FAR_Clauses_52.213-4_(NIHDA201800309)_Attachment_1.pdf

FAR CLAUSE 52.213-4 TERMS AND CONDITIONS—SIMPLIFIED ACQUISITIONS

(OTHER THAN COMMERCIAL ITEMS) (Jan 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).

(iii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(iv) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(v) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(vii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108- 77, 108-78 (19 U.S.C. 3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (Apr 1984).

(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).

(iii) 52.232-11, Extras (Apr 1984).

(iv) 52.232-25, Prompt Payment (Jan 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)

(vii) 52.233-1, Disputes (May 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (Jan 2017).

(ix) 52.253-1, Computer Generated Forms (Jan 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at $30,000 or more).

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(ii) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.)

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014) (41 U.S.C. chapter 65) (Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (Jul 2014) (29 U.S.C.

793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O.

13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

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(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be—

(A) Delivered;

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

(C) Furnished by the Contractor for use by the Government; or

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

(xv) 52.223-20, Aerosols (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (JUN 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition—

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information).

(xx) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).

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(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (JUN

2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (Sept 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b.

destination).

(c) FAR . 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 address(es):

[Insert one or more Internet addresses]

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights—

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 http://uscode.house.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2047_5.html#wp1072915 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1155195 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1141265 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1155640 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1155803 notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

FAR 52.213 4 (11/2016) Revised NIH (11/2016) Page 5

(i) The Contractor shall comply with the following additional Federal Acquisition Regulation (FAR) and Health and Human Services Acquisition Regulation (HHSAR) Clauses, incorporated by reference, when the applicable circumstances apply. Each reference includes abbreviated information on when the clause applies, and full prescription information is included in the FAR or HHSAR:

52.204 9, Personal Identity Verification of Contractor Personnel (Jan 11) (Applicable when contractor will have routine access to federal facilities and/or information system(s).

52.204 12, Data Universal Numbering System Number Maintenance (Dec 12)(Applicable to all contractors who are exempt from registering in the System for Award Management (SAM) database.)

52.204 13, System for Award Management Maintenance (Jul 2013)(Applicable to all contractors required to register in the System for Award Management (SAM) database.)

52.207 5 Option to Purchase Equipment (Feb 95) (applicable in contracts involving lease with option to purchase.)

52.208 8 Required Sources for Helium and Helium Usage Data (Apr 02) (applicable in contracts involving a major helium requirement.)

52.208 9 Contractor Use of Mandatory Sources of Supply (Oct 08) (applicable when contractor will provide supplies for Government's use.)

52.211 5 Material Requirements (Aug 00)(Applicable to supply contracts.)

52.211 16 Variation in Quantity (Apr 84) (The permissible variations for all items are "0" unless otherwise stated in the schedule.)

52.213 2 Invoices (Apr 84) (For purchase orders that authorize advance payment s.)

52.213 3 Notice to Supplier (Apr 84) (Applicable to unpriced purchase orders.)

52.219 6 Notice of Total Small Business Set Aside (Jun 03) (Applicable to total small business set asides

>micro purchase threshold.)

52.222 42 Statement of Equivalent Hires (May 89) (Applicable for orders > $2,500 under the Service

Contract Act.) The following class(es) of service personnel are expected to be employed under this order at the listed wage and fringe benefit rates: _________________________________

52.223 3 Hazardous Material Identification and Material Safety Data (Jan 97), Alternate I (Jul 95) (Applicable to orders involving hazardous materials) (Offeror must include listing of materials before or at time of award.)

52.223 6 Drug Free Workplace (May 01) (Applicable to Orders >micro purchase threshold.)

52.223 7 Notification of Radioactive Materials (Jan 97)(Applicable for orders which are or contain radioactive material.) The contractor shall notify the Contracting Officer __ days prior to delivery of or completion of work as specified within this clause.)

52.223 10 Waste Reduction Program (May 11) (applicable for contractor operation of Government owned or leased facilities.)

52.223 11 Ozone Depleting Substances (May 01) (Applicable to orders that contain ozone depleting substances.) The contractor shall label products with a WARNING indicating the specific substance contained in the product being furnished as specified within this clause.

52.223 12 Refrigeration Equipment and Air Conditioners (May 95) (Applicable to orders involving ozone depleting substances used as a refrigerant.)

52.223 18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 11).

52.224 1 Privacy Act Notification (Apr 84) (Applicable when the design, development or operation of a system of records on individuals is required.)

52.224 2 Privacy Act (Apr 84) (Applicable when the design, development or operation of a system of records on individuals is required.)

52.225 3 Buy American Free Trade Agreements Israeli Trade (MAY 14) (Over $25,000 and not set aside for small business, not foreign, not R&D. For other exemptions see FAR 25.401 & 25.406) Alternate I (May 14) (applicable if exceeds $25,000 but is less than $50,000) Alternate II

FAR 52.213 4 (11/2016) Revised NIH (11/2016) Page 6

(May 14) (applicable if $50,000 or more but less than $70,079.) Alternate III (MAY 14) (applicable if $77,494 or more but less than $100,000.)

52.227 14 Rights in Data General (May 14)

52.227 17 Rights in Data Special Works (Dec 07) (applicable when contract will compile data for the

Government’s internal use.)

52.227 18 Rights in Data Existing Works (Dec 07) applicable when contracting exclusively for, without modification, existing audiovisual and similar work.

52.227 19 Commercial Computer Software—Restricted Rights (Dec 07) (applicable to orders for existing computer software, excluding GSA multiple award schedule contracts.)

52.232 23 Assignment of Claims (Jan 86) (Applicable to orders >micro purchase threshold.)

52.237 2 Protection of Government Buildings, Equipment, and Vegetation (Apr 84) (Applicable to work performed at a Government site.)

52.237 3 Continuity of Services (Jan 91)

52.237 7 Indemnification and Medical Liability Insurance (Jan 97) (For nonpersonal/ professional service contracts for medical/health care services)

52.239 1 Privacy or Security Safeguards (Aug 96) (applicable for contracts for information technology which require security of information including the design, development, or operation of a system of records using commercial information technology.)

52.242 15 Stop Work Order (Aug 89) (applicable when contracting by negotiation.)

52.242 17 Government Delay of Work (Apr 84)

52.243 1 Changes Fixed Price (Aug 87) (for supplies);

Alternate I (Apr 84) (for services other than architect engineer or other professional services);

Alternate II (Apr 84) (for services with supplies);

Alternate III (Apr 84) (for professional services);

Alternate IV (Apr 84) (for transportation services);

Alternate V (Apr 84) (for R&D)

52.243 6 Change Order Accounting (Apr 84) (applicable for supply and Research and Development contracts of significant technical complexity.)

52.245 1 Government Property (Apr 12) Alternate I (Apr 12) (for fixed price contracts) Alternate II (Apr 12) (for R&D contracts with Educational or Non Profit Institutions)

52.245 9 Use and Charges (Apr 12)

52.247 1 Commercial Bill of Lading Notations (Feb 06) (applicable when delivery terms will be f.o.b.

origin)

52.247 32 F.o.b. Origin Freight Prepaid (Feb 2006) (when delivery term is specified as F.O.B. Origin, freight prepaid)

52.247 35 F.o.b. Destination with Consignee's Premises (Apr 84) (when delivery term is specified as

F.O.B. Destination within consignee's premises)

52.247 65 F.o.b. Origin Prepaid Freight Small Package Shipments (Jan 91) (when delivery term is specified as F.O.B. origin and the Contracting Officer specifically references this clause in the purchase order)

52.247 66 Returnable Cylinders (May 94) (Applicable when order involves the purchase of gas in contractor furnished cylinders) (Cylinders will be loaned to the Government at no charge for ___ days. After that the Government will pay rental of $______/day/cylinder as specified in this clause.)

52.251 1 Government Supply Sources (Apr 12).

FAR 52.213 4 (11/2016) Revised NIH (11/2016) Page 7

(j) The Contractor shall comply with the following Department of Health and Human Services Acquisition Regulation/Public Health Service Acquisition Regulation (HHSAR/PHSAR) (48 CFR CHAPTER 3) Clauses, incorporated by reference, when the applicable circumstances apply:

HHS 352.211 3 Paperwork Reduction Act (Dec 15) (applicable to all contracts.)

HHS 352.203 70 Anti Lobbying (Dec 15) HHS 352.204 70 Prevention and Public Health Fund—Reporting Requirements (Dec 15) (applicable for all solicitations and contracts funded in whole or in part with PPHF funds. Clause included in full text as attachment to this document.)

HHS 352.222 70 Contractor Cooperation in Equal Employment Opportunity Investigations (Dec 15) HHS 352.223 70 Safety and Health (Dec 15) (applicable to services involving hazardous materials or operations) HHS 352.224 70 Privacy Act (Dec 15) (applicable when records on individuals will be designed, developed or operated.)

HHS 352.224 71 Confidential Information (Dec 15) (applicable when required to access Government or third party information.)

HHS 352.227 70 Publication and Publicity (Dec 15) (applicable to all contracts.)

HHS 352 231 70 Salary Rate Limitation (Dec 15) (applicable for all contracts & orders, including R&D support EXCEPT fixed price completion contracts & orders) HHS 352.233 70 Choice of Law (Overseas) (Dec 15) HHS 352.237 70 Pro Children Act (Dec 15) (applicable with kindergarten, elementary or secondary education or library services or health or day care services provided to children under 18 yrs.

HHS 352.237 71 Crime Control Act–Reporting of Child Abuse (Dec 15) (applicable when performance will take place on Federal land or at a federally operated facility involving professions/ activities including but not limited to physicians, nurses, and others specified in the Crime Control Act of 1990.)

HHS 352.237 72 Crime Control Act–Requirement for Background Checks (Dec 15) (applicable for all child care services to children under age 18, including social services, health, mental health care, education and rehab programs covered under the Crime Control Act of 1990.)

HHS 352.237 74 Non Discrimination in Service Delivery (Dec 15) (applicable in solicitations, contracts & orders to deliver services under HHS’ programs directly to the public. Clause included in full text as attachment to this document.)

HHS 352.237 75 Key Personnel (Dec 15) HHS 352 239 74 Electronic and Information Technology Accessibility (Dec 15) (applicable when EIT will be developed, purchased, maintained, or used.)

HHS 352.270 4(b) Protection of Human Subjects (Dec 15) (applicable when human subjects will be used as research subjects) HHS 352.270 5(b) Care of Live Vertebrate Animals (Dec 15) (Applicable to services involving live vertebrate animals.)

HHS 352.270 6 Restriction on Use of Human Subjects (Dec 15) (applicable when project is awaiting IRB approval.)

HHS 352.270 12 Needle Exchange (Dec 15) (applicable when using human subjects)

(k) The Offeror shall comply with the following Federal Acquisition Regulation (FAR) and Department of Health and Human Services Acquisition Regulation (HHSAR) provisions, incorporated by reference, when the applicable circumstances apply:

52.204 7 System for Award Management (Jun 2013)(applicable when contractor is required to

FAR 52.213 4 (11/2016) Revised NIH (11/2016) Page 8 register in the System for Award Management (SAM) database.)

52.204 6 Data Universal Numbering System Number (Jul 2013)(applicable when contractor is exempt from registering in the System for Award Management (SAM) database.)

52.214 34 Submission of Offers in the English Language (Apr 91) (applicable when contract will be subject to NAFTA or contracting officer specifies its use.)

52.214 35 Submission of Offers in U.S. Currency (Apr 91) (applicable when contract will be subject to NAFTA or contracting officer specifies its use.)

52.223 4 Recovered Material Certification (May 08) (Certification established by order acceptance.)

52.237 1 Site Visit (Apr 84) (applicable for services to be performed on Government installations.)

HHS 352.270 4a Notice to Offerors of Requirements of 45 CFR Part 46, Protection of Human Subjects (Jan 06)

HHS 352.270 5a Notice to Offerors of Requirement for Adequate Assurance of Protection Of Vertebrate Animal Subjects (Jan 06)

HHS 352.270 9 Nondiscrimination for Conscience (Jan 10) (applicable over micro purchase threshold.)