SectionIAmend3.pdf

Connections II Solicitation #: QTA010ABA0023

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Table of Contents

Section I: FAR Clauses

I.1 GENERAL

I.2 FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

(FEB 1998)

I.3 GENERAL SERVICES ADMINISTRATION ACQUISITION

MANUAL (GSAM), INCORPORATED BY REFERENCE

I.4 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES

(OCT 1997)

I.5 FAR 52.216-18 ORDERING (OCT 1995)

I.6 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.7 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.8 FAR 52.217-8 Option to Extend Services (NOV 1999)

I.9 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE

CONTRACT (MAR 2000)

I.10 FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS

UNDER THE NATIONAL LABOR RELATIONS ACT (JUN

2010)

I.11 52.225-9 Buy American Act—Construction Materials

I.12 52.225-10 Notice of Buy American Act Requirement— Construction Materials

I.13 52.225-11 Buy American Act—Construction Materials under Trade Agreements

I.14 52.225-12 Notice of Buy American Act Requirement— Construction Materials under Trade Agreements

I.15 52.225-21 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction

Materials

I.16 52.225-22 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—

Construction Materials

I.17 52.225-23 Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—Construction

Materials Under Trade Agreements

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I.18 52.225-24 Notice of Required Use of American Iron, Steel, and Other Manufactured Goods—Buy American Act—

Construction Materials Under Trade Agreements

I.19 GSAM 552.203-71 RESTRICTION ON ADVERTISING (SEP

1999)

I.20 GSAM 552.229-71 Federal Excise Tax—DC Government.

(SEP 1999)

I.21 GSAM 552.232-23 Assignment of Claims (Sep 1999)

I.22 GSAM 552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES

(SEP 1999)

a) Deviations to FAR clauses

b) Deviations to GSAR clauses

c) “Substantially the same as” clauses

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I.1 GENERAL

Orders under the Basic Contract may include additional clauses to those enumerated in this Basic Contract, such as: (1) optional FAR clauses; (2) agency supplemental clauses;

(3) alternate FAR clauses; and (4) order-specific clauses. Such additional clauses are not limited to those associated only with Section I of the Uniform Contract Format in FAR 52.3.

The clauses relating to the Davis-Bacon Act and the Service Contract Act shall be included in an individual Order by the OCO if they are deemed applicable to the Order.

The clauses in I.2 apply at the Order level, as applicable, depending upon the contract type of the Order, or as specifically referenced in the applicable Order.

I.2 FAR 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 Procuring Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

https://acquisition.gov/far/index.html https://acquisition.gov/gsam/gsam.html

CLAUSE NO. TITLE DATE

52.202-1 DEFINITIONS JUL 2004

52.203-3 GRATUITIES APR 1984

52.203-5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE

GOVERNMENT

SEP 2006

52.203-7 ANTI-KICKBACK PROCEDURES JUL 1995

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY

JAN 1997

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER

ACTIVITY

JAN 1997

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

SEP 2007

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT APR 2010

52.203-14 DISPLAY OF HOTLINE POSTER DEC 2007

52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN

RECOVERY AND REINVESTMENT ACT OF 2009

MAR 2009

52.204-2 SECURITY REQUIREMENTS AUG 1996

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER AUG 2000

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CLAUSE NO. TITLE DATE

52.204-7 CENTRAL CONTRACTOR REGISTRATION APR 2008

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL

SEP 2007

52.204-10 REPORTING SUBCONTRACT AWARDS

SEP 2007

52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT –

REPORTING REQUIREMENTS

MAR 2009

52.207-3 RIGHT OF FIRST REFUSAL OF EMPLOYMENT MAY 2006

52.207-5 OPTION TO PURCHASE EQUIPMENT FEB 1995

52.208-9 CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY OR

SERVICES

OCT 2008

52.209-3 FIRST ARTICLE APPROVAL-CONTRACTOR TESTING SEPT 1989

52.209-3 ALTERNATE 1 JAN 1997

52.209-3 ALTERNATE II SEPT 1989

52.209-4 FIRST ARTICLE APPROVAL—GOVERNMENT TESTING SEPT 1989

52.209-4 ALTERNATE 1 JAN 1997

52.209-4 ALTERNATE II SEPT 1989

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED,

SUSPENDED, OR PROPOSED FOR DEBARMENT

SEP 2006

52.211-5 MATERIAL REQUIREMENTS AUG 2000

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR 2008

52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE APR 1991

52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY APR 1991

52.215-2 AUDIT AND RECORDS —NEGOTIATION MAR 2009

52.215-2 ALTERNATE I MAR 2009

52.215-2 ALTERNATE III JUN 1999

52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT OCT 1997

52.215-9 CHANGES OR ADDITIONS TO MAKE-OR-BUY PROGRAM OCT 1997

52.215-9 ALTERNATE I OCT 1997

52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA OCT 1997

52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA –

MODIFICATIONS

OCT 1997

52.215-12 SUBCONTRACTOR COST OR PRICING DATA OCT 1997

52.215-13 SUBCONTRACTOR COST OR PRICING DATA – MODIFICATIONS OCT 1997

52.215-14 INTEGRITY OF UNIT PRICES OCT 1997

52.215-14 ALTERNATE I OCT 1997

52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS OCT 2004

52.215-16 FACILITIES CAPITAL COST OF MONEY JUN 2003

52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY OCT 1997

52.215-21 REQUIREMENTS FOR COST OR PRICING DATA OR

INFORMATION OTHER THAN COST OR PRICING DATA-

MODIFICATIONS

OCT 1997

52.215-21 ALTERNATE III OCT 1997

52.216-7* ALLOWABLE COST AND PAYMENT DEC 2002

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52.216-27 SINGLE OR MULTIPLE AWARDS OCT 1995

52.216-29 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL

REQUIREMENTS—NON-COMMERCIAL ITEM ACQUISITION

WITH ADEQUATE PRICE COMPETITION

FEB 2007

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS OCT 1997

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS MAY 2004

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN APR 2008

52.219-9 ALTERNATE II OCT 2001

52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN JAN 1999

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES FEB 1997

52.222-3 CONVICT LABOR JUN 2003

52.222-6 DAVIS-BACON ACT JULY 2005

52.222-7 WITHHOLDING OF FUNDS FEB 1988

52.222-8 PAYROLLS AND BASIC RECORDS FEB 1988

52.222-9 APPRENTICES AND TRAINEES JULY 2005

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS FEB 1988

52.222-11 SUBCONTRACTS (LABOR STANDARDS) JULY 2005

52.222-12 CONTRACT TERMINATION—DEBARMENT FEB 1988

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT

REGULATIONS

FEB 1988

52.222-14 DISPUTES CONCERNING LABOR STANDARDS FEB 1988

52.222-15 CERTIFICATION OF ELIGIBILITY FEB 1988

52.222-21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222-26 EQUAL OPPORTUNITY MAR 2007

52.222-29 NOTIFICATION OF VISA DENIAL JUN 2003

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS

SEP 2006

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES JUN 1998

52.222-36 ALTERNATE I JUN 1998

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS,

VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE

VETERANS

SEP 2006

52.222-41 Service Contract Act of 1965 NOV 2007

52.222-43 Fair Labor Standards Ace and Service Contract Act- Price Adjustment (Multiple Year and Option Contracts)

SEP 2009

52.222-50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION JAN 2009

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS

UNDER SERVICE AND CONSTRUCTION CONTRACTS

DEC 2007

52.223-3* HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL

SAFETY DATA

JAN 1997

52.223-3* ALTERNATE I JUL 1995

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW

INFORMATION.

AUG 2003

52.223-5 ALTERNATE I AUG 2003

52.223-5 ALTERNATE II AUG 2003

52.223-6 DRUG-FREE WORKPLACE MAY 2001

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52.223-10 WASTE REDUCTION PROGRAM AUG 2000

52.223-12 REFRIDGERATION EQUIPMENT AND AIR CONDITIONERS MAY 1995

52.223-14 TOXIC CHEMICAL RELEASE REPORTING AUG 2003

52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS DEC 2007

52.223-16 IEEE 1680 STANDARD FOR THE ENVIROMENT ASSESMENT OF

PERSONAL COMPUTER PRODUCTS

DEC 2007

52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONSTRUCTION CONTRACTS

MAY 2008

52.224-1 PRIVACY ACT NOTIFICATION APR 1984

52.224-2 PRIVACY ACT APR 1984

52.225-1 BUY AMERICAN ACT –SUPPLIES FEB 2009

52.225-3

BUY AMERICAN ACT—FREE TRADE AGREEMENTS—ISRAELI TRADE ACT

JUNE 2009

52.225-3 ALTERNATE I JAN 2004

52.225-3 ALTERNATE II JAN 2004

52.225-5 TRADE AGREEMENTS AUG 2009

52.225-8 DUTY-FREE ENTRY FEB 2009

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008

52.225-19 CONTRACTOR PERSONNEL IN A DESIGNATED OPERATIONAL

AREA OR SUPPORTING A DIPLOMATIC OR CONSULAR

MISSION OUTSIDE THE UNITED STATES

MAR 2008

52.227-1 AUTHORIZATION AND CONSENT DEC 2007

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

DEC 2007

52.227-3 PATENT INDEMNITY APR 1984

52.227-3* ALTERNATE I APR 1984

52.227-3* ALTERNATE II APR 1984

52.227-5* WAIVER OF INDEMNITY APR 1984

52.227-9 REFUND OF ROYALTIES APR 1984

52.227-10 FILING OF PATENT APPLICATIONS – CLASSIFIED SUBJECT

MATTER

DEC 2007

52.227-11 PATENT RIGHTS – OWNERSHIP BY THE CONTRACTOR DEC 2007

52.227-13 PATENT RIGHTS – OWNERSHIP BY THE GOVERNMENT DEC 2007

52.227-14 RIGHTS IN DATA—GENERAL DEC 2007

52.227-14 ALTERNATE I DEC 2007

52.227-14* ALTERNATE II DEC 2007

52.227-14* ALTERNATE III DEC 2007

52.227-14 ALTERNATE IV DEC 2007

52.227-14* ALTERNATE V DEC 2007

52.227-16 ADDITIONAL DATA REQUIREMENTS JUN 1987

52.227-17 RIGHTS IN DATA-SPECIAL WORKS DEC 2007

52.227-18 RIGHTS IN DATA-EXISTING WORKS DEC 2007

52.227-19 COMMERCIAL COMPUTER SOFTWARE LICENSE DEC 2007

52.227-21* TECHNICAL DATA DECLARATION, REVISION, AND

WITHHOLDING OF PAYMENT—MAJOR SYSTEMS

DEC 2007

52.227-22 MAJOR SYSTEM – MINIMUM RIGHTS JUN 1987

52.227-23* RIGHTS TO PROPOSAL DATA (TECHNICAL) JUN 1987

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Formatted: Left

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52.228-3 WORKERS' COMPENSATION INSURANCE (DEFENSE BASE ACT) APR 1984

52.228-4 WORKERS’ COMPENSATION AND WAR-HAZARD INSURANCE

OVERSEAS

APR 1984

52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION JAN 1997

52.228-7 INSURANCE- LIABILITYY TO THIRD PERSONS MAR 1996

52.229-3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.229-4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL

ADJUSTMENTS)

APR 2003

52.229-6 TAXES – FOREIGN FIXED-PRICE CONTRACTS JUN 2003

52.229-7 TAXES- FIXED-PRICE CONTRACTS WITH FOREIGN

GOVERNMENTS

JAN 1991

52.229-10* STATE OF NEW MEXICO GROSS RECEIPTS AND

COMPENSATING TAX

APR 2003

52.230-2 COST ACCOUNTING STANDARDS OCT 2008

52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING

PRACTICES

OCT 2008

52.230-4 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING

PRACTICES FOR CONTRACTS AWARDED TO FOREIGN

COUNTRIES

OCT 2008

52.230-5 COST ACCOUNTING STANDARDS—EDUCATIONAL

INSTITUTION

OCT 2008

52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS MAR 2008

52.232-1 PAYMENTS APR 1984

52.232-7* PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR

CONTRACTS

FEB 2007

52.232-7 ALTERNATE I FEB 2007

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB 2002

52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR 1984

52.232-11 EXTRAS APR 1984

52.232-12* ADVANCE PAYMENTS MAY 2001

52.232-12 ALTERNATE I APR 1984

52.232-16* PROGRESS PAYMENTS JUL 2009

52.232-16 ALTERNATE I MAR 2000

52.232-17 INTEREST OCT 2008

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-19* AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR APR 1984

52.232-23 ASSIGNMENT OF CLAIMS JAN 1986

52.232-23 ALTERNATE I APR 1984

52.232-25 PROMPT PAYMENT OCT 2008

52.232-25 ALTERNATE I FEB 2002

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL

CONTRACTOR REGISTRATION

OCT 2003

52.232-34 PAYMENT BY ELECTONIC FUNDS TRANSFER- OTHER THAN

CENTRALCONTRACTOR REGISTRATION

MAY 1999

52.232-36 PAYMENT BY THIRD PARTY FEB 2010

52.232-37 MULTIPLE PAYMENT ARRANGEMENTS. MAY 1999

52.233-1 DISPUTES JUL 2002

52.233-1 ALTERNATE I DEC 1991

52.233-3 PROTEST AFTER AWARD AUG 1996

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52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT,

AND VEGETATION

APR 1984

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.237-7* INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE. JAN 1997

52.237-9 WAIVER OF LIMITATION ON SEVERANCE PAYMENTS TO

FOREIGN NATIONALS

AUG 2003

52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME OCT 1997

52.239-1 PRIVACY OR SECURITY SAFEGUARDS AUG 1996

52.242-1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984

52.242-3 PENALTIES FOR UNALLOWABLE COSTS MAY 2001

52.242-4 CERTIFICATION OF FINAL INDIRECT COSTS JAN 1997

52.242-13 BANKRUPTCY JUL 1995

52.243-1 CHANGES – FIXED-PRICE AUG 1987

52.243-1 ALTERNATE I APR 1984

52.243-1 ALTERNATE II APR 1984

52.243-1 ALTERNATE III APR 1984

52.243-3 CHANGES – TIME-AND-MATERIALS OR LABOR-HOURS SEPT 2000

52.243-6 CHANGE ORDER ACCOUNTING APR 1984

52.243-7* NOTIFICATION OF CHANGES APR 1984

52.244-2* SUBCONTRACTS JUN 2007

52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996

52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN 2010

52.245-1 GOVERNMENT PROPERTY JUN 2007

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION

SERVICES

JUN 2007

52.245-9 USE AND CHARGES JUNE 2007

52.246-6 INSPECTION- TIME AND MATERIAL AND LABOR-HOUR MAY 2001

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE JUNE 2003

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE MAY 2001

52.246-18 ALTERNATE II APR 1984

52.246-18 ALTERNATE III APR 1984

52.246-18 ALTERNATE IV APR 1984

52.246-19* WARRANTY OF SYSTEMS AND EQUIPMENT UNDER

PERFORMANCE SPECIFICATIONS OR DESIGN CRITERIA.

MAY 2001

52.246-19 ALTERNATE I APR 1984

52.246-19 ALTERNATE II APR 1984

52.246-19 ALTERNATE III APR 1984

52.246-20* WARRANTY OF SERVICES MAY 2001

52.246-21 WARRANTY OF CONSTRUCTION MAR 1994

52.246-23 LIMITATION OF LIABILITY FEB 1997

52.246-24 LIMITATION OF LIABILITY – HIGH VALUE ITEMS FEB 1997

52.246-25 LIMITATION OF LIABILITY – SERVICES FEB 1997

52.247-1* COMMERCIAL BILL OF LADING NOTATIONS FEB 2006

52.247-63* PREFERENCE FOR U.S.-FLAG AIR CARRIERS JUNE 2003

52.247-67* SUBMISSION OF TRANSPORTATION DOCUMENTS FOR AUDIT FEB 2006

52.248-1* VALUE ENGINEERING FEB 2000

52.248-1 ALTERNATE I APR 1984

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52.248-1 ALTERNATE II FEB 2000

52.248-1 ALTERNATE III APR 1984

52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE)

MAY 2004

52.249-3 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS)

MAY 2004

52.249-3 ALTERNATE I SEPT 1996

52.249-4 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT

(SERVICES) (SHORT FORM).

APR 1984

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

52.249-14 EXCUSABLE DELAYS APR 1984

52.250-5 SAFETY ACT – EQUITABLE ADJUSTMENT FEB 2009

52.251-1 GOVERNMENT SUPPLY SOURCES APR 1984

52.253-1 COMPUTER GENERATED FORMS JAN 1991

(Note: Clause numbers followed by an asterisk (*) require fill-ins by the OCO if determined applicable and incorporated into the Order.)

I.3 GENERAL SERVICES ADMINISTRATION ACQUISITION MANUAL

(GSAM), INCORPORATED BY REFERENCE

CLAUSE # CLAUSE TITLE DATE

552.215-70 EXAMINATION OF RECORDS BY GSA FEB 1996

552.217-71 NOTICE REGARDING OPTION(S) NOV 1992

552.219-73 GOALS FOR SUBCONTRACTING PLAN JUNE 2005

552.232-77 PAYMENT BY GOVERNMENT CHARGE CARD NOV 2009

I.4 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT

1997)

(a) The Contractor shall make the following notifications in writing:

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the PCO within 30 days.

(2) The Contractor shall also notify the PCO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.

(b) The Contractor shall--

(1) Maintain current, accurate, and complete inventory records of assets and their costs;

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(2) Provide the PCO or designated representative ready access to the records upon request;

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and

(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.

(c) The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).

(End Clause)

I.5 FAR 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 in accordance with Section F.2.

(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, this 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 by the Schedule.

I.6 FAR 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 $1 Million 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 $100 Million;

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(2) Any order for a combination of items in excess of $100 Million;

(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(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 three (3) work 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.

(End of clause)

I.7 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) 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

(7/22/10) I-10 required to make any deliveries under this contract after 60 months following the expiration of the basic contract ordering period.

I.8 FAR 52.217-8 Option to Extend Services (NOV 1999)

The government may require continued performance of any services within the limits and at 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 provisions may be exercised more then 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 15 days of period performance end date.

I.9 FAR 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 15 days of the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 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 10 years.

I.10 FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE

NATIONAL LABOR RELATIONS ACT (JUN 2010)

(a) During the term of this contract, the Contractor shall post a notice, of such size and in such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places in and about its plants and offices where employees covered by the National Labor Relations Act engage in activities relating to the performance of the contract, including all places where notice to the employees are customarily posted both physically and electronically, in the languages employees speak, in accordance with 29 CFR 471.2 (d) and (f).

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(1) Physical posting of the employee notice shall be in conspicuous places in and about the contractor’s plants and offices so that the notice is prominent and readily seen by employees who are covered by the National Labor Relation Act and engage in activities related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the Contractor shall also post the required notice electronically by displaying prominently on any website that is maintained by the Contractor and is customarily used for notices to employees about terms and conditions of employment, a link to the Department of Labor’s website that contains the full text of the poster. The link to the Department’s website, as referenced in (b)(3) of this section, must read, “Important Notice about Employee Rights to Organize and Bargain Collectively with Their Employers.”

(b) This required notice, printed by the Department of Labor, can be-

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-

Management Standards, U.S. Departments of Labor, 200 Constitution Avenue, NW, Room N-5609, Washington, DC 20210, (202) 693-0123, or from any field office of the office of Labor-Management Standards or Office of Federal Contract Compliance Programs; or

(2) Provided by the Federal contracting agency, if requested; or

(3) Downloaded from the Office of Labor-Management Standards web site at www.dol.gov/olms/regs/compliance/EO13496; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor’s official poster.

(c) The required test of the Employee Notification referred in this clause is located at Appendix A, Subpart A, 29 CFR Part 471.

(d) The contractor shall comply with all provisions of the Employee Notice and related rules, regulations, and orders of the Secretary of Labor.

(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and FAR Subpart 9.4.

Such other sanctions or remedies may be imposed as are provided by 29 CFR Part 471, which implements E.O. 13496 or as otherwise provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of the provisions of the paragraphs (a) through (f) of this clause in every subcontract that exceeds $10,000 unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding upon each subpart.

(2) The Contractor and subcontractor are not permitted to procure supplies or services in a way designed to avoid the applicability of Executive Order 13496 or this subpart.

http://www.dol.gov/olms/regs/compliance/EO13496

(7/22/10) I-12

(3) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of Labor as a means of enforcing such provisions, including the imposition of sanctions for non compliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is threatened with such involvement, as a result of such direction, the Contractor may request the United States, through the Secretary of Labor, to enter into such litigation to protect the interests of the United States.

I.11 52.225-9 Buy American Act—Construction Materials.

As prescribed in 25.1102(a), insert the following clause:

BUY AMERICAN ACT—CONSTRUCTION MATERIALS (FEB 2009)

(a) Definitions. As used in this clause—

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (

46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or a subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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(7/22/10) I-13

(3) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material

(whether or not such costs are paid to a domestic firm), and any applicable duty

(whether or not a duty-free entry certificate is issued); or

(4) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Domestic construction material” means—

(1) An unmanufactured construction material mined or produced in the United

States;

(2) A construction material manufactured in the United States, if—

(i) The cost of its components mined, produced, or manufactured in the United

States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind for which nonavailability determinations have been made are treated as domestic; or

(ii) The construction material is a COTS item.

“Foreign construction material” means a construction material other than a domestic construction material.

“United States” means the 50 States, the District of Columbia, and outlying areas.

(b) Domestic preference.

(1) This clause implements the Buy American Act (41 U.S.C. 10a - 10d) by providing a preference for domestic construction material. In accordance with 41 U.S.C. 431, the component test of the Buy American Act is waived for construction material that is a

COTS item (See FAR 12.505(a)(2)). The Contractor shall use only domestic construction material in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause.

(2) This requirement does not apply to the construction material or components listed by the Government as follows:

[Contracting Officer to list applicable excepted materials or indicate “none”]

(3) The Contracting Officer may add other foreign construction material to the list in paragraph (b)(2) of this clause if the Government determines that—

(i) The cost of domestic construction material would be unreasonable. The cost of a particular domestic construction material subject to the requirements of the Buy

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(7/22/10) I-14

American Act is unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent;

(ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or

(iii) The construction material is not mined, produced, or manufactured in the

United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

(c) Request for determination of inapplicability of the Buy American Act.

(1)(i) Any Contractor request to use foreign construction material in accordance with paragraph (b)(3) of this clause shall include adequate information for Government evaluation of the request, including—

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

(C) Quantity;

(D) Price;

(E) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign construction materials cited in accordance with paragraph (b)(3) of this clause.

(ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause.

(iii) The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued).

(iv) Any Contractor request for a determination submitted after contract award shall explain why the Contractor could not reasonably foresee the need for such determination and could not have requested the determination before contract award.

If the Contractor does not submit a satisfactory explanation, the Contracting Officer need not make a determination.

(2) If the Government determines after contract award that an exception to the

Buy American Act applies and the Contracting Officer and the Contractor negotiate adequate consideration, the Contracting Officer will modify the contract to allow use of the foreign construction material. However, when the basis for the exception is the

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(7/22/10) I-15 unreasonable price of a domestic construction material, adequate consideration is not less than the differential established in paragraph (b)(3)(i) of this clause.

(3) Unless the Government determines that an exception to the Buy American Act applies, use of foreign construction material is noncompliant with the Buy American Act.

(d) Data. To permit evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the Contractor shall include the following information and any applicable supporting data based on the survey of suppliers:

FOREIGN AND DOMESTIC CONSTRUCTION MATERIALS PRICE COMPARISON

Construction Material Description Unit of Measure Quantity Price (Dollars)*

Item 1:

Foreign construction material _______ _______ _______

Domestic construction material _______ _______ _______

Item 2: _______ _______ _______

Foreign construction material _______ _______ _______

Domestic construction material

[List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. ]

[Include other applicable supporting information.]

[* Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued).]

I.12 52.225-10 Notice of Buy American Act Requirement—Construction Materials.

As prescribed in 25.1102(b)(1), insert the following provision:

NOTICE OF BUY AMERICAN ACT REQUIREMENT—CONSTRUCTION MATERIALS (FEB 2009)

(a) Definitions. “Commercially available off-the-shelf (COTS) item,” “construction material,” “domestic construction material,” and “foreign construction material,” as used in this provision, are defined in the clause of this solicitation entitled “Buy

American Act—Construction Materials” (Federal Acquisition Regulation (FAR) clause 52.225-9).

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act should submit the request to the Contracting Officer in time to allow a determination before submission of offers. The offeror shall include the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If an offeror has not requested a determination regarding the inapplicability of the Buy American Act before submitting its offer, or has not received a response to a previous request, the offeror shall include the information and supporting data in the offer.

(c) Evaluation of offers.

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(1) The Government will evaluate an offer requesting exception to the requirements of the Buy American Act, based on claimed unreasonable cost of domestic construction material, by adding to the offered price the appropriate percentage of the cost of such foreign construction material, as specified in paragraph (b)(3)(i) of the clause at FAR 52.225-9.

(2) If evaluation results in a tie between an offeror that requested the substitution of foreign construction material based on unreasonable cost and an offeror that did not request an exception, the Contracting Officer will award to the offeror that did not request an exception based on unreasonable cost.

(d) Alternate offers.

(1) When an offer includes foreign construction material not listed by the

Government in this solicitation in paragraph (b)(2) of the clause at FAR 52.225-9, the offeror also may submit an alternate offer based on use of equivalent domestic construction material.

(2) If an alternate offer is submitted, the offeror shall submit a separate Standard

Form 1442 for the alternate offer, and a separate price comparison table prepared in accordance with paragraphs (c) and (d) of the clause at FAR 52.225-9 for the offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception applies.

(3) If the Government determines that a particular exception requested in accordance with paragraph (c) of the clause at FAR 52.225-9 does not apply, the

Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. An offer based on use of the foreign construction material for which an exception was requested—

(i) Will be rejected as nonresponsive if this acquisition is conducted by sealed bidding; or

(ii) May be accepted if revised during negotiations.

(End of provision)

Alternate I (May 2002). As prescribed in 25.1102(b)(2), substitute the following paragraph (b) for paragraph (b) of the basic provision:

(b) Requests for determinations of inapplicability. An offeror requesting a determination regarding the inapplicability of the Buy American Act shall submit the request with its offer, including the information and applicable supporting data required by paragraphs (c) and (d) of the clause at FAR 52.225-9.

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I.13 52.225-11 Buy American Act—Construction Materials under Trade Agreements.

As prescribed in 25.1102(c), insert the following clause:

BUY AMERICAN ACT—CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS (AUG 2009)

(a) Definitions. As used in this clause—

“Caribbean Basin country construction material” means a construction material that—

(1) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(2) In the case of a construction material that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean

Basin country into a new and different construction material distinct from the materials from which it was transformed.

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (

46 U.S.C. App. 1702), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into a construction material.

“Construction material” means an article, material, or supply brought to the construction site by the Contractor or subcontractor for incorporation into the building or work. The term also includes an item brought to the site preassembled from articles, materials, or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, that are discrete systems incorporated into a public building or work and that are produced as complete systems, are evaluated as a single and distinct construction material regardless of when or how the individual parts or components of those systems are delivered to the construction site. Materials purchased directly by the Government are supplies, not construction material.

“Cost of components” means—

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(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the construction material

(whether or not such costs are paid to a domestic firm), and any applicable duty

(whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the construction material.

“Designated country” means any of the following countries:

(1) A World Trade Organization Government Procurement Agreement country

(Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, or United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic

Republic of Congo, Djibouti, East Timor, Equatorial Guinea,…