PART II—CONTRACT CLAUSES
(7/08 DCM)
(FAC 2005-25)
SECTION I—CONTRACT CLAUSES
GENERAL CLAUSES FOR A NEGOTIATED FIXED-PRICE CONTRACT
CLAUSES INCORPORATED BY REFERENCE (FEBRUARY 1998)
This contract incorporates the
following clauses by reference, with the same force and effect, as if they were
given in full text. Upon request, the Contracting Officer will make their full
text available. Also, the full text of a clause may be accessed electronically
at this address: http://www.arnet.gov/far/
A. FEDERAL ACQUISITION REGULATION (FAR) (48 CHAPTER 1) CLAUSES
| FAR Clause No. |
Title
and Date |
| 52.203-3 | Gratuities (APR 1984) |
| 52.203-5 | Covenant Against Contingent Fee (APR 1984) |
| 52.203-6 | Restrictions on Subcontractor Sales to The Government (SEPT 2006) |
| 52.203-7 | Anti-Kickback Procedures (JUL 1995) |
| 52.203-10 | Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) |
| 52.203-12 | Limitation on Payments to Influence Certain Federal Transactions (SEP 2007) |
| 52.203-14 | Display of Hotline Poster(s) (DEC 2007)
(Dept. of Health and Human Services Poster at: http://www.oig.hhs.gov/hotline/OIG_Hotline_Poster.pdf)
|
| 52.204-4 | Printing/Copying Double-Sided on Recycled Paper (AUG 2000) |
| 52.204-7 | Central Contractor Registration. (APR 2008) |
| 52.209-6 | Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (SEPT 2006) |
| 52.215-2 | Audit and Records—Negotiation (JUN 1999) |
| 52.215-8 | Order of Precedence Uniform Contract Format (OCT 1997) |
| 52.215-17 | Waiver of Facilities Capital Cost of Money (OCT 1997) |
| 52.217-9 | Option to Extend the Term of the Contract (MAR
2000) |
| 52.219-8 | Utilization of Small Business Concerns (MAY 2004) |
| 52.219-28 | Post-Award Small Business Program Representation (JUNE 2007) |
| 52.222-3 | Convict Labor (JUNE 2003) |
| 52.222-26 |
Equal Opportunity (APR 2002) |
| 52.222-35 |
Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEPT 2006) |
| 52.222-36 |
Affirmative Action for Workers With Disabilities (JUNE 1998) |
| 52.222-37 |
Employment
Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans. (SEPT 2006) |
| 52.222-39 |
Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004)
|
| 52.223-6 |
Drug Free Workplace (MAY 2001) |
| 52.223-14 |
Toxic Chemical Release Reporting (AUG 2003) |
| 52.225-13 |
Restrictions on Certain Foreign Purchases (JUNE 2006) |
| 52.227-1 |
Authorization and Consent (DEC 2007) |
| 52.229-4 | Federal, State and Local Taxes (Noncompetitive Contract (APRIL 2003) |
| 52.232-1 | Payments (APR 1984) |
| 52.232-8 | Discounts for Prompt Payment (FEB 2002) |
| 52.232-9 | Limitation on Withholding of Payments (APRIL 1984) |
| 52.232-11 | Extras (APR 1984) |
| 52.232-17 |
Interest (JUNE 1996) |
| 52.232-23 |
Assignment of
Claims (JAN 1986) |
| 52.232-25 | Prompt
Payment (OCT 2003) |
| 52.233-1 | Disputes (JULY
2002) |
| 52.233-3 | Protest
After Award (AUG 1996) |
| 52.233-4 | Applicable Law for Breach of Contract Claim (OCT 2004) |
| 52.242-13 |
Bankruptcy (JUL 1995) |
| 52.243-1 | Changes—Fixed Price (AUG 1987)
Alternate I (APRIL 1984)
|
| 52.246-4 |
Inspection of Services—Fixed Price (AUG 1996) |
| 52.246-25 |
Limitation of Liability—Services (FEB 1997) |
| 52.249-4 | Termination for Convenience of the Government (Services) (Short Form) (APRIL 1984)
|
| 52.249-8 |
Default (Fixed-Price Supply and Service) (APRIL 1984)
|
B. DEPARTMENT OF HEALTH AND HUMAN SERVICES ACQUISITION
REGULATION (HHSAR) (48 CFR CHAPTER 3) CLAUSES
| HHSAR Clause No. |
Title and Date |
| 352.202-1 |
Definitions (JAN 2006) |
| 352.232-9 | Withholding of Contract Payments (JAN 2006) |
| 352.270-1 | Accessibility of Meetings, Conferences, Seminars to Persons with Disabilities (DEC 2006)
|
| 352.270-4 |
Pricing of Adjustments (JAN 2001) |
| 352.270-7 |
Paperwork Reduction Act (JAN 2006) |
Return to Contents
PART III—LIST OF DOCUMENTS, EXHIBITS AND ATTACHMENTS
SECTION J—LIST OF ATTACHMENTS
Attachment
1. Past
Performance Questionnaire and Contractor Performance Form
2. Proposal Intent Form
NOTE:
ALL ATTACHMENTS ARE LOCATED AT THE END OF THIS REQUEST FOR PROPOSAL.
Return to Contents
(FAC
2005-03)
PART IV—REPRESENTATIONS AND INSTRUCTIONS
SECTION K—REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
| Section |
Clause No. |
Title
and Date |
|---|
| K.1 |
HHSAR
315.204-5 |
Representations and Instructions |
| K.2. |
FAR 52.204-8 |
Annual
Representations and Certifications (JAN 2006) |
| K.3. |
FAR 52.222-21 |
Prohibition
of Segregated Facilities (FEB 1999) |
| K.4. |
FAR 52.230-1 |
Cost
Accounting Standards Notices and Certification (JUNE 2000) |
| K.5. |
FAR 15.406-2 |
Certificate
of Current Cost and Pricing Data |
| K.6. |
P.L. 103-227 |
Certification
Regarding Environmental Tobacco Smoke |
K.1
REPRESENTATIONS AND INSTRUCTIONS HHSAR 315.204-5
- Section
K, Representations, certifications, and other statements of offerors.
- This
section shall begin with the following and continue with the applicable
representations and certifications:
TO BE
COMPLETED BY THE OFFEROR: (The Representations and Certifications must be
executed by an individual authorized to bind the Offeror.) The Offeror makes
the following Representations and Certifications as part of its proposal.
(Check or complete all appropriate boxes or blanks on the following pages.)
_______________________________________________
(Name of
Offeror) (RFP No.)
______________________________________________
(Signature
of Authorized Individual) (Date)
______________________________________________
(Typed
Name of Authorized Individual)
NOTE: The
penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
K.2.
ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006) (FAR 52.204-8)
- (1) If the clause at 52.204-7, Central Contractor Registration, is included in this
solicitation, paragraph (c) of this provision applies.
(2) If the clause at 52.204-7 is not included in
this solicitation, and the offeror is currently registered in CCR, and has
completed the ORCA electronically, the offeror may choose to use paragraph (b)
instead of completing the corresponding individual representations and
certifications in the solicitation. The offeror shall indicate which option
applies by checking one of the following boxes:
[ ] (i) Paragraph (b) applies.
[ ] (ii) Paragraph (b) does not apply and the
offeror has completed the individual representations and certification in the
solicitation.
-
The offeror has completed the annual representations and certifications
electronically via the Online Representations and Certifications Application
(ORCA) Web site at https://orca.bpn.gov.
After reviewing the ORCA database information, the offeror verifies by
submission of the offer that the representations and certifications currently
posted electronically have been entered or updated within the last 12 months,
are current, accurate, complete, and applicable to this solicitation (including
the business size standard applicable to the NAICS code referenced for this
solicitation), as of the date of this offer and are incorporated in this offer
by reference (see FAR 4.1201); except for the changes identified below (offeror
to insert changes, identifying change by clause number, title, date). These
amended representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this offer.
| FAR Clause# |
Title |
Date Change |
|---|
| |
|
|
Any
changes provided by the offeror are applicable to this solicitation only, and
do not result in an update to the representations and certifications posted on
ORCA.
(End of provision)
K.3. PROHIBITION OF
SEGREGATED FACILITIES
(FEB
1999) (FAR 52.222-21)
-
"Segregated facilities," as used in this clause, means any waiting
rooms, work areas, rest rooms and wash rooms, restaurants and other eating
areas, time clocks, locker rooms and other storage or dressing areas, parking
lots, drinking fountains, recreation or entertainment areas, transportation,
and housing facilities provided for employees, that are segregated by explicit
directive or are in fact segregated on the basis of race, color, religion, or
national origin because of written or oral policies or employee custom. The
term does not include separate or single-user rest rooms or necessary dressing
or sleeping areas provided to assure privacy between the sexes.
- The
Contractor agrees that it does not and will not maintain or provide for its
employees any segregated facilities at any of its establishments, and that it
does not and will not permit its employees to perform their services at any
location under its control where segregated facilities are maintained. The
Contractor agrees that a breach of this clause is a violation of the Equal
Opportunity clause in this contract.
- The
Contractor shall include this clause in every subcontract and purchase order
that is subject to the Equal Opportunity clause of this contract.
(End
of Clause)
K.4.
COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION
(FAR 52.230-1) (JUNE
2000)
NOTE: This notice does
not apply to small businesses or foreign governments. This notice is in three
parts, identified by Roman numerals I through III.
Offerors shall examine each part and provide the
requested information in order to determine Cost Accounting Standards (CAS)
requirements applicable to any resultant contract.
If the offeror is an educational institution,
Part II does not apply unless the contemplated contract will be subject to full
or modified CAS-coverage pursuant to 48CFR 9903.201-2(c)(5) or 9903.201-2(c)(6),respectively.
- Disclosure
Statement—Cost Accounting Practices and Certification
- Any contract in
excess of $500,000 resulting from this solicitation, will be subject to the
requirements of the Cost Accounting Standards Board (48 CFR, Chapter 99),
except for those contracts which are exempt as specified in 48 CFR 9903.201-1.
- Any offeror
submitting a proposal which, if accepted, will result in a contract subject to
the requirements of 48 CFR Chapter 99 must, as a condition of contracting,
submit a Disclosure Statement as required by 48 CFR 9903.202. When required,
the Disclosure Statement must be submitted as a part of the offeror's proposal
under this solicitation unless the offeror has already submitted a Disclosure
Statement disclosing the practices used in connection with the pricing of this
proposal. If an applicable Disclosure Statement has already been submitted,
the offeror may satisfy the requirement for submission by providing the information
requested in paragraph (c) of Part I of this provision. Caution: In the
absence of specific regulations or agreement, a practice disclosed in a
Disclosure Statement shall not, by virtue of such disclosure, be deemed to be a
proper, approved, or agreed-to practice for pricing proposals or accumulating
and reporting contract performance cost data.
-
Check the appropriate box below:
[ ] (1)
Certificate of Concurrent Submission of Disclosure Statement.
The offeror hereby certifies that, as a part of the offer,
copies of the Disclosure Statement have been submitted as follows: (i) original
and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency official authorized to act in that capacity, as applicable, and
(ii) one copy to the cognizant Federal auditor.
(Disclosure
must be on Form No. CASB DS-1 or CASB DS-2, as applicable. Forms may be obtained from the
cognizant ACO or Federal official and/or from the loose-leaf version of the
Federal Acquisition Regulation.)
Date
of Disclosure Statement: __________________________
Name
and Address of Cognizant
____________________________________________________
____________________________________________________
____________________________________________________
ACO or Federal official where filed: __________________________
The offeror further certifies that practices used in
estimating costs in pricing this proposal are consistent with the cost
accounting practices disclosed in the Disclosure Statement.
[ ] (2) Certificate of
Previously Submitted Disclosure Statement.
The offeror hereby certifies that the required Disclosure
Statement was filed as follows:
Date of Disclosure Statement:__________________________
Name
and Address of Cognizant
____________________________________________________
____________________________________________________
____________________________________________________
ACO or Federal official where filed:__________________________
The offeror further certifies that the practices used in
estimating costs in pricing this proposal are consistent with the cost
accounting practices disclosed in the applicable Disclosure Statement.
[ ] (3) Certificate of
Monetary Exemption.
The offeror hereby certifies that the offeror together with
all divisions, subsidiaries, and affiliates under common control, did not
receive net awards of negotiated prime contracts and subcontracts subject to CAS totaling more than $25 million in the cost accounting period immediately preceding the period
in which this proposal was submitted. The offeror further certifies that if
such status changes before an award resulting from this proposal, the offeror
will advise the Contracting Officer immediately.
[ ] (4) Certificate of
Interim Exemption.
The offeror hereby certifies that (i) the offeror first
exceeded the monetary exemption for disclosure, as defined in (3) of this
subsection, in the cost accounting period immediately preceding the period in
which this offer was submitted and (ii) in accordance with 48 CFR, Subpart 9903.202-1, the offeror is not yet required to submit a Disclosure Statement. The
offeror further certifies that if an award resulting from this proposal has not
been made within 90 days after the end of that period, the offeror will
immediately submit a review certificate to the Contracting Officer, in the form
specified under subparagraph (c)(1) or (c)(2) of Part I of this provision, as
appropriate, to verify submission of a completed Disclosure Statement.
Caution: Offerors
currently required to disclose because they were awarded a CAS-covered prime
contract or subcontract of $25 million or more in the current cost accounting
period may not claim this exemption (4). Further, the exemption applies only
in connection with proposals submitted before expiration of the 90-day period
following the cost accounting period in which the monetary exemption was
exceeded.
- Cost
Accounting Standards—Eligibility for Modified Contract Coverage
If the offeror is eligible to use the modified
provisions of 48 CFR, Subpart 9903.201-2(b) and elects to do so, the offeror
shall indicate by checking the box below. Checking the box below shall mean
that the resultant contract is subject to the Disclosure and Consistency of
Cost Accounting Practices clause in lieu of the Cost Accounting Standards
clause.
[ ] The offeror hereby
claims an exemption from the Cost Accounting Standards clause under the
provisions of 48 CFR, Subpart 9903.201-2(b) and certifies that the offeror is
eligible for use of the Disclosure and Consistency of Cost Accounting Practices
clause because during the cost accounting period immediately preceding the
period in which this proposal was submitted, the offeror received less than $25
million in awards of CAS-covered prime contracts and subcontracts or the
offeror did not receive a single CAS-covered award exceeding $1 million. The
offeror further certifies that if such status changes before an award resulting
from this proposal, the offeror will advise the Contracting Officer
immediately.
Caution:
An offeror may not claim the above eligibility for modified contract coverage
if this proposal is expected to result in the award of a CAS-covered contract
of $25 million or more or if, during its current cost accounting period, the
offeror has been awarded a single CAS-covered prime contract or subcontract of
$25 million or more.
- Additional
Cost Accounting Standards Applicable to Existing Contracts
The offeror shall indicate below whether award
of the contemplated contract would, in accordance with subparagraph (a)(3) of
the Cost Accounting Standards clause, require a change in established cost
accounting practices affecting existing contracts and subcontracts. [ ] Yes
[ ] No
(End of Provision)
ALTERNATE I (APR 1996)
[ ] (5)
Certificate of Disclosure Statement Due Date by Educational Institution.
If the offeror is an educational institution
that, under the transition provisions of 48 CFR 9903.202-1(f), is or will be
required to submit a Disclosure Statement after receipt of this award, the
offeror hereby certifies that (check one and complete):
[ ] (a) A Disclosure Statement filing Due
Date of ___________ has been established with the cognizant
Federal agency.
[ ] (b) The Disclosure Statement will be
submitted within the six month period ending ___________ months after
receipt of this award.
Name and Address of cognizant ACO or Federal
Official where Disclosure Statement is to be filed:
____________________________________________________
____________________________________________________
____________________________________________________
(END OF ALTERNATE I)
K.5. CERTIFICATE OF
CURRENT COST OR PRICING DATA
(FAR 15.406-2)
When
cost or pricing data are required, the contracting officer shall require the
contractor to execute a Certificate of Current Cost or Pricing Data using the
format in this paragraph, and shall include the executed certificate in the
contract file.
This
is to certify that, to the best of my knowledge and belief, the cost or pricing
data (as defined in Section 15.401 of the Federal Acquisition Regulation (FAR)
and required under FAR subsection 15.403-4) submitted, either actually or by
specific identification, in writing, to the contracting officer or the
contracting officer's representative in support of _______________________* are
accurate, complete, and current as of _______________________**.
This
certification includes the cost or pricing data supporting any advance
agreements and forward pricing rate agreements between the offeror and the
Government that are part of the proposal.
FIRM _____________________________________________________
NAME ____________________________________________________
Signature
TITLE _____________________________________________________
DATE OF
EXECUTION*** ______________________________________
* Identify the proposal, request for price adjustment, or other submission
involved, giving the appropriate identifying number (e.g.,
Request for Proposal number).
** Insert the day, month, and year when price negotiations were concluded and
price agreement was reached or, if applicable, an earlier date agreed upon
between the parties that is as close as practicable to the date of
agreement on price.
***
Insert the day, month, and year of signing, which should be as close as
practicable to the date when the price negotiations were concluded and the
contract price agreed to.
End of Certificate
K.6. ENVIRONMENTAL
TOBACCO SMOKE
The Public Health Service strongly encourages
all grant and contract recipients to provide a smoke-free workplace and to promote
the nonuse of all tobacco products. In addition, Public Law 103-227, the
Pro-Children Act of 1994, prohibits smoking in certain facilities (or in some
cases, any portion of a facility) in which regular or routine education,
library, day care, health care or early childhood development services are
provided to children.
CERTIFICATION REGARDING
ENVIRONMENTAL TOBACCO SMOKE
Public
Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that
smoking not be permitted in any portion of any indoor facility owned or leased
or contracted for by an entity and used routinely or regularly for the
provision of health, day care, early childhood development services, education
or library services to children under the age of 18, if the services are funded
by Federal programs either directly or through State or local governments, by
Federal grant, contract, loan, or loan guarantee. The law also applies to
children's services that are provided in indoor facilities that are
constructed, operated, or maintained with such Federal funds. The law does not
apply to children's services provided in private residences; portions of
facilities used for inpatient drug or alcohol treatment; service providers
whose sole source of applicable Federal funds is Medicare or Medicaid; or
facilities where WIC coupons are redeemed. Failure to comply with the
provisions of the law may result in the imposition of a civil monetary penalty
of up to $1000 for each violation and/or the imposition of an administrative
compliance order on the responsible entity.
By
signing this certification, the offeror/contractor certifies that the submitted
organization will comply with the requirements of the Act and will not allow
smoking within any portion of any indoor facility used for the provision of
services for children as defined by the Act.
The
submitting organization agrees that it will require that the language of this
certification be included in any subawards which contain provisions for
children's services and that all subrecipients shall certify accordingly.
Organization:_________________________________________________
Signature: _________________________
Title: _____________________
Date: ________________________________
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