Attachment 2 - SECTION I CONTRACT CLAUSES.pdf

SECTION I – CONTRACT CLAUSES

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 these addresses:

Federal Acquisition Regulations http://www.acquisition.gov/far

Agriculture Acquisition Regulations http://www.usda.gov/procurement/policy/agar.html

Clauses Incorporated By Reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.203-6. Restrictions on Subcontractor Sales to the Government (SEP 2006)

52.203-13 Contractor Code of Business Ethics and Conduct (OCT 2015)

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN

2010)

52.203-19 Prohibition of Requiring Certain Internal Confidentiality Agreements or Statements. (JAN

2017)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (JUN 2016)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018)

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (FEB 2016)

52.211-11 Liquidated Damages – Supplies, Services, or Research and Development. (SEP 2000)

52.212-1 Instructions to Offerors – Commercial Items. (OCT 2018)

52.212-3 Offeror Representations and Certifications-Commercial Items. (DEC 2019)

52.212-4. Contract Terms and Conditions -- Commercial Items (OCT 2018)

52.212-5. Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (AUG 2019)

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. (OCT 2018) http://www.acquisition.gov/far http://www.usda.gov/procurement/policy/agar.html

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

52.209- 11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal law. (FEB 2016)

52.211-11 Liquidated Damages – Supplies, Services, or Research and Development (SEP 2000)

52.212-1 Instructions to Offerors – Commercial Items (OCT 2018)

52.212-3 Offeror Representations and Certifications-Commercial Items. (DEC 2019)

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders – Commercial Items. (JAN 2020)

52.216-22 Indefinite Quantity (OCT 1995)

52.217-4 Evaluation of Option to Exercised at Time of Contract Award. (JUN 1988) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate the total price for the basic requirement together with any option(s) exercised at the time of award.

52.217-5 Evaluation of Options. (JUL 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-6 Option for Increased Quantity (MAR 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within [insert in the clause the period of time in which the Contracting Officer has to exercise the option]. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

52.217-7 Option for Increased Quantity - Separately Priced Line Item. (MAR 1989) The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.217-8 Option to Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

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 within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 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.

52.219-16 Liquidated Damages – Subcontracting Plan. (JAN 1999)

52.219-28 Post-Award Small Business Program Representation (JUL 2013)

52.222-3 Convict Labor (JUNE 2003)

52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-26 Equal Opportunity (SEP 2016)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

52.222-37 Employment Reports on Veterans (FEB 2016)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

52.222-41 Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

52.222-50 Combating Trafficking in Persons (JAN 2019)

52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

52.222-54, Employment Eligibility Verification (Aug 2013).

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

52.225-26 Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

52.232-33 Payment by Electronic Funds Transfer—System for Award Management (OCT 2018)

52.233-3 Protest after Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

52.237-1 Site Visit.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. (APR 1984)

52.237-3 Continuity of Services. (JAN 1991)

52.246-4 Inspection of Services – Fixed-Price. (AUG 1996)

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

AGAR 452.219-70 Size Standard and NAICS Code Information (SEP 2001)

The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:

NAICS Code 333120 – Construction Machinery Manufacturing Size Standard – 500 Employees

(END OF SECTION)