a change in cost accounting practice from one compliant practice to another compliant',
39542:'practice that a contractor with a cascovered contracts or subcontracts elects to make that has not been deemed a desirable',
39543:'change by the cfao and for whichthe government will payno aggregate increased costs. 52.2361 52.2306 federal acquisition regulation b submitto',
39544:'thecfao a description of any cost accounting practice change as outlined in paragraphsb1 through 3 of this clause including revisions',
39545:'to the disclosure statement, if applicable, and any written statement that the cost impact of the change is immaterial. if',
39546:'a change in cost accounting practice is implemented without submitting the notice required by this paragraph, the cfao may determine',
39547:'the change tobe a failure to followparagraph a2 of the clause at far 52.2302, costaccounting standards; paragraph a4 of the',
39548:'clause at far 52.2303, disclosure and consistency of cost accounting practices; paragraph a4of the clause at far 52.2304, disclosure and',
39549:'consistency of cost accounting practices–foreign concerns;or paragrapha2 of the clause at far 52.2305, cost accounting standards–educational institution. 1 when a',
39550:'description has been submitted for a change in cost accounting practice that is dependent on a contact award and that',
39551:'contractis subsequentlyawarded, notify thecfao within 15 daysafter such award. 2 for any change in cost accounting practice not covered by',
39552:'b1 of this clause that is required in accordance with paragraphs a3 and a4i of theclause at far 52.2302; or',
39553:'paragraphs a3, a4i, or a4iv of the clause at far 52.2305; submit adescription ofthe changeto the cfaonot less than60 days',
39554:'or such other date as may be mutually agreed to bythe cfao and the contractor beforeimplementation of the change. 3',
39555:'for any change in cost accounting practices proposed in accordance with paragraph a4ii or iii of the clauses at far',
39556:'52.2302 and far 52.2305; orwith paragraph a3of the clauses at far 52.2303 and far 52.2304, submit a descriptionof the change',
39557:'not less than 60 days or such other dateas may be mutually agreed to by the cfao and the contractor',
39558:'before implementation of the change. if the change includes a proposed retroactive date submit supporting rationale. 4 submit a description',
39559:'of the change necessary to correct a failure to comply with an applicable cas or to follow a disclosed practice',
39560:'as contemplated by paragraph a5 ofthe clause atfar 52.2302 and far 52.2305; or by paragraph a 4 of the clauses',
39561:'at far 52.2303 and far 52.2304 iwithin 60 days or such other date as may be mutually agreed to bythe',
39562:'cfao and thecontractor after the date of agreement withthe cfao thatthere is a noncompliance; or iiin the event of contractordisagreement,',
39563:'within60 days after the cfao notifies the contractorof the determination of noncompliance. c when requested by thecfao, submit on or',
39564:'beforea date specified by the cfao 1 a general dollar magnitude gdm proposal in accordance with paragraph d or g',
39565:'of this clause. the contractor may submit a detailed costimpact dci proposal in lieu of the requested gdm proposal provided',
39566:'the dci proposal is in accordance with paragraph e or h of this clause; 2 a detailed costimpact dci proposal',
39567:'in accordance with paragraph e or h of this clause; 3 for any request for a desirable changethat isbased on',
39568:'thecriteria infar 30.6032b3ii, the data necessary to demonstrate the required cost savings; and 4 for any request for a desirable',
39569:'changethat isbased on criteria other thanthat in far 30.6032b3ii, a gdm proposal and any other data necessary for the cfao',
39570:'todetermine if the change is a desirable change. d for any change in cost accounting practice subject to paragraph b1,',
39571:'b2, or b3 of this clause, the gdm proposal shall 1 calculate the cost impact in accordance with paragraph f',
39572:'of this clause; 2 use one or more of the following methods to determine the increase or decrease in cost',
39573:'accumulations: iarepresentative sample of affected cascovered contractsandsubcontracts. ii the change in indirect rates multiplied by the total estimated base computed',
39574:'for each of the following groups: a fixedprice contracts and subcontracts. b flexiblypriced contracts and subcontracts. iii any other method',
39575:'that provides a reasonable approximation of the total increase or decrease in cost accumulations for allaffected fixedprice and flexiblypriced contracts',
39576:'and subcontracts; 3 use a format acceptable to the cfao but, as a minimum, include the following data: ithe estimated',
39577:'increase or decrease in cost accumulations byexecutive agency, includingany impact the change may have on contract and subcontract incentives, fees,',
39578:'and profits, for each of the following groups: a fixedprice contracts and subcontracts. b flexiblypriced contracts and subcontracts. ii for',
39579:'unilateral changes, the increased or decreased costs to the government for each of the following groups: a fixedprice contracts and',
39580:'subcontracts. b flexiblypriced contracts and subcontracts; and 4 when requestedby the cfao, identify allaffected cascovered contracts and subcontracts. 52.2362 subpart',
39581:'52.2 text of provisions and clauses 52.2306 e for any change in cost accounting practice subject to paragraph b1, b2,',
39582:'or b3 of this clause, the dci proposal shall 1 show the calculation of the cost impact in accordance with',
39583:'paragraph f of this clause; 2 show the estimated increase ordecrease in cost accumulations for each affected cascoveredcontract and subcontract',
39584:'unless the cfao and contractor agree toinclude ionly thoseaffected cascovered contracts and subcontracts having an estimate to completeexceeding a specified',
39585:'amount; and iian estimate ofthe total increase or decreasein cost accumulations for allaffected cascovered contracts and subcontracts, using the results',
39586:'in paragraph e2i of this clause; 3 use a format acceptable to the cfao but, as a minimum, include the',
39587:'information in paragraph d3 of this clause; and 4 when requestedby the cfao, identify allaffected cascovered contracts and subcontracts. f',
39588:'for gdm and dci proposals that are subject to the requirements of paragraph d or e of this clause, calculate',
39589:'the cost impact as follows: 1 the cost impactcalculation shall include all affected cascovered contracts and subcontracts regardless of their',
39590:'status i.e., open or closed or the fiscal year in which the costs were incurred i.e., whether or not the',
39591:'final indirect rates have been established. 2 for unilateral changes i determine the increased or decreased cost to the government',
39592:'for flexiblypriced contracts and subcontracts as follows: a when the estimated cost to complete using the changed practice exceeds the',
39593:'estimated cost to complete using thecurrent practice, thedifference isincreased costto the government. b when the estimated cost to complete using',
39594:'the changed practice is less than the estimated cost to complete using the currentpractice, the differenceis decreased cost to the',
39595:'government; ii determine the increased or decreased cost to the government for fixedpriced contracts and subcontracts as follows: a when',
39596:'the estimated cost to complete using the changed practice is less than the estimated cost to complete using the currentpractice,',
39597:'the differenceis increased cost tothe government. b when the estimated cost to complete using the changed practice exceeds the estimated',
39598:'cost to complete using thecurrent practice, thedifference isdecreasedcost to thegovernment; iii calculate the total increase or decrease in contract and',
39599:'subcontract incentives, fees, and profits associated with the increased or decreased costs to the government in accordance with 48 cfr',
39600:'9903.306c. the associated increase or decrease is based on the difference betweenthe negotiatedincentives, fees, and profits and the amounts that',
39601:'would have been negotiated had the cost impact been known at the time the contracts and subcontracts were negotiated; and',
39602:'iv calculate the increased cost to the government in the aggregate. 3 for equitable adjustments for required or desirable changes',
39603:'iestimated increased cost accumulations are thebasis for increasing contract prices, target prices andcost ceilings; and iiestimated decreased cost accumulationsare thebasis',
39604:'for decreasingcontract prices, targetprices and cost ceilings. g for any noncompliant cost accounting practice subject to paragraph b4 of this',
39605:'clause, prepare the gdm proposal as follows: 1 calculate the cost impact in accordance with paragraph i of this clause.',
39606:'2 use one or more of the following methods to determine the increase or decrease in contract and subcontract prices',
39607:'or cost accumulations, as applicable: iarepresentative sample of affected cascovered contractsandsubcontracts. ii when the noncompliance involves cost accumulation the change',
39608:'in indirect rates multiplied by the applicable base for only flexiblypriced contracts and subcontracts. iii any other method that provides',
39609:'a reasonable approximation of the total increase or decrease. 3 use a format acceptable to the cfao but, as a',
39610:'minimum, include the following data: i the total increase or decrease in contract and subcontract price and cost accumulations, as',
39611:'applicable, by executive agency, including any impact the noncompliance mayhaveon contractandsubcontract incentives, fees, and profits, for each of the following',
39612:'groups: 52.2363 52.2306 federal acquisition regulation a fixedprice contracts and subcontracts. b flexiblypriced contracts and subcontracts. ii the increased or',
39613:'decreased cost to the government for each of the following groups: a fixedprice contracts and subcontracts. b flexiblypriced contracts and',
39614:'subcontracts. iii the total overpayments and underpayments made by the government during the period of noncompliance. 4 when requestedby the',
39615:'cfao, identify allcascovered contracts and subcontracts. h for any noncompliant practice subject to paragraph b4 of this clause, prepare the',
39616:'dci proposal as follows: 1 calculate the cost impact in accordance with paragraph i of this clause. 2 show the',
39617:'increase or decrease in price and cost accumulationsforeach affected cascovered contract and subcontract unless the cfao and contractor agree to',
39618:'iinclude only thoseaffected cascovered contracts and subcontracts having a contract and subcontract values exceeding a specified amount when the noncompliance',
39619:'involves estimating costs; and b incurred costs exceeding a specified amount when the noncompliance involves accumulating costs; and iiestimatethe total',
39620:'increase or decreasein price and cost accumulations for all affected cascovered contracts and subcontracts using the results in paragraph h2i',
39621:'of this clause. 3 use a format acceptable to the cfao that, as a minimum, include the information in paragraph',
39622:'g3 of thisclause. 4 when requestedby the cfao, identify allcascovered contracts and subcontracts. i for gdm and dci proposals that',
39623:'are subject to the requirements of paragraph g or h of this clause, calculate the cost impact as follows: 1',
39624:'the cost impactcalculation shall include all affected cascovered contracts and subcontracts regardless of their status i.e., open or closed or',
39625:'the fiscal year in which the costs are incurred i.e., whether or not the final indirect rates have been established.',
39626:'2 for noncompliances that involve estimating costs, determine the increased or decreased cost to the government for fixedprice contracts and',
39627:'subcontracts as follows: i when the negotiated contract or subcontract price exceeds what the negotiated price would have been had',
39628:'the contractor used a compliant practice, the difference is increased cost to the government. ii when the negotiated contract or',
39629:'subcontract price is less than what the negotiated price would have been had the contractor used a compliant practice, the',
39630:'difference is decreased cost to the government. 3 for noncompliances that involve accumulating costs, determine the increased or decreased cost',
39631:'to the government for flexiblypriced contracts and subcontracts as follows: i when the costs that were accumulated under the noncompliant',
39632:'practice exceed the costs that would have been accumulated using a compliant practice from the time the noncompliant practice was',
39633:'first implemented until the date the noncompliant practice was replaced with a compliant practice, the difference is increased cost to',
39634:'the government. ii when the costs that were accumulated under the noncompliant practice are less than the costs that would',
39635:'have been accumulated using a compliant practice from the time the noncompliant practice was first implemented until the date thenoncompliant',
39636:'practice was replaced with a compliantpractice, the difference is decreased costto the government. 4 calculate the total increase or decrease',
39637:'in contract and subcontracts incentives, fees, and profits associated with the increased or decreased cost to the government in accordance',
39638:'with 48 cfr 9903.306c. the associated increase or decrease is based on the difference betweenthe negotiatedincentives, fees, and profits and',
39639:'the amounts that would have been negotiated had the contractor used a compliant practice. 5 calculate the increased cost to',
39640:'the government in the aggregate. j if the contractor does not submit the information required by paragraph b or c',
39641:'of this clause within the specified time,or any extension granted bythe cfao, the cfao may takeone or both of thefollowing',
39642:'actions: 1 withhold anamount not to exceed 10 percent of each subsequent amount payment to the contractor’s affected cascovered contracts,',
39643:'up to the estimated general dollar magnitude of the cost impact, until such time as the contractor provides the requiredinformation',
39644:'to thecfao. 2 issue a final decision in accordance with far 33.211 and unilaterally adjust the contracts by the estimated',
39645:'amount of the cost impact. k agree to52.2 364 subpart 52.2 text of provisions and clauses 52.231 1 contract modifications',
39646:'to reflect adjustments required in accordance with paragraph a4ii or a5 of the clauses at far 52.2302 and 52.2305; or',
39647:'with paragrapha3ior a4 ofthe clauses at far 52.2303 and far 52.2304; and 2 repaythe government for any aggregateincreased costpaid to',
39648:'the contractor. lfor all subcontracts subjectto the clauses at far 52.2302, 52.2303, 52.2304, or 52.2305 1 so state in the',
39649:'body of the subcontract, in the letter of award, or in both do not use selfdeleting clauses; 2 include the',
39650:'substance of this clause in all negotiated subcontracts; and 3 within 30 days after award of the subcontract, submitthe following',
39651:'information to the contractor’s cfao: isubcontractor’s name and subcontract number. ii dollar amount and date of award. iii name of',
39652:'contractor making the award. m notify the cfao in writing of any adjustmentsrequired to subcontracts under this contract and agree',
39653:'to an adjustment to this contract price or estimated cost and fee. the contractor shall 1 provide this notice within',
39654:'30 days after the contractor receives the proposed subcontract adjustments; and 2 includea proposal for adjusting thehighertier subcontract orthe contract',
39655:'appropriately. n for subcontracts containing the clause or substance of the clause at far 52.2302, far 52.2303, far 52.2304, or',
39656:'far 52.2305, requirethe subcontractor to comply with all standards in effecton the dateof award or offinal agreement on price, as',
39657:'shown on the subcontractor’s signed certificate of currentcost or pricingdata, whichever is earlier. end of clause 52.2307proposal disclosurecost accounting practice',
39658:'changes. as prescribed in 30.2013c, insert the following provision: proposal disclosurecost accounting practice changesapr 2005 the offeror shall check yes',
39659:'below if the contract award willresult in arequired or unilateral change in cost accounting practice, including unilateral changes requested to',
39660:'be desirable changes. □ yes □ no if the offerorchecked yes above,the offerorshall 1 prepare the price proposal in response',
39661:'to the solicitation using the changed practice for the period of performance for which the practice will be used; and',
39662:'2 submita description of the changed cost accounting practice to the contracting officer and the cognizant federal agency official as',
39663:'pricing supportforthe proposal. end of provision 52.231[reserved] 52.2365 this page intentionally left blank. 52.2366 subpart 52.2 text of provisions and',
39664:'clauses 52.2324 52.232[reserved] 52.2321 payments. as prescribed in 32.111a1, insert the following clause, appropriately modified with respect to payment due',
39665:'date in accordance with agency regulations, in solicitations and contracts when a fixedprice supply contract, a fixedprice service contract, or',
39666:'a contract for nonregulated communication services is contemplated: payments apr 1984 the government shall paythe contractor, upon the submission of',
39667:'properinvoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less',
39668:'any deductions provided in this contract. unless otherwise specified in this contract, payment shall be made on partial deliveries accepted',
39669:'by the government if a the amount due on the deliveries warrants it; or b the contractor requests it and',
39670:'the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price. end of',
39671:'clause 52.2322payments under fixedprice research and development contracts. as prescribed in 32.111a2, insert the following clause, as appropriately modified with',
39672:'respect to payment due dates in accordance with agency regulations, in solicitations and contracts when a fixedprice research and development',
39673:'contract is contemplated: payments under fixedprice research and development contractsapr 1984 the government shall paythe contractor, upon submissionof proper invoices',
39674:'orvouchers, the prices stipulated in this contract for work delivered or rendered and accepted, less any deductions provided in this',
39675:'contract. unless otherwise specified, payment shall be made upon acceptance of any portion of the work delivered or rendered for',
39676:'which a price is separately stated in the contract. end of clause 52.2323 payments under personal services contracts. as prescribed',
39677:'in 32.111a3, insert the following clause, appropriately modified with respect to payment due dates in accordance with agency regulations, in',
39678:'solicitations and contracts for personal services: payments under personal services contracts apr 1984 the government shall paythe contractor for the',
39679:'services performed by thecontractor, as set forth in the schedule of this contract, atthe rates prescribed, upon the submission by',
39680:'the contractorof proper invoices ortime statements to the office or officer designated and at thetime provided for in this contract.',
39681:'the government shall also pay the contractor a a per diem rate in lieu of subsistence for each day the',
39682:'contractor is in a travel status away from home or regular place of employment in accordance with federal travel regulations',
39683:'41 cfr 1017 as authorized in appropriate travel orders; and b any other transportation expenses if provided for in the',
39684:'schedule. end of clause 52.2324payments under transportation contracts and transportationrelatedservicescontracts. as prescribed in 32.111a4, insert the following clause, appropriately modified',
39685:'with respect to payment due dates in accordance with agency regulations, in solicitations and contracts for transportation or transportationrelated services:',
39686:'payments under transportation contracts and transportationrelated services contractsapr 1984 52.2367 52.2325 federal acquisition regulation the government shall pay the contractor',
39687:'upon the submission of properly certified invoices or vouchers, the amount due for services rendered and accepted, lessdeductions, ifany, as',
39688:'herein provided. end of clause 52.2325 payments under fixedprice construction contracts. as prescribed in 32.111a5, insert the following clause: payments',
39689:'under fixedprice construction contracts may 2014 a payment of price. the government shall pay the contractor the contract price as',
39690:'provided in this contract. b progress payments. the government shall make progress payments monthly as the work proceeds, or at',
39691:'more frequent intervalsas determined by thecontracting officer,on estimates of workaccomplished which meets the standards of quality established under the contract,',
39692:'asapproved bythe contracting officer. 1 the contractor’s request for progress payments shall include the following substantiation: i an itemization of',
39693:'the amounts requested, related to the various elements of work required by the contract covered by the payment requested. ii',
39694:'a listing of the amount included for work performed by each subcontractor under the contract. iii a listing of the',
39695:'total amount of each subcontract under the contract. iv a listing of the amounts previously paid to each such subcontractor',
39696:'under the contract. v additional supporting datain a form and detail requiredby the contracting officer. 2 in the preparation of',
39697:'estimates, the contractingofficer may authorize material delivered on the site and preparatory work done to be taken into consideration. material',
39698:'delivered to the contractor at locations other than the site also may be taken into consideration if i consideration is',
39699:'specifically authorized by this contract; and ii the contractor furnishes satisfactory evidence that it has acquired title to such material',
39700:'and that the material will be used to perform this contract. c contractor certification. along with each request for progress',
39701:'payments, the contractor shall furnish the following certification, or payment shall not be made: however,if the contractorelects to delete paragraphc4',
39702:'from the certification, the certification is still acceptable. i hereby certify,to the bestof my knowledge and belief,that 1 the amounts',
39703:'requested are only for performance in accordance with the specifications, terms, and conditions of the contract; 2 all payments due',
39704:'to subcontractors and suppliers from previous payments received under the contract have been made, and timely payments will be made',
39705:'from the proceeds of the payment covered by this certification, in accordance with subcontract agreementsandthe requirementsof chapter 39 oftitle 31,',
39706:'united states code; 3 this request for progress payments does not include any amounts which the prime contractor intends to',
39707:'withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and 4',
39708:'this certification is not to be construed as final acceptance of a subcontractor’s performance. name title date d refund of',
39709:'unearned amounts. if thecontractor, after making acertifiedrequest for progress payments,discovers that a portion or all of such request constitutes a',
39710:'payment for performance by the contractor that fails to conform to the specifications, terms, and conditions of this contract hereinafter',
39711:'referred to as the unearned amount, the contractor shall 1 notify the contracting officer ofsuch performancedeficiency; and 2 be obligated',
39712:'topaythe government anamount computed by the contractingofficer in the manner provided in paragraph j of this clause equal to interest',
39713:'on the unearned amount from the 8 thday after the date of receipt of the unearned amount until ithe date',
39714:'the contractornotifies thecontracting officer thatthe performancedeficiency has been corrected; or ii the date the contractor reduces the amount of any',
39715:'subsequent certified request for progress payments by an amount equal to the unearned amount. 52.2368 subpart 52.2 text of provisions',
39716:'and clauses 52.2327 e retainage.if the contracting officer finds that satisfactory progress was achieved during any period for which a',
39717:'progress payment is tobe made, the contracting officer shall authorize payment tobe made infull. however, if satisfactory progress has not',
39718:'been made, the contractingofficer may retaina maximum of 10 percent of the amount ofthe payment untilsatisfactory progress is achieved. whenthe',
39719:'work is substantially complete, the contracting officer may retain from previouslywithheld funds and future progresspayments that amountthe contracting officerconsiders adequatefor',
39720:'protection of the government and shall release to the contractor all the remaining withheld funds. also, on completion and acceptance',
39721:'of each separate building, public work, or other division of the contract, for which the price is stated separately in',
39722:'the contract, payment shall be made for the completed work without retention of a percentage. f title, liability, and reservation',
39723:'of rights. all material and work covered by progress payments made shall, at the time of payment, become the sole',
39724:'property of the government, but this shall not be construed as 1 relieving the contractor from the sole responsibility for',
39725:'all material and work upon which payments have been made or the restoration of any damaged work; or 2 waiving',
39726:'the rightof the government to requirethe fulfillment of all of the terms of the contract. g reimbursement for bond premiums.',
39727:'in making these progress payments, the government shall, upon request, reimburse the contractor for the amount of premiums paid for',
39728:'performance and payment bonds including coinsurance and reinsuranceagreements, whenapplicable after the contractorhas furnished evidence of full paymentto the surety. the',
39729:'retainage provisions in paragraph e of this clause shall not apply to that portion of progress payments attributable to bond',
39730:'premiums. h final payment. the government shall pay the amount due the contractor under this contract after 1 completion and',
39731:'acceptance of all work; 2 presentation of a properly executed voucher; and 3 presentation of release of all claims against',
39732:'the government arising by virtue of this contract, other than claims, in stated amounts, that the contractor has specifically excepted',
39733:'from the operation of the release. a release may also be required of the assignee if the contractor’s claim toamountspayable',
39734:'under this contracthas been assigned underthe assignment of claims act of1940 31 u.s.c.3727 and 41 u.s.c. 6305. i limitation because',
39735:'of undefinitized work. notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on',
39736:'undefinitized contract actions. a contract action is any action resulting in a contract, as defined in far subpart 2.1, including',
39737:'contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the',
39738:'terms of the contract, such as contract modifications issued pursuant to the changes clause, or funding and other administrative changes.',
39739:'j interest computation on unearned amounts. in accordance with 31 u.s.c. 3903c1, the amount payable under paragraph d2 of this',
39740:'clause shall be 1 computed at the rate of averagebond equivalentrates of 91day treasury bills auctioned at themost recent auction',
39741:'of such bills prior to the date the contractor receives the unearned amount; and 2 deducted from the next available',
39742:'payment tothe contractor. end of clause 52.2326 payment under communication service contracts with common carriers. as prescribed in 32.111a6, insert',
39743:'the following clause, appropriately modified with respect to payment due dates in accordance with agency regulations, in solicitations and contracts',
39744:'for regulated communication services by common carriers: payment under communication service contracts with common carriers apr 1984 the government shall',
39745:'paythe contractor, in arrears, uponsubmission of invoices for servicesand facilities furnished in accordance with theterms ofcsas issued under this contract,',
39746:'therates andcharges for theservicesandfacilities as set forth in the clause entitled rates, charges and services. end of clause 52.2327payments under',
39747:'timeandmaterials and laborhour contracts. as prescribed in 32.111a7, insert the following clause: 52.2369 52.2327 federal acquisition regulation payments under timeandmaterials',
39748:'and laborhour contracts nov 2021 the government will pay the contractor as follows upon the submissionof vouchers approved by the',
39749:'contractingofficer or the authorized representative: a hourly rate. 1 hourly rate means the rates prescribed in the contract for payment',
39750:'for labor that meets the labor category qualifications of a labor category specified in the contract that are i performed',
39751:'by the contractor; ii performed by the subcontractors; or iii transferred between divisions,subsidiaries, oraffiliates of thecontractor under a common control.',
39752:'2 the amounts shall be computed by multiplying the appropriate hourly rates prescribed in the schedule by the number of',
39753:'direct labor hours performed. 3 the hourly rates shall be paid for all labor performed on the contract that meets',
39754:'the labor qualifications specified in the contract. labor hours incurred to perform tasks for which labor qualifications were specified in',
39755:'the contract will not be paid to the extent the work is performed by employees that do not meet the',
39756:'qualifications specified in the contract, unless specifically authorizedby the contracting officer. 4 the hourly rates shall include wages, indirect costs,',
39757:'general and administrative expense, and profit. fractional parts of an hour shall be payable on a prorated basis. 5 vouchers',
39758:'maybe submitted not more thanonceevery two weeks, to the contracting officer orauthorized representative. a small business concern may receive more',
39759:'frequent payments than every two weeks. the contractor shall substantiate vouchers including any subcontractor hours reimbursed at the hourly rate',
39760:'in the schedule by evidence of actual payment and by i individual daily job timekeeping records; ii records that verify',
39761:'the employees meet the qualifications for the labor categories specified in the contract; or iii other substantiation approved by the',
39762:'contractingofficer. 6 promptly after receipt ofeach substantiated voucher, the government shall, except as otherwise provided in this contract, and subject',
39763:'to theterms ofparagraph eof this clause, paythe voucher as approved by the contractingofficer or authorized representative. 7 unlessotherwise prescribed in',
39764:'the schedule,the contracting officermay unilaterallyissue acontract modification requiring the contractor to withhold amounts from its billings until a reserve is',
39765:'set aside in an amount that the contracting officer considers necessaryto protect thegovernments interests. the contracting officer may requirea withhold',
39766:'of 5 percent of the amounts due under paragraph a of this clause, but the total amount withheld for the',
39767:'contract shall not exceed $50,000. the amounts withheld shall be retained until the contractor executes and delivers the release required',
39768:'by paragraph g of this clause. 8 unless the schedule prescribes otherwise, the hourly rates in the schedule shall not',
39769:'be varied by virtue of the contractor having performed work on an overtime basis. if no overtime rates are provided',
39770:'in the schedule and overtime work is approved in advance by the contracting officer, overtimeratesshallbe negotiated. failure to agree upon',
39771:'these overtime rates shall be treated as a dispute under the disputes clause of this contract. if the schedule provides',
39772:'rates for overtime, the premiumportion of those rates will be reimbursable only to the extent the overtime is approved by',
39773:'the contracting officer. b materials. 1 for the purposes of this clause i direct materials means those materials that enter',
39774:'directly into the end product, or that are used or consumed directly in connection with the furnishing of the end',
39775:'product or service. ii materials means adirect materials, including supplies transferred betweendivisions, subsidiaries, or affiliates ofthe contractor under a common',
39776:'control; b subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;',
39777:'c other direct costs e.g., incidental services for which there is not a labor category specified in the contract, travel,',
39778:'computer usage charges, etc. ; and d applicable indirect costs. 2 if the contractor furnishes its own materials that meet',
39779:'the definition of a commercial product or commercial service in federal acquisition regulationfar 2.101, the price to be paid for',
39780:'such materials shall not exceed the contractors established catalog or market price, adjusted to reflect the i quantities being acquired;',
39781:'and 52.2370 subpart 52.2 text of provisions and clauses 52.2327 ii actual cost of any modifications necessary because of contract',
39782:'requirements. 3 except as provided for in paragraph b2 of this clause, the government will reimburse the contractor for allowable',
39783:'cost of materials provided the contractor i has made payments for materials in accordance with the terms and conditions of',
39784:'the agreement or invoice; or ii ordinarily makes these payments within 30 days of the submission of the contractors payment',
39785:'request to the government and such payment is in accordance with the terms and conditions of the agreement or invoice.',
39786:'4 payment for materials is subject tothe allowablecost and payment clause of this contract. the contracting officer willdetermineallowablecostsofmaterialsinaccordancewithfar subpart 31.2ineffectonthedateofthiscontract.',
39787:'5 the contractor may include allocable indirect costs and other direct costs to the extent they are i comprised only',
39788:'of costs that are clearly excluded from the hourly rate; ii allocated in accordance with the contractors written or established',
39789:'accounting practices; and iii indirect costs are not applied to subcontracts that are paid at the hourly rates. 6 to',
39790:'the extent able,the contractor shall i obtain materials at the most advantageous prices available with due regard to securing prompt',
39791:'delivery of satisfactory materials; and iitake all cash and trade discounts, rebates,allowances, credits, salvage, commissions, and other benefits. when unable',
39792:'to take advantage of the benefits, thecontractor shall promptlynotify the contractingofficer and givethe reasons. the contractor shall give credit to',
39793:'the government for cash and trade discounts, rebates, scrap, commissions, and other amounts that have accrued to the benefit ofthe',
39794:'contractor, orwould have accrued except for the fault or neglect of the contractor. the contractor shall notdeduct from gross costs',
39795:'thebenefits lost without faultor neglect on thepart of the contractor, or lost through fault of the government. 7 except as',
39796:'provided for in 31.20526e and f, the government will not pay profit or fee to the prime contractor on materials.',
39797:'c if the contractor enters into any subcontract that requires consent under the clause at 52.2442, subcontracts, without obtaining such',
39798:'consent, the government is not required to reimburse the contractor for any costs incurred under the subcontract prior to the',
39799:'date the contractor obtains the required consent. any reimbursement of subcontract costs incurred prior to the date the consent was',
39800:'obtained shall be at the sole discretion of the government. d total cost. it is estimated that the total cost',
39801:'to the government for the performance of this contract shall not exceed the ceiling priceset forthin theschedule, andthe contractor agrees',
39802:'to use its best efforts to perform the work specified in the schedule and all obligations under this contract within',
39803:'such ceiling price. if at any time the contractor has reason to believe that the hourly rate payments and material',
39804:'costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments',
39805:'and costs previously accrued, will exceed 85 percent of the ceiling price in the schedule, the contractor shall notify the',
39806:'contracting officer giving a revised estimate ofthe total price tothe government for performing this contract with supporting reasons and documentation.',
39807:'if at any time during performing this contract, the contractor has reason to believe that the total price to the',
39808:'government for performing this contract will be substantially greater or less than thethen stated ceiling price, the contractor shall so',
39809:'notify the contracting officer, giving a revised estimate of the totalprice for performing this contract, with supporting reasons and documentation.',
39810:'if at any time during performing this contract, the government has reason to believe that the work to be required',
39811:'in performing this contract will be substantially greater or less than the stated ceiling price, the contracting officer will so',
39812:'advisethe contractor, giving thethen revised estimate of the total amount of effort to be required under the contract. e ceiling',
39813:'price. the government will not be obligated to pay the contractor any amount in excess of the ceiling price in',
39814:'the schedule, and the contractor shall not be obligated to continue performance if to do so would exceed the ceiling',
39815:'price set forth in the schedule, unless and untilthe contracting officernotifies thecontractor in writing that the ceilingprice has been increased',
39816:'and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. when',
39817:'and to the extent that the ceiling price set forth in the schedule has been increased, any hours expended and',
39818:'material costs incurred by the contractor in excess of the ceiling price before the increase shall be allowable to the',
39819:'same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.',
39820:'f audit. at any time beforefinal payment under this contract,the contracting officermay request audit ofthe vouchers and supporting documentation. each',
39821:'payment previously made shall be subject to reduction to the extent of amounts, on preceding vouchers,that arefound by the contracting',
39822:'officer or authorized representative not to have been properly payable and shall also be subject to reduction for overpayments or',
39823:'to increase for underpayments. upon receipt and approval of the voucher designated by the contractor as the completion voucher and',
39824:'supporting documentation, and upon compliance by the contractor with all terms of this contract including, without limitation, terms relating to',
39825:'patents and the terms of 52.2371 52.2328 federal acquisition regulation paragraph g of this clause,the government shall promptly pay any',
39826:'balance due the contractor. the completionvoucher, and supporting documentation, shall be submitted by the contractor as promptly as practicable following',
39827:'completion of the work under this contract, but in no eventlater than 120 daysorsuch longer period as the contracting officer',
39828:'mayapprove in writing from the date of completion. g assignment and release of claims. the contractor, and each assignee under',
39829:'an assignmententered intounder this contract and in effect at the time offinal payment under this contract, shall executeand deliver, at',
39830:'the time of and as a condition precedent to finalpayment underthis contract, a release discharging the government, itsofficers, agents, and',
39831:'employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the',
39832:'following exceptions: 1 specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible of exact',
39833:'statement by thecontractor. 2 claims, together with reasonable incidental expenses, based upon the liabilities of the contractor to third parties',
39834:'arising out of performing this contract, that are not known to the contractor on the date of the execution of',
39835:'the release, and of which the contractor gives noticein writing to thecontracting officer not more than 6 years afterthe dateof',
39836:'the release or thedate of any noticeto thecontractor that thegovernmentis prepared tomake final payment, whichever is earlier. 3 claims for',
39837:'reimbursement of costs other than expenses of the contractor by reason of its indemnification of the government against patent liability,',
39838:'including reasonable incidental expenses, incurred by the contractor under the terms of this contract relating to patents. h interim payments',
39839:'on contracts for other than services. 1 interim payments made prior to the final payment under the contract are contract',
39840:'financing payments. contract financing payments are not subject to the interest penalty provisions of the prompt payment act. 2 the',
39841:'designated payment office will make interimpaymentsforcontract financingon the [contracting officer insert day as prescribed by agency head; if not prescribed,',
39842:'insert 30th ] day after the designated billing office receives a proper payment request. in the event that the government',
39843:'requires an audit or other review of a specific payment request to ensure compliancewith the termsand conditions of the contract,',
39844:'the designated payment office is not compelled to make payment by the specified due date. i interim payments on contracts',
39845:'for services. for interim payments made prior to the final payment under this contract, the government will make payment in',
39846:'accordance with the prompt payment act 31 u.s.c. 3903 and prompt payment regulations at 5 cfr part 1315. end of',
39847:'clause 52.2328discounts forprompt payment. as prescribed in 32.111b1, insert the following clause: discounts for prompt payment feb 2002 a discounts',
39848:'for prompt payment will not be consideredin the evaluation of offers. however, anyoffered discount will form apart of theaward, and',
39849:'will be takenif payment is made within the discount period indicatedin the offer by theofferor. asan alternative to offering a',
39850:'discount for prompt payment in conjunction with theoffer, offerors awarded contracts may include discounts for prompt payment on individual invoices.',
39851:'b in connection with any discount offered for promptpayment, timeshallbe computed from the date of theinvoice. if the contractor has',
39852:'not placed a date on the invoice, the due date shall be calculated from the date the designated billing officereceives',
39853:'a proper invoice,providedthe agencyannotates such invoice with the date of receipt at thetime ofreceipt. for the purpose of computing the',
39854:'discount earned, payment shall be considered to have been made on the date that appears on the payment check or,',
39855:'for an electronic funds transfer, the specifiedpayment date. when the discount date falls on a saturday, sunday, or legal holiday',
39856:'when federal government officesare closedandgovernment business is not expected to beconducted, payment may be madeon the following business day. end',
39857:'of clause 52.2372 subpart 52.2 text of provisions and clauses 52.23210 52.2329limitation onwithholding of payments. as prescribed in 32.111b2, insert',
39858:'a clause substantially as follows, appropriately modified with respect to payment due dates in accordance with agency regulations, in solicitations',
39859:'and contracts when a supply contract, service contract, timeand materials contract, laborhour contract, or research and development contract is contemplated',
39860:'that includes two or more terms authorizing the temporary withholding of amounts otherwise payable to the contractor for supplies delivered',
39861:'or services performed: limitation on withholding of payments apr 1984 if more than one clause or schedule term of this',
39862:'contract authorizes the temporary withholding of amounts otherwise payable to the contractor for supplies delivered or services performed, the total',
39863:'of the amounts withheld at any one time shall not exceed the greatest amount that may be withheld under any',
39864:'one clause or schedule term at that time; provided, that this limitation shall not apply to a withholdings pursuant to',
39865:'anyclause relating to wages or hours of employees; b withholdings not specificallyprovided for bythis contract; c the recovery of overpayments;',
39866:'and d any other withholding for which thecontracting officer determines thatthis limitation is inappropriate. end of clause 52.23210 payments under',
39867:'fixedprice architectengineer contracts. as prescribed in 32.111c1, insert the following clause: payments under fixedprice architectengineer contracts apr 2010 a estimates',
39868:'shall be made monthly of the amount and value of the work and services performed by the contractor under this',
39869:'contract which meet the standards of quality established under this contract. the estimates, along with any supporting datarequired by the',
39870:'contracting officer, shall be prepared by thecontractor andsubmitted alongwith its voucher. b afterreceipt of each substantiated voucher, the government shall',
39871:'pay the voucheras approved bythe contracting officer or authorized representative. the contracting officer shall require a withholding from amounts due',
39872:'under paragraph a ofthis clause of up to 10percent only if the contracting officer determines thatsuch a withholding is necessary',
39873:'to protect thegovernment’s interest and ensure satisfactory completion of the contract. the amount withheldshallbe determined based uponthe contractor’sperformance recordunder this',
39874:'contract. whenever the contracting officer determines that the work is substantially complete and that the amount retained is in excess',
39875:'of the amount adequate for the protection of the government, thecontracting officer shall release the excess amount tothe contractor. c',
39876:'upon satisfactory completion by the contractor and final acceptance by the contracting officer of all thework done by the contractor',
39877:'under the statement of architectengineer services, the contractor will be paid the unpaid balance of any money due for work',
39878:'under the statement, including all withheld amounts. d before final payment under the contract, or before settlement upon termination of',
39879:'the contract, and as a condition precedent thereto, the contractorshallexecute anddeliver to thecontracting officer a releaseof all claims against the',
39880:'government arising under or by virtue of this contract, other than any claims that are specifically excepted by the contractor',
39881:'from the operation of the release in amounts stated in the release. e notwithstanding any other provision in this contract,',
39882:'and specifically paragraph b of this clause, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract',
39883:'actions. a contract action is any action resultinginacontract,asdefinedinfar subpart 2.1, including contract modifications for additional supplies or services, but not',
39884:'including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued',
39885:'pursuant to the changes clause, or funding and other administrative changes. end of clause 52.2373 52.23211 federal acquisition regulation 52.23211',
39886:'extras. as prescribed in 32.111c2, insert the following clause, appropriately modified with respect to payment due dates in accordance with',
39887:'agency regulations, in solicitations and contracts when a fixedprice supply contract, fixedprice service contract, or transportation contract is contemplated: extras',
39888:'apr 1984 except as otherwise provided in this contract, no payment for extras shall be made unless such extras and',
39889:'the price therefor have been authorizedin writingby the contracting officer. end of clause 52.23212 advance payments. as prescribed in 32.412a,',
39890:'insert the following clause: advance payments may 2001 a requirements for payment. advance payments will be made under this contract',
39891:'1 upon submission of properly certified invoices orvouchers by the contractor, and approval bythe administeringoffice, [insert the name of the',
39892:'office designated under agency procedures], or 2 under a letter of credit. the amount of the invoice or voucher submitted',
39893:'plus all advance payments previously approved shall not exceed $. if a letter of credit is used, the contractor shall',
39894:'withdraw cash only when needed for disbursements acceptable under this contract and report cash disbursements and balances asrequired by theadministering',
39895:'office. thecontractor shall apply terms similar tothisclause to any advance payments to subcontractors. b special account. until 1 the contractor',
39896:'has liquidated all advance payments made under the contract and related interest charges and2the administeringoffice has approvedin writingthe release of',
39897:'any funds due and payable tothe contractor, all advance payments and other payments under this contract shall be made bycheckpayable',
39898:'to the contractor markedfordeposit only in the contractor’s special account with the [insert the name of the financial institution]. none',
39899:'of the funds in the special account shall be mingled with other funds of the contractor. withdrawals fromthe special accountmay',
39900:'be made only by check of the contractor countersigned by the contractingofficer ora government countersigning agent designated inwriting by thecontracting',
39901:'officer. c use of funds. the contractor may withdraw funds from the special account only to pay for properly allocable,',
39902:'allowable, and reasonable costs for direct materials, directlabor, and indirect costs. otherwithdrawals require approval in writing bythe administering office. determinations',
39903:'of whether costsare properly allocable, allowable, and reasonable shall be in accordance with generally accepted accounting principles, subject to any',
39904:'applicable subparts of part 31 of the federal acquisition regulation. d repayment to the government. at any time, the contractor',
39905:'may repay all or any part of the funds advanced by thegovernment. whenever requested in writing to do so by',
39906:'theadministering office, the contractor shall repay to the government any partof unliquidated advance payments considered by the administering office to',
39907:'exceed the contractor’s current requirements or the amount specified in paragraph a of this clause. if the contractor fails to',
39908:'repay the amount requested by theadministering office, all orany part of the unliquidated advance payments may be withdrawn from the',
39909:'special account by check signed by only the countersigning agent and applied to reduction of the unliquidated advance payments under',
39910:'this contract. e maximum payment. when the sum of all unliquidated advancepayments, unpaid interestcharges, and other payments exceed percent of',
39911:'thecontract price, the government shall withhold further payments to the contractor. on completion or termination of the contract, the government',
39912:'shall deduct from the amount due to the contractor all unliquidated advance payments and all interest charges payable. if previous',
39913:'payments to the contractor exceedthe amountdue,the excess amount shall be paid to the government on demand. for purposes of this',
39914:'paragraph, the contract price shall be considered to be the stated contract price of $, less any subsequent price reductions',
39915:'under the contract, plus 1 any price increases resulting from any terms of this contract for price redetermination or escalation,',
39916:'and 2 any other price increases that do not, in the aggregate, exceed $ [insert an amount not higher than',
39917:'10 percent of the stated contract amount inserted in this paragraph]. any payments withheld under this paragraph shall be applied',
39918:'to reduce the unliquidated advance payments. if full liquidation has been made, payments under the contract shall resume. 52.2374 subpart',
39919:'52.2 text of provisions and clauses 52.23212 f interest. 1 the contractor shall pay interest to the government on the',
39920:'daily unliquidated advance payments at the daily rate specified in paragraph f3 of this clause. interest shall be computed at',
39921:'the end of each calendar month for the actualnumber of daysinvolved. for the purpose ofcomputingthe interest charge i advance payments',
39922:'shall be considered as increasing the unliquidated balance as of the date of the advance payment check; ii repayments by',
39923:'contractor check shall be considered as decreasing the unliquidated balance as of the date on which the check is received',
39924:'by thegovernmentauthority designated by thecontracting officer; and iii liquidations by deductions from government payments to the contractor shall be considered',
39925:'as decreasing the unliquidated balance as of the date of the check for the reduced payment. 2 interestcharges resulting from',
39926:'themonthly computation shall be deducted from payments, other than advance payments, due the contractor. if the accrued interest exceeds the',
39927:'payment due, any excess interest shall be carried forward and deducted from subsequent payments. interest carried forward shall not be',
39928:'compounded. interest on advance payments shall cease to accrue upon satisfactory completion or termination of the contract for the convenience',
39929:'of the government. the contractor shall charge interest on advancepayments to subcontractors in themanner described aboveandcredit the interest to the',
39930:'government. interestneednot be charged on advance paymentsto nonprofit educational or research subcontractors for experimental, developmental, or research work. 3 if',
39931:'interest isrequired under the contract, the contracting officer shall determine a daily interest rate based on the higher of i',
39932:'the published prime rate of the financial institution depository in which the special account is established or ii therate established',
39933:'by the secretaryof the treasury underpub.l.9241 50 u.s.c. app.1215b2. the contracting officer shall revise the daily interest rate during the',
39934:'contract period in keeping with any changes in the cited interest rates. 4 if the full amount of interest charged',
39935:'under this paragraph has not been paid bydeduction or otherwise upon completion or termination of this contract, the contractor shall',
39936:'pay the remaining interest to the government on demand. g financial institution agreement. before an advance payment is made under',
39937:'this contract, the contractor shall transmit to the administering office, inthe form prescribed bythe administering office, an agreement in triplicate',
39938:'fromthe financial institution in which the special account is established, clearly setting forth the special character of the account and',
39939:'the responsibilities of the financial institution under the account. the contractor shall select a financial institution that is a member',
39940:'bank of the federal reserve system, an insured bank within the meaning of the federal deposit insurance corporation act 12',
39941:'u.s.c. 1811, or a credit union insured by the national credit union administration. h lien on special bank account. the',
39942:'government shall have a lien upon any balance in the special account paramount to all other liens. the government lien',
39943:'shall secure the repayment of any advance payments made under this contract and any related interest charges. i lien on',
39944:'property under contract. 1alladvancepaymentsunderthiscontract,togetherwithinterestcharges,shall be secured, when made, by a lien in favor of the government, paramount to all other',
39945:'liens, on the supplies or other things covered by this contract and on material and other property acquired for or',
39946:'allocated to the performance of this contract, except to the extent that the government by virtue of any other terms',
39947:'of this contract, or otherwise, shall have valid title to thesupplies, materials, or other property as against othercreditors of the',
39948:'contractor. 2 the contractor shall identify, bymarking or segregation,allpropertythat is subject toa lien infavor of the government by virtue of',
39949:'any terms of this contract in such a way as to indicate that it is subject to a lien and',
39950:'that it has been acquired for or allocated to performing this contract. if, for any reason, the supplies, materials, or',
39951:'other property are not identified by marking orsegregation, thegovernmentshallbe consideredto have a lien to theextent of the government’s interest under',
39952:'this contract on any mass of property with which the supplies, materials, or other property are commingled. the contractor shall',
39953:'maintain adequate accounting control over the property on its books and records. 3 if, at any time during the progress',
39954:'of the work on the contract, it becomes necessary to deliver to a third person any items or materials on',
39955:'which the government has a lien, the contractor shall notify the third person of the lien and shall obtain from',
39956:'the third person a receipt in duplicate acknowledging the existence of the lien. the contractor shall provide a copy of',
39957:'each receiptto thecontracting officer. 4 if, under the termination clause, the contracting officer authorizes the contractorto sellor retain termination inventory,the',
39958:'approval shall constitute a release of the government’slien to the extent that i the termination inventory is sold or retained;',
39959:'and ii the sale proceeds or retention credits are applied to reduce any outstanding advance payments. j insurance. 1 the',
39960:'contractor shall maintain with responsible insurance carriers i insurance on plant and equipment against fire and other hazards, to the',
39961:'extent that similar properties are usually insured by others operating plants and properties of similar character in the same general',
39962:'locality; 52.2375 52.23212 federal acquisition regulation ii adequate insurance against liability on account of damage to persons or property; and',
39963:'iii adequate insurance under all applicable workers’ compensation laws. 2 until work under this contract has been completed and all',
39964:'advance payments made under the contract have been liquidated, the contractor shall i maintain this insurance; ii maintain adequate insurance',
39965:'on any materials, parts, assemblies, subassemblies, supplies, equipment, and other property acquired for or allocable to this contract and subject',
39966:'to the government lien under paragraph i of this clause; and iii furnish any evidence withrespect to its insurance thatthe',
39967:'administeringoffice may require. k default. 1ifanyofthefollowingeventsoccurs,thegovernmentmay,bywrittennoticetothecontractor,withhold further withdrawals from the special account and further payments on this contract: itermination of',
39968:'this contract for a fault ofthe contractor. iiafinding by the administering office that the contractorhas failed to a observe any',
39969:'of the conditions of the advance payment terms; b comply with any material term of this contract; c make progress',
39970:'or maintain a financial condition adequate for performance of this contract; d limit inventory allocated to this contract to reasonable',
39971:'requirements; or e avoid delinquency inpayment of taxes or ofthe costs of performing this contract in the ordinary course of',
39972:'business. iii the appointment of a trustee, receiver, or liquidator for all ora substantial part of the contractor’s property, or',
39973:'theinstitution of proceedings byor against the contractor for bankruptcy, reorganization, arrangement, orliquidation. iv the service of any writ of attachment,',
39974:'levy of execution, or commencement of garnishment proceedings concerning the special account. v the commissionof an act of bankruptcy. 2',
39975:'if any of the events described in paragraph k1 of this clause continue for 30 days after the written notice',
39976:'to the contractor, the government may takeany of the following additional actions: iwithdraw by checks payable to the treasurer of',
39977:'the united states,signed only by the countersigning agency, all or any part of the balance in the special account and',
39978:'apply the amounts to reduce outstanding advance payments and any other claims of the government against the contractor. iicharge interest,',
39979:'inthe mannerprescribed in paragraph fof this clause, onoutstanding advancepayments during the period of any event described in paragraph k1 of',
39980:'this clause. iii demand immediate repayment by the contractor of the unliquidated balance of advance payments. iv takepossession of and,',
39981:'with or without advertisement, sell at public or private sale all or any part of the property on which the',
39982:'government has a lien under this contract and, after deducting any expenses incident to the sale, apply the net proceeds',
39983:'of the sale to reduce the unliquidated balance of advance payments or other government claims against the contractor. 3 the',
39984:'government may take any of the actions described in paragraphs k1 and 2 of this clause it considers appropriate at',
39985:'its discretion and without limiting any other rights of the government. l prohibition against assignment. notwithstanding any other terms of',
39986:'this contract, the contractor shall not assign this contract, any interesttherein, orany claim under the contract to any party. m',
39987:'information and access to records. thecontractor shall furnish to the administering office 1 monthly or at other intervals as required,',
39988:'signed or certified balance sheets and profit and loss statements together with a report on the operation of the special',
39989:'account in the form prescribed by the administering office;and2if requested, other information concerning theoperation of thecontractor’s business. the contractor shall',
39990:'provide the authorized government representatives proper facilities for inspection ofthe contractor’sbooks, records, and accounts. n other security. the terms of',
39991:'this contract are considered to provide adequate security to the government for advance payments; however, if the administering office considers',
39992:'the securityinadequate, the contractor shall furnish additional security satisfactory tothe administeringoffice, to the extent that the securityis available. o representations.',
39993:'the contractor represents the following: 1 the balance sheet, the profit and loss statement, and any other supporting financial statements',
39994:'furnished to the administering office fairly reflect the financial condition of the contractor atthe dateshown or the period covered, andthere',
39995:'has been no subsequent materially adverse change in the financial condition of the contractor. 2 no litigation or proceedings are',
39996:'presently pending or threatened against the contractor, except as shown in the financial statements. 52.2376 subpart 52.2 text of provisions',
39997:'and clauses 52.23212 3 the contractor has disclosed all contingent liabilities, except for liability resulting from the renegotiation of defense',
39998:'production contracts, in the financial statements furnished to the administering office. 4 none of the terms in this clause conflict',
39999:'with the authority under which the contractor is doing business or with the provisionof any existing indentureor agreement ofthe contractor.',
40000:'5 the contractor has the power to enter into this contract and accept advance payments, and has taken all necessary',
40001:'action to authorize the acceptance under the terms of this contract. 6 the assets of the contractor are not subject',
40002:'to any lien or encumbrance of any character except for current taxes not delinquent, and except as shown in the',
40003:'financial statements furnished bythe contractor. there is nocurrent assignmentof claims underany contractaffected by these advance payment provisions. 7 all information',
40004:'furnishedby the contractor to the administering office in connection with each request for advance payments is true and correct. 8',
40005:'these representations shall be continuing and shall be considered to have been repeated by the submission of each invoice for',
40006:'advance payments. p covenants. to the extentthe government considers it necessary whileany advance payments made under this contract remain outstanding,',
40007:'the contractor, without the priorwritten consent ofthe administering office, shall not 1 mortgage, pledge, or otherwise encumber or allow to',
40008:'be encumbered, any of the assets of the contractor now owned or subsequently acquired, or permit any preexisting mortgages, liens,',
40009:'or other encumbrances to remain on or attach to any assets of the contractor which are allocated to performing this',
40010:'contract and with respect to which the government has a lien under this contract; 2 sell, assign, transfer,or otherwise dispose',
40011:'of accounts receivable, notes, orclaimsformoney due or to becomedue; 3 declare or pay any dividends, except dividends payable in stock',
40012:'of the corporation, or make any other distribution on account of any shares of its capital stock, or purchase, redeem,',
40013:'or otherwise acquire for value any of its stock, except as required bysinkingfund or redemption arrangements reported tothe administeringoffice incident',
40014:'tothe establishmentof these advance payment provisions; 4 sell, convey, or lease all ora substantial part ofits assets; 5 acquire for',
40015:'value the stock orother securitiesof any corporation, municipality, orgovernmental authority, except direct obligations of the united states; 6 makeanyadvance or',
40016:'loanor incur any liability asguarantor, surety, or accommodationendorser for any party; 7 permit a writ of attachment or any similar',
40017:'process to be issued against its property without getting a release or bonding the property within 30 days after the',
40018:'entry of the writ of attachment or other process; 8 pay any remunerationin any form toits directors, officers, orkey employeeshigher',
40019:'than rates provided in existing agreements of whichnotice hasbeengiven to the administering office;accrue excessremuneration without first obtaining an agreement subordinating',
40020:'it to all claims of the government; or employ any person at a rate of compensation over $ ayear; 9',
40021:'change substantially the management, ownership, or control of the corporation; 10 merge or consolidatewith anyother firmor corporation, change the typeof',
40022:'business, or engagein any transaction outside the ordinary course of the contractor’s business aspresentlyconducted; 11 depositanyof its funds except in',
40023:'abank ortrust companyinsuredby the federaldeposit insurance corporation or a credit union insured by the national credit union administration; 12 create',
40024:'or incur indebtedness for advances, other than advances to be made under the terms of this contract, or for borrowings;',
40025:'13 make or covenant for capital expenditures exceeding $ in total; 14 permit its net current assets, computed in accordance',
40026:'with generally accepted accounting principles, to become less than $; or 15 make any payments on account of the obligationslisted',
40027:'below,exceptin themanner and to the extent provided in this contract: [list the pertinent obligations] end of clause alternate i apr',
40028:'1984. if the agency desires to waive the countersignature requirement because ofthe contractor’s financial strength, good performance record, and favorable',
40029:'experience concerning cost disallowances, add the following sentence, if appropriate, to paragraph b of the basic clause: 52.2377 52.23212 federal',
40030:'acquisition regulation however, for this contract, countersignature on behalf of the government will not be required unless it is determined',
40031:'necessaryby the administering office. alternate ii may 2001. if used in a costreimbursement contract, substitute the following paragraphs c and',
40032:'e, and paragraphs f1 and f2 for paragraphs c and e and paragraphs f1 and 2 of the basic clause:',
40033:'c use of funds. the contractor shall withdraw funds from the special account only to pay for allowable costs as',
40034:'prescribed by the clause of this contract. payment for any other types of expenses shall be approved in writing by',
40035:'the administering office. e maximum payment. when the sum of all unliquidated advancepayments, unpaid interestcharges, and other payments equal the',
40036:'total estimated cost of $ not including fixedfee, if any for the work under this contract, the government shall withhold',
40037:'further payments to the contractor. uponcompletion or terminationof the contract, thegovernment shall deduct fromthe amount due to the contractor allunliquidatedadvance',
40038:'payments and interest charges payable. the contractor shall pay any deficiency to the government upon demand. for purposes of this',
40039:'paragraph, the estimated cost shall be considered to be the stated estimated cost, less any subsequent reductions of the estimated',
40040:'cost, plus any increases in the estimated costs that do not, in the aggregate, exceed $ [insert an amount not',
40041:'higher than 10 percent of the stated estimated cost inserted in this paragraph]. the estimated cost shall include, without limitation,',
40042:'any reimbursable cost as estimated by the contracting officerincidentto a termination for the convenience of the government. any payments withheld',
40043:'under this paragraph shall be applied to reduce the unliquidated advance payments. if full liquidation has been made, payments under',
40044:'the contract shall resume. f interest. 1 the contractor shall pay interest to the government on the daily unliquidated advance',
40045:'payments at the daily rate specified in paragraph f3 of this clause. interest shall be computed at the end of',
40046:'each calendar month for the actualnumber of daysinvolved. for the purpose ofcomputingthe interest charge, the following shall be observed: i',
40047:'advance payments shall be considered as increasing the unliquidated balance as of the date of the advance payment check. ii',
40048:'repayments by contractor check shall be considered as decreasing the unliquidated balance as of the date on which the check',
40049:'is received by thegovernmentauthority designated by thecontracting officer. iii liquidations by deductions from payments to the contractor shall be considered',
40050:'as decreasing the unliquidated balance as of the dates on which the contractorpresents to the contracting officer full and accurate',
40051:'data for the preparation of eachvoucher. credits resulting from these deductionsshallbe made uponthe approval of the reimbursement vouchersby thedisbursing officer,',
40052:'basedupon thecontracting officer’s certificationof the applicable dates. 2 interestcharges resulting from themonthly computation shall be deducted from anypayments onaccount ofthe',
40053:'fixedfee due to thecontractor. if the accrued interest exceeds thepayment due, any excess interest shall be carried forward and deducted',
40054:'from subsequent payments of the contract price or fixedfee. interest carried forward shall not be compounded. interest on advance payments',
40055:'shall cease to accrue upon i satisfactory completion or ii termination of the contract for the convenience of the government.',
40056:'the contractor shall charge intereston advance payments to subcontractors in the manner described aboveand credit the interest to the government.',
40057:'interestneednot be charged on advance payments to nonprofit educational or research subcontractors for experimental, developmental, or research work. alternate iii',
40058:'apr 1984. if the agency considers a more rapid liquidation appropriate, add the following sentence as the first sentence of',
40059:'paragraph e of the basic clause with the appropriate percentage specified: to liquidate the principal amount of any advance payment',
40060:'made to the contractor, there shall be deductions of percent from all payments made by the government under the contracts',
40061:'involved. alternate iv apr 1984. if the agency provides advance payments under the contract at no interest to the prime',
40062:'contractor, add the following sentences as thebeginning sentences of paragraph f ofthe clause: no interestshallbe charged to the prime contractor',
40063:'for advance payments except for interest charged during a period of default. the terms of this paragraph concerning interest charges',
40064:'for advance payments shall not apply to the prime contractor. alternate v may 2001. if the requirement for a special',
40065:'account is eliminated in accordance with 32.4093e or g, insert the clause set forth below instead of the basic clause.',
40066:'if this alternate is used in combination with alternate ii, disregard the instructions concerning paragraph c, use of funds, in',
40067:'alternate ii; substitute paragraph e, maximum payment, in alternate ii for paragraph d below; and substitute paragraph f, interest, in',
40068:'alternate ii for paragraph e below and change the reference to paragraph f3 in the first sentence of paragraph f',
40069:'of alternate ii to e3. 52.2378 subpart 52.2 text of provisions and clauses 52.23212 if this alternate is used in',
40070:'combination with alternate iii, insert the additional sentence set forth in alternate iii as the first sentence of paragraph d',
40071:'of this alternate. if this alternate is used in combination with alternate iv, insert the additional sentences set forth in',
40072:'alternate iv as the beginning sentences of paragraph e of this alternate. advance payments without special account may 2001 a',
40073:'requirements for payment. advance payments will be made under this contract 1 upon submission of properly certified invoices orvouchers by',
40074:'the contractor,andapproval by the administering office, [insert the name of the office designated under agency procedures], or 2 under a',
40075:'letter of credit. the amount of the invoice or voucher submitted plus all advance payments previously approved shall not exceed',
40076:'$. if a letter of credit is used, the contractor shall withdraw cash only when needed for disbursements acceptable under',
40077:'this contract and report cash disbursements and balances asrequired by theadministering office. thecontractor shall apply terms similar tothisclause to any',
40078:'advance payments to subcontractors. b use of funds. the contractor may use advance payment funds only to pay for properly',
40079:'allocable, allowable, and reasonable costs for direct materials, direct labor, and indirect costs. determinations of whether costsare properly allocable, allowable,',
40080:'and reasonable shall be in accordance with generally accepted accounting principles, subject to any applicable subparts of part 31 of',
40081:'the federal acquisition regulation. c repayment to the government. at any time, the contractor may repay all or any part',
40082:'of the funds advanced by thegovernment. whenever requested in writing to do so by theadministering office, the contractor shall repay',
40083:'to the government any partof unliquidated advance payments considered by the administering office to exceed the contractors current requirements or',
40084:'the amount specified in paragraph a of this clause. d maximum payment. when the sumof all unliquidated advance payments, unpaidinterest',
40085:'charges, and other payments exceed percentof the contract price, thegovernment shall withholdfurther payments tothe contractor. on completion or termination of',
40086:'the contract, the government shall deduct from the amount due to the contractor all unliquidated advance payments and all interest',
40087:'charges payable. if previous payments to the contractor exceedthe amountdue,the excess amount shall be paid to the government on demand.',
40088:'for purposes of this paragraph, the contract price shall be considered to be the stated contract price of $, less',
40089:'any subsequent price reductions under the contract, plus 1 any price increases resulting from any terms of this contract for',
40090:'price redetermination or escalation, and 2 any other price increases that do not, in the aggregate, exceed $ [insert an',
40091:'amount not higher than 10 percent of the stated contract amount inserted in this paragraph]. any payments withheld under this',
40092:'paragraph shall be applied to reduce the unliquidated advance payments. if full liquidation has been made, payments under the contract',
40093:'shall resume. einterest. 1 the contractor shall pay interest to the government on the daily unliquidated advance payments at the',
40094:'daily rate in paragraph e3 of this clause. interest shall be computed at the end of each calendar month for',
40095:'the actual number ofdays involved. for the purpose of computing theinterest charge i advance payments shall be considered as increasing',
40096:'the unliquidated balance as of the date of the advance payment check; ii repayments by contractor check shall be considered',
40097:'as decreasing the unliquidated balance as of the date on which the check is received by thegovernmentauthority designated by thecontracting',
40098:'officer; and iii liquidations by deductions from government payments to the contractor shall be considered as decreasing the unliquidated balance',
40099:'as of the date of the check for the reduced payment. 2 interestcharges resulting from themonthly computation shall be deducted',
40100:'from payments, other than advance payments, due the contractor. if the accrued interest exceeds the payment due, any excess interest',
40101:'shall be carried forward and deducted from subsequent payments. interest carried forward shall not be compounded. interest on advance payments',
40102:'shall cease to accrue upon satisfactory completion or termination of the contract for the convenience of the government. the contractor',
40103:'shall charge interest on advancepayments to subcontractors in themanner described aboveandcredit the interest to the government. interestneednot be charged on',
40104:'advance paymentsto nonprofit educational or research subcontractors, for experimental, developmental, or research work. 3 if interest isrequired under the contract,',
40105:'the contracting officer shall determine a daily interest rate based on the rateestablished by the secretary of the treasuryunder pub.l.924150',
40106:'u.s.c. app., 1215b2. the contracting officer shall revise the daily interest rate during the contract period in keeping with any',
40107:'changes in the cited interest rate. 4 if the full amount of interest charged under this paragraph has not been',
40108:'paid bydeduction or otherwise upon completion or termination of this contract, the contractor shall pay the remaining interest to the',
40109:'government on demand. 52.2379 52.23212 federal acquisition regulation flien on property under contract. 1 all advance payments under this contract,',
40110:'togetherwith interest charges,shall be secured, when made, by a lien in favor of the government, paramount to all other liens,',
40111:'on the supplies or other things covered by this contract and on all material and other property acquired for or',
40112:'allocated to the performance of this contract, except to the extent that the government by virtue of any other terms',
40113:'of this contract, or otherwise, shall have valid title to thesupplies, materials, or other property as against othercreditors of the',
40114:'contractor. 2 the contractor shall identify, bymarking or segregation,allpropertythat is subject toa lien infavor of the government by virtue of',
40115:'any terms of this contract in such a way as to indicate that it is subject to a lien and',
40116:'that it has been acquired for or allocated to performing this contract. if, for any reason, the supplies, materials, or',
40117:'other property are not identified by marking or segregation, the government shall be considered to have a lien to the',
40118:'extent of the governments interest under this contract on any mass of property with which the supplies, materials, or other',
40119:'property are commingled. the contractor shall maintain adequate accounting control over the property on its books and records. 3 if,',
40120:'at any time during the progress of the work on the contract, it becomes necessary to deliver to a third',
40121:'person any items or materials on which the government has a lien, the contractor shall notify the third person of',
40122:'the lien and shall obtain from the third person a receipt in duplicate acknowledging the existence of the lien. the',
40123:'contractor shall provide a copy of each receiptto thecontracting officer. 4 if, under the termination clause, the contracting officer authorizes',
40124:'the contractor tosell or retain termination inventory,the approval shall constitute a release of the governments lien tothe extent that i',
40125:'the termination inventory is sold or retained; and ii the sale proceeds or retention credits are applied to reduce any',
40126:'outstanding advance payments. ginsurance. 1 the contractor shall maintain with responsible insurance carriers i insurance on plant and equipment against',
40127:'fire and other hazards, to the extent that similar properties are usually insured by others operating plants and properties of',
40128:'similar character in the same general locality; ii adequate insurance against liability on account of damage to persons or property;',
40129:'and iii adequate insurance under all applicable workers compensation laws. 2 until work under this contract has been completed and',
40130:'all advance payments made under the contract have been liquidated, the contractor shall i maintain this insurance; ii maintain adequate',
40131:'insurance on any materials, parts, assemblies, subassemblies, supplies, equipment, and other property acquired for or allocable to this contract and',
40132:'subject to the government lien under paragraph f of this clause; and iii furnish any evidence withrespect to its insurance',
40133:'thatthe administeringoffice may require. h default. 1if any of the following events occur, the government may, bywritten notice to the',
40134:'contractor, withhold further payments on this contract: itermination of this contract for a fault ofthe contractor. iiafinding by the administering',
40135:'office that the contractorhas failed to a observe any of the conditions of the advance payment terms; b comply with',
40136:'any material term of this contract; c make progress or maintain a financial condition adequate for performance of this contract;',
40137:'d limit inventory allocated to this contract to reasonable requirements; or e avoid delinquency inpayment of taxes or ofthe costs',
40138:'of performing this contract in the ordinary course of business. iii the appointment of a trustee, receiver, or liquidator for',
40139:'all ora substantial part of the contractors property, or theinstitution of proceedings byor against the contractor for bankruptcy, reorganization, arrangement,',
40140:'orliquidation. iv the commission of an act of bankruptcy. 2 if any of the events described in paragraph h1 of',
40141:'this clause continue for 30 days after the written notice to the contractor, the government may takeany of the following',
40142:'additional actions: icharge interest, in the manner prescribed inparagraph eof this clause,on outstanding advancepaymentsduring the period of any event described',
40143:'in paragraph h1 of this clause. ii demand immediate repayment by the contractor of the unliquidated balance of advance payments.',
40144:'iii take possession ofand, with orwithout advertisement, sellat public orprivatesale allor any part of the property on which the government',
40145:'has a lien under this contract and, after deducting any expenses incident to the sale, apply the net proceeds of',
40146:'the sale to reduce the unliquidated balance of advance payments or other government claims against the contractor. 52.2380 subpart 52.2',
40147:'text of provisions and clauses 52.23212 3 the government may take any of the actions described in paragraphs h1 and',
40148:'h2 of this clause it considers appropriate at its discretion and without limiting any other rights of the government. i',
40149:'prohibition against assignment. notwithstanding any other terms of this contract, the contractor shall not assign this contract, any interesttherein, orany',
40150:'claim under the contract to any party. j information and access to records. the contractor shall furnishto the administering office',
40151:'1 monthly or at other intervals as required, signed or certified balance sheets and profit and loss statements, and, 2if',
40152:'requested, other information concerning the operation of the contractors business. the contractor shall provide the authorized government representatives proper facilities',
40153:'for inspection of the contractors books, records, and accounts. k other security. the terms of this contract are considered to',
40154:'provide adequate security to the government for advance payments; however, if the administering office considers the securityinadequate, the contractor shall',
40155:'furnish additional security satisfactory tothe administeringoffice, to the extent that the securityis available. l representations. the contractor represents the following:',
40156:'1 the balance sheet, the profit and loss statement, and any other supporting financial statements furnished to the administering office',
40157:'fairly reflect the financial condition of the contractor atthe dateshown or the period covered, andthere has been no subsequent materially',
40158:'adverse change in the financial condition of the contractor. 2 no litigation or proceedings are presently pending or threatened against',
40159:'the contractor, except as shown in the financial statements. 3 the contractor has disclosed all contingent liabilities, except for liability',
40160:'resulting from the renegotiation of defense production contracts, in the financial statements furnished to the administering office. 4 none of',
40161:'the terms in this clause conflict with the authority under which the contractor is doing business or with the provisionof',
40162:'any existing indentureor agreement ofthe contractor. 5 the contractor has the power to enter into this contract and accept advance',
40163:'payments, and has taken all necessary action to authorize the acceptance under the terms of this contract. 6 the assets',
40164:'of the contractor are not subject to any lien or encumbrance of any character except for current taxes not delinquent,',
40165:'and except as shown in the financial statements furnished bythe contractor. there is nocurrent assignmentof claims underany contractaffected by these',
40166:'advance payment provisions. 7 all information furnishedby the contractor to the administering office in connection with each request for advance',
40167:'payments is true and correct. 8 these representations shall be continuing and shall be considered to have been repeated by',
40168:'the submission of each invoice for advance payments. m covenants. to the extentthe government considersitnecessary while any advance payments made',
40169:'under this contract remain outstanding, the contractor, without the priorwritten consent ofthe administering office, shall not 1 mortgage, pledge, or',
40170:'otherwise encumber or allow to be encumbered, any of the assets of the contractor now owned or subsequently acquired, or',
40171:'permit any preexisting mortgages, liens, or other encumbrances to remain on or attach to any assets of the contractor which',
40172:'are allocated to performing this contract and with respect to which the government has a lien under this contract; 2',
40173:'sell, assign, transfer,or otherwise dispose of accounts receivable, notes, orclaimsformoney due or to becomedue; 3 declare or pay any dividends,',
40174:'except dividends payable in stock of the corporation, or make any other distribution on account of any shares of its',
40175:'capital stock, or purchase, redeem, or otherwise acquire for value any of its stock, except as required bysinkingfund or redemption',
40176:'arrangements reported tothe administeringoffice incident tothe establishmentof these advance payment provisions; 4 sell, convey, or lease all ora substantial part',
40177:'ofits assets; 5 acquire for value the stock orother securitiesof any corporation, municipality, orgovernmental authority,except direct obligations of the united',
40178:'states; 6 makeanyadvance or loanor incur any liability asguarantor, surety, or accommodationendorser for any party; 7 permit a writ of',
40179:'attachment or any similar process to be issued against its property without getting a release or bonding the property within',
40180:'30 days after the entry of the writ of attachment or other process; 8 pay any remunerationin any form toits',
40181:'directors, officers, orkey employeeshigher than rates provided in existing agreements of whichnotice hasbeengiven to the administering office, accrue excess remuneration',
40182:'without first obtaining an agreement subordinating it to all claims of the government, or employ any person at a rate',
40183:'of compensation over $ ayear; 9 change substantially the management, ownership, or control of the corporation; 52.2381 52.23213 federal acquisition',
40184:'regulation 10 merge or consolidatewith anyother firmor corporation, change the typeof business, or engagein any transaction outside the ordinary course',
40185:'of the contractor’s business aspresentlyconducted; 11 depositanyof its funds except in abank ortrust companyinsuredby the federaldeposit insurance corporation or a',
40186:'credit union insured by the national credit union administration; 12 create or incur indebtedness for advances, other than advances to',
40187:'be made under the terms of this contract, or for borrowings; 13 make or covenant for capital expenditures exceeding $',
40188:'in total; 14 permit its net current assets, computed in accordance with generally accepted accounting principles, to become less than',
40189:'$; or 15 make any payments on account of the obligationslisted below,exceptin themanner and to the extent provided in this',
40190:'contract: [list the pertinent obligations] 52.23213 noticeof progress payments. as prescribed in 32.5023a, insert the following provision in invitations for',
40191:'bids and requests for proposals that include a progress payments clause: notice of progress payments apr 1984 the need for',
40192:'customary progress payments conforming to the regulations in subpart 32.5 of the federal acquisition regulation far willnot be considered as',
40193:'a handicap or adverse factor in the awardof the contract. the progress payments clause included in this solicitation will be',
40194:'included in any resulting contract, modified or altered if necessary in accordance with subsection 52.23216 and its alternate i of',
40195:'thefar. even though the clauseis included in the contract, theclause shall beinoperative during any time the contractor’s accounting system andcontrolsare',
40196:'determined by the government tobe inadequate for segregation and accumulation of contract costs. end of clause 52.23214 noticeof availability of',
40197:'progresspayments exclusivelyfor small business concerns. as prescribed in 32.5023b2, insert the following provision in invitations for bids if it is',
40198:'anticipated that a both small business concerns and others may submit bids in response to the same invitation and b',
40199:'only the small business bidders would need progress payments: notice of availability of progress payments exclusively for small business concerns',
40200:'apr 1984 the progress payments clause will be available only to small business concerns. any bid conditioned upon inclusion of',
40201:'a progress payment clause in the resulting contract will be rejected as nonresponsive if the bidder is not a small',
40202:'business concern. end of clause 52.23215 progress paymentsnot included. as prescribed in 32.5023c, insert the following provision in invitations for',
40203:'bids if the solicitation will not contain one of the provisions prescribed in 32.5023a and b: progress payments not included',
40204:'apr 1984 a progress payments clause is not included in this solicitation, and will not be added to the resulting',
40205:'contract at the time of award. bids conditioned upon inclusion of a progress payment clause in the resulting contract will',
40206:'be rejected as nonresponsive. end of clause 52.2382 subpart 52.2 text of provisions and clauses 52.23216 52.23216 progress payments. as',
40207:'prescribed in 32.5024a, insert the following clause: progress payments nov 2021 the government will make progress payments to the contractor',
40208:'when requested as work progresses, but not more frequently than monthly, in amounts of $2,500 or more approved by thecontracting',
40209:'officer,under thefollowing conditions: a computation of amounts. 1 unless the contractor requests a smaller amount, the government will compute each',
40210:'progress payment as 80 percent of thecontractor’s total costs incurred under this contract whether or not actually paid, plus financing',
40211:'payments to subcontractors see paragraph j of this clause, less the sum of all previous progress payments made by the',
40212:'government under this contract. the contracting officer will consider cost of money that would be allowable under federalacquisition regulation far31.20510',
40213:'as an incurred cost for progress payment purposes. 2 the amount of financing and other payments for supplies and services',
40214:'purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms',
40215:'of payment, or that are determined due and will be paid to subcontractors i in accordance with the terms and',
40216:'conditions of a subcontract or invoice; and iiordinarily within 30 daysof the submission of the contractor’s payment request tothe government.',
40217:'3 the government will exclude accrued costs of contractor contributions under employee pension plans until actually paid unless ithe contractor’s',
40218:'practice is to make contributionsto the retirement fund quarterly ormorefrequently;and ii the contribution does not remain unpaid 30 days after',
40219:'the end of the applicable quarter or shorter payment period anycontribution remaining unpaid shall beexcluded from the contractor’s total costs',
40220:'for progress payments until paid. 4 the contractor shall not include the following in total costs for progress payment purposes',
40221:'in paragraph a1 of this clause: i costs that are not reasonable, allocable to this contract, and consistent with sound',
40222:'and generally accepted accounting principles and practices. ii costs incurred by subcontractors or suppliers. iii costs ordinarily capitalized and subject',
40223:'to depreciation or amortization except for the properly depreciated or amortized portion of such costs. iv payments made or amounts',
40224:'payable to subcontractors or suppliers, except for a completed work, including partial deliveries, to which the contractor has acquired title;',
40225:'and b work under costreimbursement ortimeandmaterial subcontracts to which the contractor hasacquired title. 5 the amount of unliquidated progress payments',
40226:'may exceed neither i the progress payments made against incomplete work including allowable unliquidated progress payments to subcontractors nor ii',
40227:'the value, for progress payment purposes, of the incomplete work. incomplete work shall be considered to be the supplies and',
40228:'services required by this contract, for which delivery and invoicing by the contractor and acceptance by the government are incomplete.',
40229:'6 the total amount of progress payments shall not exceed 80 percent of the total contract price. 7 if a',
40230:'progress payment or the unliquidated progress payments exceed the amounts permitted by paragraphs a4 or a5 of this clause, the',
40231:'contractor shall repay the amount of such excess to the government on demand. 8 notwithstanding any other terms of the',
40232:'contract, the contractor agrees not to request progress payments in dollar amounts of less than $2,500. the contracting officer may',
40233:'make exceptions. 9 the costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the',
40234:'contract price of the items. b liquidation. except asprovided in thetermination for convenience of the government clause, all progress payments',
40235:'shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress',
40236:'payments, or 80 percent of the amount invoiced, whichever is less. the contractor shall repay to the government any amounts',
40237:'required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced pricesand adjusting the',
40238:'unliquidated progress payments accordingly. the government reservesthe right to unilaterally change from the ordinary liquidation rate to an alternate rate',
40239:'when deemed appropriate for proper contract financing. c reduction or suspension. the contracting officermay reduce or suspend progress payments, increase',
40240:'the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following',
40241:'conditions: 52.2383 52.23216 federal acquisition regulation 1 the contractor failed to comply with any material requirement of this contract which',
40242:'includes paragraphs f and g of this clause. 2 performance ofthiscontract is endangered bythe contractor’s— i failure to make progress;',
40243:'or ii unsatisfactory financial condition. 3 inventory allocated to this contract substantially exceeds reasonable requirements. 4 the contractor is delinquent',
40244:'in payment of the costs of performing this contract in the ordinary course of business. 5 the fair value of',
40245:'the undelivered work is less than the amount of unliquidated progress payments for that work. 6 the contractor is realizing',
40246:'less profit than that reflected in the establishment of any alternate liquidation rate in paragraph b of this clause, and',
40247:'that rate is less than the progress payment rate stated in paragraph a1 of this clause. d title. 1 title',
40248:'to the property described in this paragraph d shall vest inthe government. vestiture shall be immediately upon the date of',
40249:'this contract, for property acquired or produced before that date. otherwise, vestiture shall occur when thepropertyis or should have been',
40250:'allocable orproperlychargeable to this contract. 2 property, as used inthisclause, includes all ofthe belowdescribed items acquired or produced by the',
40251:'contractor that are or should be allocable or properly chargeable to thiscontract under sound and generally accepted accounting principles and',
40252:'practices. i parts, materials, inventories, and work in process; ii special tooling and special test equipment to which the government',
40253:'is to acquire title; iii nondurable i.e., noncapital tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other',
40254:'similar manufacturing aids, title to which would not be obtained as special tooling under paragraph d2ii of this clause; and',
40255:'iv drawings and technical data, to the extent the contractor or subcontractors are required to deliver them to the government',
40256:'by other clauses of this contract. 3 although title to property is in the government under this clause, other applicable',
40257:'clauses of this contract; e.g., the terminationclauses,shalldetermine the handling and disposition ofthe property. 4 the contractor may sell any scrap',
40258:'resulting from production under this contract without requesting the contracting officer’s approval, but the proceeds shall be credited against the',
40259:'costsof performance. 5 to acquire for its own use or dispose of property to which title isvested inthe government under',
40260:'this clause, the contractor must obtainthe contracting officer’s advance approval of the action and the terms. the contractor shall i',
40261:'exclude the allocable costs of the property from the costs of contract performance, and ii repay to the government any',
40262:'amount of unliquidated progress payments allocable tothe property. repaymentmay be by cash or creditmemorandum. 6 when the contractor completes all',
40263:'of the obligations under this contract, including liquidation of all progress payments, title shall vest in the contractor for all',
40264:'property or the proceeds thereof not ideliveredto, and accepted by,the government underthis contract;or iiincorporated in supplies delivered to, and accepted',
40265:'by, the government under this contract and to which title is vested in the government under this clause. 7 the',
40266:'terms of this contract concerning liability for governmentfurnished property shall not apply to property to which the government acquired title',
40267:'solely under this clause. e risk of loss. before delivery to and acceptance by the government, the contractor shall bear',
40268:'the risk of loss for property,the title to which vests in thegovernmentunder this clause, except to the extent thegovernmentexpressly assumes',
40269:'the risk. the contractor shall repay the government an amount equal to the unliquidated progress payments that are based on',
40270:'costs allocable to property that is lost see 45.101. f control of costs and property. the contractor shall maintain an',
40271:'accounting system and controls adequate for the proper administration of this clause. g reports, forms, and access to records. 1',
40272:'the contractor shall promptly furnish reports, certificates, financial statements, and other pertinent informationincluding estimates to complete reasonably requestedby the contracting',
40273:'officer for the administration of this clause. also, the contractor shall give the government reasonable opportunity to examine and verify',
40274:'the contractor’s books,records, and accounts. 2 the contractor shall furnish estimates to complete that have been developed or updated within',
40275:'six months of the dateof the progress payment request. the estimatesto complete shall represent the contractor’s best estimate of total',
40276:'costs to completeall remaining contractwork required under the contract. the estimates shall include sufficient detail to permit government verification. 3',
40277:'each contractor request for progress payment shall: 52.2384 subpart 52.2 text of provisions and clauses 52.23216 ibe submitted on standard',
40278:'form 1443,contractor’s request for progress payment, or theelectronic equivalent as required by agency regulations, in accordance with the form instructions',
40279:'and the contract terms; and iiinclude any additional supporting documentationrequested bythe contracting officer. h special terms regarding default. if this',
40280:'contract is terminated under the default clause, i the contractor shall, on demand, repay to the government the amount ofunliquidatedprogress',
40281:'paymentsand ii title shall vest in the contractor, on full liquidation of progress payments, for all property for which the',
40282:'government elects not to require delivery under the default clause. the government shall be liable for no payment except as',
40283:'provided by the default clause. i reservations of rights. 1 no payment or vesting of title under this clause shall',
40284:'i excuse the contractor from performance of obligations under this contract; or ii constitute a waiver of any of the',
40285:'rights or remedies of the parties under the contract. 2 the government’s rightsandremedies under this clause i shall not be',
40286:'exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract; and',
40287:'iishallnot be affected bydelayed, partial, oromittedexercise of any right, remedy, power, or privilege,nor shall such exercise or any single exercise',
40288:'preclude or impair any further exercise under this clause or the exercise of any other right, power,or privilege of the',
40289:'government. j financing payments to subcontractors. the financing payments to subcontractors mentioned in paragraphs a1 and a2 of this clause',
40290:'shall be all financing payments to subcontractors or divisions, if the following conditions are met: 1 the amounts included are',
40291:'limited to i the unliquidated remainder of financing payments made; plus ii any unpaid subcontractor requests for financing payments. 2',
40292:'the subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work',
40293:'and the first delivery;or, if the subcontractor is asmallbusiness concern, 4 months. 3 if the financing payments are in the',
40294:'form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments iare substantially similar to the',
40295:'termsof this clauseforany subcontractor that isa large business concern, orthis clause with its alternate i for any subcontractor that is',
40296:'a small business concern; ii are at least as favorable to the government as the terms of this clause; iii',
40297:'are not more favorable to the subcontractor or division than the terms of this clause are to the contractor; iv',
40298:'are in conformance with the requirementsof far 32.504e; and v subordinate all subcontractor rights concerning property to which the government',
40299:'has title under the subcontract to the government’s right torequire delivery of the property to thegovernmentif a the contractor defaults;',
40300:'or b the subcontractor becomes bankrupt or insolvent. 4 if the financing payments are in the form of performancebased payments,',
40301:'the terms of the subcontract or interdivisional order concerning payments iare substantially similar to the performancebased payments clause at far',
40302:'52.23232 and meetthe criteria for, anddefinitionof,performancebasedpaymentsinfar part 32; iiare in conformance with therequirements of far 32.504f; and iii subordinate all',
40303:'subcontractor rights concerning property to which the government has title under the subcontract to the government’s rightto require delivery ofthe',
40304:'property tothe government if a the contractor defaults; or b the subcontractor becomes bankrupt or insolvent. 5 if the financing',
40305:'payments are in the form of commercial product or commercial service financing payments, the terms of the subcontract or interdivisional',
40306:'order concerning payments iare constructed in accordance with far 32.206c and included in a subcontract for a commercial product or',
40307:'commercial service purchase that meets the definition and standards for acquisition of commercial products and commercial servicesinfar parts 2 and',
40308:'12; iiare in conformance with therequirements of far 32.504g; and iii subordinate all subcontractor rights concerning property to which the',
40309:'government has title under the subcontract to the government’s rightto require delivery ofthe property tothe government if a the contractor',
40310:'defaults; or b the subcontractor becomes bankrupt or insolvent. 52.2385 52.23216 federal acquisition regulation 6 if financing is in the',
40311:'form of progress payments, the progress payment rate in the subcontract is the customary rate usedby the contractingagency,depending onwhetherthe subcontractor',
40312:'is oris not a small business concern. 7 concerning any proceeds received by the government for property to which title',
40313:'has vested in the government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing',
40314:'any unliquidated financing payments by the government to the contractor under this contract. 8 if no unliquidated financing payments to',
40315:'the contractor remain, but there are unliquidated financing payments that thecontractor has made to any subcontractor,the contractor shall be subrogatedto',
40316:'all therights thegovernmentobtained through the terms required by this clause to be in any subcontract, as if all such rights',
40317:'had been assigned and transferred to thecontractor. 9 to facilitate small businessparticipation insubcontractingunder this contract, the contractor shall provide financing',
40318:'payments to small business concerns, in conformity with the standards for customary contract financing payments stated infar 32.113. the contractor',
40319:'shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts.',
40320:'k limitations on undefinitized contract actions. notwithstanding any other progress payment provisions in this contract, progress payments may not exceed',
40321:'80 percent of costs incurred on work accomplished under undefinitized contract actions. a contract action is any action resulting in',
40322:'a contract, as defined in subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications',
40323:'that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the',
40324:'changes clause, or funding and other administrative changes. this limitation shall apply to the costs incurred, as computed in accordance',
40325:'with paragraph a of this clause, and shall remain in effect until the contract action isdefinitized. costs incurred whichare subjectto',
40326:'this limitationshallbe segregated on contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. for',
40327:'purposes of progress payment liquidation, as described in paragraph b of this clause, progress payments for undefinitized contract actions shall',
40328:'be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as',
40329:'the contract action remains undefinitized. the amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent',
40330:'of the maximum liability of the government under the undefinitized contract action or such lower limit specified elsewhere in the',
40331:'contract. separate limits may be specified for separate actions. l due date. the designated payment office will make progresspayments onthe',
40332:'[contracting officer insert date as prescribed by agency head; if not prescribed, insert 30th] day after the designated billing office',
40333:'receives a proper progress payment request. in the event that the government requires an audit or other review of a',
40334:'specific progress payment request to ensure compliancewith the termsand conditions of the contract, the designated payment office is not compelled',
40335:'to make payment by the specified due date. progress payments are considered contract financing and are not subject to the',
40336:'interest penalty provisions of the prompt payment act. m progress payments under indefinitedelivery contracts. the contractor shall account for and',
40337:'submit progress payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in this',
40338:'contract. end of clause alternate i mar 2000. if the contract is with a small business concern, change each mention',
40339:'of the progress payment and liquidation ratesexcepting paragraph k to the customaryrate of 85 percent for small business concerns see',
40340:'far 32.5011. alternate ii apr 2003. if the contract is a letter contract, add paragraphs n and o. the amount',
40341:'specified in paragraph o shall not exceed 80 percent of the maximum liability of thegovernment under the letter contract. the',
40342:'contractingofficer may specify separate limits for separate parts of the work. n the contracting officer will liquidate progress payments made',
40343:'under this letter contract, unless previouslyliquidated under paragraph b of this clause, using the following procedures: 1 if this letter',
40344:'contract is superseded by a definitive contract, unliquidated progress payments made under this letter contract shall be liquidated by deducting',
40345:'the amount from the first progress or other payments made under the definitive contract. 2 if this letter contract is',
40346:'not superseded by a definitive contract calling for the furnishing of all or part of the articles or services covered',
40347:'under the letter contract, unliquidated progress payments made under the letter contract shall be liquidated by deduction from the amount',
40348:'payableunder thetermination clause. 52.2386 subpart 52.2 text of provisions and clauses 52.23218 3 if this letter contract is partly terminated',
40349:'and partly superseded by a contract, the government will allocate the unliquidated progress payments to the terminated and unterminated portions',
40350:'as the government deems equitable, and will liquidate each portion under the relevant procedure in paragraphs n1 and n2 of',
40351:'this clause. 4 if the method of liquidating progress payments provided in this clause does not result in full liquidation,',
40352:'the contractor shall immediately pay the unliquidated balance to the government on demand. o the amount of unliquidated progress payments',
40353:'shall not exceed [contracting officer specify dollar amount]. alternate iii jun 2020. as prescribed in 32.5024d, add the following paragraph',
40354:'n to the basic clause. if alternate ii is also being used, redesignate the following paragraph as paragraph p: n',
40355:'the provisions of this clause will not be applicable to individual orders at or below the simplified acquisition threshold, as',
40356:'defined in far 2.101 on the date of individual order award. 52.23217 interest. as prescribed in 32.611 a and b,',
40357:'insert the following clause: interest may 2014 a except as otherwise provided in this contract under a price reduction for',
40358:'defective certified cost or pricing data clause or a cost accounting standards clause, all amounts that become payable by the',
40359:'contractor to the government under this contract shall bear simple interest from the date due until paid unless paid within',
40360:'30 days of becoming due. the interest rateshallbe theinterest rate established bythe secretary of the treasury as provided in 41',
40361:'u.s.c. 7109, which is applicable to the period in which the amount becomes due, as provided in paragraph e of',
40362:'this clause, and then at the rate applicable for each sixmonth period as fixed by the secretary until the amount',
40363:'is paid. b the government may issue a demand for payment to the contractor upon finding a debt is due',
40364:'under the contract. c final decisions.the contractingofficer willissue afinal decision as requiredby 33.211 if 1 the contracting officer and the',
40365:'contractor are unable to reach agreement onthe existenceor amount ofa debtin a timely manner; 2 the contractor fails to liquidate',
40366:'adebt previously demanded by the contracting officer within the timeline specified in the demand for payment unless the amounts were',
40367:'not repaid because the contractor has requested an installment payment agreement; or 3 the contractor requests adeferment of collection on',
40368:'a debt previouslydemandedby the contracting officer see 32.6072. d if a demand for payment was previously issued for the debt,',
40369:'the demand for payment included in the final decision shall identify the same due date as the original demand for',
40370:'payment. e amounts shall be due at the earliest of the following dates: 1 the date fixed under this contract.',
40371:'2 the date of the first written demand for payment, including any demand for payment resulting from a default termination.',
40372:'f the interest charge shall be computed for the actual number of calendar daysinvolved beginning on the due date and',
40373:'ending on 1 the date on which the designatedoffice receives payment from the contractor; 2 the date of issuance of',
40374:'a government check to the contractor from which an amount otherwise payable has been withheld as a credit against the',
40375:'contract debt; or 3 the date on which an amount withheld and applied to the contract debt would otherwise have',
40376:'become payable to thecontractor. g the interest charge made under this clause may be reducedunder theprocedures prescribed in 32.6082 of',
40377:'the federal acquisition regulationin effect on the date of this contract. end of clause 52.23218 availability of funds. as prescribed',
40378:'in 32.7061a, insert the following clause: 52.2387 52.23219 federal acquisition regulation availability of funds apr 1984 funds are not presently',
40379:'available for thiscontract. the government’s obligationunder this contract is contingentupon the availability of appropriated funds from which payment for contract',
40380:'purposes can be made. no legal liability on the part of the government for any payment may arise until funds',
40381:'are made available to the contracting officer for thiscontract and until thecontractor receives notice of such availability, to be confirmed',
40382:'in writing by the contracting officer. end of clause 52.23219 availability of fundsfor thenext fiscal year. as prescribed in 32.7061b,',
40383:'insert the following clause: availability of funds for the next fiscal year apr 1984 funds are not presently available for',
40384:'performance under this contract beyond . the government’s obligation for performance of this contract beyond that date is contingent upon',
40385:'the availability of appropriated funds from which payment for contract purposes can be made. no legal liability on the part',
40386:'of the government for any payment may arise for performance under this contract beyond , untilfundsare made available to the',
40387:'contracting officer for performance and untilthe contractor receives notice of availability, to be confirmed in writing by the contracting officer.',
40388:'end of clause 52.23220 limitation of cost. as prescribed in 32.7062a, insert the following clause. the 60day period may be',
40389:'varied from 30 to 90 days and the 75 percent from75 to 85percent. task order or other appropriate designation may',
40390:'be substituted for schedule whereverthat word appears in the clause: limitation of cost apr 1984 a the parties estimate that',
40391:'performance of this contract, exclusive of any fee, will not cost the government more than 1 theestimated cost specified in',
40392:'thescheduleor, 2if this isa costsharing contract, the government’s share of the estimated cost specified in the schedule. the contractor agrees',
40393:'to use itsbest efforts to perform the work specifiedin the schedule and all obligations under this contract within the estimated',
40394:'cost, which, if this is a costsharing contract, includes both the government’s and the contractor’s share ofthe cost. b the',
40395:'contractor shall notify the contracting officer inwriting whenever it has reason to believe that 1 the costs the contractor expects',
40396:'to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75',
40397:'percent of the estimated cost specified in the schedule; or 2 the total cost for the performance of this contract,',
40398:'exclusive of any fee, will be either greater or substantially less than had been previously estimated. c as part of',
40399:'the notification, thecontractor shall provide the contracting officer a revised estimate of the total cost of performing this contract. d',
40400:'except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause',
40401:'1 the government is not obligated to reimburse the contractor for costs incurred in excess of i the estimated cost',
40402:'specified in the schedule or, iiif thisis acostsharing contract, theestimated cost to the government specifiedin the schedule; and 2 the',
40403:'contractor is not obligated to continue performance under this contract including actions under the terminationclause ofthis contract orotherwise incur costs',
40404:'in excess of the estimated cost specifiedin theschedule, until the contracting officeri notifiesthe contractor in writing that the estimatedcost has',
40405:'been increased and ii providesa revised estimated total cost of performing this contract. if this is a costsharing contract, the',
40406:'increase shall be allocated in accordance with the formula specified in the schedule. e no notice, communication, or representation in',
40407:'any form other than that specified in paragraph d2 of this clause, or from any person other than the contractingofficer,',
40408:'shall affect this contract’s estimatedcost to thegovernment. in the absence of the specified notice, the government is not obligated to',
40409:'reimburse the contractor for any costs in excess of the 52.2388 subpart 52.2 text of provisions and clauses 52.23222 estimated',
40410:'cost or, if this isa costsharing contract, for any costs in excess of theestimated cost to the government specifiedin the',
40411:'schedule, whether those excess costs were incurred during the course of the contract or as a result of termination. f',
40412:'if the estimated cost specified in the schedule is increased, any costs the contractor incurs before the increase that are',
40413:'in excess of the previously estimated cost shall be allowable to the same extent as if incurred afterward, unless the',
40414:'contracting officerissues a terminationor other notice directingthat the increase is solely to cover termination or other specified expenses. g change',
40415:'orders shall not be considered an authorization to exceed the estimated cost to the government specified in the schedule, unless',
40416:'they contain a statement increasing the estimated cost. h if this contract is terminated or the estimated cost is not',
40417:'increased, the government and the contractor shall negotiate an equitable distribution of all property produced or purchased under the contract,',
40418:'based upon the share of costs incurred by each. end of clause 52.23221 [reserved] 52.23222 limitation of funds. as prescribed',
40419:'in 32.7062b, insert the following clause. the 60day period may be varied from 30 to 90 days and the 75',
40420:'percent from75 to 85percent. task order or other appropriate designation may be substituted for schedule whereverthat word appears in the',
40421:'clause: limitation of funds apr 1984 a the parties estimate that performance of this contract will not cost the government',
40422:'more than 1 the estimated cost specified in the schedule or, 2if this is a costsharing contract, the government’s share',
40423:'ofthe estimated cost specified in theschedule. the contractoragrees touse its best efforts to perform theworkspecified in the schedule and all',
40424:'obligations underthis contractwithin theestimated cost, which, if this is a costsharing contract,includes both the government’s and the contractor’sshare of the',
40425:'cost. b the schedule specifies the amount presently available for payment by the government and allotted to this contract, theitems',
40426:'covered, the government’s shareof the cost if this is a costsharing contract,andthe period of performance it is estimated theallotted amountwill',
40427:'cover. the parties contemplate that the government willallot additional funds incrementally to the contract up to the full estimated cost',
40428:'to the government specified in the schedule, exclusive of any fee. the contractor agrees to perform, or have performed, work',
40429:'on the contract up to the point at which the total amount paid and payable by the government under the',
40430:'contract approximates but does not exceed the total amount actually allotted by the government to the contract. c thecontractor shall',
40431:'notify the contractingofficer in writing wheneverithas reasonto believe that the costs it expects to incur under this contract in the',
40432:'next 60 days, when added to all costs previously incurred, will exceed 75 percent of 1 the total amount so',
40433:'farallotted to the contract by the governmentor, 2if this isa costsharing contract, the amount then allotted to the contract by',
40434:'the government plus the contractor’s corresponding share. the noticeshallstate the estimated amountof additional funds required to continue performance for the',
40435:'period specified in the schedule. d sixtydays before the endof the period specified in the schedule, thecontractor shall notify thecontracting',
40436:'officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contractor',
40437:'for any further period specified in the schedule or otherwise agreed upon, and when the funds will be required. e',
40438:'if, after notification, additional funds are not allotted by the end of the period specified in the schedule or another',
40439:'agreedupon date, upon the contractor’s writtenrequest the contracting officer will terminate this contract on that date in accordance with theprovisions',
40440:'of the termination clause of this contract. if the contractor estimatesthat thefundsavailable will allow it to continue to discharge itsobligations',
40441:'beyond that date, it may specify a later date in its request,andthe contracting officermay terminate this contract on that later',
40442:'date. f except as required by other provisions of this contract, specifically citing and stated to be an exception to',
40443:'this clause 1 the government is not obligated to reimburse the contractor for costs incurred in excess of the total',
40444:'amount allotted by the government to this contract; and 2 the contractor is not obligated to continue performance under this',
40445:'contract including actions under the terminationclause ofthis contract orotherwise incur costs in excess of52.2 389 52.23223 federal acquisition regulation i',
40446:'the amount then allotted to the contract by the government or; iiif this is a costsharing contract,the amount then allotted',
40447:'by the government tothe contract plusthe contractor’s corresponding share, until the contractingofficer notifies the contractor inwriting thatthe amountallotted by the',
40448:'government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the government',
40449:'to this contract. g the estimated cost shall be increased to theextent that 1 the amount allotted by the government',
40450:'or, 2if this is a costsharing contract, the amount thenallotted by thegovernment to the contractplus the contractor’s corresponding share, exceeds',
40451:'the estimated cost specified in the schedule. if this is a costsharing contract, the increase shall be allocated in accordance',
40452:'with the formula specified in the schedule. h no notice, communication, or representation in any form other than that specified',
40453:'in paragraph f2 of this clause, or from any person other than the contractingofficer, shall affect the amount allotted by',
40454:'the governmentto this contract. in the absence of the specified notice, the government is not obligated to reimburse the contractor',
40455:'for any costs in excess of the total amount allotted by the government to this contract, whether incurred during the',
40456:'course of the contract or as a result of termination. i when and to the extent that the amount allotted',
40457:'by the government to the contract is increased, any costs the contractor incurs before the increase that are in excess',
40458:'of 1 the amount previously allotted by the government or; 2 if this is a costsharing contract, the amount previously',
40459:'allotted by the government to the contract plus the contractor’scorresponding share, shall be allowable tothe same extent as if incurred',
40460:'afterward, unless the contracting officer issuesa termination or other notice and directs that the increase is solely to cover termination',
40461:'or other specified expenses. j change orders shall not be considered an authorization to exceed the amount allotted by the',
40462:'government specified in the schedule, unless they contain a statement increasing the amount allotted. k nothing inthisclause shall affect therightof',
40463:'the government to terminate this contract. if this contract is terminated, the government and the contractor shall negotiate an equitable',
40464:'distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each. lif',
40465:'the government does not allot sufficientfundsto allow completion of the work, the contractor isentitled to a percentage of the fee',
40466:'specified in the schedule equalling the percentage of completion of the work contemplated by this contract. end of clause 52.23223',
40467:'assignment of claims. as prescribed in 32.806a1, insert the following clause: assignment of claimsmay 2014 a thecontractor, under the assignmentof',
40468:'claims act, as amended, 31 u.s.c.3727, 41 u.s.c.6305 hereafter referred to as the act, may assign its rights to be',
40469:'paid amounts due or to become due as a result of the performance of this contract to a bank, trust',
40470:'company, or otherfinancing institution, including anyfederal lendingagency. the assignee under such an assignment may thereafter further assign or reassign its',
40471:'right under the original assignment to any type of financing institution described in the preceding sentence. b any assignment or',
40472:'reassignment authorized under the act and this clause shall cover all unpaid amounts payable under this contract, and shall not',
40473:'bemade to more than one party, except that an assignment orreassignmentmay be made to one party as agent or trustee',
40474:'for two or more parties participating in the financing of this contract. c the contractor shall not furnish or disclose',
40475:'to any assignee under this contract any classified document including this contract or information related towork under this contract untilthe',
40476:'contracting officerauthorizes such action in writing. end of clause alternate i apr 1984. if a nosetoff commitment is to be',
40477:'included in the contract see 32.801 and 32.803d, add the following sentence at the end of paragraph a of the',
40478:'basic clause: 52.2390 subpart 52.2 text of provisions and clauses 52.23225 unless otherwise stated in this contract, payments to an',
40479:'assignee of any amounts due or to become due under this contract shall not, to the extent specified in the',
40480:'act,be subjectto reduction or setoff. 52.23224 prohibitionof assignment of claims. as prescribed in 32.806b, insert the following clause: prohibition of',
40481:'assignment of claims may 2014 the assignment of claims under the assignment of claims act of 1940 31 u.s.c.3727, 41',
40482:'u.s.c. 6305 is prohibited for this contract. end of clause 52.23225 prompt payment. as prescribed in 32.908c, insert the following',
40483:'clause: prompt payment jan 2017 notwithstanding any other payment clause in this contract, the government will make invoice payments under',
40484:'the terms and conditions specified in this clause. the government considers payment as being made on the day a check',
40485:'is dated or the date of an electronic funds transfer eft. definitions of pertinent terms are set forth in sections',
40486:'2.101, 32.001, and 32.902 of the federal acquisition regulation. all days referred to in this clause are calendar days, unless',
40487:'otherwise specified. however, seeparagraph a4 of this clause concerningpayments dueon saturdays, sundays, and legal holidays. a invoice payments1 due date.',
40488:'i except as indicated in paragraphs a2 and c of this clause, the due date for making invoicepayments bythe designated',
40489:'payment office is the later ofthe following two events: athe 30 thday after thedesignated billingoffice receives a proper invoice from',
40490:'thecontractor except as provided in paragraph a1ii of this clause. b the 30 thday after government acceptance of supplies delivered',
40491:'or services performed. for a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed',
40492:'to occur onthe effective date of the contract settlement. iiif the designated billing office fails toannotate the invoicewith the actual',
40493:'date of receipt at thetime of receipt, theinvoice payment due date is the 30 thday afterthe date of the contractor’s',
40494:'invoice, provided the designatedbilling officereceives a proper invoice and there is nodisagreement over quantity, quality,or contractor compliance with contract requirements.',
40495:'2 certain food products and other payments. i due dates on contractor invoices for meat, meat food products, or fish;',
40496:'perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are',
40497:'a for meat or meat food products, as defined in section 2a3 of the packers and stockyard act of1921 7',
40498:'u.s.c. 1823, and as further defined in pub.l.98181, including any edible fresh or frozen poultry meat, any perishable poultry meat',
40499:'food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7',
40500:'thday after productdelivery. b for fresh or frozen fish, as defined in section 2043 of the fish and seafood promotion',
40501:'act of1986 16 u.s.c. 40033, as close as possibleto, but notlater than, the7 thday after product delivery. c for perishable',
40502:'agricultural commodities, as defined in section 14 of the perishable agricultural commodities act of1930 7 u.s.c. 499a4,as closeas possible to,',
40503:'but not later than, the 10thday after product delivery, unless another date is specified in the contract. dfor dairy products,as',
40504:'defined in section 111eof the dairy production stabilization act of1983 7 u.s.c. 4502e, edible fats or oils, and food products',
40505:'prepared from edible fats or oils, as close as possible to, but not later than, the 10 thday after the',
40506:'date on which a proper invoice has been received. liquid milk, cheese, certain processed cheese products, butter,yogurt, icecream, mayonnaise, saladdressings,',
40507:'and other similar products, fall within this classification. nothingin the act limits this classification to refrigerated products. when questions arise',
40508:'regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due',
40509:'date. the burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon',
40510:'the contractor making the representation. 52.2391 52.23225 federal acquisition regulation ii if the contract does not require submission of an',
40511:'invoice for payment e.g., periodic lease payments, the due date will be as specified in the contract. 3 contractors invoice.',
40512:'the contractor shall prepareand submit invoices to thedesignated billingoffice specified in the contract. a proper invoice must include the items',
40513:'listed in paragraphs a3i through a3x of this clause. if the invoice does not comply with these requirements, the designatedbilling',
40514:'office will return it within7 daysafter receipt 3 days for meat, meat food products, or fish; 5 days for perishable',
40515:'agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils, with the reasons',
40516:'why it is not a proper invoice. the government will take into account untimely notification whencomputingany interest penalty owedthe contractor.',
40517:'iname and address of thecontractor. iiinvoice dateandinvoice number. the contractor should date invoices asclose aspossible to the date of the',
40518:'mailing or transmission. iii contract number or other authorization for supplies delivered or services performed including order number and line',
40519:'item number. iv description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. v',
40520:'shipping and payment terms e.g., shipment number and date of shipment, discount for prompt payment terms. bill of lading number',
40521:'and weight of shipment will be shown for shipments on government bills of lading. vi name and address of contractorofficial',
40522:'to whom payment isto besentmust be the same as thatin thecontract or in a proper notice of assignment. vii name',
40523:'where practicable, title, phonenumber, and mailing address of person to notifyin theevent of a defective invoice. viii taxpayer identification number',
40524:'tin. the contractor shall includeits tinon the invoice only ifrequired elsewhere in this contract. ix electronic funds transfer eft banking',
40525:'information. a the contractor shall include eft banking information on the invoice only if required elsewhere in this contract. b',
40526:'if eft banking information is not required to be on the invoice, in order for the invoice to be a',
40527:'proper invoice, the contractor shall have submitted correct eft banking information in accordance with the applicable solicitation provision e.g., 52.23238,',
40528:'submission of electronic funds transfer information with offer, contract clausee.g., 52.23233, payment by electronic funds transfersystemforawardmanagement, or 52.23234, payment by',
40529:'electronic fundstransfer otherthan system for award management, orapplicable agency procedures. c eft banking information is not required if the government',
40530:'waived the requirement to pay byeft. x any other information or documentation required by the contract e.g., evidence of shipment.',
40531:'4 interest penalty. the designated payment office will pay aninterest penalty automatically, withoutrequest from thecontractor, ifpayment is not made by',
40532:'the duedate and theconditions listed in paragraphs a4i through a4iii of this clause are met, if applicable. however,when the due',
40533:'date falls on a saturday, sunday, or legal holiday, the designated paymentoffice may make payment on the following workingday without',
40534:'incurring a latepayment interest penalty. ithe designatedbilling office received aproper invoice. ii the government processed a receiving report or other',
40535:'government documentation authorizing payment, and there wasno disagreement over quantity, quality, or contractor compliance with any contract term or condition.',
40536:'iii in the case of a final invoice for any balance of funds due the contractor for supplies delivered or',
40537:'services performed,the amount was not subject to further contract settlement actions between the government and the contractor. 5 computing penalty',
40538:'amount.the government will computethe interest penalty in accordance with the officeof management and budget prompt payment regulations at 5 cfr',
40539:'part 1315. ifor thesolepurpose of computing an interestpenalty that might be duethe contractor, government acceptance is deemed to occur constructively',
40540:'on the 7 thday unless otherwise specified in this contract after the contractor delivers the supplies or performs the services',
40541:'in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality,or contractor compliance',
40542:'with a contractprovision. if actualacceptance occurs within theconstructive acceptance period, the government will base the determination of an interest penalty',
40543:'on the actual date of acceptance. the constructive acceptance requirement does not, however, compel government officials toaccept suppliesor services,perform contract',
40544:'administration functions, or make payment prior to fulfilling their responsibilities. ii the prompt payment regulations at 5 cfr1315.10c do not',
40545:'require the government to pay interest penalties if payment delays are due to disagreement between the government and the contractor',
40546:'over the payment amount or other 52.2392 subpart 52.2 text of provisions and clauses 52.23225 issues involving contract compliance, or',
40547:'on amounts temporarily withheld or retained in accordance with the terms of the contract. the government and the contractor shall',
40548:'resolve claims involving disputes and any interest that may be payable in accordance with theclause at far 52.2331, disputes. 6',
40549:'discounts for prompt payment. the designated payment office will payan interest penaltyautomatically, without request from thecontractor, ifthe government takes a',
40550:'discount for prompt payment improperly. the government will calculate the interest penalty in accordance with the prompt payment regulations at',
40551:'5 cfr part 1315. 7additionalinterestpenalty. ithedesignatedpaymentofficewillpayapenaltyamount,calculatedinaccordance with the prompt payment regulations at 5 cfr part 1315 in addition to the',
40552:'interest penalty amount only if a the government owes an interest penalty of $1 or more; b the designated paymentoffice',
40553:'does not pay the interest penalty within 10days after the date the invoice amount is paid; and c the contractor',
40554:'makesa written demand to the designated payment office for additional penaltypayment, in accordance with paragraph a7ii of this clause, postmarked',
40555:'not later than 40 days after the invoice amount is paid. ii a the contractor shall support written demands for',
40556:'additional penalty payments with the following data. the government will not request any additional data. the contractor shall 1 specifically',
40557:'assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest',
40558:'penalty and such additional penalty as may be required; 2 attach a copy of the invoice on which the unpaid',
40559:'late payment interest is due; and 3 state that payment of the principal has been received, including the date of',
40560:'receipt. b if there is no postmark or the postmark is illegible 1 the designated payment office that receives thedemand',
40561:'will annotate it with the date of receipt, provided the demand is received on or before the 40th day after',
40562:'payment was made; or 2 if the designated payment office fails to make the required annotation, the government will determine',
40563:'the demand’s validity basedon the date the contractor has placed on thedemand, provided such dateis no later than the 40th',
40564:'day after payment was made. iii the additional penalty does not apply to payments regulated by other government regulations e.g.,',
40565:'payments underutility contracts subject totariffs and regulation. b contract financing payment. if this contract provides for contract financing, the government',
40566:'will make contract financing payments in accordance with the applicable contract financing clause. c fast payment procedure due dates. if',
40567:'this contract contains the clause at 52.2131, fast payment procedure, payments will be made within 15 days after the date',
40568:'of receipt of the invoice. d overpayments. if the contractor becomes aware of a duplicate contract financing or invoice payment',
40569:'or that the government has otherwise overpaid on a contract financing or invoice payment, the contractor shall 1 remit the',
40570:'overpayment amount to the payment office cited in the contract along with a description of the overpayment including the i',
40571:'circumstances of the overpayment e.g., duplicate payment, erroneous payment, liquidation errors, dates of overpayment; iiaffected contract number and delivery order',
40572:'number if applicable; iii affected line item or subline item,if applicable; and iv contractor point of contact. 2 provide a',
40573:'copyof the remittance and supporting documentation tothe contracting officer. end of clause alternate i feb 2002. as prescribed in 32.908c3,',
40574:'add the following paragraph e to the basic clause: e invoices for interim payments. for interim payments under this costreimbursement',
40575:'contract for services 1 paragraphs a2, a3, a4ii, a4iii, and a5i do not apply; 2 for purposes of computing late',
40576:'payment interest penaltiesthat may apply, the due date for payment isthe 30 thday after the designated billing office receives a',
40577:'proper invoice;and 3 the contractorshallsubmit invoices for interimpayments in accordance with paragraph a of far 52.2167, allowable cost and payment.',
40578:'if the invoice does not comply with contract requirements, it will be returned within 7 days after the date the',
40579:'designatedbilling office received the invoice. 52.2393 52.23226 federal acquisition regulation 52.23226 prompt payment for fixedprice architectengineercontracts. as prescribed in 32.908a,',
40580:'insert the following clause: prompt payment for fixedprice architectengineer contractsjan 2017 notwithstanding any other payment terms in this contract, the',
40581:'government will make invoice payments under the terms and conditions specified in this clause. the government considers payment as being',
40582:'made on the day a check is dated or the dateof an electronic funds transfer. definitions of pertinent terms are',
40583:'set forth in sections 2.101, 32.001, and 32.902 of the federalacquisition regulation. all days referred to in this clause are',
40584:'calendar days, unless otherwisespecified. however, see paragraph a3 of this clause concerning payments due on saturdays, sundays, and legal holidays.',
40585:'a invoice payments1 due date. the due date for making invoice payments is ifor work or services completed by thecontractor,',
40586:'the later of the following two events: athe 30th day after thedesignated billingoffice receives a proper invoice from thecontractor except',
40587:'as provided in paragraph a1iii of this clause. b the 30th day after governmentacceptance of the work or services completed',
40588:'by the contractor. for a final invoice, when the payment amount is subject to contract settlement actions e.g., release of',
40589:'claims, acceptance is deemed to occur on theeffective date ofthe settlement. ii the due date for progress payments is the',
40590:'30 thday after government approval of contractor estimates of work or services accomplished. iii if thedesignated billingoffice fails toannotate the',
40591:'invoice or payment request withthe actual date of receipt at the time of receipt, the payment due date is the',
40592:'30 thday after the date of thecontractor’s invoice or payment request, provided thedesignated billingoffice receives a proper invoice or payment',
40593:'request and there is no disagreementover quantity, quality, or contractor compliance with contract requirements. 2 contractors invoice. the contractor shall',
40594:'prepareand submit invoices to thedesignated billingoffice specified in the contract. a proper invoice must include the items listed in paragraphs',
40595:'a2i through a2x of this clause. if the invoice does not comply with these requirements, the designatedbilling office will return',
40596:'it within7 daysafter receipt, with thereasons whyitis not a proper invoice. when computing anyinterest penalty owed the contractor, the government',
40597:'will takeinto accountif the government notifies the contractorof an improper invoice in an untimely manner. iname and address of thecontractor.',
40598:'iiinvoice dateandinvoice number. the contractor should date invoices asclose aspossible to the date of mailing or transmission. iii contract number',
40599:'or other authorization for work or services performed including order number and line item number. iv description of work or',
40600:'services performed. v delivery and payment terms e.g., discount for prompt payment terms. vi name and address of contractorofficial to',
40601:'whom payment isto besentmust be the same as thatin thecontract or in a proper notice of assignment. vii name where',
40602:'practicable, title, phonenumber, and mailing address of person to notifyin theevent of a defective invoice. viii taxpayer identification number tin.',
40603:'the contractor shall includeits tinon the invoice only ifrequired elsewhere in this contract. ix electronic funds transfer eft banking information.',
40604:'a the contractor shall include eft banking information on the invoice only if required elsewhere in this contract. b if',
40605:'eft banking information is not required to be on the invoice, in order for the invoice to be a proper',
40606:'invoice, the contractor shall have submitted correct eft banking information in accordance with the applicable solicitation provision e.g., 52.23238, submission',
40607:'of electronic funds transfer information with offer, contract clausee.g., 52.23233, payment by electronic funds transfersystemforawardmanagement, or 52.23234, payment by electronic',
40608:'fundstransfer otherthan system for award management, orapplicable agency procedures. c eft banking information is not required if the government waived',
40609:'the requirement to pay byeft. x any other information or documentation required by the contract. 3 interest penalty. the designated',
40610:'payment office will pay aninterest penalty automatically, withoutrequest from thecontractor, ifpayment is not made by the duedate and theconditions listed',
40611:'in paragraphs a3i through a3iii of 52.2394 subpart 52.2 text of provisions and clauses 52.23226 this clause are met, if',
40612:'applicable. however,when the due date falls on a saturday, sunday, or legal holiday, the designated paymentoffice may make payment on',
40613:'the following workingday without incurring a latepayment interest penalty. ithe designatedbilling office received aproper invoice. ii the government processed a',
40614:'receiving report or other government documentation authorizing payment and there wasno disagreement over quantity, quality, contractor compliance with any contract',
40615:'term or condition,or requested progress payment amount. iii in the case of a final invoice for any balance of funds',
40616:'due the contractor for work or services performed, the amount was not subject to further contract settlement actions between the',
40617:'government and the contractor. 4 computing penalty amount.the government will computethe interest penalty in accordance with the officeof management and',
40618:'budget prompt payment regulations at 5 cfr part 1315. ifor thesolepurpose of computing an interestpenalty that might be duethe contractor,',
40619:'government acceptance or approval is deemed to occur constructively as shown in paragraphs a4ia and b of this clause. if',
40620:'actual acceptance or approval occurs within the constructive acceptance or approval period, the government will base the determination of an',
40621:'interest penalty on the actual date of acceptance or approval. constructive acceptance or constructive approval requirements do notapply if there',
40622:'isa disagreement over quantity, quality, contractor compliancewith a contract provision, orrequested progress payment amounts. these requirementsalso donot compel government officials',
40623:'to acceptwork or services, approve contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities. afor',
40624:'work orservices completed by thecontractor, government acceptance is deemed to occur constructively on the 7 thday after the contractor completes',
40625:'the work or services in accordance with the terms and conditions of the contract. b for progress payments, government approval',
40626:'is deemed to occur on the 7th day after the designated billing officereceives the contractor estimates. ii the prompt payment',
40627:'regulations at 5 cfr 1315.10c do not require the government to pay interest penalties if payment delays are due to',
40628:'disagreement between the government and the contractor over the payment amount or other issues involving contract compliance, or on amounts',
40629:'temporarily withheld or retained in accordance with the terms of the contract. the government and the contractor shall resolve claims',
40630:'involving disputes, and any interest that may be payable in accordance with theclause at far 52.2331, disputes. 5 discounts for',
40631:'prompt payment. the designated payment office will payan interest penaltyautomatically, without request from thecontractor, ifthe government takes a discount for',
40632:'prompt payment improperly. the government will calculate the interest penalty in accordance with 5 cfr part 1315. 6additionalinterestpenalty. ithedesignatedpaymentofficewillpayapenaltyamount,calculatedinaccordance with',
40633:'the prompt payment regulations at 5 cfr part 1315, in addition to the interest penalty amount only if a the',
40634:'government owes an interest penalty of $1 or more; b the designated paymentoffice does not pay the interest penalty within',
40635:'10days after the date the invoice amount is paid; and c the contractor makes a written demand to the designatedpayment',
40636:'officeforadditional penalty payment, in accordance with paragraph a6ii of this clause, postmarked not later than 40 days after the date',
40637:'the invoice amount is paid. ii a the contractor shall support written demands for additional penalty payments with the following',
40638:'data. the government will not request any additional data. the contractor shall 1 specifically assert that late payment interest is',
40639:'due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as',
40640:'may be required; 2 attach a copy of the invoice on which the unpaid late payment interest is due; and',
40641:'3 state that payment of the principal has been received, including the date of receipt. b if there is no',
40642:'postmark or the postmark is illegible 1 the designated payment office that receives thedemand will annotate it with the date',
40643:'of receipt, provided the demand is received on or before the 40 thday after payment was made; or 2 if',
40644:'the designated payment office fails to make the required annotation, the government will determine the demand’s validity basedon the date',
40645:'the contractor has placed on thedemand, provided such dateis no later than the 40thday after payment was made. iii the',
40646:'additional penalty does not apply to payments regulated by other government regulations e.g., payments underutility contracts subject totariffs and regulation.',
40647:'52.2395 52.23227 federal acquisition regulation b contract financing payments. if this contract provides for contract financing, the government will make',
40648:'contract financing payments in accordance with the applicable contract financing clause. c overpayments. if the contractor becomes aware of a',
40649:'duplicate contract financing or invoice payment or that the government has otherwise overpaid on a contract financing or invoice payment,',
40650:'the contractor shall 1 remit the overpayment amount to the payment office cited in the contract along with a description',
40651:'of the overpayment including the i circumstances of the overpayment e.g., duplicate payment, erroneous payment, liquidation errors, dates of overpayment;',
40652:'iiaffected contract number and delivery order number if applicable; iii affected line item or subline item,if applicable; and iv contractor',
40653:'point of contact. 2 provide a copyof the remittance and supporting documentation tothe contracting officer. end of clause 52.23227 prompt',
40654:'payment for construction contracts. as prescribed in 32.908b, insert the following clause: prompt payment for construction contracts jan 2017 notwithstanding',
40655:'any other payment terms in this contract, the government will make invoice payments under the terms and conditions specified in',
40656:'this clause. the government considers payment as being made on the day a check is dated or the dateof an',
40657:'electronic funds transfer. definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the federalacquisition regulation.',
40658:'all days referred to in this clause are calendar days, unless otherwisespecified. however, see paragraph a3 concerning payments due on',
40659:'saturdays, sundays, and legal holidays. a invoice payments1 types of invoice payments. for purposes of this clause, there are several',
40660:'types of invoice payments that may occur under this contract, as follows: iprogress payments, if providedforelsewhere in this contract,based on',
40661:'contracting officerapproval of the estimated amount and value of work or services performed, including payments for reaching milestones in any',
40662:'project. athe due date for making such payments is 14 days afterthe designated billing officereceives a proper paymentrequest. if thedesignated',
40663:'billingoffice fails toannotate the payment requestwith the actual date of receipt at thetime ofreceipt,the paymentduedate is the 14 thday after',
40664:'thedate of the contractor’s payment request, provided the designated billing officereceives a proper payment request and there is no disagreement',
40665:'over quantity, quality,or contractor compliance with contract requirements. b the due date for payment of anyamountsretained bythe contracting officerin accordance',
40666:'with theclause at 52.2325, payments under fixedprice construction contracts, is as specifiedin the contractor, if not specified, 30 days after',
40667:'approval by the contracting officer for release to the contractor. ii final payments based on completion and acceptance of all',
40668:'work and presentation of release of all claims against the government arising by virtue of the contract, and payments for',
40669:'partial deliveries that have been accepted by the government e.g., each separate building, public work, or other division of the',
40670:'contract for which the price is stated separately in the contract. a the due date for making such payments is',
40671:'the later of the following two events: 1 the 30thday afterthe designated billing officereceives a proper invoice fromthe contractor. 2',
40672:'the 30thday aftergovernment acceptance ofthe work or services completed by thecontractor. for a final invoice when the payment amount is',
40673:'subject to contract settlement actions e.g., release of claims, acceptance is deemed to occur on theeffective date ofthe contract settlement.',
40674:'b if the designatedbilling office fails to annotatethe invoice with the date of actual receiptat the timeof receipt, theinvoice payment',
40675:'due date is the 30 thday afterthe date of the contractor’s invoice, provided the designatedbilling officereceives a proper invoice and',
40676:'there is nodisagreement over quantity, quality,or contractor compliance with contract requirements. 2 contractors invoice. the contractor shall prepareand submit invoices',
40677:'to thedesignated billingoffice specified in the contract. a proper invoice must include the items listed in paragraphs a2i through a2xi',
40678:'of this clause. if the invoice does not comply with these requirements, the designatedbilling office must returnitwithin 7days after receipt,',
40679:'with 52.2396 subpart 52.2 text of provisions and clauses 52.23227 thereasons whyitis not a proper invoice. when computing anyinterest penalty',
40680:'owed the contractor, the government will takeinto accountif the government notifies the contractorof an improper invoice in an untimely manner.',
40681:'iname and address of thecontractor. iiinvoice dateandinvoice number. the contractor should date invoices asclose aspossible to the date of mailing',
40682:'or transmission. iii contract number or other authorization for work or services performed including order number and line item number.',
40683:'iv description of work or services performed. v delivery and payment terms e.g., discount for prompt payment terms. vi name',
40684:'and address of contractorofficial to whom payment isto besentmust be the same as thatin thecontract or in a proper notice',
40685:'of assignment. vii name where practicable, title, phonenumber, and mailing address of person to notifyin theevent of a defective invoice.',
40686:'viii for payments described in paragraph a1i of this clause, substantiation of the amounts requested and certification in accordance with',
40687:'the requirements of the clause at 52.2325, payments under fixedprice construction contracts. ix taxpayeridentification numbertin. the contractorshallinclude its tin onthe',
40688:'invoice only if required elsewhere in this contract. x electronic funds transfer eft banking information. a the contractor shall include',
40689:'eft banking information on the invoice only if required elsewhere in this contract. b if eft banking information is not',
40690:'required to be on the invoice, in order for the invoice to be a proper invoice, the contractor shall have',
40691:'submitted correct eft banking information in accordance with the applicable solicitation provision e.g., 52.23238, submission of electronic funds transfer information',
40692:'with offer, contract clausee.g., 52.23233, payment by electronic funds transfersystemforawardmanagement, or 52.23234, payment by electronic fundstransfer otherthan system for award',
40693:'management, orapplicable agency procedures. c eft banking information is not required if the government waived the requirement to pay byeft.',
40694:'xi any other information or documentation required by the contract. 3 interest penalty. the designated payment office will pay aninterest',
40695:'penalty automatically, withoutrequest from thecontractor, ifpayment is not made by the duedate and theconditions listed in paragraphs a3i through a3iii',
40696:'of this clause are met, if applicable. however,when the due date falls on a saturday, sunday, or legal holiday, the',
40697:'designated paymentoffice may make payment on the following workingday without incurring a latepayment interest penalty. ithe designatedbilling office received aproper',
40698:'invoice. ii the government processed a receiving report or other government documentation authorizing payment and there wasno disagreement over quantity,',
40699:'quality, contractor compliance with any contract term or condition,or requested progress payment amount. iii in the case of a final',
40700:'invoice for any balance of funds due the contractor for work or services performed, the amount was not subject to',
40701:'further contract settlement actions between the government and the contractor. 4 computing penalty amount.the government will computethe interest penalty in',
40702:'accordance with the officeof management and budget prompt payment regulations at 5 cfr part 1315. i for the sole purpose',
40703:'of computing an interest penalty that might be due the contractor for payments described in paragraph a1ii of this clause,',
40704:'government acceptance or approval is deemed to occur constructively on the 7 thday after the contractor has completed the work',
40705:'or services in accordance with the terms and conditions of the contract. if actual acceptance or approval occurs within the',
40706:'constructive acceptance or approval period, the government will base the determination of an interest penalty on the actual date of',
40707:'acceptance or approval. constructive acceptance or constructive approval requirements do not apply ifthere is a disagreement over quantity, quality, or',
40708:'contractor compliance with a contract provision. these requirements also donot compelgovernment officials to acceptworkor services,approve contractor estimates, perform contract administration',
40709:'functions, or make payment prior to fulfilling their responsibilities. ii the prompt payment regulations at 5 cfr1315.10c do not require',
40710:'the government to pay interest penalties if payment delays are due to disagreement between the government and the contractor over',
40711:'the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the',
40712:'terms of the contract. the government and the contractor shall resolve claims involving disputes, and any interest that may be',
40713:'payable in accordance with theclause at far 52.2331, disputes. 52.2397 52.23227 federal acquisition regulation 5 discounts for prompt payment. the',
40714:'designated payment office will payan interest penaltyautomatically, without request from thecontractor, ifthe government takes a discount for prompt payment improperly.',
40715:'the government will calculate the interest penalty in accordance with the prompt payment regulations at 5 cfr part 1315. 6additionalinterestpenalty.',
40716:'ithedesignatedpaymentofficewillpayapenaltyamount,calculatedinaccordance with the prompt payment regulations at 5 cfr part 1315 in addition to the interest penalty amount only if',
40717:'a the government owes an interest penalty of $1 or more; b the designated paymentoffice does not pay the interest',
40718:'penalty within 10days after the date the invoice amount is paid; and c the contractor makesa written demand to the',
40719:'designated payment office for additional penaltypayment, in accordance with paragraph a6ii of this clause, postmarked not later than 40 days',
40720:'after the date the invoice amount is paid. ii a the contractor shall support written demands for additional penalty payments',
40721:'with the following data. the government will not request any additional data. the contractor shall 1 specifically assert that late',
40722:'payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such',
40723:'additional penalty as may be required; 2 attach a copy of the invoice on which the unpaid late payment interest',
40724:'was due; and 3 state that payment of the principal has been received, including the date of receipt. b if',
40725:'there is no postmark or the postmark is illegible 1 the designated payment office that receives thedemand will annotate it',
40726:'with the date of receipt provided the demand is received on or before the 40 thday after payment was made;',
40727:'or 2 if the designated payment office fails to make the required annotation, the government will determine the demand’s validity',
40728:'basedon the date the contractor has placed on thedemand, provided such dateis no later than the 40thday after payment was',
40729:'made. b contract financing payments. if this contract provides for contract financing, the government will make contract financing payments in',
40730:'accordance with the applicable contract financing clause. c subcontract clause requirements. the contractor shall include in each subcontract for property',
40731:'or services including a material supplier for the purpose of performing this contract the following: 1 prompt payment for subcontractors.',
40732:'a payment clause that obligates the contractor to pay the subcontractor for satisfactory performance under its subcontract not later than',
40733:'7 days from receipt of payment out of such amounts as are paid to the contractor under this contract. 2',
40734:'interest for subcontractors. an interest penalty clause that obligates the contractor to pay to the subcontractor an interest penalty for',
40735:'each payment not made in accordance with the payment clause i for the period beginning on the day after the',
40736:'required payment date and ending on the date on which payment of the amount due is made; and iicomputed at',
40737:'the rate of interest established by thesecretaryof the treasury, and published in the federal register, for interest payments under 41',
40738:'u.s.c. 7109 in effectat the timethe contractor accrues the obligation to pay an interest penalty. 3 subcontractor clause flowdown. a',
40739:'clause requiring each subcontractor to i include a payment clause and an interest penalty clause conforming to the standards set',
40740:'forth in paragraphs c1 and c2 of this clause in each of its subcontracts; and ii require each of its',
40741:'subcontractors to include such clauses in their subcontracts with each lowertier subcontractor or supplier. d subcontract clause interpretation. the clauses',
40742:'required by paragraph c of this clause shall not be construed to impair the right of the contractor or a',
40743:'subcontractor at any tier to negotiate, and to include in their subcontract, provisions that 1 retainage permitted. permit the contractor',
40744:'or a subcontractor to retain without cause a specified percentage of each progress payment otherwise due to a subcontractor for',
40745:'satisfactory performance under the subcontract without incurring any obligationto pay a late payment interest penalty, in accordance with terms and',
40746:'conditionsagreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of',
40747:'a subcontractor to furnish a performance bond and a payment bond; 2 withholding permitted. permit the contractor or subcontractor to',
40748:'make a determination that part or all of the subcontractor’s request for paymentmay be withheld in accordance with the subcontract',
40749:'agreement; and 3 withholding requirements. permit such withholding without incurring any obligation to pay a late payment penalty if52.2 398',
40750:'subpart 52.2 text of provisions and clauses 52.23227 i a notice conforming to the standards of paragraph g of this',
40751:'clause previously has been furnished to the subcontractor; and iithe contractor furnishes to the contracting officer a copy of any',
40752:'notice issued bya contractor pursuant to paragraph d3i of this clause. e subcontractor withholding procedures.if acontractor, after making arequest for',
40753:'payment to the government but beforemaking a payment to a subcontractor for the subcontractor’s performance covered by the payment request,',
40754:'discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor',
40755:'in accordance with the subcontract agreement, then the contractor shall 1 subcontractor notice. furnish to the subcontractor a notice conforming',
40756:'to the standards of paragraph g of this clause as soon as practicable upon ascertaining the cause giving rise to',
40757:'a withholding, but prior to the due date for subcontractor payment; 2 contracting officer notice. furnish to the contracting officer,',
40758:'assoon as practicable,a copy of the notice furnished to the subcontractor pursuant to paragraph e1 of this clause; 3 subcontractor',
40759:'progress payment reduction. reduce the subcontractor’s progress payment byan amountnot to exceed the amount specified in the notice of withholding',
40760:'furnished under paragraph e1 of this clause; 4 subsequent subcontractor payment. pay the subcontractor as soon as practicable after the',
40761:'correction of the identified subcontract performance deficiency, and i make such payment within a sevendays after correction of the identified',
40762:'subcontract performance deficiency unless the funds therefor must be recovered from the government because of a reduction under paragraph e5i',
40763:'of this clause; or b sevendays after the contractor recovers such funds from the government; or ii incur an obligation',
40764:'to pay a late payment interest penalty computed at the rate of interest established by the secretary of the treasury,',
40765:'and published inthe federal register, for interest payments under 41 u.s.c. 7109in effect at the time the contractor accrues the',
40766:'obligation to pay an interest penalty; 5 notice to contracting officer. notifythe contracting officerupon i reduction of the amount of',
40767:'any subsequent certified application for payment; or ii payment to the subcontractor of any withheld amounts of a progress payment,',
40768:'specifying a the amounts withheld under paragraph e1 of this clause; and b the dates that such withholding began and',
40769:'ended; and 6 interest to government. be obligated to pay to the government an amount equal to interest on the',
40770:'withheld payments computed in the manner provided in 31 u.s.c. 3903c1, from the 8 thday after receipt of the withheld',
40771:'amounts from the government until i the day the identified subcontractor performance deficiency is corrected; or ii the date that',
40772:'any subsequent payment is reduced under paragraph e5i of this clause. f thirdparty deficiency reports1 withholding from subcontractor. if a',
40773:'contractor, aftermaking payment to a firsttiersubcontractor, receivesfrom a supplier or subcontractor ofthe firsttiersubcontractorhereafter referred to as a secondtier subcontractor a',
40774:'written notice in accordance with 40 u.s.c. 3133, asserting a deficiency in such first tier subcontractor’s performance under the contract',
40775:'for which thecontractor maybe ultimately liable,and the contractor determines that all or a portion of future payments otherwise due such',
40776:'firsttier subcontractor is subject to withholding in accordance with thesubcontract agreement, the contractor may, withoutincurring an obligationto pay aninterest penalty',
40777:'under paragraph e6 of this clause i furnish to the firsttier subcontractor a notice conforming to the standards of paragraph',
40778:'g of this clause as soon as practicable upon making such determination; and iiwithholdfrom the firsttier subcontractor’s next available progress',
40779:'payment or payments an amount not to exceed the amount specified in the notice of withholding furnished under paragraph f1i',
40780:'of this clause. 2 subsequent payment or interest charge. as soon as practicable, but not later than 7 days after',
40781:'receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the contractor shall i pay the',
40782:'amount withheld under paragraph f1ii of this clause to such firsttier subcontractor; or ii incur an obligation to pay a',
40783:'late payment interest penalty to such firsttier subcontractor computed at the rate of interest establishedby the secretary ofthe treasury, and',
40784:'published in the federal register, for interest payments under 41 u.s.c. 7109 ineffect at thetime the contractoraccrues the obligation to',
40785:'pay an interestpenalty. g written notice of subcontractor withholding. the contractor shall issue a written notice of any withholding to',
40786:'a subcontractor with a copy furnishedto the contractingofficer, specifying52.2 399 52.23228 federal acquisition regulation 1 the amount to be withheld;',
40787:'2 the specific causes for the withholding under the terms of the subcontract; and 3 the remedial actions to be',
40788:'taken by the subcontractor in order to receive payment of the amounts withheld. h subcontractor payment entitlement. the contractor may',
40789:'not request payment from the government of any amount withheld or retained in accordance with paragraph d of this clause',
40790:'until such time as the contractor has determined and certified to the contracting officer that the subcontractor is entitled to',
40791:'thepayment of such amount. i primesubcontractor disputes. a dispute between the contractor and subcontractor relating to the amount or entitlement',
40792:'of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant',
40793:'to paragraph c ofthis clause does not constitutea dispute to whichthe government isa party. the government may not be interpleaded',
40794:'in any judicial or administrative proceeding involving such a dispute. j preservation of primesubcontractor rights. except as provided in paragraph',
40795:'i of this clause, this clause shall not limit or impair any contractual, administrative, or judicial remedies otherwise available to',
40796:'the contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by the contractor or',
40797:'deficient subcontract performance or nonperformanceby asubcontractor. k nonrecourse for prime contractor interest penalty. the contractor’s obligation to pay an interest',
40798:'penalty toa subcontractor pursuant to the clauses included in a subcontract under paragraph c of this clause shall not be',
40799:'construed to bean obligation ofthe government for such interest penalty. a costreimbursement claim maynot includeany amount for reimbursement ofsuch interest',
40800:'penalty. l overpayments. if the contractor becomes aware of a duplicate contract financing or invoice payment or that the government',
40801:'has otherwise overpaid on a contract financing or invoice payment, the contractor shall 1 remit the overpayment amount to the',
40802:'payment office cited in the contract along with a description of the overpayment including the i circumstances of the overpayment',
40803:'e.g., duplicate payment, erroneous payment, liquidation errors, dates of overpayment; iiaffected contract number and delivery order number if applicable; iii',
40804:'affected line item or subline item,if applicable; and iv contractor point of contact. 2 provide a copyof the remittance and',
40805:'supporting documentation tothe contracting officer. end of clause 52.23228 invitation to propose performancebased payments. as prescribed in 32.1005b1, insert the',
40806:'following provision: invitation to propose performancebased payments mar 2000 a thegovernment invites the offerorto propose terms under which the government',
40807:'will make performancebased contract financing payments during contract performance. the government will consider performancebased payment financing terms proposed bythe offerorin',
40808:'the evaluation of the offeror’s proposal. the contracting officer will incorporate thefinancing termsof the successful offeror and thefarclause, performancebased payments,',
40809:'atfar 52.23232, in any resulting contract. b in the event of any conflict between the terms proposed by theofferor and',
40810:'the termsin theclause at far 52.23232, performancebased payments, the terms of the clauseat far 52.23232 shall govern. c thecontracting officer',
40811:'will notaccept the offeror’sproposed performancebased payment financing if thefinancing does not conform to the following limitations: 1 the government will',
40812:'make delivery payments only for supplies delivered and accepted, or services rendered and accepted in accordance with the payment terms',
40813:'of this contract. 2 the terms and conditions of the performancebased payments must icomply withfar 32.1004; iibe reasonableand consistent with',
40814:'all other technical and cost information includedin the offeror’s proposal; and iii their total shall not exceed 90 percent of',
40815:'the contract price if on a whole contract basis, or 90 percent of the delivery item price if on a',
40816:'delivery item basis. 3 the terms and conditions of the performancebased financing must be in the best interests of the',
40817:'government. 52.2400 subpart 52.2 text of provisions and clauses 52.23229 d the offeror’sproposal ofperformancebased payment financing shall include the following:',
40818:'1 the proposedcontractual language describing theperformancebased payments see far 32.1004 for appropriate criteria for establishing performance bases and performancebased finance',
40819:'payment amounts. 2 a listing of i the projected performancebased payment dates and the projected payment amounts; and ii the',
40820:'projected delivery date and the projected payment amount. 3 information addressing the contractor’s investment in the contract. e evaluation of',
40821:'theofferor’s proposed pricesand financing terms will include whether the offeror’sproposed performancebased payment events and payment amounts are reasonable and consistent',
40822:'with all other terms and conditions of theofferor’s proposal. end of provision alternate i mar 2000. as prescribed in far',
40823:'32.1005 b2, add the following paragraph f to the basic provision: f the government will adjust each proposed price to',
40824:'reflect the cost of providing the proposed performancebased payments to determine the total cost to the government of that particular',
40825:'combination of price and performancebased financing. the governmentwill make the adjustment using the procedure described in far 32.205c. 52.23229 termsfor',
40826:'financing of purchases of commercial productsand commercial services. as prescribed in 32.206b2, insert the following clause: terms for financing of',
40827:'purchases of commercial products and commercial services nov 2021 a contractor entitlement to financing payments. the contractor may request, and',
40828:'the government shall pay, a contract financing payment as specified elsewhere in this contract when: the payment requested is properly',
40829:'due in accordance with this contract; the supplies deliverable or services due under the contract will be delivered or performed',
40830:'in accordance with the contract; and there has been no impairment or diminution ofthe government’s security underthiscontract. b special terms',
40831:'regarding termination for cause. if this contract is terminated for cause, the contractor shall, on demand, repay to the government',
40832:'the amount of unliquidated contract financing payments. the government shall be liable for no paymentexceptas provided by the termination for',
40833:'cause paragraph of theclause at federalacquisition regulation far 52.2124, contract termsandconditions—commercialproducts and commercial services. c security for government financing. in',
40834:'the event the contractorfails to provideadequate security, as required in this contract, no financing payment shall be made under this',
40835:'contract. upon receiptof adequate security, financingpayments shall be made, including all previous payments to which the contractor is entitled, in',
40836:'accordance with the terms of the provisions for contract financing. if at any time the contracting officer determines thatthe security',
40837:'provided by the contractor is insufficient, the contractor shall promptly provide suchadditional securityas the contracting officer determines necessary. in the',
40838:'event the contractor fails to provide such additional security, the contractingofficer may collect or liquidate such security that has been',
40839:'provided and suspend further payments to the contractor; and the contractor shall repay to the government the amount ofunliquidatedfinancing payments',
40840:'as the contracting officer at his solediscretion deems repayable. d reservation of rights. 1 no payment or other action by',
40841:'the government under this clause shall i excuse the contractor from performance of obligations under this contract; or ii constitute',
40842:'a waiver of any of the rights or remedies of the parties under the contract. 2 the government’s rightsandremedies under',
40843:'this clause i shall not be exclusive, but rather shall be in addition to any other rights and remedies provided',
40844:'by law or this contract; and iishallnot be affected bydelayed, partial, oromittedexercise of any right, remedy, power, or privilege,nor shall',
40845:'such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any',
40846:'other right, power,or privilege of the government. e content of contractors request for financing payment. thecontractor’s request for financingpayment shall',
40847:'contain the following: 1 the name and address of the contractor; 2 the date of the request for financing payment;',
40848:'3 the contract number and/or other identifier of the contract or order under which the request is made; and 52.2401',
40849:'52.23230 federal acquisition regulation 4 an appropriately itemized and totaled statement of the financing payments requested and such other information',
40850:'as is necessary for computation of thepayment, prepared inaccordance withthe direction of the contracting officer. f limitation on frequency of',
40851:'financing payments. contractor financing payments shall be provided no more frequently than monthly. g dates for payment. a payment under',
40852:'this clause is a contract financing payment and not subject to the interest penalty provisions of the prompt payment act.',
40853:'the designated payment office will pay approved payment requests within 30 days of submittal of a proper request for payment.',
40854:'h conflict between terms of offeror and clause. in the event of any conflict between the terms proposed by theofferor',
40855:'in response toan invitation to propose financing terms far 52.23231 and the terms in this clause, the terms of this',
40856:'clause shall govern. end of clause 52.23230 installment payments for commercial products and commercial services. as prescribed in 32.206g, insert',
40857:'the following clause: installment payments for commercial products and commercial services nov 2021 a contractor entitlement to financing payments. the',
40858:'contractor may request, and the government shall pay, a contract financing installment payment as specified in this contract when: the',
40859:'payment requested is properly due in accordance with this contract; the supplies deliverable or services due under the contract will',
40860:'be delivered or performed in accordance with the contract; and there has been no impairment or diminution ofthe government’s security',
40861:'underthiscontract. b computation of amounts. installment payment financing shall be paid to the contractor when requested for each separately priced',
40862:'unit of supply but not for servicesof each line item in amounts approved by the contracting officer pursuant to this',
40863:'clause. 1 number of installment payments for each line item. each separately priced unit of each line item is authorized',
40864:'a fixed number of monthly installment payments. the number of installment payments authorized for each unit of a line item',
40865:'is equal to the number of months from the date of contract award to the date onemonth before the first',
40866:'delivery of the first separately priced unit of the line item. for example, if the first scheduled delivery of any',
40867:'separately priced unit of a line item is 9 months after award of the contract, all separately priced units of',
40868:'that line item are authorized 8 installment payments. 2 amount of each installment payment. the amount of each installment payment',
40869:'for each separately priced unit of each line item is equal to 70 percent of the unit price divided by',
40870:'the number of installment payments authorized for that unit. 3 date of each installment payment. installment payments for any particular',
40871:'separately priced unit of a line item begin the number of months prior to the delivery of that unit that',
40872:'are equal to the number of installment payments authorized for that unit. for example, if 8 installment payments are authorized',
40873:'for each separately priced unit of a line item, the first installment payment for any particular unit of that line',
40874:'item would be 8 months before the scheduled delivery date for that unit. the last installment payment would be 1',
40875:'month before scheduled delivery of a unit. 4 limitation on payment. prior to the delivery payment for a separately priced',
40876:'unit of a line item, the sum of all installment payments for that unit shall not exceed 70 percent of',
40877:'the price of that unit. c contractor request for installment payment. the contractor may submit requests for payment of installment',
40878:'payments not more frequently than monthly, in a form andmanner acceptable to the contracting officer. unless otherwise authorized by the',
40879:'contractingofficer, all installment payments in any monthforwhich payment is beingrequested shall be included in a single request, appropriately itemized and',
40880:'totaled. d dates for payment. an installment payment under this clause is a contract financing payment under the prompt payment',
40881:'clause of this contract, and except as provided in paragraph e of this clause, approved requests shall be paid within',
40882:'30 days of submittal of a proper request for payment. e liquidation of installment payments. installment payments shall be liquidated',
40883:'by deducting from the delivery payment of each item the total unliquidated amount of installment payments made for that separately',
40884:'priced unit of that line item. the liquidation amounts for each unit of each line item shall be clearly delineated',
40885:'in each request for delivery payment submitted by the contractor. f security for installment payment financing. in the event the',
40886:'contractor fails to provide adequate security as required in this contract, no financing payment shall be made under this contract.',
40887:'uponreceipt of adequatesecurity, financingpayments shall be made, including all previous payments to which the contractor is entitled, in accordance with',
40888:'the terms of the 52.2402 subpart 52.2 text of provisions and clauses 52.23231 contract. if at any time the contracting',
40889:'officer determines that the security provided by the contractoris insufficient, the contractor shall promptly provide such additionalsecurity as thecontracting officer',
40890:'determines necessary. in the event the contractor fails toprovide such additional security, the contracting officer may collector liquidate such securitythat',
40891:'has been provided, and suspend further payments to the contractor; the contractor shall repay to the government the amount of',
40892:'unliquidated financing payments as the contracting officer at his sole discretion deems repayable. g special terms regarding termination for cause.',
40893:'if this contract is terminated for cause, the contractor shall, on demand, repay to the government the amount of unliquidated',
40894:'installment payments. the government shall be liable for no payment except as provided by the termination for causeparagraph ofthe clause',
40895:'at federal acquisition regulation 52.2124, contractterms and conditions—commercial products and commercial services. h reservation of rights. 1 no payment, vesting',
40896:'of title under this clause, or other action taken by the government under this clause shall i excuse the contractor',
40897:'from performance of obligations under this contract; or ii constitute a waiver of any of the rights or remedies of',
40898:'the parties under the contract. 2 the government’s rightsandremedies under this clause i shall not be exclusive, but rather shall',
40899:'be in addition to any other rights and remedies provided by law or this contract; and iishallnot be affected bydelayed,',
40900:'partial, oromittedexercise of any right, remedy, power, or privilege,nor shall such exercise or any single exercise preclude or impair any',
40901:'further exercise under this clause or the exercise of any other right, power,or privilege of the government. i content of',
40902:'contractors request for installment payment. the contractor’s request for installmentpayment shall contain the following: 1 the name and address of',
40903:'the contractor; 2 the date of the request for installment payment; 3 the contract number and/or other identifier of the',
40904:'contract or order under which the request is made; and 4 an itemized and totaled statement of the items, installment',
40905:'payment amount, and month for which payment is being requested, for each separately priced unit of each line item. end',
40906:'of clause 52.23231 invitation to propose financing terms. as prescribed in 32.205b and 32.206, insert the following provision: invitation to',
40907:'propose financing terms dec 2022 a theofferor isinvitedto propose terms under which the government shall make contract financing payments during',
40908:'contract performance. thefinancing termsproposed by the offeror shall be a factor in the evaluation of the offeror’s proposal. the financing',
40909:'terms of thesuccessfulofferor and the clause, terms for financing of purchases of commercial products andcommercial services, at federalacquisition regulation far',
40910:'52.23229, shall be incorporated in any resulting contract. b the offeror agrees that inthe event of any conflict betweenthe terms',
40911:'proposed by the offeror and the terms in the clause at far 52.23229, terms for financing of purchases of commercial',
40912:'products and commercial services,the terms of theclause at far 52.23229 shall govern. c because of statutory limitations 10 u.s.c. 3805',
40913:'and 41 u.s.c. 4505, theofferor’s proposed financing shall notbe acceptable if it does not conform to the following limitations: 1',
40914:'delivery payments shall be made only for supplies delivered and accepted, or services rendered and accepted in accordance with the',
40915:'payment terms of this contract; 2 contract financing payments shall not exceed 15 percent of the contract price in advance',
40916:'of any performance of work under the contract; 3 the terms and conditions of the contract financing must be appropriate',
40917:'or customary in the commercial marketplace; and 4 the terms and conditions of the contract financing must be in the',
40918:'best interests of the united states. d the offeror’sproposal offinancing termsshallinclude the following: 52.2403 52.23232 federal acquisition regulation 1 the',
40919:'proposedcontractual language describing thecontract financing seefar 32.2022 for appropriate definitions of types of payments; and 2 a listing of the',
40920:'earliest date and greatest amount at which each contract financing payment may be payable and the amount of each delivery',
40921:'payment. any resulting contract shall provide that no contract financing payment shall be made at any earlier date or in',
40922:'a greater amount than shown in theofferor’s listing. e theofferor’s proposed prices and financing terms shall be evaluated to determine',
40923:'thecost to theunited statesof the proposal using the interest rate and delivery schedule specified elsewhere in this solicitation. end of',
40924:'provision 52.23232 performancebased payments. as prescribed in 32.1005, insert the following clause: performancebased payments apr 2012 a amount of payments',
40925:'and limitations on payments. subject to such other limitations and conditions as are specified in this contractand this clause, the',
40926:'amount of paymentsand limitations onpaymentsshallbe specified in the contract’s description of the basis for payment. b contractor request for performancebased',
40927:'payment. the contractor may submit requests for payment of performancebasedpayments not morefrequentlythan monthly, in a form and manner acceptable to',
40928:'the contracting officer. unless otherwiseauthorized by the contracting officer, all performancebased payments in any period for which payment isbeing requested',
40929:'shall be included in a single request, appropriatelyitemized and totaled. the contractor’s request shall contain the information and certification detailed',
40930:'in paragraphs l and m of this clause. c approval and payment of requests. 1 the contractor shall not be',
40931:'entitled to payment of a request for performance based payment prior to successful accomplishment of the event or performance criterion',
40932:'for which payment is requested. the contracting officer shall determine whether the event or performance criterionforwhich payment is requestedhas been',
40933:'successfully accomplished in accordance with the terms of the contract. the contractingofficer may, at any time, require the contractor to',
40934:'substantiate the successful performance of any event or performance criterion which has been or is represented as being payable. 2',
40935:'a payment under this performancebased payment clause is a contract financing payment under the prompt payment clause of this contract',
40936:'and not subject to the interest penalty provisions of the prompt payment act. the designated paymentoffice will pay approved requests',
40937:'on the [contracting officer insert day as prescribed by agency head; if not prescribed, insert 30th] day after receipt of',
40938:'the request for performancebased payment by the designated payment office. however, the designated payment office isnot required toprovide payment if',
40939:'thecontracting officer requires substantiation as provided in paragraph c1 of this clause, or inquires into the status of an event',
40940:'or performance criterion, or into any of the conditions listed in paragraph e of this clause, or into the contractor',
40941:'certification. the payment period will not begin untilthe contracting officerapproves therequest. 3 the approvalby the contracting officer of a request',
40942:'for performancebased payment does not constitute an acceptance by the government and does not excuse the contractor from performance of',
40943:'obligations under this contract. d liquidation of performancebased payments. 1 performancebased finance amounts paid prior to payment for delivery of',
40944:'an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. if the',
40945:'performancebased finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the',
40946:'percent of that delivery item price that was previously paid under performancebased finance payments or the designated dollar amount. if',
40947:'the performancebased finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a',
40948:'liquidation percentage. 2 if at any time the amount of payments under this contract exceeds any limitation in this contract,',
40949:'the contractor shall repay to the government theexcess. unless otherwise determined by the contracting officer, such excess shall be credited',
40950:'as a reduction in the unliquidated performancebased payment balances, after adjustment of invoice payments and balances for any retroactive price',
40951:'adjustments. e reduction or suspension of performancebased payments. the contracting officer may reduce or suspend performancebased payments, liquidate performancebased payments',
40952:'by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence',
40953:'any of the following conditions: 52.2404 subpart 52.2 text of provisions and clauses 52.23232 1 the contractor failed to comply',
40954:'with any material requirement of this contract which includes paragraphs h and i of this clause. 2 performance ofthiscontract is',
40955:'endangered bythe contractor’s i failure to make progress; or ii unsatisfactory financial condition. 3 the contractor is delinquent in payment',
40956:'of any subcontractor or supplier under this contract in the ordinary course of business. f title. 1 titleto the property',
40957:'described in this paragraph f shall vest in the government. vestiture shall be immediately upon the date of the first',
40958:'performancebased payment under this contract, for property acquired or produced beforethat date. otherwise, vestiture shall occur when the property isor',
40959:'should have been allocable or properly chargeable to this contract. 2 property, as used inthisclause, includes all ofthe following describeditems',
40960:'acquired or produced by the contractor thatare or should beallocable or properly chargeable to this contract under soundand generally accepted',
40961:'accounting principles and practices: i parts, materials, inventories, and work in process; ii special tooling and special test equipment to',
40962:'which the government is to acquire title; iii nondurable i.e., noncapital tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test',
40963:'equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph f2ii of',
40964:'this clause; and iv drawings and technical data, to the extent the contractor or subcontractors are required to deliver them',
40965:'to the government by other clauses of this contract. 3 although title to property is in the government under this',
40966:'clause, other applicable clauses of this contract e.g., the terminationclausesshalldetermine thehandling and disposition ofthe property. 4 the contractor may sell',
40967:'any scrap resulting from production under this contract, without requesting the contracting officer’s approval, provided that any significant reduction in',
40968:'thevalueof the property to which the government has title underthis clause is reported inwriting tothe contracting officer. 5 in order',
40969:'to acquire for its own use or dispose of property to which title is vested in the government under this',
40970:'clause, the contractor shall obtain the contracting officer’sadvance approval ofthe action and the terms. if approved, the basis for payment',
40971:'the events or performance criteria to which the property is related shall be deemed to be not in compliance with',
40972:'the terms of the contract and not payable if the property is part of or needed for performance, and the',
40973:'contractor shall refund the related performancebased payments in accordance with paragraph d of this clause. 6 when the contractor completes',
40974:'all of the obligations under this contract, including liquidation of all performance based payments, title shall vest in the contractor',
40975:'for all property or the proceeds thereof not ideliveredto, and accepted by,the government underthis contract;or iiincorporated in supplies delivered to,',
40976:'and accepted by, the government under this contract and to which title is vested in the government under this clause.',
40977:'7 the terms of this contract concerning liability for governmentfurnished property shall not apply to property to which the government',
40978:'acquired title solely under this clause. g risk of loss. before delivery to and acceptance by the government, the contractor',
40979:'shall bear the risk of loss for property,the title to which vests in thegovernmentunder this clause, except to the extent',
40980:'thegovernmentexpressly assumes the risk. if any property is lost see 45.101, the basis of payment the events or performance criteria',
40981:'to which the property is related shall be deemed to be not in compliance with the terms of the contract',
40982:'and not payable if the property is part of or needed for performance, and the contractor shall refund the related',
40983:'performancebased payments in accordance with paragraph d of this clause. h records and controls. the contractor shall maintain records and',
40984:'controls adequate for administration of this clause. the contractor shall have no entitlement to performancebased payments during any time the',
40985:'contractor’s records or controls aredetermined by the contracting officer tobe inadequate for administration of this clause. i reports and government',
40986:'access. the contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requestedby the contracting officer for the',
40987:'administration of this clause and todetermine that an event or other criterion prompting a financing payment has been successfully accomplished.',
40988:'the contractor shall give the government reasonableopportunity to examine andverify the contractor’s records and to examineandverify the contractor’sperformance of this',
40989:'contract for administration of this clause. 52.2405 52.23233 federal acquisition regulation j special terms regarding default. if this contract is',
40990:'terminated under the default clause, 1 the contractor shall, on demand, repay to the government the amount of unliquidated performancebased',
40991:'payments, and 2 title shall vest in the contractor, onfull liquidationof all performancebasedpayments, for all property for whichthe government elects',
40992:'notto require delivery under the default clause of this contract. the government shall be liable for no payment except as',
40993:'provided by the default clause. k reservation of rights. 1 no payment or vesting of title under this clause shall',
40994:'i excuse the contractor from performance of obligations under this contract; or ii constitute a waiver of any of the',
40995:'rights or remedies of the parties under the contract. 2 the government’s rightsandremedies under this clause i shall not be',
40996:'exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and',
40997:'iishallnot be affected bydelayed, partial, oromittedexercise of any right, remedy, power, or privilege,nor shall such exercise or any single exercise',
40998:'preclude or impair any further exercise under this clause or the exercise of any other right, power,or privilege of the',
40999:'government. l content of contractor’s request for performancebased payment. the contractor’s request for performancebased payment shall contain the following: 1',
41000:'the name and address of the contractor; 2 the date of the request for performancebased payment; 3 the contract number',
41001:'and/or other identifier of the contract or order under which the request is made; 4 suchinformation anddocumentation as isrequired by',
41002:'thecontract’s description of the basis for payment; and 5 a certification by a contractorofficial authorized to bind the contractor, as',
41003:'specified in paragraph mof this clause. m content of contractors certification. as required in paragraph l5 of this clause, the',
41004:'contractor shall make the following certification in each request for performancebased payment: i certify to the best of my knowledge',
41005:'and belief that 1 this request for performancebased payment is true and correct; this request and attachments has been prepared',
41006:'from thebooksandrecordsof the contractor,in accordance with thecontract andthe instructions ofthe contracting officer; 2 except as reported in writing on ,',
41007:'all payments to subcontractors and suppliers under this contract have been paid, or willbe paid, currently, when due in the',
41008:'ordinary course of business; 3 there are no encumbrances except as reported in writing on against the property acquired or',
41009:'produced for,and allocated or properly chargeable to, the contractwhich would affector impair the governments title; 4 there has been no',
41010:'materially adverse change in the financial condition of the contractor since the submission by the contractor to the government of',
41011:'the most recent written information dated ; and 5 after the making of this requested performancebased payment, the amount of',
41012:'all payments for each deliverable item for which performancebased payments have been requested will not exceed any limitation in the',
41013:'contract, and the amount of all payments under the contract will not exceed any limitation in the contract. end of',
41014:'clause 52.23233 paymentby electronic funds transfersystem for award management. as prescribed in 32.1110a1, insert the following clause: payment by electronic',
41015:'funds transfersystem for award management oct 2018 a method of payment. 1 all payments by the government under this contract',
41016:'shall be made by electronic funds transfer eft, except as provided in paragraph a2 of this clause. as used in',
41017:'this clause, the term eft refers to the funds transfer and may also include the payment information transfer. 2 in',
41018:'the event the governmentis unableto release one or more payments by eft, the contractor agreesto either i accept payment by',
41019:'check or some other mutually agreeable method of payment; or ii request the government to extend the payment due date',
41020:'until such time as the government can make payment by eft but see paragraph d of this clause. 52.2406 subpart',
41021:'52.2 text of provisions and clauses 52.23234 b contractors eft information. the government shall make payment to the contractor using',
41022:'the eft information containedin thesystemforawardmanagement sam. in the eventthat theeft information changes, the contractorshall be responsible for providing the updated',
41023:'information to sam. c mechanisms for eft payment. the government may make payment by eft through either the automated clearing',
41024:'house ach network,subject to the rules of thenational automated clearing house association,or the fedwire transfer system. the rules governing federal',
41025:'payments through the ach are contained in 31 cfr part 210. d suspension of payment. if the contractor’s eft information',
41026:'in the sam is incorrect, thenthe government need not make payment to the contractor under this contract until correct eft',
41027:'information is entered into the sam; and any invoice or contract financing request shall be deemed not to be a',
41028:'proper invoice for the purpose of prompt payment under this contract. the prompt payment terms of the contract regarding notice',
41029:'of an improper invoice and delays in accrual of interest penalties apply. e liability for uncompleted or erroneous transfers. 1',
41030:'if an uncompleted or erroneous transfer occurs because the government used the contractor’s eftinformation incorrectly, the government remains responsible for',
41031:'i making a correct payment; ii paying any prompt payment penalty due; and iii recovering any erroneously directed funds. 2',
41032:'if an uncompleted or erroneous transfer occurs because the contractor’s eftinformation was incorrect, or was revised within 30 days of',
41033:'government release of the eft payment transaction instruction to the federal reserve system, and iif the funds are no longerunder',
41034:'thecontrol of the payment office, the government isdeemed to have made payment and the contractor is responsible for recovery of',
41035:'any erroneously directed funds; or iiif the funds remain under the control of the payment office,the government shall not make',
41036:'payment, and the provisions of paragraph d of this clause shall apply. f eft and prompt payment. a payment shall',
41037:'be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract',
41038:'if, in the eft payment transaction instruction released to the federal reserve system, the date specified for settlement of the',
41039:'payment is on or before the prompt payment due date, provided the specified payment date is a valid date under',
41040:'the rules of the federal reserve system. g eft and assignment of claims. if the contractor assigns the proceeds of',
41041:'this contract as provided for in the assignment of claims terms of this contract, the contractor shall require as a',
41042:'condition of any such assignment, that the assignee shall register separately in sam and shall be paid by eft in',
41043:'accordance with the terms of this clause. notwithstanding any other requirement of this contract, paymentto anultimate recipient other than thecontractor,',
41044:'or a financial institution properly recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. in all',
41045:'respects, the requirements of this clause shall apply to the assignee as ifitwere thecontractor. eftinformation that shows the ultimate recipient',
41046:'of the transfer to be other than the contractor, in the absence of a proper assignment of claims acceptable to',
41047:'the government, is incorrect eft information within the meaning of paragraph d of this clause. h liability for change of',
41048:'eft information by financial agent. the government is not liable for errors resulting from changes to eftinformation madeby the contractor’s',
41049:'financialagent. i payment information.the payment ordisbursing office shall forward to the contractor available payment information that is suitable for transmission',
41050:'as of the date of release of the eft instruction to the federal reserve system. the government may request the',
41051:'contractor to designate a desired format and methods for delivery of payment information from alist of formatsandmethodsthe paymentoffice is capable',
41052:'ofexecuting. however, the government does not guarantee that any particular format or method of delivery is available at any particular',
41053:'payment office and retainsthe latitude to use the format and delivery method most convenient to the government. if the government',
41054:'makes payment by check in accordance with paragraph a of this clause, the government shall mail the payment information to',
41055:'the remittance address contained in sam. end of clause 52.23234 paymentby electronic funds transferother than system for award management. as',
41056:'prescribed in 32.1110a2, insert the following clause: payment by electronic funds transferother than system for award management jul 2013 52.2407',
41057:'52.23234 federal acquisition regulation a method of payment. 1 all payments by the government under this contract shall be made',
41058:'by electronic funds transfer eft except as provided in paragraph a2 of this clause. as used in this clause, the',
41059:'term eft refers to the funds transfer and may also include the payment information transfer. 2 in the event the',
41060:'governmentis unableto release one or more payments by eft, the contractor agreesto either i accept payment by check or some',
41061:'other mutually agreeable method of payment; or ii request the government to extend payment due dates until such time as',
41062:'the government makes payment by eft but see paragraph d of this clause. b mandatory submission of contractors eft information.',
41063:'1 the contractor is required to provide the government with the information required to make payment by eft see paragraph',
41064:'j of this clause. the contractor shall provide this information directly tothe officedesignated in this contract to receive that information',
41065:'hereafter: designated office by [the contracting officer shall insert date, days after award, days before first request, the date specified',
41066:'for receipt of offers if the provision at 52.23238 is utilized, or concurrent with first request as prescribed by the',
41067:'head of the agency; if not prescribed, insert no later than 15 days prior to submission of the first request',
41068:'for payment]. if not otherwise specified in this contract, the payment office is the designated office for receipt ofthe contractor’seft',
41069:'information. ifmore than one designated officeis named for the contract, the contractor shall provide a separatenotice to eachoffice. in theevent',
41070:'that the eft information changes, the contractor shall be responsible for providing the updated information to the designated offices. 2',
41071:'if the contractor provides eft information applicable to multiple contracts, the contractor shall specifically state theapplicability ofthis eftinformation in terms',
41072:'acceptableto the designatedoffice. however, eft information supplied to a designated office shall be applicable only to contractsthat identify thatdesignated office',
41073:'as the office to receive eft information for that contract. c mechanisms for eft payment. the government may make payment',
41074:'by eft through either the automated clearing house ach network,subject to the rules of thenational automated clearing house association,or the',
41075:'fedwire transfer system. the rules governing federal payments through the ach are contained in 31 cfr part 210. d suspension',
41076:'of payment. 1 the government is not required to make any payment under this contract until after receipt, by the',
41077:'designatedoffice, of thecorrect eft payment information from the contractor. until receipt of the correct eft information, any invoice or contract',
41078:'financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract.',
41079:'the prompt payment terms of the contract regarding notice of an improper invoice and delaysin accrual of interest penalties apply.',
41080:'2 if the eft information changes after submission of correct eft information, the government shall begin using thechanged eft informationno',
41081:'later than30 days after its receipt by the designatedoffice tothe extent payment is made by eft. however, the contractor may',
41082:'request that no further payments bemade until theupdated eft information is implemented bythe paymentoffice. if such suspension would result ina',
41083:'late paymentunder theprompt paymentterms of this contract, the contractor’s request for suspensionshallextend the due date for payment by the number',
41084:'of days of the suspension. e liability for uncompleted or erroneous transfers. 1 if an uncompleted or erroneous transfer occurs',
41085:'because the government used the contractor’s eftinformation incorrectly, the government remains responsible for i making a correct payment; ii paying',
41086:'any prompt payment penalty due; and iii recovering any erroneously directed funds. 2 if an uncompleted or erroneous transfer occurs',
41087:'because the contractor’s eftinformation was incorrect, or was revised within 30 days of government release of the eft payment transaction',
41088:'instruction to the federal reserve system, and iif the funds are no longerunder thecontrol of the payment office, the government',
41089:'isdeemed to have made payment and the contractor is responsible for recovery of any erroneously directed funds; or iiif the',
41090:'funds remain under the control of the payment office,the government shall not make payment and the provisions of paragraph d',
41091:'shall apply. f eft and prompt payment. a payment shall be deemed to have been made in a timely manner',
41092:'in accordance with the prompt payment terms of this contract if, in the eft payment transaction instruction released to the',
41093:'federal reserve system, the date specified for settlement of the payment is on or before the prompt payment due date,',
41094:'provided the specified payment date is a valid date under the rules of the federal reserve system. g eft and',
41095:'assignment of claims. if the contractor assigns the proceeds of this contract as provided for in the assignment of claims',
41096:'terms of this contract, the contractor shall require as a condition of any such assignment, that the assignee shall 52.2408',
41097:'subpart 52.2 text of provisions and clauses 52.23235 provide the eft informationrequired by paragraph j of thisclause to the designated',
41098:'office, andshallbe paid by eft in accordance with the terms of this clause. in all respects, the requirements of this',
41099:'clause shall apply to the assignee as if it were the contractor. eft information thatshows the ultimate recipientof the transfer',
41100:'to be other thanthe contractor, in the absence of a proper assignment of claims acceptable to the government, is incorrect',
41101:'eft information within the meaning of paragraph d of this clause. h liability for change of eft information by financial',
41102:'agent. the government is not liable for errors resulting from changes to eftinformation provided bythe contractor’sfinancial agent. i payment information.the',
41103:'payment ordisbursing office shall forward to the contractor available payment information that is suitable for transmission as of the date',
41104:'of release of the eft instruction to the federal reserve system. the government may request the contractor to designate a',
41105:'desired format and methods for delivery of payment information from alist of formatsandmethodsthe paymentoffice is capable ofexecuting. however, the government',
41106:'does not guarantee that any particular format or method of delivery is available at any particular payment office and retainsthe',
41107:'latitude to use the format and delivery method most convenient to the government. if the government makes payment by check',
41108:'in accordance with paragraph a of this clause, the government shall mail the payment information to the remittance address in',
41109:'the contract. j eft information. thecontractor shall providethe following information to the designatedoffice. the contractor may supply this data for',
41110:'this or multiple contracts see paragraph b of this clause. the contractor shall designate a single financial agent per contract',
41111:'capable of receiving and processing the eft information using the eft methods described in paragraph c of this clause. 1',
41112:'the contract number or other procurement identification number. 2 the contractor’s name and remittance address, asstated in thecontracts. 3 the',
41113:'signature manual or electronic, as appropriate,title, andtelephone number of the contractor official authorized to provide this information. 4 the name,',
41114:'address, and 9digitrouting transit number of the contractor’s financial agent. 5 the contractor’s accountnumber and the typeof account checking, saving,',
41115:'or lockbox. 6 if applicable, thefedwire transfer system telegraphicabbreviationof the contractor’s financial agent. 7 if applicable, the contractor shall also',
41116:'provide the name, address, telegraphic abbreviation, and 9digit routing transit numberof the correspondent financial institution receiving the wire transfer paymentif',
41117:'the contractor’s financial agent isnot directly online to thefedwire transfer system; and, therefore, not the receiver of the wire transfer',
41118:'payment. end of clause 52.23235 designation of office forgovernment receipt of electronicfunds transfer information. as prescribed in 32.1110c, insert the',
41119:'following clause: designation of office for government receipt of electronic funds transfer information jul 2013 a as provided in paragraph',
41120:'b of the clause at 52.23234, payment byelectronic funds transferother than system for award management, the government has designatedthe office',
41121:'cited inparagraph cof this clauseas the office to receive the contractor’selectronic funds transfereft information,in lieu of thepayment office of this',
41122:'contract. b the contractor shall send alleft information, and any changes to eft information to the office designated in paragraph',
41123:'c of this clause. the contractor shall not send eft informationto the payment office, or any other office than that',
41124:'designatedin paragraph c. the government need notuse any eft information sent to any office other than that designated in paragraph',
41125:'c. c designated office: name: mailing address: 52.2409 52.23236 federal acquisition regulation telephonenumber: person to contact: electronic address: end of',
41126:'clause 52.23236 paymentby third party. as prescribed in 32.1110d, insert the following clause: payment by third party may 2014 a',
41127:'general. 1 except as provided in paragraph a2 of this clause, the contractor agrees to accept payments due under this',
41128:'contract, through payment by a third party in lieu of payment directly from the government, in accordance with the terms',
41129:'of this clause. the third party and, if applicable, the particular governmentwide commercial purchase card to be used are identified',
41130:'elsewhere in this contract. 2 the governmentwide commercial purchase card is not authorized as a method of payment during any',
41131:'period the system for award management sam indicates thatthe contractor has delinquent debt that is subjectto collection under thetreasury offset',
41132:'programtop. information on top is available at http://fms.treas.gov/debt/index.html. if the sam subsequently indicates that the contractor no longer has delinquent',
41133:'debt, thecontractor mayrequest the contracting officer to authorize payment by governmentwide commercial purchase card. b contractor payment request. 1 except',
41134:'as provided in paragraph b2 of this clause, the contractor shall make paymentrequests through a charge to the government account',
41135:'with the third party, at the time and for the amount due in accordance with those clauses of this contract',
41136:'that authorize the contractor to submit invoices, contract financing requests, other paymentrequests, or as provided in other clauses providing for',
41137:'payment to the contractor. 2 when the contracting officer hasnotified the contractor that the governmentwide commercial purchase card is no',
41138:'longer an authorized method of payment, the contractor shall make such payment requests in accordance with instructions provided by the',
41139:'contractingofficer duringthe periodwhen the purchase card isnot authorized. c payment. the contractor and the third party shall agree that payments',
41140:'due under this contract shall be made upon submittal of payment requests to the third party in accordance with the',
41141:'terms and conditions of an agreement between the contractor, the contractor’s financial agent if any,andthe third party and itsagents ifany.',
41142:'no payment shall be due the contractor until such agreement is made. payments made or due by the third party',
41143:'under this clause are not payments made by the government and are not subject to the prompt payment act or',
41144:'any implementation thereof in this contract. d documentation. documentation ofeach charge againstthe government’s account shall be provided to the contracting',
41145:'officer upon request. e assignment of claims. notwithstanding any other provision of this contract, if any payment is made under',
41146:'this clause, then no payment under this contract shall be assigned under the provisions of the assignment of claims terms',
41147:'of this contract or the assignment of claims act of1940 31 u.s.c.3727, 41 u.s.c. 6305. f other payment terms. the',
41148:'other payment terms of this contract shall govern the content and submission of payment requests. if any clause requires information',
41149:'or documents in or with the payment request, that is not provided in the third party agreement referenced in paragraph',
41150:'c of this clause, the contractor shall obtain instructions from the contracting officer before submitting such apayment request. end of',
41151:'clause 52.2410 subpart 52.2 text of provisions and clauses 52.23239 52.23237 multiple payment arrangements. as prescribed in 32.1110e, insert the',
41152:'following clause: multiple payment arrangements may 1999 this contract or agreement provides for payments to the contractor through several alternative',
41153:'methods. the applicability of specific methods of payment and the designation of the payment officesare either stated a elsewhere in',
41154:'this contract or agreement; or b in individual orders placed under this contract or agreement. end of clause 52.23238 submission',
41155:'of electronic funds transfer information with offer. as prescribed in 32.1110g, insert the following provision: submission of electronic funds transfer',
41156:'information with offer jul 2013 the offeror shall provide, with its offer, the following information thatis required to make payment',
41157:'byelectronic funds transfer eft under any contract that results from this solicitation. this submission satisfies the requirement to provide eft',
41158:'information under paragraphs b1 and j of the clause at 52.23234,payment by electronic funds transferotherthan system for award management. 1',
41159:'the solicitation number or other procurement identification number. 2 the offeror’sname and remittance address, as stated in the offer. 3',
41160:'the signature manual or electronic, as appropriate,title, andtelephone number of the offeror’s official authorized to provide this information. 4 the',
41161:'name, address, and 9digitrouting transit number of the offeror’s financial agent. 5 the offeror’saccount numberandthe type ofaccount checking, savings,or lockbox.',
41162:'6 if applicable, thefedwire transfer system telegraphicabbreviationof the offeror’sfinancial agent. 7 if applicable, theofferor shall also provide the name, address,',
41163:'telegraphicabbreviation, and 9digit routing transit number of thecorrespondent financial institutionreceiving thewire transfer payment ifthe offeror’s financial agent isnot directly online',
41164:'to the fedwire and, therefore, not the receiver of the wire transfer payment. end of provision 52.23239 unenforceability of unauthorizedobligations.',
41165:'as prescribed in 32.7063, insert the following clause: unenforceability of unauthorized obligations jun 2013 a except as stated in paragraph',
41166:'b of this clause, when any supply or service acquired under this contract is subject to any end user license',
41167:'agreementeula, terms of service tos, or similar legal instrument or agreement, that includes any clause requiring the government to indemnify',
41168:'the contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create',
41169:'an antideficiency act violation 31 u.s.c. 1341, the following shall govern: 1 any such clause is unenforceable against the government.',
41170:'2 neither the government nor any government authorized end user shall be deemed to have agreed to such clause by',
41171:'virtue ofitappearingin the eula, tos, or similar legalinstrument or agreement. if the eula, tos, or similar legal instrument or agreement',
41172:'is invoked through an i agree click box or other comparable mechanism e.g., clickwrap or browsewrap agreements, execution does not',
41173:'bind the government or any government authorized end user to such clause. 3 any such clause is deemed to be',
41174:'stricken from the eula, tos, or similarlegal instrument or agreement. b paragraph a of this clause does not apply to',
41175:'indemnification by the government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. end',
41176:'of clause 52.2411 52.23240 federal acquisition regulation 52.23240 providing accelerated payments tosmall business subcontractors. as prescribed in 32.0092, insert the',
41177:'following clause: providing accelerated payments to small business subcontractors mar 2023 a 1 in accordance with 31 u.s.c. 3903 and',
41178:'10 u.s.c. 3801, within 15 days after receipt of accelerated payments from the government, the contractor shall make accelerated payments',
41179:'to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is',
41180:'otherwise required under the applicable contract or subcontract,after receipt of a proper invoice and all other required documentation fromthe small',
41181:'business subcontractor. 2 the contractor agrees to make such payments to its small business subcontractors without any further consideration from',
41182:'or fees charged to the subcontractor. b the acceleration of payments under this clause does not provide any new rights',
41183:'under the prompt payment act. c include the substance of this clause, including this paragraph c, in all subcontracts with',
41184:'small business concerns, including subcontracts with small business concerns for the acquisition of commercial products or commercial services. end of',
41185:'clause 52.2412 subpart 52.2 text of provisions and clauses 52.2331 52.233[reserved] 52.2331 disputes. as prescribed in 33.215, insert the following',
41186:'clause: disputes may 2014 a this contract is subject to 41 u.s.c chapter 71, contract disputes. b except as provided',
41187:'in 41 u.s.c chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.',
41188:'c claim, as used in this clause, means a written demand or written assertion by one of the contracting parties',
41189:'seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract',
41190:'terms, or other relief arisingunder or relating to this contract. however, a writtendemand or written assertionby the contractor seeking the',
41191:'paymentof money exceeding$100,000 is nota claim under 41u.s.c chapter 71 until certified. a voucher, invoice, or other routine request for',
41192:'payment that is not in dispute when submitted is not a claim under 41 u.s.c chapter 71. the submission may',
41193:'be converted to a claim under 41 u.s.c chapter 71, by complying with the submission and certification requirements of this',
41194:'clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.',
41195:'d 1 a claim by the contractor shall be made in writing and, unless otherwise stated in this contract, submitted',
41196:'within 6years after accrual ofthe claim to the contractingofficer for a writtendecision. a claim by the government againstthe contractor shall',
41197:'be subject toa written decision by the contractingofficer. 2 i the contractor shall provide the certification specified in paragraph d2iii',
41198:'of this clause when submitting any claim exceeding $100,000. ii the certification requirement does not apply to issues in controversy',
41199:'that have not been submitted as all or part of a claim. iii the certification shall state as follows: i',
41200:'certify that the claim is made in good faith; that the supporting data are accurate and complete to the best',
41201:'of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the contractor believes the',
41202:'government is liable; and that i am authorized to certify the claim on behalf of the contractor. 3 the certification',
41203:'may be executed by any person authorized to bind the contractor with respect to the claim. e for contractor claims',
41204:'of $100,000 orless, thecontracting officer must, if requested in writing by the contractor, rendera decisionwithin 60 days of therequest. for',
41205:'contractorcertified claims over $100,000, thecontracting officer must, within 60 days, decide the claim or notify the contractor of the date',
41206:'by which the decision will be made. f the contracting officer’sdecision shall be finalunlessthe contractor appeals orfiles a suitas providedin',
41207:'41 u.s.c chapter 71. g if the claimby the contractor is submittedto thecontracting officer or a claim by the government',
41208:'is presentedto the contractor, the parties, bymutualconsent,may agree to use alternative dispute resolution adr. ifthe contractor refuses anoffer for adr,',
41209:'the contractorshallinform thecontracting officer,in writing, ofthe contractor’sspecific reasons for rejecting theoffer. h the government shall payinterest on the amountfound due',
41210:'and unpaid from 1 the date that the contracting officer receivesthe claimcertified, if required; or 2 the date that payment',
41211:'otherwise would be due, if that date is later, untilthe dateof payment. with regardto claims havingdefective certifications, asdefined infar 33.201,',
41212:'interest shall be paid from thedate thatthe contracting officerinitially receivesthe claim. simple interest on claims shall bepaid atthe rate, fixed',
41213:'by thesecretary of the treasury as provided in the act, whichis applicable to the period during which thecontracting officer receivesthe',
41214:'claimand then at the rate applicable for each 6month period asfixed bythe treasury secretary during the pendency of the claim.',
41215:'i the contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim,',
41216:'appeal,or action arising under the contract, and comply withanydecision of thecontracting officer. end of clause alternate i dec 1991. as',
41217:'prescribed in 33.215 , substitute the following paragraph i for paragraph i of the basic clause: 52.2413 52.2332 federal acquisition',
41218:'regulation i the contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief,',
41219:'claim, appeal, or action arising under or relating to the contract, and comply with any decision of the contracting officer.',
41220:'52.2332service of protest. as prescribed in 33.106, insert the following provision: service of protest sept 2006 a protests, as defined',
41221:'in section 33.101of the federal acquisition regulation, thatare filed directly with anagency,and copiesof any protests that are filed with the',
41222:'governmentaccountability office gao,shallbe served on the contracting officer addressed as follows by obtaining written and datedacknowledgment of receiptfrom . [contracting',
41223:'officer designate the official or location where a protest may be served on the contracting officer.] b the copy of',
41224:'any protest shall be received inthe office designated above withinoneday of filing a protest with the gao. end of provision',
41225:'52.2333protest after award. as prescribed in 33.106b, insert the following clause: protest after award aug 1996 a upon receiptof anotice',
41226:'of protest as defined in far 33.101 or a determination that a protestis likely see far 33.102d, the contracting officer',
41227:'may,by written order to the contractor, directthe contractor to stop performanceof the work called for by this contract. the order',
41228:'shall be specifically identified as a stopwork order issued under this clause. upon receipt ofthe order, thecontractor shall immediately comply',
41229:'withits terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the',
41230:'order during the period of work stoppage. upon receipt of the final decision in the protest, the contracting officer shall',
41231:'either 1 cancel the stopwork order; or 2 terminate thework covered by the order as provided in the default, or',
41232:'the termination for convenience ofthe government, clause of this contract. b if a stopwork order issued under this clause is',
41233:'canceled either before or after a final decision in the protest, the contractor shall resume work. the contracting officer shall',
41234:'make an equitable adjustment in the delivery schedule or contract price, or both, and thecontract shall be modified, inwriting, accordingly,',
41235:'if 1 the stopwork orderresults in an increase in the time required for, or inthe contractor’scost properly allocableto, the performance',
41236:'of any part of this contract; and 2 the contractor asserts its right to an adjustment within 30 days after',
41237:'the end of the period of work stoppage; provided, that if the contracting officer decides the facts justify the action,',
41238:'the contracting officer may receive and act upon a proposal at any time before final payment under this contract. c',
41239:'if a stopwork order is not canceled and the work covered by the order is terminated for the convenience of',
41240:'the government, thecontracting officer shall allow reasonablecosts resulting from the stopwork orderin arrivingat the termination settlement. d if a stopwork',
41241:'order is not canceled and the work covered by the order is terminated for default, the contracting officer shall allow,',
41242:'by equitable adjustment or otherwise, reasonable costs resulting from the stopwork order. e thegovernment’s rights to terminate this contract at',
41243:'any time are notaffected by action taken under this clause. f if, asthe result of thecontractor’s intentional or negligentmisstatement, misrepresentation,',
41244:'or miscertification, a protestrelated to this contract issustained, and thegovernment pays costs, asprovided in far 33.102b2 or 33.104h1, the government',
41245:'may require the contractor to reimburse the government the amount of such costs. in addition to any other remedy available,',
41246:'and pursuant to the requirements of subpart 32.6,thegovernmentmaycollectthisdebtbyoffsettingthe amount against any payment due the contractor under any contract between the',
41247:'contractor and the government. end of clause 52.2414 subpart 52.2 text of provisions and clauses 52.2334 alternate i june1985. as',
41248:'prescribed in 33.106b,substituteinparagrapha2thewords theterminationclauseof this contract for thewords thedefault, or thetermination for convenience of the government clause of this contract.',
41249:'in paragraph b substitute the words an equitable adjustment in the delivery schedule, the estimated cost, the fee, or a',
41250:'combination thereof,andin any other terms of the contractthat may be affected for the words an equitable adjustment in the delivery',
41251:'schedule or contract price, or both. 52.2334applicable law forbreach of contract claim. as prescribed in 33.215b, insert the following clause:',
41252:'applicable law for breach of contract claim oct 2004 united states law will apply to resolve any claim of breach',
41253:'of this contract. end of clause 52.2415 this page intentionally left blank. 52.2416 subpart 52.2 text of provisions and clauses',
41254:'52.2342 52.234[reserved] 52.2341industrial resources developedunder title iii,defense production act. as prescribed at 34.104, insert the following clause: industrial resources developed',
41255:'under title iii defense production act sept 2016 a definitions. title iii industrial resource meansmaterials, services, processes,or manufacturing equipment including',
41256:'the processes, technologies, and ancillary services for the use of such equipment established or maintained under the authorityof title iii,defense',
41257:'productionact50 u.s.c. app.20912093. title iii project contractor means a contractor that has received assistance for the development or manufacture of',
41258:'an industrial resource under titleiii of defenseproduction act 50 u.s.c. app.20912093. b the contractor shall refer any request from a',
41259:'title iii project contractor for testing and qualification ofa title iii industrial resource to the contracting officer. c upon the',
41260:'directionof the contracting officer, the contractorshalltest title iii industrial resources for qualification. the contractor shall provide the test results to',
41261:'thedefense production act office, title iii program, located atwright patterson air force base, ohio 454337739. d when the contracting officer',
41262:'modifies the contract to direct testing pursuantto this clause, the government will provide the title iii industrial resource tobe tested',
41263:'and will make an equitableadjustmentin the contractforthe costs of testing and qualification ofthe title iii industrial resource. e the contractor',
41264:'agrees to insert the substance of this clause, including paragraph e, in every subcontract issued in performance of this contract.',
41265:'end of clause 52.2342notice of earnedvalue management systempreaward integratedbaseline review. as prescribed in 34.203a use the following provision: notice of',
41266:'earned value management systempreaward integrated baseline review. nov 2016 a theofferor shall provide documentation thatthe cognizant federalagency has determined that',
41267:'theproposed earned value management system evms complies with the evms guidelines in electronic industries alliance standard 748eia748 current version at',
41268:'time of solicitation. b if the offerorproposesto use a system that has not been determined to be in compliance withthe',
41269:'requirements of paragraph a of this provision, the offeror shall submit a comprehensive plan for compliancewith the evms guidelines. 1',
41270:'the plan shall ii describethe evms the offeror intends to use in performance ofthe contracts; iidistinguish betweenthe offeror’s existing management',
41271:'system and modificationsproposed to meet the guidelines; iii iii describe the management system and its application in terms of the',
41272:'evms guidelines; iv iv describe the proposed procedure for administration of the guidelines, as applied to subcontractors; and v v',
41273:'provide documentationdescribing the process and resultsof any thirdparty or selfevaluationof the system’s compliance with the evms guidelines. 2 the offeror',
41274:'shall provide information and assistance as required by the contracting officer to support review of the plan. 3 the government',
41275:'will review and approve the offeror’s plan for anevms before contract award. 4 the offeror’sevms plan must provide milestones that',
41276:'indicatewhen the offeror anticipatesthat theevmsystem will be compliant with the eia748 guidelines. c offerors shall identifythe major subcontractors, ormajorsubcontracted effort',
41277:'if major subcontractors have not been selected subject to the guidelines. the prime contractor and the government shall agree to',
41278:'subcontractors selected for application of the evms guidelines. d the government will conduct anintegrated baseline review ibr, as designated by',
41279:'the agency, priorto contract award. the objective of the ibr is for the government and the contractor to jointly assess',
41280:'technical areas, such as the 52.2417 52.2343 federal acquisition regulation contractor’splanning, to ensure complete coverageof the contract requirements, logicalscheduling of',
41281:'the work activities, adequate resources, methodologies for earned value budgeted cost for work performed bcwp, and identification of inherent risks.',
41282:'end of provision 52.2343notice of earnedvalue management systempost award postaward integratedbaseline review. as prescribed in 34.203b use the following provision:',
41283:'notice of earned value management systempost award postaward integrated baseline review nov 2016 a theofferor shall provide documentation thatthe cognizant',
41284:'federalagency has determined that theproposed earned value management system evms complies with the evms guidelines in electronic industries alliance standard',
41285:'748 eia748 current version at time of solicitation. b if the offerorproposesto use a system that has not been determined',
41286:'to be in compliance withthe requirements of paragraph a of this provision, the offeror shall submit a comprehensive plan for',
41287:'compliancewith the evms guidelines. 1 the plan shall idescribe the evms the offeror intends to use in performance of thecontracts;',
41288:'iidistinguish betweenthe offeror’s existing management system and modificationsproposed to meet the guidelines; iii describe the management system and its application',
41289:'in terms of the evms guidelines; iv describe the proposed procedure for administration of the guidelines, as applied to subcontractors;',
41290:'and v provide documentationdescribing the process and resultsof any thirdparty or selfevaluationof the system’s compliance with the evms guidelines. 2',
41291:'the offeror shall provide information and assistance as required by the contracting officer to support review of the plan 3',
41292:'the government will review and approve the offeror’s plan for anevms before contract award. 4 the offeror’sevms plan must provide',
41293:'milestones that indicatewhen the offeror anticipatesthat theevmsystem will be compliant with the eia748 guidelines. c offerors shall identifythe major subcontractors,',
41294:'ormajorsubcontracted effort if major subcontractors have not been selected, planned for application of the guidelines. the prime contractor and the',
41295:'government shall agree to subcontractors selected for application of the evms guidelines. end of provision 52.2344earned value managementsystem. as prescribed',
41296:'in 34.203c, insert the following clause: earned value management system nov 2016 a the contractor shall use an earned value',
41297:'management system evms that has been determined by the cognizant federalagency cfato becompliant with theguidelinesin electronic industries alliance standard748 eia748',
41298:'current version at the time of award to managethis contract. if the contractor’s current evmshas notbeendetermined compliantat the time of',
41299:'award, see paragraph b of this clause. the contractor shall submit reports in accordance with the requirements of this contract.',
41300:'b if, at thetime ofaward,the contractor’sevmsystemhas notbeendetermined by thecfa as complying with evms guidelines or the contractor does not have',
41301:'an existing cost/schedule control system that is compliant with the guidelines in eia 748 current version at time of award,',
41302:'the contractor shall 1 apply the current system to the contract; and 2 takenecessary actionsto meetthe milestones inthe contractor’sevms plan',
41303:'approved by the contracting officer. c the government will conduct an integrated baseline review ibr. if a preaward ibr has',
41304:'not been conducted, a post award ibr shall be conducted as early as practicable after contract award. 52.2418 subpart 52.2',
41305:'text of provisions and clauses 52.235 d the contracting officer may requirean ibrat 1 exercise of significant options; or 2',
41306:'incorporation of major modifications. e unless awaiver is granted by the cfa, contractor proposed evms changes require approval of the',
41307:'cfa prior to implementation. the cfa will advise the contractor of the acceptability of such changes within 30 calendar days',
41308:'afterreceipt of the notice of proposedchangesfrom the contractor. if the advance approval requirements are waived bythe cfa,the contractor shall disclose',
41309:'evms changes to the cfa at least 14 calendar days prior to the effectivedate of implementation. f the contractor shall',
41310:'provideaccess to all pertinent records and data requested by the contracting officer or a an authorized representative as necessary to',
41311:'permit government surveillance to ensure that the evms conforms, and continues to conform, with the performance criteria referenced in paragraph',
41312:'a of this clause. g the contractor shall require the subcontractors specified below to comply with the requirements of this',
41313:'clause: [insert list of applicable subcontractors.] end of clause end of clause 52.235[reserved] 52.2419 this page intentionally left blank. 52.2420',
41314:'subpart 52.2 text of provisions and clauses 52.2363 52.236[reserved] 52.2361performanceof work by the contractor. as prescribed in 36.501b, insert the',
41315:'following clause: [complete the clause by inserting the appropriate percentage consistent with the complexity and magnitude of the work and',
41316:'customary or necessary specialty subcontracting see 36.501a.] performance of work by the contractor apr 1984 the contractor shall perform on',
41317:'the site, and with its own organization, work equivalentto at least [insert the appropriate number in words followed by numerals',
41318:'in parentheses] percent of the total amount of work to be performed under the contract. this percentage may be reduced',
41319:'by a supplemental agreement to this contract if, during performing the work, thecontractor requests a reduction and thecontracting officer determines',
41320:'that the reduction wouldbe tothe advantage of the government. end of clause 52.2362 differing site conditions. as prescribed in 36.502,',
41321:'insert the following clause: differing site conditions apr 1984 a thecontractor shall promptly, and before the conditions are disturbed, give',
41322:'a written noticeto the contractingofficer of 1 subsurface or latent physical conditions atthe site which differ materially from those indicated',
41323:'in this contract; or 2 unknownphysical conditionsat the site, of an unusual nature, which differ materially from those ordinarily encountered',
41324:'and generally recognized as inhering in work of the character provided for in the contract. b the contracting officer shall',
41325:'investigate the site conditions promptly after receiving the notice. ifthe conditions do materially so differ and cause anincrease or decrease',
41326:'in thecontractor’s cost of, or the time required for, performing any part of the work under this contract, whether or',
41327:'not changed as a result of the conditions, an equitable adjustment shall be made underthis clause andthe contract modified in',
41328:'writing accordingly. c no request by the contractor for an equitable adjustment to the contract under this clause shall be',
41329:'allowed, unless the contractor has given the written notice required; provided, that the time prescribed in paragraph a of this',
41330:'clause for giving written notice may be extended by the contracting officer. d no request by the contractorforan equitable adjustment',
41331:'to the contract for differing site conditionsshallbe allowed if made after final payment under this contract. end of clause 52.2363site',
41332:'investigation and conditions affecting the work. as prescribed in 36.503, insert the following clause: site investigation and conditions affecting the',
41333:'work apr 1984 a the contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location',
41334:'of the work, and that it hasinvestigatedandsatisfied itself as to the general and localconditions whichcan affectthe work or its cost,',
41335:'including but not limited to 1 conditions bearing upon transportation, disposal, handling, and storage of materials; 2 theavailability of labor,',
41336:'water,electric power,androads; 3 uncertainties of weather, river stages, tides, or similar physical conditions at the site; 4 the conformation and',
41337:'conditions of the ground; and 5 the character of equipment and facilities needed preliminary to and during work performance. the',
41338:'contractor also acknowledges that it has satisfied itself as to the character, quality, and quantityof surface and subsurface materials or',
41339:'obstacles to be encounteredinsofaras this information is reasonably ascertainable from an inspection of the site, including all exploratory work done',
41340:'by the government, as well as from the drawings and specifications made a part of this contract. any failure of',
41341:'the contractor to take the actions described 52.2421 52.2364 federal acquisition regulation and acknowledged inthisparagraph willnot relieve thecontractor from responsibility',
41342:'for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work',
41343:'without additional expense to the government. b the government assumes no responsibility for any conclusions or interpretations made by the',
41344:'contractor based on the information made available by the government. nor does the government assume responsibility for any understanding reached',
41345:'or representation made concerning conditions which canaffect the work by any of its officers oragents beforethe execution of this contract,',
41346:'unless that understanding or representation is expressly stated in this contract. end of clause 52.2364 physical data. as prescribed in',
41347:'36.504, insert the following clause in solicitations and contracts when a fixedprice construction contract is contemplated and physical data e.g.,',
41348:'test borings, hydrographic, weather conditions data will be furnished or made available to offerors. all information to be furnished or',
41349:'madeavailableto offerors before award thatpertains to the performance of the work should be identified in the clause. when paragraphs are',
41350:'not applicable they may be deleted. physical data apr 1984 data and information furnished or referred tobelow is for the',
41351:'contractor’s information. the government shall notbe responsible for any interpretation of or conclusiondrawnfrom the data or information bythe contractor. a',
41352:'the indications of physical conditions on the drawings and in the specifications are the result of site investigations by [insert',
41353:'a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels]. b weather',
41354:'conditions [insert a summary of weather records and warnings]. c transportation facilities [insert a summary of transportation facilities providing access',
41355:'from the site, including information about their availability and limitations]. d [insert other pertinent information]. end of clause 52.2365material and',
41356:'workmanship. as prescribed in 36.505, insert the following clause: material and workmanship apr 1984 a all equipment, material, and articles',
41357:'incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose',
41358:'intended, unless otherwise specifically provided in this contract. references in the specificationsto equipment, material, articles, or patented processes by trade',
41359:'name, make, orcatalognumber, shall be regarded as establishing astandardof quality and shall not beconstrued as limitingcompetition. the contractor may,at its',
41360:'option,use anyequipment,material, article, or process that, in thejudgment of thecontracting officer,is equal tothat named in the specifications, unless otherwise specifically',
41361:'provided in this contract. b the contractor shall obtain thecontracting officer’s approval of the machinery and mechanicaland otherequipment to be',
41362:'incorporated into thework. when requesting approval, the contractor shall furnish tothe contracting officerthe name of the manufacturer, the model number,',
41363:'and other information concerning the performance,capacity, nature, and rating of the machinery and mechanical and other equipment. whenrequired by this',
41364:'contract or by the contractingofficer, the contractor shall also obtain the contracting officer’s approvalof the material or articles which the',
41365:'contractorcontemplates incorporating into the work. when requesting approval, the contractor shall provide full information concerning the material or articles. when',
41366:'directed to do so, the contractorshallsubmit samples for approval at thecontractor’s expense, with all shipping charges prepaid. machinery, equipment, material,',
41367:'and articles thatdo not have therequired approval shall be installed or used at the risk of subsequent rejection. 52.2422 subpart',
41368:'52.2 text of provisions and clauses 52.2369 c allworkunder this contract shall be performed in a skillful and workmanlike manner.',
41369:'the contracting officer may require,in writing, that the contractor remove from the work any employeethe contracting officerdeems incompetent, careless, or',
41370:'otherwise objectionable. end of clause 52.2366superintendence by the contractor. as prescribed in 36.506, insert the following clause: superintendence by the',
41371:'contractor apr 1984 at all times during performance of this contract and until the work is completed and accepted, the',
41372:'contractor shall directly superintend the work or assign and have on the worksite a competent superintendent who is satisfactory to',
41373:'the contracting officer and has authority to act for the contractor. end of clause 52.2367 permits and responsibilities. as prescribed',
41374:'in 36.507, insert the following clause: permits and responsibilities nov 1991 the contractor shall, without additional expense to the government,',
41375:'be responsible for obtaining any necessary licenses and permits, and for complying with any federal, state, and municipal laws, codes,',
41376:'and regulations applicable to the performance of the work. the contractor shall also be responsible for all damages to persons',
41377:'or property that occur as a result of thecontractor’s fault or negligence. the contractor shall also be responsible for all',
41378:'materials deliveredandwork performed until completion and acceptance of the entire work, except for any completed unit of work which may',
41379:'have been accepted under the contract. end of clause 52.2368 other contracts. as prescribed in 36.508, insert the following clause:',
41380:'other contracts apr 1984 the government may undertake or award other contracts for additional work at or near the site',
41381:'of the work under this contract. the contractor shall fully cooperate with the other contractors and with government employees and',
41382:'shall carefully adapt scheduling and performing the work under this contract toaccommodatethe additional work,heeding any direction that maybe provided by',
41383:'thecontracting officer. the contractor shall not commit or permit any act that will interfere with the performance of work by',
41384:'any other contractor or by government employees. end of clause 52.2369protection of existing vegetation, structures, equipment, utilities, and improvements. as',
41385:'prescribed in 36.509, insert the following clause: protection of existing vegetation, structures, equipment, utilities, and improvements apr 1984 a the',
41386:'contractor shall preserve and protect all structures, equipment, and vegetation such as trees, shrubs, and grass on or adjacent to',
41387:'the work site, which are not to be removed and which do not unreasonably interfere with the work required under',
41388:'this contract. the contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging 52.2423 52.23610',
41389:'federal acquisition regulation vegetation that will remain in place. if any limbs or branches of trees are broken during contract',
41390:'performance, or by the careless operation of equipment, or by workmen, the contractor shall trim those limbs or branches with',
41391:'a clean cut and paint thecut with a treepruning compoundas directedby the contracting officer. b the contractor shall protect from',
41392:'damage all existing improvements and utilities 1at or near the work site, and 2on adjacent property of a third party,the',
41393:'locations of which are madeknown to or should be known by the contractor. the contractor shall repair any damageto those',
41394:'facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of',
41395:'this contract or failure to exercise reasonable care in performing the work. if the contractor fails or refuses torepair the',
41396:'damagepromptly, the contractingofficer may have the necessary work performed and charge the cost to the contractor. end of clause 52.23610',
41397:'operations and storage areas. as prescribed in 36.510, insert the following clause: operations and storage areas apr 1984 a the',
41398:'contractor shall confine all operations including storage of materials on government premises to areas authorized orapproved by the contracting officer.',
41399:'the contractor shall hold and savethe government, its officers and agents, freeand harmless from liability of any nature occasionedby the',
41400:'contractor’s performance. b temporary buildings e.g., storage sheds,shops, offices and utilities may be erected by the contractor only with the',
41401:'approval ofthe contracting officerandshallbe built with labor and materials furnished bythe contractor without expense to the government. the temporary buildings',
41402:'and utilities shall remain the property of the contractor and shall be removed by thecontractor at its expense upon completionof',
41403:'the work. with thewritten consent ofthe contracting officer, thebuildings and utilities may be abandoned and need not be removed. c',
41404:'thecontractor shall, under regulationsprescribed by the contractingofficer, useonlyestablished roadways, or use temporary roadways constructed by the contractor when andas authorized',
41405:'by thecontracting officer. when materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity',
41406:'recommended by the manufacturer of the vehicle or prescribed by any federal, state, or local law or regulation. when it',
41407:'is necessary to cross curbs or sidewalks, the contractor shall protect them from damage. the contractor shall repair or pay',
41408:'for the repair of any damaged curbs, sidewalks, or roads. end of clause 52.23611 use and possession prior to completion.',
41409:'as prescribed in 36.511 , insert the following clause: use and possession prior to completion apr 1984 a the government',
41410:'shall have the right to take possession of or use any completed or partially completed part of the work. before',
41411:'taking possession of or using any work, the contractingofficer shall furnish thecontractor a list of items of work remaining to',
41412:'be performed or corrected on those portions of the work that the government intends to take possession of or use.',
41413:'however,failureof the contracting officer to list any item of work shall not relieve the contractor of responsibility for complying with',
41414:'the terms of the contract. the government’spossession or use shall not be deemed anacceptance of any work under the contract.',
41415:'b while the government has such possession or use, the contractor shall be relieved of the responsibility for the loss',
41416:'of ordamage to the work resultingfrom the government’spossession or use,notwithstanding theterms ofthe clause in this contract entitled permits and responsibilities.',
41417:'if prior possession or use by the government delays the progress of the work or causes additional expense to the',
41418:'contractor,an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be',
41419:'modifiedin writing accordingly. end of clause 52.2424 subpart 52.2 text of provisions and clauses 52.23613 52.23612 cleaning up. as prescribed',
41420:'in 36.512, insert the following clause: cleaning up apr 1984 the contractor shall at all times keep the work area,',
41421:'including storage areas, free from accumulations of waste materials. before completing the work, the contractorshallremove from the work and premises',
41422:'any rubbish, tools, scaffolding, equipment, and materials that are not the property of the government. upon completing the work, the',
41423:'contractor shall leave thework area ina clean,neat, and orderly conditionsatisfactory tothe contracting officer. end of clause 52.23613 accident prevention. as',
41424:'prescribed in 36.513, insert the following clause: accident prevention nov 1991 a the contractor shall provide and maintain work environments',
41425:'and procedures which will 1 safeguardthe public and government personnel,property, materials,supplies, and equipmentexposed to contractor operations and activities; 2 avoid',
41426:'interruptions ofgovernment operations and delays inproject completion dates; and 3 control costs in the performance of this contract. b for',
41427:'these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the contractor shall 1 provide appropriate safety',
41428:'barricades, signs, and signal lights; 2 comply with the standards issued by the secretary of labor at 29 cfr part',
41429:'1926 and 29 cfr part 1910; and 3 ensure that any additionalmeasures thecontracting officer determines to be reasonablynecessary for thepurposes',
41430:'are taken. c if this contract is for construction or dismantling, demolition or removal of improvements with any department of',
41431:'defense agency or component, the contractor shall comply with all pertinent provisions of the latest version of u.s. army corps',
41432:'of engineers safety andhealth requirements manual, em 38511,in effect on thedate of the solicitation. d whenever thecontracting officer becomes awareof',
41433:'any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety',
41434:'of the public or government personnel, the contracting officer shall notifythe contractor orally, with written confirmation, andrequest immediate initiation of',
41435:'corrective action. this notice, when delivered to the contractoror the contractor’s representative at the work site, shall be deemed sufficient',
41436:'notice of the noncompliance and that corrective action is required. after receiving the notice, the contractor shall immediately take corrective',
41437:'action. if the contractor fails or refuses to promptly take corrective action, the contracting officer may issue an order stopping',
41438:'all or part of the work until satisfactory corrective action has been taken. the contractor shall not be entitled to',
41439:'any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under',
41440:'this clause. e the contractor shall insert this clause, including this paragraph e, with appropriate changes in the designation of',
41441:'the parties, in subcontracts. end of clause alternate i nov 1991. if the contract will involve a work of a',
41442:'long duration or hazardous nature, or b performance on a government facility that on the advice of technical representatives involves',
41443:'hazardous materials or operations that might endanger thesafety of the public and/or governmentpersonnel or property, add the following paragraph f',
41444:'tothe basic clause: f before commencing the work, the contractor shall 1 submit a written proposed plan for implementing this',
41445:'clause. the plan shall include an analysis of the significant hazards to life, limb, and property inherent in contract work',
41446:'performance and a plan for controlling these hazards; and 52.2425 52.23614 federal acquisition regulation 2 meet with representatives of thecontracting',
41447:'officer todiscuss and developa mutual understanding relative to administration of the overall safety program. 52.23614 availability and use of utility',
41448:'services. as prescribed in 36.514, insert the following clause in solicitations and contracts when a fixedprice construction contract or a',
41449:'fixedprice dismantling, demolition, or removal of improvements contract is contemplated, the contract is to be performed on government sites when',
41450:'thecontracting officer decides athat the existing utility system is adequate for the needsof both the government and the contractor,and b',
41451:'furnishing it is in the government’s interest. when this clause is used, the contracting officer shall list the available utilities',
41452:'in the contract. availability and use of utility services apr 1984 a the government shall make all reasonably required amounts',
41453:'of utilities available to the contractor from existing outlets and supplies, as specified in the contract. unless otherwise provided in',
41454:'the contract, the amount of each utility service consumedshallbe charged to or paid for by thecontractor at prevailingrates charged to',
41455:'the government or, where the utility is produced by the government, atreasonable rates determinedby the contracting officer. the contractor shall',
41456:'carefully conserve any utilities furnished without charge. b the contractor, atits expense and ina workmanlikemanner satisfactoryto thecontracting officer,shallinstall and maintain',
41457:'all necessary temporary connections and distribution lines, and all meters required to measure the amount of each utility used for',
41458:'the purpose ofdeterminingcharges. before final acceptance ofthe work by the government, the contractor shall remove all the temporary connections, distribution',
41459:'lines, meters, and associated paraphernalia. end of clause 52.23615 schedules for construction contracts. as prescribed in 36.515, insert the following',
41460:'clause: schedules for construction contracts apr 1984 a the contractor shall, within five days after the work commences on the',
41461:'contract or another period of time determined by the contractingofficer, prepare and submit to the contracting officer for approvalthree copies',
41462:'of a practicable schedule showing the order in which the contractor proposes to perform the work, and the dates on',
41463:'which the contractor contemplates starting and completing the several salient features of the work including acquiring materials, plant, and equipment.',
41464:'the schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of',
41465:'work scheduled for completion by any given date during the period. if the contractor fails to submit a schedule within',
41466:'the time prescribed, the contracting officermay withhold approval of progress payments untilthe contractor submits the requiredschedule. b the contractor shall',
41467:'enter the actual progress onthe chart as directed by the contracting officer, and upon doing so shall immediately deliver three',
41468:'copies ofthe annotatedscheduleto the contractingofficer. if,in the opinion of the contracting officer, thecontractor fallsbehind theapproved schedule, the contractorshalltake steps necessary',
41469:'to improve itsprogress, including those that may berequired by the contracting officer, without additional cost to the government. in this',
41470:'circumstance, the contracting officer may requirethe contractor toincrease the number of shifts, overtime operations, days of work, and/or the amount',
41471:'of construction plant, and to submit for approval any supplementary schedule or schedules in chart formas the contracting officer deems',
41472:'necessary to demonstrate how the approvedrate of progress willbe regained. c failure of the contractorto comply withthe requirements of the',
41473:'contracting officer under this clause shall be grounds for a determination by thecontracting officer that the contractor is notprosecuting the',
41474:'workwith sufficient diligence to ensure completionwithin the time specifiedin the contract. upon making this determination, the contracting officer may terminate',
41475:'thecontractor’s right to proceed with the work, orany separable part of it, in accordance withthe default terms of this contract.',
41476:'end of clause 52.2426 subpart 52.2 text of provisions and clauses 52.23618 52.23616 quantity surveys. as prescribed in 36.516,thecontractingofficermayinsertthefollowingclauseinsolicitationsandcontractswhen a',
41477:'fixedprice construction contract providing for unit pricing of items and for payment based on quantity surveys is contemplated: quantity surveys',
41478:'apr 1984 a quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing',
41479:'the quantities of work performed and the actual construction completed and in place. b the government shall conduct the original',
41480:'and final surveys and make the computations based on them. the contractor shall conduct the surveys for any periods for',
41481:'which progress payments are requested and shall make the computations based on these surveys. all surveys conducted by the contractor',
41482:'shall be conducted under the direction of a representative of the contracting officer, unless the contracting officer waives thisrequirementin a',
41483:'specific instance. c promptly upon completing a survey, the contractorshallfurnish the originals of all fieldnotes and all other records relating',
41484:'to the survey or to the layout ofthe work to the contracting officer, whoshalluse them as necessary to determine the',
41485:'amount of progress payments. the contractor shall retain copiesof all such materialfurnished tothe contracting officer. end of clause alternate i',
41486:'apr 1984. if it is determined at a level above thatof the contracting officer that it is impracticable for government',
41487:'personnel to perform the original and final surveys, and the government wishes the contractor to perform these surveys, substitute the',
41488:'following paragraph b for paragraph b of the basic clause: b the contractor shall conduct the original and final surveys',
41489:'and surveys for any periods for which progress payments arerequested. all these surveysshallbe conducted under the directionof arepresentative of the',
41490:'contracting officer, unless thecontracting officer waives this requirement in aspecific instance. the government shall make such computations as are necessary',
41491:'to determine the quantities of work performed or finally in place. the contractor shall make the computations based on the',
41492:'surveys for any periods for which progress payments are requested. 52.23617 layoutof work. as prescribed in 36.517, insert the following',
41493:'clause in solicitations and contracts when a fixedprice construction contract is contemplated and use of this clause is appropriate due',
41494:'to a need for accurate work layout and for siting verification during work performance: layout of work apr 1984 the',
41495:'contractor shall lay out its work from government established base lines and bench marks indicated on the drawings, and shall',
41496:'be responsible for all measurements in connection with the layout. the contractor shall furnish, at its own expense, all stakes,',
41497:'templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. the contractor shall be',
41498:'responsible for executing the work to the lines and grades that may be established or indicated by thecontracting officer. thecontractor',
41499:'shall also be responsible for maintaining and preserving allstakes and other marks established by the contracting officer until authorizedto removethem.',
41500:'if suchmarks are destroyed by thecontractor or through itsnegligence before their removal isauthorized,the contracting officermay replace them and deduct the',
41501:'expense of the replacement from any amounts due or to become due to the contractor. end of clause 52.23618 work',
41502:'oversight in costreimbursement construction contracts. as prescribed in 36.518, insert the following clause in solicitations and contracts when costreimbursement construction',
41503:'contracts are contemplated: work oversight in costreimbursement construction contracts apr 1984 52.2427 52.23619 federal acquisition regulation the extent and character',
41504:'of the work to be done by the contractor shall be subject to the general supervision, direction, control,and approval of',
41505:'thecontracting officer. end of clause 52.23619 organization and direction of the work. as prescribed in 36.519, insert the following clause',
41506:'in solicitations and contracts when a costreimbursement construction contract is contemplated: organization and direction of the work apr 1984 a',
41507:'when this contract is executed, the contractor shall submitto thecontracting officer a chart showing the general executive and administrative organization,',
41508:'thepersonnel to be employed in connection with the work under this contract,and their respective duties. the contractor shall keep the',
41509:'data furnished current by supplementing it as additional information becomes available. b work performance under this contract shall be under',
41510:'the fulltime residentdirection of1the contractor, if the contractor is an individual; 2 one or more principal partners, if the contractor',
41511:'is a partnership; or 3 one or more senior officers,if contractor is a corporation,association, or similar legal entity. however, if',
41512:'the contracting officer approves, the contractor may be represented in the direction of the work by a specific person or',
41513:'persons holding positions other than those identified in this paragraph. end of clause 52.23620 [reserved] 52.23621 specifications and drawings for',
41514:'construction. as prescribed in 36.521, insert the following clause: specifications and drawings for construction feb 1997 a the contractor shall',
41515:'keep on the work site a copy of the drawings and specifications and shall at all times give the contracting',
41516:'officeraccess thereto. anything mentioned in thespecifications and not shown on the drawings, orshown on thedrawings and not mentioned in the',
41517:'specifications, shall be of like effectas if shown or mentioned in both. in case of difference between drawings and specifications,',
41518:'the specifications shall govern. incaseof discrepancy in the figures, in the drawings, or in the specifications, the mattershallbe promptly submitted',
41519:'to the contracting officer, who shall promptly make a determination in writing. any adjustment by the contractor without such a',
41520:'determination shall be at its own risk and expense. the contracting officer shall furnishfrom time totime such detailed drawings and',
41521:'other information as considered necessary, unless otherwiseprovided. b wherever in the specifications or upon the drawings the words directed, required,',
41522:'ordered, designated, prescribed, or words oflike import are used, it shall be understood that the direction, requirement, order, designation, or',
41523:'prescription, of the contracting officer is intended and similarly thewords approved, acceptable, satisfactory, or words of like importshallmean approved by,',
41524:'or acceptable to, or satisfactory to the contracting officer, unless otherwise expressly stated. c where as shown, as indicated, as',
41525:'detailed, or words of similar import are used, it shall be understood that the reference is made to the drawings',
41526:'accompanying this contract unless stated otherwise. the word provided as used herein shall be understood to mean provide complete in',
41527:'place, that is furnished and installed. d shop drawings means drawings, submitted to the government by the contractor, subcontractor, or',
41528:'any lowertier subcontractor pursuant to a construction contract, showing in detail 1 the proposed fabrication and assembly of structural elements,',
41529:'and 2 the installation i.e., fit, and attachment details of materials or equipment. it includes drawings, diagrams, layouts, schematics, descriptive',
41530:'literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions',
41531:'of the work required by the contract. the government may duplicate, use, and disclose in any manner and for any',
41532:'purpose shop drawings delivered under this contract. 52.2428 subpart 52.2 text of provisions and clauses 52.23622 e if this contract',
41533:'requires shop drawings, the contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance withcontract requirements',
41534:'and shall indicate its approvalthereon as evidence of suchcoordination and review. shop drawingssubmitted to the contractingofficer withoutevidence of the contractor’s',
41535:'approval may be returned for resubmission. thecontracting officer will indicate an approval or disapprovalof the shop drawings and if not',
41536:'approved as submitted shall indicatethe government’s reasons therefor. any work done beforesuch approval shall be atthe contractor’srisk. approvalby the contracting',
41537:'officer shall not relieve thecontractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying',
41538:'with the requirements of this contract, except with respect to variations described and approved in accordance with f of this',
41539:'clause. f if shop drawings show variations from the contract requirements, the contractor shall describe such variations in writing, separate',
41540:'from the drawings, at the time of submission. if thecontracting officer approvesanysuch variation,the contracting officershallissue an appropriate contract modification, except',
41541:'that,if the variation is minor or does not involve a change in price or in time of performance, a modification',
41542:'need not be issued. g the contractor shall submit to the contractingofficer for approval four copiesunless otherwise indicated of allshop',
41543:'drawings as called for under the various headings of these specifications. three sets unless otherwise indicated of all shop drawings,',
41544:'will be retainedby the contracting officer and one set will be returned to the contractor. end of clause alternate i',
41545:'apr 1984. when record shop drawings are required and reproducible shop drawings are needed, add the following sentences to paragraph',
41546:'g of the basic clause: upon completing the work under this contract, the contractor shall furnish a complete set of',
41547:'all shop drawings as finally approved. these drawings shall show all changes and revisions made up to the time the',
41548:'equipment is completed and accepted. alternate ii apr 1984. when record shop drawings are required and reproducible shop drawings are',
41549:'not needed, the following sentences shall be added to paragraph g of the basic clause: upon completing the work under',
41550:'this contract, the contractor shall furnish [contracting officer complete by inserting desired amount] sets of prints of all shop drawings',
41551:'as finally approved. these drawings shall show changes and revisions made up to the time the equipment is completed and',
41552:'accepted. 52.23622 designwithin fundinglimitations. as prescribed in 36.6091c, insert the following clause: design within funding limitations apr 1984 a the',
41553:'contractor shall accomplish the design services required under this contract so as to permit the award of a contract, using',
41554:'standard federal acquisition regulation procedures for the construction of the facilities designed at a price that does not exceed the',
41555:'estimated construction contract price as set forth in paragraph c of this clause. when bids or proposals for the construction',
41556:'contract are received that exceed the estimated price, the contractor shall perform such redesign and other services as are necessary',
41557:'to permit contract award within the funding limitation. these additional services shall be performed at no increasein theprice of this',
41558:'contract. however, the contractor shall not be requiredto perform such additional services at no cost to the government if the',
41559:'unfavorable bids or proposals are the result of conditions beyond its reasonable control. b the contractor will promptlyadvise thecontracting officer',
41560:'if it finds that the project being designed will exceed or is likely to exceed the funding limitations and it',
41561:'is unable to design a usable facility within these limitations. upon receipt ofsuch information, the contracting officer will review the',
41562:'contractor’s revisedestimateof construction cost. the government may, ifitdeterminesthat theestimated construction contractprice set forth in this contract isso low that award',
41563:'of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as',
41564:'required to reduce the estimated construction cost to an amount within the estimated construction contract price set forth in paragraph',
41565:'c of this clause, or the government may adjust such estimated construction contract price. when bids or proposals are not',
41566:'solicited or are unreasonably delayed, the government shall prepare an estimate of constructing the design submitted and such estimate shall',
41567:'be used in lieu of bids or proposals to determine compliance with the funding limitation. 52.2429 52.23623 federal acquisition regulation',
41568:'c the estimated construction contract price for the project described in this contract is $. end of clause 52.23623 responsibility',
41569:'ofthe architectengineer contractor. as prescribed in 36.6092b, insert the following clause: responsibility of the architectengineer contractor apr 1984 a thecontractor',
41570:'shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services',
41571:'furnished by the contractor under this contract. the contractor shall, without additional compensation, correct or revise any errors or deficiencies',
41572:'in its designs, drawings, specifications, and other services. b neitherthe government’s review,approval or acceptanceof, norpayment for,the services required under this',
41573:'contract shall be construed to operate as a waiver of any rights under this contract or of any cause of',
41574:'action arising out of the performance of this contract, and the contractor shall be and remain liable to the government',
41575:'in accordance with applicable law for all damages to the government causedby the contractor’s negligent performance of any of the',
41576:'services furnished under this contract. c the rights and remedies of the government provided for under this contract are in',
41577:'addition to any other rights and remedies provided by law. d if the contractor is comprised of more than one',
41578:'legal entity,each such entityshallbe jointly and severallyliable hereunder. end of clause 52.23624 work oversight in architectengineer contracts. as prescribed in',
41579:'36.6093, insert the following clause: work oversight in architectengineer contracts apr 1984 the extent and character of the work to',
41580:'be done by the contractor shall be subject to the general oversight, supervision, direction,control, and approval ofthe contracting officer. end',
41581:'of clause 52.23625 requirements for registration of designers. as prescribed in 36.6094, insert the following clause: requirements for registration of',
41582:'designers june 2003 architects or engineers registered to practice in the particular professional field involved in a state, the district',
41583:'of columbia, or an outlying area of the united states shall prepare or review and approve the design of architectural,',
41584:'structural, mechanical, electrical, civil, or other engineering features of the work. end of clause 52.23626 preconstruction conference. as prescribed in',
41585:'36.522, insert the following clause: preconstruction conferencefeb 1995 52.2430 subpart 52.2 text of provisions and clauses 52.23628 if the contracting',
41586:'officer decides to conduct apreconstruction conference, thesuccessfulofferor will be notifiedand will berequired to attend. thecontracting officer’s notification willinclude specific details',
41587:'regarding the date,time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to',
41588:'be discussed. end of clause 52.23627 site visit construction. as prescribed in 36.523, insert a provision substantially the same as',
41589:'the following: site visit construction feb 1995 a the clauses at 52.2362, differing site conditions, and 52.2363, site investigations and',
41590:'conditions affecting the work, will be included inanycontract awarded as a result of this solicitation. accordingly, offerors orquotersare urged and',
41591:'expected to inspect the site where the work will be performed. b site visits may be arranged during normal duty',
41592:'hours by contacting: name: address: telephone: end of provision alternate i feb 1995. if an organized site visit will beconducted,',
41593:'substitute a paragraph substantially the same as the following for paragraph b of the basic provision: b an organized site',
41594:'visit has been scheduled for [insert date and time] c participants will meet at [insert location] 52.23628 preparationof proposalsconstruction. as',
41595:'prescribed in 36.520, insert the following provision: preparation of proposalsconstruction oct 1997 a proposals must be 1 submitted on the',
41596:'forms furnished by the government or on copies of those forms; and 2 manually signed. the person signing a proposal',
41597:'must initial each erasure or change appearing on any proposal form. b the proposal form may requireofferorsto submitproposed prices for',
41598:'oneor more items on various bases, including 1 lump sum price; 2 alternate prices; 3 units of construction; or 4',
41599:'any combination of paragraphs b1 through b3 of this provision. c if the solicitation requires submission of a proposal on',
41600:'all items, failure to do so may result in the proposal being rejected without further consideration. if a proposal on',
41601:'all items is notrequired,offerorsshouldinsert the words no proposal in the space provided for any item on which no price is',
41602:'submitted. d alternate proposals will not be considered unless this solicitation authorizes their submission. end of provision 52.2431 this page',
41603:'intentionally left blank. 52.2432 subpart 52.2 text of provisions and clauses 52.2373 52.237[reserved] 52.2371site visit. as prescribed in 37.110a, insert',
41604:'the following provision: site visit apr 1984 offerorsor quoters are urged and expected toinspect thesite where services areto beperformed and',
41605:'to satisfy themselves regarding all general and local conditions thatmay affect the cost of contract performance, to the extentthat theinformation',
41606:'is reasonably obtainable. in no event shall failure to inspect the site constitute grounds for a claim after contract award.',
41607:'end of provision 52.2372protection of government buildings, equipment,and vegetation. as prescribed in 37.110b, insert the following clause in solicitations and',
41608:'contracts for services to be performed on government installations, unless a construction contract is contemplated: protection of government buildings, equipment,',
41609:'and vegetation apr 1984 the contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on the',
41610:'government installation. if the contractor’s failure touse reasonable care causesdamage to any of this property, the contractor shall replace or',
41611:'repair thedamage at no expense to the government asthe contracting officerdirects. if the contractor fails or refuses to make such',
41612:'repair or replacement, the contractor shall be liable for the cost, which may be deducted from the contract price. end',
41613:'of clause 52.2373 continuity of services. as prescribed in 37.110c, insert the following clause: continuity of services jan 1991 a',
41614:'the contractor recognizes that the services under this contract are vital to the government and must be continued without interruption',
41615:'and that, upon contract expiration, a successor, either the government oranother contractor, may continue them. the contractor agrees to 1',
41616:'furnish phasein training; and 2 exercise its best efforts andcooperation to effectan orderly and efficient transition to asuccessor. b the',
41617:'contractor shall, uponthe contracting officer’s written notice, 1 furnishphasein, phaseout services for up to 90 days after this contract expires',
41618:'and 2 negotiate in good faith a plan with a successor to determine the nature and extent of phasein, phaseout',
41619:'services required. the plan shall specify a training program and a date for transferring responsibilities for each divisionof work described',
41620:'in the plan, and shall be subject to the contracting officer’s approval. the contractor shall provide sufficient experienced personnelduring the',
41621:'phasein, phaseout period to ensure thatthe services called for bythis contract are maintained at the requiredlevel of proficiency. c the',
41622:'contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity',
41623:'and consistency of the services required by this contract. the contractor also shall disclose necessary personnel records and allow the',
41624:'successor to conduct onsite interviews with these employees. if selected employees are agreeable to the change, the contractor shall release',
41625:'them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to thesuccessor. d the contractor shall',
41626:'be reimbursed for all reasonable phasein, phaseout costs i.e., costs incurred within the agreed period after contract expiration that result',
41627:'from phasein, phaseout operations and a fee profit not to exceed a pro rata portion of the fee profit under',
41628:'this contract. end of clause 52.2433 52.2374 federal acquisition regulation 52.2374payment by government tocontractor. as prescribed in 37.304a, insert the',
41629:'following clause in solicitations and contracts solely for dismantling, demolition, or removal of improvements whenever the contractingofficer determines that the',
41630:'government shall make paymentto the contractor in addition to any title to property that the contractor may receive under the',
41631:'contract: payment by government to contractor apr 1984 a in [insert full if alternate i is used; otherwise insert partial]',
41632:'consideration of the performance of the work called for in the schedule, the government will pay to the contractor [fill',
41633:'in amount]. b the government shall make progress payments monthly as the work proceeds, or at more frequent intervals as',
41634:'determined bythe contracting officer, on estimatesapproved bythe contracting officer. except as provided in paragraph c ofthis clause, in making progresspayments',
41635:'the contracting officer shall retain 10 percentof the estimated paymentuntil final completion and acceptanceof the contract work. however,if the contractingofficer',
41636:'finds that satisfactory progress was achieved during any period for which a progress payment is to be made,the contracting officermay',
41637:'authorize such payment in full, without retaining a percentage. also, on completion and acceptance of each unit or division for',
41638:'which the price is stated separately, the contracting officer may authorize full payment for that unit or divisionwithout retaininga percentage.',
41639:'c when theworkis substantiallycompleted, the contracting officer shall retain anamount consideredadequate for the protection of the government and, at thecontracting',
41640:'officer’s discretion,may releaseall or a portion of any excess amount. d in further consideration of performance, the contractor shall receive',
41641:'title to all property to be dismantled or demolished that is not specifically designated as being retained by the government.',
41642:'the title shall vest in the contractor immediately upon the government’sissuing the notice of award, orif a performancebond is to',
41643:'be furnished after award, uponthe government’s issuanceof anotice to proceed withthe work. the government shall notbe responsible for the condition',
41644:'of,or any loss ordamage to,the property. if the contractor does not wish to remove from thesite any of the property',
41645:'acquired, the contracting officer may, uponwritten request, grant thecontractor permission to leavethe property on the premises. as a condition to',
41646:'the granting of this permission, the contractor agrees to waive any right, title, claim, or interest in andto theproperty. e',
41647:'upon completion and acceptance of allwork and receipt of a properly executedvoucher, thegovernment shall make final payment of the amount',
41648:'due the contractor under this contract. if requested, the contractor shall release all claims against the government arising under this',
41649:'contract, other than any claims the contractor specifically excepts, in stated amounts, from operation of this release. end of clause',
41650:'alternate i apr 1984. if the contracting officerdeterminesthat the government shall retain all material resulting from the dismantling or demolition',
41651:'work, delete paragraph d from the basic clause and renumber the remaining paragraphs. 52.2375 payment by contractor to government. as',
41652:'prescribed in 37.304b, insert the following clause in solicitations and contracts for dismantling, demolition, or removal of improvements whenever the',
41653:'contractor is to receive title to dismantled or demolished property and a net amount of compensationis due tothe government, except',
41654:'if the contracting officerdeterminesthat it would be advantageous to the government for the contractor to pay in increments and the',
41655:'government to transfer title to the contractor for increments of property only upon receipt of those payments: payment by contractor',
41656:'to government apr 1984 a the contractor shall receive title to all property to be dismantled, demolished, or removed under',
41657:'this contract and not specifically designated in the schedule as being retained by the government. the title shall vest in',
41658:'the contractor immediately upon the government’sissuing the notice of award, orif a performancebond is to be furnished,upon the government’s issuinga',
41659:'noticeto proceed with the work. the government shall not be responsible for the conditionof, or any lossor damage to, the',
41660:'property. b the contractor shall promptly remove fromthe site all property acquired by the contractor. the government shall not permit',
41661:'storage of property on the site beyond the completion date. if the contractor does not wish to remove from the',
41662:'site anyof the property acquired,the contracting officermay, upon written request, grant the contractorpermission to leave 52.2434 subpart 52.2 text of',
41663:'provisions and clauses 52.2377 the property on the premises. as a condition of the granting of the permission, the contractor',
41664:'agrees to waive any right, title, claim,or interestin and to the property. c the contractor shall perform the work called',
41665:'for under this contract and within days of receipt of notice of award, unless otherwise provided in the schedule and',
41666:'before proceeding with the work, shall pay [fill in amount]. checks shall be madepayable to the office designatedin thecontract andshallbe',
41667:'forwarded tothe contracting officer. end of clause 52.2376incrementalpayment by contractor togovernment. as prescribed in 37.304c, insert the following clause in',
41668:'solicitations and contracts for dismantling, demolition, or removal of improvements a if the contractor is to receive title to dismantled',
41669:'or demolished property and a net amount of compensation is due the government; andbif the contractingofficer determines that it would',
41670:'be advantageous to the government for the contractor to pay in increments, and for the government to transfer title to',
41671:'the contractor for increments of property, only upon receipt of those payment: incremental payment by contractor to government apr 1984',
41672:'a the contractor shall perform the work called for under this contract and within days of receipt of notice of',
41673:'award, unless otherwise provided in the schedule, and before proceeding with the work, shall pay [fill in amount]. thereafter, the',
41674:'contractor shall make payment to the government inthe amount and frequencyspecified in the schedule. checks shall be madepayable to the',
41675:'office designatedin thecontract andshallbe forwarded tothe contracting officer. b upon thegovernment’s receipt of each incrementof payment, thecontractor shall receive titleto',
41676:'suchpropertyas thecontracting officer determines to be fair andreasonable for that increment of payment. upon receipt of the contractor’s final payment,',
41677:'all title that has not passed to the contractor shall vest in the contractor,unlessspecifically designated in the schedule as being',
41678:'retained by the government. the government shall not be responsible for the condition of, or any loss or damage to,',
41679:'the property. c thecontractor shall promptlyremove from the site allpropertyacquired by the contractor. the government will not permit storage of',
41680:'property on the site beyond the completion date. if the contractor does not wish to remove from the site any',
41681:'of the property acquired, the contractingofficer may, upon written request, grant the contractor permissionto leave the property on the premises.',
41682:'as a condition of the granting of this permission, the contractor agrees to waive any right, title, claim,or interestin and',
41683:'to the property. end of clause 52.2377 indemnification and medical liability insurance. as prescribed in 37.403, insert the following clause:',
41684:'indemnification and medical liability insurance jan 1997 a it is expressly agreed and understood that this is a nonpersonal services',
41685:'contract, as defined in federal acquisition regulation far 37.101, under which the professional services rendered by the contractor are rendered',
41686:'in its capacity as anindependent contractor. the government may evaluate the quality of professional and administrative services provided, but retains',
41687:'no control over professionalaspects of the services rendered, includingby example, the contractor’s professional medical judgment, diagnosis, or specific medical treatments.',
41688:'the contractor shall be solely liable for and expressly agrees to indemnify the government with respect to any liability producing',
41689:'acts or omissions by it or by its employees or agents. the contractor shall maintain during the term of this',
41690:'contract liability insurance issued by a responsible insurance carrier of not less than the following amounts per specialty per occurrence:',
41691:'. b an apparently successful offeror, uponrequest by the contracting officer, shall furnish prior tocontract award evidence of its insurability',
41692:'concerning the medical liability insurance required by paragraph a of this clause. c liability insurance may be on either an',
41693:'occurrences basis or on a claimsmade basis. if the policy is on a claimsmade basis, an extended reporting endorsement tail',
41694:'for a period of not less than 3 years after the end of the contract term must also be provided.',
41695:'52.2435 52.2378 federal acquisition regulation d evidence of insurance documenting the required coverage for each health care provider who will',
41696:'perform under this contract shall be provided to the contracting officer prior to the commencementof services under this contract. if',
41697:'the insurance is on a claimsmade basis and evidence of an extended reporting endorsement is not provided prior to the',
41698:'commencement of services, evidence of such endorsement shall be provided to the contracting officer prior to the expiration of this',
41699:'contract. final payment under this contract shall be withheld until evidence of the extended reporting endorsement is provided tothe contracting',
41700:'officer. e thepolicies evidencing requiredinsurance shall also contain anendorsement to the effectthat any cancellation or material change adversely affecting the',
41701:'government’s interest shall not beeffective until 30 days after the insurer or the contractor giveswritten notice to the contracting officer.',
41702:'if, duringthe performanceperiod of the contract the contractor changes insurance providers, the contractor must provide evidence that the government will',
41703:'be indemnified to the limits specified in paragraph a of this clause, for the entireperiod of the contract,either under the',
41704:'new policy, or a combination of old and new policies. f the contractor shall insert the substance of this clause,',
41705:'including this paragraph f, in all subcontracts under this contract for health care services and shall require such subcontractors to',
41706:'provide evidence of and maintain insurance in accordance with paragraph a of this clause. at least 5 days before the',
41707:'commencement of work byanysubcontractor, the contractor shall furnish to the contracting officer evidence of such insurance. contracting officer insert the',
41708:'dollar values ofstandardcoverages prevailing withinthe localcommunity as to the specific medical specialty, or specialties, concerned, or such higher amount as',
41709:'the contractingofficer deems necessary to protect the governments interests. end of clause 52.2378restriction on severancepayments to foreign nationals. as prescribed',
41710:'in 37.1132a, use the following provision: restriction on severance payments to foreign nationals aug 2003 a thefederal acquisition regulation far,',
41711:'at 31.2056g6, limits the cost allowability of severance payments to foreign nationals employed under a service contract performed outside the',
41712:'united states unless the agency grants a waiver pursuant to far 37.1131 before contract award. b in making the determinationconcerning',
41713:'the granting of a waiver, the agency will determine that 1 the application of the severancepay limitations to thecontract would',
41714:'adversely affect the continuation of a program, project, or activity that provides significant support services for i members of the',
41715:'armed forces stationed or deployed outside the united states; or ii employees of an executive agency posted outside the united',
41716:'states; 2 the contractor has taken or has established plans to take appropriate actions within its control to minimize the',
41717:'amount and number of incidents of the payment of severance pay to employees under the contract who are foreign nationals;',
41718:'and 3 the payment of severance pay is necessary in order to comply with a law that is generally applicable',
41719:'to a significant number of businesses in the country in which the foreign national receiving the payment performed services under',
41720:'the contract, or is necessary to comply with acollective bargaining agreement. end of provision 52.2379waiver oflimitation onseverance payments to foreign',
41721:'nationals. as prescribed in 37.1132b, use the following clause: waiver of limitation on severance payments to foreign nationals dec 2022',
41722:'a pursuant to 10 u.s.c. 3744b or 41 u.s.c. 4304b1, as applicable,the cost allowability limitations in far 31.2056g6 are waived.',
41723:'52.2436 subpart 52.2 text of provisions and clauses 52.238 b this clause may be incorporated into subcontracts issued under this',
41724:'contract, if approved by thecontracting officer. end of clause 52.23710 identification of uncompensated overtime. as prescribed in 37.1153 , insert',
41725:'the following provision: identification of uncompensated overtime mar 2015 a definitions. as used in this provision adjusted hourly rate including',
41726:'uncompensated overtime is the rate that results from multiplying the hourly rate for a 40hour work week by 40, and',
41727:'then dividing by the proposed hours per week which includes uncompensated overtime hours over and above the standard 40hour work',
41728:'week. for example, 45 hours proposed on a 40hour work week basis at $20 per hour would be converted to',
41729:'an uncompensated overtime rate of $17.78 per hour $20.00 x 40 divided by 45 = $17.78. uncompensated overtime means the',
41730:'hours worked without additional compensation in excess of an average of 40 hours per week by direct charge employees whoare',
41731:'exempt fromthe fair laborstandards act. compensated personal absences such as holidays, vacations, and sick leave shall be included in the',
41732:'normal work week for purposes of computing uncompensated overtime hours. b 1 whenever there is uncompensated overtime, the adjusted hourly',
41733:'rate including uncompensated overtime, rather than the hourly rate, shall be applied to all proposed hours, whether regular or overtime',
41734:'hours. 2 all proposed labor hours subject to the adjusted hourly rate including uncompensated overtime shall be identified as either',
41735:'regular or overtime hours, by labor categories, and described at the same level of detail. this is applicable to all',
41736:'proposals whether the labor hours are at the prime or subcontract level. this includes uncompensated overtime hours that are in',
41737:'indirect costpools for personnelwhose regular hours are normallycharged direct. c theofferor’s accounting practices used toestimateuncompensated overtime must be consistent with',
41738:'its cost accounting practices used to accumulate and report uncompensated overtime hours. d proposals that include unrealistically low labor rates,',
41739:'or that do not otherwise demonstrate cost realism, will be considered in a risk assessment and will be evaluated for',
41740:'award in accordance with that assessment. e theofferor shall include a copyof its policy addressing uncompensated overtimewith its proposal. end',
41741:'of provision 52.238[reserved] 52.2437 this page intentionally left blank. 52.2438 fac 202501 november 12, 2024 subpart 52.2 text of provisions',
41742:'and clauses 52.2401 52.239 [reserved] 52.2391 privacy or security safeguards. as prescribed in 39.106 , insert a clause substantially the',
41743:'same as the following: privacy or security safeguards aug 1996 a the contractor shall not publish or disclose in any',
41744:'manner, without the contracting officer’s written consent, the details of any safeguards either designed or developed by the contractor under',
41745:'this contract or otherwise provided by the government. b to the extent required to carry out a program of inspection',
41746:'to safeguard against threats and hazards to the security, integrity, and confidentiality of government data, the contractor shall afford the',
41747:'government access to the contractor’s facilities, installations, technical capabilities, operations, documentation, records, and databases. c if new or unanticipated threats',
41748:'or hazards are discovered by either the government or the contractor, or if existing safeguards have ceased to function, the',
41749:'discoverer shall immediately bring the situation to the attention of the other party. end of clause 52.240 [reserved] 52.2401 prohibition',
41750:'on unmanned aircraft systems manufactured or assembled by american security drone act covered foreign entities. as prescribed in 40.2028 ,',
41751:'insert the following clause: prohibition on unmanned aircraft systems manufactured or assembled by american security drone actcovered foreign entities nov',
41752:'2024 a definitions. as used in this clause— american security drone actcovered foreign entitymeans an entity included on a list',
41753:'developed and maintained by the federal acquisition security council fasc and published in the system for award management sam at',
41754:'https:// www.sam.gov section 1822 of the national defense authorization act for fiscal year 2024, pub. l. 11831, 41 u.s.c. 3901',
41755:'note prec.. fascprohibited unmanned aircraft systemmeans an unmanned aircraft system manufactured or assembled by an american security drone actcovered foreign',
41756:'entity. unmanned aircraftmeans an aircraft that is operated without the possibility of direct human intervention from within or on the',
41757:'aircraft 49 u.s.c. 4480111. unmanned aircraft systemmeans an unmanned aircraft and associated elements including communication links and the components that',
41758:'control the unmanned aircraft that are required for the operator to operate safely and efficiently in the national airspace system',
41759:'49 u.s.c. 4480112. b prohibition. the contractor is prohibited from— 1 delivering any fascprohibited unmanned aircraft system, which includes unmanned',
41760:'aircraft i.e., drones and associated elements sections 1823 and 1826 of pub. l. 11831, 41 u.s.c. 3901 note prec. ;',
41761:'2 on or after december 22, 2025, operating a fascprohibited unmanned aircraft system in the performance of the contract section',
41762:'1824 of pub. l. 11831, 41 u.s.c. 3901 note prec. ; and 3 on or after december 22, 2025, using',
41763:'federal funds for the procurement or operation of a fascprohibited unmanned aircraft system section 1825 of pub. l. 11831, 41',
41764:'u.s.c. 3901 note prec.. c procedures. the contractor shall search sam at https://www.sam.gov for the fascmaintained list of american security',
41765:'drone actcovered foreign entities prior to proposing, or using in performance of the contract, any unmanned aircraft system. additionally, the',
41766:'contractor shall ensure any effort or expenditure associated with a fascprohibited unmanned aircraft system is consistent with a corresponding exemption,',
41767:'exception, or waiver determination expressly stated in the contract. d exemptions, exceptions, and waivers. the prohibitions in this clause do',
41768:'not apply where the agency has determined an exemption, exception, or waiver applies and the contract indicates that such a',
41769:'determination has been made. [see sections 52.2439 fac 202501 november 12, 2024 52.2401 federal acquisition regulation 1823through1825 and 1832 of',
41770:'publiclaw 11831 41 u.s.c. 3901 note prec. for statutory requirements pertaining to exemptions, exceptions, and waivers.]. e subcontracts. the contractor',
41771:'shall insert the substance of this clause, including this paragraph e, in all subcontracts and other contractual instruments, including subcontracts',
41772:'for the acquisition of commercial products or commercial services. end of clause 52.2440 subpart 52.2 text of provisions and clauses',
41773:'52.2414 52.241 utilityservicesprovisions and clauses. 52.2411electric service territorycompliance representation. as prescribed in 41.501b, insert a provision substantially the same as',
41774:'the following: electric service territory compliance representation may 1999 a section 8093 ofpublic law100202 generally requires purchases ofelectricity by any',
41775:'department, agency, or instrumentality of the united states to be consistent with state law governing the provision of electric utility',
41776:'service, including state utility commission rulings and electric utility franchises or service territories established pursuant to state statute, state regulation,',
41777:'or stateapproved territorial agreements. b by signing this offer, the offeror represents that this offer to sell electricity is consistentwith',
41778:'section 8093 ofpublic law100202. c upon requestof the contracting officer, the offeror shall submit supporting legaland factual rationale for this',
41779:'representation. end of clause 52.2412order of precedenceutilities. as prescribed in 41.501c1, insert a clause substantially the same as the following:',
41780:'order of precedenceutilities feb 1995 in the event of any inconsistency between the terms of this contract including the specifications',
41781:'and any rate schedule, rider,or exhibit incorporated in this contract by reference or otherwise, or any ofthe contractor’srules and regulations,',
41782:'the terms of this contract shall control. end of clause 52.2413 scope and duration of contract. as prescribed in 41.501c2,',
41783:'insert a clause substantially the same as the following: scope and duration of contract feb 1995 a for the period',
41784:', [insert period of service] the contractor agrees to furnish and the government agrees to purchase [insert type of service]',
41785:'utility service in accordance with the applicable tariffs, rules, and regulationsas approvedby the applicable governingregulatorybody and as setforth in the',
41786:'contract. b it is expressly understood that neither the contractor nor the government is under any obligation to continue any',
41787:'service under the terms and conditions of this contract beyond the expiration date. c the contractor shall provide the government',
41788:'with one complete set of rates, terms, and conditions of service which are in effect asof the date of this',
41789:'contract and any subsequently approved rates. d the contractor shall bepaid atthe applicable rates under the tariff and thegovernmentshallbe liableforthe',
41790:'minimum monthly charge, if any, specifiedin this contract commencing with the period in which service isinitially furnished and continuing for',
41791:'the term of this contract. any minimum monthly chargespecified in this contract shall be equitably prorated for the periods in',
41792:'which commencementandtermination of this contract become effective. end of clause 52.2414 change in class of service. as prescribed in 41.501c3,',
41793:'insert a clause substantially the same as the following: change in class of service feb 1995 52.2441 52.2415 federal acquisition',
41794:'regulation a inthe event of a change in the class of service, suchservice shall be provided at the contractor’s lowest',
41795:'available rate schedule applicable to the class of service furnished. b where the contractor does not have on file with',
41796:'the regulatory body approved rate schedules applicable to services provided, no clause in this contract shall preclude the parties from',
41797:'negotiating a rate schedule applicable to the class of service furnished. end of clause 52.2415contractor’s facilities. as prescribed in 41.501c4,',
41798:'insert a clause substantially the same as the following: contractor’s facilities feb 1995 a thecontractor, at its expense, unless otherwiseprovided',
41799:'for in this contract, shall furnish, install, operate, and maintain all facilities required to furnish service hereunder,and measure such service',
41800:'at the point of delivery specified in the servicespecifications. titleto all such facilities shall remain with the contractor and thecontractor',
41801:'shall be responsible for loss or damage to such facilities, except that the government shall be responsible to the extent',
41802:'that loss or damage has been caused bythe government’s negligent actsor omissions. b notwithstanding any terms expressed inthis clause, the',
41803:'contractorshallobtainapproval from the contracting officer prior to anyequipment installation, construction, or removal. the government hereby grants to the contractor,free of',
41804:'any rental orsimilarcharge,but subject to the limitations specified in this contract, arevocable permit or license toenter the service location for',
41805:'any proper purpose under this contract. this permit or license includes use of the site or sites agreed upon by',
41806:'the parties hereto for the installation, operation, maintenance, and repair of the facilities of the contractor required to be located',
41807:'upon government premises. allapplicable taxes and other charges in connection therewith, together with all liability of the contractor in construction,',
41808:'operation, maintenance and repair of such facilities, shall be the obligation of the contractor. c authorized representatives of the contractor',
41809:'will be allowed access to the facilities on government premises at reasonable times to perform the obligations of the contractor',
41810:'regarding such facilities. it is expressly understood that the government may limit or restrict the right of access herein granted',
41811:'in any manner considered necessary e.g., national security, public safety. d unless otherwise specified in this contract, the contractor shall,',
41812:'at its expense, remove such facilities and restore government premises to their original condition as near as practicable within a',
41813:'reasonable time after the government terminatesthiscontract. inthe event suchtermination of this contract isdue to the fault of the contractor, such',
41814:'facilities may be retained in place at the option of the government for a reasonable time while the government attempts',
41815:'to obtain service elsewhere comparable to that provided for hereunder. end of clause 52.2416service provisions. as prescribed in 41.501c5, insert',
41816:'a clause substantially the same as the following: service provisions feb 1995 a measurement of service. 1 all service furnished',
41817:'by the contractor shall be measured by suitable metering equipment of standard manufacture, to be furnished, installed, maintained, repaired, calibrated,',
41818:'and read by the contractor at its expense. whenmorethan a single meter is installed at a servicelocation, the readings thereof',
41819:'may be billed conjunctively, if appropriate. in the event any meter fails to register or registers incorrectly the service furnished,',
41820:'the parties shall agree upon the length of time of meter malfunction and the quantity of service delivered during such',
41821:'period of time. an appropriate adjustment shall bemade to the next invoice for the purpose of correcting such errors. however,',
41822:'any meter which registers not more than percent slow or fast shall be deemed correct. 2 the contractor shall read',
41823:'all meters at periodic intervals of approximately 30 days or in accordance with the policy of the cognizant regulatory body',
41824:'or applicable bylaws. all billings based on meter readings of less than days shall be prorated accordingly. 52.2442 subpart 52.2',
41825:'text of provisions and clauses 52.2418 b meter test. 1thecontractor,atitsexpense,shallperiodicallyinspectandtestcontractorinstalledmetersatintervals not exceeding years. the government has the right to have',
41826:'representation during the inspection and test. 2 at the written requestof the contracting officer, the contractorshallmake additional tests of any',
41827:'or allsuch meters in the presence of government representatives. the cost of such additional tests shall be borne by the',
41828:'government if the percentage of errors is found to be not more than percent slow or fast. 3 no meter',
41829:'shall be placed in service or allowed to remain in service which has an error in registration in excess of',
41830:'percent under normal operating conditions. c change in volume or character. reasonable notice shall be given by the contractingofficer to',
41831:'the contractor regarding any material changes anticipated in the volume or characteristics of the utility service required at each location.',
41832:'d continuity of service and consumption. the contractor shall use reasonable diligence to provide a regular and uninterrupted supply of',
41833:'service at each service location, but shall not be liable for damages, breach of contract or otherwise, to the government',
41834:'for failure, suspension, diminution, or other variations of service occasioned by or in consequence of any cause beyond the control',
41835:'of the contractor, including but not limited to acts of god or of the public enemy, fires,floods, earthquakes, or other',
41836:'catastrophe, strikes, or failure or breakdown of transmission or other facilities. if any such failure, suspension, diminution, or other variation',
41837:'of service shall aggregate more than hours during any billing period hereunder, an equitableadjustment shall be made in the monthly',
41838:'billing specified in this contractincluding the minimum monthlycharge. end of clause 52.2417change in rates or terms and conditions of service',
41839:'for regulated services. as prescribed in 41.501d1, insert a clause substantially the same as the following: change in rates or',
41840:'terms and conditions of service for regulated services feb 1995 a this clause appliesto theextent services furnished underthis contractare subjectto',
41841:'regulation bya regulatory body. the contractor agrees to give written notice of 1 the filing of an application for change',
41842:'in rates or terms and conditions of service concurrently with the filing of the application and 2 any changes pending',
41843:'with the regulatory body as of the date of contract award. such notice shall fully describe the proposed change. if,',
41844:'during the term of this contract, the regulatory body having jurisdiction approves any changes, the contractor shall forward to the',
41845:'contracting officer acopy ofsuch changes within15 days afterthe effective date thereof. the contractor agrees to continue furnishing serviceunder this contract',
41846:'inaccordance withthe amended tariff, and the governmentagrees topayforsuch serviceat the higher or lower rates as of the datewhen such rates',
41847:'are made effective. b the contractor agrees that throughout the life of this contract the applicable published and unpublished rate',
41848:'schedules shall not be in excess of the lowest cost published and unpublished rate schedules available to any other customers',
41849:'of the same class under similar conditions of use and service. c inthe event that the regulatory body promulgates any',
41850:'regulationconcerning matters other than rates which affectsthis contract, the contractor shall immediately provide a copyto the contractingofficer. the government shall',
41851:'not be boundto accept any new regulation inconsistent with federal laws or regulations. d any changes to rates or terms',
41852:'and conditions of service shall be made a part of this contract by the issuance of a contract modification unless',
41853:'otherwisespecified in the contract. the effective dateof the change shall be the effective dateby theregulatorybody. any factors notgoverned by the',
41854:'regulatory body will have an effective date as agreed to by the parties. note: insert language prescribed in 41.501d1. end',
41855:'of clause 52.2418change in rates or terms and conditions of service for unregulatedservices. as prescribed in 41.501d2, insert a clause',
41856:'substantially the same as the following: change in rates or terms and conditions of service for unregulated services feb 1995',
41857:'a this clause appliesto theextent that services furnished hereunder are not subject to regulationby aregulatorybody. 52.2443 52.2419 federal acquisition regulation',
41858:'b after [insert date], either party may request a change in rates or terms and conditions of service, unless otherwise',
41859:'provided in this contract. both parties agree to enter in negotiations concerning such changes upon receipt of a written request',
41860:'detailing the proposed changes and specifying the reasons for the proposed changes. c theeffective date ofany change shall be as',
41861:'agreedto by the parties. thecontractor agrees that throughout the life of this contract therates so negotiated will not be in',
41862:'excess of published and unpublished rates charged to any other customer of the same class under similar terms and conditions',
41863:'of use and service. d the failure of the parties to agree upon any change after a reasonable period of',
41864:'time shall be a dispute under the disputes clause of this contract. e any changes to rates, terms, or conditions',
41865:'as a result of such negotiations shall be made a part of this contract by the issuance of a contract',
41866:'modification. end of clause 52.2419 connection charge. as prescribed in 41.501d3, insert a clause substantially the same as the following:',
41867:'connection charge feb 1995 a charge. in consideration of the contractor furnishing and installing at its expense the new connection',
41868:'facilities described herein,the government shall pay the contractora connection charge. the payment shall bein the form of progress payments, advance',
41869:'payments oras a lump sum, as agreed to bythe parties and as permitted by applicablelaw. the total amount payable shall',
41870:'be either the estimated cost of $ less the agreed to salvage value of $, or the actual cost less',
41871:'the salvage value, whichever is less. as a condition precedent to final payment, the contractor shall execute a release of',
41872:'any claims against the government arising under or by the virtue of such installation. b ownership, operation, maintenance and repair',
41873:'of new facilities to be provided. the facilities to be supplied by the contractor under thisclause, notwithstandingthe paymentby the government',
41874:'ofa connection charge, shall be and remain the property of the contractor and shall, at all times during the life',
41875:'of this contract or any renewals thereof, be operated, maintained,andrepaired by the contractorat its expense. all taxes and other charges',
41876:'in connection therewith, togetherwith all liability arising out of the construction, operations, maintenance, or repair of such facilities, shall be',
41877:'the obligation of the contractor. c credits. 1 the contractor agrees to allow the government, on each monthly bill for',
41878:'service furnished under this contract to the service location, a credit of percent of the amount of each such bill',
41879:'as rendered until the accumulation of credits shall equal theamount of such connection charge, provided thatthe contractor may at any',
41880:'timeallow a credit upto 100 percent of the amount of each such bill. 2 in the event the contractor, before',
41881:'any termination of this contract but aftercompletion of thefacilities provided for in this clause, serves any customer other than the',
41882:'government regardless of whether the government is being served simultaneously,intermittently, or not at all by means of thesefacilities,the contractor shall',
41883:'promptly notify the government in writing. unless otherwise agreed by the parties in writing at that time, the contractor shall',
41884:'promptly accelerate the credits provided for under paragraph c1 of this clause, up to 100 percent of each monthly bill',
41885:'until there is refunded the amount that reflects the government’sconnectioncosts for thatportion of the facilities used in serving others. 3',
41886:'in the event the contractor terminates this contract, or defaults in performance, prior to full credit of any connection charge',
41887:'paid bythe government, thecontractor shall pay to thegovernmentan amountequal to the uncredited balance of the connection charge asof the date',
41888:'of the termination or default. d termination before completion of facilities. the government reserves the right to terminate this contract',
41889:'at any time before completionof the facilitieswith respect to which the government is to pay a connection charge. in the',
41890:'event the government exercises this right, the contractor shall be paid the cost of any work accomplished, including direct and',
41891:'indirect costs reasonably allocable to the completed work prior to the time of termination by the government, plus the cost',
41892:'of removal, less the salvage value. e termination after completion of facilities. in the event the government terminates this contract',
41893:'after completion of thefacilities withrespect to which thegovernmenthas paida connection charge, but before the crediting in full bythe contractor of',
41894:'any connection chargein accordance with theterms ofthiscontract, the contractorshallhavethe following options: 52.2444 subpart 52.2 text of provisions and clauses 52.24111',
41895:'1 to retain inplace for months after the notice of termination by the government such facilities on condition that i',
41896:'if, during such month period, the contractor serves any other customer by means of such facilities, the contractor, shall, in',
41897:'lieu of allowing credits, pay the government during such period installments in likeamount, manner, and extent as the credit provided',
41898:'for under paragraph c of this clause before such termination; and ii immediately after such month period the contractor shall',
41899:'promptly pay in full to the government the uncredited balance of the connection charge. 2 to remove such facilities at',
41900:'the contractor’s own expense within months after the effective date of the termination by the government. if the contractor elects',
41901:'to remove such facilities, the government shall then have the option of purchasingsuch facilities at theagreed salvage value set forth',
41902:'herein; and provided further,that the contractorshall, at the direction of the government, leave in place such facilities located on government',
41903:'property which the government elects to purchase at the agreed salvage value. end of clause alternate i feb 1995. if',
41904:'the contracting officer determines that a nonrefundablecharge is to be paid and nocredits are due the government, delete paragraphs c',
41905:'and e, renumber paragraph d as c and add the following as paragraph d: d termination after completion of facilities.',
41906:'in the event the government terminates this contract after completion of thefacilities withrespect to which thegovernmentis topaya connection charge, the',
41907:'contractor shall have the following options: 1 to retain inplace for months after the notice of termination by the government.',
41908:'if the contractor and the government have not agreed on terms for retention in place beyond months, then the contractor',
41909:'must remove the facilities pursuant to the terms of paragraph d2 of this clause. 2 to remove such facilities at',
41910:'the contractors own expense within months after the effective date of the termination by the government. if the contractor elects',
41911:'to remove such facilities, the government shall then have the option of purchasingsuch facilities at theagreed salvage value set forth',
41912:'herein; and provided further,that the contractorshall, at the direction of the government, leave in place such facilities located on government',
41913:'property which the government elects to purchase at the agreed salvage value. 52.24110 termination liability. as prescribed in 41.501d4, insert',
41914:'a clause substantially the same as the following: termination liability feb 1995 a if the government discontinues utility service under',
41915:'this contract before completion of the facilities cost recovery period specified in paragraph b of this clause, in consideration of',
41916:'the contractor furnishing and installing at its expense, the new facility described herein,the government shall pay termination charges, calculated as',
41917:'setforth in this clause. b facility cost recovery period. the period of time, not exceeding the term of this contract,',
41918:'during which the net cost of the new facility shall be recovered by the contractor is months. [insert negotiated duration.]',
41919:'c net facility cost. the cost ofthe new facility,less the agreed upon salvage value of such facility, is $. [insert',
41920:'appropriate dollar amount.] d monthly facility cost recovery rate. the monthly facility cost recovery rate which the government shall pay',
41921:'the contractor whether or not service is received is $. [divide the net facility cost in paragraph c of this',
41922:'clause by the facility’s cost recovery period in paragraph b of this clause and insert the resultant figure.] e termination',
41923:'charges. termination charges = $. [multiply the remaining months of the facilitys cost recovery period specified in paragraph b of',
41924:'this clause by the monthly facility cost recovery rate in paragraph d of this clause and insert the resultant figure.]',
41925:'f ifthe contractor has recovered its capitalcosts at the time of termination there will beno termination liability charge. end of',
41926:'clause 52.24111 multiple service locations. as prescribed in 41.501d5, insert a clause substantially the same as the following: 52.2445 52.24112',
41927:'federal acquisition regulation multiple service locations feb 1995 a at anytime by written order, thecontracting officer may designate any location',
41928:'within the service area ofthe contractor at which utility service shall commence or be discontinued. any changes to the service',
41929:'specifications shall be made a part of the contract by the issuance of a contract modification to include the name',
41930:'and location of the service, specifying any different rate, thepointof delivery, different service specifications,and any other terms andconditions. b the',
41931:'applicable monthlycharge specified inthiscontract shall be equitably prorated from the periodin which commencement or discontinuance of service at any service',
41932:'location designated under the service specifications shall become effective. end of clause 52.24112 nonrefundable, nonrecurringservice charge. as prescribed in 41.501d6,',
41933:'insert a clause substantially the same as the following: nonrefundable, nonrecurring service charge feb 1995 asprovided herein, thegovernment will pay',
41934:'a nonrefundable, nonrecurring chargewhen the rules and regulations of a contractor requirethat a customer pay 1a charge for theinitiation of',
41935:'service, 2a contribution in aid of construction, or 3a nonrefundable membership fee. this chargemay be in addition to or in',
41936:'lieu of a connectioncharge. therefore, thereis hereby added to the contractor’s schedule a nonrefundable, nonrecurring charge for in the amount',
41937:'of $ dollars payable . [specify dates or schedules] end of clause 52.24113 capital credits. as prescribed in 41.501d7, insert',
41938:'a clause substantially the same as the following: capital creditsfeb 1995 a the government is a member of the [insert',
41939:'cooperative name], and as any other member, is entitled to capital credits consistent with the bylaws of the cooperative, which',
41940:'states the obligation of the contractor to pay capital credits and which specifies the method and time of payment. b',
41941:'the contractor shall furnish tothe contracting officer, or the designated representative ofthe contracting officer, in writing, on an basis [insert',
41942:'period of time] alist of accrued creditsby contractnumber, year, and deliverypoint. c payment of capital credits will be made by',
41943:'check, payable to the [insert agency name], and forwarded to the contracting officer at [insert agency address], unless otherwise directed',
41944:'in writing by the contracting officer. checks shall citethe current or last contract number and indicatewhetherthe check is partial or',
41945:'final payment for all capital credits accrued. end of clause 52.2446 subpart 52.2 text of provisions and clauses 52.2423 52.242[reserved]',
41946:'52.2421 notice of intent to disallow costs. as prescribed in 42.802, insert the following clause in solicitations and contracts when',
41947:'a costreimbursement contract, a fixedprice incentive contract, or a contract providing for price redetermination is contemplated: notice of intent to',
41948:'disallow costs apr 1984 a notwithstanding any other clause of this contract 1 the contracting officer may at any timeissue',
41949:'tothe contractor awritten notice ofintent todisallow specified costs incurred or planned for incurrence under this contract that have been determined',
41950:'not to be allowable under the contract terms; and 2 the contractor may, after receivinga noticeunder paragraph a1 of thisclause,',
41951:'submita written response to thecontracting officer,with justification for allowance of the costs. if the contractordoes respondwithin 60 days, the contracting',
41952:'officershall, within 60 days of receiving the response, either make a written withdrawal of the notice or issuea written decision.',
41953:'b failure to issuea noticeunder this notice of intent todisallow costs clause shall not affectthe government’s rights to take exception',
41954:'to incurred costs. end of clause 52.2422production progress reports. as prescribed in 42.1107a, insert the following clause: production progress reports',
41955:'apr 1991 a thecontractor shall prepare and submit to thecontracting officer theproduction progress reports specifiedin the contract schedule. b during',
41956:'any delay in furnishing a production progress report required under this contract,the contracting officermay withhold from payment an amount not',
41957:'exceeding $25,000 or 5 percent of the amount of this contract, whichever is less. end of clause 52.2423 penalties for',
41958:'unallowable costs. as prescribed in 42.7097, use the following clause: penalties for unallowable costs dec 2022 a definition. proposal, as',
41959:'used in this clause, means either— 1 a final indirect cost rate proposal submitted by the contractor after the expiration',
41960:'of its fiscal year which i relates to any payment made on the basis of billing rates; or iiwill be',
41961:'used in negotiating the finalcontract price; or 2 the final statement of costs incurred and estimated to be incurred under',
41962:'the incentive price revision clause if applicable, which is used to establish the final contract price. b contractors which include',
41963:'unallowable indirect costs in a proposal may be subject to penalties. the penalties are prescribed in 10 u.s.c. 3748 or',
41964:'41 u.s.c. chapter 43, as applicable, which is implemented in section 42.709 of the federal acquisition regulationfar. c the contractor',
41965:'shall not include in any proposal any cost that is unallowable, as defined in subpart 2.1of the far, or anexecutive',
41966:'agency supplement to thefar. d if the contracting officer determines that a cost submitted by thecontractor in its proposal is',
41967:'expressly unallowable undera cost principle inthe far,or an executive agency supplement to the far, that definesthe allowability ofspecific selected costs,',
41968:'the contractor shall be assessed a penalty equal to– 1 the amount of the disallowed cost allocated to this contract;',
41969:'plus 52.2447 52.2424 federal acquisition regulation 2 simple interest, to be computed i on the amount the contractor was paid',
41970:'whether as a progress or billing payment in excess of the amount to which the contractor was entitled; and iiusing',
41971:'the applicable rate effectiveforeach sixmonth interval prescribed by thesecretary of the treasury pursuant to pub.l.9241 85 stat.97. e if the',
41972:'contracting officer determines that a cost submitted by the contractorin itsproposal includesa cost previously determined to be unallowable for thatcontractor,',
41973:'then thecontractor will be assessed a penaltyin anamount equal to two times the amount of the disallowed cost allocated to',
41974:'this contract. f determinations under paragraphs d and e of this clause are final decisions within the meaning of 41',
41975:'u.s.c. chapter 71, contract disputes. g pursuant to thecriteria in far 42.7096, the contracting officer maywaive thepenalties in paragraphdor e',
41976:'of this clause. h payment by the contractor of any penalty assessed under this clause does not constitute repayment to',
41977:'the government of any unallowable cost which has been paid bythe government to the contractor. end of clause 52.2424certification of',
41978:'finalindirectcosts. as prescribed in 42.7032f, insert the following clause: certification of final indirect costsjan 1997 a the contractor shall 1',
41979:'certify any proposal to establish or modify final indirect cost rates; 2 use the format in paragraph c of this',
41980:'clause to certify; and 3 havethe certificate signedby an individualof the contractor’s organization at a level nolower than a vice',
41981:'president or chieffinancial officerof the business segment of the contractor that submits the proposal. b failure by the contractor to',
41982:'submit a signed certificate, as described in this clause, may result in final indirect costs at rates unilaterally established bythe',
41983:'contracting officer. c the certificate of final indirect costs shall read as follows: certificate of final indirect costs this is',
41984:'to certify that i have reviewed this proposal to establish final indirect cost rates and to the best of my',
41985:'knowledge and belief: 1. all costs included in this proposal identify proposal and date to establish final indirect cost rates',
41986:'for identify period covered byrate are allowablein accordance with thecostprinciplesof the federal acquisition regulation far and its supplements applicable to',
41987:'the contracts to which the final indirect cost rates will apply; and 2. this proposal does not includeanycosts which are',
41988:'expressly unallowable under applicable cost principles of the far or its supplements. firm: signature: name of certifying official: title: date',
41989:'of execution: end of clause 52.2425 payments to small business subcontractors. as prescribed in 42.1504, insert the following clause: payments',
41990:'to small business subcontractors jan 2017 a definitions. as used in this clause52.2 448 subpart 52.2 text of provisions and',
41991:'clauses 52.24214 reduced payment means a payment that is for less than the amount agreed upon in a subcontract in',
41992:'accordance with its terms and conditions,forsupplies and services for whichthe government has paid the prime contractor. untimely payment means a',
41993:'payment that is more than 90 days past due under the terms and conditions of a subcontract, for supplies and',
41994:'services for which the government haspaid the prime contractor. b notice. the contractor shall notify the contracting officer, in writing,',
41995:'not later than 14 days after 1 a small business subcontractor was entitled to payment under the terms and conditions',
41996:'of the subcontract; and 2 the contractor i made a reduced or untimely payment to the small business subcontractor; or',
41997:'iifailed to make a payment, whichis now untimely. c content of notice. the contractor shall include the reasons for making',
41998:'the reduced or untimely payment in any notice required under paragraph b of this clause. end of clause 52.2426 [reserved]',
41999:'52.2427 [reserved] 52.2428 [reserved] 52.2429 [reserved] 52.24210 [reserved] 52.24211 [reserved] 52.24212 [reserved] 52.24213 bankruptcy. as prescribed in 42.903, insert the',
42000:'following clause: bankruptcy july 1995 in the event the contractor enters intoproceedings relating to bankruptcy, whether voluntary orinvoluntary, the contractor',
42001:'agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written notification of the bankruptcyto the',
42002:'contracting officer responsible for administering the contract. this notification shall be furnished within fivedays of the initiation of the proceedings',
42003:'relating to bankruptcy filing. this notification shall include the date on which the bankruptcy petition was filed, the identity of',
42004:'the court in which the bankruptcy petition was filed, and a listing of government contract numbersand contracting offices for all',
42005:'government contractsagainst which final payment has not been made. this obligationremains in effect untilfinal payment under this contract. end of',
42006:'clause 52.24214 suspension of work. as prescribed in 42.1305a, insert the following clause in solicitations and contracts when a fixedprice',
42007:'construction or architectengineer contract is contemplated: suspension of work apr 1984 a thecontracting officer may order the contractor, in writing,',
42008:'to suspend, delay, or interrupt all orany part of the work of thiscontract for the period of time that the',
42009:'contracting officer determines appropriate for the convenience of the government. 52.2449 52.24215 federal acquisition regulation b if the performance of',
42010:'all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted 1byan act',
42011:'of the contracting officer inthe administration of this contract, or 2by the contractingofficer’s failure to act within the time specified',
42012:'in this contract or within a reasonable time if not specified, an adjustment shall be made for any increase in',
42013:'the cost of performance of this contract excluding profit necessarily caused by the unreasonable suspension, delay, or interruption, and thecontract',
42014:'modified in writing accordingly. however,no adjustment shall be made underthis clause for anysuspension, delay, orinterruptionto theextent that performance would have',
42015:'been so suspended, delayed,or interrupted by any other cause,including the fault or negligence ofthe contractor, or for which an equitable',
42016:'adjustment is provided for or excluded under any other term or condition of this contract. c a claim under this',
42017:'clause shall not be allowed 1 for any costs incurred more than 20days beforethe contractor shall have notified the contracting',
42018:'officer in writing of the act or failure to act involved but this requirement shall not apply as to a',
42019:'claim resulting from a suspension order; and 2 unless the claim, in an amount stated, is asserted in writing as',
42020:'soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final',
42021:'payment under the contract. end of clause 52.24215 stopworkorder. as prescribed in 42.1305b, insert the following clause. the 90day period',
42022:'stated in the clause may be reduced to less than 90 days. stopwork order aug 1989 a thecontracting officer may,',
42023:'atany time, by written orderto thecontractor, requirethe contractor to stop all, or any part, of the work called for bythis',
42024:'contractfora period of 90 days after theorder is delivered tothe contractor, and for any further period to which the parties',
42025:'may agree. the order shall be specifically identified as a stopwork order issued under this clause. upon receipt of the',
42026:'order, the contractor shall immediately comply with its terms andtake all reasonablesteps to minimize the incurrence ofcosts allocable tothe work',
42027:'coveredby the order during theperiod of workstoppage. within a period of 90 daysafter astopwork isdelivered to the contractor,or within any',
42028:'extension ofthat period to which the parties shall have agreed,the contracting officershalleither 1 cancel the stopwork order; or 2 terminate',
42029:'thework covered by the order as provided in the default, or the termination for convenience ofthe government, clause of this',
42030:'contract. b if a stopwork order issued under this clause is canceled or the period of the order or any',
42031:'extension thereof expires, thecontractor shall resume work. the contracting officer shall make an equitable adjustment in the delivery scheduleor contract',
42032:'price, or both, and thecontract shall be modified, inwriting, accordingly, if 1 the stopwork orderresults in an increase in the',
42033:'time required for, or inthe contractor’scost properly allocableto, the performance of any part of this contract; and 2 the contractor',
42034:'asserts its right to the adjustment within 30 days after the end of the period of work stoppage; provided, that,',
42035:'if the contracting officer decides the facts justify the action, the contracting officer may receive and act upon the claim',
42036:'submitted at any time before final payment under this contract. c if a stopwork order is not canceled and the',
42037:'work covered by the order is terminated for the convenience of the government, thecontracting officer shall allow reasonablecosts resulting from',
42038:'the stopwork orderin arrivingat the termination settlement. d if a stopwork order is not canceled and the work covered by',
42039:'the order is terminated for default, the contracting officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from',
42040:'the stopwork order. end of clause alternate i apr 1984. if this clause is inserted in a costreimbursement contract, substitute',
42041:'in paragraph a2 the words the terminationclause ofthis contract forthe words the default, orthe terminationforconvenience of the government clause of',
42042:'this contract. in paragraph b substitute the words an equitable adjustment in the delivery schedule, 52.2450 subpart 52.2 text of',
42043:'provisions and clauses 52.24217 theestimated cost, thefee, or a combination thereof, and in any other termsof the contract that may',
42044:'be affected forthe words an equitable adjustment in the delivery schedule or contract price, or both. 52.24216 [reserved] 52.24217 government',
42045:'delay of work. as prescribed in 42.1305c, insert the following clause: government delay of work apr 1984 a if the',
42046:'performance of all or any part of the work of this contract is delayed or interrupted 1by an act of',
42047:'the contracting officerin the administration ofthis contractthat is not expressly or impliedly authorized by thiscontract, or 2by a failure of',
42048:'the contracting officer to act within the timespecified in this contract, or within a reasonable time if not specified, an',
42049:'adjustment excluding profit shall be made for any increase in the cost of performance of this contract caused by the',
42050:'delay or interruption and thecontract shall be modified in writing accordingly. adjustment shall also be made in the delivery or',
42051:'performance dates and any other contractual term or condition affected by the delay or interruption. however, no adjustment shall be',
42052:'made under this clause for any delay or interruption to the extent that performance would have been delayed or interrupted',
42053:'by any other cause, including thefault or negligenceof the contractor,or for which anadjustment is provided or excluded under any other',
42054:'term or condition of this contract. b a claim under this clause shall not be allowed 1 for any costs',
42055:'incurred more than 20days beforethe contractor shall have notified the contracting officer in writing of the act or failure to',
42056:'act involved; and 2 unless the claim, in an amount stated, is asserted in writing as soon as practicable after',
42057:'the termination of the delay or interruption, but not later than the day of final payment under the contract. end',
42058:'of clause 52.2451 this page intentionally left blank. 52.2452 subpart 52.2 text of provisions and clauses 52.2431 52.243[reserved] 52.2431 changesfixedprice.',
42059:'as prescribed in 43.205a1, insert the following clause. the 30day period may be varied according to agency procedures. changesfixed price',
42060:'aug 1987 a thecontracting officer may at any time, by written order,andwithout notice tothe sureties, if any, make changes within',
42061:'the general scope of this contract in any one or more of the following: 1 drawings, designs, or specifications when',
42062:'the supplies to be furnished are to be specially manufactured for the government in accordance with the drawings, designs, or',
42063:'specifications. 2 method of shipment or packing. 3 place of delivery. b if anysuch changecauses an increaseor decrease inthe cost',
42064:'of, or the timerequired for, performance of any part ofthe work under this contract, whether or not changed by the',
42065:'order, the contracting officer shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall',
42066:'modify the contract. c the contractor must assert its right to an adjustment under this clause within 30 days from',
42067:'the date of receipt of the written order. however, if the contracting officer decides that the facts justify it,the contracting',
42068:'officermay receive and act upon a proposal submitted before final payment of the contract. d if the contractor’s proposal includes',
42069:'the cost of property made obsolete orexcess by the change, the contracting officer shall have the right to prescribe the',
42070:'manner of thedisposition of the property. e failure toagreeto any adjustment shall be a dispute under the disputes clause. however,',
42071:'nothingin this clause shall excuse the contractor from proceeding with the contract as changed. end of clause alternate i apr',
42072:'1984. if the requirement is for services, other than architectengineer or other professional services, and no supplies are to be',
42073:'furnished, substitute the following paragraph a for paragraph a of the basic clause: a thecontracting officer may at any time,',
42074:'by written order,andwithout notice tothe sureties, if any, make changes within the general scope of this contract in any one',
42075:'or more of the following: 1 description of services to be performed. 2 timeof performance i.e., hours of the day,',
42076:'days ofthe week, etc.. 3 place of performance of the services. alternate ii apr 1984. if the requirement is for',
42077:'services other than architectengineer services, transportation, or research and development and supplies are to be furnished, substitute the following paragraph',
42078:'a for paragraph a of the basic clause: a thecontracting officer may at any time, by written order,andwithout notice tothe',
42079:'sureties, if any, make changes within the general scope of this contract in any one or more of the following:',
42080:'1 description of services to be performed. 2 timeof performance i.e., hours of the day, days ofthe week, etc.. 3',
42081:'place of performance of the services. 4 drawings, designs, or specifications when the supplies to be furnished are to be',
42082:'specially manufactured for the government, in accordance with the drawings, designs, or specifications. 5 method of shipment or packing of',
42083:'supplies. 6 place of delivery. alternate iii apr 1984. if the requirement is for architectengineer or other professional services, substitute',
42084:'the following paragraph a for paragraph a of the basic clause and add the following paragraph f: a thecontracting officer',
42085:'may at any time, by written order,andwithout notice tothe sureties, if any, make changes within the general scope of this',
42086:'contract in the services to be performed. f no services for which anadditional cost or fee will be charged by',
42087:'the contractor shall be furnishedwithout the prior written authorization of the contracting officer. 52.2453 52.2432 federal acquisition regulation alternate iv',
42088:'apr 1984. if the requirement is for transportation services, substitute the following paragraph a for paragraph a of the basic',
42089:'clause: a thecontracting officer may at any time, by written order,andwithout notice tothe sureties, if any, make changes within the',
42090:'general scope of this contract in any one or more of the following: 1 specifications. 2 work or services. 3',
42091:'place of origin. 4 place of delivery. 5 tonnageto beshipped. 6 amount of governmentfurnishedproperty. alternate v apr 1984. if the',
42092:'requirement is for research and development and it is desired to include the clause, substitute the following paragraphs a1 and',
42093:'a3 and paragraph b for paragraphs a1 and a3 and paragraph b of the basic clause: a 1 drawings, designs,',
42094:'or specifications. 3 place of inspection, delivery, oracceptance. b if anysuch changecauses an increaseor decrease inthe cost of, or time',
42095:'required for, performing this contract, whether or notchanged by theorder,the contracting officershallmake an equitable adjustment in 1 the contract price,',
42096:'the time of performance, or both; and 2 otheraffected termsof the contract, and shall modify the contract accordingly. 52.2432 changescostreimbursement.',
42097:'as prescribed in 43.205b1, insert the following clause. the 30day period may be varied according to agency procedures. changescostreimbursement aug',
42098:'1987 a thecontracting officer may at any time, by written order,andwithout notice tothe sureties, if any, make changes within the',
42099:'general scope of this contract in any one or more of the following: 1 drawings, designs, or specifications when the',
42100:'supplies to be furnished are to be specially manufactured for the government in accordance with the drawings, designs, or specifications.',
42101:'2 method of shipment or packing. 3 place of delivery. b if anysuch changecauses an increaseor decrease inthe estimated cost',
42102:'of, or thetime required for, performance of any part ofthe work under this contract, whether or not changed by the',
42103:'order, or otherwise affects any other termsandconditions of this contract, thecontracting officer shall make anequitable adjustmentin the 1 estimated cost,',
42104:'delivery or completion schedule, or both; 2 amount of any fixed fee; and 3 otheraffected termsandshallmodify thecontract accordingly. c the',
42105:'contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of',
42106:'the written order. however, if the contracting officer decides that the facts justify it,the contracting officermay receive and act upon',
42107:'a proposal submitted before final payment of the contract. d failure to agree to any adjustment shall be a disputeunder',
42108:'thedisputes clause. however, nothing in this clause shall excuse the contractor from proceeding with the contract as changed. e notwithstanding',
42109:'the terms and conditions of paragraphs a and b of this clause, the estimated cost of this contract and, if',
42110:'this contract is incrementally funded, the funds allotted for the performance of this contract, shall not be increased or considered',
42111:'to be increased except by specific written modification of the contract indicating the new contract estimated cost and, if this',
42112:'contract is incrementally funded, the new amount allotted to the contract. until this modification is made, the contractor shall not',
42113:'be obligated to continue performance or incur costs beyond the point established in the limitation of cost or limitation of',
42114:'funds clause of this contract. end of clause 52.2454 subpart 52.2 text of provisions and clauses 52.2433 alternate i apr',
42115:'1984. if the requirement is for services and no supplies are to be furnished, substitute the following paragraph a for',
42116:'paragraph a of the basic clause: a thecontracting officer may at any time, by written order,andwithout notice tothe sureties, if',
42117:'any, make changes within the general scope of this contract in any one or more of the following: 1 description',
42118:'of services to be performed. 2 timeof performance i.e., hours of the day, days ofthe week, etc.. 3 place of',
42119:'performance of the services. alternate ii apr 1984. if the requirement is for services and supplies are to be furnished,',
42120:'substitute the following paragraph a for paragraph a of the basic clause: a thecontracting officer may at any time, by',
42121:'written order,andwithout notice tothe sureties, if any, make changes within the general scope of this contract in any one or',
42122:'more of the following: 1 description of services to be performed. 2 timeof performance i.e., hours of the day, days',
42123:'ofthe week, etc.. 3 place of performance of the services. 4 drawings, designs, or specifications when the supplies to be',
42124:'furnished are to be specially manufactured for the government in accordance with the drawings, designs, or specifications. 5 method of',
42125:'shipment or packing of supplies. 6 place of delivery. alternate iii apr 1984. if the requirement is for construction, substitute',
42126:'the following paragraph a for paragraph a of the basic clause: a thecontracting officer may at any time, by written',
42127:'order,andwithout notice tothe sureties, if any, make changes within the general scope of this contract in the plans and specifications',
42128:'or instructions incorporated in the contract. alternate iv [reserved] alternate v apr 1984. if the requirement is for research and',
42129:'development, and it is desired to include the clause, substitute the following paragraphs a1 and a3 for paragraphs a1 and',
42130:'a3 of the basic clause: a 1 drawings, designs, or specifications. 3 place of inspection, delivery, oracceptance. 52.2433changestimeandmaterials or laborhours.',
42131:'as prescribed in 43.205c, insert the following clause: changestimeandmaterials or laborhours sept 2000 a thecontracting officer may at any time,',
42132:'by written order,andwithout notice tothe sureties, if any, make changes within the general scope of this contract in any one',
42133:'or more of the following: 1 description of services to be performed. 2 timeof performance i.e., hours of the day,',
42134:'days ofthe week, etc.. 3 place of performance of the services. 4 drawings, designs, or specifications when the supplies to',
42135:'be furnished are to be specially manufactured for the government in accordance with the drawings, designs, or specifications. 5 method',
42136:'of shipment or packing of supplies. 6 place of delivery. 7 amount of governmentfurnishedproperty. b if any change causes an',
42137:'increase or decrease in any hourly rate, the ceiling price, or the time required for performance of any part of',
42138:'the workunder this contract, whether or not changedby the order, orotherwise affects any other terms and conditions of this contract,',
42139:'the contracting officer will make anequitable adjustmentin any one ormore of the following and will modify the contract accordingly: 1',
42140:'ceiling price. 2 hourly rates. 3 delivery schedule. 4 otheraffected terms. 52.2455 52.2434 federal acquisition regulation c the contractor shall',
42141:'assert its right to an adjustment under this clause within 30 days from the date of receipt of the written',
42142:'order. however, if the contracting officer decides that the facts justify it,the contracting officermay receive and act upon a proposal',
42143:'submitted before final payment of the contract. d failure to agree to any adjustment will be a dispute under the',
42144:'disputes clause. however, nothingin this clause excuses the contractor from proceeding with the contract as changed. end of clause 52.2434',
42145:'changes. as prescribed in 43.205d, insert the following clause: the 30day period may be varied according to agency procedures. changes',
42146:'june 2007 a thecontracting officer may, atany time, without noticeto the sureties,if any, by writtenorder designated or indicated to be',
42147:'a change order,makechangesin the work within the generalscope of the contract, including changes 1 in the specifications including drawings and',
42148:'designs; 2 in the method or manner of performance of the work; 3 in the governmentfurnished property or services; or',
42149:'4 directing acceleration in the performance of the work. b any other written or oral order which, as used in',
42150:'this paragraph b, includes direction, instruction, interpretation, or determination from the contracting officer thatcausesa change shall be treatedas a change',
42151:'orderunder this clause; provided,that thecontractor gives thecontracting officer writtennotice stating 1 the date, circumstances, and source of the order; and',
42152:'2 that the contractor regards the order as a change order. c except as provided in this clause,no order, statement,',
42153:'orconduct of the contractingofficer shall be treated as a change under this clause or entitle the contractor to an equitable',
42154:'adjustment. d if anychange underthis clause causesan increase ordecrease in the contractor’s cost of, or the time required for,the performanceof',
42155:'any part of the work underthiscontract, whether ornot changed by any such order, the contracting officer shall make anequitable adjustmentandmodify',
42156:'thecontract in writing. however, except for an adjustment basedon defective specifications, no adjustment for any change under paragraph b of',
42157:'this clause shall be made for any costs incurred more than 20 days before the contractor gives written notice as',
42158:'required. in the case of defective specifications for which the government is responsible, the equitable adjustment shall include any increased',
42159:'cost reasonably incurred by the contractor in attempting to comply with the defective specifications. e the contractor must assert its',
42160:'right to an adjustment under this clause within 30 days after 1 receipt of a written change order under paragraph',
42161:'a of this clause or 2 the furnishing of a written notice under paragraph b of this clause, by submitting',
42162:'to the contracting officer a written statement describing the generalnature andamount of the proposal, unless this period is extended by',
42163:'the government. the statement of proposal for adjustment may be included in the notice under paragraph b of this clause.',
42164:'f no proposal by the contractor for an equitable adjustment shall be allowed if asserted after final payment under this',
42165:'contract. end of clause 52.2435 changes and changed conditions. as prescribed in 43.205e, insert the following clause: changes and changed',
42166:'conditions apr 1984 a thecontracting officer may, in writing,order changes in the drawings and specifications within the general scope of',
42167:'the contract. b the contractor shall promptly notify thecontracting officer,in writing, ofsubsurfaceor latent physicalconditions differing materially fromthose indicated inthis contractor',
42168:'unknown unusual physical conditions atthe site before proceeding with the work. 52.2456 subpart 52.2 text of provisions and clauses 52.2437',
42169:'c if changes under paragraph a or conditions under paragraph b increase or decrease the cost of, or time required',
42170:'for performingthe work, thecontracting officer shall make anequitable adjustment see paragraph d upon submittal of a proposal for adjustment hereafter',
42171:'referred to as proposal by the contractor before final payment under the contract. d the contracting officer shall not make',
42172:'anequitable adjustmentunder paragraph b unless 1 the contractor has submitted and the contractingofficer has received the requiredwritten notice; or 2',
42173:'the contracting officer waives the requirement for the written notice. e failure to agree to any adjustment shall be a',
42174:'dispute under the disputes clause. end of clause 52.2436 change order accounting. as prescribed in 43.205f,thecontractingofficermayinsertaclause,substantiallythesameasfollows: change order accountingapr 1984',
42175:'the contracting officer may requirechange order accounting whenever the estimatedcost of a change or seriesof related changes exceeds $100,000. the',
42176:'contractor, for each change or seriesof related changes, shall maintain separate accounts, by job order or other suitable accounting procedure,',
42177:'of all incurred segregable, direct costs less allocable credits of work, both changed and not changed, allocable to the change.',
42178:'the contractor shall maintain such accounts until the parties agree to an equitable adjustment for thechangesordered by the contracting officer',
42179:'or thematter is conclusively disposed of in accordance with the disputes clause. end of clause 52.2437 notification of changes. as',
42180:'prescribed in 43.107, insert the following clause: notification of changes jan 2017 a definitions. contracting officer, as usedin this clause,',
42181:'does notinclude anyrepresentative of the contracting officer. specifically authorized representative sar, as used inthisclause, means any person the contracting officer',
42182:'hasso designated by written notice a copy of which shall be provided to the contractor which shall refer to this',
42183:'paragraph and shall beissuedto thedesignated representative beforethe sar exercises such authority. b notice. the primary purpose of this clause is',
42184:'to obtain prompt reporting of government conduct that the contractor considers to constitute a change to this contract. except for',
42185:'changes identified as such in writing and signed by the contracting officer, thecontractor shall notify the administrative contracting officer in',
42186:'writing promptly, within to be negotiated calendar days from the date that the contractor identifies any government conduct including actions,',
42187:'inactions, and written or oral communications that the contractor regards as a change to the contract terms and conditions. on',
42188:'the basisof the most accurate information available tothe contractor, the notice shall state 1 the date, nature, and circumstances of',
42189:'the conduct regarded as a change; 2 the name, function, andactivity of each government individual and contractor official oremployee involved',
42190:'in or knowledgeable about such conduct; 3 the identification of any documents and the substance of any oral communication involved',
42191:'in such conduct; 4 in the instance ofalleged acceleration ofscheduled performance or delivery, the basis uponwhich it arose; 5 the',
42192:'particular elements of contract performance for which the contractor may seek an equitable adjustment under this clause, including iwhatline items',
42193:'have been ormay be affected bythe alleged change; ii what labor or materials or both have been or may be',
42194:'added, deleted, or wasted by the alleged change; iii to the extent practicable,what delay and disruption inthe mannerandsequenceof performance and',
42195:'effect on continued performance have been or may be caused by the alleged change; iv what adjustments to contract price,',
42196:'delivery schedule, and other provisionsaffected by theallegedchange are estimated; and 52.2457 52.2437 federal acquisition regulation 6 the contractor’s estimate of',
42197:'thetime by which the government must respond to the contractor’s notice to minimize cost, delay or disruption of performance. c',
42198:'continued performance. following submission of the notice required by paragraph b of this clause, the contractor shall diligently continue performance',
42199:'of this contract to the maximum extent possible in accordance with its terms and conditions as construedby the contractor,unlessthe notice',
42200:'reports a direction of thecontracting officer or a communication from asar of the contracting officer, in either of whichevents thecontractor',
42201:'shall continue performance;provided, however, that if the contractor regards the direction or communication as a change as described in paragraphbof',
42202:'this clause, notice shall be given in the manner provided. all directions, communications, interpretations, orders and similar actions of the',
42203:'sar shall be reduced towriting promptly and copies furnished to the contractor and to the contracting officer. the contracting officer',
42204:'shall promptly countermandanyaction which exceeds the authority ofthe sar. d government response. the contracting officer shall promptly,within to be negotiated',
42205:'calendar days after receipt ofnotice,respond to the notice in writing. in responding, the contractingofficer shall either 1 confirm that the',
42206:'conduct of which the contractor gave notice constitutes a change and when necessary direct the mode of further performance; 2',
42207:'countermand any communication regarded as a change; 3 deny that the conduct of which the contractor gave notice constitutes a',
42208:'change and when necessary direct the mode of further performance; or 4 in the event the contractor’s notice information is',
42209:'inadequate to make a decision under paragraphs d1, 2, or 3 of this clause, advise the contractor what additional information',
42210:'is required, and establish the date by which it should be furnished and the date thereafter by which the government',
42211:'will respond. e equitable adjustments. 1ifthecontractingofficerconfirmsthatgovernmentconducteffectedachangeasalleged by the contractor, and the conduct causes anincrease or decreasein thecontractor’s cost of, or',
42212:'the timerequired for, performance of any part of the work under this contract, whether changed or not changed by such',
42213:'conduct, an equitable adjustment shall be made i in the contract price or delivery schedule or both; and iiin such',
42214:'other provisions of the contract as may beaffected. 2 the contract shall bemodified inwriting accordingly. inthe case of drawings, designs',
42215:'or specificationswhich are defective and for which the government is responsible, the equitable adjustment shall include the cost and time',
42216:'extension for delay reasonably incurred by the contractor in attempting to comply with the defective drawings, designs or specifications before',
42217:'the contractor identified, or reasonably should have identified, such defect. when the cost of property made obsolete orexcess as aresult',
42218:'ofa change confirmed by thecontracting officer underthis clause is included in the equitable adjustment, thecontracting officer shall have therightto prescribe',
42219:'themanner of disposition of the property. the equitable adjustment shall not include increased costs or timeextensions for delay resulting from',
42220:'the contractor’s failure toprovide notice orto continueperformance as provided, respectively, in paragraphs b and cof this clause. note: the phrases',
42221:'contract price and cost wherever they appear in the clause, may be appropriately modified to apply to costreimbursement or incentive',
42222:'contracts, or to combinations thereof. end of clause 52.2458 subpart 52.2 text of provisions and clauses 52.2442 52.244[reserved] 52.2441 [reserved]',
42223:'52.2442 subcontracts. as prescribed in 44.204a1, insert the following clause: subcontracts jun 2020 a definitions. as used in this clause',
42224:'approved purchasing system means a contractor’s purchasing systemthat has been reviewed and approved in accordance with part 44ofthefederalacquisitionregulationfar. consent to',
42225:'subcontract meansthe contracting officer’s written consent for the contractor to enter into a particular subcontract. subcontract meansanycontract,asdefinedinfar subpart 2.1, entered',
42226:'into by a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract. it includes,',
42227:'but is not limited to, purchase orders, and changes and modifications to purchase orders. b when this clause is included',
42228:'in a fixedprice type contract, consent to subcontract is required only on unpriced contract actions including unpriced modifications or unpriced',
42229:'delivery orders, and only if required in accordance with paragraph c or d of this clause. c if the contractor',
42230:'does not have an approved purchasing system, consent to subcontract is required for any subcontract that 1 is of the',
42231:'costreimbursement, timeandmaterials, or laborhour type; or 2 is fixedprice and exceeds i for a contract awarded by the department of',
42232:'defense, the coast guard, or the national aeronautics and space administration, the greater of the simplified acquisition threshold, as definedin',
42233:'far 2.101 on the date of subcontract award, or 5 percent of the total estimated cost of the contract; or',
42234:'ii for a contract awarded by a civilian agency other than the coast guard and the national aeronautics and space',
42235:'administration, either thesimplified acquisition threshold,as defined in far 2.101 on the date of subcontract award, or 5 percent of the',
42236:'total estimated cost of the contract. d if the contractor hasan approved purchasing system, the contractor neverthelessshallobtain the contracting officer’s',
42237:'written consent before placing the following subcontracts: e 1thecontractorshallnotifythecontractingofficerreasonablyinadvanceofplacinganysubcontractor modification thereof for which consent is required under paragraph b, c,',
42238:'or d of this clause, including the following information: i a description of the supplies or services to be subcontracted.',
42239:'ii identification of the type of subcontract to be used. iii identification of theproposed subcontractor. iv the proposed subcontract price.',
42240:'v the subcontractor’s current, complete, and accurate certified cost or pricing data and certificate ofcurrent cost or pricing data, if',
42241:'required by other contract provisions. vi the subcontractor’s disclosure statementor certificate relating to cost accounting standards whensuch data are required',
42242:'by other provisions of this contract. vii a negotiation memorandum reflecting a the principal elements of the subcontract price negotiations;',
42243:'b the most significant considerations controlling establishment of initial or revised prices; c the reason certified cost or pricing data',
42244:'were or were not required; dthe extent, ifany, to which thecontractor didnot rely on the subcontractor’s certified cost orpricing data',
42245:'in determining the price objective and in negotiating the final price; e theextent to whichitwas recognized inthe negotiation that the',
42246:'subcontractor’s certified cost or pricing data were not accurate, complete, orcurrent; the action taken by the contractorandthe subcontractor; and the',
42247:'effect of any such defective data on the total price negotiated; 52.2459 52.2443 federal acquisition regulation f the reasonsforany significant',
42248:'differencebetween the contractor’s price objective and the price negotiated; and g a complete explanation of the incentive fee or profit',
42249:'plan when incentives are used. the explanation shall identify each critical performance element, management decisions used to quantify each incentive',
42250:'element, reasons for the incentives, and a summary of all tradeoffpossibilities considered. 2 the contractor isnot required tonotify the contracting',
42251:'officer in advance of entering intoany subcontract for which consent is not required under paragraph b, c, or d of',
42252:'this clause. f unless the consent orapproval specifically provides otherwise, neither consent by the contracting officer to any subcontract norapproval',
42253:'of thecontractor’s purchasing system shall constitute adetermination 1 of the acceptability of any subcontract terms or conditions; 2 of the',
42254:'allowability of any cost under this contract; or 3 to relieve the contractor of anyresponsibilityforperforming this contract. g no subcontract',
42255:'or modification thereof placed under this contract shall provide for payment on a costplusapercentage ofcost basis, and any fee payable',
42256:'under costreimbursement type subcontracts shall not exceed the fee limitations in far 15.4044c4i. h the contractor shall give the contracting',
42257:'officer immediate written notice of any actionor suit filed and prompt notice ofanyclaim made against the contractor by any subcontractor',
42258:'or vendor that, in the opinion of the contractor, may result in litigation related in any way to this contract,',
42259:'with respect to which the contractor may be entitled to reimbursement from the government. ithegovernmentreservestherighttoreviewthecontractor’spurchasingsystemassetforthinfar subpart 44.3. j paragraphs c',
42260:'and e of this clause do not apply to the following subcontracts, which were evaluated during negotiations: end of clause',
42261:'alternate i june 2020. as prescribed in 44.204 a2, substitute the following paragraph e2 for paragraph e2 of the basic',
42262:'clause: e2 if the contractor has an approved purchasing system and consent is not required under paragraph c, or d',
42263:'of this clause, the contractor nevertheless shall notify thecontracting officer reasonablyin advanceof entering into any i costplus fixedfee subcontract, or',
42264:'ii fixedprice subcontract that exceeds either the simplified acquisition threshold, as defined in far 2.101 on the date of subcontract',
42265:'award, or 5 percent of the total estimated cost of this contract. the notification shall include the information required by',
42266:'paragraphs e1i through iv of this clause. 52.2443 [reserved] 52.2444subcontractors and outside associates and consultants architectengineer services. as prescribed in',
42267:'44.204b, insert the following clause: subcontractors and outside associates and consultants architectengineer services aug 1998 any subcontractors and outside associates',
42268:'or consultants required by the contractor in connection with the services covered by the contract will be limited to individuals',
42269:'or firms that were specifically identified and agreed to during negotiations. the contractor shall obtain the contracting officer’s written consent',
42270:'beforemaking any substitution for these subcontractors, associates, or consultants. end of clause 52.2445 competition in subcontracting. as prescribed in 44.204c,',
42271:'insert the following clause: competition in subcontracting aug 2024 52.2460 fac 202501 november 12, 2024 subpart 52.2 text of provisions',
42272:'and clauses 52.2446 a the contractor shall select subcontractors including suppliers on a competitive basis to the maximum practical extent',
42273:'consistent with the objectives and requirements of the contract. b if the contractor is an approved mentor under the dod',
42274:'mentorprotégé program 10 u.s.c. 4902, the contractor may award subcontracts under this contract on a noncompetitive basis to its protégés.',
42275:'end of clause 52.2446subcontracts for commercial products and commercial services. as prescribed in 44.403, insert the following clause: subcontracts for',
42276:'commercial products and commercial services nov 2024 a definitions. as used in this clause— commercial product, commercial service and commercially',
42277:'available offtheshelf item have the meanings contained in federalacquisition regulation far 2.101. subcontract includes a transfer of commercial products or',
42278:'commercial services between divisions, subsidiaries, or affiliates of the contractor or subcontractor at any tier. b to the maximumextent practicable,',
42279:'the contractor shall incorporate, andrequire itssubcontractors at all tiers to incorporate, commercial products, commercial services, or nondevelopmental items as components',
42280:'of items to be supplied under this contract. c 1 the contractor shall insert the following clauses in subcontracts for',
42281:'commercial products or commercial services: i 52.20313, contractor code of business ethics and conduct nov 2021 41 u.s.c. 3509, if',
42282:'the subcontract exceeds the thresholdspecified in far 3.1004a on the date of subcontract award, and has a performance period of',
42283:'more than 120 days. in altering this clause to identify the appropriate parties, all disclosures of violation of the civil',
42284:'false claims act or offederal criminal law shall bedirected to the agency office of the inspector general, with a copy',
42285:'to the contracting officer. ii 52.20315, whistleblower protections under the american recovery and reinvestment act of 2009 jun 2010 section',
42286:'1553 of pub. l. 1115,if the subcontract is funded under the recovery act. iii 52.20317, contractor employee whistleblower rights nov',
42287:'2023 41 u.s.c. 4712; this clause does not apply tocontracts of dod, nasa, the coast guard, or applicable elementsof the',
42288:'intelligence community—see far 3.900a. iv 52.20319, prohibition on requiring certain internal confidentiality agreements or statements jan 2017. v 52.20421, basic',
42289:'safeguarding of covered contractor information systems nov 2021 , other than subcontracts for commercially availableofftheshelf items, ifflow down is required',
42290:'in accordance with paragraph c of far clause 52.20421. vi 52.20423, prohibition on contracting for hardware, software, and services developed',
42291:'or provided by kaspersky lab covered entities dec 2023 section 1634of pub. l. 11591. vii 52.20425, prohibition on contracting for',
42292:'certaintelecommunicationsand video surveillance services or equipment. nov 2021 section 889a1a of pub. l. 115232. viii 52.20427, prohibition on a bytedance',
42293:'covered application jun 2023 section 102 of division r of pub. l. 117328. ix a 52.20430, federal acquisition supply chain',
42294:'security act orders—prohibition. dec 2023 pub. l. 115– 390, title ii. b alternate i dec 2023 of 52.20430. x 52.2198,',
42295:'utilization of small business concerns feb 2024 15 u.s.c.637d2 and 3, if the subcontract offers further subcontracting opportunities. ifthe subcontractexcept',
42296:'subcontracts to small business concernsexceeds the applicable thresholdspecified in far 19.702a on the date of subcontract award, the subcontractor must',
42297:'include 52.2198 in lowertier subcontracts that offer subcontracting opportunities. xi 52.22221, prohibition of segregated facilities apr 2015. xii 52.22226, equal',
42298:'opportunity sept 2016 e.o.11246. xiii 52.22235, equal opportunity for veterans jun 2020 38 u.s.c.4212a; xiv 52.22236, equal opportunity for workers',
42299:'with disabilities jun 202029 u.s.c.793. xv 52.22237, employment reports on veterans jun 2020 38 u.s.c.4212. 52.2461 fac 202501 november 12,',
42300:'2024 52.2446 federal acquisition regulation xvi 52.22240, notification of employee rights under the national labor relations act dec 2010 e.o.',
42301:'13496, if flow down isrequired in accordancewith paragraph f of far clause 52.22240. xvii a 52.22250,combatingtraffickinginpersonsnov 2021 22 u.s.c. chapter',
42302:'78 and e.o. 13627. b alternate i mar 2015 of 52.2225022 u.s.c. chapter 78 and e.o. 13627. xviii 52.22255,minimumwagesforcontractorworkersunderexecutiveorder14026 jan',
42303:'2022, if flow down is required in accordance with paragraph k of far clause 52.22255. xix 52.22262, paid sick leave',
42304:'under executive order 13706 jan 2022 e.o. 13706, if flow down is required in accordance withparagraph m of far clause',
42305:'52.22262. xx a 52.2243,privacytrainingjan 2017 5 u.s.c. 552a if flow down is required in accordance with 52.2243f. b alternate i',
42306:'jan 2017 of 52.2243, if flow down is required in accordance with 52.2243f and the agency specifies that only its',
42307:'agencyprovided training is acceptable. xxi 52.22526, contractors performing private security functions outside the united states oct 2016 section 862, as',
42308:'amended, of the national defense authorization act for fiscal year 2008;10 u.s.c. subtitle a,partv, subpartg note. xxii 52.23240, providing accelerated',
42309:'payments to small business subcontractors mar 2023 , if flow down is required in accordance with paragraphc of far clause',
42310:'52.23240. xxiii 52.2401, prohibition on unmanned aircraft systems manufactured or assembled by american security drone actcovered foreign entities nov 2024',
42311:'sections 18211826,pub. l. 11831, 41 u.s.c. 3901 note prec.. xxiv 52.24764, preference for privately owned u.s.flag commercial vessels nov 2021',
42312:'46 u.s.c. 55305 and 10 u.s.c.2631, ifflow down is requiredin accordance with paragraph d of far clause 52.24764. 2 while',
42313:'not required, the contractor may flow down to subcontracts for commercial products or commercial services a minimal number of additional',
42314:'clauses necessary to satisfy its contractual obligations. d the contractor shall include the terms of this clause, including this paragraph',
42315:'d, in subcontracts awarded under this contract. end of clause 52.2462 subpart 52.2 text of provisions and clauses 52.2451 52.245[reserved]',
42316:'52.2451government property. as prescribed in 45.107a, insert the following clause: government property sep 2021 a definitions. as used in this',
42317:'clause cannibalizemeans toremove parts fromgovernmentpropertyforuse or for installation on other government property. contractoracquired property means property acquired, fabricated, or otherwise',
42318:'provided by the contractor for performing a contract, and to which the government has title. contractor inventory means 1 any',
42319:'property acquired by and in the possession of a contractor or subcontractor under a contract for which title is vested',
42320:'in the government and which exceeds the amounts needed to complete full performance under the entire contract; 2 any property',
42321:'that the government is obligated or has the option to take over under any type of contract, e.g., as a',
42322:'result either of any changes in the specifications or plans thereunder or of the termination of the contract or subcontract',
42323:'thereunder, before completion of the work, for the convenience or at the option of the government; and 3 governmentfurnished property',
42324:'that exceeds the amounts needed to complete full performance under the entire contract. contractor’s managerial personnel means the contractor’s directors,',
42325:'officers,managers, superintendents, or equivalent representativeswho have supervision or direction of 1 all orsubstantially all of the contractor’s business; 2 all',
42326:'orsubstantially all of the contractor’s operationat any oneplant or separate location; or 3 a separate and complete major industrial operation.',
42327:'demilitarization means rendering a product unusablefor, and not restorable to, the purpose for which it wasdesigned oris customarily used. discrepancies',
42328:'incident to shipment meansany differences e.g., count orconditionbetween the items documented to have been shipped and items actually received. equipment',
42329:'means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of',
42330:'a contract. equipment is not intended for sale, and does not ordinarily lose its identity or become acomponent partof another',
42331:'article when put into use. equipmentdoes not include material, real property, special test equipment or special tooling. governmentfurnished property means',
42332:'property in the possession of, or directly acquired by,the government and subsequently furnished to the contractor for performance of a',
42333:'contract. governmentfurnished property includes, but is not limitedto, spares and property furnished for repair, maintenance, overhaul, or modification. governmentfurnished property',
42334:'also includes contractoracquired property if the contractoracquired property is a deliverable under a cost contract when accepted by the government',
42335:'for continued use under the contract. government property means all property owned or leased by the government. government property includes',
42336:'both governmentfurnished and contractoracquiredproperty. government property includes material,equipment, special tooling, specialtest equipment, and realproperty. government property doesnot include intellectual property',
42337:'and software. loss of government property means unintended, unforeseen or accidental loss, damage or destruction to government property that reduces',
42338:'the government’s expectedeconomic benefits ofthe property. loss of government property doesnot include purposeful destructive testing, obsolescence, normal wear and tear',
42339:'or manufacturing defects. loss of government property includes, but is not limited to 1 items that cannot be found after',
42340:'a reasonable search; 2 theft; 3 damage resulting in unexpected harm to property requiring repair to restore the item to',
42341:'usable condition; or 4 destruction resulting from incidents that render the item useless for its intended purpose or beyond economical',
42342:'repair. material means property that may be consumed or expended during the performance of a contract, component parts of a',
42343:'higher assembly, or items that lose their individual identitythroughincorporation into an end item. material does not include equipment, special tooling,special',
42344:'test equipment or real property. 52.2463 52.2451 federal acquisition regulation nonseverable means property that cannot be removed after construction or',
42345:'installation without substantial loss of value or damage to the installed property or to the premises where installed. precious metals',
42346:'means silver, gold, platinum, palladium,iridium, osmium, rhodium, and ruthenium. production scrap means unusable material resulting from production,engineering, operations and maintenance,',
42347:'repair,and research and development contract activities. production scrap may have value when remelted or reprocessed, e.g., textile and metal clippings,',
42348:'borings, and faulty castings and forgings. property means all tangible property,bothreal and personal. property administrator means an authorized representativeof the',
42349:'contracting officer appointed inaccordancewith agency procedures, responsible for administering the contract requirements and obligations relating to government property in the',
42350:'possession ofa contractor. property records means the records created and maintained by the contractor in support of its stewardship responsibilities',
42351:'for themanagement of government property. provide means to furnish, as in governmentfurnished property, or toacquire, as in contractoracquiredproperty. real property',
42352:'see federal management regulation 10271.20 41 cfr 10271.20. sensitive property means property potentially dangerous to the public safety or security',
42353:'if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, andaccountability. examples include weapons,',
42354:'ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals. unit acquisition cost means 1 for governmentfurnished',
42355:'property,the dollar value assigned by the governmentandidentified in the contract; and 2 for contractoracquired property, the cost derived from the',
42356:'contractor’s records that reflect consistently applied generally accepted accounting principles. b property management. 1 the contractor shall have a system',
42357:'of internal controls to manage control, use, preserve, protect, repair, and maintain government property in its possession. the systemshallbe adequateto',
42358:'satisfy the requirements of this clause. in doing so, the contractor shall initiate and maintain the processes, systems, procedures, records,',
42359:'and methodologies necessaryforeffective and efficientcontrol of governmentproperty. the contractor shall disclose any significant changes to its property management system to',
42360:'the property administrator prior to implementation of the changes. the contractor may employ customary commercial practices, voluntary consensus standards, or',
42361:'industryleading practices and standardsthat provide effective and efficient government property management that are necessary and appropriate for the performance of',
42362:'this contract except where inconsistent with law or regulation. 2 the contractor’s responsibility extends from the initial acquisition and receiptof',
42363:'property, through stewardship, custody,anduse until formally relieved of responsibilityby authorized means, includingdelivery,consumption,expending, sale as surplus property, or other disposition, or',
42364:'via a completed investigation, evaluation, and final determination for lost property. this requirement applies toallgovernmentpropertyunder thecontractor’s accountability, stewardship, possession or',
42365:'control, including its vendors or subcontractors see paragraph f1v of this clause. 3 the contractor shall include the requirements of',
42366:'this clause in all subcontracts under which government property is acquired or furnished for subcontract performance. 4 the contractor shall',
42367:'establish and maintain procedures necessary to assess its property management system effectiveness and shall perform periodicinternalreviews, surveillances, self assessments, oraudits.',
42368:'significant findings or results ofsuch reviews and auditspertaining to governmentpropertyshallbe made available to the property administrator. c use of government',
42369:'property. 1 thecontractor shall use government property, either furnished or acquired under this contract, only for performing this contract, unless',
42370:'otherwise provided for in this contract or approved by the contracting officer. 2 modifications or alterations of government property are',
42371:'prohibited, unless they are i reasonable and necessary due to the scope of work under this contract or its terms',
42372:'and conditions; ii required for normal maintenance; or iii otherwise authorized by thecontracting officer. 3 the contractor shall not cannibalize',
42373:'government property unless otherwise provided for in this contract or approved by thecontracting officer. d governmentfurnished property. 1 the government',
42374:'shall deliver to the contractor the governmentfurnished property described in this contract. the government shall furnish related data and information',
42375:'needed for the intended use of the property. thewarranties of suitability of use and timelydelivery of governmentfurnished property do not',
42376:'apply to property acquired or fabricated by the contractor as contractoracquired property and subsequently transferred to another contract with this',
42377:'contractor. 52.2464 subpart 52.2 text of provisions and clauses 52.2451 2 the delivery and/or performance dates specified in this contract',
42378:'are based upon the expectation that the governmentfurnished property will be suitable for contract performance and will be delivered to',
42379:'the contractor by the dates stated in the contract. iif the property is not delivered to thecontractor bythe dates stated',
42380:'in the contract,the contracting officershall, uponthe contractor’stimely writtenrequest, consideran equitable adjustment tothe contract. iiin the event property is received bythe',
42381:'contractor, or for governmentfurnished property after receiptand installation,in a condition not suitable for itsintended use, the contracting officer shall,upon thecontractor’s',
42382:'timely written request, advise the contractor on a course of action to remedy the problem. such action may include repairing,',
42383:'replacing, modifying, returning, or otherwise disposingof the property at the government’s expense. upon completionof the required actions, thecontracting officer shall',
42384:'consider an equitable adjustment to the contract see also paragraph f1iia of this clause. iii the government may, atits option,',
42385:'furnish property in an asis condition. the contractor will begiven the opportunity to inspect such property prior to the property',
42386:'being provided. in such cases, the government makes no warranty with respect to the serviceability and/or suitability of the property',
42387:'for contract performance. any repairs, replacement, and/or refurbishment shall be at the contractor’s expense. 3 ithecontractingofficermaybywrittennotice,atanytime a increase or decrease',
42388:'the amount of governmentfurnished property under this contract; b substitute other governmentfurnished property for the property previously furnished, to be',
42389:'furnished, or to be acquired by the contractor for the government under this contract; or c withdraw authority to use',
42390:'property. iiuponcompletion of any actions under paragraphd3i ofthis clause, and the contractor’s timely written request, the contractingofficer shall consider anequitable',
42391:'adjustment to thecontract. e title to government property. 1 all governmentfurnished property and all property acquired by the contractor, title',
42392:'to which vests in the government under this paragraph collectively referred to as government property, is subject to the provisions',
42393:'of this clause. the government shall retaintitle to all governmentfurnishedproperty. title togovernment property shall not be affected by itsincorporation into',
42394:'orattachment to any property not owned by the government, nor shall government property become afixture orloseits identity as personal property',
42395:'by being attached to any real property. 2 title vests in the governmentforall property acquired or fabricatedby the contractor in',
42396:'accordance withthe financing provisions or other specific requirements for passage of title in the contract. under fixed price type contracts,',
42397:'in the absence of financing provisions or other specific requirements for passage of title in the contract, the contractor retains',
42398:'title to all property acquired by the contractor for use on the contract, except for property identified as a deliverable',
42399:'end item. if a deliverable item is to be retained by the contractor for use after inspection and acceptance by',
42400:'the government, it shall be made accountable to thecontract through a contract modification listing theitem as governmentfurnished property. 3 title',
42401:'under costreimbursement or timeandmaterial contracts or costreimbursable line items under fixed price contracts.i title toall property purchased by thecontractor for',
42402:'which the contractor is entitled to be reimbursed as a direct item of cost under this contractshallpass to andvest in',
42403:'thegovernmentupon thevendor’s delivery of such property. iititleto all other property, the cost of which is reimbursable to the contractor,shallpass to',
42404:'andvest in the government upon a issuance of the property for use in contract performance; b commencement of processing of',
42405:'the property for use in contract performance; or c reimbursement of the cost of the property by the government, whichever',
42406:'occurs first. f contractor plans and systems. 1 contractors shall establish and implement property management plans, systems, and procedures at',
42407:'the contract, program, site or entity level to enable the following outcomes: i acquisition of property. the contractor shall document',
42408:'that all property was acquired consistent with its engineering, production planning, and property control operations. ii receipt of government property.',
42409:'the contractor shall receive government property and document the receipt, record the information necessary to meet the record requirements of',
42410:'paragraph f1iiia1 through 5 of this clause, identify as government owned in a manner appropriate to the type of property',
42411:'e.g., stamp, tag, mark, or other identification, and manage any discrepancies incident to shipment. a governmentfurnished property. the contractor shall',
42412:'furnish a written statement to the property administrator containing all relevant facts, such as cause or condition and a recommended',
42413:'courses of action, if overages, shortages, ordamagesand/or other discrepancies are discovered upon receipt of governmentfurnishedproperty. 52.2465 52.2451 federal acquisition regulation',
42414:'b contractoracquired property. the contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered',
42415:'upon receipt, in shipment of contractoracquired property from a vendor orsupplier, so as to ensure the proper allocability and allowability',
42416:'of associated costs. iii records of government property. the contractor shall create and maintain records of all government property accountable',
42417:'to the contract, including governmentfurnished and contractoracquired property. a property records shall enable a complete, current, auditable record of all',
42418:'transactions and shall, unless otherwiseapproved bythe property administrator, contain the following: 1 the name, part number and description, national stock',
42419:'number if needed for additional item identification tracking and/or disposition, and other data elements as necessary and required in accordance',
42420:'with the terms and conditions of the contract. 2 quantity received or fabricated, issued, and balanceonhand. 3 unit acquisition cost.',
42421:'4 uniqueitem identifier or equivalent if available and necessary for individual item tracking. 5 unit of measure. 6 accountable contract',
42422:'number or equivalent code designation. 7 location. 8 disposition. 9 posting reference and date of transaction. 10 date placed in',
42423:'service if required in accordance with the terms and conditions of the contract. b use of a receipt and issue',
42424:'system for government material. whenapproved by the propertyadministrator, the contractor may maintain, in lieu of formal property records, a file',
42425:'of appropriately crossreferenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption. iv physical inventory.',
42426:'the contractor shall periodically perform, record, and disclose physical inventory results. a final physical inventory shall be performed upon contract',
42427:'completion or termination. the property administrator may waive this final inventory requirement, depending on the circumstances e.g., overallreliability of thecontractor’s',
42428:'system or the property is to be transferred to a followon contract. v subcontractor control. a the contractor shall award',
42429:'subcontracts that clearly identify items to be provided and the extent of any restrictions or limitations on their use. the',
42430:'contractor shall ensure appropriate flow down of contract terms and conditions e.g.,extent of liabilityforloss of government property. b the contractor',
42431:'shall assure its subcontracts are properly administered and reviews are periodically performed to determine the adequacy of the subcontractor’s property',
42432:'management system. vi reports. the contractor shall have a process to create and provide reports of discrepancies, loss of government',
42433:'property,physical inventory results, auditsandselfassessments,corrective actions, andother propertyrelatedreportsas directed by thecontracting officer. vii relief of stewardship responsibility and liability. the contractor',
42434:'shall have a process to enable the prompt recognition, investigation,disclosure and reporting of loss of government property, including losses that',
42435:'occur at subcontractor or alternate site locations. a this process shall include the corrective actions necessary to prevent recurrence. b',
42436:'unless otherwise directed by the property administrator,the contractor shall investigate and report tothe government all incidents of property loss as',
42437:'soon as the facts become known. such reports shall, at a minimum, contain the following information: 1 date of incident',
42438:'if known. 2 the data elements required under f1iiia. 3 quantity. 4 accountablecontract number. 5 a statement indicating current or',
42439:'future need. 6 unit acquisition cost, or if applicable, estimated sales proceeds, estimated repair or replacement costs. 7 all known',
42440:'interests in commingled material of which includes government material. 8 cause and corrective action taken or to be taken to',
42441:'prevent recurrence. 9 a statement that the government will receive compensation coveringthe lossof government property, in the event the contractor',
42442:'was or will be reimbursed or compensated. 10 copies of all supporting documentation. 11 last known location. 52.2466 subpart 52.2',
42443:'text of provisions and clauses 52.2451 12 a statement that the property did or did not contain sensitive, export controlled,',
42444:'hazardous, or toxic material, and that the appropriate agencies and authorities were notified. c unless the contract provides otherwise, the',
42445:'contractor shall be relieved of stewardship responsibility and liability for property when 1 suchpropertyis consumed orexpended, reasonably and properly, or',
42446:'otherwise accounted for, in the performance of the contract, including reasonable inventory adjustments of material as determined by the property',
42447:'administrator; 2 property administrator grants relief of responsibility and liability for loss of government property; 3 property is delivered or',
42448:'shipped from the contractors plant, under government instructions, except when shipment is to a subcontractor or other location of the',
42449:'contractor; or 4 property is disposed of in accordance with paragraphs j and k of this clause. viii utilizing government',
42450:'property. a the contractor shall utilize, consume, move, and store government property only as authorized under this contract. the contractor',
42451:'shall promptly disclose and report government property in its possession that is excess to contract performance. b unless otherwise authorized',
42452:'in this contract or by the property administrator the contractor shall not commingle government material with material not owned by',
42453:'the government. ix maintenance.the contractorshallproperlymaintaingovernment property. the contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and',
42454:'routine preventative maintenance and repair. thecontractor shall disclose and report to the property administrator the need for replacement and/or capital',
42455:'rehabilitation. x property closeout. the contractor shall promptly perform and report to the property administrator contract property closeout, to include',
42456:'reporting, investigating and securing closure of all loss of government property cases; physically inventorying all property upon termination or completion',
42457:'of this contract; and disposing of items at the time they are determined to be excess to contractual needs. 2',
42458:'the contractor shall establish and maintain government accounting source data, as may be required by this contract, particularly in the',
42459:'areas of recognition ofacquisitions, loss ofgovernmentproperty, and dispositionof material and equipment. g systems analysis. 1 thegovernment shall have access tothe',
42460:'contractor’spremises and all government property, at reasonable times,forthe purposes of reviewing, inspecting and evaluatingthe contractor’spropertymanagementplans, systems, procedures, records, and supporting',
42461:'documentation thatpertains togovernmentproperty. this access includesall site locations and, withthe contractor’sconsent,all subcontractor premises. 2 records of government property shall be',
42462:'readily available to authorized government personnel and shall be appropriately safeguarded. 3 should it be determined by the government that',
42463:'thecontractor’s or subcontractor’s property management practicesare inadequate ornot acceptable for the effectivemanagementand control ofgovernment property under this contract, or present',
42464:'an undue risk to the government, the contractor shall prepare a corrective action plan when requested by the property administrator',
42465:'and take all necessary corrective actions as specified by the schedule within the corrective action plan. h contractor liability for',
42466:'government property. 1 unless otherwise provided for in the contract, the contractor shall not be liable for loss of government',
42467:'property furnished or acquired under this contract, except when any one of the following applies i the risk is covered',
42468:'by insurance or the contractor is otherwise reimbursed to the extent of such insurance or reimbursement. the allowability of insurance',
42469:'costs shall be determined in accordance with 31.20519. ii loss of government property that is the result of willful misconduct',
42470:'or lack of good faith on the part of the contractor’smanagerial personnel. iii the contracting officer has, in writing, revoked',
42471:'the government’s assumption ofrisk for loss of government property due to adeterminationunder paragraph g of this clause thatthe contractor’spropertymanagementpractices are',
42472:'inadequate, and/or present an undue risk to the government, and the contractor failed to take timely corrective action. if the',
42473:'contractor can establish by clear and convincing evidence that the loss of government property occurred while the contractor had adequatepropertymanagement',
42474:'practices or the loss didnot resultfrom the contractor’s failure to maintain adequate property management practices, the contractor shall not be',
42475:'held liable. 52.2467 52.2451 federal acquisition regulation 2 the contractor shall take all reasonable actions necessary to protect the property',
42476:'from further loss. the contractor shall separatethe damaged and undamaged property,place all the affectedpropertyin the bestpossible order, andtake such other',
42477:'action as the property administrator directs. 3 the contractor shall do nothing to prejudice the government’s rights to recover against',
42478:'third parties for any loss of government property. 4 the contractor shall reimburse the governmentforloss of government property, to the',
42479:'extent thatthe contractor is financially liable for such loss, as directed by the contractingofficer. 5 upon therequest of thecontracting officer,the',
42480:'contractor shall, atthe government’s expense,furnish to the government all reasonable assistance and cooperation, including the prosecution of suit and the',
42481:'execution of instruments of assignmentin favor of the governmentin obtaining recovery. i equitable adjustment. equitable adjustments under this clause shall',
42482:'be made in accordance with the procedures of the changes clause. however, the government shall not be liable for breach',
42483:'ofcontract for the following: 1 any delayin delivery of governmentfurnished property. 2 delivery of governmentfurnished property in a condition not',
42484:'suitable for its intended use. 3 an increase, decrease, or substitution of governmentfurnished property. 4 failure to repair or replace',
42485:'government property for which the government is responsible. j contractor inventory disposal. except as otherwise provided for in this contract,',
42486:'the contractor shall not dispose of contractor inventory until authorizedto do so by the plant clearance officer or authorizing official.',
42487:'1 predisposal requirements. i if the contractor determines that the property has the potential to fulfill requirements underothercontracts,the contractor, in',
42488:'consultation withthe property administrator, shall request that thecontracting officer transfer the property to the contract in question, or provide authorization',
42489:'for use, as appropriate. in lieuof transferring theproperty, thecontracting officer may authorize the contractor to credit the costs of contractoracquired',
42490:'property material only to the losing contract, and debit the gaining contract with the corresponding cost, when such material is',
42491:'needed for useon another contract. propertyno longer needed shall be considered contractor inventory. iifor any remainingcontractoracquired property, the contractormay purchasethe',
42492:'property at the unit acquisition cost if desired or make reasonable efforts to return unused property to the appropriate supplier',
42493:'at fair market value less, if applicable, a reasonable restocking fee that is consistent with the supplier’s customary practices. 2',
42494:'inventory disposal schedules. i absent separate contract terms and conditions for property disposition, and provided thepropertywas not reutilized, transferred, or',
42495:'otherwise disposed of, the contractor, as directed by the plant clearanceofficer or authorizing official, shall use standard form 1428, inventory',
42496:'disposal schedule or electronic equivalent, to identify and report a governmentfurnished property that is no longer required for performance of',
42497:'this contract; b contractoracquired property,to whichthe government has obtained titleunder paragraph e of this clause, which is no longer required',
42498:'for performance of that contract; and c termination inventory. ii the contractor may annotate inventory disposal schedules to identify property',
42499:'the contractor wishes to purchase from the government, in the event that thepropertyis offeredforsale. iii separate inventory disposal schedules are',
42500:'required for aircraft in any condition, flight safety critical aircraft parts,and otheritems as directed by the plant clearance officer. iv',
42501:'the contractor shall providethe information required by far 52.2451f1iii along with the following: aany additionalinformationthat may facilitate understandingof the property’s',
42502:'intended use. b for workinprogress, the estimated percentage of completion. c for precious metals in raw or bulk form, the',
42503:'type of metal and estimated weight. d for hazardous material or property contaminated with hazardous material, the type of hazardous',
42504:'material. e for metals in mill productform, theform, shape, treatment, hardness, temper, specification commercial or government and dimensions thickness, width',
42505:'and length. v property with the same description, condition code, and reporting location may be grouped in a single line',
42506:'item. vi scrap should be reported by lot along with metal content, estimated weight and estimated value. 3 submission requirements.',
42507:'i the contractor shall submit inventory disposal schedules to the plant clearance officer no laterthan a30 days following the contractor’s',
42508:'determination thata property item is nolonger required for performance of this contract; 52.2468 subpart 52.2 text of provisions and clauses',
42509:'52.2451 b 60 days, or such longer period asmay be approved by theplant clearance officer, following completion of contract deliveries',
42510:'or performance; or c 120 days, or such longer period as may be approvedby the termination contractingofficer, following contract termination',
42511:'in whole or in part. iiunless theplantclearance officerdeterminesotherwise, the contractor need notidentify orreport production scrap on inventory disposal schedules, and',
42512:'may process and dispose of production scrap in accordance with its own internal scrap procedures. the processing and disposal of',
42513:'other types of governmentowned scrap will be conducted in accordance with the terms and conditions of the contractor plant clearance',
42514:'officer direction, asappropriate. 4 corrections. the plantclearance officer may i reject a schedule for cause e.g., contains errors, determined to',
42515:'be inaccurate; and ii require the contractor to correct an inventory disposal schedule. 5 postsubmission adjustments. the contractor shall notifythe',
42516:'plant clearance officer at least 10 working days in advance of its intent to remove an item from an approved',
42517:'inventory disposal schedule. upon approval of the plant clearance officer, orupon expiration ofthe notice period, the contractor may make the',
42518:'necessary adjustments to the inventory schedule. 6 storage. i the contractor shall store the property identified on an inventory disposal',
42519:'schedule pending receipt of disposal instructions. the government’s failure tofurnish disposal instructions within 120 days following acceptance of an inventory',
42520:'disposal schedule may entitle the contractor to an equitable adjustment for costs incurred to store such property on or afterthe',
42521:'121 st day. iithe contractor shall obtainthe plant clearance officer’s approval toremove property from the premises where the property is',
42522:'currently located prior to receipt of final disposition instructions. if approval is granted, any costs incurred by the contractor to',
42523:'transport or store the property shall not increase the price or fee of any government contract. the storage area shall',
42524:'be appropriate for assuring the property’s physicalsafety and suitability for use. approval does not relieve the contractor of any liability',
42525:'for such property under this contract. 7 disposition instructions. i the contractor shall prepare for shipment, deliver f.o.b. origin, or',
42526:'dispose of contractor inventory as directed by the plant clearance officer. unlessotherwise directed by thecontracting officer or by the plant',
42527:'clearanceofficer, the contractor shall removeanddestroyany markings identifyingthe property as u.s. governmentowned property prior to its disposal. iithe contracting officer mayrequire',
42528:'thecontractor to demilitarize thepropertyprior to shipment or disposal. in such cases, the contractor may be entitled to an equitable adjustment',
42529:'under paragraph i of this clause. 8 disposal proceeds. as directedby the contracting officer, the contractorshallcredit the net proceedsfrom the',
42530:'disposal of contractor inventory tothe contract, or tothe treasury of theunited statesas miscellaneous receipts. 9 subcontractor inventory disposal schedules. the',
42531:'contractor shall require its subcontractors to submit inventory disposal schedules to the contractor in accordance with the requirements of paragraph',
42532:'j3 of this clause. k abandonment of government property. 1 the government shall not abandon sensitive property or termination inventory',
42533:'without the contractor’s written consent. 2 the government, upon notice tothe contractor, mayabandonanynonsensitive property in place, at whichtime all obligations',
42534:'of the government regarding such property shall cease. 3 absent contract terms andconditions to the contrary, thegovernment may abandon partsremoved',
42535:'and replaced from property as a resultof normal maintenance actions, or removedfrom property asa result of the repair, maintenance, overhaul,',
42536:'or modification process. 4 the government has no obligation to restore or rehabilitate thecontractor’s premises under any circumstances; however, if',
42537:'governmentfurnished property iswithdrawnor is unsuitable for the intended use, or if other government property is substituted, then the equitable adjustment',
42538:'under paragraph i of this clause may properly include restoration or rehabilitation costs. l communication. all communications under this clause',
42539:'shall be in writing. m contracts outside the united states. if this contract is to be performed outside of the',
42540:'united states and its outlying areas, the words government and governmentfurnished wherever they appear in this clause shall be construed',
42541:'as unitedstates government and united states governmentfurnished, respectively. end of clause alternate i apr 2012. as prescribed in 45.107a2, substitute',
42542:'the following for paragraph h1 of the basic clause: 52.2469 52.2452 federal acquisition regulation h1 thecontractor assumes the risk of,',
42543:'and shall beresponsiblefor, any lossof government property upon its delivery to the contractor as governmentfurnishedproperty. however, the contractor is notresponsible',
42544:'for reasonable wear and tear to government property or for government property properly consumed in performing this contract. alternate ii',
42545:'apr 2012. as prescribed in 45.107 a3, substitute the following for paragraph e3 of the basic clause: e3title to property',
42546:'and other tangible personalproperty purchased withfundsavailable for research and having a unit acquisition cost of less than $5,000 shall vest',
42547:'in the contractor upon acquisition or as soon thereafter as feasible; provided thatthe contractor obtained the contracting officer’s approval before',
42548:'each acquisition. title to property purchased with funds available for research and having a unit acquisition cost of $5,000 or',
42549:'more shall vest as set forth in this contract. if title to property vests in the contractor under this paragraph,',
42550:'the contractor agrees that no costs shall be allowed for any depreciation, amortization, or useunder any existingor future governmentcontract orsubcontract',
42551:'thereunder. the contractor shall furnish the contracting officer alist of all property to which title isvested inthe contractor under this',
42552:'paragraph within 10days following the end ofthe calendar quarter during which it was received. vestingtitleunder this paragraph is subject to',
42553:'civil rights legislation, 42 u.s.c. 2000d. before title is vested and by signing this contract, the contractor accepts and agrees',
42554:'that no person in the united states or its outlying areasshall, onthe ground of race, color, or national origin,be excluded',
42555:'from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contemplated financial assistance title',
42556:'to property. 52.2452government property installation operation services. as prescribed in 45.107b, insert the following clause: government property installation operation services',
42557:'apr 2012 a this government property listed in paragraph e of this clause is furnished to the contractor in an',
42558:'asis, where is condition. the government makes no warranty regarding the suitability for use of the government property specified in',
42559:'this contract. the contractor shall be afforded the opportunity to inspect the government property asspecified in the solicitation. b the',
42560:'government bears no responsibility for repair or replacement of any lost government property. if any or all ofthe government property',
42561:'is lost or becomes no longer usable, the contractor shall be responsible for replacement of the property at contractor expense.',
42562:'the contractor shall have title to all replacement property and shall continue to be responsible for contract performance. c unless',
42563:'the contracting officer determines otherwise, the government abandons all rightsand title to unserviceable and scrappropertyresulting fromcontract performance. upon notification to',
42564:'the contracting officer, the contractorshallremove such property from the government premises and dispose of it at contractor expense. d except',
42565:'as provided in this clause, government property furnished under this contract shall be governed by the government property clause of',
42566:'this contract. e government property provided under this clause: end of clause 52.2470 subpart 52.2 text of provisions and clauses',
42567:'52.2459 52.2453 [reserved] 52.2454 [reserved] 52.2455 [reserved] 52.2456 [reserved] 52.2457 [reserved] 52.2458 [reserved] 52.2459 use and charges. as prescribed in',
42568:'45.107c, insert the following clause: use and charges apr 2012 a definitions. definitions applicable to this contract are provided in',
42569:'the clause at 52.2451, government property. additional definitions as used in this clause include: rental period means the calendar period',
42570:'during which government property is made available for nongovernmental purposes. rental time means the numberof hours,to the nearest wholehour,rented property',
42571:'is actually used for nongovernmental purposes. it includes time to set up the property for such purposes, perform required maintenance,',
42572:'and restore the property to its condition prior to rental less normal wear and tear. b use of government property.',
42573:'the contractor may use the government property without charge in the performance of 1 contracts with the government that specifically',
42574:'authorize such use without charge; 2 subcontracts of any tier undergovernmentprimecontracts ifthe contracting officerhaving cognizance of the prime contract i',
42575:'approves a subcontract specifically authorizing such use; or ii otherwise authorizes such use in writing; and 3 otherwork, if thecontracting',
42576:'officer specifically authorizes in writing use without chargeforsuch work. c rental. ifgranted writtenpermission by thecontracting officer,or if it is specifically',
42577:'provided for inthe schedule, the contractor may use the government property except material for a rental fee for work other',
42578:'than that provided in paragraph b of this clause. authorizing such use of the government property does not waive any',
42579:'rights of the government to terminate the contractor’s right to use the government property. therental fee shall bedetermined in accordancewith',
42580:'the following paragraphs. d general. 1rentalrequestsshallbesubmittedtotheadministrativecontractingofficeraco,identifytheproperty for which rental is requested, propose a rental period, and compute an estimated rentalcharge',
42581:'by using the contractor’s best estimate of rental time in the formulae described in paragraph e of this clause. 2',
42582:'the contractor shall not use government property for nongovernmental purposes, including independent research and development, until arental charge for real',
42583:'property, or estimated rental charge for other property, is agreed upon. rented property shall be used only on a noninterference',
42584:'basis. e rental charge.1 real property and associated fixtures. i the contractor shall obtain, at its expense, a property appraisal',
42585:'from anindependent licensed,accredited, or certified appraiser that computes amonthly, daily, or hourly rental rate for comparable commercial property. theappraisal may',
42586:'be used to compute rentalsunder this clause throughout its effective period or, if aneffective period is not stated inthe appraisal,',
42587:'for one year following the date the appraisalwas performed. the contractor shall submit the appraisal to the aco at least',
42588:'30 days prior to the date the property is needed for nongovernmental use. except as provided in paragraph e1iii of',
42589:'this clause, the aco shall use the appraisal rental rate to determine a reasonable rental charge. iirentalcharges shall bedetermined by',
42590:'multiplying the rental time by the appraisal rental rate expressedas arate per hour. monthly or daily appraisalrental rates shall be',
42591:'divided by 720 or 24, respectively, to determinean hourly rentalrate. iii when the acobelieves theappraisal rental rateis unreasonable, the aco',
42592:'shall promptly notify the contractor. the parties may agree on an alternative means for computing a reasonable rental charge. 52.2471',
42593:'52.2459 federal acquisition regulation iv the contractor shall obtain, at its expense, additional property appraisals in the same manner as',
42594:'provided in paragraph e1i if theeffective periodhas expired and the contractor desires the continued use of property for nongovernmental use.',
42595:'thecontractor mayobtainadditional appraisals within the effective period of thecurrent appraisal if themarketprices decrease substantially. 2 other government property. the contractor',
42596:'may elect tocompute therental charge using the appraisal method described in paragraph e1 of this clause subject to the constraints',
42597:'therein or the following formula in which rental time shall be expressed in increments of not less than one hour',
42598:'with portions of hours rounded to the next higher hour: the hourly rental chargeis calculated by multiplying 2 percentof the',
42599:'acquisition cost bythe hours of rentaltime, and dividingby 720. 3 alternative methodology. the contractor may request consideration of an alternative',
42600:'basis for computing the rental charge if it considers the monthly rental rate or a timebased rental unreasonable orimpractical. f',
42601:'rental payments. 1 rent is due 60 days following completion of the rental period or as otherwise specified in the',
42602:'contract. the contractor shall compute the rental due, and furnish records or other supporting datain sufficient detail to permit the',
42603:'aco to verifythe rental time and computation. payment shall bemadeby check payable to the treasurer of theunited statesand sentto the',
42604:'contractadministration officeidentified in this contract, unless otherwise specified bythe contracting officer. 2 interestwill be charged if payment isnot made by',
42605:'thedate specified in paragraphf1 of this clause. interest will accrue at the renegotiation board interest rate published in thefederal register',
42606:'semiannually on or about january 1 st and july 1 st for the period in which the rent is due.',
42607:'3 the government’s acceptance of any rental payment under this clause, inwhole or in part, shall not be construed as',
42608:'a waiver or relinquishment of any rightsitmay have against the contractorstemming fromthe contractor’sunauthorized use of government property or any other',
42609:'failure to perform this contract according to its terms. g use revocation. at any time during the rental period, the',
42610:'government may revoke nongovernmental use authorization and require the contractor,at the contractor’s expense, to returnthe property tothe government, restore the',
42611:'property to its prerental condition less normal wear and tear, or both. h unauthorized use. the unauthorized use of government',
42612:'property can subject a person to fines, imprisonment, or both, under 18 u.s.c. 641. end of clause 52.2472 subpart 52.2',
42613:'text of provisions and clauses 52.2462 52.246[reserved] 52.2461contractor inspection requirements. as prescribed in 46.301, insert the following clause: contractor inspection',
42614:'requirementsapr 1984 the contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the',
42615:'supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts.',
42616:'this clause takes precedence over any government inspection and testing required in the contract’s specifications, except for specializedinspections or tests',
42617:'specified to be performed solelyby the government. end of clause 52.2462 inspection of suppliesfixedprice. as prescribed in 46.302, insert the',
42618:'following clause: inspection of suppliesfixedprice aug 1996 a definition. supplies, as used in this clause, includes but is not limited',
42619:'to raw materials, components, intermediate assemblies, end products, and lots of supplies. b the contractor shall provide and maintain an',
42620:'inspection system acceptable to the government covering supplies under this contract and shall tender to the government for acceptance only',
42621:'supplies that have been inspected in accordance with the inspection system and have been found by the contractor to be',
42622:'in conformity with contract requirements. as part of the system, the contractor shall prepare records evidencing all inspections made under',
42623:'the system and the outcome. these records shall be kept complete and made available to the government during contract performance',
42624:'and for as long afterwards as the contract requires. the government may perform reviews and evaluations as reasonably necessary to',
42625:'ascertain compliance with this paragraph. these reviews and evaluations shall be conducted in a manner that will not unduly delay',
42626:'the contractwork. the right of review, whether exercised or not, does not relieve the contractorof the obligations under the contract.',
42627:'c the government has the right to inspect and test all supplies called for by the contract, to the extent',
42628:'practicable, at all places and times, including the period of manufacture, and in any event before acceptance. the government shall',
42629:'perform inspections and tests in a manner that will not unduly delay the work. the government assumes no contractual obligation',
42630:'to perform any inspection and test for the benefit of the contractor unless specifically set forth elsewhere in this contract.',
42631:'d if the government performsinspectionor test on the premisesof the contractor or a subcontractor,the contractor shall furnish, and shall require',
42632:'subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance',
42633:'of these duties. except as otherwise provided in the contract, the government shall bear theexpenseof government inspections ortests made at',
42634:'other than the contractor’s orsubcontractor’s premises; provided, that in case of rejection, the government shall not be liable for any',
42635:'reduction in the value of inspection or test samples. e 1whensuppliesarenotreadyatthetimespecifiedbythecontractorforinspectionortest,thecontractingofficer may charge to thecontractor the additionalcost of inspection or',
42636:'test. 2 the contracting officer may also charge thecontractor for anyadditional cost of inspection ortest when prior rejection makesreinspection or',
42637:'retest necessary. f the government has the right either to reject or to require correction of nonconforming supplies. supplies are',
42638:'nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. the government',
42639:'may reject nonconforming supplies with or without disposition instructions. g the contractor shall remove supplies rejectedor required tobe corrected. however,',
42640:'the contracting officer may require or permit correction in place, promptly after notice, byand atthe expense of the contractor. the',
42641:'contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and,',
42642:'when required, shall disclose the corrective action taken. h if the contractor fails to promptly remove, replace, or correct rejected',
42643:'supplies that are required to be removed or to be replaced or corrected, the government may either 1by contract or',
42644:'otherwise, remove, replace, or correct the supplies 52.2473 52.2462 federal acquisition regulation and charge the cost to the contractor or',
42645:'2 terminate the contract for default. unlessthe contractor corrects or replaces thesupplies within the delivery schedule, the contracting officer may',
42646:'require their deliveryand make an equitable price reduction. failure to agree to a price reduction shall be a dispute. i',
42647:'1 if this contract provides for the performance of government quality assurance at source, and if requested by the government,',
42648:'the contractor shall furnish advance notification of the time i when contractor inspection or tests will be performed in accordance',
42649:'with the terms and conditions of the contract; and ii when the supplies will be ready for government inspection. 2',
42650:'the government’s request shall specifythe periodand method ofthe advancenotification and thegovernment representative to whom it shall be furnished. requests shall',
42651:'not require more than 2 workdays of advance notification if the government representative is in residence in the contractor’s plant,',
42652:'nor more than 7 workdays in other instances. jthe government shall accept or reject suppliesas promptly as practicable after delivery,',
42653:'unless otherwise provided in the contract. government failure to inspect and accept or reject the supplies shall not relieve the',
42654:'contractor from responsibility, norimpose liabilityon the government, for nonconformingsupplies. k inspections and tests by the government do not relieve the',
42655:'contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. acceptance shall be conclusive, except',
42656:'for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract. l if acceptance is',
42657:'not conclusive for any of the reasons in paragraph k hereof, the government, in addition to any other rightsand remedies',
42658:'provided by law,or under other provisions of this contract, shall have theright to require the contractor 1at no increase in',
42659:'contract price, to correct or replace the defective or nonconforming supplies at the original point of delivery or at the',
42660:'contractor’s plant at the contracting officer’selection,andin accordance with a reasonabledelivery schedule as maybe agreedupon between the contractorand the contracting officer;',
42661:'provided,that thecontracting officer may require a reduction in contract price if the contractor fails to meet such delivery schedule, or',
42662:'2 within a reasonable time after receipt by the contractor of notice of defects or nonconformance, to repay such portion',
42663:'of the contract as is equitable under the circumstances if the contracting officer elects not to require correction or replacement.',
42664:'when supplies arereturned to the contractor, the contractorshallbearthe transportation cost from theoriginal point ofdelivery to the contractor’splant and returnto the',
42665:'original point when that point isnot the contractor’s plant. if the contractorfails to perform or act as required in paragraph',
42666:'l1 or l2 of this clause and does not cure such failure within a period of 10 daysorsuch longer period',
42667:'as the contracting officer mayauthorize in writing after receipt of noticefrom the contracting officer specifying such failure, the government shall',
42668:'have the right by contract or otherwise to replace orcorrect such supplies and charge to the contractor thecost occasioned thegovernment',
42669:'thereby. end of clause alternate i july1985. if a fixedprice incentive contract is contemplated, substitute paragraphs g, h, and l',
42670:'below for paragraphs g, h, and l of the basic clause. g the contractor shall remove supplies rejectedor required tobe',
42671:'corrected. however, the contracting officer may require or permit correction in place, promptly after notice. the contractor shall not tender',
42672:'for acceptance corrected or rejected supplies without disclosing the former rejection or requirement for correction, and when required shall disclose',
42673:'the corrective action taken. cost of removal, replacement, or correction shall be considered a cost incurred, or to be incurred,',
42674:'in thetotal finalnegotiated cost fixed under the incentive price revision clause. however, replacements or corrections by the contractor after the',
42675:'establishment of the total final price shall be at no increase in the total final price. h if the contractor',
42676:'fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to be replaced or',
42677:'corrected, the government may either 1by contract or otherwise, remove, replace, or correct the supplies and equitably reduce the targetprice',
42678:'or,if established, the total final price or2may terminate the contract for default. unless the contractor corrects or replaces the nonconforming',
42679:'supplieswithin thedelivery schedule, thecontracting officer may require their delivery and equitably reduce any target price or, if it is established,the',
42680:'total final contract price. failureto agree upon an equitable price reduction shall be a dispute. l if acceptance is not',
42681:'conclusive for any of the reasons in paragraph k hereof, the government, in addition to any other rightsand remedies provided',
42682:'by law,or under other provisions of this contract, shall have theright to require the contractor 1at no increase in any',
42683:'target price or, if it is established,the total final price of thiscontract, to corrector replace the defective or nonconformingsupplies at',
42684:'theoriginal point ofdelivery or at the contractor’s plantat the contracting officer’s election, and in accordance with a reasonable delivery schedule',
42685:'as may be agreed upon between the contractor and the 52.2474 subpart 52.2 text of provisions and clauses 52.2463 contracting',
42686:'officer; provided, that thecontracting officer may require areduction in any target price, or, ifitis established, the total final price of',
42687:'this contract, if the contractor fails to meet such delivery schedule; or 2 within a reasonable time after receipt by',
42688:'the contractor of notice of defects or nonconformance, to repay such portion of the total final price as is equitable',
42689:'underthe circumstances if thecontracting officer elects not to requirecorrection or replacement. when supplies are returned to the contractor,the contractor shall',
42690:'bear the transportation costs from the original point of delivery to the contractor’s plant and return to the original point',
42691:'when that point is not the contractor’s plant. if the contractor fails to perform or act as required in paragraph',
42692:'l1 or l2 of this clause and does not cure such failure within a period of 10 days or such',
42693:'longer period as the contracting officer may authorizein writing after receiptof notice from the contracting officer specifying such failure, the',
42694:'government shall have the right by contract or otherwise to replace or correct such supplies and equitably reduce any targetprice',
42695:'or,if it isestablished, thetotal finalprice of this contract. alternate ii july1985. if a fixedceilingprice contract with retroactive price redetermination is',
42696:'contemplated, substitute paragraphs g, h, and l below for paragraphs g, h, and l of the basic clause: g the',
42697:'contractor shall remove supplies rejectedor required tobe corrected. however, the contracting officer may require or permit correction in place, promptly',
42698:'after notice. the contractor shall not tender for acceptance corrected or rejected supplies without disclosing the former rejection or requirement',
42699:'for correction, and when required shall disclose the corrective action taken. cost of removal, replacement, or correction shall be considered',
42700:'a cost incurred, or to be incurred, when redetermining the prices under the price redetermination clause. however, replacements or corrections',
42701:'by the contractor after the establishment of the redetermined prices shall be at no increase in the redetermined price. h',
42702:'if the contractor fails to promptly remove, replace, or correct rejected supplies that are required to be removed or to',
42703:'be replaced or corrected, the government may either 1by contract or otherwise, remove, replace, or correct the supplies and equitably',
42704:'reduce the initial contractprices or, ifestablished, theredetermined contract prices or 2 terminate thecontract for default. unless the contractor corrects or',
42705:'replaces the nonconforming supplies within the delivery schedule, the contracting officer may requiretheir delivery andequitably reduce the initial contract price',
42706:'or, ifitis established, the redetermined contract prices. failure to agree upon an equitable price reduction shall be a dispute. l',
42707:'if acceptance is not conclusive for any of the reasons in paragraph k hereof, the government, in addition to any',
42708:'other rightsand remedies provided by law,or under other provisions of this contract, shall have theright to require the contractor 1at',
42709:'no increase in the initialcontract prices, or,if it isestablished, theredeterminedprices of this contract, to corrector replace thedefective ornonconforming supplies atthe',
42710:'original point of delivery or at the contractor’s plant at the contracting officer’s election, andin accordance with a reasonabledelivery schedule',
42711:'as maybe agreedupon between the contractor and the contractingofficer; provided, thatthe contracting officermay require a reduction in the initial contract',
42712:'prices, or, ifitis established, the redetermined prices ofthis contract, if thecontractor fails to meetsuch deliveryschedule; or 2 within a reasonable',
42713:'time after receipt by the contractor of notice of defects or nonconformance, to repay such portion of the initial contract',
42714:'prices, or, ifitis established, the redetermined prices of this contract, asis equitable under the circumstances if the contracting officer elects',
42715:'not to require correctionor replacement. when suppliesare returned to the contractor, thecontractor shall bearthe transportation costsfrom the originalpointof delivery to',
42716:'thecontractor’s plant and return to the original point when that point is not the contractor’s plant. if the contractor fails',
42717:'to perform or act as required in paragraph l1 or l 2 of this clause and does not cure such',
42718:'failure within a period of 10 days or such longer period as the contracting officermay authorize in writing after receipt',
42719:'ofnotice fromthe contracting officerspecifying such failure,the government shall have the right by contract or otherwise to replace or correct such',
42720:'supplies and equitably reduce the initial contract prices, or, if it is established,the redetermined pricesof this contract. 52.2463 inspection of',
42721:'suppliescostreimbursement. as prescribed in 46.303, insert the following clause in solicitations and contracts for supplies, or services that involve the',
42722:'furnishing of supplies, when a costreimbursement contract is contemplated: inspection of suppliescostreimbursement may 2001 a definitions. as used in this',
42723:'clausecontractor’s managerial personnel means any ofthe contractor’sdirectors, officers, managers,superintendents, or equivalent representatives who have supervision or direction of 1 all',
42724:'orsubstantially all of the contractor’s business; 2 all orsubstantially all of the contractor’s operationat a plant orseparate location where the',
42725:'contractis being performed; or 52.2475 52.2464 federal acquisition regulation 3 a separate and complete major industrial operation connected with performing',
42726:'this contract. supplies includes but is not limited to raw materials, components, intermediate assemblies, end products, lots of supplies, and,',
42727:'when the contractdoes not include the warranty of data clause, data. b the contractor shall provide and maintain an inspection',
42728:'system acceptable to the government covering the supplies, fabricating methods, and special tooling under this contract. complete records of all',
42729:'inspection work performed by the contractor shall be maintained and made available to the government during contract performance and for',
42730:'as long afterwards as the contract requires. c the government has the right to inspect and test the contract supplies,',
42731:'to the extent practicable at all places and times, including the period of manufacture, and in any event before acceptance.',
42732:'the government may also inspect the plant or plants of the contractor or any subcontractor engaged in the contract performance.',
42733:'the government shall perform inspections and tests in a manner that will not unduly delay the work. d if the',
42734:'government performsinspectionor test on the premisesof the contractor or a subcontractor,the contractor shall furnish and shall require subcontractors to furnish',
42735:'all reasonable facilities and assistance for the safe and convenient performance of these duties. e unless otherwise specified in the',
42736:'contract, the government shall accept supplies as promptly as practicable after delivery, and supplies shall be deemed accepted 60 daysafter',
42737:'delivery, unless accepted earlier. f at any time during contract performance, but no later than 6 months or such other',
42738:'time as may be specified in the contract after acceptance of the supplies to be delivered under the contract, the',
42739:'government may require the contractor to replace or correct any suppliesthat arenonconforming at timeof delivery. suppliesare nonconforming whenthey are defective',
42740:'in material or workmanship or are otherwise not in conformity with contract requirements. except as otherwise provided in paragraph h',
42741:'of this clause, the cost of replacement or correction shall be included in allowable cost, determined as provided in the',
42742:'allowable cost and payment clause, but no additional fee shall be paid. the contractor shall not tender for acceptance supplies',
42743:'required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose',
42744:'the corrective action taken. g 1 if the contractor fails to proceed with reasonable promptness to perform required replacement or',
42745:'correction, the government may ibycontract orotherwise, perform thereplacement or correction andcharge to the contractorany increased cost or make an equitable',
42746:'reduction in any fixed fee paid or payable under the contract; ii require delivery of undelivered supplies at an equitable',
42747:'reduction in any fixed fee paid or payable under the contract; or iii terminate the contract for default. 2 failure',
42748:'to agree on the amountof increased cost to be chargedto the contractoror to the reduction in the fixed fee shall',
42749:'be a dispute. h notwithstanding paragraphs f and g of this clause, the government may at any time require the',
42750:'contractor to correct or replace, without cost to the government, nonconforming supplies, if the nonconformances are due to 1 fraud,',
42751:'lackof good faith, or willful misconduct on the part of the contractor’s managerial personnel; or 2 the conduct of one',
42752:'or more ofthe contractor’semployees selected or retained by the contractor after any of the contractor’smanagerial personnel hasreasonable groundsto believe that',
42753:'the employee is habitually careless or unqualified. i this clause applies in the same manner to corrected or replacement supplies',
42754:'as to supplies originally delivered. j the contractor shall have no obligation or liability under this contract to replace supplies',
42755:'that were nonconforming at thetime ofdelivery,exceptas provided in this clause or asmay be otherwiseprovidedin thecontract. k except as otherwise specified',
42756:'inthe contract, the contractor’s obligation to corrector replace governmentfurnished property shall begoverned by the clause pertaining togovernment property. end of',
42757:'clause 52.2464 inspection of servicesfixedprice. as prescribed in 46.304, insert the following clause: inspection of servicesfixedprice aug 1996 a definition.services,',
42758:'as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. 52.2476',
42759:'subpart 52.2 text of provisions and clauses 52.2466 b the contractor shall provide and maintain an inspection system acceptable to',
42760:'the government covering the services under this contract. complete records of all inspection work performed by the contractor shall be',
42761:'maintained and made available to the government during contract performance and for as long afterwards as the contract requires. c',
42762:'the government has the right to inspect and test all services called for by the contract, to the extent practicable',
42763:'at all times and places during the term of the contract. the government shall perform inspections and tests in a',
42764:'manner that will not unduly delay the work. d if the government performsinspections or tests on thepremises ofthe contractor or',
42765:'a subcontractor, the contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable',
42766:'facilities and assistance for the safe and convenient performance of these duties. e if any of the services do not',
42767:'conform with contract requirements, the government may require the contractor to perform the services again in conformity with contract requirements,',
42768:'at no increase in contract amount. when the defects in services cannot be corrected by reperformance, the government may 1',
42769:'require the contractor to take necessary action to ensure that future performance conforms to contract requirements; and 2 reduce the',
42770:'contract price to reflect the reduced value of the services performed. f if the contractor fails to promptly perform the',
42771:'services again or to take the necessary action to ensure future performance in conformity with contract requirements, the government may',
42772:'1 by contract or otherwise,performthe services and charge to the contractor any cost incurred bythe government that is directly related',
42773:'to the performance of such service; or 2 terminate thecontract for default. end of clause 52.2465 inspection of servicescostreimbursement. as',
42774:'prescribed in 46.305, insert the following clause in solicitations and contracts for services, or supplies that involve the furnishing of',
42775:'services, when a costreimbursement contract is contemplated: inspection of servicescostreimbursement apr 1984 a definition.services, as used in this clause, includes',
42776:'services performed, workmanship, and material furnished or used in performing services. b the contractor shall provide and maintain an inspection',
42777:'system acceptable to the government covering the services under this contract. complete records of all inspection work performed by the',
42778:'contractor shall be maintained and made available to the government during contract performance and for as long afterwards as the',
42779:'contract requires. c the government has the right to inspect and test all services called for by the contract, to',
42780:'the extent practicable at all places and times during the term of the contract. the government shall perform inspections and',
42781:'tests in a manner that will not unduly delay the work. d if any of the services performed do not',
42782:'conform with contract requirements, the government may require the contractor to perform the services again in conformity with contract requirements,',
42783:'for no additional fee. when the defects in services cannot be corrected by reperformance, the government may 1 require the',
42784:'contractor to take necessary action to ensure that future performance conforms to contract requirements; and 2 reduce any fee payable',
42785:'under the contract to reflect the reduced value of the services performed. e if the contractor fails to promptly perform',
42786:'the services again or take the action necessary to ensure future performance in conformity with contract requirements, the government may',
42787:'1 by contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under',
42788:'the circumstances; or 2 terminate thecontract for default. end of clause 52.2466inspectiontimeandmaterial and laborhour. as prescribed in 46.306, insert the',
42789:'following clause: 52.2477 52.2466 federal acquisition regulation inspectiontimeandmaterial and laborhour may 2001 a definitions. as used in this clausecontractor’s managerial',
42790:'personnel means any ofthe contractor’sdirectors, officers, managers,superintendents, or equivalent representatives who have supervision or direction of 1 all orsubstantially all',
42791:'of the contractor’s business; 2 all orsubstantially all of the contractor’s operationat any oneplant or separate location wherethe contract is',
42792:'being performed; or 3 a separate and complete major industrial operation connected with the performance of this contract. materials includes',
42793:'data whenthe contract does not includethe warrantyof data clause. b the contractor shall provide and maintain an inspection system acceptable',
42794:'to the government covering the material, fabricating methods, work, and services under this contract. complete records of all inspection work',
42795:'performed by the contractor shall be maintained and made available to the government during contract performance and for as long',
42796:'afterwards as the contract requires. c the government has the right to inspect and test all materials furnished and services',
42797:'performed under this contract, to the extent practicable at all places and times, including the period of performance, and in',
42798:'any event before acceptance. the government may also inspect the plant or plants of the contractor or any subcontractor engaged',
42799:'in contract performance. the government shall perform inspections and tests in a manner that will not unduly delay the work.',
42800:'d if the government performsinspectionor test on the premisesof the contractor or a subcontractor,the contractor shall furnish and shall require',
42801:'subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. e unless otherwise',
42802:'specified in the contract, the government shall accept or reject services and materials at the place of delivery as promptly',
42803:'as practicable after delivery,andthey shall be presumed accepted60 days afterthe date of delivery, unless accepted earlier. f at any time',
42804:'during contract performance, but not later than 6 months or such other time as may be specified in the contract',
42805:'after acceptance of the services or materials last delivered under this contract, the government may require the contractor to replace',
42806:'or correct services or materials that at time of delivery failed to meet contract requirements. except as otherwise specified in',
42807:'paragraph h of this clause, the cost of replacement or correction shall be determined under the payments under timeandmaterials and',
42808:'laborhour contracts clause, butthe hourly rate for labor hours incurred in the replacement or correction shall be reduced to exclude',
42809:'that portion of the rate attributable to profit. the contractor shall not tender for acceptance materials and services required to',
42810:'be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective',
42811:'action taken. g 1 if the contractor fails to proceed with reasonable promptness to perform required replacement or correction, and',
42812:'if the replacement or correction can be performed within the ceiling price or the ceiling price as increased by the',
42813:'government, the government may ibycontract orotherwise, perform thereplacement or correction, charge to thecontractor any increasedcost, or deduct such increased cost',
42814:'from any amounts paid or due under this contract; or iiterminatethis contractfordefault. 2 failure to agree to the amount of',
42815:'increased cost to be charged tothe contractor shall be a dispute. h notwithstanding paragraphs f and g of this clause,',
42816:'the government may at any time require the contractor to remedy by correction or replacement, without cost to the government,',
42817:'any failure by the contractor to comply with the requirements of this contract, if the failure is due to 1',
42818:'fraud, lackof good faith, or willful misconduct on the part of the contractor’s managerial personnel; or 2 the conduct of',
42819:'one or more ofthe contractor’semployees selected or retained by the contractor after any of the contractor’smanagerial personnel hasreasonable groundsto believe',
42820:'that the employee is habitually careless or unqualified. i this clause applies in the same manner and to the same',
42821:'extent to corrected or replacement materials or services as to materials and services originally delivered under this contract. j the',
42822:'contractor has no obligation or liability under this contract to correct or replace materials and services that at time of',
42823:'delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the',
42824:'contract. 52.2478 subpart 52.2 text of provisions and clauses 52.2467 k unlessotherwise specified in the contract, thecontractor’s obligationto correct or',
42825:'replace governmentfurnished property shall begoverned by the clause pertaining togovernment property. end of clause alternate i apr 1984. if government',
42826:'inspection and acceptanceare tobe performedat the contractor’s plant, paragraph e below may be substituted for paragraph e of the basic',
42827:'clause: e thegovernment shall inspect for acceptance all items otherthan aircraft to be flown away, ifany to be furnished underthis',
42828:'contractat the contractor’s plantor plantsspecified in the contract,or atany otherplant or plants approved for suchpurpose in writing by the contractingofficer.',
42829:'the contractorshallinform thecontract administration officeor contracting officerwhen the work is readyforinspection. thegovernment reserves the right to chargeto the contractor any',
42830:'additional cost of government inspection and test when items are not ready at the time for which inspection and test',
42831:'is requested by thecontractor. 52.2467inspectionof research anddevelopmentfixedprice. as prescribed in 46.307a, insert the following clause: inspection of research and developmentfixedpriceaug',
42832:'1996 a the contractor shall provide and maintain an inspection system acceptable to the government covering the work under this',
42833:'contract. complete records of all inspection work performed by the contractor shall be maintained and made available to the government',
42834:'during contract performance and for as long afterwards as the contract requires. b the government has the right to inspect',
42835:'and test all work called for by the contract, to the extent practicable at all places and times, including the',
42836:'period of performance, and in any event before acceptance. the government may also inspect the premises of the contractor or',
42837:'any subcontractor engaged in contract performance. the government shall perform inspections and tests in a manner that will not unduly',
42838:'delay the work. c if the government performs any inspection or test onthe premises of thecontractor or a subcontractor, the',
42839:'contractor shall furnish and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance',
42840:'for the safe and convenient performance of these duties. except as otherwise provided in the contract, the government shall bear',
42841:'the expense of government inspectionsor testsmadeat other thanthe contractor’sor subcontractor’s premises. d the government shall accept or reject the work',
42842:'as promptly aspracticable afterdelivery,unlessotherwise specified in thecontract. government failure to inspectandaccept or rejectthe work shall not relievethe contractor from responsibility,',
42843:'nor impose liability on thegovernment,fornonconforming work. work is nonconforming when it is defective in material or workmanship or is otherwise',
42844:'not in conformity with contract requirements. e the government has the right to reject nonconforming work. if the contractor fails',
42845:'or is unable to correct or to replace nonconformingworkwithin the delivery schedule or such later time as the contractingofficer may',
42846:'authorize,the contracting officermay accept theworkand make an equitable price reduction. failure to agree ona pricereduction shall be a dispute. f',
42847:'inspection and test by the government does not relieve the contractor from responsibility for defects or other failures to meet',
42848:'the contract requirements that may be discovered before acceptance. acceptance shall be conclusive, except for latent defects, fraud, gross mistakes',
42849:'amounting to fraud, or as otherwise specified in the contract. if acceptance is not conclusive for any of these causes,',
42850:'the government,in addition to anyother rights and remedies provided by law, or underotherprovisions of this contract, shall have the right',
42851:'to require the contractor 1 at no increase in contract price, to correct or replace the defective or nonconforming supplies',
42852:'work at the original point of delivery or at thecontractor’s plant at thecontracting officer’s election, and in accordancewith a reasonable',
42853:'delivery schedule as may beagreed upon between the contractor and the contractingofficer; provided, thecontracting officer may requirea reductionin contract price',
42854:'if the contractor fails to meet such delivery schedule;or 2 within areasonable time after the contractor’s receipt ofnotice of defectsor',
42855:'nonconformance, torepayment of such portion of the contract price as is equitable under the circumstances if the government elects not',
42856:'to require correction or replacement. when supplies workare is returned to the contractor,the contractor shall bear transportation costsfrom 52.2479 52.2468',
42857:'federal acquisition regulation theoriginal point ofdelivery to the contractor’s plant and return to the originalpointof delivery when that point isnot',
42858:'the contractor’splant. end of clause 52.2468inspectionof research anddevelopmentcostreimbursement. as prescribed in 46.308, insert the following clause in solicitations and contracts',
42859:'for research and development when a the primary objective is the delivery of end items other than designs, drawings, or',
42860:'reports; and b costreimbursement contract is contemplated; unless use of the clause is impractical and the clause prescribed in 46.309',
42861:'is considered to be more appropriate: inspection of research and development—costreimbursement may 2001 a definitions.as used in this clause— contractors',
42862:'managerial personnel means the contractorsdirectors, officers, managers,superintendents, or equivalent representatives who have supervision or direction of 1 all orsubstantially all',
42863:'of the contractor’s business; 2 all orsubstantially all of the contractor’s operationat any oneplant or separate location wherethe contract is',
42864:'being performed; or 3 a separateandcomplete major industrial operation connected with performingthiscontract.work includesdata when the contract does not include the',
42865:'warranty ofdata clause. b the contractor shall provide and maintain an inspection system acceptable to the government covering the work',
42866:'under this contract. complete records of all inspection work performed by the contractor shall be maintained and made available to',
42867:'the government during contract performance and for as long afterwards as the contract requires. c the government has the right',
42868:'to inspect and test all work called for by the contract, to the extent practicable at all places and times,',
42869:'including the period of performance, and in any event before acceptance. the government may also inspect the plant or plants',
42870:'of the contractor or its subcontractors engaged in the contract performance. the government shall perform inspections and tests in a',
42871:'manner that will not unduly delay the work. d if the government performsanyinspectionor test on the premisesof the contractor or',
42872:'a subcontractor, the contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe',
42873:'and convenient performance of these duties. e unless otherwise provided in the contract, thegovernmentshallaccept work as promptly as practicable after',
42874:'delivery, and work shall be deemed accepted 90 days after delivery, unless accepted earlier. f at any time during contract',
42875:'performance, but no later than 6 months or such other time as may be specified in the contract after acceptance',
42876:'of all of the end items other than designs, drawings, or reports to be delivered under the contract, thegovernment may',
42877:'require the contractor to replace orcorrect worknot meeting contractrequirements. time devoted to the replacement or correction of such work shall',
42878:'not be included in the computation of the above time period. except as otherwise provided in paragraph h of this',
42879:'clause, the cost of replacement or correction shall be determined as specified in the allowable cost and payment clause, but',
42880:'no additional fee shall be paid. the contractor shall not tender for acceptance work required to be replaced or corrected',
42881:'without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. g 1',
42882:'if the contractor fails to proceed with reasonable promptness to perform required replacement or correction, the government may— ibycontract orotherwise,',
42883:'perform thereplacement or correction, charge to thecontractor any increasedcost, or make an equitable reduction in any fixed fee paid or',
42884:'payable under the contract; ii require delivery of any undelivered articles and shall have the right to make an equitable',
42885:'reduction in any fixed fee paid or payable under the contract; or iii terminate the contract for default. 2 failure',
42886:'to agree on the amountof increased cost to be chargedthe contractor or to the reductionin fixed fee shall be a',
42887:'dispute. h notwithstanding paragraphs f and g of this clause, the government may at any time require the contractor to',
42888:'remedy by correction or replacement, without cost to the government, any failure by the contractor to comply with the requirements',
42889:'of this contract, if the failure is due to— 52.2480 subpart 52.2 text of provisions and clauses 52.24611 1 fraud,',
42890:'lackof good faith, or willful misconduct on the part of the contractor’s managerial personnel; or 2 the conduct of one',
42891:'or more ofthe contractor’semployees selected or retained by the contractor after any of the contractor’smanagerial personnel hasreasonable groundsto believe that',
42892:'the employee is habitually careless or unqualified. i this clause shall apply in the same manner to a corrected or',
42893:'replacement end item or components as to work originally delivered. j the contractor has no obligation or liability under the',
42894:'contract to correct or replace articles not meeting contract requirementsat time of delivery, except asprovided in this clause or as',
42895:'may otherwise be specifiedin the contract. k unlessotherwise provided inthe contract, the contractor’s obligationsto correct or replace governmentfurnished property shall',
42896:'begoverned by the clause pertaining togovernment property. end of clause alternate i apr 1984. if it is contemplated that the',
42897:'contract will be on a nofee basis, substitute paragraphs f and g below for paragraphs f and g of the',
42898:'basic clause. f at any time during contract performance, but not later than 6 months or such other time as',
42899:'may be specified in the contract after acceptance of all of the end items other than designs, drawings, or reports',
42900:'to be delivered under the contract, thegovernment may require the contractor to correct or replace worknot meeting contractrequirements. time devoted',
42901:'to the correction or replacement of such work shall not be included in the computation of the above time period.',
42902:'except as otherwise provided in paragraph g of this clause, the allowability of the cost of any such replacement or',
42903:'correction shall be determined as specified in the allowable cost and payment clause. the contractor shall not tender for acceptance',
42904:'corrected work without disclosing the former requirement for correction, and, when required, shall disclose the corrective action taken. g if',
42905:'the contractor fails to proceed with reasonable promptness to perform required replacement or correction, the government may 1 by contract',
42906:'or otherwise,performthe replacementor correction and charge to the contractor any increased cost; 2 require delivery of any undelivered articles; or',
42907:'3 terminate thecontract for default. failure to agree onthe amountof increased cost to be charged to the contractor shall be',
42908:'a dispute. 52.2469inspectionof research anddevelopmentshort form. as prescribed in 46.309, insert the following clause: inspection of research and development shortform',
42909:'apr 1984 the government has the right to inspect and evaluate the work performed or being performed under the contract,',
42910:'and the premises where the work is being performed, at all reasonable times and in a manner that will not',
42911:'unduly delay the work. if the government performsinspectionor evaluation on the premises of the contractor ora subcontractor, the contractor shall',
42912:'furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these',
42913:'duties. end of clause 52.24610 [reserved] 52.24611higherlevel contract quality requirement. as prescribed in 46.311 , insert the following clause: higherlevel',
42914:'contract quality requirement dec 2014 a thecontractor shall comply with the higherlevel quality standards listed below. [contracting officer insert the',
42915:'title, number if any, date, and tailoring if any of the higherlevel quality standards.] b the contractor shall include applicable',
42916:'requirements of the higherlevel quality standards listed in paragraph a of this clause and the requirement to flow down such',
42917:'standards, as applicable, to lowertier subcontracts, in52.2 481 52.24612 federal acquisition regulation 1 any subcontract for critical and complex items',
42918:'see 46.203b and c; or 2 when the technical requirements of a subcontract require i control of such things as',
42919:'design, work operations, inprocess control, testing, and inspection; or iiattention to such factors as organization, planning, work instructions, documentationcontrol, and',
42920:'advanced metrology. end of clause 52.24612 inspection of construction. as prescribed in 46.312, insert the following clause: inspection of construction',
42921:'aug 1996 a definition.work includes,but is not limited to, materials, workmanship, and manufacture and fabrication of components. b the contractor',
42922:'shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract',
42923:'conforms to contract requirements. the contractor shall maintain complete inspection records and make them available to the government. all work',
42924:'shall be conducted under the general direction of the contracting officer and is subject to government inspection andtest at allplaces',
42925:'and at all reasonable times beforeacceptance to ensure strict compliance with the terms of the contract. c government inspections and',
42926:'tests are for the sole benefit of the government and do not 1 relieve the contractor of responsibility for providing',
42927:'adequate quality control measures; 2 relieve the contractor of responsibility for damage to or loss of the material before acceptance;',
42928:'3 constitute or imply acceptance; or 4 affect thecontinuingrights of the government after acceptance of thecompleted work underparagraph i of',
42929:'this section. d the presence or absence of a government inspector does not relieve the contractor from any contract requirement,',
42930:'nor is the inspector authorized tochange any termor condition of the specification without the contractingofficer’s written authorization. e thecontractor shall',
42931:'promptlyfurnish, at no increase in contract price, all facilities, labor, andmaterial reasonably needed for performing such safeandconvenient inspections and tests',
42932:'as may be required by thecontracting officer. the government may chargeto thecontractor anyadditional cost of inspection ortest when work isnot',
42933:'readyat the time specified bythe contractor for inspection or test, orwhen priorrejection makes reinspectionor retest necessary. the government shall perform',
42934:'all inspections and tests in a manner that will not unnecessarily delay the work. special, full size, and performance tests',
42935:'shall be performed as described in the contract. f the contractor shall, without charge, replace orcorrect workfound by the governmentnot',
42936:'to conform to contract requirements, unless in the public interest the government consents to accept the work with an appropriate',
42937:'adjustment in contract price. the contractor shall promptly segregate and remove rejected material from the premises. g if the contractor',
42938:'does not promptly replace or correct rejected work, the government may 1 by contract or otherwise,replaceor correctthe work and charge',
42939:'the cost to the contractor; or 2 terminate for default thecontractor’s right to proceed. h if, before acceptance of the',
42940:'entire work, the government decides to examine already completed work by removing it or tearing it out, the contractor, on',
42941:'request, shall promptlyfurnish all necessary facilities, labor, and material. if the work is found to be defective or nonconforming in',
42942:'any material respect due to the fault of the contractor or its subcontractors, the contractor shall defray the expenses ofthe',
42943:'examination and of satisfactory reconstruction. however, if the work is foundto meetcontract requirements, the contracting officer shall make an equitable',
42944:'adjustment for theadditional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an',
42945:'extension of time. i unless otherwise specified in the contract, the government shall accept, as promptly as practicable after completion',
42946:'and inspection, all work required by the contract or thatportion of the work the contracting officer determines can be accepted',
42947:'separately. acceptanceshallbe final and conclusive except for latent defects, fraud,gross mistakes amounting to fraud,or the government’s rights under any warranty',
42948:'or guarantee. end of clause 52.2482 subpart 52.2 text of provisions and clauses 52.24615 52.24613 inspectiondismantling, demolition,or removal of improvements.',
42949:'as prescribed in 46.313, insert the following clause in solicitations and contracts for dismantling, demolition, or removal of improvements: inspectiondismantling,',
42950:'demolition, or removal of improvements aug 1996 a unless otherwise designated by the specifications, all workmanship performed under the contract',
42951:'is subject to government inspection at all times and places where dismantling or demolition work is being performed. the contractor',
42952:'shall furnish promptly,and atno increase in contractprice,all reasonable facilities, labor,and materials necessary for safe and convenient inspection by the government.',
42953:'the government shall perform inspections in a manner that will not unduly delay the work. b the contractor is responsible',
42954:'for damage to property caused by defective workmanship. the contractor shall promptly segregate and remove from the premises any unsatisfactory',
42955:'facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. if the contractor fails to',
42956:'proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the',
42957:'government may 1 by contract or otherwise,replacethe facilities, materials,and equipment or correct theworkmanship and charge the cost to the contractor;',
42958:'and 2 terminate for default thecontractor’s right to proceed. the contractor and any surety shall be liable, to the extent',
42959:'specified in the contract for any damage or cost of repair or replacement. end of clause 52.24614 inspection of transportation.',
42960:'as prescribed in 46.314, insert the following clause in solicitations and contracts for freight transportation services including local drayage by',
42961:'rail, motor including bus, domestic freightforwarder, and domesticwater carriersincluding inland, coastwise, and intercoastal. the contractingofficer shall not use the clause',
42962:'for theacquisition of transportation services by domestic or international air carriers or by international ocean carriers, or to freight services',
42963:'provided under bills of lading or to those negotiated for reduced rates under 49 u.s.c.10721 or 1 3712 . see',
42964:'part 47,transportation. inspection of transportation apr 1984 the government has the right to inspect and test the contractor’s services, facilities,',
42965:'and equipmentat all reasonable times. the contractor shall furnish government representatives with the free access and reasonable facilities and assistance',
42966:'required to accomplish their inspections and tests. end of clause 52.24615 certificate of conformance. as prescribed in 46.315, insert the',
42967:'following clause in solicitations and contracts for supplies or services when the conditions in 46.504 apply: certificate of conformance apr',
42968:'1984 a when authorized in writing by the cognizant contractadministrationoffice cao, the contractor shall ship with a certificate of conformance',
42969:'any supplies for which the contract would otherwise require inspection at source. in no case shall thegovernment’s right to inspectsupplies',
42970:'under the inspection provisions of thiscontract be prejudiced. shipments of such supplies will not be made under this contract until',
42971:'use of the certificate of conformance has been authorized in writing by the cao, or inspection and acceptance have occurred.',
42972:'b the contractor’s signed certificate shall be attached to orincluded on the top copy of theinspectionor receiving report distributed tothe',
42973:'paymentoffice or attached to the cao copy when contract administrationblock10 ofthe ddform250 is performed by the defense contract administration services.',
42974:'in addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection',
42975:'or receiving report accompanying the shipment. 52.2483 52.24616 federal acquisition regulation c the government has the right to reject defective',
42976:'supplies or services within a reasonable time after delivery by written notificationto the contractor. the contractor shall in such event',
42977:'promptly replace, correct, or repair the rejected supplies or services at the contractor’s expense. d the certificate shall read as',
42978:'follows: i certify that on [insert date], the [insert contractor’s name] furnished the supplies or services called for by contract',
42979:'no. via [carrier] on [identify the bill of lading or shipping document] in accordance with all applicable requirements. i further',
42980:'certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements,',
42981:'including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification part number, and are in the quantity shown',
42982:'on this or on the attached acceptance document. date of execution: signature: title: end of clause 52.24616 responsibility for supplies.',
42983:'as prescribed in 46.316, insert the following clause: responsibility for suppliesapr 1984 a titleto supplies furnished under this contractshallpass to',
42984:'the government uponformal acceptance, regardless of when or where the government takes physical possession, unless the contract specifically provides for',
42985:'earlier passage of title. b unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall',
42986:'remain with the contractor until, and shall pass to the government upon 1 delivery of the supplies to a carrier,',
42987:'if transportation is f.o.b. origin; or 2 acceptance by the government or delivery of the supplies to the government at',
42988:'the destination specified in the contract, whichever is later, if transportation is f.o.b. destination. c paragraph b of this clause',
42989:'shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection.',
42990:'the risk of loss of or damage to such nonconforming supplies remains with the contractor until cure or acceptance. after',
42991:'cure or acceptance, paragraph b of this clause shall apply. d under paragraph b of this clause, the contractor shall',
42992:'not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employeesof the',
42993:'government actingwithin thescope of theiremployment. end of clause 52.24617 warranty of suppliesof a noncomplex nature. as prescribed in 46.710a1, insert',
42994:'a clause substantially as follows: warranty of supplies of a noncomplex nature june 2003 a definitions. as used in this',
42995:'clause acceptance means the act of an authorized representative of the government by which the government assumes for itself, or',
42996:'asan agent of another, ownership of existing supplies, orapproves specific servicesas partial or complete performance of the contract. suppliesmeans the',
42997:'end items furnished by the contractor and related services required under this contract. the word does not include data. bcontractor’sobligations.',
42998:'1 notwithstanding inspection and acceptance by the government of supplies furnished under this contract, or any condition of this contract',
42999:'concerning the conclusiveness thereof, the contractor warrants that for [contracting officer shall state specific period of time after delivery, or',
43000:'the specified event whose occurrence will terminate the warranty period; e.g.,the number of miles or hours of use, or combinations',
43001:'of any applicable events or periods of time] i all supplies furnished under this contract will be free from defects',
43002:'in material or workmanship and will conform with all requirements of this contract; and 52.2484 subpart 52.2 text of provisions',
43003:'and clauses 52.24617 iithe preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies',
43004:'will conform with the requirements of this contract. 2 when return, correction, orreplacement is required, transportation charges and responsibility for',
43005:'the supplies while in transitshallbe borne bythe contractor. however, the contractor’s liability for the transportation charges shall not exceed an',
43006:'amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified',
43007:'in this contract and the contractor’s plant, and return. 3 any supplies or parts thereof, corrected or furnished in replacement',
43008:'under this clause, shall also be subject to the terms of this clause tothe same extent as supplies initiallydelivered. the',
43009:'warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph b1 of this',
43010:'clause and shall run from the date of delivery of the corrected or replaced supplies. 4 all implied warranties of',
43011:'merchantability and fitness for a particular purpose are excluded from any obligation contained in this contract. c remedies available to',
43012:'the government. 1thecontractingofficershallgivewrittennoticetothecontractorofany breach of warranties in paragraph b1 of this clause within [contracting officer shall insert specific period of',
43013:'time; e.g.,45days of the last delivery under this contract, or 45days after discovery of the defect]. 2 within areasonable time',
43014:'after the notice, the contracting officer may either i require, by written notice, the prompt correction or replacement of any',
43015:'supplies or parts thereof including preservation, packaging, packing, and marking that do not conform with the requirements of this contract',
43016:'within the meaning of paragraph b1 of this clause; or ii retain such supplies and reduce the contract price by',
43017:'an amount equitable under the circumstances. 3 i if the contract provides for inspection of supplies by sampling procedures, conformance',
43018:'of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. the',
43019:'contracting officer amay,forsampling purposes,group any suppliesdelivered underthis contract; b shall require the size of the sample to be that required',
43020:'by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed; c may',
43021:'project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all',
43022:'of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of',
43023:'the quantity on which warranty action is proposed; and d need not use the same lot size as on original',
43024:'inspection or reconstitute the original inspection lots. iiwithin a reasonable time after notice of any breach of thewarranties specified in',
43025:'paragraph b1 of this clause, thecontracting officer may exercise one or more of the following options: a require an equitable',
43026:'adjustment in the contract price for any group of supplies. b screen the suppliesgrouped for warranty action under this clauseat',
43027:'the contractor’s expense andreturn all nonconforming supplies to the contractor for correction or replacement. c require the contractor to screen',
43028:'the supplies at locations designated by the government within the contiguous united states and to correct or replace all nonconforming',
43029:'supplies. d return the supplies grouped for warranty action under this clause to the contractor irrespective of the f.o.b. point',
43030:'or the point of acceptance for screening and correction or replacement. 4 ithecontractingofficermay,bycontractorotherwise,correctorreplacethenonconformingsupplieswith similar supplies fromanother source and charge to',
43031:'thecontractor the cost occasioned to thegovernmentthereby if the contractor a fails to make redelivery of the corrected or replaced supplies',
43032:'within the time established for their return; or b fails either to accept return of the nonconforming supplies or fails',
43033:'to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule,',
43034:'and in either of these circumstances does not cure such failure within a periodof 10 daysorsuch longerperiod as the contracting',
43035:'officer mayauthorize inwriting after receipt ofnotice from the contracting officer specifying suchfailure. iiinstead of correction orreplacement by the government,the contracting',
43036:'officermay require an equitable adjustment of the contract price. in addition, if the contractor fails to furnish timely disposition instructions,',
43037:'the contracting officer may disposeof the nonconforming suppliesforthe contractor’saccount in areasonable manner. the government is entitled to reimbursement from the',
43038:'contractor, or from the proceeds of such disposal, for the reasonableexpenses of the care and disposition of the nonconforming supplies,',
43039:'as well as for excess costs incurred or to be incurred. 52.2485 52.24618 federal acquisition regulation 5 the rights and',
43040:'remedies of the government provided in this clause are in addition to and do not limit any rights affordedto thegovernment',
43041:'by any other clauseof this contract. end of clause alternate i [reserved] alternate ii apr 1984. if it is desirable',
43042:'to specify that necessary transportation incident to correction or replacement will beat the government’sexpenseas mightbe the case if, for example,the',
43043:'cost of a warranty would otherwise be prohibitive, substitute a paragraph substantially the same as the following paragraph b2 for',
43044:'paragraph b2 of the basic clause: 2 if correction or replacement is required and transportation of supplies in connection with',
43045:'correction or replacement is necessary, transportation charges and responsibility for thesupplies while intransit shall be borne bythe government. alternate iii',
43046:'apr 1984. if the supplies cannot be obtained from another source, substitute a paragraph substantially the same as the following',
43047:'paragraph c4 for paragraph c4 of the basic clause: 4 if the contractor does not agree as to responsibility to',
43048:'correct or replace the supplies delivered, the contractor shall nevertheless proceed in accordance with the written requestissuedby the contracting officer',
43049:'under paragraph c2 ofthis clause to correct or replace the defective or nonconforming supplies. in the event it is later',
43050:'determined that the supplies were not defective or nonconforming within the terms and conditions of this clause, the contract price',
43051:'will be equitably adjusted. alternate iv apr 1984. if a fixedprice incentive contract is contemplated, add a paragraph substantially the',
43052:'same as the following paragraph c6 to the basic clause: 6 all costs incurred or estimated to be incurred by',
43053:'the contractor in complying with this clause shall be considered when negotiating the total final price under the incentive price',
43054:'revision clause of this contract. after establishment of the total final price, contractor compliance with this clause shall be at',
43055:'no increase in the total final price. any equitable adjustment made under paragraph c2 of this clause shall be governed',
43056:'by the paragraph entitled equitable adjustments under other clauses in the incentive price revision clause of this contract. alternate v',
43057:'apr 1984. if it is anticipated that recovery of the warranted item will involve considerable government expense for disassembly and/orreassembly',
43058:'of largeritems, adda paragraph substantiallythe same as thefollowing paragraph c6 to the basic clause. redesignate the additional paragraph as c7',
43059:'if alternate iv is also being used. 6 the contractor shall beliable for the reasonable costs of disassembly and/or reassembly',
43060:'of larger itemswhen it is necessary to remove the supplies to be inspected and/or returned for correction or replacement. 52.24618',
43061:'warranty of suppliesof a complex nature. as prescribed in 46.710b1, insert a clause substantially as follows: warranty of supplies of',
43062:'a complex nature may 2001 a definitions. as used in this clause acceptance means the act of an authorized representative',
43063:'of the government by which the government assumes for itself, or asan agent of another, ownership of existing and identifiedsupplies,',
43064:'or approves specificservices rendered, aspartial or complete performance of the contract. supplies means the end items furnished by the contractor',
43065:'and related services required under this contract. the word does not include data. b contractor’s obligations. 1 the contractor warrants',
43066:'that for [contracting officer shall state the specific warranty period after delivery, or the specified event whose occurrence will terminate',
43067:'the warranty period; e.g.,the number of miles or hours of use, or combinations of any applicable events or periods of',
43068:'time] all supplies furnished under this contract will be free from defects in material and workmanship and will conform with',
43069:'all requirements of this contract; provided, however, thatwith respect to governmentfurnished property, the contractor’s warranty shall extend only to itsproper',
43070:'installation, unless the contractorperforms somemodification or other work on the property, in which case the contractor’swarranty shall extend to the',
43071:'modification orotherwork. 2 any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of',
43072:'this clause to the same extent as supplies initially delivered. this warranty shall be equal in duration to that set',
43073:'forth in paragraph b1 of this clause and shall run from the date of delivery of the corrected or replaced',
43074:'supplies. 3 the contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other',
43075:'equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the contractor 52.2486 subpart 52.2',
43076:'text of provisions and clauses 52.24618 by action of the government. in the event that correction or replacement has been',
43077:'directed, the contractor shall promptly notify the contracting officer, in writing, of the nonavailability. 4 the contractor shall also prepare',
43078:'and furnish to the government data and reports applicable to any correction required including revisionandupdating of all affected data called',
43079:'for underthis contract at no increase in the contract price. 5 when suppliesare returned to the contractor,the contractor shall bear',
43080:'thetransportation costs from the place of delivery specified inthe contract irrespectiveof the f.o.b. point or thepointof acceptance to the contractor’s',
43081:'plant and return. 6 all implied warranties of merchantability and fitness for a particular purpose are excluded from any obligation',
43082:'contained in this contract. c remedies available to the government. 1intheeventofabreachofthecontractor’swarrantyinparagraphb1of this clause, the government may, at no increase in',
43083:'contract price irequire the contractor, atthe place ofdelivery specified in thecontract irrespective of the f.o.b. point orthe point of acceptance',
43084:'or at the contractor’s plant, torepair or replace,at the contractor’s election, defective or nonconforming supplies; or iirequire the contractor to',
43085:'furnish atthe contractor’splant the materials or parts and installationinstructions required to successfully accomplish the correction. 2 if the contracting officer',
43086:'does not require correction or replacement of defective or nonconforming supplies or the contractor is not obligated to correct or',
43087:'replace under paragraph b3 of this clause, the government shall be entitled to an equitable reduction in the contract price.',
43088:'3 the contracting officer shall notifythe contractor inwriting of any breach of thewarranty in paragraph b of this clause within',
43089:'. [contracting officer shall insert specific period of time in which notice shall be given to the contractor; e.g.,45days after',
43090:'delivery of the nonconforming supplies. ; 45days of the last delivery under this contract. ; or 45days after discovery of',
43091:'the defect.] the contractorshallsubmit to the contracting officer a written recommendation within [contracting officer shall insert period of time] as',
43092:'to the corrective action required to remedy the breach. after the notice of breach, but not later than [contracting officer',
43093:'shall insert period within which the warranty remedies should be exercised] after receipt ofthe contractor’srecommendation for corrective action, the contractingofficer',
43094:'may, in writing, direct correction or replacement as in paragraph c1 of this clause, and the contractor shall, notwithstanding any',
43095:'disagreement regardingthe existenceof abreach of warranty, comply with this direction. if it is later determined that the contractor did not',
43096:'breach the warranty in paragraph b1 of this clause, the contract price will be equitably adjusted. 4 if supplies arecorrected',
43097:'or replaced, the period for notification ofa breach of the contractor’s warranty in paragraph c3 of this clause shall be',
43098:'[contracting officer shall insert period within which the contractor must be notified of a breach as to corrected or replaced',
43099:'supplies] from the furnishing or return by the contractor to thegovernment of the corrected or replaced suppliesor parts thereof, or,if',
43100:'correctionor replacement iseffected by the contractor at agovernmentor other activity,for [contracting officer shall insert period within which the contractor must',
43101:'be notified of a breach of warranty as to corrected or replaced supplies] thereafter. 5 the rights and remedies of',
43102:'the government provided in this clause are in addition to and do not limit any rights affordedto thegovernment by any',
43103:'other clauseof the contract. end of clause alternate i [reserved] alternate ii apr 1984. if it is desirable to specify',
43104:'that necessary transportation incident to correction or replacement will beat the government’sexpenseas mightbe the case if, for example,the cost of',
43105:'a warranty would otherwise be prohibitive, substitute a paragraph substantially the same as the following paragraph b5 for paragraph b5',
43106:'of the basic clause: 5 if correction or replacement is required and transportation of supplies in connection with correction or',
43107:'replacement is necessary, transportation charges and responsibility for thesupplies while intransit shall be borne bythe government. alternate iii apr 1984.',
43108:'if a fixedprice incentive contract is contemplated, add a paragraph substantially the same as the following paragraph c6 to the',
43109:'basic clause: 6 all costs incurred or estimated to be incurred by the contractor in complying with this clause shall',
43110:'be considered when negotiating the total final price under the incentive price revision clause of this contract. after establishment of',
43111:'the total final price, contractor compliance with this clause shall be at no increase in the total final price. any',
43112:'equitable adjustments 52.2487 52.24619 federal acquisition regulation made under paragraph c2 of this clause shall be governed by the paragraph',
43113:'entitled equitable adjustments under other clauses in the incentive price revision clause of this contract. alternate iv apr 1984. if',
43114:'it is anticipated that recovery of the warranted item will involve considerable government expense for disassembly and/orreassembly of largeritems, adda',
43115:'paragraph substantiallythe same as thefollowing paragraph c6 to the basic clause. redesignate the additional paragraph as c7 if alternate iii',
43116:'is also used: 6 the contractor shall beliable for the reasonable costs of disassembly and/or reassembly of larger itemswhen it',
43117:'is necessary to remove the supplies to be inspected and/or returned for correction or replacement. 52.24619 warranty of systems and',
43118:'equipment under performance specificationsor design criteria. as prescribed in 46.710c1,thecontractingofficermayinsertaclausesubstantiallyasfollows: warranty of systems and equipment under performance specifications or design',
43119:'criteria may 2001 a definitions. as used in this clause acceptance means the act of an authorized representative of the',
43120:'government by which the government assumes for itself, or asan agent of another, ownership of existing and identifiedsupplies, or approves',
43121:'specificservices rendered, aspartial or complete performance of the contract. defect means any condition or characteristic in any supplies or services',
43122:'furnished by the contractor under the contract that is not in compliance with the requirements of the contract. supplies means',
43123:'the end items furnished by the contractor and related services required under this contract. except when this contract includes the',
43124:'clauseentitled warranty ofdata, supplies also mean data. bcontractor’sobligations. 1thecontractor’swarrantiesunderthisclauseshallapplyonlytothosedefectsdiscovered by either the government or the contractor [contracting officer shall state',
43125:'the warranty period; e.g.,at the time of delivery; within 45 days after delivery, or the specified event whose occurrence will',
43126:'terminate the warranty period; e.g.,the number of miles or hours of use, or combination of any applicable events or periods',
43127:'of time.]. 2 if the contractor becomes aware at any time before acceptance by the government whether before or after',
43128:'tender to the government that a defect exists in any supplies or services, the contractor shall i promptly correct the',
43129:'defect; or iipromptly notify the contractingofficer, in writing, of the defect, using the same procedures prescribedin paragraph b3 of this',
43130:'clause. 3 if the contracting officer determines that a defect exists in any of the supplies or servicesaccepted bythe government',
43131:'under this contract, the contracting officer shall promptlynotify the contractor of the defect, in writing, within [contracting officer shall insert',
43132:'the specific period of time in which notice shall be given to the contractor; e.g.,30days after delivery of the nonconforming',
43133:'supplies; 90days of the last delivery under this contract; or 90days after discovery of the defect.]. upon timely notification of',
43134:'the existence of a defect, or if the contractor independently discovers a defect in accepted supplies or services, the contractor',
43135:'shall submit to the contracting officer, in writing, within [contracting officer shall insert period of time] a recommendation for corrective',
43136:'actions, together with supporting information insufficient detail for the contracting officer to determine what corrective action, if any, shall be',
43137:'undertaken. 4 the contractor shall promptly comply with any timely written directionfrom the contractingofficer to correct or partially correct a',
43138:'defect, at no increase in the contract price. 5 the contractor shall also prepareandfurnish to thecontracting officer data andreportsapplicable to',
43139:'any correction requiredunder this clause including revision and updating of allotheraffected data calledforunder this contract at no increase in the',
43140:'contract price. 6 in the event of timely notice of a decision not to correct or only to partially correct,',
43141:'the contractor shall submit a technical and cost proposal within . [contracting officer shall insert period of time] to amend',
43142:'the contract to permit acceptance of theaffected suppliesor services in accordance with the revised requirement, and an equitable reduction in',
43143:'the contract price shall promptly be negotiated by the parties and be reflected in a supplemental agreement to this contract.',
43144:'7 any supplies or parts thereof corrected or furnished in replacement and any services reperformed shall also be subject to',
43145:'the conditionsof this clauseto the sameextent as suppliesor services initially accepted. the warranty,with respect to these supplies, parts, or services,',
43146:'shall be equal in duration to that set forth in paragraph b1 of this clause, and shall run from the',
43147:'date of delivery of the corrected or replaced supplies. 8 the contractor shall not be responsible under this clause for',
43148:'the correction of defects in governmentfurnished property,exceptfordefects in installation, unless thecontractor performs, or is obligated toperform, anymodifications or 52.2488 subpart',
43149:'52.2 text of provisions and clauses 52.24619 other work on such property. inthat event, thecontractor shall be responsible for correction',
43150:'of defects that result from the modifications or other work. 9 if the government returns supplies to the contractor for',
43151:'correction or replacement under this clause, the contractor shall beliable for transportation charges up to an amount equal to the',
43152:'cost of transportation by the usualcommercial method of shipment from the place of delivery specified in this contract irrespective of',
43153:'the f.o.b. point or the point of acceptance to the contractor’s plant and return to the place of delivery specified',
43154:'in this contract. the contractorshallalsobearthe responsibility for the supplies while in transit. 10 all implied warranties of merchantability and fitness',
43155:'for a particular purpose are excluded from any obligation under this contract. c remedies available to the government. 1 the',
43156:'rights and remedies of the government provided in this clause ishall not be affected in any wayby any termsor conditionsof',
43157:'this contract concerningthe conclusiveness of inspection and acceptance; and iiare in additionto, and do not limit, any rights afforded to',
43158:'the government byanyotherclause ofthiscontract. 2 within [contracting officer shall insert period of time] afterreceipt of the contractor’s recommendations for corrective',
43159:'action andadequate supporting information, thecontracting officer,using sole discretion, shall give the contractor written notice not to correct any defect, or',
43160:'to correct or partially correct any defect within a reasonable time at [contracting officer shall insert locations where corrections may',
43161:'be performed]. 3 in no event shall the government be responsible for any extension or delays in the scheduled deliveries',
43162:'or periods of performance under this contract as a result of the contractor’s obligations tocorrect defects, nor shall there be',
43163:'any adjustment of the delivery schedule or period of performance as a result of the correction of defects unless provided',
43164:'by a supplemental agreement with adequate consideration. 4 this clause shall not be construed as obligating the government to increase',
43165:'the contract price. 5 ithecontractingofficershallgivethecontractorawrittennoticespecifyinganyfailureorrefusalofthe contractor to a present a detailed recommendation for corrective action as required by paragraph b3',
43166:'of this clause; b correct defects as directed under paragraph b4 of this clause; or c prepare and furnish data',
43167:'and reports as required by paragraph b5 of this clause. ii the notice shall specify a period of time following',
43168:'receipt of the notice by the contractor in which the contractor must remedy the failure or refusal specified in the',
43169:'notice. 6 if the contractor does notcomply with the contracting officer’swritten notice in paragraph c5i of this clause, thecontracting officer',
43170:'may by contract orotherwise i obtain detailed recommendations for corrective action and either a correct the supplies or services; or',
43171:'b replace the supplies or services, and if the contractor fails to furnish timely disposition instructions, the contracting officermay dispose',
43172:'of the nonconformingsupplies for the contractor’s account ina reasonable manner, in which case the government is entitled to reimbursement from',
43173:'the contractor, or from theproceeds, for thereasonable expenses of care and disposition, as well as for excess costs incurred or',
43174:'to be incurred; ii obtain applicable data and reports; and iii charge the contractor for the costsincurred by thegovernment. end',
43175:'of clause alternate i apr 1984. if it is desirable to specify that necessary transportation incident to correction or replacement',
43176:'will beat the government’sexpenseas mightbe the case if, for example,the cost of a warranty would otherwise be prohibitive, substitute a',
43177:'paragraph substantially the same as the following paragraph b9 for paragraph b9 of the basic clause: alternate ii apr 1984.',
43178:'if a fixedprice incentive contract is contemplated, add a paragraph substantially the same as the following paragraph c7 to the',
43179:'basic clause: 7 all costs incurred or estimated to be incurred by the contractor in complying with this clause shall',
43180:'be considered when negotiating the total final price under the incentive price revision clause of this contract. after establishment of',
43181:'the total final price, contractor compliance with this clause shall be at no increase in the total final price. any',
43182:'equitable adjustments made under paragraph b6 of this clause shall be governed by the paragraph entitled equitable adjustments under other',
43183:'clauses in the incentive price revision clause of this contract. 52.2489 52.24620 federal acquisition regulation alternate iii apr 1984. if',
43184:'it is anticipated that recovery of the warranted item will involve considerable government expense for disassembly and/orreassembly of largeritems, adda',
43185:'paragraph substantiallythe same as thefollowing paragraph c7 to the basic clause. redesignate the additional paragraph as c8 if alternate ii',
43186:'is also being used: 7 the contractor shall beliable for the reasonable costs of disassembly and/or reassembly of larger itemswhen',
43187:'it is necessary to remove the supplies to be inspected and/or returned for correction or replacement. 52.24620 warranty of services.',
43188:'as prescribed in 46.710d, insert a clause substantially as follows: warranty of services may 2001 a definition.acceptance, as used in',
43189:'this clause, means the act of an authorized representative of the government by which the government assumes for itself, oras',
43190:'an agent ofanother,ownership ofexisting and identified supplies, or approves specific services, as partial or complete performance of the contract. b',
43191:'notwithstanding inspection and acceptance by the government or any provision concerning the conclusiveness thereof, the contractor warrants that all services',
43192:'performed under this contract will, at the time of acceptance, be free from defectsin workmanship andconformto therequirements of this contract.',
43193:'the contracting officer shall give writtennotice of any defect or nonconformance to the contractor [contracting officer shall insert the specific',
43194:'period of time in which notice shall be given to the contractor; e.g.,within 30 days from the date of acceptance',
43195:'by the government,; within 1000 hours of use by the government; or other specified event whose occurrence will terminate the',
43196:'period of notice, or combination of any applicable events or period of time]. this notice shall state either 1 that',
43197:'the contractor shall correct or reperform any defective or nonconforming services; or 2 that the government does not require correction',
43198:'or reperformance. c if the contractor is required to correct or reperform, it shall be at no cost to the',
43199:'government, and any services corrected or reperformed by the contractor shall be subject to this clause to the same extent',
43200:'as work initially performed. if the contractor fails or refuses tocorrect orreperform, the contractingofficer may, by contract or otherwise, correct',
43201:'orreplace with similar services and charge tothe contractor the cost occasioned tothe government thereby, or makean equitable adjustment in the',
43202:'contract price. d if the government doesnot require correctionor reperformance, the contracting officer shall make an equitable adjustment in the',
43203:'contract price. end of clause 52.24621 warranty of construction. as prescribed in 46.710e1,thecontractingofficermayinsertaclausesubstantiallyasfollowsinsolicitationsand contracts when a fixedprice construction contract see',
43204:'46.705c is contemplated, and the use of a warranty clause has been approved under agency procedures: warranty of construction mar',
43205:'1994 a in addition to any other warranties in this contract, the contractor warrants, except as provided in paragraph i',
43206:'of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect',
43207:'in equipment, material, ordesign furnished, or workmanshipperformed by the contractor or any subcontractor or supplier at any tier. b this',
43208:'warranty shall continue for a period of 1 year from the date of final acceptance of the work. if the',
43209:'government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of',
43210:'1 year from the date the government takes possession. c thecontractor shall remedy at the contractor’s expense any failure to',
43211:'conform, oranydefect. in addition, the contractor shall remedy at the contractor’s expense any damage togovernmentownedor controlled realor personal property,when that',
43212:'damage is the result of 1 the contractor’s failure to conform to contract requirements; or 2 any defect of equipment,',
43213:'material, workmanship, or design furnished. d the contractor shall restoreanywork damaged infulfilling the termsand conditions of this clause. thecontractor’s warranty',
43214:'with respect to work repaired or replaced will run for 1 year from the date of repair or replacement. 52.2490',
43215:'subpart 52.2 text of provisions and clauses 52.24623 e thecontracting officer shall notify the contractor, in writing, within a reasonabletime',
43216:'after the discoveryof any failure, defect, or damage. f if the contractor fails to remedy any failure, defect, or damage',
43217:'within a reasonable time after receipt of notice, the government shall have the right to replace, repair,or otherwise remedy the',
43218:'failure, defect, or damage at the contractor’s expense. g with respectto all warranties, express or implied, from subcontractors, manufacturers, or',
43219:'suppliers for work performed and materials furnished under this contract, the contractor shall 1 obtain all warranties that would be',
43220:'given in normal commercial practice; 2 require all warranties to be executed, in writing, for the benefit of the government,',
43221:'if directed by the contracting officer; and 3 enforce all warranties for the benefit ofthe government, ifdirected bythe contracting officer.',
43222:'h in the event the contractor’s warranty under paragraph b of this clause has expired, the government may bringsuit at',
43223:'itsexpenseto enforcea subcontractor’s, manufacturer’s, or supplier’s warranty. iunless a defect is causedby the negligenceof the contractor or subcontractor orsupplier atanytier,',
43224:'the contractor shall not be liable for the repair of any defects of material or design furnished by the government',
43225:'nor for the repair of any damage that results from any defect in governmentfurnished material or design. jthis warranty shall',
43226:'not limit the government’s rights under the inspectionand acceptanceclause ofthis contractwith respect to latent defects, gross mistakes, or fraud. end',
43227:'of clause alternate i apr 1984. if the government specifies in the contract the use of any equipment by brand',
43228:'name and model, thecontracting officer may add a paragraph substantially the same as the following paragraph k to the basic',
43229:'clause: k defects in design or manufacture of equipment specified by the government on a brand name and model basis,',
43230:'shall not be included in this warranty. in thisevent, the contractor shall require any subcontractors, manufacturers,or suppliers thereof to execute',
43231:'their warranties, in writing, directly to the government. 52.24622 [reserved] 52.24623 limitation ofliability. as prescribed in 46.805, insert the following',
43232:'clause: limitation of liability feb 1997 a except as provided in paragraphs b and c of this clause, and except',
43233:'for remedies expressly provided elsewhere in this contract, the contractor shall not be liable for loss of or damage to',
43234:'property of the government excluding the supplies delivered under this contract that 1 occurs after government acceptance of the supplies',
43235:'delivered under this contract; and 2 results from any defects or deficiencies in the supplies. b the limitation of liability',
43236:'under paragraph a of this clause shall not apply when a defect or deficiency in, or the government’s acceptance of,the',
43237:'supplies results from willful misconduct or lack of goodfaith on thepart of any of thecontractor’s managerialpersonnel. the term contractor’s managerialpersonnel,',
43238:'as used in this clause, means the contractor’sdirectors,officers, and any of the contractor’s managers, superintendents, orequivalent representatives who have supervision',
43239:'or direction of 1 all orsubstantially all of the contractor’s business; 2 all orsubstantially all of the contractor’s operations at',
43240:'any one plant, laboratory,or separate location at which the contract is being performed; or 3 a separate and complete major',
43241:'industrial operation connected with the performance of this contract. c if the contractor carries insurance, or has established a reserve',
43242:'for selfinsurance, covering liability for loss or damage suffered by thegovernment through purchase or useof the supplies required to be',
43243:'delivered under this contract, the contractor shall be liable to the government, to the extent of such insurance or reserve,',
43244:'for loss of or damage to property of 52.2491 52.24624 federal acquisition regulation the government occurring after government acceptance of,',
43245:'and resulting from any defects or deficiencies in, the supplies delivered under this contract. end of clause 52.24624 limitation ofliabilityhighvalueitems.',
43246:'as prescribed in 46.805, insert the following clause: limitation of liabilityhighvalue items feb 1997 a except as provided in paragraphs',
43247:'b through e of this clause, and notwithstanding any other provision of this contract, the contractor shall not be liable',
43248:'for loss of or damage to property of the government including the supplies delivered under this contract that 1 occurs',
43249:'after government acceptance of the supplies delivered under this contract; and 2 results from any defects or deficiencies in the',
43250:'supplies. b the limitation of liability under paragraph a of this clause shall not apply when a defect or deficiency',
43251:'in, or the government’s acceptance of,the supplies results from willful misconduct or lack of goodfaith on thepart of any of',
43252:'thecontractor’s managerialpersonnel. the term contractor’s managerialpersonnel, as used in this clause, means the contractor’sdirectors,officers, and any of the contractor’s managers,',
43253:'superintendents, orequivalent representatives who have supervision or direction of 1 all orsubstantially all of the contractor’s business; 2 all orsubstantially',
43254:'all of the contractor’s operations at any one plant, laboratory,or separate location at which the contract is being performed; or',
43255:'3 a separate and complete major industrial operation connected with the performance of this contract. c if the contractor carries',
43256:'insurance, or has established a reserve for selfinsurance, covering liability for loss or damage suffered by thegovernment through purchase or',
43257:'useof the supplies required to be delivered under this contract, the contractor shall be liable to the government, to the',
43258:'extent of such insurance or reserve, for loss of or damage to property of the government occurring after government acceptance',
43259:'of, and resulting from any defects or deficiencies in, the supplies delivered under this contract. d 1thisclausedoesnotdiminishthecontractor’sobligations,totheextentthattheyariseotherwiseunderthis contract, relating to',
43260:'correction, repair, replacement, or other reliefforany defect or deficiency in supplies delivered under this contract. 2 unlessthis is a costreimbursement',
43261:'contract, if lossor damage occursand correction, repair, or replacement is not feasible or desired by the government, the contractor shall,',
43262:'as determined bythe contracting officer ipay the government the amount it would have cost the contractor to make correction, repair,',
43263:'or replacement before the loss or damage occurred; ii provide other equitable relief. e this clause shall not limit or',
43264:'otherwise affectthe government’s rights under clauses, if included in thiscontract, that cover 1 warrantyof technical data; 2 ground and flight',
43265:'risks or aircraft flight risks; or 3 government property. end of clause alternate i apr 1984. if the contract is',
43266:'for both highvalue items and other end items, the contracting officer shall identify the highvalue items by line item and',
43267:'insert the following preamble before paragraph a: this clause shall apply only to those items identified in this contract as',
43268:'being subject to this clause. 52.24625 limitation of liabilityservices. as prescribed in 46.805, insert the following clause: 52.2492 subpart 52.2',
43269:'text of provisions and clauses 52.24626 limitation of liabilityservices feb 1997 a except as provided in paragraphs b and c',
43270:'of this clause, and except to the extent that the contractor is expressly responsible under this contract for deficiencies in',
43271:'the services required to be performed under it including any materials furnished in conjunction with those services, the contractor shall',
43272:'not be liable for loss of or damage to property of the government that 1 occurs after government acceptance of',
43273:'services performed under this contract; and 2 results from any defects or deficiencies in the services performed or materials furnished.',
43274:'b the limitation of liability under paragraph a of this clause shall not apply when a defect or deficiency in,',
43275:'or the government’s acceptance of,services performed or materials furnishedresults from willful misconduct or lackof good faith onthe part ofany of',
43276:'the contractor’s managerial personnel. the term contractor’s managerial personnel, as usedin this clause, means the contractor’s directors, officers,and any of',
43277:'thecontractor’s managers, superintendents, or equivalent representatives who have supervision or direction of 1 all orsubstantially all of the contractor’s business;',
43278:'2 all orsubstantially all of the contractor’s operations at any one plant, laboratory,or separate location at which the contract is',
43279:'being performed; or 3 a separate and complete major industrial operation connected with the performance of this contract. c if',
43280:'the contractor carries insurance, or has established a reserve for selfinsurance, covering liability for loss or damage suffered by the',
43281:'government through thecontractor’s performanceof services or furnishing of materials under this contract, the contractor shall be liable to the government,',
43282:'to the extent of such insurance or reserve, for loss of or damage to property of the government occurring after',
43283:'government acceptance of, and resulting from any defects and deficiencies in, services performed or materials furnished under this contract. end',
43284:'of clause 52.24626 reporting nonconforming items. as prescribed in 46.317, insert the following clause reporting nonconforming items aug 2024 a',
43285:'definitions. as used in this clause— common item means an item that has multiple applications versus a single or peculiar',
43286:'application. counterfeit item means an unlawful or unauthorized reproduction, substitution, or alteration that has been knowingly mismarked, misidentified,or otherwise misrepresented',
43287:'tobe an authentic, unmodified itemfrom the originalmanufacturer, or a source with theexpress written authority of the original manufacturer orcurrent design',
43288:'activity, includingan authorized aftermarket manufacturer. unlawfulor unauthorized substitution includes useditemsrepresented as new, orthe false identificationof grade, serial number, lot number,date',
43289:'code, or performancecharacteristics. critical item means an item, the failure of which is likely to result in hazardous or unsafe',
43290:'conditions for individuals using, maintaining, or depending upon the item; or is likely to prevent performance of a vital agency',
43291:'mission. critical nonconformance means a nonconformance that is likely to result in hazardous or unsafe conditions for individuals using, maintaining,',
43292:'or depending upon the supplies or services; or is likely to prevent performance of a vital agency mission. design activity',
43293:'means an organization,government or contractor, that has responsibility for the design and configuration of an item, includingthe preparation or maintenanceof',
43294:'design documents. design activitycould be the original organization, or an organization to which design responsibility has been transferred. major nonconformance',
43295:'means a nonconformance, other than critical, that is likely to result in failure of the supplies or services, or to',
43296:'materially reduce the usability of the supplies or services for their intended purpose. suspect counterfeit item means an item for',
43297:'which credible evidence including but not limited to, visual inspection or testing provides reasonable doubt that the item is authentic.',
43298:'b the contractor shall— 1 screen governmentindustry data exchange program gidep reports, available at www.gidep.org, as a part of the',
43299:'contractors inspection system or program for the control of quality,to avoid theuse and delivery of counterfeitor suspect counterfeit items or',
43300:'delivery of items that contain a major or critical nonconformance. this requirement does not apply if the 52.2493 52.24626 federal',
43301:'acquisition regulation contractor is a foreign corporation or partnership that does not have an office, place of business, or fiscal',
43302:'paying agent inthe united states; 2 provide writtennotification to the contracting officer within 60 days of becoming aware or havingreason',
43303:'to suspect, such asthroughinspection, testing, record review, ornotification from another source e.g., seller,customer, third party that any enditem, component, subassembly,part,',
43304:'or material contained in supplies purchased bythe contractor for delivery to, or for, the government is counterfeit or suspect counterfeit;',
43305:'3 retain counterfeit or suspect counterfeit items in its possession at the time of discovery until disposition instructions have been',
43306:'provided by the contractingofficer; and 4 except as provided in paragraph c of this clause, submit a report to gidep',
43307:'at www.gidep.org within 60 days of becoming aware or havingreason to suspect, suchas through inspection,testing, recordreview, or notification from another',
43308:'source e.g., seller, customer, third party that an item purchased by the contractor for delivery to, orfor, thegovernmentis– i a',
43309:'counterfeit or suspect counterfeit item; or ii a common item that has a major or critical nonconformance. c the contractor',
43310:'shall not submit a report as required by paragraph b4 of this clause, if— 1 the contractor isa foreigncorporation orpartnership',
43311:'thatdoes not have an office, place ofbusiness, or fiscal paying agent in the united states; 2 the contractor is aware',
43312:'that the counterfeit, suspect counterfeit, or nonconforming item is the subject of an ongoing criminal investigation, unless the report is',
43313:'approved by the cognizant lawenforcement agency; or 3 for nonconforming items other than counterfeit or suspect counterfeit items, it can',
43314:'be confirmed that the organizationwhere the defect was generated e.g., original component manufacturer, original equipment manufacturer, aftermarket manufacturer,or distributorthat alters',
43315:'item propertiesor configuration has not released the itemto more than one customer. d reports submitted in accordance with paragraph b4',
43316:'of this clause shall not include— 1 trade secrets orconfidential commercialor financial informationprotected underthe trade secrets act 18 u.s.c. 1905;',
43317:'or 2 any other information prohibited from disclosure by statute or regulation. e additional guidance on the use of gidep',
43318:'is provided at https://www.gidep.org/login?returnurl=%2fdashboard. f if this is a contract with the department of defense, as provided in paragraph c5',
43319:'of section 818 of the national defense authorization act for fiscalyear 2012 pub. l. 11281, the contractoror subcontractor that provides',
43320:'a written report or notification under this clause that the end item, component, part, or material contained electronic parts i.e.,',
43321:'an integrated circuit, adiscrete electronic component including, but not limited to, a transistor, capacitor, resistor, or diode, or a circuit',
43322:'assembly that are counterfeit electronic parts or suspect counterfeit electronic parts shall not be subject to civil liability onthe basis',
43323:'ofsuch reporting, provided thatthe contractor or any subcontractor made a reasonable effort to determine that the report was factual. g',
43324:'subcontracts. 1 except as provided in paragraph g2 of this clause, the contractor shall insert this clause, including this paragraph',
43325:'g, in subcontracts that are for– i items subject to higherlevel quality standards in accordance with the clause at federal',
43326:'acquisition regulation far 52.24611, higherlevel contract quality requirement; ii items that the contractor determines to be critical items for which',
43327:'use of the clause is appropriate; iii electronic parts or end items, components, parts, or materials containing electronic parts, whether',
43328:'or not covered in paragraph g1i or ii of this clause, if the subcontract exceeds the simplified acquisition threshold, as',
43329:'defined in far 2.101 on the date of subcontractaward,and this contract is by, or for,the department of defense asrequired by',
43330:'paragraph c4 ofsection 818 of the national defense authorization act for fiscalyear 2012 pub. l. 11281; or iv for the',
43331:'acquisition of services, if the subcontractor will furnish, as part of the service, any items that meet the criteria specified',
43332:'in paragraphs g1i through g1iii of this clause. 2 the contractor shall not insert the clause in subcontracts for– i',
43333:'commercial products and commercial services; or ii medical devices that are subject to the food and drug administration reporting requirements',
43334:'at 21 cfr 803. 3 the contractor shall not alter the clause other than to identify the appropriate parties. end',
43335:'of clause 52.2494 subpart 52.2 text of provisions and clauses 52.2473 52.247[reserved] 52.2471commercial bill of lading notations. as prescribed in',
43336:'47.1044, insert the following clause: commercial bill of lading notations feb 2006 when the contracting officer authorizes supplies to be',
43337:'shipped ona commercial billof lading and the contractor will be reimbursed these transportation costs as direct allowable costs, the contractor',
43338:'shall ensure before shipment is made that the commercial shipping documents are annotated with either of the following notations, as',
43339:'appropriate: a if the government is shown as the consignor or the consignee, the annotation shall be: transportation isforthe [name',
43340:'the specific agency] and theactual totaltransportation charges paidto the carriers by theconsignor or consignee are assignable to, and shall be',
43341:'reimbursed by, the government. b if the government is not shown as the consignor or the consignee, the annotation shall',
43342:'be: transportation isforthe [name the specific agency] and theactual totaltransportation charges paidto the carriers by the consignor or consignee shall',
43343:'be reimbursed by the government, pursuant to costreimbursement contract no. . this may be confirmed by contacting [name and address',
43344:'of the contract administration office listed in the contract]. end of clause 52.2472 permits, authorities, or franchises. as prescribed in',
43345:'47.2071a, insert the following clause: permits, authorities, or franchises jan 1997 a theofferor does □, does not □, hold authorization',
43346:'from thefederal highway administration fhwaor other cognizantregulatorybody. if authorization is held, it isas follows: name of regulatory body authorization no.',
43347:'b the offeror shall furnish to the government, if requested, copiesof the authorization before moving the material under any contract',
43348:'awarded. in addition, the offerorshall, at the offeror’s expense, obtain and maintain any permits, franchises, licenses, and other authorities issued',
43349:'by state and local governments. end of clause 52.2473 capability to perform a contract for the relocation of a federal',
43350:'office. as prescribed in 47.2071b, insert the following clause in solicitations and contracts for transportation or for transportationrelated services whena',
43351:'federal office isrelocated, to ensure that offerors are capable to perform interstate or intrastate moving contracts involvingthe relocationof federal offices:',
43352:'capability to perform a contract for the relocation of a federal officefeb 2006 a if the move specified in this',
43353:'contract is to be performed by the contractor as a carrier within the borders of more than one state, including',
43354:'the district of columbia, i.e., an interstate move, the contractor shall have obtained and hold appropriate and current operating authority',
43355:'from the federal motor carrier safety administration. b 1 if the move specified in this contract is to be performed',
43356:'by the contractor as a carrier wholly within the borders of one state or the district of columbia i.e., an',
43357:'intrastate move, the contractor shall, when required by the state, or the district of columbia, in which the move is',
43358:'to take place, have obtained and hold appropriate and current operating authority from that jurisdiction in the form of a',
43359:'certificate, permit, or equivalent license to operate. 2 if no authority to operate is required by the state or the',
43360:'district of columbia, the contractor as carrier shall maintain facilities, equipment, and a business address within the jurisdiction in which',
43361:'the move is to take place. however, if the move is to originate and/or terminate within an area of one',
43362:'state, or the district of columbia, that comprises a part of a recognized 52.2495 52.2474 federal acquisition regulation commercial zone',
43363:'see subpart b of 49 cfr part 372 the boundaries of which encompass portions of more than one state or',
43364:'the district ofcolumbia,itshallbe sufficientif the contractoras carrier maintains facilities, equipment, and a business address within the commercial zone and holds',
43365:'appropriate operating authority, if required, from the jurisdiction within which the contractor maintains the facilities, equipment, and business address. c',
43366:'if the move specified in this contract will not be performed bythe contractor as carrier, it must beperformed for the',
43367:'contractor by a carrier operating undera subcontract with the contractor. inthiscase, the contractor shall not be subject to the requirements',
43368:'of paragraphs a and b of this clause, but shall be responsible for requiring and ensuring that the subcontractor carrier',
43369:'complies with those requirements in every respect. d the contractor shall be in compliance with the applicable requirements of this',
43370:'clause at least 14 days before the date on which performance of the contract shall commence under the terms specified;',
43371:'except that, if the period from the date of award of the contract to the date that performance shall commence',
43372:'is less than 28 days, the contractor shall comply with the applicable requirements of this clause midway between the time',
43373:'of award and the time of commencement of performance. end of clause alternate i apr 1984. if a federal office',
43374:'move is intrastate and the contracting officer determines that it is in the government’s interestnot to apply the requirements for',
43375:'holding or obtaining state authorityto operate withinthe state, and to maintain a facility within the state or commercial zone, delete',
43376:'paragraph b of the basic clause and redesignate the remaining paragraphsb and c. in the 6 th line of the',
43377:'new paragraph b, delete the words paragraphsa and b above and replace them with paragraph a of this clause. 52.2474',
43378:'inspection of shipping and receiving facilities. as prescribed in 47.2071c, insert the following provision in solicitations for transportation or for',
43379:'transportationrelated services when it isdesired for offerors to inspect theshipping, receiving, or othersites to ensure realistic bids: inspection of shipping',
43380:'and receiving facilities apr 1984 a offerors are urged to inspect the shipping and receiving facilities where servicesare tobe performed',
43381:'and to satisfy themselves regarding allgeneral and local conditions that may affect thecostof contractperformance. b site visits have been scheduled',
43382:'as follows: locations dates times c for further information offerors may contact: name telephone end of clause 52.2475 familiarization with',
43383:'conditions. as prescribed in 47.2071d, insert the following clause in solicitations and contracts for transportation or for transportationrelated services to',
43384:'ensure that offerors become familiarwith conditions underwhich and where the services will be performed: familiarization with conditions apr 1984 the',
43385:'offeror shall becomefamiliar withallavailableinformationregarding difficulties that may be encountered and the conditions, including safetyprecautions, underwhich the work must beaccomplished underthe',
43386:'contract. the offerorshall not be relievedfrom assuming all responsibility for properly estimating the difficultiesand the cost of performing the services',
43387:'required in this contract because theofferor failed to investigate the conditionsor to become acquainted with all information concerning the services',
43388:'to be performed. end of clause 52.2496 subpart 52.2 text of provisions and clauses 52.2479 52.2476 financial statement. as prescribed',
43389:'in 47.2071e, insert the following provision in solicitations for transportation or for transportationrelated services toensure that offerors are prepared to',
43390:'furnish financial statements: financial statement apr 1984 the offeror shall, upon request, promptlyfurnish the government with acurrent certified statement of',
43391:'theofferor’s financial condition and such data asthe government may requestwith respect to the offeror’s operations. the government will use this',
43392:'information to determine the offeror’s financial responsibility and abilityto perform under the contract. failure of an offeror to complywith a',
43393:'request for information willsubject theoffer to possible rejection on responsibility grounds. end of clause 52.2477freight excluded. as prescribed in 47.2073d2,',
43394:'insert a clause substantially as follows in solicitations and contracts for transportation or for transportationrelated services when any commodities or',
43395:'types of shipments have been identified for exclusion: freight excluded apr 1984 excluded from the scope of this contract are',
43396:'shipments that can be more advantageously or economically moved via parcel post or small package carrier; shipments of unusual value,',
43397:'explosives and other dangerous articles, household goods, commodities in bulk, commodities injurious or contaminating to other freight; and shipments that',
43398:'the government may elect to move in government vehicles. end of clause 52.2478estimated weights or quantities not guaranteed. as prescribed',
43399:'in 47.2073e2, insert the following clause in solicitations and contracts for transportation or for transportationrelated services when weights or quantities',
43400:'are estimates: estimated weights or quantities not guaranteedapr 1984 the estimated weights or quantities are not a guarantee of actual',
43401:'weights or quantities, as the government does not guarantee anyparticular volume of trafficdescribed in this contract. however, to the extentservicesare',
43402:'required as described in this contractand in accordance with the terms of this contract, orders for these services will be',
43403:'placed with the contractor. end of clause 52.2479agreed weightgeneral freight. as prescribed in 47.2074a1, insert the following clause in solicitations',
43404:'and contracts for transportation or for transportationrelated services when the shipping activity determines the weight of shipments of freight other',
43405:'than household goods or office furniture: agreed weightgeneral freight apr 1984 the shipping activity shall determine the weight of each',
43406:'shipment. the weight shall be shown on the covering shipping document and shall be accepted by the contractor as the',
43407:'agreed weight. end of clause 52.2497 52.24710 federal acquisition regulation 52.24710 net weightgeneralfreight. as prescribed in 47.2074a2, insert the following',
43408:'clause in solicitations and contracts for transportation or for transportationrelated services whenthe weightof shipments offreight other than householdgoodsor office furniture',
43409:'is not known at the time of shipment and the contractor is responsible for determining the net weight of the',
43410:'shipments: net weightgeneral freightapr 1984 a the net weight of the shipment shall be determined by deducting the tare weight',
43411:'of the vehicle determined by having the empty vehicle with a full tank of fuel weighed by a certified weighmaster',
43412:'on a certified scale from the gross weight of the vehicle determined by having the loaded vehicle with a full',
43413:'tank of fuel weighed by a certified weighmaster on a certified scale. b the contractor shall attach the original copies',
43414:'of the empty and loaded weight certificates to the invoice for services. end of clause 52.24711net weighthousehold goodsor office furniture.',
43415:'as prescribed in 47.2074b, insert the following clause in contracts for transportation or for transportationrelated services when movements of government',
43416:'employees’ household goods or relocations ofgovernmentoffices are involved: net weighthousehold goods or office furniture apr 1984 a net weightfull loads.',
43417:'the net weight of the shipment shall be determined by deducting the tare weight of the vehicle determined by having',
43418:'a certified weighmaster weigh on a certified scale the empty vehicle with all blankets, pads, chains, dollies, hand trucks, and',
43419:'all other necessary equipment inside the vehicle from the gross weight of the vehicle determined by having a certified weighmaster',
43420:'weigh on a certified scale the fully loaded vehicle before arrival at destination. b net weightpart loads. the net weight',
43421:'of the first part load shall be determined in the same manner as specified for a full load. the net',
43422:'weight of the second part load shall be determined by using as the tare weight of the vehicle the gross',
43423:'weight of the vehicle containing the first part load and deducting this weight from the new gross weight determined by',
43424:'having the loaded vehicle weighed again, in the same manner as specified for the full load. the same procedure shall',
43425:'apply for each succeeding part load. c weight certificates. the contractor shall attach the original copy of each weight certificate',
43426:'to the invoice for services. end of clause 52.24712 supervision, labor, ormaterials. as prescribed in 47.2075b, insert a clause substantially',
43427:'as follows in solicitations and contracts for transportation or for transportationrelated services whenthe contractor is required tofurnish supervision, labor, or',
43428:'materials: supervision, labor, or materials apr 1984 the contractor shall furnish adequatesupervision, labor, materials, supplies, and equipment necessaryto perform all',
43429:'the services contemplated under this contractin anorderly, timely, and efficient manner. end of clause 52.24713 accessorial servicesmoving contracts. as prescribed',
43430:'in 47.2075c, insert a clause substantially as follows in solicitations and contracts for the transportation of household goods oroffice furniture:',
43431:'accessorial servicesmoving contracts apr 1984 a packing and/or crating and padding. the contractor shall 1 perform all of the packing',
43432:'and/or crating and padding necessary for the protection of the goods to be transported; 52.2498 subpart 52.2 text of provisions',
43433:'and clauses 52.24716 2 furnish packing containers, including, but not limited to, barrels, boxes, wardrobes, and cartons; all crating materials;',
43434:'and all padding materials and equipment; 3 furnishor cause to be furnished, when necessary, padding or other protective material for',
43435:'theinterior of the buildings, including elevators, from and to which the property will be moved under this contract; and 4',
43436:'ensure that all containersand materials are clean and ofqualitysufficient for protectionof the goods. b disassembling and reassembling of property and',
43437:'servicing appliances. the disassembling of property;e.g., beds and sectional bookcases, and the preparing of appliances; e.g., washers, driers, and record',
43438:'players, for shipment shall be performed by the contractor. the contractorshallreassemble the property and service the appliances upon delivery at',
43439:'the new location. c unpacking and/or uncrating and placement of property. the contractor shall unpack and/or uncrate all property that',
43440:'was packed and/or crated for movement under this contract. the contractor shall also place the property in the new location',
43441:'as instructed by the owner of the property or authorized representative, and shall remove all packing and similar or related',
43442:'material from the premises asrequested bytheowner. end of clause 52.24714 contractor responsibility for receipt of shipment. as prescribed in 47.2075d,',
43443:'insert the following clause in solicitations and contracts for transportation or for transportationrelated services: contractor responsibility for receipt of shipment',
43444:'apr 1984 the contractor shall diligently count and examine all goods tendered for shipment, receipt for them, and make appropriate',
43445:'written exception for any goods not in apparent good order. end of clause 52.24715 contractor responsibility for loading and unloading.',
43446:'as prescribed in 47.2075e, insert the following clause in solicitations and contracts for transportation or for transportationrelated services when the',
43447:'contractor is responsible for loading and unloading shipments: contractor responsibility for loading and unloading apr 1984 a 1unlessotherwisespecifiedinthiscontracttocoverstoredoororinsidedelivery,thecontractorshallloadand unload shipments',
43448:'at no additional expense to the government. 2 the government or its agent will place or receive freight atthe tailgate',
43449:'of the contractor’s vehicle. tailgate delivery, for purposes of thiscontract, isdefined as that which enablesa forklift truck or similar equipment,',
43450:'with operator only,to place or remove cargo from the tailgate ofthe contractor’svehicle. b if loading is the responsibility of the',
43451:'contractor, thecontractor shall perform all shoring, blocking, and bracing. the contractor shall provide dunnage at thecontractor’s expense. end of clause',
43452:'52.24716 contractor responsibility for returning undelivered freight. as prescribed in 47.2075f, insert the following clause in solicitations and contracts for',
43453:'transportation or for transportationrelated services when the contractor is responsible for returning undelivered freight: contractor responsibility for returning undelivered freight',
43454:'apr 1984 a when, through no fault ofthe contractor, a shipment cannot be delivered, the contractor shall contact the shipper',
43455:'for disposition instructions. if the shipmentis ordered returned to the origin point, the charges assessed for the return tripshallbe thesame',
43456:'asthe charges assessedforthe outbound trip. the shipper shall maintain a record of the goods that,throughno fault 52.2499 52.24717 federal acquisition',
43457:'regulation of the contractor, could not be delivered and are returned tothe shipper. if, at a future date, the returned',
43458:'goodsare determined to be related to aclaim against the contractor,the claim will be adjustedaccordingly. b when,throughthe fault of the contractor,a',
43459:'shipment cannot bedelivered, the contractor shall return the shipment to theorigin point at no chargeto thegovernment. any charges incurred for',
43460:'redelivery, which are in excess of thecharges that would have been incurred under this contract, shall be for thecontractor’s account',
43461:'in accordance with the default clause of the contract. end of clause 52.24717 charges. as prescribed in 47.2076a2, insert the',
43462:'following clause in solicitations and contracts for transportation or for transportationrelated services: charges apr 1984 in noeventshallcharges under this contractbe',
43463:'inexcess of chargesbased on thecontractor’s lowest rate available to the general public,or be in excess of charges based on rates',
43464:'otherwise tendered to the government bythe contractor for the same type of service. end of clause 52.24718 multiple shipments. as',
43465:'prescribed in 47.2076c5i, insert the following clause in solicitations and contracts for transportation or for transportationrelated services when multiple shipments',
43466:'are tendered at one time to the contractor for transportation from one origin to two or more consignees at the',
43467:'same destination: multiple shipments apr 1984 when multiple shipments are tendered at one time to the contractor for movement from',
43468:'one origin to multiple consignees at the same destination, the rate charged for each shipment shall be the rate applicableto',
43469:'theaggregate weight. end of clause 52.24719 stoppingin transit for partial unloading. as prescribed in 47.2076c5ii, insert the following clause in',
43470:'solicitations and contracts for transportation or for transportationrelated services when multiple shipments are tendered at one time to the contractor',
43471:'for transportation from one origin to two or more consignees along the route between origin and last destination: stopping in',
43472:'transit for partial unloading apr 1984 when multiple shipments are tendered at one time to the contractor for movement from',
43473:'one origin to two or more consignees along theroutebetween the origin and thelast destination, the rate chargedshallbe therate applicable to',
43474:'theaggregate weight, plus acharge of $ for each shipment unloaded at an intermediate point en route to the last destination.',
43475:'end of clause 52.24720 estimated quantities or weights for evaluation of offers. as prescribed in 47.2076c6, insert the following provision',
43476:'in solicitations for transportation or for transportation related services when quantities or weights of shipments between each origin and destination',
43477:'are not known, stating estimated quantity or weight for each origin/destination pair: estimated quantities or weights for evaluation of offersapr',
43478:'1984 52.2500 subpart 52.2 text of provisions and clauses 52.24723 for the purpose of evaluatingoffers, and for no other purpose,the',
43479:'following estimated quantities or weights will be considered as the quantities or weights to be shipped between each origin and',
43480:'destination listed: origin destination estimated quantity or weight end of clause 52.24721 contractor liability for personal injury and/or property damage.',
43481:'as prescribed in 47.2077c, insert the following clause in solicitations and contracts for transportation or for transportationrelated services: contractor liability',
43482:'for personal injury and/or property damage apr 1984 a the contractor assumes responsibility for all damage or injury to persons',
43483:'or property occasioned through the use, maintenance, and operationof the contractor’s vehicles orotherequipment by, or the action of, the contractor',
43484:'or the contractor’semployees andagents. b the contractor, atthe contractor’sexpense, shall maintain adequate public liability andpropertydamage insurance during the continuance of',
43485:'this contract, insuring the contractor against all claims for injury or damage. c thecontractor shall maintain workers’ compensation and other',
43486:'legally required insurance with respectto the contractor’sown employees and agents. d the government shall in no event be liable or',
43487:'responsible for damage or injury to any person or property occasioned through theuse, maintenance, or operation of any vehicle orotherequipment',
43488:'by, or the action of, the contractor or the contractor’semployees andagents inperforming underthis contract, and the government shall be indemnifiedandsaved',
43489:'harmless against claims for damage or injury in such cases. end of clause 52.24722 contractor liability for loss of and/or',
43490:'damage tofreight other than household goods. as prescribed in 47.2077d, insert the following clause in solicitations and contracts for the',
43491:'transportation of freight other than household goods: contractor liability for loss of and/or damage to freight other than household goods',
43492:'apr 1984 except when loss and/or damage arises out of causes beyond the control and without the fault or negligence',
43493:'of the contractor, the contractor shall assume full liability for any and all goods lost and/or damaged in the movement',
43494:'covered by this contract. end of clause 52.24723 contractor liability for loss of and/or damage to household goods. as prescribed',
43495:'in 47.2077e, insert the following clause: contractor liability for loss of and/or damage to household goods jan 1991 a except',
43496:'when loss and/or damage arise out of causes beyond the control and without the fault or negligence of the contractor,',
43497:'the contractor shall be liable to the owner for the loss of and/ordamage to any articlewhile being 1 packed, picked',
43498:'up, loaded, transported, delivered, unloaded, or unpacked; 52.2501 52.24724 federal acquisition regulation 2 stored in transit; or 3 serviced appliances,',
43499:'etc. by a third person hired by the contractor to perform the servicing. b the contractor shall be liable for',
43500:'loss and/or damage discovered by the owner if written notice of such loss and/or damage is dispatched tothe contractor not',
43501:'later than 75 daysfollowing the date of delivery. c the contractor shall indemnify the owner of the goods at a',
43502:'rate of cents per pound per article. end of clause 52.24724 advance notification by the government. as prescribed in 47.2078a1,',
43503:'insert the following clause in solicitations and contracts for transportation or for transportationrelated services when the government is responsible for',
43504:'notifying the contractor of specific service times or unusual shipments: advance notification by the government apr 1984 the government will',
43505:'notify the contractor hours in advance of the number of pieces and weight of all normal shipments and the time',
43506:'the shipment will be available for pickup. on otherthannormal shipments, the government will furnish additional information; e.g., dimension of oversized',
43507:'pieces, as necessary to determine the amount of equipment and/or manpower needed to perform the required services. end of clause',
43508:'52.24725 governmentfurnished equipment withor withoutoperators. as prescribed in 47.2078a2i, insert the following clause in solicitations and contracts for transportation or',
43509:'for transportationrelated services when the government furnishes equipment with or without operators: governmentfurnished equipment with or without operators apr 1984',
43510:'the government will provide [insert equipment; e.g.,forklifts] with or without operators at [strike out with or without, as applicable, and',
43511:'insert origin, destination, or both] to assist in [insert loading, unloading, or both], when required. end of clause 52.24726 government',
43512:'direction and marking. as prescribed in 47.2078a3, insert the following clause in solicitations and contracts for transportation or for transportationrelated',
43513:'services whenoffice relocations are involved: government direction and marking apr 1984 the agency being relocatedshalltag or mark property, showing floor,',
43514:'room number,andlocationwhere property is to beplacedin thenew building. the agency shall providesufficient personnel to directthe contractor’spersonnel in the placement of',
43515:'the property at destination. end of clause 52.24727 contract notaffected by oral agreement. as prescribed in 47.2078b, insert the following',
43516:'clause in solicitations and contracts for transportation or for transportationrelated services: contract not affected by oral agreementapr 1984 52.2502 subpart',
43517:'52.2 text of provisions and clauses 52.24729 no oral statement of any person shall modify orotherwise affect the terms, conditions,',
43518:'or specifications stated inthis contract. all modificationsto thecontract must bemade in writingby the contracting officer or an authorizedrepresentative. end of',
43519:'clause 52.24728 contractor’s invoices. as prescribed in 47.2079c, insert the following clause in solicitations and contracts for drayage or other',
43520:'term con tracts for transportation or for transportationrelated services: contractor’s invoices apr 1984 the contractor shall submit itemized invoices as',
43521:'instructed by the agency ordering services under this contract. the contractor shall annotate each invoice withthe contract number and other',
43522:'ordering officedocument identification. end of clause 52.24729 f.o.b. origin. as prescribed in 47.3031c, insert the following clause: f.o.b. origin feb',
43523:'2006 a the term f.o.b. origin, as used in this clause, means free of expense to the government delivered 1',
43524:'on board the indicated type of conveyance of the carrier or of the government, if specified at a designated point',
43525:'in the city, county, and statefrom whichthe shipment will be made and from which linehaul transportation serviceas distinguished from switching,',
43526:'local drayage, or other terminal service will begin; 2 to,andplacedon,the carrier’s wharf at shipside, withinreachof the ship’sloading tackle, whenthe shipping',
43527:'point is within a port area havingwater transportationservice or thecarrier’s freight station; 3 to a u.s. postal service facility; or',
43528:'4 if stated in the solicitation, to any government designated point located within the same city or commercial zone as',
43529:'the f.o.b. origin point specified in the contract the federal motor carrier safety administration prescribes commercial zones at subpart b',
43530:'of 49 cfr part 372. b the contractor shall 1 i pack and mark the shipment to comply with contract',
43531:'specifications; or ii in the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods',
43532:'and to ensure assessmentof the lowestapplicable transportationcharge; 2 i order specified carrier equipment when requested by the government; or ii',
43533:'if not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment; 3 deliverthe shipment in good',
43534:'order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckloadshipment when loaded bythe contractor',
43535:'on or in the carrier’s conveyanceas required by carrier rules and regulations; 4 be responsible for any loss of and/or',
43536:'damage to the goods i occurring before delivery to the carrier; ii resulting from improper packing and marking; or iii',
43537:'resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the contractor on or in',
43538:'the carrier’s conveyance; 5 completethe government bill of lading supplied by the ordering agency or, when a government bill of',
43539:'lading is not supplied, prepare a commercial bill of lading or other transportation receipt. the bill of lading shall show',
43540:'iadescription ofthe shipment in terms of the governing freightclassification ortariff or government rate tender under which lowest freight rates are',
43541:'applicable; iithe seals affixedto theconveyance with theirserialnumbers or other identification; iii lengths and capacities of cars or trucks ordered and',
43542:'furnished; iv otherpertinent information required to effect prompt delivery to the consignee, including name,delivery address, postal address and zip code',
43543:'of consignee, routing, etc. ; 52.2503 52.24730 federal acquisition regulation v special instructions or annotations requested by the ordering agency',
43544:'for commercial bills of lading; e.g., this shipment is the property of, and the freight charges paid to the carriers',
43545:'will be reimbursed by, the government;and vi the signature of the carrier’s agent and the date the shipment is received',
43546:'bythe carrier; and 6 distribute the copies of thebill oflading, orothertransportation receipts, as directed by the ordering agency. c these',
43547:'contractor responsibilities are specified for performance at the plant or plants at which the supplies are to be finally inspected',
43548:'and accepted, unless thefacilities for shipment by carrier’sequipment are notavailableat the contractor’s plant, in which case the responsibilities shall be',
43549:'performed f.o.b. the point or points in the same or nearest city where the specified carrier’s facilities areavailable; subject, however,',
43550:'to the following qualifications: 1 if the contractor’s shipping plant is located in the state of alaska orhawaii,the contractor shall',
43551:'deliver the supplies listed for shipment outside alaska orhawaii to the port of loading in alaska orhawaii,respectively, as specified in',
43552:'thecontract, at contractor’sexpense, andto that extent the contract shall be f.o.b. destination. 2 notwithstanding paragraph c1 of thisclause, if the',
43553:'contractor’s shippingplant is located in the state of hawaii, and the contract requires delivery to be made by container service,',
43554:'the contractor shall deliver the supplies, at the contractor’sexpense, to thecontainer yard in the same or nearestcity where seavan container',
43555:'service is available. end of clause 52.24730 f.o.b. origin, contractor’s facility. as prescribed in 47.3032c, insert the following clause in',
43556:'solicitations and contracts when the delivery term is f.o.b. origin, contractor’sfacility: f.o.b. origin, contractor’s facility feb 2006 a theterm f.o.b.',
43557:'origin, contractor’s facility, as used in this clause, means free ofexpenseto the government delivered on board the indicated type ofconveyance',
43558:'ofthe carrier or of the government,if specified at thedesignated facility, onthe named street or highway, in the city, county, andstate',
43559:'from which the shipment willbe made. b the contractor shall 1 i pack and mark the shipment to comply with',
43560:'contract specifications; or ii in the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the',
43561:'goods and to ensure assessmentof the lowestapplicable transportationcharge; 2 i order specified carrier equipment when requested by the government; or',
43562:'ii if not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment; 3 deliverthe shipment in',
43563:'good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckloadshipment when loaded bythe',
43564:'contractor on or in the carrier’s conveyanceas required by carrier rules and regulations; 4 be responsible for any loss of',
43565:'and/or damage to the goods i occurring before delivery to the carrier; ii resulting from improper packing and marking; or',
43566:'iii resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the contractor on or',
43567:'in the carrier’s conveyance; 5 completethe government bill of lading supplied by the ordering agency or, when a government bill',
43568:'of lading is not supplied, prepare a commercial bill of lading or other transportation receipt. the bill of lading shall',
43569:'show iadescription ofthe shipment in terms of the governing freightclassification ortariff or government rate tender under which lowest freight rates',
43570:'are applicable; iithe seals affixedto theconveyance with theirserialnumbers or other identification; iii lengths and capacities of cars or trucks ordered',
43571:'and furnished; iv otherpertinent information required to effect prompt delivery to the consignee, including name,delivery address, postal address and zip',
43572:'code of consignee, routing, etc. ; v special instructions or annotations requested by the ordering agency for bills of lading;',
43573:'e.g.,this shipment is the property of, and the freight charges paid to the carriers will be reimbursed by, the government;',
43574:'and vi the signature of the carrier’s agent and the date the shipment is received bythe carrier; and 52.2504 subpart',
43575:'52.2 text of provisions and clauses 52.24731 6 distribute the copies of thebill oflading, orothertransportation receipts, as directed by the',
43576:'ordering agency. end of clause 52.24731 f.o.b. origin, freight allowed. as prescribed in 47.3033c, insert the following clause: f.o.b. origin,',
43577:'freight allowed feb 2006 a the term f.o.b. origin, freight allowed, as used in this clause, means 1 free of',
43578:'expense to the government delivered i on board the indicated type of conveyance of the carrier or of the government,',
43579:'if specified at a designated point in the city, county, and statefrom whichthe shipmentswill be made and from whichlinehaul transportation',
43580:'service as distinguished from switching, local drayage, or other terminal service will begin; iito, and placed on, thecarrier’s wharf at',
43581:'shipsidewithin reach of the ship’s loading tackle when the shipping point is within a port area havingwater transportationservice or thecarrier’s',
43582:'freight station; iii to a u.s. postal service facility; or iv if stated in the solicitation, to any governmentdesignated point',
43583:'located within the same city or commercial zone as the f.o.b. origin point specified in the contract the federal motor',
43584:'carrier safety administration prescribes commercial zones at subpart b of 49 cfr part 372; and 2 an allowance for freight,based',
43585:'on applicable publishedtariff rates or government rate tenders between the points specified in the contract, is deducted from the contract',
43586:'price. b the contractor shall 1 i pack and mark the shipment to comply with contract specifications; or ii in',
43587:'the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessmentof',
43588:'the lowestapplicable transportationcharge; 2 i order specified carrier equipment when requested by the government; or ii if not specified, order',
43589:'appropriate carrier equipment not in excess of capacity to accommodate shipment; 3 deliverthe shipment in good order and condition to',
43590:'the carrier, and load, stow, trim, block, and/or brace carload or truckloadshipment when loaded bythe contractor on or in the',
43591:'carrier’s conveyanceas required by carrier rules and regulations; 4 be responsible for any loss of and/or damage to the goods',
43592:'i occurring before delivery to the carrier; ii resulting from improper packing and marking; or iii resulting from improper loading,',
43593:'stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the contractor on or in the carrier’s conveyance; 5',
43594:'completethe government bill of lading supplied by the ordering agency, or when a government bill of lading is not supplied,',
43595:'prepare a commercial bill of lading or other transportation receipt. the bill of lading shall show iadescription ofthe shipment in',
43596:'terms of the governing freightclassification ortariff or government rate tender under which lowest freight rates are applicable; iithe seals affixedto',
43597:'theconveyance with theirserialnumbers or other identification; iii lengths and capacities of cars or trucks ordered and furnished; iv otherpertinent information',
43598:'required to effect prompt delivery to the consignee, including name,delivery address, postal address and zip code of consignee, routing, etc.',
43599:'; v special instructions or annotations requested by the ordering agency for commercial bills of lading;e.g., this shipment is the',
43600:'property of, and the freight charges paid to the carriers will be reimbursed by, the government; and vi the signature',
43601:'of the carrier’s agent and the date the shipment is received bythe carrier; and 6 distribute the copies of thebill',
43602:'oflading, orothertransportation receipts, as directed by the ordering agency. c these contractor responsibilities are specified for performance at the plant',
43603:'or plants at which the supplies are to be finally inspected and accepted, unless thefacilities for shipment by carrier’sequipment are',
43604:'notavailableat the contractor’s plant, in which case the responsibilities shall be performed f.o.b. the point or points in the same',
43605:'or nearest city where the specified carrier’s facilities areavailable; subject, however, to the following qualifications: 52.2505 52.24732 federal acquisition regulation',
43606:'1 if the contractor’s shipping plant is located in the state of alaska orhawaii,the contractor shall deliver the supplies listed',
43607:'for shipment outside alaska orhawaii to the port of loading in alaska orhawaii,respectively, as specified in thecontract, at contractor’sexpense, andto',
43608:'that extent the contract shall be f.o.b. destination. 2 notwithstanding paragraph c1 of thisclause, if the contractor’s shippingplant is located',
43609:'in the state of hawaii, and the contract requires delivery to be made by container service, the contractor shall deliver',
43610:'the supplies, at the contractor’sexpense, to thecontainer yard in the same or nearestcity where seavan container service is available. end',
43611:'of clause 52.24732 f.o.b. origin, freight prepaid. as prescribed in 47.3034c, insert the following clause: f.o.b. origin, freight prepaid feb',
43612:'2006 a the term f.o.b. origin, freight prepaid, as used in this clause, means 1 free of expense to the',
43613:'government delivered i on board the indicated type of conveyance of the carrier or of the government, if specified at',
43614:'a designated point in the city, county, and statefrom whichthe shipmentswill be made and from whichlinehaul transportation service as distinguished',
43615:'from switching, local drayage, or other terminal service will begin; iito, and placed on, thecarrier’s wharf at shipside, within reach',
43616:'of the ship’s loadingtackle, when theshipping point is within a port area havingwater transportationservice or thecarrier’s freight station; iii to',
43617:'a u.s. postal service facility; or iv if stated in the solicitation, to any governmentdesignated point located within the same',
43618:'city or commercial zone as the f.o.b. origin point specified in the contract the federal motor carrier safety administration prescribes',
43619:'commercial zones at subpart b of 49 cfr part 372; and 2 the cost oftransportation,ultimately the government’s obligation, isprepaid by',
43620:'the contractor tothe point specified in the contract. b the contractor shall 1 i pack and mark the shipment to',
43621:'comply with contract specifications; or ii in the absence of specifications, prepare the shipment in conformance with carrier requirements to',
43622:'protect the goods and to ensure assessmentof the lowestapplicable transportationcharge; 2 i order specified carrier equipment when requested by the',
43623:'government; or ii if not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment; 3 deliverthe',
43624:'shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckloadshipment when',
43625:'loaded bythe contractor on or in the carrier’s conveyanceas required by carrier rules and regulations; 4 be responsible for any',
43626:'loss of and/or damage to the goods i occurring before delivery to the carrier; ii resulting from improper packing or',
43627:'marking; or iii resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the contractor',
43628:'on or in the carrier’s conveyance; 5 prepare a bill of lading or other transportation receipt. the bill of lading',
43629:'shall show iadescription ofthe shipment in terms of the governing freightclassification ortariff or government rate tender under which lowest freight',
43630:'rates are applicable; iithe seals affixedto theconveyance with theirserialnumbers or other identification; iii lengths and capacities of cars or trucks',
43631:'ordered and furnished; iv otherpertinent information required to effect prompt delivery to the consignee, including name,delivery address, postal address and',
43632:'zip code of consignee, routing, etc. ; v special instructions or annotations requested by the ordering agency for bills of',
43633:'lading; e.g., this shipment is the property of, and the freight charges paid to the carriers will be reimbursed by,',
43634:'the government; and vi the signature of the carrier’s agent and the date the shipment is received bythe carrier; 6',
43635:'distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering agency; and 7',
43636:'prepay all freight charges to theextent specified inthe contract. 52.2506 subpart 52.2 text of provisions and clauses 52.24733 c these',
43637:'contractor responsibilities are specified for performance at the plant or plants at which these supplies are to be finally inspected',
43638:'and accepted, unless thefacilities for shipment by carrier’sequipment are notavailableat the contractor’s plant, in which case the responsibilities shall be',
43639:'performed f.o.b. the point or points in the same or nearest city where the specified carrier’s facilities areavailable; subject, however,',
43640:'to the following qualifications: 1 if the contractor’s shipping plant is located in the state of alaska orhawaii,the contractor shall',
43641:'deliver the supplies listed for shipment outside alaska orhawaii to the port of loading in alaska orhawaii,respectively, as specified in',
43642:'thecontract, at contractor’sexpense, andto that extent the contract shall be f.o.b. destination. 2 notwithstanding paragraph c1 of thisclause, if the',
43643:'contractor’s shippingplant is located in the state of hawaii, and the contract requires delivery to be made by container service,',
43644:'the contractor shall deliver the supplies, at the contractor’sexpense, to thecontainer yard in the same or nearestcity where seavan container',
43645:'service is available. end of clause 52.24733 f.o.b. origin, with differentials. as prescribed in 47.3035c, insert the following clause: f.o.b.',
43646:'origin, with differentials feb 2006 a theterm f.o.b. origin, with differentials, as used in this clause, means 1 free of',
43647:'expense to the government delivered i on board the indicated type of conveyance of the carrier or of the government,',
43648:'if specified at a designated point in the city, county, and statefrom whichthe shipmentswill be made and from whichlinehaul transportation',
43649:'service as distinguished from switching, local drayage, or other terminal service will begin; iito, and placed on, thecarrier’s wharf at',
43650:'shipside, within reach of the ship’s loadingtackle, when theshipping point is within a port area havingwater transportationservice or thecarrier’s freight',
43651:'station; iii to a u.s. postal service facility; or iv if stated in the solicitation, to any governmentdesignated point located',
43652:'within the same city or commercial zone as the f.o.b. origin point specified in the contract the federal motor carrier',
43653:'safety administration prescribes commercial zones at subpart b of 49 cfr part 372; and 2 differentials for mode of transportation,',
43654:'type ofvehicle,or place of delivery as indicated incontractor’s offer may be added to the contract price. b the contractor shall',
43655:'1 i pack and mark the shipment to comply with contract specification; or ii in the absence of specifications, prepare',
43656:'the shipment in conformance with carrier requirements to protect the goods and to ensure assessmentof the lowestapplicable transportationcharge; 2 i',
43657:'order specified carrier equipment when requested by the government; or ii if not specified, order appropriate carrier equipment not in',
43658:'excess of capacity to accommodate shipment; 3 deliverthe shipment in good order and condition to the carrier, and load, stow,',
43659:'trim, block, and/or brace carload or truckloadshipment when loaded bythe contractor on or in the carrier’s conveyanceas required by carrier',
43660:'rules and regulations; 4 be responsible for any loss of and/or damage to the goods i occurring before delivery to',
43661:'the carrier; ii resulting from improper packing and marking; or iii resulting from improper loading, stowing, trimming, blocking, and/or bracing',
43662:'of the shipment, if loaded by the contractor on or in the carrier’s conveyance; 5 completethe government bill of lading',
43663:'supplied by the ordering agency or, when a government bill of lading is not supplied, prepare a commercial bill of',
43664:'lading or other transportation receipt. the bill of lading shall show iadescription ofthe shipment in terms of the governing freightclassification',
43665:'ortariff or government rate tender under which lowest freight rates are applicable; iithe seals affixedto theconveyance with theirserialnumbers or other',
43666:'identification; iii lengths and capacities of cars or trucks ordered and furnished; iv otherpertinent information required to effect prompt delivery',
43667:'to the consignee, including name,delivery address, postal address and zip code of consignee, routing, etc. ; 52.2507 52.24734 federal acquisition',
43668:'regulation v special instructions or annotations requested by the ordering agency for bills of lading; e.g., this shipment is the',
43669:'property of, and the freight charges paid to the carrier will be reimbursed by, the government; and vi the signature',
43670:'of the carrier’s agent and the date the shipment is received bythe carrier; and 6 distribute the copies of thebill',
43671:'oflading, orothertransportation receipts, as directed by the ordering agency. c 1itmaybeadvantageoustotheofferortosubmitf.o.b. originpricesthatincludeonlythelowestcosttothe contractor for loadingof shipment at the contractor’s plant',
43672:'or most favorable shipping point. the cost beyond thatplant or point of bringing the supplies to the place of delivery',
43673:'and the cost of loading, blocking, and bracing on the type vehicle specified bythe government at the time of shipment',
43674:'mayexceed the offeror’s lowest cost whenthe offerorships for theofferor’s account. accordingly, the offeror may indicate differentials that maybe addedto the',
43675:'offered price. these differentialsshallbe expressed as a ratein cents for each 100 poundscwt of thesupplies for one or moreof the',
43676:'options under this clause that the government may specify at the time of shipment. 2 these differentialswill be considered in',
43677:'the evaluation ofoffers to determine the lowest overall cost to the government. if, at the time of shipment, the government',
43678:'specifies a mode of transportation, type of vehicle, or place of delivery for which theofferor has set forth a differential,the',
43679:'contractor shall include the total of suchdifferentialcosts the applicable differential multiplied by the actual weight as a separate reimbursable item',
43680:'onthe contractor’sinvoice for the supplies. 3 the government shall have the option of performing or arranging at its own expense',
43681:'any transportation from contractor’sshipping plantor point to carrier’s facility at the time of shipment and, whenever this option is exercised,',
43682:'the government shall make no reimbursementbased on a quoted differential. 4 offeror’s differentials in cents for each 100 pounds for',
43683:'optional mode of transportation, types of vehicle, transportation within a mode, orplace of delivery, specifiedby the government at thetime ofshipmentand',
43684:'not included in thef.o.b. origin price indicated in the schedule by theofferor,are as follows: carload, truckload, lessload, wharf,flatcar, driveaway, etc.',
43685:'end of clause 52.24734 f.o.b. destination. as prescribed in 47.3036c, insert the following clause: f.o.b. destination jan 1991 a the',
43686:'term f.o.b. destination, as used in this clause, means 1 free of expense to the government, on board the carrier’s',
43687:'conveyance, at a specified delivery point where the consignee’s facility plant, warehouse, store, lot, or otherlocationto which shipmentcan be made',
43688:'is located;and 2 supplies shall be delivered to the destination consignee’s wharf if destination is a port city andsupplies are',
43689:'for export, warehouse unloading platform, or receiving dock, atthe expense of the contractor. the government shall notbe liable for any',
43690:'delivery, storage, demurrage,accessorial, orother charges involved before the actual delivery or constructive placement as definedin carrier tariffs of thesupplies to',
43691:'the destination, unless such charges are caused by an actor order of thegovernment acting in its contractual capacity. if rail',
43692:'carrier is used, supplies shall bedelivered to the specified unloading platform of the consignee. if motor carrier including piggyback is',
43693:'used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered',
43694:'meet the requirements of item568 of the national motor freight classification for heavy or bulky freight. when supplies meeting the',
43695:'requirements of the referenced item568 are delivered, unloading including movement to the tailgate shall be performed by the consignee, with',
43696:'assistance from the truck driver, if requested. if the contractoruses railcarrier or freight forwardedforless than carload shipments, the contractor shall',
43697:'ensure that the carrier willfurnish tailgate delivery, when required, if transfer to truckis required to completedelivery to consignee. b the',
43698:'contractor shall 1 i pack and mark the shipment to comply with contract specifications; or ii in the absence of',
43699:'specifications, prepare the shipment in conformance with carrier requirements; 2 prepare and distribute commercial bills of lading; 3 deliver the',
43700:'shipment in good order and condition to the point of delivery specified in the contract; 52.2508 subpart 52.2 text of',
43701:'provisions and clauses 52.24736 4 be responsible for any loss of and/or damage to the goods occurring before receipt of',
43702:'the shipment by the consignee at the delivery point specified in the contract; 5 furnish a delivery schedule and designate',
43703:'the mode of delivering carrier; and 6 pay and bear all chargesto thespecified point of delivery. end of clause 52.24735',
43704:'f.o.b. destination,within consignee’s premises. as prescribed in 47.3037c, insert the following clause in solicitations and contracts when the delivery term',
43705:'is f.o.b. destination, withinconsignee’s premises: f.o.b. destination, within consignee’s premisesapr 1984 a theterm f.o.b. destination, within consignee’s premises, as used',
43706:'in this clause, means free ofexpenseto the government delivered and laid down within the doors of the consignee’spremises, including delivery',
43707:'tospecific rooms within a building if so specified. b the contractor shall 1 i pack and mark the shipment to',
43708:'comply with contract specifications; or ii in the absence of specifications, prepare the shipment in conformance with carrier requirements; 2',
43709:'prepare and distribute commercial bills of lading; 3 deliver the shipment in good order and condition to the point of',
43710:'delivery specified in the contract; 4 be responsible for any loss of and/or damage to the goods occurring before receipt',
43711:'of the shipment by the consignee at the delivery point specified in the contract; 5 furnish a delivery schedule and',
43712:'designate the mode of delivering carrier; and 6 pay and bear all chargesto thespecified point of delivery. end of clause',
43713:'52.24736 f.a.s. vessel, port of shipment. as prescribed in 47.3038c, insert the following clause in solicitations and contracts when the',
43714:'delivery term is f.a.s. vessel, port of shipment: f.a.s. vessel, port of shipment apr 1984 a the term f.a.s. vessel,',
43715:'port of shipment, as used in this clause, means free of expense to the government delivered alongside the ocean vessel',
43716:'and within reach of its loading tackle at the specified port of shipment. b the contractor shall 1 i pack',
43717:'and mark the shipment to comply with contract specifications; or ii in the absence of specifications, prepare the shipment for',
43718:'ocean transportation in conformance with carrier requirementsto protect thegoods andto ensure assessment of the lowest applicable transportation charge; 2 i',
43719:'deliver the shipment in good order and condition alongside the ocean vessel and within reach of its loading tackle, at',
43720:'the point of delivery and on the date or within the period specified in the contract; and iipay and bearall',
43721:'applicable charges,including transportation costs, wharfage, handling, and heavylift charges, if necessary, up to this point; 3 provide a clean dock',
43722:'or ship’s receipt; 4 be responsible for any loss of and/or damage to the goods occurring before delivery of the',
43723:'shipment to the point specified in the contract; and 5 at the government’s requestand expense,assist obtaining thedocuments required for i',
43724:'exportation; or ii importation at destination. end of clause 52.2509 52.24737 federal acquisition regulation 52.24737 f.o.b. vessel, port of shipment.',
43725:'as prescribed in 47.3039c, insert the following clause in solicitations and contracts when the delivery term is f.o.b. vessel, port',
43726:'of shipment: f.o.b. vessel, port of shipment apr 1984 a the term f.o.b. vessel, port of shipment, as used in',
43727:'this clause, means free of expense to the government loaded, stowed, and trimmed on board the ocean vessel at the',
43728:'specified port of shipment. b the contractor shall 1 i pack and mark the shipment to comply with contract specifications;',
43729:'or ii in the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirementsto protect thegoods',
43730:'andto ensure assessment of the lowest applicable transportation charge; 2 i deliver the shipment on board the ocean vessel in',
43731:'good order and condition on the date or within the period fixed; and iipay and bearall charges incurred in placing',
43732:'the shipment actually onboard; 3 provide a clean ship’s receiptor onboard ocean bill of lading; 4 be responsible for any',
43733:'loss of and/or damage to the goods occurring before delivery of the shipment on board the ocean vessel; and 5',
43734:'at the government’s requestand expense,assist in obtainingthe documents required for i exportation; or ii importation at destination. end of clause',
43735:'52.24738 f.o.b. inland carrier, point of exportation. as prescribed in 47.30310c, insert the following clause in solicitations and contracts when',
43736:'the delivery term is f.o.b. inland carrier, point of exportation: f.o.b. inland carrier, point of exportation feb 2006 a theterm',
43737:'f.o.b. inland carrier, point of exportation, as used in this clause, means free ofexpenseto the government, on board the conveyance',
43738:'of the inland carrier, deliveredto the specified point of exportation. b the contractor shall 1 i pack and mark the',
43739:'shipment to comply with contract specifications; or ii in the absence of specifications, prepare the shipment for ocean transportation in',
43740:'conformance with carrier requirementsto protect thegoods andto ensure assessment of the lowest applicable transportation charge; 2 prepare and distribute commercial',
43741:'bills of lading or other transportation receipt; 3 i deliver the shipment in good order and condition in or on',
43742:'the conveyance of the carrier on the date or within the period specified; and iipay and bearall applicable charges,including transportation',
43743:'costs, to the point of delivery specifiedin the contract; 4 be responsible for any loss of and/or damage to the',
43744:'goods occurring before delivery of the shipment to the point of delivery in the contract; and 5 at the government’s',
43745:'requestand expense,assist in obtainingthe documents required for i exportation; or ii importation at destination. end of clause 52.24739 f.o.b. inland',
43746:'point, country of importation. as prescribed in 47.30311c, insert the following clause in solicitations and contracts when the delivery term',
43747:'is f.o.b. inland point, country of importation: 52.2510 subpart 52.2 text of provisions and clauses 52.24741 f.o.b. inland point, country',
43748:'of importation apr 1984 a the term f.o.b. inland point, country of importation, as used in this clause, means free',
43749:'of expense to the government, on board the indicated type ofconveyance ofthe carrier, delivered tothe specified inland point where the',
43750:'consignee’s facility is located. b the contractor shall 1 i pack and mark the shipment to comply with contract specifications;',
43751:'or ii in the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements to protect',
43752:'the goods; 2 ideliver,inorontheinlandcarrier’sconveyance,theshipmentingoodorderandconditiontothespecified inland point where the consignee’s facilityis located; and iipay and bearall applicable charges incurred up to',
43753:'the point ofdelivery,including transportation costs;export, import, or other fees or taxes; costs of landing; wharfage costs; customs duties and costs',
43754:'of certificates of origin; consular invoices; and other documents that may be required for importation; and 3 be responsible for',
43755:'anyloss of and/or damage to thegoods until their arrival on orin the carrier’s conveyance at the specified inland point. end',
43756:'of clause 52.24740 ex dock, pier, or warehouse, port ofimportation. as prescribed in 47.30312c, insert the following clause in solicitations',
43757:'and contracts when the delivery term is ex dock, pier, or warehouse, port of importation: ex dock, pier, or warehouse,',
43758:'port of importation apr 1984 a theterm ex dock, pier, or warehouse, port of importation, as used in this clause,',
43759:'means freeof expense to the government delivered on the designated dock or pier or in the warehouse at the specified',
43760:'port of importation. b the contractor shall 1 i pack and mark the shipment to comply with contract specifications; or',
43761:'ii in the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements to protect the',
43762:'goods; 2 i deliver shipment in good order and condition; and iipay and bearall charges up to the point ofdelivery',
43763:'specified in the contract, including transportation costs; export, import, or other fees or taxes; costs of wharfage and landing, if',
43764:'any; customs duties; and costs of certificates of origin, consular invoices, or other documents that may be required for exportation',
43765:'or importation; and 3 be responsible for any loss of and/or damage to the goods occurring before delivery of the',
43766:'shipment to the point of delivery specified in the contract. end of clause 52.24741 c.& f. destination. as prescribed in',
43767:'47.30313c, insert the following clause in solicitations and contracts when the delivery term is c.& f. destination: c.&f. destination apr',
43768:'1984 a the term c.& f. destination, as used in this clause, means free of expense to the government delivered',
43769:'on board the ocean vessel to the specifiedpointof destination, withthe cost of transportationpaid by the contractor. b the contractor shall',
43770:'1 i pack and mark the shipment to comply with contract specifications; or ii in the absence of specifications, prepare',
43771:'the shipment for ocean transportation in conformance with carrier requirements; 2 i deliver the shipment in good order and condition;',
43772:'and 52.2511 52.24742 federal acquisition regulation iipay and bearall applicable charges to the point of destination specified in thecontract, includingtransportation',
43773:'costs andexport taxes or other fees or charges levied because of exportation; 3 obtain and dispatch promptly to the government',
43774:'clean onboard ocean bills of lading to the specified point of destination; 4 be responsible for any loss of and/or',
43775:'damage to the goods occurring before delivery; and 5 at the government’s requestand expense,provide certificates of origin, consular invoices, oranyotherdocuments',
43776:'issued in the country of origin or of shipment, or both, that may be required for importation into the country',
43777:'of destination. end of clause 52.24742 c.i.f. destination. as prescribed in 47.30314c, insert the following clause in solicitations and contracts',
43778:'when the delivery term is c.i.f. destination: c.i.f. destination apr 1984 a the term c.i.f. destination, as used in this',
43779:'clause, means free of expense to the government delivered on board the ocean vessel to the specifiedpointof destination, withthe cost',
43780:'of transportationandmarineinsurance paidby the contractor. b the contractor shall 1 i pack and mark the shipment to comply with contract',
43781:'specifications; or ii in the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements; 2',
43782:'i deliver the shipment in good order and condition; and iipay and bearall applicable charges to the point of destination',
43783:'specified in thecontract, includingtransportation costs andexport taxes or other fees or charges levied because of exportation; 3 obtain and dispatch',
43784:'promptly to the government clean onboard ocean bills of lading to the specified point of destination; 4 be responsible for',
43785:'any loss of and/or damage to the goods occurring before delivery; 5 at the government’s requestand expense,provide certificates of origin,',
43786:'consular invoices, oranyotherdocuments issued in the country of origin or of shipment, or both, that may be required for importation',
43787:'into the country of destination; and 6 obtain and dispatch to the government an insurance policy or certificate providing the',
43788:'amount and extent of marine insurance coverage specified in thecontract oragreed upon by the governmentcontracting officer. end of clause 52.24743',
43789:'f.o.b. designated air carrier’s terminal, point ofexportation. as prescribed in 47.30315c, insert the following clause in solicitations and contracts when',
43790:'the delivery term is f.o.b. designated aircarrier’s terminal, point of exportation: f.o.b. designated air carrier’s terminal, point of exportation feb',
43791:'2006 a theterm f.o.b. designated air carrier’s terminal, point ofexportation, asused inthis clause, means free of expense to the government',
43792:'loaded aboard the aircraft, or delivered to the custody of the air carrier if only the air carrier performs the',
43793:'loading, at theair carrier’s terminal specified in the contract. b the contractor shall 1 i pack and mark the shipment',
43794:'to comply with contract specifications; or ii in the absence of specifications, prepare the shipment for air transportation in conformance',
43795:'with carrier requirementsto protect thegoods andto ensure assessment of the lowest applicable transportation charge; 2 idelivertheshipmentingoodorderandconditionintotheconveyanceofthecarrier,ortothecustodyofthe carrier if only the',
43796:'carrier performs the loading, at the point of delivery and on the date or within the period specified in the',
43797:'contract; and iipay and bearall applicable charges up tothispoint; 52.2512 subpart 52.2 text of provisions and clauses 52.24746 3 provide',
43798:'a clean bill of lading and/or air waybill; 4 be responsible for any loss of and/or damage to the goods',
43799:'occurring before delivery of the goods to the point specified in the contract; and 5 at the government’s requestand expense,assist',
43800:'in obtainingthe documents required for the purpose of exportation. end of clause 52.24744 f.o.b. designated air carrier’s terminal, point ofimportation.',
43801:'as prescribed in 47.30316c, insert the following clause in solicitations and contracts when the delivery term is f.o.b. designated aircarrier’s',
43802:'terminal, point of importation: f.o.b. designated air carrier’s terminal, point of importation apr 1984 a theterm f.o.b. designated air carrier’s',
43803:'terminal, point ofimportation, as used in this clause,means free of expense to thegovernment delivered to the air carrier’s terminalat the',
43804:'point of importation specifiedin the contract. b the contractor shall 1 i pack and mark the shipment to comply with',
43805:'contract specifications; or ii in the absence of specifications, prepare the shipment for air transportation in conformance with carrier requirements',
43806:'to protect the goods; 2 prepare and distribute bills of lading or air waybills; 3 i deliver the shipment in',
43807:'good order and condition to the point of delivery specified in the contract; and iipay and bearall charges incurred up',
43808:'to thepointof delivery specifiedin the contract, including transportation costs; export, import, or other fees or taxes; cost of landing, if',
43809:'any; customs duties; and costs of certificates of origin, consular invoices, or other documents that may be required for exportation',
43810:'or importation; and 4 be responsible for any loss of and/or damage to the goods until delivery of the goods',
43811:'to the government at the designated aircarrier’s terminal. end of clause 52.24745 f.o.b. origin and/or f.o.b. destination evaluation. as prescribed',
43812:'in 47.3052b,insertthefollowingprovisioninsolicitationswhenoffersaresolicitedonthebasisofboth f.o.b. origin and f.o.b. destination: f.o.b. origin and/or f.o.b. destination evaluation apr 1984 offers areinvitedon the basisof both',
43813:'f.o.b. origin and f.o.b. destination, and the government will awardon the basisthe contracting officerdeterminesto bemost advantageous to the government. an',
43814:'offer on the basis of f.o.b. originonlyor f.o.b. destination only is acceptable, but will be evaluated only on the basis',
43815:'submitted. end of clause 52.24746 shippingpoints usedin evaluation of f.o.b. origin offers. as prescribed in 47.3053b4ii, insert the following provision',
43816:'in f.o.b. origin solicitations when price evaluation for shipments from various shipping points is contemplated: shipping points used in evaluation',
43817:'of f.o.b. origin offers apr 1984 a if morethan one shippingpointor plant is designated by the offerorandthe offeror fails to',
43818:'indicatethe quantity per shipping point or plant before bid opening, thegovernment will evaluate the offeron the basisof delivery of the',
43819:'entire quantity from the point or plant where cost of transportation is most favorable to the government. b if the',
43820:'offeror, beforebid opening or the closing date specified for receiptof offers fails to indicate any shipping point or plant, the',
43821:'government will evaluate the offer on thebasis of delivery fromthe plant at which the contract will be 52.2513 52.24747 federal',
43822:'acquisition regulation performed,as indicatedin the offer. if noplant is indicated inthe offer, the offer will be evaluated on the basis',
43823:'of delivery from the contractor’s business addressindicated in the offer. c if the offeror uses a shippingpointother thanthat whichhas been',
43824:'used by thegovernmentas abasis for the evaluationof offers, any increase of transportation costsshallbe borneby the contractor and any savings shall',
43825:'revert to the government. end of clause 52.24747 evaluationf.o.b. origin. as prescribed in 47.3053f2, insert the following provision. when it',
43826:'is appropriate to use methods other than land transportation in evaluating offers; e.g.,air, pipeline, barge, or ocean tanker,modify theprovision accordingly.',
43827:'evaluationf.o.b. origin june 2003 a the government normally uses land methods of transportation by regulated common carrier for shipment within',
43828:'the contiguous united states. b to evaluate offers, thegovernment will consider only thesemethodsto establish the cost of transportation between offeror’s',
43829:'shipping point and destination tentative orfirm,whichever is applicable inthe contiguous united states. c this transportation cost willbe added to the',
43830:'offer price to determine the government’s overall cost. d when tentative destinations are indicated, the government will use them only',
43831:'for evaluation purposes. the government has the right to use any other means of transportation or any other destination at',
43832:'the time of shipment. end of clause 52.24748 f.o.b. destinationevidence of shipment. as prescribed in 47.3054c, insert the following clause:',
43833:'f.o.b. destinationevidence of shipment feb 1999 a if this contract is awarded on a free on board f.o.b. destination basis,',
43834:'the contractor 1 shall not submit an invoice for payment until the supplies covered by the invoice have been shipped',
43835:'to the destination; and 2 shall retain, and make available to the governmentforreview as necessary, the following evidence of shipment',
43836:'documentation for a period of 3 years after final payment under the contract: iif transportation is accomplished by common carrier,',
43837:'asigned copyof the commercial billof lading for the supplies covered by the contractor’s invoice, indicating the carrier’s intent to ship',
43838:'the suppliesto the destination specified in the contract. ii if transportation is accomplished by parcel post, a copy of the',
43839:'certificate of mailing. iii if transportation is accomplished by other than common carrier or parcel post, a copy of the',
43840:'delivery document showing receipt at the destination specified in the contract. b the contractor is not required to submit evidence',
43841:'of shipment documentation with its invoice. end of clause 52.24749 destination unknown. as prescribed in 47.3055b2, insert the following provision',
43842:'in solicitations when destinations are tentative and only for thepurpose of evaluating offers: destination unknown apr 1984 52.2514 subpart 52.2',
43843:'text of provisions and clauses 52.24751 for the purpose of evaluatingoffers and for no other purpose, the finaldestinationsforthe supplies will',
43844:'be considered to be as follows: end of clause 52.24750 no evaluation of transportation costs. as prescribed in 47.3055c1, insert',
43845:'the following provision in solicitations when exact destinations are not known and it is impractical to establish tentative or general',
43846:'delivery places for the purpose of evaluating transportation costs: no evaluation of transportation costs apr 1984 costs of transporting supplies',
43847:'to be delivered under this contract will not be an evaluation factor for award. end of clause 52.24751 evaluation of',
43848:'export offers. as prescribed in 47.3056e, insert the following provision: evaluation of export offers jan 2001 a port handling and',
43849:'ocean chargesother than dod water terminals. porthandling and ocean charges in tariffs on file with the bureau of domestic regulation,',
43850:'federal maritime commission, or other appropriate regulatory authorities as of the dateof bid opening or the closing date specified for',
43851:'receipt of offers andwhich will beeffective for the date of theexpected initial shipment will be used in the evaluation of',
43852:'offers. bf.o.b. origin,transportationundergovernmentbilloflading. 1offersshallbeevaluatedandawardsmadeonthe basis of the lowest laid down cost to the government at the overseas port of discharge,',
43853:'via methods and ports compatible with required delivery dates and conditionsaffecting transportation knownat the timeof evaluation. included in this evaluation,',
43854:'in addition to the f.o.b. origin price of the item, shall be the inland transportation costs from the point of',
43855:'origin in the united states to the port of loading, port handling charges at theportof loading, and ocean shipping costs',
43856:'from theunited states port of loading see paragraphdof this clause to the overseas port of discharge. thegovernment may designate themode',
43857:'of routing of shipment and may load from other than those ports specified for evaluation purposes. 2 offers shall beevaluated',
43858:'on the basis ofshipmentthroughone of the ports set forth in paragraph d of thisclause to the overseas port of discharge.',
43859:'evaluationshallbe made on the basis of shipment through the port that will result in the lowest cost to the government.',
43860:'3 ports of loading shall be considered as destinations within the meaning of the term f.o.b. destination as that term',
43861:'is used inthe f.o.b. originclause ofthis contract. cf.o.b. portofloadingwithinspectionandacceptanceatorigin. 1offersshallbeevaluatedonthebasisofthelowest laid down costto the government atthe overseasportof discharge via methods',
43862:'compatible with required delivery dates and conditions affecting transportation known at the time of evaluation. includedin this evaluation,in addition to',
43863:'the price to the unitedstates port of loading see paragraphc2 of this clause,shallbe theporthandling charges at the port of loadingand',
43864:'theoceanshipping cost from the port of loading see paragraph d of this clause to the overseas port ofdischarge. 2 unlessoffers',
43865:'areapplicable only to f.o.b. origin deliveryunder government bills ofladingsee paragraph b of this provision, offerors shall designate below atleast one',
43866:'of the ports of loading listed inparagraph d ofthis clause astheir place of delivery. failure to designate at least one',
43867:'ofthe ports asthe point to which deliverywill be made bythe contractor may render the offer nonresponsive. place of delivery: [offerors',
43868:'insert at least one of the ports listed in paragraph d of this clause.] d ports of loading for evaluation',
43869:'of offers. terminals to be used bythe government in evaluating offers are as follows: for the information of the offerors,',
43870:'ocean and port handling charges are set forth if the terminal named is a dod water terminal. ports/terminals of loading',
43871:'combined ocean and port handing unit of measure: i.e.,metric ton, chargestoindicate country measurement ton, cubic foot, etc. 52.2515 52.24751 federal',
43872:'acquisition regulation e ports of loading nominated by offeror. the ports of loading named in paragraph d of this clause',
43873:'are considered by the government to be appropriate for this solicitation due to their compatibility with methods and facilities required',
43874:'to handle thecargo and typesof vessels andto meetthe required overseas delivery dates. notwithstanding theforegoing, offerors may nominate additional ports of',
43875:'loadingthat the offeror considersto bemorefavorable to the government. the government may disregard such nominated ports if,after considering the quantity and',
43876:'nature ofthe supplies concerned,the requisite cargo handling capability, the available sailingson u.s.flag vessels, and other pertinent transportation factors, it determines',
43877:'that use of the nominated ports is not compatible with the required overseas delivery date. united states great lakes ports',
43878:'of loading may be considered in the evaluation ofoffers only for those items scheduledin this provision for delivery duringthe icefree',
43879:'or navigable period as proclaimed by the authorities of the st. lawrence seaway normal period is between april 15 and',
43880:'november 30 annually. all portsnamed, including those nominated by offerors anddetermined to be eligible as provided inthis provision, shall be',
43881:'considered inevaluating all offersreceived in order to establish thelowest laid down cost to the government at theoverseas port of discharge.',
43882:'all determinations shall bebased on availability ofocean services by u.s.flag vessels only. additional u.s. ports of loading nominated by offeror,if',
43883:'any: f price basis. offeror shall indicate whether prices are based on□ paragraph b, f.o.b. origin, transportation by gbl to',
43884:'port listed in paragraph d; □ paragraph c, f.o.b. destination i.e.,a port listed in paragraph d; □ paragraph e, f.o.b.',
43885:'origin, transportation by gbl to port nominated in paragraph e; and/or □ paragraph e, f.o.b. destination i.e.,a port nominated in',
43886:'paragraph e. end of provision alternate i feb 2006. when the conus ports of export are dod water terminals, delete',
43887:'paragraph a from the basic provision and substitute for it the following paragraph a: aport handling and ocean chargesdod water',
43888:'terminals. the port handling and ocean charges are set forth in paragraph d of this provision for the information ofofferorsand',
43889:'are current as of thetime ofissuance ofthe solicitation. for evaluationof offers, the government will use the port handling and ocean',
43890:'charges made available bythe directorate of international traffic, military surface deploymentanddistribution commandsddc rateinformationletters, onfile as of the date ofbid opening',
43891:'or the closing date specified for receiptof offers and whichwill be effectiveforthe dateof the expected initial shipment. alternate ii apr',
43892:'1984. when offers are solicitedon an f.o.b. origin only basis, delete paragraphs c and f from the basic provision, but',
43893:'do not redesignate the ensuing paragraphs. add the following basic paragraph g to the provision: g paragraphs c and f',
43894:'have been deleted but ensuing paragraphs have not been redesignated. alternate iii apr 1984. whenoffers aresolicited on an f.o.b. destination',
43895:'only basis, delete paragraphbfrom the basic provision but do not redesignate the ensuing paragraphs. delete paragraph c2 and paragraph f',
43896:'from the provision and substitute thefollowing paragraph c2 and paragraph f. add paragraph g below. c2offerors shall designate belowat leastone',
43897:'of the ports of loading listed in paragraph d below astheir place of delivery. failure to designateat leastone of the',
43898:'ports as thepointto which delivery will be made by the contractor may renderthe offer nonresponsive. place of delivery: [offerors insert',
43899:'at least one of the ports listed in paragraph dbelow.] f price basis. offerorsshallindicate whether prices are based on□ paragraph',
43900:'c, f.o.b. destination i.e.,a port listed in paragraph d; or □ paragraph e, f.o.b. destination i.e.,a port nominated in paragraph',
43901:'e. g paragraph b has been deleted, but ensuing paragraphs have not been redesignated. 52.2516 subpart 52.2 text of provisions',
43902:'and clauses 52.24752 52.24752 clearanceand documentationrequirementsshipments to dod air orwater terminaltransshipment points. as prescribed in 47.3056f2, insert the following clause',
43903:'in solicitations and contracts when shipments will be consigned to dod air or water terminal transshipment points: clearance and documentation',
43904:'requirementsshipments to dod air or water terminal transshipment pointsfeb 2006 all shipments to water or air ports for transshipment to',
43905:'overseas destinations are subject to the following requirements unless clearance and documentation requirements have been expressly delegated to the contractor:',
43906:'a at least 10 days before shippingcargo to a water port, the contractor shall obtain an export release from the',
43907:'government transportation office for 1 each shipment weighing 10,000 pounds or more; and 2 each shipment weighing less than 10,000',
43908:'pounds;if the cargo either i is classified top secret, secret, or confidential; iiwill requireexclusive useof amotor vehicle; iii will occupy',
43909:'full visiblecapacityof arailway car ormotor vehicle; iv is less than a carload or truckload, but will be tendered as a',
43910:'carload or truckload; or v is to be shipped to an ammunition outloading port for water shipment; or 3 each',
43911:'shipment weighing less than 10,000 poundsif the cargo consists of i narcotics; ii perishable biological material; iii vehiclesto beoffered for',
43912:'driveaway service; iv explosives, ammunition, poisons or other dangerous articles classified as class 1, division 1.1, 1.2, 1.3, 1.4; class',
43913:'2, division 2.3; and class 6, division 6.1; or v radioactive material, as defined in 49 cfr 173.403, class 7.',
43914:'b the contractor is cautioned not to order railway cars or motor vehicles for loading until an export release has',
43915:'been received. c if the contracting officer directs delivery withina shorter period than 10 days,the contractor shall advise the transportation',
43916:'office of thedate on which the cargo will be readyforshipment. d at least 5 days before shipping cargo toeither awater',
43917:'port or an airportregardless of the weight, security classification, or thecommoditydescription, the contractor shall providethe government transportation office the information',
43918:'shown in paragraph e of this clause to permit preparation of a transportation control and movement document tcmd. e when',
43919:'applying for the export release in paragraph a of this clause or when providing information for preparation of the tcmd',
43920:'in accordance with paragraph d of this clause, the contractor shall furnish the 1 proposed date or dates of shipment;',
43921:'2 number and type of containers; 3 gross weight and cube of the shipment; 4 number of cars or trucks',
43922:'that will be involved; 5 transportation control numbers tcn as required for marking under milstd129or federal standard 123; and 6',
43923:'proper shipping name as specified in 46 cfr 146.05 for all items classified as dangerous substances as required for marking',
43924:'under milstd129. f all movement documents government or commercial bills of lading or other delivery documents shall be annotated by',
43925:'the contractor with the 1 transportation control number, consignorcode of activity directing the shipment; i.e., cognizant contract administration office, purchasing',
43926:'office when contract administration has been retained, or a contractor specifically delegated transportation responsibilities under dod4500.9r,defense transportation regulation, responsibilities inthe',
43927:'contract, whichever is appropriate, consignee code,andtransportation priority for each shipment unit; 2 export release number and valid shipping period, if',
43928:'stated if expired, the contractor shall request a renewal; and 3 cubic foot measurement of each shipment unit. 52.2517 52.24753',
43929:'federal acquisition regulation g all annotations on the movement documents shall be made in the description of articles space except,',
43930:'on government bills of lading the export release number and shipping period shall be entered in the space entitled route',
43931:'order/release no. h the contractor shall 1 mail a copy of the bill of lading or other movement document to',
43932:'the transshipment point; and 2 give a copy of the bill of lading or other movement document to the carrier',
43933:'for presentation to the transshipment point with delivery of the shipment. end of clause 52.24753 freight classification description. as prescribed',
43934:'in 47.3059b1, insert the following provision in solicitations when the supplies being acquired are new to the supply system, nonstandard,',
43935:'or modifications of previously shipped items, and different freight classifications may apply: freight classification description apr 1984 offerorsare requested to',
43936:'indicatebelow the full uniformfreight classification rail description, or the national motor freightclassification description applicable to thesupplies, thesame asofferor uses for',
43937:'commercial shipment. this description should include the packing of the commodity box, crate, bundle, loose, setup, knocked down, compressed, unwrapped,',
43938:'etc., the container material fiberboard, wooden, etc., unusual shipping dimensions, and other conditions affecting traffic descriptions. the government will use',
43939:'these descriptions as well asotherinformation availableto determine theclassification description most appropriate and advantageous tothe government. offeror understands that shipments on',
43940:'any f.o.b. origin contract awarded, as a result of this solicitation, will be made in conformity with the shipping classification',
43941:'description specified by the government, which may bedifferentfrom the classificationdescription furnished below. for freight classification purposes, offeror describes this commodity',
43942:'as . end of clause 52.24754 [reserved] 52.24755 f.o.b. point for delivery of governmentfurnished property. as prescribed in 47.30512a2, insert',
43943:'the following clause: f.o.b. point for delivery of governmentfurnished property june 2003 a unless otherwise specified in this solicitation, the',
43944:'government will deliver any governmentfurnished property for use within the contiguousunited statesor canada to apointspecified by the contractor in the',
43945:'offer. if thegovernment makes delivery by railroad, the f.o.b. point willbe private siding, contractor’splant. if thecontractor’s plant isnot served by',
43946:'rail, the f.o.b. point will be railroad cars in the same or nearest city having rail service. the government may',
43947:'choose the mode of transportation and the carriers and will bear the cost of all linehaul transportation to the specified',
43948:'destination. b if the destination of the governmentfurnished property isa contractor’s plant located outside the contiguous united states or canada,',
43949:'the f.o.b. point for government delivery of governmentfurnished property will be a contractorspecified location in the contiguous united states. if',
43950:'the contractor fails to name a point, the government will select as the f.o.b. point the port city in the',
43951:'contiguous united states nearest to the governmentfurnished property that has regular commercial water transportation services to the offshore port nearest',
43952:'the contractor’s plant. c unless otherwise directed by the contracting officer orprovidedin thecontract, the contractorshallreturn all governmentfurnishedequipment,supplies, and property, including',
43953:'all property not returnedin theform ofacceptable end items, to the point at which the government property was originally furnished to',
43954:'the contractor under the contract. notwithstanding thefact thatthe government may have furnished the property at thecontractor’s plant, the contracting officer',
43955:'may direct the contractorto deliver thegovernmentpropertybeing returned to, and load, block, and brace it in, railwaycars in the city inwhich',
43956:'the contractor’s plant islocated, or, if the contractor’s city is not served by rail service, 52.2518 subpart 52.2 text of',
43957:'provisions and clauses 52.24758 in the nearest city having rail service. unless otherwise specified in the contract, all property shall',
43958:'be packed in containers conformingwith the rulesof common carrier publishedtariffs soas to be free of penalty chargesby the carrier designated',
43959:'for shipment by the government. end of clause 52.24756 transitarrangements. as prescribed in 47.30513a3ii, insert the following provision in solicitations',
43960:'when benefits may accrue to the government because transit arrangements may apply: transit arrangements apr 1984 the lowestappropriate common carriertransportation',
43961:'costs, including offeror’sthroughtransit rates and charges when applicable, from offeror’s shipping points, via the transitpoint, to the ultimate destination will',
43962:'beused in evaluating offers. transit points destinations end of clause 52.24757 transportation transit privilege credits. as prescribed in 47.30513b4, insert',
43963:'the following clause in solicitations and contracts when supplies are of such a nature, or when it isthe custom of',
43964:'the trade, that offerors may have potential transit credits availableandthe government may reduce transportation costs through the use of transit',
43965:'credits: transportation transit privilege credits apr 1984 a if the offeror hasestablished with regulatedcommon carriers transit privileges that can be',
43966:'applied to the supplies when shipped from theoriginal source, the offeror is invited to propose to use these credits for',
43967:'shippingthe supplies to thedesignated governmentdestinations. the offeror will shipthese supplies under commercial bills of lading, paying all remaining transportation charges',
43968:'connectedwith the shipment, subject to reimbursement by the government in an amount equal to the remainingcharges but not exceeding the',
43969:'amount quotedby the offeror. b afterloading on the carrier’s equipment and acceptance bythe carrier,these shipments under paidcommercial bills of lading',
43970:'willmove for the accountof and at the risk of the government unless, pursuant tothe changes clause, the office administering the',
43971:'contract directs use of government bills of lading. c theamount quoted below by the offeror representsthe transportation costs in cents',
43972:'per 100 pounds freight rate for fullcarload/truckload shipments ofthe supplies fromofferor’s originalsource,via offeror’s transit plant orpoint, to the government destinations',
43973:'includingthe carrier’stransit privilege charge, less the applicable transit credit i.e., the amount rate initially paid to the carrier for shipment',
43974:'from original sourceto offeror’s transit plantor point. d the rate per cwt quoted willbe used bythe government to evaluate the',
43975:'offered f.o.b. origin price unless a lowerrate is applicable on the date ofbid opening or closing date specified for receipt',
43976:'of offers. to have theoffer evaluated onthis basis, the offeror must insert below the remaining transportation charges that the offeroragrees',
43977:'topay, including anytransit charges,subject to reimbursement by thegovernment, asexplained inthis clause, to destinations listed in thescheduleas follows: rate per cwt',
43978:'in cents: to destination: end of clause 52.24758 loading, blocking, andbracing of freightcar shipments. as prescribed in 47.30515a2, insert the',
43979:'following clause in solicitations and contracts when supplies may be shipped in carload lots by rail: 52.2519 52.24759 federal acquisition',
43980:'regulation loading, blocking, and bracing of freight car shipments apr 1984 a upon receipt of shipping instructions, as provided in',
43981:'this contract, the supplies to be included in any carload shipment by rail shall be loaded, blocked, and braced by',
43982:'the contractor in accordance with the standards published by the association of american railroads and effectiveat the timeof shipment. b',
43983:'shipments, for which the association of american railroads has published no such standards, shall be loaded, blocked, and braced in',
43984:'accordance with standards established by the shipper as evidenced by written acceptance of an authorized representative of thecarrier. c the',
43985:'contractor shall be liable for payment of any damage to any supplies caused by the failure to load, block, and',
43986:'brace in accordance with acceptable standards set forth herein. d a copy of the appropriate pamphlet of the association of',
43987:'american railroads may be obtained from that association. end of clause 52.24759 f.o.b. origincarload and truckload shipments. as prescribed in',
43988:'47.30516a, insert the following clause in solicitations and contracts when it is contemplated that they may result in f.o.b. origin',
43989:'contracts with shipments in carloads or truckloads. this will facilitate realistic freight cost evaluations of offers and ensure that contractors',
43990:'produce economical shipments ofagreed size. f.o.b. origincarload and truckload shipments apr 1984 a the contractor agrees that shipment shall be',
43991:'made in carload or truckload lots when the quantity to be delivered to any one destination in any deliveryperiod pursuant',
43992:'to the contract schedule of deliveries is sufficient to constitute a carload or truckload shipment, except as mayotherwise bepermitted ordirected,',
43993:'in writing, by thecontracting officer. b for evaluation purposes, the agreed weight of a carload or truckload shall be the',
43994:'highest applicable minimum weight that will result in the lowest freight rate or per car charge on fileor published in',
43995:'common carrier tariffs ortenders as of the date of bid opening or the closing date specified for receipt of proposals.',
43996:'c for purposes of actualdelivery, the agreed weight ofa carload or truckloadwill be the highest applicable minimum weightthat will result',
43997:'in the lowest possible freight rate or percar charge on file or publishedas of date of shipment. d if the',
43998:'total weight of any scheduled quantity to a destination is less than the highest carload/truckload minimum weight usedforevaluation of offers,',
43999:'the contractor agreesto ship such scheduled quantity in one shipment. e the contractor shall be liable to the government for',
44000:'any increased costs to the government resulting from failure to comply with the above requirements. end of clause 52.24760 guaranteed',
44001:'shipping characteristics. as prescribed in 47.30516b1, insert the following clause: guaranteed shipping characteristics jan 2017 a theofferor isrequested to complete',
44002:'paragrapha1 of this clause, for each part orcomponent which is packed or packaged separately. this information will be used to',
44003:'determine transportation costsforevaluation purposes. if the offeror doesnot furnish sufficient data in paragraph a1of this clause, to permit determination by',
44004:'the government of the item shipping costs, evaluationwill be basedon the shipping characteristics submitted by theofferor whose offer produces the',
44005:'highest transportation costs or in the absencethereof, by the contractingofficer’s best estimate of theactual transportation costs. if the item shipping',
44006:'costs, based on the actual shipping characteristics, exceed the item shipping costs used for evaluationpurposes, the contractor agrees that the',
44007:'contract price shall be reduced by anamount equal to the difference between the transportation costs actually incurred, and the costs',
44008:'which would have been incurred if the evaluated shipping characteristics had been accurate. 1 to be completedby the offeror: i',
44009:'type of container: wood box □, fiber box □, barrel □, reel □, drum □, other specify ; ii shipping',
44010:'configuration: knockeddown □, setup □, nested □, other specify ; 52.2520 subpart 52.2 text of provisions and clauses 52.24762 iii',
44011:'size of container: length, x width, x height = cubic ft; iv number of items per container each; v gross',
44012:'weight of container and contents lbs; vi palletized/skidded □ yes, □ no; vii number of containers per pallet/skid ; viii',
44013:'weightof empty pallet bottom/skid and sides lbs; ix size of pallet/skid and contents lbs cube ; x number of containers',
44014:'or pallets/skids per railcar a size of railcar b type of railcar xi number of containers or pallets/skids per trailer',
44015:'a size of trailer ft b type of trailer number ofcomplete units lineitem tobe shipped in carrier’s equipment. 2 to',
44016:'be completedby the government afterevaluation but before contract award: i rate used in evaluation ; iitender/tariff ; iii item .',
44017:'b the guaranteed shipping characteristics requested in paragraph a1 of this clause do not establish actual transportation requirements, which are',
44018:'specified elsewhere in this solicitation. the guaranteed shipping characteristics will be used only for the purpose ofevaluating offersand establishing any',
44019:'liability of thesuccessfulofferor for increased transportation costs resulting fromactual shipping characteristics which differ from those used for evaluation in accordance',
44020:'with paragraph a of this clause. end of clause 52.24761 f.o.b. originminimum sizeof shipments. as prescribed in 47.30516c, insert the',
44021:'following clause in solicitations and contracts when volume rates may apply: f.o.b. originminimum size of shipments apr 1984 the contractor',
44022:'agrees that shipment will be made in carload and truckload lots when the quantity to be delivered to any one',
44023:'destination in any deliveryperiod pursuant to the contract schedule of deliveries is sufficient to constitute a carload or truckloadshipment,exceptas may',
44024:'otherwise be permittedor directedin writingby the contracting officer. the agreed weight of a carload or truckload will be the highest',
44025:'applicable minimum weight which will result in the lowest freight rate or per car chargeon file or published in common',
44026:'carrier tariffs or tenders as of dateof shipment. in the eventthe total weight of any scheduled quantity to a destination',
44027:'is less than the highest carload/truckload minimum weight, the contractor agrees to ship such scheduled quantity in one shipment. the',
44028:'contractor shall be liable to the government for any increased costs to the government resulting from failure to comply with',
44029:'the above requirements. this liability shall not attach if supplies are outsized or of such nature that they cannot be',
44030:'loaded at the highest minimum weight bracket. end of clause 52.24762 specific quantities unknown. as prescribed in 47.30516d2, insert the',
44031:'following clause in solicitations and contracts when total requirements and destinations to which shipments will be made are known, but',
44032:'the specific quantity to be shipped to each destination cannot be predetermined. this clause protects the interests of both the',
44033:'government and the contractor during the course of the performance of the contract., insert the following clause in solicitations and',
44034:'contracts when total requirements and destinations to which shipments will be made are known, but the specific quantity to be',
44035:'shipped to each destination cannot be predetermined. this clause protects the interests of both the government and the contractor during',
44036:'the course of the performance of the contract. specific quantities unknown apr 1984 52.2521 52.24763 federal acquisition regulation a for',
44037:'the purpose of evaluating f.o.b. destination offers, the government estimates that the quantity specified will be shipped to the destinations',
44038:'indicated: estimated quantity destinations b if the quantity shipped to each destination varies from the quantity estimated, and if the',
44039:'variation results in a change in the transportation costs, appropriate adjustment shall be made. end of clause 52.24763 preference foru.s.flagaircarriers.',
44040:'as prescribed in 47.405, insert the following clause: preference for u.s.flag air carriers june 2003 a definitions. as used in',
44041:'this clause international air transportation means transportation by air between a place in the united states and a place outside',
44042:'the united states or between two places both of which are outside the united states. united states means the 50',
44043:'states, the district of columbia, and outlying areas. u.s.flag air carrier means an air carrier holdinga certificateunder 49 u.s.c.chapter411. b',
44044:'section5 of the international air transportation fair competitive practices act of1974 49 u.s.c. 40118 fly america act requires that all',
44045:'federal agencies and government contractors and subcontractors use u.s.flag air carriers for u.s. governmentfinancedinternational airtransportation of personneland their personal effectsor',
44046:'property, to the extent that service by those carriers is available. it requires the comptroller general of the united states,',
44047:'in the absence of satisfactory proof of the necessity for foreignflag air transportation, to disallow expenditures from funds, appropriated or',
44048:'otherwise established for the account of the united states, for international air transportation secured aboard a foreignflag air carrier if',
44049:'a u.s.flag air carrier is available to provide such services. c if available,the contractor, in performingworkunder this contract, shall use',
44050:'u.s.flag carriers for internationalair transportation ofpersonnel and their personal effects or property. d in the event that the contractor selects',
44051:'a carrier other than a u.s.flag air carrier for international air transportation, the contractor shall include a statement on vouchers',
44052:'involving such transportation essentially as follows: statement of unavailability of u.s.flag air carriers international air transportation of personsand their personal',
44053:'effectsor property by u.s.flag air carrierwas not available or it was necessary to use foreignflag air carrier service for the',
44054:'following reasons see section 47.403 of the federal acquisition regulation: [state reasons]: end of statement e the contractor shall include',
44055:'the substance of this clause, including this paragraph e, in each subcontract or purchase under this contract that may involve',
44056:'international air transportation. end of clause 52.24764 preference forprivately owned u.s.flag commercial vessels. as prescribed in 47.507a, insert the following',
44057:'clause: preference for privately owned u.s.flag commercial vessels nov 2021 a except as provided in paragraph e of this clause,',
44058:'the cargo preference act of1954 46 u.s.c.app.1241b requires that federal departments and agencies shall transport in privately owned u.s.flag commercial',
44059:'vessels at least 50 percent of the gross tonnage of equipment, materials, or commodities that may be transported in ocean',
44060:'vessels computed separately for 52.2522 subpart 52.2 text of provisions and clauses 52.24764 dry bulk carriers, dry cargo liners, and',
44061:'tankers. such transportation shall be accomplished whenany equipment, materials, or commodities, located within or outside the united states, that may',
44062:'be transported by ocean vessel are 1 acquired for a u.s. government agency account; 2 furnished to, or for the',
44063:'account of, any foreign nation without provision for reimbursement; 3 furnished for the account of a foreign nation in connection',
44064:'with which the united states advances funds or credits, or guarantees the convertibility of foreign currencies; or 4 acquired with',
44065:'advance of funds, loans, or guaranties made by or on behalf of the united states. b the contractor shall use',
44066:'privately owned u.s.flag commercial vessels to ship at least 50 percent of the gross tonnage involved under this contract computed',
44067:'separately for dry bulk carriers, dry cargo liners,and tankers whenever shipping any equipment, materials, or commodities under the conditions set',
44068:'forth in paragraph a of this clause, to the extent that such vessels are available at rates that are fair',
44069:'and reasonable for privately owned u.s.flag commercial vessels. c 1 the contractor shall submit one legible copy of a rated',
44070:'onboard ocean bill of lading for each shipment to both ithe contractingofficer, and ii the: office of cargo preference maritime',
44071:'administration mar590 400 seventh street, sw washington dc20590. subcontractor bills of lading shall be submitted through the prime contractor. 2',
44072:'the contractor shall furnish these bill of lading copies i within 20 working days of the date of loading for',
44073:'shipments originating in the united states, or ii within 30 working days for shipments originating outside the united states. each',
44074:'bill of lading copy shall contain the following information: asponsoring u.s. government agency. b name of vessel. c vesselflag of',
44075:'registry. d date of loading. e port of loading. f port of final discharge. gdescription of commodity. h gross weight',
44076:'in pounds and cubic feet if available. i total ocean freightrevenue in u.s. dollars. d the contractor shall insert the',
44077:'substance of this clause, including this paragraph d, in all subcontracts or purchase orders under this contract, except those described',
44078:'in paragraph e4. e the requirement in paragraph a does not apply to 1 cargoes carried in vessels asrequired or',
44079:'authorized by law ortreaty; 2 ocean transportation between foreign countries of supplies purchased with foreign currencies made available, or derived',
44080:'from funds that are made available, under the foreign assistance act of1961 22 u.s.c. 2353; 3 shipments of classified supplies',
44081:'when the classification prohibits the use of nongovernment vessels; and 4 subcontracts or purchase orders for the acquisition of commercial',
44082:'products or commercial services unless i this contract is a a contract or agreement for ocean transportation services; or b',
44083:'a construction contract; or ii the supplies being transported are aitems the contractor is reselling or distributing to thegovernmentwithout adding',
44084:'value. generally,the contractor does not add value to the items when it subcontracts items for f.o.b. destination shipment; or b',
44085:'shipped in direct support of u.s. military 1 contingency operations; 2 exercises; or 3 forces deployed inconnection withunited nations or',
44086:'north atlantic treaty organization humanitarian or peacekeeping operations. f guidance regarding fair and reasonable rates for privately owned u.s.flag commercial',
44087:'vessels may be obtained from the: office of costs and rates maritime administration 400 seventh street, sw washington dc 20590',
44088:'phone: 202 3664610. end of clause 52.2523 52.24765 federal acquisition regulation alternate i apr 2003. as prescribed in 47.507a2, substitute',
44089:'the following paragraphs a and b for paragraphs a and b of the basic clause: a except as provided in',
44090:'paragraphs b and e of this clause, the contractor shall use privately owned u.s.flag commercial vessels, and no others, in',
44091:'the ocean transportation of any supplies to be furnished under this contract. b if such vessels are not available for',
44092:'timely shipment at rates that are fair and reasonable for privately owned u.s.flag commercial vessels, the contractorshallnotify the contractingofficer and',
44093:'request1authorizationto ship in foreignflag vessels or 2 designation of available u.s.flag vessels. if thecontractor is authorized in writing by the',
44094:'contracting officer to ship the suppliesin foreignflag vessels, the contractprice shall be equitably adjusted toreflect the difference incosts of shipping',
44095:'the supplies in privately owned u.s.flag commercial vessels and in foreignflag vessels. alternate ii nov 2021 . as prescribed in',
44096:'47.507a3, substitute the following paragraph e for paragraph e of the basic clause: e the requirement in paragraph a does',
44097:'not apply to 1 cargoes carried in vessels asrequired or authorized by law ortreaty; 2 ocean transportation between foreign countries',
44098:'of supplies purchased with foreign currencies made available, or derived from funds that are made available, under the foreign assistance',
44099:'act of1961 22 u.s.c. 2353; and 3 shipments of classified supplies when the classification prohibits the use of nongovernment vessels.',
44100:'4 subcontracts or purchase orders under this contract for the acquisition of commercial products or commercial services unless the supplies',
44101:'being transported are iitems the contractoris reselling ordistributing to the governmentwithout adding value. generally, the contractor does not add value',
44102:'to the items when it subcontracts items for f.o.b. destination shipment; or ii shipments in direct support of u.s. military',
44103:'a contingency operations; b exercises; or c forces deployed in connectionwith united nationsor north atlantic treaty organization humanitarian or peacekeeping',
44104:'operations. note: this contract requires shipment of commercial products in direct support of u.s. military contingency operations,exercises, orforces deployed in',
44105:'connectionwith united nationsor north atlantic treaty organization humanitarian or peacekeeping operations. 52.24765 f.o.b. origin, prepaid freightsmall package shipments. as prescribed',
44106:'in 47.30317f, insert the following clause: f.o.b. origin, prepaid freightsmall package shipments jan 1991 a when authorized by the contracting',
44107:'officer, f.o.b. origin freight shipments whichdo not have a security classification shall move on prepaid commercial bills of lading or',
44108:'other shipping documents to domestic destinations, including air and water terminals. weight ofindividual shipments shall be governedby carrier restrictions butshallnot',
44109:'exceed 150pounds by any form of commercial air or 1,000 pounds by other commercial carriers. the government will reimburse the',
44110:'contractor for reasonable freightcharges. b the contractor shall annotate the commercial bill of lading as required by the clause of',
44111:'this contract entitled commercial bill of lading notations. c the contractor shall consolidate prepaid shipments in accordance with procedures established',
44112:'by the cognizant transportation office. the contractor is authorized to combine government prepaid shipments with the contractor’s commercial shipments for',
44113:'delivery to one or more consignees and the government will reimburse its pro rata share of the total freight costs.',
44114:'the contractor shall provide a copy of the commercial bill of lading promptly to each consignee. quantities shall not be',
44115:'divided into mailable lots for the purpose of avoiding movement by other modes of transportation. d transportation charges will be',
44116:'billed as a separate item on the invoice for eachshipmentmade. acopy ofthe pertinent bill of lading, shipment receipt, or freight',
44117:'bill shall accompany the invoice unless otherwise specified in the contract. e loss and damage claims will be processed by',
44118:'the government. end of clause 52.24766 returnable cylinders. as prescribed in 47.30517, insert the following clause: 52.2524 subpart 52.2 text',
44119:'of provisions and clauses 52.24768 returnable cylinders may 1994 a cylinder, referred to in thisclause, is a pressurevessel designedforpressures higher',
44120:'than 40 psia and having acircular cross section excluding aportable tank, multitank car tank, cargo tankor tank car. b returnable',
44121:'cylinders shall remain thecontractor’s property but shall be loaned without charge to the government for a period of days [contracting',
44122:'officer shall insert number of days] hereafter referred to as loan period following the day of delivery to the f.o.b.',
44123:'point specified in the contract. any cylinder not returned within the loan period shall be charged a daily rental beginning',
44124:'with the firstdayafter the loanperiod expires, to and including the day the cylinders are delivered to the contractor if the',
44125:'original delivery was f.o.b. origin or are delivered or made available for delivery to the contractor’sdesignated carrier if the original',
44126:'deliverywas f.o.b. destination. the government shall pay the contractor a rental of $ [contracting officer shall insert dollar amount for',
44127:'rental, after evaluation of offers] per cylinder, perday, computed separately for cylinders bytype,size,andcapacityand for each point of delivery namedin thecontract.',
44128:'no rental shall accrue to the contractor in excess of replacement value per cylinder specified in paragraph c of this',
44129:'clause. c for each cylinder lost or damaged beyondrepair while in the government’s possession, the governmentshallpayto the contractor the replacement',
44130:'value, less the allocable rental paid for that cylinder as follows: [contracting officer shall insert the cylinder types, sizes, capacities,',
44131:'and associated replacement values.] these cylinders shall become government property. d if any lost cylinder is located within [contracting officer',
44132:'shall insert number of days] calendar days after payment by the government, it may be returned to the contractor by',
44133:'the government, and the contractor shall pay to the government an amount equal to the replacement value, less rental computed',
44134:'in accordance with paragraph b of this clause, beginning at the expiration of the loan period specified in paragraph b',
44135:'of this clause, and continuing to the date on which the cylinderwas delivered to the contractor. end of clause 52.24767',
44136:'submission of transportation documents for audit. as prescribed in 47.1032, insert the following clause: submission of transportation documents for audit',
44137:'feb 2006 a thecontractor shall submit tothe addressidentified below, for prepayment audit, transportation documents on which theunited stateswill assume freightcharges',
44138:'that were paid 1 by the contractor under a costreimbursement contract; and 2 by a firsttier subcontractor under acostreimbursementsubcontract thereunder.',
44139:'b costreimbursement contractors shall only submit for auditthose bills ofladingwith freight shipment charges exceeding $100. bills under $100 shall be',
44140:'retained onsite by the contractor and made available for onsite audits. this exception only applies to freight shipment bills and',
44141:'is not intended to apply to bills and invoices for any other transportation services. c contractors shall submit the above',
44142:'referenced transportation documents to[ to be filled in by contracting officer] end of clause 52.24768 report of shipment repship. as',
44143:'prescribed in 47.2082, insert the following clause: report of shipment repship feb 2006 a definition. domestic destination, as used in',
44144:'this clause, means52.2 525 52.24768 federal acquisition regulation 1 a destination within the contiguous united states; or 2 if shipmentoriginatesin',
44145:'alaska or hawaii, a destination in alaska or hawaii, respectively. b unlessotherwise directed by thecontracting officer,the contractor shall 1 senda',
44146:'prepaid notice of shipment to the consignee transportation officer i for all shipments of a classified material, protected sensitive, and',
44147:'protected controlled material; b explosives and poisons, class 1, division 1.1, 1.2 and 1.3; class 2, division 2.3 and class',
44148:'6, division 6.1; c radioactive materials requiring the use of a iii bar label; or ii when a truckload/carload shipment',
44149:'of supplies weighing 20,000 pounds or more, or a shipment of less weight that occupies the full visible capacity of',
44150:'a railway car or motor vehicle, is given to any carrier common, contract, or private for transportation to a domestic',
44151:'destination other than a port for export; 2 transmits the noticeby rapid means to be received by theconsignee transportationofficer atleast',
44152:'24 hours before the arrival of the shipment; and 3 send, to the receiving transportation officer, the bill of lading',
44153:'orletter or other documentcontaining the following information and prominently identified as a report of shipmentor repship fort.o. repship for t.o.',
44154:'81jun 01 transportation officer defense depot, memphis,tn. shipped your depot 1981 jun 1 540 ctns mens cotton trousers, 30,240 lb,',
44155:'1782 cube,viaxxyy in car no. xx 123456blc98000031 contractdlaetajune 5 jones &co., jersey city, n.j. name ofrail carrier, trucker, or other',
44156:'carrier. vehicle identification. bill of lading. if not shipped by bl, identify lading document and statewhetherpaid by contractor. estimated time',
44157:'of arrival. end of clause 52.2526 subpart 52.2 text of provisions and clauses 52.2481 52.248[reserved] 52.2481value engineering. as prescribed in',
44158:'48.201, insert the following clause: value engineering jun 2020 a general. the contractor is encouraged to develop, prepare, and submitvalueengineering',
44159:'change proposals vecp’s voluntarily. the contractor shall share in any netacquisitionsavings realized from accepted vecp’s, inaccordance withthe incentive sharing rates',
44160:'in paragraph f of this clause. b definitions. acquisition savings, as used in this clause, means savings resulting from the',
44161:'application of a vecp to contracts awarded by the samecontracting office orits successor for essentially the same unit. acquisition savings',
44162:'include 1 instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal',
44163:'to the instant unit cost reduction multiplied by the number of instant contract units affected by the vecp, less the',
44164:'contractor’s allowable development and implementation costs; 2 concurrent contract savings, which are net reductions in the prices of other contracts',
44165:'that are definitized and ongoing at the time the vecp is accepted; and 3 future contract savings, which are the',
44166:'product of the future unit cost reduction multiplied by the number of future contract units in the sharing base. on',
44167:'an instant contract, future contract savings include savings on increases in quantities after vecp acceptance that are due to contract',
44168:'modifications, exercise of options, additional orders, and funding of subsequent year requirements on a multiyear contract. collateral savings,as used in',
44169:'this clause,means thosemeasurable net reductionsresulting froma vecp inthe agency’s overall projected collateral costs, exclusive of acquisition savings, whether or not',
44170:'the acquisition cost changes. contracting office includes any contractingoffice thatthe acquisition is transferred to, such as another branch of the',
44171:'agency or another agency’soffice thatis performing a jointacquisition action. contractor’s development and implementation costs, as used in this clause, means',
44172:'those costs the contractor incurs on a vecp specifically in developing, testing, preparing, and submitting the vecp,as well as thosecosts',
44173:'the contractor incursto make the contractual changes required bygovernment acceptance ofa vecp. future unit cost reduction, asused inthis clause, means',
44174:'the instant unit cost reductionadjusted as the contracting officer considers necessary for projected learning or changes in quantity during the',
44175:'sharing period. it is calculated at the time the vecp is accepted and applies either 1 throughout the sharing period,',
44176:'unless the contractingofficer decidesthat recalculation is necessary because conditions are significantly different from those previously anticipated; or 2 to the',
44177:'calculation of a lumpsumpayment, which cannot laterbe revised. government costs, as used in this clause, means those agency costs that',
44178:'result directly from developing and implementing thevecp, such asany net increases inthe cost of testing, operations, maintenance,andlogistics support. the term',
44179:'doesnot include the normal administrative costs ofprocessingthe vecp or any increasein this contract’scostor price resulting from negative instant contract savings.',
44180:'instant contract, as used in this clause, means this contract, under which the vecp is submitted. it does not include',
44181:'increases in quantities after acceptance of the vecp that are due to contract modifications, exercise of options, or additional orders.',
44182:'if this is a multiyear contract, the term does not include quantities funded after vecp acceptance. if this contract is',
44183:'a fixedprice contract with prospective price redetermination, the term refers to the period for which firm prices have been established.',
44184:'instant unit cost reduction means the amount of the decrease in unit cost of performance without deducting any contractor’sdevelopment or',
44185:'implementation costs resulting from using the vecp onthis, the instant contract. if this is a service contract, the instant unit',
44186:'cost reduction is normally equal to the number of hours per lineitem task saved by using the vecp on this',
44187:'contract, multiplied by the appropriate contract labor rate. negative instant contract savings means the increase in the cost or price',
44188:'of this contract when the acceptance of a vecp results in an excess ofthe contractor’sallowable development and implementation costs over',
44189:'the product of the instant unit cost reduction multiplied by the number of instant contract units affected. net acquisition savings',
44190:'means total acquisition savings, including instant, concurrent, and future contract savings, less government costs. 52.2527 52.2481 federal acquisition regulation sharing',
44191:'base, as used in this clause, meansthe number ofaffected end items on contracts ofthe contracting office accepting the vecp. sharing',
44192:'period, as used in this clause, means the period beginning with acceptance of the first unit incorporating the vecp and',
44193:'ending at a calendardate or event determinedby the contractingofficer for each vecp. unit, as used in this clause, means the',
44194:'item ortaskto which the contracting officer andthe contractor agree the vecp applies. value engineering change proposal vecp means a proposal',
44195:'that 1 requires a change to this, the instant contract, to implement; and 2 results in reducing the overall projected',
44196:'cost to the agency without impairing essential functions or characteristics;provided, that it does not involve a change i in deliverable',
44197:'end item quantities only; ii in research and development r&d end items or r&d test quantities that is due solely',
44198:'to results of previous testing under this contract; or iii to the contracttype only. c vecp preparation. as a minimum,',
44199:'the contractor shall include in each vecp the information described in paragraphs c1through8of this clause. if the proposedchange is affected',
44200:'by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment',
44201:'shall govern vecp preparation. the vecp shall include the following: 1 a description of thedifference between the existing contract requirement',
44202:'and the proposed requirement, the comparative advantages and disadvantages of each, a justification whenan item’s functionor characteristics are being altered,',
44203:'theeffect ofthe changeon the end item’sperformance, and any pertinent objectivetest data. 2 a list and analysis of the contract requirements',
44204:'that must be changed if the vecp is accepted, including any suggested specification revisions. 3 identification of the unit to',
44205:'which the vecp applies. 4 a separate, detailedcost estimate for i the affectedportions of the existingcontract requirement andii the vecp.',
44206:'the costreduction associated withthe vecp shall take into account thecontractor’s allowable development and implementation costs, including any amount attributable to',
44207:'subcontracts under the subcontracts paragraph of this clause. 5 a description and estimate of coststhe government may incur in implementing',
44208:'the vecp, such as test and evaluation and operating and support costs. 6 a prediction of any effects the proposedchange',
44209:'would have on collateral costs tothe agency. 7 a statement of the time by which a contract modification accepting the',
44210:'vecp must be issued in order to achieve the maximumcost reduction,noting any effect on thecontract completion time or delivery schedule.',
44211:'8 identification ofanyprevious submissions ofthe vecp, including the dates submitted, theagencies and contract numbers involved, and previous government actions, if',
44212:'known. d submission. thecontractor shall submit vecp’s to the contracting officer, unless this contract states otherwise. if thiscontract is administered',
44213:'byotherthan the contracting office, the contractor shall submita copy of the vecp simultaneously tothe contracting officerand to the administrative contracting',
44214:'officer. e government action. 1 the contractingofficer will notify the contractorof the status of the vecp within 45 calendar daysafter',
44215:'the contractingoffice receives it. ifadditional time is required, the contracting officer willnotify the contractor within the 45day period and provide',
44216:'the reason for the delay and the expected date of the decision. the government will process vecp’s expeditiously; however,itwill not',
44217:'be liable for any delay in acting upon a vecp. 2 if the vecpis not accepted, the contracting officer will',
44218:'notify the contractor in writing, explaining the reasons for rejection. the contractor may withdraw anyvecp, in whole or inpart, atanytime',
44219:'before it is accepted by thegovernment. the contracting officer may requirethat the contractorprovide written notification before undertaking significant expenditures for',
44220:'vecp effort. 3 any vecp may be accepted, in whole orin part, by the contracting officer’s award ofa modification to',
44221:'this contract citing this clause and made either before or within a reasonable time after contract performance is completed. until',
44222:'such a contract modification applies a vecp to this contract, the contractor shall perform in accordance with the existing contract.',
44223:'the decision to accept or reject all or part of any vecp is a unilateral decision made solely at the',
44224:'discretion of the contracting officer. f sharing rates. if a vecp is accepted, the contractor shall share in net acquisition',
44225:'savings according to the percentages shownin thetable below. the percentage paidthe contractor depends upon 1 this contract’s typefixedprice, incentive, or',
44226:'costreimbursement; 52.2528 subpart 52.2 text of provisions and clauses 52.2481 2 the sharing arrangement specified in paragraph a of this',
44227:'clause incentive, program requirement, or a combination as delineated in the schedule; and 3 the source of the savings the',
44228:'instant contract, or concurrent and future contracts, as follows: contractor’s shareof net acquisition savings figure inpercent contract type incentive voluntary',
44229:'program requirement mandatory instant contract rate concurrent and future contract rate instant contract rate concurrent and future contract rate fixedprice',
44230:'includes fixedpriceaward fee; excludes other fixedprice incentive contracts incentive fixedprice or cost other than award fee costreimbursement includes costplus awardfee;',
44231:'excludes other costtype incentive contracts 50 25 50 50 25 25 15 25 25 15 the contracting office may increase',
44232:'the contractor’s sharing rate to as high as 75 percent for each vecp. same sharing arrangement as the contract’s profit',
44233:'or fee adjustment formula. the contracting office may increase the contractor’s sharing rateto as high as 50percent foreach vecp. g',
44234:'calculating net acquisition savings. 1 acquisition savings are realized when i the cost or price is reduced on the instant',
44235:'contract, ii reductions are negotiated in concurrent contracts, iii future contracts are awarded, or iv agreement is reached on a',
44236:'lumpsum payment for future contract savings see paragraph i4 of this clause. net acquisition savings are first realized, and the',
44237:'contractor shall be paid a share, when government costs and any negative instant contract savings have been fully offset against',
44238:'acquisition savings. 2 except in incentive contracts, government costs and any price or cost increases resulting from negative instant contract',
44239:'savingsshallbe offset againstacquisitionsavings eachtime such savings are realized until they are fully offset. then, the contractor’s share is calculated by',
44240:'multiplying net acquisition savings bythe appropriate contractor’spercentage sharing rate see paragraph f of this clause. additional contractor shares of net',
44241:'acquisition savings shall be paid to the contractor at the time realized. 3 if thisis an incentive contract, recovery of',
44242:'government costson the instant contract shall be deferred and offset against concurrent and future contract savings. the contractor shall share',
44243:'through the contract incentive structure in savings on the instantcontract items affected. any negativeinstant contract savings shall be added tothe',
44244:'target cost or tothe target price and ceilingprice,and the amount shall be offset against concurrentandfuture contract savings. 4 if the',
44245:'government doesnot receive and accept all items on whichitpaid the contractor’s share, thecontractor shall reimburse the government for the proportionate',
44246:'share of these payments. h contract adjustment. the modification accepting the vecp or a subsequent modification issued as soon as',
44247:'possible after any negotiations are completed shall 1 reduce the contract price or estimated cost by the amount of instant',
44248:'contract savings, unless this is an incentive contract; 2 when the amount of instant contract savings is negative, increase the',
44249:'contract price, target price and ceiling price, target cost,or estimatedcost bythat amount; 3 specify the contractor’s dollar share per unit',
44250:'on future contracts, or provide the lumpsum payment; 4 specify the amount ofany government costs or negative instant contract savings',
44251:'to be offset in determining net acquisition savings realized from concurrent or future contract savings; and 5 provide thecontractor’s shareof',
44252:'any net acquisition savings underthe instant contract in accordance with the following: i fixedprice contractsadd to contract price. 52.2529 52.2481',
44253:'federal acquisition regulation ii costreimbursement contractsadd to contract fee. i concurrent and future contract savings. 1 paymentsof the contractor’s share',
44254:'ofconcurrent andfuture contract savings shall be made by a modification to the instant contract in accordance with paragraph h5 of',
44255:'this clause. for incentive contracts, shares shall be added as a separate firmfixedprice line item on the instant contract. the',
44256:'contractor shall maintain records adequate to identify the first delivered unit for 3 years after final payment under this contract.',
44257:'2 the contracting officer shall calculate the contractor’s share of concurrent contractsavings by i subtracting from the reduction in price',
44258:'negotiated on the concurrent contract any government costs or negative instant contract savings notyet offset; and iimultiplying the resultby the',
44259:'contractor’s sharing rate. 3 the contracting officer shall calculate the contractor’s share of futurecontract savings by i multiplying the future',
44260:'unit cost reduction by the number of future contract units scheduled for delivery during the sharing period; iisubtracting any government',
44261:'costs or negative instantcontract savings not yet offset; and iii multiplying the resultby the contractor’s sharing rate. 4 when the',
44262:'government wishes and the contractor agrees,the contractor’sshare of future contract savings may be paid in a single lump sum rather',
44263:'than in a series of payments over time as future contracts are awarded. under this alternate procedure, the future contract',
44264:'savings may be calculated when the vecp is accepted, on the basis of the contracting officer’s forecast of the number',
44265:'of units that willbe delivered during the sharing period. the contractor’s share shall be included in a modification to this',
44266:'contract see paragraph h3 of this clause and shall not be subject to subsequent adjustment. 5 alternate nocost settlement method.',
44267:'when, in accordance with section 48.1044 of the federal acquisition regulation far, the government and the contractor mutually agree touse',
44268:'the nocost settlementmethod, thefollowing applies: ithe contractorwill keep all the savings on theinstant contract and on its concurrent contracts only.',
44269:'ii the government will keep all the savings resulting from concurrent contracts placed on other sources, savings from all future',
44270:'contracts, and all collateral savings. j collateral savings. if a vecp is accepted, the contracting officer will increase the instant',
44271:'contractamount, as specified in paragraph h5 of this clause, by a rate from 20 to 100percent, as determinedby the contracting',
44272:'officer, of any projected collateral savings determined to be realized in a typical year of use after subtracting any government',
44273:'costs not previouslyoffset. however, the contractor’s share ofcollateral savingswill not exceed the contract’s firmfixedprice, target price, target cost,or estimatedcost, at',
44274:'thetime the vecp is accepted, or $100,000, whichever is greater. the contracting officer will be the sole determiner of the',
44275:'amountof collateral savings. k relationship to other incentives. only those benefits of an accepted vecp not rewardable under performance, design',
44276:'tocost production unit cost, operating and support costs, reliability and maintainability, or similar incentives shall be rewarded under this clause.',
44277:'however, the targets of such incentives affected bythe vecp shall not be adjustedbecause of vecp acceptance. ifthis contractspecifiestargets but providesno',
44278:'incentiveto surpass them, the value engineering sharing shall apply only to the amountof achievement better thantarget. l subcontracts. the contractor',
44279:'shall include an appropriate value engineering clause in any subcontractvalued at or above the simplifiedacquisition threshold, as defined infar 2.101',
44280:'on the date of subcontract award, and may include one in subcontracts of lesser value. in calculating any adjustment in',
44281:'this contract’sprice for instant contract savings or negative instant contract savings, the contractor’s allowable development and implementation costs shall includeanysubcontractor’s',
44282:'allowable development and implementationcosts, and any value engineering incentivepaymentsto a subcontractor, clearly resulting from a vecp accepted by the government',
44283:'under this contract. the contractor may choose any arrangement for subcontractor value engineering incentive payments, provided, that the payments shall',
44284:'not reduce thegovernment’s share of concurrent or future contract savings or collateral savings. m data. the contractormay restrictthe government’s right',
44285:'to use any partof avecp or the supporting databy marking the followinglegend onthe affected parts: these data, furnished under the',
44286:'value engineeringclause ofcontract , shall not be disclosed outside the government or duplicated, used, or disclosed, in whole or in',
44287:'part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. this restrictiondoes not',
44288:'limit the government’s rightto use information contained in these data if it has been obtained or is otherwise available from',
44289:'the contractor or from another source without limitations. if a vecp is accepted, the contractor hereby grants the government unlimited',
44290:'rights in the vecp and supporting data, except that, with respect to data qualifying and submitted as limited rights technical',
44291:'data, the government shall have the 52.2530 subpart 52.2 text of provisions and clauses 52.2482 rights specified in the contract',
44292:'modification implementing the vecp and shall appropriately mark the data. the terms unlimited rights and limited rights are defined in',
44293:'part 27 of the federal acquisition regulation. end of clause alternate i apr 1984. if the contracting officerselects a mandatory',
44294:'value engineering program requirement,substitute the following paragraph a for paragraph a of the basic clause: a general. the contractor shall',
44295:'1 engage in a value engineering program, and submit value engineering progress reports, as specified in thescheduleand2submit to the contracting',
44296:'officer any resulting value engineering change proposals vecp’s. in addition to being paid as the schedule specifies for this mandatory',
44297:'program, the contractor shall sharein any net acquisition savingsrealizedfrom accepted vecp’s, in accordance with the program requirement sharing rates in',
44298:'paragraph f of this clause. alternate ii jan 2015. ifthe contracting officer selects both a value engineeringincentive andmandatory value engineering',
44299:'program requirement, substitute the following paragraph a for paragraph a of the basic clause: a general. for those line items',
44300:'designated in the schedule as subject to the value engineering program requirement, the contractor shall 1 engage in a value',
44301:'engineering program, and submit value engineering progress reports, as specified in the schedule and 2 submit to the contractingofficer any',
44302:'resultingvecp’s. in additionto being paid as the schedule specifies for this mandatory program, the contractor shall share in any net',
44303:'acquisition savings realized fromvecp’s acceptedunder the program, in accordance with the program requirement sharing rates in paragraph f of this',
44304:'clause. for remaining areas of thecontract, the contractoris encouragedto develop, prepare,and submit vecp’s voluntarily; for vecp’s accepted under these remaining',
44305:'areas, the incentive sharing rates apply. the decision on which rate appliesis aunilateraldecision made solely at the discretion of the',
44306:'government. alternate iii apr 1984. when the head of the contracting activity determines that the cost of calculating and tracking',
44307:'collateral savings will exceed the benefits to be derived in a contract calling for a value engineering incentive, delete paragraph',
44308:'j from thebasic clause and redesignate theremaining paragraphs accordingly. 52.2482value engineeringarchitectengineer. as prescribed in 48.201f, insert the following clause: value',
44309:'engineeringarchitectengineer mar 1990 a general. the contractor shall 1 perform value engineering ve services and submit progress reports as specified',
44310:'in theschedule; and 2 submit to the contracting officer any resulting value engineering proposals vep’s. valueengineering activities shall be performed',
44311:'concurrently with, and without delay to, the schedule set forth in the contract. the services shall include ve evaluation and',
44312:'review and study of design documents immediately following completion of the 35 percent design stateor at such stages asthe contracting',
44313:'officermay direct. each separately priced lineitem for ve services shall define specifically the scope of work to be accomplished and',
44314:'may include ve studies of items other than design documents. the contractor shall bepaid as the contract specifies for this',
44315:'effort, but shall not share in savings which may result from acceptance and use of vep’s by the government. b',
44316:'definitions. life cycle cost, as used in this clause, is the sum of all costs over the useful life of',
44317:'a building, system or product. it includes thecostof design, construction, acquisition, operation, maintenance, and salvage resale value, if any. value',
44318:'engineering, as used inthisclause, means an organized effort toanalyze the functions of systems, equipment, facilities, services, and supplies for the',
44319:'purpose of achieving the essential functions at the lowest life cycle cost consistent with required performance,reliability, quality, and safety. value',
44320:'engineering proposal, as used in this clause, means, in connection with an ae contract, a change proposal developed by employees',
44321:'of the federal government or contractor value engineering personnel under contract to an agency to provide value engineering services for',
44322:'the contract or program. c submissions. after award of an architectengineering contract the contractor shall 1 provide thegovernmentwith a feebreakdownscheduleforthe',
44323:'ve services such as criteriareview, task team review, and bid package review included in the contract schedule; 2 submit, for',
44324:'approvalby the contracting officer, a list of team members and theirrespective resumes representing theengineering disciplines requiredto complete the study effort,',
44325:'and evidenceof the team leader’squalifications and 52.2531 52.2483 federal acquisition regulation engineering discipline. subsequent changes or substitutions to the approved',
44326:'ve team shall be submitted in writing to the contracting officerforapproval; and 3 the team leader shall be responsible for',
44327:'prestudy work assembly and shall edit, reproduce, and sign the final report and each vep. all vep’s, even if submitted',
44328:'earlier as an individual submission,shallbe contained in thefinal report. d vep preparation. as a minimum, the contractor shall include the',
44329:'following information in each vep: 1 a description of thedifference between the existing and proposed design, the comparative advantages and',
44330:'disadvantages of each, a justification whenan item’s functionis being altered, the effect of the change on systemor facility performance, and',
44331:'any pertinent objective test data. 2 a list and analysis of design criteria or specifications that must be changed if',
44332:'the vep is accepted. 3 a separatedetailed estimate of the impact on project cost of each vep, if acceptedandimplemented by',
44333:'the government. 4 a description and estimate of coststhe government may incur in implementing the vep, such as design change',
44334:'cost and test and evaluation cost. 5 a prediction of any effects the proposedchange may have onlife cyclecost. 6 the',
44335:'effect thevep will have on design orconstruction schedules. e vep acceptance. approved vep’s shall be implemented by bilateral modification to',
44336:'thiscontract. end of clause 52.2483value engineeringconstruction. as prescribed in 48.202, insert the following clause: value engineeringconstruction oct 2020 a general.',
44337:'the contractor is encouraged to develop, prepare, and submitvalueengineering change proposals vecp’s voluntarily. the contractor shall share in any instant',
44338:'contractsavings realized from accepted vecp’s, inaccordance with paragraph f of this clause. b definitions. collateral costs, as used in this',
44339:'clause, means agency costs of operation, maintenance, logistic support, or governmentfurnished property. collateral savings,as used in this clause,means thosemeasurable net',
44340:'reductionsresulting froma vecp inthe agency’s overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes.',
44341:'contractor’s development and implementation costs, as used in this clause, means those costs the contractor incurs on a vecp specifically',
44342:'in developing, testing, preparing, and submitting the vecp,as well as thosecosts the contractor incursto make the contractual changes required bygovernment',
44343:'acceptance ofa vecp. government costs, as used in this clause, means those agency costs that result directly from developing and',
44344:'implementing thevecp, such asany net increases inthe cost of testing, operations, maintenance,andlogistic support. the termdoes not include the normal administrative',
44345:'costs ofprocessingthe vecp. instant contract savings, as used in this clause, means the estimated reduction in contractor cost of performance',
44346:'resulting from acceptance of the vecp, minus allowablecontractor’s development and implementation costs, including subcontractors’ development and implementation costs see paragraph',
44347:'h of this clause. value engineering change proposal vecp means a proposal that 1 requires a change to this, the',
44348:'instant contract, to implement; and 2 results in reducing the contract price or estimated cost without impairing essential functions or',
44349:'characteristics; provided, that it does not involve a change i in deliverable end item quantities only; or iito the contracttype',
44350:'only. c vecp preparation. as a minimum, the contractor shall include in each vecp the information described in paragraphs c1through7of',
44351:'this clause. if the proposedchange is affected by contractually required configuration management or similar procedures, the instructions in those procedures',
44352:'relating to format, identification, and priority assignment shall govern vecp preparation. the vecp shall include the following: 1 a description',
44353:'of thedifference between the existing contract requirement and that proposed, the comparative advantages and disadvantages of each, a justification when',
44354:'an item’s function orcharacteristics are beingaltered,andthe effect of thechange on the end item’s performance. 52.2532 subpart 52.2 text of provisions',
44355:'and clauses 52.2483 2 a list and analysis of the contract requirements that must be changed if the vecp is',
44356:'accepted, including any suggested specification revisions. 3 a separate, detailedcost estimate for i the affectedportions of the existingcontract requirement andii',
44357:'the vecp. the costreduction associated withthe vecp shall take into account thecontractor’s allowable development and implementation costs, including any amount',
44358:'attributable to subcontracts under paragraph h of this clause. 4 a description and estimate of coststhe government may incur in',
44359:'implementing the vecp, such as test and evaluation and operating and support costs. 5 a prediction of any effects the',
44360:'proposedchange would have on collateral costs tothe agency. 6 a statement of the time by which a contract modification accepting',
44361:'the vecp must be issued in order to achieve the maximumcost reduction,noting any effect on thecontract completion time or delivery',
44362:'schedule. 7 identification ofanyprevious submissions ofthe vecp, including the dates submitted, theagencies and contract numbers involved, and previous government actions,',
44363:'if known. d submission. thecontractor shall submit vecp’s to the resident engineerat the worksite, with a copy to the contracting',
44364:'officer. e government action. 1thecontractingofficerwillnotifythecontractorofthestatusofthevecpwithin45 calendar days afterthe contracting office receives it. if additional timeis required, thecontracting officer will notify',
44365:'the contractor within the 45day period and provide the reason for the delay and the expected date of the decision.',
44366:'the government will process vecp’s expeditiously; however, it will not be liable for any delayin acting upon avecp. 2 if',
44367:'the vecpis not accepted, the contracting officer will notify the contractor in writing, explaining the reasons for rejection. the contractor',
44368:'may withdraw anyvecp, in whole or inpart, atanytime before it is accepted by thegovernment. the contracting officer may requirethat the',
44369:'contractorprovide written notification before undertaking significant expenditures for vecp effort. 3 any vecp may be accepted, in whole orin part,',
44370:'by the contracting officer’s award ofa modification to this contract citing this clause. the contracting officer may accept thevecp, even',
44371:'though anagreement on price reduction has not been reached, by issuing the contractor a notice to proceed with the change.',
44372:'until a notice to proceed is issued or a contract modification applies a vecp to this contract, the contractor shall',
44373:'perform in accordance with the existing contract. the decision to accept or reject all or part of any vecp is',
44374:'a unilateral decision made solely at the discretion of the contracting officer. f sharing 1 rates. the government’s share of',
44375:'savings is determined bysubtracting government costs from instant contract savings and multiplying the result by i 45 percent for fixedprice',
44376:'contracts; or ii 75 percent for costreimbursement contracts. 2 payment. payment of any share due the contractor for use of',
44377:'a vecp on this contract shall be authorized by a modification to this contract to i accept the vecp; ii',
44378:'reduce the contract price or estimated cost by the amount of instant contract savings; and iii providethe contractor’sshare of savings',
44379:'by adding the amount calculated to the contract price or fee. g collateral savings.if a vecp is accepted, the contracting',
44380:'officer willincrease theinstant contract amount by 20 percent of any projected collateral savings determined to be realized in a typical',
44381:'year of use after subtracting any government costs not previously offset. however, the contractor’s share of collateral savings will notexceed',
44382:'the contract’s firmfixedprice orestimated cost, at the time the vecp is accepted, or $100,000,whichever is greater. the contractingofficer isthe sole',
44383:'determiner of the amount of collateral savings. h subcontracts. the contractor shall include an appropriate value engineering clause in any',
44384:'subcontract of $75,000 or more and mayinclude one in subcontracts of lesservalue. in computing any adjustment inthiscontract’s price underparagraph f',
44385:'of this clause, the contractor’s allowable developmentandimplementation costs shall include any subcontractor’s allowable development and implementation costsclearly resulting froma vecp',
44386:'accepted by thegovernment underthis contract, butshallexclude any value engineering incentive payments toa subcontractor. the contractor may choose any arrangement for',
44387:'subcontractor value engineering incentive payments; provided, that these payments shall not reduce the government’s share of the savings resulting from',
44388:'the vecp. i data. the contractor may restrict the government’s right to useanypart of a vecpor the supporting data by',
44389:'marking thefollowing legend on the affected parts: these data, furnished under the value engineeringconstruction clause of contract , shall not',
44390:'be disclosed outside the government or duplicated, used, or disclosed, in whole or in part, for any purpose other than',
44391:'to evaluate a value 52.2533 52.2483 federal acquisition regulation engineering changeproposal submitted under the clause. this restriction doesnot limit the',
44392:'government’s right touse information contained in these data if it has been obtained or is otherwise available from the contractor',
44393:'or from another source without limitations. if a vecp is accepted, the contractor hereby grants the government unlimited rights in',
44394:'the vecp and supporting data, except that, with respect to data qualifying and submitted as limited rights technical data, the',
44395:'government shall have the rights specified in the contract modification implementing the vecp and shall appropriately mark the data. the',
44396:'terms unlimited rights and limited rights are defined in part 27 of the federal acquisition regulation. end of clause alternate',
44397:'i apr 1984. when the head of the contracting activity determines that the cost of calculating and tracking collateral savings',
44398:'will exceed the benefits to be derived in a construction contract, delete paragraph g from the basic clause and redesignate',
44399:'theremaining paragraphs accordingly. 52.2534 subpart 52.2 text of provisions and clauses 52.2492 52.249[reserved] 52.2491termination forconvenience of the government fixedprice short',
44400:'form. as prescribed in 49.502a1, insert the following clause: termination for convenience of the government fixedprice short form apr 1984',
44401:'the contracting officer, bywritten notice, may terminate this contract, inwhole or in part, when it is in thegovernment’s interest. if',
44402:'this contract is terminated, the rights, duties, and obligations of the parties, including compensation to the contractor,shallbeinaccordancewith part 49ofthefederalacquisitionregulationineffectonthedateofthiscontract. end',
44403:'of clause alternate i apr 1984. if the contract is for dismantling, demolition, or removal of improvements, designate the basic',
44404:'clause as paragraph a and add the following paragraph b: b upon receipt of the termination notice, if title to',
44405:'property is vested in the contractor under this contract, it shall revest in the government regardless of any other clause',
44406:'of the contract, except for property that the contractor a disposed of by bona fide sale or b removed from',
44407:'the site. 52.2492termination forconvenience of the government fixedprice. as prescribed in 49.502b1i, insert the following clause: termination for convenience of',
44408:'the government fixedprice apr 2012 a thegovernment may terminate performance ofwork under this contract in whole or, fromtime to time,',
44409:'in part if the contracting officerdeterminesthat a termination is in the government’sinterest. the contracting officer shall terminate by delivering to',
44410:'thecontractor a notice of terminationspecifying the extent of terminationand the effectivedate. b afterreceipt of a notice of termination, and except',
44411:'as directed by the contractingofficer, the contractor shall immediately proceed with the following obligations, regardless of any delay in determining',
44412:'or adjusting any amounts due under this clause: 1 stop work as specified in the notice. 2 place no further',
44413:'subcontracts or orders referred to as subcontracts in this clause for materials, services, or facilities, except as necessary to complete',
44414:'the continued portion of the contract. 3 terminate all subcontracts tothe extent they relate tothe work terminated. 4 assign to',
44415:'the government, asdirected bythe contracting officer, all right, title, and interestof the contractor under the subcontracts terminated, in which case',
44416:'the government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations.',
44417:'5 with approval or ratification to the extentrequired by the contracting officer, settle all outstanding liabilities and termination settlement proposals',
44418:'arising from the termination of subcontracts; the approval or ratification will be final for purposes of this clause. 6 asdirected',
44419:'bythe contracting officer, transfer title and deliver to the government i the fabricated or unfabricated parts, work in process, completed',
44420:'work, supplies, and other material produced or acquired for the work terminated; and ii the completed or partially completed plans,',
44421:'drawings, information, and other property that, if the contract had been completed, would be required to be furnished to the',
44422:'government. 7 complete performance of the work not terminated. 8 takeanyaction that maybe necessary, or that the contracting officer may',
44423:'direct, for the protection and preservation of the property related to this contract that is in the possession of the',
44424:'contractor and in which the government has or may acquire an interest. 9 use its best efforts to sell, as',
44425:'directed or authorizedby the contracting officer, any property ofthe types referred to in paragraph b6 of this clause; provided, however,',
44426:'that thecontractor iis notrequired to extend credit to any purchaser and ii may acquirethe property underthe conditions prescribed by, and',
44427:'at pricesapproved by, thecontracting officer. the 52.2535 52.2492 federal acquisition regulation proceeds of any transfer or disposition will be applied',
44428:'to reduce any payments to be made by the government under this contract, creditedto the price or cost of the',
44429:'work, or paid in any other manner directed by the contractingofficer. c thecontractor shall submit complete termination inventory schedules no',
44430:'laterthan 120days from the effectivedate of termination, unless extended in writing by the contracting officer upon written request of the',
44431:'contractor within this 120day period. d after expiration of the plant clearance period as defined in subpart 49.001 of the',
44432:'federal acquisition regulation, thecontractor maysubmit to the contracting officer a list, certified as toquantity and quality, of terminationinventorynot previouslydisposed of,',
44433:'excluding items authorized for disposition by the contracting officer. the contractor may request thegovernment to remove those items or enter',
44434:'into anagreement for their storage. within 15 days,the government will accept title to thoseitems and remove themor enter into a',
44435:'storage agreement. the contractingofficer may verify thelist uponremoval of the items, or if stored, within45 days from submissionof the list,',
44436:'and shall correctthe list, asnecessary, before final settlement. e after termination, the contractorshallsubmit a final terminationsettlement proposal tothe contracting officerin',
44437:'the form and with the certification prescribedby the contracting officer. the contractor shall submitthe proposal promptly, but nolater than 1',
44438:'year fromthe effective date of termination, unless extended in writing by the contracting officer upon written request of the contractorwithin',
44439:'this 1year period. however, if the contracting officer determines that the facts justify it, a termination settlement proposal may be',
44440:'received and acted on after 1 year or any extension. if the contractor fails to submit the proposal within the',
44441:'time allowed, the contractingofficer may determine, on thebasis of information available, theamount, if any, due the contractor because of the',
44442:'termination and shall pay the amount determined. f subject to paragraph e ofthisclause, the contractorandthe contracting officermay agree upon the',
44443:'whole or any part of the amount to be paid or remaining to be paid because of the termination. the',
44444:'amount may include a reasonable allowance for profit on work done. however,the agreed amount, whether underthis paragraph for paragraphgof this',
44445:'clause, exclusive of costs shown in paragraph g3 of this clause, may not exceed the total contract price as reduced',
44446:'by 1 the amount of payments previously made and 2 the contract price of work not terminated. the contract shall',
44447:'be modified, and the contractorpaid the agreed amount. paragraph g of this clause shall not limit, restrict, or affect the',
44448:'amount that may be agreed upon to be paid under this paragraph. g if the contractor and the contracting officer',
44449:'failto agree on the whole amount to be paid because of the termination of work, the contractingofficer shall pay the',
44450:'contractor the amounts determined bythe contracting officeras follows, but without duplication of any amounts agreed on under paragraph f of',
44451:'this clause: 1 the contract price for completed supplies or services accepted by the government or sold or acquired under',
44452:'paragraph b9 of this clause not previouslypaid for, adjusted for anysaving of freight and other charges. 2 the total of',
44453:'i the costs incurred in the performance of the work terminated, including initial costs and preparatory expense allocable thereto, but',
44454:'excluding any costs attributable to supplies or services paid or to be paid under paragraph g1 of this clause; ii',
44455:'the cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminatedportion of',
44456:'the contractif notincluded insubdivisiong2i ofthisclause; and iii a sum, as profit on subdivision g2i of this clause, determined by the',
44457:'contracting officer under 49.202 of thefederal acquisition regulation, in effecton the dateof this contract,to befair and reasonable; however, ifitappears that',
44458:'thecontractor wouldhavesustained a loss onthe entire contract had it been completed,the contracting officershallallow no profit under this subdivision g2iii and',
44459:'shall reduce the settlement to reflect the indicated rate of loss. 3 the reasonable costs of settlement of the work',
44460:'terminated, including i accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting',
44461:'data; ii the termination and settlement of subcontracts excluding the amounts of such settlements; and iii storage, transportation, and other',
44462:'costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory. h except for normal spoilage, and',
44463:'except to the extent that the government expressly assumed the risk of loss, the contracting officershallexclude from theamountspayable to the',
44464:'contractor underparagraph g ofthis clause, the fair value as determinedby the contracting officer, for the loss of the government property.',
44465:'i the cost principles and procedures of part 31ofthefederalacquisitionregulation,ineffectonthedateofthis contract, shall govern all costs claimed, agreed to, or determined under',
44466:'this clause. 52.2536 subpart 52.2 text of provisions and clauses 52.2492 j the contractor shall have the right of appeal,',
44467:'under the disputes clause, from any determination made by the contracting officerunder paragraph e, g, or l of this clause,',
44468:'except that ifthe contractor failed to submit the termination settlement proposalor request for equitable adjustment withinthe time providedin paragraph e',
44469:'or l, respectively, and failed to request a time extension, there is no right of appeal. k in arriving at',
44470:'the amount due the contractor under this clause, there shall be deducted 1 all unliquidated advance or other payments to',
44471:'the contractor under the terminated portion of this contract; 2 any claim which the government has against the contractor under',
44472:'this contract; and 3 the agreed price for, or the proceeds of saleof, materials, supplies, or other things acquired by',
44473:'thecontractor or sold under the provisions of this clause and not recovered by or credited to the government. lif the',
44474:'termination is partial, the contractor may filea proposal with the contracting officer for an equitable adjustment of the prices of',
44475:'the continued portion ofthe contract. the contracting officer shall makeanyequitable adjustmentagreed upon. any proposal by the contractor for an equitable',
44476:'adjustment under this clause shall be requested within 90 days from theeffective date oftermination unless extended in writing bythe contracting',
44477:'officer. m 1thegovernmentmay,underthetermsandconditionsitprescribes,makepartialpaymentsandpaymentsagainst costs incurred by the contractor for the terminated portion of thecontract, if the contracting officer believes the',
44478:'totalof these payments will not exceed the amount to which the contractor will be entitled. 2 if the total payments',
44479:'exceed the amount finally determined to be due, the contractor shall repay the excess to thegovernment upon demand, together with',
44480:'interestcomputed atthe rateestablished by the secretary of the treasury under 50 u.s.c. app.1215b2. interest shall be computed for the period',
44481:'from the date the excess payment is received by the contractorto the date theexcess is repaid. interest shall not be',
44482:'chargedon any excess payment dueto a reduction in the contractor’s termination settlement proposalbecause of retention or other disposition oftermination inventory',
44483:'until 10 days after thedate of the retention ordisposition, or a later date determined by the contractingofficer because of the',
44484:'circumstances. n unless otherwise provided in this contract or by statute, the contractor shall maintain all records and documents relating',
44485:'to the terminated portion of this contract for 3 years after final settlement. this includes all books and other evidence',
44486:'bearingon the contractor’s costs and expensesunder this contract. the contractor shall make these records and documents available to the government,',
44487:'at thecontractor’s office, at all reasonable times, without any direct charge. ifapproved bythe contracting officer, photographs,microphotographs, orother authentic reproductions may',
44488:'bemaintained instead of original records and documents. end of clause alternate i sept 1996. if the contract is for construction,',
44489:'substitute the following paragraph g for paragraph g of the basic clause: g if the contractor and contracting officer fail',
44490:'toagreeon the wholeamount to be paid the contractor because of thetermination of work, the contractingofficer shall pay the contractor the',
44491:'amounts determined asfollows, but without duplication of any amounts agreed upon under paragraph f of this clause: 1 for contractworkperformed',
44492:'before the effectivedate of termination,the total without duplication of any items of i the cost of this work; ii the',
44493:'cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminatedportion of the',
44494:'contractif notincluded insubdivisiong1i ofthisclause; and iii a sum, as profit on subdivision g1i of this clause, determined by the contracting',
44495:'officer under 49.202 of thefederal acquisition regulation, in effecton the dateof this contract,to befair and reasonable; however, ifitappears that thecontractor',
44496:'wouldhavesustained a loss onthe entire contract had it been completed,the contracting officershallallow no profit under this subdivision g1iii and shall',
44497:'reduce the settlement to reflect the indicated rate of loss. 2 the reasonable costs of settlement of the work terminated,',
44498:'including i accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data;',
44499:'ii the termination and settlement of subcontracts excluding the amounts of such settlements; and iii storage, transportation, and other costs',
44500:'incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory. 52.2537 52.2493 federal acquisition regulation alternate ii',
44501:'sept 1996. if the contract is with an agency of the u.s. government or with state, local, or foreign governments',
44502:'or their agencies, and ifthe contracting officerdeterminesthat the requirement to pay interest on excess partial payments is inappropriate, delete paragraph',
44503:'m2 of the basic clause. alternate iii sept 1996. if the contract is for construction and with an agency of',
44504:'the u.s. government or with state, local, or foreign governments or their agencies, substitute the following paragraph g for paragraph',
44505:'g of the basic clause. paragraphm2 may be deleted from the basicclause if the contracting officer determines thatthe requirement topay',
44506:'interest on excess partial payments is inappropriate. g if the contractor and contracting officer fail toagreeon the wholeamount to be',
44507:'paid the contractor because of thetermination of work, the contractingofficer shall pay the contractor the amounts determined asfollows, but without',
44508:'duplication of any amounts agreed upon under paragraph f of this clause: 1 for contractworkperformed before the effectivedate of termination,the',
44509:'total without duplication of any items of i the cost of this work; ii the cost of settling and paying',
44510:'termination settlement proposals under terminated subcontracts that are properly chargeable to the terminatedportion of the contractif notincluded insubdivisiong1i ofthisclause; and',
44511:'iii a sum, as profit on subdivision g1i of this clause, determined by the contracting officer under 49.202 of thefederal',
44512:'acquisition regulation, in effecton the dateof this contract,to befair and reasonable; however, ifitappears that thecontractor wouldhavesustained a loss onthe entire',
44513:'contract had it been completed,the contracting officershallallow no profit under this subdivisioniii and shall reduce the settlement to reflect the',
44514:'indicated rate of loss. 2 the reasonable costs of settlement of the work terminated, including i accounting, legal, clerical, and',
44515:'other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data; ii the termination and settlement of',
44516:'subcontracts excluding the amounts of such settlements; and iii storage, transportation, and other costs incurred, reasonably necessary for the preservation,',
44517:'protection, or disposition of the termination inventory. 52.2493termination forconvenience of the government dismantling, demolition,or removal ofimprovements. as prescribed in 49.502b2,',
44518:'insert the following clause: termination for convenience of the government dismantling, demolition, or removal of improvements apr 2012 a thegovernment',
44519:'may terminate performance ofwork under this contract, inwhole or,from time totime, in part ifthe contracting officerdeterminesthat a termination is in',
44520:'the government’sinterest. the contracting officer shall terminate by delivering to thecontractor a notice of terminationspecifying the extent of terminationand the',
44521:'effectivedate. upon receipt of the notice, if title to property is vested in the contractor under this contract, it shall',
44522:'revest in the government regardless of any other clause of this contract, except for property that the contractor disposed of',
44523:'by bona fide sale or removed from the site. b afterreceipt of a notice of termination, and except as directed',
44524:'by the contractingofficer, the contractor shall immediately proceed with the following obligations, regardless of delay in determining or adjusting any',
44525:'amounts due under this clause: 1 stop work as specified in the notice. 2 place no further subcontracts or orders',
44526:'referred to as subcontracts in this clause for materials, services, or facilities, except as necessary to complete the continued portion',
44527:'of the contract. 3 terminate all subcontracts tothe extent they relate tothe work terminated. 4 assign to the government, asdirected',
44528:'bythe contracting officer, all right, title, and interestof the contractor under the subcontracts terminated, in which case the government shall',
44529:'have the right to settle or to pay any termination settlement proposal arising out of those terminations. 5 with approval',
44530:'or ratification to the extentrequired by the contracting officer, settle all outstanding liabilities and termination settlement proposals arising from the',
44531:'termination of subcontracts; the approval or ratification will be final for purposes of this clause. 6 asdirected bythe contracting officer,',
44532:'transfer title and deliver to the government i the fabricated or unfabricated parts, work in process, completed work, supplies, and',
44533:'other material produced or acquired for the work terminated; and 52.2538 subpart 52.2 text of provisions and clauses 52.2493 ii',
44534:'the completed or partially completed plans, drawings, information, and other property that, if the contract has been completed, would be',
44535:'required to be furnished to the government. 7 complete performance of the work not terminated. 8 takeanyaction that maybe necessary,',
44536:'or that the contracting officer may direct, for the protection and preservation of the property related to this contract that',
44537:'is in the possession of the contractor and in which the government has or may acquire an interest. 9 use',
44538:'its best efforts to sell, as directed or authorizedby the contracting officer, any property ofthe types referred to in paragraph',
44539:'b6of this clause; provided,however,that the contractoriis not required toextend creditto any purchaser and ii may acquirethe property underthe conditions prescribed',
44540:'by, and at pricesapproved by, thecontracting officer. the proceeds of any transfer or disposition will be applied to reduce any',
44541:'payments to be made by the government under this contract, creditedto the price or cost of the work, or paid',
44542:'in any other manner directed by the contractingofficer. c thecontractor shall submit complete termination inventory schedules no laterthan 120days from',
44543:'the effectivedate of termination, unless extended in writing by the contracting officer upon written request of the contractor within this',
44544:'120day period. d after expiration of the plant clearance period as defined in subpart 49.001 of the federal acquisition regulation,',
44545:'thecontractor maysubmit to the contracting officer a list, certified as toquantity and quality, of terminationinventorynot previouslydisposed of, excluding items authorized',
44546:'for disposition by the contracting officer. the contractor may request thegovernment to remove those items or enter into anagreement for',
44547:'their storage. within 15 days,the government will accept title to thoseitems and remove themor enter into a storage agreement. the',
44548:'contractingofficer may verify thelist uponremoval of the items, or if stored, within45 days from submissionof the list, and shall correctthe',
44549:'list, asnecessary, before final settlement. e after termination, the contractorshallsubmit a final terminationsettlement proposal tothe contracting officerin the form and',
44550:'with the certification prescribedby the contracting officer. the contractor shall submitthe proposal promptly, but nolater than 1 year fromthe effective',
44551:'date of termination, unless extended in writing by the contracting officer upon written request of the contractorwithin this 1year period.',
44552:'however, if the contracting officer determines that the facts justify it, a termination settlement proposal may be received and acted',
44553:'on after 1 year or any extension. if the contractor fails to submit the proposal within the time allowed, the',
44554:'contractingofficer may determine, on thebasis of information available, theamount, if any, due the contractor because of the termination and shall',
44555:'pay the amount determined. f subject to paragraph e ofthisclause, the contractorandthe contracting officermay agree upon the whole or any',
44556:'part of the amount to be paid because of the termination. the amount may include a reasonable allowance for profit',
44557:'on work done. however, the agreed amount, whether under this paragraph f orparagraph g ofthisclause, exclusive ofsettlement costs, may not',
44558:'exceed the total contract price as reduced by 1 the amount of payments previously made and 2 the contract price',
44559:'of work not terminated. the contract shall be amended and the contractor paid the agreed amount. paragraph g of this',
44560:'clause shall not limit, restrict,or affect the amountthat may be agreed upon to be paid underthisparagraph. g if the contractor',
44561:'and the contracting officer failto agree on the whole amount to be paid because of the termination of work, the',
44562:'contractingofficer shall pay the contractor the amounts determined bythe contracting officeras follows, but without duplication of any amounts agreed on',
44563:'under paragraph f of this clause: 1 for contractworkperformed before the effectivedate of termination,the total without duplication of any items',
44564:'of i the cost of this work; ii the cost of settling and paying termination settlement proposals under terminated subcontracts',
44565:'that are properly chargeable to the terminatedportion of the contract, if not included in subdivision g1i of this clause; and',
44566:'iii a sum, as profit on subdivision g1i of this clause, determined by the contracting officer under section 49.202 of',
44567:'the federal acquisitionregulation,in effect on the date of this contract, to be fair and reasonable; however, if it appears that',
44568:'the contractor would have sustained aloss on the entire contract had it been completed, the contractingofficer shall allow no profit',
44569:'under this subdivisioniii and shall reduce the amount of the settlement to reflect the indicated rate of loss. 2 the',
44570:'reasonable costs of settlement of the work terminated, including i accounting, legal, clerical, and other expenses reasonably necessary for the',
44571:'preparation of termination settlement proposals and supporting data; ii the termination and settlement of subcontracts excluding the amounts of such',
44572:'settlements; and iii preservation and protection of property under paragraph b8 of this clause. 52.2539 52.2494 federal acquisition regulation h',
44573:'except for normal spoilage, and except to the extent that the government expressly assumed the risk of loss, the contracting',
44574:'officershallexclude from theamountspayable to the contractor underparagraph g ofthis clause, the fair value, as determined bythe contracting officer, for theloss',
44575:'of the government property. i the cost principles and procedures of part 31ofthefederalacquisitionregulation,ineffectonthedateofthis contract, shall govern all costs claimed, agreed',
44576:'to, or determined under this clause. j the contractor shall have the right of appeal, under the disputes clause, from',
44577:'any determination made by the contracting officerunder paragraph e, g, or l of this clause, except that ifthe contractor failed',
44578:'to submit the termination settlement proposal within the time provided in paragraph e or l and failed to request a',
44579:'time extension, there is no right of appeal. if the contractingofficer has made a determination of the amount due under',
44580:'paragraph e, g,or l ofthisclause, the government shall pay the contractor 1 the amount determined by the contracting officer, ifthere',
44581:'is no right ofappealor if notimely appeal has been taken; or 2 the amount finally determined on an appeal. k',
44582:'in arriving at the amount due the contractor under this clause, there shall be deducted 1 all unliquidated advance or',
44583:'other payments to the contractor under the terminated portion of this contract; 2 any claim which the government has against',
44584:'the contractor under this contract; and 3 the agreed price for, or the proceeds of saleof, materials, supplies, or other',
44585:'things acquired by thecontractor or sold under the provisions of this clause and not recovered by or credited to the',
44586:'government. lif the termination is partial, the contractor may filea proposal with the contracting officer for an equitable adjustment of',
44587:'the prices of the continued portion ofthe contract. the contracting officer shall makeanyequitable adjustmentagreed upon. any proposal by the contractor',
44588:'for an equitable adjustment under this clause shall be requested within 90 days from theeffective date oftermination unless extended in',
44589:'writing bythe contracting officer. m 1thegovernmentmay,underthetermsandconditionsitprescribes,makepartialpaymentsandpaymentsagainst cost incurred by the contractor for the terminated portion ofthe contract, if the contracting',
44590:'officer believes the total of these payments will not exceed the amount to which the contractor will be entitled. 2',
44591:'if the total payments exceed the amount finally determined to be due, the contractor shall repay the excess to thegovernment',
44592:'upon demand, together with interestcomputed atthe rateestablished by the secretary of the treasury under 50 u.s.c.app 1215b2. interest shall be',
44593:'computed for the period from the date the excess payment is received by thecontractor to thedate the excessis repaid. interest',
44594:'shall not becharged onany excess payment due to a reduction in thecontractor’s terminationsettlement proposal because ofretention or other disposition of',
44595:'termination inventory until 10 days after thedate of the retention ordisposition, or a later date determined by the contractingofficer because',
44596:'of the circumstances. n unless otherwise provided in this contract or by statute, the contractor shall maintain all records and',
44597:'documents relating to the terminated portion of this contract for 3 years after final settlement. this includes all books and',
44598:'other evidence bearingon the contractor’s costs and expensesunder this contract. the contractor shall make these records and documents available to',
44599:'the government, at thecontractor’s office, at all reasonable times, without any direct charge. ifapproved bythe contracting officer, photographs,microphotographs, orother authentic',
44600:'reproductions may bemaintained instead of original records and documents. end of clause alternate i sept1996. if the contract is with',
44601:'an agency of the u.s. government or with state, local, or foreign governments or their agencies, and ifthe contracting officerdeterminesthat',
44602:'therequirementto pay interest on excess partial payments is inappropriate, delete paragraph m2 from the basic clause. 52.2494termination forconvenience of the',
44603:'government services short form. as prescribed in 49.502c, insert the following clause in solicitations and contracts for services, regardless of',
44604:'value, when a fixedprice contract is contemplated andthe contracting officerdeterminesthat because ofthe kind of services required, the successful offeror willnot',
44605:'incur substantialcharges in preparationforand in carryingout the contract, and would, if terminated for the convenience of the government, limit termination',
44606:'settlementcharges to servicesrendered before the date of termination: termination for convenience of the government services short form apr 1984 52.2540',
44607:'subpart 52.2 text of provisions and clauses 52.2495 the contracting officer, bywritten notice, may terminate this contract, inwhole or in',
44608:'part, when it is in thegovernment’s interest. if this contract is terminated, the government shall be liable only for payment',
44609:'under the payment provisions of this contract for services rendered before the effective date of termination. end of clause 52.2495termination',
44610:'forconvenience of the government educational and other nonprofit institutions. as prescribed in 49.502d, insert the following clause: termination for convenience',
44611:'of the government educational and other nonprofit institutions aug 2016 a thegovernment may terminate performance ofwork under this contract in',
44612:'whole or, fromtime to time, in part if the contracting officerdeterminesthat a termination is in the government’sinterest. the contracting officer',
44613:'shall terminate by delivering to thecontractor a notice of terminationspecifying the extent of terminationand the effectivedate. b afterreceipt of a',
44614:'notice of termination and except as directed by the contracting officer, the contractor shall immediately proceed with the following obligations:',
44615:'1 stop work as specified in the notice. 2 place no further subcontracts or orders referred to as subcontracts in',
44616:'this clause, except as necessary to complete the continued portion of the contract. 3 terminate all applicable subcontracts and cancel',
44617:'or divert applicable commitments covering personal services that extend beyond the effective date of termination. 4 assign to the government,',
44618:'asdirected bythe contracting officer, all right, title, and interestof the contractor under the subcontracts terminated, in which case the government',
44619:'shall have the right to settle or pay any termination settlement proposal arising out of those terminations. 5 with approval',
44620:'or ratification to the extentrequired by the contracting officer, settle all outstanding liabilities and termination settlement proposals arising from the',
44621:'termination of subcontracts; approval or ratification will be final for purposes of this clause. 6 transfer title ifnot alreadytransferred and,as',
44622:'directedby the contracting officer, deliver to the government any information and items that, if the contract had been completed, would',
44623:'have been required to be furnished, including i materials or equipment produced, in process, or acquired for the work terminated;',
44624:'and ii completed or partially completed plans, drawings, and information. 7 complete performance of the work not terminated. 8 takeanyaction',
44625:'that maybe necessary, or that the contracting officer may direct, for the protection and preservation of the property related to',
44626:'this contract that is in the possession of the contractor and in which the government has or may acquire an',
44627:'interest. 9 use its best efforts to sell, as directed or authorizedby the contracting officer, termination inventory other than that',
44628:'retained by the government under paragraph b6 of this clause; provided, however, that the contractor iis not required to extend',
44629:'credit to any purchaser and ii may acquire the property under the conditions prescribedby, and at prices approved by, the',
44630:'contracting officer. the proceeds of any transfer or disposition will be appliedto reduce any payments to be made by the',
44631:'government under this contract, credited to the price or cost of the work, or paid in any other manner directed',
44632:'by the contracting officer. c thecontractor shall submit complete termination inventory schedules no laterthan 120days from the effectivedate of termination,',
44633:'unless extended in writing by the contracting officer upon written request of the contractor within this 120day period. d aftertermination,',
44634:'the contractor shall submit afinal termination settlement proposal to the contracting officer in the form and with the certification prescribedby',
44635:'the contracting officer. the contractor shall submitthe proposal promptly but no later than 1yearfrom the effective dateof termination unless extended',
44636:'in writingby the contracting officer upon written request of the contractor within this 1year period. if the contractor fails to',
44637:'submit the termination settlement proposal within thetime allowed, the contracting officer maydetermine, on the basis of information available, theamount, if',
44638:'any, due the contractor because of the termination and shall pay the amount determined. e subject to paragraph d of',
44639:'thisclause, thecontractor andthe contracting officermay agree upon the whole or any part ofthe amount to be paid because of the',
44640:'termination. this amountmay includereasonable cancellation charges incurred 52.2541 52.2496 federal acquisition regulation by the contractor and any reasonable loss on',
44641:'outstanding commitments for personal services that the contractor is unable to cancel; provided, that the contractor exercised reasonable diligence in',
44642:'diverting such commitments to other operations. the contract shall be amended and the contractor paid the agreed amount. f the',
44643:'cost principles and procedures in subpart 31.3ofthefederalacquisitionregulationfar,contractswith educational institutions defined as institutions of higher education in the omb uniform guidance',
44644:'in 2 cfr part 200, subpart a, and 20 u.s.c. 1001,as in effect on the date of the contract,shallgovern allcosts',
44645:'claimed, agreedto, or determined under this clause; however, ifthe contractor is not an educational institution and is a nonprofit organization',
44646:'as defined in the omb uniform guidance at 2 cfr part 200, the cost principles and procedures in subpart 31.7',
44647:'of the far,contracts with nonprofitorganizations, shall apply; unless the contractor is a nonprofit institution listed in theomb uniform guidance at',
44648:'2 cfr part 200, appendix viii, as exempted from the cost principles in subpart e, in which case the cost',
44649:'principles at far 31.2 for commercial organizations shall applyto suchcontractor. g the government may, underthe terms and conditions it prescribes,',
44650:'make partial payments against costs incurred by thecontractor for the terminatedportion of this contract, if the contracting officer believes the',
44651:'total ofthese payments will not exceed the amount to which the contractor will be entitled. h the contractor has the',
44652:'right of appeal as provided under the disputes clause, except that if the contractor failed to submit the termination settlement',
44653:'proposal within the time provided in paragraph d of this clause and failed to request a time extension, there is',
44654:'no right of appeal. end of clause 52.2496termination costreimbursement. as prescribed in 49.503a1, insert the following clause: termination costreimbursement may',
44655:'2004 a thegovernment may terminate performance ofwork under this contract in whole or, fromtime to time, in part, if 1',
44656:'the contracting officer determines that a termination is inthe government’s interest;or 2 the contractor defaults in performing this contract and',
44657:'fails to cure the default within 10 days unless extended by the contractingofficer after receiving anotice specifying the default. default',
44658:'includes failure to make progress inthe work so as to endanger performance. b the contracting officer shall terminate by delivering',
44659:'to the contractor a notice of termination specifying whether terminationis for default of thecontractor or for convenienceof the government, the',
44660:'extent of termination, andthe effective date. if,after termination for default, it is determinedthat the contractorwas not in defaultor that the',
44661:'contractor’s failure to perform or to make progress in performance is due to causes beyond the control and without the',
44662:'fault or negligence of the contractor as set forth in the excusable delays clause, the rights and obligations of the',
44663:'parties will be the same as if the termination was for the convenience of the government. c after receipt of',
44664:'a notice of termination, and except asdirected bythe contracting officer, thecontractor shall immediately proceed with the following obligations, regardless of',
44665:'any delay in determining or adjusting any amounts due under this clause: 1 stop work as specified in the notice.',
44666:'2 place no further subcontracts or orders referred to as subcontracts in this clause, except as necessary to complete the',
44667:'continued portion of the contract. 3 terminate all subcontracts tothe extent they relate tothe work terminated. 4 assign to the',
44668:'government, asdirected bythe contracting officer, all right, title, and interestof the contractor under the subcontracts terminated, in which case the',
44669:'government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations. 5',
44670:'with approval or ratification to the extentrequired by the contracting officer, settle all outstanding liabilities and termination settlement proposals arising',
44671:'from the termination of subcontracts, the cost of which would be reimbursable in whole or in part, under this contract;',
44672:'approval or ratification will be final for purposes of this clause. 6 transfer title ifnot alreadytransferred and,as directedby the contracting',
44673:'officer, deliver to the government i the fabricated or unfabricated parts, work in process, completed work, supplies, and other material',
44674:'produced or acquired for the work terminated; 52.2542 subpart 52.2 text of provisions and clauses 52.2496 ii the completed or',
44675:'partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be',
44676:'furnished to the government; and iii the jigs, dies, fixtures, and other special tools and tooling acquired or manufactured for',
44677:'this contract, the cost of which the contractor has been or will be reimbursed under this contract. 7 complete performance',
44678:'of the work not terminated. 8 takeanyaction that maybe necessary, or that the contracting officer may direct, for the protection',
44679:'and preservation of the property related to this contract that is in the possession of the contractor and in which',
44680:'the government has or may acquire an interest. 9 use its best efforts to sell, as directed or authorizedby the',
44681:'contracting officer, any property ofthe types referred to in paragraph c6 of this clause; provided, however, that the contractor iis',
44682:'not required to extend credit to any purchaser and ii may acquirethe property underthe conditions prescribed by, and at pricesapproved',
44683:'by, thecontracting officer. the proceeds of any transfer or disposition will be applied to reduce any payments to be made',
44684:'by the government under this contract, creditedto the price or cost of the work, or paid in any other manner',
44685:'directed by the contractingofficer. d the contractor shall submit completetermination inventory schedulesno later than 120 days fromthe effective date of',
44686:'termination, unless extended in writing by the contracting officer upon written request of the contractor within this 120day period. e',
44687:'after expiration of the plant clearance period as defined in subpart 49.001 of the federal acquisition regulation, thecontractor maysubmit to',
44688:'the contracting officer a list, certified as toquantity and quality, of terminationinventorynot previouslydisposed of, excluding items authorized for disposition by',
44689:'the contracting officer. the contractor may requestthe government to remove those items or enter into an agreementfortheir storage. within15 days,',
44690:'thegovernment will accept theitems and remove themor enter into a storage agreement. the contractingofficer may verify thelist uponremoval of the',
44691:'items, or if stored, within 45 days from submission of thelist, and shall correct the list,as necessary, before finalsettlement. f',
44692:'after termination, thecontractor shall submit afinal termination settlement proposal to the contracting officer in the form and with the certification',
44693:'prescribedby the contracting officer. the contractor shall submitthe proposal promptly, but nolater than 1 year fromthe effective date of termination,',
44694:'unless extended in writing by the contracting officer upon written request of the contractorwithin this 1year period. however, if the',
44695:'contracting officer determines that the facts justify it, a termination settlement proposal may be received and acted on after 1',
44696:'year or any extension. if the contractor fails to submit the proposal within the time allowed, the contractingofficer may determine,',
44697:'on thebasis of information available, theamount, if any, due the contractor because of the termination and shall pay the amount',
44698:'determined. g subjectto paragraph f of this clause, the contractor and the contracting officer mayagreeon the wholeor any part of',
44699:'the amount to be paid including an allowance for fee because of the termination. the contract shall be amended, and',
44700:'the contractor paid the agreed amount. h if the contractor and the contracting officer failto agree in whole or in',
44701:'part on the amount ofcosts and/orfee tobe paid becauseof the termination of work, the contracting officer shall determine, onthe basis',
44702:'ofinformationavailable, the amount,if any, due the contractor, and shall pay that amount, which shall include thefollowing: 1 all costs reimbursable',
44703:'under this contract, not previously paid, for the performance of this contract before the effective date of thetermination, and thosecosts',
44704:'thatmay continue for a reasonable time with the approval of or asdirected by the contractingofficer; however, the contractor shall discontinue',
44705:'those costs asrapidly as practicable. 2 the cost of settling and paying termination settlement proposals under terminated subcontracts that are',
44706:'properly chargeable to the terminatedportion of the contractif notincluded inparagraph h1of this clause. 3 the reasonable costs of settlement of',
44707:'the work terminated, including i accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals',
44708:'and supporting data; ii the termination and settlement of subcontracts excluding the amounts of such settlements; and iii storage, transportation,',
44709:'and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory. ifthe terminationis for default,no',
44710:'amounts for the preparation of the contractor’s termination settlement proposal may be included. 4 a portion of the fee payable',
44711:'under the contract, determined as follows: i if the contract is terminated for the convenience of the government, the settlement',
44712:'shall include a percentage of the fee equal to the percentage of completion ofworkcontemplated under the contract, but excluding subcontract',
44713:'effort included in subcontractors’ termination proposals, less previous payments for fee. 52.2543 52.2496 federal acquisition regulation ii if the contract',
44714:'is terminated for default, the total fee payable shall be such proportionate part of the fee as the total number',
44715:'of articles or amount of services delivered to and accepted by the government is to the total number of articles',
44716:'or amount of services of a like kind required by the contract. 5 if the settlement includes only fee, it',
44717:'will be determined under paragraph h4 of this clause. i the cost principles and procedures in part 31ofthefederalacquisitionregulation,ineffectonthedateofthis contract, shall',
44718:'govern all costs claimed, agreed to, or determined under this clause. j the contractor shall have the right of appeal,',
44719:'under the disputes clause, from any determination made by the contracting officerunder paragraph f, h,or l ofthisclause, except that if',
44720:'the contractor failed tosubmit thetermination settlement proposal within the time provided in paragraph f and failed to request a time',
44721:'extension, there is no right of appeal. if the contractingofficer has made a determination of the amount due under paragraph',
44722:'f,hor l ofthisclause, the government shall pay the contractor 1 the amount determined by the contracting officer if there isno',
44723:'right of appeal or if no timelyappealhas been taken; or 2 the amount finally determined on an appeal. k in',
44724:'arriving at the amount due the contractor under this clause, there shall be deducted 1 all unliquidated advance or other',
44725:'payments to the contractor, under the terminated portion ofthis contract; 2 any claim which the government has against the contractor',
44726:'under this contract; and 3 the agreed price for, or the proceeds of saleof materials, supplies, or other thingsacquired by',
44727:'the contractoror sold under this clause and not recovered by or credited to the government. lthe contractorand contractingofficer must agree',
44728:'toanyequitable adjustmentin feeforthe continued portionof the contract when there is a partial termination. the contracting officer shall amendthe contract toreflect',
44729:'the agreement. m 1thegovernmentmay,underthetermsandconditionsitprescribes,makepartialpaymentsandpaymentsagainst costs incurred by the contractor for the terminated portion of thecontract, if the contracting officer believes',
44730:'the totalof these payments will not exceed the amount to which the contractor will be entitled. 2 if the total',
44731:'payments exceed the amount finally determined to be due, the contractor shall repay the excess to thegovernment upon demand, together',
44732:'with interestcomputed atthe rateestablished by the secretary of the treasury under 50 u.s.c. app.1215b2. interest shall be computed for the',
44733:'period from the date the excess payment is received by the contractorto the date theexcess is repaid. interest shall not',
44734:'be chargedon any excess payment dueto a reduction in the contractor’s termination settlement proposalbecause of retention or other disposition oftermination',
44735:'inventory until 10 days after thedate of the retention ordisposition, or a later date determined by the contractingofficer because of',
44736:'the circumstances. n the provisions of this clause relating to fee are inapplicable if this contract does not include a',
44737:'fee. end of clause alternate i sept1996. if the contract is for construction, substitute the following paragraph h4 for paragraph',
44738:'h4 of the basic clause: 4 a portion of the fee payable under the contract determined as follows: i if',
44739:'the contract is terminated for the convenience of the government, the settlement shall include a percentage of the fee equal',
44740:'to the percentage of completion ofworkcontemplated under the contract, but excluding subcontract effort included in subcontractors’ termination settlement proposals, less',
44741:'previous payments for fee. ii if the contract is terminated for default, the total fee payable shall be such proportionate',
44742:'part of the fee as the actual work in place is to the total work in place required by the',
44743:'contract. alternate ii sept1996. if the contract is with an agency of the u.s. government or with state, local, or',
44744:'foreign governments or their agencies, and ifthe contracting officerdeterminesthat therequirementto pay interest on excess partial payments is inappropriate, delete paragraph',
44745:'m2 from the basic clause. alternate iii sept1996. if the contract is for construction with an agency of the u.s.',
44746:'government or with state, local, or foreign governments or their agencies, the following paragraph h4 shall be substituted for paragraph',
44747:'h4 of the basic clause. paragraph m2 maybe deleted from the basic clause ifthe contracting officer determines that therequirementto pay',
44748:'interest on excess partial payments is inappropriate. 4 a portion of the fee payable under the contract determined as follows:',
44749:'52.2544 subpart 52.2 text of provisions and clauses 52.2496 i if the contract is terminated for the convenience of the',
44750:'government, the settlement shall include a percentage of the fee equal to the percentage of completion ofworkcontemplated under the contract,',
44751:'but excluding subcontract effort included in subcontractors’ termination settlement proposals, less previous payments for fee. ii if the contract is',
44752:'terminated for default, the total fee payable shall be such proportionate part of the fee as the actual work in',
44753:'place is to the total work in place required by the contract. alternate iv sept1996. if the contract is a',
44754:'timeandmaterial or laborhour contract, substitute the following paragraphs h and l for paragraphs h and l of the basic clause:',
44755:'h if the contractor and the contracting officer failto agree in whole or in part on the amount to be',
44756:'paidbecause of the terminationof work, the contracting officer shall determine, on the basis of information available, the amount, if any,',
44757:'due the contractor and shall pay the amount determined as follows: 1 if the termination is for the convenience of',
44758:'the government, include i an amount for direct labor hours as defined in the schedule of the contract determined by',
44759:'multiplying the number ofdirect labor hours expended before the effective date of termination by the hourly ratesin the schedule,less any',
44760:'hourly rate payments already made to the contractor; ii an amount computed under the provisions for payment of materials for',
44761:'material expenses incurred before the effective date of termination, not previously paid to the contractor; iii an amount for labor',
44762:'and material expenses computed as if the expenseswere incurred before the effective date of termination, if theyare reasonably incurred after',
44763:'the effective date, with the approvalof or as directed by the contracting officer; however, the contractor shall discontinue these expenses',
44764:'as rapidly as practicable; iv if not included in subdivision h1i, ii, or iii of this clause, the cost of',
44765:'settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminatedportion of the contract; and',
44766:'v the reasonable costs of settlement of the work terminated, including a accounting, legal, clerical, and other expenses reasonably necessary',
44767:'for the preparation of termination settlement proposals and supporting data; b the termination and settlement of subcontracts excluding the amounts',
44768:'of such settlements; and c storage, transportation, and other costs incurred, reasonably necessary for the protection or disposition of the',
44769:'terminationinventory. 2 if the termination is for default of the contractor, includethe amounts computed under paragraphh1 of this clause but',
44770:'omit iany amount for preparation ofthe contractor’stermination settlement proposal;and ii the portion of the hourly rate allocable to profit for',
44771:'any direct labor hours expended in furnishing materials and services not delivered to and accepted by the government. lif the',
44772:'termination is partial, the contractor may filewith the contracting officer a proposal for an equitable adjustment of prices for the',
44773:'continued portionof the contract. the contracting officer shall make any equitable adjustment agreed upon. any proposal by the contractor for',
44774:'an equitable adjustment under this clause shall be requested within 90 days from theeffective date oftermination, unless extended in writing',
44775:'by the contracting officer. alternate v sept1996. if the contract is a timeandmaterial or laborhour contract with an agency of',
44776:'the u.s. government or with state, local or foreign governments or their agencies, substitute the following paragraphs h and l',
44777:'for paragraphs h and l of thebasic clause. paragraph m2may be deleted from thebasic clause if the contractingofficer determines that',
44778:'the requirement to pay interest on excess partial payments is inappropriate. h if the contractor and the contracting officer failto',
44779:'agree in whole or in part on the amount to be paidbecause of the terminationof work, the contracting officer shall',
44780:'determine, on the basis of information available, the amount, if any, due the contractor and shall pay the amount determined',
44781:'as follows: 1 if the termination is for the convenience of the government, include i an amount for direct labor',
44782:'hours as defined in the schedule of the contract determined by multiplying the number ofdirect labor hours expended before the',
44783:'effective date of termination by the hourly ratesin the schedule,less any hourly rate payments already made to the contractor; ii',
44784:'an amount computed under the provisions for payment of materials for material expenses incurred before the effective date of termination,',
44785:'not previously paid to the contractor; iii an amount for labor and material expenses computed as if the expenseswere incurred',
44786:'before the effective date of termination ifthey are reasonablyincurred after theeffective date, with theapproval of or as directed by the',
44787:'contracting officer; however, the contractor shall discontinue these expenses as rapidly as practicable; 52.2545 52.2497 federal acquisition regulation iv if',
44788:'not included in subdivision h1i, ii, or iii of this clause, the cost of settling and paying termination settlement proposals',
44789:'under terminated subcontracts that are properly chargeable to the terminatedportion of the contract; and v the reasonable costs of settlement',
44790:'of the work terminated, including a accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement',
44791:'proposals and supporting data; b the termination and settlement of subcontracts excluding the amounts of such settlements; and c storage,',
44792:'transportation, and other costs incurred, reasonably necessary for the protection or disposition of the terminationinventory. 2 if the termination is',
44793:'for default of the contractor, includethe amounts computed under paragraphh1 of this clause but omit iany amount for preparation ofthe',
44794:'contractor’stermination settlement proposal;and ii the portion of the hourly rate allocable to profit for any direct labor hours expended in',
44795:'furnishing materials and services not delivered to and accepted by the government. lif the termination is partial, the contractor may',
44796:'filewith the contracting officer a proposal for an equitable adjustment of the prices for the continuedportion of the contract. the',
44797:'contractingofficer shall make any equitable adjustment agreed upon. any proposal by the contractor for an equitable adjustment under this clause',
44798:'shall be requested within 90 days from theeffective date oftermination, unless extended in writing by the contracting officer. 52.2497termination fixedprice',
44799:'architectengineer. as prescribed in 49.503b, insert the following clause in solicitations and contracts for architectengineer services when a fixedprice contract',
44800:'is contemplated: termination fixedprice architectengineer apr 1984 a thegovernment may terminate this contract in whole or, from time to time,',
44801:'inpart,forthe government’s convenience or becauseof the failure ofthe contractor tofulfill the contract obligations. the contracting officershallterminateby delivering to thecontractor a',
44802:'notice of terminationspecifying the nature, extent, and effective date of the termination. upon receipt of the notice, the contractor shall',
44803:'1 immediatelydiscontinue all services affected unless thenotice directs otherwise; and 2 deliverto thecontracting officer all data, drawings, specifications,reports, estimates, summaries,',
44804:'and other information and materials accumulated in performing this contract, whether completed or in process. b if the termination is',
44805:'for the convenience of the government, the contracting officer shall make an equitable adjustment in the contract price but shall',
44806:'allow no anticipated profit on unperformed services. c if the termination is for failure of the contractor to fulfill the',
44807:'contract obligations, the government may complete the work by contract or otherwise and the contractor shall be liable for any',
44808:'additional cost incurred by the government. d if, after termination for failure to fulfill contract obligations, it is determined that',
44809:'the contractor had not failed, the rights and obligations of the parties shall be the same as if the termination',
44810:'had been issued for the convenience of the government. e the rights and remedies of the government provided in this',
44811:'clause are in addition to any other rights and remedies provided by law or under this contract. end of clause',
44812:'52.2498 default fixedprice supply and service. as prescribed in 49.504a1, insert the following clause: default fixedprice supply and service apr',
44813:'1984 a 1thegovernmentmay,subjecttoparagraphscanddofthisclause,bywrittennoticeofdefaulttothe contractor, terminate thiscontract in whole orin part if thecontractor fails to i deliver the supplies or to',
44814:'perform the services within the time specified in this contract or any extension; ii make progress, so as to endanger',
44815:'performance of this contract but see paragraph a2 of this clause; or iii perform any of the other provisions of',
44816:'this contract but see paragraph a2 of this clause. 52.2546 subpart 52.2 text of provisions and clauses 52.2498 2 the',
44817:'government’s right to terminate this contractunder subdivisions a1iiand1iii ofthis clause, may be exercised if the contractor does not cure such',
44818:'failure within 10 days or more if authorized in writing by the contracting officerafter receipt of the notice fromthe contracting',
44819:'officerspecifying the failure. b if the government terminates this contract in whole or in part, it may acquire, under the',
44820:'terms and in the manner the contracting officerconsiders appropriate, supplies or servicessimilarto those terminated, and the contractorwill be liable to',
44821:'the government for any excess costs for those supplies or services. however, the contractor shall continuethe work not terminated. c',
44822:'except for defaultsof subcontractors at any tier, the contractor shall not be liable for any excess costs if thefailureto perform',
44823:'the contractarises fromcauses beyond the control and without the fault or negligence of the contractor. examplesof suchcauses include1acts of god',
44824:'orof the public enemy, 2 actsof the government in either its sovereign orcontractual capacity,3fires, 4 floods, 5 epidemics, 6 quarantine',
44825:'restrictions, 7 strikes, 8 freightembargoes, and9unusually severeweather. in eachinstance thefailureto perform must be beyond the controland without the fault or',
44826:'negligence ofthe contractor. d if the failure toperformis caused by the default of a subcontractor at any tier, and if',
44827:'the cause of thedefaultis beyond thecontrol ofboth the contractor and subcontractor, and without the faultor negligence of either, thecontractor shall',
44828:'not be liable for any excess costs for failure to perform, unless the subcontracted supplies or services were obtainable from',
44829:'other sources in sufficient timeforthe contractor tomeet therequired delivery schedule. e if this contract is terminated for default, the government',
44830:'may require the contractor to transfer title and deliver to thegovernment,as directedby the contracting officer, any 1 completed supplies, and',
44831:'2 partiallycompleted supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and contract rights collectively referred to as',
44832:'manufacturing materials in this clause that the contractor has specifically produced or acquired for the terminated portion of this contract.',
44833:'upon direction of thecontracting officer,the contractor shall also protect and preservepropertyin its possession in which the government has an interest.',
44834:'f the government shall pay contract price for completed supplies delivered and accepted. the contractor and contracting officershallagreeon the amount',
44835:'of paymentformanufacturing materials delivered and accepted and for the protection andpreservation of theproperty. failure to agree willbe a dispute underthe',
44836:'disputes clause. the government may withhold from these amounts any sumthe contracting officerdeterminesto benecessary toprotect the government against loss because',
44837:'of outstanding liens or claims of former lien holders. g if, after termination, it is determined that the contractor was',
44838:'not in default, or that the default was excusable, the rights and obligations of the parties shall be the same',
44839:'as if the termination had been issued for the convenience of the government. h the rights and remedies of the',
44840:'government in this clause are in addition to any other rights and remedies provided by law or under this contract.',
44841:'end of clause alternate i apr 1984. if the contract is for transportation or transportationrelated services, delete paragraph f of',
44842:'thebasic clause, redesignate the remaining paragraphs accordingly, and substitute the following paragraphsa and e for paragraphs a and e of',
44843:'the basic clause: a1the government may,subject to paragraphs c and d of thisclause, by written notice of default to the',
44844:'contractor, terminate this contract in whole or in part if the contractor fails to i pick up the commodities or',
44845:'to perform the services, including delivery services, within the time specified in this contract or any extension; ii make progress,',
44846:'so as to endanger performance of this contract but see paragraph a2 of this clause; or iii perform any of',
44847:'the other provisions of this contract but see paragraph a2 of this clause. 2 the government’s right to terminate this',
44848:'contractunder subdivisions a1iiandiii of thisclause, may be exercised if the contractor does not cure such failure within 10 days or',
44849:'more if authorized in writing by the contracting officerafter receipt of the notice fromthe contracting officerspecifying the failure. e if',
44850:'this contract is terminated while the contractor has possession of government goods, the contractor shall, upon direction of thecontracting officer,protect',
44851:'andpreserve the goods until surrendered to the government orits agent. the contractor and contracting officershallagreeon payment for the preservation and',
44852:'protection of goods. failure toagreeon an amount will be a dispute under the disputes clause. 52.2547 52.2499 federal acquisition regulation',
44853:'52.2499default fixedprice research anddevelopment. as prescribed in 49.504b, insert the following clause: default fixedprice research and development apr 1984 a',
44854:'1thegovernmentmay,subjecttoparagraphscanddofthisclause,bywrittennoticeofdefaulttothe contractor, terminate thiscontract in whole orin part if thecontractor fails to i perform the work under the contract within',
44855:'the time specified in this contract or any extension; ii prosecute the work so as to endanger performance of this',
44856:'contract but see paragraph a2 of this clause; or iii perform any of the other provisions of this contract but',
44857:'see paragraph a2 of this clause. 2 the government’s right to terminate this contractunder subdivisions a1iiandiii of thisclause may be',
44858:'exercised if the contractor does not cure such failure within 10 days or more, if authorized in writing by the',
44859:'contracting officerafter receipt of the notice fromthe contracting officerspecifying the failure. b if the government terminates this contract in whole',
44860:'or in part, it may acquire, under the terms and in the manner thecontracting officer considers appropriate, work similar to',
44861:'the work terminated, and the contractor willbe liableto the government for any excess costs for the similar work. however,the contractor',
44862:'shall continue the work not terminated. c except for defaultsof subcontractors at any tier, the contractor shall not be liable',
44863:'for any excess costs if thefailureto perform the contractarises fromcauses beyond the control and without the fault or negligence of',
44864:'the contractor. examplesof suchcauses include1acts of god orof the public enemy, 2 actsof the government in either its sovereign orcontractual',
44865:'capacity,3fires, 4 floods, 5 epidemics, 6 quarantine restrictions, 7 strikes, 8 freightembargoes, and9unusually severeweather. in eachinstance thefailureto perform must be',
44866:'beyond the controland without the fault or negligence ofthe contractor. d if the failure toperformis caused by the default of',
44867:'a subcontractor at any tier, and if the cause of thedefaultis beyond thecontrol ofboth the contractor and subcontractor, and without',
44868:'the faultor negligence of either, thecontractor shall not be liable for any excess costs for failure to perform, unless the',
44869:'subcontracted supplies or services were obtainable from other sources in sufficient timeforthe contractor tomeet therequired delivery schedule or otherperformance requirements.',
44870:'e if this contract is terminated for default, the government may require the contractor to transfer title and deliver to',
44871:'the government, as directed by the contractingofficer, any 1 completed orpartiallycompleted work not previously delivered to,andaccepted by, thegovernment and 2',
44872:'other property, includingcontract rights, specifically produced or acquired for theterminated portion of this contract. upon direction ofthe contracting officer, thecontractor',
44873:'shall also protect and preserve property in its possession in which the government has an interest. f the government shall',
44874:'pay the contract price, if separately stated, for completed work it has accepted and the amount agreed upon by the',
44875:'contractor and the contracting officer for 1 completed work for which no separate priceis stated,2 partially completed work, 3 other',
44876:'property described above that it accepts, and 4 the protection and preservation of the property. failure to agree will be',
44877:'a disputeunder thedisputes clause. thegovernment may withhold fromthese amounts any sum the contracting officer determines to be necessary to protect',
44878:'the government against loss from outstandingliensor claims of former lien holders. g if, after termination, it is determined that the',
44879:'contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be',
44880:'the same as if the termination had been issued for the convenience of the government. h the rights and remedies',
44881:'of the government in this clause are in addition to any other rights and remedies provided by law or under',
44882:'this contract. end of clause 52.24910 default fixedprice construction. as prescribed in 49.504c1, insert the following clause: default fixedprice construction',
44883:'apr 1984 a if the contractor refuses or fails to prosecute the work or any separable part, with the diligence',
44884:'that will insure its completion within the time specified in this contract including any extension, or fails to complete the',
44885:'work within this time, thegovernment may, bywritten notice to the contractor, terminate the right to proceed with theworkorthe separable part',
44886:'of the work that has been delayed. in this event, the government may take over the work and complete it',
44887:'by contract or 52.2548 subpart 52.2 text of provisions and clauses 52.24910 otherwise, and may take possession of and use',
44888:'any materials, appliances, and plant on the work site necessary for completing thework. the contractorand its sureties shall beliable for',
44889:'any damage tothe government resulting from thecontractor’s refusal or failure to complete thework within the specified time,whetheror not thecontractor’s right',
44890:'to proceed with the work is terminated. this liability includes any increased costs incurred by the government in completing the',
44891:'work. b the contractor’s right toproceed shall not beterminated nor thecontractor charged with damages under this clause, if 1 the',
44892:'delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the',
44893:'contractor. examples ofsuch causes include iacts of godor of thepublic enemy, iiacts of the government in either its sovereign or',
44894:'contractual capacity, iii acts of another contractor in the performance of a contract with the government, iv fires, v floods,',
44895:'vi epidemics, vii quarantine restrictions, viii strikes, ix freightembargoes, x unusually severe weather, or xi delays of subcontractors or suppliers',
44896:'at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the contractor',
44897:'and the subcontractors or suppliers; and 2 the contractor, within 10 days from the beginning of any delayunless extendedby the',
44898:'contracting officer, notifiesthe contracting officerin writingof the causes ofdelay. the contracting officer shall ascertain the facts and theextent of delay.',
44899:'if, in the judgment of the contracting officer, the findings offact warrant suchaction,the time for completing the work shall be',
44900:'extended. the findings of the contracting officer shall be final and conclusiveon the parties, but subject to appeal under the',
44901:'disputes clause. c if,after termination ofthe contractor’srightto proceed, it is determined thatthe contractor was not in default, or that the',
44902:'delay was excusable, the rights and obligations of the parties will be the same as if the termination had been',
44903:'issued for the convenience of the government. d the rights and remedies of the government in this clause are in',
44904:'addition to any other rights and remedies provided by law or under this contract. end of clause alternate i apr',
44905:'1984. if the contract is for dismantling, demolition, or removal of improvements, substitute the following paragraph a for paragraph a',
44906:'of the basic clause: a1 if the contractor refuses or fails to prosecute the work, or any separable part, with',
44907:'the diligence that will insure its completion within the time specified in this contract, including any extension, or fails to',
44908:'complete the work within this time, thegovernment may, bywritten notice to the contractor, terminate the right to proceed with theworkor',
44909:'the partof the work that has been delayed. in this event, the government may take over the work and complete',
44910:'it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work',
44911:'site necessary for completing the work. 2 if title to property is vested in the contractor under this contract, it',
44912:'shall revest in the government regardless of any other clause of this contract, except for property that the contractor has',
44913:'disposed of by bona fide sale or removed from the site. 3 the contractor and its sureties shall be liable',
44914:'for any damageto thegovernment resulting fromthe contractor’s refusal or failure to complete thework within the specified time,whetheror not thecontractor’s right',
44915:'to proceed with the work is terminated. this liability includes any increased costs incurred by the government in completing the',
44916:'work. alternate ii apr 1984. if the contract is to be awarded during a periodof national emergency, paragraphb1 below may',
44917:'be substituted for paragraph b1 of the basic clause: 1 the delay in completing the work arises from causes other',
44918:'than normal weather beyond the control and without the fault or negligence of the contractor. examples of such causes include',
44919:'iacts of godor of thepublic enemy, iiacts of the government in either its sovereign or contractual capacity, iii acts of',
44920:'another contractor in the performance of a contract with the government, 52.2549 52.24911 federal acquisition regulation iv fires, v floods,',
44921:'vi epidemics, vii quarantine restrictions, viii strikes, ix freightembargoes, x unusually severe weather, or xi delays of subcontractors or suppliers',
44922:'at any tier arising from causes other than normal weather beyond the control and without the fault or negligence of',
44923:'both the contractor and the subcontractors or suppliers; and alternate iii apr 1984. if the contract is for dismantling, demolition,',
44924:'or removal of improvements and is to be awarded during a period of national emergency, substitute the following paragraph a',
44925:'for paragraph a of the basicclause. the following paragraph b1 may be substituted for paragraph b1 of the basic clause:',
44926:'a1 if the contractor refuses or fails to prosecute the work, or any separable part, with the diligence that will',
44927:'insure its completion within the time specified in this contract, including any extension, or fails to complete the work within',
44928:'this time, thegovernment may, bywritten notice to the contractor, terminate the right to proceed with theworkor the partof the work',
44929:'that has been delayed. in this event, the government may take over the work and complete it by contract or',
44930:'otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing',
44931:'the work. 2 if title to property is vested in the contractor under this contract, it shall revest in the',
44932:'government regardless of any other clause of this contract, except for property that the contractor has disposed of by bona',
44933:'fide sale or removed from the site. 3 the contractor and its sureties shall be liable for any damageto thegovernment',
44934:'resulting fromthe contractor’s refusal or failure to complete thework within the specified time,whetheror not thecontractor’s right to proceed with the',
44935:'work is terminated. this liability includes any increased costs incurred by the government in completing the work. b the contractor’s',
44936:'right toproceed shall not beterminated nor thecontractor charged with damages under this clause, if 1 the delay in completing the',
44937:'work arises from causes other than normal weather beyond the control and without the fault or negligence of the contractor.',
44938:'examples of such causes include iacts of godor of thepublic enemy, iiacts of the government in either its sovereign or',
44939:'contractual capacity, iii acts of another contractor in the performance of a contract with the government, iv fires, v floods,',
44940:'vi epidemics, vii quarantine restrictions, viii strikes, ix freightembargoes, x unusually severe weather, or xi delays of subcontractors or suppliers',
44941:'at any tier arising from causes other than normal weather beyond the control and without the fault or negligence of',
44942:'both the contractor and the subcontractors or suppliers; and 52.24911 [reserved] 52.24912 termination personalservices. as prescribed in 49.505a, insert the',
44943:'following clause in solicitations and contracts for personal services see part 37: termination personal services apr 1984 the government mayterminatethis',
44944:'contractat any time uponat least 15 days’ written notice by thecontracting officer to thecontractor. the contractor, with thewritten consent ofthe',
44945:'contracting officer, may terminate this contract upon atleast 15 days’ written notice to the contracting officer. end of clause 52.2550',
44946:'subpart 52.2 text of provisions and clauses 52.24914 52.24913 [reserved] 52.24914 excusable delays. as prescribed in 49.505b, insert the following',
44947:'clause in solicitations and contracts for supplies, services, construction, and research and development on a fee basis whenever a costreimbursement',
44948:'contract is contemplated. also insert the clause in timeandmaterial contracts, and laborhour contracts. when used in construction contracts, substitute the',
44949:'words completion time for delivery schedule in the last sentence of the clause. excusable delays apr 1984 a except for',
44950:'defaultsof subcontractors at any tier, the contractor shall not be in default because of any failure to perform this contract',
44951:'under its terms if the failure arises from causes beyond the control and without the fault or negligence of the',
44952:'contractor. examples ofthese causes are 1 acts of godor of thepublicenemy, 2 acts of the government in eitherits sovereign or',
44953:'contractual capacity, 3 fires,4floods, 5 epidemics,6quarantine restrictions, 7 strikes, 8 freight embargoes, and 9 unusually severe weather. in each instance,',
44954:'the failure toperformmust be beyond the control and without the fault or negligence of thecontractor. default includes failure to make',
44955:'progress inthe work so as to endanger performance. b if the failure to perform is caused by the failure of',
44956:'a subcontractor at any tier to perform or make progress, and if the cause of thefailurewas beyond the control of',
44957:'both the contractorand subcontractor, and withoutthe fault ornegligence of either, the contractor shall not be deemedto bein default,unless 1 the',
44958:'subcontracted supplies or services were obtainable from other sources; 2 the contracting officer ordered thecontractor in writing to purchasethese supplies',
44959:'or services from theother source; and 3 the contractor failed to complyreasonably with this order. c upon requestof the contractor,',
44960:'the contracting officer shall ascertain the factsand extent of thefailure. if the contracting officerdeterminesthat any failure to perform results from',
44961:'one or more of the causes above, the delivery schedule shall be revised, subject to the rights of the government',
44962:'under the termination clause of this contract. end of clause 52.2551 this page intentionally left blank. 52.2552 subpart 52.2 text',
44963:'of provisions and clauses 52.2501 52.250[reserved] 52.2501 indemnification under public law85804. as prescribed in 50.1044, insert the following clause: indemnification',
44964:'under public law 85804 apr 1984 a contractor’s principalofficials, asused inthis clause, means directors, officers, managers, superintendents, or other representatives',
44965:'supervising or directing 1 all orsubstantially all of the contractor’s business; 2 all orsubstantially all of the contractor’s operations at',
44966:'any one plant or separate location in which this contractis being performed; or 3 a separate and complete major industrial',
44967:'operation in connection with the performance of this contract. b under public law85804 50 u.s.c. 14311435 and executive order10789, as',
44968:'amended, and regardless of any other provisions of this contract, the government shall, subject to the limitations contained in the',
44969:'other paragraphs of this clause, indemnify the contractor against 1 claims including reasonable expenses of litigation or settlement by third',
44970:'persons including employees of the contractor for death; personal injury; or loss of, damage to, or loss of use of',
44971:'property; 2 loss of, damage to, or loss of use of contractor property, excluding loss ofprofit;and 3 loss of, damage',
44972:'to, or loss of use of governmentproperty, excluding lossof profit. c this indemnification applies only to the extent that the',
44973:'claim, loss, or damage 1 arises out of or results from a risk defined in this contract as unusually hazardous',
44974:'or nuclear and 2is not compensated for by insurance or otherwise. any such claim,loss, or damage,to theextent that it is',
44975:'within the deductible amounts ofthe contractor’sinsurance, isnot covered underthis clause. ifinsurance coverage or other financial protection in effect onthe date',
44976:'the approvingofficial authorizes use of this clause isreduced, the government’s liability under this clause shall not increase asa result. d',
44977:'when the claim, loss, or damage is caused by willful misconduct or lack of good faith on the part of',
44978:'any of the contractor’sprincipal officials, thecontractor shall not be indemnified for 1 government claims against the contractor other than those',
44979:'arising through subrogation; or 2 loss ordamage affecting the contractor’s property. e with the contractingofficer’s prior written approval, the contractormay,',
44980:'in any subcontractunder this contract, indemnify the subcontractor against any risk definedin this contract as unusually hazardous ornuclear. this indemnification',
44981:'shall provide, between the contractor and the subcontractor, the same rightsand duties, and the sameprovisionsfornotice, furnishing of evidence or proof,',
44982:'and government settlement or defense of claims as this clause provides. the contracting officer may also approve indemnification of subcontractors',
44983:'at any lower tier, under the same termsandconditions. the government shall indemnify the contractor against liability to subcontractors incurred under',
44984:'subcontract provisions approved by the contractingofficer. f the rights and obligations of theparties under this clauseshallsurvivethis contract’s termination, expiration,or completion.',
44985:'the government shall make no payment under this clause unless the agency head determines that the amount is just and',
44986:'reasonable. the government may pay the contractor or subcontractors, or may directly pay parties to whom the contractor or subcontractors',
44987:'may be liable. g the contractor shall 1 promptly notify the contracting officer of any claimor action against, or any',
44988:'loss by, the contractor or any subcontractors that may be reasonably be expected to involve indemnification under this clause; 2',
44989:'immediately furnish to the government copies of all pertinent papers the contractor receives; 3 furnish evidence or proof of any',
44990:'claim, loss, or damage covered by this clause in the manner and form the government requires; and 4 comply with',
44991:'thegovernment’s directions and execute any authorizations required in connection withsettlement or defense of claims or actions. h the government may',
44992:'direct, control, or assist in settling or defending any claim or action that may involve indemnification under this clause. end',
44993:'of clause 52.2553 52.2502 federal acquisition regulation alternate i apr 1984. in costreimbursement contracts, add the following paragraph i to',
44994:'the basic clause: i the cost of insurance including selfinsurance programs covering a risk defined in this contract as unusually',
44995:'hazardousor nuclearshallnot be reimbursedexceptto the extent that the contracting officer has requiredor approvedthis insurance. the government’s obligationsunder this clause are',
44996:'1 exceptedfrom the releaserequired under this contract’s clauserelatingto allowablecost;and 2 not affected by this contract’s limitation of costor limitation of',
44997:'funds clause. 52.2502 safety act coverage not applicable. as prescribed in 50.206a, insert the following provision: safety act coverage not',
44998:'applicable feb 2009 the government has determined that for purposes of this solicitation the products or services being acquired by',
44999:'this action are neither presumptively nor actually entitled to a predetermination that the products or services are qualified anti terrorism',
45000:'technologies as that term is definedby the support antiterrorism by fostering effectivetechnologies act of 2002 safety act, 6 u.s.c. 441444.',
45001:'this determination does not prevent sellers of technologies from applying for safety act protections in other contexts. proposals in which',
45002:'either acceptance or pricing is made contingent upon safety act designation as a qualified antiterrorism technology or safety act certification',
45003:'as an approved product for homeland security of the proposed product or service will not be considered for award. see',
45004:'federal acquisition regulation subpart 50.2. end of provision 52.2503 safety act block designation/certification. as prescribed in 50.206b1, insert the following',
45005:'provision: safety act block designation/certification feb 2009 a definitions. as used in this provision act of terrorism means any act',
45006:'determined to have met the following requirements or such other requirements as defined and specified by the secretary of homeland',
45007:'security: 1 is unlawful. 2 causes harm,including financial harm,to a person,property, or entity, in the united states, or in the',
45008:'case of a domestic united states air carrier or a united statesflag vessel or a vessel based principally in the',
45009:'united states on which united states income tax is paid and whose insurance coverage is subject to regulation in the',
45010:'united states, in or outside the united states. 3 uses or attempts to use instrumentalities, weapons or other methods designed',
45011:'or intended to cause mass destruction, injury or other loss to citizens or institutions of the united states. block certification',
45012:'means safety act certification of a technology class that the department of homeland security dhs has determined to be anapproved',
45013:'class of approved productsforhomeland security. block designation means safety act designation of a technology class that the dhs has determined',
45014:'to be a qualified antiterrorism technology qatt. qualified antiterrorism technology qatt means any technology designed, developed, modified, procured, or sold',
45015:'for the purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise',
45016:'cause,forwhich a safety act designation has been issued. for purposes of defining a qatt, technologymeans any product, equipment, service including',
45017:'support services, device, or technology including information technology or any combination of the foregoing. design services, consulting services, engineering services,',
45018:'software development services, software integration services, threat assessments, vulnerability studies, and other analyses relevant to homeland security may bedeemed a',
45019:'technology. safety act certification means a determination by dhs pursuant to 6 u.s.c. 442d, as further delineated in 6 cfr',
45020:'25.9, that a qatt for which a safety act designation has been issued isan approved product for homeland security, i.e.,',
45021:'it will perform as intended, conforms to the seller’s specifications, and issafe for use as intended. 52.2554 subpart 52.2 text',
45022:'of provisions and clauses 52.2503 safety act designation means a determination by dhs pursuant to 6 u.s.c. 441b and 6',
45023:'u.s.c. 443a, as further delineated in 6 cfr 25.4,that a particularantiterrorism technology constitutes a qatt under the safety act. b',
45024:'the support antiterrorism by fostering effectivetechnologies act of 2002 safety act, 6 u.s.c. 441444, creates certain liabilitylimitations for claims arising',
45025:'out of, relating to,or resulting from an act of terrorism where qatts have been deployed. it also confers other important',
45026:'benefits. safety act designation and safety act certification are designed tosupport effectivetechnologies aimed at preventing, detecting,identifying,or deterring acts ofterrorism, or',
45027:'limiting the harm that such acts might otherwise cause, and which also meet other prescribed criteria. for some classes of',
45028:'technologies, dhs may issue a block designation/certification in order to lessen the burdens for filing for safety act designation or',
45029:'safety act certifications by not requiring applicants to provide certain information otherwise required and in order to offer expeditedreview of',
45030:'any application submitted pursuantto a block designation/certification. block designations/certifications will be issued only for technologies that rely on established performance',
45031:'standards or defined technical characteristics. c 1 dhs has issued a block designation or block certification for the technology to',
45032:'be acquired under this solicitation. 2 this block designation or block certification is attached to this solicitation and contains essential',
45033:'information, including i a detailed description of and specification for the technology covered by the block designation or block certification;',
45034:'ii a listing of those portions of the safety act application kit that must be completed and submitted by applicants;',
45035:'iii the date of its expiration; and iv any other terms and conditions. 3 offerorsshouldread this blockdesignation orblock certification carefully',
45036:'to make sure they comply withits terms if they plan to take advantage of safety act coverage for their technologyies.',
45037:'d all determinations by dhs are based on factors set forth in the safety act and its implementing regulations. a',
45038:'determination by dhs to issue a safety act designation, or not to issue a safety act designation for a particular',
45039:'technology as a qattis not a determination thatthe technology meets,or fails tomeet, the requirements of any solicitation issued by any',
45040:'federal, state, local or tribal governments. determinations by dhs with respect to whether to issue a safety act designation for',
45041:'technologies submitted for dhs review are based on the factors identified in 6 cfr 25.4b. e neither safety act designation',
45042:'nor certification is in any way a requirement of this action. whether to seek thebenefits of the safety act for',
45043:'a proposed product or service isentirelyup to the offeror. additionalinformation about the safety act and this block designation/certification may be',
45044:'found at the safety act website at http:// www.safetyact.gov or requests may be mailed to: directorate of science and technology',
45045:'safety act/room 4320department ofhomeland securitywashington, dc 20528 f proposals inwhich pricingor any other termsor conditionsare offered contingent upon safety act',
45046:'designationor safety act certification of the proposed products or services will not be considered for award. end of provision alternate',
45047:'i feb 2009. as prescribed in 50.206b2, substitute the following paragraph f: f1 offerors are authorized to submitproposalsmade contingent upon',
45048:'safety act designationorsafety act certification, if a block certification exists before award. when anoffer is made contingent upon safety act',
45049:'designation or certification, the offeror also may submitan alternate offer withoutthe contingency. 2 if an offer is submittedcontingent upon receipt',
45050:'of safety act designation or safety act certification, ifa block certification exists prior to contract award, then the government may',
45051:'not award a contract based on such offerunlessthe offeror demonstrates priorto award that dhs has issued a safetyactdesignation or safety',
45052:'act certification, if a block certification exists for theofferor’s technology. 3 the government reserves therightto award the contract based on',
45053:'a noncontingent offer, prior to dhs resolution of the offeror’s application for safety act designation or safetyactcertification, if ablock certification',
45054:'exists. alternate ii feb 2009. as prescribed in 50.206b3, substitute the following paragraph f: f1 offerors are authorized to submitoffers',
45055:'presumingthat safetyactdesignation or safety act certification, if a block certification exists will be obtained before or after award. 2 an',
45056:'offeror is eligible for award only if the offeror52.2 555 52.2504 federal acquisition regulation i files a safety act designation',
45057:'or safety act certification application, limited to the scope of the applicable block designation or block certification, within 15 days',
45058:'after submission of the proposal; ii pursues its safety act designation or safety act certification application in good faith; and',
45059:'iii agrees to obtain the amount of insurance dhsrequiresforissuing the offeror’s safetyactdesignation or safety act certification. 3 if dhs has',
45060:'not issued a safety act designation or safety act certification tothe successful offerorbefore contract award, thecontracting officer will include theclause',
45061:'at 52.2505 in the resulting contract. 52.2504safety actprequalification designation notice. as prescribed in 50.206c1, insert the following provision: safety act',
45062:'prequalification designation notice feb 2009 a definitions. as used in this provision act of terrorism means any act determined to',
45063:'have met the following requirements or such other requirements as defined and specified by the secretary of homeland security: 1',
45064:'is unlawful. 2 causes harm,including financial harm,to a person,property, or entity, in the united states, or in the case of',
45065:'a domestic united states air carrier or a united statesflag vessel or a vessel based principally in the united states',
45066:'on which united states income tax is paid and whose insurance coverage is subject to regulation in the united states,',
45067:'in or outside the united states. 3 uses or attempts to use instrumentalities, weapons or other methods designed or intended',
45068:'to cause mass destruction, injury or other loss to citizens or institutions of the united states. block certification means safety',
45069:'act certification of a technology class that the department of homeland security dhs has determined to be anapproved class of',
45070:'approved productsforhomeland security. block designation means safety act designation of a technology class that the dhs has determined to be',
45071:'a qualified antiterrorism technology qatt. prequalification designation notice means a notice in a procurement solicitation or other publication by the',
45072:'government stating that the technology to be procuredeither affirmativelyor presumptively satisfies the technicalcriteria necessary to be deemed aqualified antiterrorism technology.',
45073:'a prequalificationdesignation notice authorizes offerors to submit streamlined safety act applications for safety act designation and receive expedited processing of',
45074:'those applications. qualified antiterrorism technology qatt means any technology designed, developed, modified, procured, or sold for the purpose of preventing,',
45075:'detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause,forwhich a safety act designation',
45076:'has been issued. for purposes of defining a qatt, technologymeans any product, equipment, service including support services, device, or technology',
45077:'including information technology or any combination of the foregoing. design services, consulting services, engineering services, software development services, software integration',
45078:'services, threat assessments, vulnerability studies, and other analyses relevant to homeland security may bedeemed a technology. safety act certification means',
45079:'a determination by dhs pursuant to 6 u.s.c. 442d, as further delineated in 6 cfr 25.9, that a qatt for',
45080:'which a safety act designation has been issued isan approved product for homeland security,i.e., it will perform as intended, conforms',
45081:'to the seller’s specifications, and issafe for use as intended. safety act designation means a determination by dhs pursuant to',
45082:'6 u.s.c. 441b and 6 u.s.c. 443a, as further delineated in 6 cfr 25.4,that a particularantiterrorism technology constitutes a qatt',
45083:'under the safety act. b the support antiterrorism by fostering effectivetechnologies act of 2002 safety act, 6 u.s.c. 441444, creates',
45084:'certain liabilitylimitations for claims arising out of, relating to,or resulting from an act of terrorism where qatts have been deployed.',
45085:'it also confers other important benefits. safety act designation and safety act certification are designed tosupport effectivetechnologies aimed at preventing,',
45086:'detecting,identifying,or deterring acts ofterrorism, or limiting the harm that such acts might otherwise cause, and which also meet other prescribed',
45087:'criteria. c 1 dhs has issued a safety act prequalification designation notice for the technology to be acquired under this',
45088:'solicitation. 2 this notice is attached to this solicitation and contains essential information, including i a detailed description of and',
45089:'specification for the technology covered by the notice; 52.2556 subpart 52.2 text of provisions and clauses 52.2505 ii a statement',
45090:'that the technology described and specified in the notice satisfies the technical criteria to be deemed a qattandthe offeror’s proposedtechnology',
45091:'either may presumptively or willqualify for the issuanceof adesignation provided theofferor complies with terms and conditions in the notice and',
45092:'itsapplication isapproved; iii the period of time within which dhs will take action upon submission of a safety act application',
45093:'submitted pursuant to the notice; iv a listing of those portions of the application that must be completed and submitted',
45094:'by selected awardees and the time periods for such submissions; v the date of expiration of the notice; and vi',
45095:'any other terms and conditions concerning the notice. 3 offerorsshouldread this notice carefullyto make sure they complywith the termsof the',
45096:'noticeif they planon taking advantage of safety act coverage for their technologies. d all determinations by dhs are based on',
45097:'factors set forth in the safety act and its implementing regulations. a determination by dhs to issue a safety act',
45098:'designation, or not to issue a safety act designation for a particular technology as a qattis not a determination thatthe',
45099:'technology meets,or fails tomeet, the requirements of any solicitation issued by any federal, state, local or tribal governments. determinations by',
45100:'dhs with respect to whether to issue a safety act designation for technologies submittedfordhs review are based on the factors',
45101:'identified in6 cfr 25.4b. e neither safety act designation nor certification is in any way a requirement of this action.',
45102:'whether to seek the benefits of the safety act for a proposed product or service is entirely up to the',
45103:'offeror. additional information about the safety act may be found at the safety act website at http://www.safetyact.gov. f proposals inwhich',
45104:'pricingor any other termsor conditionsare offered contingent upon safety act designationor certification of the proposed products or services will not',
45105:'be considered for award. end of provision alternate i feb 2009. as prescribed in 50.206c2, substitute the following paragraph f:',
45106:'f1 offerors are authorized to submitproposalsmade contingent upon safety act designationbefore award. when anoffer is made contingent upon safety act',
45107:'designation, the offeror also may submitan alternate offer withoutthe contingency. 2 if an offer is submittedcontingent upon receipt of safety',
45108:'act designation priorto contract award, then the government may notaward acontract based on suchoffer unless the offeror demonstrates priorto award',
45109:'that dhshas issued a safety act designation for theofferor’s technology. 3 the government reserves therightto award the contract based on',
45110:'a noncontingent offer, prior to dhs resolution of theofferor’s application for safety act designation. alternate ii feb 2009. as prescribed',
45111:'in 50.206c3, substitute the following paragraph f: f1 offerors are authorized to submitproposalspresuming safetyactdesignation before or after award. 2 an',
45112:'offeror is eligible for award only if the offeror i files a safety act designation application, limited to the scope',
45113:'of the applicable prequalification designation notice, within 15 days after submission of the proposal; ii pursues its safety act designation',
45114:'application in good faith; and iii agrees to obtain the amount of insurance dhsrequiresforissuing the offeror’s safetyactdesignation. 3 if dhs',
45115:'has not issued a safety act designation tothe successful offerorbefore contract award, thecontracting officer willinclude the clauseat 52.2505 in the',
45116:'resulting contract. 52.2505 safety actequitable adjustment. as prescribed in 50.206d, insert the following clause: safety actequitable adjustment feb 2009 a',
45117:'definitions. as used in this clause act of terrorism means any act determined to have met the following requirements or',
45118:'such other requirements as defined and specified by the secretary of homeland security: 1 is unlawful. 52.2557 52.2505 federal acquisition',
45119:'regulation 2 causes harm,including financial harm,to a person,property, or entity, in the united states, or in the case of a',
45120:'domestic united states air carrier or a united statesflag vessel or a vessel based principally in the united states on',
45121:'which united states income tax is paid and whose insurance coverage is subject to regulation in the united states, in',
45122:'or outside the united states. 3 uses or attempts to use instrumentalities, weapons or other methods designed or intended to',
45123:'cause mass destruction, injury or other loss to citizens or institutions of the united states. block certification means safety act',
45124:'certification of a technology class that the department of homeland security dhs has determined to be anapproved class of approved',
45125:'productsforhomeland security. block designation means safety act designation of a technology class that the dhs has determined to be a',
45126:'qualified antiterrorism technology qatt. qualified antiterrorism technology qatt means any technology designed, developed, modified, procured, or sold for the purpose',
45127:'of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause,forwhich a safety',
45128:'act designation has been issued. for purposes of defining a qatt, technologymeans any product, equipment, service including support services, device,',
45129:'or technology including information technology or any combination of the foregoing. design services, consulting services, engineering services, software development services,',
45130:'software integration services, threat assessments, vulnerability studies, and other analyses relevant to homeland security may bedeemed a technology. safety act',
45131:'certification means a determination by dhs pursuant to 6 u.s.c. 442d, as further delineated in 6 cfr 25.9, that a',
45132:'qatt for which a safety act designation has been issued isan approved product for homeland security, i.e., it will perform',
45133:'as intended, conforms to the sellers specifications, and is safe for use as intended. safety act designation means a determination',
45134:'by dhs pursuant to 6 u.s.c. 441b and 6 u.s.c. 443a, as further delineated in 6 cfr 25.4,that a particularantiterrorism',
45135:'technology constitutes a qatt under the safety act. b prices for the items covered by the prequalification designation notice, block',
45136:'designation, or block certification in the contract were established presuming dhs will issue a safety act designation or safety act',
45137:'certification for those items. c in order to qualify for an equitable adjustment in accordance with paragraph d of this',
45138:'clause the contractor shall in good faith pursue obtaining 1 safety act designation or safety act certification; and 2 the',
45139:'amount of insurance dhs requires for issuing any safety act designation or safety act certification. d 1 if dhs denies',
45140:'the contractor’s safety act designation or certification application, the contractor may submit a request for anequitable adjustment within 30 days',
45141:'of dhs’s notificationof denial. 2 the contracting officer shall either i make an equitable adjustment to the contract price based',
45142:'on evidence of the resulting increase or decrease in the contractor’scosts and/oran equitable adjustment to other terms and conditions based',
45143:'onlack of safety act designation or certification; or ii at the sole option of the government, terminate this contract for',
45144:'the convenience of the government in place of an equitable adjustment. 3 a failure of the parties to agree on',
45145:'the equitable adjustment will be considered to be a dispute in accordance with the disputes clause of this contract. 4',
45146:'unless first terminated, the contractor shall continue contract performance during establishment of any equitable adjustment. end of clause 52.2558 subpart',
45147:'52.2 text of provisions and clauses 52.2512 52.251[reserved] 52.2511government supply sources. as prescribed in 51.107, insert the following clause: government',
45148:'supply sources apr 2012 the contracting officer may issue the contractor an authorization to usegovernmentsupplysources in the performance of this',
45149:'contract. title toallpropertyacquired by thecontractor under such an authorization shall vest in the government unless otherwisespecified in the contract. the',
45150:'provisions of theclause at far 52.2451, government property, apply to all property acquired under such authorization end of clause 52.2512interagency',
45151:'fleet management systemvehicles and relatedservices. as prescribed in 51.205, insert the following clause: interagency fleet management system vehicles and related',
45152:'services jan 1991 the contracting officer may issue the contractor an authorization to obtaininteragency fleet management system ifms vehicles and',
45153:'related services for use in the performance of this contract. the use, service, and maintenance of interagency fleet management system',
45154:'vehicles and the use of related services by the contractor shall be in accordance with 41 cfr 10139 and 41',
45155:'cfr 10138.3011. end of clause 52.2559 this page intentionally left blank. 52.2560 subpart 52.2 text of provisions and clauses 52.2524',
45156:'52.252[reserved] 52.2521solicitation provisions incorporated by reference. as prescribed in 52.107a, insert the following provision: solicitation provisions incorporated by reference feb',
45157:'1998 this solicitationincorporates one or more solicitation provisionsby reference, with the same force and effect as ifthey were givenin fulltext.',
45158:'upon request, thecontracting officer will make their full text available. the offeror is cautioned that the listed provisions may include',
45159:'blocks that must be completed by the offeror and submitted with its quotation or offer. in lieu of submitting the',
45160:'full text of thoseprovisions, the offeror mayidentify the provision by paragraph identifier and provide the appropriate information withits quotation oroffer.',
45161:'also, the full text of a solicitation provisionmay be accessed electronically at this/these addresses: [insert one or more internet addresses]',
45162:'end of provision 52.2522clauses incorporated by reference. as prescribed in 52.107b, insert the following clause: clauses incorporated by reference feb',
45163:'1998 this contract incorporates one or more clausesby reference, with the same force and effectas if theywere given infull text.',
45164:'uponrequest,the contracting officerwill make their full text available. also, the full text of a clause maybe accessed electronically at this/these',
45165:'addresses: [insert one or more internet addresses] end of clause 52.2523 alterations in solicitation. as prescribed in 52.107c,insertthefollowingprovisioninsolicitationsinordertoreviseorsupplement,asnecessary, other parts',
45166:'of the solicitation thatapply to thesolicitation phaseonly, except for any provisionauthorized for usewith a deviation. include clear identification of what',
45167:'is being altered. alterations in solicitation apr 1984 portions of this solicitation are altered as follows: end of clause 52.2524',
45168:'alterations in contract. as prescribed in 52.107d, insert the following clause in solicitations and contracts in order to revise or',
45169:'supplement, as necessary, other parts of thecontract, or parts of the solicitation that apply after contract award, except for any',
45170:'clause authorized for use with a deviation. include clear identification of what is being altered. alterations in contract apr 1984',
45171:'portions of this contract are altered as follows: 52.2561 52.2525 federal acquisition regulation end of clause 52.2525authorized deviations inprovisions. as',
45172:'prescribed in 52.107e,insertthefollowingprovisioninsolicitationsthatincludeanyfarorsupplemental provisionwith an authorized deviation. whenever any far or supplemental provisionis used with anauthorized deviation, thecontracting officer shall',
45173:'identify it by the same number, title, and date assigned tothe provisionwhen it is used without deviation, includeregulation name for',
45174:'any supplemental provision, except that the contracting officershallinsert deviation afterthe date of the provision. authorized deviations in provisions nov 2020',
45175:'a the use in this solicitation of any federal acquisition regulation 48 cfr chapter 1 provision with an authorized deviation',
45176:'is indicated by theaddition of deviation after the date of theprovision. b the use in this solicitation of any [insert',
45177:'regulation name]48 cfr chapter provision with anauthorized deviation isindicated bythe addition of deviation after the name of the regulation. end',
45178:'of provision 52.2526 authorized deviations in clauses. as prescribed in 52.107f,insertthefollowingclauseinsolicitationsandcontractsthatincludeanyfaror supplemental clausewith an authorized deviation. whenever any far or',
45179:'supplemental clause is usedwith an authorized deviation,the contracting officer shall identify it by the same number, title, and date assigned',
45180:'to theclause whenitis used without deviation, includeregulation name for any supplemental clause, except that the contracting officer shall insert deviation',
45181:'afterthe date of the clause. authorized deviations in clauses nov 2020 a the use in this solicitation or contract of',
45182:'any federal acquisition regulation 48 cfr chapter 1 clause with an authorized deviation is indicated by the addition of deviation',
45183:'after thedate of the clause. b the use in this solicitation or contract of any [insert regulation name] 48 cfr',
45184:'clause with an authorized deviation is indicated by the addition of deviation after thenameof the regulation. end of clause 52.2562',
45185:'subpart 52.2 text of provisions and clauses 52.2531 52.253[reserved] 52.2531 computer generated forms. asprescribed in far 53.111 , insert the',
45186:'following clause: computer generated forms jan 1991 a any data required to be submitted on a standard or optional form',
45187:'prescribed by the federal acquisition regulation far may be submitted on a computer generatedversionof the form, provided there is no',
45188:'change to the name, content, or sequence of the data elements on the form, and provided the form carries the',
45189:'standard or optional form number and edition date. b unless prohibited by agency regulations, any data required to be submitted',
45190:'on an agency unique form prescribed by an agency supplement to the far may be submitted on a computer generated',
45191:'version ofthe form provided there is no change to the name, content, or sequence of the data elements on the',
45192:'form and provided the form carries the agency form number and edition date. c if the contractor submits a computer',
45193:'generated version ofa form thatis different than therequired form, thenthe rights and obligations of the parties will be determined based',
45194:'on the content of the required form. end of clause 52.2563 this page intentionally left blank. 52.2564 part 53 forms',
45195:'sec. 53.000 scope of part. 53.001 definitions. subpart 53.1 general 53.100 scope of subpart. 53.101 requirements for use of forms.',
45196:'53.102 current editions. 53.103 exceptions. 53.104 overprinting. 53.105 computer generation. 53.106 special construction and printing. 53.107 obtaining forms. 53.108 recommendations',
45197:'concerning forms. 53.109 forms prescribed by other regulations. 53.110 continuation sheets. 53.111 contract clause. subpart 53.2 prescription of forms 53.200',
45198:'scope of subpart. 53.201 federal acquisition system. 53.2011 contracting authority and responsibilities sf 1402. 53.202 [reserved] 53.203 [reserved] 53.204 administrative',
45199:'matters. 53.2041 safeguarding classified information within industry ddform254, ddform441. 53.2042 [reserved] 53.205 publicizing contract actions. 53.2051 paid advertisements. 53.206 [reserved]',
45200:'53.207 [reserved] 53.208 [reserved] 53.209 contractor qualifications. 53.2091 responsible prospective contractors. 53.210 [reserved] 53.211 [reserved] 53.212 acquisition of commercial products',
45201:'and commercial services. 53.213 simplifiedacquisitionproceduressf’s18, 30, 44, 1165, 1449, and of’s 336, 347, and 348. 53.214 sealed bidding. 53.215 contracting',
45202:'by negotiation. 53.2151 solicitation and receipt of proposals. 53.216 types of contracts. 53.2161 delivery orders and orders under basic ordering',
45203:'agreements of 347. 53.217 [reserved] 53.218 [reserved] 53.219 small business programs. 53.220 [reserved] 53.221 [reserved] 53.222 application of labor laws',
45204:'to government acquisitionssf’s 308, 1413, 1444, 1445, 1446, wh347. 53.223 [reserved] 53.224 [reserved] 53.225 [reserved] 53.226 [reserved] 53.227 [reserved] 53.228',
45205:'bonds and insurance. 53.229 taxes sf’s 1094, 1094a. 53.230 [reserved] 53.231 [reserved] 53.232 contract financing sf 1443. 53.233 [reserved] 53.234',
45206:'[reserved] 53.235 research and development contracting sf 298. 53.236 construction and architectengineer contracts. 53.2361 construction. 53.2362 architectengineerservicessf’s252and 330. 53.237 [reserved]',
45207:'53.238 [reserved] 53.239 [reserved] 53.240 [reserved] 53.241 [reserved] 53.242 contract administration. 53.2421 novation and changeofname agreements sf 30. 53.243 contract',
45208:'modifications sf 30. 53.244 [reserved] 53.245 government property. 53.246 [reserved] 53.247 transportation u.s. commercial bill of lading. 53.248 [reserved] 53.249',
45209:'terminationofcontracts. 53.250 [reserved] 53.251 contractor use of government supply sources of 347. subpart 53.3 forms used in acquisitions 53.300 listing',
45210:'of standard, optional, and agency forms. this page intentionally left blank. subpart 53.1 general 53.106 53.000scope of part. this part—',
45211:'a prescribes standard forms sf’s and references optionalforms of’s and agencyprescribed forms for use in acquisition; and b contains requirements',
45212:'and information generally applicable to the forms. 53.001definitions. exception, as used in this part, means an approved departure from the',
45213:'established design, content, printing specifications, or conditions for use of any standard form. subpart 53.1 general 53.100scope of subpart. this',
45214:'subpart contains requirements and information generally applicable to the forms prescribed in this regulation. 53.101 requirements for useof forms. the',
45215:'requirements for use of the forms prescribed or referenced in this part are contained in parts 1through 52, where the',
45216:'subject matter applicable to each form is addressed. the specific location of each requirement is identified in subpart 53.2 .',
45217:'53.102 current editions. the form prescriptions in subpart 53.2andthefarformslocatedat https://www.gsa.gov/forms contain current edition dates. contractingofficers shall use thecurrent editionsunlessotherwise authorized',
45218:'under this regulation. 53.103exceptions. agencies shall not a alter a standard form prescribed by this regulation; or b use for',
45219:'the same purpose any form other than the standard form prescribed by this regulation without receiving in advance an exception',
45220:'to the form. 53.104overprinting. standard and optional forms obtained as required by 53.107 may be overprinted with names, addresses, and',
45221:'other uniform entries thatare consistent withthe purposeof the form and that do not alter the form inany way. exception approval',
45222:'for overprinting is not needed. 53.105computer generation. a the forms prescribed by this part may be computer generated without exception',
45223:'approval see 53.103, provided 1 there is no change to the name, content, or sequence of the data elements, and',
45224:'the form carries the standard or optional form number and edition date see 53.111; or 2 the form is in',
45225:'an electronic format covered by the american national standards institute ansi x12 standards published by the accredited standards committee x12',
45226:'on electronic data interchange or a format that can be translated into one of those standards. b the standards listed',
45227:'in paragraph a2 of this section may also be used for submission of data set forth in other parts for',
45228:'which specific forms have not been prescribed. 53.106special construction and printing. contracting offices may request exceptions see 53.103 to standard',
45229:'forms for special construction and printing. examples of common exceptions are as follows: standard forms special construction and printing a',
45230:'sf 181 with vertical lines omitted for listing of supplies and services, unit, etc. ; federal acquisition regulation 2 as',
45231:'reproducible masters; and/or 3 in carbon interleaved pads or sets. b sf’s 26, 30, 33, 1447as diecut stencils or reproducible',
45232:'masters. c sf 44 1 with serial numbers and contracting office name and address; and/ or 2 on special weight',
45233:'of paper and with the type of construction, number of sets per book, 2 and number of parts per set',
45234:'as specified by the contracting officer. executive agencies may supplement the administrative instructions on the inside front cover of the',
45235:'book. d sf 1442 1 as diecut stencils or reproducible masters; and/or 2 with additional wording as required by the',
45236:'executive agency. however, the sequence and wording of the items appearing on the prescribed form should not be altered. 53.107obtaining',
45237:'forms. executive agencies shall obtain standard and optional forms from the general services administration gsa forms library at https://www.gsa.gov/forms .agencyformsareavailablefromtheprescribingagency.',
45238:'53.108recommendations concerning forms. users of this regulation may recommend new forms or the revision, elimination, or consolidation of the forms',
45239:'prescribed or referenced in this regulation. recommendations from within an executive agency shall be submitted to the cognizant council in',
45240:'accordance with agency procedures. recommendations from other than executive agencies should be submitted directly to the far secretariat. 53.109 forms',
45241:'prescribedby other regulations. certain forms referred to in subpart 53.2areprescribedinotherregulationsandarespecifiedbythefarforusein acquisition. for each of these forms, the prescribing agency is',
45242:'identified by means of a parenthetical notation after the form number. forexample, sf1165 ,whichisprescribedbythegovernmentaccountabilityofficegao,isidentifiedas sf1165 gao. 53.110continuation sheets. except as',
45243:'may be otherwise indicated in the far, allstandardforms prescribed by the farmay be continued ona plain paper of similar specification,',
45244:'or b specially constructed continuation sheets e.g., of336 . continuation sheets shall be annotated in the upper righthand corner with',
45245:'the reference number of the document being continued and the serial page number. 53.111contract clause. contractingofficersshallinserttheclauseat 52.2531, computer generated forms,',
45246:'in solicitations and contracts that require the contractor to submit data on standard or optional forms prescribed by this regulation;',
45247:'and, unless prohibited by agency regulations, forms prescribed by agency supplements. subpart 53.2 prescription of forms 53.2051 subpart 53.2 prescription',
45248:'of forms 53.200scope of subpart. this subpart prescribes standard forms and references optional forms and agencyprescribed forms for use in',
45249:'acquisition. consistent with the approach used in subpart 52.2,thissubpartisarrangedbysubjectmatter,inthesameorderas,andkeyed to,the parts of the far in which theform usage requirements areaddressed.',
45250:'for example, forms addressed infar part 14, sealed bidding, are treated in this subpart in section 53.214,sealedbidding;formsaddressedinfar part 43, contract',
45251:'modifications, are treated in this subpart in section 53.243, contract modifications. the following example illustrates how the subjects are keyed',
45252:'to the parts in which they are addressed: 53.201federal acquisition system. 53.2011contractingauthorityand responsibilities sf 1402. sf 1402 10/83, certificate of',
45253:'appointment. sf 1402 isprescribedforuseinappointingcontractingofficers,asspecified in 1.6033 . 53.202[reserved] 53.203[reserved] 53.204administrative matters. 53.2041 safeguarding classified information within industry ddform254, ddform441. the',
45254:'following forms, which are prescribed by the department of defense, shall be used by dod components and those nondefense agencies',
45255:'with which dod has agreements to provide industrial security services for the national industrial security program if contractor access to',
45256:'classified information is required, as specified in subpart 4.4 and the clause at 52.2042: a dd form 254department of defense',
45257:'dod, contract security classification specification. see 4.403c1. b dd form 441dod, security agreement. see paragraph b of the clause at',
45258:'52.2042. 53.2042 [reserved] 53.205publicizing contract actions. 53.2051 paid advertisements. sf 1449, prescribed in 53.212, shall be used to place orders',
45259:'for paid advertisements as specified in 5.503. federal acquisition regulation 53.206[reserved] 53.207[reserved] 53.208[reserved] 53.209contractor qualifications. 53.2091responsible prospective contractors. the following',
45260:'forms are prescribed for use in conducting preaward surveys of prospective contractors, as specified in 9.1061 , 9.1062 , and',
45261:'9.1064 . these forms are authorized for local reproduction and can be found at the gsa forms library at https://www.gsa.gov/forms',
45262:'. a sf 1403 rev. 01/2014, preaward survey of prospective contractor general. b sf 1404 rev. 01/2014, preaward survey of',
45263:'prospective contractortechnical. c sf 1405 rev. 01/2014, preaward survey of prospective contractorproduction. d sf 1406 rev. 01/2014, preaward survey of',
45264:'prospective contractorquality assurance. e sf 1407 rev. 01/2014, preaward survey of prospective contractorfinancial capability. f sf 1408 rev. 01/2014, preaward',
45265:'survey of prospective contractoraccounting system. 53.210[reserved] 53.211[reserved] 53.212 acquisition of commercial products and commercial services. sf 1449 rev. nov 2021,',
45266:'solicitation/contract/order for commercial products and commercial services . sf 1449 is prescribed for use in solicitations and contracts for commercial',
45267:'products and commercial services. agencies may prescribe additional detailed instructions for use of the form. 53.213 simplified acquisition procedures sf’s',
45268:'18, 30, 44, 1165, 1449, and of’s 336,347, and 348. the following forms are prescribed as stated in this section',
45269:'for use in simplified acquisition procedures, orders under existing contracts or agreements, and orders from required sources of supplies and',
45270:'services: a sf 18 rev.6/95, request for quotations, or sf 1449 rev. nov 2021, solicitation/contract/order for commercial products and commercial',
45271:'services. sf 18 is prescribed for use in obtaining price, cost,delivery,and related information from suppliers as specified in 13.307b. sf',
45272:'1449, as prescribed in 53.212, or other agency forms/automated formats, may also be used toobtain price, cost, delivery, and relatedinformation',
45273:'from suppliers as specified in 13.307b. b sf 30 rev.11/2016, amendment of solicitation/ modification of contract. sf 30, prescribed in',
45274:'53.243, may be used for modifying purchase orders, as specified in 13.307c3. c sf 44 rev.10/83, purchase order invoice voucher.',
45275:'sf 44 is prescribed for use in simplified acquisition procedures, as specified in 13.306. d sf 1165 6/83ed., receipt for',
45276:'cashsubvoucher. sf1165 gao may be used for imprest fund purchases, as specified in 13.307e. e of 336 4/86ed., continuation sheet.',
45277:'of 336, prescribed in 53.214h, may be used as a continuation sheet in solicitations, as specified in 13.307c1. f sf',
45278:'1449 rev. nov 2021 solicitation/contract/order for commercial products and commercial services prescribed in 53.212, of 347 rev.2/2012, order for suppliesor',
45279:'services,and of 348 rev.4/06,order for supplies orservices schedule continuation. sf 1449, of’s 347 and 348 or approved agency forms/automated formats',
45280:'may be used as follows: 1 to accomplishacquisitions undersimplified acquisition procedures, as specified in 13.307. 2 to establish blanketpurchase agreements',
45281:'bpa’s, as specifiedin 13.3032, andto make purchases under bpa’s, as specified in 13.3035. 3 to issue orders underbasic ordering agreements,',
45282:'as specified in 16.703d2i. 4 as otherwise specified in this chapter e.g., see 5.503a2, 8.4061, 36.701b, and 51.102e3ii. subpart 53.2',
45283:'prescription of forms 53.2161 53.214sealed bidding. the following forms are prescribed for use in contracting by sealed bidding except for',
45284:'construction and architectengineer services: a sf 26 rev. 12/2022, award/contract. sf 26 is prescribed for use in awarding sealed bid',
45285:'contracts for supplies or services in which bids were obtained on sf 33, solicitation, offer and award, as specifiedin 14.4081d1.',
45286:'block 18 may only be used for sealedbid procurements. b sf 30, amendment of solicitation/modification of contract. sf 30, prescribed',
45287:'in 53.243, shall be used in amending invitations for bids, as specified in 14.208a. c sf 33 rev. 12/2022, solicitation,',
45288:'offer and award. sf 33 is prescribed for use in soliciting bids for supplies or services and for awarding the',
45289:'contracts that result from the bids, as specified in 14.2012a1, unless award is accomplished by sf 26. d sf 1447',
45290:'rev. 12/2022, solicitation/contract. sf 1447 is prescribed for use in soliciting supplies or services and for awarding contracts that result',
45291:'from the bids. it shall be used when the simplified contract format is used see 14.2019 and may be used',
45292:'in place of the sf 26 or sf 33 with other solicitations and awards. agencies may prescribe additional detailed instructions',
45293:'for use of the form. e [reserved] f sf 1409 rev. 9/88, abstract of offers, and sf 1410 9/88, abstract',
45294:'of offerscontinuation. sf 1409 and sf 1410 are prescribed for use in recording bids, as specified in 14.403a. g of',
45295:'17 rev. 12/93, offer label. of 17 may be furnished with each invitation for bids to facilitate identification and handling',
45296:'of bids, as specified in 14.2023b. h of 336 rev.3/86, continuation sheet. of 336 may be used as a continuation',
45297:'sheet in solicitations, as specified in 14.2012b. 53.215contracting by negotiation. 53.2151solicitation and receipt of proposals. the following forms are prescribed,',
45298:'as stated in the following paragraphs, for use in contracting by negotiation except for construction, architectengineer services, or acquisitions made',
45299:'using simplified acquisition procedures: a sf 26 rev.3/2013, award/contract. sf 26, prescribed in 53.214a, may be used in entering into',
45300:'negotiated contracts in which the signature of both parties on a single document is appropriate, as specified in 15.509. block',
45301:'18 may not be used for negotiated procurements. b sf 30 rev.11/2016, amendment of solicitation/modification of contract. sf 30, prescribed',
45302:'in 53.243, may be used for amending requests for proposals and for amending requests for information, as specified in 15.210b.',
45303:'c sf 33 rev.9/97, solicitation, offer and award. sf 33, prescribed in 53.214c, may be used in connection with the',
45304:'solicitation and award of negotiated contracts. award of suchcontracts may be made byeither of 307, sf 33, or sf 26,',
45305:'as specified in 53.214c and 15.509. d of 17 rev.12/93, offer label. of 17 may be furnished with each request',
45306:'for proposals to facilitate identification and handling of proposals, as specified in 15.210c. e of 307 rev.8/2016, contract award. of',
45307:'307 may be used to award negotiated contracts as specified in 15.509. f of 308 rev.9/97, solicitation and offernegotiated acquisition.',
45308:'of 308 may be used to support solicitation of negotiated contracts as specified in 15.210a. award of such contracts may',
45309:'bemade by of 307, as specified in 15.509. g of 309 rev.9/97, amendment of solicitation. of 309 may be used',
45310:'to amend solicitations of negotiated contracts, as specified in 15.210b. 53.216 typesof contracts. 53.2161delivery orders and orders underbasic orderingagreements of',
45311:'347. of 347, order for supplies or services. of 347, prescribed in 53.213f or an approved agency form, may be',
45312:'used to place orders under indefinite delivery contracts and basic ordering agreements, as specified in 16.703d2i. federal acquisition regulation 53.217[reserved]',
45313:'53.218[reserved] 53.219 smallbusinessprograms. the following standard form is prescribed for use in reporting small business including alaska native corporations and',
45314:'indian tribes, veteranowned small business, servicedisabled veteranowned small business, hubzone small business, small disadvantaged business including alaska native corporations and',
45315:'indian tribes and womenowned small business subcontracting data, as specified in part 19: sf 294,rev. nov2021subcontractingreportforindividualcontracts. sf 294 is authorized',
45316:'for local reproduction. 53.220[reserved] 53.221[reserved] 53.222 application oflabor laws togovernment acquisitions sf’s 308, 1413, 1444, 1445, 1446, wh347. the following',
45317:'forms areprescribed as stated below, for use inconnectionwith the applicationof labor laws: a [reserved] b [reserved] c sf 308 dolrev.',
45318:'2/2013, request for wagedetermination and response to request. see 22.4043a and b. d [reserved] e sf 1413 rev.4/2013, statement and',
45319:'acknowledgment. sf 1413 is prescribed for use in obtaining contractor acknowledgment of inclusion of required clauses in subcontracts, as specified',
45320:'in 22.4065. f form sf 1444 rev.4/2013, request for authorization of additional classification and rate. see 22.4063a and 22.1019. g',
45321:'sf 1445 rev.12/96, labor standards interview. see 22.4067b. h sf 1446 rev.4/2013., labor standards investigation summary sheet. see 22.4068d. i',
45322:'form wh347 dol, payroll for contractors optional use. see 22.4066a. 53.223[reserved] 53.224[reserved] 53.225[reserved] 53.226[reserved] 53.227[reserved] 53.228bonds and insurance. the following',
45323:'standard forms are prescribed for use for bond and insurance requirements, as specified in part 28. these forms can be',
45324:'found at the gsa forms library at http://www.gsa.gov/forms . all the following forms are authorized for local reproduction, except for',
45325:'sf 25 b. a sf 24 rev. 8/2016 bid bond. see 28.1061. b sf 25 rev. 8/2016 performance bond. see',
45326:'28.1061b. c sf 25a rev. 8/2016 payment bond. see 28.1061c. d sf 25b for standard forms 24, 25, and 25a.',
45327:'rev.10/1983,continuationsheetforms 24, 25, and 25a see 28.1061c. e sf 28 rev. feb 2021 affidavit of individual surety. see 28.1061e and',
45328:'28.2031b3. f sf 34 rev. 8/2016, annual bid bond. see 28.1061f. g sf 35 rev. 8/2016, annual performance bond. see',
45329:'28.1061. h sf 273 rev. 4/2013 reinsurance agreement for a bond statute performance bond. see 28.1061h and 28.202a 4. subpart',
45330:'53.2 prescription of forms 53.2362 i sf 274 rev. 4/2013 reinsurance agreement for a bond statute payment bond. see 28.1061i',
45331:'and 28.202a4. j sf 275 rev. 10/98 reinsurance agreement in favor of the united states. see 28.1061j and 28.202a4. k',
45332:'sf 1414 rev. 10/93, consent of surety. l sf 1415 rev. 7/93, consent of surety and increase of penalty. see',
45333:'28.1061l. m sf 1416 rev. 10/98 payment bond for other than construction contracts. see 28.1061m. n sf 1418 rev. 2/99',
45334:'performance bond for other than construction contracts. see 28.1061n. o of 91 1/90ed., release of personal property from escrow. see',
45335:'28.1061o and 28.2033a. 53.229 taxessf’s 1094, 1094a. sf 1094 rev.12/96, u.s. tax exemption form, and sf 1094a rev.12/96, tax exemption',
45336:'forms accountability record. sf’s 1094and 1094aare prescribed for use in establishing exemption from state or local taxes, as specified in',
45337:'29.302b. 53.230[reserved] 53.231[reserved] 53.232contract financing sf 1443. sf 1443 nov 2021, contractor’s request for progress payment. sf 1443 is prescribed',
45338:'for use in obtaining contractors’ requests for progress payments. 53.233[reserved] 53.234[reserved] 53.235 research and development contracting sf298. sf 2982/89, report',
45339:'documentation page. sf 298 is prescribed for use in submitting scientific and technical reports to contracting officers and totechnical informationlibraries,',
45340:'as specified in 35.010 and ansi standard z39.18. 53.236 construction and architectengineer contracts. 53.2361 construction. the following forms areprescribed, as',
45341:'stated below, for use in contractingforconstruction, alteration, or repair, or dismantling, demolition, or removal of improvements. a [reserved] b [reserved]',
45342:'c [reserved] d sf 1442 rev. 12/2022., solicitation, offer and award construction, alteration, or repair. sf 1442 is prescribed for',
45343:'use insoliciting offers and awarding contracts expected to exceed the simplifiedacquisitionthreshold for 1 construction, alteration, or repair; or 2 dismantling,',
45344:'demolition, or removal of improvements and may be used for contracts within the simplified acquisition threshold, as specified in 36.701a.',
45345:'e of 347 rev.2/2012, order for supplies or services. of 347, prescribed in 53.213f or an approved agency form, may',
45346:'be used for contracts under the simplified acquisition threshold for 1 construction, alteration, or repair; or 2 dismantling, demolition, or',
45347:'removal of improvements, as specified in 36.701b. f of 141911/88ed., abstract of offersconstruction, and of 1419a 11/88ed., abstract of offersconstruction,',
45348:'continuation sheet. of’s 1419 and 1419a are prescribed for use in recording bids and may be used for recording proposal',
45349:'information, as specified in 36.701c. 53.2362architectengineer servicessf’s 252 and 330. the following forms are prescribed for use in contracting for',
45350:'architectengineer and related services: a sf 252 rev.10/23, architectengineer contract. sf 252 is prescribed for use in awarding fixedprice contracts',
45351:'for architectengineer services, as specified in 36.702a. federal acquisition regulation b sf 330 rev. jul 2021, architectengineer qualifications . sf',
45352:'330 is prescribed for use in obtaining information from architectengineer firms regarding their professional qualifications, as specified in 36.702b1 and',
45353:'b2. 53.237[reserved] 53.238[reserved] 53.239[reserved] 53.240[reserved] 53.241[reserved] 53.242contract administration. 53.2421novation andchangeofname agreements sf 30. sf 30, amendment of solicitation/modification of contract.',
45354:'sf 30 , prescribed in 53.243 , shall be used in connection with novation and change of name agreements, as',
45355:'specified in 42.1203 h. 53.243contract modifications sf 30. sf 30 rev.11/2016, amendment of solicitation/ modification of contract. sf 30 is',
45356:'prescribed for use in amending invitation for bids, as specified in 14.208; modifying purchase and delivery orders, as specified in',
45357:'13.3023; and modifying contracts, as specified in 42.1203h, 43.301, 49.6025, and elsewhere in this regulation. the form may also be',
45358:'used to amend solicitations for negotiated contracts, as specified in 15.210b. pending the publication of a new edition of the',
45359:'form, instruction b,item 3 effective date, is revised inparagraphs 3 and 5 as follows: b item3 effective date. 3 for',
45360:'a modificationissuedas aconfirming noticeof termination for the convenienceof the government, the effective date of the confirming notice shall be the',
45361:'sameas the effectivedate of the initialnotice. 5 for a modificationconfirming the termination contracting officer’sprevious letter determination of the amount due',
45362:'in settlement of a contract termination for convenience, the effective date shall bethe same as theeffective date ofthe previous letter',
45363:'determination. 53.244[reserved] 53.245 governmentproperty. the following forms are prescribed, as specified in this section, for use in reporting, reutilization, and',
45364:'disposal of government property and in accounting for this property: a sf 120 gsa, report of excess personal property, and',
45365:'sf 120a gsa, continuation sheet report of excess personal property. see 45.6023 and 41 cfr 10236.215. b sf 126 gsa,',
45366:'report of personal property for sale, and sf 126a gsa, report of personal property for sale continuation sheet. see fpmr',
45367:'10145.303 41 cfr10145.303. c sf 1423 rev.5/04, inventory verification survey. see 45.6021b1. d sf 1424 rev.5/2004, inventory disposal report see',
45368:'45.605. sf 1424 is authorized for local reproduction. e sf 1428 rev.6/2007, inventory disposal schedule, and sf 1429 rev.5/2004, inventory',
45369:'disposal schedule continuation sheet. see 45.6021, 49.3032, 52.2451, and 53.249b. sf’s 1428 and 1429 are authorized for local reproduction. 53.246[reserved]',
45370:'53.247 transportation u.s. commercial bill of lading. thecommercialbillofladingisthepreferreddocumentforthetransportationofproperty,asspecifiedin 47.101. subpart 53.2 prescription of forms 53.251 53.248[reserved] 53.249 termination of contracts.',
45371:'a the following forms are prescribed for use in connection with the termination of contracts, as specified in subpart 49.6.',
45372:'these forms are available at the gsa forms library at https://www.gsa.gov/forms. these forms are authorized for local reproduction except for',
45373:'sf 1034. 1 sf 1034 gao, public voucher for purchases and services other than personal. see 49.302a. 2 sf 1435',
45374:'rev. 03/2016, settlement proposal inventory basis. see 49.6021a. 3 sf 1436 rev. 5/2004, settlement proposal total cost basis. see 49.6021b.',
45375:'4 sf 1437 rev. 9/1997, settlement proposal for costreimbursement type contracts. see 49.6021c and 49.302. 5 sf 1438 rev. 5/2004,',
45376:'settlement proposal short form. see 49.6021d. 6 sf 1439 rev. 7/1989, schedule of accounting information. see 49.6023. 7 sf 1440',
45377:'rev. 01/1995, application for partial payment. see 49.6024. b sf 1428 rev. 6/2007, inventory disposal schedule, and standard form 1429',
45378:'rev. 1/2016, inventory disposal schedulecontinuation sheet, shall be used to support termination settlement proposals listed in paragraph a of this',
45379:'section, as specified in 49.6022. these forms are available at the gsa forms library at https://www.gsa.gov/forms. 53.250[reserved] 53.251 contractor use',
45380:'of government supply sources of 347. of 347, order for supplies or services. of 347, prescribed in 53.213f, may be',
45381:'used by contractors when requisitioning from the va, as specified in 51.102 e3ii. this page intentionally left blank. 53.28 subpart',
45382:'53.3 forms used in acquisitions 53.300 subpart 53.3 forms used in acquisitions 53.300listing of standard, optional, and agency forms. this',
45383:'subpart identifies, in numerical sequence, standard forms sf, optional forms of and agency forms that are specified bythe far for',
45384:'usein acquisitions. a you can access theforms in table 531 at the gsa forms library at https://www.gsa.gov/forms. form number sf',
45385:'18 sf 24 sf 25 sf 25a sf 25b sf 26 sf 28 sf 30 sf 33 sf 34 sf',
45386:'35 sf 120 sf 120a sf 126 sf 126a sf 252 sf 273 sf 274 sf 275 sf 294 sf',
45387:'298 sf 308 sf 330 sf 1034 sf 1035 sf 1094 sf 1094a sf 1165 forms in the gsa forms',
45388:'library title request for quotation bid bond performance bond payment bond continuation sheet for 24, 25, and 25a award/contract affidavitof',
45389:'individual surety amendment of solicitation/modification of contract solicitation, offer and award annual bid bond annual performance bond report of excess',
45390:'personal property continuation sheet report of excess personal property report of personal property for sale report of personal property for',
45391:'sale continuation sheet. architectengineer contract reinsurance agreement for a bonds statute performance bond reinsurance agreement for a bonds statute payment',
45392:'bond reinsurance agreement in favor of the united states subcontracting report for individual contracts report documentation page request for wage',
45393:'determinationandresponseto request architectengineer qualifications public voucherforpurchases andservices other than personal public voucherforpurchases andservices other than personal u.s. taxexemption form u.s.',
45394:'taxexemption form continuation sheet receipt for cashsubvoucher federal acquisition regulation form number sf 1402 sf 1403 sf 1404 sf 1405',
45395:'sf 1406 sf 1407 sf 1408 sf 1409 sf 1410 sf 1413 sf 1414 sf 1415 sf 1416 sf 1418',
45396:'sf 1423 sf 1424 sf 1427 sf 1428 sf 1429 sf 1435 sf 1436 sf 1437 sf 1438 sf 1439',
45397:'sf 1440 sf 1442 sf 1443 sf 1444 sf 1445 sf 1446 sf 1447 sf 1449 of 17 title certificate',
45398:'of appointment preaward survey of prospective contractor preaward survey of prospective contractortechnical preaward survey of prospective contractor production preaward survey',
45399:'of prospective contractor quality assurance preaward survey of prospective contractor financial capability preaward survey of prospective contractor accounting system abstract',
45400:'of offers abstract of offers continuation statement and acknowledgment consent of surety consent of surety and increase of penalty payment',
45401:'bond for other than construction contracts performance bond for other than construction contracts inventory verificationsheet inventory disposal report inventory schedule',
45402:'a–continuation sheet inventory disposal schedule inventory disposal schedule–continuation sheet settlement proposal inventory basis settlement proposal totalcost basis settlement proposal for',
45403:'costreimbursementtype contracts settlement proposal short form schedule of accounting information application for partial payment solicitation, offer,and award contractor’srequestfor progress payment',
45404:'request for authorization of additional classification and rate labor standards interview labor standards investigation summary sheet solicitation/contract solicitation/contract/order for commercial',
45405:'products and commercial services. notice to offeror subpart 53.3 forms used in acquisitions 53.300 form title number of 91 release',
45406:'of personal property from escrow of 307 contract award. of 308 solicitation and offernegotiated acquisition of 309 amendment of solicitation',
45407:'negotiated procurements. of 336 continuation sheet of 347 order for supplies or services of 348 order for supplies or services',
45408:'continuation of 1419 abstract of offers construction of 1419a abstract of offersconstruction continuation sheet b you can access the forms',
45409:'in table532 at the websites listed inthe table. other forms form number title url form dd 254 form dd 441',
45410:'department of defense contract security classification specification department of defense security agreement https://www.esd.whs.mil/portals/54/ documents/dd/forms/dd/dd0254.pdf https://www.esd.whs.mil/portals/54/ documents/dd/forms/dd/dd04412020.pdf form payroll–u.s. department of',
45411:'labor https://www.dol.gov/whd/forms/wh347.pdf wh347 this page intentionally left blank. 53.34 farcorrections please complete this form to notify the regulatory secretariat of',
45412:'errors, omissions, or inconsistencies in the textof the far or facs and submit via mail or facsimile to: general services',
45413:'administration regulatory secretariat division mvcb 1800 f street, nw washington,dc 20405 telephone:202 5014755 facsimile: 202 5014067 far part,subpart, orsection: page',
45414:'number: nature of errors: name: telephone: email address: address: 2',