far_dosar_clauses.pdf

CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS

AWARDED BY OVERSEAS CONTRACTING ACTIVITIES

(Current thru FAC 2005-52)

COMMERCIAL ITEMS

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998)

This purchase order or BPA incorporates the following clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.acqnet.gov/far

DOSAR clauses may be accessed at: http://www.statebuy.state.gov/dosar/dosartoc.htm

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES

NUMBER TITLE DATE

52.204-9 Personal Identity Verification of Contractor Personnel (if contractor requires physical access to a federally-controlled facility or access to a Federal information system)

JAN 2011

52.212-4 Contract Terms and Conditions – Commercial Items

(Alternate I (OCT 2008) of 52.212-4 applies if the order is time-and-materials or labor-hour)

JUN 2010

52.225-19 Contractor Personnel in a Diplomatic or Consular

Mission Outside the United States (applies to services at danger pay posts only)

MAR 2008

52.227-19 Commercial Computer Software License (if order is for software)

DEC 2007

52.228-3 Workers’ Compensation Insurance (Defense Base Act)

(if order is for services and contractor employees are covered by Defense Base Act insurance)

APR 1984

52.228-4 Workers’ Compensation and War-Hazard Insurance (if order is for services and contractor employees are not covered by Defense Base Act insurance)

APR 1984

The following clause is provided in full text:

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders - Commercial Items (MAY 2011)

(a) The Contractor shall comply with the following Federal Acquisition

Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (U.S.C. 7104(g)) http://www.acqnet.gov/far http://www.statebuy.state.gov/dosar/dosartoc.htm

______Alternate I (AUG 2007) of 52.222-50 (U.S.C. 7104(g))

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-

77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate]

Clause Number and Title

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEPT 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [Check if order exceeds $150,000]

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub.

L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(3) – (24) [Reserved].

(25) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (JUL

2010) (E.O. 13126). [Check if order is for supplies and exceeds the micro-purchase threshold]

(26) 52.222-21, Prohibition of Segregated Facilities (FEB 1999). [Check if the following apply: for supplies, the order exceeds $10,000 and is awarded to a U.S.

firm. For services, the order exceeds $10,000 and is awarded to a U.S. firm whose employees who will be performing the work were recruited within the U.S.]

(27) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). [Check if the following apply: for supplies, the order exceeds $10,000 and is awarded to a U.S.

firm. For services, the order exceeds $10,000 and is awarded to a U.S. firm whose employees who will be performing the work were recruited within the U.S.]

(28) 52.222-35, Equal Opportunity for Veterans (SEPT 2010) (38 U.S.C. 4212).

[Check if the following apply: for supplies, the order exceeds $150,000 and is awarded to a U.S. firm. For services, the order exceeds $150,000 and is awarded to a U.S. firm whose employees who will be performing the work were recruited within the U.S.]

(29) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29

U.S.C. 793). [Check if the following apply: for supplies, the order exceeds $10,000 and is awarded to a U.S. firm. For services, the order exceeds $10,000 and is awarded to a U.S. firm whose employees who will be performing the work were recruited within the U.S.]

(30) 52.222-37, Employment Reports on Veterans (SEPT 2010) (38 U.S.C. 4212).

[Check if you have included the clause 52.222-35]

(31) 52.222-39, Notification of Employee Rights Concerning Payment of Union

Dues or Fees (DEC 2010) (E.O. 13201) [Check if the order is for services and the amount exceeds $150,000]

(32)(i) 52.222-50, Combating Trafficking in Persons (FEB 2009) [Check for all orders]

(32)(ii) Alternate I of 52.222-50 [Check if the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons that apply to contractor employees]

(33) – (38) [Reserved].

(39) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note). [Check if the order is for supplies or services that involve the acquisition of supplies and the amount exceeds $203,000]

(40) 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). [Check if the order is for either supplies or services and the amount exceeds the micro-purchase threshold, unless authorized by OFAC]

(41) – (44) [Reserved].

(45) 52.232-33, Payment by Electronic Funds Transfer – Central Contractor

Registration (OCT 2003) (31 U.S.C. 3332). [Check if payment will be made by

EFT and the contractor has registered in the CCR]

(46) 52.232-34, Payment by Electronic Funds Transfer – Other than Central

Contractor Registration (MAY 1999) (31 U.S.C. 3332). [Check if payment will be made by either EFT or other means, e.g., check, and the contractor has not registered in the CCR]

(47) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). [Check if payment will be made by a third party, e.g., purchase card]

(48) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[Check if the order is for information technology which requires security of information technology, and/or is for the design, development, or operation of a system of records using commercial information technology services or support services]

(49)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

(FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [Check if the order is for supplies that may involve ocean transportation: at least 50% of the gross tonnage must be transported on privately owned U.S.-flag commercial vessels to the extent that such vessels are available at rates that are fair and reasonable for

U.S.-flag commercial vessels]

(ii) Alternate I (APR 2003) of 52.247-64. [Check if 100% of the supplies will be transported on privately owned U.S.-flag commercial vessels]

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial items, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial Items:

[Contracting officer check as appropriate.]

Clause Number and Title (1) – (6) [Reserved]

(7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAR

2009) (Public Law 110-247)

(8) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C.

5112(p)(1)). [Check if order is for services that involve business operations conducted in U.S. coin and currency, including vending machines]

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor

Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) [This paragraph applies only if award is made to a U.S. firm, except for item (vii) which applies to all orders.] Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (xi) of this paragraph in a subcontract for commercial items.

Unless otherwise indicated below, the extent of the flow down shall be as required by the clause

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1,500,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) [Reserved]

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (SEPT 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 2010) (29 U.S.C.

793).

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or

Fees (DEC 2010) (E.O. 13201).

(viii) [Reserved].

(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(x) – (xii) [Reserved].

(xiii) Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009) (Public

Law 110-247) Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64).

(End of clause)

DEPARTMENT OF STATE ACQUISITION REGULATION (48 CFR Chapter 6)

CLAUSES

NUMBER TITLE DATE

652.225-71 Section 8(a) of the Export Administration Act of 1979, As Amended (if order exceeds $100,000)

AUG 1999

652.228-71 Workers Compensation Insurance (Defense Base Act) –

Services (for services to be performed overseas when the contract includes covered contractor employees as defined in paragraph (a) of the clause) Fill-in for paragraph (c): “(c) The current rate under the

Department of State contract is [contracting officer insert rate] of compensation for services.”

JUNE 2006

652.229-70 Excise Tax Exemption Statement for Contractors Within the United States (for supplies to be delivered to an overseas post)

JUL 1988

652.229-71 Personal Property Disposition at Posts Abroad AUG 1999

652.237-72 Observance of Legal Holidays and Administrative Leave

(for services where performance will be on-site in a

Department of State facility)

APR 2004

652.239-71 Security Requirements for Unclassified Information

Technology Resources (for orders that include information technology resources or services in which the contractor will have physical or electronic access to

Department information that directly supports the mission of the Department)

SEP 2007

652.242-70 Contracting Officer’s Representative (if a COR will be named for the order) Fill-in for paragraph b: “The COR is ___________________”

AUG 1999

652.242-71 Notice of Shipments (for overseas shipment of supplies) JUL 1988

652.242-73 Authorization and Performance AUG 1999

652.243-70 Notices AUG 1999

The following clause is provided in full text, and is applicable for orders for services that will require contractor employees to perform on-site at a DOS location and/or that require contractor employees to have access to DOS information systems:

652.204-70 Department of State Personal Identification Card Issuance Procedures

(MAY 2011)

(a) The Contractor shall comply with the Department of State (DOS) Personal Identification

Card Issuance Procedures for all employees performing under this contract who require frequent and continuing access to DOS facilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontractor’s employees will require frequent and continuing access to DOS facilities, or information systems.

(b) The DOS Personal Identification Card Issuance Procedures may be accessed at http://www.state.gov/m/ds/rls/rpt/c21664.htm .

(End of clause) http://www.state.gov/m/ds/rls/rpt/c21664.htm