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HomeMy WebLinkAboutResolution - 846 - Award_Contract - FAA - Utlity Service Rates, LIA - 06_18_1981AA:pc RESOLUTION #846 - 6/18/81 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 award/contracts No. DTFA07-81-C-01137 with the Department of Transportation Federal Aviation Administration, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST; 18th day of June ,1981. BI IST R, MAYOR -- Evelyn Gaf ga, City Secr -Treasurer APPROVED AS TO CONTENT: 2L 102�fA Marvin Coffee, f0ector of Aviation APPROVED AS TO FORM: Angela AddKs, Assistant City Attorney SiAI�DARf) FrJRM -ro:-JULY 1960 GffJJRAt Skit' -ICES ADtl �JISTRAIION FFD FRO': REG III, 1-16,101 1 CONiRACT - I'm,. Irnt. idcrtt. t NO r 2. EFFECTIVE DATE 7. REQUISITION/PURCHASE REQUEST/PROJECT NO bTFA07-81-C-01137 ' 4/l/81 S ISSUED BY -- Department of Transportation Federal Aviation Administration P. 0. Box 1689 Fort Worth Texas 76101 8 CONTRACTOR WOE NAME AND ADDRESS City of Lubbock International Airport coun!F. Siarr, and 11F'rod,J Route 3, Box 389 Lubbock, Texas 79401 L_ 11. SHIP TO/MURK FOR CUDF. FAA/AFS RFD n3, Box 52 Old Terminal Building Lubbock International Airport Lu bboc7c _ . Tx— — - = 17 THIS PROCUEMENT WAS ADVERTISED, ® NEGOTIATED, PURSUANT TO: le. ACCOUNTING AND APPROPRIATION DATA 1,010-0846A-211-2371 PAGE OF 2 A CfRTIHLD FOR NAIIONAI DEFLNSE UNDER BDSA REG 2 AND, OR DMS REG 1 RATING 6 ADMINISTERED BY LIJI)1 DELIVERY (if otbrr than blw,t S) - FOB DESib -� NATION Real Estate & Utilities Branch OTHER (see Telephone: (.817) 624-4911, Ext. 404 ❑brlou) FACiL111' CUDF 7 I AWARD/CONTRACT 9. D.S000NT fOR PROMPI rAtMENt N/A 10. SUBi11T INVOICES (4 rr,ptu `multi ' wbirrr spr.ifrerlt TO ADDRESS SHOWN iN BLOCK original only 12 PAYMENT WILL BE MADE BY cUnF.T�� Federal Aviation Administration -- P. 0. Box 1689 Fort Worth, Texas 76101 ATTN: ASW-24 [{ 10 U.S.C. 2304 (o)l I 41 U.S.C. 252 (cM I , .ir I ..'li: 15. 16. 17. 18. 19. 20. ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT Furnish 6100 kwh electric service to be sub -metered by the City of Lubbock for the Federal Aviation Administration, Airway Facilities Sector, Lubb ck International Airport, Lubbock, Texa s . The Government shall reimburse the contractor in the am unt equal to 00% of the iotal monthly billing. Invoices and vouchers shall be submit ed monthl to the Government for payment. (Straight Rate .021¢ per kwh, plus fuel adjustment.) I "General Provisions - Utility Service Contracts," Form a part hereof . All bills for service shall be paid without penalty or entitled to any discounts customarily applicable to pa the contractor, P-8 is lattl ched hereto) and made nterest a d the Governmen shall be ent of bi 1 s 1by all custo ers of TOTAL AMOUNT OF CONTRACT $ _ _ __ __ CUN7RACLTNG OFFICER WILL COMPLETE. BLOCK 22 OR 26 AS APPLICABLE 22. ® CONTRA.JOR'S NEGOTIATED AGREEMENT ((Coontractor is required to sign 26. � AWARD (Contractor is not required to sign this d"morrut.) Your offer thin do:um.ni .and rerA � V nacLpir� to irsTi7l�a�i,is) Contractor agrees on Solicitation Number including FM I furnish cnd deliver all items or perform oil the **trice% set forth or otherwise additions or changes mode by you which odditions or changes are set forth in full identified aaovs and on any continuation sheets for the consideration stated herein. above, is hereby accepted as to the items listed above and on any continuation sheek. The rights and obbgotion% of the parties to this contract *halt be subject to and go- This award consummotes the contract which consists of the following documents: (a) erned by rRe foilowinp documents. (a) this award/cone race, (b) the solicitation, B any, the Government's solicitation and your offer, and (b) this oword/controct. No and ;c) such provisions, representations, certifications, and specifications, as ore -further contractual document is necessary. attached or incorporated by reference herein. (Attacbments are listed herein.) 27. N OF CONTRACTOR 27 UNITED TATES OF AMERICA t /� BY —(Signoture of person oumorised to sign( 24. NAME AND TlilE OF SIGNER ( l ype or print) �25. DATE SIGNED SIGNATURES ON BACK _ l✓ by (Signature of Contracting Officer) - 28.^NAME OF CONTRACTING OFFICER t li jpr or• pritttJ 29. DATE SIGNED Dolores C. Borbolla �i-- Contractino Officer. ASW-56C.1 26-105 u s LOY[een*NT ►*mister ornce 1067 or-cu-oss THE CITY UBBOC B MCALIS ER, MAYOR ATTEST: Evelyn Gaffga, City Secretary easurer APPROVED AS TO CONTENT: r Mar in Coffee, ector of Aviation APPROVED AS TO FORM: Angela ams, Assistant City Attorney STANDARD FORM 36, JUIY 1966 REF. NO. OF DOC. BEING CONT'D. PAGE OF GFNERAV REG.E(41 ADMINISTRATION CONTINUATION SHEET DTFA07-81-C-01137 2 2 NAME OF OFFEROR OR CONTRACTOR City of Lubbock ITEM NO, SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT METER N . This ca tract shall remain in farce until further notice subject t) a termination privile a in its entirety or for renegotiation purposes ly either )arty upon thirty (30) da s' notice in writing, and with the understanding that the :ontract does n t obligat or purport to obligate Governmental expenditure of funds lot yet;appropr ated. The contractor shall give Federal Aviation Administratio , Chief, kirvay Facil iti s Sector, Lubbock, Texas, Telephone No. 806/762-4760, 96 h urs advan a notice of an planned outages. 3e-108 M-+6-79531-t GF0: 1907 0-261-063 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration SUPPLEMENTAL PROVISIONS (Utility Service Contract) FAA P-8 January 1980 Pages 1 thru 5 Clause No. Clause Title 1. DEFINITIONS 2. EXAMINATION OF RECORDS BY COMPTROLLER GENERAL 3. EQUAL OPPORTUNITY 4. CERTIFICATION OF NONSEGREGATED FACILITIES 5. OFFICIALS NOT TO BENEFIT 6. COVENANT AGAINST CONTINGENT FEES 7. CONVICT LABOR 8. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT —OVERTIME COMPENSATION 9. DISPUTES 10. CONFLICTS 11. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA 12. PAYMENT OF INTEREST ON CONTRACTOR'S CLAIMS 13. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS 14. UTILIZATION OF LABOR SURPLUS AREA CONCERNS Is. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS 16. CLEAN AIR AND WATER p (Supersedes all previous editions) DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION SUPPLEMENTAL PROVISIONS (UTILITY SERVICE CONTRACT) 1. DEFINITIONS (FPR 1-7.102-1, June 1964) As used through this contract, the following terms shall have the meaning set forth below: (a) The term "head of the agency" or "Secretary" as used herein means the Secretary, the Under Secretary, any Assistant Secretary, or any other head or assistant head of the executive or military department or other Federal agency; and the term "his duly authorized representative" means any person or persons or board (other than the Contracting Officer) authorized to act for the head of the agency or the Secretary. (b) The term "Contracting Officer" means the person executing this contract on behalf of the Government, and any other officer or civilian employee who is properly designated Contracting Officer; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority. (c) Except as otherwise provided in this contract, the term "sub- contracts" includes purchase orders under this contract. 2. EXAMINATION OF RECORDS BY COMPTROLLER GEN. ERAL (FPR 1-7.103-3, September 1975) (a) This clause is applicable if the amount of this contract ex- ceeds $10,000 and was entered into by means of negotiation, in - eluding small business restricted advertising, but is not applicable If this contract was entered into by means of formal advertising. (b)The Contractor agrees that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under this con- tract or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procure- ment Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract. (o)The Contractor further agrees to include in all his subcon- tracts hereunder a provision to the effect that the subcontractor agrces that the Comptroller General of the United States or any of his duly authorized representatives shall, until the expiration of 3 years after final payment under the subcontract or such lesser time specified in either Appendix M of the Armed Services Procurement Regulation or the Federal Procurement Regulations Part 1-20, as appropriate, have access to and the right to examine any directly pertinent books, documents, papers, and records of such subcon- tractor, involving transactions related to the subcontract. The term "subcontract" as used in this clause excludes (1) purchase orders not exceeding $2,500 and (2) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public. (d)The periods of access and examination described in (b) and (c), above, for records which relate to (1) appeals under the "Dis- putes" clause of this contract, (2) litigation or the settlement of claims arising out of the performance of this contract, or (3) costs and expenses of this contract as to which exception has been taken by the Comptroller General or any of his duly authorized repre- sentatives, shall continue until such appeals, litigation, claims, or exceptions have been disposed of. 3. EQUAL OPPORTUNTTY (43 FR 49242, October 1978) (The following clause is applicable unless this contract is exempt under the rules, regulations, and relevant orders of the Secretary of Labor (41 CFR, ch. 60).) FAA P43 January 1980 During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to en- sure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in con- spicuous places, available to employees and applicants for employ- ment, notices to be provided by the Contracting Officer setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment with- out regard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or representa- tive of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d)The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regula- tions, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports re- quired by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the non- discrimination clause of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended, in whole or in part, and the Contractor may be de- clared inelgiible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sep- tember 24, 1965, and such other sanctions may be imposed and remedies invoked as provided In Executive Order No. 11246 of Sep- tember 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pur- suant to section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcon- tractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions, includ- ing sanctions for noncompliance: Provided, however, That in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 4. CERTIFICATION OF NONSEGREGATED FACILITIES (FPR 1-12.803-10 (July 1968) (Applicable to (1) contracts, (2) subcontracts, and (3) agree- ments with applicants who are themselves performing federally assisted construction contracts, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establish- ments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facw- ties are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontrac- tors for speck time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods): Notice to prospective subcontractors of requirement for certi- fication of nonsegregated facilities. A Certification of Nonsegregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is pre- scribed in 18 U.S.C. 1001. S. OFFICIALS NOT TO BENEFIT (FPR 1-7.102.17, March 1971) No member of or delegate to Congress, or resident commis- sioner, shall be admitted to any share or part of this contract, or to any behefit that may arise therefrom; but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit. 6. COVENANT AGAINST CONTINGENT FEES (FPR 1.1.503, April 1966) The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, broker- age, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Con- tractor for the purpose of securing business. For breach or violation of this warranty the Government shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 7. CONVICT LABOR(FPR i-12.204, June 1974) In connection with the performance of work under this con- tract, the Contractor agrees not to employ any person undergoing sentence of imprisonment except as provided by Public Law 89-176, September 10, 1965 (18 U.S.C. 4082(c)(2)) and Executive Order 11755, December 29, 1973. 2 8. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT —OVERTIME COMPENSATION (FPR 1-12.303, March 1973 and FAPR 12A-7.102.15, June 1979) This contract, to the extent that it is of a character specified in the Contract Work Hours and Safety Standards Act (41 U.S.C. 327- 333), is subject to the following provisions and to all other applic- able provisions and exceptions of such Act and the regulations of the Secretary of Labor thereunder. (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, apprentices, train- ees, watchmen, and guards shall require or permit any laborer, mechanic, apprentice, trainee, watchman, or guard in any workweek in which he is employed on such work to work in excess of eight hours in any calendar day or in excess of forty hours in such work- week on work subject to the provisions of the Contract Work Hours and Safety Standards Act unless such laborer, mechanic, apprentice, trainee, watchman, or guard receives compensation at a rate not less than one and one-half times his basic rate of pay for all such hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, whichever is the greater number of overtime hours. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions of paragraph (a), the Contractor and any subcontractor responsible therefor shall be li- able to any affected employee for his unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, ap- prentice, trainee, watchman, or guard employed in violation of the provisions of paragraph (a) in the sum of $10 for each calendar day on which such employee was required or permitted to be em- ployed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the over- time wages required by paragraph (a). (c) Withholding for unpaid wages and liquidated damages. The Contracting Officer may withhold from the Government Prime Contractor, from any moneys payable on account of work per- formed by the Contractor or subcontractor, such sums as may ad- ministratively be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquid dated damages as provided in the provisions of paragraph (b). (d) Payrolls and payroll records. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such rec- ords shall contain the name and address of each such employee, his contract classification, rate of pay, daily and weekly number of hours worked, deductions made and actual wages paid. The Con- tractor shall make his employment records available for inspection by authorized representatives of the Contracting Officer and the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. (e) Subcontracts. The Contractor shall insert paragraphs (a) through (e) of this clause in all subcontracts. The term "Contractor" as used in such paragraphs in any subcontract shall be deemed to refer to the subcontractor except in the phrase "Government Prime Contractor." 9. DISPUTES (FPR 1-7.102-12, June 1979) (a) This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601, et seq.). If a dispute arises relating to the contract, the contractor may submit a claim to the Contracting Of- ficer who shall issue a written decision on the dispute in the manner specified in FPR 1-1.318. (b) "Claim" means: (1)a written request submitted to the Contracting Officer; (2) for payment of money, adjustment of contract terms, or other relief; (3) which is in dispute or remains unresolved after a reasonable time for its review and disposition by the Government; and (4) "Openings which the contractor proposes to fill pursuant to a customary and traditional employer -union hiring arrangement" means employment openings which the contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationshipo which exists between the contractor and repre- sentatives of his employees. (i) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 0) In the event of the contractor's noncompliance with the re- quirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor pursuant to the Act. (k) The contractor agrees to post in conspicuous places, available to employees and applicants to employment, notices in a form to be prescribed by the Director, provided by or through the contract- ing officer. Such notice shall state the contractor's obligation under the law to take affirmative action to employ and advance in employ- ment qualified disabled veterans and veterans of the Vietnam era for employment, and the rights of applicants and employees (1) The contractor will notify each labor union or representative of workers with which is has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Viet- nam Era. (m) The contractor will include the provisions of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to direct to enforce such provisions, including action for non- compliance. 12. PAYMENT OF INTEREST ON CONTRACTORS' CLAIMS (FPR 1-1.322, July 1972) (a) If an appeal Is filed by the contractor from a final decision of the contracting officer under the disputes clause of this contract, denying a claim arising under the contract, simple interest on the amount of the claim finally determined owed by the Government shall be payable to the contractor. Such interest shall be at the rate determined by the Secretary of the Treasury pursuant to Public Law 92-41, 85 Stat. 97, from the date the contractor furnishes to the contracting officer his written appeal under the disputes clause of this contract, to the date of (1) a final judgment by a court of competent jurisdiction, or (2) mailing to the contractor of a supp)e- mentai agreement for execution either confirming completed ne- gotiations between the parties or carrying out a decision of a board of contract appeals. (b) Notwithstanding (1) above, (1) interest shall be applied only from the date payment was due, if such date is later than the filing of appeal,'and (2) interest shall not be paid for any period of time that the contracting officer determines the contractor has unduly delayed in pursuing his remedies before a board of contract appeals or a court of competent jurisdiction. The following clause applies to all contracts over $10,000 ex- cept (i) contracts for services which are personal in nature and (ii) contracts which will be performed entirely (including all subcon- tracts) outside any State, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico: 13. UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS (44 FR 23610, April 1979) (a) It is the policy of the United States that small business con- cerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance o&con- . .tracts let by any Federal agency. (b) The contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with the efficient performance of this contract. The contractor further agrees to cooperate in any studies or surveys that may be conducted by the Small Business Administration or the contracting agency which may be necessary to determine the extent of the contractor's compliance with this clause. (c)(1) The term "small business concern" shall mean a small business as defined pursuant to Section 3 of the Small Business Act and in relevant regulations promulgated pursuant thereto.1 (2) The tern "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern— (i) which is at least 51 per centum owned by one or more socially and economically disadvantaged individuals; or in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and (ii) whose management and daily business operations are controlled by one or more of such individuals. The contractor shall presume that socially and economically dis- advantaged individuals include Black Americans, Hispanic Ame6 cans, Native Americans, and other minorities, or any other individ- ual found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. (d) Contractors acting in good faith may rely on written repre- sentations by their subcontractors as either a small business con- cern or a small business concern owned and controlled by socially and economically disadvantaged individuals. 14. UTILIZATION OF LABOR SURPLUS AREA CONCERNS (FPR 1-1.805-3(a), June 1978) The following clause is applicable if this contract exceeds $ 10,000. (a) It is the policy of the Government to award contracts to la- bor surplus area concerns that agree to perform substantially in la- bor surplus areas, where this can be done consistent with the effi- cient performance of the contract and at prices no higher than are obtainable elsewhere. The Contractor agrees to use his best efforts to place his subcontracts in accordance with this policy. (b) In complying with paragraph (a) of this clause and with paragraph (b) of the clause of this contract entitled "Utilization of Small Business Concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals," the Contractor in placing his subcontracts shall observe the follow- ing order of preference: (1) Small business concerns that are labor surplus area concerns, (2) other small business concerns, and (3) other labor surplus area concerns. (c)(1) The term "labor surplus area" means a geographical area identified by the Department of Labor as an area of con- centrated unemployment or underemployment or an area of labor surplus. (2) The term "labor surplus area concern" means a concern that together with its first -tier subcontractors will perform substantially in labor surplus areas. (3)The term "perform substantially in a labor surplus area" means that the cost incurred on account of manufacturing, produc- tion, or appropriate services in labor surplus areas exceed 50 percent of the contract price. D. Clause 8 titled, "Contract Work Hours and Safety Standards Act —Overtime Compensation," is amended by deleting paragraphs (d) and (e) thereof and substituting the following: (d) Payrolls and payroll records The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such rec- ords shall contain the name and address of each such employee, his IRegulations of the SBA (13 CFR, Part 121) (4) for which a Contracting Officer's decision is demanded. (c) In the case of disputed requests or amendments to such re- quests for payment exceding $50,000, or with any amendment causing the total request in dispute to exceed $50,000, the Con- tractor shall certify, at the time of submission as a claim, as follows: 1 certify that the claim is made in good faith, that the support- ing data are accurate and complete to the best of my knowledge and belief; and that the amount requested accurately reflects the contract adjustment for which the contractor believes the Gov- ernment is liable, (Contractor's Name) (Title) (d) The Government shall pay the contractor interest: (1) on the amount found due on claims submitted under this clause; (2) at the rates fixed by the Secretary of the Treasury, under the Renegotiation Act, Public Law 92-41, (3) from the date the Contracting Officer receives the claim, until the Government makes payment. (e) The decision of the Contracting Officer shall be fatal and conclusive and not subject to review by any forum, tribunal, or Government agency unless an appeal or action is timely commenced within the times specified by the Contract Disputes Act of 1978. (f) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal or action related to the contract, and comply with any decision of the Contracting Officer. 10. CONFLICTS (FPR 1-4.410-5, August 1975) To the extent of any inconsistency between the provisions of this contract and any schedule, rider, or exhibit incorporated in this contract by reference or otherwise, or any of the Contractor's rules and regulations, the provisions of this contract shall control. ll. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE ViETNAM ERA (43 FR 49270, October 1978) (a) The contractor will, not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. The con- tractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans status in all employment practices such as the following: Employment upgrading, demotion or transfer, recruit- ment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The contractor agrees that all suitable employment openings of the contractor which exist at the time of the execution of this contract and those which occur during the performance of this con- tract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The contractor further agrees to pro- vide such reports to such local office regarding employment open- ings and hires as may be required. State and local government agencies holding Federal contracts of $10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not re- quired to provide those reports set forth in paragraphs (d) and (e). (c) Listing of employment openings with the employment serv- ice system pursuant to this clause shall be made at least concur- rently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veter- ans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicant or from any par- ticular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive Orders or regulations regarding nondiscrimination in employment, (d)The reports required by paragraph (b) of this clause shall include, but not be limited to periodic reports which shall be filed at least quarterly with the appropriate local office or, where the contractor has more than one hiring location in a State, with the central office of that State employment service. Such reports shall indicate for each hiring location (1) the number of individuals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam era hired, (3) the number of disabled veterans of the Vietnam era hired, and (4) the total number of disabled veter- ans hired. The reports should include covered veterans hired for on- thejob training under 38 U.S.C. 1787. The contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying data for each hiring location. The contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which time these reports and related documentation shall be made available, upon request, for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documen- tation would include personnel records respecting job openings, recruitment and placement. (e) Whenever the contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts. The contractor may advise the State system when it is no longer bound by this contract clause. (f) This clause does not apply to the listing of employment openings which occur and are filled outside of the 50 States, the District of Columbia, Puerto Rico, Guam, and the Virgin islands. (g) The provisions of paragraphs (b), (c), (d), and (e) of this clause do not apply to openings which the contractor proposes to fill from within his own organization or to fill pursuant to a custom- ary and traditional employer -union hiring arrangement. This ex- clusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer -union arrangement for that opening. (h) As used in this clause: (1)' "All suitable employment open- ings" includes, but is not limited to, openings which occur in the following job categories: Production and nonproduction; plant and office; laborers and mechanics; supervisory and nonsuper- visory; technical; and executive, administrative, and professional openings as are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary em- ployment of more than 3 days' duration, and part-time employment. it does not include openings which the contractor proposes to fill from within his own organization or to fill pursuant to a custom- ary and traditional employer -union hiring arrangement nor openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances an employ- ment opening may not be suitable for listing, including such situa- tions where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the Government. (2) "Appropriate office of the State employment service system" means the local office of the Federal -State national system of public employment offices with assigned responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin islands. (3) "Openings which the contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the contractor's or- ganization (including any affiliates, subsidiaries, and the parent com- panies) and includes any openings which the contractor proposes to fill from regularly established "recall" lists. contract classification, rate of pay, daily and weekly, number of ` hours worked, deductions made and actual wages paid. The Contrac- tor shall make his employment records available for inspection by authorized representatives of the Contracting Officer and . the De- partment of Labor, and shall permit such representatives to inter- view employees during working hours on the job. (e) Subcontracts. The Contractor shall insert paragraphs (a) through (e) of this clause in all subcontracts. The term "Contrac- tor" as used in such paragraphs in any subcontract shall be deemed to refer to the subcontractor except in the phrase "Government Prime Contractor." 15. AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (43 FR 49277, October 1978) (a) The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for em- ployment is qualified. The contractor agrees to take affirmative ac- tion to employ, advance in employment and otherwise treat quali- fied handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. ` (b) The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (c) In the event of the contractor's noncompliance with the re- quirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (d) The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contract- ing officer. Such notices shall state the contractor's obligation under the law to take affirmative action to employ and advance in employ- ment qualified handicapped employees and applicants for employ- ment, and the rights of applicants and employees. (e) The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms ofsection 503 of the Rehabilitation Act of 1973, and is com- mitted to take affirmative action to employ and advance in employ- ment physically and mentally handicapped individuals. (f) The contractor will include the provisions of this clause in t every subcontract or purchase order of $2,500 or more unless ex- empted by rules, regulations, or orders of the Secretary issued pur- suant to section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will 1 take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance t Programs may direct to enforce such provisions, including action for noncompliance. 16. CLEAN AIR AND WATER (FPR 1-1.2302-2, August 1975) (Applicable only if the contract exceeds $100,000, or the contracting officer has determined that orders under an indefinite quantity contract in anyone year will exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S. 1857c-8(c)(1)) or the Federal Water Pollution Con- trol Act (33 U.S.C. 1319(c)) and is listed by the EPA, or the con- tract is not otherwise exempt.) (a) The Contractor agrees as follows: (1)To comply with all the requirements of section 114 of the Clean Air Act, as amended (42 U.S.C. 1857, et seq., as amended by Public Law 91-604) and section 308 of the Federal Water Pollu- tion Control Act (33 U.S.C. 1251 et seq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and section 308 of the Air Act and the Water Act, re- spectively, and all regulations and guidelines issued thereunder be- fore the award of this contract. (2)That no portion of the work required by this prince contract will be performed in a facility listed on the Environmental Protec- tion Agency List of Violating Facilities on the date when this con- tract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing. (3)To use his best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed. (4)To insert the substance of the provisions of this clause into any nonexempt subcontract, including this paragraph (a)(4). (b)The terms used in this clause have the following meanings: (1)The term "Air Act" means the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Public Law 91-604). (2)The term "Water Act" means Federal Water Pollution Con- trol Act, as amended (33 U.S.C. 1251 et seq., as amended by Public Law 92-500). (3)The term "clean air standards" means any enforceable rules, regulations, guidelines, standards, linitations, orders, con- trols, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in sectio 110(d) of the Clean Air Act (42 U.S.C. 1857c- 5(d)), an approved implementation procedure or plan under section I11(c) or section 111(d), respedtively, of the Air Act (42 U.S.C. 1857c-6(c) or (d)), or an approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 1857e-7(d)). (4) The term "clean water standards" means any enforceable limitation; control, condition, prohibition, standard, or other re- quirement whch is promulgated pursuant to the Water Act or con- tained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by local government to ensure compliance with pretreatment regula- tions as required by section 307 of the Water Act (33 U.S.C. 1317). (5) The term "compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an air or water pollution control agency in accordance with the requirements of the Air Act of Water Act and regulations issued pursuant thereto. (6)The term "facility" means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a contractor or sub- contractor, to be utilized in the performance of a contract or sub- contract. Where a location or site of operations contains or in- cludes more than one building, plant, installation, or structure, the entire location or site shall be deemed to be a facility except where the Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are collocated in one geographical area.