252.222-7000 Restrictions on Employment of Personnel.
252.222-7001 Right of First Refusal of Employment--Closure
of Military Installations.
252.222-7002 Compliance with
Local Labor Laws (Overseas).
252.222-7003 Permit from Italian
Inspectorate of Labor.
252.222-7004 Compliance with
Spanish Social Security Laws and Regulations.
252.222-7005 Prohibition on Use
of Nonimmigrant Aliens.
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.
252.222-7007 Representation Regarding Combating Trafficking in Persons.
252.222-7000 Restrictions on Employment of Personnel.
As prescribed in 222.7004, use the following clause:
RESTRICTIONS ON EMPLOYMENT OF
PERSONNEL (MAR 2000)
(a) The Contractor shall employ, for the purpose
of performing that portion of the contract work in _______________, individuals
who are residents thereof and who, in the case of any craft or trade, possess
or would be able to acquire promptly the necessary skills to perform the
contract.
(b) The Contractor shall insert the substance of
this clause, including this paragraph (b), in each subcontract awarded under
this contract.
(End of clause)
252.222-7001 Right of First Refusal of Employment--Closure
of Military Installations.
As prescribed in 222.7102, use the following clause:
RIGHT OF FIRST REFUSAL OF
EMPLOYMENT--CLOSURE OF MILITARY INSTALLATIONS (APR 1993)
(a) The Contractor shall give Government
employees, who have been or will be adversely affected by closure of the
military installation where this contract will be performed, the right of first
refusal for employment openings under the contract. This right applies to positions for which the
employee is qualified, if consistent with post-Government employment conflict
of interest standards.
(b) Government personnel seeking preference under
this clause shall provide the Contractor with evidence of eligibility from the
Government personnel office.
(End of clause)
252.222-7002 Compliance with
Local Labor Laws (Overseas).
As prescribed in
222.7201(a), use the following clause:
COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)
(a) The Contractor shall
comply with all¾
(1) Local laws,
regulations, and labor union agreements governing work hours; and
(2) Labor
regulations including collective bargaining agreements, workers’ compensation,
working conditions, fringe benefits, and labor standards or labor contract
matters.
(b) The Contractor
indemnifies and holds harmless the United States Government from all claims
arising out of the requirements of this clause.
This indemnity includes the Contractor’s obligation to handle and
settle, without cost to the United States Government, any claims or litigation
concerning allegations that the Contractor or the United States Government, or
both, have not fully complied with local labor laws or regulations relating to
the performance of work required by this contract.
(c) Notwithstanding
paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and
31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be
reimbursed for the costs of all fines, penalties, and reasonable litigation
expenses incurred as a result of compliance with specific contract terms and
conditions or written instructions from the Contracting Officer.
(End of clause)
252.222-7003 Permit from Italian
Inspectorate of Labor.
As prescribed in
222.7201(b), use the following clause:
PERMIT FROM ITALIAN INSPECTORATE OF LABOR (JUN 1997)
Prior to the date set
for commencement of work and services under this contract, the Contractor shall
obtain the prescribed permit from the Inspectorate of Labor having jurisdiction
over the work site, in accordance with Article 5g of Italian Law Number 1369,
dated October 23, 1960. The Contractor
shall ensure that a copy of the permit is available at all reasonable times for
inspection by the Contracting Officer or an authorized representative. Failure to obtain such permit may result in
termination of the contract for the convenience of the United States
Government, at no cost to the United States Government.
(End of clause)
252.222-7004 Compliance with
Spanish Social Security Laws and Regulations.
As prescribed in
222.7201(c), use the following clause:
COMPLIANCE WITH SPANISH SOCIAL SECURITY LAWS AND REGULATIONS
(JUN 1997)
(a) The Contractor shall
comply with all Spanish Government social security laws and regulations. Within 30 calendar days after the start of
contract performance, the Contractor shall ensure that copies of the documents
identified in paragraph (a)(1) through (a)(5) of this clause are available at
all reasonable times for inspection by the Contracting Officer or an authorized
representative. The Contractor shall
retain the records in accordance with the Audit and Records clause of this
contract.
(1)
TC1--Certificate of Social Security Payments;
(2) TC2--List of
Employees;
(3)
TC2/1--Certificate of Social Security Payments for Trainees;
(4) Nominal (pay
statements) signed by both the employee and the Contractor; and
(5) Informa de Situacion
de Empressa (Report of the Condition of the
(b) All TC1’s, TC2’s,
and TC2/1’s shall contain a representation that they have been paid by either
the Social Security Administration Office or the Contractor’s bank or savings
institution. Failure by the Contractor
to comply with the requirements of this clause may result in termination of the
contract under the clause of the contract entitled “Default.”
(End of clause)
252.222-7005 Prohibition on Use
of Nonimmigrant Aliens--
As prescribed in 222.7302,
use the following clause:
PROHIBITION ON USE OF NONIMMIGRANT ALIENS--
The work required by
this contract shall not be performed by any alien who is issued a visa or
otherwise provided nonimmigrant status under Section 101(a)(15)(H)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)). This prohibition does not apply to the
performance of work by lawfully admitted citizens of the freely associated
states of the Republic of the
(End of clause)
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements.
As prescribed in 222.7405,
use the following clause:
RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS
(DEC 2010)
(a) Definitions. As used in this clause–
“Covered subcontractor” means any entity that has a subcontract valued in excess of $1 million, except a subcontract for the acquisition of commercial items, including commercially available off-the-shelf items.
“Subcontract” means any contract, as defined in Federal Acquisition Regulation subpart 2.1, to furnish supplies or services for performance of this contract or a higher-tier subcontract thereunder.
(b) The Contractor—
(1)
Agrees not to–
(i) Enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration–
(A) Any claim under title VII of the Civil Rights Act of 1964; or
(B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or
(ii) Take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration–
(A) Any claim under title VII of the Civil Rights Act of 1964; or
(B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; and
(2)
Certifies, by signature of the contract, that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce, any provision of any existing agreements, as described in paragraph (b)(1) of this clause, with respect to any employee or independent contractor performing work related to such subcontract.
(c) The prohibitions of this clause do not apply with respect to a contractor’s or subcontractor’s agreements with employees or independent contractors that may not be enforced in a court of the United States.
(d) The Secretary of Defense may waive the applicability of the restrictions of paragraph (b) of this clause in accordance with Defense Federal Acquisition Regulation Supplement 222.7404.
(End of clause)
252.222-7007 Representation Regarding Combating Trafficking in Persons.
As prescribed in 222.1771, use the following provision:
REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)
By submission of its offer, the Offeror represents that it—
(a) Will not engage in any trafficking in persons or related activities, including but not limited to the use of forced labor, in the performance of this contract;
(b) Has hiring and subcontracting policies to protect the rights of its employees and the rights of subcontractor employees and will comply with those policies in the performance of this contract; and
(c) Has notified its employees and subcontractors of—
(1)
The responsibility to report trafficking in persons violations by the Contractor, Contractor employees, or subcontractor employees, at any tier; and
(2)
Employee protection under 10 U.S.C. 2409, as implemented in DFARS subpart 203.9, from reprisal for whistleblowing on trafficking in persons violations.
(End of provision)