Part II - Contract Clauses
Section I - Contract Clauses
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(es):
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)
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NUMBER |
TITLE (DATE) |
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52.202-1 |
DEFINITIONS (JUL 2004) |
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52.203-3 |
GRATUITIES (APR 1984) |
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52.203-5 |
COVENANT AGAINST CONTINGENT FEES (APR 1984) |
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52.203-6 |
RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995) |
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52.203-7 |
ANTI-KICKBACK PROCEDURES (JUL 1995) |
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52.203-8 |
CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) |
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52.203-10 |
PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) |
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52.203-12 |
LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2003) |
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52.204-4 |
PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000) |
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52.204-7 |
CENTRAL CONTRACTOR REGISTRATION (OCT 2003) |
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52.209-6 |
PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) |
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52.211-5 |
MATERIAL REQUIREMENTS (AUG 2000) |
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52.211-15 |
DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (SEP 1990) |
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52.215-2 |
AUDIT AND RECORDS - NEGOTIATION (JUN 1999) |
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52.215-8 |
ORDER OF PRECEDENCE – UNIFORM CONTRACT FORMAT (OCT 1997) |
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52.215-11 |
PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA - MODIFICATIONS (OCT 1997) |
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52.215-13 |
SUBCONTRACTOR COST OR PRICING DATA - MODIFICATIONS (OCT 1997) |
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52.215-14 |
INTEGRITY OF UNIT PRICES (OCT 1997) |
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52.216-7 |
ALLOWABLE COST AND PAYMENT (DEC 2002) First Fill-in: "30th" |
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52.216-8 |
FIXED FEE (MAR 1997) (CLIN x008) |
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ORDERING (OCT 1995) Fill-in: “such orders may be issued from 21 JUN 2006 through a period of five years, and up to 3 additional years if all options are exercised.” |
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ORDER LIMITATIONS (OCT 1995) Fist Fill-in: “$1,000” Second Fill-in: “45 RB-M and associated supplies and services” Third Fill-in: “45 RB-M and associated supplies and services” Fourth Fill-in: “30 days” Fifth Fill-in: “30 days” |
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INDEFINITE QUANTITY (OCT 1995) First Fill-in: 21 JUN 2016 |
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OPTION TO EXTEND SERVICES (Nov 1999) First Fill-in: “five (5) days” |
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OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) First Fill-in: “1 Day” Second Fill-in: “60 Days” Third Fill-in: “8 Years” |
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52.219-8 |
UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004 ) |
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52.219-9 |
SMALL BUSINESS SUBCONTRACTING
PLAN (JAN 2002) |
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52.219-16 |
LIQUIDATED DAMAGES – SUBCONTRACTING PLAN (JAN 1999) |
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NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS (JUN 2003) First Fill-in: "10" |
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52.222-19 |
CHILD LABOR—COOPERATION WITH AUTHORITIES AND REMEDIES (JUNE 2004) |
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52.222-20 |
WALSH-HEALEY PUBLIC CONTRACTS ACT (DEC 1996) |
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52.222-21 |
PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) |
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52.222-26 |
EQUAL OPPORTUNITY (APR 2002) |
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52.222-35 |
EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001) |
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52.222-36 |
AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) |
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52.222-37 |
EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001) |
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52.223-3 |
HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997), Alternate I (July 1995) First Fill-in: “Provided in accordance with Section 077 of the Statement of Work and the Contract Data Requirements List (CDRLs).” |
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52.223-5 |
POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003) |
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52.223-6 |
DRUG FREE WORKPLACE (MAY 2001) |
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52.223-11 |
OZONE-DEPLETING SUBSTANCES (MAY 2001) |
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52.223-14 |
TOXIC CHEMICAL RELEASE REPORTING (AUG 2003) |
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52.225-1 |
BUY AMERICAN ACT - SUPPLIES (JUN 2003) (Note: Applicability, if any, limited by 14 USC 665.) |
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52.225-13 |
RESTRICTION ON CERTAIN FOREIGN PURCHASES (JAN 2004) |
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52.227-1 |
AUTHORIZATION AND CONSENT (JUL 1995) |
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52.227-2 |
NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (AUG 1996) |
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52.227-3 |
PATENT INDEMNITY (APR 1984) ALTERNATE II (APR 1984) Fill-in: The RB-M System |
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52.227-13 |
PATENT RIGHTS – ACQUISITION BY THE GOVERNMENT (JAN 1997) |
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52.227-14 |
RIGHTS IN DATA - GENERAL (JUN 1987) ALTERNATE II (JUN 1987). First fill-in: HSCG23-06-D-ARB001 Second fill-in: "The operation, maintenance, diagnosis, and repair of the RB-M System by the Coast Guard and support service contractors. The development of operations, maintenance, diagnosis, and repair documentation (traditional and electronic) in support of the RB-M System by the Coast Guard and support service contractors. The training of operators, maintainers, diagnosticians, and repairers of the RB-M System by the Coast Guard and support service contractors. The development of training materials (traditional and electronic) in support of the RB-M System by the Coast Guard and support service contractors." ALTERNATE III (JUN 1987). First fill-in: HSCG23-06-D-ARB001 ALTERNATE IV (JUN 1987) ALTERNATE V (JUN 1987) |
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52.227-16 |
ADDITIONAL DATA REQUIREMENTS (JUN 1987) |
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52.227-19 |
COMMERCIAL COMPUTER SOFTWARE - RESTRICTED RIGHTS (JUN 1987) First fill-in: HSCG23-06-D-ARB001 |
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52.227-21 |
TECHNICAL DATA DECLARATION, REVISION, AND WITHHOLDING OF PAYMENT - MAJOR SYSTEMS (JAN 1997) First fill-in: Marinette Marine Corporation Second fill-in: HSCG23-06-D-ARB001 |
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52.227-23 |
RIGHTS TO PROPOSAL DATA (TECHNICAL) (JUN 1987) First Fill-in: All Second Fill-in: 26 July 2005 and 16 August 2005, and revised on 25 April 2006 |
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52.228-5 |
INSURANCE – WORK ON A GOVERNMENT INSTALLATION (JAN 1997) |
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52.229-3 |
FEDERAL, STATE, AND LOCAL TAXES (APR 2003) |
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52.230-2 |
COST ACCOUNTING STANDARDS (APR 1998) |
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52.230-6 |
ADMINISTRATION OF COST ACCOUNTING STANDARDS (NOV 1999) |
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52.232-1 |
PAYMENTS (APR 1984) |
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52.232-7 |
PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS (DEC 2002) (CLINs x006, x007) First Fill-in: 30th ALTERNATE I (MAR 2000) |
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52.232-8 |
DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) |
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52.232-9 |
LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984) |
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52.232-11 |
EXTRAS (APR 1984) |
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52.232-17 |
INTEREST (JUN 1996) |
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52.232-22 |
LIMITATION OF FUNDS (Apr 1984) (CLINs x006, x007, and x008, where x equals pricing period) The 60-day period is changed to 30 days and the 75 percent is changed to 85 percent. "Task Order" is substituted for "Schedule". |
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52.232-23 |
ASSIGNMENT OF CLAIMS (JAN 1986) |
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52.232-25 |
PROMPT PAYMENT (OCT 2003) |
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52.232-33 |
PAYMENT BY ELECTRONIC FUNDS TRANSFER-CENTRAL CONTRACTOR REGISTRATION (OCT 2003) |
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52.233-1 |
DISPUTES (JUL 2002) ALTERNATE I (DEC 1991) |
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52.233-3 |
PROTEST AFTER AWARD (AUG 1996) |
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52.242-13 |
BANKRUPTCY (JUL 1995) |
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52.243-1 |
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52.243-3 |
CHANGES—TIME-AND-MATERIALS OR LABOR-HOURS (SEPT 2000) |
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52.243-6 |
CHANGE ORDER ACCOUNTING (APR 1984) |
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52.243-7 |
NOTIFICATION OF CHANGES (APR 1984) First Fill-in: "30 days or as negotiated with the Contracting Officer" Second Fill-in: “30 days or as negotiated with the Contracting Officer” |
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52.244-6 |
SUBCONTRACTS FOR COMMERCIAL ITEMS (JULY 2004) |
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52.245-4 |
GOVERNMENT FURNISHED PROPERTY (SHORT FORM) (JUN 2003) |
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52.245-17 |
SPECIAL TOOLING (MAY 2004) |
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52.245-18 |
SPECIAL TEST EQUIPMENT (FEB 1993) |
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52.246-24 |
LIMITATION OF LIABILITY – HIGH-VALUE ITEMS (FEB 1997), Alternate I (Apr 1984) This clause applies to the Response Boat – Medium. |
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52.246-25 |
LIMITATION OF LIABILITY – SERVICES (FEB 1997) |
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52.247-64 |
PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG COMMERCIAL VESSELS (APR 2003) |
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TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) |
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52.249-4 |
TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (SERVICES) (SHORT FORM) (APR 1984) |
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52.249-6 |
TERMINATION (COST-REIMBURSEMENT) (MAY 2004) for CLINs x008 with ALTERNATE IV (SEPT 1996) for CLINs x006, x007, 2009 and 3009 |
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52.249-8 |
DEFAULT (FIXED PRICE SUPPLY AND SERVICE) (APR 1984) |
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52.249-14 |
EXCUSABLE DELAYS (APR 1984) for CLINs x006, x007, x008, 2009 and 3009 |
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52.253-1 |
COMPUTER GENERATED FORMS (JAN 1991) |
HOMELAND SECURITY ACQUISITION REGULATION (48CFR CHAPTER 30)
http://www.dhs.gov/interweb/assetlibrary/DHS-HSAM-Notice_thru_05-02.pdf
http://www.uscg.mil/hq/cg-85/COCO%20Alerts/FY%2005/05-08%20attachment%20HSAR.pdf
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NUMBER |
TITLE (DATE) |
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ORGANIZATIONAL CONFLICT OF INTEREST (JUL 2004) (DEVIATION) |
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3052.211-70 |
INDEX FOR SPECIFICATIONS (DEC 2003) |
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3052.215-70 |
KEY PERSONNEL OR FACILITIES. (DEC 2003) Fill-in:
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3052.219-70 |
SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING REPORTING (DEC 2003) |
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3052.222-70 |
STRIKES OR PICKETING AFFECTING TIMELY COMPLETION OF THE CONTRACT WORK (DEC 2003) |
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3052.223-90 |
ACCIDENT AND FIRE REPORTING (DEC 2003) |
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3052.228.70 |
INSURANCE (DEC 2003) |
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QUALIFICATIONS OF CONTRACTOR EMPLOYEES AND INFORMATION TECHNOLOGY SYSTEM ACCESS FOR CONTRACTORS (NOV 2004) (DEVIATION) |
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3052.242-71 |
DISSEMINATION OF CONTRACT INFORMATION (DEC 2003) |
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3052.242-72 |
CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (DEC 2003) |
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3052.245-70 |
GOVERNMENT PROPERTY REPORTS (DEC 2003) |
(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract’s description of the basis for payment.
(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor’s request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.
(c) Approval and payment of requests.
(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.
(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 21ST day after receipt of the request for performance-based payment. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.
(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.
(d) Liquidation of performance-based payments.
(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.
(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.
(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:
(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).
(2) Performance of this contract is endangered by the Contractor’s—
(i) Failure to make progress; or
(ii) Unsatisfactory financial condition.
(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.
(f) Title.
(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.
(2) “Property,” as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:
(i) Parts, materials, inventories, and work in process;
(ii) Special tooling and special test equipment to which the Government is to acquire title under any other clause of this contract;
(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (f)(2)(ii) of this clause; and
(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.
(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination or special tooling clauses) shall determine the handling and disposition of the property.
(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer’s approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.
(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer’s advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.
(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not—
(i) Delivered to, and accepted by, the Government under this contract; or
(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.
(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.
(g) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is damaged, lost, stolen, or destroyed, the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.
(h) Records and controls. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor’s records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.
(i) Reports and Government access. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable opportunity to examine and verify the Contractor’s records and to examine and verify the Contractor’s performance of this contract for administration of this clause.