FP Commercial Supplies-Services 12Dec2016.pdf

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Attached to
S30XL DCPS MCOR & EPSC Federal contract opportunity
Solicitation number
SLAC310948
Issued by
Department of Energy Office of Science

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SLAC NATIONAL ACCELERATOR LABORATORY

Terms and Conditions for Fixed Price Commercial Supplies and Services

December 2016 Page 1 of 6

1. DEFINITIONS

As used in the Subcontract the term:

a. means the Board of Trustees of the Leland Stanford Jr. University, or any duly authorized representative thereof, acting through SLAC National Accelerator Laboratory (SLAC) under its Management and Operating Contract with the United States Department of Energy (DOE).

b.

c. States of America.

d. - or $2,500 for services subject to the Service Contract Act, as of the revision date of these terms.

e. no other Buyer personnel or agents possess such authority.

f. idual person and/or entity) supplying the materials, supplies or services called for under the Subcontract. Seller may also be referred to as supplier, subcontractor or vendor.

g. s $150,000 as of the revision date of these terms.

h. (s) or Service Manager(s), if one or more is designated in this Subcontract (s) for all technical inquiries and oversight. The Technical Representative or Service Manager has the authority to provide clarifying instruction or grant approvals in the manner defined in the Subcontract, but not to modify or amend any term of this Subcontract, nor to commit Buyer funds.

2. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

a. The Subcontract shall consist of any or all of the following documents: (1) Subcontract Section A or the Signed Purchase Order, including any special terms and conditions attached thereto (sometimes referred to as Section H); (2) these Standard Terms and Conditions and any On-Site Supplemental Terms and Conditions; (3) Sections B-F of the Subcontract (including the Scope of Work); (4) any other Buyer referenced and incorporated clauses, provisions, and documents; and (5 . These documents comprise the entire agreement between the parties and supersede all prior proposals, representations, negotiations, or agreements, whether written or oral.

b. Any conflicts and/or inconsistencies in the documents identified above comprising this Subcontract shall be resolved by giving precedence in the order they are listed above, with the first numbered item(s) having the highest precedence, and each following item(s) having successively lower precedence.

3. SELLER ACCEPTANCE OF THIS SUBCONTRACT

a.

acceptance of the Subcontract.

b. Seller, by accepting the Subcontract, does hereby agree that (i) this Subcontract sets forth the entire agreement between the Buyer and the Seller and supersedes any prior offers, negotiations, and agreements concerning the subject matter of this Subcontract, and (ii) no form, document, or additional or differing terms supplied by the Seller shall constitute a part of the Subcontract or have any effect, regardless of where they are included, unless specifically and expressly accepted in writing by the Procurement Specialist.

4. PUBLICITY

Seller shall not release any advertising copy mentioning Buyer or quoting the opinion of any of employees. Seller shall not state or imply in services. The Seller and its employees, agents, or contracts shall not use or exploit "Stanford University," "SLAC," or any other trademark or logo owned by the Buyer or the Government, unless necessary to perform the Subcontract.

5. ASSIGNMENT

Neither the Subcontract nor any interest therein nor claim thereunder shall be assigned or transferred by the Seller except as expressly authorized in writing by the Procurement Specialist, provided that the Seller or its rights to be paid amounts due as a result of performance of the Subcontract may be assigned to a bank, trust company or other financing institution, including any Federal lending institution. Payments to an assignee shall be subject to setoff or recoupment for any present or future claims of Buyer against Seller.

6. PERMITS, LICENSES, AND APPLICABLE LAWS

In performance of the Subcontract, Seller shall, at its own expense, comply with all applicable local, state, and federal laws, orders, rules, regulations, and ordinances. Seller must, at its own expense, have and maintain the license(s) and/or certification(s) appropriate to its trade, issued by the relevant trade association, or regulatory or administrative agency.

7. TITLE AND RESPONSIBILITY

a. Title to the material and supplies Purchased hereunder shall pass to the Government at the point of delivery to the Buyer; and, if purchased F.O.B.

Shipping Point, delivery to the carrier by the Seller shall be deemed delivery to the Buyer. No insurance charges will be allowed unless specifically authorized in the Subcontract.

b. Except as otherwise provided in the Subcontract (i) the Seller shall be responsible for the supplies covered by the Subcontract until they are delivered at the designated delivery point, regardless of the point of inspection; (ii) the Seller shall bear all risks as to rejected supplies after notice of rejection, except that the Buyer shall be responsible for the loss, or destruction of, or damage to, the supplies if loss, destruction or damage results from the gross negligence of officers, agents, or employees of the Buyer acting within the scope of their employment.

December 2016 Page 2 of 6

c. The actual total transportation charges paid to the carrier(s) by the consignor or consignee shall be reimbursed by the Seller.

8. TAX AND BUYER EXEMPTION

a. Except as may be otherwise provided in the Subcontract, the selling price includes all applicable Federal taxes in effect on the date of this Subcontract but does not include any State or local sales, use, or other tax directly applicable to the completed supplies or services covered by the Subcontract nor any other tax, duties, tariffs, and similar fees from which the Seller or this transaction is exempt. Upon request of the Seller, the Buyer shall furnish, unless no legal basis exists therefore, a tax exemption certificate or similar evidence of exemption with respect to any such tax not included in the price pursuant to this article.

b. For Sellers providing services, the Buyer will automatically withhold from any invoice paid appropriate taxes, if required by the U.S. Internal Revenue Service and the California Franchise Tax Board.

9. EXTRAS

Except as otherwise provided in the Subcontract no payment for extras shall be made unless such extras and the price therefore have been authorized in writing by the Buyer.

10. CHANGES

Changes to the Subcontract may be made only by the written agreement of the parties.

agree to

11. INSTRUCTIONS FOR PACKAGING

Packing and packaging shall be adequate to prevent damage when shipped by common carrier or method utilized. Seller shall be solely responsible for any damage resulting from improper packaging, containerizing, or lack thereof. The Seller shall indicate the Subcontract and/or Purchase Order number on each container or package. An itemized packing list shall be affixed to the outermost cover of each container or package. The use of environmentally sustainable packaging materials is required.

12. QUALITY OF ITEMS AND COUNTERFEIT PARTS

All Item(s), including any materials and supplies furnished by the Seller in performance of any services, shall as a minimum: (1) be new and genuine, or reconditioned and so identified and warranted as new, genuine and not of such age or so deteriorated as to impair their usefulness or safety; and (2) not contain any counterfeit or suspect materials, parts, or components. The furnishing of reconditioned Items must be specified in the Subcontract or approved by the Procurement Specialist. Types of materials, parts, and components known to have been counterfeit or suspect include, but are not limited to: electrical components, piping, fittings, flanges, and fasteners. Any acceptance of items or materials delivered to Buyer not meeting these minimum requirements shall be deemed null and void, and at minimum, Buyer shall be entitled to replacement at no cost or refund at any time after such defects are reasonably discovered.

13. INSPECTION AND ACCEPTANCE OF ITEMS OR SERVICES

a. The Buyer reserves the right to inspect all and every part of the items under the Subcontract, during and after completion of performance. The Buyer shall not be obligated to inspect the items, and neither the inspection nor the lack of inspection by the Buyer shall relieve the Seller of its responsibility for providing the items in accordance with the Subcontract. The inspection or use of or payment for an item under the Subcontract, either wholly or in part, shall not be construed as acceptance.

b. If any item or any part thereof is not in accordance with the Subcontract, the Buyer may notify the Seller that the item is rejected. Thereupon, the Seller shall, at its own expense, take the necessary corrective action, which shall include, at minimum, expediently replacing such item, providing necessary services, or providing a full refund.

c. Such notice of rejection shall be provided within forty-five (45) days of the receipt of the items or completion of services. If no such notice of rejection is provided within the aforementioned time, or if the Procurement Specialist formally accepts the item or services in writing, such item or services shall be deemed accepted, provided, however, this period may be extended to thirty (30) days after the date of discovery of a material defect (if such date is later) if (1) the Buyer could not have reasonably discovered such a material defect from a reasonable inspection; or (2) the defect is of the type specified in QUALITY

OF ITEMS AND COUNTERFEIT PARTS.

14. WARRANTY

Seller at minimum warrants that all services, supplies and equipment delivered hereunder shall be free from all defects in materials and workmanship and shall comply with all the requirements of the Subcontract. The warranty shall begin upon acceptance and extend for a period of the manufacturer or tandard warranty period or one year, whichever is longer. Any defective supplies or equipment shall be promptly repaired or replaced during the warranty period at no cost to Buyer. All expenses of return shipment and reshipment to Buyer shall be borne by Seller.

15. EXCUSABLE DELAYS

The Seller shall be liable for delays unless such delays are caused by an occurrence beyond the reasonable control of the Seller and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, flood, epidemics quarantine, restrictions, strikes, unusually severe weather, and delays of common carriers. The Seller shall notify the Buyer in writing as soon as reasonably possible after commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give the University written notice of the cessation of such occurrence.

16. INVOICES AND PAYMENTS

a. General. Except as otherwise provided in the Subcontract, no later than 30 days upon acceptance and receipt of invoices satisfactory to Buyer, whichever occurs later, the Seller shall be paid the amounts agreed, less deductions and discounts if any. Payments shall be made by check or automated clearing house (ACH) as agreed.

December 2016 Page 3 of 6

b. Partial payments. Unless otherwise specified, partial payments will not be made. This, however, does not preclude payments for partial shipments of completed deliverables (as distinguished from components).

c. Seller invoice requirements. At minimum, all invoices shall contain the information required by model invoice, available at http://www-group.slac.stanford.edu/ocfo/purchasing/supplier-program/doing-business-with-slac.html, incorporated herein by reference. Although not required, Buyer prefers the use of its model invoice where practicable. Further, all invoices shall reference applicable Purchase Orders by Buyer Purchase Order number, and the applicable line item numbers or other item number specified on the Purchase Order or Subcontract.

d. California requirements. For Sellers providing services in California and if Seller is not a California resident or entity, or does not have an office in California, the invoice must specify the number of hours and amount being invoiced for services performed in California.

e. Method of submission. All invoices shall be submitted to ap@slac.stanford.edu or to the following address:

SLAC National Accelerator Laboratory c/o Accounts Payable, MS 09 2575 Sand Hill Road Menlo Park, California 94025 Please use c/o Accounts Payable DISCOUNT DESK, MS 09 for invoices with discount terms.

17. TRAVEL

Only when travel is included as part of the performance under the Subcontract and is set forth as a specific cost/price element in the Subcontract, the following requirements shall apply:

a. Expenses incurred for travel, lodging, meals, and incidental expenses shall be reimbursed only to the extent that they comply with travel reimbursement guidelines. The Seller shall submit with its invoice itemized receipts showing proof of payment for expenses in excess of $75. If travel is not reimbursed on a cost-basis, then the requirements of this paragraph do not apply.

b. To the extent any foreign travel (outside the U.S.) is required under this Subcontract, it shall be conducted pursuant to the requirements contained in DOE Order 551.1, Foreign or any subsequent version of the Order in effect at the time of award. All Foreign travel requests must be entered into the DOE Foreign Travel Management System (FTMS) within 35 calendar days before the proposed departure date. Travelers must contact the Procurement Specialist for the necessary foreign travel forms and processes well in advance of the FTMS deadline. All foreign travel request forms are to be submitted to the Travel Office for entry into FTMS.

c. No Foreign travel shall be taken until a DOE FTMS Foreign Travel Approval Number has been obtained from the SLAC Travel Office and transmitted to the Seller/Subcontractor. Reimbursement for foreign travel incurred without a FTMS Approval Number will not be allowed. The SLAC Travel Office may be contacted at Phone 650-926-4346, or by email at travel@slac.stanford.edu.

18. INDEPENDENT CONTRACTOR

Seller is an independent contractor in all its operations and activities hereunder. The employees used by Seller to perform Work under the Subcontract shall be Seller employees exclusively without any relation whatsoever to Buyer or its affiliates.

19. LIMITATION ON LIABILITY

Except as otherwise provided herein, neither Party shall be liable for consequential damages resulting from this Subcontract.

20. INDEMNITY

The Seller shall indemnify, defend, and hold harmless the Board of Trustees of the Leland Stanford Junior University, the Government of the United States, and their respective trustees, contractors, officers, agents, and employees from and against all claims of noncompliance with or violation of applicable laws or regulations, any and all loss, property damage, expense, personal injury, death, or other liability arising out of or related to the performance of the work hereunder loss is not caused by the gross negligence or willful misconduct of the Buyer. The Seller shall also pay any cost and/or attorneys fees that may be incurred by any of the above-name indemnities in enforcing this indemnity.

21. DISPUTES AND GOVERNING LAW

a. The parties shall attempt to resolve any dispute, controversy, or claim arising out of or related to this Subcontract in good faith, by direct, informal negotiations. Pending resolution of the dispute, claim, or controversy, the Seller shall proceed diligently with the performance of this Subcontract, in accordance with its terms and conditions.

b. All disputes under this Subcontract that are not disposed of by mutual agreement may be decided by recourse to an action at law or in equity.

c. The parties submit all their disputes arising out of or in connection with this Subcontract to the exclusive jurisdiction of the state or Federal courts located in the Northern District of California.

d. Any substantive issue of law shall be determined in accordance with the body of applicable Federal law. If there is no applicable Federal Law, the law of the State of California shall apply.

22. CONFIDENTIALITY

a. Except to the extent required by governing law or necessary to report fraud, waste, or abuse to the Government, Seller, its employees, contractors, and agents shall not reproduce or disclose any information, knowledge, or data of the Buyer that the Seller receives or have access to in connection with this Subcontract when such information, knowledge, or data is marked confidential, proprietary, trade secret, official use only, or otherwise so expressly designated by the Buyer, the Government, or third-party contractors.

b. Seller shall have appropriate agreements or policies with its employees, agents, and next-tier subcontractors to ensure compliance with this clause.

23. TIME IS OF THE ESSENCE

December 2016 Page 4 of 6

Time is of the essence. The Seller shall prosecute the work diligently with such forces as the Seller determines are necessary to complete the work of this Subcontract within the times specified in the Subcontract or the Subcontract term, whichever is soonest.

24. EXPORT CONTROL

a. Seller agrees that it shall not provide, deliver, or display any information, materials, or products subject to United States export controls, including raffic in Arms Regulation rior to the delivery or display to the Procurement Specialist.

b. If any information, materials, or products delivered are subject to such controls, Seller shall provide applicable export control classification numbers or other information requested by the Buyer to comply with applicable export laws and regulations.

25. CLAUSES INCORPORATED BY REFERENCE

The Federal Acquisition Regulation FAR and DEAR clauses listed below, which are located in Chapters 1 and 9, respectively, of Title 48 of the Code of Federal Regulations, are incorporated by this reference as a part of the Subcontract as prescribed below or as prescribed by the clauses . If a condition listed next to the listed clause is inapplicable, then the clause is not incorporated by reference. As used in the clauses, the term "contract" shall mean the Subcontract; the term "Contractor" shall mean the entity ("Subcontractor" ) who entered into the Subcontract with the Buyer; the term "subcontractor" shall mean the s subcontractor; and the terms "Government" and "Contracting Officer" shall mean the Buyer, except in FAR clauses 52.227-1, 52.227-3, 52.227-14, and 52.227-19, 52.204-10 in which clauses "Government" shall mean the Government and "Contracting Officer" shall mean the DOE Contracting Officer for Prime Contract DE-AC02- 76SF00515 with the Buyer. The Seller shall include the listed clauses in its subcontracts at any tier, to the extent applicable.

THE FOLLOWING CLAUSES APPLY TO ALL SUBCONTRACTS:

FAR 52.212-4(L),(M) CONTRACT TERMS AND CONDITIONS- COMMERCIAL ITEMS (MAY 2015) (Termination for Convenience and Default Provisions in (l) and (m) only)

FAR 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME COMPENSATION (MAY 2014), if the Subcontract involves employment of laborers and mechanics as specified by law

FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) if the Subcontract includes the Equal Opportunity clause

FAR 52.222-26 EQUAL OPPORTUNITY (APR 2015), unless the Subcontract is entirely exempt from the requirements of Executive Order 11246

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)

FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997), ALT I (JUL 1995), if the Subcontract will require the delivery of hazardous materials as defined in FAR 23.301

FAR 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001), if the Subcontract involves delivery or use of such substances

FAR 52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995), if the Subcontract involves the maintenance, service, repair, or disposal of such equipment

FAR 52.223-13 ACQUISITION OF EPEAT® REGISTERED IMAGING EQUIPMENT (JUN 2014), if the Subcontract involves delivery or use of such equipment at her Federally controlled facility

FAR 52.223-14 ACQUISITION OF EPEAT® REGISTERED TELEVISIONS (JUN 2014), if the Subcontract involves delivery or use of such equipment at Federally controlled facility

FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007), if the Subcontract involves delivery or use of energy consuming products at Federally controlled facility

FAR 52.223-16 ACQUISITION OF EPEAT® REGISTERED PERSONAL COMPUTER PRODUCTS (OCT 2015) ALT I (JUN 2014), if the Subcontract involves delivery or use of such equipment at Federally controlled facility

FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA- DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008), if the subcontract involves the use of any EPA-designated products

FAR 52.225-1 BUY AMERICAN SUPPLIES (MAY 2014)

FAR 52.225-8 DUTY-FREE ENTRY (OCT 2010), if (1) supplies are identified in the Subcontract to be accorded duty-free entry will be imported into the customs territory of the U.S.; or (2) other foreign supplies in excess of $15,000 may be imported into the customs territory of the U.S.

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

DEAR 952.5227-8 REFUND OF ROYALTIES (AUG 2002), if royalties exceeding $250 are paid under the Subcontract by the Subcontractor, or by a subcontractor at any tier

FAR 52.227-3 PATENT INDEMNITY (APR 1984)

FAR 52.227-14 RIGHTS IN DATA GENERAL (MAY 2014), if technical data or computer software will be produced or if data will be produced or delivered, with Alternate V, and DEAR 927.409 paras. (a) and (d)(3)

If delivery of Restricted Computer Software is required in the Subcontract, then add Alternate III.

If delivery of Limited Rights Data is required, then add Alternate II with the following five purposes to be added at the end of paragraph (a) of the clause:

December 2016 Page 5 of 6

1. Use (except for manufacture) by other contractors;

2. Evaluation by non-government evaluators:

3. Use (e part, for information and use in connection with the work performed under each subcontract;

4. Emergency repair or overhaul work; and

5. Release to a foreign government, or instrumentality thereof, as the interests of the United States Government may require, for information or evaluation, or for emergency repair or overhaul work by such government.

FAR 52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE (DEC 2007), in place of all other data rights clauses, if the Subcontract solely involves the acquisition of commercially available computer software and a GSA/Subcontractor Multiple Award Federal Supply Schedule Contract is not applicable

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2015)

FAR 52.247-63 PREFERENCE FOR U.S.-FLAG CARRIERS (JUN 2003), if the Subcontract may involve international air transportation.

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT EXCEEDS THE MICRO-PURCHASE THRESHOLD:

FAR 52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (MAY 2014), if the Subcontract is principally for the furnishing of services in the United States th unless the Subcontract qualifies for class deviation under Section 4(b) of the McNamara-or any other exception available under Federal law (see, e.g., 29 C.F.R. §§ 4.115, 4.123(e)).

FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014), if FAR 52.222-41 applies

FAR 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 2014), if FAR 52.222-41 applies, and the Subcontract is a multi-year contract, or the Subcontract is a contract with options to renew exceeding the Simplified Acquisition Threshold

FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015), unless the services or supplies provided are for the purchase of a Commercial ly Available Off-The- services are performed entirely outside the United States

FAR 52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015), if FAR 52.222-41 applies

FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT IS FOR $10,000 OR MORE:

FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010), if the Subcontract will be performed wholly or partially in the United States

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT IS FOR $15,000 OR MORE:

FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT IS FOR $30,000 OR MORE:

FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST TIER SUBCONTRACT AWARDS (OCT 2015), solely incorporated to the extent Seller exceeds the thresholds specified in paragraphs (d)(3) and (g)(2) of the clause, in which case, Seller shall provide the required information to allow the Buyer to meet its obligations as a prime contractor unless such information is publicly available per (d)(3)(ii)

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT EXCEEDS $100,000

FAR 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

DEAR 970.5227-5 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2000)

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT EXCEEDS THE SIMPLIFIED ACQUISITION THRESHOLD

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006), with Alternate I (SEP 2006)

FAR 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014), excepting paragraph (c)(1)

FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (APR 2014)

FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014), unless there are no subcontracting opportunities

FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (OCT 2015)

FAR 52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT PRICE ADJUSTMENT (MAY 2014), if FAR 52.222-41 applies, but FAR 52.222-43 does not apply

FAR 52.229-3 FEDERAL, STATE AND LOCAL TAXES (FEB 2013), if the Subcontract is to performed wholly or partly in the United States or its outlying

December 2016 Page 6 of 6 areas

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT EXCEEDS $500,000

FAR 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (JAN 2014), solely with respect to providing the information in subparagraph (f) the clause and public availability of the information provided

THE FOLLOWING CLAUSES APPLY IF THE SUBCONTRACT EXCEEDS $700,000

FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2015), unless the Seller is a small business or there are no subcontracting possibilities

THE FOLLOWING CLAUSE APPLIES IF THE SUBCONTRACT EXCEEDS $5.5 MILLION AND A PERFORMANCE PERIOD OF MORE THAN 120 DAYS:

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

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