Section_I.pdf

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

The following clauses are hereby incorporated by reference (by Citation Number, Title, and Date) in accordance with the clause at FAR "52.252-2 CLAUSES INCORPORATED BY REFERENCE" contained in this document. FAR 52.252-2 contains the internet address for electronic access to the full text of a clause.

Clause Title Date Federal Acquisition Regulation (48 CFR Chapter 1) 52.202-1 Definitions JAN 2012 52.203-2 Certificate of Independent Price Determination Apr 1985 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-Kick Back Procedures Oct 2010 52.203-8 Cancellation, Rescission, and Recovery of Funds for

Illegal or Improper Activity May 2014

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

Oct 2010

52.203-13 Contractor Code of Business Ethics and Conduct Apr 2010 52.203-17 Contractor Employee Whistleblower Rights and

Requirement to Inform Employees of Whistleblower Rights

Apr 2014

52.204-1 Approval of Contract Dec 1989 52.204-2 Security Requirements Aug 1996 52.204-3 Taxpayer Identification Oct 1998 52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011 52.204-5 Woman-Owned Business (Other Than Small Business) May 1999 52.204-6 Data Universal Numbering System (DUNS) Number Jul 2013 52.204-7 System for Award Management Jul 2013 52.204-8 Annual Representation and Certifications Jul 2013 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

Jul 2013

52.204-12 Data Universal Numbering System Number Maintenance

Dec 2012

52.204-13 System for Award Management Maintenance Jul 2013 52.204-14 Service Contract Reporting Requirements Jan 2014

52.207-3 Right of First Refusal of Employment May 2006 52.207-5 Option to Purchase Equipment Feb 1995 52.209-5 Certification Regarding Responsibility Matters Jul 2010 52.209-6 Protecting the Government’s Interest When

Subcontracting with Contractors Debarred, Suspended, or proposed for Debarment

Jul 2013

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

Jul 2013

52.212-4 Contract Terms and Conditions – Commercial Items Jul 2013 52.214-34 Submission of Offers in the English Language Apr 1991 52.214-35 Submission of Offers in U.S. Currency Apr 1991 52.215-1 Instructions to Offerors – Competitive (Alternate I) Oct 1997 52.215-9 Changes or Additions to Make-or-Busy Program Oct 1997 52.215-17 Waiver of Facilities Capital Cost of Money Oct 1997 52.215-22 Limitations on Pass-Through Charges – Identification of Subcontract Effort

Oct 2009

52.215-23 Limitations on Pass-Through Charges (Alternate I) Oct 2009 52.216-1 Type of Contract Apr 1984 52.216-24 Limitation of Government Liability Apr 1984 52.216-25 Contract Definitization Oct 2010 52.216-31 T&M/LH Proposal Requirements – Commercial Item

Acquisition Feb 2007

52.217-3 Evaluation Exclusive of Options Apr 1984 52.219-1 Small Business Program Representations Apr 2012 52.219-8 Utilization of Small Business Concerns Jul 2013 52.219-9 Small Business Subcontracting Plan (Alternate II) Oct 2014 52.219-14 Limitations on Subcontracting Nov 2011 52.222-1 Notice to the Government of Labor Disputes Feb 1997 52.222-3 Convict Labor Jun 2003 52.222-4 Contract Work Hours and Safety Standards Act-

Overtime Compensation Jul 2005

52.222-17 Nondisplacement of Qualified Workers May 2014 52.222-20 Contracts for Materials, Supplies, Articles and

Equipment Exceeding $15,000 May 2014

52.222-21 Prohibition of Segregated Facilities Feb 1999 52.222-26 Equal Opportunity Mar 2007 52.222-35 Equal Opportunity for Special Disabled Veterans, of the Vietnam Era, and Other Eligible Veterans Sept 2010

52.222-36 Affirmative Action for Workers with Disabilities Oct 2010 52.222-37 Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans

Sept 2010

52.222-38 Compliance with Veterans’ Employment Reporting Requirements

Sept 2010

52.222-40 Notification of Employee Rights Under the National Dec 2010

Labor Relations Act 52.222-50 Combating Trafficking in Persons Feb 2009 52.223-5 Pollution Prevention and Right-To-Know May 2011 52.223-6 Drug-Free Workplace May 2001 52.223-18 Encouraging Contractor Policies to Ban Text

Messaging While Driving Aug 2011

52.224-1 Privacy Act Notification Apr 1984 52.224-2 Privacy Act Apr 1984 52.225-1 Buy American – Supplies Feb 2009 52.225-2 Buy American Act Certificate Feb 2009 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008 52.225-19 Contractor Personnel in a Designated Operational Area of Supporting a Diplomatic or Consular Mission Outside the United States

Mar 2008

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran – Representations and Certifications

Dec 2012

52.227-1 Authorization and Consent Dec 2007 52.227-14 Rights in Data—General Dec 2007 52.227-18 Rights in Data--Existing Works Dec 2007 52.228-3 Workers’ Compensation Insurance (Defense Base Act) Jul 2014 52.230-2 Cost Accounting Standards May 2014 52.232-7 Payment Under Time-And-Materials and Labor-Hour

Contracts – Alternate II (Jan 1986) Aug 2012

52.232-17 Interest Oct 2010 52.232-18 Availability of Funds Apr 1984 52.232-23 Assignment of Claims Jan 1986 52.232-33 Payment By Electronic Funds - - Central Contractor

Registration Jul 2013

52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.233-1 Disputes Jul 2002 52.233-3 Protest After Award Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004 52.237-1 Site Visit April 1984 52.237-2 Protection of Government Buildings, Equipment, and

Vegetation April 1984

52.242-1 Notice of Intent To Disallow Costs Apr 1984 52.242-3 Penalties for Unallowable Costs May 2001 52.242-13 Bankruptcy Jul 1995 52.242-15 Stop-Work Order Aug 1989 52.243-3 Changes-Time and Materials Sep 2000 52.243-7 Notification of Changes April 1984 52.244-2 Subcontracts Oct 2010 52.244-6 Subcontracts For Commercial Items and Commercial Jul 2013

Components 52.246-6 Inspection of Services – Time-and-Material and Labor-

Hour May 2001

52.246-25 Limitations of Liability –Services Feb 1997 52.247-63 Preference for U.S.-Flag Air Carriers Jun 2003 52.248-1 Value Engineering Oct 2010 52.249-14 Excusable Delays Apr 1984 52.253-1 Computer Generated Forms Jan 1991

AIDAR CLAUSES INCORPORATED BY REFERENCE

AIDAR 48 CFR

Chapter 7

Title Date

752.202-1 Definitions Jan 1990 752.204-2 Security Requirements

752.7003 Documentation for Payment Nov 1998

752.7004 Emergency Locator Information Jul 1997

752.7005 Submission Requirements For Development

Experience Documents Oct 1997

752.209-71 Organizational Conflicts of Interest June 1993 752.219-8 Utilization of Small Business Concerns and Small

Disadvantaged Business Concerns

752.226-2 Subcontracting with Disadvantaged Enterprise Jul 1997 752.226-3 Limitations on Subcontracting Jun 1993 752.228-3 Worker’s Compensation Insurance (Defense Base Act) Jun 1993

752.228.70 Medical Evacuation (Medevac) Services July 2007

752.232-7 Payments Under Time-and-Materials and Labor Hour

Contracts

Aug 2012

752.242-70 Periodic Progress Reports July 1998 752.245-70 Government Property – USAID Reporting

Requirements

752.7002 Travel and Transportation Jan 1990

752.7003 Documentation for Payment Nov 1993

752.7006 Notices April 1994

752.7009 Marking Jan 1993

752.7010 Conversion of U.S. Dollars to Local Currency Apr 1984

752.7013 Contractor – Mission Relationships Oct 1989

752.7025 Approvals April 1984

752.7027 Personnel Dec 1990

752.7034 Acknowledgement and Disclaimer December 1991

752.7033 Physical Fitness July 1997

752.7035 Public Notices December 1991

I.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full test of a solicitation provision may be accessed electronically at this/these address(es):

http://www.arnet.gov/far/ http://www.usaid.gov

I.3 52.209-7 INFORMATION REGARDING RESPONSBILITY

MATTERS (JUL 2013)

(a) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

“Principal” means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in—

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

I.4 52.217-8 OPTION TO EXTEND SERVICES (NOVEMBER 1999)

The Government may require continued performance of any services within the limits and at the 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 provision may be exercised more than 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 1 day.

I.5 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUNE

1987)

It is agreed that as a condition of award of this contract, and notwithstanding the conditions of any notice appearing thereon, the Government shall have unlimited rights (as defined in the “Rights in Data—General” clause contained in this contract) in and to the technical data contained in the proposal submitted in response to this RFP, upon which this contract is based.

I.6 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL

BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012)

This clause implements the temporary policy provided by OMB Policy Memorandum M- 12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.

(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.

(b)Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.

(c)The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

I.7 752.7032 INTERNATIONAL TRAVEL APPROVAL AND

NOTIFICATION REQUIREMENTS (APR 2014)

Prior written approval by the Contracting Officer (CO), or the Contracting Officer’s Representative (COR) if delegated in the Contracting Officer’s Representative Designation Letter, is required for all international travel directly and identifiably funded by USAID under this contract. The Contractor shall therefore present to the CO or the COR, an itinerary for each planned international trip, showing the name of the traveler, purpose of the trip, origin/destination (and intervening stops), and dates of travel, as far in advance of the proposed travel as possible, but in no event less than three weeks before travel is planned to commence.

The CO’s or COR’s (if delegated by the CO) prior written approval may be in the form of a letter or may be specifically incorporated into the schedule of the contract. At least one week prior to commencement of approved international travel, the Contractor shall notify the cognizant Mission, with a copy to the CO or COR, of planned travel, identifying the travelers and the dates and times of arrival.

[END OF SECTION I]