A02_Atch_5_Clauses.pdf

W25G1V-18-R-0018 Atch 5

Clauses

The following Federal Acquisition Regulations (FAR) are applicable:

52.203-3, Gratuities

52.203-6 Alt I, Restrictions on Subcontractor Sales to the Government

52.203-11, Certification and Disclosure Regarding Payment to Influence Certain Federal Transactions

52.203-12, Limitation on Payments to Influence Certain Federal Transactions

52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

52.203-18, Prohibition on Contracting With Entities that require Certain Internal Confidentiality Agreements or Statements—Representation

52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

52.204-4, Printed of Copied Double-Sided on Postconsumer Fiber Content Paper

52.204-10, Reporting Executive Compensation and First-Tier subcontract Awards

52.204-19, Incorporation by Reference of Representations and Certifications

52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation

52.209-6, Protecting the Government’s Interest When Subcontracting with contractors Debarred, Suspended, or Proposed for Debarment

52.209-7, Information Regarding Responsibility Matters

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

52.209-11, Representation by Corporations Regarding Delinquent Tax Liability of a Felony Convection Under any Federal Law

52.212-1, Instruction to Offerors – Commercial Items

52.212-2, Evaluation – Commercial Items

52.212-3 ALT 1, Offeror Representations and Certifications - Commercial Items

52.212-4, Contract Terms and Conditions – Commercial Items

52.212-5 Deviation, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items

52.215-1, Instructions to Offerors—Competitive Acquisition

52.215-6, Place of Performance

52.215-20 Alt IV, Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data

52.215-21 Alt IV, Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data – Modifications

52.216-1, Type of contract

52.217-5, Evaluation of Options

52.217-8, Option to extend services

52.219-1, Small Business Program Representation

52.219-6, Notice of Total Small Business Set-Aside

52.219-8, Utilization of Small Business Concerns

52.219-14, Limitations on Subcontracting

52.219-28, Post Award Small Business Program Representation

52.222-3, Convict labor

52.222-17, Nondisplacement of Qualified Workers

52.222-21, Prohibition of Segregated Facilities

52.222-22, Previous Contracts and Compliance Reports

52.222-26, Equal Opportunity

52.222-35, Equal Opportunity for Veterans

52.222-36, Equal Opportunity for Workers With Disabilities

52.222-37, Employment Reports on Veterans

52.222-38, Compliance with Veterans’ Employment Reporting Requirements

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

52.222-41, Service Contract Labor Standards

52.222-42, Statement of Equivalent Rates for Federal Hires (below)

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

52.222-49, Service Contract Labor Standards-Place of Performance Unknown (below)

52.222-50, Combating Trafficking in Persons

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

52.225-13, Restrictions on Certain Foreign Purchases

52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification

52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications

52.229-3, Federal, State and Local Taxes

52.232-8, Discounts for Prompt Payment

52.232-11, Extras

52.232-33, Payment by Electronic Funds Transfer—System for Award Management

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

52.233-2, Service of Protest (below)

52.233-3, Protest after Award

52.233-4, Applicable Law for Breach of Contract Claim

52.242-13, Bankruptcy

52.242-15, Stop-Work Order

52.244-5, Competition in Subcontracting

52.246-4, Inspection of Services – Fixed Price

52.246-25, Limitation of Liability--Services

52.247-34, FOB Destination

52.249-8, Default (Fixed-Price Supply & Service)

52.252-1, Solicitation provisions incorporated by reference

52.252-2, Clauses Incorporation by Reference

52.252-5, Authorized Deviations in Provisions

52.252-6, Authorized Deviations in Clauses

52.253-1, Computer Generated Forms

The following Defense Federal Acquisition Regulations (DFARS) are applicable:

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.203-7002, Requirement to inform employees of whistleblower rights

252.203-7005, Representation relating to compensation of former DOD Officials

252.204-7003, Control of Government Personnel Work Product

252.204-7004 Alt A, System for Award Management

252.204-7006, Billing Instructions

252.209-7004, Subcontracting with firms that are owned or controlled by the government of a terrorist country

252.209-7998 Dev, Representation Regarding Conviction of a Felony Criminal

252.209-7999 Dev, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law

252.225-7000, Buy American-Balance of Payments Program Certificate

252.225-7001, Buy American and Balance of Payments Program

252.225-7002, Qualifying Country Sources as Subcontractors

252.225-7013, Duty-Free Entry

252.225-7048, Export-Controlled Items

252.229-7999 DEV, Taxes—Foreign Contracts in Afghanistan

252.232-7003, Electronic submission of payment requests and receiving reports

252.232-7006, Wide Area Workflow Payment Instructions

252.232-7010, Levies on Contract Payments

252.243-7001, Pricing of Contract modifications

252.243-7002, Requests for equitable adjustment

252.244-7000, Subcontracts for Commercial Items

252.247-7023, Transportation of Supplies by Sea

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

Department of the Army ACC-APG, Division E Tobyhanna Branch Attn: Matthew A. Chase 11 Hap Arnold Blvd Tobyhanna, PA 18466-5100

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

NOTE: The preferred method of resolving protests is through the above cited Contracting Officer at Tobyhanna Army Depot.

(End of Note)

FAR 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY

1989)

In compliance with the Service Contract Labor Standards, as amended, and the regulations of the

Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE

DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

23260 Fabric Worker

Locations:

TYAD, PA WG-3105-09, $22.01/Hour

Ft. Hood, TX WG-3105-09, $20.16/Hour

APPLICABLE DEPARTMENT OF LABOR WAGE DETERMINATION 2015-5797, Revision No. 5 dated 1/16/18 TYAD, PA, MONROE COUNTY; WAGE DETERMINATION 2015- 5237, Revision No. 6 dated 1/16/18 FT. HOOD, TX, BELL COUNTY MAY BE OBTAINED AT http://www.wdol.gov/sca.aspx

(End of clause)

FAR 52.222-49 Service Contract Labor Standards – Place of Performance Unknown (May 2014)

(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: To be determined if requested as stated below.

The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing within five working days of the date of solicitation issuance.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals.

However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

(End of clause)