BRIEF HISTORY AND DESCRIPTION OF FINE ARTS PROGRAM FOR FEDERAL BUILDINGS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP92G00017R000800010003-6
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 119
• Document Creation Date: December 23, 2016
• Document Release Date: January 7, 2014
• Sequence Number: 3
• Content Type: REPORT

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STAT
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1
BRIEF HISTORY AND DESCRIPTION
OF FINE ARTS PROGRAM FOR FEDERAL BUILDINGS
In purchasing art for our New Headquarters Building, we are continuing a
longstanding U.S. Government tradition of supporting living American artists
through the use of their paintings and sculptures in newly constructed federal
buildings as outlined in the Guiding Principles for Federal Architecture, the
genesis of which can be traced to a 1962 report by the President's Ad Hoc
Committee on Federal Office Space. A direct policy order was implemented in
January 1963 establishing an allowance for fine arts of one-half of one
percent of the estimated cost of construction for new federal buildings.
Accordingly, funding of our New Headquarters Building included an allocation
of up to $895,000 for this purpose.
The Agency elected to take a more conservative approach to our needs and
voluntarily reduced the amount set aside to a total of $401,000. We have
worked closely with the panel of experts associated with the General Services
Administration's (GSA) Art-In-Architecture Program for the expenditure of
these funds. This particular program allows us to apply all of the resources
to the art, whereas other options would create substantial consultant or
overhead costs.
We feel that we are completely in line with the tradition of incorporating
fine art into federal building designs and, concomitantly, in supporting
living American artists through the effort associated with our new building.
To date, we have commissioned, through GSA, Mr. James Sanborn for a work of
sculptural art in the amount of $250,000. Selection of the artist for a
second piece is in process.
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7. Chairman, f.A.C., reported on art for the new building. 'A contract has
cbeen signed with James Sanborn for d scutatureTIVe still have to approve 2
his design; no-monies will be _paid should we disapprove le.
awarded the contract for an interior design motif, has declined to accept
it, and the National Endowment for the Arts is searching for a substitute
artist.
8. Following a meeting with
the DCI regarding the tentat ve c o ce of Kinsler to paint his official
portrait.
the F.A.C. is awaiting a reply from
9. Other items: It was determined that bust of George Bush, as a
representation of a former DCI was appropriate for us to have on display,
despite some complaints of political favoritism during the campaign season;
chairman, F.A.C. will write letter to the woman who complained about the
quality of some frames on the DCI portraits.
2
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20 June 1989
MINUTES OF THE F.A.C. MEETING OF 12 JUNE 1989
1. The Fine Arts Commission meeting of 12 June 1989 was attended by:
2. The minutes of the previous meeting were accepted as presented.
3. read a letter of protest from (OSWR)
regarding the Sanborn sculpture now being installed, has drafted a
reply that outlines the approval process and authorization that occurred
related to the signing of a contract. was asked to produce
a small information board to be placed with the sculpture model in the
atrium of the New Headquarters Building.
4. In mid-May, attended an out-of-town
seminar on corporate art collections. In following up on the useful
contacts made at that seminar, is looking into
borrowing a Seagram's photograph collection (now in the custody of the
Library of Congress) of US county courthouses.
5. Pending business:
SI-AT reported that she has several books on the Washington
SI-AT Color School that she will make available for public perusal. will
also look into creating better information cards and labels for the
Color School art displayed in the entry corridors of the Old
Headquarters Building.
STAT
, after walking through the
lobby/atrium area of the New Headquarters Building, have recommended
only that a circular couch be placed on the bottom floor near the
services booths.
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...
DIVA Registry'
8 December 1988
MINUTES OF THE FINE ARTS COMMISSION MEETING OF 14 NOVEMBER 1988
The Fine Arts Commission meetin f 14 November 1988 was attended by:
was in ro uce as e I representative vice
In the first order of business, minutes from the previous meeting were
accepted.
the new head of the Federal Women's Program for the Agency,
spoke about er attempts to arrange a special exhibit in commemoration
of Women's History Month next March. She has been looking into an exhibit
of "Women Artists of the New Deal Era" that is available from the National
Museum of Women in the Artsand she passed around clippings and brochures
regarding the exhibit and the museum. The exhibit, valued at approximately
$132,000 for insurance purposes, is available for rent at something over
$2000. The museum is willing to insure the exhibit if the Agency uses an
experienced mover of artistic objects; the OEEO/FWP would bear the costs
of the rental. The FAC gave the green light to pursue the
securing of the exhibit by raising it with her council members.
asked the previous month to draft a proposal regarding
a potential artist-in-residence program, did so. The presentation of the
draft proposal provided the opportunity for FAC members to debate whether
we preferred _ an artist-in-residence whose mission was solely to create
a given number of pieces of art over a specified period or a more hybrid
officer who would create art and serve as a curator/coordinator for the
Agency's growing collection of art. raised possibility of
making the job entirely one of curating ana coorainating. The sense of the
group --each member was polled individually-- was that the artist-in-
residence prpgram, were it to be implemented, should not at this stage be
burdened by curatorial and coordination duties.
It was agreed that would offer an amended draft proposal
at the December meeting for further refinement of the concept and possible
tion on it.
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FAC Mtg/14 November 1988-page 2
An update on the work of the kiosk/bulletin board committee was not
available. This will be taken up at the December meeting.
circulated brochures on several table models available
for emplacement in the snack bars of the new building. The FAC voted for
a fiberglass model that comes in different colored laminates.
An update on the decision to mount some explanatory material on the
Melzac collection of Washington Color School art in the main lobby of
Headquarters was not available. This will be taken up at the December
meeting.
The FAC disapproved a request from OIR to mount on the 1.-ound-f1oor
wall entrance to the library large letters advertising that entrance.
The rationale was that the heavy flow of trash carts and mechanical
equipment through the GF corridor would likely damage the letters.
will follow through with a letter to OIR.
The FAC concurred in,a proposal that OL look into dealing with the
slippery quality of the polished stone corridors that lead from the
cafeteria areas into the new building, will look into
placing carpets in those areas.
The FAC disapproved a proposal from OMS to place health-related literature
in the restrooms. It was believed that such placements would create
too much clutter and that OMS had other means --such as its newsletter
nd ? own lobby area displays-- for disseminating information.
will follow through with a letter conveying the FAC decision.
It was agreed that the FAC will, in the future, look into who places
notices on the bulletin boards and who bears responsibility for their
timely removal, will look into drafting a notice for
general distribution regarding the need to keep the boards as up-to-date
and clean as possible.
Other business:
--the DCI has approved Kinsler for his official portrait.
--The Director of the Hirshhorn would like to come to see the
Washington Color School art in the lobby of Headquarters Building.
will look into arranging this.
will_preseni a maquette of his proposed sculpture
forNEA panel and.7A-0-ncy ctiii-S-ideratfah e-25-November. At the same
mati-fig, the attendees will review choices for a graphics artist
for the new_building:
The next meeting of the FAC will be at 1.100 hours on Monday, 12.December.
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8 December 1988
MINUTES OF THE FINE ARTS COMMISSION MEETING OF 29 NOVEMBER 1988
A special meeting of the Fine Arts Commission took place 29 November
1988 to review the concrete proposal offered by James Sanborn for a
sculpture for the new building and to review slides of five graphics
artists' work in support of a decision on a contract that would substi-
tute for that earlier offered Matt Mulligan.
The meeting was attended by Marilyn Farley of GSA's Art and Architecture
Group, by four members of the National Endowment for the Arts panel that
she has put together for the Agency compound project, by James Sanborn,
and the following Agency Personnel:.
FAC chairman
FAC member
FAC Member
FAC member
interior designer, OL; adviser to FAC
, Deputy Director for Admnistration
xecutive Director, CIA
xecutive Assistant, DDA
The model presented by Sanborn showed a sculpture composed primarily of
slabs of red granite, with verdigris copper plates (pierced by frequency
code alphabet tables), lodestone, and petrified wood used as secondary
materials. Sanborn proposed locating elements of the sculpture at three
sites: the walkway from the parking structure in West Lot to the new
building, the northwest corner of the courtyard formed by the two buildings,
and the eastern edge of the courtyard against the glass wall of the
cafeterias. His maquette showed the inclusion of a small whirlpool at the
second site and of a larger, still pool surrounded by miscanthus grass
at the third. The third site would, moreover, include a meterorite to
be obtained from the southwestern United States. He estimated that the
project would take 1 to 21 years to complete, noted that he was still
refining the details of the project, and asked to be allowed some flexi-
bility in that refining process.
All members of the NEA panel, as well as all Agency personnel listed above,
were enthusiastic about the proposed theme of the sculpture and Sanborn's
early ideas for its execution. A few suggestions were made: that two slabs,
vice a possible three, be used for the walkway site, and that the style and
placement of walyway lights and courtyard picnic tables might need to be
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Minutes-29 November/page 2
redesigned once the sculpture was in place.
The five artists considered for the graphics contract for the new building
were:
Charles Luce, a specialist in the use of signage and symbols,
whose work tends to be unidimensional in mode and intimate in
scale.
Terry Allen, a performance artist who specializes in installa-
tions that often have light and sound enhancements and text
that refers, on many occasions, to the Vietnam War.
Tom Green, a producer of large-scale paintings that (in the
words of this recording officer) bear a strong resemblance
to Australian aboriginal paintings.
Jonathan Burafski, who specializes in flat presentations
of world flag symbols.
Vernon Fisher, who relies heavily on narrative text in his pieces.
The NEA panel had no consensus in their rankings of the suitability of
the artists. speaking for the Agency, expressed a preference
for giving top consideration to Charles Luce and Tom Green. Because
questions were raised by NEA panel members regarding the willingness of
several of these ar ? take on a contract for the Agency, it was
agreed that would telephone each of the five, determine
that willingness, an t en --by a telephonic conference call-- get the
sense of the panel_The panel's recommendations will then be forwarded to
Chairman, FAC.
CONFIDENTIAL
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27 December 1988
MINUTES OF THE FINE ARTS COMMISSION MEETING OF 12 DECEMBER 1988
The Fine Arts Commission meeting of 12 December was attended by:
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Minutes from the previous meeting were accepted.
Furthger discussion regarding proposal-to establish an
artist-in-residence program was deferred until the January meeting
because --who are working on
drafting the relevant legal document-- were not able to attend.
had, however, sent a letter expressing her views about the program, and
read this to the group. Her major concerns dealt with
funding such a program in a period of budgetary constraints.
repopted that the Office of Security had been asked to
place security barriers (eg, concrete vehicle barriers) on the long
Approach from West Lot to- the NUB. It was agreed that the security
requirement was legitimate but that James Sanborn would be contacted for
advice on a barrier design compatible with his proposed sculpture.
reported a request asking that signs be placed outside each
restroom in the NUB saying 'Please open door slowly." suggested
that the more gebneral problem of hard-to-open doors on e new
restrooms be reviewed in the Office of Logistics. The issue of FAC
aproval for the signswas deferred.
reported on behalf of the Bulletin Board Committee. She
suggested that proper bulletin boards, covered with fabrics that match
the elevator areas of the NUB, be installed, but that bulletin boards be
kept out of the NUB atrium area. The Office of Logistics will look into
getting this done.
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reported considerable positive feedback on the White
House Christmas card display. She announced the following schedule for
upcoming exhibits:
January: Afghainstan
February: Black History Month exhibit cancelled. Afghanistan exhibit
to be extended.
March: Lithographs of Women Artists
April: Employee Photographs
May: Bill of Rights Bicentennial
reported that FBIS, in anticipation of its 50th anniversary
in early 1991, had asked to reserve the exhibit corridor for
mid-February to mid-March 1991. will advise to
contact the EEO to seek a compromise as the corridor is usually reserved
In February and March for Black History Month and Women's History Month.
also reported that had-called_ regarding_aa_exhibit_
In connection with Deaf Awareness Week. She was advised to contact the
Handicapped Program to possibly join forces.
reported that he had prepared a memorandum for the DCI,
DDCI, DDA, and Executive Officer seeking final a royal for the Sanborn
sculpture proposal. (ADDENDUM: On 19 December, briefed the
DCI and DDCI on the sculpture and won their approval for it. John
showed the FAC a color sketch that demonstrated the two courtyard
elements of the Sanborn preoposal. He also briefed the meeting on the
slides shown 29 November at a special meeting of the FAC convened to
help choose a new graphics artist for NHB.
announced that additional monies had been budgeted to cover
per diem and framing costs of the portrait of the .-DICI.to be done by
Raymond Kinstler.
plans to attend an out-of-town colloquium on corporate art
collections. He has also asked the Office of General Counsel to
determine wherther we can solicit private businesses regardihng the loan
or donation of art.
The next meeting of the FAC will be held at 1100, Monday, 9 Jasnuary.
Secretary, FA
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NEW HEADQUARTERS BUILDING SCULPTURE
AUTHORITY: GSA Art-in-Architecture program
ARTIST: James Sanborn
COST: $250,000.00
BACKGROUND: In March 1987, the New Building Project Office (NBPO)
approached the Fine Arts Commission with a request for assistance
in determining an art focus for the new structure. Up to 1/2 of
one percent of the building cost could be allocated to this
purpose and the NBPO had set aside $400,000.00. There were
several avenues that could be pursued, and in the end the
Commission, with DA approval, decided to work through the GSA
Art-in-Architecture program in order to select artists to create
works for the interior and exterior of the new facility.
Selection of five artists was made by a panel composed of two
museum officials, two local artists and the building zrchitect,
followed by a final narrowing to two by the GSA Administrator and
the Chairman of the National Endowment for the Arts. 500
portfolios were reviewed; many arrived in response to newspaper
publicity. James Sanborn was selected to create sculpture in the
courtyard and outside the West Entrance. His use of native stone
and interest in information, and the timelessness of it, appealed
to the panel and Agency personnel. Following his selection, he
presented a model of his proposed project to Commission, the
Director of Administration and the Executive Director/DCI. All
approved the project with enthusiasm.
JAMES SANBORN: The artist is a native Washingtonian who has been
a noted member of the art scene for over twenty years. He holds
an MFA from the Pratt Institute, NY and also studied arcbgeology
at Oxford University, England. He has won several awards and his
works are included in many private and public collections.
THE PROJECT: The project includes tilted quartz and granite
clusters, reminiscent of the stone outcroppings which existed at
the Agency site prior to construction. Combined with this
material are copper plates with messages in various codes and
ciphers. The artist considers all messages to be benign and aims
to present a game for viewers.
1
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James Sanborn - Notes
Native Washingtonian - noted member of the D. C. art scene for
over 20 years
MFA Pratt Institute, NYC
A year of archaeology study at Oxford
Initial creations were large concrete and steel constructions
Since 1981, constructions are fashioned from subtlety colored and
patterned sandstone
Works exude an aura of prehistory - the beginnings of the earth,
natural processes of creation
His experiences of rock climbing in the canyons of the West has
given him the sensitivity and understanding of the positioning of
rocks as they appear in nature
He carefully selects and orders multicolored rocks to create
abstract records; beautiful and striking reminders of the
magnificent and awesome processes that not only formed the
planet's terrain, but constantly recur
Simple geometric outlines of his work are really purposeful
arrangements to portray the nature and perception of another time
What began as recreations of the evidence of natural forces has
moved into the realm of metaphysical and mythical allusions
He seeks new ways to render the invisible, visible. Many sense a
silent, meditative, almost reverent atmosphere that exudes from
his works
He focuses of geometric time which preceded us and will
undoubtedly continue beyond us
Focus on magnetism and investigations of it, led to fairly arcane
areas, such as lodestones (iron ore that has become magnetized as
the result of being struck by lightning). He says, "The amazing
thing is that, with few exceptions, there was virtually no new
information since the 1600s."
"Buddhism and Shintoism celebrate the forces in nature, in the
connections between the spiritual and the natural," says
Sanborn. "They encourage awe in the face of natural forces. I'm
trying for the same sense of awe in my work" by dealing in
contrasts - raw/elegant, new/timeless, light/shadow
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December 15, 1989
Dear Agency Employees:
I am writing this letter to give you an idea of what. I am up to at
the Agency, and to explain those big tilted slabs of stone.
The stonework in the courtyard and at the entrance to the new
_building serves two functions: .
First, it creates a natural framework for the project as a
whole and is part of a landscaping scheme designed to
recall the natural stone outcroppings that existed on this
site before the Agency, and that will endure as do
mountains.
Second, the tilted strata tell a story like pages of a
document. Over the next several months, a flat copper
sheet through which letters and symbols are cut will be
Inserted between these stone "pages." This code, which
includes certain ancient ciphers, begins as International
Morse and increases in complexity as you move through
the piece at the entrance and into the courtyard. Its
placement In a geologic context reinforces the text's
*hiddennes as if it were a fossil or an image frozen in time.
An installation in the courtyard further explores this theme. On
the paved surface, supported by a petrified tree, will stand a
curved, vertical copper plate. Approximately 2000 letters of the
alphabet are cut through this plate (a process which requires four
months of work). The left side of the plate is a table for deciphering
and enciphering code, developed by Blaise de Vigenere in 1570.
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The right side is a text. that can be partly deciphered by using the
table and partly by using a potentially challenging encoding
system. The text, written in collaboration with a prominent fiction
writer, is revealed only after the code is deciphered.
My choice of materials, like code, conveys meaning. At the
entrance, a lodestone (a rock naturally magnetized by lighting)
refers to ancient navigational compasses. The petrified tree recalls
the trees that once stood on this site and that wete the source of
materials on which written language has been recorded. The
copper, perforated by text, represents this "paper." I also use
another symbol; water. In a small pool on the plaza, partly
surrounded by the copper plate, water will be turbulent and
provocative, constantly agitated into standing waves. In the
other pool, located among trees in the courtyard and between two
massive outcroppings, water will be calm, reflective,
contemplative. Other materials around the site - large stones,
ornamental grasses, and small trees - are designed to make the
natural features surrounding the Agency more visually
interesting and thought provoking.
My work at Langley is approximately two thirds complete. If you
see me or my apprentices working, please don't hesitate to ask
questions about the work.
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REFERENCE: c.SI1Prgc-og37
GENERAL SERVICES ADMINISTRATION
PUBLIC BUILDINGS SERVICE
CONTRACT FOR ARTIST'S SERVICES
Jim Sanborn
Artist
Exterior Sculpture (s)
Type of Artwork
$250,000.00
Fee Amount
Headquarters Expansion
Building Project
McLean, Virginia
Building Location
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REFERENCE: G5icpgw-ac_oA37
TABLE OF CONTENTS
PART I - THE SCHEDULE
Section A - Standard Form 33, Solicitation, Offer and Award
--Preparation of Offers
Section B - Supplies or Services and Prices/Costs
--Description of Services
--Pricing Information
Section C - Description/Specialization/Work Statement
--General
--Scope of Work
--Background
--Objective
--Scope of Services
--Security Requirements
Section D - Packaging and Marking
--Payment of Postage and Fees
--Marking
Section E - Inspection and Acceptance
--Inspection and Acceptance
--Designation of Contracting Officer's Representative
Section.F - Deliveries or Performance
--Deliverables
--Period of Performance
--Type of Contract
Section G - Contract Administration Data
--Payment
--Method of Payments
--Invoice Requirements
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REFERENCE: .5'( I pig E-c-c.v.--3-7
Section H - Special Contract Requirements
PART II
PART III
--Ownership
--Copyright
--Travel
--Site Visit
--Work Oversight
CONTRACT CLAUSES
??? =Mb
GSA Form 3504
LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
Section 67 - List of Attachments
PART IV
--Standard Form 1411
--Optional Form 17
REPRESENTATIONS AND INSTRUCTIONS
Section K - Representations, Certifications and Other
Statements of Offerors: GSA Form 3503.
Section L - Instructions, Conditions and Notices to Offerors
--General
--Submission and Content of Proposal
--Technical Proposal
--Price Proposal
--Restriction on Disclosure and Use of Data
--Failure to Submit Offers
--Contract Award
--Authorized Deviations in Provisions
--Proposal Preparation Cost
--Proposed Contract Type
--Inquiries
--News Release
--Inspection of Facility
--Insurance Requirements
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REFERENCE: C`5//,8-ge--C62-37
Information Collection Requirements. Information collection
requirements contained in this solicitation/contract that are not
required by regulation have been approved by the Office of
Management and Budget pursuant to the Paper Work Reduction Act
and assigned OMB Control No. 3090-0163.
PART I - THE SCHEDULE
SECTION A
SOLICITATION,-OFFER AND AWARD
STANDARD FORM 33
I-A
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Azorove:.. _
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p:..:
? rs ?../1kAVIMr1L-) 1 UNDER DPAS 115 CFR 3501?
CONTRACT2. NO.
GSIIF88EGCO237
3. SOLICIT Al ION NO.
?6. TYPE OF SOLICITATION
ri S? EALED BID
MC N? EGOTIATED (API')
5. DATE ISSUED
6. REQUISITIONiPUkCHAS
NO.
7. ISSUED BY
CODE
General Services Administration, NCR
Construction Contracts Division (WQPP)/
7th & D Streets, SW, Room 2634,-
1.:p chi nr.4-r,r) LIC 707
IL ADDRESS OFFER TO (If oilier tnan Item 7)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and
nr/A-
handcarried, in the depository located in
copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, c
/V/4
until local time
(Hour) (Date)
CAUTION - LATE Submissions. Modifications, and Withdrawals: See Section L. Provision No. 52.214-7 or 52.215-10. All offers are subject to all terms and
conditions contained in this so icitation.
10. FOR INFORMATION
CALL:
A. NAME
TOM SHERRY
B. TELEPHONE NO. (include area code) (NO COLLECT CALL
( 2G2 ) 14T2-45314
11. TABLE OF CONTENTS
WI
SEC.
DESCRIPTION
_PAGE(S)
WI
SEC.
DESCRIPTION PAGE(
PART I - THE SCHEDULE
PART II - CONTRACT.CLAUSES
X
A
SOLICITATION/CONTRACT FORM
-i- - 2
X
1
CONTRACT CLAUSES
1-
).
B
SUPPLIES OR SERVICES AND PRICES/COSTS
1-1
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
X
c
DESCRIPTION/SPECSIWORK STATEMENT
1-8
X J
LIST OF ATTACHMENTS I 1 -
X
D
PACKAGING AND MARKING
1-1
PART IV - REPRESENTATIONS AND INSTRUCTIONS
X
E
INSPECTION AND ACCEPTANCE
1-3
X
KOTHER
REPRESENTATIONS. CERTIFICATIONS AND
STATEMENTS OF OFFERORS
1-
X
F
-DELIVERIES OR PERFORMANCE
1-3
X
G
CONTRACT ADMINISTRATION DATA
1-5
X
L
INSTRS.. CONDS., AND NOTICES TO OFFERORS
1 -
X
H
SPECIAL CONTRACT REQUIREMENTS
1-1
X
M
EVALUATION FACTORS FOR AWARD
1-
. OFFER (Must be fully completed by offeror)
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
NA*
12. In compliance with the above, the undersigned agrees, if this offer is accepted within / calendar days (60 calendar days unless a differc
period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or allitems u,00n which prices are offered at the price s?
opposite each item, delivered at the designated point(s), within the time specified in the schedule.' Cf . 552.214-16, page IV-L-4
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52-232-8)
10 CALENDAR DAYS
N/A
20 CALENDAR DAYS
A
30 CALENDAR DAYS
CALENDAR DA'
/co
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amend-
ments Co the SOLICITATION for offerors and
related documents numbered and dated:
AMENDMENT NO.
DATE
AMENDMENT NO.
DATE
15A. NAME
ANO
ADDRESS
STAT OF
OFFEROR
CODE
FACILITY
Icoa s. pAzov-s_. ZYL
Isa_LELF-PmaINE-Isto--a-
STAT
ude area
15C. CHECK IF REMITTANCE ADDRESS
nIS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
bunts
ts4;1/4..41
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND/PPROPRIATION
A thru L & Price Proposal $250,000 192.8.80.P1140001.RK1.25.516.
18. OFFER DATE
Q-J
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETI-
TION:
23. SUBMIT INVOICES TO ADDRESS SHOWN IN J
ITEM
r-7 10 U.S.C. 2304(c)! I ri 41 U.S.C. 253(c)( (4 copies unless otherwise specified)- VI Section G
24. ADMINISTERED BY (If other than Item 7)
CODE
Cf. page I-G-5 of Contract
2.6. NAME OF CONTRACTING OFFICER (Type or print)
Claude G. Bernier
25. PAYMENT WILL BE MADE BY
,Z7
27. U -D STATES//
AM:RICA
'iencture of
n tra.atinl;'Crrficct9
CODE
26. AwArED DATE
IMPORTANT --Awand-wilf be made on this Form,.or on Standard Form 26, c?. ? other authorized official wCitten notice.
N:SN 7540-01-1.52-SC16-4- - - - -
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REMITTANCE ADDRESS:
When the contractor wishes. payments to be mailed to an
address other than that indicated on the Standard Form 33,
Solicitation, Offer and Award, he shall insert the proper
remittance address in the space provided below:
'REFERENCE: peg` L37
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REFERENCE: GS/ I p trir EQC_o P-37
PART I
SECTION B
SUPPLIES OR SERVICES AND
PRICES/COSTS
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REFERENCE: G5//pgle?C_O?7_37
PART I - SECTION B
Supplies or Services and Prices/Cost
B.1. Description of Services
The Artist shall provide all personnel, supervision, labor,
materials, supplies, and equipment (except as otherwise
provided), and shall plan, schedule, coordinate and ensure
effective performance of all services described herein. The
Artist will be required to execute the approved design, provide
the necessary base support and install the completed work(s) at
the designated location.
B.2. Offer for Services
The total firm-fixed-price for completing all work under
the contract is?
$250,000.00.
B-1
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REFERENCE i G5//Pg.gE-C437-37
PART I
SECTION C
DESCRIPTION/SPECIFICATIONS,
WORK STATEMENT
I -C
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r.?
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REFERENCE: GS1:113?258E-Gpv_37
PART I - SECTION C
C.1. Scope of Services
(a) The Artist shall perform all services and furnish all
supplies, materials and equipment as necessary for the design and
execution of the work(s) to be placed in the location shown on
Contract Drawing No. N/A , in an artistic, professional
manner and in strict compliance with all terms and conditions of
this contract.
(b) The Artist, shall determine the artistic expression,
subject to its being acceptable to the Government. The
Government may require multiple submissions of the Artist's
proposed work(s) in determining acceptability. The Artist shall
make formal presentations to the Government, which should include
sketches or other documents which shall convey a meaningful
presentation of the work(s). The Artist shall allow 30 calendar
days for the Government to determine acceptability of the
proposed artistic expression(s).
(c) The work(s) shall be of materials and sizes mutually
acceptable to the Government and to the Artist.
(d) The Artist shall execute and install the work(s) to
the satisfaction of the Contracting Officer's Representative.
(e) Upon installation the Artist shall provide written
instruction to the Contracting Officer for appropriate
maintenance and preservation of the artwork, before final payment
is made. The Government is responsible for the proper care and
maintenance of the work(s).
(f) The Artist shall furnish the Government with
photographs of the finished work(s) as installed. Security
considerations require that all on-site photographic work will be
accomplished through the Site Security office. Color, black and
white negatives and prints will be required. In addition, 35mm
color slides are to be provided to the Government.
(g) Security requirements.
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Public Buildings Service
Washington, DC 20405
Artist:
-.ART-IN-ARCHITECTURE PROGRAM
ARTIST'S QUESTIONNAIRE
Title of Work:
Type of Artwork;
Installation Date:
Building Location: ,
City State
Dimensions (height x width x depth in feet and inches):
Weight:
Construction, composition of the work (for the following, please
use dates, methods, and products used):
1. Materials (kind, variety, quality; preparatory work,
joining of blocks, hollowing out, etc.):
2. Medium or construction (description of assemblages,
materials, and methods):
Support:
Medium:
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Ground (preparation of surface before painting etc;
adhesion, cohesion):
Paint Layer:
Surface coating (finished layer):
3. RecomMendations for care and maintenance:
4. Fabricator (if fabricated other than by yourself):
Name
Address
State City Zip
Telephone
5. Additional Comments:
Artist's Signature Date
Artist's Address
City
State Zip
Enclosed is a self-addressed stamped envelope for your
convenience in returning the Questionnaire.
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REFERENCE: 5ylpggE-Qc....o.237
Security Requirements
The building and/or site, wherein the art work(s) as
provided under this Agreement are to be performed, is under
strict security control. Contractor agrees on behalf of
himself and all subcontractors that he will assign only U.S.
citizens to perform the work. U.S. citizens only will be
granted access to premises, in connection with the performance
of this Agreement, and will be subject to the Espionage or
other Federal "Laws relating to improper disclosure of classi-
fied information.
Denial of entry of Contractor personnel on the basis that
the Contractor failed to provide information required by this
clause will not *relieve the Contractor of any cost burden
incurred by the Contractor in attempting to perform the work.
Prior to the installation, the Contractor must supply the
name of the crew leader and the approximate number of person-
nel entering Agency properties ?after normal working hours to
the Contracting Officer's Representative (COR) hereof. All
vehicles and occupants must be preapproved for entry at the
site. To be granted access for the performance of the work,.
it will be the responsibility of the Contractor to ensure that
the necessary information has been provided before proceeding
to the site entry point. The COR will take the appropriate
action to notify the security access points before the Con-'
tractor arrives to ensure that the Contractor will be granted
approval to proceed to the work site.
4
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REFERENCE: 51/pgg'&-6c,=_37
SECURITY REQUIREMENTS
1. "Bidders" Information
2. Contractor/Subcontract Agreement
3. Site Activities
4. Security Planning
1. "Bidders" Information
Government Site Security Regulations
"Bidders" will be required to comply with Government site
security regulations, including providing necessary person-
nel information relevant to ownership/management of bidder
companies. Refer to the article "Bidding Information" in
the bidding requirements. The Government reserves the right
to exclude or remove from the site any employee of the con-
tractor or subcontractor that the Government deems careless,
insubordinate or otherwise objectionable or whose continued
employment or access on the site is deemed by the Government
to be contrary to the best interests of the Government.
Overtime
To allow the Government the time necessary to perform its
required daily security inspection of the work in private,
overtime work by contractor, including the delivery of prod-
ucts, will be approved only in the most exceptional of
circumstances, and then only for work on weekdays between
1600 and 1800 hours. (Work on weekends will occur only when
the Government so directs.) Requests for overtime and for
access to the site outside the hours specified under the
article "Site Activities" herein, shall be made in writing
to-the contracting officer not less than five calendar days
in advance of need.
2. Contractor/Subcontractor Agreement
The contractor agrees, and will make it a specific provision of
his subcontracts, that the following security regulations will be
observed by contractor/subcontractor personnel on the construc-
tion site, and that the facilities and procedures described in
the following subparagraphs will be made operative at the
commencement of work under this contract:
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REFERENCE: 05(hogg
Only United States citizens are permitted to work on the
construction site. After award, the contractor and all sub-
contractors shall provide information regarding all person-
nel who require or cease to require continuing access to the
site. In order to permit the Government to supply badges to
allow access for on-site personnel, contractor shall cause
each individual to fill out a personal history statement
(PHS Form CP-100) - refer to Appendix for example. The PHS
will be provided in advance by the Government to the con-
tractor. Processing of the PHS will be performed by the
Government personnel at Government expense.
A PHS shall be completed for each contractor employee
who is to work on the site in excess of a total of five
calendar,days. An abbreviated PHS (Sections I and VII
of Form:CP-100) shall be completed for those employees
who are to work on the site less than any five calendar
days.
When an individual reports initially to the site for work
the first time, the contractor shall allow a period of two
hours for security processing, to include a review of Form
CP-100, fingerprinting, fabrication of a site badge, and a
security/safety/code-of-conduct briefing. Upon the signing
of Form CP-100 and badging, the contractor employee will be
allowed access to the construction site. The badge fur-
nished by the Government to each contractor employee or
other person granted access to the site will serve to
authorize the wearer to enter and leave the construction
site. The badge shall be worn on the upper part of the body
so as to be clearly visible at all times when on the work
site. The badge shall be retained by the individual as long
as he or she requires continued admittance to the site, but
the contractor shall arrange for its immediate return to the
Government when such need no longer exists.
Visitor badges will be provided for persons who are identi-
fied as having an infrequent or temporary legitimate busi-
ness need for access to the site.
Security checks will be made on all contractor employees.
Falsification of the PHS or violation of the site security/
safety/code-of-conduct requirements will result in access to
the site being denied. Random personnel/vehicle property
inspections will be conducted by security.
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REFERENCE: .5700frirEc7c..473-7
3. Site Activities
Access to Site
Normally, the site will be open to contractor4ccess between
0630 and 1600 hours, Monday through Friday. -":Products and
equipment shall be delivered or removed during the above
hours. Access for personnel and product and equipment
delivery and removal shall be through site security check
points. All material deliveries to the site by noncontrac-
tor vehicles will require a bill of lading before being
given site access. Contractor access will be restricted to
the construction site only. Request for contractor person-
nel access outside the site shall be submitted in writing to
the contracting officer and receive prior approval. ?
Personal Vehicles ?
Personal vehicles belonging to construction personnel will
be required to park within a site-security-identified fenced
area adjacent to the construction site. The area shall be
kept free of debris by the contractor. Only those _t
contractor-owned vehicles identified by the contractor to
the contracting officer in writing will be allowed access to
the site. The construction site speed limit will be 15 MPH
for all vehicles.
The construction or removal of any temporary partition or
connection to existing structures occupied by the Government
shall be submitted in writing to the contracting officer and
receive prior approval.
Prohibited Items
The following are prohibited on the job site:' alcohol,
explosives, nonprescription drugs, weapons, gambling, and
cameras.
Conduct and Dress
An acceptable standard of conduct and dress shall prevail.
Shirts shall be worn at all times.
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REFERENCE: GS//P.55EC-0-57
Protection of Tools and Equipment
Contractor is responsible for protection of his-tools and
equipment and for products intended for use in construction
of the project. Specified security requirements notwith-
standing, the Government will bear no responiibility for
protection of contractor's tools and equipment and the
construction products.
Communication Devices
Types and radio frequencies of the communication devices the
contractor intends to use shall receive Government approval
before the devices are used.
4. Security Planning
To assist the Government security planning and staffing and to
help in avoiding security-required delays, contractor shall
submit, in writing, to the contracting officer not less than five
calendar days in advance of the anticipated event, notice of I
proposed changes in established project schedule's, Impending =.
safety concerns, and other potentials for changes in the estab-
lished security operations.
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Cp-,1 r t
Form CP-100
1. Name (In Print)
TAD .Date
Appendix
Departure Date
Badge No.
irst
1(a) AKA
2 DOB
POB
2(a) Citizenship
3 Employer
4 Military Service From/To Serial No.
4(a) Type Discharge/Separation Clearances
S Foreign Travel:
Country From/To Purpose
S(a)
S(b)
S(c)
6 Arrests:
Date/Location Charge ? Disposition
?
Date Naturalized
Occupation
No.
6(a)
6(b)
6(c)
7 Foreign contacts, including relatives, during the past five (5) years:
Name
Address Date(s) of Contact,
7(a)
7(b)
7(c)
7(d)
II. Relatives:
8(a)
8(b)
Spouse
DOB/POB
Address
Employer
Father
DOB/POB
Address
Employer
8(c)
Mother .
DOB/POB
Address
Employer.
8(d)
8(e)
8(0
8(g)
Brother
DOB/POB
Sister
DOB/POB
.DOB/POB
100B/POB
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III. Education:
9(a) High School
9(b) Jr.-College
9(c) College
9(d) Vocational
Name
Address Date Graduat.:d
IV. Employment history for past five (5) years or last three jobs:
EMployer From/To Job Address
10(a)
10(b)
10(c)
V. Residences for past five (5) years or last four (4) addresses:
From/To Address
11(a)
A
VI. List three (3) non-relative references who have known yq;u for the past five years:
Name Address Years Known
VII..
12(a)
12(b)
12(c)
I hereby declare that the above information is true and factual to the best
of my knowledge. I also acknowledge receiving the construction site Security/
Safety/Code of Conduct briefing and understand that my failure to abide by the
requirements or falsification of form CP-100 can result in my being denied
access to the construction site with resulting loss of employment.
Signature Date
Briefing Officer Date
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REFERENCE :5f/Pir-ge--C-002-37
PART I
SECTION D
PACKAGING AND MARKING
I ?D
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REFERENCE: ,.51115117/E-co,2.37
? SECTION D
Packaging and Marking
D.1. Packaging
The Artist shall be responsible for prepayment of all
mailing and shipping charges on sketches, drawings,
specifications, models, or other submissions to the Government.
D.2. Marking
All submissions to the Contracting Officer or the
Contracting Of fiber's Representative shall clearly indicate the
contract deliverables are being submitted.
? D-1
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REFERENCE :. .5./(Pg'SE-CO,7_37
PART I
SECTION E
INSPECTION AND ACCEPTANCE
I ?E
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REFERENCE: s'ffpgg'E-c_e?..37
PART I - SECTION E
Inspection, and Acceptance
1. The Role of Government Personnel and Responsibility for
Contract Administration.
(a) . Contracting Officer. The contracting officer has the
overall responsibility for the administration of this contract.
He alone, without delegation, is authorized to take actions on
behalf of the Government to amend, modify or deviate from the
contract terms, conditions, requirements, specifications, details
and/or delivery schedules.- However, he may delegate certain
other responsibilities to his authorized representatives.
(b) Contracting Officer's Representative (COR). The COR
is designated as the contracting officer's representative to _
assist him in the discharge of his responsibilities when he is
unable to be directly in touch with the contract work. The
responsibilities of the contracting officer's representative
include, but are not limited to: determining the adequacy of
performance by the Artist in accordance with the terms and
conditions of this contract; acting as the Government's
representative in charge of work at the site; ensuring compliance
with contracting officer of any factors which may cause delay in
performance of the work.
E.2. Acceptance
E.2.1. Acceptance of all deliverables under this contract
will be-reviewed for approval by the Contracting Officer's
Representative prior to final acceptance by the Contracting
Officer.
E-1.
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52.246-12
REFERENCE: 5urggEGC--0.2-37
INSPECTION OF CONSTRUCTION (JUL 1986)
(a) Definition. "Work" includes, but is not limited to,
materials, workmanship, and manufacture and fabrica- ?
tion of components.
(b) The Contractor shall maintain an adequate inspec-
tion system and perform such inspections as will ensure
that the work performed under the contract conforms to
contract requirements. The Contractor shall maintain
complete inspection records and make them available to
the Government. All work shall be conducted under the
general direction of the Contracting Officer and is sub-
ject to Government inspection and test at all places and at
all reasonable times before acceptance to ensure strict
compliance with the terms of the contract.
(c) Government inspections and tests are for the sole
benefit of the Government and do not?
(1).- Relieve the Contractor of responsibility for
providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for
damage to or loss of the material before acceptance;
(3) Constitute or imply acceptance; or ? -., -
(4) Affect the continuing rights of the Government
after acceptance of the completed work under para.
(d) The presence or absence .of a Government in-
spector does not relieve the Contractor from any con-
tract' requirement, nor is the. inspector authorized to
change any term or condition of the specification with-
out the Contracting Officer's written authorization. ,.
(e). The Contractor shall promptly furnish; without
additional charge, all facilities, labor,. and material rea-
sonably needed for performing such safe and conven:
ient inspections and tests as may be required by the '-
Contracting Officer. The Government may charge to
the Contractor any additional cost of inspection or test
when work is not ready at the time specified by the
Contractor for inspection- or. test; or When prior rejec-
tion inakes reinspection or retest necessary. The Gov-
ernment shall perform all inspections and tests in a .?
manner that will. not unnecessarily delay the work.
Special, full size, and performance tests shall be per-
formed as described in the contract.'
E-2
(0 The Contractor shall, without charge, replace or
correct work found by the Government not to conform
to contract requirements, unless in the public interest
the Government consents to accept the work with an
appropriate adjustment in contract price. The Contrac-
tor shall promptly segregate and remove rejected mate-
rial from the premises. ? ? ? = - ?.?
(g) If the Contractor does not promptly replace or
correct rejected work, the Government may (1) by
contract or otherwise, replace or correct the work and
charge the cost to the Contractor or (2) terminate for
default the Contractor's right to proceed.
(h) If, before acceptance of the entire work,. the
Government decides to examine already completed
work by removing it or tearing it out, the Contractor,
on request, shall promptly furnish all necessary facili-
ties, labor, and material. If the work is found to be
defective or nonconforming in any material respect due
to the fault of the Contractor or its subcontractors, the
Contractor shall defray the expenses of the examination
and of satisfactory reconstruction. However, if the
'work is found to meet contract requirements, the Con-
tracting Officer shall make an equitable adjustment for
the additional services involved in the examination and
reconstruction, including, if completion of the work ?
was thereby delayed, an extension of time.
(i) Unless otherwise- specified in the contract, -the
Government shall accept, as promptly as practicable
after completion and inspection, all work required by
the contract or that portion of the work the Contract-
ing Officer determines can be accepted separately. Ac-
ceptance shall be, final and conclusive except for latent
defects, fraud, gross mistakes amounting to fraud, or
the Government's rights under any warranty or guar:.
antee..
?
(End. of clause)
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REFERENCE: frnEc37
_
552.246-75
GUARANTEES (FEB 1986)
(a) Unless otherwise provided in the specifications, the,Ipontractor guarantees
all work to be in accordance with contract requirements and-lree from defective
or inferior materials, equipment, and workmanship for 1 year,after the date
of final acceptance or the date the.equipment or work was.placed in use by the
Government,. whichever occurs first.
(b) If, within any guarantee period, the Contracting Officer finds that
guaranteed work needs to be repaired or changed because of the use of materials,
equipment, or workmanship is inferior; defective, or not in accordance with the
terms of the contract, the Contracting Officer shall so inform the Contractor
in writing and the Contractor shall promptly and without additional expense to
the Government: -
(1) Place in a satisfactory condition all guaranteed work;
(2) Satisfactorily correct all damage to equipment, the site, the build-
ing or contents thereof, which is the result of such unsatisfactory guaranteed
work; and
(3) Satisfactorily correct any work, materials, and equipment that are
disturbed in fulfilling the guarantee, including any disturbed work materials
and equipment that may have been guaranteed under another contract. Should the
Contractor fail to proceed promptly in accordance with the guarantee, the
Government may have such work performed at the expense of the Contractor.
? (c) Any special guarantees that may be required under the contract will be
subject to the stipulations set forth above, insofar as they do not conflict
with the provisions of such special guarantees.
(d) The Contractor shall obtain each transferable guarantee or warranty of
equipment, materials or installation thereof which is .furnished by any manu-
facturer, supplier or installer in the ordinary course of the manufacturer's,
supplier'-s, or installer's business.or trade. In addition, the Contractor
shall obtain and furnish to the Government all information which is required
in order to make any such guarantee or warranty legally binding and effective,
and shall submit both the information and the guarantee or warranty to the ?
Government in sufficient time to permit the Government to meet any time limit
requirements specified in the guarantee or warranty or, if no time limit is
specified, prior to completion and acceptance of all work under this contract.
(End of Clause)
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REFERENCE: 5//P.87EQC-0..23 7
PART I
SECTION F
DELIVERIES OR PERFORMANCE
I ?F
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REFERENCE: ...S./(Prs'&--c?.t. 2_57
PART I - SECTION F
Deliveries or Performance
F.1. Deliveries
The Artist shall complete all work as follows:
F.1.1. The design required by Section C.1.(b) within 90 days
after the Notice to Proceed (NTP). to>40
F.1.2. Fabrication and installation of work requirea by
Section C.1.(c) and (d) by 500 days after NTP. 3(,0-22i:3-= 10).
F.1.3.11'w2A-?7,Ct
Photographs of all aspects of the finished work as _ 14,
required by Section C.1.(f) by 500 days after NTP.
12---2.1 -09 3 F
F.1.4. Maintenance and preservation instructions required by
Section C.1. (e) by 500 days after NTP.
F.2.
F.2.1.
Performance.
Correspondence
Work under this contract is expected to commence on
NTP date. All correspondence from the Artist must be directed as
follows:
Original: Arthur J. Carlucci, Project Manager
One Copy:
Art-In-Architecture Program (PQBP)
General Services Administration
18th & F Streets, N.W.
Washington, D.C. 20405
?.
F-1
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REFERENCE: C.02.3
-
-
Fr.3. FAR 52.212-13 STOP-WORK ORDER (APR 1984)
(a)- The Contracting Officer may, at any time, by written
order to the Contractor, require the Contractor to
stop all, or any part, of the work called for by this
contract for a period of 30 days aftert:thebrder is
delivered to the Contractor, and for -any -further
period to which the parties may agree.z.-The order
shall be specifically identified as a stop-work order
issued under this clause. Upon receipt of the order,
the Contractor shall immediately comply with its
terms and take all reasonable steps to minimize the
incurrence of costs allocable to the work covered by
the order during the period of work stoppage. Within
a period of 90 days .after a stop-work order is
delivered to the Contractor, or within any extension
of that period to which the parties shall have
agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as
provided in the Default, or the Termination for
Convenience of the Government, clause of this
contract.
(b) If a stop-work order issued under this clause is
cancelled or the period of the order or any extension
thereof expires, the Contractor shall resume work. The
Contracting Officer shall make an equitable adjustment
in the delivery schedule or contract price, or both,
and the contract shall be modified, in writing,
accordingly, if-- ?
(1) The stop-work order results in an increase in the
time required for, or in the Contractor's cost
properly allocable to, the performance of any part
of this contract; and
(2) The Contractor asserts a claim for the adjustment
within 30 days after the end of the period of work
stoppage; provided, that, if the Contracting
Officer decides the facts justify the action, the
Contracting Officer may receive and act upon the
claim asserted at any time before final payment
under this contract.
(c) If a stop-work order is not canceled and the work
covered by the order- is terminated for the convenience
of the Government, the Contracting Officershall allow
reasonable costs resulting from the stop-work order in
arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work
covered by the order is terminated for default, the
Contracting Officer shall allow, by equitable
-:-L-7,...,!_-,-isadjustment or otherwise, reasonable costs resulting
from the stop-work order.
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REFERENCE: 5(7/'g".e&--C-4037 ?
F.4.- FAR 52.212-15 GOVERNMENT DELAY OF WORK (APR 1984)
(a) If the performance of all or any part of the work of
this contract is delayed or interrupted (1) by an act
of the Contracting Officer in the administration of
this contract- that is not expressly or impliedly
authorized by this contract, or (2) by a failure of the
Contracting Officer to act within the time specified in
this contract, or within a reasonable time if not
specified, an adjustment (excluding profit) shall be
made for any increase in the cost of performance of
this contract caused by the delay or interruption and
the contract shall be modified in writing accordingly.
Adjustment shall also be made in the delivery or
performance dates and any other contractual term or
condition affected by the delay or interruption.
However, no adjustment shall be made under this clause
for any delay or interruption to the extent that
perfomance would have been delayed or interrupted by
any other cause, including the fault or negligence of
the Contractor, or for which an adjustment is provided
or excluded under any other term or condition of this
contract.
(b) A claim under this clause shall not be allowed (1) for
any costs incurred more than 20 days before the
Contractor shall have notified the Contracting Officer
in writing of the act or failure to act involved, and
(2) unless the claim, in any amount stated, is asserted
in writing as soon as practicable after the termination
of the delay or interruption, but not later than the
day of final payment under the contract.
F-3
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REFERENCE: 23 7
PART I
SECTION G
CONTRACT ADMINISTRATION DATA
I?G
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REFERENCE: GS (
PART I - SECTION G
Contract Administration Data
G.1. Nethod of Payment
(a) The total price (TP) of the contract shall constitute
full compensation for all approved services described in this
contract. Progress payments shall be made in accordance with the
following schedule:
(1) Upon acceptance of the design submission, 40% T.P.
(2) After fabrication of 50% of the work, 40% T.P.
(3) After fabrication of 100% of the work, 10% T.P.
(4) After installation has been completed, 8% T.P.
(5) After acceptance of maintenance and preservation
instruction and photographic documentation, 2% T.P.
(b) Payments
The Government will pay the Artist, upon the submission of
proper invoices or vouchers, progress payments as stipulated in
this contract for supplies delivered and accepted or services
rendered and accepted, less any deductions provided in this
contract, payment shall be made on partial deliveries .accepted by
the Government if (a) the amount due on the deliveries warrants
it; or (b) the Artist requests it and the amount due on the
deliveries is at least $1,000.
(c) Prior to final payment, the Artist shall furnish the
Government with a release of claims against the Government under
this contract, other than such claims as the Artist may except.
He shall describe and state the amount of each excepted claim.
G.2. Invoice Requirements
Note: Full payment of invoices (without retention) after 50%
completion is optional and is at the discretion of the
Contracting Officer.
G-1
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REFERENCE: C..51115C-4,37
G.2.1. GSAR 552.232-72 INVOICE REQUIREMENTS (DEC 1984)
(a) Invoices shall be submitted in an original and 3
copies to the Government office .designated in this
contract or on the delivery order to receiveinvoices.
To constitute a. proper invoie, ?the invoice must
include the following information -and/or attached
documentation:
(1) Name of the business concern and invoice date.
(2) Contract number.
(3) Delivery order number or other authorization for
delivery of property or services.
(4) Item number, national stock number (NSN) or other
product identification number, description, price,
ad quantity of property or services actually
-delivered or rendered.
(5) Shipping and payment terms.
(6) Name (where practicable), title, phone number,
and complete mailing address of responsible
official to whom payment is to be sent. The
"remit to" address must correspond to the
remittance address in the contract.
(7)
Information necessary to enable the Government
to make payment by wire transfer shall be
furnished in accordance with the method of pument
clause in Section II-I of this contract.
.(b) To assist the Government in making timely payments, the
Contractor is requested to furnish the following
additional information either on the invoice or on an
attachment to the invoice:
(1) Data as prescribed in clause 52.232-25 (Feb 88).
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REFERENCE: 5(7/1)ffiC.40,2--37
G.3. Contractor's Responsibility
(a) Neither the Government's review, approval or accep-
tance of, nor payment for any of the services required under this
contract shall be construed to operate as a waiver of any rights
under this contract or of any cause of action arising out of the
performance of this contract, and the Artist shall be and remain
liable to the Government in accordance with applicable law for
all damages to the Government caused by the Artist's negligent
performance of any of the services furnished under this contract.
The rights and remedies of the Government provided for
under this contract are in addition to any other rights and
remedies provided:by law.
(b) Warranties. The Artist guarantees all work to be free
from defective or inferior materials and workmanship for one year
after the date of final acceptance by the Government. If within
one year the contracting officer finds the work in need of repair
because of defective materials or workmanship, the Artist shall,
without expense to the Government, promptly and satisfactorily
make the necessary repairs..
(c) Slippage. Should the Government review and approval
time extend beyond a five (5) day review period and cause slip-
page, the contract period will be extended for a like number of
days. The Artist is required to report immediately when slippage
in the schedule is evident and to submit a revised schedule for
approval to the Contracting Officer as soon as practicable
thereafter.
G.4. Artist's Recognition/Credit
. (a) General.
The Government will allow the Artist to prepare and install
at the site an "approved" plaque identifying the Artist, the
title of the work, year of installation and the commissioning
office. The plaque may be provided by the Government.
G73
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REFERENCE: _.5-IIPS'gre-O,2-37
PART I - SECTION G
Contract Administration Data
G.5. The Role of Government Personnel and Responsibility for
Contract Administration.
? (a) Contracting Officer
The Contracting Officer has the overall responsibility for
the administration of this contract. He/she alone, without
delegation, is authorized to take actions on behalf of the
Government to amend, modify or deviate from the contract terms,
conditions, requirements, specifications, details and/or delivery
schedules. However, he/she may delegate certain other responsi-
bilities to his/her authorized representatives.
The Contracting Officer for this contract is:
(b) Designation-of Contracting Officer's Representative
The Contracting Officer will designate a Contracting
Officer's Representative (COR) under this contract who shall act
on the behalf of the Contracting Officer in the technical
administration of this contract.
The COR's responsibilities under this contract are to:
(1) Provide technical direction within the scope and limitation
provided in the contract; (2) inspect and evaluate the work
performed in the contract; (3) assist the Artist in interpreting
technical requirements and in obtaining other technical assis-
tance as may be necessary; and (4) advise the Contracting Officer
as difficulties arise which may disrupt or hinder performance.
.NOTE: The COR may issue written or oral clarifications to
Section C (STATEMENT OF WORK) of the contract. However, actions
affecting the scope of services shall be in accordance with the
CHANGES clause of this contract, and are subject to the
limitation of authority granted to the COR by the Contracting
Officer.
G -+
STAT
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-
REFERENCE: G--51/ArrEC-4137
PART I - SECTION G
Contract Administration Data
G.6. The Contracting Officer's Representative (COR) for the
technical administration of this contract is:
ARTHUR J. CARLUCCI, GSA's Site Construction
Project Manager.
G- 5
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REFERENCE: 5ffPgjCO37
PART I
SECTION H
SPECIAL CONTRACT
REQUIREMENTS
I ?H
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REFERENCE: 05///YS'ECOp237
PART I - SECTION H
Special Contract Requirements
H.1. Ownership
The works created under this agreement shall be the sole
property of the United States Government. The General Services
Administration will convey the approved presentation study
(model, design, rendering) to the National Museum of American
Art, the Smithsonian Institution.
H.2. Copyright
The copyright of the work and related materials shall
belong exclusively .to the Artist. The Artist, however, shall not
publicly exhibit the final work nor make any actual size repro-
ductions of the finished work except by written permission of the
Government.
The Government shall have the right to include photographs
or other representations of the work in publications, catalogues,
reports or poster provided there is prominent reference to the
fact that the work was created by the Artist.
H.3. Travel
? All travel by the Artist and his/her agents or employees as
may be necessary for proper performance of the services required
under this contract is included in the fee amount set out in
Section B and shall be at no additional cost to the Government.
H.4. Site Visit
Artists are urged and expected to inspect the site where
services are to be performed and to satisfy themselves regarding
all general and local conditions that may affect the cost of
contract performance, to the extent that the information is
reasonably obtainable. In no event shall failure to inspect the
site constitute grounds for a claim after contract award.
H.5. Work Oversight in Artist Contracts
The extent and character of the work to be done by the
Artist shall be subject to the general oversight, supervision,
direction, control and approval of the C.O.R.
H-1
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REFERENCE: oogg'Earc,f3p:3-7
PART II ? CONTRACT CLAUSES
?
II?'
?
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CLAUSES
52.219-6
52.228-5
552.228-76
52.222-37
552.237-71
552.228-75
52.204-2
52.243-1
52.236-3
52.246-25
REFERENCE:GS11P57 Eoc423
SUPPLEMENTARY CLAUSES
ART-IN-ARCHITECTURE SERVICES
CLAUSE TITLES
Notice of Total Small Business Set
Aside (APR 84)
Insurance - Work on a Government
Installation (APR 84)
Insurance (APR 84)
Employment Reports on Special
Disabled Veterans and Veterans of
the Vietnam Era (JAN 88)
Qualifications of Employees
(APR 84)
Workmen's Compensation Laws
(APR 84)
Security requirements
Alternate II
Changes - Fixed Price
Alternate II (APR 84)
(APR 84)-
(AUG 87)-
Site Investigation and Conditions
-Affecting the Work (APR 84)
Limitation of Liability - Services
(APR 84)
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52.232-25
52.232-8
552.232-78
552.232-79
552.232-77
552.232-73(a)
552.232-70(b)
552.232-71
52.215-2
52.215-22
52.215-23
52.203-7
52.249-4
52.249-8
52.215-24
52.215-25
REFERENCE :GS1IP i56 c237
Prompt Payment (FEB 88) Alternate
II
Discounts for Prompt Payment
(JULY 85)
Adjusting Payments (APR 86)
Final Payment (APR 86)
Availability of Funds (JULY 84)
Method of Payment (DEC 84)
Payment Due Date (APR 86)
Interest on Overdue Payments
(APR 84)
Audit - Negotiation (APR 84)
Price Reduction
or Pricing Data
Price Reduction
or Pricing Data
(APR 88)
for Defective Cost
(APR 88)
for Defective Cost
- Modifications
Anti-Kickback Procedures (FEB 87)
Termination for the Convenience of
the Government (Services) (Short
Form) (APR 84)
Default (Fixed Price Supply and
Service) (APR 84)
Subcontractor Cost or Pricing Data
(APR 85)
Subcontractor Cost or Pricing
Data - Modifications (APR 85)
I-I-2
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REFERENCE: egg-raC0,23
FAR 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET?ASIDE (APR 1984)
(a) Definition.
"Small business concern." as used in this clause.Imeans a
concern, including its affiliates, that is independently owned
and operated, not dominant in the field of operation in which it
is bidding on Government contracts, and qualified as a small
business under the size standards in this solicitation.
(b) General. (1) Offers are solicited only from small business
concerns. Offers received from concerns that are not small
business concerns shall be considered nonresponsive and will be
rejected. (2) Any award resulting from this solicitation will
be made to a small business concern.
(c) Agreement. A manufacturer or regular dealer submitting an
offer in its own came agrees to furnish, in performing the
contract, only end items manufactured or produced by small
business concerns inside the United States, its territories and
possessioes. the Commonwealth of Puerto Rico, the Trust Territory
of the Pacific Islands, or the District of Columbia. However,
this requirements does not apply in connection with construction
or service contracts.
?3 /Amer PA-SE is
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REFERENCE: 5//f1riYE-C-C,,2-37
? 32.221-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION
(APR 1954)
(a) The Contractor shall, at its own expense, provide and
maintain during the entire performance period of this contract
at least the kinds and minimum amounts of insurance required In
the schedule oc elsewhere in the contract. ?
(b) Before commencing work under this contract, the
Contractor shall certify to the Contracting Officer in writing
that the required insurance has been obtained. The policies
evidencing required insurance shall contain an endorsement to the
effect that any cancellation or any material change adversely
affecting the Government's interest shall not be effective (1) for
such a period as the laws of the.State-in which this contract is
to be performed prescribed or (2) until 30 days after the insurer
of the Contractor gives written notice to the Contracting officer.
.-_ whichever period is longer. .
(c) The Contractor shall insert the substance of this clause,
including this paragraph (c), in subcontracts under this contract
that require work on a Government installation and shall require
subcontractors to provide and maintain the insurance required in
the Schedule or elsewhere in the contract. At lease 5 days before
entry of each such subcontractor's personnel on the Government
installation, the Contractor shall furnish (or ensure that there
has been furnished) to the Contracting Officer a current certif14.
cat. of insurance, meeting the requirements of Paragraph (b) above,
for each subcontractor.
* a
352.228-76 INSURANCE(APR 1984)
The requirements of the Insurance-Work on a Government Installation
clause prescribed in FAR 52.228-5 are supplemented to provide that
the general liability policy shall name The United States of
America, acting by and through the General Services Administration,
ssan additional. insured with respect to operations performed under.
this contract.
?
?
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. REFERENCE :&,511PKgc? R37
FAR 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS
AND VETERANS OF THE VIETNAM ERA (JAN 1988)
(a) The contractor shall report at least annually, as
required by the Secretary of Labor on:
(1) The numberanpecial disabled veterans and the number
of veterans of the Vietnam era in the workforce of the contractor
by job category and hiring location; and
(2) The total number of new employees hired during the
period covered by the report, and of that total, the number of
special disabled_yeteranpL_And the_number_of veterans of the
Vietnam era.
(b) The above items shall be reported by completing the
form entitled "Federal Contractor Veterans' Employment Report
VETS-100."
(c) Reports shall be submitted no later than march 31 of
each year beginning March 31, 1988.
(d) The employment activity report required by paragraph
(a) (2) of this clause shall reflect total hires during the most
recent 12-month period as of the ending date selected for the
employment profile report required by paragraph (a) (1) of this
clause. Contractors may select an ending date: (1) As of the
end of any pay period during the period January through March 1st
of the year the report is due, or (2) as of December 31, if the.
contractor has previous written approval from the Equal
Employment Opportunity Commission to do so for purposes of
submitting the Employer Information Report EEO-1 (Standard Form
100).
(e) The count of veterans reported according to paragraph
(a) of this clause shall be based on voluntary disclosure. Each
contractor subject to the reporting requirements at 38 U.S.C.
2012(d) shall invite all special disabled veterans and veterans
of the Vietnam era who wish to benefit under the affirmative
action program at 38 U.S.C. 2012 to identify themselves to the
contractor. The invitation shall state that the information is
voluntarily provided, thwtthe information will be kept
confidential, that disclosure or refusal to provide the
information will not subject the applicant or employee to any
adverse treatment and that the information will be used only in
accordance with the regulations promulgated under 38 U.S.C. 2012.
(f) Subcontracts. The contractor shall include the terms
of this clause in every subcontract or purchase order of $10,000
or more unless exempted by rules, regulations, or orders of the
Secretary.
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REFERENCE: .5/tArra--C-Eic-'37
552.237-71 QUALIFICATIONS or EMPLOYEES (APR 1184)
The Contracting Officer may require dismissal from the work
of employees which he deemsincompetent, careless, insubordinate,
unsuitable or otherwise objectionable, or whose continued
employment he deems contrary to the public interest of
.inconsistent with the best interests of national security. The
Contractor shall fill out and cause each of his employees on the
contract.. work to fill out, for submission to the Government. such
forms as may be necessary for security or other seasons. Upon
request of the Contracting Officer, he and his employees shall be.
fingerprinted. Each employee of the contractor shall be a
-citizen of the United States of America, or an alien who has been
lawfully admitted for permanent residence as evidenced by Alien
Registration Receipt Card Form 1-151, or who presents other "
evidence from the Immigration and Naturalization Service that
employment will not affect his immigration status.
552:228-75 WORKMEN'S COMPENSATION LAWS (APR 1984)
The Act of June 25; 1936; 49 Stat: 1938 (40 U:S:C: 290)
authorizes the constituted authority of the several states to ?
apply their workmen's compensation laws to all lands and premises
owned or held by the United States.
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REFERENCE: 31 f/95B"C.o2.37
52.204-2 SECURITY REQUIREMENTS (APR 1984
Alternate II (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 Secu-
rity Agreement (DD Form 441), including the Depart-
ment of Defense Industrial Security Manual For Safe-
guarding 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
this contract are changed by the Government and if
Ific 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 equita-
ble adjustment as if the changes were directed under
the Changes clause of this contract.
(d) The Contractor agrees to insert terms that con-
form substantially to the language of this clause, includ-
ing 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.
(e) The Contractor shall be responsible for furnishing
to each employee and for requiring each employee
engaged on the work to display such identification as
may be approved and directed by the Contracting Offi-
cer. All prescribed identification shall immediately be
delivered to the Contracting Officer, for cancellation
upon the release of any employee. When required by
the Contracting Officer, the Contractor shall obtain
and submit fingerprints of all persons employed or to
be employed on the project.
(End of clause)
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52.243-1 CHANGES?FIXED-PRICE (AUG 198
Alternate II (APR 1984)
(a) The Contracting Officer may at any time, by written
order, and without notice to the sureties, if any, make
changes within the general scope of this contract in any one
or more of the following:
(1) Description of services to be performed.
(2) Time of performance (i.e., hours of the day, days
of the week, etc.).
(3) Place of performance of the services. '
(4) Drawings, designs, or specifications when the sup-
plies to be furnished are to be specially manufactured for
- the Government, in accordance with the drawings,
designs, or specifications.
(5) Method of shipment or packing of supplies:
(6) Place of delivery.
(b) If any such change causes an increase or decrease in
the cost of, or the time required for, performance of any
part of the work under this contract, whether or not changed
by the order, the Contracting Officer shall make an equitable
adjustment in the contract price, the delivery schedule, or
both, and shall modify the contract.
(c) The Contractor must assert its right to an adjustment
under this clause within 30 days from the date of receipt
of the written order. However, if the Contracting Officer
decides that the facts justify it, fle Contacting Officer may
receive and act upon a proposal submitted before final pay-
ment of the contract.
(d) If the Contractor's proposal includes the cost of
property made obsolete or excess by the change., the
Contracting Officer shall have the right to prescribe the man-
ner of the disposition of the property.
(e) Failure to agree to any adjustment shall be a dispute
under the Disputes clause. However, nothing in this clause
shall excuse the Contractor from proceeding with the con-
tract as changed. ?
?
(End of clause)
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52_236-3
REFERENCE: GS 1 1P OS E.CC--OP---7
SITE INVESTIGATION AND CONDITIONS .
AFFECTING THE WORK (APR 1984) .
(a) The Contractor acknowledgCs that it-has taken
steps reasonably necessary to ascertain the nature and
location of the work, and that it has investigated and
satisfied itself as to the general and local conditions
which can affect the work or its cost, including but not
limited to (1) conditions bearing upon transportation,
disposal, handling, and storage of materials; (2) the
availability of labor, water, electric power, and roads;
(3) uncertainties of weather, river stages, tides, or simi-
lar physical conditions at the site; (4) the conformation
and conditions of the ground; and (5) the character of
equipment and facilities needed preliminary to and
during work performance. The Contractor also ac-
knowledges that it has satisfied itself as to the charac-
ter, quality, and quantity of surface and subsurface ma-
terials or obstacles to be encountered insofar as this
information is reasonably ascertainable from an inspec-
tion of the site, including all exploratory work done by
the Government, as well as from the drawings and
specifications made a part of this contract. Any failure.
of the Contractor to take the actions described and
acknowledged in this paragraph. will not relieve the
Contractor from. responsibility for estimating properly
the difficulty and cost of successfully performing the
work', or for proceeding to successfully perform the
work without additional expense to the Government.
(b) The Government assumes no responsibility for
any. conclusions or interpretations made by, the Con-
tractor based on the information made available by the
Government. Nor does the Government assume re-
sponsibility for any understanding reached or represen-
tation made concerning conditions which can affect the
work by any of its officers or agents before the execu-
tion of this contract, unless that understanding or rep-
resentation is expressly stated in this contract.
(End of clause)
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REFERENCE: G.S/(frre?Cie)V.17
52.246-25 LIMITATION OF LIABILITY-SERVICES (APR 1984
(a) Except as provided in Paragraph (b) and (c) ''8elow,' and
except to the extent that the Contractor is expressly responsible
under this contract for deficiencies in the services required to
be performed under it (including any materials furnished in con-
junction with those services), the Contractor shall not be liable
for loss of or damage to property of the Government that (1)
occurs after Government acceptance of services performed under
this contract and (2) results from defects of deficiences in the
services performed or materials furnished.
(b) The limitation of liability under Paragraph (a) above
shall not apply when a defect or deficiency in, or the
Government's acceptance of, services performed or materials
furnished results,.with. willful misconduct or lack of good faith
on the part of any of'the Contractor's managerial personnel. The
term "Contractors managerial personnel," as used in this clause,
means the Contractor's directors, officers, and any of the
Contractor's Managers, superintendants, or equivalent
representatives who have supervision or direction of:
(1) All or substantially all of the Contractor's
business;
(2) All or substantially all of the.Contractor's
operations at any one plant, laboratory or separate
location at which the contract is being performed; or
(3) A separate and complete major industrial operation
connected with the performance of this contract.
(c) If the Contractor carries insurance, or has established
a reserve for self-insurance, covering liability for loss or
damage suffered by the Government through the Contractor's
performance of services or furnishing of materials under this
contract, the Contractor shall be liable to the Government, to
the extent of such insurance or-reserve, for loss of or damage to
property of the Government occurring after Government acceptance
of, and resulting from any defects and deficiencies ineservices
performed or materials furnished under this contract.
(d) The Contractor shall include this clause, including
this paragraph (d), supplemented as necessary to reflect the
relationship of the contracting parties, in all subcontracts over
$25,000: cs
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52.232-25 PROMPT PAYMENT (FEB.1988) ALTERNATE II (FEB 88). _
Notwithstanding any other payment. clause in this contract, the
Government will make invoice payments and contract.-financing
.payments under the terms and conditions.specified4Othis
Payment shall be considered as being made on the 4014 check is
dated or an electronic funds transfer is made. -1)0i:titian* of
pertinent terms are set forth in 32.902. All daysreferred to in
this clause are calendar days., unless otherwise ipecified.
OMB.
???
(a) Invoice Payments.
(1) For purposes of this clause, "invoice payment" means
a Government disbursement of monies to a Contractor under a
contract or other authorization for supplies or services accepted -
by the Government. This includes payments for partial deliveries
that have been accepted by the Government and final cost or fee
payments where amounts owed have been settled between the
Government and the Contractor.
(2) Except as indicated in subparagraph (a)(3) of this
clause, the due date for making invoice payments by the
designated payment office shall be the later of the following two
events:
(i). The 30th day after the designated billing office
has received a proper invoice from the contractor.
(ii) The 30th day after Government acceptance of 7
supplies delivered or services performed by the Contractor. On a.
final invoice where the payment amount is subject to contract
settlement actions, acceptance shall be deemed to have occurred
on the effective date of the contract settlement.
(3) The due date on contracts for meat and meat food
products, contracts for perishable agricultural commodities, and :?
contracts not requiring submission of an invoice.lhall be as
follows:
(i) The due date for meat and meat food products, as
defined in Section 2(a)(3) of the Packers and Stockyard Act of
1921 (7 U.S.C. 182(3)) and further defined in Pub. L. 98-181 to
include poultry, poultry products, eggs, and egg products, will
be as close as possible to, but not later than, the 7th day after
product-delivery.
(ii) The due date for perishable agricultural
commodities, as defined in Section 1(4) of the Perishable
Agricultural Commodities Act of 1930 (7 U.S.C. 499a(44)), will be.
as close as possible to, but not later than, the 10th day after
product delivery, unless another date is specified in the
contract.
(iii) If the contract does not require submission of
an invoice .for payment (e.g. periodic least payments), the due
date will be as specified in the contract.
(4) An invoice is the Contractor's bill or written
request for payment under the contract for supplies delivered or
services performed. An invoice shall be prepared and submitted
to the designated billing office specified in the contract. A
proper invoice must include the items listed in subdivisions-
(a)(4)(i) through (a)(4)(viii) of this clause. If the invoice
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REFERENCE: 5 7/ PS5 L.-Or-6.237
does not comply with these requirements, then the Contractor will
be notified of the defect within 15 days after receipt of the
invoice at the designated billing office.(3 days 'for Ameat and
meat food products and 5 days for perishable agricultural
commodities). Untimely notification will be takeainto account
in the computation of any interest penalty owed the Contractor in
the manner described in subparagraph (a)(6) of this clause.
- (1) Name and address of the Contractor.
(ii) Invoice date.
(iii) Contract number or other authorization for
supplies delivered or services performed (including order number
and contraCt line item number).
(iv) Description, quantity, unit of measure, unit
price, and extended price of supplies delivered or services
performed.
(v4--Shipping-and-payment-terms--(e.grnshipment-number
and date of shipment, prompt payment discount terms.) -Bill- of
lading number and weight of shipment will be shown for shipments
on Government bilis of lading.
(vi) Name and address of Contractor official to whom
payment is to be sent (must be the same as that in the contract
or in a proper notice of assignment).
(vii) Name (where practicable), title, phone number and mailing
address of person to be notified in event of a defective invoice.
?
(viii) Any other information or documentation required
by other requirements of the contract (such as evidence of
shipment).
(5) An interest penalty shall be paid automatically by
the Government, without request from the Contractor, if payment
is not made within 15 days after the due date (3 days for meat
and meat food products and 5 days for perishable agricultural
commodities) and the following conditions are met, if applicable:
(i) A proper invoice was received by the designated
billing office.
(ii) A receiving report or other Government
documentation authorizing payment was processed and there was no
disagreement over quantity, quality, or contractor compliance
with any contract term or condition.
(iii) In the case of a final invoice for any balance
of funds due the Contractor for supplies delivered or services
performed, the amount was not subject to further contract
settlement.-actions between the Government and the Contractor.
(6),The interest penalty shall be at the rate
established by the Secreatry of the Treasury under.Section 12 of
the Contract Disputes Act of 1978 (41 U.S.C. 611). that is in
effect on the payment date, except where the interest penalty is
prescribed by other governmental authority. This rate is
referred to as the "Renegotiation Board Interest Rate," and it is
published-in'the Federal Register semiannually on or about
January. and July 1. The interest penalty shall accrue daily on
-the, invoice payment amount approved by the Government and be
compoun4a.in a 30-day increments inclusive from the first day
after the .due date through the payment date. That is, interest
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REFERENCE: 5fiff)g7e-C9e,237
accrued at the end of any 30-day period will be added to the
approved invoice payment amount and be subjecttd-interest -
penalties if not paid in the succeeding 30-day..period. If the
designated billing office failed to notify the contractor of a
defective invoice within the periods prescribed in paragraph
(a)(4) of this clause, then the due date on the corrected invoice
will be adjusted by subtracting the number of days taken beyond
the prescribed notification of defects period. Any interest
penalty owed the Contractor will be based on this adjusted due
date. Adjustments will be made by the designated payment office
for errors in calculating interest penalties, if requested by the
Contractor.
(i) For the sole purpose of computing an interest
penalty that might be due the Contractor, Government acceptance
shall be deemed to have occurred constructively on the 10th
working day after the Contractor delivered the supplies or
performed the services in accordance with the terms and
conditions of tbe contract, unless there is a disagreement over
quantity, quality, or contractor compliance with a contract
provision. In the event that actual acceptance occurs within the
constructive acceptance period, the determination of an interest
penalty shall be based on the actual date of acceptance. The
constructive acceptance requirement does not, however, compel
Government officials to accept supplies or services, perform
contract administration functions, or make payment prior to
fulfilling their responsibilities.
(ii) The following periods of time will not be
included in the determination of an interest penalty: ?
(A) The period taken to notify the Contractor of
defects in invoices submitted to the Government, but this may not
exceed 15 days (3 days for meat and meat food products and 5 days
for perishable agricultural commodities).
(B) The period between the defects notice and
resubmission of the corrected invoice by the Contractor.
(iii) Interest penalties will not continue to accrue
after the filing of a claim for such penalties under the Disputes
clause or for more than I year. Interest penalties of less than
$1.00 need not be paid.
(iv) Interest penalties are not required on payment
delays due to disagreement between the Government and the
Contractor over the payment amount or other issues involving
contract compliance or on amounts temporarily withheld or
retained in accordance with the terms of the contract. Claims
involving disputes, and any interest that may be payable, will be
resolved in accordance with the Disputes clause.
(7) An interest penalty shall also be paid automatically
by the designated payment office, without request from the
contractor, if an improperly taken discount for prompt payment
was not corrected within IS days after the expiration of the
discount period (3 days for meat and meat food products and S
days for perishable agricultural commodities). The interest
penalty will be calculated as described in paragraph (a)(6) of
this _clause on the amount of discount taken for the period
beginning with the first day after the end of the discount Period
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through the date when the contractor is paid.
(b) Contract Financing Payments.
(I) For purposes of this clause, "contract :financing
payment" means a Government disbursement of monies to a
Contractor under a contract clause or other authorization prior
to acceptance of supplies or services by the Government.
Contract financing payments include advance payments, progress
payments based on cost under the clause at 52.232-16, Progress
Payments, progress payments based on a percentage or stage of
completion (32.102(e)(1)) other than those made under the clause
at 52.232-5, Payments Under Fixed-Price Construction Contracts,
or the clause at 52.232-10, Payments Under Fixed-Price Architect-
Engineer Contracts, and interim payments on cost type contracts.
?- (2) For contracts that provide for contract financing,
requests for payment shall be submitted to the designated billing
office as specified in-this-contract-or-as ?directe-d-by- tht--
Contracting Officer. Contract financing payments shall-be made
on the 30th day after receipt of a proper contracting financing
request by the designated billing office. In the event that an
audit or other review of a specific financing request is required
to ensure compliance with the terms and conditions of the
contract, the designated payment office is not compelled to make
payment by the due date specified.
(3) For advance payments, loans, or other arrangements
that do not involve recurrent submissions of contract financing
requests, payment shall be made in accordance with corresponding
contract terms or as directed by the Contracting Officer.
(4) Contracting financing payments shall not be assessed
an interest penalty for payment delays.
(c) Electronic Funds Transfer. Payments under this contract
will be made by the Government either by.check or electronic
funds transfer (through the Treasury Financial Communications
-System (TFCS) or the Automated Clearing House (ACH), at the
option of the Government. After award, but no later than 14 days
before an invoice or contract financing request is submitted, the
Contractor shall designate a financial institution for receipt of
electronic funds transfer payments. The Contractor shall submit
this designation to the Contracting Officer or other Government
official, as directed.
(1) For payment through TFCS, the Contractor shall
provide the following information:
(i) Name, address, and telegraphic abbreviation of the
financial institution receiving payment.
(ii) The American Bankers Association 9-digit
identifying number of the financing institution receiving payment
if the institution has access to the Federal Reserve
Communications System.
? (iii) Payee's account number at the financial
institution where funds are to be transferred.
(iv) If the financial institution does not -have access
to the Federal Reserve Communications System, name, address, and
telegraphic abbreviation of the correspondent financial
institution through which the financial institution receiving
payment ,obtains electronic funds transfer messages. Provide the
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telegraphic abbreviation and American Bankers Associi-tion
identifying number for the correspondent institution:?:
(2) For payment through ACH, the Contractor shall provide
the following information:
Routing transit number of the financial
institution receiving payment (same as American Bankers
Association identifying number used for TFCS).
(ii)
deposited.
Number of account to which funds are to be
(iii) Type of depositor account ("C" for checking, "S"
for savings).
(iv) If the Contractor is a new enrollee to the ACH
system, a "Payment Information Form," TFS 3881, must be completed
before payment can be processed.
(3) In the event the Contractor, during the performance of
this contract, elects to designate a different financial
institution for the receipt of any payment made using electronic
funds transfer procedures, notification of such change and the
required information specified above must be received by the
appropriate Government official 30 days prior to the date such
change is to become effective.
(4) The documents furnishing the information required in
this paragraph (c) must be dated and contain the signature,
title, and telephone number of the Contractor official authorized
to provide it, as well as the Contractor's name and contract
number.
(5) Contractor failure to properly designate a financial
institution or to provide appropriate payee bank account
information may delay payments of amounts otherwise properly due
(END OF CLAUSE)
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REFERENCE:GS11PS8EC-0
FAR 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (JULY 1985)
(a) Discounts for prompt payment will not be considered in the
evaluation of offers. However, any offered discount will form a
part of the award, and will be taken if payment is *made within
the discount period indicated in the offer by the offeror. As an
alternative to offering a prompt payment discount in conjunction
with the offer, offerors awarded contracts may include prompt
payment discounts on individual invoices.
(b) In connection with any discount offered for prompt payment,
time will be computed beginning with the later of (1) the date of
completion of performance of the services or the date of
acceptance of the supplies, as determined in accordance with the
payment terms of this contract, (2) the date a proper invoice or
voucher is received, in the office specified by the Government, or
(3) the date a release of claims is received by the Contracting
Officer, if required by the payment terms of this contract. For
the purpose of computing the discount earned, payment shall be
'considered to have been made on the date which appears on the
payment check or the date on which a wire transfer is made.
(END OF CLAUSE)
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GSAR 552.232-78 ADJUSTING PAYMENTS (APR 1986)
(a) Under the Inspection of Services c1ause4f this
contract, payments may be adjusted if any services-do-not conform
with contract requirements. The Contracting Officer or a .
designated representative will inform the Contractor, in writing,
of the type and dollar amount of proposed deductions by the 10th
workday of the month following the performance period for which
the deductions are to be made.
(b) The Contractor may, within 10 working days of receipt
of the notification of the proposed deductions, present to the
Contracting Officer specific reasons why any or all of the
proposed deductions are not justified. Reasons must be solidly
based and must provide specific facts that justify
"teconsideration-and/or- adjustment-of-the-imount-to_be deducted..____
Failure to respond within the 10 day period will be interpreted
to mean that the Contractor accepts the deductions proposed.
(c) Payments (except for the final payment) will not be
delayed or withheld until disputes over proposed deductions.are
settled. If the Contracting Officer determinei that any or all
of the proposed deductions are warranted, the Contracting Officer
shall so notify the Contractor, and adjust subsequent payments
urder the contract accordingly.
GSAR 552.232-79 TI.NAL PAYMENT (APR 1986)
Before final payment is made,- the Contractor shall furnish
the Contracting Officer with a release of all claims against the
Government relating to this contract, ether. than claims in stated
amounts that are specifically excepted by the Contractor from
release. If the Contractor's claim to amount payable under the
contract has been assigned under the Assignment of Claims Act of
1940, as amended (31 U.S.C. 3727, 41 U.S.C. 15), a release may
also be required of the assignee.
GSAR 552.232-77. AVAILABILITY OF FUNDS (JULY 1984)
The authorization of performance of work under this contract
during the initial contract period and any option or extension
period(4) is contingent upon the appropriation of funds to
procure this service. If the contract is awarded', extended, or
option(s) exercised, the Government's obligation beyond the end
of the fiscal year (September 30), in which the award or
extension is made or option(s) exercised, is contingent upon the
availability of funds from which payment for the contract
services can be made. No legal liability on the part of the
Government for payment of any money beyond the end of each fiscal
year (September 30) shall arise unless or until funds are made
available to the Contracting Officer for this procurement and
written notice of such availability is given to the contractor.
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552.232-773 (a) METHOD OF PAYMENT (DEC 1984)
(a) Payments under this contract will be made either by check or by wire
transfer through.theTreasury Financial Communications System-at-the option of
the Government.
(b) The Contractor shall forward the following information, in writing, to
the Contracting Officer not later than 7 calendar days after receipt of notice
of award.
?
(1) Full name (where_practicable), title, phone number, and complete
mailing address of responsible official (s) (i) to whom check payments are to
be sent, and (ii) who may be contacted concerning the bank account information
requested below.
(2) The following bank account:information required to accomplish wire
transfers:
(i) Name; address, and telegraphic abbreviation of the receiving
financial institution.
(Ti) Receiving financial institutions's 9-digit American Bankers
Association (ABA) identifying number for routing transfer of funds. (Provide
this number only if the receiving financial institution has access to the
Federal Reserve Communications System.)
(iii) Recipient's name and account number at the receiving finan-
cial.institution to be credited with the funds.
(iv) If the receiving financial institution does not have access
to the Federal Reserve Communications System, provide the name of the corre-
spondent financial institution through which the receiving financial institUtion
receives electronic funds transfer messages. If a correspondent financial
institution is specified, also provide:
(A) Address and telegraphic abbreviation of the correspondent
financial institution.
(B) The correspondent financial institution's 9-digit ABA
identifying number for routing transfer of funds.
(c) Any changes to the information furnished under paragraph-(b) of this
clause shall be furnished to the Contracting Officer, in writing, at least 30
calendar days before the effective date of the change. It is the Contractor's
responsibility to furnish these changes 30 calendar days before submitting
invoices to avoid invoices being returned as improper.
(d) The document furnishing the information required in paragraphs (b) and
(c) must be dated and contain the signature, title, and telephone number of the
Contractor official authorized to provide it, as well as the Contractor's name
and contract number. (OMB Control Number 1510-0050).
. (End of Clause)
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REFERENCE: _S"-//fS,TOC_Cc2-37
?
. 552.232-70(b) PAYMENT DUE DATE (APR 1986) ,
(a) :Payments under this contract, except as provided below Iiip-be due on the
110th calendar day after the later of:
(1) The date of actual receipt of a proper invoice in the office desig-
nated to receive the invoice, or
(2) The date the property, other contract deliverables, or services are
accepted by the Government.
(b) Progress payments will be due on the 310411 calendar day after the Contract-
ing Officer_receives a proper invoice/payment request, which will be payable in
an amount approved by the Contracting Officer. If the Government agrees with
the amount of the Contractor's payment request, payment will be based on that
amount. If the Government does not agree with the amount of the Contractor's
request, the Contracting Officer will try to reach agreement with the Contractor
on an alternative amount. If timely agreement is not possible, the Contracting
Officer will make payment based upon the Government estimate. The term "pro-
gress payments," as used here, means payments made as work progresses under the
contract based upon costs incurred or the percentage or stage of completion.
As used herein, this term does not include partial payments for partial
deliveries accepted by the Government under this contract, or 'partial payments
on contract termination claims:
(c) Final payment will be due on the'-, 30th - calendar day after the
later of: (a)(1) or (2) above, or the equal date of receipt by the Contracting
.Officer of a release of all claims'against the Government relating to this
contract, other than claims in stated amounts that are specifically excepted by
the Contractor- from the release..:: ' ? ? ?
? - ?
(d) The Government agrees to inspect and determine the acceptability of con-
tract deliverables or work completed within 30 calendar days after the date of
receipt of the deliverable or completion of work. If actual acceptance occurs
later, for the purpose of determining the payment due date and calculation of
interest, acceptance will be dgemed to occur on the last day of the above stated
inspection period. However, the Contractor is not entitled to payment of con-
tract amounts or interest.unless and until actual acceptance by the Government
occurs.
. .
-
(e)? If the property, other contract deliverables, or services are rejected,
thelircivisicmg of paragraph (d) ef this clause will apply t5' the date the Con- ?
tractor corrects the defects in the property or services, or the date of actual
reeipt by the Government. of corrected contract deliverables.'
(f)' To be'considered proper; a payment invoice/payment request must satisfy
the requirementg' of the "Invoice Requirements" clause. of this contract. -
(g) For ifie purpose of determining the. date of payment, payment will be con-
sidered to be made the date the check is issued or the date payment by wire
? .transfer is initiated through the Treasury Financial Communications System.
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552.232-71 INTEREST ON OVERDUE PAYMENTS (APR. 1984).
(a) The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 USC 1801) is
applicable to payments under this contract and requirfts the payment to Con-
tractors of interest on overdue payments and improperly taken discounts.
(b) Determinations of interest due will be made in accordance with the provi-
sions of the_Prompt Payment Act and Office of.Management and Budget Circular
A-125.
(c) The Contractor shall,not-be entitled to interest penalties on progress
payments and other payments made. for financing purposes before receipt of com-
plete delivered items of property or service, or on amounts withheld temporarily
in accordance:with the contract (e.g., retainage). The Government shall be .
liable for interest penalties on only the amount of payment past due that re-
presents payment for complete delivered, items of property or service accepted
by the Government.
(End of Clause
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REFERENCE: .5'f/Penr---00,2-37
52.215-2 AUDIT ? NEGOTIATION (APR 1984)
(a) Examination Examination of costs.. If this is a cost?reimbursement,
incentive, time?and?materials, labor?hour, or price7
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 performing this contract. This .
right of examination shall include inspection at all reasonable
times of the Contractor's plants, or parts of them, engaged in
performing the contract. .
(10 Cost or pricing clati,7?I(iluant-tThw, 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 Of 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.
Cc) 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 Federal Acquisition .
Regulation, 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 termination 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
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relating to this contract shall be made available until such
appeals, litigation, or claims are .disposed
(e) The Contractor shall insert a clause containing all the
terms of this clause, including this paragraph (e), in all
subcontracts over f10,000 under this contract, altering the ,
-clause only as necessary to identify .properly the contracting .
parties and the Contracting Officer under the Government prime
contract..
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REFERENCE: 5//,43.-E?QC.92-37
FAR 52.215-22 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA
(APR 1988)
(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 acordingly 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 estimated submitted by the
Contractor; provided, that the actual subcontract price was not
itself affected by defective cost cr pricing data.
(c)(1) If the Contracting Officer determines under paragraph (a)
of this clause that a price or cost reduction should be made, the
Contractor agrees not to raise the following matters as a
defense?
(i) The Contractor or subcontractor was a sole rource
supplier or otherwise was in a superior bargaining position and
thus the price of the contract would not have been modified even
if accurate, complete, and current cost or pricing data had been
submitted;
(ii) The Contracting Officer should have known that the cost
or pricing data in issue were defective even though the
Contractor or subcontractor took no affirmative action to bring
the character of the data to the attention of the Contracting
Officer;
(iii) The contract was based on an agreement about the total
cost of the contract and there was no agreement. about the cost of
each item procured under the contract; or
?(iv) The Contractor or subcontractor did not iubmit a
Certificate of Current Cost or Pricing Data.
(2)(i) Except as prohibited by subdivision (c)(2)(ii) of this
clause, an offset in an amount determined appropriate by the
Contracting Officer based upon the facts shall be allowed against
the amount of a contract price reduction if?
...IT. T. In ?
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(A) The Contractor certifies to the Contracting::.DIficer, that
to the best of the Contractor's knowledge and belief,7the
Contractor is entitled to the offset in the amountreguested; and
(B) The Contractor proves that the cost or pi-icing data were
available before .the date of agreement on the price of the
contract (or price of the modification) and that the data were
not submitted before such date.
(ii) An offset shall not be allowed if?
(A) The understated data was known by the Contractor to be
understated when the Certificate of Current Cost or Pricing Data
- was - signed or- ?
(B) The Goverpment proves that the facts demonstrate that the
contract price would not have increased in the amount to be
offset even if the available data had been submitted before the
date of agreement on price.
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REFERENCE: (//aggi.C.C-0,237
?
52.21-5r.23 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA ?
MODIFICATIONS (APR 1988)
. (a) This clause shall become operative only1*any
modification to this contract involving a pricing adjustment
expected to exceed $100,000, except that this clause does not
apply to any modification for which the price is?
(1) Based on adequate price competition;
(2) Based on established catalog or market prices of
commercial items sold in substantial quantities to the general
public or
(3) Set by law or regulation.
(b) If any price, including profit or fee, negotiated in
connection with any modification under this clause, or any cost
reimbursable under this contract, was increased by any
significant amount because (1) the Contractor or a subcontractor
furnished?cost?or priting ofitta trit?Vi-ke not
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. This right to a
price reduction is limited to that resulting from defects in data
relating to mdofications for which this clause becomes operative
under paragraph (a) above. '
lc) Any reduction in the contract price under paragraph (b)
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 subcontractor 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.
(d)(1) If the Contracting Officer determines under paragraph
(b) of this clause that a price or cost reduction should be made,
the Contractor agrees not to raise the following matters as a
defense?
(i) -2The Contractor or subcontractor was a sole source
supplier or otherwise was in a superior bargaining.position and
thus the price of the contract would not have been modified even
if accurate, complete, and current cost or pricing data had been
submitted;
(ii) The Contracting Officer should have known that the cost
or pricing data in issue were defective even though the
Contractor or subcontractor took no affirmative action to bring
the character of the data to the attention of the Contracting ?
Officer'
(iii) The contract was based on an agreement about the total
cost of the contract and there was no agreement about the cost of
each item procured under the contract; or
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(iv) The Contractor or subcontractor did not fsubmit a
Certificate of Current Cost or Pricing Data.
(2)(i) Except as prohibited by subdivision (d)(2)(11) of this
clause, an offset in an amount aetermined appropriate by the
Contracting Officer based upon the facts shall be allowed against
the amount of a contract price reduction if-
(A) The Contractor certifies to the Contracting Officer
that, to the best of the Contractor's knowledge and belief, the
Contractor is entitled to the offset in the amount requested; and
(B) The Contractor proves that the cost or pricing data were
available before the date of agreement on the price of the
contract tor price of the modification) and that the data were
not submitted before such date.
(ii)---An-offset shall-not-be-allowed if-
(A) The understated data was known by the Contractor to be
understated when the Certificate of Current Cost or Pricing Data
was signed; or ?
(8) The Government proves that the facts demonstrate that
the contract price would not have increased in the amount to be
- offset even_ if the available data had been submitted before the
date of agreement on price.
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52.203-7 ANTI-KICKBACK PROCEDURES (FEB 1987)
(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,.
directly or indirectly, 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-v,
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 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 con-
tract 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, equip-
ment, 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) The Anti-Kickback Act of 1986 (41 U.S.C. 51-58)
(the Act), 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 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 relation-
ships.
rr - 2
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(2) When the Contractor has reasonable grounds t?
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
Department of Justice.
(3) The Contractor-shall.cooperate fully with any
Federal agency investigating a possible violation de-
scribed in paragraph (b) of this clause.
(4) Regardless of the contract tier at which a kick-
back was_provided, accepted,-or-charged under-the ? - --
contract in violation of paragraph (b) of this clause,
the Contracting Officer may-
(i) Offset the amount of the kickback against any
monies owed by the United States under this con-
tract and/or (ii) direct that the Contractor withold
from sums owed the subcontractor, the amount of
the kickback. The Contracting Officer may order
that 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 the latter
case, the Contractor shall notify the Contracting
Officer when the monies are withheld.
(5) The Contractor agrees to incorporate the sub-
stance of this clause, including this subparagraph
(c)(5), in all subcontracts under this contract.
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52.249-4 TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT
(SERVICES) (SHORT FORM) (APR 1984)
The Contracting Officer, by written notice, may terminate this
contract, in whole or in part, when it is in the Government's
interest. If this contract is terminated, the Government shall
be liable only for payment under the payment provisions of this
contract for services rendered before the effective date of
termination.
a-- I -3 o
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REFERENCE
. 52.249-8 DEFAULT. LFIXED?PRICE SUPPLY Aini:sERvIcE), (APR 1980
(a)(1) The Government may, subject to paragraphs (c) and (d)
below, by written notice of default to the Contractor, :terminate
this contract in whole or in part if the Contractor fails to?
(i) Deliver the supplies or to perform the services within
the time specified in this contract or any extension;
(ii) Make progress, so as to endanger performance of this
contract (but see subparagraph (a)(2) below); or
(iii) Perform any of the other provisions of this contract
(but see subparagraph (a)(2) below).
(2) The Government's right to terminate this contract under
subdivisions (1)(ii) and (1)(iii) above, may be exercised if the
Contractor does not cure such failure within 10 days (or more if
authorized in writing by the Contracting Officer) after receipt
of the notice from the Contracting Officer specifying the
failure.
(b) If the Government terminates this contract in whole or in
part, it may acquire, under the terms and in the manner the
Contracting Officer considers appropriate, supplies or services
similar to those terminated, and the Contractor will be liable to
the Government for any excess costs for those supplies or
services. However, the Contractor shall continue the work not
terminated.
(c) Except for defaults of subcontractors at any tier, the
Contractor shall not be liable for any excess costs if the
failure to perform the contract arises from causes beyond the
control and without the fault or negligence of the Contractor.
Examples of such causes include (1) acts of God or of the public
enemy, (2) acts of the Government in either its sovereign or
contractual capacity, (3) fires, (4) floods, (5) epidemics, (6)
quarantine restrictions (7) strikes, (8) freight embargoes, and
(9) unusually severe weather. In each instance the failure to
perform must be beyond the control and without the fault or
negligence of the Contractor.
(d) If the failure to perform is caused by the default of a
subcontractor at any tier, and if the cause of the default is
beyond the control of both the Contractor and subcontractor, and
without the fault or negligence of either, the Contractor shall
not be liable for any excess costs for failure to perform, unless
the subcontracted supplies or services were obtainable from other
sources in sufficient time for the Contractor to meet the
required delivery schedule.
(e) If this contract is terminated for default, the Government
may require the Contractor to transfer title and deliver to the
Government, as directed by the Contracting Officer, any (1)
completed supplies, and (2) partially completed supplies and
materials, parts, tools, dies, jigs, fixtures, plans, drawings,
information, and contract rights (collectively referred to as
"manufacturing materials" in this clause) that the Contractor has
specifically produced or acquired for the terminated portion of
this contract. Upon direction of the Contracting Officer, the
Contractor shall also protect and preserve property in its
possession in which the Government has an interest.
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(f)- The Government shall pay contract price for completed
supplies delivered and accepted. The Contractor4tt Contracting
Officer shall agree on the amount of payment forlmanufacturing
materials delivered and accepted and for the protection and
preservation of the property. Failure to agree will be a dispute
under the Disputes clause. The Government may withhold from
these amounts any sum the Contracting Officer determines to be
necessary to protect the Government against loss because of -
outstanding liens or claims of former lien holders.
(g) If, after termination, it is determined that the
Contractor was not in default, or that the default was excusable,
the rights and obligations of the parties shall be the same as if
the termination had been issued for the convenience of the
Government. -
CIO The rights and remedies of the Government in this clause
are in addition to any other rights and remedies provided by law.
or under this contract.
?
a
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REFERENCE: _.C///aerg-&---7162-"37
52.215-24 SUBCONTRACTOR cosT OR PRICING DATA'.(ApR 1985)
_
(a) Before awarding any subcontract expected to exceed
0100.000 when entered into, or before pricing any subcontract
modification involving a pricing adjustment expected to- exceed
*100,000, the Contractor shall require the subcontractor to
submit cost or pricing data (actually or by specific.
identification. in writing),. unless, the-,price-ls--'
(1) Based on adequate price competition;
(2) Based on established catalog or market prices of
commercial items sold in substantial quantities to the general
public; or
(31_ _Set .hy_law or_ regulation _
(b) The Contractor shall require the subcontractor to certify
in substantially the form prescribed in Subsection 15.804-4 of
the Federal Acquisition Regulation (FAR)- that, to the.-best of its
knowledge and belief, the data submitted under paragraph (a)
above were accurate, comlete, and current as of the date of"
agreement on the negotiated price of .the subcontract or .
subcontract modification.
(c) In each subcontract that exceeds $100,000 when entered
into, the Contractor shall insert either?
(1) The substance of this clause, including this paragraph
(c), if paragraph (a) above requires submission of cost or
pricing data for the subcontract; or
(2) . The substance of the clause at FAR 52.215-25,
Subcontractor:Cost or Pricing-Data- ? Modifications.
?
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REFERENCE: ..C/(P.grCo,797
52.2I5-25- SUBCONTRACTOR COST OR PRICING DATA ---11014F I CAT I ONS
(APR 1985)
(a) The requirements of 'paragraphs (b) and. (c) of this clause
shall Cl) become operative- only for any modification to this
contract involving a pricing adjustment expected to -exceed
$100,000 and; (2) be limited to such modifications.. .
(b) - Before awarding-any subcontract. expected to exceed
$100,000 when entered into, or pricing 'any subcontract
modification involving a pricing .adjustment expected to exceed
$100.000,. the 'Contractor shall require the ? subcontractor to--
submit; castor pricing-data' factually. ?or- by- specifit ...-
identification-: in- writing4-,- unless- the- price-is----r
(1) .Based on adequate price competition;
(2) Based op' established catalog or market prices of
commercial items ?sold in substantial. quantities to the general.
public: or r.
(3) Set by law or- regulation.
(c) The Contractor shall require the subcontractor to certify
in substantially the form Prescribed in Subsection ?15.804-4" of
the Federal-Acquisition Regulation (FAR) that, to the best of its
knowledge 'and belief, ?the data submitted under paragraph (2)1
above were accurate. Complete.- and current as of the date of
agreement on the negotiated price- of- the subcontract' or
subcontract modification. ?
(d) The Contractor shall.: insert.-the* substance of this clause,
including -this 'paragraph (d), in .each subcontract that exceeds
$100,00.0 when entered into.
?
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GENIER/O.
REFERENCE: /09ggEo,23
SERVICE CONTRACT CLAIM
010E1 ?
AmkW,
40
Qantas
t WW1 Oa&Alan. (APR tssq
a 1112334111 lkivanisang it Award .
(Manias 1) (APR 1914
3 Eta 14?211/ Oder a PreCederCe UM MN
62.1111.33
4 u.2334 Praise Mr Amyl WO tile
$ St 21114 Clauses incorporated I*
iftelarence (APR IMO
$ SU 23241 Aotronzed Devistioni or %visions
In dawns (JUL IWO
CDVRATION FAR 62.11124
STAPDAROS
r, '
$22001
CRUM% Not bans%
OFOONOUCT
(APR 1964)
?
12.203.3
Cirstuidas (APO MN)
Covenant Against Condnoort-
II
52200.5
Fees (APR 1064)
10
52.20$4
Conlicts (APR MR
BUT .04.4EFICAN11
522264
Buy Arrartan-Sucobos (APR 1064)
ENYAROPILENT AL
12
112.2234
Clean Air and Waler(APR 1164)
PROTECTION
LABOR STANO/ADS
13
S2222-1
Notice kk Pie Ocrrenwrient et '
Labor *amiss (APR 1064)
14
62.U2-3
Convict Labor (APR 1964)
15
62.2224
Catered Work Hours and Safes
Standards Act ? Omni,*
.
Cornosnsabon General 1996)
(MAR
Eoual Opoortunier (APR 1964)
16
62.222-3S
17
S2.222-36
Nfinnative Action for Soecial
..-
Disabeol arri Yetnern Era
Veterans (APR 11641
Is
52.222-36
Affirmative Acton for Nandicaeoed
Workers (APR 1114)
suisoPaR4cr110
52.2114
Utf1zadon of Sinai &sine=
Corcerna and Serial Disadvantaged
tkoinass Concerns (JUN 1965)
SUISCONTRACTINO
20
522110
Saul Buenas and Sinai
Obadveritaged Business Sub-
contracting Plan (APR low ?
21
52.2t11-13
Utilization at Woman-Owned Small
&erase (APR 1960
22
522304
Ukkzation of Labor Surplus
Area Concerns (APR 1964)
23
$22204
Labor Surplus Area Subcontracting
Program (APA 1964)
GE iitess S16,0aS ACtiemsteefoOft
35-
To CenIrsels
giS2111011
$ 0
1 0
$ 0
$ 0
$ 0
$ 1 C0.000
# 0
$ 0 .
$ 2.500
II 10.M0
1 10.033 .
$ 2.300
$ 10.000
11500.000
$ 23.003
$ 23.000
1300.000
GSA FORM 3504 PAGE 1 {Rev. 11461
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t
REFERENCE: .S(//ogr---c;ico P-3
CATEGORY ?
all CFR
St ?
TAXES
24
22229-3
52 229-5
PERFORMAICE
52.2374
. .
PAYMENT
27
52.232?11
52.232?17
29
52.232?23
552.232-71
. 31
S2.2.15-1 . ' a -.
?
32
. S.52.21340 .
ADJUSTMENTS
33
552.243-70
TERMINATION
34
5.32.20142
OLSPUTES
36
S2.233-1
33
SS2.233-70
-I.
Aeoicaokii
gamma%
Federal. SUN. and Loud Taus
(APR tug
TIANI?Contracte Peionnad Ii
U.S. Poasentione or Paolo Rios
(APR 1944)
Protection et Derienitnen? t SvildInge.
Eaviornent. and Vegetation
(APR Nigel
Extras (APR 1164) ? -
interest (APR 1E00
Assignment at Claim (JAN 1966)
'newest Oft OverdueP
(APR tge) Alt. etAnrkatio
- Examinalion of Rociwds bit -
Cornoirogar Gamed (APR tosq
Examination ot Records 1N OSA
(APR 1900.) ' ?
*. - .- ' u ?
? 'II
? ???
To Contracts
Cluggma
? S 25-000
1125.000
? 0
g 0
? 0
$ I000
$0
$ 10.000
.
1125.=
Pricing al Adiussensnix (APR MO 0
-
Tennnation-Erronecms Racieloontation $ 25.000
Concerning Crimea. Osbanvisn11.
Siaornisons. erat?13etamits (APR 11114)
Dioutee (APR 1934) AH-.
Disoutea-(Usity Conerecal
(APR 1904). ? . .
? ' ?
It
WA CORM 3104 PAGE 2 (sec t1-94)
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REFERENCE: _sy/ifoegre-c--6.7"3
I. Si 122-1-001141TIONS (APR lege)
ifiNerirefiff (C:1 et VA Odds dose net &locos, se coNsfacia 10,
irchitact?eiterwaring tiacid4
441 "Hula al IP* iiierarr Oise cassd -agency heed" al
-Secretor des 214CrOtarf (Or Anoth,/ Ganef*.
Adretiresitator. Governor. ChlOperson. or Ober Owe official. as
ItackroOriets) el the foamy. Inckellng ery dowdy or asoistare
official re Via Wavy. dd. in the Olosnieseit el Odense.
Me Leder Seastere end INT Aiiietaid Socrefary al the
? OioartmwesV lie Msg. Neve. end eh force ant the Director
ard Dewy Dread of Wino Amon; and Ms lene
?Nalhorioad haProbantallig" misers soy person. persold. or boot
loiter VW Ihe Overacting Officer, aulhorised le act tor Os heel
V the sitemAr 61014.17*
Vorkffecline OffIcse meow same ea Pie limilltwity Id
Anew Mts. Idiririatif. entior ? eirminele wows and make
feasted desenrinalcas ard Irdinga The low arcludes certain
affneartwil recinementadves et lie Contracdng Officer acting within
Vie *Ws al tow arena* as delegated by the Contracting
Officer.
IC) &blot se Wharvesl groveled at Me contract the term
"subctmerects- includes. but is not Ilmilsd W. mochas. orders
ard changes and modfficsions Is porches* odors tinder Min
contract.
?
2. 552.20340-4 OVERTISINO OF AWARD (a PA 1964)
(Does not apply to Nay contractS4
The Contractor agrees not to refer to imam in cornmercial
latomliaing in arch a manner es so state or emery lilt Pie
predict or surface Orcriklud to indorsed or preferred by the
'Federal Govenuhant or is cornidOed by the Government so he
superior 10 other prodricts or services.
32.214-2P/32.21S-31?COIDER.OF-PRECEDOCCI
(JAN 1990) -
Any inconsistency In Via eolkitation or contact shall be
resonied by ghleig precedence in fese following order (a) the
UPROAR KR:ludirg the ?Ciscificationlit (b) reoreeentationa and
ocher instruction': (c.). contract ClaRRINI: (d) ROW docUmentl.
eehibita. and attachmentA and (e) fie asecificsions-
4. U.233?3-PROTEST AFTER AWARD (.11iN 196S)
(a) Upon receipt Vs raft* or protest (as defined Si 33.101 _
ot doe FAR) 04 Contacting Officer may. by *rotten order to the
Contractor. direct Me Contractor to stoo performance of Me vivre
called for by this contract. ? The order slue be metrically
identified as a asop-aors order issued under Vie clause. Won
receipt ot the ceder. Me Contractor she immediately comply vraft
Its Isms and take al reasonable steps so minimize the incurrence
case ssocable to the woe ca.di?d by he order during the
period of swore stoppage. Upon meek* of he find decision Si
lie prated. the Contraciirg Calicer well either-
(1) Come the stotlwora order: or
(2) Terminate the Were covered by re order as provided
Si me Oefsue. or Me Termination for Convenience V the
Government. douse of this contract.
(b) I a stop-wore &do' issued urger lid clause is canceled
either before or shot a feral decision in me woad. the
Contractor shall resume Ivo& The Contracting Officer shed
mole an .0%1404 adentrient Si Me delivery scriedule or contract
twice, or both. and the contract Owe be *defied. in writing.
accordingly. 11-
(1) The stoo-viont order resift in an increase in the time
recnored for. or in Pis Contractor's cost property 'Macaws to. the
tierformarice of any pert of this contract and
(2) The Contractor nmests an adiuStmitAt orthin X) days
after me end of me period of wort stoocrasie 04.rded mar 4 me
Contracting -Ceficer decides he faces nate(' IP,* PC60" th,
Contracting tifficer may wawa and act isdon tnot tleutit at any
WPM before tin* Payment under this contract
(c) If a stop-worti order is not canceled and trir area
ccivered by vie order is terminated for the co?iie....ence of the
G?"Innment? the C0'41110004 Ott ice, 0111 1110e.
AletitOtus liont lie Modeort Order 01 Arriving S ths termetation
_
lettlement.
Ed) Is Ittiowrint NOW ali?lt CanCesed and the 'gra
Covered by VW Order iS larminalod 'tar &Nut. ow Contracting
Ohm r ONO We. ? W echritabie ithirstment or otherwise
ressonable Coati resureng from the eloOmorli order.
(e) The Orivernmanre arid le'lenitirdle Ms contract at
any Win We ROL ablicled by Wien Wen Wear Pus tihria.
I. 111.7S2.2-CLAUSES1.140.1004A11(0 et, *crewed/
(APR 1111141 ? -
Tbis Contract Incorporstee Id lolifiming clauses be
Adarence. Met Su Wires Roca end effect as if they rem given in
kg bort Upon rogvait. 94 Cdritracang Otter ad make Mee
Ill Not 'addable.
IFWERAL ACQUISITION REGULATION
446 CPR CHAPTER 11CLAUSES
? (Applicable to Seared lid Contracts.) ?
12 214.21 Autfil.Seeled Bidding (APR IWO)
.42.214-27 Price Reduction for Defective Cod or
Pricing Oeta Modifications, Sealed
'gelding (APR 1963) ?
12.214.211 Subcontractor Coo and Pricing
? Oats ? AilotidiCafione - Seated Bidding
? (APR 1?35)
(l1141cTicribie to Negotiated Contracts)
12.215.2 ? Audit ? **Iodation (4001 1964)
.52.216.22 Pict Reourttior? For Defective Odel or
Pricing Data 'APR IWO
112.215.14 Subcontract*, Cast or Pricing Data
? (APR 1960
S. 632.2S2.6-AUTNORIZEO DEVIATIONS OR VARIATIONS IN
CLAUSES (DEVIATION FAR 52.232.6) (JUL 1985)
? (a) The use in this soticitation Or contract of any Federal
Acquisition Regulation (48 CFA Chapter I) ? Clause with an
flartliorized deviation or variation is indicated by the addition
1DEVIATION)" IVAMATIONr after the date of ow clause. if
Atm clause is not pubashed Si the General Services Administration
Acquisition Regulation (NI CFR Chaffer 2). The use rel thtS
solicitation of any Federal Acquisition Regulation (FAR) clause
verb an authorised deviation or variation that is pubrianal in ow
General Services Administration Acquisition Regulation is
Indicated by the addition or "(DEVIIITON (FAR clause no.))"
-VAS:RATON (FAA clause nor after lie doe of the clause.
(b) The use in MO solicitation of any Genets Services
Aprriiiistration Acouisition Regulation clause with an authorised
deviation or venation is indicated by the addition or
-(0EVIATICeir or -(VARIATION)- after Me daft of the clause.
(c) Changes in wording of provisions Mat we prescribed tor
use on a "substentially me some as" ? basis are not considered
deviation.. Therefore. when such provisions are riot worded
exactly Pie sone as the FAA or OUR .DrOviMOR. IhRY
identified by Ma word "(VARIATION).-
7. 112.203-1-OfFIGIALSNOT TO BENEFIT (A PP 1964)
No member of or defecate to Congress. or resident
commissioner. IMO be 'admitted to any share or Dan al rrwa
contract or to any benefit arising from C. However. this clause
does not apply to this convect to the erten( that MI contract is
triads with a comorstion for Pis corporation's general benefit.
??52.203.3.411ATUIT1ES (APR 1914)
(a) The right of the Contractor to proceed may be terminated
by written nooce 4. after notice and hearing, the agency need Gs
? designs, getertemes that lie Cerereaer. its agent. or eneeief
ireWeeentetive..
(1) Offered or ;aye a gratuity to 9.. an enteneourient
gift) to an officer Oficial. or employee of the Government
(2) Intended, by the gratuity. to potain a conlitcr
fa.iiittle treatment under a contract
(p) The facts supporting this determination May be
by any Ceurt having lawful jurisdiction
GSA PORm 3104 PAGE 3 Mei. 111161
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tr.
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(cli NB COMM! termingast lode, Peragr11011 la) atillinc
Govetement is entlied- ?
(I) To puma Ole ems ielladiee WI in e breach Cit14
contra= aria
(2) St atellen W arty ether damages aroveled by law. to
itemplary damages et not lees lhan 3 nor mare than 10 in
?Ihe cost moored by he C.orwecut ingivins gratuities to he
Person concerned. WI delerifinsd by he aitanct bead if a
designee. (This subparagraph (c)(2) fe sixties** only I We
centrict uses money appropriated 10 the Otwertmete 011 Ostense.)
(d) The tights and remedies 01 14 GOvernment provided in
14 hal not be esclithe and We in addition to any ether
rights ant remedies previded by law or wider his contact.
12.2034--00VENANT AGAINST CONTINGENT FEES
(APR 1984)
(a) The Contactor warnings that no person or Wince tele
been emitted or retained to aolicd or obtain this contract upon
an agreement or understanding for a contingent lee. secant a
bona fule employee or agency. For breach or violation of this
warranty. Me Gouinwnent shag have the right lo annul 1114
- contract without Mbar, or. in its discretion. to deduct from the
contract price or consideration. or ?Mantis, recover. he NI
amount et he Contingent lee. ,
(b) "Eiona Ilde agency." as used in this clause. means an
established comenerciil or selling agency. maintained by a
contractor for the purpose at securing noisiness. that neither
'aorta mot PreOcase OD *cart imOroper nnuence to solicit or
obtain Government contracts ftor holds duff out u being able to
eotain any Ooneffirnent contract or contracts through improper
influence.
-Sots Ade envittes.- es used in his eteuee. means a
person. weeptoyed by a convector and subiect M the ceritactoes
supervision and control as to its. place, and manner of
periorineme. who Miner exerts nor proposes to exert improper
ietuence to *ogee ot obtain (internment contracts nor holds out
as being obis to obtain any Government contract or contracts
? evoucth inwroPer influence.
-Contingent lee.- as used in this clause. Mina any
commission. percentage, brokerage, or other fee that is
contingent upon the success that a person or concern has in
securing a Government contract.
-imOrooter influence.- as used in Ind clause. means any
influence Mat induces or lands to induce a Government employee
or officer to give consideration or to set regarding a Government
contract on any basis other than the meta of the matter
10. S2.2084--CONFUCTS (APR 1984)
(Of* 1005es to utility convent)
To the extant of any kiconsistency between the terms of this
contract ard any schedule. rider, or exhibit incorporated in this
contract by reference or otherwise. or any of the Convector's
eves and regulations. the terms al this contract Waal cOna01
11. 225& 'AMIGA* SCT-IIPPL t ES I
(APR 1984)
(nodes to contracts for services involving the furnishing of
supplies.)
(a) The Buy american Act (41 USC. 10) provides met ow
Government give preference to domestic end products
-Components" as used in this clause. means those articles.
materials. and supplies incorporate:1 directly into the end
products.
-Domestic end product - as used in this clause. means (1) an
uninanufactured end product mined or produced in the United
States. or (2) an end product manufactured in the United States.
the cost of its components mined. produced, or manufactured
it tne united States exceeds 50 percent of tote cost of all its
components Components ot foreign origin of tine same class or
kind as the Products referred to in sutiparagraphs (b)(2) or (3) of
Pus clause snail be treated as domestic. Scrap generated
colieVed. arid prepared for processing in the United States Is
considered domestic. ?
REFERENCE: _57/P8"SC..,e0 2-3
"End produCtil: le weed m Mae Cieuse, Insana hose antes.
inageneei. wW SuPPOWI III be atquitild tot Pitille use triter nue
centred.
(b) The Comte:10r Wei &Aver Only dentesec end produce,.
(1) For see Owilde Me Ural/ SWIM
(2) Thee Me OtIoarnatent Melamine* we not mined.
produced. Or Marlatacasrad in Ow United States an sufficient and
teasonalay medal* eemeriercill Wienedee el a satisfactory
41111041
(3) For elicit lieWong dWermines hat domestic
preterinee would be swereetere with Me public interest or
(4) For ettich Iti letell JMS.n?Its cog to be
enressonabie.
(The terelacifill clallarechente we administered in
accordance eilet &evades Orcier No. 10582. dated December 17.
1084, as amended. ard Subpart 25.1 el he Federal Acquisition
Begteseen.)
?
12. 52.223-2-CLEAN AIR AND WATER (APR 1984)
(Applicable only 1he contract exceeds 1100.003. or he
Contracting Officer has determined het the enters under an
indefinite quantity, Contract in any yew will exceed $100.000. or a
facility to be used Ma been the subject ed a conviction touter the
applicable pOrbein of IN Air Mt (42' U.S.C. 7413(c)(1)) or the
Wafer Act (33 ate. 1310(c)) and is isted by EPA as a violating
facility, or the contract is not otherwise exempt)
(a) "kr Act" se weed in his clause. swans the Caen Air Act
(42 :SSC. 7401 or seq.).
-Olson tur standards." h used in this clause. insane-
(1) Any enforceable nine, regulations, qui:Wines
standards. imitations. orders, controls, prohibitions. wore
practices, or other requirements contained M. issued tinder, or
otherwise adopted under the Air Act or Executive Order 1173e:
(2) An makable imotetnentation Wen as described in
section 110(d) el the Air Act (42 U.S.C. 7410(d));
(3) An approved imeiernentation procedure or plan under
section 111(c) at section 11.(d) of he Air Act .(42 U S.0 7411(c)
or (d)); or
(4) An approved imptementsion procedure tower section
112(d) of he Air Act (42 U.S.C. 7412(d)).
"Clean water standards.- as used in his clause, means any
enforceable limitation. control. condition. prohibition, standard, or
otter requirement promulgated tinder Me Water Act or contained
in a permit issued to a aischarper by the Environmental
Protection Agency or by a State under an approved proses", es
authorized by section 02 of Ma Water Act (33 U.S.C. 1342), or
by local government to ensure compliance wadi pretreatment
regulations as rewired by section 307 ot tine Wow% 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 aooroved by a court of
competent jurisdiction. Me Environmental Protection Agency. of
? an air Or water pollution control agency under the requirements
of the Air Act Or Warm Act and refaced regulations. . .
~Facility." as used in this clause, means any building, plant.
installation, structure. mine ?essel 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. went installation, or structure.
the entire tocation or *de shall be deemed a facility except when
the Administrator, or a designee, of the Environmental Protection
Agency. determines that independent facilities are collocated in
one geograpnical area
-Water Act.- as used in this clause. means Clean wire. cf
(33 USC. 1251 et seq ).
(b) Trie Contractor agrees-
(i) To comply with all INi requirements sr v.v.."' 'Id 30
the Clean Air Act (42 USC 7414) and section 308 er
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Water Act (33 U.S.0 1316) relating to inspection. monitoring.
entry. reports. and ..inlontiation. as wee as other requirements
emceedNI Section 114 or section 336 of the Air Act and the
water Act, arid all regulations anti weeklies issued to kndernent
Voss acts before the award 0114 contract
(2) That ro portion d lii work reauired by this prime
contract wall be performed in a facility tisted on Me Erwiranniental
Protection Agency LIM 01 Vkiisting Facilities on the date when
asis Contract was awarded Wein arel tonal Ito EPA eliminates
lie nwne of the facility from lie listing;
(3) TO use best efforts to comely with cio* r stargiarea
and dean wet standards at Ma twiny in which the contract is
being perfornied: and
(4) To insert the substance of Otis clause into any
reeferce subcontract including MO subparagraoh (b)(4).
13. S2.222-1--NOTICE TO THE GOVERNMENT OF LA904
DISPUTES (APR 1954)
Moss not amity to utility contracts)
(a) If Me Contractor has knowledge that any actual or
potential labor dispute ia delaying or threatens to delay the timely
performance of this contract. Me Contractor shall immediately
give roam kiduding al relevant ir/ormation. to the Contracting
Mew.
(b) The Contrackor agrees to insert is substance of this
dame. indicting this parsons* (b). i Inv subcontract 10 which
a labor dispute may daisy Me Wooly perfot-nance of NS Central*
freCeld that each subcontred Man Orovioe that in Me event its
timely performance is delayed or threatened by delay by any
actual or potential tabor depute, the subcontractor shall
immediately notify the next higher der subcontractor or the prime
Contractor. as the case may be. of all relevant information
concerning the dispute.
14. 52.222-3?CONVICT LABOR (APR 1664)
The Contractor agrees not to *moan any Osman itoder9oriell
sentence or imprisonment in performing this contract except as
Orovided by II U.S.C. 4082(cK2) and Executive Ceder 1755.
December 29, 1973.
IS. 12.222-4--CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT-OVERTIME COMPENSATION (MAR 1966)
(a) Overtime Requirements. No Contractor or subcontractor
contracting for arry pan of Vie contract work vAtich may require
or involve ate empininent d laborers or mechanics (see Federal
Acquisition Regulation (FAR) 213C0) shell require or pent* any
such laborers or mechanics in any vrortvreelt in which the
inetiviclual is employed on such work to work in excess al 40.
bouts in such workweek wtiess wadi laborer or mechanic
receives compensation at a rale not less than 1 1/2 times Ihe
basic ram of pay for IS hours sported in excess of 40 houto in
such wattweek.
(b) Volatiatc liability for unpaid wags*: liouidatect damages.
In the event of any violation of the pronsons set forth in
paragraph (a) a this deuse. Ow Contractor aott anY
subcontractor reationeible therefor it be table for the unpaid
wages. In addition. such Contractor and subcontractor shall be
rode to the United States (in Me case of work done under
contract for Ohs District d Cokonbia or a territory. to such Oistrict
or as such territory& for liquidated damages: Such llooldaMd
damages shall be computed with respect 10 each individual
laborer or trodierric employed in violation of the proons set
forth M peragraph (13 al Via clause in the sum Of $10 for each
calendar day on whit* such intinidual was required or permitted
to watt in excess of the standard workweek of 40 hOurS without
payment of the overtime wages umpired by provisions set teeth in
ttioregratel (a) at this clause.
(c) vtithhoidine for unpaid wages arel rettridased daniegos
The Contracting Officer WWI upon his or her own actiOn Or worm
wrelen request of an authorised trepreeentative of the Department
al Labor Menotti or cause to be witriheld. from any monallt
Whet* in aCCOirld Td nark Performed by Me Contractor or
suocontractor under any such contract or any whet Fedoras
-contract 'nth the semi Prime Contractor, or any ?ow Feu/arty.
misted contract subject to Me Contract Wort Hours and Safety
_standards act %mkt is nett by Me UM Prime Contractor. such
sums as may be determined to be necessary to satisfy any
looarties. of such Contractor or subcontractor for unpaid wages
etid liquidated dameges as winkled in Me proveiOna set forth in
paragraph (b) of this clews .
Payrolls anti basic records. ;(1) The Contractor or
subcontractor shag maintain payrolls and basic Devoe records
-during tie course of contract work and she mune them for a
paned of 3 years from the eompletios of the contract for all
laborers and mechanics working on the contract. Such records
shall contain the name anti address of each such employee.
social security number, correct clusifications. hourly rates it
wages paid, daily anti weekly number of hours marked.
deductions mad*. anti actual wages paid. Nothing in this
paragraph shoe require the duplication of records required to be
maintained for consvuction were by Department of Labor
regulations at 29 CFR S.titao(3I implementtrig the OtrarrElacon Act.
. (2) The records to in etarntoned under paragraph (d)(1)
of Ihis Ouse shad be made MIAOW by the Contractor or
subcontractor for inspection. copying, or transcription by
authorized reoresentatives it the Contracting Officer or the
Department of Labor. ? The Contractor or subcontractor shall
permit such representatives to inteniew employees during
sparking hours on the lob.
(e) Subcontracts. The Contractor or subcontractor shall insert
in any subconvacta the PrOwili3n11 let WV% in WE/rat/ha (a)
trough (a) 01 mar douse and abo a clause requiring the
subcontradors to include these provisions in any Surer her-
sugeontrpcm The .Prime Contractor shell be responsible for
compliance by any subcontractor or low tier subcontractor with
Me provisions set forth in paragraphs (4 through (a) of thee
dame.
is. S2.222-211--EOUAL OPPORTUNITY (APR 1994)
(a) I. during any 12-rnwei period- (incledng the 12 months
preceding Ile award al MI contract). Me Contractor has been or
is awarded nonexernd Federal contacts and/or subcontracts that
have an aggregate value in excess ci $10,030. the Contractor
Vial comply with suboartreaOhil (bK1) Waugh (11) below. Upon
request. the Contractor Shad provide infortoadonLriecessary to
determine the 100liCsallier 0114 clause.
(b) During performing this contact. Me Contester agrees as
follows:
(1) The Contractor shed nal discrioninmea against any
erredelell'er applicant for employment because alk reqL color.
reigion, sere..or national origin.
(2) The Contractor shall teas affkmetive action to ensure
me %applicants are employee, end that employees are treated
during employmenL Mtiout regard to Voir race, color. religion.
sex, or national origin. This sheet include. but not be ignited to.
()employment, (ii) upgrading. (it) thleobee- 00 transfer. (s)
recruitnient or recruitment advertising. (in) Hyatt or termination.
rates of pay or odor tonna of compensation. and (via)
selection for training. including actorenticsahip.
(3) TM Contractor shall post in corm:cum' pieces
available to employees and asoficants tor employment Me notices
to be provided by the Contracting Officer that explain this clause_
(4) The Contractor shall. to MI solicitations or
advertisement for erndoyess placed by or on behalf of the
Contractor. state Mat all qualified aooticants me receive
consideration lot 'motormen( without repaid 10 race. coke
religion. sex. or national origiet ? ?
(5) fhe Contractor slue sent to sock tebor union or
representative of *Oaten with which 4has a collective %mtge....we
erernent or other contract or unclermanding. Me notice to se
Provided by the Contacting Cwicer advising the tabor union ai
workers' reoresentatipt of me Contriceses contMetffient, trftlat
INS COMAS. and post codes of Me notice in ainsocuuus
meltable to employees fed 1100ficooto for elvldierlient
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(8) The Gontractor comet, with Executive Order
11346. as amended. and the rules. esginetions end orders 01 the
Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency
an information required by Executive Order 11246. u emended.
- and be the flies. regulation.. and oreers of Vii Secretary of
Labor. Stindant Form 100 (EEO-fl. or any successor tom. is
Vie prescribed fonn to be filed vislhin 43 days following the
award. tints= Med within 12 months preceding the dais of award
(11) The Contactor Shall permit access to ile books.
records. and accounts by the contracdng agency or the Ohne of
Federal Contract Candling Pregnant* (OFC) for .hie purpose
of investigation to ascertain the Contractors compiance with the
aocifigble rine& regulation& and orders.
(9) * the OF OCP determines that the Contractor is not in
cornoliance with this clause or any nols. regulation. or order of
the Secretary of Labor. this contract may be cenceied.
terminated. or auspened in whole or in pan arid the Contractor
mil be declared iislloli for Ounrier Government contracts.
? under the procedures authorised in Executive Order 112441. as
amerded. In addition. serrations may be invoosad and remedies
invoked iraainet the Contractor as provided in Executive Order
11248. as amended. Ilitt AM& regulations. an orders of the
Secretory of Labor, or as attuseuriss Droned by law.
(10) The Contractor shall inchme the arms arid conditions
of subparagraph (bX1) through 011 at Ihis clause in every
subcontract or purchase order that to 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 biriling upon each subcontractor or vendor.
(11) The Contregx shall take such action viral respect to
any subcontract or purchase order ea the contracting agency
may direct as a mean ci ardorcing these lense and condition&
eraluding semitone tor nancomarsancc provided. SW I this
Contractor becomes inwohed in or as threatened vie% litigation
with a subcontractor or milder as e'reent of any direction. the
Contractor may request the United States to enter into the
itigation to protect the interests of the tinned Stales.
(c) Notwith.standing any other douse in the contact. dismiss
?Native to Vie clause vidi be governed by the talicitharee in 41
CFR 00-1.1.
17.32.222.35-AFFIRMA1IVE ACTION FOR SPECIAL
OISABLE0 ANO VIETNAM ERA VETERANS (APR 1944)
. (a) Oefinadons.
-Aoxopriase office ofthe State emprayment WA:0 tryStem."
U used in this clause. means the local office of tha redetal?Stais
national system of public einoloymer* ?Mole eill9nt4 tosioni
Pie area where the employment opening is to Ise fleet including
Vie District d Columbia. Guam. Puerto Rico. Virgin Wanda.
American Samoa. arid des Trust Terribry of die Pacific hands.
-Openings that Wee Contractor prpposes to is from within its
Own Ottani:Aden: as imsd in this clause. means empioyment
ovenaras for which no one onside the Contractor's organ:cation
(including any affiliate& subsidiaries. and the Went companies)
wet be considered and includes any openings that the Contractor
proposes to is from reguLerty establish 'Vogt' ists
-Opening lhat dee Contactor stooges to is wider a
customary and traditional Onotoyer.union hiring arrangement. ? as
used in evis cisme. mew ernoloyment nrrenin9i 'Mt Ihn
Contractor ProlratmeU GO from union Mits. under Inair
customary and traditional entdoyer-union hiring relasilnehra
-Sunenid erndoyment o4 ripe" as used in eirs claims-
(1) Include& but is not limited U. menage that occur in
jobs categorized se-
(i) Production and nonproduction:
Plant end attic&
(ii) Laborers and mechanic&
(iv) Supervisory end nonsuperveory.
(v) Technical: end
(vi) Executive. administrative. and prolestional position
compensated on a salary basis al less than 47S CM a feer end
(2) Includes fuLtime employment. temporary emcsoyment
rd Over 3 days. and parttime employment. but net openings that
the Contractor worries to 14 from within its own organication or
wet a customary . and .?Iradibonal employer-union hiring
arrangement. nor commove in an educational institution that are
restricted 10 Studenti 01 Mat ingitution.,. . ?
(b) Genera (I) Peginian9 any lineation kw which the
employee or apoticerit tor employment I Qualified. the Contractor
Shall not discriminate against the iservideral because die individual
is a special disabled or Vietnam Era veteran. The Convector
agrees to take affirmative action to emploe advance it
eingnoyment. and otherwise teat quismied special disabled and
Vietnam Era veterans without discriminadon based upon their
disability or veterans' statm in all enratornent practices such U'
(I) Employment
(ii) Upgrading;
(m) Oenimon or trans's:
(iv) Recruitment
(v) Advertising-.
(w) Layoff or ierminabOn. '
(vii) Rates of gay or other forms cd compensation: and
(vii) Selection for training, including apprenticeship
(2) The Contractor agrees to comply with the rules.
regulations. ard relevant orders di the Secretary a Labor
(Secretary) issued order the Vietnam Era Veterans' Readjustment
Assistance Act d 1972 (the Act). as amended.
(C) lilting openings. (1) The Contractor agrees o kit all
seeable employment openings existing st contact award or
occurring Gunn contract conformance. d an NraroOriate Office ci
the State employment service system in the..iocality where die
ooening occurs. These openings include lige occurring at any
Contractor facility. including one not connected with performing
NS contract. An indedendent corporate affiliate is exempt from
Viii reouiterrient
(2) State arid local covernmant agencies holding Federal
contracts of 910.000 or more shall also list all their suitable
ognings wits the sopropnate office of the. State erriptoyment
service.
(3) The listing of suitable emoloyment with !ha
Stale employment service system to required it to concurrendy
with using any other recruitment source or effort and involves the
.obligations of placing a bona fide job order. including accepting
referrals 01 veterans and nonvetetens. This listing does nqt
now, hiring any par6cisar job sodicant or hiring from any
particular group of job applicants and as not intended to Wien
Pie Contractor from any reguiremente of Esecuthei orders or
regulations concerning nondiscrimination in employmeet. ?
(a) Whenever the Contractor becomes contractually bound
to the listing sew d this inause.? it shall advise the State
employment service system in each Stet& where it has
establishment& of the name ard location of each hiring location
in the State. As long u the Contractor is contractually bound to
these lama and has so advised the Stale system. 4 Med not
edWee the SUM Itretent al subsequent contacts. The Contactor
may advise the State Ityillein when it is no longer bound by Ns
contract clause. - ?
(5) Under the meet COmpildtrig? circolsetemee. an
gotolerrient opening may nOt be suitable for Siam including
situation when (i) the GoveirwhenCe needs cannot reasombly be
supplied. cal listing would be contrary to Nationia waxily, or (iii)
Vie requirement of lng would not be in Vie Government's
wooed.
Id) oraplicabaity. (1) Tres clause does not acrotvlo the %Wind
04 strooklosent openings anicti OCCUI Sod ars Mad outside the
SO states the Distract of Columbia. Puerto Rico Guam. Virgin
Islands Airwincen Samoa and the TAM forreory of the PeCdiC
felons
(2) The Weis 31 paragraphs (C) Odra di this clause 3o
not moil to openings that See Contactor proposes to Ill from
within
is organitiltion or weds, a"stestorsarv anti traditional
*moor*, uniun hiring arrangement. This exclusion dors not
*soy to I Daiuevtar opening -once en ernprayer deCdOS
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consider eopicanti oirtede of el own organization or employer-
whip% arrangement tor Mat mening.
(e) Postings. (1) The Contractor agrees 10 owl ernelornent
reitices Stating (I) OS Contractors obligation under Vie "kw to
tate affirmative action M orreaoy and advance ii employment
Qualified Itecial disabled veterans and veterans of Me Vietnam
ere. and (a) ad rights of applicants and midterms ? ?
(2) These notices Mal be posted in conspicimas places
Mat we available Is enteloreell and Wks^s for grn01?)4Tis"e?
They Mel be in a form onescribed by the Oireclor. CMGs of
Federal Contract Complance Programs. Department of Labor
(Director). and provided by or through Ile Contracting Mew.
? (3) The Contractor Mee realty each labor union dir
recresentative of workers with which It hes a col4clve bargaining
agreement or other contract undentarding. ihat lie Contractor is
bound by the germs of the. Act. and is committed Is tale
?affirmathe action to -amid* and advade M emoloyment.
Quatified medal diesbled and Vietnam Era veteran&
(t) Noncompliance. 11 lie Contreetor does not essivsply nen
V40 requirements of the Clem. appropriate actions may ae Wen
unSer Pie noes. reputations. and tolerant beers of the Sweeter,
imered pursuant to the ea.
(g) Subcontractb The Contractor Mel inckide the tonna of
Mis douse Ii awry twbcontract or mochas* order of 110.023 or
more erases mtempsed by nies. regulations. or cedars of the
Secretary: The Contractor Mal act Ale ebsbifial by To Director
Is enforce the Senna. inctoding action tor noncontomanco.
IS. 32.222.36-wARISINATIOLACT4011*POR NANDICNIPEDI
WORKERS (APR 1104)
(e) Denera. (I) 14017a0loS any Polito% ko ofuldi Vie
moor* or agaticare for eimitoyment is atiarlid. Me Contractor
anal not discriminate affirm any erneloree or alladir-em alma*
of physical or envoi hen:kelt. The Contractor egress ao bee
affirmative action to imam Wren= ii eirolormem oro
?elands* tea Qualified hardicadOed individual' without
discrimination based wailm Mar Orrteicei or merest helelltell ii
employment practices such ea.,
(1) Employment
(1) 0003redieg:
(ii). Demotion or banter:
(Iv) Recruitment
(v) Advertising:
(.4) Layoff or terminstion.
(vie) Rahn of pay or emir forms of compensation; and
?
(vi) Selection for training. including sperenticashio.
(2) The Contractor agrees to convoy with Its rules.
regulations. and relevant orders of Me Secretary of Labor
(Secretary) imbued voider the Rehabaitation Act of 1173 (21
RIX (the Act). as emended.
(b) Postings. (1) The Oherecter agrees to post endaerrent
notices stating (I) Me Contractor's obligeson under the law as
lake affirmative action Is entelOy arel advance di employment
Quaker/ otioar-eatied Irdirkluala sad (ii) the rights ofatiolicanis
and ernoktyeeb ? ?
(2) These imams Mal be mead in conspicuous IS
met we martable as etreloyese and awakenso for mnoloyment.
They anal be lat 'a bbla arescreted by Ms Director. Cam of
Federal Convect Carnelian?, Programs. Cisoanment of Labor
(Director). and provided by or through eve Contracting alicar.
(3) The Contractor alma reify each Mbar WIWI Or
'sermonisers of graders mei whichI Ms a collective bergamot)
agreement or &nor contract understardirm. mat eve Contractor is
bowed by the Series of Section 503 of the Act and is committed
to tate anirrnathe action Is emptoy. and whams in ontalormer4
auatiriaa physicely and ~telly handicapped indirdisela
(C) Navernokante. I EV CentraCtor does not Cam* mil
ple radurernents of this dews. actoroodate actions may be Wan
iiivier Vie rues. reputation& end relevant orders of Ihe Secretary
awed birsuant to the Act.
(d) SubcontracM The Contractor Mall include the Writs of
1114 Clew** in every subconarsct et Purchase *Oa ii n?Cnin of
12.500 unties *tempted by ruts& regulation& or ordem 01 Ilse
Secretary. The Convector shall act as soecifind by eve Director
- ? to enforce the isms. air-Wing action lorlioncomdiarice.
It UTILIZATION OF SMALL BUSIIIEIrCONCE- ANS AND
SMALL DISADVANTAGED suptgss coNceaNs
(JUN 1911S) r- ? :.?AntiO?zr..--.1:- ???
(a) it is the ;clay of Me United4States Met small business
,concerns end IMO business ConCenti*Ined and Miontr011ed by
? socially aria acasamicaly disathentagedIrdividusts dial have the
maxim" practicable opportunity te ciarlicipate hi performing
- contracts let by any Federal agency. including contracts and
- subcontracts for subsystems. essembies. components. and misted
? goyim* for meta Mame. Itis hinter lie policy of the United
2:Statos that its prime contractors seteblish procedures to ensure
Vie emelt, 011ymant of amounts due pursuant to the terms of Moir
?Stitcontrecta mat email business concerns and small baandie
- concerns owned and controlled by eocially and economically
disadvantaged irdhdva
(b) The Contractor hereby agrees 10 carry ovt 115 Oak" in
Me (twanging of subcontracts to Ms Meet extent consiskwit with
? efficient contract performance. The Contactor further agrees to
?cooperate in any swags or surreys as may be conducted by line
? - United States. Small Starnes Adminharation or ese awarding
agency of the UMW States as may be nacoaaanY to determine
1111 extent ti Vie Contractor's corm:Once with this claim. ?
44 As aged M this contact. Me term "small business
concern" shall mem ? 'smell business as defined purmient to
Section 3 of the Small Business Act and relevant regulations
. promuigated pursuant thereto. The lam "amid business concern
owned and controlled by socially ard economically disadvantaged
.individuals" WWI awn a salaa business concern- .. -
(I) Which is at least Si percent owned by one or more
socially end economically disadvantaged intilvidualt or. in me
case of any publicly awned business. .at lead SI per centum of
the Mock of valid+ is owned . by one or: more sociallyaM,
economically direcivantaged individualx Orel ? ? .
(2) whom management and daily buskin' operations we
controlled by one or mon of such indiviivialt
The Contractor Mel presume Met socially and
economically disadvantaged individuals inclide Maris Americans.
Hispanic /Misdoing. Native Arnentena. AsenPacdic Americana.
Asien?Indien Americans and other minorities. or any ether
individual found to be disadvantaged by "the Administration
pursuant to Section Ilal of the Smell Business_AcL
(d) Contractors acting sr (pod faith may golf on written
?deoresentations by Moir subcontractors regarding their status as
either a sense business concern or a and business toricervi
aimed and contraltod by socially and economically /advantaged
ircrnidualb
30. 112.2111?11.ISMALL BUSINESS AND SMALL
DISADvANTAGEO BUSINESS SUBCONTRACTING PLAN
(APR 10114)
(a) This clause does not apply to small business taverna..
GO "Commercial product." as used in this Meuse, mews a
? ',edict in regular ?reduction that is said In substantial evannnes
to all Wane public andlor industry st established catalog or
amend prices. also Mena a Oradea forbid% in MS Manion of
the Contracting Officer. Ohre only insigniticeney Orem She
? Conuectoes commercial product.
"Subcontract." es teed in Mb dem& means any agreement
(other Man one irwohine an einployerendloyee relationship)
emoted iners by Federal Goverment Vim UMW?, or
subcomactor Wing for lueelise or senical maim/ roe
perforroance of the contract or subcontract.
fc) (Negotiated contracts.) ThS 0,11101. 40001% request by the
Corwactrig Deicer. Mel submit and itegoliale a Subcontracting
alas. anere.seuScelle. which addresesS Moans* subcontracting
lona and laranen taverna end seta digadventagid business
concerns. and Mich Mal be inctuded In and odds a oad of otia
resultant contract. The subcontracting Men seal be weeorirvd
Within eV tine lataned by Me Cenaratine Officer Paiute to
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submit and negates VW SubcontrOcline 1001 snail mass tne
offeror ineligible for avian at a contract.
(Smiled bid contracts.) The apparent low bidder. upon
fewest by Me Contracting Officer. she submit a subcontracting
plan, where appricab4. which addresses separately subcontracting
with. small business concerns and anise disadvantaged business
concerns. me *rich Will be included in and "made Oen ol die
resultant contrect The subcontracting Man Will be submitted
within the time specified by the Contracting Officer. Failure to
submit the subcontracting ptan shall make Me bidder Indic/die for
Ms award of a contract.
(d) The offeror's subcontracting Man shall inckele VW
101/owintr
(1) Goats expressed in -terms of percentages of total
penned subcontracting dales. for the wee of will business
contents owl assil disadvantaged business concerns its
subcontractors. The offeror shall include all subcontracts Mat
contribute to contract performance. and may include a
proportionate sham of products and services Mat are normally
&located as indirect oasts
(2) A seemed of?
(9 Total dollars planned lo be subcontracted.
(ii) Total dollars planned to be subcontracted to will
business contents and
(Si) Total donate planted to be
subcontracted lo will disadvantaged business
concerts
(3) A description of the minciall ntass of euivgkol and
services 10 be subcontracted and an identdication of Ms types
roamed for subcontracting to (i) will business concern and (ii)
small disadvantsoed business concerns.
(4) A description at Me method used to denims Ora
subcontracting pools in (1) above. ?
- (5) A description of the method used to identify potential
sources for sciellation popsies (e.g.. misting company 00unte
loft.- Vol Procurement Automated Source System (PASS) of the
Sing Business Administration. Ms National Aimorfty Purchasing
Council Vendor information Service. Ms Research and Indentation
division of Me Atinority Business development Agency in Me
Oesseroment of Commerce. Or small arid men disadvantaged
business concerns trade associations).
? (g) A statement as to whether or not the offeror included
Maroc* costs in establishing subcontracting goats -and a
description of Me method used to doiermine vie propoilioness
Mars of indirect costs to be incurred with (i) small business
concern said (ii) small disadvantaged business concerns.
(7) The risme of the individual employed by Vie offeror
vAvo will administer Me offerors subcontracting program; and a
description of the duties of the individual.
(e) A description of Me afore She offeror will man So
assure
that said business concern and small disadvantaged'
business concerns have an equitabis *apeman:iv ID compete for
subcontracts
CA Assurances that Me offeror ..4 include Me clause in
mis contract untitled -1Jblizatton at Small tidiness Ceverns and
Smas Disadvantaged Business Concerns* in al adulterate Mat
offer further subcontracting ?0000ttunitiss. and Mat Die abiro,adl
requireii sitcontrectors (except who business concern) who
receive subcontracts vi mess of 1500.003 (11.000000 for
construct:an of any public laciest to Wept a plan ID Ike
plan agreed to by Me offeror.
(10) Assurances diet the Offerer w4 (1) C0001wit; vi
any saevs or surveys as may be mound. (M) submit 00(1004
reports it order to 'Pow the Gcnernment to desornins ms sawn
of compliance by ths offeror imilh Vie subconrectirms ear%
Submit Standard Form (SF) 29e. SutcorearacOnfl Amor) bel
Individual Contracts. and/or Si 2101. Summary Siditonract
bitoort. in accordance with ths instruction on lhe forms and Oil
ensure that its subconsraclore agree lb submit SiOndo'd roma
294 and 295. ?
(11) A reCibffien Of the types Of records the offeror we
maintain SO demonstrate procedures Mat have been Wooed to
comely won die rectimiernems and .gosas -in are man. inciuoing
establishing smote kw and a description :01 its efforts to Soule
. small and saran disadvantaged business concerns and **ad
'104000ntrocti to Vow. The records Will isick?S? at east Me
-following (on a plant.vnie Co.:-Cornigerty-ine basis. vole's
OthOrroWe joaCOWV): -?-. .
Scott* WO. 4000011. and other data that await
will and and disadvantaged business concerns.
OrganitatiOne contacted in an anima to total*
emotes that are Small or small disadvantaged business COMOlott
(ii) Retools on each subcontract solicitation resulting
in an award at more than S1(110.000. indicating (A) whether small
biding' concerns 008nt soticitsed and if not. why not. On
whether
will disadvantaged business concerns were satiated
and if not, why not, and (C) 1 applicable. tha reason Sward was
-not made tea small hams= concern.
(iv) Records of any outreach efforts to contact (A)
Wads associations. (11) business development orgenicatinne. an
(C) conferences and trade fairs So locate small and small
disadvantaged business sources.
(v) Records of internal goodSoCe and encouragement
Provided to buyers Mrough (A) workshops. 'winos& trioniq.
etc.. and (8) monitoring performance to evaitsals comptiance watt
le Program's requirements.
(v9 On' a coritract-breoritract basis records to
-suppool award data submitted. t,die offeror to gra daverivnee.
-including this name. address.. ? .arid business site of secn ?
subcontractor. Contractors having caorpary or diveitsconde
annual plans need not cones' with dtifi requirement
(e) in order to effective/ implement this plan to the edam
consisiont wilt efficient contract performance. Me Contractor
Will perform Ms fotbouring functions. -
(1) Assist smell business Sol .ontal disadvantaged
tidiness concerns by arranging Solicitations. -erre for the
preparation of bids. ?quansties. elecfficatlione. and dissent
echeduias so We Ise-Mats ther participation by such concerns
Where the Contractor's lists of 00100011 mai business and snag
disadvantaged subcontractors are massively long. temorWt0e.
Oat Shall be nide lo give al such small business concern an
opportunity to compete over a period at time.
(2) Provide adequate and lkoOty.? coMidotation Or Ms
potentialities of arnall business and lone disadvantaged business ?
contents in all "make-or-bur decisions ?
(3) Counsel and discuss subcontracting opportunities rm
reprnantatives of small said sing disadvantaged business time.
(f) A maser subcontracting plan on a Mare or division-wide
basis which contains all the elements required bp- (d) above.
except goals may be incorporated by reference as al Dart of the
Subcontracting Otan required Of Me offeror by iris clause:
provided. (I) the master plan hes been araormed. (*the colony
provides copies of Me wormed miser plan and evidence at its
aoorovel to As Contracting Officer, VW (3) goals Win mrf
deviations Inn he master plan deemed notoreary by mo
-Contracting Officer to satisfy the requirenerist of this contract ad
set forth in she individual suocontratting Man.
WOO If a commercial oroauct S offered. Vie subcontracting
plan required by Mrs clause may relate to the offoroell Production
generally. for bah commercial- and noncommercial products.
nthe than sassy to lie Gousrnment contract. In Mese cases.
the eerie shag. men Ma concurrence of the Conirscling Officer.
Submit one coffelinviide Or: Ovistion-ivide amen pleff. ?
(2) The onewol plan Will be reviewed for annival by Me .
agency awarding Ms offeror its arse prime cataract reouirieg a
Subcontracting Man during Me bent year. Or Or an agency
SitiStOCtOr, 10 the coreacene Omar.
(3) Tne Wormed Olen stem mum vi elect during Me
offerors fiscal yew her at at lie ewer's conwhomie products
(h) Prior compliance of the Offeror wee other seri
subcontracting Olen wider Menus Contracts Mg be considered
by Ibe Convecting Officer ii deteresning Ihir resporiebility of mit
OntrOt for award of Ms Contract
11- I? *2
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9) The failure cif le Contractor or airocontrector to Canals
in 9000 lath with (t) the Nauss of this contract entitled
-Utilization at
$mell Business Concerns and Snell Disadvantaged
ause'ess ConCerni." Or (2) an 600roved plan required by thee
clause. shall be a materiel breach of the contract.
21. 32.219.13-UTILIZATION OF WOMEN-OW=eMlL
BUSINESS 644104.900f-CAMat St.) S.
me
who are
the busies&
-Control.- as
to mete policy
-Operate." as teed
invohled A the day-to-dal
-(b) It is lie poScy of Vie
small beinesses shed
to participate A
agency.
(c) The
eseetert
sing the power
means being actively
of the business.
Staten that eromen-owned
max m practicable opportunity
contracts ded by 'any Foetal
actor agrees to use its be one es vv.
small businesses the nexinerrit acticaole
So participate in the subcontract it aw the
extent consistent Met the efficient pertonnance
? 22 S2.220.3..UTIItZATION OF LABOR SURPLUS AREA
CONCERNS (APR I984
44) Andlicabaity. This clause it spericable d ewe contract
exceeds the appropriate small purctese iinmation et Part 13 bf
Me Federal Acquisition Regulation.
(b) Policy. It is the policy at Me Government to sward
convects to concerns that agree to perform substantially in labor
surplus areas (I.S.41) wilen this can be done consistent with the
efficient performance of Vie contract and at prices no nialtar than
ere obtainable 'nowhere. The Contractor agrees to use its best
efforts to piece subcontracts In accordance with this policy.
(c) Order of preference. In conveying with paragraph (b)
stove and with paragraph (c) Ci the clause al this contract
wetted Utilisation of Small Business Concerns and Small
Disadvantaged Business Concerns, the Contractor shall observe
. the Wowing circler of preference in awarding subcontracts: (1)
'small business concerns that are LSA concerns. (2) other small
businers concerns and (3) other ISA concerns.
(0) Oefinitione. -Labor surplus area.- as used A this elites.
Roam becograolical area identified by the Osoartment ol Labor
is acconlaree with 20 CFR 654. Subpart A. as an area of
Concentrated iinetnolOymOnt Of underemployment or UN area of
tabor surplus.
-labor "undue ansa concern:* es used A this dame. means
? a concern Met together with iht first-tier subcontractors wil
Perform substantially in tabor Surplus wets. Performance is
iirbstantially in labor surplus areas 4 Vie costs incurred tinier the
contract on account of rnanidacturino. prachaction. or
performance Ci loproortate services in labor surplus areas
exceed SO percent of the contract once.
23. 52.220-4-LABOR SURPLUS AREA SUSCONTRACTING
PROGRAM (APR 1954)
(a) See tha Utaization of Labor Serene Area Concern* datele
of this contract for aceficalste definitions.
(0) The Connector egress 00 estabgsh and conduct a programs
to encourage tabor surplus area (LSA) careenns to compete for
sufscontrace within Molt comb:fides mownme oubcontrocht Ore
consistere with the efficient performance of the contract at prices
at no higher Men obtainable eteewhers. The Contractor
shall-
(1) Designate a teem ?mow limo we (i) maintain liaison
with authorized rooresentathee of fie Government on LSA
matters. cii) supervise compliance with the Unfisation of Labor
Seagate Arts Concerns clause. arid (le) ficirmnrater me
Contractor's labor auttikis NOS ItitiCeints*Oling Diagram:
(21 Provide adequate and timely consaltration Of the
OciNndafitiet of ISA concerns A all max* oiOvy decisions.
13) Ensure mat ISA concerns have an eaeiteete.
ooportuivty to commie for subcontracts. .perticularty by a/Temente
soticitations. time for the prioerstion offers. Quantities.
:specifications. end delivery schedules so' as to facilitate the
oeilicipabon of LSA concern
(4) Include the Utoisstion Of Labor Surplus Area Concerns.
clause A subcontracts that offer .eutistantial LSA subcontracting
000orturtibee: and
(3) Maintain record' showing the procedures edisoted
and (1) the Contractor's performance. lo comply with this clause.
The record* wIt be MIX eveilene for review by the Government
until the expiration of 1 year atilt the award of this convect or
for such longer period as may be niquired by any oder clause of
18 contract of IN =West:ft taw or regulations.
(c) The Contractor *further agrees to inert is any milted
subcontract that may exceed S603.000 and that contains the
UtMsation of Labor Surplus Area Concerns demos. terms that
centrum suostannally to Me tongue.", of this clause. inr.luding
this oaragrent (o). ano to notify me Contracting Officer of Me
names of subcontreCtOre.
24. 52.229.3.410ERAL.STATE.ANOLOCALTAXES
(APR 1984)
(Does not toory?to utility contracts)
(s) "Contract date." INS used in this Claus.. means the date
sat ter bid Opaniera or. If this is a negotiated contract or a
modification, the effective date of Ude contract or modification.
"As applicaole Federal. State. and focal taxes and duties.- as
? used in this clause. means all taxes and duties, in effect on the
contract dila. that the taxing %Went?4 imposing are eettecting
on the transactions or protterty covered by me contract.
-Atter-imposed Federal ex." as used et this ctause. means
any new or iv:Mosel Federal excise tax or duty, or tax that was
exempted or excluded an die contract date but whose exemption
?wes later revolted or reduced during the contract period, on the
transactions or property covered by this contract that OW
Contractor is hOuirad to Pay or bear as the Noun of lett;Mative.
judicial. or administrative action taking effect after trio contract
data. it aces not include social security tax or other employment
ttiaOS ?
"Afterieleved Federal tax." as used In this clause. Mina
any amount of Federal asCilialts or duty, except social security
or other emaioyinent taxes that would -otherwise have been
Oliyabitt on the transactions Or property covered by this contract
but which Me Convector is not required Is pay or bear.- dr for
sitlich OW Contractor obtains a refund or drawl:40. OS OW result
Ot legislative judictat or administrative action taking effect atter
die contract date.
(e) The convict once includes an applicable Federal. State.
and local taxes and dirties.
(c) The convict ? Price shall be increased by the amount of
any after..mposed FOciefil tax. provided the Contractor warrants
in wnting that no amount for such ntrody emceed Federal excise
tax or duty or rate increase wee included A Vie contract price.
Its a contingency reserve or otherwise.
Id) The convect once shall be idealised by 'he onwatrra Ci
are after.retieved Federal bot.
(a) The Contract once Wee be decreased by the amount 01
any Federal *seism tam or duty. except social security or other
erntetrrilern tame Mat the Contractor is required to Owl of bear.
or does not obtain a retard Of. Waugh MO Contractors fault.
negligence. or failure to Wow. Astructlare 01 .1ho Contracting
Officer.
(f) No adjustment shell be made- in the contract vice +mid*,
Ifis clause souses the amount of Vie acTerstmenl exceeds $100.
(g) The Contractor anal prone*, notify Vie Convecting
Officer of ad matters *elating So any Federal excise tax or duty
Mat reasonably nue be ***KIWI to Mutt in enter an inCiltasit
or decrease in the contract price and shall SAC appropriate
?Cdon as the Contracting Officer directs.
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(Is)- The Government Mal. without Mobley. furnish evidence
appropriate to twat,* ezemotion from any Feder at State. or
local to.. when the Contractor reeves* such evidence and a
reasonable basic testa to sustain the ereemobort.
25. 52.229-5-TAXES-00NTRACTS PERFORMED IN U.S.
POSSESSIONS OR PUERTO RICO (APR l084) ? :
(Does not aoply to utility contracts.)
The term -local taxes." as used in be federal. State and
Local Taxes clause at this contract *chafe Imes imposed by a
possession of tie United Stales or by Puerto Pico.
25. 52.237-2-PROTECTION OF GOVERNMENT (BUILDINGS.
EQUIPMENT. ANO VEGETATION (APR 191141
(Applies when services are performers on Government
installation.)
The Contractor shed use reasonable can to avoid damaging
existMll StratinGla. otteionient. and ',potation on the Government
instaiadoh If the Contractor's failure to use reasonable care
causes- damage to any of this property. 'ate Contract*, wise
replace or mei, the damage at no expense to the Government
as be Contracting Officer directs. . I the Contractor fails or
refuses
to maks such repair or replacement. the Contractor shall
be Sabi* for eis cost. which may be deductad from the contract
price.
27. 52.232-11-EXTRAS(APR tette) I
Excite as otherwise provided in this Contract no payment for
extras snag be made unless such extras arid be price therefor
have bean authorized in writing by the Contracting Officer.
26.12.232-1 7-INTEREST (APR 1$114)
(a) Notwietstanding any ether clause of Mis COntleCt. aM
am:moils that become payable by the Contractor to the
Government tender OW contract (net of any Itpcskable tax credit
- tinder the Internel Revenue Code (26 U.S.C. 1461)) *at bear
*hole interest from Me date due veldt paid unless paid within 30
days of becoming duo. The interest rate shall be the interest
rale established by the Secretary of the Treasury as provided ii
Section 12 of the Contract Disoutes Act of 187S (Public Law 9E0
563). which is apPicable to be period in wfich tie amount
becomes due. as provided in paragraph (b) of this claims, and
ben at be rate appicatte for each six-monde period as fixed by
the Secretary tenet the amount is pod.
? (p) Amounts shad be dim at the emSest of the Wowing
.dates.
(1) The date fixed order this contract. ?
(2) The date of lie Seat written demand for payment.
consistent with this contact including any demand resulting from
a default termination.
(3) The date the Government transmits to the Contractor a
proposed Supplemental agreement- to confute competed
negetiatione este:As/Wig the amount of debt
(4) I the contract provide' for revulies Of Once& the date
of written notice to the Contractor Mating Me amount of refund
Obable in connection with a pricing proposal Of a negotiated
Pricing agreement not confereed by contract auxlification
(C) The interest' Owego made tender be clause may be
reduced woks Ma procedures prescribed in 32 614.2 of the
Federal Aceuisition Reguladon in effect on be date of this
contract
?
2e. 52.232-23-ASSIGNMENT OF CLAIMS LOAN 111661
(a) The Contrector. weir the Assignment of Claims Act. as
amended. 31 U.S.C. 3727. 41 U.S.C. IS (hereafter **erred to as
tie -the Ater). may assign its Ogles 10 be part oniounts due or
-to become due es a result at the 0*de/ethane.* oil Mei comrset to
a bank. trust company, or otter financing institulion. includinp
any Federal lending agency. The amines order such an
assignment may Member hatter assign or reamer* Its nght
tontif the original assignment to any type of financing mssitution
described in the preceding sentence.
? ? (b) any assignetutte or reasaignmint authorised softie. me Act
arid this ciause shall cover MI unpaid amounts payable under thrs
contract. and shall not be made to more Man one pipty trcetil
mit an assignment or realignment may be made to one party as
*gem or trustee for two or more penes participating in the
financing of the contract "
(ci The Contractor shall -not or disclose to an,
Sia4see under be contract any Classified document (including
Vii. contract) or MI onneoon related 10 work under' the contract
until the Contracting Officer authoress such action in writing.
33. 552.232- 71- INTEREST OR Tatum PAYMENTS
(APR 1984)
' (Doss not sooty to contracts tar utility services that include
provisions for tate payment charges established by tare, or State
regulatory commissions-)
(a) The Prompt Payment Act. Public Law 97.177 (96 Stat. 115.
.31 U.S.C. isoi) is applicable to Orients under this contract and
Muir* be payment to Contractors of Mares* on owertue
payments and improperly taken discounts.
(b) Determinations of interest due we be made in accordance
with the provision al Si, Prompt Payment Act and Office of
Management end Budget Grew's, A 429
31. 52.215.1-EX AMINATION OF RECOROS SY COMPTROLLER .
GENERAL (APR 1964)
(a) This Pause ? &pokes if eentrect exceeds $10000 and
use entered into by negotiation
(b) The Comoros*. General of Me United States or a duly
authorized representative front the General Accounting Office
%?? Wee 3 years after final Payment under this contract or for
any shorter snood specified ii Federal Acquisition Regulation
(FAR) Subpart 4.7. Contractor Records Retention, have access to
and the right to examine any of Me Contractors trim* pertinent
books. documents, papers, ce ober records involving transections
related to this contract
(c) The Contractor agrees to include in first?der subcontracts
under this contract a clause to the effect that the ComOtroller
' denote or a duly authorised reoresantathe from the General
Accounting Office matt until 3 years attar final payment under
the subcontract or for any Monet period specified in FAR
Subpart 4.7; have access to and the right to examine any of the
Subcontractors directly pertinent books. documents. MOWS, or
other records involving vansections tome to the subcontract.
**Subcontract." as used in this clause. excludes (1) purcnase
-orders not exceeding 310.030 met (2) subiontracte or purchase
orders for public utility services -at rates a:stab/shed to *poly
uniformly to Me public, On any appiicabie reesonabie connection
charge. ?
(d) The periods of access arid examination in paragraohs (b)
and (c) above for records relating 10 (1)- appeals under Vie
Oisputes clause. (2) litigation or settlement of claims arising from
the performance of this contract. or (3) costs self expenses of
this contract to wftich the Comproser General or a duly
authorized reoresentative from the General ACCouneng Office has
taken exception snag continuo sad such SoCillath
Paine, or exceptions are diseased of.
(a) The Contractor anal insen a clause containing all the
Wm of Me craws. inciuding this paragraph (e). in aS
subcontracts am, 110.030 under this contract, altering the clause
Only as nocesiorY to *entity Oreceny be contracting partite and
me Contracting Ceficer undo. the Governmsed pries contract
32 552.215.70-.EXAmiNATION OF RECORDS a? GSA
(APR?11.64)
(Does not eoofy to utility contracts.)
The Convector egress that Me Adminierstor of General
Solaces or any of his duty authorized representatives shall. Iowa
be expiration of 3 teen after final Memo' ends' this contract.
or of the ems periods tor lbe particular records specified in
&Open ? 7 of me Federal Acauisition Regulation KB CFR 4 71
? an11cN1.41, elates earlier, have access to and the night to
examine any books. documents.. OaPerh sftd *cords Of I"
Contractor **Owns irensections related to this contract or
comp:ence wet any Chkeeith IhOrOtOrder. The Convector %other
agrees to include ii at he subcontracts hereunder a orovision to
efle?cl bat IOW .11AIMIWOCtalr apneas that be Administrator If
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General SWAN* or ant 411 his duly authorized reoresenleeves
die& tine ths expiration el 3 years elm final pernent under the
eubcontred. or al Irte One period* kir Me particular records
specified in Subpart 4.7 d lhe Federal Acoudition Regulation (MI
CFR 43), enichever excites earlier. hews access le and the girl
to examine any books. documents. payers. end records of such
subcontractor. involving transactions reamed to the subcontract or
compliance with any clauses thereunder. TM term *subcontract"
as used in this clause excludes ge3 Purchase orders no,
exceeding $10000 and (b) subcontract& or marchase orders for
OtrOfie eddy services at raise established for uniform appficability
to Me Genera pubik.
31. 532.243?70-PRICING OF ADJUSTMENTS (APR Igge)
(loas not booty to Welty terereCte)
When costs we a factor in any determinatiOn of a contract
Price adiustment pursuant to Me -Changer clause Or any other
clause of Ws contract. such costs stud be in accordance with
Vie cowed cog arinCialee and procedures in Part 31 el the
Federal Acquisition Regulation (4$ CFR 141) 111 effect on the
date 01 14 convect.
34. 1152.209-72-TERMINAT1ON ? ERRONEOUS
REPRESENTATION CONCERNING CRIMES. DEBARMENTS.
SUSPENSIONS AND DEFAULTS (APO 1984)
.(13oft not ad* to %neer convects/
The certification regarding previews crimes. debarments.
suspensions, and defaults contained in Me reoresentstion and
ceroficadon preon 01 this soficiteeen is a material
reareelenta000 et fact won ettich the Government reties when
ensiling award. 11 It is tater determined Oist the certification urea
erronseue. in addition to ether tentedies available 10 Ms
Coci.rd Vie Govenuwent raterves ihe noht to terminate for
Maid Orircartirset resulting front Me solicitation.
3:1.. 52. 233%1 DISPUTES PR 19541 (Atte mate 1)
(a) This contract I subject to the Convect Diemen Act el
197$ (41 U.S.C. 001413)0m Ac). -
(0) Except as provided in Ms Ace. ea disoutes wising under
Or relating to Ns contract shall be resolved under this Clang.
(c) "Claim.- as used in this claus& smarts a %widen demand
or ...linen assardort by one d Me contracting parties seeking. as
a matter of tight. 14 0Ornen4 of money in a certain sum. Vii
144.011rnent Or ilelergeetteon et conduct terms. or other Meet
arising under or retedng to this contract. A claim arising under a
contract. vreilue a claim relating 10 141 contract. kJ a etaira
can be reached under a contract clause Mat provides for ad
refief sought by the dainiant. Howtwor. a *Intim 68~0 or
%mitten essertion by Me Contractor seekin' g 14 Myrikliu monde
exceeding $50000 is not a dim under the Act and certified as
reQuirld by OubDeragreah (d)(2) Odom. A voucher. invoice. or
other routine regwests for Dernent that is not m dispute when
submitted is not a dein %oder ed A. Thi sibinisaark twoy be
convened to a claim under irn Act- by sondlyirq weli the
reeeffilesion and certificetion rettivernents 0114 clause. it 4.,
disown: saner is is Oat**, to amount or is not tested moon en a
reasovise?e Wm.
WOO A Cie" by Me Contractor viall be made m wirmng ono
submitted to the Contracting Officer (or-a written CIOVIVA. A
owe by the Govorninent QIliet owtontractor.snall be subject
to a written &teethe:1(1'bl Me Contracting Officer.
(2) For Contractor claims ,-,:siiceeding $50.030. iie
Connote: shall submit with the ctaire i_cenificadon mat-
Ii) The claim is made in 90414 lift ?
-CO Supporting data its accurate and complete to mo
bast al She Contractoecknowtedpe and belief: and
(ii) The amount rosuested accurately reflects the
contract adjustment for *Mich the Contracdf believes the
Government is Sabi..
(3)(1) 11 the Contractor is an individual. Vie certification
IMO be executed by that indiwdusl.
(i) if the Conoactor 4 not an euthithist. 14
-certificadon IMO be eseeweedbp-
(A) A senior widen, inficial in chores at the
.Coneactee dant or location invoved or
(e) An Wow or general portrait of Me Contractor
tuning overal t0000reitokity for Me condi/et el the CorereCklell
affair& ? ?
(*) For Contractor claims ot $30.033 or km 114 Comment?
Officer nurse. if remission in wrg by the Caiitractor. reeds, a
decision within SO days of the 'quest For Corwsbow.bojoheo
claims over $50.000. vie Contracting Officer must. with 60 days.
decide me clam or notify me CofteeCtor el Vie date by which
Pie dedliOn i4 be feed*.
41) m? Contracting Officer's de:oa 'Mad be final unless che
Convector Soma* or Mos a suit as provided in the ea. ?
(9) The Government shall pay lusted on the amount found
due and wiped front (1) Me date die Contesting Officer receives
Me claim (Prootirly Certified I roauemli. or (E) the dawr 0eIrme^1
edienwite would be dim. I Met date s tater. until the date of
payment. Simple interest on dailwe Owl be paid at the rate
axed by Id Secretary of Vie Treawity IS provided in the Act.
which is apdiicable to Me period during %which Vie Contracting
Cerise, MOMS the dein and then at the .rate aoplicable for
each 6-month period as fixed by Me Tressury=a0wring
the perclency of Me claim. See. rioin-?
(hi
of this conrsect west 'or relief.
Oven. L.' COMP?
311. 1152.233?70-DISPUTES (UTIUTY CONTRACTS (APR 11184)
The recniirernente 01 Me Disputes clause at FAR S2.23341 are
sioceendreed le provide Mat matters involving the interpretation
of retail nngs. rate schedules. tariffs. riders. and twee rotated
were provided under this contract ard conditions of sent. we -
subject to the jurisdiction and regulation of the inky rale
commission having jurediction
GSA 110040 3504 FAG( 11 VW. hut
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REFERENCE:
ATTACHMENT TO GSA FORM 3504
21. 52,219-13 UTILIZATION OF WOMEN-OWNED SMALL BUSINESSES (AUG
1986)
(a) "Women-owned small businesses," as used in this clause,
means small business concerns 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.
"Small business concern," as used in this clause, means
a concern including its affiliates, that is independently owned
and operated, not dominant in the field of operation in which it
is bidding on Government contracts, and qualified as a small
business under the criteria and size standards in 13 CFR 121.
(b) It is the.policy of the United States that women-owned small
businesses shall have the maximum practicable opportunity to.
participate in performing contracts awarded by any Federal
agency.
?
(c) The contractor agrees to use its best efforts to give women-
owned small businesses the maximum practicable opportunity to
participate in the subcontracts it awards to the fullest extent
consistent with the efficient performance of its contract.
(d) The contractor may rely on written representations by its
subcontractors regarding their status as women-owned small
businesses.
30. (continued): 552.232-71 (Alternate I) .(APR 86)
(c) "The Contractor shall not be entitled to interest penalties
on progress payments and other payments made for financing
purposes before receipt of complete delivered items of property
or service, or on amounts withheld temporarily in accordance with
the contract (e.g., retainage). The Government shall be liable
for interest penalties on only the amount of payment past .due
that represents payment for complete delivered items of property
or service accepted by the Government."
35. (continued): 52.233-1 (Alternate i)(APR 84)
(h) The Contractor shall proceed diligently with performance of
this contract, pending final resolution of any request for
relief, claim, appeal, or action arising under or relating to the
contract, and comply with any decision of the Contracting
Officer.
i?zt6
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?
PART. III.
SECTION J
LIST OF DOCUMENTS, EXHIBITS, AND OTHER
ATTACHMENTS
The iolun6 inchided lit th.1.4 Settion 3 mat
be pitepcuted lit ait olticsinat. and 3 copie6
o6 each, and be Au.brnated tai.th pax
ptopo4at.(4).
III ?J
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gr-f-e-izerice: 5/(PSY&----arc62_37
CONTRACTOR'S QUALIFICATIONS AND FINANCIAL INFORMATION FORM APPROVED OMB NO.3090-0007
SECTION ?GENERAL INFORMATION
1. NAME AND ADDRESS (Sattet, Cit. State and ZIP Code) 2. TYPE OF ORGANIZATION
Ia. LOCATION OF BRANCHES (Spaeth. City and Samar)
SOLE PROPRIETORSHIP
PARTNERSHIP
CORPORATION
OTHER (Specify)
Z. DATE ORGANIZATION ESTAB- STATE OF INC(R)RATION at
LISHED applicable)
-
3. KIND OF BUSINESS
MANUFACTURER
RETAI LER
JOBBER
CONTRACTOR
WHOLESALER
OTHER (Specify)
4. OWNERSHIP INFORMATION ? GENERAL PARTNERS ? PRINCIPAL STOCKHOLDERS ? PARENT
NAME
TITLE (If Director so state)
16 BUSINESS OWNEC
5. NAME AND ADDRESS OF PARENT (If aPialeable)
6. KIND OF PRODUCT OR SERVICE PROVIDED
SECTION II ?SUPPLIERS AND BANKING INFORMATION
1. PRINCIPAL MERCHANDISE OR RAW MATERIAL SUPPLIERS (Not less than 5)
NAME
TELEPHONE
NO.
CONTACT
PERSON
ADDRESS '
(St/et CVO, and ZIP Cods)
AMOUNT
NOW
OWING
LARGEST AMT
OWING PAST
12 MONTHS
.
I.,
. .
I
2. BANKING RELATIONS (Including Finance ComPariles)
3. ARE YOU NOW N. OR PENDING 0 AULT ON ANY OBUGATIONS TO BANKS OR OTHER FINANCIAL INSTITUTIONS?
0 YES 0 NO at l'7213..'otoolde detailed information. Section V27. Remarks on PAS, 4)
EF
4. PROSPECTIVE CONTRACTORS FINANCIAL AR RANGEMENTS (Check appropriate boxes)
A. USE OF OWN 1-7 8. USE OF BANK
RESOURCES LJ YES NO CREDITS 1-1YES 0 NO
C. OTHER (Specify)
SECTION III ? GOVERNMENT FINANCIAL AID AND INDEBTEDNESS
2. EXPLAIN "
1.TO BE REQUESTED IN CONNECTION WITH PERFORMANCE. ANY YES" ANSWERS TO ITEMS 1. I; and c
OF PROPOSED CONTACT (Check)
YES
NO
a. PROGRESS PAYMENT
? b. GUARANTEED LOAN
c. ADVANCE PAYMENTS
3. FINANCIAL AID CURRENTLY OBTAINED FROM THE GOVERNMENT
a. IS GOVERNMENT
FINANCING BEING
- RECEIVED BY YOU
AT PRESENT?
0 YES.' 0 NO
COMPLETE trEms BELOW ONLY IF ITEM. IS MARKED "YES"
b. IS LIQUIDATION
CURRENT?
c.. AMOUNT OF UNLIQUI-
DATED PROGRESS PAY-
MENT OUTSTANDING
$
DOLLAR AMOUNTS
(a) AUTHORIZED
(b) IN USE
?
1. GUARANTEED LOANS
$
$
DYES NO
_ ..:-. t".1 n mr,r-mor-Innn17pnnnR1I1I1)1n003-6
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LAASI I HACT NOS.
4. INDEBTEDNESS TO THE U.S. GOVERNMENT ? DELINQUENT (OMB Circular A-129)
4a. LIST THE GOVERNMENT AGENCIES INVOLVED - ? 4b. SHOW THE APPLICABLE CONTRACT NOS.
1. BALANCE SHEET AS OF
SECTION IV ? BALANCE SHEET
, 19
FISCAL YEAR ENDS
.19
ASSETS
Current assets
Cash and short term cash investments
Accounts receivable, less allowance for doubt-
ful accounts of
Inventories
Other current aunts atembel
Total Current Assets
Property. plant and equipment
Land
Buildings and equipment
Leasehold improvements
Less accumulated depreciation and amortization
Teed property. plant and equipment
Other Assets
Investments in and advances to affiliated company
Goodwill, less amortization
Due from officers, employees
Other (itemize)
To other assets
TOTAL ASSET $
LIABILITIES AND OWNERS EQUITY
Current fiabitities
Accounts Payable
Notes payable (current)
Current portion of long term debt
Accrued Onenses
Accrued taxes on income/emcees Welts
Other current liabilities (Iternize)
Other liabilities
Mortgages
Bonds
Deferred income taxes
Other icing term debt-
Total Current Liabilities
Total other liabilities
- .TotelliabilIties
Minority interest in subsicfiary
Stookholder/owners equity
Preferred Stock
Common Stock
Additional paid-in capital
Retained comings
. Lass Treasury stock
Total stockholderv/owners equity
TOTAL LIABILITIES
ANO OWNERS EQUITY $
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/ I 0.c.c....o;."--.37
2. INVENTORY VALUATION METHOD (Check)
0 FIFO 0 LIFO 0 AVERAGE COST 0 OMER (SPecilY)
a - PAsr
DUE
ACCOUNTS
ACCOUNTS
PAYABLE
4. CONTINGENT UARILITIES
ACCOUNTS
RECEIVEABLE $
5. JUDGMENTS OR PENDING SUITS
et "yes" co:plain on Page 4)
nyes n No
6. HAVE YOU OR ANY OF YOUR AFFIUKES EVER FILED FOR
BANKRUPTCY? W YES, PLEASE EXPLAIN IN SECTION VII OF PAaE 4.
0 Yes 0No
7. (DANS SECURED ETV COMPANY'S ASSETS -REAL AND PERSONAL PROPERTY
. -
SECURED PARTY
(a)
SECURING ASSETS (Specify by balance sheet category) .4.-.5,1tDUE
(b) "'
DATE
(C)
MONTHLY PAYMEI
(d)
.
.
,e...
? '
'
(e) Are any of the assets shown on the Balance Sheet pledged, mortgaged or otherwise hypothecated, except as stated above? 0 `its 0 f%
If "yes" explain on page 4. If applicant Is a partnership or sole proprietorship, are the individual liabilities of the proprietor(s) for Federal a
State income andlor excess profit taxes included on the balance sheet? 0 .Yes 0. Na. If "no" what is the total liability?
SECTION V INCOME STATEMENT
1. FROM
.19
2. SALES BACKLOG AND SALES FORECAST
Net Sales
COST AND EXPENSES
Cost of products and seiViC811 sold excluding
depreciation and sunortization
Depreciation and Amortizelon
Setting, general and administrative expense
Interest Expense
Other expenses (itemize) -
Minority interests in earnings of subsidiaries
Total costs and expenses
EARNINGS BEFORE TAXES ON INCOME
- Taxes on income
Income before extraordinary items
Extraordinary gains (losses) net of taxes
NET INCOME
CATEGORY
(PRIME AND
SUBCONTRAG7)
? ANTED
CURRENT DOLI.AR ADOMONAL DOLLAF
BACKLOG OF SALES FORECAST
SALES FOR NEXT 18 MONTH
GOVERNMENT
b. COMMERCIAL ?
1?L
$
3. When financial statements are prepared or certified to by
Independent accountants and transcribed to this form, please
furnish the name and address of accountant or accounting ffrm.
Name
Address
Cfty, State and Zip Code
If transcribed statements differ from Independent accountants,
please describe adjustments.
1. CONTRACTS IN FORCE
SECTION VI? CONSTRUCTION/SERVICE CONTRACTS INFORMATION (PBS ONLY)
LOCATION
(a)
OWNER'S NAME AND ADDRESS
(I))
BRANCH OF
WORK (c)
CONTRACT AMOUNT
OA
% COMP.
(e)
EST. COM
DATE (f)
- .7-Zr
?
?
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LOCATION
OWNER'S NAME AND ADDRESS
BRANCH
OF WORK
CONTRACT
AMOUNT
AMOUNT
SUBLET
_
.
,
.. -.
_
- NAME
TELEPHONE NO.
CONTACT PERSON
ADDRESS (Street. at,. ZIP Code)
4. CHECK PROPER BOX (Explain each "YEr' loader Remarks)
A. HAVE YOU, DURING THE PAST TWO YEARS BEEN CHARGED WITH A FAILURE TO MEET 7'HE CLAIMS OF YOUR SUBCONTRACTORS OR
SUPPLIERS?
' DYES NO
B. HAS YOUR APPLICATION FOR SURETY BOND EVER BEEN DECUNED?
DYES [:=1 NO
SECTION VII ? REMARKS
t-. REMARKS (Cite those sections of the form relating to your remarks. If additional space is required attach additional sheetli).
?
CERTIFICATION
For the purpose of. establishing financial responsibility with or procuring credit from the General Services Administration. we furnish the
above as a true and correct statement of our financial condition on . 19 ? -and further certify that all other
statements are true and correct. There has been no material change in the applicant's financial condition since the date of the above state-
ment. We agree to notify you immediately in writing of any materially unfavorable,change in our financial condition. in the absence of such
notice or of a new and full financial statement this is to be considered as a continuing statement
NAME OF BUSINESS
DATE
BY pp:nature of authorised official)
TITLE
ci Prir-MAC-02:3 ?7
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umt3 No.
?????????? ? ? sr-11v ? ? ? sow??????? ? ? ?????? .#.JF-& JVCfl oricc I -5//pgjeig2.-37
NOTE: This form is used in contract actions if sutrniuson of cost or pricing data is resulted. ace FAR 15.8114-15(01).
9000-0013
Ajyo.AOOAESS OF OFFEROR yinciude ZIP Coded
3A. NAME AND TiTi,E OF OFFERORS POINT
OF CONTACT
38. TELEPHONE NO.
4. TYPE OF
CONTRACT ACTION (Cheek)
A. NEW CONTRACT
D. LETTER CONTRACT
B. CHANGE ORDER
E. UNPRICED ORDER
C. PRICE REVISION/
REDETERMINATION
F. OTHER (Specify)
5. TYPE OF CONTRACT (Check)
0 FFP 0 CPFF 0 CPIF
0 FPI 0 OTHER (Specify)
7. PLACE(S) AND PERIOD(S) OF PERFORMANCE
CPAF
6 PROPOSED COST IA ?13.C1
A. COST
B. PROFIT/FEE
C. TOTAL
8. List and reference the identification. Quantity and total once proposed for each contract line item. A line item cost breakdown supporting this recap is re
-
(Wired unless otherwise specified by the Contracting Officer. (Continua on reverse. and then on plain paper. If necessary. Use acime headings4
A. LINE ITEM NO.
8. IDENTIFICATION
C. QUANTITY
D. TOTAL PRICE
E. REF.
r
. ,
9. PROVIDE NAME. ADDRESS. AND TELEPHONE NUMBER FOR THE FOLLOWING (I( avaikible)
A. CONTRACT ADMINISTRATION OFFICE
B. AUDIT OFFICE
10. WILL YOU REQUIRETHE USE OF ANY GOVERNMENT PROPERTY
IN THE PERFORMANCE OF THIS WORK? (If -Yea," adentIlY)
DYES [3 NO
11A. DO YOU REQUIRE GOVERN-
MENT CONTRACT FINANCING
TO PERFORM THIS PROPOSED
CONTRACT? (If "Yes," complete
Item 115)
DYES fl NO
118. TYPE OF FINANCING Wong)
El ADVANCE n PROGRESS
PAYMENTS PAYMENTS
GUARANTEED LOANS
12. HAVE YOU BEEN AWARDED ANY CONTRACTS OR SUBCONTRACTS
FOR THE SAME OR SIMILAR ITEMS WITHIN THE PAST 3 YEARS?
at -Yes... identify Demist. customer(s) and contract situmber(s))
YES DNa
13. IS THIS PROPOSAL CONSISTENT WITH YOUR ESTABLISHED ESTI-
MATING AND ACCOUNTING PRACTICES AND PROCEDURES AND
FAR PART 31 COST PRINCIPLES? (If 'Wee," captain) ?
YES DNO
14. COST ACCOUNTING STANDARDS BOARD ICAS81 DATA (Public LAVA 91.379 a' amended and FAR PART 30)
A.WILL THIS CONTRACT ACTION BE SUBJECT TO CASS REGULA- B. HAVE YOU SUBMITTED A CASS DISCLOSURE STATEMENT
TIONS? (if 'Wee.'" captain in proposal) (CASH DS-1 or 21! (If **Yes.- specify in proposal the office to which
submitted and If determined to to adequate)
0 YES 0 NO 0 YES El NO
C. HAVE YOU BEEN NOTIFIED THAT YOU ARE OR MAY BE IN NON.
COMPLIANCE WITH YOUR DISCLOSURE STATEMENT OR COST
ACCOUNTING STANDARDS* Of Yea explain th PrOPOMI)
DYES DNO
D. IS ANY ASPECT OF THIS PROPOSAL INCONSISTENT WITH YOUR
DISCLOSED PRACTICES OR APPLICABLE COST ACCOUNTING
STANDARDS?(If -Yes," explain In proposal)
YES DNO.
This proposal is submitted intetnia to ihe RFP. contract, _modification. etc. in Item 1 and reflects our best estimates and/or actual costs as
of this date and conforms instructions in FAR 15.804-6(b) IV. Table 15-2. By submining this ptoposal. the offeror. if selected for
negotiation. grants the contracting officer or an author-iced ntpresentatiye the right to examine, at any _time before award, those books.
records. documents end other types of factual information. regardless of form or whether such supporting information is specifically ref-
erenced or included in the aromas! SS the basis for pricing, that will permit an SCMCMStlieveluation of the proposed price.
1S. NAME ANO TITLE (Type)
lb. NAME OF FIRM
U.. SIGNATURE
14. DATE OF SUBMISSION
P4SN 7S413-01-142-41166
?? 1. CPO. tsat-tai.ist.e.s%
1411-102
31E- .7"--5
STANDARD FORM 1411 (REV. 7.17)
PniKKbeel by GSA
FAR (44 CFR) 53.215-2(c)
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REFERENCE: 5'.1//6.8rEa-00(2-37
PART IV.
SECTION K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
IV?K
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REFERENCE: ?_5/MgYECt0c2.17
PART IV
SECTION L
INSTRUCTIONS, CONDITIONS, AND
NOTICES TO OFFERORS
IV?L
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-
SOLICITATION PROVISIONS
(Negoliated)..
FAR 52.215.5-SOLICITATION DEFINITION: (JUL 87) 6. FAR 52.215-9-SU8MISSION OF OFFERS (APR 1984)
"Offer" means "proposal" in negotiation. (a) Otters and modifications thereof shall be submitted ir
"Solicitation" means a request for proripecpteirrrenFIFP) orna sealed envelopes or packages (1) addressed to the attic(
request for quotations (RF
Q) in negotiation.
specified in the solicitation and (2) showing the time specified fel
mans United States vernment. receipt, the solicitation number, and the name and address of the
2. FAR 52.215-13-PREPARATION OF OFFERS offeror.
(APR 1984) - OTHER THAN CONSTRUCTION (b) Telegraphic offers will riot be considered unless authorized
(a) Offerors are expected to examine the drawings..specifica- by the solicitation; however. offers may be modified by written of
tons. Schedule, and an instructions. Failure to do so will be at telegraphic notice if that notice is received by the time specdied
the offeror's risk, for receipt of offers. -
(b) Each offeror shall furnish the information required by the (c) Item samples. if required, must be submitted within the
solicitation. The offeror shall sign the offer and print or type its time specified for receipt of offers. Unless otherwise specified in
name on the Schedule and each continuation sheet on which it the solicitation. these samples shall be (1) submitted at no ex?
makes an entry. Erasures or other changes must be initialed by pease to the Government and (2) returned at the sender's re.
the person signing the offer. Offers signed by an agent shall be
accompanied by evidence of that agent's authority, quest and expense, unless they are destroyed during preaward
unless that testing.
evidence has been previously furnished to the issuing office.
(c) For each item offered, offerors shall (1) show the unit 7. GSAR 552.215-71-TELECOPIER SUBMISSIONS.
price/cost, including, unless otherwise specified, packaging. pack- MODIFICATIONS. OR WITHDRAWALS OF PROPOSALS
ing. and preservation and (2) enter the extended price/cost for (APR 1984)
the quantity of each item offered in the "Amount" column of the Telecopier proposals, or modifications or withdrawals of
Schedule?fnr-case-of--discreparicy-between-a-urdrpticelcoVrarRI?pronossM-arrelierriermitted and will be disregarded if received.
an extended price/cost, the unit price/cost will be presumed to
8. FAR 52.215-15?FAILURE TO SUBMIT OFFER (APR 1984)
be correct, subject, however, to correction to the same extent
and in the same manner as any other mistake. (This provision does not apply to construction)
Recipients of this solicitation not responding with an offer
(d) Offers for supplies or services other than those specified
Should not return this solicitation, unless it specifies otherwise.
will not be considered unless authorized by the solicitation.
Instead, they should advise the issuing office by letter or postcard
(e) Offerors must state a definite time for delivery of supplies
or for performance of services, unless otherwise specified in the whether they want to receive future solicitations for similar re-
solicitation. quirernents. If a recipient does not submit an offer and does not
(f) Time, if stated as a number of days, will include notify the issuing office that future solicitations are desired. the
Saturdays. Sundays. and holidays, recipient's name may be removed from the applicable mailing list.
9. FAR 52.215-10-LATE SUBMISSIONS. MODIFICATIONS,
3. GSAR 552.215-73-PREPARATION OF OFFERS
CONSTRUCTION (APR 1984) (DEVIATION AND WITHDRAWALS OF.PROPOSALS (APR 1984)
FAR 52.215-13) (a) Any proposal received at the office designated in the
(a) Offers must be (1) submitted on the forms furnished by solicitation after the exact time specified for receipt will not be
considered unless it is received before award is made and it?
the Government or on copies of those forms. and (2) manually
signed. The person signing an offer must initial each erasure or (1) Was sent by registered or certified mail not later than
change appearing on any offer form, the fifth calendar day before the date specified for receipt of of.
(b) The offer form may require offerors to submit offer prices fers (ea.. an offer submitted in response to a solicitation requir-
for one or more items on. various bases, including? ing receipt of offers by the 20th of the month must have been
mailed by the 15th);
(1) Lump sum offer;
(2) Alternate prices; (2) Was sent by man (or telegram if authorized) and it is
(3) Units of construction; or ? determined by the Government that the late receipt was due
(4) Any combination of subparagraphs (1) through (3) solely to mishandling by the Government after receipt at the
above. Government installation; or
(c) If the solicitation requires an offer on all items, failure to (3) Is the only Proposal received.
1,1 do so will disqualify the offer. If an offer on all items is not re- (b) Any modification of a proposal or quotation, except a
quired, offerors should insert the words "no offer" in the ipace modification resulting from the Contracting Officer's request for
provided for any item on which no price is submitted. "best and finar' offer is subject to the same conditions as in sub-
(d) Alternate offers will not be considered unless this solicits,
paragraphs (a)(1) and (2) above.
tion authorizes their submission. (c) A modification resulting from the Contracting Officer's re-
quest for "best and final" offer received after the time and date
specified in the request will not be considered unless received
before award and the late receipt is due solely to mishandling by
the Government after receipt at the Government installation.
(d) The only acceptable evidence to establish the date of mail-
ing of a late proposal or modification sent either by registered-or
certified mail is the U.S. or Canadian Postal Service postmark on
the wrapper or on the original receipt from the U.S. or Canadian
Postal Service, ff neither postmark shows a legible date, the
proposal, quotation, or modification shall be processed as if
mailed late. "Postmark" means a printed, stamped, or otherwise
placed impression (exclusive Of a postage meter machine impres-
sion) that is readily identifiable without further action as having
been supplied and affixed by employees of the U.S. or Canadian
Postal Service on the date of mailing. Therefore, offerors or
quoters should request the postal clerks to place a hand cancella-
tion bull's-eye postmark on both the receipt and the envelope or
wrapper.
(e) The only acceptable evidence to establish the time of
receipt at the Government installation is the time/date stamp of
that installation on the proposal wrapper or other documentary
evidence of receipt maintained by the installation.
D e .S.'S7I (71-i-n-13-a-rti-Sanzed Copy Approved for Release 20171/01/07 : CIA-RDP92G0.0017R000800010003-6 -he)
4. FAR 52.215-14-EXPLANATION TO PROSPECTIVE
OFFERORS (APR 1984)
Any prospective -offeror desiring an explanation or interpreta-
tion of the solicitation. drawings, specifications, etc., must request
it in writing soon enough to allow a reply to reach all prospective
offerors before the submission of their offers. Oral explanations
or instructions given before the award of the contract will not be
binding. Any information given to a prospective offeror concern-
ing a solicitation will be furnished promptly to all other prospec-
tive offerors as an amendment of the solicitation. If that informa-
tion is necessary in submitting offers or if the lack of it would be
prejudicial to any other prospective offerors.
5. FAR 52.215-8-ACKNOWLEDGEMENT OF AMENDMENTS
TO SOLICITATIONS (APR 1984)
Offerors shall acknowledge receipt of any amendment to this
solicitation (a) by signing and returning the amendment (b) by
identifying the amendment number and date in the space
provided for this purpose on the form for submitting an offer; or
(c) by letter or telegram. The Government must receive the ac-
knowledgment by the time specified for receipt of offers.
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; tcr...c .r. &sr, cit.. L. i C......".>1 1 roc......c.,?,,...? i
.,
I-
? .
15. FAR 52.222-46-EVALUATION OF COMPENSATION-FOR
PROFESSrONAL EMPLOYEES (APR 1984) . .
(This provision applies to service contract over- $250.004)
(a) Recompetition of service contracts may in some cases
result in lowering the compensation? (salaries and fringe benefits)
paid or furnished professional emdtbyees. This lowering can be
detrimental in cbtaining the quality of ''. itrofess;onal services
needed for adequate contract perforrhance.' It is therefore in the
Government's best interest that "professional employees, as
defined in 29 CFR 541, be properly and fairly compensated.-As a
part of their proposals. offerors ,will submit -a total compensation
plan setting forth salaries and fringe benefits pr000sed for the
professional employees who .will Work under the contract.. ? The
Government will evaluate the plan to assure that it reflects a
sound management approach and understanding of the contract
requirements. This evaluation will include an assessment Alf the
offeror's ability,to provide uninterrupted high.quality .wofk. -The
professional compensation proposed will be considered in -terms
of its impact upon recruiting and retention, its realism. and.. its
consistency with a total plan for compensation. Supporting in-
formation will include data, such as recognized national :and
regional compensation surveys and studies of professional, public
and private organizations, used in 'establishing the total compensa-
bnn_structure.
cf) Notwithstanding. paragraph -(al above. a late. modification
of in otherwise successful proposal that makes its terms more
favorable to the Government will be considered at any time it is
received and may be accepted.
(g) Proposals may be withdrawn by written notice or telegram
(including mailgrem) received at any time before award:
Proposals may be withdrawn in person by an offeror or an
authorized representative, if the representative's identity is made
known and the representative signs a receipt for the proposal
before award.
10. FAR 52.215-7-UNNECESSARILY ELABORATE
PROPOSALS OR QUOTATIONS (APR 1984) " ?
Unnecessarily elaborate brochures or 'Other presentations
beyond those sufficient to present complete and effective
response to this solicitation are not desired. and may be con-
strued as an indication of the offerors or quotes lack of cost
consciousness. Elaborate art work, expensive paper and bind.
ings, and expensive visual and other presentation aids are neither
necessary nor wanted.
11. FAR 52.215-12-RESTRICTION ON DISCLOSURE AND
USE OF DATA (APR 1984)
Offerors or quoters who include in their proposals or quota-
tions data tWfthey -cca-r-fto ""trarirclisc?lirised-T5-iftt?priblic-tor any
purpose or used by the Government except for evaluation pur-
poses, shall?
(a) Mark the title page with the following legend: -This
proposal or quotation includes data that shall not be disclosed
outside the Government and shall not be duplicated, used, or
disclosed?in whole or in part?for any purpose other than to
evaluate this proposal or quotation. If, however, a contrtct is
awarded to this offeror Of quoter as a mufti of in
connection with?the submission of this data. the Government
"shall have the right to duplicate. use, or disclose the data to the
extent provided in the resulting contract This restriction does
not limit the Government's right to use information contained in
this data if it is obtained from another source without restriction.
The data subject to this restriction are contained in sheets (insert
numbers or other identification of sheets"; and.
(b) Mark each sheet of data it wishes to r4strict with the fol-
lowing legend: *1.1se or disclosure of data contained on this sheet
is subject to the restriction on the title page of this proposal or
quotation."
?
12. FAR 52.222-24-PREAWARD ON-SITE EQUAL -
OPPORTUNITY COMPLIANCE REVIEW (APR 1984)
(This provision does not apply to construction)
An award in the amount of $1 million cir more will not be
made under this solicitation unless the offeror and each of its
known first-tier subcontractors (to whom it intends to award a
subcontract of $1 million or more) are found, on the basis of a
compliance review, to be able to comply with the provisions of
the Equal Opportunity clause of this solicitation.
13. FAR 52.237-1-S1TE VISIT (APR 1984) ?..te
(Applies when services other than construction are to be per-
formed on Government instigations)
Offerors or quoters are urged and expected to inspect the
site where services are to be performed and to satisfy themselves
regarding all general and local conditions that may affect the cost
of contract performance, to the extent -that the information is
reasonably obtainable. kt no event shall failurekto inspect the
site constitute grounds for a claim after contract award.
14. FAR 52.247-6-FINANCIAL STATEMENT (APR 1984)
(Applies to solicitations for transportation or for transportation
related services.)
The offeror shall, upon request, promptly furnet>1 the Govern-
ment with a current certified statement of the offeror's financial
condition and such data as the Government may request with
respect to the offeror's operations. The Government will use this
information to determine the offeror's financial responsibility and
ability to Worm under the contract Failure of an offeror to
comply with a request for information will subject the offeror to
possible rejection on responsibility grounds.
? .
(b) The compensation levels proposed should reflect a clear ?
understanding of work to be performed and snould indicate the
capability of the proposed compe9sation' structure to obtain and
keep suitably qualified personnel tow meet mission obieciives.- The
salary rates or ranges must take infAaccount differences in skiffs.
the complexity of various disciplines and professional job. dif-
ficulty. Additionally, proposals ...envisioningcompensation levels.
lower than those of predecessor contractors for the sathe 'work
will be evaluated on the basis of maintaining program continuity.
uninterrupted high quality work, and' availability of required com-
petent professional service employees. Offerors are cautioned that
lowered compensation for essentially the same professional work
may indicate lack of sound management judgement and lack or
understanding of the requirement.
(c) The Government is concerned with the quality and stability
ci the work force to be employed on this contract. Professional
compensation that is unrealisticaltir low or not is reasonable
relationship to the various job categories. since It may impair the'
Contractor's ability to attract and retain competent professional
service employees, may be viewed asevidence of failure to com-
prehend the complexity of the contract requirement .-
16. FAR 52.215-16-CONTRACT AWARD (APR 1985) ' - ?
OTHER THAN CONSTRUCTION .. ?
(a) The Government will award a contract resulting from this '
solicitation to the responsible offeroc .whose offer conforming to
the solicitation will be most advantageous to 'the Government.
cost or price and other factors, specified elsewhere in this
solicita-
tion, conSidered. - ?
(b) The Government roae (1) reject any or an offers if such ac-
tion is in the public interest. (2) soceptiother than the.lowest of-
fer. and (3) waive informalities and, minor irregularibeein otters
received. .
(c) The Government may award E-contract on the basis-Of ini-
tial offers received, without discusgionS. Therefore, each initial of-
fer should contain the offeror's best terms from a cost cit_ptice--
and technical standpoint
(d) The Government may accept iny item or group of metre
of an offer, unless the offeror qualifies. the. offer by specific. trthetk:
tions. Unless otherwise provided in the Schedule, offers may},be"
submitted for quantities less than thole specified. The Govern- -
ment reserves the right to make an award on any item fo?..ir
quantity less than the quantity offered, at the unit cost or -prices
offered, unless the offeror specifies otherwise in the offer.
(e) A written award or acceptance of offer mailed or Other-
wise furnished to the successful (Oteror within the time for.iccep-
lance specified in the offer shall result in a binding ciittraot
without further action by either party..ijefore the offer's specifiEd"
expiration time. the Government may .iccept an offer (or part' of
an offer, as provided in paragraph. Id) above). whether .or _not
there are negotiations after its receipt?unless a written 'notice
withdrawal is received before award.-Negotiations conducted after
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REFERENCE: 51//grECeic237
.pt of an offer do not constitute a rejection or counteroffer by
Government.
(f) Neither financial data submitted with an offer, nor
representations concerning facilities or financing, will form a part
of the resulting contract. However, if the resulting contract con-
tains a clause providing for price reduction for defective cost or
pricing data the contract price will be subject to reduction if cost
or pricing data furnished is incomplete, inaccurate, or not current.
17. GSAR 552.215-74-CONTRACT AWARD-NEGOTIATED
CONSTRUCTION (APR 1985)(DEVIATION FAR
52.215-16)
(a) The Government will award a contract resulting from this
solicitation to the responsible offeror whose offer conforming to
the solicitation, will be most advantageous to the Government.
cost or price and other factors, specified elsewhere in this solicita-
tion. considered.
(b) The Government may (1) reject any or all offers if such ac-
tion is in the public interest. (2) accept other than the lowest of-
er, and--(3) - waive -informaiities-and-rninor-irregularities-in-offem--a
received.
(c) The Government may award a contract on the basis of ini-
tial offers received, without discussions. Therefore, each initial of-
fer should contain the offerors best terms from a cost or price
and technical standpoint
(d) The Government may accept any item or combination of
items, unless doing so is precluded by a restrictive limitation in
the solicitation or the offer.
(e) A written award or acceptance of offer mailed or other-
'wise furnished to the successful offeror within the time for accep-
tance specified in the offer shad result in a binding contract
without further action by either party. Before the offers specified
expiration time, the Government may accept an offer (or part of
an offer, as provided in paragraph (d) above). whether Of not
there are negotiations after its receipt unless a written notice of
withdrawal is received before award. Negotiations conducted
after receipt of an offer do no-(14anstitute a rejection or counterof-
fer by the Government
(1) Neither financial -illati7submitted with an offer, nor
representations concerning facilities or financing, will form a part
of the resulting contract However, If the resulting contract con-
tains a clause providing for- price reduction for defective cost or
pricing data, the contract price will be subject to reduction if cost
or pricing data furnished is incomplete, inaccurate, or not current.
18. GSAR 552.252-5 -AUTHORIZED DEVIATIONS IN
PROVISIONS (JUL 1985) (DEVIATION FAR 52.252-5)
(a) The use in this solicitation of any Federal Acquisition
Regulation (48 CFR Chapter 1) provision with an authorized devia-
tion or variation is indicated by the addition of "(DEVIATION)" or
'(VARIATION) after the date of the provision. if the provision is
not published in the General Services Administration Acquisition
Regulation (48 CFR Chapter 5). The use in this solicitation of
ny-Federal-Acquisition-Regulation-(FAR)- provision-with- an-
authorized deviation or variation that- is-published in the General
Services Administration Acquisition Regulation is indicated by the
addition of "(DEVIATION -(FAR provision no.))" or "(VARIATION
(FAR Provision no.))" after the date of the provision.
(b) The use in this solicitation of any General Services
Administration Acquisition Regulation provision with an authorized
deviation or variation is indicated by the addition of
"(DEVIATION)" or (VARIATION)" after the date of the provision.
(c) Changes in wording of provisions that are prescribed for
use on a "substantially the same as" basis are not considered
deviations. Therefore, when such provisions are not worded ex-
actly the same as the FAR or .GSAR provision, they are identified
by the word "(VARIATION)."
?
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REFERENCE: 0511PriCe92-37
552.214-16' MINIMUM BID ACCEPTANCE PERIOD (OCT 1985) ADEVIATION
FAR 52.214-16)
(a) "Acceptance period," as used in this provision ,means the
number of calendar days'available to the Government-for awarding
a contract from the date specified in this solicitation for
receipt of bids.
(b) This provision supersedes any language pertaining to the
acceptance period that may appear elsewhere in this solicitation.
(c) The Government requires a minimum acceptance period of 60
calendar days.
(d) In the space provided immediately below, bidders may specify
a longer acceptance period than the Government's minimum --
requirement.
The bidder allows the following total acceptance period:
calendar days
(e) A BID ALLOWING LESS THAN THE GOVERNMENT'S MINIMUM ACCEPTANCE
PERIOD WILL BE REJECTED.
(f) The bidder agrees to execute all that it has undertaken to
do, in compliance with its bid, if that bid Is accepted in
writing within (1) the acceptance period stated in paragraph (c)
above or (2) any longer acceptance period stated in paragraph (d)
above, or (3) any extension of the offered acceptance period as
may be subsequently agreed to by the bidder.
?
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SECTION L -
OFFERORS/BIDDERS
1. 552.219-70
REFERENCE: 5/1Per-C-
INSTRUCTIONS, CONDITIONS ANDNOTICES TO
STANDARD INDUSTRIAL CLASSIFICATION AND SMALL
BUSINESS SIZE STANDARD (MAR 1987)
The standard Industrial Classification Code applicable to the
supplies/services being procured is no. 8999 , and the
applicable small business size standard is $ 3.5 million
2. INSURANCE REQUIREMENTS:
Liability insurance coverage, written on the comprehensive form
of policy, is required in the following minimum amounts:
(a) Bodily Injury - $250,000 per occurmnce.
(b) Property Damage - $260,000.
(c)
(d)
Completed Operation and Product Liability - $250,000.
General Liability - $2515,000.
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REFERENCE: 5///611/7/E-6C.,37
552.237-1 QUALIFICATIONS OF OFFERORS (APR 1984),
(a) Offers will be considered only from responsible
organizations or individuals now or recently engaged in the
performance of building services contracts comparable to those
described' in this solicitation. In order to determine his
:qualifications each offeror may be requested to furnish a
narrative statement listing comparable contracts which he has
performed; the general history of 'his operating organization; and
his complete experience. Each offeror may also be required to
furnish a statement of. his financial resources; show that he has
the ability to maintain a staff of regular employees adequate to
insure continuous performance of the work; and, demonstrate that
his equipment and/or plant capacity for the work contemplated is
sufficient, adequate, and suitable.
P
(b) Competency in performing comparable building service
contracts, demonstration of acceptable financial resources,
personnel staffing, plant, equipment, and supply sources will be
considered in determining the offer to be accepted.
(c) Prospective offerors are advised that in evaluating
these areas involving any small business concern or group of such
concerns, any negative determinations are subject to the .
Certificate of Competency procedures set forth in the Federal
Acquisition Regulation.
?
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REFERENCE: _57//61rirC-0X37
552.233-2 SERVICE OF PROTEST (MAY 1985) (DEVIATION FAR 52.233-2)
A copy of any protest, as defined in FAR 33.1010-that is filed
with the General Accounting Office (GAO) or the General Services
Administrationaoard of Contract Appeals (GSBCA), shall be served
on the Contracting Officer, cf. SF-33 Blocks 7 & 26 and the
Assistant General Counsel (LR), GSA, Wash., DC 20405. The copy
of any such protest must be received in the offices designated
above on the same day a ?protest is filed with the GSBCA, or
within one day of filing a protest with the GAO.
52.21671 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price
contract resulting from this solicitation.
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