FAR_and_HSAR_Changes.doc

I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.204-7 System for Award Management (OCT 2016).

52.204-12 Data Universal Numbering System Number Maintenance (OCT 2016).

52.204-13 System for Award Management Maintenance (OCT 2016).

52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment (OCT 2015). (Applicable if contract value exceeds $35,000).

52.212-1 Instructions to Offerors-Commerical items (OCT 2016).

52.213-4 Terms and Conditions – Simplified Acquisitions (Other Than Commercial Items) (NOV 2016).

The full text of a clause may be accessed electronically at the site listed above.

52.214-34 Submission of Offers in the English Language (Apr 1991)

52.214.35 Submission of Offers in U.S. Currency (Apr 1991)

52.215-8 Order of Precedence – Uniform Contract Format (OCT 1997).

52.219-1 Small Business Program Representations. (Oct 2014).

52.219-6 Notice of Total Small Business Set-Aside. (Nov 2011).

52.219-13 Notice of Set-Aside of Orders. (Nov 2011)

52.219-28 Post-Award Small Business Program Representation (Jul 2013).

52.222-3 Convict Labor (JUN 2003).

52.222-6 Construction Wage Rate Requirements (May 2014).

52.222-7 Withholding of Funds (May 2014).

52.222-8 Payrolls and Basic Records (May 2014).

52.222-9 Apprentices and Trainees (JUL 2005).

52.222-10 Compliance with Copeland Act Requirements (FEB 1988).

52.222-11 Subcontracts (Labor Standards) (May 2014).

52.222-12 Contract Termination - Debarment (May 2014).

52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. (May 2014).

52.222-14 Disputes Concerning Labor Standards (Feb 1988).

52.222-15 Certification of Eligibility (May 2014).

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000. (May 2014)

52.222-21 Prohibition on Segregated Facilities (Apr 2015).

52.222-26 Equal Opportunity (SEP 2016).

52.222-27 Affirmative Action Compliance Requirements for Construction (Apr 2015)

52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) 52.222-50 Combating Trafficking in Persons (Mar 2015).

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015)

52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts (SEP 2013) 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011).

52.223-6 Drug-Free Workplace (MAY 2001).

52.223-11 Ozone-Depleting Substances (JUN 2016) .

52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007).

52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008).

52.227-1 Authorization and Consent (DEC 2007).

52.227-4 Patent Indemnity--Construction Contracts (DEC 2007).

52.228-5 Insurance--Work on a Government Installation (JAN 1997).

52.232-5 Payments Under Fixed-Price Construction Contracts (May 2014).

52.232-23 Assignment of Claims (May 2014).

52.232-27 Prompt Payment for Construction Contracts (May 2014).

52.232-33 Payment by Electronic Funds Transfer-System for Award Management. (Jul 2013) Please register via the following website: http://www.sam.gov 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (DEC 2013)

52.233-1 Disputes (May 2014).

52.233-3 Protest After Award (AUG 1996).

52.233-4 Applicable Law for Breach of Contract Claims (OCT 2004).

52.236-2 Differing Site Conditions (APR 1984).

52.236-3 Site Investigation and Conditions Affecting the Work (APR 1984).

52.236-5 Material and Workmanship (APR 1984).

52.236-6 Superintendence by the Contractor (APR 1984). 100% required at all times 52.236-7 Permits and Responsibilities (NOV 1991).

52.236-8 Other Contracts (APR 1984).

52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements (APR 1984).

52.236-10 Operations and Storage Areas (APR 1984).

52.236-11 Use and Possession Prior to Completion (APR 1984).

52.236-12 Cleaning Up (APR 1984).

52.236-13 Accident Prevention (NOV 1991).

52.236-14 Availability and Use of Utility Services (APR 1984).

52.236-15 Schedules for Construction Contracts (APR 1984).

52.236-17 Layout of Work (APR 1984).

52.236-21 Specifications & Drawings for Construction (FEB 1997) (ALT 1) (APR 1984).

52.236-26 Preconstruction Conference (FEB 1995).

52.236-28 Preparation of Proposals-Construction (Oct 1997)

52.243-5 Changes and Changed Conditions (APR 1984).

52.244-6 Subcontracts for Commercial Items (NOV 2016).

52.245-1 GOVERNMENT PROPERTY (APR 2012)

52.246-12 Inspection of Construction (AUG 1996).

52.246-21 Warranty of Construction (MAR 1994).

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). (APR 1984) 52.249-10 Default (Fixed-Price Construction) (APR 1984).

52.252-5 Authorized Deviations in Provisions (APR 1984) 52.253-1 Computer Generated Forms (JAN 1991).

I-6. DEPARTMENT OF HOMELAND SECURITY ACQUISITION REGULATION (48 CFR Chapter 30)

CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Full text of clauses may be obtained at https://www.acquisition.gov/?q=browsefar.

3052.211-70 Index for Specifications (DEC 2003).

3052.222-70 Strikes or Picketing Affecting Timely Completion of the Contract Work (DEC 2003).

3052.222-71 Strikes or Picketing Affecting Access to a DHS Facility (DEC 2003).

3052.222-90 Local Hire (JUNE 2006).

3052.223-70 Removal or Disposal of Hazardous Substances – Applicable Licenses and Permits (JUN 2006).

(30 days) 3052.223-90 Accident and Fire Reporting (DEC 2003).

3052.228-70 Insurance (DEC 2003).

3052.228-90 Notification of Miller Act Payment Bond Protection (DEC 2003).

3052.242-71 Dissemination of Contract information (DEC 2003). CANCELLED

I-9. HSAR 3052.204-71 CONTRACTOR EMPLOYEE ACCESS (JUN 2006)

3052.204-71 Contractor employee access.

As prescribed in (HSAR) 48 CFR 3004.470-3(b), insert a clause substantially the same as follows with appropriate alternates:

CONTRACTOR EMPLOYEE ACCESS

(SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections in accordance with subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability. Completed forms shall be submitted as directed by the Contracting Officer. Upon the Contracting Officer's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required. All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Contracting Officer may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(End of clause)

ALTERNATE I

(SEP 2012)

When the contract will require Contractor employees to have access to Information Technology (IT) resources, add the following paragraphs:

(g) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the Contracting Officer’s Technical Representative (COTR) will arrange, and complete any nondisclosure agreement furnished by DHS.

(h) The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COTR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources not expressly authorized by the statement of work, other terms and conditions in this contract, or as approved in writing by the COTR, is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved.

(i) Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the Contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government Furnished Equipment (GFE).

(j) Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access.

(k) Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department’s Chief Security Officer (CSO) and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted:

(1) There must be a compelling reason for using this individual as opposed to a U. S. citizen; and

(2) The waiver must be in the best interest of the Government.

(l) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer.

(End of clause)

ALTERNATE II

(JUN 2006)

When the Department has determined contract employee access to sensitive information or Government facilities must be limited to U.S. citizens and lawful permanent residents, but the contract will not require access to IT resources, add the following paragraphs:

(g) Each individual employed under the contract shall be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by a Permanent Resident Card (USCIS I-551). Any exceptions must be approved by the Department’s Chief Security Officer or designee.

(h) Contractors shall identify in their proposals, the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the contracting officer.

K-3. 52.204-16 Commercial and Government Entity Code Reporting.

As prescribed in 4.1804(a), use the following provision:

Commercial and Government Entity Code Reporting (Jul 2016)

(a) Definition. As used in this provision –

“Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via–

(1) Registration in the System for Award Management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Commercial and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at https://cage.dla.mil.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA at https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus, as well as additional information on obtaining NCAGE codes, are available at http://www.nato.int/structur/AC/135/main/links/contacts.htm.

(d) Additional guidance for establishing and maintaining CAGE codes is available at https://cage.dla.mil.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision)