HomeMy WebLinkAbout16743 ORD - 12/09/19814
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FOR $37,500 FOR PROCESSING INDIVIDUAL CHARGES OF EM-
PLOYMENT DISCRIMINATION WHICH HAVE BEEN FILED WITH OR
REFERRED TO THE CITY'S HUMAN RELATION ACTIVITY FOR
THE PERIOD OF OCTOBER 1, 1980, THROUGH SEPTEMBER 30,
1982; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute a contract with the U.S. Equal Employment Opportunity Commission
for $37,500 for processing individual charges of employment discrimination
which have been filed with or referred to the City's Human Relation activity
for the period of October 1, 1981, through September 30, 1982, a substantial
copy of which contract is attached hereto and made a part hereof, marked
Exhibit "A".
SECTION 2. That upon written request of the Mayor or five Council
members,copy attached, to find and declare an emergency due to the need of
executing the aforesaid contract for the more efficient operation of City
affairs, such finding of an emergency is made and declared requiring suspen-
sion of the Charter rule as to consideration and voting upon ordinances or
resolutions at three regular meetings so that this ordinance is p sed and
shall take effect upon first reading as an emergency this the is
of
December 1981.
ATTEST:
APPROVED:
DAY OF DECEMBER, 1981
J//Bruce Aycock, Ci Attorney
MA
fot
THE ITY OF CORPUS CHRISTI, TEXAS
1.6'743
MICROFILMED
iSEP 28 1984
'SEP 9lapp
lap
STAT ~-ORM 26, JULY 1966
GE RVICES ADMINISTRATION
FE REG IAICFRI 1-16101
r v rI
AWARD/CONTRACT I
• '
PAGE '
1
1. CON (Prot. Inst. ident.) NO.
2/5010/0023
2 EF'ECTIVE DATE
10/1/81
3. REOUI5ITION/PURCHASE REOUEST/PROJECT NO
A. CERTIFIED FOR NATIONAL DEFENSE
REG. 2 AND/OR DMS REG. 1.
RATING:
_
UN
5 ISSUED BY - CODE
6. ADMINISTERED 8Y CODE I
7. DELIVERY
DE5T1•
Equal Employment Opportunity Commission
Contracts/Grants & Procurement Division
2401 E Street, N.W., Room 3200
Washington, D.C. 20500
(!f other than block 5)FO8
EEOC -Houston District Office
Federal Bldg., Rm. 1101
2320 LaBranch Street
Houston, Texas 77004
❑ NATION
019997Sre
❑ below)
N/A
8. CONTRACTOR CODE I I FACILITY CODE
9. DISCOUNT FOR PROMPT PAYMENT
NAME AND ADDRESS
n -' ._
(Street. city.City of Corpus Christi
county,Pate.P.O. Box 9277
and
Shoreline
, N/A
302 South
Corpus Christi, Texas 78408
—J
10. suIMIT INVOICES (4 rope,
Fprr,ed) TO ADDRESS SHOWN
See Section
unless other,*,,
IN BLOCK
.. SHIP TO/MARK FOR CODE i I
12 PAYMENT WILL BE MADE 87 CODE'
EEOC- Finance Branch
2401 E Street, N.W., Room 3228
Washington, D.C. 20506
N/A
❑ 10 U.S.C. 2304 (off)
13. THIS PROCUREMENT WAS CIADVERT15ED. ® NEGOTIATED, PURSUANT TO: ® A 1 U 5 C. 252 (*810
IA ACCOUNTING AND APPROPRIATION DATA '
Appropriation Data: 4520100
Accounting Data: 2/5010/4102 _
15.
ITEM NO
16. _
SUPPLIES/SERVICES
17.
OUANTITY
IE.
UNIT
19.
UNIT PRICE
20.
AMOUNT
Processing of FEP Agency FY -82 New Charge
Resolutions - — -•
THIS AWARD IS CONTINGENT UPON ENACTMENT
BY CONGRESS OF THE APPROPRIATION BILL FOR
EEOC FOR FISCAL YEAR 1982
FIRM FIXED PRICE CONTRACT
91
$37,500.00
21. TOTAL AMOUNT OF CONTRACT $ 37 500.00
CONTRACTING OFFICER WILL COMPLETE BLOCK 22 OR 26 AS APPLICABLE
22. ® CONTRACTOR 5 NEGOTIATED AGREEMENTe(Contractor is requsred to s{gn
this document and return�lgnped+ to issuing fn.) Contractor agrees
to furnish and deli.., all items or perform all the cccccc es set lank or otherwise
Identified above and on any continuation sheets ler the consideration stated heron
The rights and obligations of the parties to 'his contract shall be subject to and go.-
wed 6y the following documents la/ the award/contra., (6) the solicitation, d eery,
and (e) such provisions, representations, certifications,and specification as ore
attached or inmrpo.nted by reference heroin. (Attarment8 are !Wird herein.)
26. ❑ AWARD (Contractor rt not required to sign his document.) Your offer
on Solicitation Number including N.
additions or changes mode by you Which additions or changes are ret forth en full
above. is hereby accepted as to the nems lined oho. and en any continuation sheen.
This award consummates the contract which consists of she following documents. (a)
the Government's solicnatian and your offer, and Rif this award/canned No
further contractual document is necessary.
23. NAME OF CONTRACTOR Ci ty of Corpus Christi
BY
27. UNITED STATES OF AMERICA
BY
(S.gnatvre of Cantrochng Officer'
(S.gnoNn of person authorized to sign)
24. NAME AND TITLE OF SIGNER (Type or print)
Ernest M. Briones
Acting City Manager
23 DATE SIGNED
28. NAME OF CONTRACTING OFFICER (Type or print)
29 DATE SIGNED
26-105
1.Tr, 5.1 (0 (.i 2-0-211-"r:11 •11:._
TITLE VI ASSURANCES
The Contractor assures and certifies with respect to the federal funds received
under this contract that:
1. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
and in accordance with TITLE VI of the Act, no person in the United States
shall, on the ground of race, color, or national origin be excluded from
,participation in, be denied the benefits of, or be otherwise subjected to
' discrimination under any program or activity for which the applicant receives
Federal Financial assistance and will immediately take any measures necessary
to effectuate this agreement.
2. It will comply with TITLE VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d)
prohibiting employment discrimination where (1) the primary purpose of the
contract is to provide employment or (2) employment practices will cause
discrimination on the basis of race, color or national origin with respect
to beneficiaries or potential beneficiaries of the contract activity.
3. It will require similar assurances from all subcontractors at any tier.
TITLE VII CONFIDENTIALITY PROVISIONS
The Contractor agrees to abide by the confidentiality provisions of Title VII
as those provisions are interpreted by the EEOC. The Contractor shall not
make public in any manner whatever the following information if said information
is furnished by EEOC.
1. The existence of a Title VII charge filed by a particular charging party against
a particular respondent, unless a Title VII lawsuit involving that information
has been instituted.
2. Information obtained by the EEOC pursuant to its investigation authority
(709(a)), unless a TITLE VII lawsuit involving that information has been
instituted and;
3. Things said or done by the parties (i.e. TITLE VII charging parties and
respondents, and the EEOC) during efforts or conciliating a TITLE VII
charge, unless the parties give their consent in writing to such disclosure.
4. Pursuant to Paragraph 5(b) of the EEOC Memorandum of Understanding with
OFCCP, information compiled by OFCCP and provided to EEOC may be provided
to 706 Agencies upon their request. It is further understood and agreed
that the 706 Agency will not disclose to the public any such information
without first requesting and obtaining the express written approval of the
Director of OFCCP.
EEOC - Furnished EEO Reports may be made public by the contractor at or after
a 706 Agency hearing involving such information.
SCHEDULE
INDEX OF SCHEDULE
SECTION TITLE PAGES
E Services 4-2
F Description of Specifications 5-1 thru 5-4
G Preservation, Packaging, and Packing 6-1
H Deliveries or Performance 7-1
I Inspection and Acceptance 8-1
J Special Provisions 9-1 thru 9-5
J-1 Maintenance of Effort 9-1
J-2 Contract Monitor Representative (Headquarters) 9-1_
J-3 Contract Administering Officer 9-1
3-4 District Office State and Local Unit Supervisor 9-1 thru 9-2
J-5 Transfer of Title 9-2
J-6 Rights in Data 9-2
J-7 Indemnification 9-2
3-8 Acknowledgement or Sponsorship 9-2
J-9 Supervision and Liaison 9-2
J-10 Direct and Indirect Cost 9-3
J-11 Invoice Instructions 9-3 thru 9-4
J-12 Notice of Adverse Court actions.. 9-4
J-13 Payment Instructions 9-5
Payment Schedule Attachment A
Government Contract Contacts 10-1
General Provisions
4-1
11-1 thru 11-31
2/5010/ 0023
SECTION E - SERVICES
ITEM NUMBER DESCRIPTION AMOUNT
1 Processing of 91 New Charges, i.e.
charges filed on or after October 1,
1979, during the period October 1, $37,500.00
1981 and September 30, 1982.
TOTAL PRICE $37,500.00
4-2
r
SECTION F: SPECIFICATIONS
1. Development and Maintmance of Effort
Whereas, there is an acknowledged need to insure the employment rights
of individuals granted by Federal; State and Local anti -discrimination
laws, and,
Whereas, the Equal Employment Opportunity Commission is authorized by
statute to utilize the services of State and local FEP Agencies to
assist it in meeting its statutory mandate to enforce TITLE VII of the
Civil Rights -Act of 1964, as amended, and,
Nhereas, the Equal Employment Opportunity Commission pursuant to
Congressional mandate to establish and integrated system for more
expeditious processing of employment discrimination charges has
committed itself to developing such a system in partnership with
Fair Employment Practice Agencies, Now, Therefore, the rr.>' agency hereby
agrees to cooperate with the Equal Employment Opportunity Commission in
the development of a national, integrated employment discrimination
charge processing system by pursuing various objectives which include,
but are not limited to, the following:
(a) Implementation by the FEP Agency of expedited ,
procedures which provide for professionalized
intake, resolution of new charges on a current
basis, significant emphasis upon voluntary
settlements prior to determination, and
for the accelerated reduction of the km2 agency's
existing inventory of charges;
(b) The training of FEP agency personnel in rapid
charge processing and inventory reduction
procedures -compatible with those of the EEOC;
(c) Utilization by the FEP agency of an employment
discrmination charge from which, is acceptable_
to the EEOC and the tEP agency;
(d) Utilizztion by the FEP agency of processing
terminology (such as common language pertaining
to types of closures) that is the same as or com-
patible with that utilized by the Commission;
(e) Implementation of an internal management system
by the IEP agency which governs its early charge
resolution and inventory reduction systems by
establishing annual charge resolution objectives,
quantitative and qualitative goals, and timeframes
for charge processing; and establishment of
monitoring mechanism(s) which fix accountability
and track the FEP agency's progress in meeting its
objectives during the course of the contract year.
5-1
(f) the development of a national record keeping
system by the Couh«ission and the t Agency
which records all actions on charges filed
with the Commission and the 1.1.2 Agency;
(g) the development of a system to insure that
the Commission and the FEP Agency maintain
compatible procedural and substantive
standards; and
(h) the identification by the FEP Agency and the
Commission of legislative changes that may be
appropriate for the establishment of integrated
and efficient charge processing systems.
The FEP Agency further agrees that when agreement on implementation on
any of the above mentioned items is reached, such agreement shall be
incorporated in a memorandum of understanding and/or uorksharing
agreements providing for implementation at the earliest possible date.
It is further understood and expressly agreed to by both parties to
this contract that, as a condition to the maintenance of this contract,
the kt.P Agency shall:
(a) implement in cooperation with the Commission,
a system which permits each party to perform
various functions on behalf of the other,
inter alia, accepting charges for each other,
within s h statutory limits as may exist; and
(b) commit itself to maintenance of effort. It is
the intention of the EEOC to purchase services
Liwu the FEP agency. Therefore, should the FEP
Agency or the governmental body which provides
its funds reduce the FEP Agency's resources in
anticipation of or as a result of EEOC contract .
funds, it is expressly agreed and fully under-
stood that the EEOC shall consider such reduction
in kt.P Agency resources to be a material breach
of this contract which may require the FEP agency
to return all or a portion of the funds provided
by the EEOC under this contract.
It is understood and expressly agreed to by both parties to this contract
that, as a condition to the maintenance of this contract, there be a Work -
sharing Agreement in effect between the FEP Agency and the EEOC. It is
understood and agreed to that, at a minimum the Worksharing Agreement
contain a provision effecting a waiver of exclusive jurisdiction/initial
processing by the FEP Agency over a certain percentage of charges so as to
permit and effect a rational distribution of warkload between the FEP Agency
and the EEOC. The percentage of charges to be so waived shall be determined
by voluntary negotiation between the FEP Agency and the appropriate EEOC
District Office.
5-2
2. Processins of Charges
(a) The kr.Y agency as the Contractor, covenants and agrees for
adequate consideration, as stated in Section E, during the
term of this contract to process individual charges of
employment discrimination which have been dual -filed and/or
deferred to the Agency by the Commission. The District
Director shall be responsible for transmitting charges to the
Agency. The Agency further covenants and agrees that
acceptable resolutions shall inclwie no cause findings,
successful settlements, successful conciliations, administrative
closures, and final orders issued following and pursuant to
administrative hearings. No contract credit will be awarded
by EEOC for closures by the the Agency based on no jurisdiction
(except in cases where an investigation is actually required to
determine jurisdiction) and closure based on the charging
party's failure to establish a bona fide charge.
(b) All charges processed under this Contract by the PEP Agency
shall be processed as follows:
(1) All Charges will be evaluated and
determination made in accordance
with the theories of non-discrimi-
nation in employment as developed
under Titre VII of the Civil Rights
Act of 1964 as amended.
(2) Investigation and resolution of in-
dividual charges pursuant to this
agreement shall be conducted in a
manner designed to effectuate relief
for the charging parry and shall be
carried out as expeditiously as possible.
(3). All final actions for which payment is
regiiPsted under this contract will be
processed in compliance with EEOC Order
916, Appendix A, Substantial Weight
Review Procedures.
(4) Charges processed pursuant to this
agreement will be designated on a
monthly status report from the Agency
to the Commission's District Office.
(5) All charges will be processed by
the Agency in accordance to, and
consistent with the applicable State
and Local Law of the Agency.
5-3
(c)
Charges processed under this contract shall be new charges,
i.e. charges of employment discrimination filed on or after
October 1, 1979, and shall be in addition to any charge
processing resulting from any contract(s) for the Resolution
of Backlog Charges that may be in effect between the FEP
Agency and the EEOC during the term of this contract.
5-4
SECTION G- PRESERVATION, PACKAGING, AND PACKING
ITEK 1 - Charge/case file materials and reports to be furnish
to the District Office shall be adequately packaged
to assure safe delivery at the designated office.
ITES 2 - FEP Agency shall preserve all case file and records
relevant to all charges or actions until final disposition
of such charges or action by the FEP Agency and the
Commission and other federal authorities including federal
colffts.
6-1
SECTION H - DELIVERIES OR PERFORMANCE
The work to be performed hereunder shall be completed by September 30, 1982.
A. The FEP Agency shall submit for each month during the period of
performance a Monthly Report to the District Office pertaining
to charges resolved and submitted to the District Office for
substantial weight review. This Monthly Report shall consist of
1) EEOC Form 322 completed according to the instructions set forth
in the April 22, 1980 memorandum of the Director of the Office of
Field Services (entitled "Procedures Related to Revised EEOC Form
322 Reporting Requirements Under Charge Resolution Contracts") and
2) of the backing "detail" sheet required by said memorandum. The
Monthly Report will be submitted beginning with month of October
1981, due on or before November 8, 1981. The Monthly Report must
be submitted to and received by the Contract Administering Office
(the Commission's District Office) not later than the 8th calendar
day of each subsequent month (See Section K).
B. Separately, the FEP Agency shall furnish to the Office of Field
Services, State and Local Division, Washington, D.C. written
reports as may be expressly required by that unit.
7-1
}
SECTION I - IIVSFECTION AND ACCU'PANCE
Inspection and Acceptance shall be made by the contract administering
Officer or his/her designee an behalf of the Director, Office of Field
Services, Equal Employment Opportyhity Ccm ssion. Inspection and
Acceptance shall be made pursuant to standards set forth in EEOC's
Camliance Msnual and in EEOC Order 916, appendix A. Substanria1
Gielont iR iesa _oced[res.
8-1
SECTION J - SPtCI'AL PhOVISIoNS
The Special Provisions of this contract are as follows:
J-1 MAINTENANCE OF EFFORT
It is the intention'of the EEOC to provide funds to the FEP Agency
in order to supplement it's current level of funding. Therefore,
should the FEP Agency or the governmental body which provides its
fiord reduce the FEP Agency's resources in anticipation of or as a
result of EEOC contract funds, the EEOC may consider such rerh,rtion
in FEP Agency resources to be a material breach of this contract -
which requires the FEP Agency to return all or a portion of the
funds provided by the EEOC under this contract.
J-2 CONTRACT MCNTTOR REPRESENTATIVE (HEADQUARTERS)
The Director of the Office of Field Services is designated the over -
a11 Government's Contract Monitor Representative. In this capacity,
the overall Contract Monitor will provide guidance and direction to
the Contract Adadni.stering Officer.
J-3 CONTRACT ALMEiISTER11'G OFFICER
The Contract Administering Officer is the District Director designated
in Block ;6 of the SF -26, who shall perform necessary liaison with
the Contractor. The Contract AdMinistering Officer shall monitor
the contract for the Director, Office of Field Services and provide
the the Contractor with technical guidance. Technical guidance shall
mean filling in details or otherwise explaining the scope of work and
the requirements set forth in the contract. It is intended that the
derni1s or suggestions furnished shall be within the general scope of
work as set forth in the contract and shall not constitute any changes
in terms and conditions of the contract. The Contract Admi.niste-ring
Officer
Of the
has the esponibility for monitoring and evaluating all phases
the technical
Contractor'srequirements
performance in order to determine compliance with
of the contract.
J-4 DISTRICT OFFICE STATE AND LOCAL UNIT SUPERVISOR
The District Office State and Local Unit Supervisor is the designee
of the Contract Artini tering Officer in connection with the perform-
ance of this contract. The State and Local Unit Supervisor shall
monitor the contract for the Contract Administering Officer and
provide the Contractor with technical guidance. Technical guidance
shall mean filling in the details or otherwise explainingthe scope
of work and the requirements set forth in the contract. It is intended
that the details or suggestions furnished shall be within the general
scope of work as set forth in the contract and shall not constitute
any changes in terms or conditions of the contract. The State and
9-1
Local Unit Supervisor has the responsibility for monitoring and evaluating
all phases of the Contractor's performance in order to determine compliance
with the technical requirements of the contract.
J-5 TRANSFER OF TITLE
Title to equipment and furniture purled with funds available
under this contract shall vest with the FEP Agency '(Subject to the
disposition instructions from tracting Offices.)
Tel be madePEP AAgency
a e s, az a condition to taking title, that no Charge
wior use charge with respectto �� n -equipment
eeundion, amortization
der any exiti,
future Government contract or subcontracts thereunder. or
J-6 RIGHTS IN DATA
The Goverment and the PEP Agency shall exercise joint ownership over
all case files, created and developed in the performance of this con-
tract. The Goverrment shall have access to such case files at all
reasonable tis while they are in the possession of the PEP Agency.
time
EP Agency shall have arces to such case files at all reasonable
they are in the possession of the Equal Employment
Opportunity Commission. No case files, reports, studies,s
or other information collected or created in the performance of this
contract shall be released by the FEP Agency except as authorized in
accordance with Confidentiality Provisicans set forth at the beginning of
the contract.
J-7 INEEMIFICATICLI
TheFEP A enc agrees to indemnify the Government, its officer, agents,
employeof p�,+,ae assignees, for all claims of any nature arising out
this contract, including costs and expenses resulting
from such claims
J-8 ACIZINIZCGEMENT OR SPCKSORSHIP
The FEP Agency agrees .that in the ccmamaicatico or release of all
information concerning. work performed or work to be performed under
this contract, such carnunication or release, whether in writing or
otherwise, shall be jointly approved by the Contract Administering
Office and the FEP Agency, and shall include a statement to the
effect that the project or effort depicted was or is co-sponsored by
the Equal Employment Cpportunity Commdssion.
J-9 SUPERVISION AND LIAISON
of Equal
Employment Opportunity fission through its Director, Office
Services has delegated to the District Director, responsibility
on behalf of the Government for reviewing the FEE lianP
the contract and Agency e� o ?with
Scope of Work of evaluating Fid Agency perf�+++a.,,•e according to the
9-2
J-10 DIRECT AND INDIRECT COSTS
FEP Agencies are hereby informed that no additional funds will be
added for direct or indirect costs that are not already included •
in the total cost of this contract.
J-11 INVOICE INSTRUCTIONS
(a) General. Strict compliance with the instruction will
facilitate early payment of invoices. No payments,
however, can he made until this contract and subsequent
modifications are returned, properly executed, to the
Equal Employment Opportunity Commission, 2401 E Street,
N.W., Washington, D.C. 20506, Attn: Contracting
Officer, Room 3200.
(b) Invoice Forms. The Contractor must use copies of the
"Public Voucher for Purchases and Services Other Than
Personal", Standard Form 1034. Copies of the form may
be obtained from the Contract Administering Office.
Payments shall be invoiced in accordance with the payment schedule
attached to this contract.
Step 1 - The Contractor will prepare, sign and submit copies
of "Public Voucher for Purchases and Services Other
Than Personal", Standard Form 1034, to the Contract
Administering Officer. Vouchers for advance payments
must be received by the Contract Administering Officer
by the 10th of the month if payment is wished near the
first of the subsequent month. Vouchers for payment
of final actions actually produced should be submitted
to the Contract Administering Officer as soon after
the completion of a Fiscal Quarter as possible, and
must be accompanied by copies of the Contractor's
EEOC Form 322, "FEP Agency - Monthly Statistical
Report. The Contractor will type the following
certification in the "Articles or Services" section
of each Form 1034 submitted: "Contractor certifies
that all final actions for which payment is requested
were processed in compliance with EEOC Order 916,
Appendix A, "Substantial Weight Review Procedures".
9-3
•
Step 2 - The Contract A.dnuuistering Officer will receive and
review the Standard Form 1034. If found correct and
proper for payment, the Contract Administering Officer
will sign the Standard Form 1034. The Contract
Administering Officer, however, is empowered to modify
payment mounts on vouchers submitted for actual pro-
duction payment based upon assessment of final actions
received and accepted, and will advise the Contractor
of any modifications made and the reasons therefore.
Step 3 - The Contract Administering Officer will detach one
yellow cony of Standard Form 1034, then mail the
original and remaining copies of the Standard Form
1034 to:
Equal Employment Opportunity Commission
Finance Branch
2401 E Street, N.W. - Room 3228
Washington, D.C. 20506
Step - 4 The Contract Administering Officer will mail the
detached yellow copy to the Contracting Officer
for inclusion in the contract file, addressed as
follows:
Equal cloyment Opportunity Commission
Director, Contract and Procurement Division
2401 E Street, N.W. - Room 3200
Washington, D.C. 20506
J-12 NOTICE OF ADVERSE COURT ACTION
The Contractor will provide written notice to the Director, State
and Local Division, Office of Field Services, of any adverse local,
state or federal court decision issued against the Contractor
relevant to the Equal Opportunity clauses, Section L, of this
contract. Such notice shall be provided within 10 days of the
court's decision.
9-4
J-13 PAYMENT INSTRUCTIONS
All payments made tinder this contract will be made by vouchers submitted
to the Contract Adlinistrator (District Director) and shall be in
accordance with the following:
A. The total amount awarded under this contract shall be
divided equally into four (4) quarters.
B. An advance payment not to exceed eighty (80) percent of
each quarter's allowance (twenty (20) percent of the
total contract) may be made commencing with the effective
date of the contract for the first quarter by voucher
submitted with the contract. Subsequent quarterly advance
payments may be vouchered no later than the 10th of the
last month in each quarter (December, March, June) to insure
receipt of advance fumds as near to the beginning of each
quarter as possible.
C. The remaining twenty (20) percent of the total contract will
be vour_hered quarterly based upon actual production curing
that quarter. At the end of each quarter, each agency will
submit a voucher for its actual accepted final actions which
exceed the amrsnt of its advance payment, for review and
approval by the Contract Administrator (District Director)
and subsequent payment. The Contract Administrator is
empowered to approve payment authorization, as appropriate,
for actual production exceeding the quarterly advance.
The Contract Administrator is further empowered to authorize
payment for the full amount of the contract at any time that
an agency completes the number of final actions required by
the contract.
D. The Contract Administrator will review production on a quarterly
basis. In the event a contractor's quarterly production is
less than the amount for which advance payment has been received,
the Contractor agrees to accept the Contract Ada nistrator's
reccacendations for contract modification, if made, or to submit
a plan of action if requested, to assure future production of
the number of acceptable resolutions contracted for. In the
event that the Contractor does not agree to a modification of
a contract, the Contract Administrator is empowered to withhold
approval for payment from the Contractor by not executing the
voucher and by providing an explanation to the Contractor
detailing the reasons for withholding of payment.
9-5
PAYMENT SCHEDULE FOR VOUCHERING UNDER
FY 82 NEW CHARGE CONTRACTS
Percentage of Total
Voucher Date Contract Allocation Type of Voucher Payment
1. 10/1/81 20% Advance
2. 12/10/81 20% Advance
3. 1/8/82
Based on Actual Production
4. 3/10/82 2Q% Advance
5. 4/8/82
Based on Actual Production
6. 6/10/82 20% Advance
7. 7/8/82 _ _
Based on Actual Production
8. 10/8/82 Not to exceed Based on Actual Production
Contract Amount
A
SECTION K - COVERMEYT CONTRACT O m ACT
Contracting Officer:
Place of Acceptance:
Accounting and Appropriation Data:
Contract Administration Office:
Contract Monitor Representative:
Paying Office:
FEP Agency Contract and Address
(The address to which payments
should be mailed by the Govern-
ment)
Contract Administering Officer:
District Office:
Contract Sperialist:
10-1
William B. Jackson
EEOC, Contracting Officer
Telephone: (202) 634-7674
District Office (See Block 6 of
Standard Form 26)
See Block 14 of Standard Form 26
See Administration Office in Block 6
of Standrad Form 26
Martin I. Slate, Director
Office of Field Services
EEOC, Finance Branch
2401 E Street, N.W., Room 3228
Washington, D.C. 20506
Telephone: (202) 634-7050
See Block 8 of SF -26
See Clause J-3
District Director
(See Block 6 of SF -26
' Joyce A. Faison
Contract & Procurement Division
2401 E Street, N.W., Roam 3200
Washington, D.C. 20506
Telephone: (202) 634-7674
-
STATE & LOCAL (FIRM FIXED PRICE CLAUSES)
SECTION L - GENERAL PROVISIONS
INDEX OF GENERAL PROVISIONS
TITLE
PAGE NUMBER
L-1 Definitions 11-1 •
L-2 Changes 11-1
L-3 Extras 11-1
L-4 Variation in Quantity 11-2 •
L-5 Inspection 11-2 thru 11-3
L-6 Responsibility for Supplies 11-3
L-7 Payments 11-3
L-8 Assignment -of Claims 11-3 thru 11-4
L-9 Federal, State, and Local Taxes 11-4 thru 11-5
L-10 Default 11-5 thru 11-7
L-11 Disputes 11-7 thru 11-3
L-12 Buy American Act 11-8 thru 11-9
L-13 Contract Work Hours and Safety Standard Act - Over-
time Compensation .11-9 thru 11-10
L-14 Equal Opportunity Clause .11-10 thru 11-11
L-15 Officials Not To Benefit 11-11
L-16 Covenant Against Contingent Fee 11-11
L-17 Termination for Convenience Of The Government 11-11
L-18 - Pricing Of Adjustments 11-11
L-19 Examination of Records By Comptroller General 11-12
L-20 Notice and Assistance Regarding Patent and Copyright
Infringement 11-12
L-21 ' Convict Labor 11-13
-C\ - GENERAL PROVISIONS
=DEM OF GLAEL PROVISIONS
711T- "E
L-22 Payment of Interest st oa Contractor's Claims
L -Z.3 Utilization of Minority Business Concerns and
Small Business Concerns Owned and Controlled
by Socially and Economically Disadvantaged
Individuals
• PAGE ;'L/SER
L-24 Price Reduction For Defective Cost or
Pricing Data
11-14
11-14 thru 11-13
L-�5 Audit and Records
11-15 thru 11-16
L-26 Subcontractor Cost or Pricing —g Data .1I-16 chru 11-17
L-27 Employment of the -Handicapped
11-17 thru 11-18
L-28 Disabled Veterans and: Veterans of the Vietnam
Era
.11-18 chru 11-20
L-29 Service Cont=act Act of 1963 (AS QED) 11-20 thru 11-26
L-30 Responsibilities of Contractor
11-26
L-31 Utilization of Labor Surplus Area Concerts .11-26 thru 11-27
L-32 Clean Air and Water
11-27 thru 11-23
L-33 Advance Payments
11'29 thru 11-30
L-34 Privacy Act
11-31
SECTION L - GENERAL PROVISIONS
L-1 DEFINITIONS (1-7.102-1)
As used throughout 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 representa-
tive of a Contracting Officer acting within the limits of his authority.
(c) Except as otherwise provided in this contract, the term "subcontract"
includes purchase orders under this contract.
Additional definitions may be included provided they are not inconsistent with
the clause or the provisions of these regulations.
L-2 CHANGES (1-7.102-2)
The Contracting Officer may at any time, by a written order, and without
notice to the sureties, make changes, within the general scope of this
contract, in any one or more of the following: (1) Drawings, designs,
or specifications, where the supplies to be furnished are to be specially
manufactured for the Government in accordance therewith; (2) method of
shipment and packing; and (3) place of delivery. If any such changes
cause an increase or decrease in the cost of, or the time required for, the
performance of any part of the work under this contract, whether changed
or not changed by any such order, an equitable adjustment shall be made in
the contract price or delivery schedule, or both, and the contract shall
be modified in writing accordingly. Any claim by the Contract for adjust-
ment under this clause must be asserted within 30 days from the date of
receipt by the Contractor of the notification of change: Provide, however,
that the Contracting Officer, if he decides that the facts justify such
action, may receive and act upon any such claim asserted at any time
prior to final payment under this contract. Where the cost of property
made obsolete or excess as a result of a change is included in the
Contractor's claim for adjustment, the Contracting Officer shall have the
right to prescribe the manner of disposition of such property. Failure to
agree to any adjustment shall be a dispute concerning a question of fact
within the meaning of the cluase of this contract entitled "Disputes".
However, nothing in this clause shall excuse the Contractor from proceeding
with the contract as changed.
L-3 EXTRAS (1-7.102-3)
Except as otherwise provided in this contract, no payment for extras shall
be made unless such extras and the prices therefore have been authorized
in writing by the Contracting Officer.
L-4 VARIATION IN QUANTITY (1-7.102-4)
No variation in the quantity of any item called for by this contract will
be accepted unless such variation has been caused by conditions of loading,
shipping, or packing, or allowances in manufacturing processess, and then
only to the extent, if any, specified elsewhere in this contract.
L-5 INSPECTION (1-7.102-5)
(a) All supplies (which term throughout this clause includes without
limitation raw materials, components, intermediate assembles, and
end products) shall be subject to inspection and test by the Govern-
ment, to the extent practical at all times and places including the
period of manufacture, and in any event prior to acceptance.
(b) In case any supplies or lots of supplies are defective in material or
Workmanship or otherwise not in conformity with the requirements of
this contract, the Government shall have the right either to reject
them (with or without instructions as to their disposition) or to
require their correction. Supplies or lots of supplies which have
been rejected or required to be corrected shall be removed or, if
permitted or required by the Contracting Officer, corrected in place
by and at the expense of the Contractor promptly after notice, and
shall not thereafter be tendered for acceptance unless the former
rejection or requirement of correction is disclosed. If the Con-
tractor fails promptly to remove such supplies or lots of supplies
which are required to be removed, or promptly to replace or correct
such supplies or lots of supplies, the Government either (i) may
by contract or otherwise replace or correct such supplies and charge
to the Contractor the cost occasioned the Government thereby, or
(ii) may terminate this contract for default as provided in the
clause of this contract entitled "Default". Unless the Contractor
corrects or replaces such supplies within the delivery schedule, the
Contracting Officer may require the delivery of such supplies at a
reduction in price which is equitable under the circumstances. Failure
to agree to such reduction of price shall be a dispute concerning a
question of fact within the meaning of the clause of this contract
entitled "Disputes".
(c) If any inspection or test is made by the Government on the premises of
the Contractor or a subcontractor, the contractor without additional
charge shall provide all reasonable facilities and assistance for the
safety and convenience of the Government inspectors in the, performance
of their duties. If Government inspection or test is made at a point
other than the premises of the Contractor or a subcontractor, it shall
be at the expense of the Government except as otherwise provided in
this contract: Provided, That in case of rejection the Government
shall not be liable for any reduction in value of samples used in
connection with such inspection or test. All inspections and tests by
the Government shall be performed in such a manner as not to unduly
delay the work. The government reserves the right to charge to the
contractor any additional cost of government inspection and test when
supplies are not ready at the time such inspection and test is requested
by the contractor or when reinspection or retest is necessitated by
prior rejection. Acceptance or rejection of the supplies shall be
made as promptly as practical after delivery, except as otherwise pro-
vided in this contract; but failure to inspect and -accept or reject
` 11-2
supplies shall neither relieve the contractor from responsibility
for such supplies as are not in accordance with the contract
requirements nor impose liability on the Government therefore.
(d) The inspection and test by the Government of any supplies or lots
thereof does not relieve the contractor from any responsibility
regarding defects or other failures to meet the contract require-
ments which may be discovered prior to acceptance. Except as
otherwise provided in this contract, acceptance shall be con-
clusive except as regards latent defects, fraud, or such gross
mistakes as amount to fraud.
(e)
The contractor shall provide and maintain an inspection system
acceptable to the government covering the supplies hereunder.
Records of all inspection work by the contractor shall be kept
complete and available to the government during the performance
of this contract and for such longer period as may be specified
elsewhere in this contract.
L-6 RESPONSIBILITY FOR SUPPLIES (1-7.102-6)
Except as otherwise provided in this contract, (i) the contractor shall
be responsible for the supplies covered by this contract until.they are
delivered at the designated delivery point, regardless of the point of
inspection; (ii) after delivery to the Government at the designated point
and prior to acceptance by the Government or rejection and giving notice
thereof by the Government, the Government shall be responsible for the
loss or destruction of or damage to the -supplies only if such loss, destruction,
or damage results from the negligence of officers, agents, or employees of
the Government acting within the scope of their employment; and (iii) the
contractor shall bear all risks as to =ejected supplies after notice of
rejection, except that the Government shall be responsible for the loss,
or destruction of, or damage to the supplies only is such loss, destruction
or damage results from the gross negligence of officers, agents, or employees
of the Government acting within the scope of their employment.
L-7 PAYMENTS (1-7.102-7)
The contractor shall be paid, upon the submission of proper invoices or
vouchers, the prices stipulated herein for supplies delivered and accepted
or services rendered and accepted, less deductions, if any, as herein
provided. Unless otherwise specified, payment will be made on partial
deliveries accepted by the government when the amount due on such deliveries
so warrants; or, when requested by the Contractor, payment for atcepted partial
deliveries shall be made whenever such payment would equal or exceed either
$1,000 or 50 percent of the total amount of this contract.
L-8 ASSIG`MENTS OF CLAIMS (1-30.703)
(a) Pursuant to the provisions of the Assignment of Claims Act of 1940,
- as amended (31 U.S.C. 203, 41 U.S.C. 15), if this contract provides
for payments aggregating $1,000 or more, claims for moneys due or to
became due the contractor from the Government under this contract
may be assigned to a bank, trust company, or other financing in-
stitution, including any Federal lending agency, and may thereafter
be further assigned and reassigned to any such institution. Any
such assignment or reassignment shall cover all amounts payable
under this contract and not already paid, and shall not be made to
11-3
more than one par:,, exept that any such assignment or reassignment
may be made to one party as agent or trustee for two or more parties
partic pat ag in such financing. Unless otherwise provided in this
payments to assignee of any moneys due or to became due
under this contract shall not, to the extent
as amended, be subject to reduction or setoffPrnv:ded in said Act,
(The preceding sentence applies only if this contract is made in time
of war or national emergency as defined in said Act and is with the
Department of Defense, the General Services Energythe
Research and Development Administration, the National Aeronautics and
Space Administration, the Federal Aviation Agency. or any other department
or agency of the United States designed by the President pursuant to Clause
4 of the proviso of Section 1 of the Assiznment of Claims Act of 1940, as
amended:by the Act of May 15, 1951, 65 Stat. 41.)
(b) In no event shall copies of this contract or of any plans,
specifications, or other similar documents relating to work under
this contract, if marked "Top Secret," "Secret" or "Confidential,"
be furnished to any assignee of any claim arising under this contract
or to any other person not entitled to receive the same. However, a
copy of any part or all of this contract so marked may be furnished,
or any information contained therein may be disclosed, to such assignee
upon the prior written authorization of the Contracting Officer.
L-9 FIDr„d' AL•, STATE AND LOCAL TAXES -U-11.401-1)
(a) EaCept as may be otherwise provided in this contract, the contract
includes all applicable Fede_ -al, State and local taxes and duties.
(b) Nevertheless, with respect to any Federal excise tax or duty on the
transactions or property covered by this contract, if a statute, court
decision, written ruling, or regulation takes effect after the contract
date, and --
(I)
(I) Results in the contractor being required to pay or bear the burden
of any such Federal excise tax or duty or increase in the rata thereof
which would not otherwise have been payable on such transactions or
property, the contract price shall be increased by the amount of such
tax or duty or rate increase: Provided, That the Contractor if requested
by the contracting officer, warrants in writing that no amount for such
newly imposed Federal excise tax or dury or rate increase was included
in the contract price as a contingency reserve or otherwise; or
(2) Results in the contractor not being
red to pay
burden of, or is his obtaining a r umd orgdrawback of, or bearc the Federal
,
excise tax or duty which would otherwise have bean payable an h
transactions or proper=y or which was the basis of any increase in the
act
Price, the contract price shall be decreased by the amount
of the relief, refund, or drawback, or that amount shall be paid to
government, as directed by the contracting officer. The contract price
shall be si^-'arty decreased if the contractor, row hf
neg'rgence or his failure :o fallow instructions of the eb ntract=ngr
officer, is required to pay or bear :he burden of, or does not obtain
a refund or drawback oi, any such Federal excise tax or duty.
11-4
•
(c) No adjustment pursuant to paragraph (b) above will be made under
this contract unless the aggregate amount thereof is or may reasonably
be expected to be over $100.
(d) As used in paragraph (b) above, the term "contract date" means
the date set for the bid opening, or if this is a negotiated contract,
the date of this contract. As to additional supplies or services
procured by modification to this contract the term "contract date"
means the date of such modification.
(e) Unless there does not exist any reasonable basis to substain an
exemption, the Government, upon request of the contractor, without
further liability, agrees, except as otherwise provided in this
contract, to furnish evidence appropriate to establish exemption from
any tax which the contractor warrants in writing was excluded from the
contract price. In addition, the contracting officer may furnish
evidence to establish exemption from any tax that may, pursuant to
this clause, give rise to either an increase or decrease in the contract
price. Except as otherwise provided in this contract, evidence
appropriate to establish exemption from duties will be furnish only
at the discretion of the contracting officer.
(f) The contractor shall promptly notify the contracting officer of
matters which willresult in either an increase or decrease in the
contract price, and shall take action with respect thereto as directed
by the contracting officer.
L-10 DEFAULT (1-8.707)
(a) The Government may, subject to the provisions of paragraph (c) below,
by written notice of default to the contractor, terminate the whole or
any part of this contract in any one of the following circumstances:
(i) If the contractor fails to make delivery of the supplies or to
perform the services within the time specified herein or any extension
thereof; or
(ii) If the contractor fails to perform any of the other provision
of this contract, or so fails to make progress as the endanger performance
of this contract in accordance with its terms, and in either of these
two circumstances does not cure such failure within a period of 10 days
(or such longer period as the Contracting Officer may authorize in
writing) after receipt of notice from the contracting officer specifying
such failure.
(b) In the event the Government terminate this contract in whole or in part
as provided in paragraph (a) of this clause, the government may procure,
upon such terms and in such manner as the contracting officer may deem
appropriate, supplies or services similar to those so terminated, and
the contractor shall be liable to the government for any excess costs
for such similar supplies or services: Provided, That the contractor
shall continue the performance of this contract to the extent not
terminated under the provisions of this clause.
11-5
(c) Except with respect to defaults of subcontractors, the
contractor shall not be liable for any excess costs if the
failure to perform the contract arises out of causes beyond
the control and without the fault or negligence of the
contractor. Such causes may include, but are not restricted
to acts of god or of the public enemy, acts of the govern-
ment in either its sovereign or contractual capacity, fires,
'floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather; but in every case
the failure to perform must be beyond the control and with-
out the fault or negligence of the contractor. If the
failure to perform is caused by the default of a sub -contractor,
and if such default arises out of causes beyond the control
of both the contractor and subcontractor, and without the
fault or negligence of either of them, the contractor shall
not be liable for any excess costs for failure to perform,
unless the supplies or services to be furnished by the
sub -contractor were obtainable from other sources in sufficient
time to permit the contractor to meet the required delivery
schedule.
(d) If this contract is terminated as provided in paragraph (a) of
this clause the Government, in addition to any other rights provided
in this clause,. may require the contractor to transfer title.and
deliver to the government, in the manner and to the extent directed
by the contracting officer, (1) any completed supplies, and (ii)
such partially completed supplies and materials, parts, dies, -
jigs, fixtures, plans, drawings, information, and contract rights
(hereinafter called "manufacturing materials") as the contractor
has specifically produced or specifically acquired for the performance
of such part of this contract as has been terminated; and the Con-
tractor shall, upon direction of the contracting officer, protect
and preserve property in possession of the contractor in which the
government has an interest. Payment for completed supplies delivered
to and accepted by the government shall be at the contract price.
Payment for manufacturing materials delivered to and accept by the
government and for the protection and preservation of property shall
be in an amount agreed upon by the contractor and contracting officer;
failure to agree to such amount shall be a dispute concerning a ques-
tion of fact within the meaning of the clause of this contract entitled
"Disputes." The government may withhold from amounts otherwise due
the contractor for such completed supplies or manufacturing materials
such sum as the contracting officer determines to be necessary to protect
the government against loss because of outstanding liens or claims of
former lien holders.
(e) If, after notice of termination of this contract under the provision
of this clause, it is determined for any reason that the contractor was
not in default under the provisions of this eluase, or that the default
-was excusable under the provisions of this clause, the rights and
obligations of the parties shall, if the contract contains a clause
providing for termination for convenience of the government, be the same
as if the notice of termination has been issued pursuant to such clause.
If, after notice of termination of this contract under the provisions of
this clause, it is determined for any reason that the contractor was not
in default under the provisions of this clause, and if his contract does
not contain a clause providing for termination for convenience of the
11-6
Government, the contract shall be equitably adjusted to compensate for
such termination and the contract modified accordingly; failure to
agree to any such adjustment shall be a dispute concerning a question
of fact within the meaning of the clause of this contract entitled
"Disputes."
(f) The rights'and remedies of the Government provided in this clause
shall not be exclusive and are in addition to any other rights and
remedies provided by law or under this contract.
(g) As used in paragraph (c) of this clause, the terms "subcontractor"
and "sub -contractors", means subcontractor(s) at any tier.
L-11 DISPUTES CLAUSE (1-7.102-12)
(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 con-
tract, the contractor may submit a claim to the Contracting Officer
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) For which a Contracting Officer's decision is demanded.
(c) In the case of disputed requests or amendments to such requests
for payment exceeding $50,000, or with any amendment causing the
total request in dispute to exceed $50,000, the Contractor shall
certify, at the time of submission as a claim, as follows:
I certify that the claim is made in good faith, that the supporting
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 Government
is liable.
(Contractor's Name)
(Title)
11-7
(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.Pub. 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 final and con-
clusive 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.
L-12 BU]C AMERICAN ACT (1-6:104-5)
(a) In acquiring end products, The Buy American Act (41 U.S.Codes
10a -10d) provides that the Government give preference to domestic
source end products. For the purpose of this clause: (i) "Components"
means those articles, materials and supplies, which are directly
incorporated in the end products, (ii) "End Products" means those
articles, materials, and supplies, which are to be acquired under this
contract for public use; and (iii) A "domestic source end product"
means (a) an unmanufactured end product which has been mined or pro-
duced in the United States and (b) an end product manufactured in the
United States if the cost of the components thereof which are mined,
produced, or manufactured in the United States exceed 50 percent of the
cost of all its components. For the purpose of this (a) (iii) (B),
components of foreign origin of the same type or kind as the products •
referred to in (b) (ii) or (iii) of this clause shall be treated as
11-8
components mined, produced, or manufactured in the United States.
(b) The Contractor agrees that there will be delivered under this
contract only domestic source end products, except end products:
(i) which are for use outside the United States; (ii) Which the
Government determines are not mined, produced, or manufactured in
the United States in sufficient and reasonably available commercial
quantities and of a satisfactory quality; (iii) As to which the
Secretary determines the domestic preference to be inconsistent with
the public interest; or (iv) As to which the head of the agency determines
the cost to the government to be unreasonable.
(The foregoing requirements are administered in accordance with
Executive Order No. 10582, dated December 17, 1954.) •
L-13 CONTRACT WORK HOURS AND SAFETY STANDARD ACT - OVERTIME COMPENSATION (1-12.303)
This contract, to the extent that it is or a character specified in the
contract Work Hours and Safety Standard Act (40 U.S.C. 327-333), is
subject to the following provisions and to all other applicable pro-
visions 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 em-
ployment of laborers, mechanics, apprentices, trainees,, 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 8 hours in any calendar day or in excess of 40 hours
in such workweek 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 8 hours in any calendar day or in excess of 40 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 therefore shall be liable to any affected
employee for his unpaid wages. In addition, such contractor and sub-
contractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with repect to each individual
laborer, mechanic, 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 employed on such
work in excess of 8 hours or in excess of his standard workweek of 40
hours without payment of the overtime 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 perfomed by the Contractor or subcontractor,
such sums as may administratively be determined to be necessary to satisfy
any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the provisions of paragraph(b).
(d) Subcontracts. The Contractor shall insert paragraphs (a) through (d)
of this clause in all subcontracts, and shall require their inclusion in
all subcontracts of any tier.
11-9
(e) Records. The Contractor shall maintain payroll records containing
the information specified in 29 CFR 516.2(a). Such records shall be
preserved for 3 years from the completion of the contract.
L-14 EQUAL OPPORTUNITY CLAUSE (1-12.803-2)
(a) The Contractor will not dicriminate against any employee or applicant
for employment because of race, color, religion, sex, or national origin.
The contractor will take affirmative action to ensure 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 included, 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 conspicuous places, available to employees
and applicants for employment, notices to be provided by the contracting
officer seeting forth the provisions of this Equal Opportunity 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 recieve consideration for employment without
regard to race, color, religion, sex, or national origin.
(c) The Contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding a notice, to be provided by the agency Contract-
ing Officer, advising the labor union or workers representative of the
Contractor's commitments under this Equal Opportunity Clause, 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, regulations, and
relevant orders of the Secretary of Labor.
(e) The Contractor will furnish all information and reports required 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 contract-
ing 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 Equal
Opportunity Clause of this contract or with any of the said rules,
regulations, or orders, this contract may be canceled, terminated; or
suspended, in whole or in part and the contractor may be declared in-
eligible for further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions as may be imposed and remedies invoked as provided in
Executive Order No. 11246 of September 24, 1965, or by rule, regulations,
•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 pursuant to
Section 204 of Executive Order No. 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor.
11-10
The contractor will take such action with respect to any subcontract
or purchase order as the contracting agency may direct as a means
of enforcing such provisions, including sanctions for noncompliance:
Provided, however, That in the event the Contractor becomes involved in,
or is threatened with, litigation with a subcontract or vendor as a
result of such direction by the Contracting Agency, the Contractor
may request the United States to enter into such litigation to protect
the interests of the United States.
L-15 OFFICIALS NOT TO BENEFIT (1-7.102-17)
No member of or delegate to Congress, or resident commissioner, shall
be admitted to any share or part of this contract, or to any benefit
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.
L-16 COVENANT AGAINST CONTINGENT FEES (1-1.503)
The contractor warrants that no person or selling agency has been employed
or retained to solicit or secure this contract upon an agreement or under-
standing for a commission, percentage, brokerage, or contingent fee, ex-
cepting bona fide employees or bona fide established commerical or -selling
agencies maintained by the Contractor 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.
L-17 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (1-8.705-1) Termination Clause
for fixed price contracts.
(a) Applicable to (i) supply contracts not in excess of $100,000, and (ii)
service contracts of any amount. This Contracting Officer, by written notice,
may terminate this contract, in whole or in part, when it is in the best
interest of the Government. If this contract is for supplies and is so
terminated, the Contractor shall be compensated in accordance with Part 1-3
of the Federal Procurement Regulations (41 CFR 1-8), in effect on this
contract's date. To the extent that this contract is for services and is
so terminated, the Government shall be liable only for payment in accordance
with the payment provisions of this contract for services rendered prior
to the effective date of termination.
(b) Applicable to supply contracts in excess of $100,000. The clause
set forth in 41 CFR 1-8.701 is applicable if this contract is in excess
of $100,000.
L-18 PRICING OF ADJUSTMENTS (1-7.102-20)
When costs are a factor in any determination of a contract price adjustment
pursuant to the "Changes" clause or any other provisions of this contract,
such costs shall be in accordance with the contract cost principles and
procedures in Part 1-15 of the Federal Procurement Regulations (41 CFR 1-15)
or Section XV of the Armed Services Procurement Regulations in effect on
the date of this contract.
L-19 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (1-7.103-3)
(a) This clause is applicable if the amount of this contract exceeds
$10,000 and was entered into by means of negotiation, including 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 contract or such
lesser time specified in either Appendix M of the Armed Services Pro-
curement 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 the Contractor
involving transactions related' to this contract.
•(c) The Contractor further agrees to include in all his subcontracts
hereunder a provision of the effect that the subcontractor agrees
that the Comptroller General of the United States of 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 subcontractor, involving trans-
actions 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 "Disputes"
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 representatives, shall
continue until such appeals, litigation, claims, or exceptions have
been disposed of.
L-20 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT
(1-7.103-4)
(a) The contractor shall report to the Contracting Officer, promptly
and'in reasonable written detail, each notice or claim of patent or
copyright infringement based on the performance of this contract of
which the Contractor has knowledge.
(b) In the event of any claim or suit against the Government, on account
of any alleged patent or copyright infringement arising out the
performance of this contract or out of the use of any supplies furnished _
or work or services performed hereunder, the Contractor shall furnish
to the Government, when requested by the Contracting Officer, all
evidence and information in possession of the Contractor pertaining
to such suit or claim. Such evidence and information shall be furnished
at the expense of the Government except where the Contractor has agreed
to indemnify the Government.
11-12
L-21 CONVICT LABOR (1-12.204)
In connection with the performance of work under this contract, 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.
L-22 PAYMENT OF INTEREST ON CONTRACTORS, CLAIMS (1-1.318-6)
The Government shall pay interest on contractors claims as prescribed
in paragraph (d) of the Disputes Clause (See 1-7.102-12).
11-13
L-23 Utilization of Small Business Concerns and Small Business Concerns
Owned and Controlled by Socially and Economically Disadvantaged In-
dividuals.
(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 of 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 contract-
ing 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 Gma11 Business Act and in
relevant regulations promulgated pursuant thereto•1
(2) The term "small business concern owned and controlled by soci-
ally 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 disadvan-
taged 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 disad-
vantaged individuals include Black Americans, Hispanic Americans,
Native Americans, and other minorities, or any other individual
found to be disadvantaged by the Smn11 Business Administration
pursuant to section 8(a) of the Sm./1 Business Act.
(d) Subcontractors shall provide a notarized statement to the contrac-
tor certifying their status as either a small business concern or
a small business concern owned and controlled by socially and econ-
omically disadvantaged individuals.
L-24 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA (1-3.814-1(a))
If any price, including profit or fee, negotiated in connection with this
contract or any cost reimbursable under this contract was increased by
a significant sum because:
(a) The Contractor furnished cost or pricing data which was not accurate, -
complete and current as certified in the Contractor's Certificate of
Current Cost of Pricing Data,
(b) A subcontractor, pursuant to the clause of this contract entitled
"Subcontract Cost or Pricing Data" or "Subcontractor Cost of Pricing
Data Price Admustment" or any subcontract clause therein required, furn-
ished cost or pricing data which was not accurate, complete and current
11-14
as certified in the subcontractor's Certificate of Current Cost of Pricing
Data;
(c) A subcontractor or prospective subcontractor furnished cost or pricing
data which was required to be accurate complete and current and to be
submitted to support a subcontract cost estimated furnished by the Contractor
but which was not accurate, complete and current as of the date certified
in the Contractor's Certificate of Current Cost or Pricing Data; or,
(d) The Contractor or a subcontractor or prospective subcontractor furnished
any data, not within (a), (b), or (c) above, which was not accurate as sub-
mitted the price or cost shall be reduced accordingly and the contract shall
be modified in writing as may be necessary to reflect such reduction. However,
any reduction in the contract price due to defective subcontract data of a
prospective subcontractor when the subcontract was not subsequently awarded
to such subcontractor, will be limited to the amount (plus applicable overhead
and profit markup) by which the actual subcontract, or actual cost to the
contractor if there was no subcontract, was less than the prospective sub- -
contractor cost estimate submitted by the Contractor: Provided, the actual
subcontract price was not affected by defective cost or pricing data.
(NOTE: Since the contract is subject to reduction under this clause by reason
of defective cost or pricing data submitted in connection with certain sub-
contracts, it is expected that the Contractor may wish to include•a clause
in each such subcontract requiring the subcontractor to appropriately indemnify
the Contractor. It is also expected that any subcontract subject to such
indemnification will generally require substantially similar indemnification
for defective cost or pricing data required to be submitted by his lower tier
subcontractors.)
L-25 AUDIT AND RECORDS (1-3.814-2)
(a) General. The Contracting Officer or his representatives shall have the
audit and inspection rights described in the applicable pargraphs (b), (c),
and (d) below.
(b) Examination of costs. If this is a cost -reimbursement type, incentive,
time and materials, labor hour, or price predetermined contract, or any
combination thereof, the Contractor shall maintain, and the Contracting
Officer or his representatives shall have the right to examine books, records,
documents and other evidence and accounting procedures and practices, sufficient
to reflect properly all direct and indirect costs of whatever nature claimed to
have been incurred and anticipated to be incurred for the performance of this
contract. Such right to examination shall include inspection at all reasonable
times of the Contractor's plants, or such parts thereof, as may be engaged
in the performance of this contract.
(c) Cost or pricing data. If the Contractor submitted cost or pricing data
in connection with the pricing of this contract or any change or modification
thereto, unless such pricing was based on adequate price competition, establish- -
ed catalog or market prices of commercial items sold in substantial quantities
to the general public, or prices set by law or regulation, the Contracting
Officer or his representatives who are employees of the United States
Government shall have the right co examine all books, records, documents and
other data of the Contractor related to the negotiation, pricing or performance
of such contract, change or modification, for the purpose of evaluating the
accuracy, completeness, and currency of the cost or pricing data submitted.
11-15
Additionally, in the case of pricing any change or modification exceeding
$100,000 to formally advertised contracts, the Comptroller General of the
United States or his representatives who are employees of the United States
Government shall have such rights. The rights of examination shall extend
to all documents necessary to permit adequate evaluation of the cost or
pricing data submitted, along with the computations and projections used
therein.
(d) Availability. The materials described in (b) and (c) above, shall be
made available at the Office of the Contractor, at all reasonable times, for
inspection, audit or reproduction, until the expiration of 3 years from the
date of final payment under this contract or such lesser time specified in
Part 1-20 of the Federal Procurement Regulations (41 CFR Part 1-20) and for
such longer period, if any, as is required by applicable statute, or by other
clauses of this contract, or by (1) and (2) below:
(1) If this contract is completely or partially terminated, the records
relating to the work shall be made available for a period of 3 years from
the date of any resulting final settlement.
(2) Records which relate to appeals under the "Disputes" clause of this
contract, or litigation or the settlement of claims arising out of the
performance of this contract, shall be made available until such appeals,
litigation, or claims have been disposed of.
(e) The Contractor shall insert a clause containing all the provisions of
this clause, including this paragraph (e), in all subcontracts hereunder except
altered as necessary for proper identification of the contracting parties
and contracting officer under the Government prime contract.
L-26 SUBCONTRACTOR COST OR PRICING DATA (1-3.814-3)
(a) The Contractor shall require subcontractors hereunder to submit, actually
or by specific identification in writing, cost or pricing data under the
following circumstances:
(1) Prior to the award of any subcontract the amount of which is expected to
exceed $100,000 when entered into;
(2) Prior to the pricing of any subcontract modification which involves
aggregate increases and/or decreases in costs plus applicable profits expected
to exceed $100,000; except where the price is based on adequate price competi-
tion, established catalog or market prices of commerical items sold in sub-
stantial quantities to the general public, or prices set by law or regulation.
(b) The contractor shall require subcontracts to certify in substantially
the same form as that used in the certificate by the Prime Contractor to the
Government, that to the best of their knowledge and belief, the cost and
pricing data submitted under (a) above is accurate, complete, and current as
of the date of agreement on the negotiated price of the subcontract or sub-
contract change or modification.
(c) The Contractor shall insert the substance of this clause including this
paragraph (c) in each subcontract hereunder which exceeds $100,000 when en-
tered into except where the price thereof is based on adequate price competi-
tion, established catalog or market prices of commerical items sold insub-
stantial quantities to the general public, or prices set by law or regulation.
In each such excepted subcontract hereunder in excess of $100,000, the Contract-
or
ontractor shall insert the substance of the following clause:
11-16
Subcontractor Cost or Pricing Data -Price Adjustment.
(a) Paragraphs (b) and (c) of this clause shall become operative only with
respect to any modification made pursuant to one or more provisions of this
contract which involves aggregate increases and/or decreases in costs plus
applicable profits expected to exceed $100,000. The requirements of this
clause shall be limited to such contract modifications. '
(b) The,Contractor shall require subcontractors hereunder to submit actually
or by specific identification in writing cost or pricing data under the following
circumstances:
(1) Prior to award of any subcontract, the amount which is expected to exceed
$100,000 when entered into;
(2) Prior to the pricing of any subcontract modification which involves
agregate increases and/or decreases in costs plus applicable profits expected
to exceed $100,000; except where the price is based on adequate price competi-
tion, established catalog or market prices of commerical items sold in sub-
stantial quantities to the general public, or prices set by law or regulation,
(c) The contractor shall require subcontractors to certify, in substantially
the same form as that used in the certificate by the Prime Contractor to the
Government, that to the best of their knowledge and belief the cost and pricing
data submitted under (b) above is accurate, complete, and current as of the
date of agreement on the negotiated price of the subcontract or subcontract
change or modification.
(d) The contractor shall insert the substance of this clause including this
paragraph (d) in each subcontract hereunder which exceeds $100,000 when
entered into.
L-27 EMPLOYMENT OF TEE HANDICAPPED
(This clause is applicable to contracts and subcontracts for $2500 or More)
(a) The contractor will not discriminate against any employee or applicant
for employment because of physical or mental hanicap in regard to any position
for which the employee or applicant for employment is qualified. The contractor
agrees to take affirmative action to employ, advance in employment and otherwise
treat qualified handicapped individuals without -discrimination based upon their
physical or mental handicap in all employment practices such as the following:
employment, ungrading, 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 Rehabilitation Act of
1973, as amended.
(c) In the event of the contractor's noncompliance with the requirements of this
clause, actions for non-compliance may be taken in accordance with the rules,
regulations and relevant 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, notice in a form to be prescibed by the
Director, Office of Federal Contract Compliance Programs, Department of Labor,
provided by or through the Contracting Officer. Such notices shall state the
contractor's obligation under the law to take affirmative action to employ and
11-17
advance in employment qualified handicapped employees and applicants for
employment, 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 bargining agreement or other contract under-
standing that the contractor is bound by the terms of section 503 of the Act
and is committed to take affirmative action to employ and advance in employ-
ment physically and mentally handicapped individuals.
(f) The Contractor will include the provisions of this clause in every sub-
contract or purchase order of $2,500 or more unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section
503 of the Act, so that such provisions will be binding upon each subcontractor
or vendor. The contractor will take such action with respect to any sub-
contract or purchase order as the Director, Office of Federal Contract Com-
pliance Programs, may direct to enforce such provisions, including action for
noncompliance.
L-28 DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA "
(THIS CLAUSE IS APPLICABLE TO CONTRACTS OR PURCEASE ORDER OF $10,000 or MORE)
(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 contractor agrees to take affirmative action
to employ, advance in employment, and otherwise treat qualified disabled
veterans of the Vietnam era without discrimination based upon their disability
or veteran, status in all employment practices such as the following; employ-
ment, upgrading, demotion or transfer, recruitments, 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 contract, including those not generated by this
contract and including those occuring 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 provide such reports to such local office
regarding employment openings 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 services, but are not required to provide those reports set _
forth in paragraphs (d) and (e).
(c) Listing of employment openings with the employment service system pursuant
to this clause shall be made at least concurrently 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 veterans and nonveterans. The listing of employment openings does
not require the hiring of any particular job applicant or from any particular 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.
11-18
(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 ar, 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 Vietanm era hired, (3) the number
of disabled veterans of the Vietran era hired, and (4) the total number
of disabled veterans hired. The reports should include covered veterans hired
for on-the-job 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.loca-
tion. 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.
Documentation would include personnel records respecting job openings,
recruitment, and placement.
(e) Whenever the contractor becomes contractually bound to the listing
provisions of chis clause, it shall advise the employment service system
in each State where'it have 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 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 customary and traditional employer -
union hiring arrangement. This exclusion does not apply to a particular
opening once an employer decides to consider applicants outside of his own
organization or employer -union arrangement for the opening..
(h) As used in this clause: (1) "All suitable employment openings" includes,
but is not limited to, opening which occur in the following job categories:
production and non -production; plant and office; laborers and mechanics,
supervisory and nonsupervisory, technical; and executive, administrative, and
professional openings that are compensated on a salary basis of less than
$25,000 per year. This term includes full-time employment, temporary employ-
ment of more than 3 days' duration, and part-time employment. It does
not include openings which the contractor proposes to fill dram within his own
organization or to fill pursuant to a customary and traditional employer -
union hiring arrangement nor openings in an education institution which are
restricted to students of that institution. Under the most compelling cir-
cumstances an employment opening may not be suitable for listing, including
such situations where the needs of the Government cannot reasonably be other-
wise 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.
11-19
(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 organ-
ization" means employment openings for which no consideration will given to
persons outside the contractor's organization (including any affiliates, sub-
sidiaries, and the parent companies) and includes any openings which the con-
tractor proposes to fill from regularly established "recall" lists.
(4) "openings which the contractor proposes to fill pursuant to a customary and
tranditional 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 relationship which exists between the contractor and
representatives 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.
(j) In the event of the contractor's noncompliance with the requirements 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.
(k) 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 contracting officer. Such notice shall
state the contractor's obligation under the law to take affirmative action to.
employ and advance in employment 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 it has a collective bargaining agreement or other contract under-
standing that the contractor is bound by terms of the Vietnam Era Veteran's
Readjustment Assistance Act and is committed to take affirmative action to
employ and advance in employment qualified disabled veterans and veterans of
the Vietnam era.
(m) The contractor will include the provisions of this clause in every sub-
contract 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 Federal Contract Compliance Programs may direct to enforce such
provisions, including action for non-compliance.
L-29 SERVICE CONTRACT ACT OF 1965 (AS AME7DED)
This contract, to the extent that it is of the character to which the Service
Contract Act of 1965, as amended (41 U.S.C. 351) applies, is subject to the
following provisions and to all other applicable provisions of the Act and
regulations of the Secretary of Labor thereunder.
(a) Compensation. Each service employee employed in the performance of this
contract by the Contractor or any subcontractor shall be paid not less than
11-20
the minimum monetary wage and shall be furnished fringe benefits in
accordance with the wages and fringe benefits determined by the Secretary
of Labor or his authorized representative, as specified in any attachment
to this contract. If there is such an attachment, any class of service
employees which is not listed therein, but which is to be employed under
this contract, shall be classified by the contractor so as to provide
a reasonable relationship between such classifications and those listed
in the attachment and shall be paid such monetary wages and furnished
such fringe benefits as are determined by agreement of the interest
parties, who shall be deemed to be the contracting agency, the contractor,
and the employees who will perform on the contract or their representatives.
If the interested parties do not agree on a classification or reclass-
ification which is, in fact, conformable, the contracting officer shall
submit the question, together with his recommendation, to the Office of
Special Wage Standards, Employment Standards Administration (ESA), of the
Department of Labor for final determination. Failure to pay such employees
the compensation agreed upon by the interest parties or finally determined
by the Administrator or his authorized representative shall be a violation
of this contract. No employee engaged in performing work on this contract
shall in any event be paid less than the minimum, wage specified under
section 6(a)(1) of the Fair Labor Standards Act of 1938 , as amended.
(b) Adjustment. If, as authorized pursuant to section 4(d) of the Service
Contract Act of 1965, as amended, the term of this contract is more than
1 year, the minimum' monetary wages and fringe benefits required to be paid
or furnished thereunder to service employees shall be subject to adjustment
after 1 year and no less often than once every 2 years, pursuant to wage
'determinations to be issued by the Employment Standards Adminstration of
the Department of Labor as provided in such Act.
(c) Obligation to furnish fringe benfits. The Contractor or subcontractor
may discharge the obligation to furnish fringe benefits specified in the
attachment or determined conformably thereto by furnishing any equivalent
combinations of fringe benefits, or by marking equivalent or differential
'payments in cash in accordance with the applicable rules set forth in 29
CFR Part 4, Subparts B and C, and not otherwise.
(d) Minimum Wage. In the absence of a minimum wage attachment for this
contract, neither the Contractor not any subcontractor under this contract
shall pay any of his employees performing work under the contract (regardless
of whether they are service employees) less than the minimum wage specified
by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in
this provision shall relieve the Contractor or any subcontractor of any
other obligation under law or contract for the payment of a higher wage to
any employee.
(e) Obligations attributable to predecessor contracts. If this contract
succeeds a contract, subject to the Service Contract Act of 1965, as amended,
under which substantially the same services were furnished and service
employees were paid wages and fringe benefits provided for in a collective
bargaining agreement, then in the absence of a minimum wage attachment for
this contract neither the Contractor nor any subcontractor under this
contract shall pay any service employee performing any of the contract work
less than the wages and fringe benefits, provided for in such collective
bargining agreements, to which such employee would be entitled if -employed
under the predecessor contract, including accrued wages and fringe benefits
and any prospective increase in wages and fringe benefits provided for
11-21
under such agreement. No Contractor or subcontractor under this contract
may be relieved of the foregoing obligation unless the Secretary of Labor
or his authorized representative determines that the collective bargaining
agreement applicable to service employees employed under the predecessor
contract was not entered into as a result of arms -length negotiations, or
finds, after a hearing as provided in Department of Labor regulations, 29
CFR 4.10, that the wages and fringe benefits provided for in such agreement
are substantially at variance with those which prevail for services of a
character similar in the locality.
(f) Notification to employees. The Contractor and any subcontractor under
this contract shall notify each service employee commencing work on this
contract of the minimum monetary wage and any fringe benefits required to
be paid pursuant to this contract, or'shall post a notice of such wages and
benefits in a prominent asnd accessible place at the worksite, using such
poster as may be provided by the Department of Labor.
(g) Safe and sanitary working conditions. The Contractor or subcontractor
shall not permit any part of the service called for by this contract to be
performed in buildings or surroundings or under working conditions provided
by or under the control or supervision of the Contractor or subcontractor
which are unsanitary or hazardous or dangerous to the health or safety of
service employees engaged to furnish these services, and the Contractor or
subcontractor shall comply with the safety and health standards applied under
29 CFR Part 1925.
(h) Records. The Contractor and each subcontractor performing work subject
to the Act shall make and maintain for 3 years from the completion of the
work records containing the information specified in subparagraphs (1) through
(5) of this paragraph for each employee subject to the Act and shall make
them available for inspection and transcription by authorized representatives
of the Employment Standards Administration of the U. S. Department of Labor.
(1) His name and address.
(2) His work classification or classifications, rate or rates of monetary
wages and fringe benefits provided, ate or rates of fringe benefit payments
in lieu thereof, and total daily and weekly compensation.
(3) His daily and weekly hours so worked.
(4) Any deductions, rebates, or refunds from his total daily or weekly
compensation.
(5) A list of monetary wages and fringe benefits for those classes of service
employees not included in the minimum wage attachment to this contract, but
for which such wage rates or fringe benefits have been determined by the
interested parties or by the "Administrator" means the Deputy Assistant
Secretary for Employment Standards in the Employment Standards Administration
of the Department of Labor who is also Administrator of the Wage and Hour
Division, or his authorized representative pursuant to the Labor Standards
clause in paragraph (a) of this clause. A copy of the report required in
paragraph (m)(1) of this clause shall be deemed to be such a list.
(i) Withholding of payment and termination of contract. The Contracting
Officer shall withhold or cause to be withheld from the Government Prime
Contractor under this or any other Government contract with the Prime
Contractor such sums as he, or an appropriate officer of the Department of
11-22
Labor, decides may be necessary to pay underpaid employees. Additionally,
any failure to comply with the requirements of this clause relating to the
Service Contract Act of 1965 may be grounds for termination of the right to
proceed with the contract work. In such event, the Government may enter into
other contracts or arrangements for completion of the work, charging the con-
tractor in default with any additional cost.
(j) Subcontractor. The Contractor agrees to insert this clause relating to
the Service Contract Act of 1965 in all subcontracts. The term "Contractor"
as used in this clause in any subcontract, shall be deemed to refer to the
subcontractor except in the term "Government Prime Contractor".
(k) Service employee. As used in this clause relating to the Service Con-
tract Act of 1965, as amended, the term "service employee" means any person
engaged in the performance of a contract entered into by the United States
and not exempted under section 7, whether negotiated or advertised, the prin-
cipal purpose of which is to furnish services in the United States (other than
any person employed in a bona fide executive, administrative, or professional
capacity, as those terms are defined in Part 541 of Title 29, Code of Federal
Regulations, as of July 30, 1976, and any subsequent revision of those regula-
tions); and shall include all such persons regardless of any contractral
relationship that may be alleged to exist between a contractor or subcontractor
and such persons. In a recognized trade or craft, or other skilled mechanical
craft, or in unskilled, semiskilled, or skilled manual labor occupations;
and any other employee including a foreman or supervisor in a position having
trade, craft, or laboring experience as the paramount requirements; and shall
include all such persons regardless of any contractual relationship that may
be alleged to exist between a Contractor or subcontractor and such persons.
(1) Comparable rates. The following classes of service employees expected to
be employed under the contract with the Government would be subject, if employed
by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5332 and would,
if so employed, be paid not less than the following rates of wages and fringe
benefits:
Employee class. Clerical
Monetary Wage - Fringe Benefits. $878 per month
Insurance, Tution Reimbursement, Retirement and Paid Holidays
(m) Contractor's report. (1) If there is a wage determination attachment
to this contract and one or more classes of service employees which are not
listed thereon are to be employed under the contract, the Contractor shall
report to the Contracting Officer the monetary wages to be paid and the
fringe benefits to be provided each such class of service employee. Such
report shall be made promptly as soon as such compensation has been deter-
mined, as provided in paragraph (a) of this clause.
11-23
(2) If wages to be paid or fringe benefits to be furnished any service
employees employed by the Government Prime Contractor or any subcontractor
under the contract are provided for in a collective bargaining agreement
which is or will be effective during any period in which the contract is
being performed, the Government Prime Contractor shall report such fact to
the Contracting Officer, together with full information as to the application
and accrual of such wages and fringe benefits, including any prospective
increases, to service employee engaged in work on the contract, and a copy
of the collective bargaining agreement. Such report shall be made upon
commencing performance of the contract, in the case of collective targaining
agreement effective at such time, and in the case of such agreements or
provisions or amendments thereof effective at a later time during the period
of contract performance, such agreements shall be reported promptly after
negotiation thereof.
(n) Regulations incorporated by reference. All interpretations of the
Service Contract Act of 1965 expressed in 29 CFR Part 4, Subpart C, are
hereby incorporated by reference in this contract.
(o) Exemptions. This clause relating to the Service Contract Act of 1965
shall not apply to the following:
(1) Any contract of the United States or District of Columbia for -
construction, alteration, and/or repair, including painting and
decorating of public building or public works.
(2) Any worked required to be done in accordance with the provisions
of the Walsh Healey Public Contracts Act (49 Stat. 2036);
Any contract for the carriage of freight or personnel by vessel, air-
plane, bus, truck, express, railway line, or oil or gas pipeline
where published tariff rates are in effect, or where such carriage is
subject to rates covered by section 22 of the Interstate Commerce Act;
(4) Any contract for the furnishing of Service by radio, telephone, telegraph,
or cable companies, subject to the Communications Act of 1934;
(5) Any contract for public utility services, including electric lights and
power, water, stream, and gas;
•(6) Any employment contract providing for direct services to a Federal
agency by an individual or individuals;
Any contract with the Post Office Department (U.S. Postage Service)
the principal purpose of which is the operation of postal contract
stations;
(3)
(7)
(8)
Any services to be furnished outside the United States. For geographic
purposes, the "United States" is defined in Section 8(d) of the
Service Contract Act to include any state of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands. Outer Continental
Shelf Lands, as defined in the Outer Continental Shelf Lands Act,
American Samoa, Guam, Wake Island, Eniwetok Atoll, Kwajalein Atoll,
'and Johnston Island. It does not include any other territory under the
jurisdiction of the United States or any United States base or
possession within a foregin country;
11-24
(9)
Any of the following contracts exempted from all provisions of
the Service Contract Act of 1965, pursuant to section 4(b) of
the Act, which exemptions the Secretary of Labor, prior to
amendment of such section by Public Law 92-473, found to be
necessary and proper in the public interest or to avoid serious
impairment of the conduct of Government business:
(i) Contracts entered into by the United States with common
carriers for the carriage of mail by rail, air (except air star
routes), bus, and ocean vessel, where such carriage if performed
on regularly scheduled runs of the trains, airplanes, buses, and
vessels over regularly established routes and accounts for an
insubstantial portion of the revenue therefrom; ' •
(ii) Any contract entered into by the U.S. Postal Service with an
individual owner -operator for mail'service where it is not
contemplated at the time the contract is made that such owner -
operator will hire any service employee to perform the services
under the contract except for short periods of vacation time or
for unexpected contingencies or emergency situations such as
illness or accident.
(p) Special employees. Notwithstanding any of the provisions in
paragraphs (a) through (n) of this clause, relating to the Service
Contract Act of 1965, the following employees may be employed in
accordance with the following variations tolerances and exemptions,
which the Secretary of Labor, pursuant to section 4(b) of the Act
prior to its amendement by Public Lav 92-473, found to be necessary
and proper in the public interest or to avoid serious impairment of
the conduct of Government business:
(1)(i) Apprentices, student -learners, and worker whose earning capacity
is impaired by age, physical, or mental deficiency or injury may be
employed at wages lower than the minimum wages otherwise required by
section 2(a)(1) or 2(b)(1) of the Service Contract Act of 1965, without
diminishing any fringe benefits or cash payments in lieu thereof
required under section 2(a)(2) of that Act, in accordance with the
procedures prescribed for the employment of apprentices, student -
learners, handicapped persons, and handicapped clients of sheltered
workshops under section 14 of the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et. seq.) in the regulations issued by the Administrator
(29 CFR Parts 520, 521, 524, and 525).
(ii) The Administrator will issue certificates under the Service
Contract Act of 1965 for the employment of apprentices, student -
learners, handicapped persons, or handicapped clients of sheltered
workshops not subject to the Fair Labor Standards Act of 1938, or
subject to different minimum rates of pay under the two acts,
authorizing appropriate rates of minimum wages (but without changing
requirements concerning fringe benefits or supplementary cash payments
in lieu thereof), applying procedures prescribed by the applicable
regulations issued under the Fair Labor Standards Act of 1938 (29 CFR
Parts 520, 521, 524, and 525):
11-25
(iii) The Administrator will also widthdraw, annual, or cancel such
certificates in accordance with the regulations, in Part 525 and
523 of Title 29 of the Code of Federal Regulations.
(2) An employee engaged in an occupation in which he customarily
and regularly receives more than $20 a month in tips may have the
amount of his tips credited by his employer against the minimum wage
required by section 2(a)(1) or section 2(b)(1) of the Act in accord-
ance with the regulations in 29 CFR Part 531: Provided, however,
That the amount of such credit may not exceed 80 cents per hour.
L-30 RESPONSIBILITIES OF CONTRACTOR
•
(a) Responsibility for Government property. The contractor assumes full
responsibility for and shall indemnify the Government for any and all loss
of or damage of whatsoever kind and nature to any and all Government
property, including any equipment, supplies, accessories, or parts furnished
while in his custody and care for storage, repairs, or services to be per-
formed under the terms of this contract, resulting in whole or in part from
the negligent acts or omissions of contractor, and subcontractor, or any
employee, agent or representative of contractor or subcontractor.
(b) Hold harmless and indemnification agreement. The contractor shall save
and hold harmless and indemnify the Government against any and all liability
claims. and costs of whatsoever kind and nature for injury to or death of
any person or persons and for loss and damage to any property occurring in
connection with or in any way incident to or,arising out of the occupancy,
use, service, operations, or performance of work under the terms of this
contract, resulting in whole or in part from the negligent acts or ommissions
of contractor, and subcontractor, or any employee, agent or representative
of contractor or'subconcractor.
L-31 UTILIZATION OF LABOR SURPLUS AREA CONCERNS (1-1.805-3(a))
(The following clause is applicable if this contract exceeds $10,000.)
(a) It is the policy of the Government to award contracts to labor surplus
area concerns that agree to perform substantially in labor surplus areas,
where this can be done consistent with the efficient performance of the
contract and at prices no higher than are obtainable elsewhere. The con -
contractor agrees to use his best efforts to place his subcontract in accord-
ance with this policy.
11-26
(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".
the Contractor in placing his subcontracts shall observe the following 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 concentrated unemployment or under-
employment 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
costs incurred on account of manufacturing, production, or appropriate services
in labor surplus areas exceed 50 percent of the contract price.
L-32 CLEAN AIR AND WATER (1-1.2302-2)
(Applicable only if the contract exceeds $100,000 or the contracting officer
has determined that orders under an indefinited quantity contract in any one
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.C. 1957c -8(c)(1)) or the Federal
Water Pollution Control Act (33 U.S.C. 1319(c) and is listed by EPA, or the
contract 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 Pub. L.
91-604) and section 308 of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq., as amended by Pub. L.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, respectively, and all regulations
and guidelines issued thereunder before the award of this contract.
(2) That no portion of the work required by this prime contract will be
performed in a facility listed on the Environmental Protection Agency
List of Violating Facilities on the date when this contract 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 Publ L. 91-604),
• (2) The term "Water Act" means Federal Water Pollution Control Act,
as amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92-500).
11-27
•
(3) The term "clean air standards" means any enforceable rules,
regulations, guidelines, standards, limitations, orders, control,
prohibitions, or other requirements which are contained in, issued
under, or otherwise adopted pursuant to the Air Act or executive
Order 11738, and applicable implementation plan as described in
section 110(d) of the Clean Air Act (42 U.S.C. 1857c -5(d)), an
approved implementation procedure or plan under section 111(c)
or section 111(d), respectively, 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. 1857c -7(d)).
(4) The term "clean water standards" means any enforceable limitation,
control, condition, prohibition, standard, or other requirement which is
promulgated pursuant to the Water Act or contained 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 regulations 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 or Water Act
and regulations issued pursuant thereto.
(6) The term "facility" means any building, plan, installation, structure,
mine, vessel or other floating craft, location, or site of operations,
awned, leased, or supervised by a contractor or subcontractor, to be
utilized in the performance of a contract or subcontract. Where a
location or site of operations contains or includes 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, Environment Protection Agency, determines that
independent facilities are collocated in one geographical area.
•
11-28
('t
L-33 ADVANCE PAYMENTS (1-30.414-2)
"The following clause shall govern advance payments to the Contractor".
(a) Amount of Advance. At the request of the contractor, and subject to
the conditions hereinafter set forth, the Government shall make an advance
payment, or advance payments from time to time, in accordance with the
Payment Schedule to the Contractor. No advance payment shall be made (1)
without the approval of the office administering advance payments (here-
inafter called the "Administering Office" and designated in paragraph (d)
hereof as to the financial necessity therefore; (2) in any amount which is
inconsistent with the payment schedule; and (3) without a properly approved
invoice or invoices.
(b) Return of funds. The contractor may at any time repay all or any part
of the funds advanced hereunder. Whenever so requested in writing by the
Administering Office, the Contractor shall, within 60 days, repay the
Government such part of the unliquidated balance of advance payment as
shall, in the opinion of the Administering Office, be in excess of current
needs. The Contractor shall be deemed in compliance with the time require-
ment of the preceeding sentence if the chief administering officer of the
contractor shall have initiated in writing, within said time period, a
request for repayment of such funds to the Government, shall have deposited
such request in the hands of the state or political subdivision comptroller,
Treasurer, or other state or political subdivision official responsible for
disbursing state or political subdivision funds, and shall have presented a
copy of such request to the Administering Officer. At any time during the
first forty-five (45) days following the request of the Administering Office
to return funds advanced, the'Contractor, if it determines that the request
is unreasonable, may appeal the matter of the Executive Director of the
Commission, whose decision shall be final.
(c) Information -Access to Records. The Contractor shall furnish to the
administering Office signed statements of expenditures. The contractor
shall also provide financial reports at such other intervals as may be
required upon reasonable notice given. The contractor shall, at all reason-
able times, afford to authorize representatives of the Government proper
facilities for inspection of the Contractor's books, records, and accounts.
(d) Designations and Determinations
(1) Amount. The unliquidated balance of advanced payments at any time
outstanding hereunder shall not exceed: See Payment Instructions
in Section J-13, and the attached payment schedule.
(2) Administering Office. The Office administering advance payments is
designated as District Director, District Office, the address which
is stated in Block No. 6 of Standard Form 26.
(e) Other Security. The terms of this contract shall be considered adequate
security for advance payments hereunder.
11-29
(f) Representation and Warranties. To induce the making of advance payments,
the Contractor represents and warrants that:
The contractor has the power to enter into this contract and accept
advance payments hereunder, and has taken all necessary action to
authorize such acceptance under the terms and conditions of this
rnnrrarr
None of the assets of the contractor is subject to any lien or encumber••
ance of any character except as shown in the financial statements
furnished by the contractor to.the Administering Officer, There has
been no assignment of claims under this contract affected by these
advance payment provisions, or if there has been any assignment, such
assignment have been terminated.
All information furnished by the Contractor to the Administering Officer
in connection with such request for advance payment is true and correct
to the best knowledge of the Chief Administeriig Officer to the
Contractor.
There representations and warranties shall be continuing and shall be
deemed to have been repeated by the submission of each invoice for
advance payments.
Coavenants. During the period of time that advance payments may be
made hereunder and so long as such advance payments remain unliquidated;
the Contractor shall not without the prior written consent of the
Administering Office:
(1) Sell, convey, lease, mortgage, pledge, or otherwise encumber,
or suffer to be encumbered, any of the physical property
of the Contractor which has been procured with advance payments
under this contract and which are allocated to the performance
of this contract.
(2) Make any advance or loan to or incur any liability as guarantor,
surety, or actomondation endorser for any firm, person, or
corporation.
(3) Permit a writ of attachment or any similar process to be issued
against its property without procuring release thereof or
bonding the same within thirty (30) days after the entry of the
writ of attachment or any similar process.
11-30
i.
L-3,4 PRIVACY ACT
(a) The contractor agrees:
(1) To comply with the Privacy Act of 1974 and the rules and regulations
issued pursuant to the Act in the design, development, or operation
of any system of records on individuals in order to accomplish an
agency function when the contract specifically identifies (i) the
system of systems of records and (ii) the work to be performed by
the contractor in terms of any one or combination of the following:
(A) Design, (3) development, or (C) operation;
(2) to include the solicitation notification contained in this contract
in every solicitation and resulting subcontract and in every subcon-
tract awarded without a solicitation when the statement of work in
the proposed subcontract requires the design, development, or opera-
tion of system of records on individuals to accomplish an agency
function; and
(3) to include this clause, including this paragraph (3), in all subcon-
tracts awarded pursuant to this contract which require the design,
development, or operation of such a system of records.
(b) In the event of violations of the Act, a civil action may be brought
against the agency involved where the violation concerns the design,
development, or operation of a system of records on individuals to accom-
plish an agency function, and criminal penalties may be imposed upon the
officers or employees of the agency where the violation concerns the
operation of a system of records on individuals to accomplish an agency
function. For purposes of the Act when the contract is for the operation
of a system of records on individuals to accomplish an agency function,
the contractor and any employee of the contractor is considered to be an
employee of the agency.
(c) The terms used in this clause have the following meanings:
(1) "Operation of a system of records" means performance of any of the
activities associated with maintaining the system of records including
the collection, use, and dissemination of records.
(2) "Record" means any item, collection, or grouping of information about
an individual that is maintained by an agency, including, but not
limited to, his education, financial transactions, medical history,
and criminal or employment history and that contains his name, or
the identifying number, symbol, or other identifying particular
assigned to the individual, such as a finger or voice print or a
photograph.
(3) "System of records" on individuals Weans a group of any records under
the control of any agency from *which __formation is retrieved by the
name of the individual or by some identifying number, symbol, or other
identifying particular assigned to the individual.
11-31
Corp Christi, Texas
C day of�/, 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
The above ordinance
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
MAYO
THE CITY OF CORPUS CHRISTI, TEXAS
was passed by the following vote:
16743