SAP__Service_Clauses.pdf

SERVICE CONTRACT CLAUSES

SIMPLIFIED ACQUISITION PROCEDURES

CATEGORY CLAUSE REFERENCE TITLE

GENERAL 1.1 FAR 52.202-1 DEFINITIONS (NOV 2013)

1.2 FAR 52.204-7 SYSTEM FOR AWARD MANAGE-

MENT (SAM) (JULY 2013)

1.3 FAR 52.233-3 PROTEST AFTER AWARD (AUG

1996)

1.4 FAR 52.253-1 COMPUTER GENERATED FORMS

(JAN 1991)

1.5 GSAR 552.252-6 AUTHORIZED DEVIATIONS OR

VARIATIONS IN CLAUSES (DEVIA-

TION FAR 52.252-6) (SEP 1999)

SOCIOECONOMIC

PROGRAMS

2.1 FAR 52.219-6 NOTICE OF TOTAL SMALL BUSI-

NESS SET-ASIDE (NOV 2011)

2.2 FAR 52.219-28 POST-AWARD SMALL BUSINESS

PROGRAM REPRESENTATION

(JUL 2013)

EMPLOYMENT PRACTICES

AND LABOR STANDARDS

3.1 FAR 52.222-1 NOTICE TO THE GOVERNMENT OF

LABOR DISPUTES (FEB 1997)

3.2 FAR 52.222-3 CONVICT LABOR (JUN 2003)

3.3 RESERVED RESERVED

3.4 RESERVED RESERVED

3.5 FAR 52.222-20 WALSH-HEALEY PUBLIC CON-

TRACTS ACT (OCT 2010)

3.6 FAR 52.222-21 PROHIBITION OF SEGREGATED

FACILITIES (FEB 1999)

3.7 FAR 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

3.8 RESERVED RESERVED

3.9 FAR 52.222-36 AFFIRMATIVE ACTION FOR

WORKERS WITH DISABILITIES

(OCT 2010)

3.10 RESERVED RESERVED

3.11 FAR 52.222-41 SERVICE CONTRACT ACT (NOV

2007)

3.12 FAR 52.222-42 STATEMENT OF EQUIVALENT

RATES FOR FEDERAL HIRES (MAY

1989)

3.13 FAR 52.222-50 COMBATING TRAFFICKING IN

PERSONS (FEB 2009)

3.14 FAR 52.222-43 FAIR LABOR STANDARDS ACT

AND SERVICE CONTRACT ACT-

PRICE ADJUSTMENT (MULTIPLE

YEAR AND OPTION CONTRACTS)

(SEP 2009)

ENVIRONMENTAL PRO-

TECTION, CONSERVATION,

OCCUPATIONAL SAFETY,

AND DRUG FREE WORK-

PLACE

4.1 FAR 52.223-2 AFFIRMATIVE PROCUREMENT OF

BIOBASED PRODUCTS UNDER

SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013)

4.2 FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFI-

CATION AND MATERIAL SAFETY

DATA (JAN 1997)

4.3 FAR 52.223-5 POLLUTION PREVENTION AND

RIGHT TO KNOW INFORMATION

(MAY 2011)

4.4 FAR 52.223-6 DRUG-FREE WORKPLACE (MAY

2001)

4.5 FAR 52.223-10 WASTE REDUCTION PROGRAM

(MAY 2011)

4.6 FAR 52.223-11 OZONE DEPLETING SUBSTANCES

(MAY 2001)

4.7 FAR 52.223-12 REFRIGERATION EQUIPMENT AND

AIR CONDITIONERS (MAY 1995)

4.8 RESERVED RESERVED

4.9 FAR 52.223-15 ENERGY EFFICIENCY IN ENERGY-

CONSUMING PRODUCTS (DEC

2007)

4.10 FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF

EPA-DESIGNATED ITEMS IN SER-

VICE AND CONSTRUCTION CON-

TRACTS (MAY 2008)

4.11 FAR 52.223-18 ENCOURAGING CONTRACTOR

POLICIES TO BAN TEXT MESSAG-

ING WHILE DRIVING (AUG 2011)

PRIVACY ACT 5.1 FAR 52.224-1 PRIVACY ACT NOTIFICATION (APR

1984)

5.2 FAR 52.224-2 PRIVACY ACT (APR 1984)

BUY AMERICAN 6.1 FAR 52.225-1 BUY AMERICAN ACT – SUPPLIES

(FEB 2009)

6.2 RESERVED RESERVED

6.3 FAR 52.225-13 RESTRICTIONS ON CERTAIN FOR-

EIGN PURCHASES (JUN 2008)

6.4 FAR 52.233-4 APPLICABLE LAW FOR BREACH

OF CONTRACT CLAIM (OCT 2004)

BONDS AND INSURANCE 7.1 FAR 52.228-5 INSURANCE – WORK ON A GOV-

ERNMENT INSTALLATION

(JAN 1997)

7.2 FAR 52.228-2 ADDITIONAL BOND SECURITY

(OCT 1997)

7.3 FAR 52.228-11 PLEDGES OF ASSETS (JAN 2012)

7.4 FAR 52.228-14 IRREVOCABLE LETTER OF CREDIT

(DEC 1999)

PERFORMANCE 8.1 RESERVED RESERVED

8.2 FAR 52.237-2 PROTECTION OF GOVERNMENT

BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

8.3 GSAR 552.237-71 QUALIFICATIONS OF EMPLOYEES

(MAY 1989)

PAYMENT 9.1 FAR 52.232-1 PAYMENTS (APR 1984)

9.2 FAR 52.232-8 DISCOUNTS FOR PROMPT PAY-

MENTS (FEB 2002)

9.3 FAR 52.232-9 LIMITATION ON WITHHOLDING OF

PAYMENTS (APR 1984)

9.4 FAR 52.232-11 EXTRAS (APR 1984)

9.5 FAR 52.232-23 ASSIGNMENT OF CLAIMS (JAN

1986)

9.6 FAR 52.232-25 PROMPT PAYMENT (JUL 2013)

9.7 FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS

TRANSFER – SYSTEM FOR

AWARD MANAGEMENT (JUL 2013)

9.8 RESERVED RESERVED

9.9 RESERVED RESERVED

DISPUTES AND TERMINA-

TION

10.1 FAR 52 .233-1 DISPUTES (JUL 2002)

10.2 FAR 52.249-1 TERMINATION FOR THE CONVEN-

IENCE OF THE GOVERNMENT

(FIXED PRICE) (SHORT FORM)

(APR 1984)

10.3

FAR 52.249-8 DEFAULT (FIXED-PRICE SUPPLY

AND SERVICE) (APR 1984)

10.4 FAR 52.249-14 EXCUSABLE DELAYS (APR 1984)

OTHER 11.1 FAR 52.209-6 PROTECTING THE GOVERN-

MENT’S INTERESTS WHEN SUB-

CONTRACTING (AUG 2013)

11.2 FAR 52.243-1 CHANGES—FIXED PRICE (Alt 1)

(AUG 1987)

11.3 FAR 52.244-6 SUBCONTRACTS FOR COMMER-

CIAL ITEMS (DEC 2013)

11.4 FAR 52.246-4 INSPECTION OF SERVICES (FIXED

PRICE) (AUG 1996)

11.5

11.6

11.7

FAR 52.204-9

FAR 52.204-10

GSA ORDER PBS

3490.1A

PERSONAL IDENTITY VERIFICA-

TION OF CONTRACTOR PERSON-

AL (JAN 2011)

REPORTING EXECUTIVE COM-

PENSATION AND FIRST-TIER

SUBCONTRACT AWARDS (JUL

2013)

DOCUMENT SECURITY FOR SEN-

SITIVE BUT UNCLASSIFIED BUILD-

ING INFORMATION

11.8 FAR 52.217-8 OPTION TO EXTEND SERVICES

11.9

FAR 52.217-9 OPTION TO EXTE3ND THE TERM

OF THE CONTRACT

GENERAL

1.1. FAR 52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisi-tion Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless—

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a differ-ent meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

1.2. FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(a) Definitions. As used in this provision—

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and

Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by

D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for Award Management records for identifying alternative Electronic Funds

Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the System for Award Management (SAM) database” means that—

(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the Contractor and Government Entity (CAGE) code, as well as data required by the Federal

Funding Accountability and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and

Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer

Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to pro-vide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Of-ficer to verify that the offeror is registered in the SAM database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet ac-cess, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The of-feror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

https://acquisition.gov/far/current/html/Subpart%202_1.html#wp1145508 https://acquisition.gov/far/current/html/FARTOCP31.html#wp253693 https://acquisition.gov/far/current/html/Subpart%2032_11.html#wp1043964 https://acquisition.gov/far/current/html/Subpart%204_14.html#wp1075239 http://fedgov.dnb.com/webform

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and ZIP Code.

(iv) Company Mailing Address, City, State and ZIP Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Con-tracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered

Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when register-ing. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) Offerors may obtain information on registration at https://www.acquisition.gov .

1.3 FAR 52.233-3 PROTEST AFTER AWARD (AUG 1996)

(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Con-tractor to stop performance of the work called for by this contract. The order shall be specifically identi-fied as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall im-mediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allo-cable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Con-venience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, ac-cordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its rights to an adjustment within 30 days after the end of the period of work stoppage; provided that if the Contracting Officer decides the facts justify the action, the Con-tracting Officer may receive and act upon a proposal at any time before final payment under the contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the conven-ience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the

Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause.

https://www.acquisition.gov/

(f) If, as the result of the Contractor’s intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as pro-vided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Govern-ment.

1.4 FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisi-tion Regulation (FAR) may be submitted on a computer generated version of the form, provided, there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional Form number and edition date.

(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.

(c) If the Contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the re-quired form.

1.5 GSAR 552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (DEVIATIONS FAR 52.252-6)

(SEP 1999)

(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 addi-tion of “(DEVIATION (FAR clause no.))” after the date of the clause.

(b) Deviations to Clauses. This solicitation indicates any authorized deviation to a General Services Ad-ministration 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 “substan-tially the same as” basis are not considered deviations.

SOCIOECONOMIC PROGRAMS

2.1 FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET ASIDE (NOV 2011)

(a) Definition. “Small business concern,” as used in this clause, means a concern, including its affili-ates, that is independently owned and operated, not dominant in the field of operation in which it is bid-ding on Government contracts, and qualified as a small business under the size standards in this solicita-tion.

(b) Applicability. This clause applies only to—

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in

8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in perform-ing the contract, only end items manufactured or produced by small business concerns in the United

States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

2.2 FAR 52.219-28 POST-AWARD SMALL BUSINESS REPRESENTATION (JUL 2013)

(a) Definitions. As used in this clause—

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and op-erated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all ap-propriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days af-ter modification of the contract to include this clause, if the merger or acquisition occurred prior to inclu-sion of this clause in the contract.

(3) For long-term contracts—

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System

(NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufac-ture itself, for a contract other than a construction or service contract, is 500 employees.

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(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation re-quired by paragraph (b) of this clause by validating or updating all its representations in the Representa-tions and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a rep-resentation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code

______________ assigned to contract number ______________.

[Contractor to sign and date and insert authorized signer’s name and title].

EMPLOYMENT PRACTICES AND LABOR STANDARDS

3.1 FAR 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contracting Officer.

3.2 FAR 52.222-3 CONVICT LABOR (JUN 2003)

(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this con-tract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.

(b) The Contractor is not prohibited from employing per-sons—

(1) On parole or probation to work at paid employment during the term of their sentence;

(2) Who have been pardoned or who have served their terms; or

(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the

Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if—

(i) The worker is paid or is in an approved work training program on a voluntary basis;

(ii) Representatives of local union central bodies or similar labor union organizations have been consulted;

(iii) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;

(iv) The rates of pay and other conditions of employment will not be less than those paid or pro-vided for work of a similar nature in the locality in which the work is being per-formed; and

(v) The Attorney General of the United States has certified that the work-release laws or regula-tions of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943.

3.3 RESERVED

3.4 RESERVED

3.5 FAR 52.222-20 WALSH-HEALY PUBLIC CONTRACTS ACT (OCT 2010)

If this contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds or may exceed $15,000, and is subject to the Walsh-Healey Public Contracts Act, as amended (41 U.S.C. 35-45), the following terms and conditions apply:

(a) All stipulations required by the Act and regulations issued by the Secretary of Labor (41 CFR Chap-ter 50) are incorporated by reference. These stipulations are subject to all applicable rulings and interpre-tations of the Secretary of Labor that are now, or may hereafter, be in effect.

(b) All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50-202.2). Learners, student learn-ers, apprentices, and handicapped workers may be employed at less than the prescribed minimum wage

(see 41 CFR 50-202.3) to the same extent that such employment is permitted under Section 14 of the

Fair Labor Standards Act (41 U.S.C. 40).

3.6 FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

(a) “Segregated facilities,” as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segre-gated on the basis of race, color, religion, sex, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dress-ing or sleeping areas provided to assure privacy between the sexes.

(b) The Contractor agrees that it does not and will not maintain or provide for its employees any segre-gated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract.

(c) The Contractor shall include this clause in every sub-contract and purchase order that is subject to the

Equal Opportunity clause of this contract.

3.7 FAR 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

(a) Definition. “United States,” as used in this clause, means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and

Wake Island.

(b)

(1) If, during any 12-month period (including the 12 months preceding the award of this contract), the

Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause, except for work performed outside the United States by employees who were not recruited within the United States.

Upon request, the Contractor shall provide information necessary to determine the applicability of this clause.

(2) If the Contractor is a religious corporation, association, educational institution, or society, the re-quirements of this clause do not apply with respect to the employment of individuals of a particular re-ligion to perform work connected with the carrying on of the Contractor’s activities (41 CFR 60-1.5).

http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(c)

(1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. However, it shall not be a violation of this clause for the

Contractor to extend a publicly announced preference in employment to Indians living on or near an

Indian reservation, in connection with employment opportunities on or near an Indian reservation, as permitted by 41 CFR 60-1.5.

(2) The Contractor shall take affirmative action to ensure that applicants are employed, and that em-ployees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to—

(i) Employment;

(ii) Upgrading;

(iii) Demotion;

(iv) Transfer;

(v) Recruitment or recruitment advertising;

(vi) Layoff or termination;

(vii) Rates of pay or other forms of compensation; and

(viii) Selection for training, including apprenticeship.

(3) The Contractor shall post in conspicuous places available to employees and applicants for em-ployment the notices to be provided by the Contracting Officer that explain this clause.

(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without re-gard to race, color, religion, sex, or national origin.

(5) The Contractor shall send, to each labor union or representative of workers with which it has a col-lective bargaining agreement or other contract or understanding, the notice to be provided by the

Contracting Officer advising the labor union or workers’ representative of the Contractor’s commit-ments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor.

(7) The Contractor shall furnish to the contracting agency all information required by Executive Or-der 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The

Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in

41 CFR Part 60-1. Unless the Contractor has filed within the 12 months preceding the date of contract award, the Contractor shall, within 30 days after contract award, apply to either the re-gional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the Equal

Employment Opportunity Commission for the necessary forms.

(8) The Contractor shall permit access to its premises, during normal business hours, by the con-tracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations and complaint investigations. The Contractor shall permit the Government to inspect and copy any books, accounts, records (including computerized records), and other material that may be rele-vant to the matter under investigation and pertinent to compliance with Executive Order 11246, as amended, and rules and regulations that implement the Executive Order.

(9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or sus-pended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive

Order 11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(10) The Contractor shall include the terms and conditions of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each subcontractor or vendor.

(11) The Contractor shall take such action with respect to any subcontract or purchase order as the Contracting Officer may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threat-ened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United

States.

(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1

3.8 RESERVED

3.9. FAR 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

(a) General.

(1) Regarding any position for which the employee or applicant for employment is qualified, the Con-tractor shall not discriminate against any employee or applicant because of physical or mental disability.

The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices such as—

(i) Recruitment, advertising, and job application procedures;

(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;

(iii) Rates of pay or any other form of compensation and changes in compensation;

(iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;

(v) Leaves of absence, sick leave, or any other leave;

(vi) Fringe benefits available by virtue of employment, whether or not administered by the Con-tractor;

(vii) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training;

(viii) Activities sponsored by the Contractor, including social or recreational programs; and

(ix) Any other term, condition, or privilege of employment.

(2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amended.

(b) Postings.

(1) The Contractor agrees to post employment notices stating—

(i) The Contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities; and

(ii) The rights of applicants and employees.

(2) These notices shall be posted in conspicuous places that are available to employees and appli-cants for employment. The Contractor shall ensure that applicants and employees with disabilities are http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). The no-tices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Con-tracting Officer.

(3) The Contractor shall notify each labor union or representative of workers with which it has a col-lective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employ-ment, qualified individuals with physical or mental disabilities.

(c) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act.

(d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or pur-chase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary. The

Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance.

(End of clause)

Alternate I (June 1998). As prescribed in 22.1408(b), add the following as a preamble to the clause:

Notice: The following term(s) of this clause are waived for this contract: _______________ [List term(s)].

3.10 RESERVED

3.11 FAR 52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)

“Act” means the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).

“Contractor,” when this clause is used in any subcontract, shall be deemed to refer to the subcontrac-tor, except in the term “Government Prime Contractor.”

“Service employee” means any person engaged in the performance of this contract other than any per-son employed in a bona fide executive, administrative, or professional capacity, as these terms are de-fined in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons re-gardless of any contractual relationship that may be alleged to exist between a Contractor or subcon-tractor and such persons.

(b) Applicability. This contract is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not apply to con-tracts or subcontracts administratively exempted by the Secretary of Labor or exempted by

41 U.S.C. 356, as interpreted in Subpart C of 29 CFR Part 4.

(c) Compensation.

(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract.

https://www.acquisition.gov/far/current/html/Subpart%2022_14.html#wp1091781 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(2)(i) If a wage determination is attached to this contract, the Contractor shall classify any class of service employee which is not listed therein and which is to be employed under the contract

(i.e., the work to be performed is not performed by any classification listed in the wage determina-tion) so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) be-tween such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe bene-fits as are determined pursuant to the procedures in this paragraph (c).

(ii) This conforming procedure shall be initiated by the Contractor prior to the performance of con-tract work by the unlisted class of employee. The Contractor shall submit Standard Form

(SF) 1444, Request For Authorization of Additional Classification and Rate, to the Contracting Of-ficer no later than 30 days after the unlisted class of employee performs any contract work. The

Contracting Officer shall review the proposed classification and rate and promptly submit the completed SF 1444 (which must include information regarding the agreement or disagreement of the employees’ authorized representatives or the employees themselves together with the agen-cy recommendation), and all pertinent information to the Wage and Hour Division, Employment

Standards Administration, U.S. Department of Labor. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement with-in 30 days of receipt or will notify the Contracting Officer within 30 days of receipt that additional time is necessary.

(iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the Contracting Officer who shall promptly notify the Contractor of the action taken.

Each affected employee shall be furnished by the Contractor with a written copy of such determi-nation or it shall be posted as a part of the wage determination.

(iv)(A) The process of establishing wage and fringe benefit rates that bear a reasonable relation-ship to those listed in a wage determination cannot be reduced to any single formula. The ap-proach used may vary from wage determination to wage determination depending on the circum-stances. Standard wage and salary administration practices which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon.

Guidance may also be obtained from the way different jobs are rated under Federal pay systems

(Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed.

(B) In the case of a contract modification, an exercise of an option, or extension of an existing contract, or in any other case where a Contractor succeeds a contract under which the classifica-tion in question was previously conformed pursuant to paragraph (c) of this clause, a new con-formed wage rate and fringe benefits may be assigned to the conformed classification by indexing

(i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the aver-age (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the contract which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of contract work by the unlisted class of employees, the

Contractor shall advise the Contracting Officer of the action taken but the other procedures in subdivision (c)(2)(ii) of this clause need not be followed.

http://www.arnet.gov/far/current/html/FormsStandard63.html#wp1177073 http://www.arnet.gov/far/current/html/FormsStandard63.html#wp1177073 http://www.arnet.gov/far/current/html/FormsStandard63.html#wp1177073

(C) No employee engaged in performing work on this contract shall in any event be paid less than the currently applicable minimum wage specified under section 6(a)(1) of the Fair Labor Stand-ards Act of 1938, as amended.

(v) The wage rate and fringe benefits finally determined under this paragraph (c)(2) of this clause shall be paid to all employees performing in the classification from the first day on which contract work is performed by them in the classification. Failure to pay the unlisted employees the com-pensation agreed upon by the interested parties and/or finally determined by the Wage and Hour

Division retroactive to the date such class of employees commenced contract work shall be a vio-lation of the Act and this contract.

(vi) Upon discovery of failure to comply with paragraph (c)(2) of this clause, the Wage and Hour

Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class or classes of employees commenced contract work.

(3) Adjustment of compensation. If the term of this contract is more than 1 year, the minimum mone-tary wages and fringe benefits required to be paid or furnished thereunder to service employees un-der this contract shall be subject to adjustment after 1 year and not less often than once every

2 years, under wage determinations issued by the Wage and Hour Division.

(d) Obligation to furnish fringe benefits. The Contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined under paragraph (c)(2) of this clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or differen-tial cash payments, only in accordance with Subpart D of 29 CFR Part 4.

(e) Minimum wage. In the absence of a minimum wage attachment for this contract, neither the Contrac-tor nor any subcontractor under this contract shall pay any person performing work under this contract

(regardless of whether the person is a service employee) less than the minimum wage specified by sec-tion 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the Contractor or any subcontractor of any other obligation under law or contract for payment of a higher wage to any em-ployee.

(f) Successor contracts. If this contract succeeds a contract subject to the Act under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attach-ment for this contract setting forth such collectively bargained wage rates and fringe benefits, neither the

Contractor nor any subcontractor under this contract shall pay any service employee performing any of the contract work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreement, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply or unless the Secretary of Labor or the

Secretary’s authorized representative finds, after a hearing as provided in 29 CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which pre-vail for services of a character similar in the locality, or determines, as provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees employed under the predecessor con-tract was not entered into as a result of arm’s length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor Contractor’s collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predeces-sor contract was not entered into as a result of arm’s length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determi-nation shall be made part of the contract or subcontract, in accordance with the decision of the Adminis-trator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespec-tive of whether such issuance occurs prior to or after the award of a contract or subcontract (53 Comp.

Gen. 401 (1973)). In the case of a wage determination issued solely as a result of a finding of substantial variance, such determination shall be effective as of the date of the final administrative decision.

(g) Notification to employees. The Contractor and any subcontractor under this contract shall notify each service employee commencing work on this contract of the minimum monetary wage and any fringe ben-efits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a)(4) of the Act and of this contract.

(h) Safe and sanitary working conditions. The Contractor or subcontractor shall not permit any part of the services called for by this contract to be performed in buildings or surroundings or under working condi-tions provided by or under the control or supervision of the Contractor or subcontractor which are unsani-tary, hazardous, or dangerous to the health or safety of the service employees. The Contractor or sub-contractor shall comply with the safety and health standards applied under 29 CFR Part 1925.

(i) Records.

(1) The Contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work, and make them available for inspection and transcription by authorized representatives of the Wage and Hour Division, Employment Stand-ards Administration, a record of the following:

(i) For each employee subject to the Act—

(A) Name and address and social security number;

(B) Correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of payments in lieu of fringe benefits, and total daily and weekly compensation;

(C) Daily and weekly hours worked by each employee; and

(D) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee.

(ii) For those classes of service employees not included in any wage determination attached to this contract, wage rates or fringe benefits determined by the interested parties or by the Adminis-trator or authorized representative under the terms of paragraph (c) of this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will fulfill this requirement.

(iii) Any list of the predecessor Contractor’s employees which had been furnished to the Contrac-tor as prescribed by paragraph (n) of this clause.

(2) The Contractor shall also make available a copy of this contract for inspection or transcription by authorized representatives of the Wage and Hour Division.

(3) Failure to make and maintain or to make available these records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce these records, the Contracting Officer, upon direction of the Department of Labor and notification to the

Contractor, shall take action to cause suspension of any further payment or advance of funds until the violation ceases.

(4) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(j) Pay periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or regula-tions, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no later than one pay period following the end of the regular pay period in which the wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly.

(k) Withholding of payments and termination of contract. The Contracting Officer shall withhold or cause to be withheld from the Government Prime Contractor under this or any other Government contract with the Prime Contractor such sums as an appropriate official of the Department of…