SPECIAL U.S. GOVERNMENT PROVISIONS
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1 SPECIAL U.S. GOVERNMENT PROVISIONS Program Description: PGU13/PGU15 USG Air Force Bridge Prime Contract Number: Prime Award Date: Prime Contract Mod: Priority Rating: DOA6 Prime RFP Number: W52P1J-12-R-0030 Prime Contract Type: FFF Page 1 of 12
2 /1/2012 Definitions This Order and Orders at all tiers if over $100,000 (except for /1/1984 Gratuities. This Order /1/1984 Covenant Against Contingent Fees. This Order /1/2006 Restrictions on Subcontractor Sales to the Government. This Order and Orders at all tiers if over $100,000 (except for /1/2010 Anti-Kickback Procedures. excluding subparagraph (c)(1) This Order and Orders at all tiers if over $150,000 (except for /1/1997 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. This Order /1/1997 Price or Fee Adjustment for Illegal or Improper Activity. This Order /1/2010 Limitation on Payments to Influence Certain Federal Transactions. This Order and Orders at all tiers if over $150, /1/2010 Contractor Code of Business Ethics and Conduct. All orders over $5M and a performance period of more than 120 days except for commercial items or foreign orders /1/2011 Operations Security (OPSEC) Requirements This Order and Orders at all tiers involving sensitive information /1/2012 Central Contractor Registration. This Order. Page 2 of 12
3 /1/2012 Reporting Executive Compensation and First-Tier Subcontract Awards. By the end of the month following the month of award, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for the subcontractor's preceding completed fiscal year, if: (i) In the subcontractor's preceding fiscal year, the subcontractor received: (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of All Orders over $25,000 other than Orders for commercial items under $5M, provided contractor's annual gross income from all sources in the previous tax year exceeded $300,000. This information will be made public on a government website /1/2010 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. This Order if over $30,000 excluding commercially available off-the-shelf items /1/2000 Material Requirements. This Order /1/2008 Defense Priority and Allocation Requirements. This Order if performed in the U.S., its possessions, or territories and a rated order /1/2011 TECHNICAL DATA PACKAGE INFORMATION, AND DISTRIBUTION AND DESTRUCTION MAY/2011 (ACC-RI) OF RESTRICTED TECHNICAL DATA This Order if it involves access to Technical Data Packages marked as "Restricted" /1/1997 Packaging Requirements This Order if final shipments are made directly to the Government /1/2010 Audit and Records -- Sealed Bidding. This Order and Orders and modifications at all tiers exceeding the threshold in FAR (a)(1) for submission of cost or pricing data (except for Page 3 of 12
4 /1/2010 Audit and Records Negotiation. This Order and Orders at all tiers if over $150,000 and (1) if cost reimbursement, incentive, time and material, labor hour, or price-redeterminable type or combination of these; (2) for which cost or pricing data are required; or (3) that require the Seller to furnish reports as discussed in paragraph (c) of this clause (except for commercial items) /1/2010 Pension Adjustments and Asset Reversions. This Order if Seller submits cost or pricing data which is thereafter certified or which any pre-award or post award cost determinations will be subject to FAR Part 31 (except for /14/2005 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions. This Order and Orders and modifications at all tiers where Seller or Seller's subcontractors submit cost or pricing data which is thereafter certified or for which any preaward or postaward cost determinations will be subject fo FAR Part /1/1997 Notification of Ownership Changes. This Order if Seller submits cost or pricing data which is thereafter certified or which any preaward or postaward cost determinations will be subject to FAR Subpart 31.2 (except for /1/2010 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data Modifications. This Order /1/2011 Fixed Fee. This Order if Cost-Plus-Fixed-Fee other than facilities or construction /1/2011 Utilization of Small Business Concerns. This Order if over $650,000 and performed in the U.S., its territories and possessions, District of Columbia, and the Commonwealth of Puerto Rico. Page 4 of 12
5 Alt II 10/1/2001 Small Business Subcontracting Plan. This Order if over $650,000 ($1,500,000 for construction of any public facility) and performed in the U.S., its territories and possessions, District of Columbia, and the Commonwealth of Puerto Rico, including Orders with foreign suppliers manufacturing product back into such locations. (Small business concerns and commercial items are exempt) /1/1997 Notice to the Government of Labor Disputes. This Order and Orders at all tiers /1/2010 Walsh-Healey Public Contracts Act. This Order and Orders at all tiers exceeding $15,000 if performed in the U.S., Puerto Rico and the Virgin Islands /1/1999 Prohibition of Segregated Facilities. This Order if over $10,000 (except for /1/2007 Equal Opportunity. Paragraphs (c)(1) through (c)(11) only. This Order and Orders at all tiers over $10,000 if performed in the U.S /1/2010 Equal Opportunity for Veterans. This Order and Orders at all tiers over $100, /1/2010 Affirmative Action for Workers With Disabilities. This Order if over $15, /1/2010 Employment Reports on Veterans. This Order if $100,000 or more (except for /1/2010 Notification of Employee Rights Under the National Labor Relations Act. All Orders over $10,000 unless all work is performed exclusively outside the U.S. Page 5 of 12
6 /1/2009 Combating Trafficking in Persons. This Order and Orders at all tiers involving the acquisition of services, except commercial services /1/2009 Employment Eligibility Verification. This Order if over $3000 for construction, supplies or services performed in the US, except for COTS items or services /1/1997 Hazardous Material Identification and Material Safety Data. This Order and Orders at all tiers involving hazardous material /1/2011 Encouraging Contractor Policies to Ban Text Messaging While Driving This Order and Orders at all tiers exceeding $3000 or $2000 if for construction /1/1999 Disposal of Remaining GFM Ammunition and Explosives Following Contract Completion or Termination This Order if it involves GFM Ammunition and Explosives /1/2008 Restrictions on Certain Foreign Purchases. This Order and Orders at all tiers (except for /1/2007 Authorization and Consent. This Order and Orders at all tiers if over $100,000 except for when complete performance and delivery are outside the United States /1/2007 Notice and Assistance Regarding Patent and Copyright Infringement. This Order and Orders at all tiers if over $100,000 (except for /1/1984 Patent Indemnity. This Order (except for /1/2003 Federal, State, and Local Taxes. This Order. Page 6 of 12
7 /1/2010 Administration of Cost Accounting Standards. This Order if subject to the clauses at FAR , , or /1/2002 Discounts for Prompt Payment. This Order /1/1984 Extras. This Order /1/2010 Interest. This Order /1/2010 Performance-Based Payments. This Order /1/1996 Protest After Award. This Order if fixed price /1/2004 Applicable Law for Breach of Contract Claim. This Order /1/1991 Production Progress Reports. This Order /1/1995 Bankruptcy. This Order /1/1987 Changes -- Fixed-Price. This Order if fixed price /1/1984 Change Order Accounting. This Order if estimated cost of a change or series of related changes exceeds $100, /1/2010 Government Property. This Order if government property is furnished or acquired. Page 7 of 12
8 /1/2012 Use and Charges. This Order if fixed price and seller utilizes Government property on other than a rentfree basis /1/1984 Contractor Inspection Requirements. This Order /1/2003 Warranty of Supplies of a Noncomplex Nature. This Order /1/1997 Limitation of Liability. This Oder and Orders at all tiers /1/2010 REWORK AND REPAIR OF NONCONFORMING MATERIAL FEB/2010 (RICC) This Order /1/2010 MIL-STD-1171A, ACCEPTANCE AND DESCRIPTION SHEETS (FOR PROPELLANTS AND SEP/2010 (RICC) EXPLOSIVES) This Order if for propellants or explosives /1/2010 STATEMENT OF WORK - PROPELLANT REASSESSMENT FEB/2010 (RICC) This Order if for the manufacture of propellant /1/2010 Transportation Security Requirements This Order and Orders at all tiers /1/1996 Special Transport/Loading Requiremetns (Hazardous) This Order and Orders at all tiers where Seller dropships supplies in carload lots by rail to a Government facility or other customer of Buyer /1/2003 Preference for U.S.-Flag Air Carriers. In the event that Seller selects a carrier other than a U.S. flag air carrier for international air transportation, Seller shall submit a certification to Buyer along with Seller's invoice certifying as follows: "I hereby certify that international air transportation of persons (and their personal effects) or property by U.S. flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons: (state reasons--see FAR section )." This Order and Orders at all tiers involving international air transportation (except for Page 8 of 12
9 /1/2006 Report of Shipment (REPSHIP). This Order if seller dropships Classified, Sensitive or Hazardous materials or ships a truckload/carload shipment of supplies weighing 20,000 pounds or more to a domestic government facility /1/2010 Value Engineering. This Order if $150,000 or more (except for /1/2012 Termination for Convenience of the Government (Fixed-Price). This Order /1/1984 Default (Fixed-Price Supply and Service). This Order. "Sellers grant ATK the same rights as afforded the Government under this clause, substituting buyer's name for "Contracting Officer" /1/2008 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. This Order if over $100,000 (except for /1/1991 Disclosure of Information. This Order Alt A 9/1/2007 Central Contractor Registration-Alt A This Order /1/2010 Export-Controlled Items. This Order /1/2010 Disclosure of Ownership or Control by a Foreign Government. This Order /1/2006 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country. This Order if over $25, /1/1991 Pricing Adjustments. Applicable only if this Order involves certified cost or pricing data. Page 9 of 12
10 /1/2011 Small Business Subcontracting Plan (DoD Contracts). This Order if over $650,000 and performed in the U.S., its territories and possessions, District of Columbia, and the Commonwealth of Puerto Rico, including Orders with foreign suppliers manufacturing product back into such locations. (The threshold for construction contracts is $1,500,000--Small business concerns are exempt /1/1991 Hazard Warning Labels. This Order and Orders at all tiers involving hazardous materials /1/1994 Safety Precautions for Ammunition and Explosives. By acceptance of this Order, Seller hereby certifies that it is in compliance with DoD Contractor's Safety Manual for Ammunition and Explosives (DoD M) or one of the following: AF , OP5, or AMCR , in effect on the date of this Order. Any surveillance performed by the Buyer in this respect shall be informational purposes only and may not be construed as an affirmation determination of Seller's compliance. Noncompliance with the requirements of the DoD Contrators' Safety Manual for Ammunition and Explosives will result in sanctions as mandated by the FAR clause and/or any rights or remedies provided elsewhere in this Order or in law. Seller agrees that if, subsequent to the effective date of this Order, Seller receives "needs improvement" or "unsatisfactory" rating as a result of any Government safety audit (whether related to this Order or not. Seller shall immediately notify Buyer in writing of such notifications and provide a corrective plan to Buyer upon request. This Order and Orders at all tiers involving ammuntion or explosives (except for /1/1991 Change in Place of Performance--Ammunition and Explosives. Seller agrees that if ammunition and explosives utilized for performance of this Order are handled at any location(s) other than the location(s) Seller identified in its offer, Seller shall immediately notify Buyer in writing and undergo a "change in place of performance" review by the Government prior to introducing ammunition and explosives to the new location(s). No change in Seller's place of performance of this Order shall occur until Seller receives written approval from Buyer. This Order if it involves ammunition or explosives /1/1993 Prohibition on Storage and Disposal of Toxic and Hazardous Materials. This Order and Orders at all tiers which require, may require, or permit Seller performance on a DoD installation (except for Page 10 of 12
11 /1/1999 Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives. This Order and Orders at all tiers involving arms, ammunition, and explosives (except for /1/2011 Buy American Act and Balance of Payments Program. This Order /1/2003 Qualifying Country Sources as Subcontractors. This Order /1/2006 Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies. As prescribed in (4), use the following clause: This Order and Orders at all tiers for items covered by the United States Munitions List. PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM COMMUNIST CHINESE MILITARY COMPANIES (SEP 2006) (a) Definitions. As used in this clause Communist Chinese military company means any entity that is (1) A part of the commercial or defense industrial base of the People s Republic of China; or (2) Owned or controlled by, or affiliated with, an element of the Government or armed forces of the People s Republic of China. United States Munitions List means the munitions list of the International Traffic in Arms Regulation in 22 CFR Part 121. (b) Any supplies or services covered by the United States Munitions List that are delivered under this contract may not be acquired, directly or indirectly, from a Communist Chinese military company. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts for items covered by the United States Munitions List. (End of clause) /1/2011 Restriction on Acquisition of Certain Articles Containing Specialty Metals. Paragraph (d) of this clause is excluded. In system as: This Order and Orders at all tiers containing specialty metals /1/2010 Preference for Certain Domestic Commodities. This Order if over $150, /1/2004 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. This Order and Orders at all tiers if over $500,000. Page 11 of 12
12 /1/1991 Supplemental Cost Principles. This Order and Orders at all tiers /1/1991 Pricing of Contract Modifications. This Order if fixed price or cost-type and Seller submits cost or pricing data which is thereafter certified /1/1998 Requests for Equitable Adjustment. This Order /1/2011 Subcontracts for Commercial Items and Commercial Components (DoD Contracts). This Order and Orders at all tiers if for commercial items or components /1/2007 Notification of Potential Safety Issues. This Order /1/2002 Transportation of Supplies by Sea. 1. In the performance of any resulting order, Seller shall furnish to the Buyer the rated onboard vessel operating carriers' ocean-bill-of-lading on all shipments by sea using a U.S. flag vessel within twenty (20) days after shipment. 2. In the performance of any resulting order, Seller shall notify Buyer sixty (60) days prior to shipment to obtain approval to transport by sea using other than a U.S. flag vessel. This Order and Orders at all tiers if over $100,000. Page 12 of 12
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