Fixed_Price_Service_FAR_HSAR_Clauses.docx

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USCGC Joseph Gerczak Dockside Tank Clean & Inspect
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70Z03426QHONO1000
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This file is a reference document listing applicable FAR and HSAR clauses for fixed-price service contracts. It provides a comprehensive compilation of 35 FAR clauses and 7 HSAR clauses commonly required for fixed-price service contracts, organized by regulatory source. The FAR clauses cover standard contracting requirements including definitions, ethics and compliance (gratuities, contingent fees, anti-kickback procedures), small business utilization, labor standards (service contract labor standards, equal opportunity, nondisplacement of workers, combating trafficking in persons), contract administration (payments, disputes, changes, inspection, termination), and intellectual property. The HSAR clauses address Homeland Security-specific requirements including contractor employee access, prohibition on contracts with corporate expatriates, commercial item acquisition terms, labor disputes, hazardous substance handling, insurance, and contracting officer technical representative duties.

The document includes supplementary notes emphasizing critical compliance areas: Service Contract Labor Standards (FAR 52.222-41) applicability with required wage determinations, commercial services treatment under FAR Part 12, inspection requirements for service acceptance, and termination procedures for convenience or default. This reference guide serves as a checklist for contracting officers and vendors to ensure proper clause inclusion in fixed-price service contracts, particularly for DHS agencies. The document is a template or reference guide rather than a solicitation-specific document.

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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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