ATTACHMENT_4_-_Clauses.pdf

Attachment 4 - CONTRACT CLAUSES

FAR/DFARS: http://farsite.hill.af.mil DLAD: http://www.dla.mil/j-3/j-336

I. FAR, DFAR and DLAD clauses incorporated by reference:

52.202-1 DEFINITIONS (NOV 2013)

52.203-3 GRATUITIES (APR 1984)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP

2006)

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(ALTERNATE I) (OCT 1995)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2005)

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS REPRESENTATION (JAN 2017)

52.204-2 SECURITY REQUIREMENTS (AUG 1997)

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

52.204-5 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)

52.204-7 CENTRAL CONTRACTOR REGISTRATION (JUL 2006)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (NOV

2006)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS (DEC 2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (JUN 2016)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING

WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR

DEBARMENT (OCT 2015)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTER (JUL 2013)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW

(FEB 2016)

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS

(JAN 2017)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS- COMMERCIAL ITEMS

(Alternate I) (OCT 2014) http://farsite.hill.af.mil/ http://www.dla.mil/j-3/j-336

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN 2017)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES

OR EXECUTIVE ORDERS –COMMERCIAL ITEMS (JAN 2017)

52.215-2 AUDIT AND RECORDS – NEGOTIATION (OCT 2010)

52.215-8 ORDER OF PRECEDENCE-UNIFORM CONTRACT FORMAT (OCT 1997)

52.217-2 CANCELLATION UNDER MULTI-YEAR CONTRACTS (OCT 1997)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZone SMALL

BUSINESS CONCERNS (OCT 2014)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2016-O0009) (AUG

2016)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (JUL 2013)

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 (MAY 2014)

52.222-6 DAVIS-BACON ACT (MAY 2014)

52.222-7 WITHHOLDING OF FUNDS (MAY 2014)

52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)

52.222-9 APPRENTICES AND TRAINEES (JUL 2005)

52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)

52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)

52.222-12 CONTRACT TERMINATION – DEBARMENT (FEB 1988)

52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATEDACT 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 (APR 2015)

52.222-26 EQUAL OPPORTUNITY (OCT 2016)

52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION

(APR 2015)

52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF

THE VIETNAM ERA, AND THER ELIGIBLE VETERANS (OCT 2015)

52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUL 2014)

52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF

THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (FEB 2016)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (DEC 2010)

52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (MAY 2014)

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE ACT - PRICE ADJUSTMENT

(MULTIPLE YEAR AND OPTION CONTRACTS) (MAY 2014)

52.222-50 COMBATING TRAFFICKING IN PERSONS (MAY 2015)

52.222-55 MINIMUM WAGES UDER EXECUTIVE ORDER 13658 (DEC 2015)

52.222-60 PAYCHECK TRANSPARENCY (EXECUTIVE ORDER 13673) (OCT 2016)

52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION

(ALTERNATE II)(MAY 2011)

52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

52.223-14 TOXIC CHEMICAL RELEASE REPORTING (JUN 2014)

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 ACT – SUPPLIES (MAY 2014)

52.225-5 TRADE AGREEMENTS (OCT 2016)

52.225-9 BUY AMERICAN ACT—CONSTRUCTION MATERIALS (MAY 2014)

52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT- CONSTRUCTION

MATERIALS (MAY 2014)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN

REPRESENTATION AND CERTIFICATIONS (OCT 2015)

52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT (DEC 2007)

52.227-4 PATENT INDEMNITY – CONSTRUCTION CONTRACTS (DEC 2007)

52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)

52.228-5 INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.228-11 PLEDGES OF ASSETS (JAN 2012)

52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)

52.228-15 PERFORMANCE AND PAYMENT BONDS CONSTRUCTION (OCT 2010)

52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

52.232-1 PAYMENTS (APR 1984)

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

52.232-11 EXTRAS (APR 1984)

52.232-17 INTEREST (MAY 2014)

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)

52.232-25 PROMPT PAYMENT (JAN 2017)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR AWARD

MANAGEMENT (JUL 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (MAY 2014)

52.233-1 DISPUTES (MAY 2014)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (SEP 2016)

52.236-2 DIFFERING SITE CONDITIONS (APR 1984)

52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)

52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)

52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)

52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)

52.236-8 OTHER CONTRACTS (APR 1984)

52.236-9 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION

(APR 1984)

52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)

52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)

52.236-12 CLEANING UP (APR 1984)

52.236-13 ACCIDENT PREVENTION (NOV 1991)

52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (AUG 1984)

52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (AUG 1984)

52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION (APR 1984)

52.242-13 BANKRUPTCY (JUL 1995)

52.242-15 STOP WORK ORDER (AUG 1989)

52.243-1 CHANGES-FIXED PRICE (AUG 1987)

52.243-4 CHANGES (JUN 2007)

52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)

52.245-1 GOVERNMENT PROPERTY (JAN 2017)

52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)

52.245-9 USE AND CHARGES (APR 2012)

52.246-4 INSPECTION OF SERVICES—FIXED PRICE (AUG 1996)

52.246-12 WARRANTY OF CONSTRUCTION (MAR 1994)

52.246-13 INSPECTION - DISMANTLING, DEMOLITION, OR REMOVAL OF

IMPROVEMENTS (AUG 1996)

52.246-14 INSPECTION OF TRANSPORTATION (APR 1984)

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)

52.246-20 WARRANTY OF SERVICES (MAY 2001)

52.246-21 WARRANTY OF CONSTRUCTION (MAY 1994)

52.249-2 TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT

(FIXED-PRICE) (APR 2012)

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

52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)

52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

52.247-34 F.O.B. DESTINATION (NOV 1991)

II. DFARS Clauses

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-

CONTRACT-RELATED FELONIES (DEC 2008)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

252.203-7004 DISPLAY OF DOD HOTLINE POSTER (OCT 2016)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER

DOD OFFICIALS (NOV 2011)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (FEB 2014)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD PARTY CONTRACTOR

REPORTED CYBER INCIDENT INFORMATION (OCT 2016)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991)

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY

THE GOVERNMENT OF A TERRORIST COUNTRY (OCT 2015)

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (MAR 2016)

252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN

PERSONS (JAN 2015)

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)

252.223-7006 PROHIBITION ON STORAGE AND DISPOSAL OF TOXIC AND HAZARDOUS

MATERIALS (SEP 2014)

252.225-7000 BUY AMERICAN ACT- BALANCE OF PAYMENTS PROGRAM (NOV 2014)

252.225-7001 BUY AMERICAN ACT AND BALANCE OF PAYMENTS PROGRAM (DEC 2016)

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016)

252.225-7013 DUTY-FREE ENTRY (MAY 2016)

252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(SEP 2004)

252.227-7015 TECHNICAL DATA-COMMERCIAL ITEMS (FEB 2014)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENTS REQUESTS AND RECEIVING

REPORTS (JUN 2012)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013)

252.241-7001 GOVERNMENT ACCESS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA (APR 2014)

III. DLAD Clauses

52.219-9004 SMALL BUSINESS PROGRAM REPRESENTATIONS (DLAD) (NOV 2011)

52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATE DISPUTE RESOLUTION (DLAD)

(DEC 2016)

IV. FAR, DFAR and DLAD provisions full text:

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)

(a) The offeror’s attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation.

(b) The goals for minority and female participation, expressed in percentage terms for the Contractor’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Goals for Minority Participation for Each Trade

Goals for Female Participation for Each Trade

10.2% 6.9%

These goals are applicable to all the Contractor’s construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed.

Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office.

(c) The Contractor’s compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on

(1) its implementation of the Equal Opportunity clause,

(2) specific affirmative action obligations required by the clause entitled “Affirmative Action Compliance Requirements for Construction,’’ and

(3) its efforts to meet the goals.

The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed.

(d) The Contractor shall provide written notification to the Deputy Assistant Secretary for Federal Contract Compliance, U.S. Department of Labor, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the --

(1) Name, address, and telephone number of the subcontractor;

(2) Employer’s identification number of the subcontractor;

(3) Estimated dollar amount of the subcontract;

(4) Estimated starting and completion dates of the subcontract; and

(5) Geographical area in which the subcontract is to be performed.

(e) As used in this Notice, and in any contract resulting from this solicitation, the “covered area” is JBMDL, NJ.

(End of Provision)

52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)