Fixed_Price_Service_FAR_HSAR_Clauses.docx

DOCX document 25 KB Posted

Attached to
USCGC Joseph Gerczak Dockside Machinery Ventilation Cleaning
Solicitation number
70Z03426QHONO1001
Issued by

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This file is a reference document outlining the standard FAR and HSAR contract clauses applicable to fixed-price service contracts. The document provides a comprehensive list of 35 commonly required FAR clauses covering administrative requirements, labor standards, equal opportunity, intellectual property, payment terms, inspection, disputes, and termination provisions. Additionally, it identifies seven HSAR clauses specific to Department of Homeland Security contracts, including requirements for contractor employee access, commercial item acquisitions, insurance, and contractor's technical representative responsibilities. The document notes that Service Contract Labor Standards (FAR 52.222-41) applies to applicable service contracts with wage determinations, while FAR Part 12 clauses govern commercial services, and FAR 52.246-4 and FAR 52.249 address inspection and termination procedures respectively.

The related federal contract opportunity is a Request for Quotation (RFQ) issued by the U.S. Coast Guard for dockside machinery ventilation cleaning aboard the USCGC Frederick Hatch, scheduled for March 3-31, 2026 (note: the opportunity description references both the Frederick Hatch and Joseph Gerczak in different sections). This is a firm-fixed-price, non-commercial service contract set aside for small businesses under NAICS code 811310. The contractor must provide all labor, materials, and equipment necessary for cleaning and inspection of machinery ventilation systems. Award will be made to the quoter offering the lowest price, with registration in SAM required. The solicitation incorporates applicable FAR and HSAR clauses and Department of Labor wage rates for services.

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For fixed-price service contracts, specific FAR and Homeland Security Acquisition Regulation (HSAR) clauses are required based on the nature of the services, funding source, and agency-specific requirements. Below is a list of commonly applicable clauses for fixed-price service contracts, including both FAR and HSAR clauses:

FAR Clauses for Fixed-Price Service Contracts

1. FAR 52.202-1 - Definitions

2. FAR 52.203-3 - Gratuities

3. FAR 52.203-5 - Covenant Against Contingent Fees

4. FAR 52.203-6 - Restrictions on Subcontractor Sales to the Government

5. FAR 52.203-7 - Anti-Kickback Procedures

6. FAR 52.204-9 - Personal Identity Verification of Contractor Personnel (if applicable)

7. FAR 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards

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

9. FAR 52.212-4 - Contract Terms and Conditions—Commercial Items (if applicable to commercial services)

10. FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items (if applicable)

11. FAR 52.219-8 - Utilization of Small Business Concerns

12. FAR 52.222-3 - Convict Labor

13. FAR 52.222-17 - Nondisplacement of Qualified Workers (Service Contracts)

14. FAR 52.222-21 - Prohibition of Segregated Facilities

15. FAR 52.222-26 - Equal Opportunity

16. FAR 52.222-36 - Equal Opportunity for Workers with Disabilities

17. FAR 52.222-41 - Service Contract Labor Standards (formerly Service Contract Act)

18. FAR 52.222-42 - Statement of Equivalent Rates for Federal Hires

19. FAR 52.222-50 - Combating Trafficking in Persons

20. FAR 52.222-55 - Minimum Wages Under Executive Order 13658

21. FAR 52.222-62 - Paid Sick Leave Under Executive Order 13706

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

23. FAR 52.225-13 - Restrictions on Certain Foreign Purchases

24. FAR 52.227-1 - Authorization and Consent

25. FAR 52.227-2 - Notice and Assistance Regarding Patent and Copyright Infringement

26. FAR 52.232-1 - Payments

27. FAR 52.232-8 - Discounts for Prompt Payment

28. FAR 52.232-25 - Prompt Payment

29. FAR 52.233-1 - Disputes

30. FAR 52.237-1 - Site Visit (if applicable)

31. FAR 52.237-2 - Protection of Government Buildings, Equipment, and Vegetation

32. FAR 52.243-1 - Changes—Fixed-Price (Alternate I for services)

33. FAR 52.246-4 - Inspection of Services—Fixed-Price

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

35. FAR 52.249-8 - Default (Fixed-Price Supply and Service)

HSAR Clauses for Fixed-Price Service Contracts The Homeland Security Acquisition Regulation (HSAR) supplements the FAR and includes clauses specific to DHS contracts. Below are commonly applicable HSAR clauses for service contracts:

1. HSAR 3052.204-71 - Contractor Employee Access

2. HSAR 3052.209-70 - Prohibition on Contracts with Corporate Expatriates

3. HSAR 3052.212-70 - Contract Terms and Conditions Applicable to DHS Acquisition of Commercial Items

4. HSAR 3052.222-70 - Strikes or Picketing Affecting Timely Completion of the Contract Work

5. HSAR 3052.223-70 - Removal or Disposal of Hazardous Substances—Applicable Licenses and Permits

6. HSAR 3052.228-70 - Insurance

7. HSAR 3052.242-72 - Contracting Officer’s Technical Representative

Additional Notes

· Service Contract Labor Standards: FAR 52.222-41 applies to service contracts subject to the Service Contract Labor Standards (formerly the Service Contract Act). Ensure compliance with wage determinations.

· Commercial Services: If the contract involves commercial services, FAR Part 12 clauses (e.g., FAR 52.212-4 and FAR 52.212-5) will apply.

· Inspection Clauses: FAR 52.246-4 ensures proper inspection and acceptance of services.

· Termination Clauses: FAR 52.249-2 and FAR 52.249-8 address termination for convenience or default.

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