supplies over 2500.doc

SF 1149 SOLICITATION /CONTRACT/ORDER FOR COMMERCIAL ITEMS

The following FAR provisions/clauses supplement the purchase order terms and conditions (SF 1449). An asterisk (*) indicates the provision/clause must be incorporated in full text; all others may be incorporated by reference in accordance with FAR

52.252-1. Upon request, the Contracting Officer will make their full text available.

The following clause is incorporated herein by reference with the same force and effect as though set forth in full text:

FAR 52.212-4

Contract Terms and Conditions – Commercial Items (MAY 97)

The following clause is included and appears in full text. FAR clauses marked with a (x) are applicable to this solicitation/contract.

FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (AUG 96)

(a) Contractor agrees to comply with the following FAR clauses, which are incorporated in this contract by reference, to implement provisions of law or executive orders applicable to acquisition of commercial items:

(1) 52.222-3, Convict Labor, (E.O. 11755); and

(2) 52.233-3, Protest after Award (31 U.S.C. 3553)

(b) The Contractor agrees to comply with the FAR clauses in this paragraph (b) which the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components:

· FAR 52.203-6

Restrictions on Subcontractor Sales to the Government, with

Alternate I (41 U.S.C. 253g and 10 U.S.C. 2402).

· FAR 52.203-10

Price or Fee Adjustment for Illegal or Improper Activity

(41 U.S.C. 423)

· FAR 52.219-8

Utilization of Small Business Concerns and Small Disadvantaged

Business Concerns (15 U.S.C. 637(d)(2) and (3)).

· FAR 52.219-9

Small, Small Disadvantaged and Women-Owned Small Business

Subcontracting Plan (15 U.S.C. 637 (d)(4)).

· FAR 52.219-14

Limitation on Subcontracting (15 U.S.C. 637 (a)(14)).

· FAR 52.222-26

Equal Opportunity (E.O. 11246)

· FAR 52.222-35

Affirmative Action for Special Disabled and Vietnam Era

Veterans (38 U.S.C. 4212)

· FAR 52.222-36

Affirmative Action for Handicapped Workers (29 U.S.C. 793)

· FAR 52.222-37

Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212

· FAR 52.225-3

Buy American Act – Supplies (41 U.S.C. 10)

· FAR 52.225-9

Buy American Act – Trade Agreements Act – Balance of

Payments Program (41 U.S.C. 10, 19 U.S.C. 2501-2582)

· Reserved

· FAR 52.225-18

European Union Sanction for End Products (E. O. 12849)

· FAR 52.225-19

European Union Sanction for Services (E.O. 12849)

· FAR 52.225-21

Buy American Act – North American Free Trade Agreement

Implementation Act – Balance of Payments Program (41 U.S.C.

10, PL 103-187)

· FAR 52.239-1

Privacy or Security Safeguards (5 U.S.C. 552a)

· FAR 52.247-64

Preference for Privately Owned U.S. – Flag Commercial Vessels

(46 U.S.C. 1241)

(c) The Contractor agrees to comply with the FAR clauses in this paragraph (c), applicable to commercial services, which the Contracting Officer has indicated as being incorporated into this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items or components:

· FAR 52.222-41

Service Contract Act of 1965, as amended (41 U.S.C. 351, et seq.)

· FAR 52.222-42

Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. 351, et seq.)

· FAR 52.222-43

Fair Labor Standards Act and Service Contract Act – Price

Adjustment (Multiple Year and Option Contracts) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.)

· FAR 52.222-44

Fair Labor Standards Act and Service Contract Act – Price

Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et seq.)

· FAR 52.222-47

SCA Minimum Wages and Fringe Benefits Applicable to

Successor Contract Pursuant to Predecessor Contractor Collective

Bargaining Agreement (CBA) (41 U.S.C. 351, et seq.)

(d) Comptroller General Examination of Record. The Contractor agrees to comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, in excess of the simplified acquisition threshold, and does not contain the clause at FAR 52.215-2, Audit and Records – Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(e) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) or (d) of this clause, the Contractor is not required to include any FAR clause, other than those listed below (and as may be required by an addenda to this paragraph to establish the reasonableness of prices under Part 15), in a subcontract for commercial items or commercial components.

· FAR 52.222-26

Equal Opportunity (E.O. 11246)

· FAR 52.222-35

Affirmative Action for Special Disabled and Vietnam Era Veterans

(38 U.S.C. 2012(a))

· FAR 52.222-36

Affirmative Action for Handicapped Workers (29 U.S.C. 793); and

· FAR 52.247-64

Preference for Privately-Owned U.S. – Flagged Commercial

Vessels (46 U.S.C. 1241) (flow down not required for subcontracts

Awarded beginning May 1, 1996)