HomeMy WebLinkAboutResolution - 4024 - Lease Agreement - FAA - 4,745 Sq Ft Office Space OTB, LIA - 11_19_1992Resolution No. 4024
November 19, 1992
Item #12
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Lease
Agreement by and between the City of Lubbock and the United States
Department of Transportation, Federal Aviation Administration for facilities
sector district office for the leasing of office space, which Agreement is
attached herewith, which shall be spread upon the minutes of the Council and
as spread upon the minutes of this Council shall constitute and be a part of
this Resolution as if fully,evi-e44_erein in detail.
Passed by the City Council
ATTEST:
Sally Stiql Abbe, Acting City
Secretary
APP OVED AS TO CONTENT:
Bern E. Case, Director of Aviation
APPROVEP AS TO F
Anthony Williams, Assistant City
Attorne
AJW:dw/Agenda-D2/FAAdm.Rea
November 2, 1992
STARDARD FORME "
FE®RUARYINS EDITIQN U.S. GOVERNMENT
GENERAL SERVICES
ADMINISTRATION LEASE FOR REAL 'PROPERTY
FPR (41 CFR) 1-16.661
DATE OF LFJISE I LEASE NO. DTFA07-93-L-01074
THIS LEASE, made and entered into this date by and between City of Lubbock
.i.
whose address is Lubbock International Airport
Route 3, Box 389`
Lubbock, Texas 79401
and whose interest in the property hereinafter described is that of Owner
hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government:
WITNESSETH: The parties hereto for.the considerations hereinafter mentioned, covenant and agree as follows:
1. The Lessor hereby leases to the Government the following described premises:
Approximately 4,745 square feet of net,usable office space in,the old
terminal building at Lubbock International Airport, Lubbock, Texas.
Office space is more particularly stated in Article 9 hereof and shown
on Exhibit "A". attached hereto and by this reference made a part'of this
lease.
to be used for Federal Aviation Administration, Flight Standards District,Office
2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on
October 1, 1992 through SeQtember 30, 1993,___.._... subject to termination
and renewal rights as may be hereinafter set forth.
44,605.00
3. The Government shall pay the Lessor annual rent of$...............................................................................
at the rate of $ ------ 3, 717.08 MONTH
............................................ per ..........-----------....__......._......................._...._._. in arrears.
Rent for a lesser period shall be prorated. Rent checks shall be made payable to: City of Lubbock, ' Texas
to the Lessot and no rental shall accrue after the effective date of termination. Said notice shall be compuie umenc-
ing with the day after the date of mailing.
i. This lease may be renewed at the option of the Government, for the foiltg terms and at the following rentals:
provided notice be n in writing to the Lessor at least ..................... days before the end of the original lease term
or any r al term; all other terms and conditions of this lease shall remain the same during any renewal term.
2-106
7. The following are attached and made a part hereof:
a. Lease Provisions (Articles 9 through 21)
b. General Provisions (Articles 1 through `,29)
c.. Corporate Certificate
d. Exhibit I'A".,
S. The lfollowtng changes were made, in this lease prior to its execution:
Standard Form 2, Articles 4 and 5 were deleted in their entirety;
irrelevant,,wording in,,Article 7 was,deleted,,and Article 20 of the
General Provisions was deleted in its,entirety..
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above
writ
LESSOR
ty of Lu ock, Tex
i
B---------- -------- ------ -----------------------------------------------
David E .Lange " Pd�or ti lsignarurel-
IN PRESENCE OF: . -.._ ... ..
------------------------------------------------------------------ --------------------------------------------------------------
(Signature) (Address)
UNITED ES 06 AMERI
sY------- _ )amid-Hausp-r------------------------- — ------ =--- ------ Chntraatin •-D£f icar----------------------
(Signature) (tTfJicia) fill&)
STANDARD FORM 2 * U.S. GOVERNMENT PRIN""%IG OFFICE : 1983 O - 421-526 (9143)
-FEBRUARY 1965 EDITION ��
Lease No. DTFA07-93-L-01074
Flight Standards District Office
Lubbock, Texas
9. SPACE OCCUPANCY SCHEDULE:
Room No. Designated Use
Vestibule
Reception Area
100
Clerical Area
101
Automation Specialist
102
Principal Operations Inspector
103
Adminstrative Officer
104
Accident Prevention Program Manager Storage
105
Accident Prevention Program Manager
106
Principal Operations Inspector
107
Principal Operations Inspector
108
Principal Operations Inspector
110
Telco
110A
Breakroom
112
Principal Operations Inspector
113
Flight Standards District Office Manager
114
Operations Unit Supervisor
115
Conference Room
116
Air Worthiness Unit Supervisor
117
Principal Maintenance Inspector
119
Principal Maintenance Inspector
120
Principal Maintenance Inspector
121
Principal Avionics Inspector
122
Micro
123
Principal Maintenance Inspector
124
Supply
Restrooms/Halls/Closets
Conference
Room (SFO area)
Total
Square Feet
156*
345
1,153
114
115
113
207
131
132
109
110
96
266
118
262
148
123
203
109
110
ill
134
73
109
354
1,010*
400*
6,311
The rental rate set forth in Article 3 is calculated based on net usable
space, and above space identified with an asterisks (*) is excluded.
The rental rate is as follows:
Bare Rental for 4,745 net usable square feet
@$6.60/square foot/year.......................$31,317.00
Services (See Article 6) for 4,745 square
feet @$2.80/square foot/year ..................$13,288.00
ANNUAL TOTAL................$44,605.00
MONTHLY RATE ................$ 3,717.08
2
Lease No. DTFA07-93-L-01074
Flight Standards District Office
Lubbock, Texas
10. RENEWAL OPTION:
This lease may, at the option of the Government, be renewed from year to
year at an annual rental of $44,605.00 payable in the amount of $3,717.08 per
month in arrears; and otherwise upon the terms and conditions herein
specified. The Government's option shall be deemed exercised and the lease
renewed each year for one (1) year unless the Government gives thirty (30)
days' notice that it will not exercise its option, before this lease or any
renewal thereof expires; PROVIDED, that no renewal thereof shall extend the
period of occupancy of the premises beyond the 30th day of September 1997, AND
PROVIDED FURTHER, that adequate appropriations are available from year to year
for the payment of rentals.
11. OCCUPANCY OF SPACE BEYOND THIS LEASE TERM:
The Government shall have the option to make a new lease for all or any
part of the demised premises at the end of the initial renewal terms at a bare
space rental rate to be negotiated at that time, based upon the fact that the
modification will have been completely paid for by lease rentals. Said rate
would include the stipulation that all building structural and equipment
maintenance pertaining hereto shall be performed by the Lessor.
12. OPERATING COSTS:
a. Beginning with the second calendar year of the lease and each year
after, the Government may pay adjusted rent for changes in the costs of
utilities and janitorial services attributable to the Government's occupancy.
These costs will be based on the ratio of square feet occupied by the
Government to the total rentable square feet in the building. The costs may
be renegotiated upon written notice by the Lessor to the Government within
sixty (60) days after the end of the first calendar year.
b. The amount of adjustment will be determined using a certified
statement of operating costs which must be furnished by the Lessor to
substantiate increase requested. Upon approval of request by the Contracting
Officer, both parties will enter into a supplemental agreement to the lease
changing only that portion of the rent designated operating cost as shown
below.
(1) Utilities: The base rate for the first calendar year will be $2.80
per square foot per annum.
c. In the event of any decreases in operating cost during the term of
the Government's occupancy under the lease, the rental amount will be reduced
accordingly. The amount of such reductions will be determined in the same
manner as increases in rent provided under this article.
3
Lease No. DTFA07-93-L-01074
Flight Standards District Office
Lubbock, Texas
13. CANCELLATION:
The Government shall have the right and privilege to cancel this lease,
wholly or partially, at any time during the term of this lease or during the
term of any renewal thereof upon giving the Lessor thirty (30) days' notice in
writing, such notice to be computed from the date of the postmark on the
envelope in which such cancellation notice is mailed, and no rentals shall
accrue after that date; EXCEPT, That portion of the lease pertaining to
janitorial and utilities services, which may be canceled by either party upon
thirty (30) days' written notice as defined above, and the monetary
consideration of this lease adjusted therefor.
14. NON -RESTORATION:
The Government shall have no obligation to restore and/or rehabilitate,
either wholly or partially, the property which is the subject matter of this
lease. It is further agreed that the Government may abandon in place any or
all of the structures and equipment installed in or located upon said property
by the Government during its tenure. Notice of abandonment will be conveyed
to the Lessor in writing.
15. INTERIOR PAINTING LEASED PREMISES:
The Lessor shall repaint the interior of the leased premises not less
than once every 5 years of Government occupancy under this lease or any
renewal thereof. All painting shall be accomplished by the Lessor using.a
washable paint of the Lessor's choice.
16. REPAIR AND_REPLA_C_EMENT OF WINDOW COVERS:
The Lessor agrees to repair or replace existing blinds, shades, and
drapes as may be required and resulting from fair wear and tear during the
Government's occupancy of the leased premises.
17. CARPET:
(1) When carpet is newly installed or changed, the Lessor shall provide
the Government a minimum of five (5) color samples. The sample and color must
be approved by FAA prior to installation.
(2) New carpet must meet the following static build up and flammability
requirements:
(a) Static build up: 3.5 KV maximum with built-in static
dissipation is recommended. "Static -controlled" is acceptable.
Lease No. DTFA07-93-L-01074
Flight Standards District Office
Lubbock, Texas
(b) Flammability: Carpet in unsprinklered corridors and exits
shall have a critical radiant flux of 0.22 or greater (NFPA Standard No. 253).
All carpet not in corridors shall pass Consumer Products Safety Commission
(FFL-70 (pill test).
(c) Carpet shall be replaced at any time during Government
occupancy when:
(1) Backing or underlayment is exposed.
(2) There are noticeable variations in surface color or
texture.
18. INTERFERENCE WITH THE GOVERNMENT'S OPERATIONS:
The Lessor shall, upon notice by the Government, immediately cease any
operation or alleviate any physical confrontation that has or may cause
interference with the Government's facility.
19. PARKING:
The Lessor shall provide, without costs, parking adjacent or proximate
to the leased premises, adequate parking spaces for private vehicle of
Government employees working at the leased premises and three designated
covered parking spaces for Government vehicles.
20. CONTRACTOR ACCESS:
The Government hereby grants to the Lessor a revocable permit to enter
the service location for any purpose under the contract for the installation,
operation and maintenance of the facilities of the Lessor. Authorized
representatives of the Lessor will be allowed access to the facilities of the
Lessor at suitable times to perform the obligations of the Lessor with respect
to such facilities. It is expressly understood, however, that proper
Government authority may limit or restrict the right of access herein granted
in any manner considered by such authority to be necessary for the national
security.
21. UTILITIES AND SERVICES:
The Lessor shall furnish as part of the monetary consideration the
following services and utilities including toilet rooms provided through the
Lessor's owned and maintained facilities.
a. Water: Fresh and potable chilled water through the Lessor's owned
and maintained drinking fountain available to the premises occupied by the
5
Lease No. DTFA07-93-L-01074
Flight Standards District Office
Lubbock, Texas
Government. Potable hot and cold water shall be furnished for use by the
Government in the Lessor's owned and maintained male and female toilet
facilities available to the leased premises.
b. Sewage: Plumbing and sewage system adequate to provide waste
disposal for the Lessor's owned and maintained toilet facilities and for waste
drains within the leased premises.
C. Electricity: Electricity used for lighting or for powering equipment
used by the Government; replacement of fluorescent light tubes, ballasts, and
starters as required. The Lessor shall dispose of used or replaced
fluorescent light tubes in a safe manner.
d. Waste Disposal: The Lessor shall dispose of all paper or trash
collected and removed from the leased premises.
e. Heating. Air -Conditioning, and Mechanical Ventilation: Heating, air-
conditioning, and ventilation systems which are capable of maintaining inside
temperatures in the range from a low of 70 degrees F. during the heating
season to a high of 78 degrees F. at all other times, throughout the occupied
premises, regardless of outside temperatures.
f. Energy Conservation Operating* Practices: The following operating
practices shall be followed whenever these settings will result in fuel
savings:
Heating Season: During the heating season, temperatures shall be 65 to
68 degrees F.
Air Conditioning Season: During the air-conditioning season,
temperatures shall be maintained from 78 to 80 degrees F.
At Other Times When Heat or Air -Conditioning is not Required: During
these times, temperatures shall be allowed to vary from 65 to 80 degrees F.
Areas having excessive heat gain or heat loss, or affected by solar radiation
at different times of the day, shall be independently controlled so that the
interior temperature conditions stipulated can be maintained. Temperatures in
the space will be maintained without drafts and air-conditioning equipment
noises.
0
ARPmved as ent
ern E. Case, A.A.E.
Director of Aviation
Lease No. DTFA07-93-L-01074
Flight Standards District Office
Lubbock International Airport
Lubbock, Texas
CORPORATE CERTIFICATE
I, Sally Still Abbe , certify that I am the Acting City
Secretary of the Corporation named in the foregoing agreement,
that David R. Langston who signed said agreement on behalf of,
said corporation, was then Mayor thereof,
that said agreement was duly signed for and in behalf of said
corporation by.authority of its governing body, and is within the
scope of its corporate powers.
Dated this 19th day of November , 19 92
Signed by SEW 6-
Sally StUll Abbe, Acting City Secretary
CORPORATE SEAL
GENERAL PROVISIONS
i
U.S. Government Lease for Real Property
GENERAL PROVISIONS
1. DEruv noNs
(a) The terms "contract" and "Contractor" shall mean "lease" and
"Lessor,*,' respectively.
(b) The abbreviations "FAR" and "CFR" mean "Federal Acquisition
Regulation" and "Code of Federal Regulations" respectively.
(c) The term "Lessor shall provide" means the Lessor shall furnish
and install.
2 SvsLErMG TIM PMDCM
The Government may sublet any part of the premises but shall not be
relieved from any obligations under this lease by reason of any such
subletting.
S. MearemAwi: OF Pitmasm
The Lessor shall maintain the demised premises, including the building
and all equipment, fixtures, and appurtenances furnished by the Lessor
under this lease in good repair and tenantable condition, except in case of
damage arising from the act or the negligence of the Government's agents
or employees. For the purpose of so maintaining said premises and
property.] the Lessor may at reasonable times, and with the approval of
the authorized Government representative in charge, enter and inspect
the same' and make any necessary repairs thereto.
4. DAmAr. a By Fate OR On= CASUALTY
If the said premises be destroyed by fine or other casualty, this lease will
immediately terminate. In case of partial destruction or damage, so as to
render the premises untenantable, as determined by the Government, the
Government may terminate the lease by giving written notice to the
Lessor within 15 calendar days thereafter, if so terminated, no rent will
accrue to 'the Lessor after such partial destruction or damage; and if not so
terminated, the rent will be reduced proportionately by supplemental
agreement hereto effective from the date of such partial destruction or
damage.
5. ALTERAnoNs
The Government shall have the right during the existence of this lease
to make Alterations, attach futures, and erect structures or signs in or
upon the premises hereby leased, which fixtures, additions, or structures
so placed'in, in, on, upon, or attached to the said premises shall be and
remain the property of the Government and may be removed or otherwise
disposed of by the Government. If the lease contemplates that the
Government is the sole occupant of the building, for purposes of this
clause, the leased premises include the land on which the building is sited
and the building itself. Otherwise, the Government shall have the right to
tie into or make any physical connection with any structure located on the
property 0 is reasonably necessary for appropriate utilization of the
leased apace.
6. COMMON REPORT
A joint �hysical survey and inspection report of the demised premises
will be made as of the effective date of this lease, reflecting the then
present conditions, and will be signed on behalf of the parties hereto.
i
7. CovwAl T AcAmsT CONTNGO-rr Fags
(a) The Contractor warrants that no person or agency has been
employed or retained to solicit or obtain this contract upon an agreement
or understanding for a contingent fee, except a bona fide employee or
agency. Foi breach or violation of this warranty, the Government shall
have the right to annul this contract without liability or, in its discretion,
to deduct from the contract price or consideration, or otherwise recover,
the full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an established
commercial or selling agency, maintained by a contractor for the purpose
of securing business, that 'neither exerts nor proposes to exert improper
influence to solicit or obtain Government contracts nor holds itself out as
being able to obtain any Government contract or contracts through
improper influence.
"Bona fide employee," as used in this clause, means a person,
employed by a contractor and subject to the contractor's supervision and
control as to time, place, and manner of performance, who neither exerts
nor proposes to exert improper influence to solicit or obtain Government
contracts nor holds out as being able to obtain any Government contract
or contracts through improper influence.
"Contingent fee," as used in this clause, means any commission,
percentage, brokerage, or other fee that is contingent upon the success
that a person or concern has in securing a Government contract.
"Improper influence," as used in this clause, means any influence
that induces or tends to induce a Government employee or officer to give
consideration or to act regarding a Government contract on any basis
other than the merits of the matter. (FAR 52.203-5) (APR 1984)
8. OFinaAw NOT To BEm mT
No member of or delegate to Congress, or resident commissioner, shall
be admitted to any share or part of this contract, or to any benefit arising
from it. However, this clause does not apply to this contract to the extent
that this contract is made with a corporation for the corporation's general
benefit. (FAR 52.203-1) (APR 1984)
9. A=GNxmT OF CLvus
(a) The Contractor, under the Assignment of Claims Act, as amended,
81 USC $727, 41 USC 15 (hereafter referred to as "the Act"), may assign
its rights to be paid amounts due or to become due as a result of the
performance of this contract to a bank, trust company, or other financing
institutions, including any Federal lending agency. The assignee under
such an assignment may thereafter further assign or reassign its right
under the original assignment to any type of financing institution
described in the preceding sentence.
(b) Any assignment or reassignment authorized under the Act and
this clause shall cover all unpaid amounts payable under this contract,
and shall not be made to more than one party, except that an assignment
or reassignment may be made to one party as agent or trustee for two or
more parties participating in the financing of this contract.
(c) The Contractor shall not furnish or disclose to any assignee under
this contract any classified document (including this contract) or
information related to work under this contract until the Contracting
Offioer authorizes such action in writing. (FAR 52.232-23) (JAN 1986)
10. GRervrr¢Es
(a) The right of the Contractor to proceed may be terminated by
written notice if, after notice and hearing, the agency head or designee
determines that the Contractor, its agent, or another representative —
(1) Offered or gave a gratuity (e g., an entertainment or gift) to an
officer, official, or employee of the Government;, and
(2) Intended, by the gratuity, to obtain a contract or favorable
treatment under a contract.
(b) The facts supporting this determination may be reviewed by any
court having lawful jurisdiction.
(REV. 5/92)
W If this contract is terminated under paragraph (a) above, the
Government is entitled —
(1) To pursue the same remedies as in a breach of the contract; and
(2) In addition to any other damages provided by law, to exemplary
damages of not less than 3 nor more than 10 times the cost incurred by
the Contractor in giving gratuities to the person concerned, as determined
by the agency head or a designee. (This subparagraph (02) is applicable
only if this contract uses money appropriated to the Department of
Defense.)
(d) The rights and remedies of the Government provided in this clause
shall not be exclusive and are in addition to any other rights and remedies
provided by law or under this contract. (FAR 52.203-3) (APR 1984)
11. ANn-Kics$Acx PROCEDURES
(a) Definitions.
"Kickback," as used in this clause, means any money, fee,
commission, credit, gift, gratuity, thing of value, or compensation of any
kind which is provided directly or indirectly, to any prime Contractor,
prime Contractor employee, subcontractor, or subcontractor employee for
the purpose of improperly obtaining or rewarding favorable treatment in
connection with a prime contract or in connection with a subcontract
relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership,
business association of any kind, trust, joint-stock company, or individual.
"Prime contract," as used in this clause, means a contract or
contractual action entered into by the United States for the purpose of
obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor," as used in this clause, means a person who
has entered into a prime contract with the United States.
"Prime Contractor employee," as used in this clause, means any
officer, partner, employee, or agent of prime contractor.
"Subcontract," as used in this clause, means a contract or
contractual action entered into by a prime Contractor or subcontractor for
the purpose of obtaining supplies, materials, equipment, or services of any
kind under a prime contract.
"Subcontractor," as used in this clause,
(1) means any person other than the prime Contractor, who offers
to furnish or furnishes any supplies, materials, equipment, or services of
any kind under a prime contract or a subcontract entered into in
connection with such prime contract, and
(2) includes any person who offers to furnish or furnishes general
supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means any
officer, partner, employee, or agent of a subcontractor.
(b) The Anti -Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits
any person from —
(1) Providing or attempting to provide or offering to provide any
kickback;
(2) Soliciting, accepting, or attempting to accept any kickback; or
(3) Including, directly or indirectly, the amount of any kickback in
the contract price charged by a prime Contractor to the United States or
in the contract price charged by a subcontractor to a prime Contractor or
higher tier subcontractor.
(c)(1) The Contractor shall have in place and follow reasonable
procedures designed to prevent and detect possible violations described in
paragraph (b) of this clause in its own operations and direct business
relationships.
(2) When the Contractor has reasonable grounds to believe that a
violation described in paragraph (b) of this clause may have occurred, the
Contractor shall promptly report in writing the possible violation. Such
reports shall be made to the inspector general of the contracting agency,
the head of the contracting agency if the agency does not have an
inspector general, or the Department of Justice.
(3) The Contractor shall cooperate fully with any Federal agency
investigating a possible violation described in paragraph (b) of this clause.
(4) The Contracting Officer may —
W Offset the amount of the kickback against any monies owed
by the United States under the prime contract and/or
(ii) Direct that the Prime Contractor withhold from sums owed a
subcontractor under the prime contract, the amount of the kickback. The
Contracting Officer may order that monies withheld under subdivision
(040) of this clause be paid over to the Government unless the
Government has already offset those monies under subdivision (000 of
this clause. In either case, the Prime Contractor shall notify the
Contracting Officer when the monies are withheld.
(5) The Contractor agrees to incorporate the substance of this
clause, including subparagraph (cx5), but excepting subparagraph (cXA in
all subcontracts under this contract. (FAR 52.203-7) (OCT 1988)
12. APrucnare Coors AND ORDINANCES
The Lessor, as part of the rental consideration, agrees to comply with
all codes and ordinances applicable to the ownership and operation of the
building in which the leased space is situated and, at his own expense, to
obtain all necessary permits and related items.
13. Diswuree
(a) This contract is subject to the Contract Disputes Act of 1978 (41
USC 601-613) (the Act).
(b) Except as provided in the Act, 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
$50,000 is not a claim under the Act until certified as required by
subparagraph (02) below. A voucher, invoice, or other routine request for
payment that is not in dispute when submitted is not a claim under the
Act. The submission may be converted to a claim' under the Act, by
complying with the submission and certification requirements of this
clause, if it is disputed either as to liability or amount or is not acted upon
in a reasonable time.
(01) A claim by the Contractor shall be made in writing and
submitted 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) For Contractor claims exceeding $50,000, the Contractor shall
submit with the claim a certification that —
(i) The claim is made in good faith;
(ii) Supporting data are accurate and complete to the best of the
Contractor's knowledge and belief; and
(iii) The amount requested accurately reflects the contract
adjustment for which the Contractor believes the Government is liable.
(3X0 If the Contractor is an individual, the certification shall be
executed by that individuaL
(ii) If the Contractor is not an individual, the certification shall be
executed by —
I A senior company official in charge at the Contractor's
plant or location involved; or
2 An officer or general partner of the Contractor having
overall responsibility for the conduct of the Contractor's affairs.
(e) For Contractor claims of $50,000 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 $50,000, 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 or files a suit as provided in the Act.
(g) The Government shall pay interest on the amount found due and
unpaid from (1) the date the Contracting Officer received the claim
(properly certified if required), or (2) the date payment otherwise would be
due, if that date is later, until the date of payment. Simple interest on
claims shall be paid at the rate fixed by the Secretary of the Treasury as
2
(REV. 5/92)
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.
(h) 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. (FAR 52.233-1) (APR 1984)
14. Peourr PAnorNT
The Government will make 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 funds transfer is made.
(a) Rental payments. Rent shall be paid in arrears and will be due on
the first workday of each payment period, and only as provided for by the
lease.
(1) When the date for commencement of rent falls on the 15th day
of the month or earlier, the initial rental payment under this contract
shall become due on the first workday of the month following the period is
which the commencement of the rent is effective.
(2) When the date for commencement of rent falls after the 15th
day of the month, the initial rental payment under this contract shall
become due on the first workday of the second month following the period
in which the commencement of the rent is effective.
(b) Interest Penalty.
(1) An interest penalty shall be paid automatically by the
Government, without request from the Contractor, if payment is not made
by the due date.
(2) The interest penalty shall be at the rate established by the
Secretary of the Treasury under Section 12 of the Contract Disputes Act of
1978 (41 U.S.C. 611) that is in effect on the payment date. This rate is
referred to as the "Renegotiation Board Interest Rate,' and it is published
in the Federal Register semiannually on or about January 1 and July 1.
The interest penalty shall accrue daily on the payment amount approved
by the Government and be compounded in 30-day increments inclusive
from the first day after the due date through the payment date.
(3) Interest penalties will not continue to accrue after the filing of a
claim for such penalties under the clause at 52.233-1, Disputes, or for more
than 1 year. Interest penalties of less than $1.00 need not be paid.
(4) Interest penalties are not required on payment delays due to
disagreement between the Government and Contractor over the payment
amount or other issues involving contract compliance or on amounts
temporarily withheld or retained in accordance with the terms of the
contract. Claims involving disputes, and any interest that may be payable,
will be resolved in accordance with the clause at 52.233-1, Disputes. (FAR
52.232-25) (APR 1989)
15. INspwnoN OF Psi
At all times after receipt of offers, prior to or after acceptance of any
offers, or during any construction, remodeling, or renovation work, the
premises and the building or any part thereof, upon reasonable and
proper notice, must be accessible for inspection by the Contracting Officer,
or by architects, engineers, or other technicians representing him, to
determine whether the essential requirements of the solicitation or the
lease requirements are met. Additionally, the Government reserves the
right, upon reasonable notice, to:
(a) inspect and perform bulk sampling and analysis of suspected
asbestos -containing materials;
(b) monitor the air for asbestos fibers is the space offered or under
lease as well as other areas of the building deemed necessary by the
Contracting Officer,
(c) inspect the premises for any leaks, spills, or other potentially
hazardous conditions which may involve tenant exposure to hazardous or
toxic substances (e.g. PCBs);
(d) inspect the site upon which the space is offered for any current or
past hazardous waste operations, and ensure that appropriate mitigative
actions were taken to alleviate any environmentally unsound activities in
accordance with Federal, state, and local regulations.
3
16. TmxwAnoN — PoLYcwo INAT® BmHENYw (PCBs), Asnmms, Oa Orsw
HALumus MATEMAI a
If it is discovered that PCBs, asbestos, or other hazardous materials are
present, the Government reserves the right to require the Lessor, at no
cost to the Government, to remove such materials present in the building,
in as ordance with EPA regulations, or alternately the Government may
terminate the lease. This is in addition to other remedies available to the
Government.
17. NarmcATmN OF PCB HAzAanous CoNDrncw
The Lessor shall promptly notify the Contracting Officer and the tenant
agency official of any leaks, spills, or other hazardous conditions which
involve PCBs in any area of the building.
18. FAuuas IN PEWOR uxce
The covenant to pay rent and the covenant to provide any service,
utility, maintenance, or repair required under this lease are dependent. In
the event of failure by the Lessor to provide any of these items, the
Government may by contract or otherwise perform the service, mainte-
nance, utility, or repair, and charge to the Lessor any cost incurred by the
Government that is related to the performance of such service,
maintenance, etc., including any administrative costs, and deduct such
cost from any rental payments. Alternately, the Government may reduce
rental payments by the corresponding value of the contract requirement
not performed, as determined by the Contracting Officer. These remedies
are not exclusive and are in addition to any other remedies which may be
available under this contract or in the law.
19. Lessor's SvocEssoRs
The terms and provisions of this lease and the conditions herein bind
the Lessor and the Lessor's heirs, executors, administrators, successors,
and assignees.
(a) If any price, including profit or fee, negotiated is connection th
this contract, or any cost reimbursable under this contract, was is
by any significant amount because (1) the Contractor or a su tractor
furnished cost or pricing data that were not complete, a te, and
current as certified in its Certificate of Current Cost or Pri ' Data, (2) a
subcontractor or prospective subcontractor furnished the ntractor cost
or pricing data that were not complete, accurate, and nt as certified
in the Contractor's Certificate of Current Cost or Data, or (3) any
of these parties furnished data of any description t were not accurate,
the price or cost shall be reduced accordingly the contract shall be
modified to reflect the reduction.
(b) Any reduction in the contract price er paragraph (a) above due
to defective data from a prospective bcontractor ' that was not
subsequently awarded the subcontract s be limited to the amount, plus
applicable overhead and profit m up, by which (1) the actual
subcontract or (2) the actual cost the Contractor, if there was no
subcontract, was less than the .ve subcontract cost estimate
submitted by the Contractor, p ided, that the actual subcontract price
was not itself affected by def, ve cost or pricing data
(cXl) If the Contracting leer determines under paragraph (a) of this
clause that a p2 or coat uction should be made, the Contractor agrees
not to raise the foll matters as a defense:
(i) The Con ator or subcontractor was a sole source supplier or
otherwise was in a perior bargaining position and thus the price of the
contract would have been modified even if accurate, complete, and
current coat or ricing data had been submitted.
(ii) a Contracting Officer should have known that the cost or
pricing in issue were defective even though the Contractor or
subcontr ctor took no affirmative action to bring the character of the data
to the ntion of the Contracting Officer.
(iii) The contract was based on an agreement about the total cost
of a contract and there was no agreement about the cost of each item
(REV. 5/92)
of Current Cost or Pricing Data
(2Xi) Except as prohibited by subdivision W20) of this cla , an
offset in an amount determined appropriate by the Contracting cer
based upon the facts shall be allowed against the amount of contract
price reduction if —
(A) The Contractor certifies to the Contracting icer that, to
the best of the Contractor's knowledge and belief, th Contractor is
entitled to the offset in the amount requested; and
(B) The Contractor proves that the cost pricing data were
available before the date of agreement on the p ' e of the contract (or
price of the modification) and that the data w not submitted before
such date.
(ii) An offset shall not be allowed if
(A) The understated data was own by the Contractor to be
understated when the Certificate of nt Cost or Pricing Data was
Signed; or
(B) The Government prov that the facts demonstrate that the
contract price would not have in in the amount to be offset even if
the available data had been mitted before the date of agreement on
price.
(d) If any reduction in a contract price under this clause reduces the
price of items for whit payment was made prior to the date of the
modification reflecting a price reduction, the Contractor shall be liable
to and shall pay the rafted States at the time such overpayment is repaid
(1) Simpl interest on the amount of such overpayment to be
computed fro the date(s) of overpayment to the Contractor to the date
the Gove ent is repaid by the Contractor at the applicable underpay-
ment ra effective for each quarter prescribed by the Secretary of the
Treasu under 26 U.S.C. 6621(aX2); and
( For Department of Defense contracts only, a penalty equal to
the ount of the overpayment, if the Contractor or subcontractor
wingly submitted cost or pricing data which were incomplete,
21. AxirnmAnvs AcnoN FoR HANotcArpm WommRs
(Applicable to leases which exceed $2,500.)
(a) General.
(1) Regarding any position for which the employee or applicant for
employment is qualified, the Contractor shall not discriminate against
any employee or applicant because of physical or mental handicap. The
Contractor agrees to take affirmative action to employ, advance in
employment, and otherwise treat qualified handicapped individuals
without discrimination based upon their physical or mental handicap in
all employment practices such as —
(i) Employment;
(if) Upgrading;
(iii) Demotion or transfers;
(iv) Recruitment;
(v) Advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor (Secretary) issued under the
Rehabilitation Act of 1973 (29 USC 793) (the Act), as amended.
(b) Postings.
(1) The Contractor agrees to post employment notices stating —
(i) the Contractor's obligation under the law to take affirmative
action to employ and advance in employment qualified handicapped
individuals and
(ii) the rights of applicants and employees
(2) • These notices shall be posted in conspicuous places that are
available to employees and applicants for employment. They shall be in a
form prescribed by the Director, Office of Federal Contract Compliance
Programs, Department of labor (Director), and provided by or through the
Contracting Officer.
(3) The Contractor shall notify each labor union or representative
of workers with which it has a collective bargaining agreement or other
contract understanding, that the Contractor is bound by the terms of
Section 503 of the Act and is committed to take affirmative action to
employ and advance in employment qualified physically and mentally
handicapped individuals.
(c) Noncompliance. If the Contractor does not comply with the
requirements of this clause, appropriate actions may be taken under the
rules, regulations, and relevant orders of the Secretary issued pursuant to
the Act.
(d) Subcontracts. The Contractor shall include the terms of this clause
in every subcontract or purchase order in excess of $2,500 unless
exempted by rules, regulations, or orders of the Secretary. The Contractor
shall act as specified by the Director to enforce the terms, including action
for noncompliance. (FAR 52.222-36) (APR 1984)
22. EXAMINATION Or RscoRw By Com'rRoLLss GENERAL
(Applicable to leases which exceed $10,000.)
(a) This clause applies if this contract exceeds $10,000 and was
entered into by negotiation.
(b) The Comptroller General of the United States or a duly authorized
representative from the General Accounting Office shall, until 3 years
after final payment under this contract or for any shorter period specified
in Federal Acquisition Regulation (FAR) Subpart 4.7, Contractor Records
Retention, have access to and the right to examine any of the Contractor's
directly pertinent books, documents, paper, or other records involving
transactions related to this contract.
(c) The Contractor agrees to include in first -tier subcontracts under
this contract a clause to the effect that the Comptroller General or a duly
authorized representative from the General Accounting Office shall, until
3 years after final payment under the subcontract or for any shorter
period specified in FAR Subpart 4.7, have access to and the right to
examine any of the subcontractor's directly pertinent books, documents,
paper, or other records involving transactions related to the subcontract.
"Subcontract," as used in this clause, excludes (1) purchase orders not
exceeding $10,000 and (2) subcontracts or purchase orders for public
utility services at rates established to apply uniformly to the public, plus
any applicable reasonable connection charge.
(d) The periods of access and examination in paragraphs (b) and (c)
above for records relating to (1) appeals under the Disputes Clause, (2)
litigation or settlement of claims arising from the performance of this
contract, or (3) costs and expenses of this contract to which the
Comptroller General or a duly authorized representative from the
General Accounting Office has taken exception shall continue until such
appeals, litigation, claims, or exceptions are disposed of. (FAR 52.215.1)
(APR 1984)
23. EQvAL OpmrnrNcsr
(Applicable to leases which exceed $10,000.)
(a) If, during any 12-month period (including the 12 months preceding
the award of this contract), the Contractor has been or is awarded
nonexempt Federal contracts and/or subcontracts that have an aggregate
value in excess of $10,000, the, Contractor shall comply with
subparagraphs (bXl) through (11) below. Upon request, the Contractor
shall provide information necessary to determine the applicability of this
clause.
(b) During performing this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national
origin.
(2) The Contractor shall take affirmative action to ensure the
applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, or national
origin. This shall include, but not be limited to,
(i) employment,
00 upgrading.
(iii) demotion,
(fv) transfer,
4
(REV. 5/92)
(v) - recruitment or recruitment advertising,
(vi) layoff or termination,
(vii) rates of pay or other forms of compensation, and
(viii)selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to
employees and applicants for employment the notices to be provided by
the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements for
employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
(b) The Contractor shall send, to each labor union or representative
of workers with which it has a collective bargaining agreement or other
contract or understanding, the notice to be provided by the Contracting
Officer j advising the labor , union or workers' representative of the
Contractor's commitments under this clause, and post copies of the notice
in conspicuous places available to employees and applicants for employ-
ment.
(6) The Contractor shall comply with Executive Order 11246, as
amended, and the rules, regulations, and orders of the Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency all
information required by Executive Order 11246, as amended, and by the
rules, regulations, and orders of the Secretary of Labor. Standard Form
100 (EEO-1), or any successor form, is the prescribed form to be filed
within 30 days following the award, unless filed within 12 months
preceding the date of award.
(8) The Contractor shall permit access to its books, records, and
accounts' by the contracting agency or the Office of Federal Contract
Compliance Programs (OFCCP) for the purpose of investigation to
ascertain the Contractor's compliance with the applicable rules, regula-
tions, and orders.
(9) 1If the OFCCP determines that the Contractor is not in
compliance with this clause or any rule, regulation, or order of the
Secretary of Labor, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared
ineligible for further Government contracts, under the procedures
authorized in Executive Order 11246, as amended. In addition, sanctions
may be imposed and remedies invoked against the Contractor as provided
in Executive Order 11246, as amended, the rules, regulations, and orders
of the Secretary of Labor, or as otherwise provided by law.
(10) The Contractor shall include the terms and conditions of
subparagraph (bXl) through (11) of this clause in every subcontract or
purchase order that is not exempted by the rules, regulations, or orders of
the Secretary of Labor issued under Executive Order 11246, as amended,
so that these terms and conditions will be binding upon each subcontrac-
tor or vendor.
(11) the Contractor shall take each action with respect to subcon-
tract or purchase order as the contracting agency may direct as a means of
enforcing these terms and conditions, including sanctions for noncompli-
ance; provided, that if the Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of
any direction, the Contractor may request the United States to enter into
the litigation to protect the interests of the United States.
(c) Notwithstanding any other clause in this contract, disputes
relative to this clause will be governed by the procedures in 41 CFR 60.1.1.
(FAR 52.222-26) (APR 1984)
24. UrU='HON OF SMAT, Busu+ss CoNamm AND Sm ua. DisAnverrreosn Busmm
CoNcMNS
(Applicable to leases which exceed $10,000.)
(a) It is the policy of the United States that small business concerns
and small business concerns owned and controlled by socially and
economically disadvantaged individuals shall have the maximum practi-
cable opportunity to participate in performing contracts let by any
Federal agency, including contracts and subcontracts for subsystems,
assemblies, components, and related services for major systems. It is
further the policy of the United States that its prime contractors establish
procedures to ensure the timely payment of amounts due pursuant to the
terms of their subcontracts with small business concerns and small
business concerns owned and controlled by socially and economically
disadvantaged individuals.
(b) The Contractor hereby agrees to carry out this policy in the
awarding of subcontracts to the fullest extent consistent with efficient
contract performance. The Contractor further agrees to cooperate in any
studies or surveys as may be conducted by the United States Small
Business Administration or the awarding agency of the United States as
may be necessary to determine the extent of the Contractor's compliance
with this clause.
(c) As used in this contract, the term "sma11 business concern" shall
mean a small business as defined pursuant to section 3 of the Small
Business Act and relevant regulations promulgated pursuant thereto. The
term "small business concern owned and controlled by socially and
economically disadvantaged individuals" shall mean a small business
concern (1) which is at least 61 percent unconditionally owned by one or
more socially and economically disadvantaged individuals; or, in the case
of any publicly owned business, at least bl per centum of the stock of
which is unconditionally owned by one or more socially and economically
disadvantaged individuals; and (2) whose management and daily business
operations are controlled by one or more of such individuals. This term
also means a small business concern that is at least 61 percent
unconditionally owned by an economically disadvantaged Indian true or
Native Hawaiian Organization, or a publicly owned business having at
least 61 percent of its stock unconditionally owned by one of these entities
which has its management and daily business controlled by members of
an economically disadvantaged Indian Tribe or Native Hawaiian Organi-
sation, and which meets the requirements of 13 CFR 124. The Contractor
shall presume that socially and economically disadvantaged individuals
include Black Americans, Hispanic Americans, Native Americans,
Asian -Pacific Americans, Subcontinent Asian Americans, and other
minorities, or any other individual found to be disadvantaged by the
Administration pursuant to section 8(a) of the Small Business Act. The
Contractor shall presume that socially and economically disadvantaged
entities also include Indian Tribes and Native Hawaiian Organizations.
(d) Contractors acting in good faith may rely on written representa-
tions by their subcontractors regarding their status as either a small
business concern or 'a small business concern owned and controlled by
socially and economically disadvantaged individuals. (FAR 52.219-8) MM
1990)
25. AFnDtb1ATrvE AMON Fox Srecani. DrsAsteD AND Vrsrmm ERA VrrmtAxs
(Applicable to leases which exceed $10,000.)
(a) Definitions.
"Appropriate office of the State Employment Service System," as
used in this clause, means the local office of the Federal -State national
system of public employment offices assigned to serve the area where the
employment opening is to be filled, including the District of Columbia,
Guam, Puerto Rico, Virgin Islands, American Samoa, and the Trust
Territory of the Pacific Islands.
"Openings that the Contractor proposes to fill from within its own
organization," as used in this clause, means employment openings for
which no one outside the Contractor's organization (including any
affiliates, subsidiaries, and the parent companies) will be considered and
includes any openings that the Contractor proposes to fill from regularly
established "recall" lists.
"Openings that the Contractor proposes to fill under a customary
and traditional employer -union hiring arrangement," as used in this
clause, means employment openings that the contractor proposes to fill
from union halls, under their customary and traditional employer -union
hiring relationship.
"Suitable employment openings," as used in this clause —
(1) Includes, but is not limited to, openings that occur in jabs
categorized as —
(I) Production and nonproduction;
(Ii) Plant and office;
(III) Laborers and mechanics;
(iv) Supervisory and nonsupervisory;
(v) Technical; and
6
(REV. 6/92)
(vi) Executive, administrative, and professional positions compen-
sated on a salary basis of less than $25,000 a year, and
(2) Includes full-time employment, temporary employment of over 3
days, and part-time employment, but not openings that the Contractor
proposes to fill from within its own organization or under a customary and
traditional employer -union hiring arrangement, nor openings in an
educational institution that are restricted to students of that institution.
(b) General.
(1) Regarding any position for which the employee or applicant for
employment is qualified, the Contractor shall not discriminate against the
individual because the individual is a special disabled or Vietnam era
veteran. The Contractor agrees to take affirmative action to employ,
advance in employment, and otherwise treat qualified special disabled and
Vietnam era veterans without discrimination based upon their disability
or veterans' status in all employment practices such as:
(i) Employment;
01) Upgrading;
(iii) Demotion or transfers;
(iv) Recruitment;
(v) Advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
(viii) Selection for training, including apprenticeship.
(2) The Contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor (Secretary) issued under the
Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as
amended.
(c) Listing Openings.
(1) The Contractor agrees to list all suitable employment openings
existing at contract award or occurring during contract performance, at
an appropriate office of the State employment service system in the
locality where the opening occurs. 'These openings include those occurring
at any contractor facility, including one not connected with performing
this contract. An independent corporate affiliate is exempt from this
requirement.
(2) State and local government agencies holding Federal contracts
of $10,000 or more shall also list all their suitable openings with the
appropriate office of the State employment service.
(3) The listing of suitable employment openings with the State
employment service system is required at least concurrently with using
any other recruitment source or effort and involves the obligations of
placing a bona fide job order, including accepting referrals of veterans and
nonveterans. This listing does not require hiring any particular job
applicant or hiring from any particular group of job applicants and is not
intended to relieve the Contractor from any requirements of Executive
orders or regulations concerning nondiscrimination in employment.
(4) Whenever the Contractor becomes contractually bound to the
listing terms of this clause, it shall advise the State employment service
system, in each State where it has establishments, of the name and
location of each hiring location in the State. As long as the Contractor is
contractually bound to these terms and has so advised the State system, it
need not advise the State system of subsequent contracts. The Contractor
may advise the State system when it is no longer bound by this contract
clause.
(5) Under the most compelling circumstances, an employment
opening may not be suitable for listing, including situations when —
(i) the Government's needs cannot reasonably be supplied,
(ii) listing would be contrary to National security, or
(iii) the requirement of listing would not be in the Government's
interest.
(d) Applicability.
(1) This clause does not apply to the listing of employment openings
which occur and are filled outside the 50 states, the District of Columbia,
Puerto Rico, Guam, Virgin Islands, American Samoa, and the Trust
Territory of the Pacific Islands.
(2) The terms of paragraph (c) above of this clause do not apply to
openings that the Contractor proposes to fill from within its own
organization or under a customary and traditional employer -union hiring
arrangement. This exclusion does not apply to a particular opening once
an employer decides to consider applicants outside of its own organization
or employer -union arrangement for that opening.
(e) Postings.
(1) The Contractor agrees to post employment notices stating —
(i) the Contractor's obligation under the law to take affirmative
action to employ and advance in employment qualified special disabled
veterans and veterans of the Vietnam era, and
(ii) the rights of applicants and employees.
(2) These notices shall be posted in conspicuous places that are
available to employees and applicants for employment. They shall be in a
form prescribed by the Director, Office of Federal Contract Compliance
Programs, Department of Labor (Director), and provided by or through the
Contracting Officer.
(3) The Contractor shall notify each labor union or representative
of workers with which it has a collective bargaining agreement or other
contract understanding, that the Contractor is bound by the terms of the
Act, and is committed to take affirmative action to employ, and advance
in employment, qualified special disabled and Vietnam era veterans.
(f) Noncompliance. If the Contractor does not comply with the
requirements of this clause, appropriate actions may be taken under the
rules, regulations, and relevant orders of the Secretary issued pursuant to
the Act.
(g) Subcontracts. The Contractor shall include the terms of this clause
in every subcontract or purchase order of $10,000 or more unless excepted
by rules, regulations, or orders of the Secretary. The Contractor shall act
as specified by the Director to enforce the terms, including action for
noncompliance. (FAIT 62.22235) (APR 1984)
26. Emnorn>ENT REPoRn ON SPEcwi. D:sesi,m VETEEANs AND VETEEANs Or THE
VMTNA.M Eiu
(Applicable to leases which exceed $10,000)
(a) The Contractor agrees to report at least annually, as required by
the Secretary of Labor, on:
(1) The number of special disabled veterans and the number of
veterans of the Vietnam era in the workforce of the contractor by job
category and hiring location; and
(2) The total number of new employees hired during the period
covered by the report, and of that total, the number of special disabled
veterans, and the number of veterans of the Vietnam era
(b) The above items shall be reported by completing the form entitled
"Federal Contractor Veterans Employment Report VETS-100."
(c) Reports shall be submitted no later than March 31 of each year
beginning March 31, 1988.
(d) The employment activity report required by paragraph (aX2) of
this clause shall reflect total hires during the most recent 12-month period
as of the ending date selected for the employment profile report required
by paragraph (a)(l) of this clause. Contractors may select an ending date:
(1) As of the end of any pay period during the period of January
through March 1st of the year the report is due, or
(2) as of December 31, if the _Contractor has previous, written
approval from the Equal Employment Opportunity Commission to do so
for purposes of submitting the Employer Information Report EEO-1
(Standard Form 100).
(e) The count of veterans reported according to paragraph (a) of this
clause shall be based on voluntary disclosure. Each Contractor subject to
the reporting requirements at 38 U.S.C. 2012(d) shall invite all special
disabled veterans and veterans of the Vietnam era who wish to benefit
under the affirmative action program at 38 U.S.C. 2012 to identify
themselves to the Contractor. The invitation shall state that the
information is voluntarily provided, that the information will be kept
confidential, that disclosure or refusal to provide the information will not
subject the applicant or employer to any adverse treatment, and that the
information will be used only in accordance with .the regulations
promulgated under 38 U.S.C. 2012.
(f) The Contractor shall include the terms of this clause in every
subcontract or purchase order of $10,000 or more unless exempted by
rules, regulations, or orders of the Secretary. (FAR 52.22237) (JAN 1988)
8
(REV. 5/92)
27.-U+a=noN OF WomzN-OWNED Sues. euswEssFs
(Applicable to leases which exceed $25,000.)
(a) "Women -owned small businesses," as used in this clause, means
businesses that are at least 51 percent owned by women who are United
States citizens and who also control and operate the business.
"Control," as used in this clause, means exercising the power to
make policy decisions.
"Operate," as used in this clause, means being actively involved in
the day-to-day management of the business.
"Small business concern," as used in this clause, means a concern
including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government
contracts, and qualified as a small business under the criteria and size
standards in 13 CFR 121.
(b) It is the policy of the United States that women -owned small
businesses shall have the maximum practicable opportunity to participate
in performing contracts awarded by any Federal agency.
(c) The Contractor agrees to use its best efforts to give women -owned
small businesses the maximum practicable opportunity to participate in
the subcontracts it awards to the fullest extent consistent with the
efficient performance of its contract.
(d) The Contractor may rely on written representations by its
subcontractors regarding their status as women -owned small businesses.
(FAR 52.219-13) (AUG 1986)
28. Dsuo-FRu Wowa3Ace
(Applicable to leases which equal or exceed $25,000.)
(a) Definitions. As used in this clause,
"Controlled substance" means a controlled substance in schedules
I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812)
and as further defined in regulation at 21 CFR 1308.11— 1308.16.
"Conviction" means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal or
State criminal drug statutes.
"Criminal drug statute" means a Federal or non -Federal criminal
statute involving the manufacture, distribution, dispensing, possession or
use of any controlled substance.
"Drug -free workplace" means the site(s) for the performance of
work done by the Contractor in connection with a specific contract at
which employees of the Contractor are prohibited from engaging in the
unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance.
"Employee" means an employee of a Contractor directly engaged
in the performance of work under a Government contract. "Directly
engaged" is defined to include all direct cost employees and any other
Contractor employee who has other than a minimal impact or involve-
ment in contract performance.
"Individual" means an offeror/contractor that has no more than
one employee including the offeror/contractor.
(b) The Contractor, if other than an individual, shall — within 30
calendar days after award (unless a longer period is agreed to in writing
for contracts of 30 calendar days or more performance duration% or as
soon as possible for contracts of less than 30 calendar days performance
duration —
(1) Publish a statement notifying its employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the contractor's workplace and specifying the
actions that will be taken against employees for violations of such
prohibition;
(2) Establish an ongoing drug -free awareness program to inform
such employees about —
(i) The dangers of drug abuse in the workplace;
(ii) The contractor's policy of maintaining a drug -free workplace;
(iii) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(iv) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace.
7
(3) Provide all employees engaged in performance of the contract
with a copy of the statement required by subparagraph (bXl) of this
clause;
(4) Notify such employees in writing in the statement required by
subparagraph MU of this clause that as a condition of continued
employment on this contract, the employee will —
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction
under a criminal drug statute for a violation occurring in the workplace
no later than 5 calendar days after such conviction.
(5) Notify the Contracting Officer in writing within 10 calendar
days after receiving notice under subdivision (00ii) of this clause, from
an employee or otherwise receiving actual notice of such conviction. The
notice shall include the position title of the employee;
(6) Within 30 calendar days after receiving notice under subdivision
ft0ii) of this clause of a conviction, take one of the following actions
with respect to any employee who is convicted of a drug abuse violation
occurring in the workplace:
(0 Taking appropriate personnel action against such employee,
up to and including termination; or
di) Require such employee to satisfactorily participate in a drug
abuse assistance or rehabilitation program approved for such purposes by
a Federal, State, or local health, law enforcement, or other appropriate
agency.
Cn Make a good faith effort to maintain a drug -free workplace
through implementation of subparagraphs (bXl) through (bX6) of this
clause.
(c) The Contractor, if an individual, agrees by award of the contract or
acceptance of a purchase order, not to engage in the unlawful
manufacture, distribution, dispensing, possession, or use of a controlled
substance in the performance of this contract.
(d) In addition to other remedies available to the Government, the
Contractor's failure to comply with the requirements of paragraphs (b) or
(c) of this clause may, pursuant to FAR 23.506, render the Contractor
subject to suspension of contract payments, termination of the contract for
default, and suspension or debarment. (FAR 52.223-6) (JUL 1990)
29. PRorm=G THE GovvuactNT's LyrEmT WHm SusoommAcrwr, WrrH CoNTuo-
togs DELmmm, Su&PENDED, OR Psoposw FOR DEawRmzr'e
(Applicable to leases which exc Ded $25,000)
(a) The Government suspends or debars Contractors to protect the
Government's interests. The Contractor shall not enter into any
subcontract in excess of the small purchase limitation at FAR 13.000 with
a Contractor that has been debarred, suspended, or proposed for
debarment unless there is a compelling reason to do so.
(b) The Contractor shall require each proposed first -tier subcontrac-
tor, whose subcontract will exceed the small purchase limitation at FAR
13.000, to disclose to the Contractor, in writing, whether is of the time of
award of the subcontract, the subcontractor, or its principals, is or is not
debarred, suspended, or proposed for debarment by the Federal Govern-
ment.
(c) A corporate officer or a designee of the Contractor shall notify the
Contracting Officer, in writing, before entering into a subcontract with a
party that is debarred, suspended, or proposed for debarment (see FAR
9.404 for information on the List of Parties Excluded from Procurement
Programs). The notice must include the following-
(1) The name of the subcontractor.
(2) The Contractor's knowledge of the reasons for the subcontractor
being on the List of Parties Excluded from Procurement Programs.
(3) The compelling reason(s) for doing business with the subcontrac-
tor notwithstanding its inclusion on the List of Parties Excluded From
Procurement Programs.
(4) The systems and procedures the Contractor has established to
ensure that it is fully protecting the Government's interests when dealing
with such subcontractor in view of the specific basis for the party's
debarment, suspension, or proposed debarment. (FAR 52.209-6) (JUN
1991)
(REV. 5/92)
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NO. I OATS I DESCRIPTION I Cx ECKEO I AI/MOVED
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHWEST REGION FORT WORTH TEXAS
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REVIEWED By I SUBMITTED Ir A/PAOVI) By
DEaioxco By ISSUED By DATE
DRAWN DRAINING NO.
Br AIRWAY FACILITIES DIVISION
CMECAED BT
FORM 6000-I4-1(1/T2)