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SECTION 1 - THE SCHEDULE

United States of America - Embassy Guatemala

STATEMENT OF WORK/REQUEST FOR QUOTATION

19GT5020Q0039

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Project Title: PVC Door replacement in solarium

Contractor Selection Criteria: Most technically feasible offer at the best price

Period of Performance: Six weeks upon contract award

Place of Performance: U.S. Embassy Guatemala

Contracting Office’s Representative (COR) Facility Manager

DESCRIPTION

The U.S. Embassy in Guatemala requires the removal of current doors and installation of new PVC

doors in the same place, to be performed at one of the official residences of the U.S. Embassy in

Guatemala.

This will be a firm fixed price purchase order payable entirely in Quetzales. Prices for all line item

numbers (CLIN) shall include proper disposal of trash and/or toxic substances where applicable.

No additional sums will be payable for any escalation in the cost of materials, equipment or labor,

or because of the contractor's failure to properly estimate or accurately predict the cost or

difficulty of achieving the results required. The order price will not be adjusted due to fluctuations

in currency exchange rates.

PERIOD OF PERFORMANCE

The project shall be completed within six (6)weeks after the notice to proceed. Such notice will

be submitted after the U.S. Embassy Guatemala receives the following documentation:

a) certificate of insurance (IGSS)

b) DBA Insurance

c) Name check list

The estimated date for completion is July 2020.

SCOPE OF WORK

a) Removal of current doors:

The contractor will remove the current three accordion doors and four fixed frames, it will

include the top and bottom rails. If any damage is produced on the masonry surfaces the

contractor will be responsible to repair it and paint with the same type and color paint.

b) Installation of new PVC doors: Contractor will install three white PVC doors with the following

measurements:

a) One 3.974-meter-wide x 2.558-meter height split in 5 vertical sections.

b) One 3.991-meter-wide x 2.555-meter height split in 5 vertical sections.

c) One 5.650 meter wide x 2.557 meter height split in 7 vertical sections.

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The PVC will be white with metal structure support inside the PVC forms. New top and bottom

rails will be installed by the contractor. Edge covers will be installed inside and outside faces.

Clear glass thickness will be 12 millimeters. The required warranties are:

10 years in color stability.

3 years in handlers.

3 years in hardware.

1 year in installation.

Contractor shall include two semi-annual maintenance services. For the PVC forms to be used

the contractor shall present the technical certifications for the following code compliance:

Dielectric

Fire resistance

Thermic conductivity

Impact resistance.

Density

DELIVERABLE PRODUCTS

The deliverable product for this project will be three new accordion white PVC doors at the Offical

Residence Solarium. The COR will inspect the project for fully SOW completion prior to final

acceptance and sign off.

REQUIREMENTS TO PERFORM THE DELIVERY AND INSTALLATION

a) One week before the work, the awarded Contractor shall be receiving a Safety Briefing,

provided by the U.S. Embassy Guatemala POSHO in order to inform them for the USG safety

procedures and Personal Protection Equipment required.

b) The contractor must comply with the Local Labor Law and the “Acuerdo Gubernativo 229-

2014 y 33-2016”.

c) The contractor must provide proof and a copy of active affiliation to IGSS and/or accident

insurance for the period of the execution for all personnel involved in the project.

d) The contractor must supply all the Personal Protective Equipment needed to perform the task

safely. All Personal Protective Equipment will be inspected. The lack of appropriate Personal

Protective Equipment will result in the immediate stop of the work.

e) The Contractors shall be responsible in keeping the working areas clean and in the pristine

condition of the spaces at the end of the workday.

f) The Contractor must provide insurance liability for the personnel and for the project with the

following coverages: Bodily Injury $25,000 per occurrence, $25,000 cumulative per year;

Property damage $25,000 per occurrence, $25,000 cumulative per year.

g) Contractor should have more than 10 years working in the market with samples of its successful

projects with recommendation letters of no less than 5 recognized customers.

INSURANCE REQUIREMENTS

Personal Injury, Property Loss or Damage (Liability). The Contractor assumes absolute responsibility

and liability for any and all personal injuries or death and property damage or losses suffered due

to negligence of the Contractor’s personnel in the performance of this Contract.

The Contractor’s assumption of absolute liability is independent of any insurance policies.

Insurance. The Contractor, at its own expense, shall provide and maintain during the entire period

of performance of this Contract, whatever insurance is legally necessary.

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Workers’ Compensation and Employer’s Liability

Worker's Compensation Insurance. The Contractor agrees to provide all employees with worker's

compensation benefits as required under local laws (see FAR 52.228-4 “Worker’s Compensation

and War-Hazard Insurance Overseas”).

GOVERNMENT FURNISHED MATERIALS

The U.S. Embassy Guatemala will not provide any material, tools or labor in order to complete this

project.

CONTRACTOR FURNISHED MATERIALS

The Contractor will provide labor, materials and equipment to finish this project successfully.

TRASH AND DISPOSAL

The Contractor shall be responsible for the debris disposal produced by this project.

TEST PLAN AND ACCEPTANCE

Acceptance for completion of all tasks under this order shall be based on the successful

completion of tests, quality inspection, and Government sign-off by the COR on all items

successfully completed as described in detail on all sections of this document.

QUALITY CONTROL AND WARRANTEE

The Contractor shall perform quality work in accordance to the SOW. The COR reserves the right

to inspect, propose, and rectify any quality issues on all work being performed. Any damages to

U.S. property by the Contractor shall be replaced, repaired, or paid at Contractor’s expense or

deducted from their fees. The contractor shall provide warranty mentioned as described before

for materials and installation, counted from the final COR acceptance.

The Contractor shall provide all necessary material, administrative and direct labor personnel, as

well as all transportation, equipment, tools, supplies and materials required to perform this service.

The contractor shall provide the services of trained and qualified labor force/personnel.

Performance Standards. All work in this contract shall be completed in a professional and timely

manner.

WORK SCHEDULE

The Contractor shall comply with the work schedule as follows:

Weekdays, Monday through Friday, from 7:00AM to 12:00PM.

If the contractor needs to work out of this schedule, it will be required with at least three days in

advance for the COR approval.

The Contractor shall maintain work schedules. The schedules shall take into consideration the

hours that the staff can effectively perform their services without placing a burden on security

personnel of the Post. No work shall be performed on US Government and local holidays. Below

is a list of the holidays:

New Year’s Day

Martin Luther King’s Birthday

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Washington’s Birthday

Holy Thursday

Good Friday

Guatemalan Labor Day

Memorial Day

Army Day

U.S. Independence Day

Feast of the Assumption

U.S. Labor Day

Guatemalan Independence Day

Columbus Day

Revolution Day

All Saints Day

Veterans Day

Thanksgiving Day

Christmas Eve – Half Day

Christmas Day

New Year’s Eve – Half Day

STANDARD OF CONDUCT

General. The Contractor shall maintain satisfactory standards of employee competency,

conduct, cleanliness, appearance, and integrity and shall be responsible for taking such

disciplinary action with respect to employees as may be necessary. Each Contractor employee

shall adhere to standards of conduct that reflect credit on themselves, their employer, and the

United States Government. The Government reserves the right to direct the Contractor to remove

an employee from the worksite for failure to comply with the standards of conduct. The

Contractor shall immediately replace such an employee to maintain continuity of services at no

additional cost to the Government.

Neglect of Duties. Neglect of duties shall not be condoned. This includes sleeping while on duty,

unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during duty

hours and refusing to render assistance or cooperate in upholding the integrity of the worksite

security.

Disorderly Conduct. The Contractor shall not condone disorderly conduct, use of abusive or

offensive language, quarreling, and intimidation by words, actions, or fighting. Also included is

participation in disruptive activities that interfere with normal and efficient Government

operations.

Intoxicants and Narcotics. The Contractor shall not allow its employees while on duty to possess,

sell, consume, or be under the influence of intoxicants, drugs or substances which produce similar

effects.

Criminal Actions. Contractor employees may be subject to criminal actions as allowed by law in

certain circumstances. These circumstances include but are not limited to the following actions:

falsification or unlawful concealment, removal, mutilation, or destruction of any official

documents or records or concealment of material facts by willful omission from official documents

or records; unauthorized use of Government property, theft, vandalism, or immoral conduct;

unethical or improper use of official authority or credentials; security violations; organizing or

participating in gambling in any form; and misuse of weapons.

Key Control. The Contractor will not be issued any keys. The keys will checked out from Post 1 by

a “Cleared American” escort on the day of service requirements if at the U.S. Embassy.

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Notice to the Government of Labor Disputes. The Contractor shall inform the COR of any actual

or potential labor dispute that is delaying or threatening to delay the timely performance of this

contract.

CHECKLIST APPROVAL

The Contractor shall submit to the COR a schedule and description of taks which the Contractor

plans to comply; The Contractor shall prepare this schedule and task description in a checklist

format for the COR’s approval prior to contract work commencement. The foreman shall sign off

on every item of the checklist and leave a copy of this signed checklist with the COR or the COR's

designate after the task has finished.

LIQUIDATED DAMAGE

Based on an analysis of the costs, which will be incurred by the Government if the facility is not

completed on time. For residential or office work, liquidated damages should be roughly

equivalent to the costs associated with renting temporary quarters or office space. Liquidated

damages should be calculated as a daily rate and may include the cost of Governments' on

site staff monitoring the project (Amount will be calculated upon award).

PERSONNEL, TOOLS, CONSUMABLE MATERIALS AND SUPPLIES

The Contractor shall provide trained personnel with the appropriate tools and equipment for

scheduled this installation.

Contractor furnished materials will include but not limited to appropriate tools, safety shoes,

gloves, hearing and eye protection apparel for workers.

Disposal of used oil, fuel, battery and other toxic substances. The Contractor is responsible for

proper disposal of toxic/hazardous substances. All material shall be disposed of according to

Government and Local law. After proper disposal the contractor must show proof of authorized

disposal of these toxic/hazardous substances, If applicable.

DELIVERABLES

The following items shall be delivered under this contract:

Description QTY Delivery Date Deliver to

Name check form, (format will be

provided)

1 5 days after contract

award

COR

Certificate of Insurance (IGSS

registration per employee.

1 5 days after contract

award

COR/Procurement

Section

DBA Insurance (for this project) 1 5 days after award Contracting/procurement

CONTRACTOR'S SUBMISSION OF

CONSTRUCTION SCHEDULES *

1 After completion of

each task

COR

Submission of Invoices 1 After completion of

entire contract.

GTMDBO@state.gov

CONTRACTOR'S SUBMISSION OF CONSTRUCTION SCHEDULES

The time for submission of the schedules referenced in FAR 52.236-15, "Schedules for Construction

Contracts", paragraph (a), is hereby modified to reflect the due date for submission as 30 calendar

days after receipt of an executed order".

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These schedules shall include the time by which shop drawings, product data, samples and other

submittals required by the contract will be submitted for approval.

The Contractor shall revise such schedules (1) to account for the actual progress of the work, (2)

to reflect approved adjustments in the performance schedule, and (3) as required by the

Contracting Officer to achieve coordination with work by the Government and any separate

contractors used by the Government. The Contractor shall submit a schedule, which sequences

work so as to minimize disruption at the job site.

All deliverables shall be in the English language and any system of dimensions (English or metric)

shown shall be consistent with that used in the contract. No extension of time shall be allowed

due to delay by the Government in approving such deliverables if the Contractor has failed to

act promptly and responsively in submitting its deliverables. The Contractor shall identify each

deliverable as required by the contract.

Acceptance of Schedule: When the Government has accepted any time schedule; it shall be

binding upon the Contractor. The completion date is fixed and may be extended only by a

written contract modification signed by the Contracting Officer. Acceptance or approval of any

schedule or revision thereof by the Government shall not:

Extend the completion date or obligate the Government to do so, Constitute acceptance or

approval of any delay, or Excuse the Contractor from or relieve the Contractor of its obligation to

maintain the progress of the work and achieve final completion by the established completion

date.

NOTICE OF DELAY

If the Contractor receives a notice of any change in the work, or if any other conditions arise which

are likely to cause or are actually causing delays which the Contractor believes may result in late

completion of the project, the Contractor shall notify the Contracting Officer. The Contractor’s

notice shall state the effect, if any, of such change or other conditions upon the approved

schedule, and shall state in what respects, if any, the relevant schedule or the completion date

should be revised. The Contractor shall give such notice promptly, not more than ten (10) days

after the first event giving rise to the delay or prospective delay. Only the Contracting Officer may

make revisions to the approved time schedule.

ADMINISTRATIVE DATA

652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)

(a) The Contracting Officer may designate in writing one or more Government employees, by

name or position title, to take action for the Contracting Officer under this contract. Each

designee shall be identified as a Contracting Officer’s Representative (COR). Such designation(s)

shall specify the scope and limitations of the authority so delegated; provided, that the designee

shall not change the terms or conditions of the contract, unless the COR is a warranted

Contracting Officer and this authority is delegated in the designation.

(b) The COR for this contract is: Raul Fuentes /GSO/Housing.

ACCESS TO GOVERNMENT BUILDINGS

General. The Contractor shall designate a representative who shall supervise the Contractor’s

workers and be the Contractor’s liaison with the U.S. Embassy - Guatemala. The Contractor’s

employees shall be on-site only for contractual duties and not for any other business or purpose.

Contractor employees shall have access to the equipment and equipment areas and will be

escorted by Embassy personnel if applicable.

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Personnel Security. The Government reserves the right to deny access to U.S.-owned and U.S.-

operated facilities to any individual. The Contractor shall provide the names, DPI number, Date

of Birthday (DOB) on all Contractor personnel who shall be used on this Contract prior to their

utilization. Submission of information shall be made within 5 days of award of contract. No

technician will be allowed on site without prior authorization. Note: this may include cleared

personnel if advance notice of visit is not given at least one week before the scheduled visit.

Vehicles. Contractor vehicles will not be permitted inside the compound without prior approval.

If you need to have vehicle access please submit your vehicle information (Make, Model, License

Plate #) along with a written justification as to why access is necessary. This should be submitted

to the Facility Manager at least one (1) week prior to the visit if applicable.

Government shall issue identity cards to Contractor personnel, after they are approved.

Contractor personnel shall display identity card(s) on the uniform at all times while providing

services under this contract. These identity cards are the property of the US Government. The

Contractor is responsible for their return at the end of the contract, when an employee leaves

Contractor service, or at the request of the Government. The Government reserves the right to

deny access to U.S.-owned and U.S.-operated facilities to any individual if applicable.

Contractor personnel may be exposed to various documents, such as blueprints, drawings,

sketches, notes, surveys, reports, photographs, and specifications, received or generated in

conjunction with this contract. These documents contain information associated with diplomatic

facilities for the U.S. Department of State. These documents have been marked with the handling

designations “Unclassified” or “Sensitive But Unclassified” and US Government warnings against

reproduction and distribution. These documents require special handling and dissemination

restrictions. All handling designations and warnings on original documents must be reproduced

on subsequent copies.

The loss, compromise, or suspected compromise or loss of any SBU information, contract related

information (personnel files, payroll information, etc.), any post or diplomatic facility related

information (documents, notes, drawings, sketches, surveys, reports, exposed film, negatives, or

photographs), or ANY information which may adversely affect the security interests of the United

States, must be immediately brought to the attention of the Contracting Officer (CO) and

Contracting Officer’s Representative (COR).

Photographs of any diplomatic overseas building or facility must be authorized in advance by the

COR and Regional Security Officer (RSO), who will establish any controls, limits, and/or restrictions

as necessary.

INSPECTION AND ACCEPTANCE:

Plan. This plan is designed to provide an effective surveillance method to promote effective

Contractor performance. The QAP provides a method for the Contracting Officer's

Representative (COR) to monitor Contractor performance, advise the Contractor of

unsatisfactory performance, and notify the Contracting Officer of continued unsatisfactory

performance. The Contractor, not the Government, is responsible for management and quality

control to meet the terms of the Contract. The role of the Government is to conduct quality

assurance to ensure that Contract standards are achieved.

SUBSTANTIAL COMPLETION

(a) "Substantial Completion" means the stage in the progress of the work as determined and

certified by the Contracting Officer in writing to the Contractor, on which the work (or a portion

designated by the Government) is sufficiently complete and satisfactory. Substantial completion

means that the property may be occupied or used for the purpose for which it is intended, and

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only minor items such as touch-up, adjustments, and minor replacements or installations remain

to be completed or corrected which:

(1) do not interfere with the intended occupancy or utilization of the work, and

(2) can be completed or corrected within the time period required for final completion.

(b) The "date of substantial completion" means the date determined by the Contracting Officer

or authorized Government representative as of which substantial completion of the work has been

achieved.

Use and Possession upon Substantial Completion - The Government shall have the right to take

possession of and use the work upon substantial completion. Upon notice by the Contractor that

the work is substantially complete (a Request for Substantial Completion) and an inspection by

the Contracting Officer or an authorized Government representative (including any required

tests), the Contracting Officer shall furnish the Contractor a Certificate of Substantial Completion.

The certificate will be accompanied by a Schedule of Defects listing items of work remaining to

be performed, completed or corrected before final completion and acceptance. Failure of the

Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for

complying with the terms of the contract. The Government's possession or use upon substantial

completion shall not be deemed an acceptance of any work under the contract.

FINAL COMPLETION AND ACCEPTANCE

"Final completion and acceptance" means the stage in the progress of the work as determined

by the Contracting Officer and confirmed in writing to the Contractor, at which all work required

under the contract has been completed in a satisfactory manner, subject to the discovery of

defects after final completion, and except for items specifically excluded in the notice of final

acceptance.

FINAL INSPECTION AND TESTS.

The Contractor shall give the Contracting Officer at least five (5) days advance written notice of

the date when the work will be fully completed and ready for final inspection and tests. Final

inspection and tests will be started not later than the date specified in the notice unless the

Contracting Officer determines that the work is not ready for final inspection and so informs the

Contractor.

FINAL ACCEPTANCE

If the Contracting Officer is satisfied that the work under the contract is complete (with the

exception of continuing obligations), the Contracting Officer shall issue to the Contractor a

notice of final acceptance and make final payment upon:

• Satisfactory completion of all required tests,

• A final inspection that all items by the Contracting Officer listed in the Schedule of Defects

have been completed or corrected and that the work is finally complete (subject to the

discovery of defects after final completion), and

• Submittal by the Contractor of all documents and other items required upon completion of

the work, including a final request for payment (Request for Final Acceptance).

PROCEDURES

If any Government personnel observe unacceptable services, either incomplete work or required

services not being performed, they should immediately contact the COR. The COR will complete

appropriate documentation to record the complaint. If the COR determines the complaint is

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invalid, the COR will advise the complainant. The COR will retain the annotated copy of the written

complaint for his/her files.

If the COR determines the complaint is valid, the COR will inform the Contractor and give the

Contractor additional time to correct the defect, if additional time is available. The COR shall

determine how much time is reasonable.

The COR shall, as a minimum, orally notify the Contractor of any valid complaints. If the Contractor

disagrees with the complaint after investigation of the site and challenges the validity of the

complaint, the Contractor will notify the COR. The COR will review the matter to determine the

validity of the complaint.

The COR will consider complaints as resolved unless notified otherwise by the complainant.

Repeat customer complaints are not permitted for any services. If a repeat customer complaint

is received for the same deficiency during the service period, the COR will contact the

Contracting Officer for appropriate action under the Inspection clause.

Personal Protection Equipment (PPE) and equipment will be check by the A/POSHO each service

in order to be sure to comply with the Safety and Fire standards (NFPA).

TRANSITIONS/CONTACTS

Within 10 days after contract award, the Contracting Officer may ask the contractor to develop

a plan for preparing the contractor to assume all responsibilities for the installation services. The

plan shall establish the projected period for completion of all clearances of contractor personnel,

and the projected start date for performance of all services required under this contract. The plan

shall assign priority to the selection of all supervisors to be used under the contract.

PAYMENT

The Contractor's attention is directed to Section H, 52.232-5, "Payments Under Fixed-Price

Construction Contracts". The following elaborates on the information contained in that clause.

Requests for payment, may be made no more frequently than monthly. Payment requests shall

cover the value of labor and materials completed and in place, including a prorated portion of

overhead and profit.

After receipt of the Contractor's request for payment, and on the basis of an inspection of the

work, the Contracting Officer shall make a determination as to the amount, which is then due. If

the Contracting Officer does not approve payment of the full amount applied for, less the

retainage allowed by in 52.232-5, the Contracting Officer shall advise the Contractor as to the

reasons.

Under the authority of 52.232-27(a), the 14 day period identified in FAR 52.232-27(a)(1)(i)(A) is

hereby changed to 30 days.

Payment terms are NET 30 days after services have been rendered and invoice is received at

GTMDBO@state.gov .

POINT OF CONTACT FOR THIS RFQ:

Wagner Lam

Tel: 23264359

Email: LamW@state.gov

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FINAL CLEANING

At the completion of the work, the contractor will remove unused materials and similar materials

from the surroundings that belong to him or have been used under his direction. Once the

cleaning is done, the areas used will be restored, so that these areas are in similar or better

conditions than those initially found. All leftover materials must be left at the designated areas for

the USG to decide if it will be stored or for destruction.

PRICING

The rates below include all costs associated with the removal and installation of the PVC doors in

accordance with the attached scope of work, and the manufacturer’s warranty including

materials, labor, insurance (see FAR 52.228-4 and 52.228-5), overhead, profit and GST (if

applicable).

*DBA INSURANCE FOR THIS PROJECT (SEE PROVISIONS ON PAGE # 20)

The Defense Base Act provides disability, medical, and death benefits to covered employees

injured or killed in the course of employment, whether or not the injury or death occurred during

work hours. Compensation for total disability is two-thirds of the employee's average weekly

earnings, up to a current maximum of $1,030.78 per week. Compensation also is payable for

partial loss of earnings. Death benefits are half of the employee's average weekly earnings to the

surviving spouse or to one child, and two-thirds of earnings for two or more such survivors, up to

the current maximum weekly rate. Permanent total disability and death benefits may be payable

for life, and are subject to annual cost of living adjustments. There is no minimum compensation

rate.

Permanent disability and death benefits payable to aliens and non-U.S. residents may be

commuted by payment of half of the present value of future compensation, as determined by

the OWCP district director.

The injured employee is entitled to medical treatment by a physician of his/her choice, as the

injury may require. Medical benefits may not be commuted.

CLIN Description Quantity Unit Unit Cost

(GTQ)

Total per line

item (GTQ)

001 Removal of doors (accordion) 3 Each

002 Remove four fixed frames (top

and bottom rails) 4 Each

003

Installation of three PVC doors

to include the top and bottom

rails (new)

3 Each

004 Semi-annual maintenance

service 2 Each

005 DBA Defence Base Act* 1 Each

Net Price

12% IVA

Total cost Including 12% IVA

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Contractor shall include all materials, supervision, labor, tools and equipment to perform this

installation services. All personnel working in the site shall wear and /or use safety protection while

all work is performed. Any questions or injuries shall be brought to the attention of the Post

Occupation Safety and Health Officer (POSHO). Material Safety Data Sheets (MSDS) shall be

provided by the Contractor for all HAZMAT materials. Copies will be provided to the COR for

approval, if applicable.

SECTION 2

CLAUSES FOR PURCHASE ORDERS AND BLANKET PURCHASE AGREEMENTS AWARDED BY OVERSEAS

CONTRACTING ACTIVITIES

(Current thru FAC 2005-95)

COMMERCIAL ITEMS

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998)

This purchase order or BPA incorporates the following clauses by reference, with the same force

and effect as if they were given in full text. Upon request, the Contracting Officer will make their

full text available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far

DOSAR clauses may be accessed at: http://www.statebuy.state.gov/dosar/dosartoc.htm

FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1) CLAUSES

NUMBER TITLE DATE

52.204-9 Personal Identity Verification of Contractor Personnel (if

contractor requires physical access to a federally-

controlled facility or access to a Federal information

system)

JAN 2011

52.212-4 Contract Terms and Conditions – Commercial Items

(Alternate I (MAY 2014) of 52.212-4 applies if the order is

time-and-materials or labor-hour)

JAN 2017

52.225-19 Contractor Personnel in a Diplomatic or Consular Mission

Outside the United States (applies to services at danger

pay posts only)

MAR 2008

52.227-19 Commercial Computer Software License (if order is for

software)

DEC 2007

52.228-3 Workers’ Compensation Insurance (Defense Base Act) (if

order is for services and contractor employees are

covered by Defense Base Act insurance)

JUL 2014

52.228-4 Workers’ Compensation and War-Hazard Insurance (if

order is for services and contractor employees are not

covered by Defense Base Act insurance)

APR 1984

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—

Commercial Items (JAN 2017)

52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the

rates specified in the contract. These rates may be adjusted only as a result of revisions to

prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised

more than once, but the total extension of performance hereunder shall not exceed 6 months.

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The Contracting Officer may exercise the option by written notice to the Contractor within 30

calendar days before the contract expiration date.

52.232-30 -- Installment Payments for Commercial Items.

Installment Payments for Commercial Items (Jan 2017)

(a) Contractor entitlement to financing payments. The Contractor may request, and the

Government shall pay, a contract financing installment payment as specified in this contract

when: the payment requested is properly due in accordance with this contract; the supplies

deliverable or services due under the contract will be delivered or performed in accordance with

the contract; and there has been no impairment or diminution of the Government’s security under

this contract.

(b) Computation of amounts. Installment payment financing shall be paid to the Contractor when

requested for each separately priced unit of supply (but not for services) of each line item in

amounts approved by the Contracting Officer pursuant to this clause.

(1) Number of installment payments for each line item. Each separately priced unit of each

line item is authorized a fixed number of monthly installment payments. The number of

installment payments authorized for each unit of a line item is equal to the number of

months from the date of contract award to the date one month before the first delivery

of the first separately priced unit of the line item. For example, if the first scheduled delivery

of any separately priced unit of a line item is 9 months after award of the contract, all

separately priced units of that line item are authorized 8 installment payments.

(2) Amount of each installment payment. The amount of each installment payment for

each separately priced unit of each line item is equal to 70 percent of the unit price

divided by the number of installment payments authorized for that unit.

(3) Date of each installment payment. Installment payments for any particular separately

priced unit of a line item begin the number of months prior to the delivery of that unit that

are equal to the number of installment payments authorized for that unit. For example, if 8

installment payments are authorized for each separately priced unit of a line item, the first

installment payment for any particular unit of that line item would be 8 months before the

scheduled delivery date for that unit. The last installment payment would be 1 month

before scheduled delivery of a unit.

(4) Limitation on payment. Prior to the delivery payment for a separately priced unit of a

line item, the sum of all installment payments for that unit shall not exceed 70 percent of

the price of that unit.

(c) Contractor request for installment payment. The Contractor may submit requests for payment

of installment payments not more frequently than monthly, in a form and manner acceptable to

the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all installment

payments in any month for which payment is being requested shall be included in a single request,

appropriately itemized and totaled.

(d) Dates for payment. An installment payment under this clause is a contract financing payment

under the Prompt Payment clause of this contract, and except as provided in paragraph (e) of

this clause, approved requests shall be paid within 30 days of submittal of a proper request for

payment.

(e) Liquidation of installment payments. Installment payments shall be liquidated by deducting

from the delivery payment of each item the total unliquidated amount of installment payments

made for that separately priced unit of that line item. The liquidation amounts for each unit of

each line item shall be clearly delineated in each request for delivery payment submitted by the

Contractor.

(f) Security for installment payment financing. In the event the Contractor fails to provide

adequate security as required in this contract, no financing payment shall be made under this

contract. Upon receipt of adequate security, financing payments shall be made, including all

previous payments to which the Contractor is entitled, in accordance with the terms of the

contract. If at any time the Contracting Officer determines that the security provided by the

Contractor is insufficient, the Contractor shall promptly provide such additional security as the

Contracting Officer determines necessary. In the event the Contractor fails to provide such

additional security, the Contracting Officer may collect or liquidate such security that has been

14

provided, and suspend further payments to the Contractor; the Contractor shall repay to the

Government the amount of unliquidated financing payments as the Contracting Officer at his

sole discretion deems repayable.

(g) Special terms regarding termination for cause. If this contract is terminated for cause, the

Contractor shall, on demand, repay to the Government the amount of unliquidated installment

payments. The Government shall be liable for no payment except as provided by the Termination

for Cause paragraph of the clause at 52.212-4, Contract Terms and Conditions -- Commercial

Items.

(h) Reservation of rights

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

Payment by Electronic Funds Transfer-- System for Award Management (Jul. 2013)

(a) Method of payment.

(1) All payments by the Government under this contract, shall be made by electronic funds

transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause,

the term “EFT” refers to the funds transfer and may also include the payment information

transfer.

(2) In the event the Government is unable to release one or more payments by EFT, the

Contractor agrees to either--

(i) Accept payment by check or some other mutually agreeable method of

payment; or

(ii) Request the Government to extend the payment due date until such time as

the Government can make payment by EFT (but see paragraph (d) of this clause).

(b) Contractor's EFT information. The Government shall make payment to the Contractor using the

EFT information contained in the System for Award Management (SAM) database. In the event

that the EFT information changes, the Contractor shall be responsible for providing the updated

information to the SAM database.

(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the

Automated Clearing House (ACH) network, subject to the rules of the National Automated

Clearing House Association, or the Fedwire Transfer System. The rules governing Federal payments

through the ACH are contained in 31 CFR part 210.

(d) Suspension of payment. If the Contractor's EFT information in the SAM database is incorrect,

then the Government need not make payment to the Contractor under this contract until correct

EFT information is entered into the SAM database; and any invoice or contract financing request

shall be deemed not to be a proper invoice for the purpose of prompt payment under this

contract. The prompt payment terms of the contract regarding notice of an improper invoice and

delays in accrual of interest penalties apply.

(e) Liability for uncompleted or erroneous transfers.

(1) If an uncompleted or erroneous transfer occurs because the Government used the

Contractor's EFT information incorrectly, the Government remains responsible for--

(i) Making a correct payment;

(ii) Paying any prompt payment penalty due; and

(iii) Recovering any erroneously directed funds.

(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT

information was incorrect, or was revised within 30 days of Government release of the EFT

payment transaction instruction to the Federal Reserve System, and--

(i) If the funds are no longer under the control of the payment office, the

Government is deemed to have made payment and the Contractor is responsible

for recovery of any erroneously directed funds; or

(ii) If the funds remain under the control of the payment office, the Government

shall not make payment, and the provisions of paragraph (d) of this clause shall

apply.

(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner

in accordance with the prompt payment terms of this contract if, in the EFT payment transaction

instruction released to the Federal Reserve System, the date specified for settlement of the

15

payment is on or before the prompt payment due date, provided the specified payment date is

a valid date under the rules of the Federal Reserve System.

(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as

provided for in the assignment of claims terms of this contract, the Contractor shall require as a

condition of any such assignment, that the assignee shall register separately in the SAM database

and shall be paid by EFT in accordance with the terms of this clause. Notwithstanding any other

requirement of this contract, payment to an ultimate recipient other than the Contractor, or a

financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8,

is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it

were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other

than the Contractor, in the absence of a proper assignment of claims acceptable to the

Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.

(h) Liability for change of EFT information by financial agent. The Government is not liable for errors

resulting from changes to EFT information made by the Contractor's financial agent.

(i) Payment information. The payment or disbursing office shall forward to the Contractor available

payment information that is suitable for transmission as of the date of release of the EFT instruction

to the Federal Reserve System. The Government may request the Contractor to designate a

desired format and method(s) for delivery of payment information from a list of formats and

methods the payment office is capable of executing. However, the Government does not

guarantee that any particular format or method of delivery is available at any particular payment

office and retains the latitude to use the format and delivery method most convenient to the

Government. If the Government makes payment by check in accordance with paragraph (a) of

this clause, the Government shall mail the payment information to the remittance address

contained in the SAM database.

(1) No payment, vesting of title under this clause, or other action taken by the Government

under this clause shall --

(i) Excuse the Contractor from performance of obligations under this contract; or

(ii) Constitute a waiver of any of the rights or remedies of the parties under the

contract.

(2) The Government’s rights and remedies under this clause --

(i) Shall not be exclusive, but rather shall be in addition to any other rights and

remedies provided by law or this contract; and

(ii) Shall not be affected by delayed, partial, or omitted exercise of any right,

remedy, power, or privilege, nor shall such exercise or any single exercise preclude

or impair any further exercise under this clause or the exercise of any other right,

power, or privilege of the Government.

(i) Content of Contractor’s request for installment payment. The Contractor’s request for

installment payment shall contain the following:

(1) The name and address of the Contractor;

(2) The date of the request for installment payment;

(3) The contract number and/or other identifier of the contract or order under which the

request is made; and

(4) An itemized and totaled statement of the items, installment payment amount, and month for

which payment is being requested, for each separately priced unit of each line item.

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,

which are incorporated in this contract by reference, to implement provisions of law or Executive

orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-77 and 108-

78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions

of law or Executive orders applicable to acquisitions of commercial items:

16

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act

of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)

(Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743

of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul

2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ 52.219-1, Small Business Program Representations (OCT 2014)

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2)and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Nov 2016) of 52.219-9.

__ (v) Alternate IV (Nov 2016) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

(15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

__ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

17

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989). (Not

applicable to the acquisition of commercially available off-the-shelf items or certain other types

of commercial items as prescribed in 22.1803.)

__ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016). (Applies at $50

million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined

indefinitely as of the date of the order. The enjoined paragraph will become effective immediately

if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in

the Federal Register advising the public of the termination of the injunction.

__ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016).

__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially

available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition

of commercially available off-the-shelf items.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (JUN 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (JUN 2016) (E.O. 13693).

__ (40)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423

and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015)

(E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011)

(E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

__ (47) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (48)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and

112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (49) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301note).

__ (50) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and

statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

__ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

18

__ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

__ (56) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul

2013) (31 U.S.C. 3332).

__ (57) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to

commercial services, that the Contracting Officer has indicated as being incorporated in this

contract by reference to implement provisions of law or Executive orders applicable to

acquisitions of commercial items:

[Contracting Officer check as appropriate.]

__ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price

Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts

for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41

U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts

for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions

of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the

simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—

Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly

pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials,

and other evidence for examination, audit, or reproduction, until 3 years after final payment under

this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention,

of the other clauses of this contract. If this contract is completely or partially terminated, the

records relating to the work terminated shall be made available for 3 years after any resulting final

termination settlement. Records relating to appeals under the disputes clause or to litigation or

the settlement of claims arising under or relating to this contract shall be made available until such

appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and

practices, and other data, regardless of type and regardless of form. This does not require the

19

Contractor to create or maintain any record that the Contractor does not maintain in the ordinary

course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this

clause, the Contractor is not required to flow down any FAR clause, other than those in this

paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the

extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all

subcontracts that offer further subcontracting opportunities. If the subcontract (except

subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any

public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer

subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required

in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(a) During the term of this contract, the Contractor shall post a notice, of such size and in

such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous

places in and about its plants and offices where employees covered by the National Labor

Relations Act engage in activities relating to the performance of the contract, including all

places where notices to employees are customarily posted both physically and electronically, in

the languages employees speak, in accordance with 29 CFR 471.2 (d) and (f).

(1) Physical posting of the employee notice shall be in conspicuous places in and

about the Contractor’s plants and offices so that the notice is prominent and readily seen by

employees who are covered by the National Labor Relation Act and engage in activities

related to the performance of the contract.

(2) If the Contractor customarily posts notices to employees electronically, then the

Contractor shall also post the required notice electronically by displaying prominently, on

any website that is maintained by the Contractor and is customarily used for notices to

employees about terms and conditions of employment, a link to the Department of Labor’s

website that contains the full text of the poster. The link to the Department’s website, as

referenced in (b)(3) of this section must read, “Important Notice about Employee Rights to

Organize and Bargain Collectively with Their Employers.”

(b) This required notice, printed by the Department of Labor, can be –

(1) Obtained from the Division of Interpretations and Standards, Office of Labor-

Management Standards, U.S. Department of Labor, 200 Constitution Avenue, NW, Room N-

5609, Washington, DC 20210, (202) 693-0123, or from any field office of the Office of Labor-

Management Standards or Office of Federal Contract Compliance Programs; or

(2) Provided by the Federal contracting agency, if requested;

(3) Downloaded from the Department of Labor, Office of Labor-Management

Standards (OLMS) web site at: http://www.dol.gov/olms/regs/compliance/EO13496.htm ; or

(4) Reproduced and used as exact duplicate copies of the Department of Labor’s

official poster.

(c) The required text of the Employee Notification referred to in this clause is located at

Appendix A, Subpart A, 29 CFR Part 471.

(d) The Contractor shall comply with all provisions of the Employee Notice and related rules,

regulations, and orders of the Secretary of Labor.

20

(e) In the event that the Contractor does not comply with the requirements set forth in

paragraphs (a) through (d) of this clause, this contract may be terminated or suspended in

whole or in part, and the Contractor may be suspended or debarred in accordance with 29 CFR

471.14 and FAR Subpart 9.4. Such other sanctions or remedies may be imposed as are provided

by 29 CFR Part 471, which implements E.O. 13496 or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of the provisions of paragraphs (a)

through (f) of this clause in every subcontract that exceeds $10,000 unless exempted by the

rules, regulations, or orders of the Secretary of Labor issued pursuant to section 3 of Executive

Order 13496 of January 30, 2009, so that such provisions will be binding upon each

subcontractor.

(2) The Contractor and subcontractor are not permitted to procure supplies or

services in a way designed to avoid the applicability of Executive Order 13496 or this subpart.

(3) The Contractor shall take such action with respect to any such subcontract as

may be directed by the Secretary of Labor as a means of enforcing such provisions,

including the imposition of sanctions for noncompliance.

(4) However, if the Contractor becomes involved in litigation with a subcontractor, or

is threatened with such involvement, as a result of such direction, the Contractor may

request the United States, through the Secretary of Labor, to enter into such litigation to

protect the interests of the United States.

(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O

13627).Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts

for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts

for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (OCT 2016) (Applies at $50

million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined

indefinitely as of the date of the order. The enjoined paragraph will become effective immediately

if the court terminates the injunction. At that time, GSA, DoD and NASA will publish a document in

the Federal Register advising the public of the termination of the injunction.

(xvii) 52.222-60, Paycheck Transparency (Executive Order 13673) (OCT 2016)).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR

clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a

minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

21

DEPARTMENT OF STATE ACQUISITION REGULATION (48 CFR Chapter 6) CLAUSES

NUMBER TITLE DATE

652.225-71 Section 8(a) of the Export Administration Act of 1979, As

Amended (if order exceeds simplified acquisition

threshold)

AUG 1999

652.228-74

Defense Base Act Insurance Rates – Limitation; (a) The

Department of State has entered into a contract with an

insurance carrier to provide Defense Base Act (DBA)

insurance to Department of State covered contractor

employees at a contracted rate. For the purposes of this

provision, “covered contractor employees” includes the

following individuals:

(1) United States citizens or residents;

(2) Individuals hired in the United States or its possessions,

regardless of citizenship; and

(3) Local nationals and third country nationals where

contract performance takes place in a country where

there are no local workers’ compensation laws.

(b) In preparing the cost proposal, the bidder/offeror

shall use the following rates in computing the cost for

DBA insurance:

Services @ [contracting officer insert current rate] of

compensation; or

Construction @ [contracting officer insert current rate] of

compensation.

(c) Bidders/Offerors shall compute the total

compensation (direct salary plus differential, but

excluding per diem, housing allowance and other

miscellaneous allowances) to be paid to covered

contractor employees and the cost of DBA insurance in

their bid/proposal using the foregoing rate.

Bidders/offerors shall include the estimated DBA

insurance costs in their proposed fixed price or estimated

cost. However, the DBA insurance costs shall be

identified in a separate line item in the bid/proposal.

(End of provision)

JUN 2006

652.229-70 Excise Tax Exemption Statement for Contractors Within

the United States (for supplies to be delivered to an

overseas post)

JUL 1988

652.229-71 Personal Property Disposition at Posts Abroad AUG 1999

652.237-72 Observance of Legal Holidays and Administrative Leave

(for services where performance will be on-site in a

Department of State facility)

APR 2004

652.239-71 Security Requirements for Unclassified Information

Technology Resources (for orders that include

information technology resources or services in which the

SEP 2007

22

contractor will have physical or electronic access to

Department information that directly supports the mission

of the Department)

652.242-70 Contracting Officer’s Representative AUG 1999

652.242-71 Notice of Shipments JUL 1988

652.242-73 Authorization and Performance AUG 1999

652.243-70 Notices AUG 1999

652.247-71 Shipping Instruction FEB 2015

The following clause is provided in full text, and is applicable for orders for services that will require

contractor employees to perform on-site at a DOS location and/or that require contractor

employees to have access to DOS information systems:

652.204-70 Department of State Personal Identification Card Issuance Procedures

(MAY 2011)

(a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card

Issuance Procedures for all employees performing under this contract who require frequent

and continuing access to DOS facilities, or information systems. The Contractor shall insert

this clause in all subcontracts when the subcontractor’s employees will require frequent and

continuing access to DOS facilities, or information systems.

(b) The DOS Personal Identification Card Issuance Procedures may be accessed at

https://www.state.gov/m/ds/rls/rpt/c21664.htm

52.209-79 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Criminal Conviction under any Federal Law. (DEVIATION)

The contracting officer shall include the attached provision in all solicitations:

REPRESENTATION BY CORPORATION REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A

FELONY CRIMINAL CONVICTION UNDER ANY FEDERAL LAW

(DEVIATION PIB 2014-21) (SEPTEMBER 2014)

(a) In accordance with section 7073 of Division K of the Consolidated

Appropriations Act, 2014 (Public Law 113-76) none of the funds made available by that Act may

be used to enter into a contract with any corporation that –

(1) Was convicted of a felony criminal violation under any Federal law within the

preceding 24 months, where the awarding agency has direct knowledge of the conviction, unless

the agency has considered, in accordance with its procedures, that this further action is not

necessary to protect the interests of the Government; or

(2) Has any unpaid Federal tax liability that has been assessed for which all judicial

and administrative remedies have been exhausted or have lapsed, and that is not being paid in

a timely manner pursuant to an agreement with the authority responsible for collecting the tax

liability, where the awarding agency has direct knowledge of the unpaid tax liability, unless the

Federal agency has considered, in accordance with its procedures, that this further action is not

necessary to protect the interests of the Government.

For the purposes of section 7073, it is the Department of State’s policy that no award may be

made to any corporation covered by (1) or (2) above, unless the Procurement Executive has

made a written determination that suspension or debarment is not necessary to protect the

interests of the Government.

(b) Offeror represents that—

23

(1) It is [ ] is not [ x ] a corporation that was convicted of a felony criminal violation under

a Federal law within the preceding 24 months.

(2) It is [ ] is not [ x ] a corporation that has any unpaid Federal tax liability that has been

assessed for which all judicial and administrative remedies have been exhausted or have

lapsed, and that is not being paid in a timely manner pursuant to an agreement with the

authority responsible for collecting the tax liability.

(End of clause)