NPSBN_Section_I_Contract_Clauses_AMEND_008_(3).pdf

Solicitation No. D15PS00295 – Section I Contract Clauses

Page i Amendment 008

Table of Contents I Contract Clauses ...................................................................................................................................... I-1

I.1 52.252-2 Clauses Incorporated by Reference (FEB 1988).............................................................. I-1

I.2 Department of the Interior Acquisition Regulation (DIAR)............................................................ I-4

I.3 Department of Commerce Acquisition Regulation (CAR) .............................................................. I-4

I.4 Federal Acquisition Regulation ...................................................................................................... I-5

I.4.1 52.211-11 Liquidated Damages—Supplies, Services, or Research and Development (SEP 2000) .................................................................................................. I-5

I.4.2 FAR 52.216-18 Ordering (OCT 1995) ................................................................................ I-5 I.4.3 FAR 52.216-19 Ordering Limitations (OCT 1995) .............................................................. I-5 I.4.4 FAR 52.216-22 Indefinite Quantity (OCT 1995) ................................................................ I-6 I.4.5 FAR 52.219-28 Post-Award Small Business Program Representation (JUL 2013) ............ I-6 I.4.6 FAR 52.222-35 Equal Opportunity for Veterans (JUL 2014) ............................................. I-7 I.4.7 FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014) .................... I-8 I.4.8 FAR 52.224-1 Privacy Act Notification (JUL 1996) (Deviation) ......................................... I-8 I.4.9 FAR 52.252-6 – Authorized Deviation in Clauses (FEB 1998)............................................ I-8

I.5 Department of the Interior Acquisition Regulation (DIAR)............................................................ I-9

I.6 Department of Commerce Acquisition Regulation (CAR) .............................................................. I-9

I.6.1 1352.216-76 Placement of Orders (APR 2010) ................................................................. I-9

I.7 RESERVED ....................................................................................................................................... I-9

Page I-1 Amendment 008

I Contract Clauses

I.1 52.252-2 Clauses Incorporated by Reference (FEB 1988)

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):

FAR Clauses: http://www.acquisition.gov/comp/far/loadmainre.html

CAR Clauses: http://farsite.hill.af.mil/vfcara.htm

DIAR Clauses: http://farsite.hill.af.mil/vfdiara.htm

Table 1 FAR Clauses Incorporated by Reference

Clause Title Date

52.202-1 Definitions NOV 2013

52.203-3 Gratuities APR 1984

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

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity MAY 2014

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010

52.203-14 Display of Hotline Poster(s) DEC 2007

52.203-16 Preventing Personal Conflicts of Interest DEC 2011

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

APR 2014

52.204-2 Security Requirements AUG 1996

52.204-4 Printed or Copied Double-Sided on Recycled Paper MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUL 2013

52.204-13 System for Award Management Maintenance JUL 2013

52.204-15 Service Contract Reporting Requirements for Indefinite Delivery Contracts

JAN 2014

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

DEC 2014

52.210-1 Market Research APR 2011 http://www.acquisition.gov/comp/far/loadmainre.html http://farsite.hill.af.mil/vfcara.htm http://farsite.hill.af.mil/vfdiara.htm

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Clause Title Date

52.211-5 Material Requirements APR 2000

52.211-11 Has been incorporated in full text; see Section I.4.1, 52.211-11 Liquidated Damages—Supplies, Services, or Research and Development (SEP 2000)

SEP 2000

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52.215-2 Audit and Records – Negotiation OCT 2010

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

[Clause removed in its entirety]

[Clause removed in its entirety]

52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010

52.215-13 Subcontractor Certified Cost or Pricing Data – Modifications

OCT 2010

52.215-14 Integrity of Unit Prices OCT 2010

52.215-15 Pension Adjustments and Asset Reversions OCT 2010

52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions

JUL 2005

52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data—Modifications

OCT 2010

52.217-8 Option to Extend Services NOV 1999

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 2014

52.219-8 Utilization of Small Business Concerns MAY 2014

52.219-9 Small Business Subcontracting Plan

ALTERNATE II – OCT 2001

OCT 2015

52.219-16 Liquidated Damages—Subcontracting Plan JAN 1999

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

MAY 2014

52.222-3 Convict Labor JUN 2003

52.222-4 Contract Work Hours and Safety Standards Act— Overtime Compensation Remedies

MAY 2014

52.222-21 Prohibition of Segregated Facilities APR 2015

52.222-26 Equal Opportunity APR 2015

52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, & Other Eligible Veterans

JUL 2014

52.222-40 Notification of Employee Rights under the National Labor Relations Act

DEC 2010

52.222-50 Combat Trafficking in Persons

52.222-54 Employment Eligibility Verification

52.222-55 Minimum Wages Under Executive order 13658 DEC 2014

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-14 Acquisition of EPEAT®-Registered Televisions JUN 2014

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts

MAY 2008

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-6 Drug-Free Workplace MAY 2001

52.223-10 Waste Reduction Program MAY 2011

52.223-13 Acquisition of EPEAT® - Registered Imaging Equipment JUN 2014

52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007

52.223-16 Acquisition of EPEAT® -Registered Personal Computer Products

JUN 2014

Page I-3

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

AUG 2011

52.224-2 Privacy Act APR 1984

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.225-25 Prohibition on Contracting with Entities Engaging in Sanctioned Activities Relating to Iran— Representation and Certification

DEC 2012

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

DEC 2007

52.227-3 Patent Indemnity APR 1984

52.227-14 Rights in Data—General (applicable to other than Special Works) Alternate II – DEC 2007

DEC 2007

52.227-17 Rights in Data—Special Works DEC 2007

52.227-19 Commercial Computer Software License DEC 2007

52.227-22 Major System -- Minimum Rights JUN 1987

52.228-5 Insurance—Work on a Government Installation JAN 1997

52.229-3 Federal, State, and Local Taxes FEB 2013

52.232-1 Payments APR 1984

52.232-6 Payments Under Communication Service Contracts with Common Carriers

APR 1984

52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts

AUG 2012

52.232-8 Discount for Prompt Payment FEB 2002

52.232-9 Limitation on Withholding of Payments APR 1984

52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014

52.232-23 Assignment of Claims

MAY 2014

52.232-25 Prompt Payment JUL 2013

52.232-33 Payment by Electronic Funds Transfer-- Central Contractor Registration

JUL 2013

52.239-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-1 Disputes--Alternate I DEC 1991

52.233-3 Protest After Award AUG 1996

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

52.237-2 Protection of Government Buildings, Equipment and Vegetation

APR 1984

52.237-3 Continuity of Services JAN 1991

52.239-1 Privacy and Security Safeguards AUG 1996

52.242-1 Notice of Intent to Disallow Costs APR 1984

52.242-3 Penalties for Unallowable Costs MAY 2014

52.242-4 Certification of Final Indirect Costs JAN 1997

52.242-13 Bankruptcy JUL 1995

52.243-1 Changes—Fixed Price Alternate II (APR 1984)

AUG 1987

Page I-4

52.243-3 Changes—Time-and-Materials or Labor-Hours SEPT 2000

52.243-7 Notification of Changes APR 1984

52.244-2 Subcontracts OCT 2010

52.244-5 Competition in Subcontracting DEC 1996

52.244-6 Subcontracts for Commercial Items APR 2015

52.245-1 Government Property APR 2012

52.245-9 Use and Charges APR 2012

52.246-19 Warranty of Systems and Equipment under Performance Specifications or Design Criteria

MAY 2001

52.247-1 Commercial Bill of Lading Notations FEB 2006

52.248-1 Value Engineering OCT 2010

52.249-2 Termination for Convenience of the Government (Fixed Price)

APR 2012

52.249-8 Default (Fixed-Price Supply and Service) APR 1984

52.249-14 Excusable Delays APR 1984

52.251-1 Government Supply Sources APR 2012

52.253-1 Computer Generated Forms JAN 1991

I.2 Department of the Interior Acquisition Regulation (DIAR)

The contract clauses set forth in the following paragraphs of the Department of the Interior Acquisition Regulation (DIAR) are incorporated in this contract with the same force and effect as though set forth herein in full text. The designated clauses are incorporated as they appear in the DIAR on the date of this contract, notwithstanding the date referenced. The clauses may be viewed at:

http://farsite.hill.af.mil/vfdiara.htm

Table 2 DIAR Clauses Incorporated

1452.203-70 Restriction on Endorsements – Department of the Interior (DIAR)

JUL 1996

1452.215-70 Examination of Records by the DOI APR 1984

1452.228-70 Liability Insurance—DOI

I.3 Department of Commerce Acquisition Regulation (CAR)

The contract clauses set forth in the following paragraphs of the Department of Commerce Acquisition Regulation (CAR) are incorporated in this contract with the same force and effect as though set forth herein in full text. The designated clauses are incorporated as they appear in the DIAR on the date of this contract, notwithstanding the date referenced. The clauses may be viewed at:

http://farsite.hill.af.mil/vfcara.htm

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Table 3 CAR Clauses Incorporated

Clause Title Date

1352.201-70 Contracting Officers Authority (CAR) APR 2010

1352.209-72 Restrictions Against Disclosure APR 2010

1352.209-73 Compliance with the Laws APR 2010

1352.209-74 Organizational Conflict of Interest APR 2010

1352.239-72 Security Requirements for Information Technology Resources

DEC 1994

I.4 Federal Acquisition Regulation

The contract clauses set forth as follows are the Federal Acquisition Regulation (FAR) clauses.

I.4.1 52.211-11 Liquidated Damages—Supplies, Services, or Research and Development

(SEP 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $238,233.00 (but the total aggregate amount of the liquidated damages under this clause shall not exceed $86,955,057.00) per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default—Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default—Fixed-Price Supply and Service clause in this contract.

(End of clause)

I.4.2 FAR 52.216-18 Ordering (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract throughout the life of the contract.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

I.4.3 FAR 52.216-19 Ordering Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of unlimited dollar value;

(2) Any order for a combination of items in excess of unlimited dollar value; or

(3) A series of orders from the same ordering office within zero days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one (1) days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

I.4.4 FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after expiration of the current period of performance of the IDIQ contract or individual order, whichever is later.

(End of Clause)

I.4.5 FAR 52.219-28 Post-Award Small Business Program Representation (JUL 2013)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of

Page I-6.1 Amendment 008 performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall re-represent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract

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Page I-7

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall re-represent its size status in accordance with the size standard in effect at the time of this re-representation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following representation and submit it to the contracting office, along with the contract number and the date on which the representation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code _____ assigned to contract number ________.[Contractor to sign and date and insert authorized signer's name and title].

(End of clause)

I.4.6 FAR 52.222-35 Equal Opportunity for Veterans (JUL 2014)

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

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,” “disabled veteran,” “protected veteran,” “qualified disabled veteran,’ and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

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(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate of identify properly the parties and their undertakings.

(End of Clause)

I.4.7 FAR 52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60.741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of Clause)

I.4.8 FAR 52.224-1 Privacy Act Notification (JUL 1996) (Deviation)

The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C.552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties.

Applicable Department of the Interior regulations concerning the Privacy Act are set forth in 43 CFR 2, subpart D. The CFR is available for public inspection at the Departmental Library, Main Interior Bldg., 1849 C St. NW, Washington DC, at each of the regional offices of bureaus of the Department and at many public libraries.

(End of Clause)

I.4.9 FAR 52.252-6 – Authorized Deviation in Clauses (FEB 1998)

(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition Regulation (FAR) may be submitted on a computer generated version of the form, provided there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional Form number and edition date.

(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.

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(c) If the Contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the required form.

(End of Clause)

I.5 Department of the Interior Acquisition Regulation (DIAR)

The contract clauses set forth as follows are the Department of the Interior Acquisition Regulation (DIAR) clause.

I.6 Department of Commerce Acquisition Regulation (CAR)

The contract clauses set forth as follows are the Department of Commerce Acquisition Regulation (CAR) clauses.

I.6.1 1352.216-76 Placement of Orders (APR 2010)

(a) The contractor shall provide goods and/or services under this contract only as directed in orders issued by authorized individuals. In accordance with FAR 16.505, each order will include:

(1) Date of order;

(2) Contract number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the contract;

(9) Any other pertinent information.

(b) In accordance with FAR 52.216–18, Ordering, the following individuals (or activities) are authorized to place orders against this contract:

(c) If multiple awards have been made, the contact information for the DOC task and delivery order ombudsman is not applicable.

(End of clause)

I.7 RESERVED