CLAUSES.pdf

SECTION: A

CONTRACTCLAUSES

A.1 52.252-2 CLAUSES INCORPORATEDBY 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 address(es):

http://www.arnet.gov/fa r

I. FEDERALACQUISITION REGULATION(48 CFR CHAPTER 1) CLAUSES

NUMBER DATE TITLE

52.212-4 FEB 2007 CONTRACTTERMS AND CONDITIONS--COMMERCIAL

ITEMS

COMPUTERGENERATEDFORMS52.253-1 JAN 1991

The following clauses are incorporated into this solicitation/contract by full text as follows:

A.2 52.210-70 HUMANESLAUGHTER ACT

Caution to Bidders:

The following Statement of Eligibility must be signed by the bidder prior to the award of a contract resulting from this invitation. Failure to sign and return this statement could result in your bid being rejected as "Non- Responsive. "

Statement of Eligibility-Humane Slaughter Act

(a) The supplier (contractor) agrees that livestock products sold to the Government, except products produced or processed from livestock slaughtered outside the United States, its possessions, and Puerto Rico, conform to the requirements of the Humane Slaughter Act of 1958 (7 U.S.C. 1901-1906).

(b) "Livestock products" means any article of food, or any article intended for or capable of being used as food, for either humans or animals which is derived or prepared, in whole or in part, from slaughtered livestock namely cattle, calves, horses, mules, sheep, swine, or goats. Livestock products do not include (1) supplies, the animal produced portion of which is less than 5 by weight of the net unit weight, and (2) poultry.

(c) A slaughterer or processor will be deemed to be affiliated with another slaughterer or processor if it controls, is controlled by, or is under common control with such other slaughterer or processor.

(d) Livestock products which conform to the requirements of the Human Slaughter Act of 1958 are products which have been produced and processed either (1) by the slaughterers or processors which, in all of their plants and in all of the plants of the slaughterers and processors with which they are affiliated, slaughter, and handle in connection with slaughter, livestock only by methods designated as humane by the Secretary of Agriculture; or (2) from livestock slaughtered in accordance with ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous severance of the carotid arteries with a sharp instrument, which ritual requirements have been designated as humane methods of slaughter by the subject act.

(e) This statement is made with the full knowledge that it will be relied upon by the Government in entering into contracts with the supplier (contractor) and in payment of claims thereunder.

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WARNING

Making a false statement herein or submission of any false claim hereunder will subject supplier (contractor) to punishment as provided in Title 18, United States Code, Crimes, and Criminal Procedure.

Date:

Signature of Supplier-Contractor

Title

Address

A.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (FEB 2008)

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

(2) 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.]

- (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

- (2) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

- (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

- (4) [Reserved]

XX (5) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

(ii) Alternate I (OCT 1995) of 52.219-6

(iii) Alternate II (MAR 2004) of 52.219-6

- (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

(ii) Alternate I (OCT 1995) of 52.219-7

(Hi)Alternate II (MAR 2004) of 52.219-7

- (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)).

- (8) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2007) (15 U.S.C. 637(d)(4)).

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(ii) Alternate I (OCT 2001) of 52.219-9

(iii) Alternate II (OCT 2001) of 52.219-9

- (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

- (10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

- (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

- (ii) Alternate I (JUN 2003) of 52.219-23.

- (12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

- (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

- (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C. 657 f).

XX (15) 52.219-28, Post-Award Small Business Program Rerepresentation (JUN 2007) (15 U.S.C.

632(a)(2)).

XX (16) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2008) (E.O.

13126).

XX (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

XX (19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

- (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

XX (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

- (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

- (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

XX (24) (i) 52.222-50, Combating Trafficking in Persons (AUG 2007) (Applies to all contracts).

- (ii) Alternate I (AUG 2007) of 52.222-50.

- (25) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

- (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

- (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

- (27) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

- (ii) Alternate I (DEC 2007) of 52.223-16

XX (28) 52.225-1, Buy American Act--Supplies (JUN 2003) (41 U.S.C. 10a-10d).

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- (29) (i) 52.225-3, Buy American Act--FreeTrade Agreements--IsraeliTrade Act (AUG 2007) (41 U.S.C. 10a-10d, 19 U.S.C.3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169).

(ii) Alternate I (JAN 2004) of 52.225-3.

(iii) Alternate II (JAN 2004) of 52.225-3.

- (30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (31) 52.225-13, Restrictions on Certain ForeignPurchases(FEB 2006) (E.o.s, proclamations,and statutes administered by the Office of ForeignAssets Control of the Departmentof the Treasury).

- (32) 52.226-4, Notice of Disasteror EmergencyArea Set-Aside (NOV 2007) (42 U.S.C. 5150).

- (33) 52.226-5, Restrictions on SubcontractingOutside Disasteror EmergencyArea (NOV 2007) (42 U.S.C. 5150).

- (34) 52.232-29, Terms of Financingof Purchasesof Commercial Items (FEB 2002) (41 U.S.C.

255(f), 10 U.S.C. 2307(f».

- (35) 52.232-30, Installment Paymentsfor Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f».

XX (36) 52.232-33, Payment by ElectronicFundsTransfer--CentralContractor Registration(OCT 2003) (31 U.S.C. 3332).

- (37) 52.232-34, Payment by Electronic FundsTransfer--Otherthan Central ContractorRegistration

(MAY 1999) (31 U.S.C. 3332).

- (38) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

- (39) 52.239-1, Privacy or Security Safeguards(AUG 1996) (5 U.S.C. 552a).

- (40) (i) 52.247-64, Preferencefor PrivatelyOwned U.S.-Flag CommercialVessels (FEB 2006) (46 U.S.C. Appx. 1241(b)and 10 U.S.C. 2631).

- (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicatedas being incorporated in this contract by reference to implement provisions of law or Executiveorders applicableto acquisitions of commercial items:

[Contracting Officer check as appropriate.]

- (1) 52.222-41, Service ContractAct of 1965, (NOV 2007) (41 U.S.C. 351, et seq.).

- (2) 52.222-42, Statement of EquivalentRates for Federal Hires (MAY 1989) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

- (3) 52.222-43, Fair Labor StandardsAct and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C.206 and 41 U.S.C. 351, et seq.).

- (4) 52.222-44, Fair Labor StandardsAct and Service Contract Act--Price Adjustment (FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

- (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repairof Certain Equipment--Requirements(NOV 2007) (41 U.S.C. 351, et seq.).

- (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements(NOV 2007) (41 U.S.C. 351, et seq.).

- (7) 52.237-11, Accepting and Dispensingof$1 Coin (AUG 2007) (31 U.S.C. 5112(p)(1».

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(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.

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 (vii) 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) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(e) (1)

(ii)

(iii)

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

52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(DEC 2004) (E.O. 13201).

52.222-41, Service Contract Act of 1965, (NOV 2007) (41 U.S.C. 351, et seq.).

52.222-50, Combating Trafficking in Persons (AUG 2007) (22 U.S.C.7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (NOV 2007) (41 U.S.C. 351, et seq.).

52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (NOV 2007) (41 U.S.C. 351 et seq.).

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.

(iv)

(v)

(vi)

(vii)

(viii)

(ix)

(x)

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(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

[End of Clause]

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