9_Section_I__clean_4-4-13.doc

SECTION I, CONTRACT CLAUSES

TC "SECTION I - CONTRACT CLAUSES" \f C \l "1"

TC "I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)" \f C \l "2" I.1. 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/these addresses:

(1) http://farsite.hill.af.mil

(2) www.acquisition.gov/far/

(3) http://www.acq.osd.mil/dpap/dars/index.html (End of clause)

I.2. 52.202-1 DEFINITIONS (JAN 2012)

I.3. 52.203-3 GRATUITIES (APR 1984)

I.4. 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)

I.5. 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)

I.6. 52.203-7 ANTI-KICKBACK PROCEDURES (OCT 2010)

I.7. 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

I.8. 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

I.9. 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

I.10. 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

I.11. 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)

I.12. 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DoD OFFICIALS (SEPT 2011)

I.13. 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008) I.14. 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER HOTLINE POSTER JAN 2009)

I.15. 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)

I.16. 252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)

I.17. 252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (DEC 1991)

I.18. 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

I.19. 252.204-7004 ALTERNATE A CENTRAL CONTRACTOR REGISTRATION (SEPT 2007)

I.20. 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

I.21. 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST TIER SUBCONTRACT AWARDS (AUG 2012)

I.22. 52.204-99 SYSTEM FOR AWARD MANAGEMENT REGISTRATION (SAM) (AUG 2012)

I.23. 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991)

I.24. 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010) I.25. 52.209-9 UPDATES TO PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012)

I.26. 52.209-10 PROHIBITIONS ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (MAY 2012)

I.27. 52.210-1 MARKET RESEARCH (APR 2011)

TC "I.19 252.209-7000 ACQUISITION FROM SUBCONTRACTORS SUBJECT TO ON-SITE INSPECTION UNDER THE INTERMEDIATE-RANGE NUCLEAR FORCES (INF) TREATY (NOV 1995)" \f C \l "2"

TC "I.20 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT (MAR 1998)" \f C \l "2" I.28. 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY (DEC 2006)

I.29. 252.209-7999 PROHIBITION AGAINST CONTRACTING WITH CORPORATIONS THAT HAVE AN UNPAID DELINQUENT TAX LIABILITY OR FELONY CONVICTION UNDER FEDERAL LAW (JAN 2012)

I.30. 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENT (APR 2008)

TC "I.22 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUNE 1999)" \f C \l "2" I.31. 52.215-2 AUDIT AND RECORDS--NEGOTIATION OCT 2010)

I.32. 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I.33. 52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA MODIFICATIONS (AUG 2011)

I.34. 52.215-13 SUBCONTRACTOR COST OR PRICING DATA—MODIFICATIONS (OCT 2010)

I.35. 52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)

I.36. 52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB) OTHER THAN PENSIONS (JUL 2005)

I.37. 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

I.38. 52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA--MODIFICATIONS (OCT 2010)

I.39. 52.215-22 LIMITATION ON PASS THROUGH CHARGES- IDENTIFICATION OF SUBCONTRACT EFFORT (OCT 2009)

I.40. 52.215-23 LIMITATION ON PASS-THROUGH CHARGES (OCTOBER 2009)

I.41. 252.215-7000 PRICING ADJUSTMENTS (DEC 1991)

I.42. 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)

I.43. 52.219-9 II SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011) --ALTERNATE II (OCT 2001) (Reference 19.708(b))

I.44. 52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)

I.45. 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (JUN 2012)

I.46. 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)

I.47. 52.222-3 CONVICT LABOR (JUN 2003)

I.48. 52.222-17 NON-DISPLACEMENT OF QUALIFIED WORKERS UNDER SERVICE CONTRACTS (JAN 2013)

I.49. 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

I.50. 52.222-26 EQUAL OPPORTUNITY (MAR 2007)

I.51. 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2010)

I.52. 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)

I.53. 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (SEP 2010)

I.54. 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER NATIONAL LABOR RELATIONS ACT (DEC 2010)

I.55. 52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (NOV 2007)

I.56. 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT--PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEPT 2009)

I.57. 52.222-50 COMBATING TRAFFICKING IN PERSONS (FEB 2009)

I.58. 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)

I.59. 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

I.60. 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)

I.61. 252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

I.62. 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

I.63. 52.224-2 PRIVACY ACT (APR 1984)

I.64. 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

I.65. 52.225-25 PROHIBITION ON ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN- REPRESENTATION AND CERTIFICATION (NOV 2010) I.66. 252.225-7004 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND CANADA—SUBMISSION AFTER AWARD (OCT 2010)

TC "I.46 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JULY 2000)" \f C \l "2"

TC "I.47 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992)" \f C \l "2"

TC "I.48 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES-DoD CONTRACTS (SEP 2001)" \f C \l "2" I.67. 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES-DoD CONTRACTS (SEP 2004)

I.68. 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

I.69. 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (DEC 2007)

I.70. 52.227-3 PATENT INDEMNITY (APR 1984)

I.71. 52.227-14 RIGHTS IN DATA--GENERAL (DEC 2007)

I.72. 52.229-3 FEDERAL, STATE, AND LOCAL T AXES (APR 2003)

I.73. 52.230-2 COST ACCOUNTING STANDARDS (MAY 2012)

I.74. 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS (JULY 2010)

I.75. 252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)

I.76. 52.232-1 PAYMENTS (APR 1984)

I.77. 52.232-11 EXTRAS (APR 1984)

I.78. 52.232-17 INTEREST (OCT 2010)

I.79. 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

I.80. 52.232-19 Availability of Funds for the Next Fiscal Year. (Apr 1984)

I.81. 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)

I.82. 52.232-25 PROMPT PAYMENT (OCT 2008)

I.83. 2.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

I.84. 52.233-1 I DISPUTES (JUL 2002)--ALTERNATE I (DEC 1991)

I.85. 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.86. 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

I.87. 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

I.88. 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

I.89. 52.242-13 BANKRUPTCY (JUL 1995)

I.90. 252.242-7005 CONTRACTOR BUSINESS SYSTEMS (FEB 2012)

I.91. 52.243-1 I CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE I (APR 1984)

I.92. 252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

I.93. 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)

I.94. 52.244-2 SUBCONTRACTS (OCT 2010)

I.95. 52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

I.96 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (DEC 2010)

I.97. 52.245-1 GOVERNMENT PROPERTY (APR 2012)

I.98. 52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997)

I.99. 52.248-1 VALUE ENGINEERING (OCT 2010)

I.100. 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) TC "I.79 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)" \f C \l "2"

I.101. 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)

I.102. 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

I.103.. 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through the end of the basic performance period; or through the end of each option period, if exercised.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

I.104. 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 10% of the estimated quantities the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor--

(1) Any order for a single item in excess of 130% of the estimated quantities

(2) Any order for a combination of items in excess of 130% of the estimated quantities or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum- order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

I.105. 52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after one year following completion of the contract period of performance.

I.106. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

I.107. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 6 years and 10 months.

TC "I.87 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)" \f C \l "2" I.108. 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY (IT IS NOT A WAGE DETERMINATION): See Section J, MONETARY

EQUIVALENT

EMPLOYEE CLASS

HOURLY WAGE

GS Grade

Accounting Clerk I

$9.59

GS-02

Accounting Clerk II

$10.46

GS-03

Accounting Clerk II

$11.75

GS-04

Accounting Clerk IV

$13.14

GS-05

Computer Operator I

Computer Operator II

Computer Operator III

$14.65

GS-06

Computer Operator IV

$16.28

GS-07

Computer Operator V

$18.03

GS-08

Computer Programmer I

Computer Programmer II

Computer Programmer III

$19.92

GS-09

Computer Programmer IV

$24.10

GS-11

Computer Systems Analyst I

Computer Systems Analyst II

Computer Systems Analyst III $28.88

GS-12

General Clerk I

$8.53

GS-01

General Clerk II

General Clerk III

General Clerk IV

Health Information Specialist

Registered Nurse

Physician Assistant

Nurse Practitioner

$34.34

GS-13

Quality Assurance Specialist

Staff Trainer

Network Administrator

Intranet/ Extranet Site developer

Database Manager

Mail Clerk

Mathematical Technician

Medical Records Clerk

$16.75

Medical Records Technician

Paralegal/ Legal Assistant I

Paralegal/ Legal Assistant II

Paralegal/ Legal Assistant III

Paralegal/ Legal Assistant IV

Personnel Assistant I

Personnel Assistant I

Personnel Assistant III

Personnel Assistant IV

$14.65

GS-06

Administrative Assistant I

Administrative Assistant V

$18.03

GS-08

Technical Writer

General Schedule Step 1 does not include locality pay (End of clause)

I.109. 52.222-49 SERVICE CONTRACT ACT – PLACE OF PERFORMANCE UNKNOWN (MAY

1989)

(a) This contract is subject to the Service Contract Act, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: ________ [insert places or areas]. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by _____________ [insert time and date].

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

(End of Clause)

TC "I.54 52.230-2 COST ACCOUNTING STANDARDS (APR 1998)" \f C \l "2"

TC "I.88 52.222-49 SERVICE CONTRACT ACT--PLACE OF PERFORMANCE UNKNOWN (MAY 1989)" \f C \l "2" I.110. 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond the current fiscal year. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond the current fiscal year until funds are made available to the Contracting Officer for performance and until the contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of clause)

TC "I.90 52.243-7 NOTIFICATION OF CHANGES (APR 1984)" \f C \l "2" I.111.

52.243-7 NOTIFICATION OF CHANGES (APR 1984)

(a) Definitions. "Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer. "Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing promptly, within 30 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including--

(i) What contract line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by paragraph (b) of this clause, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in paragraph (b) of this clause, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing promptly and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall promptly countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within 30 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either--

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor's notice information is inadequate to make a decision under subparagraphs (d)(1), (2), or (3) of this clause advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made--

(i) In the contract price or delivery schedule or both; and

(ii) In such other provisions of the contract as may be affected.

(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) of this clause.

I.112. 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR chapter1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

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TDEFIC, HT9402-12-R-0005, Section I