HomeMy WebLinkAboutCAG1981-019 - Original - U.S. Marshals Service - Basic Ordering Agreement - Federal Prisoner Housing - 1/13/1981 L L JK
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UNITED STA-ILSOr AMERICA
UNITED STATES DEPARTMENT OF JUSTICE
U.S. MARSHALS SERVICE
BASIC ORDERING NCTLE.U111 (BOA) 1981
1 of 34
1. AGr\EF1-1ENT NU DER CODE 2.MA NUMBER 3. ISSUE DATE
J-E86-M-247 082-C-E86-81 13, 1981
4. ISSUING OFFICE 5. ADDP\FSS OF GOVERNI ILII CONTPvACT MUNITOR
UNITED STATES MARSHALS SERVICE U. S. Marshals Serv-ce
PRISON12 SUPPORT DIVISION 300 U. S. Courthouse
1010 5th Avenue
CONTRACTS BRAINICH
1-TYSONS CORNER CENTER Seattle, 'Va 98104
MCLEAN, VIRGINIA 22102
Ar,3=,= DEFINITION
6, WITH nM CU1-)LL1\Z; FOR -0
S::t!iLS C i (761:�11z:-T1L-W--' C917-Rv`-.E BY IME FX=i'lGN 01'
—
.:7C7i ;'Z 'jjM- CC.7, lb,. ,_:) ACC=A:ZE OF '.IrM FIRST PPLISO.',ER TO T=-.1Pr CP
FO--( Tla� 71L" O"CaR. 71C'COMINMY, 'DIESL:FVlCiZ SP!-;Z1F1:2, Hl-=IN ;'RE C- y -RE
TOIS CONSIS7`3 Or TliE FlST11-aqIWj:
cover p..�c4e and certifications, 4 pages Service Contract Act of 1965, as amended,
The sch-jule attz;ched hereto 3 page(s) (incorporated by Reference).
Goidcl;res for G,)nt-lIticns of Confincment,11 page(s) Basic Data Shoot
The General Cwttrat:T Provisions,j 5 pac,'c(s)
(pagan 2 thru 4 must also be fully conjil&'Led by offeror)
CM,'��:::!',i i'OR C0:-)1T1W'3 G, :,:s
SERVICI'S,
CX-"-z 11 t: CL cill (Nil" LNz"T"; OF I'll, 1'. IIAT]
9. NA ND TITLE OF P ,SON(S) AUTHORIZED TO
S. OFFEROR !WF-
Date ;iz
NAME AND ice Department
ADDRESS Kent Police (Signaturg)
(street,city, 220 S 4th Mayor - City of Kent
county,State Kent, Washington 98031 Type or Print' Title
and ZIP code)
Date
AREA CODE AND TELEPHONE NO.t> 206-872-3315 (Signature)
Type or Print Title
(To be completed by Government!
11.1,,anoNl R TY11:1101 IMIMI);1) 14. your offer or, this solicitation including the additions ci
UNSEN I k*NCH) S[<Nl LNCLU made by you which additions or changes are set forth in full
Cl t!�ld Deer
X1 Rq:%,L, Adult Male IX Adult Malt herein, is hereby accepted as to the items listed and on any
AdUft Frma[C 0 Adull FMaIC continuation sheets.
EI Juvenile MAC 0 JuwnilcNIAC THE UNITED STATES OF AP.IER ICA
0 juvruiic r,nai- 0 )uwnil,Ft,—le BY DIRECTION OF THE DIRECTOR OF THE UNITED
-1 [X INs Pi Work Itelcasc STATES -RV
R
MIENS
X BY
V(SIGAIATLIfiE C0NTflACT1,VG OFFICFP)
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AN111'111A`111,',v'JW WtiAkil NAME OF CONTRACTING OFFICER 17. DATE S I G N L:1)
(Type or f Irin 0
`risorrr Dan 1000 b e, 0 P/�
BOP
pltiOlk FDiTIONS Alkl:OBSOLCITY AND Alt EW)TTO IIE USED
OFFEROR'S RLPRESL•NTATIONS A14D CL•RTIFICATIUNS
1. CONTINGENT Flit REl'ItESEI,;7'A"I'ION (Clicel. appropriate boxes): The offeror represents (a) that he ❑ has,
Whas not, employed or retained any company or person (other than a full-time bona fide employee working solely
for the bidder) to solicit or secure this contract,and (b) that lie ❑ has, ❑ has not, paid or agreed to pay any company
or person (other than afoil-time bona fide employee working solely for the bidder) any fee,commission, percentag cc or
brokerage fee,contingent upon or resulting from the award of this contract;and agrees to furnish information relating;to
(a)and (b) above as requested by Elie Contracting Officer. (NOTE: Por interpretation of the representation, including the
term"bona fide employee,"see Code of Federal Regulations,Title 41,Chapter 1,Subpart 1-1-5.)
2. EQUAL OPPORTUNITY '
(a) He'0 has, ❑ has not, participated in a previous contract or subcontract subject either to the Equal Opportunity
Clause herein or the clause originally contained in seetion,301 of Executive Order No. 10925, or the clause contained
in Section 201 of Executive Order No. 11114; that hcA has, ❑ has not, filed all required compliance reports;and
that representations indicating;submission of required compliance reports, signed by proposed subcontractors, %vill be
obtained prior to subcontract awards. (The abovc representation need not be submitted in connection with contracts
or subcontracts which arc exempt from the equal opportunity clause.)
'(b) The bidder (or offeror)represents that (1) hc,j has developed and h.,s on file, ❑ has not developed and does not
have on file, at each establishment affirmative action programs as recuired by the rules and regulations of the Secretary
of Labor(41 CFR 60-1 and 60-2) or (2) he ❑ has not previously i,ad contracts subject to the written affirmative
action programs requirement of the rules and regulations of the Secretary of Labor. (-The abovc rcpresentatiopi shall be
completed by each bidder(or offeror) whose bid(offer) is S50,000 or score and who has SO or more cnrlrloyees.)
3. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:
(a) By submission of this proposal, each offeror certifies, and in the case of a joint proposal each party thereto certifies
as to its own organization, that in connection with this prourrecicnt:
(1) The prices on this proposal have been arrived at independently, without consultation,communication, or agreement,
for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with
ally competitor. .
(2) Unless otherwise required by law, the prices whicfr have bean quoted in this proposal have not been knou•inzly
disclosed by the offeror and will not knowingly be disclosed by the offeror prior to award directly or indirectly
to any other offeror or to any competitor;and
(3) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to
submit a prc,nosal for Elie purpose of restricting competition.
(b) Each person sibling this proposal certifies that:
(1) fie is the person in the offeror's organization responsible within that organization for the decision as to the prices
being;offered herein and that lie has not participated, and will not participate, in any action contrary to (a) through
(a)(3) abovc;or
(2)(i) lie is not the person in the offeror's organization responsible within that organization for the decision as to Elie
prices being;offered herein but that he has been authorized in writing •o act as agent for the persons respor,s:blc
for such decision in certifying; that such persons have not participated,and will not participate, in any action
contrary to (a)(1) throug;li (a)(3), and as their agent clues licicb)• so certify, and
W IIe has not participated, in any action contrary to (a)(3).
2
'.�(c) This ccrtificatiuu is not applicable to a fcucil;n offeror submitting; piopusal for a cunuact which requires pctfonuancc
or delivery outside dic United States, its possessions, and Pucrto ltieu.
(d) A proposal %%•ill nut be considered for award w}icrg (a)(1), (3), or (b) has been deleted or modified.Wherc (a)(2) has
been deleted or modified, the proposal will not be considered for award unless the offeror furnished with the proposal
a signed statement which sets forth in drtail the circumstances of the disclosure and the head of the agency,or his des-
ignee,determines that such disclosure was not trade for the purpose of restricting competition.
4. NOTICE OF REQUIREMENT FOIL CERTIFICATION OF NONSEGREGATED FACILITIES:
.Bidders and offerors arc cautioned is follows: By signing this bid or offer, the bidder or offeror will be deemed to have
signed and agreed to the provisions of the "Certification of Nonsegregated Facilities" in this solicitation.The certif.-cation
provides that the bidder or off,-ror does not maintain or provide for leis cniployecs facilities which arc segregated on a basis
of race,creed, color, or national origin, whether such facilities arc s Zi-egated by directive or on a de facto basis. The Certifi-
cation also provides that he will not maintain such segregated facilities. Failure of a bidder or offcror to agree to the Certifi-
cation of Nonsegregated Facilities will render his bid or offer nonresponsive to tlic terms of solicitation involving awards of
contracts exceeding S10,000 which arc not exempt from the provisions of the Equal Opportunity clause.
5. CERTIFICATION OF NONSEGREGATED FACILITIES:
`(Applicable to contracts, subcontracts,and agreements with applicants who are themselves performbig Federally assisted
'Construction contracts, exceeding S10,000 which arc not exempt from the provisions of the Equal Opportunity clause.)
By the submission of this bid, the bidder, offeror,applicant, or subcontractor certifies that lie does not maintain or provide
for his employees any segregated facilities at any of his establishments, and that lie does not permit his employees to perform
their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will
not maintain or provide for his employees any segregated facilities at any of his establishments, and that lie will not permit
his employees to perform their services at any location, under his contro! where segregated facilities arc maintained. The
bidder,offcror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity
clause in this contr:act. As used in this certification, 111e term "segregated facilities" means any waiting room, wort: areas,
rest rooms and wash roonis, restaurants and other eating areas; time clocks, locker rooms, and other storage or dressing; areas,
parking lets, (1,M1,ing fountains, rr•(nation or entcit iinnient areas, transportation,and housing facilities provided for cm
ployees, which arc segregated b)• explicit national origin, because of habit, local custom, or otherwise. IIc further agrees.that
(except when he leas obtained idr-ntical certifications from proposed subcontractors for specific time periods) he will obtain
identical certification from propwcd subcontractors prior to the award of subcontracts exceeding S10,000 which are not
exempt from the provisions of thr`I'qual Opportunity clause; that lie will retain such certification in his files;and that lie will
forward the fallowing notice to such proposed subcontractors (except •.vllere the proposed subcontractors have submitted
identical eerti ications for specific tinic periods):
Notice to Prospective Subcontiactors of Requirement for Certifications of Nonsegregated Facilities
A Certification of Nonsc•t;.-cg�ated Facilities as required by May 9, 1967, order (32 F.R. 7439, May 19, 1967) on Elimination
.of Segregated.Facilities by the Secretary of labor, must be submitted prior to the award of a subcontract exceeding S10,000
which is not cxcriipt frOili t11e provisions of the Equal Opportunity clause. Tile Certifications may be submitted either for
each subcontract or for all subcontracts during;a period 0-c., quarterly, semiannually, or annually).
6. CLEAN AIR AND WATER CERTIFICATION:
(Applicable if bid or offer exceeds S100,000, or the contracting officer has determined that orders under an indefinite 4uan-
tity contract in any year will exceed S100,000 or a facility to be used has been tite subject of a conviction under the Clean
OFFEROWS R1TKESENTATIONS AND CI7IZ't•11.'ICA'1'IUNS
Air Act(42 U.S.C. 1857c-8(c)(1) or the Federal Water Pollution Control Act(33 U.S.C. 1319(c) and is listed by EPA, or is
not otherwise exempt.)
The bidder or offeror certifies as follows:
• (a)- Any facility to be utilized in the performance of this proposed contract has ❑ , has not ❑, been listed on the Eu-
vironniental Protection Agency List of Violating Facilities.
(b) He will promptly notify the contracting officer, prior to award, of the receipt of any communication from the Director,
Office of Federal Activities, U.S. Er•vironmental Protection Agency, indicating that any facility which he proposed to
use for the .performance of the contract is under consideration to be listed on the EPA List of Violating facilities.
(e) He will include substantially this certification, including this paragraph in every nonexempt subcontract.
7. MINORITY BUSINESS ENTERPRISE:
(Applicable if bid or offer is in excess of S10,000.) The offeror represents that he ❑ is, ❑ is not "business, at least 50
percent of which is owned by minority group members or,in case of publicly owned businesses, at least 51 percent of the
stock of which is owned by minority group members." For the purpose of this definitio-; minority group members arc
Negroes, Spanish-speaking American persons,Arrmerican-Orientals, American-Indians,American-Eskimos, and American-
Alcu ts.
8. By submission of this proposal, the offeror hereby certifies that he is not barred by any Government agency from doing
business with the Government
NAME OF OFFL••ROR OR BIDDER RFP OI;CONTR,WT NO.
KENT POLICE DEPARTMENT
By (Signet c) TITLE DATE
MAYOR
• oPo'667.OG0
UNITED STAi........_... MARSHALS SERVICE Gb,LE' LL:NT NO. page No.
AGREEMENT SCHEDULE J—E86—M-247
(SUPPORT OF U.S PRISONERS)
1; of
ARTICLE I — STAT3T1= OF WORY
A. Upon the execution of a contract/purchase order against this agreement and placement
of prisoners, the contractor shall furnish the necessary facilities, equipment and per-
sonnel to provide for the safekeeping, care and subsistence of Federal prisoners. A
Federal prisoner, as interpreted by this contract, is any prisoner held under any Federal
statute, with exceptions as noted in Block 11 of Page 1 of this agreement.
B. The contractor shall be responsible for the secure custody of all federal prisoners
from the time the prisoners are accepted for custody by the contractor until they are
prc,oerly removed from custody by an authorized Federal official. Adequate secure custody
requires physical control of the prisoner at all times. The physical control of the
prisoner exercised by the contractor shall be sufficient to prevent escape, especially
when the prisoner is not contained within the confines of the cell block. The contractor
is responsible for maintaining constant supervision of housing areas at all times that
the prisoner is contained within its confines. The contractor is responsible for
maintaining secure control of the prisoner at all times when he is outside the confines
of the housing area through use of armed guards or constant observation, or both, over
any indoor and outdoor areas which contain the prisoner,
C. The contractor shall accept all Federal prisoners offered for custody and confine-
ment by Federal Iaw Enforcement officials up to the maximum number of prisoners capahle
of being accommodated within the contractor's facility. -he Federal. Law Enforcement
official will present his badge and credential to the contractor at the time of the pris-
oner acceptance as his authority for offering the prisoner for custody and confinement.
The contractor shall accept prisoners only from Federal Law Fnforcement officials who
can provide proper. badges and notify the U.S. Marshal or his Deputy immediately upon
acceptance of any prisoner presented by a Law F,nforcement official other than a U.S.
Marshal or Ceputy. The contractor shall accept Federal Prisoners at any time of the day
or night.
D. Basic medical care shall be provided to federal prisoners by the contractor. Basic
medical care includes sick call and self-care, i:e. , care of any condition which can be
treated by the prisoner which may include "over the counters' type medications as may be
prescribed by the jail-medical staff. Basic medical also includes care of any condition
which requires immediate assistance by a person trained in first aid procedures.
ARTICLE II - FFFFCTIVF PFRIOn/TF.PMINATIM
This agreement shall be in effect from the date of execution by the contracting officer
until terminated in writing by either party giving written notice to the other party.
provided that such discontinuance shall not affect any annual contract invoking the pro-
visions of this agreement.
However, with regard to any contract placed under this agreement; it is recognized by.
the contracting parties that changed conditions beyond the contractor's control might
rise under the contract, (i.e. overcrowding conditions, enactment of local laws, Federal
court order, efc.) in which it may become actually imcxssihle to continue housing Federal
prisoners within the basic contract objectives contemplated. Should conditions of an
unusual nature occur making it impractical or undesirable to continue housing prisoners,
GPO 930-944
Form USM-24G
(Est.5/16/78)
UNITED STA1.....-,v1ARSNALS SERVICE GREERM NO. page No.
AGREEMENT SCHEDULE
(SUPPORT OF U.S PRISONERS) J-E86-M-247 6 of 7
the contract may unilaterally suspend the use of the facility by any or all Federal
agencies by giving thirty (30) days written notice to the Contracting Officer. Notice to
the, contracting officer shall be by registered mail and addressed to the Contracting
officer, One Tysons Corner Center, McLean, Virginia 22102. 'Jhe thirty (30) days notice
shall be computed from the date of mailing of such notice.
ARTICLE III - FIDMCIAL PROVISIONS
A. In consideration of the contractor's satisfactory performance of work called for
under this contract, the government shall reimburse the Contractor for orders placed
against this agreement in accordance with rates negotiated pursuant to the provisions
herein. The rate shall cover one person per manday. The government may not be billed
for two days when a prisoner is admitted one evening and removed the following morning.
The contractor may bill for the day of arrival or the day of departure, but not both.
B. The contractor represents that he has an accounting system that is sufficiently
accurage and reliable to segregate and report the actual operational costs of the
jail facility. It is contemplated that the actual cost shall be the basis for per
diem rates and that such rates shall be adjusted periodically.
C. If, in the event the contractor does not have an adequate system for reporting
actual operating costs, the contractor may, subject to approval by the contracting
officer, have a facility cost, study performed by an independent audit firm, for
the establishment of a cost methodology which will assure the identification of
all allowable and allocable cost to the contract, the costs of which the government
may bear. As a minimum, the audit shall consist of the following.
1. Evaluation of the adequacy of the cost methodology used in arriving
at the proposed rates to assure the identification of all allowable
and allocable to the Federal contract;
2. Identification of'the estimated total direct cost of the facility;
3. Identification of a pro rata share of the indirect costs of the
county if the county had an indirect cost plan which meets the
requirements of FMC 74-4;
4. Petermination of the per diem costs attributable to Federal
prisoners.
i
�r 5. Preparation of appropriate cost and pricing data sheets;
6. Establishment of a reccmrended written procedure or cost
methodology which will allow a reliable reporting of actual
I:
cost to support future rate adjustmnts to reflect current
M` costs and occupancy which will account for the over or under
recovery of cost through a roll-forward adjustment. (This
writtefl procedure must be approved by the Federal contracting
t. officer and incorporated into a written negotiation agreement.)
i
f
' I
GPO 930-944
Form USM-246
(Eat.5/16/78)
UNITED STA MARSHALS SERVICE WRLENENT NO. page No.
AGREEMEN
T SCHEDULE
(SUPPORT OF U.S PRISONERS) J-E86-M-247
ARTICLE IV - ECONOMIC PRICF. ADJUSTMEPfI'
A. If, at the end of twelve (12) months, and at the end of each subsequent
twelve (12) month period, the contractor's cost for any services covered by this
agreement has increased or decreased, then upon submission by the contractor to
the Contracting Officer or written notice by the submission of a certified cost
statement prepared in accordance with the approved cost methodology and after
approval by the Contracting Officer, the per capita daily rate for services
delivered in accordance with the contract, the per- capita daily rate shall be
adjusted by a written modification to the contract in place under this agreement.
B. No rate adjustment shall be deemed as approved until the receipt by the
contractor of a formal modification to the contract placed under this agreement
issued by the Contracting Officer.
ARTICLE V - BILLING ADDRESSES
The billign addresses.of the agencies using this agreement as indicated in block 11 of
page 1 are as follows:
PRISONER TYPE PAYOR
1. Pre-Trial Detainees United States Marshals Service
(unsentenced) 300 U.S. Courthouse
1010 5th Ave.
Seattle, WA 98104
2. INS Detainees (Aliens) Immigration & Naturalization Service
Asst. Regional Con¢nisioner, PMP
Federal Bldg.
Fort Snelling
Twin Cities,' PIN 55111
3. Sentenced Prisoners Comnunity Programs Officer
Bureau of Prisons
3198 Federal Bldg.
915 2nd Ave.
Seattle, WA 98174
• GPO 030•944
Form USM-246
(Est.5/16/78)
KENT CITY Jj\IL
,:n,1 S 4th, Kent, Wa. 98031
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Suppossigg -bbbion Commander
3/4/81
U.S.,• D�hartmcnt of Justice BASIC DATA SM.1.7
Uhitt'Xi Stare; Ftnr :! ,ils: ",orvicc, ^(Siipport for U.S. Prinonors)
7tIis torn will W, executecf-aiid sulxnitttxl with in re::porr5c to "12equest for
Proposals," for the procurement of jail detention services.
1. Name of Facility: KENT CITY JAIL
2. Present number of full and part time employees positions assigned to the facility and
total annual salary:
No. of full time employees 6 annual cost$140,409
No. of part time employees annual cost
3. ACTUAL annual jail operating cost for past fiscal year $ 162, 989
Period Covered, From January 1, 198Q0 December 31, 1980
4. Total amount of approved annual operating budget $1 6 2, 9 8 9 (please attach copy)
Period Covered, From 1-1-81 To 12-31-81
NOTE: The amounts for 3 and 4 above should include only those costs which are
directly allocable to the jail facility.
5. ACTUAL total numnber of prisoners days for past fiscal year 5188
MALE FEMALE JUVENILE TOTAL
6. Inmate capacity of jail:
18 2 20
7. ACTUAL number of prisoners held during -
past fiscal year
MALE FEJZ- JUVENILE T rAL
A. Non-federal (state and local) 1424 95 1519
f
B. Federal (US�IMS, BOP, INS, Etc.j 38 4 42
TOTAL PRISONERS 1462 99 1561
8. Current Average daily inmate population: NON-FEDERAL 14. 21 FEDERAL
CALCULATION OF JAIL DAY RATE
9. TOTAL ANNUAL OPERATING COSTS = $ 162, 989 = $ 31.42 Average Daily Cost per
Capacity x 365 Days prisoner ¢�
CERTIFICATION
This is to certify that, to the best of my knowledge and belief, the above data furnished is
accurate, complete and current and does not include any unallocable, or unallowable costs pro-
hibited by 41 CPR 1=15. I further certify that the proposed rate excluding medical is reflective
of the actual cost for the housing of a prisoner at this facility.
The records of this agency are available for review by the authorized representative of the U.S.
Gaverrun-,nt to verify this daily per-capita cost.
I understand that this per-capita cost may be adjusted upward or downward in accordance
with the price escalation clause and modification to the contract by the U:S. Government
Contracting Officer.
Signature _ '-'.. 3/4/81
(DNrE)
Acting Support Services Commander
(TITLE)
STANDARD FORM 26, JULY 1966 PAGE OF
GENERAL SERVICES ADMINISTRATION AWARD/CONTRACT 1
FED. PROC.-REG. (41CFR) 1-16.101
1. CONTRACT(Pr°c. Inst. Ident.)NO. 2. EFFECTIVE DATE 3. REQUISITION/PURCHASE REQUEST/PROJECT NO. 4. CERTIFIED FOR NATIONAL DEFENSE UNDER BDSA
J-E86-M-247 4/1/81 082—C-86-81 RATINGAND/OR DMS AEG. 1.
S. ISSUED BY CODE 6. ADMINISTERED BY CODE 7. DELIVERY
FOB
United States Marshals �lce, risoner (If other than beak 5) ❑ NATIONTI-
Support Division, Contracts Branch
OTHER(See
1 Tysons Corner Center ❑ below)
McLean, Virginia 22102
8. CONTRACTOR CODE I o.TTFACILITY CODE 9. DISCOUNT FOR PROMPT PAYMENT
NAME AND ADDRESS
F Kent City Police Department
(street, city, 220 South 4th Street
and ZIP�,) Kent, Washington 98031
10. SUBMIT INVOICES (4 copies unless othe ise
specified)TO ADDRESS SHOWN IN BLOCK
L OF BASIC ORDERING AGREEMENT
11. SHIP TO/MARK FOR CODE 12. PAYMENT WILL BE MADE BY CODE
AS LISTED IN ARTICLE V OF BASIC ORDERING
N/A AGREEMENT
❑ 10 U.S.C. 2304 (o)( )
13. THIS PROCUREMENT WAS ❑ ADVERTISED, ❑ NEGOTIATED, PURSUANT TO: ® 41 U.S.C. 232 (cK 3)
14. ACCOUNT14G AND APPROPRIATION DATA
1511020
15. 16. 17, 18. 19. 20.
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1. STATEMENT OF SERVICES CONTRACT for detention
services for Federal prisoners in accordance
with the provisions contained in BASIC ORDERING ESTIMATED
AGREEMENT NO. J-E86-M-247 dated April 1, 1981 150 PD $31.42* $4,713.00
for the period April 1, 1981 THROUGH September
30, 1981.
*PER NEGOTIATED AGREEMENT DATED 4/1/81
21. TOTAL AMOUNT OF CONTRACT $
CONTRACTING OFFICER WILL COMPLETE BLOCK 22 OR 26 AS APPLICABLE
22. ❑ CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is required to sign 26, ❑ AWARD (Contractor is not required to sign this document.) Your offer on
this document and return copies to issuing office.) Contractor agrees daBOQ 4���i51e�TtlCllnl negrt�eied cost data
to furnish and deliver all items or perform all the services set forth or otherwise additions or changes mad•by yeu w ch cl�dif ons or changes we set forth in full
identified above and on any continuation sheets far the consideration stated herein. above,is hereby accepted as to the items listed above and on any continuation sheets.
The rights and obligations of the parties to this contract shall be subject to and gov- This award consummates the contract which consists of the following documents:(a)
erned by the following documents:(a)this award/conrrad,(b)the solicitation,if any, the Government's BOA and your offer, and (b) this aword/contract. No
and(c)such provisions, representations,certifications,and specifications, as are further corMrgphl6TJdocument is necessary.
attached or incorporated by reference herein. (Attachments are listed herein.)
23. NAME OF CONTRACTOR 27. UNITED"'STAS
BY BY s
(Signature of person authorized to sign) (Signature Contracting Officer)
24. NAME AND TITLE OF SIGNER (Type or print) 25. DATE SIGNED 28. NAME OF CONTRACTING OFFICER (Type or print) 29. DATE SIGNED
ROBERT Q. RYAN 4/1/81
26-105
USM FORM 247
(Est. 5/31/78)
UNITED STATES MARSHALS SERVICE
JAIL CONTRACT GENERAL PROVISIONS
(Support of U.S. Prisoners)
CLAUSECLAUSE TITLE PAGE
NO. TITLE :PAGE NO.
1 DEFINITIONS ' 17 COMPETITION IN
SUBCONTRACTING 6
2 CHANGES 2
18 GOVERNMENT PROPERTY 6
3 PAYMENTS 2
19 NEW MATERIALS 8
4 ASSIGNMENT OF CLAIMS 2
20 OTHER CONTRACTORS 8
5 CONTRACT WORK HOURS 8
STANDARDS ACT— 21 STANDARDS OF WORK
OVERTIME COMPENSATION 2 8
22 INSPECTION
6 INTEREST 3
23 TERMINATION FOR
7 LIMITATION ON WITHHOLDING CONVENIENCE OF THE
OF PAYMENTS 3 GOVERNMENT 9
8 PRICE WARRANTY 3 24 DEFAULT 11
9 COVENANT AGAINST 25 DISPUTES 1 I
CONTINGENT FEES 3
26 EQUAL OPPORTUNITY 11
10A FEDERAL STATE and LOCAL
TAXES 3 27 EMPLOYMENT OF THE
HANDICAPPED 12
1013 FEDERAL STATE&LOCAL
TAXES 28 CLEAN AIR AND WATER 12
(CR FPR 1-11.4) 4 13
29 PRIVACY
11 EXAMINATION OF RECORDS 4
30 PAYMENT OF INTEREST
12 AUDIT 5 ON CONTRACTOR'S 13
13 PRICE REDUCTION FOR 31 OFFICIALS NOT TO 14
DEFECTIVE COST OR BENEFIT
PRICING DATA 5
32 AFFIRMATIVE ACTION
14 SUBCONTRACTOR COST AND FOR DISABLED
PRICING DATA 5 VETERANS OF
VIETNAM ERA i 14
15 SUBCONTRACTS 5
" 16 AWARD OF SUBCONTRACTS 6
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se laei)uoo aqi gl1n+1utpaaooid woi3 ioloeiluoj oq)osnnza ppgs asnelo anLq ppllS suual 'uimoHo3 atµ 'lneiluoo sitp lnoq'nonp posit sd -I
sitli ui guiglou`10na,v011«•sajndsiQ„pa1 pua loriluoo sigl 3o asnelo aql
3o 2UTueaw agl Ulgltm 13e3 3o uotisanb e 'utuiaouoa aindsip P. aq ileys •suotl!u!J3U
employed on such work to work in excess of eight hours in any 2. withholdings not specifically provided for by this contract:and
calendar day or in excess of forty hours in such workweek on work
subjects to the provisions of the Contract Work Hours Standards Act 3. the recovery of overpayments.
unless such laborer or mechanic receives compensation at a rate not less
than one and one-half times his basic rate of pay for all such hours
worked in excess of eight hours in any calendar day or in excess of 8. Price Warranty.
forty hours in such workweek, whichever is the greater number of
overtime hours. The Contractor warrants tha the price(s) charged the Government
herein, is/are equal to or less than net price(s) currently charged(after
b. Violation: Liability For Unpaid Wages; Liquidated Damages. the most favorable discount) to any other customer for articles and/or
In the event of any violation of the provisions of paragraph "a," the services of identical or comparable nature.
Contractor and any subcontractor responsible therefor shall be liable to
any affected employee for his unpaid wages. In addition, such 9. Covenant Against Contingent Fees.
Contractor and subcontractor shall be liable to the United States for
liquidated damages. Such liquidated damages shall be computed with The Contractor warrants that no person or selling agency has been
respect to each individual laborer or mechanic employed in violation of employed or retained to solicit or secure this contract upon an
the provisions of paragraph"a"in the sum of$10 for each calendar day agreement or understanding for a commission, percentage, brokerage,
on which such employee was required or permitted to be employed on or contingent fee, excepting bona fide employees or bona fide
such work in excess of eight hours or in excess of the standard established commercial or selling agencies maintained by the Contractor
workweek of forty hours without payment of the overtime wages for the purpose of securing business. I-or breach or violation of this
required by paragraph"a." warranty the Government shall have the right to annul this contract
without liability or in its discretion to deduct from the contract price
c. Withholding for Unpaid Wages and Liquidated Damages. The or consideration, or otherwise recover, the full amount of such
Contracting Officer may withhold from the Government Prime Con- commission,percentage,brokerage,or contingent fee.
tractor, from any moneys payable on account of work performed by
the Contractor or subcontractor,such sums as may administratively be 10A. Federal,State and Local Taxes.
determined to be necessary to satisfy any liabilities of such Contractor
or subcontractor for unpaid wages and liquidated damages as provided 1. Except as may be otherwise provided in this contract, the
in the provisions of paragraph"b." contract price includes all applicable Federal,State,and local taxes and
duties.
d. Subcontracts. The Contractor shall insert paragraphs "a" 2. Nevertheless, with respect to any federal excise tax or duty on
through "d" of this clause in all subcontracts, and shall require their the transactions or property covered by this contract,if a statute,court
inclusion in all subcontracts of any tier. decision, written ruling, or regulation takes effect after the contract
e. Records. The Contractor shall maintain payroll records date,and—
containing the information specified in 29 CFR 516.2(a).Such records a. Results in the Contractor being required to pay or bear the
shall be preserved for three years from the completion of the contract. burden of any such Federal excise tax or duty or increase in the rate
thereof which would not otherwise have been payable on such
6. Interest. transactions or property, the contract price shall be increased by the
amount of such tax or duty or rate increase: Provided, that the
Notwithstanding any other provisions of this contract, unless paid Contractor if requested by the Contracting Officer,warrants in writing
within 30 days all amounts that become payable by the Contractor to that no amount for such newly imposed Federal excise tax or duty or
the Government under this contract (net of any applicable tax credit rate increase was included in the contract price as a contingency reserve
under the Internal Revenue Code) shall bear interest at the rate of six or otherwise:or
percent per annum from the date due until paid.Amounts shall be due
upon the earliest one of (i)the date fixed pursuant to this contract; b. Results in the Contractor not being required to pay or bear
(ii)the date of the first written demand for payment, consistent with the burden of, or in his obtaining a refund or drawback of, any such
this contract, including demand consequent upon default termination; Federal excise tax or duty which would otherwise have been payable on
(iii) the date of transmittal by the Government to the Contractor of a such transactions or property or which was the basis of an increase in
proposed supplemental agreement to confirm completed negotiations the contract price, the contract price shall be decreased by the amount
fixing the amount;or(iv)if this contract provides for revision of prices, of the relief, refund, or drawback, or that amount shall be paid to
the date of written notice to the Contractor stating the amount of Government, as directed by the Contracting Officer.The contract price
refund payable in connection with a pricing proposal or in connection shall be similarly decreased if the Contractor, through his fault or
with negotiated pricing agreement not confirmed by contract supple- negligence or his failure to follow instructions of the Contracting
ment. Officer, is required to pay or bear the burden of, or does not obtain a
7. Limitation on Withholding of Payments. refund or drawback of,any such Federal excise tax or duty.
If more than one clause or Schedule provision of this contract 3. No adjustment pursuant to paragraph "2" above will be made
authorizes the temporary withholding of amounts otherwise payable to under this contract unless the aggregate amount thereof is or may
the Contractor for supplies delivered or services performed,the total of reasonably be expected to be over$100.
the amounts so withheld at any one time shall not exceed the greatest
amount which may be withheld under any one such clause or Schedule 4. As used in paragraph "2" above, the term "contract date"
provision at that time;provided, that this limitation shall not apply to: means the date set for the bid opening, or if this is a negotiated
contract, the date of this contract. As to additional supplies and
1. withholdings pursuant to any clause relating to wages or hours of services procured by modification to this contract, the term "contract
employees; date"means the date of such modification.
3
5. Unless there does not exist any reasonable basis to sustain all (1) Was to be included in the contract price pursuant to the
exemption, the Government, upon request of the Contractor, without requirements of paragraphs"2"and
further liability, agrees, except as otherwise provided in this contract,
to furnish evidence appropriate to establish exemption from any tax (2) Was included in the contract price;or
which the Contractor warrants in writing was excluded from the
contract price. In addition, the Contracting Officer may furnish (3) Was the basis of an increase in the contract price;the
evidence to establish exemption from any tax that may, pursuant to contract price shall be decreased by the amount of such relief,refund,
this clause, give rise to either an increase or decrease in the contract or drawback allocable to this contract,or the allocable amount of such
price. Except as otherwise provided in this contract, evidence appro- relief, refund, or drawback sliall be paid to the Government,as directed
priate to establish exemption from duties will be furnished only at the by the Contracting Officer. The contract price also shall be similarly
direction of the Contracting Officer. decreased if the Contractor, through his fault or negligence or his
failure to follow instructions of the Contracting Officer, is required to
6. The Contractor shall promptly notify the Contracting Officer of pay or bear the burden,or does not obtain a refund or drawback or any
matters which will result in either an increase or decrease in the such tax, duty, interest, or penalty. Interest paid or credited to the
contract price, and shall take action with respect thereto as directed by Contractor incident to a refund of taxes shall inure to the benefit of the
the Contracting Officer. Government to the extent that such interest was earned after the
lOB. Federal,State,and Local Taxes. Contractor was paid or reimhursed by the Government for such taxes.
c. Invoices or vouchers covering any adjustment of the contract
1. As used throughout this clause,the tern"contract date"means price pursuant to this paragraph "4"shall set forth the amount thereof
the date of this contract. As to additional supplies or services procured as a separate item and shall identify the particular tax or duty involved.
by modification of this contract, the term "contract date" means the
date of such modification. d. This paragraph "4" shall not be applicable to social security
taxes; income and franchise taxes, other than those levied on or
2. Except as may be otherwise provided in this contract, the measured by (i)sales or receipts from sales, or (ii)the Contractor's
contract price includes, to the extent allocable to this contract, all possession of, i_terest in, or use of property, title to which is in the
Federal,State and local taxes which,on the contract date: Government; excess profits taxes; capital stock taxes;unemployment
compensation taxes;or property taxes,other than such property taxes,
a. By Constitution, statute, or ordinance,are applicable to this allocable to this contract, as are assessed either on completed supplies
contract,or to the transactions covered by this contract,or to property covered by this contract,or on the Contractor's possession of,interest
or interests in property;or in,or use of property,title to which is in the Government.
b. Pursuant to written Wiling or regulation, the authority c. No adjustment pursuant to this
charged with administering any such tax is assessing or applying to,and p amount
t ere will be made
is not (ranting or honoring an exemption for, a contractor under t! ,s under this contract unless the aggregate amount thereof is or may
reasonably be expected to be over$100.
kind of contract, or the transactions covered by this contract, or
property or interests in property.
5. Unless there does not exist any reasonable basis to sustain an
II exemption, the Government upon request of the Contractor, without
3. Except as may be otherwise provided in this contract,duties in further liability, agrees, except as otherwise provided in this contract,
effect on the contract date are included in the contract price, to the
extent allocable to this contract. to furnish evidence appropriate to establish exemption fromany tax
which the Contractor warrants in writing was excluded from the
4. a. If the Contractor is required to pay or bear the burden— contract price. In addition, the Contracting Officer may furnish
evidence appropriate to establish exemption from any tax that may,
(1) Of any tax or duty which either was not to be included pursuant to this clause,give rise to either an increase or decrease in the
in the contract price pursuant to the requirements of paragraphs"2" contract price. Except as otherwise provided in this contract,evidence
and "3," or of a tax or duty specifically excluded from the contract appropriate to establish exemption from duties will be furnished only
price by a provision of this contract;or at the discretion of the Contracting Officer.
(2) Of an increase in rate of any tax or duty,whether or not 6. a. The Contractor shall promptly notify the Contracting
such tax or duty was excluded from the contract price;or Officer or all matters pertaining to Federal, State and local taxes, and
duties, that reasonably may be expected to result in either an increase
(3) Of any interest or penalty on any tax or duty referred to or decrease in the contract price.
in "(1)" or "(2)" above; the contract price shall be increased by the
amount of such tax, duty, interest, or penalty allocable to this b. Whenever an increase or decrease in the contract price may
contract:Provided, that the Contractor,if requested by the Contracting be required under this clause, the Contractor shall take action as
Officer, warrants in writing that no amount of such tax, duty, or rate directed by the Contracting Officer, and the contract price shall be
increase was included in the contract price as a contingency reserve or equitably adjusted to cover the costs of such action, including any
otherwise; and Provided further, that liability for such tax, duty, rate interest,penalty,and reasonably attorneys'fees.
increase, interest, or penalty was not incurred through the fault or
negligence of the Contractor or his failure to follow instructions of the 11. Examination of Records.
Contracting Officer.
1. The Contractor agrees that the Comptroller General of the
b. If the Contractor is not required to pay or bear the burden, United States or any of his duly authorized representatives shall, until
or obtains a refund or drawback, in whole or in part,of any tax,duty, expiration of 3 years after final payment under this contract,or of the
interest,or penalty which: time periods for the particular records specified in Part 1-20 of the
4
federal Procurement Regulations (41 CFR Part 1-20), whichever was accurate, complete, and current, the Contracting Officer of the
expires earlier, have access to and the right to examine any directly Government prime contract, or his authorized representatives, shall,
pertinent books, documents, papers, and records of the Contractor until the expiration of three (3) years from the date of final payment
involving transactions related to this contract. under this contract, or of the time periods for the particular records
specified in Part 1-20 of the Federal Procurement Regulations(41 CFR
2. The Contractor further agrees to include in all his subcontracts Part 1-20), whichever expires earlier, have the right to examine those
hereunder a provision to the effect that the subcontractor agrees that books, records, documents, papers, and other supporting data which
the Comptroller General of the United States or any of his duly involve transactions related to this contract or which will permit
authorized representatives shall, until expiration of 3 years after
adequate evaluation of the cost or pricing data submitted, along with
final the computations and projections used therein.
payment under the subcontract, or of the time periods for the
particular records specified in Part 1-20 of the Federal Procurement (3) The subcontractor agrees to insert this clause, including this
Regulations(41 CFR Part 1-20),whichever expires earlier, have access paragraph "(3)" in all subcontracts hereunder which when entered into
to and the right to examine any directly pertinent books, documents, exceed$100,000.
papers, and records of such subcontractor, involving transactions
related to the subcontract. The term "subcontract" as used in this 13. Price Reduction for Defective Cost or Pricing Data.
clause excludes (i)purchase orders not exceeding $2,500 and (ii)sub-
contracts or purchase orders for public utility services at rates 1. If the Contracting Officer determines that any price, including
established for uniform applicability to the general public.
profit or fee, negotiated in connection with this contract or any cost
3. Paragraphs "1" and "2" above are extended to provide equal reimbursable under this contract was increased by any significant sums
rights to authorized representatives of the because the Contractor,or any subcontractor pursuant to the clause of
this contract entitled "Subcontractor Cost or Pricing Data" or
"Subcontractor Cost or Pricing Data-Price Adjustments" or any
12. Audit.
subcontract clause therein required,furnished incomplete or inaccurate
1. For purposes of verifying that certified cost or pricing data cost or pricing data or data not current as certified in his Contractor's
submitted,in conjunction with the negotiation of this contract or any Certificate of Current Cost or Pricing Data,then such price or cost shall
contract change or other modification involving an amount in excess of be reduced accordingly and the contract shall be modified in writing to
$100,000, was accurate, complete, and current, the Contracting reflect such reduction.
'ves shall until the expiration of
Officer,or his authorized representatives, P
three (3) years from the date of final payment under this contract or of Failure to agree on a reduction shall a dispute concerning
the time periods for the particular records specified in Part 1-20 of the question of fact within the meaning of the "Disputes" clause of this
Federal Procurement Regulations (41 CFR Part 1-20), whichever contract.
expires earlier, have the right to examine those books, records,
documents, papers, and other supporting data which involve trans- (NOTE: Since the contract is subject to reduction under this
a clause by reason of defective cost or pricing data submitted in
actions related to this contract or which will permit adequate
evaluation o of the cost or pricing data submitted, along with the connection with certain subcontracts,it is expected that the Contractor
computations and projections used therein. may wish to include a clause in each such subcontract requiring the
subcontractor to appropriately indemnify the Contractor. It is also
2. The Contractor agrees to insert this clause, including this expected that any subcontractor subject to such indemnification will
paragraph "2," in all subcontracts hereunder which when entered into generally require substantially similar indemnification for defective cost
exceed $100,000, unless the price is based on adequate price or pricing data required to be submitted by his lower-tier subcontrac-
competition, established catalog or market prices of commercial items tors.)
sold in substantial quantities to the general public, or prices set by law
or regulation.When so inserted,changes shall be made to designate the 14. Subcontractor Cost and Pricing Data.
higher-tier subcontractor at the level involved as the contracting and
certifying part; to add "of the Government prime contract" after 1. The Contractor shall require subcontractors hereunder to
"Contracting Officer"; and to add at the end of"1" above the words submit in writing cost or pricing data under the following circum-
"provided that, in the case of any contract change or modification, stances:
such change or modification results from a change or other modifica
tion to the Government prime .contract." In each such excepted a. Prior to award of any cost-reimbursement type, time and
subcontract hereunder which when entered into exceeds$100,000,the material,labor-hour,incentive,or price redeterminable subcontract,the
Contractor shall insert the following clause. price of which is expected to exceed$100,000;and
AUDIT-PRICE ADJUSTMENTS b. Prior to the award of any other subcontract, the price of
which is expected to exceed $100,000 or to the pricing of any
(1) This clause shall become operative only with respect to any subcontract change or other modification for which the price adjust-
change or other modification of this contract which involves a price ment is expected to exceed $100,000, where the price or price
adjustment in excess of$100,000 unless the price adjustment is based adjustment is not based on adequate price competition, established
on adequate price competition,established catalog or market prices of catalog or market prices of commercial items sold in substantial
commercial items sold in substantial quantities to the general public,or quantities to the general public,or prices set by law or regulation.
prices set by law or regulation: Provided, that such change or other
modification to this contract results from a change or other modifi-
cation to the Government prime contract. 15. Subcontracts.
(2) for purposes of verifying that certified cost of pricing data 1. As used in this clause,the term"subcontract"includes purchase
submitted in conjunction with such a contract change or modification orders.
5
2. The Contractor shall notify the Contracting Officer reasonably award, advise the Contracting Officer,in writing of the subcontractor's
in advance of entering into any subcontract it the Contractor's name and address and date of award of the subcontract.
procurement system has not been approved by the Contracting Officer
and if the subcontract: 17. Competition in Subcontracting.
a. is to be a cost-reimbursement, time and material, or If this is a negotiated contract in excess of$10,000,the Contractor
labor-hour contract which it is estimated will involve an amount in shall select subcontractors (including suppliers) on a competitive basis
excess of ten thousand dollars($10,000)including any fee; to the maximum practicable extent consistent with the objectives and
requirements of the contract.
b, is proposed to exceed one hundred thousand dollars
($100,000);or 18. Government Property.
c. is one of a number of subcontracts,under this contract,with (This clause is applicable only when the Government Property is
a single subcontractor for the same or related supplies or services which, furnished.)
in the aggregate, are expected to exceed one hundred thousand dollars
($]00,000). 1. The Government shall deliver to the Contractor, for use in
connection with and under the terms of this contract, the property
3. The advance notification required by paragraph "2"above shall described as Government-furnished property in the Schedule or
include: specifications, together with such related data and information as the
Contractor may request and as may reasonably be required for the
a. a description of the supplies or services to be called for by intended use of such property(hereinafter referred to as"Government-
the subcontract; furnished property"). The delivery or performance dates for the
supplies or services to be furnished by the Contractor under this
b. identification of the proposed subcontractor and an explana- contract are based upon the expectation that Government-furnished
tion of why and how the proposed subcontractor was selected,includ- property suitable for use (except for such property furnished "as is")
ing the competition obtained; will be delivered to the Contractor at the times stated in the Schedule
or, if not so stated, in sufficient titne to enable the Contractor to meet
c. the proposed subcontract price, together with the Contras- such delivery or performance dates. In the event that Government-
tor's cost or price analysis thereof; furnished property is not delivered to the Contractor by such time or
times, the Contracting Officer shall, upon timely written request made
d. the subcontractor's current, complete, and accurate cost or by the Contractor, make a determination of the delay, if any,
pricing data and Certificate of Currcnt Cost or Pricing Data,when such occasioned by the Contractor thereby, and shall equitably adjust the
data and certificates are required by other provisions of this contract to delivery or performance dates or the contract price, or both, and any
be obtained from the subcontractor;and other contractual provision affected by any such delay, in accordance
with the procedures provided for in the clause entitled "Changes,"
e. identification of the type of subcontract to be used. I xcep't for Government-furnished property furnished "as is," in the
event the Government-furnished property is received by the Contractor
4. The Contractor shall not enter into any subcontract for which in a condition not suitable for the intended use the Contractor shall
advance notification to the Contracting Officer is required by this upon receipt thereof,notify the Contracting Officer of such fact and,as
clause, without the prior written consent of the Contracting* Officer; directed by the Contracting Officer, either(i)return such property at
provided that the Contracting Officer, in his discretion, may ratify in the Government's expense or otherwise dispose of the property, or
writing any subcontract. Such ratification shall constitute the consent (ii)effect repairs or modifications. Upon the completion of"(i)" and
of the Contracting Officer required by this paragraph. "Gi)" above, the Contracting Officer upon written request of the
Contractor shall equitably adjust the delivery or performance dates or
5. Neither consent by the Contracting Officer to any subcontract or the contract price, or both, and any other contractual provision
any proAions thereof nor approval of the Contractor's procurement affected by the rejection or disposition, or the repair or modification,
system shall be construed to be a determination of the acceptability of in accordance with the procedures provided for in the clause of this
any subcontract price or of any amount paid under any subcontract or contract entitled "Changes." The foregoing provisions for adjustment
to relieve the Contractor of any responsibility for performing this are exclusive and the Government shall not be liable to suit for breach
contract, unless such approval or consent specifically provides other- of contract by reason of any delay in delivery of Government-furnished
wise. property or delivery of such property in a condition not suitable for its
intended use.
6. The Contractor agrees that no subcontract placed under this
contract shall provide for payment on a cost-plus-a-percentage-of-cost 2. Changes in Government-furnished Property.
basis.
a. By notice in writing, the Contracting Officer may (i)de-
l. Notwithstanding approval of the procurement system, the crease the property provided or to be provided by the Government
Contractor shall not enter into certain sub under this contract contracts o c c r ii substitute _r lasses f ( ) ute other Govern -
o nent own ed ro
P P
subcontracts set forth elsewhere in this contract without the prior erty for property to be provided.by the Government,or to be acquired
written consent of the Contracting Officer. by the Contractor for the Government under this contract. The
Contractor shall promptly take such action as the Contracting Officer
may direct with respect to the removal and shipping of property
16. Award of Subcontracts. covered by such notice.
For each subcontract exceeding $10,000 awarded by the Cu,ntrac- b. In the event of any decrease in or substitution of property
for under this contract, the Contractor shall, within 10 days after such pursuant to subparagraph "a" above, any withdrawal of authority to
6
,se property provided under any other contract or lease, which 8. Final Accounting and Disposition of Government Property.
property the Government had agreed in the Schedule to make available Upon the completion of this contract,or at such earlier dates as may be
for the performance or this contract,the Contracting Officer,upon the fixed by the Contracting Officer,the Contractor shall submit,in a form
written request of the Contractor (or, if the substitution of property acceptable to the Contracting Officer, inventory schedules covering all
causes a decrease in the cost of performance,or his own initiative),shall items of Government property not consumed in the performance of
equitably adjust such contractual provisions as may be affected by the this contract(including any resulting scrap)or not theretofore delivered
decrease, substitution, or withdrawal, in accordance with the proce- to the Government,and shall prepare for shipment,deliver f.o.b.origin,
dures provided for in the"Changes"clause of this contract. or dispose of the Government property, as may be directed or
authorized by the Contracting Officer. The net proceeds of any such
3. Title. Title to all property furnished by the Government shall disposal shall be credited to the contract price or shall be paid in such
remain in the Government. In order to define the obligations of the other manner as the Contracting Officer may direct.
parties under this clause, title to each item of facilities, special test
equipment, and special tooling (other than that subject to a "Special Restoration Contractor's Premises and Abandonment.Unless
Tooling" clause) acquired by the Contractor for the Government otherwise provided herein,the Government:
pursuant to this contract shall pass to and vest in the Government when
its use in the performance of this contract commences, or upon a. May abandon any Government property in place, and
payment therefor by the Government, whichever is earlier, whether or thereupon all obligations of the Government regardins such abandoned
not title previously vested. All Government-furnished property, to-
gether with all property acquired by the Contractor title to which vests
in the Government under this paragraph,is subject to the provisions of b. Has no obligation to the Contractor with regard to restora-
this clause and is hereinafter collectively referred to as "Government tion or rehabilitation of the Contractor's premises, neither in case of
Property." Title to Government property shall not be affected by the abandonment (paragraph "9a" above,) disposition on completion of
incorporation or attachment thereof to any property not owned by the need or of the contract (paragraph "9a" above), nor otherwise,except
Government, nor shall such Government property,or any part thereof, for restoration of rehabilitation costs which are properly included in an
be or become a fixture or lose its identity as personalty by reason of equitable adjustment under paragraph"2"above.
affixation to any realty.
(In negotiated fixed price contracts for which the price is not based on
4. Use of Government Property. The Government property shall, (i)adequate price competition, (ii)established catalog or market prices
unless otherwise provided herein or approved by the Contracting of commercial items sold in substantial quantities to the general public
Officer,be used only for the performance of this contract. (See FPR 1-3.807), prices set by law or regulation, the following
paragraph "10" is applicable in lieu of paragraph "6" above-Risk of
S. Utilization, Maintenance and Repair of Government Property. Loss.)
The Contractor shall maintain and administer, in accordance wit}t
sound industrial practice, a program for the maintenance, repair, 10. Risk of Loss.
protection,and preservation of Government property,until disposed of a. Except for loss, destruction or damage resulting from a
by the Contractor in accordance with this clause.In the event that any failure of the Contractor due to willful misconduct or lack of good
damage occurs to Government property the risk of which has been faith of any of the Contractor's managerial personnel as defined herein,
assumed by the Government under this contract,the Government shall to maintain and administer the program for the utilization, mainte-
replace such items or the Contractor shall make such repair of the nance,repair, protection and preservation of the Government property
property as the Government directs; provided, however, that if the as required by paragraph "5" hereof, and except as specifically
Contractor cannot effect such repair within the time required, the provided in the clause or clauses of this contract designated in the
Contractor shall dispose of such property in the manner directed by the Schedule, the Contractor shall not be liable for loss or destruction of or
Contracting Officer. The contract price includes no compensation to damage to the Government property provided under this contract:
the Contractor for the performance of any repair or replacement for
which the Government is responsible,and an equitable adjustment will (1) Caused by any peril while the property is in transit off
be made in any contractual provisions affected by such repair or the Contractor's premises;or
replacement of Government property made at the direction of the
Government, in accordance with the procedures provided for in the (2) Caused by any cf the following perils while the property
"Changes" clause of this contract.Any repair or replacement for which is on the Contractor's or subcontractor's premises, or on any other
the Contractor is responsible under the provisions of this contract shall premises where such property may properly be located, or by removal
be accomplished by the Contractor at his own expense, therefrom because of any of the following perils:
6. Risk of Loss. Unless otherwise provided in this contract, the (a) Fire; lightning, windstorm, cyclone, tornado, hail;
Contractor assumes the risk of,and shall be responsible for,any loss of explosion;riot, riot attending a strike,civil commotion;vandalism and
or damage to Government property provided under this contract upon malicious mischief; sabotage; aircraft or objects falling therefrom;
its delivery to him or upon passage of title thereto to the Government vehicles running on land or tracks; excluding vehicles owned or
as provided in paragraph "3" hereof, except for reasonable wear and operated by the Contractor or any agent or employee of the
tear and except to the extent that such property is consumed in the Contractor;smoke;sprinkler leakage;earthquake or volcanic eruption;
performance of this contract. flood, meaning thereby rising of a body of water; nuclear reaction,
nuclear radiation; or radioactive contamigation; hostile or warlike
action, including action in hindering,combating,or defending against
7. Access. The Government, and any persons designated by it, an actual, impending or expected attack by any government or
shall at all reasonable times have access to the premises wherein any sovereign power (de jure or de facto), or by any authority using
Government property is located, for the purpose of inspecting the military, naval, or air forces;or by an agent of any such government,
Government property. power,authority,or forces;or
7
(b) Other peril, of a type not listed above,if such other ately, in writing, including the reasons theretor and proposing any
peril is customarily covered by insurance (or by a reserve for consideration which will flow to the Government if authorization to
self-insurance) in accordance with the normal practice of the Contrac- use such supplies is granted.
tor, or the prevailing practice in the industry in which the Contractor is
engaged with respect to similar property in the same general locale. 20. Other Contractors.
b. The perils as set forth in "(a)" and "(b)" above are 1. The Government may undertake or award other contracts for
hereinafter called"excepted perils." additional or related work, and the Contractor shall fully cooperate
with such other Contractors apd Government employees and carefully
c. If the Contractor transfers Government property to the fit its own work to such additional work. The Contractor shall not
possession and control of a subcontractor, the transfer shall not affect commit or permit any act which will interfere with the performance of
the liability of the Contractor for loss of destruction of or damage to work by any other Contractor or by Government employees.
the property as set forth above. However, the Contractor shall require
the subcontractor to assume the risk of,and be responsible for,any loss 2. The foregoing paragraph shall be included in the contracts of all
or destruction of or damage to the property while in the latter's Contractors with whom this Contractor will be required to cooperate.
possession or control, except to the extent that the subcontract, with The Government shall equitably enforce this clause as to all Contrac-
the prior approval of the Contracting Officer, provides for the relief of tors, to prevent the imposition of unreasonable burdens on any
the Contractor from such liability.In the absence of such approval,the Contractor.
subcontract shall contain appropriate provisions requiring the return of
all Government property in as good condition as when received,except 21. Standards of Work.
for reasonable wear and tear or for the utilization of the property in
accordance with the provisions of the prime contract. The Contractor agrees that the performance of work and services
pursuant to the requirements of this contract shall conform to high
d. The term"Contractor's managerial personnel"as used herein professional standards.
means the Contractor's directors, officers and any of his managers,
superintendents, or other equivalent representatives who have super- 22. Inspection.
vision or direction of—
(Applicable to Firm Fixed-Price Contracts where the principal
(1) All or substantially all of the Contractor's business; objective of the contract is not the delivery of designs, drawings or
reports.)
(2) All or substantially all of the Contractor's operation at
any one plant or separate location at which the contract is being 1. All work under this contract shall be subject to inspection and
performed;or test by the Government, to the extent' practicable, at all times
(including the period of performance) and places, and in any event
(3) A separate and complete major industrial operation in prior to acceptance. The Government through any authorized represen-
connection with the performance of this contract. tative may inspect the premises of the Contractor or any sub-contractor
engaged in the performance of this contract.
e. The Contractor represents that he is not including in the
price hereunder and agrees that he will not hereafter include in any 2• The Government may reject any work that is defective or
price to the Government,any charge or reserve for insurance(including otherwise not in conformity with the requirements of this contract.If
any self-insurance funds or reserve) covering loss or destruction of or the Contractor fails or is unable to correct or to replace such work,the
damage to the Government property caused by any excepted peril. Contracting Officer may accept such work at a reduction in price which
is equitable under the circumstances. Failure to agree on the reduction
f. Upon the happening of loss or destruction of or damage to in price shall be a dispute concerning a question of fact within the
any Government property caused by an excepted peril,the Contractor meaning of the clause of this contract entitled"Disputes."
shall notify the Contracting Officer thereof, and shall communicate
with the Loss and Salvage Organization, if any, now or hereafter 3. If any inspection or test is made by the Government on the
designated by the Contracting Officer, and with the assistance of the premises of the Contractor or a subcontractor, the Contractor shall
Loss and Salvage Organization so designated (unless the Contracting provide, without additional charge all reasonable facilities and assist-
Officer has directed that no such organization be employed),shall take ance for the safety and convenience of the Government inspectors in
all reasonable steps to protect the Government property from further the performance of their duties.If the Government inspection or test is
damage, separate the damaged and undamaged Government property, made at a point other than the premises of the Contractor or
put all the Government property in the best possible order,and furnish subcontractor, it shall be at the expense of the Government. All
to the Contracting Officer a statement of: inspections and tests by the Government shall be performed in such a
manner as not unduly to delay the work. Final inspection and
19. New Materials. acceptance or rejection of the work shall be made as promptly as
practicable after delivery except as otherwise provided in this contract;
Except as to any supplies and components which the Specification but failure to inspect and accept, or to reject, the work shall neither
or Schedule specifically provides need not be new, the Contractor relieve the Contractor from responsibility for such of the work as is not
represents that the supplies and components to be provided under this in accordance with the contractor requirements nor impose liability on
contract are new (not used or reconditioned, and not of such age or so the Government.
deteriorated as to impair their usefulness or safety). If at any time
during the performance of this contract, the Contractor believes that 4. The inspection and test by the Government of any work shall
the furnishing of supplies or components which are not new is not relieve the Contractor from any responsibility regarding defects of
necessary or desirable, he shall notify the Contracting Officer immedi- other failures to meet the contract requirements which may be
8
r
discovered prior to acceptance. Except as otherwise provided in this such transfer or disposition shall be applied in reduction of any
contract,acceptance shall be conclusive except as regards latent defects, payments to be made by the Government to the Contractor under this
fraud,or such gross mistakes as amount to fraud. contract or shall otherwise be credited to the price or cost of the work
covered by this contract or paid in such other manner as the
5. The Contractor shall provide and maintain an inspection system Contracting Officer may direct;
acceptable to the Government covering the work hereunder.Records of
all inspection work by the Contractor shall be kept complete and It. Complete performance of such part of the work as shall not
available to the Government during the performance of this contract have been terminated by the Notice of Termination;and
and for such longer period as may be specified elsewhere in this
contract. i. Take such action as may be necessary, or as the Contracting
Officer may direct, for the protection and preservation of the property
23. Termination for Convenience of the Government. related to this contract which is in the possession of the Contractor and
in which the Government has or may acquire an interest.
1. The performance of work under this contract may be termi-
nated by the Government in accordance with this clause in whole,or At any time after expiration of the plant clearance period, as
from time to time in part, whenever the Contracting Officer shall defined in Subpart 1-8.1 of the Federal Procurement Regulations(41
determine that such termination is in the best interest of the CFR 1-8.1),as the definition may be amended from time to time,the
Government. Any such termination shall be effected by delivery to the Contractor may submit to the Contracting Officer a list,certified as to
Contractor of a Notice of Termination specifying the extent to which quantity and quality, of any or all items of termination inventory not
performance of work under the contract is terminated, and the date previously disposed of,exclusive of items the disposition of which has
upon which such termination becomes effective, been directed or authorized by the Contracting Officer, and may
request the Government to remove such items or enter into a storage
2. After receipt of a Notice of Termination, and except as agreement covering them. Not later than fifteen (15) days thereafter,
otherwise directed by the Contracting Officer,the Contractor shall: the Government will accept title to such items and remove them or
enter into a storage agreement covering the same:Provided, that the list
a. Stop work under the contract on the date and to the extent submitted shall be subject to verification by the Contracting Officer
specified in the Notice of Termination; upon removal of the items or, if the items are stored,within forty-five
(45) days from the date of submission of the list, and any necessary
b. Place no further orders or subcontracts for materials, adjustment to correct the list as submitted shall be made prior to final
services,or facilities,except as may be necessary for completion of such settlement.
portion of the work under the contract as is not terminated;
3. After receipt of a Notice of Termination, the Contractor shall
c. Terminate all orders and subcontracts to the extent that submit to the Contracting Officer his termination claim, in the form
they relate to the performance of work terminated by the Notice of and with certification prescribed by the Contracting Officer.Such claim
Termination; shall be submitted promptly but in no event later than one year from
the effective date of termination, unless one or more extensions in
d. Assign to the Government, in the manner, at the times,and writing are granted by the Contracting Officer upon request of the
to the extent directed by the Contracting Officer,all of the right,title, Contractor .made in writing within such one-year period or authorized
and interest of the Contractor under the orders and subcontracts so extension thereof. However, if the Contracting Officer determines that
terminated, in which case the Government shall have the right, in its the facts justify such action, he may receive and act upon any such
discretion, to settle or pay any or all claims arising out of the termination claim at any time after such one-year period or any
termination of such orders and subcontracts; extension thereof. Upon failure of the Contractor to submit his
termination claim within the time allowed, the Contracting Officer
e. Settle all outstanding liabilities and all claims arising out of may, subject to any review required by the contracting agency's
such termination of orders and subcontracts, with the approval or procedures in effect as of the date of execution of this contract,
ratification of the Contracting Officer, to the extent he may require, determine, on the basis of information available to him,the amount,if
which approval or ratification shall be final for all the purposes of this any, due to the Contractor by reason of the termination and shall
clause; thereupon pay to the Contractor the amount so determined.
f. Transfer title to the Government and deliver in the manner, 4. Subject to the provisions of paragraph "3"and subject to any
at the times, and to the extent, if any, directed by the Contracting review required by the contracting agency's procedures in effect as of
Officer, (i) the fabricated or unfabricated parts, work in process, the date of execution of this contract, the Contractor and the
completed work, supplies,and other material produced as a part of,or Contracting Officer may agree upon the whole or any part of the
acquired in connection with the performance of, the work terminated amount or amounts to be paid to the Contractor by reason of the total
by the Notice of Termination, and (if) the completed or partially or partial termination of work pursuant to this clause,which amount or
completed plans, drawings, information and other property which,if amounts may include a reasonable allowance for profit on work done:
the contract had been completed, would have been required to be Provided, that such agreed amount or amounts,exclusive of settlement
furnished to the Government; costs, shall not exceed the total contract price as reduced by the
amount of payments otherwise trade and as further reduced by the
g. Use his best efforts to sell,in the manner, at the times, to contract price of work not terminated. The contract shall be amended
the extent, and at the price or prices directed or authorized by the accordingly, and the Contractor shall be paid the agreed amount.
Contracting Officer,any property of the types referred to in"f'above: Nothing in paragraph "5"of this clause, prescribing the amount to be
Provided, however, that the Contractor (i) shall not be required to paid to the Contractor in the event of failure of the Contractor and the
extend credit to any purchaser,and(ii)may acquire any such property Contracting Officer to agree upon the whole amount to be paid to the
under the conditions prescribed by and at a price or prices approved by Contractor by reason of the termination of work pursuant to this
the Contracting Officer:And provided further, that the proceeds of any clause, shall be deemed to limit, restrict, or otherwise determine or
9
affect the amount or amounts which may be agreed upon to be paid to 6. Costs claimed, agreed to, or determined pursuant to paragraphs
the Contractor pursuant to this paragraph"4." "3," ..4," and "5" of this clause shall be in accordance with the
applicable contract cost principles and procedures in Part 1-15 of the
5. In the event of the failure of the Contractor and the Federal Procurement Regulations (41 CFR 1-15) in effect on the date
Contracting Officer to agree as provided in paragraph "4" upon the of this contract.
whole amount to be paid to the Contractor by reason of the
termination of work pursuant to this clause, the Contracting Officer 7. The Contractor shall have the right to appeal, tinder the clause
shall, subject to any review required by the contracting agency's of this contract entitled "Disputes," from any determination made by
procedures in effect as of the date of execution of this contract, the Contracting Officer tinder paragraph"3"or"5"above,except that,
determine,on the basis of information available to him,the amount,if if the Contractor has failed to submit his claim within the time
any,due to the Contractor by reason of the termination and shall pay provided in paragraph "3" above and has failed to request extension of
to the Contractor the amounts determined as follows: such time, he shall have no such right of appeal.In any case where the
Contracting Officer has made a determination of the amount due under
a. For completed supplies accepted by the Government (or paragraph "3" or "5" above, the Government shall pay to the
sold or acquired as provided in paragraph "2g" above) and not Contractor the following: (i) if there is no right of appeal hereunder or
theretofore paid for, a sum equivalent to the aggregate price for such if no timely appeal has been taken, the amount so determined by the
supplies computed in accordance with the price or prices specified in Contracting Officer; or (ii) if an appeal has been taken, the amount
the contract, appropriately adjusted for any saving of freight or other finally determined on such appeal.
charges;
8. In arriving at the amount due the Contractor under this clause
b. The total of— there shall be deducted (i) all unliquidated advance or other payments
on account theretofore made to the Contractor, applicable to the
(1) The costs incurred in the performance of the work terminated portion of this contract; (ii) any claim which the Govern-
terminated, including initial costs and preparatory expense allocable ment may have against the Contractor in connection with this contract:
thereto, but exclusive of any costs attributable to supplies paid or to be and (iii) the agreed price for, or the proceeds of sale of,any materials,
paid for under paragraph"Sa"hereof; supplies, or other things acquired by the Contractor or sold, pursuant
to the provisions of this clause, and not otherwise recovered by or
(2) The cost of settling and paying claims arising out of the credited to the Government.
termination of work under subcontracts or orders, as provided in
paragraph "2e" above, which are properly chargeable to the terminated 9. If the termination hereunder be partial, prior to the settlement
portion of the contract (exclusive amounts paid or payable of the terminated portion of this contract,the Contractor may file with
the Contracting Officer a request in writing for an equitable adjustment
account of supplies or materials delivered or services furnished by
subcontractors or vendors prior to the effective date of the Notice of of the price or prices specified in the contract relating to the continued
Termination, which amounts shall be included in the costs payable portion of the contract (the portion not terminated by the Notice of
under"(1)"above);and Termination), and such equitable adjustment as may be agreed upon
shall be made in such price or prices.
(3) A sum,as a profit,equal to 2 percent of that part of the
amount determined under "(1)" above which represents the cost of 10. The Government may from time time, under such
articles and materials not processed by the Contractor,plus a sum equal and conditions as it may prescribe, make partial payments a terms and
to 8 percent of the remainder of such amount, but the aggregate of payments on account against costs incurred by the Contractor in
such sums shall not exceed 6 percent of the whole of the amount connection with the terminated portion of this contract whenever in
determined under "(1)" above: Provided, however, that if it appears the opinion of the Contracting Officer the aggregate of such payments
that the Contractor would have sustained a loss on the entire contract shall be within the amount to which the Contractor will be entitled
had it been completed,no profit shall be included or allowed under this hereunder. If the total of such payments is in excess of the amount
subdivision"(3)"and an appropriate adjustment shall be made reducing finally agreed or determined to be due under this clause, such excess
the amount of the settlement to reflect the indicated rate of loss; and shall be payable by the Contractor to the Government upon demand,
together with interest computed at the rate of 6 percent per annum for
c. The reasonable costs of settlement, including accounting, the period from the date such excess payment is received by the
legal, clerical, and other expenses reasonably necessary for the Contractor to the date on which such excess is repaid to the
preparation of settlement claims and supporting data with respect to Government: Provided, however, that no interest shall be charged with
the terminated portion of the contract and for the termination and respect to any such excess payment attributable to a reduction in the
settlement of subcontracts thereunder, together with reasonable stor- Contractor's claim by reason of retention or other disposition of
age, transportation, and other costs incurred in connection with the termination inventory until ten days after the date of such retention of
protection or disposition of property allocable to this contract. disposition, or such later date as determined by the Contracting Officer
by reason of the circumstances.
The total sum to be paid to the Contractor under"a"and"b"
of this paragraph "5" shall not exceed the total contract price as 11. Unless otherwise provided for in this contract,or by applicable
reduced by the amount of payments otherwise made and as further statute,the Contractor,from the effective date of termination and for a
reduced by the contract price of work not terminated. Except for period of three years after final settlement under this contract, shall
normal spoilage, and except to the extent that the Government shall preserve and make available to the Government at all reasonable times
have otherwise expressly assumed the risk of loss, there shall be at the office of the Contractor but without direct charge to the
excluded from the amounts payable to the Contractor as provided in Government, all his books, records, documents, and other evidence
"5a" and "5b(1)" above, the fair value, as determined by the bearing on the costs and expenses of,the Contractor under this contract
Contracting Officer, of property which is destroyed, lost, stolen, or and relating to the work terminated hereunder, or, to the extent
damaged so as to become undeliverable to the Government, or to a approved by the Contracting Officer,photographs, microphotographs,
buyer pursuant to paragraph"2g." or other authentic reproductions thereof.
10
24. Default. materials such sum as the Contracting Officer determines to be
necessary to protect the Government against loss because of outstand-
1. The Government may, subject to the provisions of paragraph ing liens or claims of former lien holders.
of this clause, by written notice of default to the Contractor,
terminate the whole or any part of this contract in any one of the S. If, after notice of termination of this contract under the
following circumstances: provisions of this clause, it is determined for any reason that the
Contractor was not in default under the provisions of this clause, or
a. If the Contractor fails to perform the work call for by this that the default was excusable under the provisions of this clause, the
contract within the time(s)specified herein or any extension thereof;or rights and obligations of the parties shall, if the contract contains a
clause providing for termination for convenience of the Government,be
b. If the Contractor fails to perform any of the other provisions the same as if the notice of termination had been issued pursuant to
of this contract, or so fails to prosecute the work as to endanger such clause. If, after notice of termination of this contract under the
performance of this contract in accordance with its terms,and in either provisions of this clause, it is determined for any reason that the
of these two circumstances does not cure such failure within a period of Contractor was not in default under the provisions of this clause,and if
10 days(or such longer period as the Contracting Officer may authorize this contract does not contain a clause providing for termination for
in writing) after receipt of notice from the Contracting Officer convenience of the Government, the contract shall be equitably
specifying such failure. adjusted to compensate for such termination and the contract modified
accordingly; failure to agree to any such adjustment shall be a dispute
2. In the event the Government terminates this contract in whole concerning a question of fact within the meaning of the clause of this
or in part as provided in paragraph "1" of this clause,the Government contract entitled"Disputes."
may procure, upon such terms and in such manner as the Contracting
Officer may deem appropriate, work similar to the work so terminated 6. The right and remedies of the Government provided in this
. clause shall not d exclusive and are in addition to any other rights and
and the Contractor shall be liable to the Government for any excess
costs for such similar work: Provided, that the Contractor shall remedies provided by law or under this contract.
continue the performance of this contract to the extent not terminated
under the provisions of this clause. 7. As used in paragraph "3" of this clause the teens"subcontrao-
tor"and"subcontractors"mean subcontractor(s)at any tier.
3. Except with respect to defaults of subcontractors,the Contrac
tor shall not be liable for any excess costs if the failure to perform the 25. Disputes.
contract arises out of causes beyond the control and without the fault
or negligence of the Contractor. Such causes may include, but are not 1. Except as otherwise provided in this contract, any dispute
concerning a question of fact arising under this contract which is not
restricted to, acts of God or of the public enemy, acts of the
Government in either its sovereign or contractual capacity,fires,floods, who shall reduce his decision to writing and mail or otherwise furnish a
disposed of by agreement shall be decided by the Contracting Officer,
epidemics, quarantine restrictions, strikes, freight embargoes, and who
unusually severe weather;but in every case the failure to perform must shall
thereof to the Contractor.The decision of the Contracting Officer
shall be
be beyond the control and without the fault or negligence of the final and conclusive unless within 30 days from the date of
Contractor. If the failure to perform is caused by the default of a receipt of such copy,the Contractor mails or otherwise furnishes to the
subcontractor, and if such default arises out of causes beyond the Contracting Officer a written appeal addressed to the Administrator.
control of both the Contractor and subcontractor, and without the The decision of the Administrator or his duly authorized representative
fault or negligence of either of them, the Contractor shall not be liable for the determination of such appeals shall be final and conclusive
for any excess costs for failure to perform unless the supplies or services unless determined by a court of competent jurisdiction to have been
to be furnished by the subcontractor were obtainable from other fraudulent, or capricious, or arbitrary, or so grossly erroneous as
sources in sufficient time to permit the Contractor to meet the required necessarily to imply bad faith, or not supported by substantial
delivery schedule or other performance requirements. evidence. In connection with any appeal proceeding under this clause,
the Contractor shall be afforded an opportunity to be heard and to
4. If this contract is terminated as provided in paragraph "1" of offer evidence in support of its appeal. Pending final decision of a
this clause, the Government,in addition to any other rights provided in dispute hereunder, the Contractor shall proceed diligently with the
this clause, may require the Contractor to transfer title and deliver to performance of the contract and in accordance with the Contracting
the Government, in the manner and to the extent directed by the Officer's decision.
Contracting Officer, any of the completed or partially completed work 2 This "Disputes" clause does not preclude consideration of law
not theretofore delivered to,and accepted by,the Government and any questions in connection with decisions provided for in paragraph "1"
other property, including contract rights, specifically produced or
specifically acquired for the performance of such part of this contract above: Provided, that nothing in this contract shall be construed as
a mpg final the decision of any administrative official,representative,
s has been terminated;and the Contractor shall,upon the direction of
the Contracting Officer,protect and preserve property in the possession or board on a question of law.
of the Contractor in which the Government has an interest. The 26. Equal Opportunity.
Government shall pay to the Contractor the contract price,if separately
stated, for completed work accepted by the Government and the The following clause is applicable unless this contract is exempt
amount agreed upon by the Contractor and the Contracting Officer for under the rules, regulations, and relevant orders of the Secretary of
(i) completed work for which no separate price is stated, (ii) partially Labor(41 CFR,ch. 60).)
completed work, (HI) other property described above which is accepted
by the Government, and (iv) the protection and preservation of During the performance of this contract, the Contractor agrees as
property. Failure to agree shall be a dispute concerning a question of follows:
fact within the meaning of the clause of this contract entitled
"Disputes." The Government may withhold from amounts otherwise 1. The Contractor will not discriminate against any employee or
due the Contractor for such completed supplies or manufacturing applicant for employment because.of race, color, religion, sex, or
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H
c. To use his best efforts to comply with clean air standards (i) the system or systems of records and (ii) the work to be performed
and clean water standards at the facilities in which the contract is being by the contractor in terms of any one or combination of the following:
performed. (A)design,(B)development,or(C)operation;
d. To insert the substance of the provisions of this clause in any b. to include the solicitation notification contained in this
nonexempt subcontract,including this paragraph(a)(4).
contract in every solicitation and resulting subcontract and in every
2. The terms used in this clause have the following meanings: subcontract awarded without a solicitation when the statement of work
in the proposed subcontract requires the design, development, or
a. The term "Air Act" means the Clean Air Act,as amended operation of a system of records on individuals to accomplish an agency
(42 U.S.C. 1857 et seq.,as amended by Public Law 91-604). function;and
c. to include this clause, including this paragraph c, in all
b. The term "Water Act" means Federal Water Pollution subcontracts awarded pursuant to this contract which require the
Control Act,as amended(33 U.S.C. 1251 et seq.,as amended by Public design,development,or operation of such a system or records.
Law 92-500).
2. In the event of violations of the Act, a civil action may be
c. The term "clean air standards"means any enforceable rules, brought against the agency involved where the violation concerns the
regulations, guidelines, standards,limitations, orders, controls,prohibi- design, development, or operation of a system of records on individuals
tions, or other requirements which are contained in, issued under, or to accomplish an agency function, and criminal penalties may be
otherwise adopted pursuant to the Air Act or Executive Order 11738, imposed upon the officers or employees of the agency where the
an applicable implementation plan as described in section 110(d)of the violation concerns the operation of a system of records on individuals
Clean Air Act (42 U.S.C. 1957c-5(d)), an approved implementation to accomplish an agency function. For purposes of the Act when the
procedure or plan under section 111(c)or section I I I(d),respectively, contract is for the operation of a system of records on individuals to
of the Air Act (42 U.S.C. 1857c-6(c) or (d), or an approved accomplish an agency function,the contractor and any employee of the
implementation procedure under section 112(d) of the Air Act (42 contractor is considered to be an employee of the agency.
U.S.C. 1957c-7(d)).
3. The terms used in this clause have the following meanings:
d. The term "clean water standards" means any enforceable
limitation, control, condition, prohibition, standards, or other require- a. "Operation of a system of records" means performance of
ment which is promulgated pursuant to the Water Act or contained in a any of the activities associated with maintaining the system of records
permit issued to a discharger by the Environmental Protection Agency including the collection,use,and dissemination of records.
or by a state under an approved program,as authorized by section 402
of the Water Act (33 U.S.C. 1324),or by a local government to ensure
compliance with retreatment regulations as required by section 307 of b. "Record" means any item, collection, or grouping of
the water act(33 U.S.C. 1317). information about an individual that is maintained by an agency,
including, but not limited to, his education, financial transactions,
e. The term "compliance" means compliance with clean air or medical history, and criminal or employment history and that contains
water standards. Compliance shall also mean compliance with a sched- his name, or the identifying number, symbol, or other identifying
ule or plan ordered or approved by a court of competent jurisdiction, particular assigned to the individual, such as a finger or voice print or a
the Environmental Protection Agency or an air or water pollution photograph.
control agency in accordance with the requirement of the Air Act or
Water Act and regulations issued pursuant thereto. c. "System of records" on individuals means a group of any
records under the control of any agency from which information is
f. The term "facility" means any building, plant, installation, retrieved by the name of the individual or by some identifying number,
structure, mine, vessel, or other floating craft, location, or site of symbol,or other identifying particular assigned to the individual.
operations,owned,leased,or supervised by a contractor,subcontractor,
to be utilized in the performance of a contract or subcontract.Where a 30. Payment of Interest on Contractors'Claims.
location or site of operations contains or includes more than one
building, a plant installation, or structure, the entire location shall be 1. If an appeal is filed by the contractor from a final decision of
deemed to be a facility except where the Director, Office of Federal the contractin, officer under the disputes clause of this contract,
Activities, Environmental Protection Agency, determines that inde- denying a claim arising under the contract, simple interest on the
pendent facilities are located in one geographical area. amount of the claim finally determined owed by the Government shall
be payable to the contractor. Such interest shall be at the rate
29. Privacy determined by the Secretary of the Treasury pursuant to Public Law
92-41. 85 Stat. 97, from the date the contractor furnishes to the
The following clause is applicable when the statement of work contracting officer his written appeal under the disputes clause of this
requires the design, development, or operation of a system of records contract, to the date of(1) a final judgment by a court of competent
on individuals to accomplish an agency function (see 40 CFR 1- jurisdiction, or (2) mailing to the contractor of a supplemental
1.337-5). agreement for execution either confirming completed negotiations
between the parties or carrying out a decision of a board of contract
1. The contractor agrees: appeals.
a. To comply with the Privacy Act of 1974 and the rules and 2. Notwithstanding (1), above, (a) interest shall be applied only
regulations issued pursuant to the Act in the design, development, or from the date payment was due, if such date is later than the filing of
operation of any system of records on individuals in order to appeal, and(b)interest shall not be paid for any period of time that the
accomplish an agency function when the contract specifically identifies contracting officer determines the contractor has unduly delayed in
13
pursuing his remedies before a board of contract appeals or a court of each hiring location copies of the reports submitted until the expiration
competent jurisdiction. of one year after final payment under the contract, during which time
these reports and related documentation shall be made available,upon
31. Officials not to Benefit. request for examination by any authorized representatives of the
contracting officer or of the Secretary of Labor.Documentation would
No member of or delegate to Congress or resident commissioner, include personnel records respecting job openings, recruitment and
shall be admitted to any share or part of this contract,or to any benefit r!-cement.
that may arise therefrom; but this provision shall not be construed to
extend to this contract if made with a corporation for its general 5. Whenever the contractor becomes contractually bound to the
benefit. listing
provisions of this clause, it shall advise the employment service
system in each State where it has establishments of the name and
32. Affirmative Action for Disabled Veterans and Veterans of the location of each hiring location in the State.As Ion
Vietnam Era. ,as the contractor is
contractually bound to these provisions and has so advised the State
system, there is no need to advise the State system of subsequent
1. The contractor will not discriminate against any employee or contracts. The contractor may advise the State system when it is no
applicant for employment because he or she is a disabled veteran or longer bound by this contract clause.
veteran of the Vietnam Era in regard to any position for which the
employee or applicant for employment is qualified. The Contractor 6. This clause does not apply to the listing of employment
agrees to take affirmative action to employ, advance in employment openings which occur and are filled outside of the 50 States, the
and otherwise treat qualified disabled veterans and veterans of the District of Columbia,Puerto Rico,Guam,and the Virgin Islands.
Vietnam era without discrimination based upon their disability or
veterans status in all employment practices such as the following: 7. The provisions of paragraphs 2, 3, 4 and 5 of this clause do not
employment upgrading, demotion or transfer, recruitment,advertising,
layoff or termination,rates of pay or other forms of compensation,and apply to openings which the contractor proposes m fill from within his
selection for training,including apprenticeship.
own organization or to fill pursuant to a customary and traditional
g g employer-union hiring arrangement. This exclusion does not apply to a
2. The contractor agrees that all suitable employment openings of particular opening once an employer decides to consider applicants
the contractor which exist at the time of the execution of this contract outside of his own organization or employer-union arrangement for
and those which occur duringthe that opening.
performance of this contract,
including those not generated by this contract and including those
occurring at an establishment of the contractor other than the one 8. As used in this clause: (1) "All suitable employment openings"
wh
erein the contract is being performed but excluding those of includes, but is not limited to, openings whrch occur m the following
independently g
p ntl operated corporate affiliates,
Y p p a es, shall be listed at an job categories; production and nonproductron; plant and office;
appropriate local office of the State employment service system laborers and mechanics;supervisory and nonsupervisory;technical;and
wherein the opening occurs. The contractor further agrees to provide executive, administrative,and professional openings as are compensated
such reports to such local office regarding employment openings and on a salary basis of less than $25,000 per year. This term includes
hires as may be required. full-time employment, temporary employment of more than 3 days'
duration, and part-time employment. It does not include openings
State and local government agencies holding Federal contracts of which the contractor proposed to fill from within his own organization
$10,000 or more shall also list all their suitable openings with the or to fill pursuant to a customary and traditional employer-union hiring
appropriate office of the State employment service, but are not arrangement nor openings in an educational institution which are
required to provide those reports set forth in paragraphs 4 and 5. restricted to students of that institution. Under the most compelling
circumstances an employment opening may not be suitable for listing,
3. Listing of employment openings with the employment service including such situations where the needs of the Government cannot
system pursuant to this clause shall be made at least concurrently with reasonably be otherwise supplied, where listing would be contrary to
the use of any other recruitment source or effort and shall involve the national security, or where the requirement of listing would otherwise
normal obligations which attach to the placing of a bona fide job order, not be for the best interest of the Government.(2)"Appropriate office
including the acceptance of referrals of veterans and nonveterans. The of the State employment service system" means the local office of the
listing of employment openings does not require the hiring of any Federal-State national system of public employment offices with
particular job applicant or from any particular group of job applicants, assigned responsibility for serving the area where the employment
and nothing herein is intended to relieve the contractor from any opening is to be filled, including the District of Columbia, Guam,
requirements in Executive Orders or regulations regarding nondiscrimi- Puerto Rico, and the Virgin Islands. (3) "Openings which the
nation in employment. contractor proposes to fill from within his own organization" means
employment openings for which no consideration will be given to
4. The reports required by paragraph 2 of this clause shall include, persons outside the contractor's organization (including any affiliates,
but not be limited to, periodic reports which shall be filed at least subsidiaries, and the parent companies) and includes any lists. (4)
quarterly with the appropriate local office or,where the contractor has "Openings which the contractor proposes to fill pursuant to a
more than one hiring location in a State,with the central office of that customary and traditional employer-union hiring arrangement" means
State employment service. Such reports shall indicate for each hiring employment openings which the contractor proposes to fill from union
location (a) the number of individuals hired during the reporting halls, which is part of the customary and traditional hiring relationship
period, (b) the number of nondisabled veterans of the Vietnam era which exists between the contractor and representative of his employ-
hired,(c)the number of disabled veterans of the Vietnam era hired,and ees.
(d) the total number of disabled veterans hired. The reports should
include covered veterans hired for on-the-job training under 38 U.S.C.
1787. The contractor shall submit a report within 30 days after the end 9. The contractor agrees to comply with the rules,regulations,and
of each reporting period wherein any performance shall maintain at relevant orders of the Secretary of Labor issued pursuant to the Act.
14
e .
10. In the event of the contractor's noncompliance with the contract understanding, that the contractor is bound by the terms of
requirements of this clause,actions for noncompliance may be taken in the Vietnam Era Veterans Readjustment Assistance Act, and is
accordance with the rules, regulations relevant orders of the Secretary committed to take affirmative action to employ and advance in
of Labor issued pursuant to the Act. employment qualified disabled veterans and veterans of the Vietnam
Era.
11. The contractor agrees to post in conspicuous places,available to
employees and applicants for employment, notices in a form to be
prescribed by the Director, provided by or through the contracting 13. The contractor will include the provisions of this clause in every
officer. Such notice shall state the contractor's obligation under the law subcontract or purchase order of$10,000 or more unless exempted by
to take affirmative action to employ and advance in employment rules, regulations, or orders of the Secretary issued pursuant to the Act,
qualified disabled veterans and veterans of the Vietnam era for so that such provisions will be binding upon each subcontractor or
employment,and the rights of applicants and employees. vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Director of the Office of Federal
12. The contractor will notify each labor union or representative of Contract Compliance Programs may direct to enforce such provisions,
workers with which it has a collective bargaining agreement or other including action for noncompliance.
15
GPO 930-837