Uniform Clauses.pdf

FAR Clauses Incorporated by Reference:

52.202-1 DEFINITIONS (JAN 2012)

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEPT 2006)

52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (AUG 2012)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (DEC 2010)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING

RESPONSIBILITY MATTERS (FEB 2012)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (MAY 2012)

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (JAN 2017)

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (FEB 2012)

52.217-5 EVALUATION OF OPTIONS (JULY 1990)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE

SMALL BUSINESS CONCERNS (JAN 2011)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS

(JAN 2011) 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN

(JAN 2011) 52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN

(JAN 1999)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (APR 2012)

52.222-3 CONVICT LABOR (JUNE 2003)

52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (MAR 2012)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

52.222-26 EQUAL OPPORTUNITY (MAR 2007)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT—

PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009)

52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

52.223-18 Encouraging Contractor Policies to ban text messaging while driving (AUG 2011)

52.225-1 BUY AMERICAN ACT—SUPPLIES (FEB 2009)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUNE 2008)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION

AND CERTIFICATIONS (DEC 2012)

52.232-25 PROMPT PAYMENT (OCT 2008)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—

CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

52.233-1 DISPUTES (JULY 2002)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (SHORT FORM) (APR 1984)

D.2 FAR Clauses in Full Text:

52.204-1 Approval of Contract (Dec 1989)

This contract is subject to the written approval of Mr. Dwayne Cross, Contracting Officer, and shall not be binding until so approved.

(End of clause)

52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor at any time during the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.

(End of clause)

52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Deviation)

(Aug 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(End of clause)

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/these address(es):

http://www.acquisition.gov/far/

D.3. TAR Clauses:

The following Transportation Acquisition Regulation (TAR) clauses are applicable to this contract.

D.3.1 TAR Clause Incorporated By Reference

1252.242-72 Dissemination of Contract Information (Oct 1994)

D.3.2 TAR Clauses in Full Text

1252.223-73 Seat Belt Use Policies and Programs (Apr 2005)

In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated

April 16, 1997, the contractor is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information on how to implement such a program or for statistics on the potential benefits and cost-savings to your company or organization, please visit the Buckle Up America section of NHTSA’s website at www.nhtsa.dot.gov. Additional resources are available from the Network of Employers for Traffic

Safety (NETS), a public-private partnership headquartered in the Washington, D.C. metropolitan area, and dedicated to improving the traffic safety practices of employers and employees. NETS is prepared to help with technical assistance, a simple, user friendly program kit, and an award for achieving the President’s goal of 90 percent seat belt use. NETS can be contacted at 1-888-221-0045 or visit its website at www.trafficsafety.org.

D.4 PHMSA Clauses and Statements

The following PHMSA clauses and statements are applicable to this contract.

Call Before You Dig Program (Sep 2012)

Damage to pipelines during excavation is a leading cause of accidents resulting in serious injuries and fatalities, but these accidents are preventable, and you can help in preventing them.

811 is designated as the national call-before-you-dig number. Every state has a one-call law requiring excavators to have underground utilities marked before digging.

There are five steps to safer digging:

1. Make a free call to 811 a few days before digging.

2. Wait the required time – which is prescribed in state law but generally two to three days.

3. Locate/mark the utilities accurately. (This step applies to underground facility/utility owners.)

4. Respect the marks.

5. Dig with care.

The contractor is encouraged to adopt the “811, Call Before You Dig” program for its employees when digging on company-owned, leased, or personally-owned property. For information on how to http://www.trafficsafety.org/ implement such a program please visit the 811 – Call Before You Dig section of the Pipeline and

Hazardous Materials Safety Administration (PHMSA) website at www.phmsa.dot.gov.

The contractor shall include the substance of this clause in all subcontracts that exceed the micro-purchase threshold.

Safeguarding Classified Information (PHMSA January 2011)

Pipeline and Hazardous Materials Safety Administration (PHMSA) contractor employees are obligated to protect classified information pursuant to all applicable laws, and to use Government information technology systems in accordance with PHMSA and Department of Transportation

(DOT) procedures so that the integrity of such systems is not compromised.

Unauthorized disclosure of classified documents (whether in print, on a blog, or on a web site) does not alter the documents’ classified status or automatically result in declassification of the documents. To the contrary, classified information, whether or not already posted on public websites or disclosed to the media, remains classified, and must be treated as such by contractor employees, until it is declassified by an appropriate U.S. Government authority

PHMSA contractor employees:

1. except as authorized by the Director, Office of Security (M-40), or other authorized DOT officials, and pursuant to PHMSA/DOT policies and procedures, shall not, while using computers or other devices (such as Blackberries or Smart Phones) that access the Web on non-classified

Government systems, access documents that are marked classified (including classified documents publicly available on WikiLeaks and other web sites), as doing so risks that classified material will be placed onto non-classified systems. This requirement applies to access that occurs either through

PHMSA/DOT or contractor computers, or through contractors’ personally owned computers that access non-classified Government systems. This requirement does not restrict PHMSA contractor employee access to non-classified, publicly available news reports (and other non-classified material) that may, in turn, discuss classified material.

2. shall not access classified material unless:

- a favorable determination of the person’s eligibility for access has been made by the DOT

Director of the Office of Security (M-40) or another authorized DOT official,

- the person has signed an approved non-disclosure agreement,

- the person has a need to know the information, and

- the person has received contemporaneous training on the proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure.

3. shall not remove classified information from official premises or disclose that information without proper authorization.

4. who believe they may have inadvertently accessed or downloaded classified or sensitive information on computers that access the web via non-classified Government systems, or without prior authorization, should contact their information security offices for assistance.

Contractor Policy to Ban Text Messaging While Driving

a) Definitions. The following definitions are intended to be consistent with the definitions in DOT

Order 3902.10 and the E.O. For clarification purposes, they may expand upon the definitions in the

E.O.

"Driving"-

(1) Means operating a motor vehicle on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.

(2) It does not include being in your vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to remain stationary.

"Text messaging" means reading from or entering data into any handheld or other electronic device, including for the purpose of short message service texting, e-mailing, instant messaging, obtaining navigational information, or engaging in any other form of electronic data retrieval or electronic data communication. (See definition in DOT Order 3902.10)

(b) In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging

While Driving, October 1,2009, and DOT Order 3902.10, Text Messaging While Driving, December

30,2009, contractors and subcontractors are encouraged to:

(1) Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving--

(i) Company-owned or -rented vehicles or Government-owned, leased or rented vehicles; or

(ii) Privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government.

(2) Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as-

(i) Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

(ii) Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph

(c), in all subcontracts that exceed the micro-purchase threshold, other than subcontracts for the acquisition of commercially available off-the-shelf items.

DOT Short-Term Lending Program (DOT STLP)

ATTENTION: Small and Disadvantaged (SDB), Women-Owned, and Disadvantaged Business

Enterprises (DBEs)! The Department of Transportation’s (DOT), Short-Term Lending Program

(STLP) offers working capital financing in the form of lines of credit to finance accounts receivable for transportation related contracts.

The Maximum line of credit is $750,000. The STLP loan has a variable rate, which is connected to the prime rate. The current rate may be found on the OSDBU website http://osdbuweb.dot.gov or call 1-(800) 532-1169.

Contractor Issued Announcements

1. The recipient of this award must provide, in advance, to the PHMSA Contracting Officer, for review and concurrence, any proposed:

- post-award announcement/press release when the content refers to PHMSA.

- article, for publication or presentation, in which PHMSA is mentioned.

2. The recipient of this award must include the following statement in articles for publication or presentation resulting from this award:

“This work was funded in part, under the Department of Transportation, Pipeline and Hazardous

Materials Safety Administration. The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the official policies, either expressed or implied, of the Pipeline and Hazardous Materials Safety Administration, the Department of

Transportation, or the U.S. Government.”