ATTACHMENT_2_Clauses.pdf

Clause(s):

CUSTOM CO ADDED TERMS AND CONDITIONS

In the case of a conflict between the terms and conditions of the contractor’s agreement and the terms and conditions of this purchase order, all applicable federal statutes and regulations shall govern.

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

The clause and its alternates are incorporated by reference. The full text of the clause is available at:

http://www.acquisition.gov/FAR/.

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS (DEC 2014)

This clause is incorporated by reference. The full text of the clause is available at:

https://www.acquisition.gov/FAR/.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMECIAL ITEMS (JAN

2013)

(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:

52.222-50 Combating Trafficking in Persons (FEB 2009)

Alternate I (AUG 2007)

52.233-3 Protest After Award (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)

(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:

52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006)

Alternate I (OCT 1995)

52.203-13 Contractor Code of Business Ethics and Conduct (APR 2010) http://www.acquisition.gov/FAR/ https://www.acquisition.gov/FAR/

52.203-15 Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUNE 2010)

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (AUG

2012)

52.204-11 American Recover and Reinvestment Act – Reporting Requirements (JUL

2010)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (DEC 2010)

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

(FEB 2012)

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012)

52.219-3 Notice of Total HUBZone Set-Aside (NOV 2011)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(JAN 2011)

52.219-6 Notice of Total Small Business Set-Aside (NOV 2011)

Alternate I (NOV 2011)

Alternate II (NOV 2011)

52.219-7 Notice of Partial Small Business Set-Aside (JUN 2003)

Alternate I (OCT 1995)

Alternate II (MAR 2004)

52.219-8 Utilization of Small Business Concerns (JAN 2011)

52.219-9 Small Business Subcontracting Plan (JAN 2011)

Alternate I (OCT 2001)

Alternate II (OCT 2001)

Alternate III (JUL 2010)

52.219-13 Notice of Set-Aside of Orders (NOV 2011)

52.219-14 Limitations on Subcontracting (NOV 2011)

52.219-16 Liquidated Damages – Subcontracting Plan (JAN 1999)

52.219-23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business

Concerns (OCT 2008)

Alternate I (JUN 2003)

52.219-25 Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting (DEC 2010)

52.219-26 Small Disadvantaged Business Participation Program - Incentive

Subcontracting (OCT 2000)

52.219-27 Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

(NOV 2011)

52.219-28 Post Award Small Business Program Representation (APR 2012)

52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business Concerns (APR 2012)

52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible

Under the Women-Owned Small Business Program (APR 2012)

52.222-3 Convict Labor (JUN 2003)

52.222-19 Child Labor – Cooperation with Authorities and Remedies (MAR 2012)

52.222-21 Prohibition of Segregated Facilities (FEB 1999)

52.222-26 Equal Opportunity (MAR 2007)

52.222-35 Equal Opportunity for Veterans (SEP 2010)

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

52.222-37 Employment Reports on Veterans (SEPT 2010)

52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

52.222-54 Employment Eligibility Verification (JUL 2012)

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated

Products (MAY 2008)

Alternate I (MAY 2008)

52.223-15 Energy Efficiency in Energy-Consuming Products (DEC 2007)

52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer

Products (DEC 2007)

Alternate I (DEC 2007)

52.223-18 Contractor Policy to Ban Text Messaging While Driving (AUG 2011)

52.225-1 Buy American Act – Supplies (FEB 2009)

52.225-3 Buy American Act – Free Trade Agreements – Israeli Trade Act (NOV 2012)

Alternate I (MAR 2012)

Alternate II (MAR 2012)

Alternate III (NOV 2012)

52.225-5 Trade Agreements (NOV 2012)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.226-4 Notice of Disaster or Emergency Area Set-Aside (NOV 2007)

52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV

2007)

52.232-29 Terms for Financing of Purchases of Commercial Items (FEB 2002)

52.232-30 Installment Payments for Commercial Items (OCT 1995)

52.232-33 Payment by Electronic Funds Transfer—Central Contractor Registration (JUL

2013)

52.232-34 Payment by Electronic Funds Transfer—Other than Central Contractor

Registration (MAY 1999)

52.232-36 Payment by Third Party (FEB 2010)

52.239-1 Privacy or Security Safeguards (AUG 1996)

52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006)

Alternate I (APR 2003)

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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:

52.222-41 Service Contract Act of 1965, as Amended (NOV 2007)

52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)

52.222-43 Fair Labor Standards Act and Service Contract Act—Price Adjustment

(Multiple Year and Option Contracts) (SEPT 2009)

52.222-44 Fair Labor Standards Act and Service Contract Act—Price Adjustment (SEPT

2009)

52.222-51 Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (NOV 2007)

52.222-53 Exemption from Application of the Service Contract Act to Contracts for

Certain Services—Requirements (FEB 2009)

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations (MAR 2009)

52.237-11 Accepting and Dispensing of $1 Coin (SEPT 2008)

(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 https://www.acquisition.gov/far/current/html/52_215.html#wp1144470 https://www.acquisition.gov/far/current/html/Subpart%204_7.html#wp1082800

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) 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 this paragraph (e)(1) 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 (Dec 2010) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

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

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)

(29 U.S.C. 793).

(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause

52.222-40.

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

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

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 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.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for

Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).

(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009)

(Pub. L. 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.

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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.

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 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed twenty four months.

(End of clause)

CUSTOM CO ADDED INVOICES – RTP FINANCE

Invoices shall be prepared containing the following information: Purchase Order Number, description of commodities/services furnished, period of performance, taxpayer ID number and amount due.

Invoices shall be submitted to the address specified in block 18a of this order.

OR

Invoices shall be submitted via e-mail to RTPReceiving@epa.gov. Provide the .pdf file with the following naming convention and SUBJECT in email:

SI_PO#_inv#.pdf : Example: SI_EP08X00005_5335.pdf

For status of Invoice Payments, call the Financial Office’s Customer Service at (919)541-0616.

The FedEx/Commercial Courier address for invoices:

U.S. Environmental Protection Agency

RTP Finance Center (AA216-01)

4930 Old Page Road

Durham, NC 27703

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS

(JUN 2013)

mailto:RTPReceiving@epa.gov

This clause is incorporated by reference. The full text of the clause is available at:

http://www.acquisiton.gov/FAR/.

CUSTOM TAX

The Federal Government is exempted from paying taxes. The tax exempt number is 52-085-2695.

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effet 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:

https://www.acquisition.gov/FAR/.

52.246-1 Contractor Inspection Requirements.

Contractor Inspection Requirements (Apr 1984)

The Contractor is responsible for performing or having performed all inspections and tests necessary to substantiate that the supplies or services furnished under this contract conform to contract requirements, including any applicable technical requirements for specified manufacturers’ parts. This clause takes precedence over any Government inspection and testing required in the contract’s specifications, except for specialized inspections or tests specified to be performed solely by the Government.

(End of clause)

EPAAR 1552.209-70 Organizational conflict of interest notification.

ORGANIZATIONAL CONFLICT OF INTEREST NOTIFICATION (APR 1984)

(a) The prospective Contractor certifies, to the best of its knowledge and belief, that it is not aware of any information bearing on the existence of any potential organizational conflict of interest. If the prospective Contractor cannot so certify, it shall provide a disclosure statement in its proposal which describes all relevant information concerning any past, present, or planned interests bearing on whether it (including its chief executives and directors, or any proposed consultant or subcontractor) may have a potential organizational conflict of interest.

(b) Prospective Contractors should refer to FAR subpart 9.5 and EPAAR part 1509 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest.

(c) If the Contracting Officer determines that a potential conflict exists, the prospective

Contractor shall not receive an award unless the conflict can be avoided or otherwise resolved through the inclusion of a special contract clause or other appropriate means. The terms of any special clause are subject to negotiation.

http://www.acquisiton.gov/FAR/ https://www.acquisition.gov/FAR/

(End of provision)

EPAAR 1552.209-72 Organizational conflict of interest certification.

ORGANIZATIONAL CONFLICT OF INTEREST CERTIFICATION (APR 1984)

The offeror [ ] is [ ] is not aware of any information bearing on the existence of any potential organizational conflict of interest. If the offeror is aware of information bearing on whether a potential conflict may exist, the offeror shall provide a disclosure statement describing this information. (See section L of the solicitation for further information.)

(End of provision)

EPAAR 1552.211-79 COMPLIANCE WITH EPA POLICIES FOR

INFORMATION RESOURCES MANAGEMENT (JAN 2012)

This clause is incorporated by reference. The full text of the clause is available at:

http://www.gpoaccess.gov/ecfr/.

1552.232-74 Payments—simplified acquisition procedures financing.

PAYMENTS—SIMPLIFIED ACQUISITION PROCEDURES FINANCING (JUN 2006)

Simplified acquisition procedures financing in the form of advance payment will be provided under this commercial item order in accordance with the payment schedule below. If both advance and interim payments are to be made, the payment schedule shown below will specify the type of payment provided for each line item.

The Government shall pay the contractor as follows upon the submission of invoices or vouchers approved by the Contracting Officer's Representative: within 30 days of period of performance.

(End of Clause)

EPA-H-09-107 UNPAID FEDERAL TAX LIABILITY & FELONY CRIMINAL

VIOLATION CERTIFICATION (APR 2012)

(a) In order to meet the requirements of Sections 433 and 434 of Division E of the Consolidated

Appropriations Act, 2012 (Pub.L. 112-74) and 2013 Continuing Appropriations Resolution

(Pub.L. 112-175), and Consolidated and Further Continuing Appropriations Act, 2013 (Pub.L.

113-6), the contractor shall provide the contracting officer a certification whereby the contractor certifies:

http://www.gpoaccess.gov/ecfr/

(i) It is not a corporation that has been convicted (or had an officer or agent of such corporation acting on behalf of the corporation convicted) of a felony criminal violation under any Federal law within the preceding 24 months; and

(ii) It is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(b) Failure of the contractor to furnish a certification or provide such additional information as requested by the Contracting Officer may render the contractor ineligible for FY2012 or FY2013 contract funding.

(c) The contractor has a continuing obligation to update the subject certification as required.