PART II CONTRACT CLAUSES第二部分合同条款.doc

NAS9-01056SECTION IPART II CONTRACT CLAUSESSECTION ICONTRACT CLAUSESCLAUSES THAT PERTAIN TO THE CONTRACT IN GENERALI.1 LISTING OF CLAUSES INCORPORATED BY REFERENCENOTICE: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference:I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)CLAUSENUMBER DATETITLE 52.202-1MAY 2001DEFINITIONS (Other than Construction)52.203-3APR 1984GRATUITIES 52.203-5 APR 1984COVENANT AGAINST CONTINGENT FEES52.203-6JUL 1995RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT 52.203-7JUL 1995ANTI-KICKBACK PROCEDURES52.203-8JAN 1997CANCELLATION, RECISION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY 52.203-10JAN 1997PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY 52.203-12JUN 1997LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS 52.204-2AUG 1996SECURITY REQUIREMENTS 52.204-4AUG 2000PRINTING/COPYING DOUBLE-SIDED ON RECYCLED PAPER52.208-8JUN 1997HELIUM REQUIREMENT FORECASTS AND REQUIRED SOURCES FOR HELIUM 52.208-9MAR 1996CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY 52.209-6JUL 1995PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT 52.211-5AUG 2000MATERIAL REQUIREMENTS 52.211-15SEP 1990DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS 52.215-2JUN 1999AUDIT AND RECORDSNEGOTIATION 52.215-8OCT 1997ORDER OF PRECEDENCEUNIFORM CONTRACT FORMAT 52.215-11OCT 1997PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA MODIFICATIONS 52.215-13OCT 1997SUBCONTRACTOR COST OR PRICING DATA MODIFICATIONS52.215-14OCT 1997INTEGRITY OF UNIT PRICES52.215-17OCT 1997WAIVER OF FACILITIES CAPITAL COST OFMONEY52.215-21OCT 1997REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA MODIFICATIONS52.216-7MAR 2000ALLOWABLE COST AND PAYMENT 52.216-18OCT 1995ORDERING (fill in para (a) February 1, 2002 and March 31, 2004 respectively or as modified by exercising of option(s) at F.6.) 52-219-4 OCT 2004 Notice of Price Evaluation Preference for HUBZoneSmall Business Concerns 52.219-8OCT 2000UTILIZATION OF SMALL BUSINESS CONCERNS52.219-9OCT 2000SMALL BUSINESS SUBCONTRACTING PLAN (ALTERNATE II)(JAN 99) 52.219-16JAN 1999LIQUIDATED DAMAGES-SUBCONTRACTING PLAN52.219-25OCT 1999SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM DISADVANTAGED STATUS AND REPORTING52-222-1FEB 1997NOTICE TO THE GOVERNMENT OF LABOR DISPUTES 52.222-3AUG 1996CONVICT LABOR 52.222-4SEP 2000CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OVERTIME COMPENSATION52.222-19FEB 2001CHILD LABORCOOPERATION WITH AUTHORITIES AND REMEDIES 52.222-20DEC 1996WALSH-HEALEY PUBLIC CONTRACTS ACT 52.222-21FEB 1999PROHIBITION OF SEGREGATED FACILITIES 52.222-26FEB 1999EQUAL OPPORTUNITY 52.222-35APR 1998AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS 52.222-36JUN 1998AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES 52.222-37JAN 1999EMPLOYMENT REPORTS ON DISABLEDVETERANS AND VETERANS OF THE VIETNAM ERA 52.222-41MAY 1989SERVICE CONTRACT ACT OF 1965, AS AMENDEDThe following clause (52.222-43) entitled “Fair Labor Standards Act and Service Contract ActPrice Adjustment (Multiple Year and Option Contracts) applies only to Annexes 6, 7, and 14. The parties agree that this clause cannot reasonably be interpreted as a basis to negotiate any adjustment(s) to any ID/IQ pricing coefficients or the R. S. Means industry price data: 52.222-43MAY 1989FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT-PRICE ADJUSTMENT(MULTIPLE YEAR AND OPTION CONTRACTS) 52.223-5APR 1998POLLUTION PREVENTION AND RIGHT TO KNOW INFORMATION 52.223-9AUG 2000CERTIFICATION AND ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPADESIGNATED PRODUCTS 52.223-10AUG 2000WASTE REDUCTION PROGRAM 52.223-12MAY 1995REFRIGERATION EQUIPMENT AND AIR CONDITIONERS 52.223-14OCT 2000TOXIC CHEMICAL RELEASE REPORTING 52.225-13JUL 2000RESTRICTIONS ON CERTAIN FOREIGN PURCHASES 52.227-1JUL 1995AUTHORIZATION AND CONSENT 52.227-2AUG 1996NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT 52.227-16JUN 1987ADDITIONAL DATA REQUIREMENTSThe following 3 clauses (52.228-5, 52.229-3, and 52.229-5) entitled “Insurance Work on a Government Installation,” “Federal, State, and Local Taxes,” and “TaxesContracts Performed in U.S. Possessions or Puerto Rico” only apply to fixed-price services under SOW Annexes 6, 7, and 14: 52.228-5JAN 1997INSURANCE - WORK ON A GOVERNMENT INSTALLATION52.228-7Mar 1996INSURANCE LIABILITY TO THIRD PERSONS 52.229-3JAN 1991FEDERAL, STATE, AND LOCAL TAXES 52.229-5APR 1984TAXES-CONTRACTS PERFORMED IN U.S. POSSESSIONS OR PUERTO RICOThe following 2 clauses (52.230-2 and 52.230-6) entitled “Cost Accounting Standards,” and “Administration of Cost Accounting Standards” respectively only apply to cost-reimbursable services under SOW Annexes 1-5 and 8-13: 52.230-2APR 1998COST ACCOUNTING STANDARDS 52.230-6NOV 1999ADMINISTRATION OF COST ACCOUNTING STANDARDSThe following 3 clauses (52.232-1, 52.232-8, and 52.232-11) entitled “Payments,” “Discounts for Prompt Payment,” and “Extras” respectively only apply to fixed-price services under SOW Annexes 6, 7, and 14:52.232-1APR 1984PAYMENTS 52.232-8MAY 1997DISCOUNTS FOR PROMPT PAYMENT 52.232-11APR 1984EXTRAS 52.232-17JUN 1996INTEREST52.232-22APR 1984LIMITATION OF FUNDS 52.232-23JAN 1986ASSIGNMENT OF CLAIMS52.232-25MAY 2001PROMPT PAYMENT Alternate I (Feb 2002)(e) Invoices for interim payments . For interim payments under this cost-reimbursement contract for services- (1) Paragraphs (a)(2), (a)(3), (a)(4)(ii), (a)(4)(iii), and (a)(5)(i) do not apply; (2) For purposes of computing late payment interest penalties that may apply, the due date for payment is the 30th day after the designated billing office receives a proper invoice; and (3) The contractor shall submit invoices for interim payments in accordance with paragraph (a) of FAR 52.216-7, Allowable Cost and Payment. If the invoice does not comply with contract requirements, it will be returned within 7 days after the date the designated billing office received the invoice. 52.232-34MAY 1999PAYMENT BY ELECTRONIC FUNDSTRANSFEROTHER THAN CENTRAL CONTRACTOR REGISTRATION 52.233-1DEC 1998DISPUTES (ALTERNATE I) (DEC 1991) 52.233-3AUG 1996PROTEST AFTER AWARD (ALTERNATE I)(JUN 1985) 52.237-2APR 1984PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION 52.237-3JAN 1991CONTINUITY OF SERVICES 52.239-1AUG 1996PRIVACY OR SECURITY SAFEGUARDS52.242-1APR 1984NOTICE OF INTENT TO DISALLOW COSTS52.242-3MAY 2001PENALTIES FOR UNALLOWABLE COSTS52.242-4JAN 1997CERTIFICATION OF FINAL INDIRECT COSTS 52.242-13JUL 1995BANKRUPTCYThe following clause (52.243-1) entitled “ChangesFixed Price (Alternate II)” only applies to fixed price services under SOW Annexes 6, 7, and 14: 52.243-1AUG 1987CHANGES-FIXED PRICE (ALTERNATE II) (APR 1984) The following clause (52.243-2) entitled “ChangesCost-Reimbursement (Alternate II)” only applies to cost reimbursable services under SOW Annexes 1-5, and 8-13:52.243-2AUG 1987CHANGESCOST-REIMBURSEMENT (ALTERNATE II)(APR 1984) 52.243-7APR 1984NOTIFICATION OF CHANGES52.244-6MAY 2001SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTSThe following clause (52.245-2) entitled “Government Property (Fixed-Price Contracts)” only applies to fixed price services under SOW Annexes 6, 7, and 14: 52.245-2DEC 1989GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS)(ALTERATE I)(APR 1984)The following clause (52.245-5) entitled “Government Property (Cost-Reimbursement, Time-and-Material, or Labor-Hour Contracts)(Deviation)(As Modified by NASA PIC 98-13)” only applies to Annexes 1 through 5 and 8 through 13.52.245-5JAN 1986GOVERNMENT PROPERTY (COST-REIMBURSEMENT, TIME-AND-MATERIAL, OR LABOR-HOUR CONTRACTS)(DEVIATION)(AS MODIFIED BY NASA PIC 98-13) 52.246-25FEB 1997LIMITATION OF LIABILITYSERVICES52.247-1APR 1984COMMERICAL BILL OF LADING NOTIATIONS (COST REIMBURSABLE) (VALERIE A. MARBURGER) 52.248-1FEB 2000VALUE ENGINEERINGThe following 2 clauses (52.249-2 and 52.249-8) entitled “Termination for Convenience of the Government (Fixed Price),” and “Default (Fixed-Price Supply and Service)” respectively only apply to services provided under SOW Annexes 6, 7, and 14: 52.249-2SEP 1996TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) 52.249-8APR 1984DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)The following clause (52.249-6) entitled “Termination (Cost-Reimbursement)” applies to services provided under SOW Annexes 1 through 5 and 8 through 13.52.249-6SEP 1996TERMINATION (COST-REIMBURSEMENT) 52.251-1APR 1984GOVERNMENT SUPPLY SOURCES52.251-2JAN 1991INTERAGENCY FLEET MANAGEMENT SYSTEM (IFMS) VEHICLES AND RELATED SERVICES 52.252-2FEB 1998CLAUSES INCORPORATED BY REFERENCE 52.253-1JAN 1991COMPUTER GENERATED FORMSII. NASA FAR SUPPLEMENT (48 CFR CHAPTER 18)CLAUSENUMBER DATETITLE1852.204-74 AUG 2000CENTRAL CONTRACTOR REGISTRATION1852.216-89JUL 1997ASSIGNMENT AND RELEASE FORMS1852.219-74SEP 1990USE OF RURAL AREA SMALL BUSINESSES1852.219-75MAY 1999SMALL BUSINESS SUBCONTRACTING REPORTING1852.219-76JUL 1997NASA 8 PERCENT GOAL1852.219-77MAY 1999NASA MENTOR-PROTG PROGRAM1852.219-79MAR 1999MENTOR REQUIREMENTS AND EVALUATION1852.223-74MAR 1996DRUG-AND ALCOHOL-FREE WORKFORCE1852.228-75OCT 1988MINIMUM INSURANCE COVERAGE1852.236-73DEC 1988HURRICANE PLAN1852.237-70DEC 1988EMERGENCY EVACUATION PROCEDURES1852.243-71MAR 1997SHARED SAVINGS1852.245-73SEP 2000FINANCIAL REPORTING OF NASA PROPERTY IN THE CUSTODY OF CONTRACTORS1852.245-75MAR 1989TITLE TO EQUIPMENTI.2 APPROVAL OF CONTRACT (FAR 52.204-1)(DEC 1989)This contract is subject to the written approval of the Procurement Officer and shall not be binding until so approved.(End of Clause)I.3 INDEFINITE QUANTITY (FAR 52.216-22) (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered,the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum. (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contractshall govern the Contractors and Governments rights and obligations with respect to that order to the same extent as if the order were completed during the contracts effective period;provided, that the Contractor shall not be required to make any deliveries under this contract after March 31, 20052006. (End of clause)I.4 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (52.222-42) (May 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332. This Statement is for Information Only: It is not a Wage Determination Employee Class Monetary Wage-Fringe Benefits See SF98 in Section J, Attachment E, Pages J-E, 4 through J-E, 8 (End of clause)I.5 SCA MINIMUM WAGES AND FRINGE BENEFITS (FAR 52.222-47) (MAY 1989) An SCA wage determination applicable to this work has been requested from the U.S. Department of Labor. If an SCA wage determination is not incorporated herein, the bidders/offerors shall consider the economic terms of the collective bargaining agreement (CBA) between the incumbent Contractor, BRSP, and the “International Association of Machinists, Construction Building Trades, International Union of Operating Engineers, Teamsters” (unions). If the economic terms of the collective bargaining agreement or the collective bargaining agreement itself is not attached to the solicitation, copies can be obtained from the Contracting Officer. Pursuant to Department of Labor Regulation, 29 CFR 4.1b and paragraph (g) of the clause at 52.222-41, Service Contract Act of 1965, as amended, the economic terms of that agreement will apply to the contract resulting from this solicitation, notwithstanding the absence of a wage determination reflecting such terms, unless it is determined that the agreement was not the result of arms length negotiations or that after a hearing pursuant to section 4(c) of the Act, the economic terms of the agreement are substantially at variance with the wages prevailing in the area. (End of clause)I.6 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FAR 52.223-3) (JAN 1997) ALTERNATE I (JULY 1995)(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract). (b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.Material (If none, insert None) Identification No. to be completed by the offeror_ _ _ _ (c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous. (d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award. (e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit thedata. (f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property. (g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining oflicenses and permits) in connection with hazardous material. (h) The Governments rights in data furnished under this contract with respect to hazardous material are as follows: (1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to- (i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials; (ii) Obtain medical treatment for those affected by the material; and (iii) Have others use, duplicate, and disclose the data for the Government for these purposes. (2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data. (3) The Government is no