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HomeMy WebLinkAboutResolution - 3707 - Agreement - US Customs Service - Office Space, LIA - 09_12_1991Resolution No. 3707 September 12, 1991 Item #16 LLC:js 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 an Agreement with the U. S. Customs Service renewing their lease for their office space on the East side of the Airport. Said Agreement is attached hereto and incorpo- rated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 12th ATTEST: , City Secretary APPROVED AS TO CONTENT: Bern E. Case, Director of Aviation APPROVED AS TO FORM: Linda L. Chamales, Assistant ity Attorney day of September , 1991. r Resolution No. 3707 RentPmhPr. 19- STANDARDICM 2 Item # 16 February 1965 Edition U. S. GOVERNMENT General Services LEASE FOR REAL PROPERTY Administraticn FM (41 CF'R) 1-16,601 Date of Lease Lease No. 655-92-33912 THIS LEASE, made and ez&ered into this date by and between The City of Iukaboc-.k, Texas Lessor Rep.: Rod Paine; Deputy Dir. Telephone (806)767-2635 whose address is: "Lubbock International Airport Route 3, Box 389 Lubbock, Texas 79401 and,whdse interest in -the property hereinafter described is that of hereinafter called the Lessor, and the UNITED STATES OF AMERIM, hereinafter c a l l e d 'the Government: Government Rep.: Judy Cook ( 317 ) 2 9 8 -12 4 0 The parties hereto for the considerations hereinafter mentioned, covenant and agree as follows: I. The Lessor hereby leases to the Gavernanent the following described premises: 648 square feet of office space in the south erri of the Executive Terminal DMding at the ILftoc.k Intes>national Airport. to be used for the U.S. Custans Service. 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on October 1. 1991 through September 30. 1992 subject to termination and renewal rights as may be hereinafter set forth. Subject to availability of FY 1992 funds. 3. The Government shall pay the Lessor annual rent of S 1.00 at the rate of S 1.00 per onnum in arrears. Rent for a lesser period shall be prorated. Rent checks shall be made payebte to: City of Lubbock Lubbock international Airport Route 3, Box 389 Lubbock, Texas 79401 4. Either party may terminate this lease at any time by giving at least 60 days' notice in writing to the other and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lees* may be renewed at the option of the GOVERNMENT, for the following terms and at the following rentals: Lease can be renewed annually through September 30, 1993. Rental rates and services are negotiable. provided notice be given in writing to the Lessor at least 30 days before the end of the original lease term or any renewal term; all other terms and conditions of this lease shall remain the same during any renewal term. Said notice shall be computed commencing with the day after the date of malting. 6. The Lessor shall furnish to the Government, as part of the rental consideration, the following (a) Heating, air-conditioning, utilities and cleaning services are included. Also Includes replacement lamps, tubes, and ballasts for light fixtures and toilet supplies. (b) The Government shall have direct access to the premises 24 hours a day, 7 days a week. (c) To ensure prompt payment, Lessor will submit a separate monthly invoice listing these transaction codes ACT 02022531, APC 633669, and OBCL 2321 to: U. S. Customs Service Port Director Route 3, Box 28 Lubbock, Texas 79401 (d) All questions pertaining to invoice payment under this contract must include: (1) Name of business; (2) Invoice date; (3) lease number; (4) ACT number; (5) Description, price of actual service rendered; (6) Name, title, phone number and complete mailing address of responsible official to whom payment is to be sent (same as paragraph 3). Send questions to: U. S. Customs Service, National Finance Center, Chief, Commercial Accounts, P. 0. Box 68908, Indianapolis, Indiana 46268. Telephone number: (317) 298-1486. (a) As provided in the Federal Tort Claims Act (28 USC 2671. at seq), the Government is responsible for damage caused by a negligent or wrongful act or omission on the part of any federal employee acting within the scope of his employment. 7. Thp following are attached and made a part thereof: (a) General Clauses (GSA Form 3517); Pages 1-24 (01/91) (b) Representations and Certifications (GSA Form No. 3518; Pages 1-8 (01/91) 8. Thq following changes were made in this lease prior to its execution: The U.3. Customs Service shall be substituted for all references made to the General Services Administration (GSA) in GSA Form 3517 (Rev 1/91) and 3518. IN WITNESS WHEREOF, the parties hereto have hereunto albscriberi their names as of the date first abwe written. By: C `e , B.C. McMin , Mayor, City of Lubbock signature Signature of Signature Address UNITED SMMS OF AMERICA U.S. Custcsas Servioe, National Logistics Center, P.O. Boat 68906, 6026 Lakeside Blvd.., Indianapolis, IN 46268 George R. Satterlee oontractina Officer Signature Official Title STANOAM FUN 2 February 1965 Edition U.S. GPO: 1989-250-536/00286 S GENERAL CLAUSES oaquWW*n or Lw*hold mntrnb In Rid Property 1. SM270-1 0 - DEFINiTIONS (JUN I OW (a) The terms -contract' and -Cortina tor shall mean lease- and "Lessor," respecti+ely. (b) 9 the tease Is a scab -lease. the term "Lassa' means tthe sub -lessor. (c) The term -Lessor shall provide' means the Lessor shall furnish and Install. 2 SSZ270-M -TIME EXTENSIONS (JUN 19M The (ease will not be terminated not the Lessor charged with resulting damage r delays arise from crftoseeable causes beyand the control of thelessor and/or his contractors, subconuaaors, suppliers, or another Government contractor. However, the Lessor shall notify the Cartmc drV Officer, in writing, of delay within 10 calendar days after k begins.. The CMmcdrq Officer shall ascertainthe facts, nnyy determine the extent of the delay. and grant exteruions when - 3. UZ270-29 - TERMINATION FOR DEFAULT (JUN I OW k the Lessor faits to prosecute the worts required to do wr the leased prw Aces ready for occupancy mnt by the Goverewith such diligence as will ensure delivery of the ieaW prvnises within the time required by the lease agreement. or any extension of the specified dmis, or d the Lessor fads to complete sald worts within such time, the Governrnent may, by.wrkten notice to the Lessor, terminate the lease agreemere. Regardless of whether the lease is toffnr od, the Lessor and his sureties shall be liable for wy d to the Government: resulting from his failure to deliver the premim ready for occupancy wktM die specified dme. 4. W.203-1- OFFICIALS NOT TO BENEFIT (APR 1964) No momix; of or delegate to Ccrgress, or. resident commiasiaer, anal be admittedto "sham or part of this contract, or to any berMak arising from it. However, thta clsuae does mat " to the contract to the extent that this contract is made with a corporation for the corporation's Genft 3. SM270-27 - DELIVERY AND CONDITION (JUN tip Unless the Gowrraw t elects to have the space occupied In Mxxemerxts, the space must be delivered ready for occupancy a a complete unit. The Govern mere reserves this right to determine when the space Is ready to occupy. 5. 552.270-30 - PROGRESSIVE OCCUPANCY (JUN 19t35) The Government shag pay rent only when the entire promises or suitable unto an ready for occupancy. a the agency ocampiee the space In _antis` kxmnents, rent wi accrue or be paid on a pro rota bash. Rental shag became due on the fhnst workday of the month Mk)* ng time month in which an incnemerit o IS oocta Ad. except that should an increment of space be occupied after the flfteertht day cf the month, the payment due data willbe the *9 workday of the second month b a*" the month in which it was occupied. TheconvioKa date of the firm term will be a composite determined tram d dates of krcremental oom4m y. 7. MEASUREMENT FOR PAYMENT (APR 19t34) When spew is offered and accepted, the specs will be wA tually measured capon delivery. Payment wig be made on the basis a actual measunmert; however Payment wig not be made for delivered apace which bin excess d the ri m ft urm square footage aoi a;i & 552.270-M - IF MINIMUM NOT DELIVERED (JUN 1 W5) .. .. c . «. c • u"aTWA & L"W Goveffo d GSA FOAM 3617 PAGE 1 (REV 191) 9. SSZ270-16 - INSPECTION OF PREMISES (MAY 19N) At all times after receipt of offerst prior to or after acceptance of� oYften or during any structimrerrnodetng, or warts, tine premises and the or any parts thereof, upon reasonable and proper no" must be accessible for inspection by the Contracting Officer, or by architects, engineers, or other techniclans representing hirm to determine whether the essential requirements d the solicltadw or the lease requirements are met Additionally. the Government reserves theItupon reasonable notice, to: innspeaand perform bulk samples and anaysis of suspected asbestos- containing materials; monitor the air for nb tos f bersln the space offered or under lease as well as other areas of the budding deemed necessary by the Contracting Officer; (c) inspect the premises for any teaks, spills, or other potentially hazardous conditions which may involve tenant to hazardous or todc substances (e.g. PC 's); (d) inspect the sheeupon which the space Is offered for any current orhazar �s waste oansurs that pactions were taken to eanyrations. and unsound activities accm-do-dy appropriate a and local regAnions, iQ SSZ270-14 - CONDITION REPORT (JUN 19" . A Joint physical survey and inspection report of the demised prwftn wit be made as of the effective date of this lease, reflecting the then present condition, and will be signed on behalf of the parties hereto. 11. ML270-13 - DAMAGE BY FiRE OR OTHER CASUALTY (JUN 1965) lt the said premiss be destroyed by fine or other casualty, this lease will I rrredlA* terminate. In case of partial destruction or , so as to render the premises ureenantable, as determined by the Government, the Governmentmay terminate the lease by giving written notice to the Lessor within 1 S calendar days thereafter, r so ternlnated, no rent will accrue to the Lessor after such partial destruction or damaaggee, and i riot so terminated, the rent will be reduced proporttonatey by supplemental agreement hereto effective from the date of such partial destruction or damage. I Z SUBSTiTUiiON OF MANT AGENCY (APR 19U) The Government reserves the right to substitute any agwcy(let) for the agerxy(iea) named in this solicitation at dry thrill after the o0w or during the term of tie bats 13. 5SZ270-11- SUBLETTING THE PREMISES (JUN 19" The Governrrert may sublet any pan of tte premises but shall not be relieved from any obligations under this tease by reason of any Wch subletWo t. 14. SSZ270-19 - ALTERATIONS (JUN 19" The Government shot have the right during the o tence of this lease to make alterations, attach fbcltr v% and erect structures or signs in or upon the prerrAw hereby leased, which flnaures, additions or structures so placed k% on, upon, or attached to the said prerises stnat be and remain the property of the Government and may be wwmd or otherwise disposed of by the Government. It the lease contemplates that the Goverxnert is file sole occupant d the buscArg. for of thin c�aus4 the the leased premises in►chrds tine land on which tine building is sRed and the b� . Otime:virise, tine a right �ep�s str+.icture boated on 1 S. SM270-17 -FAILURE IN PERFORMANCE (JUN 19" The covenant to pay rent and the covenant to provide any service, uttihy, maintenance, or repair required under this lease are dependent. In the event d failure by the Lessor to provide any of these Items, the Government may by contract or otherwise perform the swvic:e, maintenance, utility, or repair, and charge to the Lessor any cost Insured 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 Govertunent may reduce rental payments by the corresponding value of the Contract requirement not pe as determined. by the Officer These remedies are not exclusive and are in addition to any other remedies'which may be avdWW under this contract or in the law. iwnm3 4 LO&W Govvnment 08A FORM 3517 PAGE 2 MEV 1/91) _ t i 1& $62270-12 - MAINTENANCE OF PREMISES (JUN 1985) The Lresaar shall maintain the demised premises, Ong the bui and an equipment. Wures, and �p tenarces fsxnbhed by the Lessor under this Massa In good and tenantable condition, except- in cased damage arising from ttw act or the negligence d the Goveff Wrfews agents or employees. For the purpose of so maintain said Premises and property, the Lessor may at reasonable and d with the approval of the authorizedaovenunent represerjaWs hi charge, enter and inspect the same and make arty necessary repairs thereto. 17. 552274-21 - CHANGES (JUN 1985) (a) The Contracting Officer may at aw time, by written order, make changes within the general scope of this lease in any one or more of the k tlowing: (b) NNW such ORAM an increase or decrease In the Lessors cost d, or the time r"Ared for, performance under contract, whedwt' or not changed by the order, the Covactkng Officer shah ft mo the lease by (1) making an equitable s4ustmment h rental rate, rerate, Mi making a lump sum price ad?Atrr t, or (3) nviainp the detivery schedule. (c)N hc Ircrease r referred cause an In to under title contract. the Lassor shall submit any propoean under the dam at SM270-20. Proposal for clause at SS2�S Ad wrx for Vaunt Premises. mmM Wand promises will be in accordance with the (a) Faltre to agree to any 8d)usWW1 shall be a dispute order the Obpunts clause. M No novicas or work d "prior wr den authortzation d the �llfcer or which an addkWW coat or fee will beerorcharged by the lessor be ng ot�tOfficer.0a despnated representative 1 & SS2.270 -20 - PROPOSALS FOR ADJUMVENT (=19K (a) The ContracteV Officer ,from time to time duuhp the term of this Was, changes to be made In wilt bye require swAm to periorttwd in e>he firma or condkione d tltie� Such durges (b) It the Contracting OMcer makes a daVe wIM the gsrwrat scope d the Maas. the L.ssaor shall subra e a Orrawhen t e cost an (ds $2A coat pr��opproposal, hclu&V oeat d subbeeM or work, coaccomplished or services ntain at Wormed when del i2S,000. T following 1 Matarw qua 10 - and Will: coats, labor oow pderttSMd with specific kern or material to be placed «operation to be EWaintsan'a oo�rtlperlsadon and public lablity 11"u rwca Pr+oilt Employ�,mv t taxes under FICA and FUTA. he Reguhow provislorw WW proposals ex (c C) T $1 kwftnFooei Acquisition(F� alsoto all The Lessor shall provide cost or pricing data kwkx ng subcontractor cost and pricing data (48 CFR 1l3.The Lances representative, all contractors, and :t�bcortraaors wtxase portion of the work exceeds(�100,000 must sign and return ttw'Cwrtlficate d Current Cost or Pridltg oats' (48 CFR 15.804- 4), and . g: W OovWnnWA 38A FORM 3517 PAGE 3 PREY 1191) ����j The for -Prfaa Reductlon for Defective Cost or Pricing Data' must be signed and returned t48 CFR� . (d) 1 in q 19 shell also rdw to 48 CFR Part 31. Contract Cost pim costs we allowable. reasonable, and allocable in Govemment workPrinci for information on which i 19. M215-22 - PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (APR 1988) W. price. ct. Including Profit or fee, negotiated in connection with this contraor any cost reirrt ender this corwaM was inereased by any sWdIcant amount because (1) the Contractor or a subcontractor hmnished cost or ppdci�ng data that were not complete, accurate, and current as cerWed In its Certificate of Cumtt Cost or Oats, (2) a se,bcorttractor or prospective subcontrrector furnished the Contractor oat or pricing dais that were rat ac:arate, and current as certified In ft Contractors Certificate of Ojmt Cost or Ming oata.�ary of then parties Wished data of fd descrirription t a rwere not eflectthered retso the �° or cost shad be redt�cad aocwr gy and the contract (t>) Ary reduction in the contract price under paragraph (a) above due to defective data from a prospective subo1n0 -ctor that was mat subsequerrtfy awarded the subcontract shad be limited to the amotrx, Plus appdcable ovsrhsW and profit markerp, by which (1) the actual or (2) the actual cost to cost estimate 1 t: ,ate I by Corwacxar; provided,that the actual I there was no, su was less � e was subcontte aRected by dekctivm cost pricing dsta (c) (1) 1 the Contracting Officer determines under paragra fttt�is clause that a price or cost reduction should be made, go Contractor agrees not to raise the matters as a defense. (Q The Contractor or subcontractor was a sole source suppler or otherwise was In a superior bargaining pa0an and thus the of the contract would not have been modified even If accurate, corrtpiete, and current cost or data had been submitted defective even m�ou°CaVecting Officer �h the Corwa or or subooi- m- ect° known that the took no affirmative action aactiortor � to bring data the der d the data to the att — of the ContrractInGI Officer. (IQ The contract was based on an agreemtein! about the total cost of the contract and there was no agreertte a about the cost of each Rent procured ender the contrast Data (MThe Contractor ar subcontractor did not submit a Certllcate of Current Cost or Pricing (2) (q Except as prohibited by m bdlvislon (c)(2)(ii) of this clause, an offset In an amount determined appropriate by the Contracting Officer based upon the facts shad be allowed against the amount of a contract reduction R WW Ttw Cawactor to the Contrac*V Officer thaf�, to the best d the Contractors knowledge and louder, the Contractor is entitled to the offset h the amount requested; and an(0) The Contractor prom bef seM uc before the des of thee. P" of actt (or price of thi��))and that the were dM w submitted (d) An offset shaf( not be allowed 1- W The understated data was known by the contractor to be understated when the Certificate or current Cost or Pricing Data v was signed; or have Increased h the The roffset even ven the avais that tro facts lable �a fad° to bow s btract efeforre tthelodos of agreement on price. 20. 52-215-24 - SUBCONTRACTOR COST OR PRICING DATA (APR 1985) Q4)On when the clause 52.215-22, above, Is appdcable.) (a) Before awarding any subcontract expected to exceed $100,000 when entered into. or before pedM ary subcontract modification invok" a pricing adjustment expected to exceed $100.000, the Contractor shad the subcontractor to submitcost or pricing data (*Iu* or by specific: Ida dica don In writing), ,sunless the price is-- (1) Based on adequate prig competition; air MSS a L"W Gow nff"It GSA FORM 3517 PAGE 4 0WV 1,11► (2) Based on established catalog or market prices of commercial Items sold in substantial qua ntltles to tfw general pubic: or (3) Be by law or regulation. (b) The Contractor shall require the subcontractor to certify In substaMI* the form prescribed In subsection 1& of the Federal Acquisition ReguWm (FAH) tt>at to the best of its knowledge and beitef, the data submitted under paragraph (a) above were accurate, complete, and current as dI.the date of agreement on the negotiated price Of fttw aubcomact or subcontract moditation. (c) In each subcontract that exceeds $100,000 when entered Into, the Contractor shall insert either— (1) The substance of this clause, kv*jding this Paragraph (c), i pamgmph (a) above requires submisslon d cost or pricing data for the subcontract: or Modiffcciro The subsunce of the clause at FAR SZ215-25, Subcondractor Coat or Pricing Data— at. 21. DISPLAY ADVed pERTISING (APR 1984)I the ' or over the premises, sunless aremim are uthorized by for Government use, O matter shall be cartstnxted on 22. SM270-15 - APPLICABLE CODES AND ORDINANCES (JUN 19" The lessor, at{ part of the rental ccnslderaft% to comply with aw and ordinances applicable to the ownership arid operation d the a��whicti the leased�spaCe b ahuated and. at his own expense, to obtain all necessary permits and tams. 23 SZ233-1- DISPUTES (APR 1984) (a) This contract Is subject to the Contract Disputes Ali of IM (41 USC 1101-613)(the Act). +mA)(b) Except as pra+►ided In the Act. al disputes &WQ under or mWl VW tits coreact shd be rd under this clause. (c) 'Claire,' as used In this clause, means a written demend or written ass~ by ore of the %WAA m 09WAing parties seekk4 as a matter of rlgtx, the of In a sum certain, the acqustmem or of miract terms, or otter relief:W%Jndder or= to tits caaact. A clam arising under a corwarx, unlike a dakn to t o contract. Is a claim OW can be resolved under a contract dates that Provides for the raflef �g1t by the cWmaM However a written derne 1d or wftien assertion by the Contractor seeking the payment of money Ire i60.t)t!d Is not a cltYm under the Act until certified as "Ared by below. AvovouW&W, kraalM or Wm rattles request for payment that Isspu not In da W � Is not a claim u %W Me Am this subnAdoft may be cmverted to a claim under the Act, by with the *AxrMm and cerificadon I W%" "rearms d this cism m I Itis disputed ether as to Icarty or mount or Is not acted upon In a reasonable tune. (a) (1) A claim by the Contractor shall be made In wrltlng and submtted to the Contracting Officer for a written decision. A daim by the Government against the Contractor shall be subject to a written decision by the C Mmcttng Officer. cairns exceeding $50,000, the Contractor shall subant with the claim a Tate claim Is made In good faith; Supportlnq data are so rats and complete to the best of the Contractors knowledge and oeYef. and (0) The amount requested accurately reflects the contract ad Wmmnt for which the Contractor believes t o ©oMermwrtt is labia. (3) IIff the Contractor Is not an h&Adunk antllicatim shell a cutW bby-� A serAx company official in dwge at the Contractors plant or location involved; or B An d1krer or general pamwr of the Contractor having overall responsibility for the, conduct d the C xvictoes affairs. *9TV M9: A t wux Gawmm*m GSA FORM 3517 PAGE 5 (REV 1191) ((e) For Contractor claim of $W.000 or less, the Contracting Officer must, I requested in writing by the Contractor, rendar a decision within 80 days of the request For Contractor -certified claims over $50,000, the Contractor Officer must. within 80 rays, decide the claim or notNV the Contractor of the date by which the decision will be made. (f) hT ftC = *V OMcWs decision shall be Mal unless the Contractor appeals or fifes a suit as Contr�acd 0 Officer r recelvess th6 C1Nrm r.". e�rly�CertlAed I rreqarnwnt �uhtd�j, a � datunpaid e paymentom otherwise would be Dpyw. dthat I date is later, urd thine date of payment Simple interest on claims shall be paid at the maid fixed g which the the Contractingd0�flber� as provided h the claim and e Act, which is applicable to the period dudnperiod as fixed by the Tnss<xy Secretary durinpdg the pendency o the dhen at the ati. applicable for each 8-`month . .. ., . . ., 24. SZ215-1- EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (APR 1984) (a) This clause applies If this cawact exceeds $10,000 and was entered into by negotiation. (b) Tthe Comptroller General of the United States or a duly authorized lop Wentadve from the General Office shah, until 3 yyears after Mal under this oatraxt or for any shorter period specified to ederel Acquiaidon Re on (F Subpart 4►7, Contractor Records Retention, have accsas to and the to examine any of the Contractor's directly pertinent books, documents, paper, or other records invok" trarmaatiorm related to this contract (c) The Contractor agrees to kVkide Infirst4w under this cartraot a clause to the effect that the CompmW- General or a duly authorized representative from the General Accounting Office WwA until 3 yeah alter Mal primertf under the subcontract or for any shorter period specified in FAR Subpart L7. haw access to andThe y to examine o the acrbcaroactor's clrec�ty pertinent books, documents, paper, or other rscorda� related to the subcontract "3ubconttaMl ass used h this clauft excludes (1) purchase orders rat exceeding $10,000 and (2) pubft pus are for conne�iN ctiomat rates established to apply uniformly to the applicable reasonable (a) The periods_ of mom and eta kweion h paragraphs (b) and (c) above for records relating to (1) appeals urxier the Disputes clause` (2) litigation or settiermant o claairrm arias from rite performance of this contract, or (3) boss anti expenses ofttie cores ct to which the General or a duly authorized repress It from the General Accounting Office has taken exception shall continue until such appeals, idgoft% clatrrm or a umopdone are disposed of 25. 552.21 i-70 - EXAMINATION OF RECORDS BY GSA (APR 19" (Applkable to teases which exceed SMOOO.) The Contractor agrees that the Administrator of General Services or any of his duty authorized reprew KRUVea shot until the expiration of 3 years after Mal ppaayyment under this contract. or of the time perlods for the particular records specified in Subpart 4.7 o theFederaf Acquisition Regulation (48 CFR 4.7), whichever expires earlier. have access to and the right to examine any books, documents. paper, and records of the Conwactor hvolvhg transactions related to this contract or compliance with arry clauses thereunder. The Contractor hirther agrees to include In all his subcontr m hereunder a praision to the effect that the for agrees that the Administrator of General Services or arty of his duly authorized representatives shalt until To expiradlon of 3 years after final under the B `act. or of the time for the particular records specified Subpart 4.7 of the Federal Acquisition Regulation (40 CFR sIn7), whichever expires earlier, have access to and the 60 to examine amf books,docxxnerts, papm am records of such for. involving transactions related to the or oompilance with any clauses thereunder. The term Isubcontracr as used in this clause excludes, a) purchase orders rat exceeding $10,000: and (b) subcontracts or purchase orders for public utility at rates established for uNform appNcabSry to" generaloutft Whr+u,S. a u e"M G_ GSA FORM 3517 PAGE 9 MEV 11e1) 2& 522W4 - GRATUITIES (APR 1 mm) ({a) The right of ttw Contractor to proceed may be tem�rted by written notice it. after notice and hearlrmg, ft agency head or a designee determines that the Contractor, ib; agent, or another mWesentadvem— (1) Offered or gave a gratuity (e.g., an entertainment or g" to an df . official, or employee d the Government; and (2) Intended, by the grabutty, to obtain a contract or favorable treatment under a contrail. (b) The facts supporting this determination may be reviewed by arty court having lawful wrlsdI=m (c) If this contract Is terminated under paragraph (a) above. the Govertunert is entitie6- 1 To pursue the same remedies as in a breach of the contract and In &&Udon to any other provided by law. to �da�maaggesfn concerned, nor more than 10 tames throe cost tmctirredd�ttme Contractor h givhgng contract moneby y agency opriat�ed to the Department of Gefsrme. (o)C� Is applicable or*r if tt�a In addltiort to o er andaremedles oMdedthe m Eby � or urXW in Mis � shall not be excwsMe and are 27. SSZ203-5 -COVENANT AGAINST CONTINGENT FEES (FES 19M (a) The Contractor warrants that no person or agency has been red or retained to sotkA or obtain this contract upon an agreement or understar ding far a contingent foe, except a bona fide employee or agency. For breach or violation of this , the Govan mri shall have ttme to annul this contract without labilky or, h its discretion, to o� from tM cont4rac t price or or otherwise recover the U amota of the contingent Is& (b) 'Gone We v ksr*W re estattee agentuseds bro �j,'rna aine tb yy established « tt i pap or a securing b that "Other am" nor proposes to exert irtmproper irdfiwwo to "ok or obtain Government contracts nor holds itself out as behp able to obtain any Goverr><nent cantract or cortraca through improper WLWC& Ikm to Cortr�ac toes supeivissiionnus"ed contrd asto, � plain amend r p, w«ho r�iekriers` blect emu nor proposes to exert Improper hfkuence to so&* or nbuil Govern mint contracts nor holds out as being able to obtain any Qovermw t contr= or omMb is through htpr+ w Influence. VontkX" he,' n used in flee cause, means array conv*wkx% porcentlrge, brokerage, or other tee that Is con dngent upon the sucom that a person or aoncem has In sem tV a Government contrw% hrr►prroper infkAnae,• as used in this clause. means any hilt,ence that Induces or tends to Induce a basis other thane Nmerls of the ma � � or to act raga ilk a 0wernment contract on any 28. LUM24-71 - PROMPT PAYMENT (APR I The Govwvnent wfff make payrnarts under, the terms and oormdkiorms specifled h this clause. Payment shallbe cortaidered as be me& an the days �sd an funds transfer de. Is maAll days raferred to In this an calendar o0terwhe specified (a) Payment due date. Rom shell pald workday d each (lmontlbye l, and oNy ovlded for the basemormthy In arrears and willbs on on the Om (I) When the daft for comn encetnent of rent fafls on the 15th dear of the month or earler, the Initial mondmfy rental payrrert under Oft contract anal become On on the first workday of the month following the month In which the ofthe rent is affective. M When the date for commencement of rent faits after the i Rh day of the month, the initial wnAts: �a lessor Gov� GSA FORM 3617 PAGE 7 (ANY I NI) mouthy rental payment under fhb oontract anal become due on the first workday of the second month folowing the month in which the convommmxmi II01T*rertleaffective. 2) Otherfps payments. The due date for ma" payments other than rent shag be the later of tl e ftflowkv two Contractor. 0) The 30th day after the designated b4hng office has received a prosper invoice from the The 30th day after Government acceptance of the work or service. However. if the designated b office fefb to arxiotate the Invoice with the actual date of receipt, the invoice payment due date steal be deemed to be the 30th day after the Contractors invoice is dated, provided a proper invoice Is received there Isno dhaWeernent over quantity. quality. or Contractor compliance with contract (b) Invoice and inspection rsq<uiraannerlts for payments other than rent. ((,) The Contractor anal prepare and PJWA an Invoice to the designated billrtg oHka alter comps nof the worn. A proper Invoice snap Inckudo the following; Items: Nam ,and addrou of the Contractor. Invoicdate. Lem number. Goverra is order number or other authoitsdom Description, prim, services delivered Name and addrmofContractor quwft aofftal work o whom payment Is to be sent (mwt be the same as that In the remittance address In the lease or the order.) notified in th(A Name e of ( def practitive able), title, phone number, and malting address of person to be services c The Government wl hspeot and determine the tity of work performed or within 7 days after the roes" of a proper or rwthe work of compietion of the work or services unless a dlferet period Is specified at the time the orders s if actual acceptance oocu s pater, for the purpose of the paymet due date and of Interest, acceptance wil be deemed to occur an the tact day of 7-day Inspection period H the work or service Is ritedd for fait" ttto conform to the tednnlcal requirements of the contract the 7 days wit be counted beginning with interest unkm actual soceptarxrea new invoice or �by the ( in �menntt or b not entitled to any RaY (c) Interest Penalty. (1) An interest penalty anal be paid aAWWIW4 by the Govenuriet. without request from the ContraC(ar, T Trio ware Is not bar the due dace. (� fw lnteest at►ar be at the roce eata�bibtied by the 3.cxetary of the Treasury under Section , of the Contract Disputes Act of I M (41 U.S.C. 011) that Is In .Hest on the day after the due date. This rate Is referred to as the'Renegodatbn board Interest Race.' and it Is published In the Feder 82gly semtarwK aly on or about January 1 and July 1. The irarft penaly sW accrue y on the payment amount approved by the Goverxment and pe compounded Ih 330-day hawementsinncclusive from the first day after the due data through the payment date. (3) Interest perms wil not continue to acaue after the QV of a cIWm for such penalties under the e � at SZ233-1. Disputes, or for more than 1 year. Interest penalties of less than $1.00 need n bor (4) interest penalties are not requlred on payment due to disagreement between the Govemment and Contractor am the payment amount or other issues involving contract compiLsme or on amounts temporariAr withheld or retained In accordance with the terms of the contract. Claims ing WwoNdisputes, and arty Interest that may be payable, wll be resolved in accordance with the clause at 52-233-1. Disputes. 29. SU232-72 - INVOICE REQUIREMENTS (VARIATION) (APR 1966) (This clause applies to payments other than rent:) (a) Invoices steal be submitted In anoriginal unless otherwise specified, to the designated NOV office specified In this t contract or ran delivery order. WgrWAAW a Uma Gov wwR GM FORA 3617 PAGE • OWV plat) the (bow kNdM Must kXk1dQ ery order. the Accounting Contra Transaction (ACT) r"tlber provided below or on ACT Number (to � supplied an individual orders) (c) k irf«matlon or documentation In addition to that required by the Prompt Payment clause of this contract is required In connection with an invoice for a particular order. the order wiU indicate what Information or documentation must be submitted. 30. SZ232-23 - ASSIGNMENT OF CLAIMS (JAN ION) (a) The Contractor, under the Assignment of Claims Act as amended. 31 USC 3727. 41 USC 1 S (hereafter referred to as the 'the Act'), may n ks nigtrts to be paid amounts due « to become due as a nwA of the pp of this contract to a trust company, or other tr� institution, including any F�ederalerldktg agency. The eesigttiee under such an aasigmtent�may t�lereafter further �nor reas eceding � under the original assignment to any type of Mndn ag loon described in the (b) Any assignment or reassignment authorized under the Act and this clause shall cam all unpaid amounts payable under, this contract, and shall not be made to more than orae party, except that an assignment p «h � may be&Wxing of this y one party as agent «tnmea icx two or rtane parties document (cam C;oQnclu trng o �acx))oor iinforra-Mon relish or disclose ated to any work undesignee r contract i the Contracting Offker authorizes such action in writing. 31. SZ223-2 - CLEAN AIR AND WATER (APR 19U) Ulppficable to teases which exceed $100,000.) (a) 'AY Act.' a, used in thM clause. means the Clean Air Act (42 USC 74CI st so%). 'Chan air standards,' as used In this clause, means (1) Any enforceable n** regwak practices, or ottw reutaflons, guidekws, standards,1mitations, orders. controls. u undr 'Act orec+�tiv+� O 1 t738; sCNIAtUd the Air � iswed under. or otherwise adopted (2) An applicable irnplemalation plan as described in section 110(d) d the Air Act (42 USC 7410(d)); An or plan under aectfon 111(c) or section 111(d) of the Air Act (�i2 U8C T�11(a) or ); or (4) An approved procedure udder action 112(d) of ttw Air Act (42 USC 7412(d)). 'Chan water standards,' as utdw gqsa�d in Oft c*uae. means any vtorceabie ln*aft% corm c ondkion, issued to a spermit ischar . « the Ennvirorlmerltal Pwrwl ro edtim ulgated or� oar by a Swe Linder i Wow Act � app tract to a a��with prvie tmernction ait2regutaclons as requiredof by sectim 342)307 d the Act (33 USC 1317). 'Compliance.' as used In this clause, rnwd compilarm wkh--- 1 Clean air or weer standards: or Envron A car ordered «approved by a Daft of cat rtent �uriadidion. the . « an air or water pokAlon cartrd agency under the requirements d the Ar Ad «Water Act telatad regulations. 'Facilty,' as used in thb clause, means any baking, plant, insW atla Wucture, mine. vessel or Other floating cxeft, location, «site of operatioru, owned, leased, or vxwvvbed by a Contractor or used In the pwkffrwci of a contract or subcontract. When a location or eke of operations includes more tw one fitant. ration, or wu t m the erxrs location «site shall be deemed a facUity except when the Adirkikstrator, or a , of the Env wvnentai Protection Agency, determines that independent facilities are collocated one geographkNg area wrrw.s���a Lena 00mr wit GSA FOAM 3517 PAGE 9 OtEV 1 N1 i water Act,' as used In this done. means Clean water Act (33 USC 1251 a 86%). (b) The Contractor agrese-- ((1) TO npy Wkh d the requirements a section 114 a the Clean Air Act (42 USC 7414) and section d08 a� Chan Water Act (33 USC 131 a) relating to spection, monitoring, entry, reports Watt1 ft Ac�a d al regulations a SuideNnesOther nlqjkehWM �i ified o Implement those and section before theward dams the (2) That nopod to work d�soateIlisted on theroProtec ion Awl � VMN Facilities on ft dwhen was awarded unless and urd the EPA eliminates the none of the hcitity from the fisting (3) To use best Ol its to comply with dears air standards and Been water standards at the f cft In which the contract is behg performed. end jtjoroi )nthe substance a this dam into any nonexempt subtract. h *x" this hp, 32. S2.222-28 - EQUAL OPPOFT UN Y (APR 1984) (APPiic" to arias which succeed $1 Q,000.) the Gattractor hessbbow or awarded nonexempt Feldeaai contras �tttat , wa value in erase a $10,00Q,the Contractor ehal comply with subparagraphs (b)(1 through (11 bsiow. U request the Contractor shah provide Information necessary to determine the �► cause. (b) DxkV pwfmnkV this contract, the Contrutor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment became of nice, color, religion, sm or national origh. (?,) The Contractor shad take of Irrmadve action to ensure the applicants are employed, and that employees are treated during emplvym nt, withma to their race. color. religion. sex. or natlonel orlgh. This shah include, but not be limited'to. (1) c=rnert, M (iif) demotion, (iv) trensfer, v) reaultmert ore�nenteselection � rat�,ay es of pay or other burns a (� h*xlng apprenticeship, The Contractor shall post in conspicuous places evallsba to employees and applicants for employment the notices to be provided by the Corwacting Officer that expRM this clause. ((4)) The Contractor shah. In solicitations or advertisements employees placed by or on babas o/the Contractor, state that d quaNNed apple arts will receNaon wiclerstlonforemployment without regard tq race` color, rdgkx% seat, or national orlgh. (( The Contractor shah send. to each labor union or representative a workers with which it has a collective I or other contract or urnderstandin¢ the notice to be provided by the CAntracting the labor %xft or workers' represerCOWS a the Cormtnerns actars commltE under this eppkaft Buse, end copies a the notice in a� places eva0abie to employees and (6) The on� Od campy with Executive Order 11248, as amended, and the rules, regulation" end orders of the Secretary of Labor. M The Contractor e m furnish to the � agerxy all information required by Executive order 11248, as amended, and by the rules, regula(jorls. and orders of the Secretary of Labor. Standard Form 100 tEEO-1), or any suareasor=eIr"W"""obdWoward. form to be find within 30 days following the award, unass f8ed withfrm 12 months (8) The Contractor dW permit access to Its books, records, and accounts by the contracting agency or the Office of Federal Contract Compliance Programs (OFCCP) for the purpose a investigation to ascertain the Cantractor's complionce with the appkAWe m" regulations, and orders. (9) If the OFCCP determines that the Contractor is not in compftm 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 pan and the Contractor may be declared ineligible for further Government contracts. under the procedures auftfted in Executive Order 11248, as amended In addition, sanctions may be Imposed and remedies invoked against the Contrecttor as provided in Executive Order 11246, as amended, the rules, regulation, and orders of the Secretary a labor, or as otherwise provided by law. (10IThe Contractor shalt include the terms and conditions a subparagraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, n �I or orders of the Secretary a Labor Issued under Executive order 11240, as amended, eothat tenor end conditions wiq be binding upon each subcontractor or vendor. WAS:�a_ lava Gowtntn�nt SSA FORM 3517 PAGE 10 (REV 1 /91) (al«ressaction with e�°f e � er as the cocoac age may direct amear a w*wchV the an�itiora sanctions for noncompliance; provided, that I the Contractor becomes irrmN*d In, or is threatened with, litigation enter tt subcontractor or tvendor o protect the kresult d atec UnitdVecft% the ed Srtatess. or may west the (c) Notwithstanding ary other clause in this contract, disputes relative to this clause will be govemed by the procedures in 41 CFR 60-1.1. 33. 52.21" - UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS (FES 19W) (Apptkable to leases which exceed $10,000.) (a) h Is the poky of the United States that -small business concerns and small business corx ma owned and cArtrotled by and economically disadvantaged Individuals shall have the maximum pracdcable opportunity contracts and suubcontra�M for subsystems, assembliesin perWmhg , � C by wand wed service for Im�ajor systems. It Is hslw the poky d the United States that Its �conOracton establish procedures to ensure the timely payment of amounts due pursuant to the femurs of their sut"Vacts with small business concerns and small business concerns owned and cartroged by socially and economically disadvantaged Individuals. (b) The Contractor hereby to carry out this policy In the awardkKi afspspbcor bats to the fullest extent consistent with contract pedornrnance. The CortractOrhrt agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awardN agency a this United States as may be necessary to determine the extent of the Contractor's clause compliance with (c) As used In this contract. the tern %md buskmm concern! shall mean a small business as d0Wd pursuant to section 3 of the Small BursinanAct and relevant ragA bme prwxAgated pursuant thereto. The term %rnal buW*u concern owned and controlled soday and dlsadvarttaged Y7dhriduab• shah mean a anal buminess concern (t wNch b at Isest lit percent uncondliornaly owned by one or more sociialtyy and ec0nornnicaM Individuals; or. in tie case d any publicly awned business, at beast at per csrtun d stock d Mrhich Is unconditionaly owned « owd by ore mare socially and ec«nomicay disadvantaged Individuals; and whose management and daily business Operations am controlled by One Or 16KX e d such individuals. term also means a small business concern that b at Ism 51 percent unconditlonaly owned by on soonorniCaRy dIsadWMged Indian tribe or Native Hawaiian or a publicly owned business having at least 61 d Its stock uncondRbxnMy awned by one d toss hell Its n nanagand d business ControNed by nembifs d an a disadv�rntsSeO tndan Onor Move Hawalan anal wlnian meets tune of 124. Tn. contractor anal presur a that socially and lrrdlviduab Incllyde Black Ameuicana, HNpanic Americans, Native Amerkrna, aAaiar�-Pacft Subcorttrent Asian Mnsrtam and ottner mknorki0% or any other kndlvidual found to be dbadvartaged by tie AdmWstratbn pursuant to section 8(a) of tie small BusYness Act. The Convactor shall preskrne that socially and econonft* deadvanta§ed entities also include Indian Tribes and Native Hawabn 34. 5=9-13 - VMJZATION OF WOMEN-4MED SMALL BUSINESSES (AUG 198M (a) wornen•cwned small businesses,• as used In thb clause, rneans businesses that are at least 51 percent owned by worrnen who are United States cozens and who also control and operate the business. •Control,• Mused In tins tsetse, Rear» exel dab the power to make poGN. decisions. ou s • as used In this clause. means b*V activey irwotved In to day-to-day management of the HMO/ 6!Y'' a rases GowmntMt QSA FORM 3517 PAGE 11 XV 1 At? Ima! business concern/' as wed In this clause, means a corcem kx*jdoperation in wing Its aff llWes, that is h It Is bWN on Ciovertxn ccontracm amend qualified as a"b operated, riot dor� In t1v field e de to criteria and We standards in 113 CFR 121. (b) It le the of the L ted States that women -owned small businesses shall issue the maximu� practicable to participate in performing contracts awarded by any Federal agency. c) The Contractor agrees to use Its best efforts to flies women -owned small businesses the pwithbractica� le Ir_ __ un pWWJ)MO In PaWmance or Its VW subcontracts, It awards to the hAW e�aer►t ( Contractor may rely on written representations by b subcontractors mgarding their status as Woffmlr_� small business" X Z�-W - AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM ERA VETERANS (APR V pllcable to Man which exceed $10.000.) (a) Detknlliona A . office of the State ernploymiant service as used in this clausal means the local fte o� 1 the edera -SM national system of offices; assigned to serve the area where ft employment operlk is to be filled` incur District of Colu r" Qu tm, Puerto Rim Virgin Islands. American Samoa, and the Trust Territory of the Pacific Islands. LF.1 - « . . ..... I. Y. . �.- - •. 8�Op that the Contractor proposes to A under a customary and traditional employer-unbn hiring . as Deed In this ustom, `Mans_ Oj/IT1ent l t hft iring f 1pr'OpOses to M from union hallo under their amtornary and employer -union ill. ' as used In this claVe*- u - time ,,IV . _-P 2 « • • 1 1 • • • • • • •.. • 1 • {{b�) General. (1) Regarding any position for which the employee or appliccaM for employment is Cualifled, the Cantrarxor shall not discrimkWe against the MMduW because the individual is a special ddisabied or Vietnam era veteran. The Contractor i�rre a to take afffrmatNe action to employ, advance in employment. and otherwise treat qualified special ci&sabied and VWMam era veterans without discrimination based upon their disability or veterarW status in all emp"we practices such as -- lei -is' 1 1• Pirrft$:&!! • L"W Gaft"WwR GSA FORM 3517 PAGE I2 (FiEV INS) (2) The Contract agrees to comply with the nodes, and relevant orders d the Secretary d Labor (Sec r%ry issued under the Vietnam Eran�Readjwtment Assistance Act of 197"t (the Act), ad amended. (c) Listing openings. (1) The Contractor agrees to list all But" empkyment oWings existing at contract award at occurring during oontract performance, at an a e Brice of the State employment service system In the locality where the opening TrIeW openings include th(M occurring at any contractor Mallity, Including one not connected with performing this contract. An independent corporate efffBate is exempt from this rre�qqu�irement. State (2) Se and local govemment agencies holding Federal contracts of SM000 or more shall also 19 all their suitable openings with the appropriate duce d the state em&yrnent service. (3) The listing d sultable meet openings with the State mph service system is �uhd at least concurrently with=arty other recruitment source ore a�tc� and involves the gati ' of placing a bona We job order, including accepting referrals d veterans and nonveterans. This listing does not require hiring arty particular job appdcant w hiring from any particular group of job applicardi regulations concerning nningg nondiscis not intendedriMove mination riminatianIn a rr a r� any requilremwas a Executive orders or (4) Whenever the Contractor becomes coftractuafto bound to the listing terms d this clause, It shall advise the State employment service; system, In* each a where It has estabibhmerna, d the name and location d each hMng iocaslon h the Sstyastte. Aa long as the Carmtrac too is, conftwtualy bound to these terms and has ubsequent conmKft The contra or mayeavoaed �dviseetthee State"arm It it advise not lloongerir by e system M contract clause. : ( Under the most compelling circumstances, an employment opening rosy not be suitable for listing, Mm rg skusdons when m the Governrrmert s needs cannot reasonably be supplied, (1) !sting wodd becontrary to National security, or (iri) the requirement d listing would not be in the Government's ..i 1 • . .. Mr7o 1.7'gTgT .. ... • • . .. • 1 1 • ..•. er • • • • C •� •. YI • • • • • • 1 w • . • .• 2,11 all:• 1 • • •� 1• • •. .. • • _ . AlAN • •.•1. a �� 1 • - �• (s) Postings. (1) The Contractor aaggrees to post employment nodces statlrmg (q the ntr Coactor's d�ration under the law to take aAlnndive action to employ and advance;n employment qua1W special bled veterans and veterans d to Vietnam era, and M the rlghts of appiwo and ees. (2) rhase notices shall be �u__ posted in ply are avalable to and Co pTh ap�d Pnog trtd Pvctor), and pmvkWdb�yt that the Girs�ctor. Otliw of sclera! Conttraa Labor by or dwough the ContractkV The Contractor dW ttr�yy each labor union or n entatfve d waters with which R has a cocllve agreemtent or contract that utdsrattM lleCawador Isbound by the tenors d the le and own1led to take affkmmative action to arttploy, and advance in employment, quaiitled special disabled and Vletrwn era veterans Noncon actlons may taken «under � loncornply erdeivorderers of the Sw*ary � pursuant to t I�t. p Subcorttrac tL The Convaaor snores include the tom » d this ftm in awry t ftMract or TheContractorsldaSii' a a sspeccMedor mom " byytt o ova toyed`M at m�s,'Irtr«.ludkag fbr 'r't�' 38. 52222-37 - EMPLOYMENT REPORTS ON SPECIAL, DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA @ AAR 1987 ) (Applicable to leases which exceed $10,000.) (a) The Cortrar W agrees to report at least am ualy. as n K*W by the Secretary d tabor, on: wrwe•�Q��` a tMso► c3ov«nm�rR GSA FORM MY PAGE 13 (REV 1191) (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 hMng location; and (Z The totail number of new !ffldyees hired during ft that total, the numbeber special veteran nand hummberr f vets of thee Vteon� aim era.nd a (b) The above IE Ecr Vhall be reported reported by compietIN the form entitled Federal Contractor Veteran (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 (8)(2) of this louse shd reflect total hires during the moat recent 12-) of tr period at of the ending date selected for the emp�ment praise report required by a1(1) a this clause. Contractors may select an ending date: 1) As a the end of �y ppaayy ptrrioddur ng � perbd January through March 1 st of the ear the report is de, or (2) as a Cerra ssi t if the o or has previous written Employer lnffm Equal A�ER�p� rt�► '� to do so for purpose: a suaNmng the Employ Form. (e) The count of veterans reported according to paragraph (a) of ON dam shah be based on voluntary disdoalue. Each Contractor subject to the reporting ncpkwwo at 38 U.B.C. 2012(d) shall invail ?ocW d1sWed veterans and veterans of the Vietnam era who when h to befit under the aiftrmadvite e action �r1 at 38 U.B.C. 2012 to themselves to the Contractor. The invitatlon shall state that the infc�nnadon is vokxltaryr provkde4 hltormatlon willbe kept corlfldentkal. that or rek" to ny advem treatment. and that the Wor�matim will the " in regulations �prom under 38 U.B.C. 2012 $10,0000or ormore unless �nptedd by � or orof Oft clause ders rs of the Secretary. or purchase order a 37. SZ222-38 -AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (AM 19") (Appicabte to leases which exceed S&S00.) a) Gen" (1) Regarding any poW_m for which the employee or applicaemployment nt for is gAd14 the Contractor shall not discriminate against any employee or applicant because of physical or mental handicap. The Contractor agrees to take aAlmmatIve actlan to . advance in emoloyment and otherwise treat qualli'1ed handicapped Individuals without dimlininadort based upon their physical or mental handicap in all employment practices such as— U •• (2) The Contractor to comply with the rules. regulations, and relevant orders a the S of tabor (Secretary=issued under the RehabiiRador �1ct a 1873 (29 USC,7P (the Act), as amended (b) Postings. (1) The Contractor agrees to Post employment nodose stating (1),the Contractors obligation under the law to take aAktnadve action to employ and advance In employment qualified Nand individuals and (q the rights of applicants and employees. (y These notices sNal be posted In caare avaltable to em eands� ;om Wm Programs,DepwM*t a tabor (Dkector). or employment. They shall be In a form andby or through ft Contracting Ths Corntractor shag nay each Iabor unk>n or representable a workers with whk;h it has a cotlective rrnngg a��e�nent or otfter contract under -standing, that the Cawactor is bound by the terms a 503 d�ttdi Act and is conuniued to take affirrnaiWe action to employ. and advauice it employmnent, qualified PhYsk:aAf► and merttagy handicapped kndNfduals. iwnA�s!���a �«.a Gov�rnmwM GSA FORM 3517 PAGE 14 V%V 1191) (c) Noncom -in arxaey. If the Contractor does not compty with the requireruents of this clause, 10t. may to tt�e J1 be taken under the nAes, regulations. and relevant orders d tt o Secretary (d) Subcontracts. The Cortracxor shalt Include the terms of this clause in every subcontract or pis hale order in excess d S2.5oo UnleSs exempted by rules, regulations. or orders d the Secretary. T1 Contractor aW so as specified by the Director to enforce the terms, including action for 31L 62219-9 - SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (FE81990) oppiicabie to leases which exceed SS00,000.) This ds kncormates the clause at FAR 62.21" by referenca It has; the same force and effect as I It were included In full text. 39. 1SM9-tE LKXXATED DAMAGES --SMALL BUSINESS SUBCONTRACTING PLAN (VARIATION) (AUG I M) (a) 'Fsk re to snake a good faith effort to compy with the etboor plan,' as used in this dwise, means a wNU or intentional failure to pertomn in accondance with the rKpiremern of the ppwn approved under the clause in this contract entitled'Smail BUaltteas and Smafi Disadvantaged Suatness Subcontracting Plan, - or wfilhtl or Intentional action to frustrate the plan. •• 1 • • Y: • 1 it • • • I• ...• r• •1 •.11 • • • - .• 11-4 (c) Before the Officer makes a final decision last the Contractor has failed to make such good faith effo t I Oftk;er shall gke the Contractor written notico the falkure and p�m the oonua= to demorame what good With efforts have been rtts�de= to V reaportd to tM n tla may be taken as an admission that no veld a tanatlon a dsta. k a0t r consideration d a1 pertinent data/ the Contracting OfScer finds that the Conxractor tiled to make a good faith effort to COMOY with the per, the rx wa Oftker ohd lam a Anal decision to that effect and that the contractor pay A Goverdamages as MmkJ@d 1n paragraph (b) of this (a) The Contractor *W hoe rW9 d aappeaf. under the dam in this contract entitled Disputes, from any " decision d the Caeracting Officer. (a) UquWabd damegee shall be In additions to any other remedies that ttw Government may have. 40. SZ2094 - PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR OEBARI RENT (MAY 1989) Con(a)traThetors ahG al rnimot r t or debars Cor&wtom.to protect tte l' wwment'a interests. has been debarred, suspendK or prop ern t�unless theswees dre Is a OQa reason to duo so. A a Contractor Intends to subcontract with a party that Is debarredd, suspended, or proposed for debarment (ass FAR 9.404 for klformation on the IN d Patties Excluded from F"r "ement prams). a corporate omew or designee d the Contractor shall no* the Contracting Ofttcar, in writing,. before entering ktto such subcontract. The notice must MKfude the idiowhg. (1) The name d the subcontractor. twtNls���a t•a�or Oowmm.ne GSA F(NtM 3517 PAGE 13 (REV 1191) ( The Cornrac3ora knowledge of the reasons for the subcontractor being on the go of Parties Excs<,de0 horn Procurorttent Programs: (3) The cortxreaaon(s) for doing business with the subc ontrac for notwit ntanding Its Inclusion on the fbt ofPartles Exckxded from Procurement Programs; and (4) The systems and procedures the Contractor has established to ensue that it is fully pratthe for the ectingparty's debamwrtta ssusperwkx% o pproposed debarmeMs or in view of the specific bast` Contrra)c for Purchasing "ern The Coitractor's Reviews (see FAR e with the Subpart 44.errier"3j. will be reviewed during 41. 52200-7 - ANTI-�ACK PROCEDURES (OCT 198M (a) De mitkxts. « - - . • • • •�• • • 1 1 r• .1 • a 1 • w• 1 •! • ►• 1 • it 1 • •1• r F• • • - '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, materialsa, equipmenta or services of any kind. 'Prime Contractor,' as used in this clause, means a person who has ordered into a prime contract with the United States. of aTprfrrie Contractor. rime Cwmxtw orriployes,' as used in this clause, means any offter. pactrter, employee, or agent 'Subcontractor,' as used in this clauael, (1) means any persona other than the prime Contractor, Who offers to furnish or hur>iatnes any supplies, materiahk wkfi or services of ary kind under a prime contract or a subcontract entered into in connection wiffi such prime contract. and (2) inGudes any person who di" to Unish or hrrrtishes general supplies to the prime Contractor or a higher tier subcontractor. bowtctor raemployee,' as used in this clause, moans any dlicer, partner, employee, or agent of a tr. (b) The Ard4Qckbadc ACt of 1906 (41 U.S.C. 514M (the Act), prohibits any person from — (I Providing or attempting to provide oro�n� to provide arty kickbadr, Sog(( Ilrck tang, or attempting roarrto� a � kicckb�ack o � contract pie wed by a prime Contractor to United States the contract price charged by a subcontractor to a prime Contractor or higher tier subcorMtractor. (c)(1)The Contractor shall have In place and follow reasonable procedures designed to preverd and detect possi � described in paragraph (b) of this clause in its own operations and direct mWonipsl (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 DOSIM a violation. Such reports shall be made to the inspector general of the contractim agency, the of the contracting agency if the agerxy does not have an inspector generai, or the Department of (T C -*Woescribed inarr shpalll roc )ooppoMeof this �� any Federal agency investigating a possible violation(4) The Contracxing� 1 - ebr may (i) drsct the amount of the kickback against any monies owed u+nuLSA . a Losm Govwmmm OSA FORM 3517 PAGE 10 (REV 1191) by the United $fates under ttti prime contract and/or M drad that tits Prtms Contractor withheld from sums owed a Or under the prime contract, the amount Of the kk:kback. The Cont racxfng Ofter may order that Monies withheld under subdivision (c)(4)(11) d this duwe be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4) 0) of this clause. In the either case, the Prime Contractor shall notlfy the Corsracft OMcer when the monies are withhold. (5) The CCnUV for agrees to hcorporate the substance d Oft clause, hdL&V :ubpaWraph (c)(5) but excepting subparagraph (c)(1), In all subcontraM under thin contract 4Z 5222034 REOUIREMENT FOR CERTIFICATE OF PROCUREMENT fi+ITEGRfTY - MODIFICATION (NOV 1990) (Applicable to Wases which exceed $100,000.) (a) Defin The delirAb-a set forth Ir4FAR 31044 are hereby Incorporated In this clause. when ) The contractor agrees In, cocor with the wecutlort d nM c) ti this contract. CERTIFICATE OF PROCUREMENT MITEGRRY - MODIFICATION (�OY 1990) (1) 1, tName d cart , am the officer or employee for the d this modification proposal and herece that. to the best d hedge and bellelf, with the exception Of &r hformiiiWn describer In ft cerIVIcation, I have no Mlfonmatlon conerrkq a violation or possible violation d subsectiorm 27(a), (b), (d), or (t) d the Olk al Federal Procurarnente �P'oky Act. ss amended* (4c 1U.S.uct d to as va Achy. as implertMrke I In the FAR occurring dudN the (2) by aubeectbrt 27(e)(1)(!3) d thta Act,1 A,rthter certMy that, to the best) of my_ krtowkdge and bepef each dflcer, employee, nepnesentative. and consul�trtt d lL4d1 who tms ppaarr eel peraataly and auba M the pn�on or subrrhWon d this has cermw Ito she is MAW with. and wi Comply wfih, QM requi ernwa, of subsectfonAcLa27'(a} d the orposslbtekvbmlatbdn o„t� 27 ),' (d), br� Act. et violation h the F apertaining to this procsx�wner�t. p�h pip r s:ary 111681 CertKicatid i" tt �� �CorovAldon Shoo. UTff f3 -NONE IF NONE E)Q.3T6) RCT)ALRETEEECOACNOFFIER WILL COMPLETE SPECIFICALLY OEST IT WHEN NEEDED.) 7iTi • , • • •• 'i i •• Ti• ••• *Subsections 27(a), (b), and (d) are effective on Deownbw 1,1990, Subsection 27M b effective an June 11 1991. THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKNG OF A FALSE. FICTITIOU¢. OR FRAM CERTIFICATION MAY MTV". 4 L"W GovemmWe QU FORM 3517 PAGE 17 (REV 1 A 1) RENDER THE MAKER SUBJECT TO. PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001. (End of certification) (d) in making the certification Inparagraph d the certificate. the officer « employee of the competing Contract« respor�ible for the offer « bi0, upon 8 onetime from each �T � shall be obtained � � act«datesupplemented dlv�u is to -begins employContractor.ment association with the Contractor. a a Contractor decides to rely on a i executed pnlor to the suspension of section 27 (Ice., prior to December 1, 1989), the Contractor shall ensurs that an individual who has so certified is notified that section 27 has been reinstated These cer0f1colons shall be maintained by the Contractor for a period of 8 years from the date sutut, Mom a certtying employee's employment with the company ends or. for an agency, representative, or conars from the date such individual ceases to act on behalf of to factor. whige) The certification placed in paragrah (c)� is a notarial representation of fact upon reliance 43, 52203-73 PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER AC7NRY (SEP 19" (a) If the head of the contracting a�aivih► (HCA) « Ma « her designee deterrttY�es that there was a vitiation d subsection 27(a) of the Office Federal Procurenrnert P Iky Act, as amended (41 U.S.C. 423). as implemented in the Federal Acquisition Regulation, the Government, at Its election, may — (1) Reduce the monthly rental under this lease by 5 percent of the amount of the rental for each month of the yremaining term of the lease, including arty option perlods, and recover 5 percent d the already (2� Reduce payments forakerationna na included in nvr t* rental payments by S percent of the amount d the aksraFZEEflnr 4 « the artno(u�nt d Reduce� stkm subcon� placed. to exceed Lessor Prior to a noticethe inadon as sat brth above, the HCA or designee shall provide to the penbd determined by the apatcy heaaction d cornaidnot eredAm tessthart30 aler da after receiphe Lessor shall et d such-notice. to sutnmt in person, in writing, or a fie, information and argument in opposition to the nr000aed reduction. The agency ord"gnee may, upon good cause shown, determine to deduct teas than the above amounts from payments. to any other rights and remedies ofremedles the bylaw or ent specified herein are not exclusive, and are in addition 44. 52203-12 - LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JAN 19W) (Appiles to leases which exceed $100.000.) (a) 0 OAgmcy,I as used in thb clause, means executive agency as Celled In 2101. Covered Federal acxian.' as used in this clause, means arty of the following Federal actions: The awarding of cry Federal contract. The making d any Federal'm"' c The making of any Federal loan. The entering into of any cooperative agreemem e The extension, renewal, amenndrnent, or modification of any Federal contract, grant, loan. or cooperative agreement indwD" and Vibal QWaniz ' as used h this clause, have the meaning provided in section 4 d the Indian Selig-Oeterminatlon and Education Assistance Act (25 U.S.C. and include Alaskan Natives. wntu.sa Lear G VWnM fit GSA FORM 3517 PAGE 1A (REV 1191) as used In this clause, mearw making, with the Intent to inrtuence, dry comcnuNcatlon to or appearance before an officer or employee d any agency, a Member of Congress. an dfkwt or employee d Congress, or an employee of a Member d Congress In connection with any covered Federal Uc gowa=11 as used In this clause, means a unit of governw*nt in a State and. I chartered established. or otherwise recognized by a State for the pertormiuve of a governmental duty, including a local public authority, a special district. an intrastitte distrk;Y, a ccuncil of governments, a sponsor group representative organization, and w y.other instrumentality of a local government. '4foer or emobvee of an agy,• as used In this clause, includes the fdlowing individuals who are employed by an agency: (a) An khdividual who is appointed to a position in the Government under We S. United states Code. induding a position under a tern �• Code. ro) A member d the unNormed� as defined in subsection 101(3). title 37, United States #4�c A Government employee, as daftrwd in section 20�2. title 18, United States Code. 2Ndusl who is a member of an Federal advisory committee, as defined by the Federal Advisory, oo Act, We 5, United States Code, appendix 2 'Q ,• as used In sc . means an irxbtk at, corporation, ewparvy, association. authority, firm, partnersNp, and kxaluN enmtent, Tedless d whettwt such entity Is Indian ear�nizadon r prom witlth respect to v"nditwfbr prdIL This term e permitdbs an Indian ted by adw- er loorganizoionw. any otlier • as used In this clause, means, wkh respect to a regularly employed dfker or employee d any person, compensation that Is consistent with to normal compensation for with ttw Federal a-yeee work ermtenht. due Is not turrtisfwd to, not Mixed by, or not ftrrJM d In cooperation ,Reasonable i• as used In this clause, means, with respect to professional and other technical services, a payment in an a ONI that Is consistent with the amours wrially paid for such serAces In it» private sector. • ai used in thb clause, Includes the Contractor and all subcorltraxtors. This term excludes an Indian tribe, MO organization. or arty other Indian organtultbA with respect to o" dkUres permitted by other Federal few. 'Hwurliillt.lQmRtOxs�,' as used In tthb douse, mean», with respect to on officer or employee of a person ford receiving within a Federal contract, an offlm a who is employ by such Mroridng dye wit1 yen wool rely the date c� thi�subhission that Afycorwideratlon a wcft person for receipt a An Weer a se who is Wch person for less than 130 woew&MV days wkW 1 year mini tsy Pneedng ttw date a the that Initiates agency ca moderadon a such person sties be cahuidered to De regutary employed as soon as he or ate Is employed. by such person for 130 wort V days. UM• as used In this clause, means a State d Me United States, Ow district d Colxxnbish, the Commonweakh of Puerto PJ= a territory or possession of Ow United States, an agency or d a State, and nv -,State. regional, of iriw ace entity havinp garerreantai duties and powers. (1) Sealer 1352 d We 31, United States Code,_ other things, prohibb a recipient d a Faders! a ltract• grant. ban. or cooPerative� � approptlatud kxxis to pay arty person tot irftw ring or gmmvtirg to Mnfluerlce an or as agency, a Member d Congress, an dfket or emihpt0yN d Congress, or an N d«aiwr�et dt�tgress it corxwc�tlon with any d —.- Ow following covered Federal actions: Ow; et dry Federal contract; the d any Federal loin oar �eontp� Intao�rd &W axperadve agrsertwrrb or the moditadon d any F�contraM grant. (2) itw l� also regdres Contractors to hxNah a d oc losxxe F any fiefs other than Federal appropriated hx is (kti Wng proAt or fee received under a covered Federal transaction) j have been paid, or will be pa4 to emben far influencing or an to influence an offkor or employee d any bCoo ass in connection with ercorrtraofficer «c . grant. ban, ee ' «ive an snip" of a Member d L�sror OovwMnw* QU FORM 3517 PAGE 19 (REV 1191) (3) The prohibitions of the Act do not apply under the toilowin9 conditions: Am= and own GU The portion on the use of appropriated hind•,In subparagraph (b)(1) of this clause, does rat apply in the case of a payment of reasonable compensation made to an ower or employee oll a person requesting or ==i covered Federal action if the payment IS for agency and legislative ap isa�n activities not IS ed to a covered Federal action. (B) For purposes of subdivision (b)(3)WW of this clause, providing any information speci ically requested by an agency or Congress is permitted at time. (C) The foiowrng �y and legislative liaison r= are permitted at any time where they are rat related to a specific lion for any covered Federal action: , (1) Discussing with an agency the qualities and characteristics (including individual demonstrations) of tfte person'• products a seMces, conditions a tarrrts of aalar and service (9) Technical discussions and other activities regarding the appficadae or adaptation of the person'• products or services for an s use. pdw to formal salcitaatim y� Fed" action lialson activities am wed where they are ((1)) Providing any intermadon rat spedica ly requested but necessary for an agency to make an infoan d decdaio<t about irtitiatbn of a covered Federal action: to its offk al Tectinical disauslor» regarding the preparation of an unsolicited proposal prior an agency pursuant to the provisions of the'Smaq�usinass AAct, as� ed Pub 95-W and subseequeM aam permitted under ) Only those asu•e semis expiessly a'a1De0 by Of 1 ro)�� a this clause are clause, does not The ply h�a the use of appropriated Kroft in subparagraph ro)(1) of this Ir «, . �. . . pq For pjposea of subdivision =)M(D)(A) of this clause, •professional and technical services' sha0 be firtMt ted 0 advice and applying 1y professional or technical discipline. The following examples are rat Intended to al inclusive, to limit the application of the professional or technical exemption provided In the law, or to limit the exemption to licensed professionals. For example, technical of a legal document P�� a bid on the performance �Cr�pmroposal" by a lawyer b afiowabkL Similarly, equipment rends W directrovided ly ft nego�tlatiion of a f ocontract Is ��o+ capability �e� with Me intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant} are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the submission or negodation of a covered Federal action. Thus, for example, conx micationsp preparation, submission to influence made by a lawyer that does not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but gener advocate one proposal over anotl�er are nod aDowable under thin sectjon.because the bIawwyyer b not professional legal services. Similarly, communications with the WWX to k*-w ce made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal carry": ppl--a LMsa GWWnffWt GM FORM 3517 PAGE 20 (FW 1191) V._ are not allowable under this section since the engineer is providing technical services but not directly In the preparation, submission or of a covered Federal action. a covered Federal Sward (ncllude those required b low o«regulation p"uantands" oas th r�requ�irements ttfor he actual award documents. Only those servics�essy auftrized by subdivisi«m (b)(3)iR!(A)(t) and (2) d this cause are >K under this i M the reporting requirements d FAR 3.GW(a) shall not appy with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. The prohibition on the use of appropriated hrr* In aph (b)(1) d this clause, does not apply to the following selling aWAUes before an agency by sales representatives, provided such ac Mies we prior to formal sogOwtion by an agency and are speciicaly limited to the merhs of the matter. (A) Discussing with an agencydudhg hdNkfual demonstrations) the qualities and characteristics of the person's products or sermes 1 condlli" or terms d sale, and service capabilities; person's products or services for and ys � acxlvittea regardhg file application or adoption a the (1) The Contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure to m. f3MB�� Disclosure d ��such s from Chas made a has agreed to make any rlonappropriated covered Federal ac tior% which be ed under )(1) d this clause, if paid for with appropriated ftxW& (2) The Corawtor shall fps a disclosure form at fete and d each calendar quarter In which mere occurs any event that the 8=22qd the ftnu Lion contained In sty dsclosm farm ortn+lccur Ned Ehr axe petaort urtdar (c)(1) d this case. An event tttaE materially affects ththee accuracy d to k dormatbn reported — k**nchg or attempting hfl a �iedgarna Feederaal a mom p� or a�eCted to be paid for coveredF M A ae in me pim(s) or hdividual(s) Monchp or attempdrp to ktuerm a inikaerxe a�c�owA d FWodepei acx�ianor(s). employse(s) or Member(s) contac tod to kfkrer" or attempt to (3) Ti1* Contractor shall rKMm the submkW d a nortilcadon. and r squired• a dsdosure form by any pmon who requeas or recalves m'N subooMact exoeedrp $100,000 under to Federal contraacx. untlirec leived�� fDfyfctehre primes CContrador. The prime C�ontrWor"tubrt� awl disclosures to tlleder to tier sd rxractm Eachh sat uboor�codar i rl m" n sfmp bcalendar CRINew he nvhW h the subroi which the dwkmn 1b file d the awarding con�o� (a) . The Cortiracxor agrees not to make arty payment prot"ed by this clause. (e) Etow" 1) Any person who makes an sxpen llt<re protrhited under paragraph (b) d this clause or who fails to or amend the dscimn form to be Ned or amended by paragraph (c) d this clause shall be subject to clvp penalties as provided for by 31 U.S.C.13M 'M I nipmeft d a dull penalty does not this Gdvernmert (( �) may r*y seelting o mremedy UM may be s %. dby their subcontractors h the certilliCation and d sckxk" farm. N n"A. l t "m Govofrgram QU FORM 3617 PAGE 21 SEV 1/91) 45. WMFiCATION OF PCB HAZARDOUS CONDITION (NOV 19" Wft or other hazwd-cx a 1e whichPC�B! in any ales of the M4 a � 48. WARRANTY OF SPACE (OCT 19M � (a) Notwithstars1 hs�pection and acceptance by the Government or any pmvWm concerning the conclusiveness thereof the lessor warrants that all space leased to the Government under this contract. spaces above auspat�ed ceilings in the leased apace, air plenum elsewhere In ft building which service the leased space, engineering spaces fn the same vartiladon zone as the leased space, public and coffrw use t oawact space y with the asbestos requirements ents of � controf act; eThe contracting and during the within 30 days after the discovery. of any iailum to comply with the (b) r the lessor ftK after realpt of nodce. to make correction within the specified period of time. the GoveRxnwt shall have therWit to make correction and charge to the lessor the gets occasioned to the Governmant or terminate the lean agreement at no coat to the GoverrrrwrL (c The rights and romoc es of the Gmern ment in this clause are in addition to any other rights and provided by law and under fhb contract (1) •Acceptances. as used In this clause means the act of an authorized representable of the Government by w uidt the Government assumes for Itself, or as an agars of another, the leased premises as ready for or approvae a portion of the premises for occupancy In accordance with the provlsiona Of + this l� contract (2) 'Correction', as used in thin clause, means (0 the removal, encapsulation or encloeure of any triable asbestos materials found In the space leased to the Govanrn)eru. spaces above suspended ceiAngs In the leased space, air pkrxm= etaevrrhiara in tM building which service the leased space. Public spaces. er>gineering spaces h the same versilatlon zone as the leaned space and common use space (e.g., lobbies. hallways). Folowinq such abatement actions. the laaaor shalt adhere to the Govern enrs required post-,esbeatoa-abatement air monitoring (q With regard to nor►-Mable asbestos materials in good condtioru„ It means the and execution of a special operations and maintenance program and an abatement plan, approved by the Government, to be implemented from the time the materials are discovered through the remainder of the leans term 47. 52.223-$ - QRUG-fREE WORKPLACE (JUL 1990 sch WIN I nroou�ug�hh VAs of section used In � Coris as e A 21 U.S.0 and a convolled further defined In regulation at 21 CFR 1308r 11-130& 1 & 'CorMction' means a finding of gals nch,ding p plea of rob contenders) or imposition of sentence, or both body charged with the re�nsibility to determine violations of the Federal or Staterug statutes. 'Criminal � nwed susame InvoM�g the manufacture, distribution,or � 'Drug --free workplace' means the site(s) for the performance of work done by the Contractor in 0onnection with a specific which Contractor ara from �9a9�g In theunlawU manufac � employees us* ofcconolprohibitedsubstance. •Employes' means an employee of a Contractor directly gaged In the performance of work under a overnmen Gt contraadt. Dkectly engaged Is defined to include at dkoct cost employees and any other Conva W employee who has other than a minimal ImpW or wwokement In contract performance. WrAj.1 a l.K�a 3wsmnNnt GM FOAM 3517 PAGE 22 (REV IM) 1r4vidu0 means an Offeror/Contractor that has no more than one employee inckxOng the OtferodContractor. (b) The Contractor, If other than an individual. Shan 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 d less than 30 calendar days performance duration - (1) Publish a statement notifying its employees that the untawu manufacture, dtsuibutjon, 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; ( Establish an ongoing time -tree awareness program to kftm such employees about The dangers of drug abuse in the workplace, The contractors p Ao cal d maintaining dn�g�-iree weorrkpploayc�e; The penalties drug may be W*m sJehabilltatiM and ed employees for drug abuse�violtions�occur�ring in the work . (3) Provide all em engagedIn performance d the contract lath a copy a a statemert required by hq* of this cluse; sL clause t (r ai, "ass a condition of continued employment ememp+In writing or� cemert the, 4 luired by ��' y« ,�i'-ro)(') a n,a N� � emthe ber in w�1°ritistatement; d em�� so's conykxion under i criminal drug statute for a violation occurring In the workplace no er than calendar days after such conviction. (5) N the Contracting Offker in writing within 10 calendar after rec OAV notice under subdivision ( 4(4 (ii) a this douse, from an employee or otherwise � actual notice a such convictlom Ttii nonce shall Include me.posicionais of the employes; (6) Within 30 calendar dogs after receiving notice under subdivision (b)(4)M of this clause of a convi"i0nvtotacions�`ac°c� of th infollowing actions workp with respect to any wooyee who is convicted d a drug abuseterrninatiorh; mow Taking appropriaterm�e peraol action against such employee. up to and Including m Require such employee to satisfactorily partidix" in a drug abuse assistance or rehablibbon program approved for such purposes by a federal. Mate, or local health law enforcement. or other appropriate agency. M Make a good faith effort to maintain (b)(1) through (b)d Oft clauses drugfi�ee Mrorkplaw through irrtplerrwrttation d order,,)natttto In'ft mar �, ft% dbpensirhawwd of the contract g, possession,dorm sepurchase controlled substance in the performance of this contract. (d) In addition to other remedies evol4 ble to the Govern meM the Contractors failure to comply with the requirements of paragraphs (b) or (c) of this clause may, rant to FAR 23.5M render the Contractor subject to suspension of contract payments, of the Contract for default, and suspension or debarment. 4& TERMINATION - ERRONEOUS REPRESENTATION CONCERNING POLYCHLORINATED BIPHENYLS (11308's) AND/OR HAZARDOUS WASTE MANAGEMENT (OCT i9 provision d thb (a��eriai re entntabon d fw Lq ained In � Government relies award. It'll: Is later determirwd that the present; d PCBs has been ttllisreprasents4 the Govenvtwrt reserves the right to necutre the Lessor. at no Cost to the Goverrrtwrt, to remove or retroflM any PCS equipment tpresent ort In the b� accordance with EPA nVilatlons, or alternatively the Govenrtment, may terminate the lease. b In addition to Ww rNiMdies available to the GovMMferL provision Ot regarding eg� hazardous wis a ee management Contained In the representation and Governtrient relies when making award. a it Is later deterrrwled � presertationence d hazardous which as or inappropriate Lo"Or GCVVn" M QU FOAM 3617 PAGE 23 (AEH 1191) har�Rr►p UMV04 hn bean wed. the Goverment reserves the right to requiro dw Lessor, at no comet t0 the QovermMnk% to telca the necessary action to n*lga o the hazardous waste condition, in aocordanca with local. state and Federal laws. or skemsW* the Government may terminate the lease. This is in addMon to other rartedlae avWMM to the Goner imaL 4& 551270-18 — WSWRS SUCCESSORS (JUN 19" � The tacros and of this lease and the conditions herein bind the lessor and the Lessor's heirs, executors, Wkssistraoorai, suocessgm and assigns. �� oov�mnMtrt OU FORM 3517 PAGE 24 (FEY II I) RE Sa:TlTAT10NS ANO CER1iFiCJ MIS µAWgr4on I SoNe�tton Number DOW d Leasehold In t"to in Reel Properly) Complete apprgx oe Domes, sign the km. and attach to after. The Offeror rr ak" 0* Wowing ReprosenOdau and Cernllfcadons. NOTE. The'Offeror,• as used on this krm. is the owner of the proper y offered. no w lndlvt* or agent mpreserlting the owner. 1. SZ219-1 SMALL BUSINESS CONCERN REPRESENTATION (FES 1990) (DEWITIPN FAR 52219-1) The Offeror represents and certifies as part of Its offer that it I I Is, I I Is not a small business concern. @Small business concem,' as used In this means a concern, klcluding Rs off llat�es, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Oovemmera contracts, and qualified as a small business under the size standards In Oft solicitation. 2 552219-70 SMALL BUSINESS SIZE STANDARD (MAR 1Wn The small busloiess size standard appkable to this acquisition is annual average gross receipts d $10 million or less for the preceding three fiscal years. 3. 52219-2 -SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (FEB 1990) (a) Representation The Offeror represents that it [ ] Is, I ] is not a small disadvantaged business concern. (b) Ddinitions. •Asian Pacific Artmericame as used In this provision, means United States citizens whose origins are in Japan, China Palau), the N eathem Mariana fLaos, Kampuchea (Cambodia), Taiwan, Samoa. Guam, the, U.S. Trust Territory Thailand, Malaysla of the Pacific Wands Asa Singapore. Brunei. Republic of the Marshal Wands, or the Federated States of Micronesia. Indian tribe' as used In this provisior% means any Indian trft band, nino% or other organized group or community of tadians, knluding any Alaska Native Corporation as defir>ed In 13 CFR 124.100 which Is recognized as eligible for the special as such � 1he state in such tribe band, the U.S. to Inclians group, or � resides, heir stsue as Indians, or which is recognized Native Americana.' as used in this provision, means American imdlans, Eslcimoe, Aleum and native Hawaiians. Native Hawalian Orgarmizatkmn,' as used in this p vAsIon, means cry community service organization serving Native Hawaiians in, and chartered as a not -for -profit aganization by, the State of Hawaii.. which Is controlled by Native Hawaiians, and whose business ac&AW s wB primtipaly benefit such Ns Me Hawaiians. 'Small business concern,• as used ih this ion, means a oamcerrm, including ks atfillate% that is independently as n dd and operated, underthe critertaWWnant iahe siz�anda inn which 121.on Gcxernment contracts, and qualfiied 'Smal disadvantaged business concern,' as used in this provision, means a small business concern that (a) is at least 51 percent uncondi<ionay oMrrred by are a more Indwiduais wtmo art both sorAaly and eaormomnicay d ag�d, a a pubficllr owned business np at least 81 peresrrt of ks stock urmcormditiormai owned by one or mwre�and ecamom dtsadvarmtagedhkxlvlduaks and (b' Ass Rs and daily corntrolled by one or more sucA individu�Uttlmis germ also means a enrol bttsirmess concerrm� Ieask S1{ uncondftionaliy owned by an economnicaly disadvantaged Indian tube a Native Hawaiian Organization. a a pulblowned twsirness ax least 51 perrrent d its atodc owned by one of tAess entities whkh Ass ks management and dd�aiis!y eorxroled by memnbera of an e�ccxnort>acay Indian tree a Native Hawaiaanm Organization, artdwhk�m meets tts requirements o(13 CFR 124. Palc�arn, Bangladesh, &iLar"hu>ta� m, oar N�epalthis.provision, means United States ck;izens whose origins are in India. �,(c) Ouartd The Offeror shad prescune that socially and eca w.A. ical 7 disadvantaged individuals include Black Americans, Americana, Native Americans, AsW"acft Americans, Subcontinent Asian Americans, and. other indi "Is found to be qualified by SBA under 13 CFR 124. The Offers shalt presume that s$ ch* and econarkally disadvantaged entities also include Indian tribes and Native Hawaiian wmw.s.45 a Q GSA FORM 3518 PAGE 1 (REV 1/91) 4. 52.219-3 - WOMEN -OWNED SMALL BUSINESS REPRESENTATION (APR 1984) (a) Representation. The Offeror represents that It ( ) Is, 11 is not a women -owned small business concern. '3mall business concern,' as used In this provision, means a concern including Its affiliates, that Is Indeobndently owned and operated, not dominant in the Held ot operation in which It is bidding on Government contracts, and. qualified as a small business under the criteria and size standards in 13 CFR Ill. Women -owned,' as used In this provision, means a small business that is at least 51 perch owned by a woman or worsen who are U.S. cozens and who also control and operate the business S 52222-22 - PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984) The Offeror represents that — (a) it ( 1 hssnot participated In a pr NOA contract or subcontract subject ether to the Equal Opportunity 9 clause of tits ttw clause c�oroined In Section 310 of Executive Order No.10925, or the clause contained In Section 201 ofExecuW �o. 11114; (b) it I 1 he% I 1 has not lied all required compliance reports; and 8. 52.222--25 - AFFIRMATIVE ACTION COMPLIANCE (APR 1984) (Applicable to other than construction contracts which Include the clause at FAR 52.222-28, Equal Opportunity) The Offeror represents that — (a) It I 1 has developed and has on f ft ( 1 has i Ot developed and does not have on Ale, at each establishment alfirmadve ac don programs required by the rules and regulations of the Secretary of labor (41 CFR 80-1 and 60-2), or (b)gIt U uiatlonhas not previously had contractss the tom, �� to the written alfirmative action gams requirement ofthe rules and G4pproved by OMB under Control Number 12�13-W72) 7. 52222-21 - CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984) resta urants atand Oi l as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, eatlng areas, time clocks, locker rooms and other storage or dressing areas, parking tots, drinking fountains, recreation or entertainment areas, transportation, and housing facilitles idea for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of hablL local custont, or othenwisa By Kbrnsegregat toam icseersttfiact fac�gdes avtioalartytlodn dits tehsetaEbqliusahlmOepnptso,nrtaundity thcaltaufi sdeoienmsthneotcaonndtrwaciAt. not �pe'rovmit �sOeffmeroplro yaegereses ths su (cbco)nwa The Offeror or further agrees that It has obtained identical certifications from proposed �excetwhere - the su (1bc1) Obtain will lone toed to proposednity actors before the award of subcontracts under which (2) Retain the certifications in the Ales; and submitted Ide ntical w r c �Iiowing notice to the proposed subcontractors (except d the proposed subcontractors have for specific time periods). NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REOUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES. tNfMLS: `.-"a i w mwe Gc: OU FORM 351• PAGE 2 (REV 1/91) A Certification d N ®negated facilities must be SLft tted before this award l a subcontract under which the subcontractor will O:e 9'edW to the Equal Opportunity.dause. The certification may be submitted either for each subcontract or for all subcontracts during a period (Le., quarterly, senrAwnualy, or arw ift. NOTE: The t�enaMy for making false statements to offers Is prescribed In IS U.S.C.1001. (Approved by OMB under Co&d Number 1218-0072) S. SM203-4 -CONTINGENT FEE REPRESENTATION AND AGREEMENT (MAY 1989) (a) Representation. The Offeror represents that, except for 6A-time bona fide employees working soley for the Offeror or bona fide established real estate agents or brokers maintained by the Offeror for the purpose of securing business, the Offeror -- tNote: The Offeror must check the appropriate boxes. For Interpretation of the term'bona floe employee or agency,& see paragraph (b) of the Covenant Against Contingent Fees louse.] (1) t 1 Has, t 1 has not. employed a recaingd any company or persons to solid or obtain this lease; and obtain thin ontract,has n9t, paid or s y xn percceertage brokerage,tor otl�er fee company � resulting froor retained om the solicit and of this contract. oreement. The Oftror agrees to subparagraph ( ) � (� wwwe� aboveinto esenc to o wed by the Contracting Officer — (1) A completed Standard Form 119, Statement of Contingent or Other Fees * 119); or Including the d statement A signed 9 was previously submitted to the same to and applicable solicitation or contract number, representhg that prior 119r �appliesng st� tothis offer or quotation. 9. SZ203-02 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR IS" (a) The Offeror ceMM that (1) The prices In this offer have been arrived at independently. without, for the purpose of resufcxi V rxanpet>aonr any comk*atlon, ca nxrgcsft% or agreement with any other Offeror or competitor relating to (i) the pnlces. M the Mention to submit an offer, or (1) the methods or 1 atone tmd to calm late the pries offered; (2) The prices h th,fs offer have not been and w�l not be knowingly b by tfw Offeror, d(recxly or to any other Offeror a or before bid opeNnp pn the crew of a se�tNd bid sofic#atiori) or contract �mM the n:ase at a neQottsteda adlk�t�sflon) ur�iess othanwiae rrquMed by taw; artd M (3) No attempt has been made or will be made by the Ofteror to induce any other Concern to submit or not to submit an offer for the purpose of restricting competftioa (b) Each signature on the offer Is considered to be a certlflcatim by the signatory Viat the signatory-- I )hd that thensig atway ftn o�t pau9dpated andre�particip�ate� action eentr i subparraggrraphid o a)1) through (a)(3) above. or Hiss p6ticipaFs�have not participated, aauthorized, p�auUciwW% to pte In acas agent ctio�n Icon the blowing principals h (a (1 tt�rougi�i (a)(3� sbow t fu1 name of peracx�(s�c0�s don response a proposal, and the ts�e at his a hen positlon h the Ofleror's As an aWxwked agent, does certify that the principals canned In subdvision (bcam above have not partkk;ipated and will riot participate, In any action contrary to subpenagraptss (a)(1) Uxough (a) above; and % (ill) As an agent, has not personally participated and will not ems, In action contrary to subparegraphs(a)(1) through (a)(3) above. (c) If the Offeror deletes or modifies subparagraph (a)(2) above, the Offeror must krNsh with its offer a signed statement setting forth in detail the circumstances of the disclosure. 1NRiAL8&/ can Fanan 3518 PAGE 3 (REV 1191I 10. 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JAI 1990) (DEVIATION) (Applies to hisses which exceed $100,oaa) (a) The definklons and prohibitlons contained In the cleuse. at FAR 52.203-12, tlmkation on Payments to Influence CCertain er atl ederal Transactions, included in this solicitation, are hereby Incorporated by reference in paragraphl%b) of this (bb) offeror, by signing its offer. hereby certifies to the best of his or her knowledge and belief as o1 Decemtw 23, (1) No Federal appropriated Amax have been paid or wig be paid to any person for irflusncirg or attempting to Influence an officer or �np4oyso of arr�r agency, a Member Congress, an officer or employee of Congress, or an eemp4oy of a Member d Congress on haof or her behalf In connection with the awarding of a contract resulting from this o c (2) 1 any Amds other than Federal approprtaded Amds (including proM or fee received under a covered Federal M ve been y agentof is or her behalf In corntection with this s��gci�on, the offeror complete and submR, with Rs offerform LLB, Dbcloeuro of lobbying Activities. to the Contractk�g Officer; and it (3) He or she wil Include the lar>guage of this certification in all stAmnowl awards at arty tier and require that all reciplems of subconawl awards In mom of $100,000 sharp certify and disclose aaordingy. (c) Submission of fhb and dlscbsure b a prerequisite far mak or eri into this contract imposed by section , 352 tide 31. Unked States Code. Arty person who makes an �ed under this provision or who faib to fRe a amend fife c8aciosure form to be filled or amended by fhb provision, shal be subject to a dvN penalty d net less than s10,00Q and net more than Zt0Q00Q for each such failure. 11. 52209-5 - CERTIFICATiON.REGARDING DEBARMENT, SUSPENSIOTI, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAY 1989) (a) (1) -Tit• Offeror cenriies, to the best of its knowledge and belief, thaw (Q The Offeror and/or any of ks Principais— (A) Are [, 1 are not [ ] presently debarred, suspended, proposed for debarment, or declared Ineligible for the award of contracts arty Federal agenry; (B) Halve [ have not [ ], within a three-year period preceding this offer, been convicted of or had a civi rendered them for: commission of fraud or a criminal offense in connection with obtaining. attemp two obtain, or o�rIn a public (Federal, State, or local) corwact or subcontract; violation of Federal or State antRnrst statutes rNatirtg to fine submission of offers; or commission of embeulemertt, iheh, forgery, bribery, falsificadon or destruction of records, making false statements, or receivIng stolen , and (C) Are [ ] are not [ j presenty indicted br, a otherwise c cMppyy charged by a governmental en"with, co imisslon of any of the offer m enumerated it subdivision (a)(i)(Q(B) of this provisiom contracts te61) The furoror has by]a a Fe�defal' � dyee year period preceding this offer, had one or more (2) 'Prindpab,- for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary agement ors responsibilities within a business entity (e.g., general manager, plant subsidiary, of a or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001. TITLE 18 UNITED STATES CODE award, the Offeror learns C ds ) The Offeror shall provideceertification was erroneous when summediate written notice to the bmitted orrhhass er lf erroneous . at any dme prior to reasocontrn changed circumstances. wrttALs: a GSA FORM 3518 PAGE 4 (REY 1/91) . (t;) A certlffcarztort that any d the items N7 paragraph (a} d tie provisk>tn exists will not necessarly result in with d an award under this solicitation. However, d1e certiAcartlart wiq be considered corinectian with a deterxnr�rt d file Offeror's nn�an�tractibNIty. Fab,re d the Offeror to furnish a certiAcattart or provide such additlonai it mWtion as requested by the ng OfAcer may render the Oifertr r�bie. of records in ord, to render, i good Nothing wtalned certnft required the by paragraphshall be construed to ro(a) d tt�a provision. estabitshk ainowle ge and Information an Offeror is not required to exceed that which is nonnaily possessed by a purdent person in the ordinary course of business dealings. (a) The certification in paragraph (a) of this provision is a rrmerW representation of fact upon which reliance wa: placed when making award If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Govemmere, the Contracting Ofgciw may terminate the contract resulting from this solicitation for dOsult 12 ASBESTOS REPRESENTATION The Of[wor mpresents and cW Ass as part of its dFer that the olha d space, speces above suspended ceilings i the same offered edia space, air plenums a offered In e building which service the offered space, engineering spaces in the p spaces, and common use space (e.g. lobbies, hallways) — as any materials wDOW iith) does not W"K* concentration of percent gre� by dry weighmaterials t of asbestos flbers. ACM as used � this provision is define (b) It any of the above areas include ACM, please indicate whether the materials am r le nor �2 }triable -, condition, and located in () Y� () a place where �y are not likely to be disturbed axing the term at arty ensuing Wiese contract Yes No (3) in a aoItd matrix, already In place, and in good condition Yes # No is POLYCHLOFUNATED BiPHENYE.S (PCB'$) CERTIFICATION The Offeror cerWas as part at Its dfer that the buifdi V Irr which the, specs • hr oAared fbr lease to the Government (a) ( ] Contains, I ] does not contain trarWormers with 1 quart or more d PCB Auld. ( I ConteI )� other equipment, ag. capacitors, with one quart or ,Kx d PCB fluld. if (c) If PC 3 trarmiomwrs are present, plane indicoe the number first. 1 am owned by the b kWV ownenrg , and/or by the utRy oornparty k'a pettr�we leakim? we not leaki i ` hawe'�rent fit pretectbrt 34are 14. CERTIFICATION FOR PAST OR PRESENT HAZARDOUS WASTE OPERAT04S (NOV 1967) To the beet d his or her knowledge, the Offeror represerxs and cerWas, as part of the otter that the site upon whi specs is altered for !sass to the Oovemnwt — (a) ( ] Was, j ] was not a site used for any of the opereffons listed in Item b below. (b) Was a ske used far any or of d the following operations: O generation d huar"s waste ( ]yes ( j No treamm(2j db dage. or ���aste j ) Yes j ] No (3) 9t of hazardous substances or produots I JY" I lNo 4used1waste W storage or recismoJon units Yee No chemical marrtuffaactum 8t Yes No military or Inteiagence weapons irvrt'ut.s: s *.. a—..mKd GM FOW 3518 PAGE 5 (REV 119 or arnibunition training or testim I ] Yee I ] No (8) ordnance and/orweaponsproduction, or 1. I ] Yes I ] No action I ] was, the abovesno operations 9,wrer occurred atp accordance withe skthe elocal, state and Federal laws. the Offeror certifies that ate cleanup a other 1 S. RADON CERTIF"TION � (a) The Offeror c wWW as part d its offer that the portion of the space proposed for lease or acquisition by the Gorvemment which Is in ground contact or doaest to the ground (Le., i s'offered b on floors 4 through 8, cerdfication Is required for to 4th floor only) has been measured for radon. Radon detectors were placed throughout the required area to ensure each detector covered no more than Z,00O square feet of space. Radom anaiyses were plecfortned by a laboratory successll�ly participating in the Environmental Protection Agency -sponsored RRadon NN easmment Proftency Program. The highest radon level was farad to be — Beim 4 4 pCV1 or greater, bugloss thaliter n 200 pCVI .. 200 pCVI or greater (b) The highest radon level measured was (c) The measurement method used was 18. SZ223-1- CLEAN AIR AND WATER CERTIFICATION (APR 1984) ableff the offer exceeds $100,000 or the contracting officer has determined that orders under an Indefinite contract In any year will exceed $100,000, or a Willy to be used has been the subject d a conviction under Clean Ak Act (42 U.S.C.1857o-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and Is listed by EPA, or Is not otherwise exempt.) The Offeror certifies that Prot((a) nA Agency be usedts' In the Fac�lid d Oft proposed I ] I I ] Is not listed on the Environmental h m ttheAdA� actor, o immediately Hof the Environmental Protection gthe Contracting Officer before enncy,, that a d, of the receipt of any communication thatthe Offeror proposes to use for the performance d the contract is under consideration to be listed on the EPA List of Violating Facit kW and (c) The Offeror will kv*Wo a certification every nwm subcontract. (Approved by OMS under Control Number 309001j30 wing this paragraph (c), in 17. SZ223-5 - CERTIFICATION REGARDING A DRUG -FREE WORKPLACE (JUL 1990) (a) Dentitions. As used in this provision, 'Controlled substance' means a controlled substance In schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 814 and as further defined in regulation at 21 CFR 308.11-13o8.iS. 'Cornictlon' means a Mding of guilt a piea,of rob coxntendere) or imposition of sentence, or both, by any judicial body charged with the responseermine violations of the Federal or State criminal drug statutes. 'Criminal drug statutes' means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance. 'Drug --free workplace' means the site($) for the performance of work done by the Contractor in connection with sp� ft contract at which employees of the Cdwactor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possessron, or use of a controlled substance. 'Empiee' means an employee of a Contractor directly engaged in the performance of work under a Government o�nttract. irecity-.,)aged b defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in cormaot performance. 'individual' means an Offeror/contractor that has no more than one employee i xci. the Offeror/contractor. GSA FOAM 3510 PAGE 8 (REV 1191) ((bb)) 8y submission of ks offer, the Offeror, M other than an individual. who is making an offer that equals or exceeds $25,000, 600es and agrees VW& with respect to all eMp ees of the Offeror to be employed under a contract resu(tin from this solcitation, that. no later than 30 caiendarfd�contract award (unless a kx�ger period is agreed to in ), for cortracae d 30 calendar days or more duration or as soon as possible, for contracts of less Ow 30 calendar days performance duration, but in any case, by a date prior to when performance is expected to be completed, i< will - (1) Publish a statement rM�t�its employees that file unlawful manufacture, d'�stribWon, dispensing, vibe taken g�atnst employees for vbfations of such proh fo contractor's workplace and specifying the actions that (2) Establish an ongoing dnrg-free awareness program to IMorm such employees about - The dangers of drruugg abuse in the workplace; ee workplace; _ The contractor's P, of maintaining drug -free lltatlom and ploy programs; Any availablePenlMe be beeiinoosed upon employees for drug abuse violations occurring in the workplace. (3) Provide all employees engaged in performance of the contract with a copy of a statement required by subparagraph (b)(1) of this clause; W Notify such employees in writing in the statement required by subparagraph (b)(1) of this provision that, as a condition of continued empidymert on the contract resulting from this solicitation. the employee will - �Abide by the terms of the statement; and j 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- alter such conviction; No M4)(8) lot this thie ppss take am oof Me the workplace: approved for si the contracting offlaer In wb gg within 10 calendar days after receiving notice under subdivision wision, from an employee orotherwise receiving actual notice of such conviction. The notice shag n and We of the employee; and 30 calendar days after receiving notice under subdivision (a)(4)(1) of this provision of a conic ionkt lowing actiorts with respect to any employee who Is convicted d e drug abuse violation occurs ft in or;eiippropriste ssch emloyee satisfamorDyp� swath employee, a e � or obi .ration program xoposes by a Federal, State, or local health law entortemerrft or other appropriate agency. trough(mb)(t3Make a ) d g--arIIAM se. ~ to mak tain a do - b" workplace through inpbrnentation of subparagraph (b)(1) (c) By suW of tta offer, the Offeror, tf an kxgvk * who Is making an offer of any dollar value, centffies and agrees that the Offeror will not engage In the unlawful manuf aura, dle tbution, dispensing, possession, or use of a ON004ed SubsU "to the p9dWr�artca of this contract resulting from this sott�dtation. Oftor unq�ualtfied ithe Offeror ble for aawwa d. ( FAA 9.1004i- ��ari 1�8.� ta(22))(Qc) of ttds provision, renders the v(9)ln addition to other remedies available to the Government, the centrication In paragraphs (b) or (c) of this proconcerns a matter*** the or fraudulent certficaation side thus bbjecct p i uncleer Ili s 18,UUnitteed Stm making Caoade false, , 1001. �j 1 & 52.201" TAXPAYER IDENi1FiCATION EP 1 ti89 r; (S ) fat coup of mee�n��rr Corporate sin Zra�porate entity, a heakh care & INMALSAWW 4 as used In this sollcitatiori provision, means that corporate entity that owns or controls an poraftu that flies Its Federal income tax returns on a consolidated basis, and of which the Offeror us,' as used in this solicitation provision, means a designation as to whether the Offeror Is a i wincorporned entity (e.g., sole proprietorship or partnership), or a corporation providing medical vkxm OU FOAM slits PAGE 7 (REV 119i) to be "Taxpayer by �Iderdlcadw In Number (i1 a used tax and provision, means the number required by the IRS returm (b�b)� The Offeror is required to submit the Information requited In (c) u��h (e of this sokitation p�rovislon h order to comply with repor" requirementa of 28 U.S.C.�1A. a�rkl +3f)SOM and implernentinV requirements in Issued by ft Internal a) Revenue See r e �(�gl). a dw resulting t contrail is subject to the refusal by thv offeror to famish the information may result in a 20 percent reduction of payments otherwise due under the Contract. (c) Taxpayer Identification Number (TIN). TIN: TIN W. TIN Is not required because: Offeror is a nonresident aten, foreign corporation, or foreign partnership that does not have income effecW connected with the conduct of a trade or business in the U.S. and does not have an office or place of business a s fiscal paying agent h the U.S.; Offeror Is an agency or instrumentality of a foreign gmertunert Offeror Is an agency or Instrumentality of A Federal, state, or local government; Other. State basis. (d) Corporate Status. 1 c providirp medical and health care services, or engaged in the bithg and cdlectinp of sSolo i�p ' Partner 501(a). or extended care farft described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR (e) Common Parent Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause. Name and TIN of oomrron parent: Name TIN 19. OFFEROR'S DATA UNNERSAL NUMBERING SYSTEM (DUNS) NUMBER: Nun &red Address (tnoWIN ZIP Cody Muls:WI, a oiiv v. nmwt Telophone No. GSA FORM 3516 PAGE 8 (REV 1,91)