3504ref.pdf

GSA SERVICE CONTRACT CLAUSES BY REFERENCE REV. AUGUST 2015

REGION 3

SERVICE CONTRACT CLAUSES

(FIXED PRICE)

FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998):

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquisition.gov/comp/far/index.html (End of clause)

I. CLAUSES INCORPORATED BY REFERENCE:

A. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

NUMBER TITLE DATE

1. 52.202-1 Definitions NOV 13

2. 52.203-3 Gratuities APR 84

3. 52.203-5 Covenant Against Contingent Fees MAY 14

4. 52.203-6 Restrictions on Subcontractor SEP 06

Sales to the Government

5. 52.203-7 Anti-Kickback Procedures MAY 14

6. 52.203-8 Cancellation, Rescission and MAY 14

Recovery of Funds for Illegal or

Improper Activity

7. 52.203-10 Price or Fee Adjustments for MAY 14

Illegal or Improper Activity

8. 52.203-12 Limitation on Payments to OCT 10

Influence Certain Federal

Transactions

9. 52.203-13 Contractor Code of Business APR 10

Ethics and Conduct (Applies to

Acquisitions Exceeding $5 Million)

10. 52.203-14 Display of Hotline Poster(s) DEC 07

(Applies to Acquisitions Exceeding

$5 Million)

NOTE: Paragraph (b)(3) of FAR 52.203-14 is as follows for this solicitation:

(3) Any required posters may be obtained as follows:

Poster: GSA Office of Inspector General “FraudNet Hotline” Poster

Obtain from: Contracting Officer.

11. 52.203-17 Contractor Employee Whistleblower APR 14

Rights and Requirement to Inform

Employees of Whistleblower Rights

12. 52.204-4 Printed or Copied Double-Sided on MAY 11 http://www.acquisition.gov/comp/far/index.html

Postconsumer Fiber Content Paper

13. 52.204-9 Personal Identity Verification JAN 11

Of Contractor Personnel

14. 52.204-10 Reporting Executive Compensation JUL 13

And First-Tier Subcontract

Awards

15. 52.204-13 System for Award Management JUL 13

Maintenance

16. 52.204-14 Service Contract Reporting JAN 14

Requirements

(See FAR 4.1703(a) for reporting requirement threshold)

17. 52.204-15 Service Contract Reporting JAN 14

Requirements for Indefinite-Delivery

Contracts

(See FAR 4.1703(a) for reporting requirement threshold) *Only applicable to Indefinite-

Delivery Contracts*

18. 52.204-18 Commercial and Government Entity JULY 15

Code Maintenance

19. 52.204-19 Incorporation by Reference of DEC 14

Representations and Certifications

20. 52.209-6 Protecting the Government’s AUG 13

Interest when Subcontracting with Contractors Debarred, Suspended or Proposed for

Debarment

21. 52.209-10 Prohibition on Contracting With DEC 14

Inverted Domestic Corporations

22. 52.210-1 Market Research APR 11

(Applies to Acquisitions Exceeding

$5 Million)

(Clauses 23 through 26 apply to contracts awarded via Sealed Bidding.)

23. 52.214-26 Audit and Records - Sealed OCT 10

Bidding

24. 52.214-27 Price Reduction for Defective AUG 11

Cost or Pricing Data -

Modifications - Sealed Bidding

25. 52.214-28 Subcontractor Cost or Pricing OCT 10

Data - Modifications - Sealed

Bidding

NUMBER TITLE DATE

26. 52.214-29 Order of Precedence - Sealed JAN 86

Bidding

(Clauses 27 through 35 apply to contracts awarded via

Negotiation.)

27. 52.215-2 Audit and Records - Negotiation OCT 10

28. 52.215-8 Order of Precedence - Uniform OCT 97

Contract Format

29. 52.215-10 Price Reduction for Defective AUG 11

Cost or Pricing Data

30. 52.215-12 Subcontractor Cost or Pricing OCT 10

Data

31. 52.215-15 Pension Adjustment and Asset OCT 10

Reversions

32. 52.215-16 Facilities Capital Cost of Money JUN 03

33. 52.215-17 Waiver of Facilities Capital OCT 97

Cost of Money

34. 52.215-18 Reversion or Adjustment of Plans JUL 05 for Post-Retirement Benefits (PRB) other than Pensions

35. 52.215-19 Notification of Ownership Changes OCT 97

36. 52.219-8 Utilization of Small Business OCT 14

Concerns

37. 52.219-9 Small Business Subcontracting OCT 14

Plan [Alternate I (OCT 01) applies to Sealed Bidding]

38. 52.219-16 Liquidated Damages - JAN 99

Subcontracting Plan

39. 52.219-28 Post-Award Small Business Program JUL 13

Re-representation

40. 52.222-1 Notice to the Government of Labor FEB 97

Disputes

41. 52.222-3 Convict Labor JUN 03

42. 52.222-4 Contract Work Hours and Safety MAY 14

Standards - Overtime

Compensation

43. 52.222-17 Nondisplacement of Qualified MAY 14

Workers

44. 52.222-21 Prohibition of Segregated APR 15

Facilities

45. 52.222-26 Equal Opportunity APR 15

46. 52.222-36 Euqal Opportunity for Workers JUL 14 with Disabilities

47. 52.222-35 Equal Opportunity for Veterans JUL 14

48. 52.222-37 Employment Reports on Veterans JUL 14

NUMBER TITLE DATE

49. 52.222-40 Notification of Employee Rights

Under the National Labor Relations

Act DEC 10

50. 52.222-50 Combating Trafficking in Persons MAR 15

51. 52.222-54 Employment Eligibility AUG 13

Verification

52. 52.222-55 Minimum Wages Under Executive DEC 14

Order 13658

53. 52.223-3 Hazardous Material Identification JAN 97 and Material Safety Data

- Alternate I (JUL 95)

54. 52.223-5 Pollution Prevention & Right-to- MAY 11

Know Information

55. 52.223-6 Drug-Free Workplace MAY 01

56. 52.223-10 Waste Reduction Program MAY 11

57. 52.223-11 Ozone Depleting Substances MAY 01

58. 52.223-12 Refrigeration Equipment and Air MAY 95

Conditioners

59. 52.223-16 IEEE 1680 Standard for the DEC 07

Environmental Assessment of

Personal Computer Products

60. 52.223-18 Encouraging Contractor Policies to AUG 11

Ban Text Messaging While Driving

61. 52.223-19 Compliance with Environmental MAY 11

Management Systems

62. 52.225-1 Buy American – Supplies MAY 14 (Applies to contracts <$25,000 or to small business set-asides of any dollar value)

63. 52.225-3 Buy American – Free Trade MAY 14

Agreements - Israeli Trade Act (Applies to contracts of $25,000 or more, but less than $202,000, unless set-aside for small business)

64. 52.225-5 Trade Agreements (Applies to NOV 13 contracts of $202,000 or more unless set-aside for small business)

65. 52.225-13 Restrictions on Certain Foreign JUN 08

Purchases

66. 52.227-1 Authorization and Consent DEC 07

67. 52.227-2 Notice and Assistance Regarding DEC 07

Patent and Copyright Infringement

68. 52.227-3 Patent Indemnity APR 84

69. 52.228-5 Insurance - Work on a Government JAN 97

Installation

70. 52.229-3 Federal, State and Local Taxes FEB 13

(Applies to competitive awards)

71. 52.229-4 Federal, State and Local Taxes FEB 13

(State and Local Adjustments)

(Applies to non-competitive awards)

(Clauses 72 through 74 do not apply to any of the following:

contracts awarded via sealed bidding; contracts and subcontracts awarded to small business concerns; contracts and subcontracts of $700,000 or less; firm fixed-price contracts awarded on the basis of adequate price competition without the submission of cost or pricing data; any other contract or subcontract exempted by FAR Appendix 9903.201-1.)

72. 52.230-2 Cost Accounting Standards MAY 14

73. 52.230-3 Disclosure and Consistency of MAY 14

Cost Accounting Practices

74. 52.230-6 Administration of Cost Accounting MAR 08

Standards

75. 52.232-1 Payments APR 84

76. 52.232-8 Discounts for Prompt Payment FEB 02

77. 52.232-11 Extras APR 84

78. 52.232-17 Interest MAY 14

79. 52.232-23 Assignment of Claims MAY 14

80. 52.232-25 Prompt Payment * JUL 13

81. 52.232-33 Payment by Electronic Funds JUL 13

Transfer – System for Award

Management

82. 52.232-39 Unenforceability of Unauthorized JUL 13

Obligations

83. 52.232-40 Providing Accelerated Payment to DEC 13

Small Business Subcontractors

84. 52.233-1 Disputes – MAY 14

Alternate I (DEC 91)

85. 52.233-3 Protest After Award AUG 96

86. 52.233-4 Applicable Law for Breach of OCT 04

Contract Claim

87. 52.236-13 Accident Prevention NOV 91

88. 52.237-2 Protection of Government APR 84

Buildings, Equipment, and

Vegetation

89. 52.242-13 Bankruptcy JUL 95

NUMBER TITLE DATE

90. 52.243-1 Changes-Fixed Price – AUG 87

Alternate I (APR 84)

91. 52.244-6 Subcontracts for Commercial Items APR 15

92. 52.246-25 Limitation of Liability - Services FEB 97

93. 52.248-1 Value Engineering OCT 10

94. 52.249-4 Termination for the Convenience APR 84 of the Government (Services)

(Short Form)

95. 52.249-8 Default (Fixed Price Supply APR 84 and Service)

96. 52.253-1 Computer Generated Forms JAN 91

*FAR 52.232-25, Prompt Payment, is supplemented as follows:

In addition to the requirements for a proper invoice specified in the Prompt Payment clause of this contract or order, the following information or documentation must be submitted with each invoice:

(a) Invoices shall be submitted in an original only, unless otherwise specified, to the designated billing office specified in this contract or order.

(b) Invoices must include the Account Document Number

(ADN) assigned at award. The ADN must be listed on all invoices in order to ensure proper payment. The ADN for this requirement is located on Block #20 of the Standard Form 1449.

(c) If this Contract is funded wholly or in part by the

American Recovery and Reinvestment Act of 2009 (ARRA), all invoices for work components or Contract Line Items (CLINs) identified as ARRA-funded must cite the work component or CLIN to enable GSA to meet its reporting obligations under ARRA

(d) The GSA Form 2419, Certification of Progress Payments under

Fixed Price Construction Contracts, should also be submitted with each progress payment request (Construction contracts only).

(e) The GSA Form 1142, Release of Claims, is required to be submitted only on the Final Payment request.

B. GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION

(GSAR) CLAUSES:

1. 552.203-71 Restriction on Advertising SEP 99

2. 552.215-70 Examination of Records by GSA FEB 96

3. 552.228-5 Government as Additional Insured MAY 09

4. 552.237-71 Qualifications of Employees MAY 89

5. 552.219-75 GSA Mentor-Protégé Program SEP 09 (applies to unrestricted solicitations and contracts)

6. 552.219-76 Mentor Requirements And Evaluation MAR 12 (applies contracts where the prime contractor has signed a Mentor-Protégé Agreement with GSA)

II. CLAUSES INCORPORATED IN FULL TEXT: The complete text of the contract clauses listed below is provided in this Section.

These clauses are incorporated in full text because they contain approved Deviations to Federal Acquisition Regulation (FAR) language; contain information specific to GSA Region 3 procurements; or are otherwise unsuitable for incorporation by reference.

A. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

1. 52.209-9 Updates of Publicly Available

Information Regarding

Responsibility Matters JUL 13

2. 52.211-1 Availability of Specifications AUG 98

Listed in the GSA Index of

Federal Specifications, Standards and Commercial Item

Descriptions, FPMR Part 101-29

3. 52.223-2 Affirmative Procurement of SEP 13

Biobased Products Under Service

And Construction Contracts

4. 52.223-9 Estimate of Percentage of MAY 08

Recovered Materials Content for

EPA-Designated Products –

Alternate I (MAY 2008)

5. 52.223-5 Energy Efficiency in Energy- DEC 07

Consuming Products

6. 52.223-17 Affirmative Procurement of EPA- MAY 08

Designated Items in Service and

Construction Contracts

7. 52.233-2 Service of Protest SEP 06

B. GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION

(GSAR) CLAUSES:

1. 552.204-9 Personal Identity Verification OCT 12

Requirements

2. 552.252-6 Authorized Deviations in SEP 99

Clauses (DEVIATION FAR 52.252-6)

FULL TEXT OF FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

1. FAR 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION

REGARDING RESPONSIABILITY MATTERS (JUL 2013)

(THIS CLAUSE APPLIES IF THE CONTRACT VALUE EXCEEDS $500,000 and the offeror has checked “has” in paragraph (b) of 52.209-7, Information Regarding Responsibility Matters)

(a) The Contractor shall update the information in the Federal

Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award

Management database viahttps://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental

Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011;

or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

https://acquisition.gov/far/current/html/Subpart%2042_15.html#wp1075411

(c) The Contractor will receive notification when the

Government posts new information to the Contractor’s record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of

FAPIIS is covered by a disclosure exemption under the Freedom of

Information Act, the Government official who posted the information must within 7 calendar days remove the posting from

FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the

Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of

6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to

April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

(End of clause)

2. FAR 52.211-1, AVAILABILITY OF SPECIFICATIONS LISTED IN THE

GSA INDEX OF FEDERAL SPECIFICATIONS, STANDARDS AND COMMERCIAL

ITEM DESCRIPTIONS, FPMR 101-29 (AUG 1998)

(a) The GSA Index of Federal Specifications, Standards and

Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to GSA Federal Supply Service, Specifications Section, Suite 8100, 470 East L’Enfant Plaza SW, Washington DC 20407.

Telephone (202) 619-8925 Facsimile (202) 619-8978

(b) If the General Services Administration, Department of

Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee https://acquisition.gov/far/current/html/52_207_211.html#wp1145644 in paragraph (a) of this provision. Additional copies will be issued for a fee. (End of provision)

3. FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS

UNDER SERVICE AND CONSTRUCTION CONTRACTS (SEP 2013)

(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United States

Department of Agriculture (USDA)-designated items unless—

(1) The product cannot be acquired—

(i) Competitively within a time frame providing for compliance with the contract performance schedule;

(ii) Meeting contract performance requirements; or

(iii) At a reasonable price.

(2) The product is to be used in an application covered by a

USDA categorical exemption (see 7 CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:

(i) Spacecraft system and launch support equipment.

(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.

(b) Information about this requirement and these products is available at http://www.biopreferred.gov.

(c) In the performance of this contract, the Contractor shall—

(1) Report to http://www.sam.gov, with a copy to the

Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the

Contractor during the previous Government fiscal year, between

October 1 and September 30; and

(2) Submit this report no later than—

(i) October 31 of each year during contract performance;

and

(ii) At the end of contract performance. (End of Clause

4. FAR 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL

CONTENT FOR EPA-DESIGNATED PRODUCTS (MAY 2008) – ALT I (MAY

2008)

(a) Definitions. As used in this clause –

“Postconsumer material” means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material”.

“Recovered material” means waste materials and by-products recovered or diverted from solid waste, but the term does not http://www.biopreferred.gov/ http://www.sam.gov/ include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor shall execute the following certification required by the Resource Conservation and

Recovery Act of 1976 (42 U.S.C. 962(I)(2)(C)):

CERTIFICATION

I, _____________________________________ (name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

Signature of the Officer or Employee

Typed Name of the Officer or Employee

Title

Name of Company, Firm or Organization

Date

(c) The Contractor, on completion of this contract, shall –

(1) Estimate the percentage of the total recovered material used in contract performance, including, if applicable, the percentage of postconsumer material content; and

(2) Submit this estimate to the Contracting Officer:

ESTIMATE

EPA

designated item

Total dollar value of EPA designated item

Percentage of recovered material content*

*Where applicable, also include the percentage of post consumer material content. (End of clause)

5. FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING

PRODUCTS (DEC 2007)

(a) Definition. As used in this clause---

“Energy-efficient product”---

(1) Means a product that---

(i) Meets Department of Energy and Environmental

Protection Agency criteria for use of the Energy Star trademark label; or

(ii) Is in the upper 25 percent of efficiency for all similar products as designated by the Department of Energy’s

Federal Energy Management Program.

(2) The term “product” does not include any energy-consuming product or system designed or procured for combat or combat-related missions (42 U.S.C. 8259b).

(b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e., ENERGY STAR® products or FEMP-designated products) at the time of contract award, for products that are---

(1) Delivered;

(2) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(3) Furnished by the Contractor for use by the Government;

or

(4) Specified in the design of a building or work, or incorporated during its construction, renovation or maintenance.

(c) The requirements of paragraph (b) apply to the

Contractor (including any subcontractor) unless---

(1) The energy-consuming product is not listed in the

ENERGY STAR® Program or FEMP; or

(2) Otherwise approved in writing by the Contracting

Officer.

(d) Information about these products is available for---

(1) ENERGY STAR® at http://www.energystar.gov/products;and

(2) FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html.

(End of clause)

6. FAR 52.223-17, AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED

ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

http://www.energystar.gov/products http://www1.eere.energy.gov/femp/procurement/eep_requirements.html

(a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired---

(1) Competitively within a timeframe providing for compliance with the contract performance schedule;

(2) Meeting contract performance requirements; or

(3) At a reasonable price.

(b) Information about this requirement is available at

EPA’s Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg. The list of EPA-designated items is available at http://www.epa.gov/cpg/products.htm. (End of clause)

7. FAR 52.233-2, SERVICE OF PROTEST (SEP 2006).

(a) Protests, as defined in Section 33.101 of the Federal

Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government

Accountability Office (GAO), shall be served on the Contracting

Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from:

General Services Administration, Region 3

Attn: (Insert Contracting Officer’s Name)

20 N. 8th Street, Philadelphia, PA 19107

(b) The copy of any protest shall be received in the offices designated above within one day of filing a protest with the GAO. (End of provision)

FULL TEXT OF GENERAL SERVICES ADMINISTRATION ACQUISITION

REGULATION (GSAR) CLAUSES:

1. GSAR 552.204-9, Personal Identity Verification Requirements

(OCT 2012)

(a) The contractor shall comply with GSA personal identity verification requirements, identified at http://www.gsa.gov/hspd12, if contractor employees require access to GSA controlled facilities or information systems to perform contract requirements.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have access to a GSA-controlled facility or access to a GSA-controlled information system.

http://www.epa.gov/cpg http://www.epa.gov/cpg/products.htm http://www.gsa.gov/hspd12

2. GSAR 552.252-6, AUTHORIZED DEVIATIONS IN CLAUSES (SEP 1999)

(DEVIATION FAR 52.252-6)

(a) Deviations to FAR Clauses.

(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of "(DEVIATION)" after the date of the clause, if the clause is not published in the General Services

Administration Acquisition Regulation (48 CFR Chapter 5).

(2) This solicitation indicates any authorized deviation to a

Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of "(DEVIATION (FAR clause no.))" after the date of the clause.

(b) Deviations to GSAR Clauses. This solicitation indicates any authorized deviation to a General Services

Administration Acquisition Regulation clause by the addition of

"(DEVIATION)" after the date of the clause.

(c) "Substantially the same as" clauses. Changes in wording of clauses prescribed for use on a "substantially the same as” basis are not considered deviations. (End of clause)