Fixed Price Service FAR - HSAR Clauses.docx
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This is a reference document outlining standard FAR and HSAR clauses applicable to fixed-price service contracts, with specific emphasis on Homeland Security Acquisition Regulation requirements for Department of Homeland Security acquisitions. The document provides a comprehensive checklist of 35 FAR clauses and 7 HSAR clauses commonly required for fixed-price service contracts, including provisions addressing labor standards, equal opportunity, payment terms, termination rights, disputes, and inspection procedures. Key FAR clauses include Service Contract Labor Standards (FAR 52.222-41), Inspection of Services for Fixed-Price (FAR 52.246-4), Termination for Convenience (FAR 52.249-2), and various compliance and safety clauses. HSAR-specific clauses address contractor employee access, commercial item acquisitions unique to DHS, hazardous substance disposal, and insurance requirements.
The document serves as a guidance tool rather than a solicitation-specific instrument, noting that applicability depends on contract characteristics such as whether services are commercial, the funding source, and agency-specific requirements. It includes supplementary guidance clarifying that Service Contract Labor Standards apply to applicable service contracts with wage determination compliance obligations, commercial service acquisitions will incorporate FAR Part 12 clauses, and termination and inspection clauses ensure proper service acceptance and contract administration. This template is designed to support contracting officers in identifying and incorporating appropriate regulatory requirements into fixed-price service contract solicitations.
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Text version
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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