HomeMy WebLinkAboutAGMT - United States -Dept. of Navy (Naval Weapons Station - Water Service) 1111 •
• RESOLUTION NUMBER 36/46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH, CALIFORNIA, ESTABLISHING WATER
SERVICE RATES AND RESCINDING RESOLUTION -
NUMBER 3547
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE:
WHEREAS, Section 26 -8 of the Code of the City of Seal Beach does
provide that minimum monthly rates for water service, a
specified quantity of water to be furnished with the
minimum monthly rate, and additional charge for water
used in excess of said specified quantity of water be
established and fixed by Resolution.
NOW, THEREFORE, BE IT RESOLVED that the following water service
rates are hereby established and fixed as follows:
• 1. Where water is furnished through a meter, the monthly
minimum rate to be charged for each meter installed
shall be Six Dollars and Seventy -Nine Cents ($6.79).
2. The monthly minimum rate to be charged for water
furnished through meters shall be for the use of the
first seven hundred cubic feet (700 c.f.), or part
thereof, of water furnished through such meter.
3. All water furnished through each meter in excess of the
first seven hundred cubic feet (700 c.f.) shall have an
additional charge of Ninety -Seven Cents ($0.97) for
each additional one hundred cubic feet (100 c.f.) or
part thereof, for the next one million cubic feet
(1,000,000 c.f.).
• 4. For each additional one hundred cubic feet (100 c.f.)
above the firs* one million seven hundred cubic feet
(1,000,700 c.f.), the rate shall be eighty -seven
percent (87Z) of the rate charged for the first one
million seven hundred cubic feet (1,000,700 c.f.).
BE IT FURTHER RESOLVED that Resolution Number 3547 is hereby
• rescinded and that the aforementioned water rates and quantities
set forth shall become effective on the 1st day of September,
1986. Until such date, the existing water rates shall remain
effective.
PASSED, APPROVED AND ADOPTED by the City Counci of the City of
Se- -ach t a meeting thereof held on the / _ day of
, 1986, by the fo .wing vo
AYE Councilmembers _� , ,
NOES: Councilmembers
ABSENT: Councilmembers
Mayo -
ATTEST: ` .• °� (.° • � o y
.Q
9 city2V 2 �/ ti •; r 77 . . ,
C C U Nrt
•sol uti on Number 34/6 •
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
California, do hereby certify that the fore oing resolution is
the original copy of Resolution Number / on file in the
- office of the City Clerk, passed, approved and adopted by the
City Council of the City f Seal Beach a regular meeting
l_ thereof held on the //! day of , 1986.
"'I...4A (
City Clerk
V
}
�� 19
C - 2 • Sewerage 1 19C -3
No permit shall be issued for the connection to the City sewer system
�... by any property subject to the service fee or connection fee until
the same has been paid to the City. Any person connecting, or causing
the connection of, any such property to the City sewer system either
directly or indirectly, without compliance with the provisions of the
ordinance codified herein, is guilty of a misdemeanor, and upon con-
viction thereof is punishable by a fine of not more than five hundred
dollars, or by imprisonment for not more than six months, or by both
such fine and imprisonment. If any section, subsection, paragraph,
sentence, clause or phase of the ordinance codified herein is for any
reason held to be unconstitutional or invalid, such decision shall
not affect the validity or constitutionality of the remaining portions
of the ordinance codified herein. The City Council declares that it
would have passed the ordinance codified herein and each section, sub-
section, paragraph, sentence, clause or phrase thereof irrespective
of the fact that one or more of the sections, subsections, paragraphs,
sentences, clauses or phrases thereof be declared unconstitutional or
invalid. (Ord. No. 722, 6 1 (part); Ord. No. 889, IB 1, 2.)
Sec. 19C -3. Service Charges
(a) The City shall make a monthly service charge to each residen-
tial unit or units, business, industrial enterprises or other entity
which has a connection to the City -owned sewage collection systems for
the use of said sewage collection system, such monthly service charge
e .� to be an amount equal to twenty -two percent (22X) of the water billing
to said user.
(b) Service charges for maintenance and operation of the sewage
collection system for a particular property shall be billed on the same
bill and to the same ownership as the water bill for that particular
property.
(c) In the event that any property in the City is unoccupied for
thirty - two (32) consecutive days during any two -month billing period,
and no service is provided or required, than a pro -rated charge shall
be made on the basis of a sworn statement by the owner or occupant of
such vacancy for the billing period last past.
(d) The occupants of each place or premises shall be liable for
payment of all fees and charges as heretofore set forth in this
ordinance. Should any place or premises be occupied or should the
occupant thereof fail to pay all such fees and charges before the sum
becomes delinquent as provided in Section 26 - of the Seal Beach City
Code, then, in either of such events, the owner of such places or
premises shall be liable for the payment of all such fees and charges.
(e) Should an account for sewage service charge not be paid on
or before the twentieth day of the month in which it became due, it
shall be deemed delinquent and a penalty of ten percent (10X) shall be
added thereto.
138.9 (Seal Beach 2/15/83)
f
/ //2
•
CONTRACT N62474 -84 -C -0008
DEPARTMENT OF THE NAVY
WATER SERVICE CONTRACT
Naval Weapons Station Seal Beach California
(Premises to be served) (City) (State)
City of Seal Beach 211 Eighth Street, Seal Beach, CA
(Contractor) (Contractor's Address)
Premises are: Government Owned
Estimated Annual Cost: $27,000.00
Connection Charge: None
Bills will be rendered to: The mailing envelope containing invoice shall be
clearly marked "INVOICE ENCLOSED".
ITEMS 1 & 2 Commanding Officer (Code 02)
N62474 -84 -C -0008
Naval Weapons Station
Seal Beach, CA
ITEM 3 Navy Housing Office (Code 16)
K607010202/N62474 -84 -C -0008
2209 Seabright Avenue
Long Beach, CA 90810
Payments will be made by:
Disbursing Officer
Naval Supply Center
937 N. Harbor Drive
San Diego, CA 92132
Communications: All communications regarding this contract shall be
addressed as follows:
Contractor: City of Seal Beach -
City Hall
211 Eighth Street
Seal Beach, California 90740
Government: Commanding Officer (Code 1131)
Western Division
Naval Facilities Engineering Command
P.O. Box 727
San Bruno, CA 94066
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -84 -C -0008
This contract is negotiated pursuant to authority of 10 U.S.C. 2304(a)(10).
Appropriation chargeable:
For recurring billing charges: Applicable funds will be cited on invoices
or delivery orders issued against this
contract.
For connection charge: None
THIS CONTRACT is entered into as of the latter date shown below by and between
the UNITED STATES OF AMERICA, hereinafter called the Government, represented
by the Contracting Officer executing this contract, and the City of Seal
Beach, whose address is 211 Eighth Street, Seal Beach, California, hereinafter
called the Contractor.
I. SCOPE. Subject to the terms and conditions hereinafter set forth, the
Contractor shall furnish, and the Government shall purchase and receive water
service (hereinafter called service) requested by the Government from the
Contractor at the premises to be served hereunder (hereinafter called the
service location), in accordance with the General and Technical Provisions
attached hereto and made a part hereof.
II. TERM. This contract shall continue in effect until terminated at the
option of the Government by the giving of written notice not less than 30 days
in advance of the effective date of termination.
IN WITNESS WHEREOF, the parties hereto have executed this contract as of the
day and year first above written.
CITY OF SEAL BEACH UNITED STATES OF AM RICA
J 'r�
BY ,% BY ,. O1r4�2LJ
'
(si ture signature
ALLEN J. PARKER Director, Utiliti; ;
(typed name) (typed name)
CITY MANAGER for Commander, Naval Facilities
(title) Engineering Command
Contracting Officer
December 3, 1984 5 Nov 1984
(Date) (Date)
_ � , S . •
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -84 -C -0008
TECHNICAL AND GENERAL PROVISIONS FOR UTILITY SERVICE
I. TECHNICAL PROVISIONS
1. MEASUREMENT OF SERVICE.
(a) All service furnished by the Contractor shall be measured by
metering equipment of standard manufacture, maintained, calibrated and read by
the Contractor. In the event that the water meters fails to register or
registers incorrectly, the quantity of service delivered during that period
shall be determined and an equitable adjustment based thereon shall be made in
the Government's bills (for this purpose any meter which registers not more
than two percent slow or fast shall be deemed correct). Failure to agree on
any adjustment shall be a dispute concerning a question of fact within the
meaning of the "Disputes" clause of this contract.
2. METER TEST.
The Contractor, at his expense, shall periodically inspect and test the
meters installed by him, at intervals of no longer than on (1) year. At the
written request of the Contracting Officer, the Contractor, in the presence of
Government representatives, shall make additional tests of any or all meters.
The cost of such additional tests shall be borne by the Government if the
percentage of error is found to be not more than two (2) percent slow or
fast. No meter shall be placed in service which on test registers in excess
of one hundred (100) percent under normal operating conditions.
II GENERAL PROVISIONS
1. PAYMENT.
(a) The Contractor shall be paid by the designated disbursing officer
for service furnished hereunder at the rates specified; provided that the
Government shall be liable for the minimum bimonthly charge, if any, specified
in this contract commencing with the billing period in which service is
initially furnished and continuing until this contract is terminated, except
that the minimum bimonthly charge shall be equitably prorated for the billing
period in which commencement and termination of this contract shall become
effective.
(b) Payments hereunder shall be contingent upon the availability of
appropriations therefor, and shall not be made in advance of the service
rendered.
(c) All bills for service shall be paid according to "Prompt Payment
Act ", Public Law 97 -177. The Government shall be entitled to any discounts
customarily applicable to payment of bills by all customers of the Contractor.
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -84 -C -0008
(d) Invoices for service rendered hereunder shall contain statements of
the meter readings at the beginning and ending of the billing period, meter
constants, consumption during the billing period, and such other pertinent
data as shall be required by the Government.
(e) The Contractor hereby declares that the rates are not in excess of
the lowest rates now available to any existing or prospective customer under
like conditions of service, or of the same classification, and agrees that
during the life of this contract the Government shall continue to be billed at
the lowest available rate for similar conditions of service.
2. RATES AND CHARGES.
(a) For all service furnished under this contract to the service
locations, the Government shall pay the Contractor at the rates specified in
the Water Service Specifications, attached hereto and made a part of this
contract.
(b) For purposes of charges under this paragraph 2, any demands due to
faulty operation of , or to excessive or fluctuating pressure on, the
Contractor's system shall not be included as part of the Government's demand.
3. CHANGE OF RATES.
(a) At the request of either party to this contract with reasonable
cause, the rates set forth herein shall be renegotiated and the new rates
shall become effective as mutually agreed - provided that any rates so
negotiated shall not be in excess of rates to any other customer of the
Contractor under similar conditions of service.
(b) No increase shall be requested in the contract rate unless the
Contractor has placed into effect a general rate increase to all of his
customers under similar conditions of service. If the Contractor has placed
into effect a general rate decrease, a corresponding decrease in the contract
rate shall be made.
(c) In the event the Contractor, during the term of this contract,
shall make effective any new or amended rate schedule, not incorporated herein
directly or indirectly, applicable to any like condition of service furnished
under this contract, which contains a lower rate or conditions more favorable
to the Government, the Contractor shall forward to the Contracting Officer a
copy of the new or amended rate schedule within fifteen days after the
effective date thereof, and upon receipt of written request from the
Government shall substitute the new or amended rate schedule for the rate
schedule then in effect under this contract, commencing with the billing
period in which the written request is received.
j • • ` •
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -84 -C -0008
4. CHANGE IN VOLUME OR CHARACTER OF SERVICE.
(a) The Contracting Officer shall give reasonable notice to the
Contractor respecting any material changes anticipated in the volume or
characteristics of the utility service required.
(b) In the event of a permanent change in the class of service
furnished the Government under this contract, service shall, effective sixty
days after written request is made by either party or at such other time as
may be agreed upon, be furnished at the lowest available rate schedule of the
contractor which is applicable to the class of service furnished following the
permanent change.
5. CONTINUITY OF SERVICE AND CONSUMPTION.
(a) The Contractor shall use reasonable diligence to provide a regular
and uninterrupted supply of service at the service location, but shall not be
liable to the Government for damages, breach of contract, or otherwise, for
failure, suspension, diminution, or other variations of service occasioned by
any cause beyond the control and without the fault or negligence of the
Contractor. Such causes may include, but are not restricted to, acts of God
or of the public enemy, acts of the Government in either its sovereign or
contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, or failure or breakdown of transmission or other facilities;
provided, that when any failure, suspension, diminution, or variation of
service shall aggregate more than ten hours during any billing period
hereunder, an equitable adjustment shall be made in the monthly rates
specified in this contract (including the minimum monthly charge).
(b) In the event the Government is unable to operate the service
location in whole or in part for any cause beyond its control and without its
fault or negligence, including but not limited to acts of God or of the public
enemy, fires, floods, epidemics, quarantine restrictions, or strikes, an
equitable adjustment shall be made in the monthly rates specified in this
contract (including the minimum monthly charge) if the period during which the
Government is unable to operate the service location in whole or in part shall
exceed fifteen (15) days during any billing period hereunder.
• •
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -84 -C -0008
6. FACILITIES.
(a) The Contractor, at his expense, shall furnish, install, operate,
and maintain all facilities required to furnish service hereunder except that
the Government will furnish and install the water meter for Item 3, according
to City of Seal Beach requirements and standards. Title to all of these
facilities shall rest and remain in the Contractor and he shall be responsible
for all loss of or damage to those facilities except that arising out of the
fault or negligence of the Government, its agents or its employees. All taxes
and other charges in connection therewith, together will all liability arising
out of the negligence of the Contractor in the construction, operation, or
maintenance of these facilities shall be assumed by the Contractor.
(b) The Government hereby grants to the Contractor, free of any rental
or similar charge, but subject to the limitations specified in this contract,
a revocable permit to enter the service location for any proper purpose under
this contract, including use of the site or sites agreed upon by the parties
hereto for the installation, operation, and maintenance of the facilities of
the Contractor required to be located upon Government premises. Authorized
representatives of the Contractor will be allowed access to the facilities of
the Contractor at suitable times to perform the obligations of the Contractor
with respect to these facilities. It is expressly understood that the
Government may limit or restrict the right of access herein granted in any
manner considered to be necessary for the national security.
(c) The facilities shall be removed and Government premises
restored to their original condition, ordinary wear and tear excepted, by the
Contractor at his expense within a reasonable time after the Government shall
revoke the permit herein granted and in any event within a reasonable time
after termination of this contract, provided, that in the event of termination
due to fault of the Contractor these facilities may be retained in place at
the option of the Government until service comparable to that provided for
hereunder is obtained elsewhere.
7. CONFLICTS.
To the extent of any inconsistency between the provisions of this
contract, and the provisions of any schedule, rider, or exhibit incorporated
in this contract by reference or otherwise, the provisions of this contract
shall control.
,
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -84 -C -0008
8. MULTIPLE SERVICE LOCATIONS.
(a) By written order, the Contracting Officer may at any time designate
any service location within the service area of the Contractor at which
service shall be furnished or discontinued thereunder, and the contract shall
be modified in writing accordingly by adding to or deleting from the service
specifications the name and location of the appropriate service location, by
specifying a different rate, if applicable, the appropriate point of delivery,
different service specifications if applicable, and any other appropriate
terms and conditions.
(b) The minimum bimonthly charge specified in this contract shall be
prorated for the billing period in which commencement or discontinuance of
service at any service location designated under the service specifications
shall be come effective.
9. SUPERSEDED CONTRACTS.
The Contractor and the Government mutually agree, upon commencement of
services under this contract, that Contracts Number N62474 -70 -M -1612 dated 5
Feb 70 and N62474 -74 -M -7240 dated 15 Mar 73 as amended, which have provided
the Government similar services, are hereby superseded, and terminated without
penalty to either party. The Contractor further agrees to unconditionally
waive any claim against the Government by reason of such termination, except
for service billings due or to become due.
10. ADDITIONAL GENERAL PROVISIONS (UTILITY SERVICE CONTRACT).
The attached ''Additional General Provisions Utility Service
Contract" are hereby incorporated into this contract
• 411 411
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -84 -C -0008
ITEM 1
WATER SERVICE SPECIFICATIONS
1. SPECIFIC PREMISES TO BE SERVED:
Naval Weapons Station
Seal Beach, California
2. ESTIMATED SERVICE:
Estimated Annual Consumption: 10,000 gallons
(Government is in no way obligated to use nor is it restricted to the above
estimate.)
3. POINT OF DELIVERY: The point of delivery of water shall be where the
outlet of the meter connects to the Contractor's 18 inch water main in
Westminister Avenue, 1.5 miles East of Seal Beach Boulevard.
4. DESCRIPTION OF WATER SERVICE: Service is for an auxiliary system. The
Contractor shall have continuously available at the point of delivery at a
nominal static pressure of 50 pounds per square inch gauge, the capacity to
supply, in accordance with good engineering practice, the estimated service.
5. QUALITY OF WATER: The Contractor shall supply clear, potable water safe
for human consumption in accordance with standards adopted by the United
States Public Health Service for drinking and culinary water supplied by
common carriers in interstate commerce and such revisions thereof as may be
made from time to time.
6. METERING: Water shall be measured by two 6" meters which will be owned,
operated, and maintained by the Contractor. Billing shall be in accordance
with the City of Seal Beach rate schedule.
7. RATES: City of Seal Beach Rate Schedule:
$10.50 min charge (bimonthly)
75¢ per 100 CCF after first 1400 CCF (bimonthly)
. •
ATTACHED TO AND MADE A PART OF
CONTRACT N62474 -84 -C -0008
ITEM 2
WATER SERVICE SPECIFICATIONS
1. SPECIFIC PREMISES TO BE SERVED:
Naval Weapons Station
Seal Beach, California
2. ESTIMATED SERVICE:
Estimated annual consumption: as needed to meet emergencies.
(Government is in no way obligated to use nor is it restricted to the above
estimate.)
3. POINT OF DELIVERY: The point of delivery of water shall be where the
outlet of the meter connects to the Contractor's 12 inch water main in Seal
Beach Blvd, South of Westminister Avenue, 586 feet North of Centerline of Road
C.
4. DESCRIPTION OF WATER SERVICE: Service is for an auxiliary system. The
Contractor shall have continuously available at the point of delivery at a
nominal static pressure of 50 pounds per square inch gauge, the capacity to
supply, in accordance with good engineering practice, the estimated service.
5. QUALITY OF WATER: The Contractor shall supply clear, potable water safe
for human consumption in accordance with standards adopted by the United
States Public Health Service for drinking and culinary water supplied by
common carriers in interstate commerce and such revisions thereof as may be
made from time to time.
6. METERING: Water shall be measured by two 4" meters which will be owned,
operated, and maintained by the Contractor. Billing shall be in accordance
with the City of Seal Beach rate schedule.
7. RATES: City of Seal Beach Rate Schedule:
$10.50 minimum charge (bimontly)
75¢ per 100 CCF after first 1400 CCF (bimonthly)
ATTACHED TO AND MADE A PART OF
CONTRACT MODIFICATION N62474 -84 -C -0008
ITEM 3
WATER SERVICE SPECIFICATIONS
1. SPECIFIC PREMISES TO BE SERVED: 200 Family Housing Units
Naval Weapons Station
Seal Beach, California
2. ESTIMATED SERVICE:
Estimated maximum demand: domestic - 520 GPM
fire protection - 1000 GPM
Estimated annual consumption: 27,400,000 gallons
(Government is in no way obligated to use nor is it restricted to the above
estimate.)
3. POINT OF DELIVERY: The point of delivery of water shall be where the
outlet of the meter connected to the Contractor's 14 inch water main in Bolsa
Avenue connects to the Government's 6 inch service line.
4. DESCRIPTION OF WATER SERVICE: The Contractor shall have continuously
available at the point of delivery at a nominal static pressure of 62 pounds
per square inch gauge, the capacity to supply, in accordance with good
engineering practice, the estimated maximum demands listed above.
5. QUALITY OF WATER: The Contractor shall supply clear, potable water safe
for human consumption in accordance with standards adopted by the United
States Public Health Service for drinking and culinary water supplied by
common carriers in interstate commerce and such revisions thereof as may be
made from time to time.
6. METERING: Water shall be measured by one master meter which will be
owned, operated, and maintained by the Contractor. Billing shall be in
accordance with the City of Seal Beach rate schedule.
7. RATES: City of Seal Beach Rate Schedule:
$10.50 minimum charge (bimonthly)
75¢ per 100 CCF after first 1400 CCF (bimonthly)
. 111 111
/ ATTACHED TO AND MADE A PART OF
CONTRACT N62474-.,,g'
0047W
APRIL 1984
GENERAL PROVISIONS
(UTILITY SERVICE CONTRACT)
(Provisions 1 through 21 are those prescribed by the General Service
Administration, as amended pursuant to the latest revisions of the Federal
Acquisition Regulation (FAR)).
TABLE OF CONTENTS
1. DEFINITIONS (APR 1984) 1
2. COVENANT AGAINST CONTINGENT FEES (APR 1984) 1
3. CONFLICTS (APR 1984) 2
4. ASSIGNMENT OF CLAIMS (APR 1984) 2
5. DISPUTES (APR 1984) 2
6. OFFICIALS NOT TO BENEFIT (APR 1984) 4
7. SECURITY REQUIREMENTS (APR 1984). . . . . . . . . . . . . . . . . . 4
8. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (APR 1984) 4
9. GRATUITIES (APR 1984) . . . . . . . . .
. . . . . . . . 5
10. BUY AMERICAN ACT - SUPPLIES, BALANCE OF PAYMENTS PROGRAM
AND THE BUY AMERICAN ACT - TRADE AGREEMENTS ACT - BALANCE OF
PAYMENTS PROGRAM (APR 1984) 6
11. CONVICT LABOR (APR 1984). . . . . . . . . . . . . . . . . . . . 8
12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME
COMPENSATION GENERAL (APR 1984) 8
13. EQUAL OPPORTUNITY (APR 1984) 9
14. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA
VETERANS (APR 1984) . . . . . . . . . . . . . . . . . . . . . . .11
15. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR 1984) 14
16. CLEAN AIR AND WATER (APR 1984). . . . . . . . . . . 15
17. FEDERAL, STATE, AND LOCAL TAXES (NONCOMPETITIVE CONTRACT) (APR 1984) 17
18. AUDIT - NEGOTIATION (APR 1984) 18
19. INTEREST (APR 1984) . . . . . . . . . . . . . . . . . . . . 20
20. UTILIZATION OF WOMEN -OWNED SMALL BUSINESS (APR 1984) 20
21. PRICE REDUCTION FOR DEFECTIVE COST OF PRICING DATA (APR 1984) . . . 21
•
•
• 0 APRIL 1984
GENERAL PROVISIONS
(UTILITY SERVICE CONTRACT)
1. DEFINITIONS. (APR 1984)
(a) "Head of the agency" (also called "agency head ") or "Secretary"
means the Secretary (or Attorney General, Administrator, Governor,
Chairperson, or other chief official as appropriate) of the agency,
including any.deputy or assistant chief official of the agency, and, in
the Department of Defense, the Under Secretary and any Assistant Secretary
of the Departments of the Army, Navy, and Air Force and the Director and
Deputy Director of Defense agencies; and the term "authorized
representative" means any person, persons, or board (other than the
Contracting Officer) authorized to act for the head of the agency or
Secretary.
(b) "Contracting Officer" means a person with authority to enter into,
administer, and/or terminate contracts and make related.determinations and
findings. The term includes certain authorized representatives of the
Contracting Officer acting within the limits of their authority as
delegated by the Contracting Officer.
(c) Except as otherwise provided in this contract, the term
"subcontracts" includes, but is not limited to, purchase orders and
changes and modifications to purchase orders under this contract.
(FAR 52.202 -1)
2. COVENANT AGAINST CONTINGENT FEES. (APR 1984)
(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, in its
discretion, 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.
-1-
•
•
"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 r 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. (FAR 52.203 -5)
3. CONFLICTS. (APR 1984)
To the extent of any inconsistency between the terms of this contract,
and any schedule, rider, or exhibit incorporated in this contract by
reference or otherwise, or any of the Contractor's rules and regulations,
the terms of this contract shall control. (FAR 52.208 -4)
4. ASSIGNMENT OF CLAIMS. (APR 1984)
(a) The Contractor, under the Assignment of Claims Act, as amended
31 U.S.C. 203, 41 U.S.C. 15 (hereafter referred to as the "the Act "), may
assign its rights to be paid amounts due or to become due as a result of
the performance of this contract to a bank, trust company, or other
financing institution, including any Federal lending agency. The assignee
under such an assignment may thereafter furnish assign or reassign its
right under the original assignment to any type of financing institution
described in the preceding sentence. Unless otherwise stated in this
contract, payments to an assignee of any amounts due or to become.due
under this contract shall not, to the extent specified in the Act, be
subject to reduction or setoff. (FAR 52.232 -23)
(b) Any assignment or reassignment authorized under the Act and this
clause shall cover all unpaid amounts payable under this contract, and
shall not be made to more than one party, except that an assignment or
reassignment may be made to one party as agent or trustee for two or more
parties participating in the financing of this contract.
(c) The Contractor shall not furnish or disclose to any assignee under
this contract any classified.document (including this contract) or
information related to work under this contract until the Contracting
Officer authorizes such action in writing.
5. DISPUTES. (APR 1984)
(a) This contract is subject to the Contract Disputes Act of 1978 (41
U.S.C. 601- 613)(the Act).
(b) Except as provided in the Act, all disputes arising under or
relating to this contract shall be resolved under this clause.
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(c) "Claim ", liked in this clause, means a written.demand or written
assertion by one of the contracting parties seeking, as a matter of right,
the payment of money in a sum certain, the adjustment or interpretation of
contract terms, or other relief arising under or relating to this
contract. A claim arising under a contract, unlike a claim relating to
that contract, is a claim that can be resolved under a contract clause
that provides for the relief sought by the claimant. However, a written
.demand or written assertion by the Contractor seekin g the
exceeding $50,000 is not a claim under the Act until certif ed as required
by subparagraph (d)(2) below. A voucher, invoice, or other routine
request for a payment that is not in.dispute when submitted is not a claim
under the Act. The submission may be converted to a claim under the Act,
by complying with the submission and certification requirements of this
clause, if it is disrupted either as to liability or amount or is not
acted upon in a reasonable time.
(d)(1) A claim by the Contractor shall be made in writing and
submitted to the Contracting Officer for a written decision. A claim by
the Government against the Contractor shall be subject to a written
decision by the Contracting Officer.
(2) For Contractor claims exceeding $50,000, the Contractor shall
submit with the claim a certification that -
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to the best of
the Contractor's knowledge and belief; and
(iii) The amount requested accurately reflects the contract
adjustment for which the Contractor believes the Government is
liable.
(3) (i) If the Contractor is an individual, the certification
shall be executed by that individual.
(ii) If the Contractor is not an individual, the certification
shall be executed by-
(A) A senior company official in charge at the
Contractor's plant or location involved; or
(B) An officer or general partner of the Contractor
having overall responsibility for the conduct of the
Contractor's affairs.
(e) For Contractor claims of $50,000 or less, the Contracting Officer
must, if requested in writing by the Contractor, render a. decision within
60 days of the request. For Contractor- certified claims over $50,000, the
Contracting Officer must, within 50 days,.decide the claim or notify the
Contractor of the date by which the.decision will be made. -
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(f) The Contracting Officer's.decision shall benal unless th e -
Contractor appeals or files a suit as provided in the Act.
(g) The Government shall pay interest on the amount found.due and
unpaid from (1) the date the Contracting Officer receives the claim
(properly certified if required), or (2) the.date payment otherwise would
be due, if that date is later, until the date of payment. Simple interest
on claims shall be paid at the rate, fixed by the Secretary of the
Treasury as provided in the Act, which is applicable for each 6 -month
period as fixed by the Treasury Secretary.during the pendency of the claim.
(h) The Contractor shall proceed.diligently with performance of this
contract, pending final resolution of any result for relief, claim, appeal, or
action arising under or relating to the contract, and comply with any decision
of the Contracting Officer. (FAR 52.233 -1)
6. OFFICIALS NOT TO BENEFIT. (APR 1984)
NC member of or.delegate to Congress, or resident cohmissioner, shall be
admitted to any share or part of this contract, or to any benefit arising from
it. However, this clause does not apply to this contract to the extent that
this contract is made with a corporation for the corporation's general
benefit. (FAR 52.203.1)
7. SECURITY REQUIREMENTS. (APR 1984)
(a) This clause applies to the extent that this contract involves
access to information classified "Confidential ", "Secret ", or "Top Secret ".
(b) The Contractor shall comply with (1) the Security Agreement (DD
Form 441), including the Department of Defense Industrial Security Manual
for Safeguarding Classified Information (DOD 5220.22 -M), and (2) any
revisions to that manual, notice of which has been furnished to the
Contractor.
(c) If, subsequent to the date of this contract, the security
classification or security requirements under the contract are changed by
the Government and if the changes cause an increase or decrease in
security costs or otherwise affect any other term or condition of this
contract, the contract shall be subject to an equitable adjustment as if
the changes were directed under the Changes clause of this contract.
(d) The Contractor agrees to insert terms that conform substantially to
the language of this clause, including this paragraph (d) but excluding
any reference to the Changes clause of this contract, in all subcontracts
under this contract that involve access to classified information.
(FAR 52.204 -2)
8.'EXAMINATION OF RECORDS BY COMPTROLLER GENERAL. (APR 1984)
(a) This clause applies if the contract exceeds $10,000 and was entered
into by negotiation. -
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(b) The Comptroller General of the United States or a.duly authorized
' representative from the General Accounting Office shall, until 3 years
after final payment under this contract or for any shorter period
specified in (FAR) Subpart 4.7, Contractor Records Retention, have access
to and the right to examine any of the Contractor's.directly pertinent
books, documents, papers, or other records involving transactions related
to this contract.
(c) The Contractor agrees to include in first -tier subcontracts under
this contract a clause to the effect that the Comptroller General or a
duly authorized representative from the General Accounting Office shall,
until 3 years after final payment under the subcontract or for any shorter
period specified in FAR Subpart 4.7, have access to and the right to
examine any of the subcontractor's directly pertinent books, documents,
papers, or other records involving transactions related to the subcontract.
"Subcontract ", as used in this clause, excludes (1) purchase orders not'
exceeding $10,000 and (2) subcontracts or purchase orders for public
utility services at rates established to apply uniformly to the public,
plus any applicable reasonable connection charge.
(d) The periods of access and examination in paragraphs (b) and (c)
above for records relating to (1) appeals under the Disputes clause, (2)
litigation or settlement of claims arising from the performance of this
contract, or (3) costs and expenses of this contract to which the
Comptroller General or a duly authorized representative from the General
Accounting Office has taken exception shall continue until such appeals,
litigation, claims, or exceptions are disposed of. (FAR 52.215 -1)
9. GRATUITIES. (APR 1984)
(a) The right of the Contractor to proceed may be terminated by written
notice if, after notice and hearing, the agency head or.designee
determines that the Contractor, its agent, or another representative -
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to
an officer, official, or employee of the Government; and
(2) Intended, by the gratuity, to obtain a contract or favorable
treatment under a contract.
(b) The facts supporting this determination may be reviewed by any
court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) above, the
Government is entitled -
(1) To pursue the same remedies as in a breach of the contract, and
(2) In addition to any other.damages provided by law, to exemplary
• damages of not less than 3 nor more than 10 times the cost incurred by
the Contractor in giving gratuities to the person concerned, as
determined by the agency head or a designee.
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(d) The rights and remedies of the Government provided in this clause • -
shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this contract. (FAR 52.203 -3)
10. BUY AMERICAN ACT - SUPPLIES. (APR 1984)
(a) The Buy American Act (41 U.S.C. 10) provides that the Government
give preference to.domestic end products.
"Components ", as used in this clause, means those articles, materials
and supplies incorporated.directly into the end products.
"Domestic end product ", as used in this clause, means (1) an
unmanufactured end product mined or produced in the United States, or (2)
an end product manufactured in the United States, if the cost of its
components mined, produced, or manufactured in the United States exceeds
50 percent of the cost of all its components. Components of foreign
origin of the same class or kind as the products ref to in
subparagraphs (b)(2) or (3) of this clause shall be ,.reated as domestic.
Scrap generated, collected, and prepared for processing the United States
is considered domestic.
"End products ", as used in this clause, means those articles,
materials, and supplies to be acquired for public use under this contract.
(b) The Contractor shall deliver only.domestic end products, except
those -
(1) For use outside the United States;
(2) That the Government determines are not mined, produced, or
manufactured in the United States is sufficient and reasonably
available commercial quantities of a satisfactory quality;
(3) For which the agency determines that domestic preference would
be inconsistent with the public interest; or
(4) For which the agency determines the cost to be unreasonable.
(The foregoing requirements are administered in accordance with
Executive Order No. 10582, dated December 17, 1954, as amended, and
Subpart 25.1 of the FAR.) (FAR 52.225 -3)
BALANCE OF PAYMENTS PROGRAM. (APR 1984)
(a) This clause implements the Balance of Payments Program by providing
a preference for domestic end products or services over foreign end
products or services.
"Components ", as used in this clause, means those articles,
materials, and supplies directly incorporated into the end products.
"Domestic end product ", as used in this clause, means -
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(1) An unmanufactured end product mined or produced in the United
States; or
• (2) An end product manufactured in the United States, if the.cost
of its components mined, produced, or manufactured in the United States
exceeds 50 percent of the cost of all its components. Components of
foreign origin of the same class or kind as those that the agency
.determines are not mined, produced, or manufactured in the United
States in sufficient reasonably available commercial quantities of a
satisfactory quality shall be treated as domestic. Components of
unknown origin shall be considered foreign. Scrap generated,
collected, and prepared for processing in the United States is
considered domestic.
"Domestic services ", as used in this clause, means services performed
in the United States. If services provided under a single contract are
performed both in and outside the United States, they shall be considered
domestic if 25 percent or less of their total cost is attributable to
services (including incidental supplies used in connection with these
services) performed outside the United States.
"End product ", as used in this clause, means a product other than a
domestic end product.
(b) The contractor agrees that there will be.delivered under this
contract only.domestic end products or services unless, in its offer, it
specified.delivery of foreign end products or services on the provision
entitled "Balance of Payments Program Certificate." An offer based on
supplying a foreign end product or service, if accepted, will permit the
contractor to supply a product or service without regard to the
requirements of this clause.
(c) Offers will be evaluated in accordance with paragraph 25.303(b) of
the FAR. (FAR 52.225 -7)
BUY AMERICAN ACT -TRADE AGREEMENTS ACT - BALANCE OF PAYMENTS PROGRAM. (APR 1984)
(a) This clause implements the Buy American Act (41 U.S.C. 10), the
Trade Agreements Act of 1979 (19 U.S.C. 2501 - 2582), and the Balance of
Payments Program by providing a preference for.domestic end products over
foreign end products, except for certain foreign end products which meet
the requirements for classification as.designated country end products.
"Components ", as used in this clause, means those articles, materials
and supplies incorporated directly into the end products.
"Designated country end product ", as used in this clause, means an
article that (1) is wholly the growth, product, or manufacture of the
designated country (as defined in section 25.401 of the FAR), or (2) in
the case of an article which consists in whole or in part of materials
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from another country or instrumentality, has been substantially •-
transformed into a new and .different article of commerce with a name,
character, or use distinct from that of the article or articles from which
it was so transformed. The term includes services (except transportation
services) incidental to its supply, provided that the value of those
incidental services does not exceed that of the product itself. It.does
not include service contracts as such.
"Domestic end product ", as used in this clause, means (1) an
unmanufactured end product mined or produced in the United States, or (2)
an end product manufactured in the United States, if the cost of its
components mined, produced, or manufactured in the United States exceeds
50 percent of the cost of all its components. A component shall also be
considered to have been mined, produced, or manufactured in the United
States (regardless of its source in fact) if the end product in which it
is incorporated is manufactured in the United States and the component is
of a class or kind (i).determined by the Government to be not mined,
)roduced, or manufactured in the United States is s•cficient and
reasonably available commercial quantities of a satisfactory quality, or
(ii) to which the agency head concerned has determined that it would be
inconsistent with the public interest to apply the restrictions of the Buy
American Act.
"End products ", as used in this clause, means those articles,
materials, and supplies to be acquired under this contract for public use.
"Foreign end product ", as used in this clause, means an end product
other than a.domestic end product.
(b) The Contractor agrees to deliver under this contract only domestic
end products unless, in its offer, it specifies.delivery of foreign end
products in the provision entitled "Buy American Act - Balance of Payments
Program Certificate." An officer certifying that a. designated country end
product will be supplied requires the contractor to supply a. designated
country end product or, at the contractor's option, a.domestic end
product. Contractor's may not supply an end product with a total value of
$196,000 or more from a country listed at paragraph 25.402(b) of the FAR.
(c) Offers will be evaluated in accordance with the policies and
procedures of Part 25 of the FAR. (FAR 52.225 - 9)
11. CONVICT LABOR. (APR 1984)
The Contractor agrees not to employ any person undergoing sentence of
imprisonment in performing this contract except as provided by 18 U.S.C.
4082(c)(2) and Executive Order 11755, December 29, 1973. (FAR 52.222 - 3)
12. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION -
GENERAL. (APR 1984)
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This contract to the extent that it is of a character specified in the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 222)(the Act), is
subject to the following terms and all other applicable provisions and
exceptions of the Act and the regulations of the Secretary of Labor.
(a) Overtime requirements. A Contractor or subcontractor shall not
require or permit any laborer or mechanic to work in excess of 8 hours in
any calendar day, or 40 hours in any workweek, on any part of the contract
work subject to the Act; unless, the laborer or mechanic receives
compensation at a rate not less than 1 1/2 times the basic rate of pay for
all hours worked in excess of 8 hours in any calendar day, or 40 hours in
any work week, whichever produces the greater amount of overtime.
(b) Violation, liability for unpaid wages, and liquidated damages. If
the terms of paragraph (a) above are violated, the Contractor and any
subcontractor responsible for the violation shall be liable to any
affected employee for unpaid wages. In addition, the Contractor and
subcontractor shall be liable to the United States for liquidated
damages. These.damages are computed for each individual laborer or
mechanic at $10 for each calendar.day on which the employee was required
or permitted to be employed in violation of paragraph (a) above.
(c) Withholding for unpaid wages and liquidated damages. The
Contracting Officer may withhold from the Contractor, from any moneys
payable on account of work performed by the Contractor or subcontractor,
such amounts as may administratively be determined to be necessary to
satisfy any liabilities of the Contractor or subcontractor for unpaid
wages and liquidated damages as provided in paragraph (b) above.
(d) Subcontracts. The Contractor and subcontractor shall insert
paragraphs (a) through (d) of this clause in all subcontracts.
(e) Records. The Contractor shall maintain payroll records containing
the information specified in 29 CFR 516.2(a). These records shall be
preserved for 3 years from contract completion. The contractor will make
the records available for inspection by authorized representatives of the
Department of Defense and the Department of Labor, and will permit such
representatives to interview employees during working hours on the job.
(FAR 52.222 -4)
13. EQUAL OPPORTUNITY. (APR 1984)
(a) If, during any 12 -month period (including the 12 months preceding
the award of this contract), the Contractor has been or is awarded
nonexempt Federal contracts and /or subcontracts that have an aggregate
value in excess of $10,000, the Contractor shall comply with subparagraphs
(b)(1) through (11) below. Upon request, the Contractor shall provide
information necessary to determine the applicability of this clause.
(b) During performing this contract, the Contractor agrees as follows:
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(1) The Contractor shall not - discriminate against any employee or •-
applicant for employment because of race, color, religion, sex or
national origin.
(2) The Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or
employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v)
recruitment or recruitment advertising, (vi) layoff or termination,
(vii) rates of pay or other forms of compensation, and (viii) selection
for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to
employees and applicants for employment the notices to be provided by
the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisement for
employees placed by or on behalf of the Contract state that all
qualified applicants will receive consideration tur employment without
regard to race, color, religion, sex, or national origin.
(5) The Contractor shall send, to each labor union or
representative of workers with which it has a collective bargaining
agreement or other contract or understanding, the notice to be provided
by the Contracting Officer advising the labor union or workers'
representative of the Contractor's commitments under this clause, and
post copies of the notice in conspicuous places available to employees
and applicants for employment.
(6) The Contractor shall comply with Executive Order 11246, as
amended, and the rules, regulations, and orders of the Secretary of
Labor.
(7) The Contractor shall furnish to the contracting agency all
information required by Executive Order 11246, as amended, and by the
rules, regulations, and orders of the Secretary of Labor. Standard
Form 100 (EEO -1), or any successor form, is the prescribed form to be
filed within 30 days following the award, unless filed within 12 months
preceding the date of award.
(8) The Contractor shall permit access to its books, records, and
accounts by the contracting agency or the Office of Federal Contract
Compliance Programs (OFCCP) for the purposes of investigation to
ascertain the Contractor's compliance with the applicable rules,
regulations, and orders.
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(9) If the OFCCP.determines that the Contractor is not in
compliance with this clause or any rule, regulation, or order of the
Secretary of Labor, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared
ineligible for further Government contracts, under the procedures
authorized in Executive Order 11246, as amended. In addition,
_ sanctions may be imposed and remedies invoked against the Contractor as
provided in Executive Order 11246, as amended, the rules, regulations
and orders of the Secretary of Labor, or as otherwise provided by law.
(10) The Contractor shall include the terms and conditions of
subparagraph (b)(1) through (11) of this clause in every subcontract or
purchase order that is not exempted by the rules, regulations, or
orders of the Secretary of Labor issued under Executive Order 11246, as
amended, so that these terms and conditions will be binding upon each
subcontractor or vendor.
(11) The Contractor shall take such action with respect to any
subcontract or purchase order as the contracting agency may direct as a
means of enforcing these terms and conditions, including sanctions for
noncompliance; provided, that if the Contractor becomes involved in, or
is threatened with, litigation with a subcontractor or vendor as a
result of any.direction, the Contractor may request the United States
to enter into the litigation to protect the interests of the United
States.
(c) Notwithstanding any other clause in this contract, disputes
relative to this clause will be governed by the procedures in 41 CFR
60 -1.1. (FAR 52.222 -26)
14. AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS.
(APR 1984)
(a) Definitions.
"Appropriate office of the State employment service system ", as used in
this clause, means the local office of the Federal -State national system
of public employment offices assigned to serve the area where the
employment opening is to be filled, including the District of Colombia,
Guam, Puerto Rico, Virgin Islands, American Samoa, and the Trust Territory
of the Pacific Islands.
"Openings that the Contractor proposes to fill from within its own
organization ", as used in this clause, means employment openings for which
no one outside the Contractor's organization (including any affiliates,
subsidiaries, and the parent companies) will be considered and includes
any openings that the Contractor proposes to fill from regularly
established "recall" lists.
"Openings that the Contractor proposes to fill under a customary and
traditional employer -union hiring arrangement ", as used in this clause,
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means employment openings that the Contractor proposes to fill from union
p neon .
halls, under their customary and traditional employer -union hiring
•
relationship.
"Suitable employment openings ", as used in this clause
(1) Includes, but is not limited to, openings that occur in jobs
categorized as-
(i) Production and nonproduction;
(ii) Plant and office;
(iii) Laborers and mechanics;
(iv) Supervisory and nonsupervisory;
(v) Technical; and
(vi) Executive, administrative, and professional positions
compensated on a salary basis of less than $25,000 a year; and
(2) Includes full -time employment, temporary employment of over 3
days, and part -time employment, but not openings that the Contractor
proposes to fill from within its own organization or under a customary
and traditional employer -union hiring arrangement, nor openings in an
educational institution that are restricted to students of that
institution.
(b) General.
(1) Regarding any position for which the employee or applicant for
employment is qualified, the Contractor shall not.discriminate against
the individual because the individual is a special disabled or Vietnam
Era veteran. The Contractor agrees to take affirmative action to
employ, advance in employment, and otherwise treat qualified special
disabled and Vietnam Era veterans' status in all employment practices
such as-
(i) Employment;
(ii) Upgrading;
(iii) Demotion or transfer;
(iv) Recruitment;
(v) Advertising;
(vi) Layoff or termination;
•
(vii) Rates of pay or other forms of compensation; and
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• • •
• (viii) Selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations,
and relevant orders of the Secretary of Labor (Secretary) issued under
the Vietnam Era Veterans' Readjustment Assistance Act of 1982 (the
Act), as amended.
(c) Listing openings.
(1) The Contractor agrees to list all suitable employment openings
existing at contract award or occurring during contract performance, at
an appropriate office of the State employment service system in the
locality where the opening occurs. These openings include those
occurring at any Contractor facility, including one not connected with
performing this contract. An independent corporate affiliate is exempt
from this requirement.
(2) State and local government agencies holding Federal contracts
of $10,000 or more shall also list all their suitable openings with the
appropriate office of the State employment service.
(3) The listing of suitable employment openings with the State
employment service system is required at least concurrently with using
any other recruitment source or effort and involves the obligations of
placing a bona fide job order, including accepting referrals of
veterans and This listing does not require hiring any
particular job applicant or hiring from any particular group of job
applicants and is not intended to relieve the Contractor from any
requirements of Executive orders or regulations concerning
nondiscrimination in employment.
(4) Whenever the Contractor becomes contractually bound to the
listing terms of this clause, it shall advise the State employment
service system, in each State where it has establishments, of the name
and location of each hiring location in the State. As long as the
Contractor is contractually bound to these terms and has so advised the
State system, it need not advise the State system of subsequent
contracts. The Contractor may advise the State system when it is no
longer bound by this contract clause.
(5) Under the most compelling circumstances, an employment opening
may not be suitable for listing, including situations when (i) the
Government's needs cannot reasonably be supplied, (ii) listing would be
contrary to national security, or (iii) the requirement of listing
would not be in the Government's interest.
(d) Applicability.
(1) This clause does not apply to the listing of employment
openings which occur and are filled outside the 50 states, the District
of Columbia, Puerto Rico, Guam, Virgin Islands, American Samoa, and the
Trust Territory of the Pacific Islands.
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(2) The terms of paragraph (c) above of this clause do not apply to •
openings that the Contractor proposes to fill from within its own
organization or under a customary and traditional employer -union hiring
arrangement. This exclusion does not apply to a particular opening
once an employer decides to consider applicants outside of its own
organization or employer -union arrangement for that opening.
(e) Postings.
(1) The Contractor agrees to post employment notices stating (1)
the Contractor's obligation under the law to take affirmative action to
employ advance in employment qualified special disabled veterans and
veterans of the Vietnam era, and (ii) the rights of applicants and
employees.
(2) These notices shall be posted in conspicc, is places that are
. available to employees and applicants for employment. They shall be in
a form prescribed by the Director, Office of Federal Contract
Compliance Programs, Department of Labor (Director), and provided by or
through the Contracting Officer.
(3) The Contractor shall notify each labor union or representative
of workers with which it has a collective bargaining agreement or other
contract understanding, that the Contractor is bound by the terms of
the Act, and is committed to take affirmative action to employ, and
advance in employment, qualified special disabled and Vietnam Era
veterans.
(f) Noncompliance. If the Contractor does not comply with the
requirements of this clause, appropriate actions may be taken under the
rules, regulations, and relevant orders of the Secretary issued pursuant
to the Act.
(g) Subcontracts. The Contractor shall include the terms of this
clause in every subcontractor purchase order of $10,000 or more unless
exempted by rules, regulations, or orders of the Secretary. The
Contractor shall act as specified by the Director to enforce the terms,
including action for noncompliance. (FAR 52.222 -35)
15. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS. (APR 1984)
(a) General.
(1) Regarding any position for which the employee or applicant for
employment is qualified, the Contractor shall not discriminate against
any employee or applicant because of physical or mental handicap. The
Contractor agrees to take affirmative action to employ, advance in
employment, and otherwise treat qualified handicapped individuals
without discrimination based upon their physical or mental handicap in
all employment practices such as-
(i) Employment;
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•
(ii) Upgrading;
(iii) Demotion or transfer;
(iv) Recruitment;
(v) Advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations,
and relevant orders of the Secretary of Labor (Secretary) issued under
the Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amended.
(b) Postings.
(1) The Contractor agrees to post employment notices stating (i)
the Contractor's obligation under the law to take affirmative action to
employ and advance in employment qualified handicapped individuals and
(ii) the rights of applicants and employees.
(2) These notices shall be posted in conspicuous places that are
available to employees and applicants for employment. They shall be in
a form prescribed by the Director, Office of Federal Contract
Compliance Programs, Department of Labor (Director), and provided by or
through the Contracting Officer.
(3) The Contractor shall notify each labor union or representative
of workers with which it has a collective bargaining agreement or other
contract understanding, that the Contractor is bound by the terms of
Section 503 of the Act and is committed to take affirmative action to
employ, and advance in employment, qualified physically and mentally
handicapped individuals.
(c) Noncompliance. If the Contractor.does not comply with the
requirements of this clause, appropriate actions may be taken under the
rules, regulations, and relevant orders of the Secretary issued pursuant
to the Act.
(d) Subcontracts. The Contractor shall include the terms of this
clause in every subcontract or purchase order in excess of $2,500 unless
exempted by rules, regulations, or orders of the Secretary. The
Contractor shall act as specified by the Director to enforce the terms,
including action for noncompliance. (FAR 52.222 - 36)
16. CLEAN AIR AND WATER. (APR 1984)
(a) "Air Act ", as used in this clause, means the Clean Air Act (42
U.S.C. 7401 et seq.).
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"Clean air standards ", as used in this clause, means -
(1) Any enforceable rules, regulations, guidelines, standards,
limitations, orders, controls, prohibitions, work practices, or other
requirements contained in, issued under, or otherwise adopted under the
Air Act or Executive Order 11738;
(2) An applicable implementation plan as.described in section
110(d) of the Air Act (42 U.S.C. 7410(d));
(3) An approved implementation procedure or plan under section
111(c) or section 111(d) of the Air Act (42. U.S.C. 7411(c) or (d)); or
(4) An approved implementation procedure under section 112(d) of
the Air Act (42. U.S.C. 7412(d)).
"Clean water standards ", as used in this clause, means any enforceable
limitation, control, condition, prohibition, standa ', or other
requirement promulgated under the Water Act or contained in a permit
issued to a discharger by the Environmental Protection Agency or by a
State under an approved program, as authorized by section 402 of the Water
Act (33 U.S.C. 1342), or by local government to ensure compliance with
pretreatment regulations as required by section 307 of the Water Act (33
U.S.C. 1317).
"Compliance ", as used in this clause, means compliance with -
(1) Clean air or water standards; or
(2) A schedule or plan ordered or approved by a court of competent
jurisdiction, the Environmental Protection Agency, or an air or water
pollution control agency under the requirements of the Air Act or Water
Act and related regulations.
"Facility'", as used in the clause, means any building, plant,
installation, structure, mine, vessel or other floating craft, location,
or site of operations, owned, leased, or supervised by a Contractor or
subcontractor, used in the performance of a contract, or subcontract.
When a location or site of operations includes more than one building,
plant, installation, or structure, the entire location or site shall be
deemed a facility except when the Administrator, or a designee, of the
Environmental Protection Agency,. determines that independent facilities
are located in one geographical area.
"Water Act ", as used in this clause, means Clean Water Act (33 U.S.C.
1251 et seq.).
(b) The Contractor agrees -
(1) To comply with all the requirements of section 114 of the Clean
Air Act (42 U.S.C. 7414) and section 308 of the Clean Water Act (33
U.S.C. 1318) relating to inspection, monitoring, entry, reports, and
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information, as well as other requirements specified in section 114 and
section 308 of the Air Act and the Water Act, and all regulations and
• guidelines issued to implement those acts before the award of this
contract;
(2) That no portion of the work required by this contract will be
performed in a facility listed on the Environmental Protection Agency
List of Violating Facilities on the date when this contract was awarded
unless and until the EPA eliminates the name of the facility from the
listing;
(3) To use best efforts to comply with clean air standards and
clean water standards at the facility in which the contract is being
performed; and
(4) To insert the substance of this clause into any nonexempt
subcontract, including this subparagraph (b)(4). (FAR 52.223-2)
17. FEDERAL, STATE, AND LOCAL TAXES (NONCOMPETITIVE CONTRACT). (APR 1984)
(a) "Contract date ", as used in this clause, means the effective .date
of this contract and, for any modification to this contract, the effective
date of the modification.
"A11 applicable Federal, State, and local taxes and duties ", as used in
this clause, means all taxes and.duties; in effect on the contract.date,
that the taxing authority is imposing and collecting on the transactions
or property covered by this contract.
"After-imposed tax ", as used in this clause, means any new or increased
Federal, State, or local tax or.duty, or tax that was excluded on the
contract date but whose exclusion was later revoked or amount of exemption
reduced during the contract period, other than an excepted tax, on the
transactions or property covered by this contract that the Contractor is
required to pay or bear as the result of legislative, judicial, or
administrative action taking effect after the contract date.
"After- relieved tax ", as used in this clause, means any amount of
Federal, State, or local tax or duty, other than an excepted tax, that
would otherwise have been payable on the transactions or property covered
by this contract, but which the Contrac - tor is not required to pay or bear,
or for which the Contractor obtains a refund or drawback, as a result of
legislative, judicial, or administrative action taking effect after the
contract date.
"Excepted tax ", as used in this clause, means social security or other
employment taxes, net income and franchise taxes, excess profits taxes,
capital stock taxes, transportation taxes, unemployment compensation
taxes, and property taxes. "Excepted tax" does not include gross income
taxes levied on or measured by sales or receipts from sales, property
taxes assessed on completed supplies covered by this contract or any tax
assessed on the Contractor's possession of, interest in, or use of
property, title to which is in the Government.
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(b) Unless otherwise provided in this contract, te contract price
includes all applicable Federal, State, and local taxes and.duties.
(c) The contract price shall be increased by the amount of any •
after - imposed tax, or of any tax or duty specifically excluded from the
contract price by a term or condition of this contract that the Contractor
is required to pay or bear, including any interest or penalty, if the
Contractor states in writing that the contract price does not include any
contingency for such tax and if liability for such tax interest, or
penalty was not incurred through the Contractor's fault, negligence, or
failure to follow instructions of the Contracting Officer.
(d) The contract price shall be .decreased by the amount of any
after - relieved tax. The Government shall be entitled to interest received
by the Contractor incident to a refund of taxes to the extent that such
interest was earned after the Contractor was paid by the Government for
such taxes. The Government shall be entitled to repayment of any penalty
—efunded to the Contractor to the extent that the pi ilty was paid by the
Government.
(e) The contract price shall be decreased by the amount of any Federal,
State, or local tax, other than an excepted tax, that was included in the
contract price and that the Contractor is required to pay or bear, or does
not obtain a refund of, through the Contractor's fault, negligence, or
failure to follow instructions of the Contracting Officer.
(f) No adjustment shall be made in the contract price under this clause
unless the amount of the adjustment exceeds $100.
(g) The Contractor shall promptly notify the Contracting Officer of all
matters relating to Federal, State, and local taxes and duties that
reasonably may be expected to result in either an increase or.decrease in
the contract price and shall take appropriate action as the Contracting
Officer. directs. The contract price shall be equitably adjusted to cover
the costs of action taken by the Contractor at the direction of the
Contracting Officer, including any interest, penalty, and reasonable
attorney's fees.
(h) The Government shall furnish evidence appropriate to establish
exemption from any Federal, State or local tax when (1) the Contractor
requests such exemption and states in writing, that it applies to a tax
excluded from the contract price and (2) a reasonable basis exists to
sustain the exemption. (FAR 52.229 -4)
18. AUDIT - NEGOTIATION. (APR 1984)
(a) Examination of costs. If this is a cost - reimbursement, incentive
time - and - materials, labor -hour, or price - redeterminable contract, or any
combination of these, the Contractor shall maintain - and the Contracting
Officer or representatives of the Contracting Officer shall have the right
to examine and audit - books, records, documents, and other evidence -and
accounting procedures and practices, sufficient to reflect properly all
costs claimed to have been incurred or anticipated to be incurred in
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•
performing this colloct. This right of exami nati o410hal l include
inspection at all rZisonable times of the Contractor's plants, or parts of
• them, engaged in performing the contract.
(b) Cost or pricing data. If, pursuant to law, the Contractor has been
required to submit cost or pricing data in connection with pricing this
contract or any modification to this contract, the Contracting Officer or
representatives of the Contracting Officer who are employees of the
Government shall have the right to examine and audit all books, records,
documents, and other data of the Contractor (including computations and
projections) related to negotiating, pricing, or performing the contract
or modification, in order to evaluate the accuracy, completeness, and
currency of the cost or pricing data. The right of examination shall
extend to all documents necessary to permit adequate evaluation of the
cost or pricing.data submitted, along with the computations and
projections used.
(c) Reports. If the Contractor is required to furnish cost, funding,
or performance reports, the Contracting Officer or representatives of the
Contracting Officer who are employees of the Government shall have the
right to examine and audit books, records, other documents, and supporting
materials, for the purpose of evaluating (1) the effectiveness of the
Contractor's policies and procedures to produce data compatible with the
objectives of these reports and (2) the data reported.
(d) Availability. The Contractor shall make available at its office at
all reasonable times the materials described in paragraphs (a) and (b)
above, for examination, audit, or reproduction, until 3 years after final
payment under this contract, or for any shorter - period specified in
Subpart 4.7, Contractor Records Retention, of the FAR, or for any longer
period required by statute or by other clauses of this contract. In
addition -
(1) 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; and
(2) 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 .disposed of.
(e) The Contractor shall insert a clause containing all the terms of
this clause, including this paragraph (e), in all subcontracts over
$10,000 under this contract, altering the clause only as necessary to
identify properly the contracting parties and the Contracting Officer
under the Government prime contract. (FAR 52.215 -2)
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19. INTEREST. (APR 141, '
(a) Notwithstanding any other clause of this contract, all amounts that. -
become payable by the Contractor to the Government under this contract
(net of any applicable tax credit under the Internal Revenue Code (26
U.S.C. 1481)) shall bear simple interest from the date due until paid
unless paid within 30 days of becoming due. The interest rate shall be
the interest rate established by the Secretary of the Treasury as provided
in Section 12 of the Contract Disputes Act of 1978 (Public Law 95 -563),
which is applicable to the period in which the amount becomes due, as
provided in paragraph (b) of this clause, and then at the rate applicable
for each six -month period as fixed by the Secretary until the amount is
paid.
(b) Amounts shall be.due at the earliest of the following.dates:
(1) The date fixed under this contract.
(2) The date of the first written demand for 'ayment consistent
with this contract, including any demand resulting from a default
termination.
(3) The.date the Government transmits to the Contractor a proposed
supplemental agreement to confirm completed negotiations establishing
the amount of debt.
(4) If this contract provides for revision of prices, the date of
written notice to the Contractor stating the amount of refund payable
in connection with a pricing proposal or a negotiated pricing agreement
not confirmed by contract modification.
(c) The interest charge made under this clause may be reduced under the
procedures prescribed in 32.614 -2 of the FAR in effect on the date by
contract. (FAR 52.232 -17)
20. UTILIZATION OF WOMEN -OWNED SMALL BUSINESS. (APR 1984)
(a) "Women -owned small business," as used in this clause means
businesses that are at least 51 percent owned by women who are United
States citizens and who also control and operate the business.
"Control," as used in this clause, means exercising the power to make
policy decisions.
"Operate," as used in this clause, means being actively involved in the
.day -to -day management of the business.
(b) It is the policy of the United States that women -owned small
businesses shall have the maximum practicable opportunity to participate
in the subcontracts it awards to the fullest extent consistent with the
efficient performance of its contract. (FAR 52.219 -13)
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21. PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA. (APR 1984)
(a) If any price, including profit or fee, negotiated in connection
with this contract, or any cost reimbursable under this contract, was
increased by any significant amount because (1) the Contractor or a
subcontractor furnished cost or pricing.data that were not complete,
accurate, and current as certified in its Certificate of Current Cost or
Pricing Data, (2) a subcontractor or prospective subcontractor furnished
the Contractor cost or pricing data that were not complete, accurate, and
current as certified in the Contractor's Certificate of Current Cost or
Pricing Data, or (3) any of these parties furnished data of any
description that were not accurate, the price or cost shall be reduced
accordingly and the contract shall be modified to reflect the reduction.
(b) Any reduction in the contract price under paragraph (a) above due
to defective data from a prospective subcontractor that was not
subsequently awarded the subcontract shall be limited to the amount, plus
applicable overhead and profit markup, by which (1) the actual subcontract
or (2) the actual cost to the Contractor, if there was no subcontract, was
less than the prospective subcontract cost estimate submitted by the
Contractor; provided, that the actual subcontract price was not itself
affected by defective cost or pricing.data. (FAR 52.215 -22).
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