Special Terms and Conditions HPI Program HSCG23-17-C-APB011

Special Terms and Conditions HPI Program HSCG23-17-C-APB011

Rev 1, June 6, 2017

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TABLE OF CONTENTS

PRIME CONTRACT CLAUSES – HSCG23-17-C-APB011

The following clauses are flowed down from Buyer’s Prime Contract with the Government. The defined terms in the MILGEN terms (as listed on the face of Buyer’s purchase order issued to Seller) apply to this document. Some of the terms may not be consistently capitalized within this Contract. While every effort was made to keep the capitalization consistent for the terms, the inconsistent capitalization should not affect the meaning intended for the terms.

Section A – Solicitation/Contract Form – RFQ.

Section B – Supplies or Services and Prices – There are no flow-downs.

Section C – Description and Specifications – There are no flow-downs.

Section D - Packaging and Marking – There are no flow-downs.

Section E - Inspection and Acceptance

52.246-4 INSPECTION OF SERVICES - AUG 1996

Section F - Deliveries or Performance

52.242-15 STOP-WORK ORDER - AUG 1989

Section G - Contract Administration Data – There are no flow-downs.

Section H - Special Requirements – There are no flow-downs.

Section I - Contract Clauses

In interpreting the requirements of these clauses, “Contracting Officer” should be considered to be Buyer’s Procurement Representative and “Government” should be considered to be Buyer, unless the context indicates otherwise. Reasonable efforts have been used to convert the terminology used in the Government’s solicitation clauses to the terms used in NASSCO’s MILGEN terms; however, there may some instances where those conversions were not made for clauses were full text was not given. Accordingly, please apply the following term conversions. “Contractor” shall mean Seller. The terms “Government” or “Contracting Officer” do not change: (i) when a right, act authorization or obligation can be granted or performed only by the Government, (ii) when access to proprietary financial information or other proprietary data is required, (iii) when title to property or rights in technical data and/or computer software are to be transferred directly to Government, (iv) with regards to a disputes or changes clause, or (v) with regards to a clause permitting audit(s) of Seller. Some clauses are included in full text, and others of the FAR and HSAR are hereby incorporated into this Contract by reference as if given in full text, subject to the following definitions, and subject to the particular limitations and modifications indicated. The full text of FAR and HSAR clauses may be accessed electronically at the following internet websites:

https://www.acquisition.gov/far/
http://FARSITE.HILL.AF.MIL/Vfdfar1.htm

CLAUSES INCORPORATED BY REFERENCE (FEB 1998) (FAR 52.252-2)

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 available. Also, the full text of a clause may be accessed electronically at this/these address(s):
http://farsite.hill.af.mil/.

The following notes apply to the clauses incorporated by reference below.
Note 1 – Substitute “Buyer” for “the Government” or “the United States”.
Note 2 – Substitute “Buyer Procurement Representative” for “Contracting Officer”, “Administrative Contracting Officer”, and “ACO”.
Note 3 – Insert “and Buyer” after “Government”.
Note 4 – Insert “or Buyer”) after “Government.
Note 5 – Communication/notification required under this clause from/to the Seller and to/from the Contracting Officer shall be through Buyer.
Note 6 – Insert “and Buyer” after “Contracting Officer”.
Note 7 – Insert “or Buyer’s Procurement Representative” after “Contracting Officer”.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE NOTE DATE
52.203-3 GRATUITIES APR 1984
Note 3 applies in (c) and (d).
52.203-5 CONVENANT AGAINST CONTINGENT FEES MAY 2014
Note 3 applies in (a).
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT SEPT 2006
Applies if the Contract value exceeds $150,000.
52.203-7 ANTI-KICKBACK PROCEDURES MAY 2014
Clause applies if the Contract value exceeds $150,000 and Note 2 applies for (b)(4) when the Government exercises its rights and remedies against Buyer as a result of any kickback given by Seller.
52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY MAY 2014
Note 3 applies to (b) and (c).
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY 2014
Note 2 applies for (b) and Note 1 applies for (c) when the Government exercises its rights and remedies against Buyer as a result of any illegal or improper activity done by Seller.
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT 2010
Applies if the Contract value exceeds $150,000. Note 5 applies. Seller is to make disclosure to Buyer so that Buyer can fulfill the obligations under the Prime Contract.
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT OCT 2015
Applies if this Contract exceeds $5,500,000 and the period of performance is more than 120 days. Disclosures made under this clause shall be made directly to the Government entities identified in the clause. Clause does not apply to small businesses.
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS APR 2014
 
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POST CONSUMER FIBER CONTENT PAPER MAY 2011
Note 3 applies to (b).
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACTOR AWARDS OCT 2015
Applies if Seller meets the first tier subcontract thresholds specified in the clause. Seller is to send information to Buyer so that Buyer and fulfill its reporting obligations under this clause.
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016
 
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS JUN 2016
 
52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT OCT 2015
Applies if this Contract exceeds $35,000 and is not a subcontract for commercially available off the shelf items. Seller is to provide notices to Buyer so that Buyer can fulfill its reporting obligations under this clause. Note 5 applies.
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS JUL 2013
 
52.209-10 PROHIBITION OR CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV 2015
Note 3 applies
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS NOV 2016
 
52.217-5 EVALUATION OF OPTIONS JUL 1990
 
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS NOV 2016
The plan should be provided to Buyer.
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN NOV 2016
Applies if value of Contract equals or exceeds $700,000 except the clause does not apply if Seller is a small business concern. Seller is to provide its subcontracting plan to Buyer so that Buyer can incorporate it as part of Buyer’s own reporting obligations with respect to this clause. Note 5 applies.
52.219-9 ALT II SMALL BUSINESS SUBCONTRACTING PLAN OCT 2015
 
52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION JUL 2013
 
52.222-3 CONVICT LABOR JUN 2003
 

52.222-17

 

NONDISPLACEMENT OF QUALIFIED WORKERS

MAY 2014

 
52.222-19

CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES

OCT 2016
Note 2 applies for (c) and Note 2 for (d) when the Government exercises its rights and remedies against Buyer for Seller’s violations.
52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR 2015
 
52.222-26 EQUAL OPPORTUNITY SEP 2016
Applies to Contract with value of $10,000 or more. Note 7 applies to (c)(3) and (c)(5).
52.222-35 EQUAL OPPORTUNITY FOR VETERANS OCT 2015
Applies to Contract with value of $150,000 or more.
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES JUL 2014
Applies if Contract value equals or exceeds $15,000.
52.222-37 EMPLOYMENT REPORTS ON VETERANS FEB 2016
Applies if Contract value equals or exceeds $150,000. Seller is to provide its report to Buyer so that Buyer can incorporate it as part of Buyer’s own reporting obligations with respect to this clause. Note 5 applies.
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT DEC 2010
 
52.222-41 SERVICE CONTRACT LABOR STANDARDS MAY 2014
 
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES MAY 2014
 
52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-PRICE ADJUSTMENT MAY 2014
 
52.222-50 COMBATING TRAFFICKING IN PERSONS MAR 2015
Note 5 applies except in (e) where Note 4 applies.
52.222-53 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT LABOR STANDARDS TO CONTRACTS FOR CERTAIN SERVICES--REQUIREMENTS MAY 2014
 
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION OCT 2015
Applies if this Contract exceeds $3,500.
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 DEC 2015
 
52.222-60 PAYCHECK TRANSPARENCY (EXECUTIVE ORDER 13673) OCT 2016
 
52.223-6 DRUG-FREE WORKPLACE MAY 2001
Note 5 applies except Note 4 applies in (d).
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING AUG 2011
 
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008
 
52.225-26 CONTRACTORS PERFORMING PRIVATE SECURITY FUNCTIONS OUTSIDE THE UNITED STATES OCT 2016
 
52.226-6 PROMOTING EXCESS FOOD DONATION TO NONPROFIT ORGANIZATIONS MAY 2014
 
52.227-1 AUTHORIZATION AND CONSENT DEC 2007
Government and Contracting Officer remain unchanged.
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT DEC 2007
Applies if Contract value exceeds $150,000; Note 5 applies to (a) and (b).
 
52.227-14 RIGHTS IN DATA – GENERAL MAY 2014
 
52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013
 
52.232-9 LIMITATION ON WITHHOLDING PAYMENTS APR 1984
 
52.232-23 ASSIGNMENT OF CLAIMS MAY 2014
Note 2 applies for (c).
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013
 
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC 2013
This clause applies equally to Buyer and Seller with respect to accelerated payments to Seller (if Seller is a small business) and its small business subcontractors.
52.233-3 PROTEST AFTER AWARD AUG 1996
Note 2 applies except in (e) where Note 3 applies.
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004
 
52.242-13 BANKRUPTCY JUL 1995
Note 2 applies.
52.243-1-Alt I CHANGES—FIXED PRICE - ALTERNATE I AUG 1997
Note 2 applies.
52.243-7 NOTIFICATION OF CHANGES APR 1984
 
52.245-1 GOVERNMENT PROPERTY APR 2012
Note 5 applies.
52.247-64 PREFERENCE FOR PRIVATELY-OWNED U.S. FLAG COMMERCIAL VESSELS FEB 2006
 
52.253-1 COMPUTER GENERATED FORMS JAN 1991
 
3052.219-700 SMALL BUSINESS SUBCONTRACTING PLAN REPORTING JUN 2006