Table of Contents for:
I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE. (JUN 1988)
This contract incorporates one or more 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
|52.203-05||COVENANT AGAINST CONTINGENT FEES||APR 1984|
|52.203-06||RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT||JUL 1995|
|52.203-07||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||JAN 1990|
|52.209-06||PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT||JUL 1995|
|52.215-22||PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA||OCT 1995|
|52.215-24||SUBCONTRACTOR COST AND PRICING DATA||OCT 1995|
|52.215-26||INTEGRITY OF UNIT PRICES||FEB 1997|
|52.215-27||TERMINATION OF DEFINED BENEFITS PENSION PLANS||MAR 1996|
|52.215-30||FACILITIES CAPITAL COST OF MONEY||SEP 1987|
|52.215-33||ORDER OF PRECEDENCE||JAN 1986|
|52.215-40||NOTIFICATION OF OWNERSHIP CHANGES||FEB 1995|
|52.222-20||WALSH-HEALEY PUBLIC CONTRACTS ACT||DEC 1996|
|52.222-26||EQUAL OPPORTUNITY||APR 1984|
|52.222-35||AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS||APR 1984|
|52.222-36||AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS||APR 1984|
|52.222-37||EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA||JAN 1988|
|52.223-02||CLEAN AIR AND WATER||APR 1984|
|52.223-06||DRUG-FREE WORKPLACE||JAN 1997|
|52.225-03||BUY AMERICAN ACT - SUPPLIES||JAN 1994|
|52.227-01||AUTHORIZATION AND CONSENT||JUL 1995|
|52.227-14||RIGHTS IN DATA--GENERAL||JUN 1987|
|52.229-03||FEDERAL, STATE, AND LOCAL TAXES||JAN 1991|
|52.230-02||COST ACCOUNTING STANDARDSAPR 1996|
|52.230-03||DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES||APR 1996|
|52.230-05||ADMINISTRATION OF COST ACCOUNTING STANDARDS||FEB 1995|
|52.232-08||DISCOUNTS FOR PROMPT PAYMENT||APR 1989|
|52.232-23||ASSIGNMENT OF CLAIMS||JAN 1986|
|52.233-03||PROTEST AFTER AWARD||AUG 1996|
|52.243-01||CHANGES - FIXED-PRICE||AUG 1987|
|52.243-07||NOTIFICATION OF CHANGES||APR 1984|
|52.244-01||SUBCONTRACTS (FIXED PRICE CONTRACTS)||FEB 1995|
|52.245-02||GOVERNMENT PROPERTY --FIXED PRICE CONTRACTS||DEC 1989|
|52.249-02||TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)||SEP 1996|
|52.249-08||DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)||APR 1984|
|52.253-01||COMPUTER GENERATED FORMS||JAN 1991|
I.2 52.215-2 AUDIT AND RECORDS--NEGOTIATION. (AUG 1996)--AS MODIFIED BY
THE LIBRARY OF CONGRESS (SEP 1996)
(a) As used in this clause, records includes books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of whether such items are in written
form, in the form of computer data, or in any other form.
(b) Examination of costs. If this is a cost-reimbursement, incentive, time-and-materials, labor-hour, or price redeterminable contract, or any combination of these, the Contractor shall maintain
and the Contracting Officer, or an authorized representative of the Contracting Officer, shall have
the right to examine and audit all records and other evidence sufficient to reflect properly all
costs claimed to have been incurred or anticipated to be incurred directly or indirectly in
performance of this contract. This right of examination shall include inspection at all reasonable
times of the Contractor's plants, or parts of them, engaged in performing the contract.
(c) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in
connection with any pricing action relating to this contract, the Contracting Officer, or an
authorized representative of the Contracting Officer, in order to evaluate the accuracy,
completeness, and currency of the cost or pricing data, shall have the right to examine and audit
all of the Contractor's records, including computations and projections, related to--
(d) The Librarian of Congress, and the Comptroller General.
(1) The proposal for the contract, subcontract, or modification;
(2) The discussions conducted on the proposal(s), including those related to negotiating;
(3) Pricing of the contract, subcontract, or modification; or
(4) Performance of the contract, subcontract or modification.
(e) Reports. If the Contractor is required to furnish cost, funding, or performance reports, the
Contracting Officer or an authorized representative of the Contracting Officer shall have the right
to examine and audit the supporting records and materials, for the purpose of evaluating (1) the
effectiveness of the Contractor's policies and procedures to produce data compatible with the
objectives of these reports and (2) the data reported.
(f) Availability. The Contractor shall make available at its office at all reasonable times the
records, materials, and other evidence described in paragraphs (a), (b), (c), (d), and (e) of this
clause, for examination, audit, or reproduction, until 3 years after final payment under this
contract or for any shorter period specified in Subpart 4.7, Contractor Records Retention, of the
Federal Acquisition Regulation (FAR), or for any longer period required by statute or by other
clauses of this contract. In addition--
- (1) The Librarian of Congress or a duly authorized representative of the Library and the
Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and the right to examine any of the Contractor's directly pertinent
records involving transactions related to this contract or a subcontract hereunder.
- (2) This paragraph may not be construed to require the Contractor or subcontractor to create or
maintain any record that the Contractor or subcontractor does not maintain in the ordinary course
of business or pursuant to a provision of law.
(g) The Contractor shall insert a clause containing all the terms of this clause, including this
paragraph (a), in all subcontracts under this contract that exceed the simplified acquisition
- (1) If this contract is completely or partially terminated, the records relating to the work
terminated shall be made available for 3 years after any resulting final termination settlement;
- (2) Records relating to appeals under the Disputes clause or to litigation or the settlement of
claims arising under or relating to this contract shall be made available until such appeals,
litigation, or claims are finally resolved.
(1) That are cost-reimbursement, incentive, time-and-materials, labor-hour, or price-redeterminable type or any combination of these;
(2) For which cost or pricing data are required; or
(3) That require the subcontractor to furnish reports as discussed in paragraph (e) of this clause.
The clause may be altered only as necessary to identify properly the contracting parties and the
Contracting Officer under the Government prime contract.
I.3 52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of
delivery orders or task orders by the individuals or activities designated in the Schedule. Such
orders may be issued from contract award through completion and acceptance of deliverables for
the base and options years, if exercised.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In
the event of conflict between a delivery order or task order and this contract, the contract shall
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits
the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce
methods only if authorized in the Schedule.
I.4 52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract
in an amount of less than 50 percent of the estimated quantities for the base and each option year
as exercised, the Government is not obligated to purchase, nor is the Contractor obligated to
furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor any order for a combination of
items in excess of 50 percent of the estimated quantities for the base and each option year, as
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part
of any one requirement from the Contractor if that requirement exceeds the maximum-order
limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order
exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is
returned to the ordering office within [ ] days after issuance, with written notice stating the
Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this
notice, the Government may acquire the supplies or services from another source.
I.5 52.216-22 INDEFINITE QUANTITY. (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 contract
shall govern the Contractor's and Government's rights and obligations with respect to that order
to the same extent as if the order were completed during the contract's effective period; provided,
that the Contractor shall not be required to make any deliveries under this contract after the final
task order issued in the last option year.
I.6 52.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price
specified. The Contracting Officer may exercise the option by written notice to the Contractor
within 30 days written notification. Delivery of the added items shall continue at the same rate as
the like items called for under the contract, unless the parties otherwise agree.
I.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 1989)
(a) The Government, may extend the term of this contract by written notice to the Contractor
within 30 days before contract expiration or when funds become available, whichever date is the
later; provided that the Government shall have given the Contractor a preliminary written notice
of is intention to extend at least 30 days before this contract is to expire. The preliminary notice
of intent does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include
this option provision.
(c) The total duration of this contract, including the exercise of any options under this clause,
shall not exceed 36 months beginning with actual production.
I.8 52.233-1 DISPUTES (OCT 1995)--AS MODIFIED BY THE LIBRARY OF
CONGRESS (JAN 1996)
(a) This contract is not subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.601-613).
(b) All disputes arising under or relating to this contract shall be resolved under this clause.
(c) "Claim," as used in this clause, means a written demand or written assertion by one of the
contracting parties seeking, as a matter of right, the payment of money in a sum certain, the
adjustment or interpretation of contract terms, or other relief arising under or relating to this
contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that
can be resolved under a contract clause that provides for the relief sought by the claimant.
However, a written demand or written assertion by the Contractor seeking the payment of money
exceeding $100,000 is not a claim under this clause until certified as required by subparagraph
(d)(2) below. A voucher, invoice, or other routine request for payment that is not in dispute
when submitted is not a claim under this clause. The submission may be converted to a claim
under this clause if it is disputed either as to liability or amount, or is not acted upon in a
reasonable time, by complying with the submission and certification requirements of this clause.
(d)(1) A claim by the Contractor shall be made in writing and unless otherwise stated in this
contract submitted within 6 years after accrual of the claim to the Contracting Officer for a
written decision. A claim by the Government against the Contractor shall be subject to a written
decision by the Contracting Officer.
(2)(i) Contractors shall provide the certification specified in subparagraph (d)(2)(iii) of this
clause when submitting any claim -
(A) Exceeding $100,000; or
(B) Regardless of the amount claimed, when using -
(1) Arbitration conducted pursuant to 5 U.S.C. 575-580; or
(2) Any other alternative means of dispute resolution (ADR) technique that the agency elects to
handle in accordance with the Administrative Dispute Resolution Act (ADRA).
(ii) The certification requirement does not apply to issues in controversy that have not been
submitted as all or part of a claim.
(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that
the supporting data are accurate and complete to the best of my knowledge and belief; that the
amount requested accurately reflects the contract adjustment for which the Contractor believes
the Government is liable; and that I am duly authorized to certify the claim on behalf of the
(3) The certification may be executed by any person duly authorized to bind the Contractor with
respect to the claim.
(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in
writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or
notify the Contractor of the date by which the decision will be made.
(f) The Contracting Officer's decision shall be final unless the Contractor appeals to the Chief of
the Contracts and Logistics Services who will serve as the Hearing Officer to review the
(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the
Government is presented to the Contractor, the parties, by mutual consent, may agree to use
ADR. If the Contractor refuses an offer for alternative dispute resolution, the Contractor shall
inform the Contracting Officer, in writing, of the Contractors specific reasons for rejecting the
request. When using arbitration pursuant to 5 U.S.C. 575-580, or when using any other ADR
technique that the agency elects to handle in accordance with the ADRA, any claim, regardless of
amount, shall be accompanied by the certification described in subparagraph (d)(2)(iii) of this
clause, and executed in accordance with subparagraph (d)(3) of this clause.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date the
Contracting Officer receives the claim (certified, if required); or (2) the date that payment
otherwise would be due, if that date is later, until the date of payment. With regard to claims
having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from
the date that the Contracting Officer initially receives the claim. Simple interest on claims shall
be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is
applicable to the period during which the Contracting Officer receives the claim and then at the
rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency
of the claim.
(i) The Contractor shall proceed diligently with performance of this contract, pending final
resolution of any request for relief, claim, appeal, or action arising under the contract, and
comply with any decision of the Contracting Officer.
I.9 FAR 52.222-3 CONVICT LABOR (APR 1984) - As Modified by the Library of
The Contractor agrees not to employ any person undergoing sentence of imprisonment in
performing this contract.
I.10 FAR 52.232-25 PROMPT PAYMENTS (NOV 1994)--As Modified by the Library of
Notwithstanding any other payment clause in this contract, the Government will make invoice
payments and contract financing payments under the terms and conditions specified in this
clause. Payment shall be considered as being made on the day a check is dated or an electronic
fund transfer is made. All days referred to in this clause are calendar days, unless otherwise
I.11 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY. (JAN 1997)
(a) If the Government receives information that a contractor or a person has engaged in conduct
constituting a violation of subsection (a), (b), (c), or (d) of Section 27 of the Office of Federal
Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by section 4304 of the 1996
National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government
(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or
(2) Rescind the contract with respect to which--
(A) Exchanging the information covered by such subsections for anything of value; or
(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency
procurement contract; or
- (i) The Contractor or someone acting for the Contractor has been convicted for an offense where
the conduct constitutes a violation of subsection 27 (a) or (b) of the Act for the purpose of either--
- (ii) The head of the contracting activity has determined, based upon a preponderance of the
evidence, that the Contractor or someone acting for the Contractor has engaged in conduct
constituting an offense punishable under subsections 27(e)(1) of the Act.
(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is
entitled to recover, in addition to any penalty prescribed by law, the amount expended under the
(c) The rights and remedies of the Government specified herein are not exclusive, and are in
addition to any other rights and remedies provided by law, regulation, or under this contract.
Table of Contents for: