Attch_7_DRAFT_GEODSS_Provisions_and_Clauses.pdf

CLAUSES INCORPORATED BY REFERENCE

CLAUSE NO. CLAUSE TITLE YEAR-MO SECTION

VARIATION

NAME DATE

252.201-7000 Contracting Officer's Representative 1991-12 SEC G

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 SEC I

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related

Felonies.

2008-12 SEC I

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 SEC I

252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause:

2012-12 SEC I

252.203-7005 Representation Relating to Compensation of Former DoD Officials. As prescribed in 203.171-4(b), insert the following provision:

2011-11 SEC K

252.204-7003 Control of Government Personnel Work Product. 1992-04 SEC I

252.204-7005 Oral Attestation of Security Responsibilities. 2001-11 SEC I

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 SEC I

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber

Incident Information.

2016-10 SEC I

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2016-10 SEC I

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 SEC I

252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 SEC I

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a

Country that is a State Sponsor of Terrorism.

2015-10 SEC I

252.211-7007 Reporting of Government-Furnished Property. 2012-08 SEC I

252.222-7002 Compliance with Local Labor Laws (Overseas). 1997-06 SEC I

252.222-7004 Compliance with Spanish Social Security Laws and Regulations. 1997-06 SEC I

252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 SEC I

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 SEC I

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 SEC I

252.225-7001 Buy American and Balance of Payments Program. 2017-12 SEC I

252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 SEC I

252.225-7005 Identification of Expenditures in the United States. 2005-06 SEC I

252.225-7012 Preference for Certain Domestic Commodities. 2017-12 SEC I

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 SEC I

252.225-7041 Correspondence in English. 1997-06 SEC I

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. 2015-06 SEC I

252.225-7048 Export-Controlled Items. 2013-06 SEC I

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns.

2004-09 SEC I

252.228-7006 Compliance with Spanish Laws and Insurance. 1998-12 SEC I

252.229-7005 Tax Exemptions (Spain). 2012-03 SEC B

252.229-7006 Value Added Tax Exclusion (United Kingdom) 2011-12 SEC B

252.229-7007 Verification of United States Receipt of Goods. 1997-06 SEC B

252.231-7000 Supplemental Cost Principles 1991-12 SEC G

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 SEC G

252.232-7008 Assignment of Claims (Overseas). 1997-06 SEC G

252.232-7010 Levies on Contract Payments. 2006-12 SEC I

252.233-7001 Choice of Law (Overseas). 1997-06 SEC I

252.236-7000 Modification Proposals--Price Breakdown. 1991-12 SEC G

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 SEC I

252.237-7022 Services at Installations Being Closed. 1995-05 SEC I

252.239-7001 Information Assurance Contractor Training and Certification. 2008-01 SEC I

252.239-7010 Cloud Computing Services. 2016-10 SEC I

252.242-7004 Material Management and Accounting System. 2011-05 SEC I

252.242-7006 Accounting System Administration. 2012-02 SEC I

252.243-7001 Pricing of Contract Modifications. 1991-12 SEC I

252.243-7002 Requests for Equitable Adjustment. 2012-12 SEC I

252.244-7000 Subcontracts for Commercial Items 2013-06 SEC I

252.244-7001 Contractor Purchasing System Administration. 2014-05 SEC I

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04 SEC E

252.245-7002 Reporting Loss of Government Property. 2017-12 SEC I

252.245-7003 Contractor Property Management System Administration. 2012-04 SEC I

252.251-7000 Ordering From Government Supply Sources 2012-08 SEC I

52.202-1 Definitions. 2013-11 SEC I

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 SEC I

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions.

2007-09 SEC K

52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 SEC I

52.203-13 Contractor Code of Business Ethics and Conduct. 2015-10 SEC I

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights.

2014-04 SEC I

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation.

2017-01 SEC I

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements.

2017-01 SEC I

52.203-5 Covenant Against Contingent Fees. 2014-05 SEC I

52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 SEC I

52.203-7 Anti-Kickback Procedures. 2014-05 SEC I

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. 2014-05 SEC I

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 SEC I

52.204-13 System for Award Management Maintenance. 2018-10 SEC I

52.204-16 Commercial and Government Entity Code Reporting. 2016-07 SEC K

52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 SEC I

52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 SEC I

52.204-2 Security Requirements. 1996-08 SEC I

52.204-2 Security Requirements. - (Alternate II) 1996-08 SEC I

Alternate

II 1984-04

52.204-22 Alternative Line Item Proposal. 2017-01 SEC I

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities.

2018-07 SEC I

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 SEC I

52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 SEC I

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 SEC I

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment.

2015-10 SEC I

52.210-1 Market Research. 2011-04 SEC I

52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 SEC I

52.216-9 Fixed Fee-Construction. 2011-06 SEC I

52.219-13 Notice of Set-Aside of Orders. 2011-11 SEC I

52.222-17 Nondisplacement of Qualified Workers. 2014-05 SEC I

52.222-21 Prohibition of Segregated Facilities. 2015-04 SEC I

52.222-27 Affirmative Action Compliance Requirements for Construction. 2015-04 SEC I

52.222-29 Notification of Visa Denial. 2015-04 SEC I

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately

Specified Method).

2018-08 SEC I

52.222-33 Notice of Requirement for Project Labor Agreement. 2010-05 SEC K

52.222-34 Project Labor Agreement. 2010-05 SEC I

52.222-41 Service Contract Labor Standards. 2018-08 SEC I

52.223-10 Waste Reduction Program. 2011-05 SEC I

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 SEC I

52.223-5 Pollution Prevention and Right-to-Know Information. 2011-05 SEC I

52.224-3 Privacy Training. 2017-01 SEC I

52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 SEC I

52.229-6 Taxes-Foreign Fixed-Price Contracts. 2013-02 SEC I

52.232-17 Interest. 2014-05 SEC I

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 SEC I

52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 SEC I

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 SEC I

52.233-1 Disputes. 2014-05 SEC I

52.233-3 Protest after Award. 1996-08 SEC I

52.233-3 Protest after Award. - (Alternate I) 1996-08 SEC I

Alternate

I 1985-06

52.233-4 Applicable Law for Breach of Contract Claim. 2004-10 SEC I

52.236-10 Operations and Storage Areas. 1984-04 SEC I

52.236-11 Use and Possession Prior to Completion. 1984-04 SEC I

52.236-12 Cleaning Up. 1984-04 SEC I

52.236-13 Accident Prevention. 1991-11 SEC I

52.236-15 Schedules for Construction Contracts. 1984-04 SEC I

52.236-18 Work Oversight in Cost-Reimbursement Construction Contracts. 1984-04 SEC I

52.236-19 Organization and Direction of the Work. 1984-04 SEC I

52.236-2 Differing Site Conditions. 1984-04 SEC I

52.236-28 Preparation of Proposals-Construction. 1997-10 SEC K

52.236-3 Site Investigation and Conditions Affecting the Work. 1984-04 SEC I

52.236-5 Material and Workmanship. 1984-04 SEC I

52.236-6 Superintendence by the Contractor. 1984-04 SEC I

52.236-7 Permits and Responsibilities. 1991-11 SEC I

52.236-8 Other Contracts. 1984-04 SEC I

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and

Improvements.

1984-04 SEC I

52.242-1 Notice of Intent to Disallow Costs. 1984-04 SEC I

52.242-13 Bankruptcy. 1995-07 SEC I

52.242-14 Suspension of Work. 1984-04 SEC I

52.242-15 Stop-Work Order. 1989-08 SEC F

52.242-15 Stop-Work Order. - (Alternate I) 1989-08 SEC F

Alternate

I 1984-04

52.242-3 Penalties for Unallowable Costs. 2014-05 SEC I

52.243-1 Changes-Fixed-Price. - (Alternate II) 1987-08 SEC I

Alternate

II 1984-04

52.243-2 Changes-Cost-Reimbursement. - (Alternate II) 1987-08 SEC I

Alternate

II 1984-04

52.243-2 Changes-Cost-Reimbursement. - (Alternate III) 1987-08 SEC I

Alternate

III 1984-04

52.243-4 Changes. 2007-06 SEC I

52.244-6 Subcontracts for Commercial Items. 2019-01 SEC I

52.245-1 Government Property. 2017-01 SEC I

52.245-1 Government Property. - (Alternate I) 2017-01 SEC I

Alternate

I 2012-04

52.245-9 Use and Charges. 2012-04 SEC I

52.246-12 Inspection of Construction. 1996-08 SEC E

52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. 1996-08 SEC E

52.246-16 Responsibility for Supplies. 1984-04 SEC E

52.246-2 Inspection of Supplies-Fixed-Price. 1996-08 SEC E

52.246-2 Inspection of Supplies-Fixed-Price. - (Alternate I) 1996-08 SEC E

Alternate

I 1985-07

52.246-3 Inspection of Supplies-Cost-Reimbursement. 2001-05 SEC E

52.246-5 Inspection of Services-Cost-Reimbursement. 1984-04 SEC E

52.249-10 Default (Fixed-Price Construction). 1984-04 SEC I

52.249-10 Default (Fixed-Price Construction). - (Alternate I) 1984-04 SEC I

Alternate

I 1984-04

52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or

Removal of Improvements).

2012-04 SEC I

52.249-6 Termination (Cost-Reimbursement). 2004-05 SEC I

52.249-6 Termination (Cost-Reimbursement). - (Alternate I) 2004-05 SEC I

Alternate

I 1996-09

52.251-1 Government Supply Sources. 2012-04 SEC I

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law.

2016-02 SEC I

252.204-7000 Disclosure of Information. 2016-10 SEC I

252.204-7006 Billing Instructions. 2005-10 SEC G

252.223-7004 Drug-Free Work Force. 1988-09 SEC I

252.225-7013 Duty-Free Entry. 2016-05 SEC I

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information

Marked with Restrictive Legends.

2013-05 SEC I

252.246-7003 Notification of Potential Safety Issues. 2013-06 SEC I

52.203-3 Gratuities. 1984-04 SEC I

52.211-15 Defense Priority and Allocation Requirements. 2008-04 SEC I

52.211-5 Material Requirements. 2000-08 SEC I

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data-Modifications. 2011-08 SEC I

52.215-13 Subcontractor Certified Cost or Pricing Data-Modifications (Deviation 2018-

O0015)

2010-10 SEC I

Deviation

2018-O0015 2018-05

52.215-14 Integrity of Unit Prices. 2010-10 SEC I

52.215-2 Audit and Records-Negotiation. 2010-10 SEC I

52.222-10 Compliance with Copeland Act Requirements. 1988-02 SEC I

52.222-11 Subcontracts (Labor Standards). 2014-05 SEC I

52.222-12 Contract Termination-Debarment. 2014-05 SEC I

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. 2014-05 SEC I

52.222-14 Disputes Concerning Labor Standards. 1988-02 SEC I

52.222-15 Certification of Eligibility. 2014-05 SEC I

52.222-19 Child Labor-Cooperation with Authorities and Remedies. 2018-01 SEC I

52.222-3 Convict Labor. 2003-06 SEC I

52.222-37 Employment Reports on Veterans. 2016-02 SEC I

52.222-4 Contract Work Hours and Safety Standards -Overtime Compensation. 2018-03 SEC I

52.222-54 Employment Eligibility Verification. 2015-10 SEC I

52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 SEC I

52.222-6 Construction Wage Rate Requirements. 2018-08 SEC I

52.222-8 Payrolls and Basic Records. 2018-08 SEC I

52.222-9 Apprentices and Trainees. 2005-07 SEC I

52.223-11 Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons.

2016-06 SEC I

52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners.

2016-06 SEC I

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

Contracts.

2018-08 SEC I

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

Contracts.

2013-09 SEC I

52.223-6 Drug-Free Workplace. 2001-05 SEC I

52.224-1 Privacy Act Notification. 1984-04 SEC I

52.224-2 Privacy Act. 1984-04 SEC I

52.228-3 Workers' Compensation Insurance (Defense Base Act). 2014-07 SEC I

52.228-5 Insurance-Work on a Government Installation. 1997-01 SEC I

52.229-3 Federal, State, and Local Taxes. 2013-02 SEC I

52.232-18 Availability of Funds. 1984-04 SEC I

52.232-23 Assignment of Claims. 2014-05 SEC I

52.233-1 Disputes. - (Alternate I) 2014-05 SEC I

Alternate

I 1991-12

52.236-14 Availability and Use of Utility Services. 1984-04 SEC I

52.236-17 Layout of Work. 1984-04 SEC I

52.242-17 Government Delay of Work. 1984-04 SEC F

52.246-23 Limitation of Liability. 1997-02 SEC I

52.246-25 Limitation of Liability-Services. 1997-02 SEC I

52.247-34 F.o.b. Destination. 1991-11 SEC F

52.247-52 Clearance and Documentation Requirements-Shipments to DoD Air or Water

Terminal Transshipment Points.

2006-02 SEC F

52.249-14 Excusable Delays. 1984-04 SEC I

52.253-1 Computer Generated Forms. 1991-01 SEC I

CLAUSES IN FULL TEXT

CLAUSE NO. CLAUSE TITLE (MONTH

YEAR)

VARIATION

NAME DATE

CLAUSE TEXT

252.203-7004 Display of Hotline Posters. As prescribed in 203.1004(b)(2)(ii), use the following clause:

(OCT 2016)

DISPLAY OF HOTLINE POSTERS (OCT 2016)

(a) Definition. "United States," as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of hotline poster(s).

(1)(i) The Contractor shall display prominently the DoD fraud, waste, and abuse hotline poster prepared by the DoD Office of the Inspector General, in effect at time of contract award, in common work areas within business segments performing work under Department of Defense (DoD) contracts.

(ii) For contracts performed outside the United States, when security concerns can be appropriately demonstrated, the contracting officer may provide the contractor the option to publicize the program to contractor personnel in a manner other than public display of the poster, such as private employee written instructions and briefings.

(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds and the work is to be performed in the United States, the DHS fraud hotline poster shall be displayed in addition to the DoD hotline poster. If a display of a DHS fraud hotline poster is required, the Contractor may obtain such poster from

(i) DHS Office of Inspector General/MAIL STOP 0305, Attn: Office of Investigations Hotline, 245 Murray Lane SW, Washington, DC 20528-0305; or

(ii) Via the internet at https://www.oig.dhs.gov/assets/Hotline/DHS_OIG_Hotline-optimized.jpg.

(c)(1) The DoD hotline poster may be obtained fro Defense Hotline, The Pentagon, Washington, D.C. 20301-1900, or is also available via the internet at http://www.dodig.mil/hotline/hotline_posters.htm.

(2) If a significant portion of the employee workforce does not speak English, then the poster is to be displayed in the foreign languages that a significant portion of the employees speak.

(3) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the

Contractor shall display an electronic version of the required poster at the website.

(d) Subcontracts. The Contractor shall include this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million except when the subcontract is for the acquisition of a commercial item.

(End of clause)

(End of Clause)

52.222-26 Equal Opportunity. (SEP 2015)

As prescribed in 22.810(e), insert the following clause:

Equal Opportunity (Sept 2015)

(a) Definition. As used in this clause.

"Compensation" means any payments made to, or on behalf of, an employee or offered to an applicant as remuneration for employment, including but not limited to salary, wages, overtime pay, shift differentials, bonuses, commissions, vacation and holiday pay, allowances, insurance and other benefits, stock options and awards, profit sharing, and retirement.

"Compensation information" means the amount and type of compensation provided to employees or offered to applicants, including, but not limited to, the desire of the Contractor to attract and retain a particular employee for the value the employee is perceived to add to the Contractor's profit or productivity; the availability of employees with like skills in the marketplace; market research about the worth of similar jobs in the relevant marketplace; job analysis, descriptions, and evaluations; salary and pay structures; salary surveys; labor union agreements; and Contractor decisions, statements and policies related to setting or altering employee compensation.

"Essential job functions" means the fundamental job duties of the employment position an individual holds. A job function may be considered essential if-

(1)The access to compensation information is necessary in order to perform that function or another routinely assigned business task; or

(2)The function or duties of the position include protecting and maintaining the privacy of employee personnel records, including compensation information.

"Gender identity" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"Sexual orientation" has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at http://www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.

"United States," means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.

(b)

(1)If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the

Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2)If the Contractor is a religious corporation, association, educational institution, or society, the requirements of this clause do not apply with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of the Contractor's activities (41 CFR 60-1.5).

(c)

(1)The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. However, it shall not be a violation of this clause for the

Contractor to extend a publicly announced preference in employment to Indians living on or near an Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.

(2)The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. This shall include, but not be limited to-

(i)Employment;

(ii)Upgrading;

(iii)Demotion;

(iv)Transfer;

(v)Recruitment or recruitment advertising;

(vi)Layoff or termination;

(vii)Rates of pay or other forms of compensation; and

(viii)Selection for training, including apprenticeship.

(3)The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause.

(4)The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(5)

(i)The Contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This prohibition against discrimination does not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the

Contractor's legal duty to furnish information.

(ii)The Contractor shall disseminate the prohibition on discrimination in paragraph (c)(5)(i) of this clause, using language prescribed by the Director of the Office of Federal Contract Compliance Programs (OFCCP), to employees and applicants by-

(A)Incorporation into existing employee manuals or handbooks; and

(B)Electronic posting or by posting a copy of the provision in conspicuous places available to employees and applicants for employment.

(6)The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(7)The Contractor shall comply with Executive Order11246, as amended, and the rules, regulations, and orders of the

Secretary of Labor.

(8)The Contractor shall furnish to the contracting agency all information required by Executive Order11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The Contractor shall also file Standard Form100 (EEO-1), or any successor form, as prescribed in 41 CFR Part60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the regional Office of

Federal Contract Compliance Programs (OFCCP) or the local office of the Equal Employment Opportunity Commission for the necessary forms.

(9)The Contractor shall permit access to its premises, during normal business hours, by the contracting agency or the

OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be relevant to the matter under investigation and pertinent to compliance with Executive Order11246, as amended, and rules and regulations that implement the Executive Order.

(10)If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the

Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order11246, as amended.

In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(11)The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(12)The Contractor shall take such action with respect to any subcontract or purchase order as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the

Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(d)Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41

CFR 60-1.

52.232-22 Limitation of Funds. (APR 1984)

As prescribed in 32.706-2(b), insert the following clause. The 60-day period may be varied from 30 to 90 days and the 75 percent from 75 to 85 percent. "Task Order" or other appropriate designation may be substituted for "Schedule" wherever that word appears in the clause:

Limitation of Funds (Apr 1984)

(a)The parties estimate that performance of this contract will not cost the Government more than (1)the estimated cost specified in the Schedule or, (2)if this is a cost-sharing contract, the Government's share of the estimated cost specified in the

Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Government's and the

Contractor's share of the cost.

(b)The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, the Government's share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, exclusive of any fee.

The Contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the

Government to the contract.

(c)The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of (1)the total amount so far allotted to the contract by the Government or, (2)if this is a cost-sharing contract, the amount then allotted to the contract by the Government plus the Contractor's corresponding share. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule.

(d)Sixtydays before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.

(e)If, after notification, additional funds are not allotted by the end of the period specified in the Schedule or another agreed-upon date, upon the Contractor's written request the Contracting Officer will terminate this contract on that date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the

Contracting Officer may terminate this contract on that later date.

(f)Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause-

(1)The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and

(2)The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of-

(i)The amount then allotted to the contract by the Government or;

(ii)If this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor's corresponding share, until the Contracting Officer notifies the Contractor in writing that the amount allotted by the

Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.

(g)The estimated cost shall be increased to the extent that (1)the amount allotted by the Government or, (2)if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor's corresponding share, exceeds the estimated cost specified in the Schedule. If this is a cost-sharing contract, the increase shall be allocated in accordance with the formula specified in the Schedule.

(h)No notice, communication, or representation in any form other than that specified in paragraph (f)(2) of this clause, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.

(i)When and to the extent that the amount allotted by the Government to the contract is increased, any costs the Contractor incurs before the increase that are in excess of-

(1)The amount previously allotted by the Government or;

(2)If this is a cost-sharing contract, the amount previously allotted by the Government to the contract plus the Contractor's corresponding share, shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.

(j)Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the

Schedule, unless they contain a statement increasing the amount allotted.

(k)Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is terminated, the

Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.

(l)If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a percentage of the fee specified in the Schedule equalling the percentage of completion of the work contemplated by this contract.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data-Modifications.

(OCT 2010)

As prescribed in 15.408(m), insert the following clause:

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (Oct

2010)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable-

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial items.

(A) If-

(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.

(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include-

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g.,wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR15.406-2.

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data-Modifications. - (Alternate II)

(OCT 2010)

Alternate

II 1997-10

As prescribed in 15.408(m), insert the following clause:

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (Oct

2010)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable-

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Information on modifications of contracts or subcontracts for commercial items.

(A) If-

(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and

(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.

(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include-

(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g.,wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.

(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.

(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR15.406-2.

As prescribed in 15.408(m), add the following paragraph (c) to the basic clause:

(c) When the proposal is submitted, also submit one copy each to: (1)the Administrative Contracting Officer, and (2)the

Contract Auditor.

52.216-11 Cost Contract-No Fee. (APR 1984)

As prescribed in 16.307(e), insert the clause in solicitations and contracts when a cost-reimbursement contract is contemplated that provides no fee and is not a cost-sharing contract. This clause may be modified by substituting "$10,000" in lieu of "$100,000" as the maximum reserve in paragraph (b) if the Contractor is a nonprofit organization.

Cost Contract-No Fee (Apr 1984)

(a)The Government shall not pay the Contractor a fee for performing this contract.

(b)After payment of 80 percent of the total estimated cost shown in the Schedule, the Contracting Officer may withhold further payment of allowable cost until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed onepercent of the total estimated cost shown in the Schedule or $100,000, whichever is less.

52.216-16 Incentive Price Revision-Firm Target. - (Alternate I) (OCT 1997)

I 1984-04

As prescribed in 16.406(a), insert the following clause:

Incentive Price Revision-Firm Target (Oct 1997)

(a) General. The supplies or services identified in the Schedule as Items ____ [Contracting Officer insert Schedule line item numbers] are subject to price revision in accordance with this clause; provided, that in no event shall the total final price of these items exceed the ceiling price of ____ dollars ($____). Any supplies or services that are to be (1)ordered separately under, or otherwise added to, this contract and (2)subject to price revision in accordance with the terms of this clause shall be identified as such in a modification to this contract.

(b) Definition. "Costs," as used in this clause, means allowable costs in accordance with part 31 of the Federal Acquisition

Regulation (FAR) in effect on the date of this contract.

(c)Data submission.

(1)Within ____ [Contracting Officer insert number of days] days after the end of the month in which the Contractor has delivered the last unit of supplies and completed the services specified by item number in paragraph (a) of this clause, the

Contractor shall submit in the format of Table 15-2, FAR15.408, or in any other form on which the parties agree-

(i)A detailed statement of all costs incurred up to the end of that month in performing all work under the items;

(ii)An estimate of costs of further performance, if any, that may be necessary to complete performance of all work under the items;

(iii)A list of all residual inventory and an estimate of its value; and

(iv)Any other relevant data that the Contracting Officer may reasonably require.

(2)If the Contractor fails to submit the data required by paragraph (c)(1) of this clause within the time specified and it is later determined that the Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the

Interest clause.

(d) Price revision. Upon the Contracting Officer's receipt of the data required by paragraph (c) of this clause, the Contracting

Officer and the Contractor shall promptly establish the total final price of the items specified in (a) of this clause by applying to final negotiated cost an adjustment for profit or loss, as follows:

(1)On the basis of the information required by paragraph (c) of this clause, together with any other pertinent information, the parties shall negotiate the total final cost incurred or to be incurred for supplies delivered (or services performed) and accepted by the Government and which are subject to price revision under this clause.

(2)The total final price shall be established by applying to the total final negotiated cost an adjustment for profit or loss, as follows:

(i)If the total final negotiated cost is equal to the total target cost, the adjustment is the total target profit.

(ii)If the total final negotiated cost is greater than the total target cost, the adjustment is the total target profit, less ____

[Contracting Officer insert percent] percent of the amount by which the total final negotiated cost exceeds the total target cost.

(iii)If the final negotiated cost is less than the total target cost, the adjustment is the total target profit plus ____ [Contracting

Officer insert percent] percent of the amount by which the total final negotiated cost is less than the total target cost.

(e) Contract modification. The total final price of the items specified in paragraph (a) of this clause shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer. This price shall not be subject to revision, notwithstanding any changes in the cost of performing the contract, except to the extent that-

(1)The parties may agree in writing, before the determination of total final price, to exclude specific elements of cost from this price and to a procedure for subsequent disposition of those elements; and

(2)Adjustments or credits are explicitly permitted or required by this or any other clause in this contract.

(f)Adjusting billing prices.

(1)Pending execution of the contract modification (see paragraph (e) of this clause), the Contractor shall submit invoices or vouchers in accordance with billing prices as provided in this paragraph. The billing prices shall be the target prices shown in this contract.

(2)If at any time it appears from information provided by the contractor under paragraph (g)(2) of this clause that the then-current billing prices will be substantially greater than the estimated final prices, the parties shall negotiate a reduction in the billing prices. Similarly, the parties may negotiate an increase in billing prices by any or all of the difference between the target prices and the ceiling price, upon the Contractor's submission of factual data showing that final cost under this contract will be substantially greater than the target cost.

(3)Any billing price adjustment shall be reflected in a contract modification and shall not affect the determination of the total final price under paragraph (d) of this clause. After the contract modification establishing the total final price is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the total final price, and any resulting additional payments, refunds, or credits shall be made promptly.

(g) Quarterly limitation on payments statement. This paragraph (g) shall apply until final price revision under this contract has been completed.

(1)Within 45 days after the end of each quarter of the Contractor's fiscal year in which a delivery is first made (or services are first performed) and accepted by the Government under this contract, and for each quarter thereafter, the Contractor shall submit to the contract administration office (with a copy to the contracting office and the cognizant contract auditor) a statement, cumulative from the beginning of the contract, showing-

(i)The total contract price of all supplies delivered (or services performed) and accepted by the Government and for which final prices have been established;

(ii)The total costs (estimated to the extent necessary) reasonably incurred for, and properly allocable solely to, the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established;

(iii)The portion of the total target profit (used in establishing the initial contract price or agreed to for the purpose of this paragraph (g)) that is in direct proportion to the supplies delivered (or services performed) and accepted by the Government and for which final prices have not been established-increased or decreased in accordance with paragraph (d)(2) of this clause, when the amount stated under subdivision(g)(1)(ii) of this clause differs from the aggregate target costs of the supplies or services; and

(iv)The total amount of all invoices or vouchers for supplies delivered (or services performed) and accepted by the

Government (including amounts applied or to be applied to liquidate progress payments).

(2)…