3504ref.doc

SERVICE CONTRACT CLAUSES

(FIXED PRICE)

FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998):

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acquisition.gov/comp/far/index.html (End of clause)

I.

CLAUSES INCORPORATED BY REFERENCE:

A. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

NUMBER

TITLE

DATE

1.

52.202-1

Definitions

JUL 04

2.

52.203-3

Gratuities

APR 84

3.

52.203-5

Covenant Against Contingent Fees

APR 84

4. 52.203-6

Restrictions on Subcontractor

SEP 06

Sales to the Government

5.

52.203-7

Anti-Kickback Procedures

JUL 95

6.

52.203-8

Cancellation, Rescission and

JAN 97

Recovery of Funds for Illegal or

Improper Activity

7.

52.203-10

Price or Fee Adjustments for

Illegal or Improper Activity

8.

52.203-12

Limitation on Payments to

SEP 07

Influence Certain Federal

Transactions

9.

52.203-13

Contractor Code of Business

DEC 08

Ethics and Conduct (Applies to

Acquisitions Exceeding $5 Million)

10. 52.203-14

Display of Hotline Poster(s)

DEC 07

(Applies to Acquisitions Exceeding

$5 Million)

NOTE: Paragraph (b)(3) of FAR 52.203-14 is as follows for this solicitation:

(3) Any required posters may be obtained as follows:

Poster: GSA Office of Inspector General “FraudNet Hotline” Poster

Obtain from: Contracting Officer.

11.

52.204-4

Printing/Copying Double-Sided on

AUG 00

Recycled Paper

12. 52.204-9

Personal Identity Verification

SEP 07

Of Contractor Personnel

13.

52.209-6

Protecting the Government’s

Interest when Subcontracting with Contractors Debarred, Suspended or Proposed for

Debarment

(Clauses 14 through 17 apply to contracts awarded via Sealed Bidding.)

14.

52.214-26

Audit and Records - Sealed

MAR 09

Bidding

15.

52.214-27

Price Reduction for Defective

OCT 97

Cost or Pricing Data -

Modifications - Sealed Bidding

16.

52.214-28

Subcontractor Cost or Pricing

Data - Modifications - Sealed

17.

52.214-29

Order of Precedence - Sealed

JAN 86

(Clauses 18 through 26 apply to contracts awarded via Negotiation.)

18.

52.215-2

Audit and Records - Negotiation

MAR 09

19.

52.215-8

Order of Precedence

- Uniform

Contract Format

20.

52.215-10

Price Reduction for Defective

Cost or Pricing Data

21.

52.215-12

Subcontractor Cost or Pricing

Data

22.

52.215-15

Pension Adjustment and Asset

DEC 98

Reversions

23.

52.215-16

Facilities Capital Cost of Money

JUN 03

24.

52.215-17

Waiver of Facilities Capital

Cost of Money

25.

52.215-18

Reversion or Adjustment of Plans

JUL 05

for Post-Retirement Benefits (PRB) other than Pensions

26.

52.215-19

Notification of Ownership Changes OCT 97

27.

52.219-8

Utilization of Small Business

MAY 04

Concerns

28.

52.219-9

Small Business Subcontracting

APR 08

Plan [Alternate I (OCT 01) applies to Sealed Bidding] 29.

52.219-16

Liquidated Damages -

JAN 99

Subcontracting Plan

30.

52.219-28

Post-Award Small Business Program

APR 09

Re-representation

31.

52.222-1

Notice to the Government of Labor

FEB 97

Disputes

32.

52.222-3

Convict Labor

JUN 03

33.

52.222-4

Contract Work Hours and Safety

JUL 05

Standards Act - Overtime

Compensation

34.

52.222-21

Prohibition of Segregated

FEB 99

Facilities

35.

52.222-26

Equal Opportunity

MAR 07

36.

52.222-36

Affirmative Action for Workers

JUN 98

with Disabilities

37. 52.222-35

Equal Opportunity for Special

SEP 06

Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

38. 52.222-37

Employment Reports on Special

SEP 06

Disabled Veterans, Veterans of the Vietnam Era, and Other

Eligible Veterans

39.

52.222-39

Notification of Employee Rights

DEC 04

Concerning Payment of Union Dues

Or Fees

40.

52.222-50

Combating Trafficking in Persons

FEB 09

41.

(DELETED)

42.

52.223-3

Hazardous Material Identification and Material Safety Data

- Alternate I (JUL 95) 43.

52.223-5

Pollution Prevention & Right-to-

AUG 03

Know Information

44.

52.223-6

Drug-Free Workplace

MAY 01

45.

52.223-10

Waste Reduction Program

AUG 00

46.

52.223-11

Ozone Depleting Substances

MAY 01

47.

52.223-12

Refrigeration Equipment and Air

MAY 95

Conditioners

48.

52.223-14

Toxic Chemical Release Reporting

AUG 03

(Applies to competitively awarded contracts exceeding $100,000) 49.

52.225-1

Buy American Act – Supplies

(Applies to contracts <$25,000 or to small business set-asides of any dollar value)

50. 52.225-3

Buy American Act – Free Trade

Agreements - Israeli Trade Act

(Applies to contracts of $25,000 or more, but less than $194,000, unless set-aside for small business)

51. 52.225-5

Trade Agreements (Applies to

MAR 09

contracts of $194,000 or more unless set-aside for small business) 52.

52.225-13

Restrictions on Certain Foreign

JUN 08

Purchases

53.

52.227-1

Authorization and Consent

DEC 07

54.

52.227-2

Notice and Assistance Regarding

Patent and Copyright Infringement

55.

52.227-3

Patent Indemnity

56.

52.228-5

Insurance - Work on a Government

Installation

57.

52.229-3

Federal, State and Local Taxes

APR 03

(Applies to competitive awards)

58.

52.229-4

Federal, State and Local Taxes

APR 03

(State and Local Adjustments)

(Applies to non-competitive awards)

(Clauses 59 through 61 do not apply to any of the following: contracts awarded via sealed bidding; contracts and subcontracts awarded to small business concerns; contracts and subcontracts of $650,000 or less; firm fixed-price contracts awarded on the basis of adequate price competition without the submission of cost or pricing data; any other contract or subcontract exempted by FAR Appendix 9903.201-1.)

59.

52.230-2

Cost Accounting Standards

OCT 08

60.

52.230-3

Disclosure and Consistency of

OCT 08

Cost Accounting Practices

61.

52.230-6

Administration of Cost Accounting

MAR 08

Standards

62.

52.232-1

Payments

63.

52.232-8

Discounts for Prompt Payment

FEB 02

64.

52.232-11

Extras

65.

52.232-17

Interest

66.

52.232-23

Assignment of Claims

JAN 86

67.

52.232-25

Prompt Payment

68.

52.232-33

Payment by Electronic Funds

OCT 03

Transfer – Central

Contractor Registration

69.

52.233-1

Disputes –

JUL 02

Alternate I (DEC 91)

70.

52.233-3

Protest After Award

AUG 96

71.

52.233-4

Applicable Law for Breach of

OCT 04

Contract Claim

72.

52.236-13

Accident Prevention

NOV 91

73.

52.237-2

Protection of Government

Buildings, Equipment, and

Vegetation

74.

52.242-13

Bankruptcy

JUL 95

75.

52.243-1

Changes-Fixed Price –

AUG 87

Alternate I (APR 84)

76.

52.244-6

Subcontracts for Commercial Items

MAR 09

77.

52.246-25

Limitation of Liability - Services

FEB 97

78.

52.248-1

Value Engineering

FEB 00

79.

52.249-4

Termination for the Convenience of the Government (Services)

(Short Form)

80.

52.249-8

Default (Fixed Price Supply and Service)

81.

52.253-1

Computer Generated Forms

JAN 91

B.

GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION

(GSAR) CLAUSES:

552.203-71 Restriction on Advertising

SEP 99

2.

552.215-70 Examination of Records by GSA

FEB 96

3.

552.228-70 Workers' Compensation Laws

SEP 99

4.

552.232-73 Availability of Funds

SEP 99

552.237-71 Qualifications of Employees

MAY 89

6.

552.243-70 Pricing of Adjustments

APR 89

II. CLAUSES INCORPORATED IN FULL TEXT: The complete text of the contract clauses listed below is provided in this Section.

These clauses are incorporated in full text because they contain approved Deviations to Federal Acquisition Regulation (FAR) language; contain information specific to GSA Region 3 procurements; or are otherwise unsuitable for incorporation by reference.

A. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

52.211-1

Availability of Specifications

AUG 98

Listed in the GSA Index of

Federal Specifications, Standards and Commercial Item

Descriptions, FPMR Part 101-29

52.223-2

Affirmative Procurement of

Biobased Products Under Service

And Construction Contracts

3.

52.223-9

Estimate of Percentage of

MAY 08

Recovered Materials Content for

EPA-Designated Products –

Alternate I (MAY 2008)

4.

52.223-5

Energy Efficiency in Energy-

Consuming Products

52.223-17

Affirmative Procurement of EPA-

MAY 08

Designated Items in Service and

Construction Contracts

52.233-2

Service of Protest

B.

GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION

(GSAR) CLAUSES:

552.252-6

Authorized Deviations in

SEP 99

Clauses (DEVIATION FAR 52.252-6)

552.232-78 Payment Information

JUL 00

FULL TEXT OF FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

FAR 52.211-1, AVAILABILITY OF SPECIFICATIONS LISTED IN THE GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL ITEM DESCRIPTIONS, FPMR 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L’Enfant Plaza SW, Washington DC 20407.

Telephone (202) 619-8925 Facsimile (202) 619-8978

(b) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (a) of this provision. Additional copies will be issued for a fee. (End of provision)

2. FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (DEC 2007)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States Department of Agriculture (USDA)-designated items unless---

(1) The product cannot be acquired---

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 2902.10 et seq.). For example, some USDA-designated items such as mobile equipment hydraulic fluids, diesel fuel additives, and penetrating lubricants are excluded from the preferred procurement requirement for the application of the USDA-designated item to one or both of the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or a system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.usda.gov/biopreferred. (End of clause)

3. FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-DESIGNATED PRODUCTS (MAY 2008) – ALT I (MAY 2008)

(a) Definitions. As used in this clause – “Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material”.

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 962(I)(2)(C)):

CERTIFICATION

I, _____________________________________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

Signature of the Officer or Employee

Typed Name of the Officer or Employee

Title

Name of Company, Firm or Organization

Date

(c) The Contractor, on completion of this contract, shall –

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to the Contracting Officer:

ESTIMATE

EPA

designated item Total dollar value of EPA designated item Percentage of recovered material content*

*Where applicable, also include the percentage of post consumer material content. (End of clause)

4. FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)

(a) Definition. As used in this clause---

“Energy-efficient product”---

(1) Means a product that---

(i) Meets Department of Energy and Environmental Protection Agency criteria for use of the Energy Star trademark label; or

(ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy’s Federal Energy Management Program.

(2) The term “product” does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b).

(b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR® products or FEMP-designated products) at the time of contract award, for products that are---

(1) Delivered;

(2) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(3) Furnished by the Contractor for use by the Government; or

(4) Specified in the design of a building or work, or incorporated during its construction, renovation or maintenance.

(c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless---

(1) The energy-consuming product is not listed in the ENERGY STAR® Program or FEMP; or

(2) Otherwise approved in writing by the Contracting Officer.

(d) Information about these products is available for---

(1) ENERGY STAR® at http://www.energystar.gov/products;and

(2) FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html. (End of clause)

5. FAR 52.223-17, AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired---

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm. (End of clause)

FAR 52.233-2, SERVICE OF PROTEST (SEP 2006).

(a) Protests, as defined in Section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

General Services Administration, Region 3

Attn: (Insert Contracting Officer’s Name)

20 N. 8th Street, Philadelphia, PA 19107

(b) The copy of any protest shall be received in the offices designated above within one day of filing a protest with the GAO. (End of provision)

FULL TEXT OF GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION (GSAR) CLAUSES:

1.

GSAR 552.252-6, AUTHORIZED DEVIATIONS IN CLAUSES (SEP 99) (DEVIATION FAR 52.252-6)

(a) Deviations to FAR Clauses.

(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of "(DEVIATION)" after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of "(DEVIATION (FAR clause no.))" after the date of the clause.

(b) Deviations to GSAR Clauses. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of "(DEVIATION)" after the date of the clause. (c) "Substantially the same as" clauses. Changes in wording of clauses prescribed for use on a "substantially the same as” basis are not considered deviations. (End of clause)

2.

GSAR 552.232-78 PAYMENT INFORMATION (JUL 2000)

The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies. (End of clause)

GSA SERVICE CONTRACT CLAUSES BY REFERENCE REV. APR 2009

REGION 3