W912PL-17-R-0046_Amendment0001_Specifications.pdf
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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE
2. AMENDMENT/MODIFICAITON NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicble)
7. ADMINISTERED BY (If other than Item 6) CODE
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA FAR (48 CFR) 53.243
FACILITY CODE
9A. AMENDMENT OF SOLICIATION NO.
9B. DATED (SEE ITEM 11)
10A. MODIFICATION OF CONTRACT/ORDER NO.
10B. DATED (SEE ITEM 13)
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
(a)By completing items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment your desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPIRATION DATA (If required)
13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc. ) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15C. DATE SIGNED
15A. NAME AND TITLE OF SIGNER (Type or print)
16C. DATE SIGNED
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
14. DESCRIPTION OF AMENDMENT/MODIFICATION ( Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
PAGE OF PAGES
6. ISSUED BY CODE
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) (X)
CODE
15B. CONTRACTOR/OFFEROR
(Signature of person authorized to sign)
16B. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
NSN 7540-01-152-8070
Previous edition unusable
0001 Jul 14, 2017
W912PL
USACE, Los Angeles District 915 Wilshire Boulevard, Suite 930 Los Angeles, California 90017-3401 Attn:Contracting Division CESPL-CT-W
SEE ITEM 6
W912PL-17-R-0046
Jun 30, 2017
Santa Ana River Mainstem, Lower Santa Ana River Reach 9, BNSF Railroad Bridge Protection, Riverside County, California.
Amendment issued to revised the above-reference solicitation as follows: see continuation page
INSTRUCTIONS
Instructions for items other than those that are self-explanatory, are as follows:
Item 1 (Contract ID Code) . Insert the contract type identification code that appears in the title block of the contract being modified.
Item 3 (Effective date) .
(1)
(2)
(3)
(4)
(5)
For a solicitation amendment, change order, or administrative change, the effective date shall be the issue date of the amendment, change order, or administrative change.
For a supplemental agreement, the effective date shall be the date agreed to by the contracting parties.
For a modification issued as an initial or confirming notice of termination for the convenience of the Government, the effective date and the modification number of the confirming notice shall be the same as the effective date and modification number of the initial notice.
For a modification converting a termination for default to a termination for the convenience of the Government, the effective date shall be the same as the effective date of the termination for default.
For a modification confirming the contacting officer's determination of the amount due in settlement of a contract termination, the effective date shall be the same as the effective date of the initial decision.
(a)
(b)
(c)
(d)
(e)
(f)
Item 6 (Issued By) . Insert the name and address of the issuing office. If applicable, insert the appropriate issuing office code in the code block.
Item 8 (Name and Address of Contractor) . For modifications to a contract or order, enter the contractor's name, address, and code as shown in the original contract or order, unless changed by this or a previous modification.
Item 9, (Amendment of Solicitation No. - Dated), and 10, (Modification of Contract/Order No. - Dated ). Check the appropriate box and in the corresponding blanks insert the number and date of the original solicitation, contract, or order.
Item 12 (Accounting and Appropriation Data) .
When appropriate, indicate the impact of the modification on each affected accounting classification by inserting one of the following entries.
(2) Accounting classification Net decrease $
Include subject matter or short title of solicitation/contract where feasible.
Item 16B . The contracting officer's signature is not required on solicitation amendments. The contracting offier's signature is normally affixed last on supplemental agreements.
(i)
NOTE: If there are changes to multiple accounting classifications that cannot be placed in block 12, insert an asterisk and the words "See continuation sheet".
Item 13 . Check the appropriate box to indicate the type of modification. Insert in the corresponding blank the authority under which the modification is issued. Check whether or not contractor must sign this document. (See FAR 43.103.)
Item 14 (Description of Amendment/Modification) .
Organize amendments or modifications under the appropriate Uniform Contract Format (UCF) section headings from the applicable solicitation or contract. The UCF table of contents, however, shall not be set forth in this document Indicate the impact of the modification on the overall total contract price by inserting one of the following entries:
Total contract price increased by $
Total contract price decreased by $
Total contract price unchanged.
State reason for modification.
When removing, reinstating, or adding funds, identify the contract items and accounting classifications.
When the SF 30 is used to reflect a determination by the contracting officer of the amount due in settlement of a contract terminated for the convenience of the Government, the entry in Item 14 of the modification may be limited to --
A reference to the letter determination; and
A statement of the net amount determined to be due in settlement of the contract.
(g)
(h)
(i)
(ii)
(1)
(2)
(3)
(4)
(5)
(6)
(i)
(ii)
(iii)
STANDARD FORM 30 (REV. 10-83) BACK
(1) Accounting classification Net increase $
BNSF Railroad Bridge Protection Riverside County, California W912PL-17-R-0046
SF 30 CONTINUATION PAGE 1
14 July 2017 Amendment 0001
SF 30 BLOCK 14 CONTINUATION
SUMMARY OF CHANGES
DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS
Section Number Section Title
00 10 00 CONTRACT LINE ITEM PRICING SCHEDULE
00 70 00 CONDITIONS OF THE CONTRACT
00 73 00 SUPPLEMENTARY CONDITIONS
00 73 16 INSURANCE REQUIREMENTS
00 73 46 DAVIS BACON WAGES
DIVISION 01 – 48 - TECHNICAL SPECIFICATIONS
Section Number Section Title
01 11 00 SUMMARY OF WORK
01 22 00 PRICE AND PAYMENT PROCEDURES
SUBMITTAL REGISTER
01 57 19 TEMPORARY ENVIRONMENTAL CONTROLS
01 57 30 DEWATERING AND DIVERSION AND CONTROL OF WATER
31 03 00 GEOTECHNICAL INSTRUMENTATION AND MONITORING
DRAWINGS
Sheet Number
Sheet Title File Number
T‐2A INDEX TO CONTRACT DRAWINGS 1 OF 2 239/3732 REVA
T‐2B INDEX TO CONTRACT DRAWINGS 2 OF 2 239/3733 REVA
T‐6 EXISTING UTILITIES PLAN 239/3737 REV A
C‐E2 PROTECTION ON EAST SIDE PROFILE FOR CONTROL LINE E1 239/3747 REV A
C‐E11 AREA A OF EAST SIDE TYPICAL SECTIONS AND DETAILS 239/3756 REV A
C‐W1 PROTECTION ON WEST SIDE PLAN AND PROFILE 239/3758 REV A
C‐W4 WEST SIDE DRAINAGE DETAILS 239/3761 REV A
C‐W5 RIPRAP PROTECTION ON WEST ABUTMENT PLAN 239/3762 REV A
C‐P1 PROTECTION FOR EXISTING PIER GROUPS PLAN 239/3764 REV A
C‐P2 PROTECTION FOR EXISTING PIER GROUP 2 PLAN AND PROFILE 239/3765 REV A
C‐P3 PROTECTION FOR EXISTING PIER GROUP 3 PLAN AND PROFILE 239/3766 REV A
C‐P4 PROTECTION FOR EXISTING PIER GROUP 4 PLAN AND PROFILE 239/3767 REV A
C‐P5 PROTECTION FOR EXISTING PIER GROUP 5 PLAN AND PROFILE 239/3768 REV A
Riverside County, California W912PL-17-R-0046
SF 30 CONTINUATION PAGE 2
14 July 2017 Amendment 0001
DRAWINGS (CONT.)
Sheet Number
Sheet Title File Number
C‐RE2 MOBILE HOME PARK LEVEE ACCESS ROAD TYPICAL SECTIONS AND
DETAILS
239/3775 REV A
C‐RW2 CONTRACT OPTION: WEST ACCESS ROAD PLAN AND PROFILE STA
17+25 TO STA 23+72
239/3778 REV A
C‐RW3 CONTRACT OPTION: WEST ACCESS ROAD PLAN AND PROFILE STA
8+64.69 TO STA 17+25
239/3779 REV A
C‐G1 GEOTECHNICAL INSTRUMENTATION PLAN 239/3787 REV A
S‐2 GENERAL PLAN 239/3790 REV A
S‐3 PIER 1 AND EAST ABUTMENT CONCRETE SLURRY DIAPHRAGM WALL,
PLAN AND ELEVATION
239/3791 REV A
S‐4 PIERS 2 & 3, PIER NOSE EXTENSION & ENCLOSURE WALL PLAN AND
ELEVATION
239/3792 REV A
S‐5 PIERS 4 & 5, PIER NOSE EXTENSION & ENCLOSURE WALL PLAN AND
ELEVATION
239/3793 REV A
S‐6 PIER 6 AND WEST ABUTMENT CONCRETE SLURRY DIAPHRAGM WALL,
PLAN AND ELEVATION
239/3794 REV A
S‐8 EAST CONCRETE SLURRY DIAPHRAGM WALL AND TIEBACKS PLAN 239/3796 REV A
S‐9 WEST CONCRETE SLURRY DIAPHRAGM WALL AND TIEBACKS PLAN 239/3797 REV A
S‐14 PIER NOSE EXTENSION, TRAINING AND ENCLOSURE WALL SECTION
DETAIL
239/3802 REV A
L‐02 LANDSCAPE PLAN 1 OF 4 239/3813 REV A
M‐1 CABLE FENCING DETAIL 239/3828 REV A
M‐2 PERMANENT GOLF BALL PROTECTION FENCE DETAILS 239/3829 REV A
M‐9 SURVEY MONUMENT, STATION MARKER AND MISCELLANEOUS
DETAILS
239/3836 REV A
Riverside County, California
W912PL-17-R-0046
Item Description Estimated
Quantity
Unit Unit
Price
Amount
0001 Mobilization and Demobilization 1 Job JA $
0002 Diversion and Control of Surface Water 1 Job JA $
0003 Dewatering of Groundwater 1 Job JA $
0004 Clear Site and Remove Obstructions 1 Job JA $
0005 Temporary Fencing 1 Job JA $
0006 Stripping and Stockpiling Topsoil 17,600 CY $ $
0007 Remove, Salvage and Place Derrick
Stone-East Side: (Mobile Home Park
Bank Protection Sta. 1511+80 to Sta.
1513+15)
1 Job JA $
0008 Excavation 35,900 CY $ $
0009 Compacted Fill 4,600 CY $ $
0010 Compacted Backfill 14,450 CY $ $
0011 Stone for 24-Inch Grouted Stone 6,140 Ton $ $
0012 Grouting Stone 1,570 CY $ $
0013 Derrick Stone 8,060 Ton $ $
0014 Concrete Cut-Off Wall 90 LF $ $
0015 East Concrete Slurry Diaphragm Wall and Abutment Concrete Slurry Diaphragm
Wall
54,200 SF $ $
0016 East Concrete Slurry T-Wall 7,400 SF $ $
0017 East Cast-in-Place Concrete: T-Wall and Abutment Diaphragm Wall
420 CY $ $
0018 East Diaphragm Wall Tieback Anchors 67 EA $ $
Bidding Schedule
SECTION 00 10 00
Solicitation Contract Line Item Number (CLIN) Schedule
Base Bid
14 July 2017
SECTION 00 10 00 1
Amendment 0001
W912PL-17-R-0046
Item Description Estimated
Quantity
Unit Unit
Price
Amount
0019 West Concrete Slurry Diaphragm Wall and Abutment Concrete Slurry Diaphragm
Wall
26,800 SF $ $
0020 West Concrete Slurry T-Wall 1,050 SF $ $
0021 West Cast-in-Place Concrete: T-Wall and Abutment Diaphragm Wall
350 CY $ $
0022 West Diaphragm Wall Tieback Anchors 48 EA $ $
0023 Concrete Slurry Diaphragm Pier
Enclosure Wall - Pier Groups 2, 3, 4 and 5
47,200 SF $ $
0024 Concrete Cap Slab for Diaphragm Pier
Enclosure Walls and Training Walls -
Pier Groups 2, 3, 4 and 5
15,000 SF $ $
0025 Pier Nose Extensions - Pier Groups 2, 3, 4 and 5
1 Job JA $
0026 HP Piles for Pier Nose Extensions 438 Ton $ $
0027 Cast-in-Place Concrete Training Walls -
Pier Groups 2, 3, 4 and 5
2,100 CY $ $
0028 Concrete Ramps and Landing, Area A and
B
1 Job JA $
0029 Concrete V-Ditch, Area A - East Side 210 LF $ $
0030 Concrete Curb, Area A - East Side 230 LF $ $
0031 East Access Road 1 Job JA $
0032 Concrete V-Ditch along Diaphragm Walls 765 LF $ $
0033 Aggregate Base Course 2,900 Ton $ $
0034 Mobile Home Park Levee Access Road
Connection (Sta. 10+20 to Sta.
16+68.11)
1 Job JA $
0035 West Access Road, Sta. 23+72 to Sta.
32+17
1 Job JA $
0036 Hot Mix AC Pavement 3,030 Ton $ $
0037 48-Inch Side Drain, Sta. 32+56.91 -
East Side
1 Job JA $
14 July 2017
SECTION 00 10 00 2
W912PL-17-R-0046
Item Description Estimated
Quantity
Unit Unit
Price
Amount
0038 48-Inch Side Drain, Sta. 36+67.35 -
East Side
1 Job JA $
0039 Reconstruct 24-Inch Side Drain Sta.
37+85.20 - East Side
1 Job JA $
0040 Cast-in-Place Retaining Wall - West
Side
152 LF $ $
0041 Cast-in-Place Retaining Wall - East
Side Area A
110 LF $ $
0042 Landscape Planting and Establishment 28 AC $ $
0043 Temporary Irrigation 28 AC $ $
0044 Chain Link Fencing 44 LF $ $
0045 Cable Fencing 1,600 LF $ $
0046 Removable Bollards and Chain Railing 100 LF $ $
0047 Sound Wall 7,720 LF $ $
0048 Geotechnical Instrumentation 1 Job JA $
0049 Temporary Power to Golf Course 1 Job JA $
0050 Deleted
0051 Station Markers 9 EA $ $
0052 Well Monuments 7 EA $ $
0053 Top of Wall Survey Monuments 10 EA $ $
0054 Remove Existing Sanitary Sewer Line 1 Job JA $
0055 Golf Course Irrigation and Electrical
Utility Relocations
1 Job JA $
0056 Construction Vibration Monitoring Near
Residential Homes
1 Job JA $
0057 West Abutment Riprap Protection 1 Job JA $
0058 Government Project Office 1 Job JA $
14 July 2017
SECTION 00 10 00 3
W912PL-17-R-0046
Item Description Estimated
Quantity
Unit Unit
Price
Amount
0059 Prado Office Maintenance 24 Month $ $
0060 Security Guard Service 24 Month $ $
0061 Golf Cart 1 Job JA $
0062 Contractor Furnished Geotechnical
Equipment
1 Job JA $
0063 Metal Beam Guardrail 169 LF $ $
$ESTIMATED AMOUNT OF BASE BID:
(Line Items 0001 through 0063)
14 July 2017
SECTION 00 10 00 4
W912PL-17-R-0046
Item Description Estimated
Quantity
Unit Unit
Price
Amount
0064 Golf Course Restoration 1 Job JA $
0065 Mobile Home Park Levee Access Road
Inside Caltrans Right-of-Way (Sta.
10+00 to Sta. 10+20)
1 Job JA $
0066 Side Drain No. 12 Inlet Modification 1 Job JA $
0067 Green River Golf Club Access Driveway
Reconstruction (Sta. 12+80 to Sta.
14+00)
1 Job JA $
0068 Green River Golf Club Aliso Creek
Bridge
1 Job JA $
0069 Green River Golf Club Access Driveway
Knuckle Fill Extension
1 Job JA $
0070 Green River Golf Club Well Monuments 1 Job JA $
0071 West Access Road, Sta. 8+64.69 to Sta.
23+72.00
1 Job JA $
0072 Treatment for Total Dissolved Solids
(TDS) in Dewatering Effluent
(June 2018-2019)
1 Job JA $
0073 Treatment for Total Dissolved Solids
(TDS) in Dewatering Effluent
(June 2019-2020)
1 Job JA $
0074 Treatment for Total Dissolved Solids
(TDS) in Dewatering Effluent
(June 2020-2021)
1 Job JA $
0075 Treatment for Total Dissolved Solids
(TDS) in Dewatering Effluent - As
Required
(June 2021-Contract Completion)
12 Month $ $
(Line Items 0001 through 0075)
ESTIMATED AMOUNT OF OPTION ITEMS:
(Line Items 0064 through 0075)
TOTAL ESTIMATED AMOUNT OF BASE BID PLUS OPTION ITEMS:
Option Items
14 July 2017
SECTION 00 10 00 5
BNSF Railroad Bridge Protection W912PL-17-R-0046
SECTION 00 10 00 Page 1 14 July 2017 Amendment 0001
Section 00 10 00 Solicitation Contract Line Item Number (CLIN) Schedule
ADDITIONAL OFFERORS NOTES:
1. All extensions of the unit prices shown will be subject to verification by the Government.
In case of variation between the unit price and the extension, the unit price will be considered to be the offer.
2. If a modification to a offer based on unit prices is submitted which provides for a job amount adjustment to the total estimated amount, the application of the job amount adjustment to each unit price in the Price Schedule must be stated. If it is not stated, the offeror agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the Price Schedule.
3. Prices must be submitted on all individual items of the Solicitation, Contract Line Item Number (CLIN) Schedule. Failure to do so may cause the offer to be determined “non-responsive.”
4. For the purpose of initial evaluation of offers, the following will be utilized in resolving arithmetic discrepancies found on the face of the Price Schedule as submitted by the offerder:
a. Obviously misplaced decimal points will be corrected;
b. In case of discrepancy between the unit price and the extended price, the unit price will govern;
c. Apparent errors in extensions of unit prices will be corrected;
d. Apparent errors in addition of lump sum and extended prices will be corrected.
5. For the purpose of offer evaluation, the Government will proceed on the assumption that the offeror intends the offer to be evaluated on the basis of unit prices the totals arrived at by the resolution of arithmetic discrepancies as provided above and the offer will be so reflected on the abstract of offers.
6. The job amount "JA" line items in the Price Schedule are not "Estimated Quantity" line items and are not subject to the "Variation in Estimated Quantity" contract clause.
7. The Contract Clause 52.232-27, "Prompt Payment for Construction Contracts" requires that the name and address of the contractor official, to whom payment is to be sent, be the same as that in the contract or in a proper Notice of Assignment.
8. Principal Contracting Officer. The Contracting Officer who signs this contract will be the Principal Contracting Officer for this contract. However, any Contracting Officer assigned to the Los Angeles District, Contracting within his authority, may take formal action on this contract when the Principal Contracting Officer is unavailable and the action needs to be taken.
9. Amounts and prices shall be indicated in either words or figures, NOT BOTH.
10. The offeror/offeror shall distribute indirect costs (overhead, profit, bond, etc) over all items in the Contract Line Item Number (CLIN) Schedule. The Government will review all submitted Solicitation, Contract Line Item Number (CLIN) Schedules for any unbalancing of the items. Any submitted Solicitation, Contract Line Item Number (CLIN) Schedule determined to be unbalanced may cause the offerder to be ineligible for award.
SECTION 00 10 00 Page 2 14 July 2017 Amendment 0001
11. The offeror shall furnish all plant, labor, material, equipment, etc., necessary to perform all work in strict accordance with the terms and conditions set forth in the contract in include all attachments thereto.
12. Some quantities are ESTIMATED, the offerors prices MUST BE FIRM.
13. Offeror is cautioned to check his Price Schedule carefully prior to submission. If the Price Schedule contains unit prices, they should be round off to the second decimal point only
NOT EXTENDED FURTHER.
14. Payment of Electronic Funds Transfer (EFT) is the mandatory method of payment. The Contractors attention is directed to Contract Clause NO. 52.232-33 “Mandatory Information for Electronic Funds Transfer” located in Section 00 70 00 Conditions of the Contract.
15. Contractor is required to fill in Cage code, TIN and DUNS Number in Block No. 14 on Standard Form 1442, the Name and Address Block.
252.236-7008 Contract Prices - Bidding Schedules (Dec 1991)
a. The Government's payment for the items listed in the CLIN Schedule shall constitute full compensation to the Contractor for --
(1) Furnishing all plant, labor, equipment, appliances, and materials; and
(2) Performing all operations required to complete the work in conformity with the drawings and specifications.
b. The Contractor shall include in the prices for the items listed in the Pricing Schedule all costs for work in the specifications, whether or not specifically listed in the Pricing Schedule.
52.217-5 Evaluation of Options (Jul 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).
-- End of Section –
SECTION 00 70 00 Page 1
14 July 2017 Amendment 0001
Section 00 70 00 Conditions of the Contract
Table of Contents
52.202-1 DEFINITIONS (NOV 2013)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM .. 11
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS
(OCT 2016)
52.204-12 Unique Entity Identifier Maintenance (Oct 2016)
52.204-13 SYSTEM FOR AWARD MANAGEMENT Maintenance (OCT 2016)
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (JULY 2013)
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)
52.211-13 TIME EXTENSIONS (SEP 2000)
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)
52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011) ... 21
52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA (OCT 2010)
52.215-15 PENSION ADJUSTMENTS AND ASSET REVERSIONS (OCT 2010)
52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)
52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS (PRB)
OTHER THAN PENSIONS (JUL 2005)
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications (OCT 2010)
52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES (OCT 2009)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
52.222-3 Convict Labor (JUN 2003)
SECTION 00 70 00 Page 2
14 July 2017 Amendment 0001
52.222-4 Contract Work Hours and Safety Standards - Overtime Compensation. (MAY 2014)
52.222-5 CONSTRUCTION WAGE RATE REQUIREMENTS--SECONDARY SITE OF THE WORK (MAY
2014)
52.222-6 Construction Wage Rate Requirements (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 (MAY 2014)
52.222-13 Compliance With Construction Wage Rate Requirements and Related Regulations (MAY 2014)
52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
52.222-26 EQUAL OPPORTUNITY (SEPT 2016)
52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 2015)
52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS--PRICE ADJUSTMENT (NONE OR
SEPARATELY SPECIFIED METHOD) (MAY 2014)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
(DEC 2010)
52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
52.222-54 Employment Eligibility Verification (OCT 2015)
52.222-55 Minimum Wages Under Executive Order 13658 (DEC 2015)
52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment AND AIR CONDITIONERS
(JUN 2016)
52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND
CONSTRUCTION CONTRACTS (MAY 2008)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (AUG 2011)
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS (MAY 2014)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)
52.227-4 PATENT INDEMNITY--CONSTRUCTION CONTRACTS (DEC 2007)
SECTION 00 70 00 Page 3
14 July 2017 Amendment 0001
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)
52.228-12 Prospective Subcontractor Requests for Bonds. (MAY 2014)
52.228-13 ALTERNATIVE PAYMENT PROTECTIONS (JULY 2000)
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)
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
52.232-17 INTEREST (MAY 2014)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT
(JULY 2013)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.233-1 Disputes. (MAY 2014)
52.233-3 PROTEST AFTER AWARD (AUG. 1996)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.234-4 EARNED VALUE MANAGEMENT SYSTEM (NOV 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 EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND
IMPROVEMENTS (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)
52.236‐13 ACCIDENT PREVENTION (NOV 1991) – ALTERNATE I (NOV 1991)
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
52.236-16 QUANTITY SURVEYS (APR 1984)
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
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52.242-13 BANKRUPTCY (JUL 1995)
52.242-14 SUSPENSION OF WORK (APR 1984)
52.243-4 CHANGES (JUN 2007)
52.243-7 NOTIFICATION OF CHANGES (JAN 2017)
52.244-5 COMPETITION IN SUBCONTRACTING (DEC 1996)
52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2017)
52.245-1 GOVERNMENT PROPERTY (JAN 2017)
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
52.248-3 VALUE ENGINEERING--CONSTRUCTION (OCT 2015)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) ... 126
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR 2012) -
ALTERNATE I (SEP 1996)
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
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) .. 135
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)
252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2016)
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
252.204-7005 ORAL ATTESTATION OF SECURITY RESPONSIBILITIES (NOV 2001)
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 COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015)
252.215-7000 PRICING ADJUSTMENTS (DEC 2012)
252.215-7002 COST ESTIMATING SYSTEM REQUIREMENTS (DEC 2012)
252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—BASIC
(DEVIATION 2016-O0009) (AUG 2016)
252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS
MATERIALS--BASIC (SEP 2014)
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016)
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252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004)
252.227-7000 Non-estoppel. (OCT 1966)
252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)
252.227-7022 GOVERNMENT RIGHTS (UNLIMITED) (MAR 1979)
252.227-7023 DRAWINGS AND OTHER DATA TO BECOME PROPERTY OF GOVERNMENT. (MAR
1979)
252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED
INFORMATION MARKED WITH RESTRICTIVE LEGENDS. (MAY 2013)
252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)
252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)
252.227-7037 Validation of Restrictive Markings on Technical Data. (SEP 2016)
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUNE 2012)
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
252.236-7000 MODIFICATION PROPOSALS - PRICE BREAKDOWN. (DEC 1991)
252.243‐7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY (APR 2012)
252.245-7002 REPORTING LOSS OF GOVERNMENT PROPERTY (APR 2012)
252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)
252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (SEP 2016)
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52.202‐1 DEFINITIONS (NOV 2013)
When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--
(a) The solicitation, or amended solicitation, provides a different definition;
(b) The contracting parties agree to a different definition;
(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or
(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.
(End of clause)
52.203‐5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.
"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.
"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.
"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.
52.203‐6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
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(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.
(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.
(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.
52.203‐7 ANTI‐KICKBACK PROCEDURES. (MAY 2014)
(a) Definitions.
"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.
"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.
"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.
(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--
(1) Providing or attempting to provide or offering to provide any kickback;
(2) Soliciting, accepting, or attempting to accept any kickback; or
(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to
SECTION 00 70 00 Page 8
14 July 2017 Amendment 0001 the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.
(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.
(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.
(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.
(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.
(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.
52.203‐13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
(a) Definitions. As used in this clause--
Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.
Full cooperation—
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require--
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine;
or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from--
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
SECTION 00 70 00 Page 9
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).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--
(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(2) The Contractor shall--
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
SECTION 00 70 00 Page 10
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall--
(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including--
(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
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(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.
(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a value in excess of $5.5 million and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
52.203‐17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM
EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.
52.204‐4 Printed or Copied Double‐Sided on Postconsumer Fiber Content Paper (May
2011)
(a) Definitions. As used in this clause--
Postconsumer fiber means—
(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, SECTION 00 70 00 Page 12
14 July 2017 Amendment 0001 after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers;
old magazines; mixed waste paper; tabulating cards; and used cordage; or
(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not
(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.
(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.
52.204‐9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(End of Clause)
52.204‐10 REPORTING EXECUTIVE COMPENSATION AND FIRST‐TIER SUBCONTRACT
AWARDS (OCT 2016)
(a) Definitions. As used in this clause:
Executive means officers, managing partners, or any other employees in management positions.
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First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or…
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