النص مستخرج آلياً من صورة الوثيقة أو من ملف قديم، وقد يحتوي أخطاء في بعض الكلمات أو ترتيب الأسطر. الملف الأصلي هو المرجع.
Contract No. DFD-C-09-03-00026-00 Page 33 PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE
The following contract clauses pertinent to this section are hereby REFERENCE" in Section I of this contract. See FAR 52.252-2 for. an internet address (if specified) for electronic access to the full text of a clause.
NUMBER
DATE
TITLE
FEDERAL ACQUISITION REGULATION (48 CFR Chapter 1)
52.202-1
DEFINITIONS
DEC 2001
52.203-3
GRATUITIES
APR 1984
COVENANT AGAINST CONTINGENT FEES
52.203-5
APR 1984
52.203-6
RESTRICTIONS ON SUBCONTRACTOR SALES
JUL 1995
TO THE GOVERNMENT
52.203-7
ANTI-KICKBACK PROCEDURES
JUL 1995
52.203-8
JAN 1997
CANCELLATION, RESCISSION, AND
RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY
PRICE OR FEE ADJUSTMENT FOR ILLEGAL
52.203-10
JAN 1997
OR IMPROPER ACTIVITY
LIMITATION ON PAYMENTS TO INFLUENCE
52.203-12
JUN 1997
CERTAIN FEDERAL TRANSACTIONS
PRINTED OR COPIED DOUBLE-SIDED
52.204-4
AUG 2000
ON RECYCLED PAPER
PROTECTING THE GOVERNMENT'S INTEREST
JUL, 1995
52.209-6
WHEN SUBCONTRACTING WITH CONTRACTORS
DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT
AUDIT AND RECORDS- -NEGOTIATION
52.215-2
JUN 1999
52.215-8
ORDER OF PRECEDENCE--UNIFORM CONTRACT OCT 1997
FORMAT
52.215-14
INTEGRITY OF UNIT PRICES
OCT 1997
ALTERNATE I (OCT 1997)
ALLOWABLE COST AND PAYMENT
DEC 2002
52.216-7
FIXED-FEE
MAR 1997
52.216-8
NOTICE TO THE GOVERNMENT OF LABOR
52.222-1
FEB 1997
DISPUTES
CONVICT LABOR
AUG 1996
52.222-3
CHILD LABOR - COOPERATION WITH
SEP 2002
52.222-19
AUTHORITIES AND REMEDIES
PROHIBITION OF SEGREGATED FACILITIES
FEB 1999
52.222-21
EQUAL OPPORTUNITY
APR 2002
52.222-26
NOTIFICATION OF VISA DENIAL
FEB 1999
52.222-29
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Contract No. DFD-C-00-03-00026-00 Page 34
52.222-38
COMPLIANCE WITH VETERANS' EMPLOYMENT DEC 2001
REPORTING REQUIREMENTS
52.223-5
POLLUTION PREVENTION AND RIGHT-TO-KNOWAPR 1996
DRUG-FREE WORKPLACE
52.223-6
MAY 2001
52.224-1
APR 1984
PRIVACY ACT NOTIFICATION
APR 1984
PRIVACY ACT
52.224-2
52.225-13
RESTRICTIONS ON CERTAIN FOREIGN
JUI, 2000
PURCHASES
52.227-14
RIGHTS IN DATA --GENERAL
JUN 1987
52.228-7
INSURANCE --LIABILITY TO THIRD PERSONS MAR 1996
52.230-2
COST ACCOUNTING STANDARDS
APR 1998
52.230-6
ADMINISTRATION OF COST ACCOUNTING
. NOV 1999
STANDARDS
INTEREST
52.232-17
JUN 1996
AVAILABILITY OF FUNDS
52.232-18
APR 1984
LIMITATION OF FUNDS
52.232-22
APR 1984
52.232-24
JAN 1986
PROHIBITION OF ASSIGNMENT OF CLAIMS
DISPUTES
52.233-1
JUL 2002
PROTEST AFTER AWARD
52.233-3
AUG 1996
ALTERNATE I (JUN 1985)
52.237-2
APR 1984
PROTECTION OF GOVERNMENT BUILDINGS,
EQUIPMENT, AND VEGETATION
APR 1984
52.242-1
NOTICE OF INTENT TO DISALLOW COSTS
PENALTIES FOR UNALLOWABLE COSTS
52.242-3
MAY 2001
52.242-4
CERTIFICATION, OF FINAL INDIRECT COSTS JAN 1997
BANKRUPTCY
52.242-13
JUL 1995
CHANGES--COST REIMBURSEMENT
52.243-2
AUG 1987
ALTERNATE I (APR 1984)
SUBCONTRACTS
52.244-2
AUG 1998
ALTERNATE II (AUG 1998)
COMPETITION IN SUBCONTRACTING
DEC 1996
52.244-5
52.244-6
SUBCONTRACTS FOR COMMERCIAL ITEMS
MAY 2002
LIMITATION OF LIABILITY
FEB 1997
52.246-23
52.246-25
LIMITATION OF LIABILITY--SERVICES
FEB 1997
FEB 2000
VALUE ENGINEERING
52.248-1
SEP 1996
52.249-6
TERMINATION (COST-REIMBURSEMENT)
EXCUSABLE DELAYS
APR 1984
52.249-14
COMPUTER GENERATED FORMS
JAN 1991
52.253-1
AIDAR 48 CFR Chapter 7
DEFINITIONS
752.202-1
LANGUAGE AND MEASUREMENT
JUN 1992
752.211-70
752.225-71
LOCAL PROCUREMENT
FEB 1997
SUBCONTRACTING WITH DISADVANTAGED
APR 1997
752.226-2
ENTERPRISE
LIMITATIONS ON SUBCONTRACTING
JUN 1993
752.226-3
INSURANCE-LIABILITY TO THIRD PERSONS
752.228-7
MEDICAL EVACUATION (MEDVAC) SERVICES
MAR 1993
752.228-70
PERIODIC PROGRESS REPORTS
752.242-70
JUL 1998
752.7001
BIOGRAPHICAL DATA
JUL 1997
Contract No. DFD-C-06-03-00026-00 Page 35 TRAVEL AND TRANSPORTATION
752.7002
JAN 1990
NOTICES
752.7006
APR 1984
PERSONNEL COMPENSATION
752.7007
JUL 1996
USE OF GOVERNMENT FACILITIES OR
752.7008
APR 1984
PERSONNEL
APR 1984
CONVERSION OF U.S. DOLLARS TO LOCAL
752.7010
CURRENCY
ORIENTATION AND LANGUAGE TRAINING
APR 1984
752.7011
OCT 1989
CONTRACTOR-MISSION RELATIONSHIPS
752.7013
752.7014
NOTICE OF CHANGES IN TRAVEL REGULATIONSJAN 1990.
JUL, 1997;
USE OF POUCH FACILITIES
752.7015
APPROVALS
752.7025
APR 1984
DIFFERENTIALS AND ALLOWANCÈS
JUL, 1996
752.7028
POST PRIVILEGES
752.7029
JUL 1993
LEAVE AND HOLIDAYS
OCT 1989
752.7031
JUL 1997
PHYSICAL FITNESS
752.7033
I.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services These within the limits and at the rates specified in the contract.
rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.
The Contracting
Officer may exercise the option by written notice to the Contractor within 60 days.
I.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years and 6 months..
I.4'
52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed $0 or the overtime premium is paid for work--
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;
--
Contract No. DFD-C-0Q-03-00026-00 Page 36
(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;
(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or
(4) That will result in lower overall costs to the Government. :
(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--
(1) Identify the work unit; e.g, department or section in which the requested overtime will be used, together with present workload, affected unit sufficient to permit the staffing, and other data of the Contracting Officer to evaluate the necessity for the overtime;
(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;
(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and
(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.
I.5 52.232-25 PROMPT PAYMENT (FEB 2002)
Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being.
made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a) (4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)
(a) Invoice payments--
(1) Due date.
Contract No. DFD-C-08-03-00026-00 Page 37
(i) Except as indicated in paragraphs (a) (2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following.two events:
(A) The 30th day after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph
(a) (1) (ii) of this clause) .
(B) The 30th day after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.
(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30th day after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.
(2) Certain food products and other payments.
(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible or oils, and food products prepared from edible fats or oils are-
(A) For meat or meat food products, as defined in section 2(a) (3) of the Packers and Stockyard Act of 1921 (7 U.S.C. 182(3)), and as further defined in Pub. L. 98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7th day after product delivery.
(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4003(3)), as close as possible to, but not later than, the 7th day after product delivery.-
(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of 1930 (7 U.S.C.
499a (4)), as close as possible to, but not later than, the 10th day after product delivery, unless another date is specified in the contract.
(D) For dairy products, as defined in section 1l1(e) of the Dairy
• fats
Production Stabilization Act of 1983 (7 U.S.C. 4502(e)), edible as close or oils, and food products prepared from edible fats or oils, as possible to, but not later than, the 10th day after the date on invoice has been received. Liquid milk, cheese, certain
• which a proper
processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to
--
Contract No. DFD-C-00-03-00026-00 Page 38 refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.
(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.
(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a) (3) (i) through (a) (3) (x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.
(i) Name and address of the Contractor.
(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.) (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).
(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.
(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.
(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).
Name
(vii)
(where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.
(viii) Taxpayer Identification Number (TIN) . The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
Contract No. DFD-C-00-03-00026-00 Page 39 (ix) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232 - 38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e. g., 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(x) Any other information or documentation required by the contract (e.g., evidence of shipment).
(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a) (4) (1) through (a) (4) (iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.
(i) The designated billing office received a proper invoice.
(ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.
(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.
(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract,
Contract No. DFD-C-0Q-03-00026-00 Page 40 unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(ii) The prompt payment regulations at 5 CFR 1315.10 (c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.
(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR part 1315.
(7) Additional interest penalty.
(i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR part 1315 in addition to the interest penalty amount only if--
(A) The Government owes an interest penalty of $1 or more;
(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and
(C) The Contractor makes a written demand to the designated payment - office for additional penalty payment, in accordance with paragraph
(a) (7) (ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.
(ii) (A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall--
(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;
(2) Attach a copy of the invoice on which the unpaid late payment interest is due; and .-
--
Contract No. DFD-C-0Q-03-00026-00 Page 41 State that payment of the principal has been received, including the date of receipt.
(B) If there is no postmark or the postmark is illegible--
(1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or
(2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the Contractor has placed on the demand, provided such date is no later than the 40th day after payment was made.
(iii) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts subject to tariffs and regulation).
(b) Contract financing payment. If this contract provides for contract financing, the Government will make contract financing payments in accordance with the applicable contract financing clause.
(c) Fast payment procedure due dates. If this contract contains the clause at 52.213-1, Fast Payment Procedure, payments will be made within 15 days after the date of receipt of the invoice.
(a) Overpayments. If the Contractor becomes aware of a duplicate payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall immediately notify the Contracting Officer and request instructions for disposition of the overpayment.
I.6 AIDAR 752.7032 INTERNATIONAL TRAVEL APPROVAL AND
NOTIFICATION REQUIREMENTS (JAN 1990)
Prior written approval by the Contracting Officer is reguired for all international travel directly and identifiably funded by USAID under.
this contract.
The Contractor shall therefore present to the Contracting Officer an itinerary for each planned international trip, showing the name of the traveler, purpose of the trip, origin/destination (and intervening stops), and dates of travel, as far in advanced of the proposed travel as possible, but in no event less than three weeks before travel is planned to commence. The Contracting Officer's prior written approval may be in the form of a letter or telegram or similar device or may be specifically incorporated into the schedule of the contract. At least one week prior to commencement of approved international travel, the Contractor shall notify the cognizant Mission, with a copy to the Contracting Officer, of planned travel, identifying the travelers and the dates and times of arrival.
Contract No. DFD-C-0Q-03-00026-00 Page 42 I.7 COMMUNICATIONS PRODUCTS (OCT 1994)
(a) Definition - Communications products are any printed materials (other than non-color photocopy material), photographic services or video production services.
(b) Standards - USAID has established standards for communications These standards must be followed unless otherwise products.
specifically provided in the contract or approved in writing by the contracting officer. A copy of the standards for USAID financed .
is attached.
publications and video productions
(c) Communications products which meet any of the following criteria are not eligible for USAID financing under this agreement unless specifically authorized in the contract or in writing by the contracting officer:
(1) All communications materials funded by operating expense account funds;
(2) Any communication products costing over $25,000, including the costs of both preparation and execution. For example, in the case of a publication, the costs will include research, writing and other editorial services (including any associated overhead), design, layout and production costs.
(3) Any communication products that will be sent directly to, or likely to be seen by, a Member of Congress or Congressional staffer;
(4) Any publication that will have more than 50 percent of its copies distributed in the United States (excluding copies provided to CDIE and other USAID/W offices for internal use.
of every communications product as defined in paragraph (a) above [not ' the nation, propo just those which meet the criteria in paragraph (c)] which is anticipated under the contract. Each estimate must include all of the costs associated with preparation and execution of the product. Any subsequent request for approval of a covered communication product must provide the same type of cost information.
[End of Section I]