MODIFICATIONS TO GENERAL TERMS AND CONDITIONS B-1B PRIME CONTRACT F34601-99-C-0001
MD-1870-31 (15 JAN 99) NEW
GOVERNMENT CONTRACT REQUIREMENTS
If Form GP1 is applicable to this procurement, this Attachment constitutes the Government clauses contemplated by Article 29. If Form 70-C-33 (MD-1965-02) is applicable to this procurement, this Attachment constitutes the Government clauses contemplated by Article 30.
1. The following contract clauses are incorporated by reference from the Federal Acquisition Regulation and apply to the extent indicated. In all of the following clauses, "Contractor" and "Offeror" mean Seller. Unless otherwise provided, the clauses are those in effect as of the date of this contract.
52.203-6 Restrictions on Subcontractor Sales to the Government. This clause applies only if this contract exceeds $100,000.
52.203-7 Anti-Kickback Procedures (excluding subparagraph (c)(1)). Buyer may withhold sums owed Seller the amount of any kickback paid by Seller or its subcontractors at any tier if (a) the Contracting Officer so directs, or (b) the Contracting Officer has offset the amount of such kickback against money owed Buyer under the prime contract. This clause applies only if this contract exceeds $100,000.
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. This clause applies to this contract if the Seller, its employees, officers, directors or agents participated personally and substantially in any part of the preparation of a proposal for this contract. The Seller shall indemnify Buyer for any and all losses suffered by the Buyer due to violations of the Act (as set forth in this clause) by Seller or its subcontractors at any tier.
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. This clause applies only if this contract exceeds the simplified acquisition threshold. If the Government reduces Buyer’s price or fee for violations of the Act by Seller or its subcontractors at any tier, Buyer may withhold from sums owed Seller the amount of the reduction.
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. This clause applies only if this Contract exceeds $100,000.
52.204-2 Security Requirements. "Changes clause" means the changes clause of this contract. This clause applies only if access to classified material is required.
52.211-5 New Material. Any notice will be given to Buyer rather than the Contracting Officer.
52.211-15 Defense Priority and Allocation Requirements. This clause is applicable if a priority rating is noted in this contract.
52.215-2 Audit and Records - Negotiation. This clause applies only if this contract exceeds the simplified acquisition threshold.
52.215-14 Integrity of Unit Prices (excluding subparagraph (b)). This clause applies except for contracts at or below the simplified acquisition threshold (as defined in FAR Part 2; construction or architect-engineer services under FAR Part 36; utility services under FAR Part 41; services where supplies are not required; commercial items; and petroleum products.
52.215-15 Termination of Defined Benefit Pension Plans. This Clause applies to this contract if it meets the requirements of FAR 15.408(g).
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits Other Than Pensions (PRB). This Clause applies to this contract if it meets the requirements of FAR 15.408(j).
52.215-19 Notification of Ownership Changes. This Clause applies to this contract if it meets the requirements of FAR 15.408(k).
52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data - Modifications. The term "Contracting Officer" shall mean Buyer's Purchasing Representative.
52.219-8 Utilization of Small, Small Disadvantaged and Woman-Owned Small Business Concerns.
*52.219-9 Small, Small Disadvantaged and Woman-Owned Small Business Subcontracting Plan. In paragraph (c), "Contracting Officer" means Buyer. This clause applies only if this contract exceeds $500,000. and Seller is not a small business concern.
52.222-1 Notice to Government of Labor Disputes. "Contracting Officer" means Buyer.
52.222-20 Walsh-Healy Public Contracts Act. This clause applies only if this contract exceeds $10,000.
52.222-26 Equal Opportunity (subparagraph (b)(1) through (11)).
52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans. This clause applies only if this contract exceeds $10,000.
52.222-36 Affirmative Action for Handicapped Workers. This clause applies only if this contract exceeds $2,500.
52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Viet Nam Era. This clause applies only if this contract exceeds $10,000.
52.223-2 Clean Air and Water. This clause applies only if this contract exceeds $100,000.
52.225-10 Duty-free Entry. This clause applies only if this contract identifies supplies to be afforded duty-free entry or if foreign supplies in excess of $10,000 may be imported into the customs territory of the United States.
52.225-11 Restrictions on Certain Foreign Purchases.
52.227-1 and Alternate I, Authorization and Consent.
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. A copy of each notice sent to the Government will be sent to Buyer. This clause applies only if this contract exceeds the simplified acquisition threshold.
52.227-10 Filing of Patent Applications — Classified Subject Matter.
52-228-5 Insurance - Work on a Government Installation. Seller shall provide and maintain minimum kinds and amounts of insurance as set forth FAR 28.307-2.
52.242-15 Stop Work Order. The terms "Contracting Officer" and "Government" mean Buyer.
52-244-6 Subcontracts for Commercial Items and Commercial Components.
52.245-2 Government Property.
52.248-1 Value Engineering (excluding subparagraph (f)). The term "Contracting Officer" means Buyer. This clause applies only if this contract is for $100,000 or more. If Value Engineering Change Proposal is accepted by the Government, Seller's share will be 50% of the instant, concurrent and future contract net acquisition savings and collateral savings that Buyer receives from the Government. Seller's negotiated share of the net acquisition savings and collateral savings shall not reduce the Government's share of concurrent or future savings or collateral savings. Buyer's payments to Seller under this clause are conditioned upon Buyer's receipt of authorization for such payments from the Government.
2. DoD Contracts. If this Contract is placed under a Department of Defense Contract, the following contract clauses are incorporated by reference from the Department of Defense Federal Acquisition Regulation Supplement and apply to the extent indicated. In all of the following clauses, "Contractor" and "Offeror" mean Seller except as otherwise noted. Unless otherwise provided, the clauses are those in effect as of the date of this contract.
252.203-7001 Special Prohibition on Employment (excluding paragraph (g)). This clause applies only if this contract exceeds the FAR Part 13 simplified acquisition threshold and does not apply to the purchase of commercial items or commercial components.
252.209-7000 Acquisition From Subcontractors Subject to On-site Inspection Under the Intermediate-Range Nuclear Forces Treaty. This clause applies only if this contract exceeds the FAR Part 13 simplified acquisition threshold and does not apply to the purchase of commercial items or commercial components.
252-222-7000 Restrictions on Employment of Personnel.
252-223-7006 Prohibition on Storage and Disposal of Toxic and Hazardous Materials. This clause applies to this contract if it requires, may require, or permits Seller to treat or dispose of non-DoD-owned toxic or hazardous materials as defined in this clause.
252.225-7001 Buy American Act and Balance of Payment Program.
252.225-7009 Duty-free Entry — Qualifying Country End Products and Supplies.
252.225-7010 Duty-free Entry — Additional Provisions. This clause applies in addition to FAR 52.225-10. Additional information referenced in this clause is available on request.
252.225-7014 Preference for Domestic Specialty Metals (MAR 1998 Version).
252.225-7025 Foreign Source Restrictions.
252.225-7026 Reporting of Contract Performance Outside the United States. This clause applies only if this contract exceeds $500,000.
252.227-7013 Rights in Technical Data - Noncommercial Items (NOV 1995 Version). This clause applies only if the delivery of data is required for noncommercial items under this contract.
252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (JUN 1995 Version). This clause applies only if the delivery of noncommercial computer software or noncommercial computer documentation may be originated, developed or delivered under this contract.
252.227-7016 Rights in Bid or Proposal Information (JUN 1995 Version).
252.227-7019 Validation of Asserted Restrictions - Computer Software (Jun 1995 Version). This clause applies only if computer software may be originated, developed, or delivered under this contract.
252.227-7030 Technical Data — Withholding of Payment (OCT 1988 Version). "Government" and "Contracting Officer" mean Buyer. This clause applies only if the delivery of data is required by this contract.
252.227-7036 Certification of Technical Data Conformity (JAN 1997 Version). This clause applies only if the delivery of data is required by this contract.
252.227-7037 Validation of Restrictive Markings on Technical Data (NOV 1995 Version). This clause applies only if the delivery of data is required by this contract.
252.245-7001 Reports of Government Property.
252.247-7023 Transportation of Supplies by Sea. This clause applies only if this contract exceeds the Simplified Acquisition Threshold in FAR Part 13.
252.247-7024 Notification of Transportation of Supplies by Sea. "Contracting Officer" and, in the first sentence of paragraph (a), "Contractor" mean Buyer. This clause does not apply to the procurement of commercial items or commercial components.
252.251-7000 Ordering From Government Supply Sources. Any request for approval to use a Government supply source pursuant to this clause must be submitted to the Buyer's Authorized Purchasing Representative.
3. If goods or services being procured under this contract are for commercial items and Clause 1086 is set forth in the purchase order, the foregoing Government clauses are deleted and the following FAR and DFARS clauses are inserted in lieu thereof:
52.222-26 Equal Opportunity (subparagraph (b)(1) through (11)).
52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans. This clause applies only if this contract exceeds $10,000.
52.222-36 Affirmative Action for Handicapped Workers. This clause applies only if this contract exceeds $2,500.
4. The following prime contract special provisions apply to this purchase order:
A. SAFETY AND ACCIDENT PREVENTION
In performing work under this Contract on a Government installation, Seller shall (a) conform to the specific safety requirements contained in the Contract, and (b) for those related activities not directly addressed by this Contract, conform to the applicable safety rules prescribed by the Government installation, and (c) take such additional precautions as Buyer or the Contracting Officer under Buyer’s Government contract may reasonably require for safety and accident prevention purposes. Any violation of such rules and requirements, unless promptly corrected as directed by Buyer or the Contracting Officer, shall be grounds for termination of this Contract in accordance with the default provisions hereof. Buyer may, by written order, direct additional safety and accident standards as may be required under Buyer’s Government contract and any adjustments resulting from such direction will be in accordance with the provisions of this Contract entitled "Changes."
B. FOREIGN MILITARY SALES
The Seller certifies that the price of this Contract does not include any direct or indirect costs of sales commissions or fees for Seller’s sales representatives involved in Foreign Military Sales.
C. FOREIGN OBJECT DAMAGE/CONTROL
Seller shall establish and maintain systems and procedures necessary to provide a program of foreign object damage/control.
D. BASE SUPPORT
If this is a cost, cost-reimbursement, time-and-materials, or labor-hour contract, the Seller agrees that no direct or indirect costs for property will be incurred if the Government determines that property is available at, or through any Air Force installation where this contract shall be performed. Only prior written approval of the Contracting Officer can relieve the Seller from this restriction. Any such request for relief shall be submitted through Buyer's Authorized Purchasing Representative.
E. SUBCONTRACTOR COSTS
a. The Seller shall obtain the approval of the Buyer's Authorized Purchasing Representative prior to any travel expenses being incurred under this contract.
b. The cost of services required from a subcontractor of the Seller to complete an engineering assignment will be billed as material. The Seller shall identify material with a unit price over $500 prior to purchase. This identification shall be made to the Buyer's Authorized Purchasing Representative and the Buyer's concurrence is required prior to any such purchase.
Direct Parts and Material is defined as follows:
"Direct parts and materials" are those parts or materials purchased, supplied, manufactured, or fabricated by the Seller for the sole purpose of incorporating them into or making them a part of the end products or components thereof covered by this contract. In addition, cleaning, brightening, and polishing components having direct application to the end products or components thereof covered by this contract and purchased for the sole purpose of being used or consumed thereon shall be considered direct materials. "Direct parts and materials" shall not include parts or materials such as, but not limited to, office stationery and supplies, utilities, gloves, wiping rags, cotton or wool waste, hacksaw blades, lathe tool bits, drill bits, files, masking tape and other similar items. "Direct parts and materials" include all materials necessary for any required preservation, packaging, packing, marking, age control, interior blocking and bracing, and repair and/or modification of exterior shipping containers (including buying new shipping containers) as approved by the Administrative Contracting Officer (ACO) provided that the cost of such materials is otherwise covered in the indirect rates used in determining the fixed prices under this contract.