Fixed_Price_Service_FAR_HSAR_Clauses.docx

DOCX document 25 KB Posted

Attached to
USCGC Joseph Gerczak Dockside HVAC Clean & Inspect
Solicitation number
70Z03426QHONO1002
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This document is a reference guide detailing applicable FAR and HSAR clauses for fixed-price service contracts. It provides a comprehensive list of 35 FAR clauses commonly required for fixed-price service contracts, covering areas such as definitions, anti-corruption provisions, labor standards, equal opportunity, patent/copyright protections, payments, disputes, and termination rights. Additionally, it lists seven HSAR clauses specific to Department of Homeland Security contracts, including contractor employee access, commercial item acquisition terms, insurance requirements, and contracting officer technical representative provisions. The document includes supplementary notes emphasizing compliance requirements for Service Contract Labor Standards (FAR 52.222-41) with applicable wage determinations, inspection procedures under FAR 52.246-4, and termination provisions addressing convenience and default scenarios.

The related federal contract opportunity is a Request for Quotation (RFQ) issued by the U.S. Coast Guard Industrial Production Facility Honolulu for cleaning and inspection of the HVAC system aboard the USCGC Joseph Gerczak during a scheduled dockside maintenance period from March 3-31, 2026. This is a Firm-Fixed Price Construction Contract set-aside for Total Small Business, with NAICS code 238220 and PSC code J041. The contractor must provide all labor, materials, and equipment necessary to complete the work as detailed in the attached Statement of Work and ship drawings. Award will be made to the quoter offering the lowest price, with quoters required to maintain active SAM registration. FAR Part 13 clauses, HSAR provisions, and Department of Labor wage rates apply to this solicitation.

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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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