HomeMy WebLinkAbout131017P
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 PM
WHEN: THURSDAY, OCTOBER 17, 2013
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person o r by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and , as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be
made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Date posted: 10/09/13 Time posted: 5:00 PM
Z:\Council Packets\2013\R131017\131017A.docx Last printed 10/9/2013 11:33 AM Page 2 of 3
AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor may review RECENT EVENTS attended relating to Economic
Development.
ii.) Rotation of the VICE MAYOR POSITION to Councilmember Cassie Hansen,
pursuant to Fountain Hills Town Code, Section 2-2-2, which requires every elected
Councilmember to serve as Vice Mayor during the member’s elected term.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) None.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to
reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters
raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At
the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask
staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Nancy Ann Sinkule, Owner/Agent of Mojo’s Gourmet Pizza & Salad Bar LLC located at
16726 East El Pueblo Boulevard, Suite B, Fountain Hills, AZ. This is for a series 12 license
(Restaurant).
2. CONSIDERATION of approving a PERMANENT EXTENSION OF PREMISE LIQUOR
LICENSE APPLICATION submitted by Juan Gonzalez Torres dba FHI ES D NOS LLC
DBA SENOR TACO, 13525 N. Fountain Hills Blvd, Suite 101, Fountain Hills AZ 85268
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Alonzo Shattuck, representing the Veterans of Foreign Wars,
Post #7507, for the purpose of a fundraiser. The event is scheduled for Friday-Sunday,
November 8-10, 2013, from 9:00 a.m.-10:00 p.m., on Saguaro Blvd., in conjunction with
the Fountain Festival of Arts and Crafts.
4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Alonzo Shattuck, representing the Veterans of Foreign Wars,
Post #7507, for the purpose of a fundraiser. The event is scheduled for Friday-Sunday,
February 21-23, 2014, from 9:00 a.m.-10:00 p.m., on Saguaro Blvd., in conjunction with
the Great Fair.
Date posted: 10/09/13 Time posted: 5:00 PM
Z:\Council Packets\2013\R131017\131017A.docx Last printed 10/9/2013 11:33 AM Page 3 of 3
5. CONSIDERATION of approving a CONTRACT with Pac Van, Inc., in the amount of
$135,207.00, for a modular unit that will replace the current trailer at the street yard.
6. CONSIDERATION of approving RESOLUTION 2013-50, abandoning whatever right,
title, or interest the Town has in a portion of the certain public utility and drainage
easements located at the southwesterly property line of Plat 303, Block 1, Lot 5 (17306 E.
Brantley Drive) as recorded in Book 147 of Maps, Page 4, Records of Maricopa County,
Arizona. EA2013-11 (Foy/Gross)
REGULAR AGENDA ITEMS
7. CONSIDERATION of APPOINTING four citizens to the Public Safety Advisory
Commission, each to serve a 2-year term beginning November 1, 2013, and ending
November 1, 2015.
8. CONSIDERATION of RESOLUTION 2013-22, declaring as public records those certain
documents filed with the Town Clerk and entitled the “2012 International Building Code,”
the “2012 International Mechanical Code,” the “2011 National Electrical Code,” the “2012
International Swimming Pool and Spa Code,” the “2012 International Energy Conservation
Code,” the “2012 International Fire Code,” the “2012 International Residential Code,” the
“2012 International Fuel Gas Code,” the “2012 International Plumbing Code” and the
“Fountain Hills Amendments to the 2012 International Building Code, the 2012
International Residential Code, the 2012 International Energy Conservation Code and the
2012 International Fire Code.”
9. CONSIDERATION of the ORDINANCE 13-06, adopting by reference the “2012
International Building Code,” the “2012 International Mechanical Code,” the “2011
National Electrical Code,” the “2012 International Swimming Pool And Spa Code,” the
“2012 International Energy Conservation Code,” the “2012 International Fire Code,” the
“2012 International Residential Code,” the “2012 International Fuel Gas Code,” the “2012
International Plumbing Code” and the “Fountain Hills Amendments To The 2012
International Building Code, the 2012 International Residential Code, the 2012
International Energy Conservation Code and the 2012 International Fire Code”; and
amending The Fountain Hills Town Code, Chapter 7, Buildings And Building Regulations,
relating to the codification of same.
10. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or
(ii) directing staff to conduct further research and report back to the Council:
A. NONE.
11. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
12. ADJOURNMENT.
DATED this 9th day of October, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 PM
WHEN: THURSDAY, OCTOBER 17, 2013
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commissions or Boards may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be
made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. § 1-602.A.9 have been waived.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Date posted: 10/09/13 Time posted: 5:00 PM
Z:\Council Packets\2013\R131017\131017A.docx Last printed 10/9/2013 11:33 AM Page 2 of 3
AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor may review RECENT EVENTS attended relating to Economic
Development.
ii.) Rotation of the VICE MAYOR POSITION to Councilmember Cassie Hansen,
pursuant to Fountain Hills Town Code, Section 2-2-2, which requires every elected
Councilmember to serve as Vice Mayor during the member’s elected term.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) None.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to
reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters
raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At
the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask
staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA ITEMS
1. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Nancy Ann Sinkule, Owner/Agent of Mojo’s Gourmet Pizza & Salad Bar LLC located at
16726 East El Pueblo Boulevard, Suite B, Fountain Hills, AZ. This is for a series 12 license
(Restaurant).
2. CONSIDERATION of approving a PERMANENT EXTENSION OF PREMISE LIQUOR
LICENSE APPLICATION submitted by Juan Gonzalez Torres dba FHI ES D NOS LLC
DBA SENOR TACO, 13525 N. Fountain Hills Blvd, Suite 101, Fountain Hills AZ 85268
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Alonzo Shattuck, representing the Veterans of Foreign Wars,
Post #7507, for the purpose of a fundraiser. The event is scheduled for Friday-Sunday,
November 8-10, 2013, from 9:00 a.m.-10:00 p.m., on Saguaro Blvd., in conjunction with
the Fountain Festival of Arts and Crafts.
4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Alonzo Shattuck, representing the Veterans of Foreign Wars,
Post #7507, for the purpose of a fundraiser. The event is scheduled for Friday-Sunday,
February 21-23, 2014, from 9:00 a.m.-10:00 p.m., on Saguaro Blvd., in conjunction with
the Great Fair.
Date posted: 10/09/13 Time posted: 5:00 PM
Z:\Council Packets\2013\R131017\131017A.docx Last printed 10/9/2013 11:33 AM Page 3 of 3
5. CONSIDERATION of approving a CONTRACT with Pac Van, Inc., in the amount of
$135,207.00, for a modular unit that will replace the current trailer at the street yard.
6. CONSIDERATION of approving RESOLUTION 2013-50, abandoning whatever right,
title, or interest the Town has in a portion of the certain public utility and drainage
easements located at the southwesterly property line of Plat 303, Block 1, Lot 5 (17306 E.
Brantley Drive) as recorded in Book 147 of Maps, Page 4, Records of Maricopa County,
Arizona. EA2013-11 (Foy/Gross)
REGULAR AGENDA ITEMS
7. CONSIDERATION of APPOINTING four citizens to the Public Safety Advisory
Commission, each to serve a 2-year term beginning November 1, 2013, and ending
November 1, 2015.
8. CONSIDERATION of RESOLUTION 2013-22, declaring as public records those certain
documents filed with the Town Clerk and entitled the “2012 International Building Code,”
the “2012 International Mechanical Code,” the “2011 National Electrical Code,” the “2012
International Swimming Pool and Spa Code,” the “2012 International Energy Conservation
Code,” the “2012 International Fire Code,” the “2012 International Residential Code,” the
“2012 International Fuel Gas Code,” the “2012 International Plumbing Code” and the
“Fountain Hills Amendments to the 2012 International Building Code, the 2012
International Residential Code, the 2012 International Energy Conservation Code and the
2012 International Fire Code.”
9. CONSIDERATION of the ORDINANCE 13-06, adopting by reference the “2012
International Building Code,” the “2012 International Mechanical Code,” the “2011
National Electrical Code,” the “2012 International Swimming Pool And Spa Code,” the
“2012 International Energy Conservation Code,” the “2012 International Fire Code,” the
“2012 International Residential Code,” the “2012 International Fuel Gas Code,” the “2012
International Plumbing Code” and the “Fountain Hills Amendments To The 2012
International Building Code, the 2012 International Residential Code, the 2012
International Energy Conservation Code and the 2012 International Fire Code”; and
amending The Fountain Hills Town Code, Chapter 7, Buildings And Building Regulations,
relating to the codification of same.
10. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or
(ii) directing staff to conduct further research and report back to the Council:
A. NONE.
11. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
12. ADJOURNMENT.
DATED this 9th day of October, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this
agenda are available for review in the Clerk’s office.
RedactedRedactedRedacted
Redacted
Redacted
Redacted
Redacted
Redacted
Redacted
Redacted
Contract Clause Document
for
Solicitation Number :7FCI-F8-030056-B
Refresh Number :22
Contract Number :GS-07F-0502N
Created on June 28, 2013
TABLE OF CONTENTS
Contract Clauses
52.202-1 - DEFINITIONS (JAN 2012)........................................................................................................1
52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (APR 2010)................... 1
52.203-15 - WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY AND
REINVESTMENT ACT OF 2009 (JUN 2010).............................................................................................4
52.203-3 - GRATUITIES (APR 1984).........................................................................................................4
52.203-6 - RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(ALTERNATE I -- OCT 1995).....................................................................................................................5
52.204-10 - REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (AUG 2012).................................................................................................................................5
52.204-11 - AMERICAN RECOVERY AND REINVESTMENT ACT-REPORTING REQUIREMENTS
(JUL 2010).................................................................................................................................................. 8
52.204-4 - PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER
(MAY 2011)............................................................................................................................................... 10
52.204-9 - PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)....11
52.207-5 - OPTION TO PURCHASE EQUIPMENT (FEB 1995)............................................................11
52.209-1 - QUALIFICATION REQUIREMENTS (FEB 1995).................................................................11
52.209-10 - PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(MAY 2012)............................................................................................................................................... 12
52.209-6 - PROTECTING THE GOVERNMENTS INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010).......13
52.209-9 - UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (FEB 2012)..............................................................................................................................14
52.211-16 - VARIATION IN QUANTITY (APR 1984)..............................................................................14
52.212-4 - CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2012)
(DEVIATION I -- FEB 2007).................................................................................................................... 15
52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2013) (ALTERNATE II -- JUL 2012)..............18
52.215-21 - REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER
THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010) (ALTERNATE IV -
OCT 2010).................................................................................................................................................22
52.216-18 - ORDERING (OCT 1995) (DEVIATION II - FEB 2007).......................................................22
52.216-19 - ORDER LIMITATIONS (OCT 1995) (DEVIATION II - FEB 2007).....................................22
52.216-22 - INDEFINITE QUANTITY (OCT 1995) (DEVIATION I - JAN 1994)................................... 23
52.217-8 - OPTION TO EXTEND SERVICES (NOV 1999).....................................................................24
52.219-13 - NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)............................................................24
52.219-14 - LIMITATIONS ON SUBCONTRACTING (NOV 2011).........................................................24
52.219-16 - LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999).................................24
52.219-27 - NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE
(NOV 2011)............................................................................................................................................... 25
52.219-28 - POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2012)........26
52.219-29 - NOTICE OF SET-ASIDE FOR ECONOMICALLY DISADVANTAGED WOMEN-OWNED
SMALL BUSINESS CONCERNS (APR 2012)...........................................................................................28
52.219-3 - NOTICE OF TOTAL HUBZONE SET-ASIDE OR SOLE SOURCE AWARD (NOV 2011)....29
52.219-30 - NOTICE OF SET-ASIDE FOR WOMEN-OWNED SMALL BUSINESS CONCERNS
ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS PROGRAM (APR 2012)....................31
52.219-6 - NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011).......................................32
52.219-8 - UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)..........................................33
52.219-9 - SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011) (ALTERNATE II -- OCT
2001)..........................................................................................................................................................35
52.222-1 - NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)..............................41
52.222-19 - CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (APR 2012)..41
52.222-21 - PROHIBITION OF SEGREGATED FACILITIES (FEB 1999).............................................42
52.222-26 - EQUAL OPPORTUNITY (MAR 2007)..................................................................................43
52.222-3 - CONVICT LABOR (JUN 2003)...............................................................................................44
52.222-35 - EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)...................................................... 45
52.222-36 - AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (OCT 2010)...................48
52.222-37 - EMPLOYMENT REPORTS ON VETERANS (SEP 2010).....................................................49
52.222-40 - NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (DEC 2010).......................................................................................................................................50
52.222-41 - SERVICE CONTRACT ACT OF 1965 (NOV 2007)..............................................................51
52.222-42 - STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)..................57
52.222-43 - FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT -- PRICE
ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009)......................................57
52.222-49 - SERVICE CONTRACT ACT -- PLACE OF PERFORMANCE UNKNOWN (MAY 1989)....58
52.222-54 - EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012)...............................................58
52.222-6 - DAVIS-BACON ACT (JUL 2005)............................................................................................61
52.222-7 - WITHHOLDING OF FUNDS (FEB 1988)..............................................................................63
52.222-8 - PAYROLLS AND BASIC RECORDS (JUN 2010)...................................................................64
52.222-9 - APPRENTICES AND TRAINEES (JUL 2005)........................................................................65
52.223-10 - WASTE REDUCTION PROGRAM (MAY 2011)...................................................................66
52.223-11 - OZONE-DEPLETING SUBSTANCES (MAY 2001)..............................................................67
52.223-15 - ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007).................67
52.223-18 - ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (AUG 2011)..............................................................................................................................68
52.223-19 - COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY 2011)........ 69
52.223-2 - AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS (JUL 2012)...........................................................................................69
52.223-3 - HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
(ALTERNATE I - JUL 1995).....................................................................................................................70
52.223-3 - HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN
1997)..........................................................................................................................................................71
52.223-5 - POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011).........72
52.223-7 - NOTICE OF RADIOACTIVE MATERIALS (JAN 1997).........................................................73
52.224-1 - PRIVACY ACT NOTIFICATION (APR 1984).........................................................................73
52.224-2 - PRIVACY ACT (APR 1984).....................................................................................................73
52.225-13 - RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)................................74
52.225-5 - TRADE AGREEMENTS (NOV 2012)......................................................................................74
52.228-5 - INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997).........................77
52.229-1 - STATE AND LOCAL TAXES (APR 1984)...............................................................................77
52.229-3 - FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) (DEVIATION I - FEB 2007)............ 77
52.232-17 - INTEREST (OCT 2010) (DEVIATION I - MAY 2003)..........................................................78
52.232-19 - AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) (DEVIATION I -
MAY 2003).................................................................................................................................................79
52.232-33 - PAYMENT BY ELECTRONIC FUNDS TRANSFER -- CENTRAL CONTRACTOR
REGISTRATION (OCT 2003)...................................................................................................................79
52.232-34 - PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN CENTRAL
CONTRACTOR REGISTRATION (MAY 1999) (DEVIATION I - FEB 2007)..........................................81
52.232-36 - PAYMENT BY THIRD PARTY (FEB 2010) (DEVIATION I - MAY 2003)........................... 83
52.232-37 - MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999)..................................................... 84
52.232-99 - PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS
(DEVIATION) (AUG 2012).......................................................................................................................84
52.233-1 - DISPUTES (JUL 2002)............................................................................................................84
52.233-3 - PROTEST AFTER AWARD (AUG 1996)................................................................................85
52.233-4 - APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)...........................86
52.237-2 - PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR
1984)..........................................................................................................................................................86
52.237-3 - CONTINUITY OF SERVICES (JAN 1991)..............................................................................86
52.239-1 - PRIVACY OR SECURITY SAFEGUARDS (AUG 1996).........................................................87
52.242-13 - BANKRUPTCY (JUL 1995)...................................................................................................87
52.242-15 - STOP-WORK ORDER (AUG 1989)......................................................................................87
52.246-4 - INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996) (DEVIATION I - MAY 2003)...88
52.247-1 - COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)..............................................89
52.247-32 - F.O.B. ORIGIN, FREIGHT PREPAID (FEB 2006)..............................................................89
52.247-34 - F.O.B. DESTINATION (NOV 1991)......................................................................................91
52.247-38 - F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006).................................91
52.247-39 - F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR 1984)...............................92
52.247-58 - LOADING, BLOCKING, AND BRACING OF FREIGHT CAR AND TRAILER-ON-FLAT
CAR (PIGGYBACK) SHIPMENTS (DEVIATION I - OCT 1984).............................................................92
52.247-64 - PREFERENCE FOR PRIVATELY OWNED U.S.--FLAG COMMERCIAL VESSELS (FEB
2006) (ALTERNATE I -- APR 2003).........................................................................................................93
52.247-65 - F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)......94
52.247-68 - REPORT OF SHIPMENT (REPSHIP) (FEB 2006)..............................................................94
52.252-2 - CLAUSES INCORPORATED BY REFERENCE (FEB 1998).................................................95
552.203-71 - RESTRICTION ON ADVERTISING (SEP 1999)................................................................ 97
552.211-15 - DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM REQUIREMENTS (SEP 2004).97
552.211-73 - MARKING (FEB 1996)........................................................................................................98
552.211-75 - PRESERVATION, PACKAGING, AND PACKING (FEB 1996) (ALTERNATE I - MAY
2003)..........................................................................................................................................................98
552.211-77 - PACKING LIST (FEB 1996) (ALTERNATE I - MAY 2003)................................................99
552.211-78 - COMMERCIAL DELIVERY SCHEDULE (MULTIPLE AWARD SCHEDULE) (FEB
1996)..........................................................................................................................................................99
552.211-8 - TIME OF DELIVERY (SEP 1999).......................................................................................100
552.212-70 - PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE) (AUG 1997)............. 100
552.212-71 - CONTRACT TERMS AND CONDITIONS APPLICABLE TO GSA ACQUISITION OF
COMMERCIAL ITEMS (JUL 2003)....................................................................................................... 101
552.212-72 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS (SEP
2003)........................................................................................................................................................101
552.215-71 - EXAMINATION OF RECORDS BY GSA (MULTIPLE AWARD SCHEDULE) (JUL
2003)........................................................................................................................................................102
552.215-72 - PRICE ADJUSTMENT--FAILURE TO PROVIDE ACCURATE INFORMATION (AUG
1997)........................................................................................................................................................102
552.216-70 - ECONOMIC PRICE ADJUSTMENT -- FSS MULTIPLE AWARD SCHEDULE
CONTRACTS (SEP 1999) (ALTERNATE I - SEP 1999) (DEVIATION I - APR 2007)..........................103
552.216-72 - PLACEMENT OF ORDERS (AUG 2010).........................................................................103
552.223-70 - HAZARDOUS SUBSTANCES (MAY 1989).......................................................................104
552.223-71 - NONCONFORMING HAZARDOUS MATERIALS (SEP 1999)....................................... 104
552.229-70 - FEDERAL, STATE, AND LOCAL TAXES (APR 1984).....................................................105
552.229-71 - FEDERAL EXCISE TAX--DC GOVERNMENT (SEP 1999)............................................ 105
552.232-23 - ASSIGNMENT OF CLAIMS (SEP 1999).......................................................................... 105
552.232-74 - INVOICE PAYMENTS (SEP 1999)...................................................................................105
552.232-79 - PAYMENT BY CREDIT CARD (MAY 2003).....................................................................106
552.232-8 - DISCOUNTS FOR PROMPT PAYMENT (APR 1989) (DEVIATION FAR 52.232-8)....... 107
552.232-81 - PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (MAY 2003).......................108
552.232-83 - CONTRACTOR'S BILLING RESPONSIBILITIES (MAY 2003)........................................108
552.238-70 - IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT PROVIDING
ACCESSIBILITY FOR THE HANDICAPPED (SEP 1991)....................................................................108
552.238-71 - SUBMISSION AND DISTRIBUTION OF AUTHORIZED FSS SCHEDULE PRICELISTS
(SEP 1999) (DEVIATION I -- DEC 2004)..............................................................................................109
552.238-72 - IDENTIFICATION OF PRODUCTS THAT HAVE ENVIRONMENTAL ATTRIBUTES (SEP
2003)........................................................................................................................................................109
552.238-73 - CANCELLATION (SEP 1999)...........................................................................................111
552.238-74 - INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL 2003).......................... 111
552.238-75 - PRICE REDUCTIONS (MAY 2004) (ALTERNATE I - MAY 2003)..................................113
552.238-76 - DEFINITION (FEDERAL SUPPLY SCHEDULES) -- RECOVERY PURCHASING (FEB
2007)........................................................................................................................................................114
552.238-78 - SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (SEP 2008)
(ALTERNATE I -- FEB 2007)................................................................................................................. 114
552.238-80 - USE OF FEDERAL SUPPLY SCHEDULE CONTRACTS BY CERTAIN ENTITIES --
RECOVERY PURCHASING (FEB 2007)............................................................................................... 116
552.243-72 - MODIFICATIONS (MULTIPLE AWARD SCHEDULE) (JUL 2000) (DEVIATION I - SEP
2010)........................................................................................................................................................118
552.246-73 - WARRANTY--MULTIPLE AWARD SCHEDULE (MAR 2000) (ALTERNATE I -- MAY
2003)........................................................................................................................................................119
552.252-6 - AUTHORIZED DEVIATIONS IN CLAUSES (SEP 1999) (DEVIATION FAR 52.252-6)...119
C-FSS-370 - CONTRACTOR TASKS / SPECIAL REQUIREMENTS (NOV 2003)................................120
C-FSS-411 - FIRE OR CASUALTY HAZARDS, OR SAFETY OR HEALTH REQUIREMENTS (OCT
1992)........................................................................................................................................................121
C-FSS-412 - CHARACTERISTICS OF ELECTRIC CURRENT (MAY 2000)........................................ 121
C-FSS-425 - WORKMANSHIP (OCT 1988)...........................................................................................122
C-FSS-427 - ANSI STANDARDS (JUL 1991).........................................................................................122
C-FSS-439 - ENVIRONMENTAL PROTECTION AGENCY REGISTRATION REQUIREMENT (APR
1996)........................................................................................................................................................122
CI-FSS-056 - FEDERAL ACQUISITION REGULATION (FAR) PART 51 DEVIATION AUTHORITY
(FEDERAL SUPPLY SCHEDULES) (JAN 2010)...................................................................................122
D-FSS-440 - PRESERVATION, PACKAGING, PACKING, AND MARKING AND LABELING OF
HAZARDOUS MATERIALS (HAZMAT) FOR SURFACE SHIPMENT (MAY 1997).............................123
D-FSS-447 - SEPARATE CHARGE FOR PERFORMANCE ORIENTED PACKAGING (POP) (JAN
1992)........................................................................................................................................................123
D-FSS-456 - PACKAGING AND PACKING (APR 1984)......................................................................124
D-FSS-471 - MARKING AND DOCUMENTATION REQUIREMENTS PER SHIPMENT (APR 1984)124
D-FSS-477 - TRANSSHIPMENTS (APR 1984).......................................................................................125
E-FSS-521-D - INSPECTION (MAY 2000).............................................................................................125
E-FSS-522 - INSPECTION AT DESTINATION (MAR 1996).................................................................125
F-FSS-202-F - DELIVERY PRICES (APR 1984)....................................................................................126
F-FSS-202-G - DELIVERY PRICES (JAN 1994)....................................................................................126
F-FSS-230 - DELIVERIES TO THE U.S. POSTAL SERVICE (JAN 1994)............................................127
F-FSS-244-B - ADDITIONAL SERVICE CHARGE FOR DELIVERY WITHIN CONSIGNEE'S
PREMISES (MAY 2000)..........................................................................................................................127
F-FSS-736-A - EXPORT TRAFFIC RELEASE (OCT 1988)...................................................................128
F-FSS-772 - CARLOAD SHIPMENTS (APR 1984)................................................................................128
G-FSS-900-C - CONTACT FOR CONTRACT ADMINISTRATION (JUL 2003)...................................128
G-FSS-906 - VENDOR MANAGED INVENTORY (VMI) PROGRAM (MAS) (JAN 1999)....................129
G-FSS-907 - ORDER ACKNOWLEDGEMENT (APR 1984)................................................................. 129
G-FSS-910 - DELIVERIES BEYOND THE CONTRACTUAL PERIOD-PLACING OF ORDERS (OCT
1988)........................................................................................................................................................129
I-FSS-103 - SCOPE OF CONTRACT WORLDWIDE (JUL 2002).........................................................130
I-FSS-106 - GUARANTEED MINIMUM (JUL 2003).............................................................................130
I-FSS-108 - CLAUSES FOR OVERSEAS COVERAGE (MAY 2000)..................................................... 131
I-FSS-109 - ENGLISH LANGUAGE AND U.S. DOLLAR REQUIREMENTS (MAR 1998).................. 131
I-FSS-140-B - URGENT REQUIREMENTS (JAN 1994)........................................................................131
I-FSS-163 - OPTION TO EXTEND THE TERM OF THE CONTRACT (EVERGREEN) (APR 2000)
(DEVIATION I -- AUG 2011)................................................................................................................. 131
I-FSS-314 - FOREIGN TAXES AND DUTIES (DEC 1990)...................................................................132
I-FSS-40 - CONTRACTOR TEAM ARRANGEMENTS (JUL 2003).......................................................132
I-FSS-50 - PERFORMANCE REPORTING REQUIREMENTS (FEB 1995).........................................132
I-FSS-594 - PARTS AND SERVICE (OCT 1988)................................................................................... 132
I-FSS-597 - GSA ADVANTAGE! (SEP 2000).........................................................................................133
I-FSS-599 - ELECTRONIC COMMERCE--FACNET (SEP 2006).........................................................133
I-FSS-60 - PERFORMANCE INCENTIVES (APR 2000)....................................................................... 135
I-FSS-600 - CONTRACT PRICE LISTS (JUL 2004).............................................................................. 135
I-FSS-639 - CONTRACT SALES CRITERIA (MAR 2002)......................................................................139
I-FSS-644 - DEALERS AND SUPPLIERS (OCT 1988)..........................................................................139
I-FSS-646 - BLANKET PURCHASE AGREEMENTS (MAY 2000)........................................................139
I-FSS-680 - DISSEMINATION OF INFORMATION BY CONTRACTOR (APR 1984)......................... 139
I-FSS-965 - INTERPRETATION OF CONTRACT REQUIREMENTS (APR 1984)...............................139
I-FSS-969 - ECONOMIC PRICE ADJUSTMENT-FSS MULTIPLE AWARD SCHEDULE (JAN 2002)140
52.202-1 DEFINITIONS (JAN 2012)
(a) When a solicitation provision or contract clause uses a word or term that is defined in the Federal
Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101
in effect at the time the solicitation was issued, unless-
(1) The solicitation, or amended solicitation, provides a different definition;
(2) The contracting parties agree to a different definition;
(3) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a
different meaning; or
(4) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.
(b) The FAR Index is a guide to words and terms the FAR defines and shows where each definition is
located. The FAR Index is available via the Internet at http://www.acquisition.gov/far at the end of the
FAR, after the FAR Appendix.
52.203-13 Contractor Code of Business Ethics and Conduct (APR 2010)
(a) Definitions. As used in this clause –
Agent means any individual, including a director, an officer, an employee, or an independent
Contractor, authorized to act on behalf of the organization.
Full cooperation –
(1) Means disclosure to the Government of the information sufficient for law enforcement to
identify the nature and extent of the offense and the individuals responsible for the conduct. It
includes providing timely and complete response to Government auditors' and investigators'
request for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract.
It does not require –
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the
attorney work product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole
proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from –
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential
or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or
supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a
division or business segment; and similar positions).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for
performance of a prime contract or a subcontract.
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Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or
for a prime contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct.
(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time
period, the Contractor shall –
(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the
contract.
(2) The Contractor shall –
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a
commitment to compliance with the law.
(3) (i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector
General (OIG), with a copy to the Contracting Officer, whenever, in connection with the
award, performance, or closeout of this contract or any subcontract thereunder, the
Contractor has credible evidence that a principal, employee, agent, or subcontractor of the
Contractor has committed –
(A) A violation of Federal criminal law involving fraud, conflict of interest,
bribery, or gratuity violations found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and
treat information obtained pursuant to the Contractor's disclosure as confidential where
the information has been marked “confidential“ or “proprietary” by the company. To the
extent permitted by law and regulation, such information will not be released by the
Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C.
Section 552, without prior notification to the Contractor. The Government may transfer
documents provided by the Contractor to any department or agency within the Executive
Branch if the information relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a
multi-agency contract, a multiple-award schedule contract such as the Federal Supply
Schedule, or any other procurement instrument intended for use by multiple agencies, the
Contractor shall notify the OIG of the ordering agency and the IG of the agency
responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c)
does not apply if the Contractor has represented itself as a small business concern pursuant to the award
of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101.
The Contractor shall establish the following within 90 days after contract award, unless the Contracting
Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a
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practical manner the Contractor's standards and procedures and other aspects of the
Contractor's business ethics awareness and compliance program and internal control
system, by conducting effective training programs and otherwise disseminating
information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's
principals and employees, and as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall –
(A) Establish standards and procedures to facilitate timely discovery of improper
conduct in connection with Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the
following:
(A) Assignment of responsibility at a sufficiently high level and adequate
resources to ensure effectiveness of the business ethics awareness and compliance
program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due
diligence would have exposed as having engaged in conduct that is in conflict
with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and
internal controls for compliance with the Contractor's code of business ethics and
conduct and the special requirements of Government contracting, including –
(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics
awareness and compliance program and internal control system,
especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate
steps to design, implement, or modify the business ethics awareness and
compliance program and the internal control system as necessary to
reduce the risk of criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for
anonymity or confidentiality, by which employees may report suspected instances
of improper conduct, and instructions that encourage employees to make such
reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable
steps to prevent or detect improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the
Contracting Officer, whenever, in connection with the award, performance, or
closeout of any Government contract performed by the Contractor or a
subcontractor thereunder, the Contractor has credible evidence that a principal,
employee, agent, or subcontractor of the Contractor has committed a violation of
Federal criminal law involving fraud, conflict of interest, bribery, or gratuity
violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31
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U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the
Contractor may make the disclosure to the agency OIG and Contracting
Officer responsible for the largest dollar value contract impacted by the
violation.
(2) If the violation relates to an order against a Governmentwide
acquisition contract, a multi-agency contract, a multiple-award schedule
contract such as the Federal Supply Schedule, or any other procurement
instrument intended for use by multiple agencies, the contractor shall
notify the OIG of the ordering agency and the IG of the agency
responsible for the basic contract, and the respective agencies' contracting
officers.
(3) The disclosure requirement for an individual contract continues until
at least 3 years after final payment on the contract.
(4) The Government will safeguard such disclosures in accordance with
paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits,
investigations, or corrective actions.
(d)Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in
subcontracts that have a value in excess of $5,000,000 and a performance period of more than
120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil
False Claims Act or of Federal criminal law shall be directed to the agency Office of the
Inspector General, with a copy to the Contracting Officer.
52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE
AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
(JUN 2010)
(a) The Contractor shall post notice of employees rights and remedies for whistleblower protections
provided under section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111–5)
(Recovery Act).
(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all
subcontracts that are funded in whole or in part with Recovery Act funds.
52.203-3 GRATUITIES (APR 1984)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and
hearing, the agency head or a designee determines that the Contractor, its agent, or another
representative—
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of
the Government; and
(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
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(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) above, the Government is entitled—
(1) To pursue the same remedies as in a breach of the contract; and
(2) In addition to any other damages provided by law, to exemplary damages of not less than 3
nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person
concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is
applicable only if this contract uses money appropriated to the Department of Defense.)
(d) 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.
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT (SEP 2006) (ALTERNATE I—OCT 1995)
(a) Except as provided in (b) below, the Contractor shall not enter into any agreement with an actual or
prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of
restricting sales by such subcontractors directly to the Government of any item or process (including
computer software) made or furnished by the subcontractor under this contract or under any follow-on
production contract.
(b) The prohibition in paragraph (a) of this clause does not preclude the Contractor from asserting rights
that are otherwise authorized by law or regulation. For acquisitions of commercial items, the
prohibition in paragraph (a) applies only to the extent that any agreement restricting sales by
subcontractors results in the Federal Government being treated differently from any other prospective
purchaser for the sale of the commercial item(s).
(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all
subcontracts under this contract which exceed the simplified acquisition threshold.
52.204-10 REPORTING EXECUTIVE COMPENSATION AND
FIRST-TIER SUBCONTRACT AWARDS (AUG 2012)
(a)Definitions. As used in this clause:
“Executive” means officers, managing partners, or any other employees in management positions.
“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of
acquiring supplies or services (including construction) for performance of a prime contract. It does not
include the Contractor’s supplier agreements with vendors, such as long-term arrangements for
materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a
Contractor’s general and administrative expenses or indirect costs.
“Month of award” means the month in which a contract is signed by the Contracting Officer or the
month in which a first-tier subcontract is signed by the Contractor.
“Total compensation” means the cash and noncash dollar value earned by the executive during the
Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR
229.402(c)(2)):
(1)Salary and bonus.
(2)Awards of stock, stock options, and stock appreciation rights.Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in accordance
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with the Financial Accounting Standards Board’s Accounting Standards Codification (FASB
ASC) 718, Compensation-Stock Compensation.
(3)Earnings for services under non-equity incentive plans. This does not include group life,
health, hospitalization or medical reimbursement plans that do not discriminate in favor of
executives, and are available generally to all salaried employees.
(4)Change in pension value.This is the change in present value of defined benefit and actuarial
pension plans.
(5)Above-market earnings on deferred compensation which is not tax-qualified.
(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance,
termination payments, value of life insurance paid on behalf of the employee, perquisites or
property) for the executive exceeds $10,000.
(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L.
109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.
110-252), requires the Contractor to report information on subcontract awards. The law requires all
reported information be made public, therefore, the Contractor is responsible for notifying its
subcontractors that the required information will be made public.
(c) Nothing in this clause requires the disclosure of classified information.
(d) (1)Executive compensation of the prime contractor. As a part of its annual registration
requirement
in the Central Contractor Registration (CCR) database (FAR clause 52.204-7), the Contractor
shall report the names and total compensation of each of the five most highly compensated
executives for its preceding completed fiscal year, if –
(i) In the Contractor’s preceding fiscal year, the Contractor received –
(A) 80 percent or more of its annual gross revenues from Federal contracts (and
subcontracts), loans, grants (and subgrants), cooperative agreements, and other
forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal contracts (and
subcontracts), loans, grants (and subgrants), cooperative agreements, and other
forms of Federal financial assistance; 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 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total compensation filings
at http://www.sec.gov/answers/execomp.htm.).
(2)First-tier subcontract information. Unless otherwise directed by the contracting officer, or as
provided in paragraph (g) of this clause, by the end of the month following the month of award of
a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following
information at http://www.fsrs.gov for that first-tier subcontract. (The Contractor shall follow the
instructions at http://www.fsrs.gov to report the data.)
(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for
the subcontractor’s parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
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(iv) Date of the subcontract award.
(v) A description of the products or services (including construction) being provided
under the subcontract, including the overall purpose and expected outcomes or results of
the subcontract.
(vi) Subcontract number (the subcontract number assigned by the Contractor).
(vii) Subcontractor’s physical address including street address, city, state, and country.
Also include the nine-digit zip code and congressional district.
(viii) Subcontractor’s primary performance location including street address, city, state,
and country. Also include the nine-digit zip code and congressional district.
(ix) The prime contract number, and order number if applicable.
(x) Awarding agency name and code.
(xi) Funding agency name and code.
(xii) Government contracting office code.
(xiii) Treasury account symbol (TAS) as reported in FPDS.
(xiv) The applicable North American Industry Classification System code (NAICS).
(3)Executive compensation of the first-tier subcontractor. Unless otherwise directed by the
Contracting Officer, by the end of the month following the month of award of a first-tier
subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime
contract award date), the Contractor shall report the names and total compensation of each of the
five most highly compensated executives for that first-tier subcontractor for the first-tier
subcontractor’s preceding completed fiscal year at http://www.fsrs.gov, 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), cooperative agreements, and other
forms of Federal financial assistance; and
(B) $25,000,000 or more in annual gross revenues from Federal
contracts (and subcontracts), loans, grants (and subgrants), cooperative
agreements, and other forms of Federal financial assistance; 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 1986. (To determine if the public has access to the compensation
information, see the U.S. Security and Exchange Commission total compensation filings
at http://www.sec.gov/answers/execomp.htm.)
(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than
$25,000 to avoid the reporting requirements in paragraph (d).
(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d)
when the subcontract is awarded. Continued reporting on the same subcontract is not required unless
one of the reported data elements changes during the performance of the subcontract. The Contractor is
not required to make further reports after the first-tier subcontract expires.
(g) (1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000,
the Contractor is exempt from the requirement to report subcontractor awards.
(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000,
the Contractor does not need to report awards for that subcontractor.
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(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from CCR
and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting
officer. If the CCR database information is incorrect, the contractor is responsible for correcting this
information.
52.204-11 AMERICAN RECOVERY AND REINVESTMENT ACT –
REPORTING REQUIREMENTS (JUL 2010)
(a)Definitions.For definitions related to this clause (e.g., contract, first-tier subcontract, total
compensation etc.) see the Frequently Asked Questions (FAQs) available at
http://www.whitehouse.gov/omb/recovery_faqs_contractors. These FAQs are also linked under
http://www.FederalReporting.gov.
(b) This contract requires the contractor to provide products and/or services that are funded under the
American Recovery and Reinvestment Act of 2009 (Recovery Act). Section 1512(c) of the Recovery
Act requires each contractor to report on its use of Recovery Act funds under this contract. These
reports will be made available to the public.
(c) Reports from the Contractor for all work funded, in whole or in part, by the Recovery Act, are due
no later than the 10th day following the end of each calendar quarter. The Contractor shall review the
Frequently Asked Questions (FAQs) for Federal Contractors before each reporting cycle and prior to
submitting each quarterly report as the FAQs may be updated from time-to-time. The first report is due
no later than the 10th day after the end of the calendar quarter in which the Contractor received the
award. Thereafter, reports shall be submitted no later than the 10th day after the end of each calendar
quarter. For information on when the Contractor shall submit its final report, see
http://www.whitehouse.gov/omb/recovery_faqs_contractors.
(d) The Contractor shall report the following information, using the online reporting tool available at
http://www.FederalReporting.gov.
(1) The Government contract and order number, as applicable.
(2) The amount of Recovery Act funds invoiced by the contractor for the reporting period. A
cumulative amount from all the reports submitted for this action will be maintained by the
government's on-line reporting tool.
(3) A list of all significant services performed or supplies delivered, including construction, for
which the contractor invoiced in this calendar quarter.
(4) Program or project title, if any.
(5) A description of the overall purpose and expected outcomes or results of the contract,
including significant deliverables and, if appropriate, associated units of measure.
(6) An assessment of the contractor’s progress towards the completion of the overall purpose and
expected outcomes or results of the contract (i.e., not started, less than 50 percent completed,
completed 50 percent or more, or fully completed). This covers the contract (or portion thereof)
funded by the Recovery Act.
(7) A narrative description of the employment impact of work funded by the Recovery Act. This
narrative should be cumulative for each calendar quarter and address the impact on the
Contractor’s and first-tier subcontractors’ workforce for all first-tier subcontracts valued at
$25,000 or more. At a minimum, the Contractor shall provide —
(i) A brief description of the types of jobs created and jobs retained in the United States
and outlying areas (see definition in FAR 2.101). This description may rely on job titles,
broader labor categories, or the Contractor’s existing practice for describing jobs as long
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as the terms used are widely understood and describe the general nature of the work; and
(ii) An estimate of the number of jobs created and jobs retained by the prime Contractor
and all first-tier subcontracts valued at $25,000 or more, in the United States and outlying
areas. A job cannot be reported as both created and retained. See an example of how to
calculate the number of jobs at
http://www.whitehouse.gov/omb/recovery_faqs_contractors.
(8) Names and total compensation of each of the five most highly compensated officers of the
Contractor for the calendar year in which the contract is awarded if —
(i) In the Contractor’s preceding fiscal year, the Contractor 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 senior
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 1986.
(9) For subcontracts valued at less than $25,000 or any subcontracts awarded to an individual, or
subcontracts awarded to a subcontractor that in the previous tax year had gross income under
$300,000, the Contractor shall only report the aggregate number of such first tier subcontracts
awarded in the quarter and their aggregate total dollar amount.
(10) For any first-tier subcontract funded in whole or in part under the Recovery Act, that is
valued at $25,000 or more and not subject to reporting under paragraph 9, the Contractor shall
require the subcontractor to provide the information described in paragraphs (d)(10)(i), (ix), (x),
(xi), and (xii) of this section to the Contractor for the purposes of the quarterly report. The
Contractor shall advise the subcontractor that the information will be made available to the public
as required by section 1512 of the Recovery Act. The Contractor shall provide detailed
information on these first-tier subcontracts as follows:
(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for
the subcontractor’s parent company, if the subcontractor has a parent company.
(ii) Name of the subcontractor.
(iii) Amount of the subcontract award.
(iv) Date of the subcontract award.
(v) The applicable North American Industry Classification System (NAICS) code.
(vi) Funding agency.
(vii) A description of the products or services (including construction) being provided
under the subcontract, including the overall purpose and expected outcomes or results of
the subcontract.
(viii) Subcontract number (the contract number assigned by the prime contractor).
(ix) Subcontractor’s physical address including street address, city, state, and country.
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Also include the nine-digit zip code and congressional district if applicable.
(x) Subcontract primary performance location including street address, city, state, and
country. Also include the nine-digit zip code and congressional district if applicable.
(xi) Names and total compensation of each of the subcontractor’s five most highly
compensated officers, for the calendar year in which the subcontract is awarded if —
(A) In the subcontractor’s preceding fiscal year, the subcontractor received —
(1) 80 percent or more of its annual gross revenues in Federal contracts
(and subcontracts), loans, grants (and subgrants), and cooperative
agreements; and
(2) $25,000,000 or more in annual gross revenues from Federal contracts
(and subcontracts), loans, grants (and subgrants), and cooperative
agreements; and
(B) The public does not have access to information about the compensation of the
senior 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 1986.
(xii) A narrative description of the employment impact of work funded by the Recovery
Act. This narrative should be cumulative for each calendar quarter and address the impact
on the subcontractor’s workforce. At a minimum, the subcontractor shall provide —
(A) A brief description of the types of jobs created and jobs retained in the United
States and outlying areas (see definition in FAR 2.101). This description may rely
on job titles, broader labor categories, or the subcontractor’s existing practice for
describing jobs as long as the terms used are widely understood and describe the
general nature of the work; and
(B) An estimate of the number of jobs created and jobs retained by the
subcontractor in the United States and outlying areas. A job cannot be reported as
both created and retained. See an example of how to calculate the number of jobs
at http://www.whitehouse.gov/omb/recovery_faqs_contractors.
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON
POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)
(a)Definitions. As used in this clause—
Postconsumer fiber means—
(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so
forth, after they have passed through their end-usage as a consumer item, including: used
corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used
cordage; or
(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid
waste; but not
(3) Fiber derived from printers’ over-runs, converters’ scrap, and over-issue publications.
(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are
printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever
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practicable, when not using electronic commerce methods to submit information or data to the
Government.
52.204-9 PERSONAL IDENTITY VERIFICATION OF
CONTRACTOR PERSONNEL (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the
contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of
Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards
Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the
Contractor employees in connection with performance under this contract. The Contractor shall return
such identification to the issuing agency at the earliest of any of the following, unless otherwise
determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee’s employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply
with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all
subcontracts when the subcontractor‘s employees are required to have routine physical access to a
Federally controlled facility and/or routine access to a Federally-controlled information system. It shall
be the responsibility of the prime Contractor to return such identification to the issuing agency in
accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in
writing by the Contracting Officer.
52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995)
(a) The Government may purchase the equipment provided on a lease or rental basis under this contract.
The Contracting Officer may exercise this option only by providing a unilateral modification to the
Contractor. The effective date of the purchase will be specified in the unilateral modification and may
be any time during the period of the contract, including any extensions thereto.
(b) Except for final payment and transfer of title to the Government, the lease or rental portion of the
contract becomes complete and lease or rental charges shall be discontinued on the day immediately
preceding the effective date of purchase specified in the unilateral modification required in paragraph
(a) of this clause.
(c) The purchase conversion cost of the equipment shall be computed as of the effective date specified
in the unilateral modification required in paragraph (a) of this clause, on the basis of the purchase price
set forth in the contract, minus the total purchase option credits accumulated during the period of lease
or rental, calculated by the formula contained elsewhere in this contract.
(d) The accumulated purchase option credits available to determine the purchase conversion cost will
also include any credits accrued during a period of lease or rental of the equipment under any previous
Government contract if the equipment has been on continuous lease or rental. The movement of
equipment from one site to another site shall be “continuous rental.”
52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)
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(a) Definition: "Qualification requirement," as used in this clause, means a Government requirement for
testing or other quality assurance demonstration that must be completed before award.
(b) One or more qualification requirements apply to the supplies or services covered by this contract.
For those supplies or services requiring qualification, whether the covered product or service is an end
item under this contract or simply a component of an end item, the product, manufacturer, or source
must have demonstrated that it meets the standards prescribed for qualification before award of this
contract. The product, manufacturer, or source must be qualified at the time of award whether or not the
name of the product, manufacturer, or source is actually included on a qualified products list, qualified
manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated
below to obtain all requirements that they or their products or services, or their subcontractors or their
products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate
their abilities to meet the standards specified for qualification.
(Name) *______*
(Address) *______*
(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has
already met the standards specified, the relevant information noted below should be provided.
Offeror's Name ______________________________________________
Manufacturer's Name _________________________________________
Source's Name ______________________________________________
Item Name _________________________________________________
Service Identification _________________________________________
Test Number ___________________________ (to the extent known)
(d) Even though a product or service subject to a qualification requirement is not itself an end item
under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of
award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately
provide the product or service in question. If, after award, the Contracting Officer discovers that an
applicable qualification requirement was not in fact met at the time of award, the Contracting Officer
may either terminate this contract for default or allow performance to continue if adequate
consideration is offered and the action is determined to be otherwise in the Government's best interests.
(e) If an offeror, manufacturer, source, product or service has met the qualification requirement but is
not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror
must submit evidence of qualification prior to award of this contract. Unless determined to be in the
Government's interest, award of this contract shall not be delayed to permit an offeror to submit
evidence of qualification.
(f) Any change in location or ownership of the plant where a previously qualified product or service
was manufactured or performed requires reevaluation of the qualification. Similarly, any change in
location or ownership of a previously qualified manufacturer or source requires reevaluation of the
qualification. The reevaluation must be accomplished before the date of award.
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED
DOMESTIC CORPORATIONS (MAY 2012)
(a)Definitions. As used in this clause –
Inverted domestic corporation means a foreign incorporated entity which is treated as an inverted
domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the
United States, or used to be a partnership in the United States, but now is incorporated in a foreign
country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the
criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.
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395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted
domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
Subsidiary means an entity in which more than 50 percent of the entity is owned –
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an
inverted domestic corporation at any time during the period of performance of this contract, the
Government may be prohibited from paying for Contractor activities performed after the date when it
becomes an inverted domestic corporation or subsidiary. The Government may seek any available
remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the
contract as a result of Government action under this clause.
(c) Exceptions to this prohibition are located at 9.108-2.
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)
(a)Definition. “Commercially available off-the-shelf (COTS)” item, as used in this clause —
(1) Means any item of supply (including construction material) that is —
(i) A commercial item (as defined in paragraph (1) of the definition in FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without
modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C.
App. 1702), such as agricultural products and petroleum products.
(b) The Government suspends or debars Contractors to protect the Government’s interests. Other than a
subcontract for a commercially available off-the-shelf item, the Contractor shall not enter into any
subcontract, in excess of $30,000 with a Contractor that is debarred, suspended, or proposed for
debarment by any executive agency unless there is a compelling reason to do so.
(c) The Contractor shall require each proposed subcontractor whose subcontract will exceed $30,000,
other than a subcontractor providing a commercially available off-the-shelf item, to disclose to the
Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its
principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government.
(d) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing,
before entering into a subcontract with a party (other than a subcontractor providing a commercially
available off-the-shelf item) that is debarred, suspended, or proposed for debarment (see FAR 9.404 for
information on the Excluded Parties List System). The notice must include the following:
(e)Subcontracts.Unless this is a contract for the acquisition of commercial items, the Contractor shall
include the requirements of this clause, including this paragraph (e) (appropriately modified for the
identification of the parties), in each subcontract that —
(1) Exceeds $30,000 in value; and
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(2) Is not a subcontract for commercially available off-the-shelf items.
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION
REGARDING RESPONSIBILITY MATTERS (FEB 2012)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity
Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the
required information in the Central Contractor Registration database via https://www.acquisition.gov.
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111–212), all
information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be
publicly available. FAPIIS consists of two segments —
(1) The non-public segment, into which Government officials and the Contractor post
information, which can only be viewed by —
(i) Government personnel and authorized users performing business on behalf of the
Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is
automatically transferred after a waiting period of 14 calendar days, except for —
(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the
Government official who posted it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the
Contractor’s record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who
posted the information, that some of the information posted to the nonpublic segment of FAPIIS
is covered by a disclosure exemption under the Freedom of Information Act, the Government
official who posted the information must within 7 calendar days remove the posting from FAPIIS
and resolve the issue in accordance with agency Freedom of Information procedures, prior to
reposting the releasable information. The contractor must cite 52.209–9 and request removal
within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has
been posted by the Government. The comments will be retained as long as the associated
information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part
of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111–212, all information posted in FAPIIS on or after
April 15, 2011, except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under
Freedom of Information Act procedures, including, where appropriate, procedures promulgated under
E.O. 12600.
52.211-16 VARIATION IN QUANTITY (APR 1984)
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(a) A variation in the quantity of any item called for by this contract will not be accepted unless the
variation has been caused by conditions of loading, shipping, or packing, or allowances in
manufacturing processes, and then only to the extent, if any, specified in paragraph (b) below.
(b) The permissible variation shall be limited to:
0 percent increase
0 percent decrease
This increase or decrease shall apply to 0.
52.212-4 CONTRACT TERMS AND
CONDITIONS—COMMERCIAL ITEMS (FEB 2012) (DEVIATION
FEB 2007)
(a)Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to
the requirements of this contract. The ordering activity reserves the right to inspect or test any supplies
or services that have been tendered for acceptance. The ordering activity may require repair or
replacement of nonconforming supplies or reperformance of nonconforming services at no increase in
contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the
ordering activity may seek an equitable price reduction or adequate consideration for acceptance of
nonconforming supplies or services. The ordering activity must exercise its postacceptance rights
(1) within a reasonable time after the defect was discovered or should have been discovered; and
(2) before any substantial change occurs in the condition of the item, unless the change is due to the
defect in the item.
(b)Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result
of performance of this contract to a bank, trust company, or other financing institution, including any
Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However,
when a third party makes payment (e.g., use of the credit card), the Contractor may not assign its rights
to receive payment under this contract.
(c)Changes. Changes in the terms and conditions of this contract may be made only by written
agreement of the parties.
(d)Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C.
601-613). Failure of the parties to this contract to reach agreement on any request for equitable
adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be
resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by
reference. The Contractor shall proceed diligently with performance of this contract, pending final
resolution of any dispute arising under the contract.
(e)Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f)Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an
occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as,
acts of God or the public enemy, acts of the ordering activity in either its sovereign or contractual
capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays
of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is
reasonably possible after the commencement of any excusable delay, setting forth the full particulars in
connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly
give written notice to the Contracting Officer of the cessation of such occurrence.
(g)Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if
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authorized) to the address designated in the contract to receive invoices. An invoice must
include—
(i) Nam e and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items
delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight
of shipment if shipped on an ordering activity bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the
invoice only if required elsewhere in this contract.
(x) 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,
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 ordering activity waived the
requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and
Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h)Patent indemnity. The Contractor shall indemnify the ordering activity and its officers, employees
and agents against liability, including costs, for actual or alleged direct or contributory infringement of,
or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the
performance of this contract, provided the Contractor is reasonably notified of such claims and
proceedings.
(i)Payment.
(1) Items accepted. Payment shall be made for items accepted by the ordering activity that have
been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The ordering activity will make payment in accordance with the Prompt
Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
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(3) Electronic Funds Transfer (EFT). If the ordering activity makes payment by EFT, see
52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed
from the date of the invoice. For the purpose of computing the discount earned, payment shall be
considered to have been made on the date which appears on the payment check or the specified
payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice
payment or that the ordering activity has otherwise overpaid on a contract financing or invoice
payment, the Contractor shall immediately notify the Contracting Officer and request instructions
for disposition of the overpayment.
(j)Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the
supplies provided under this contract shall remain with the Contractor until, and shall pass to the
ordering activity upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the ordering activity at the destination specified in the contract, if
transportation is f.o.b. destination.
(k)Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l)Termination for the Ordering Activity’s convenience. The ordering activity reserves the right to
terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the
Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its
suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be
paid a percentage of the contract price reflecting the percentage of the work performed prior to the
notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the
ordering activity using its standard record keeping system, have resulted from the termination. The
Contractor shall not be required to comply with the cost accounting standards or contract cost principles
for this purpose. This paragraph does not give the ordering activity any right to audit the Contractor's
records. The Contractor shall not be paid for any work performed or costs incurred which reasonably
could have been avoided.
(m)Termination for cause. The ordering activity may terminate this contract, or any part hereof, for
cause in the event of any default by the Contractor, or if the Contractor fails to comply with any
contract terms and conditions, or fails to provide the ordering activity, upon request, with adequate
assurances of future performance. In the event of termination for cause, the ordering activity shall not
be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall
be liable to the ordering activity for any and all rights and remedies provided by law. If it is determined
that the ordering activity improperly terminated this contract for default, such termination shall be
deemed a termination for convenience.
(n)Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall
pass to the ordering activity upon acceptance, regardless of when or where the ordering activity takes
physical possession.
(o)Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable
and fit for use for the particular purpose described in this contract.
(p)Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not
be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in
accepted items.
(q)Other compliances. The Contractor shall comply with all applicable Federal, State and local laws,
executive orders, rules and regulations applicable to its performance under this contract.
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(r)Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31
U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal
contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work
Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10
U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423
relating to procurement integrity.
(s)Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving
precedence in the following order: (1) the schedule of supplies/services; (2) the Assignments, Disputes,
Payments, Invoice, Other Compliances, and Compliance with Laws Unique to ordering activity
Contracts paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or
contract, including any license agreements for computer software; (5) solicitation provisions if this is a
solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents,
exhibits, and attachments; and (9) the specification.
(t)Central Contractor Registration (CCR).
(1) Unless exempted by an addendum to this contract, the Contractor is responsible during
performance and through final payment of any contract for the accuracy and completeness of the
data within the CCR database, and for any liability resulting from the ordering activity’s reliance
on inaccurate or incomplete data. To remain registered in the CCR database after the initial
registration, the Contractor is required to review and update on an annual basis from the date of
initial registration or subsequent updates its information in the CCR database to ensure it is
current, accurate and complete. Updating information in the CCR does not alter the terms and
conditions of this contract and is not a substitute for a properly executed contractual document.
(2) (i) If a Contractor has legally changed its business name, “doing business as” name, or
division name (whichever is shown on the contract), or has transferred the assets used in
performing the contract, but has not completed the necessary requirements regarding
novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall
provide the responsible Contracting Officer a minimum of one business day’s written
notification of its intention to (A) change the name in the CCR database; (B) comply with
the requirements of Subpart 42.12; and (C) agree in writing to the timeline and
procedures specified by the responsible Contracting Officer. The Contractor must provide
with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this
clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in
the absence of a properly executed novation or change-of-name agreement, the CCR
information that shows the Contractor to be other than the Contractor indicated in the
contract will be considered to be incorrect information within the meaning of the
“Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this
contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments,
as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims
(see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR
database. Information provided to the Contractor’s CCR record that indicates payments, including
those made by EFT, to an ultimate recipient other than that Contractor will be considered to be
incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT
clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation
requirements via CCR accessed through https://www.acquisition.gov or by calling
1-888-227-2423 or 269-961-5757.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
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IMPLEMENT STATUTES OR EXECUTIVE ORDERS –
COMMERCIAL ITEMS (JAN 2013) (ALTERNATE II – JUL 2012)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,
which are incorporated in this contract by reference, to implement provisions of law or Executive
orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
[ X ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer
has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial items:
Number Title Clause/Provision
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT
(APR 2010)
Clause
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT (SEP 2006) (ALTERNATE I -- OCT 1995)
Clause
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER
SUBCONTRACT AWARDS (AUG 2012)
Clause
52.209-6 PROTECTING THE GOVERNMENTS INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT (DEC 2010)
Clause
52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011) Clause
52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011) Clause
52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999) Clause
52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED SMALL
BUSINESS SET-ASIDE (NOV 2011)
Clause
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION (APR 2012)
Clause
52.219-29 NOTICE OF SET-ASIDE FOR ECONOMICALLY
DISADVANTAGED WOMEN-OWNED SMALL BUSINESS
CONCERNS (APR 2012)
Clause
52.219-3 NOTICE OF TOTAL HUBZONE SET-ASIDE OR SOLE SOURCE
AWARD (NOV 2011)
Clause
52.219-30 NOTICE OF SET-ASIDE FOR WOMEN-OWNED SMALL
BUSINESS CONCERNS ELIGIBLE UNDER THE
WOMEN-OWNED SMALL BUSINESS PROGRAM (APR 2012)
Clause
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) Clause
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011) Clause
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011)
(ALTERNATE II -- OCT 2001)
Clause
52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND
REMEDIES (APR 2012)
Clause
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52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) Clause
52.222-26 EQUAL OPPORTUNITY (MAR 2007) Clause
52.222-3 CONVICT LABOR (JUN 2003) Clause
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010) Clause
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES
(OCT 2010)
Clause
52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010) Clause
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE
NATIONAL LABOR RELATIONS ACT (DEC 2010)
Clause
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JUL 2012) Clause
52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS
(DEC 2007)
Clause
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT
MESSAGING WHILE DRIVING (AUG 2011)
Clause
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN
2008)
Clause
52.225-5 TRADE AGREEMENTS (NOV 2012) Clause
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER -- CENTRAL
CONTRACTOR REGISTRATION (OCT 2003)
Clause
52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996) Clause
52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.--FLAG
COMMERCIAL VESSELS (FEB 2006) (ALTERNATE I -- APR
2003)
Clause
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial
services, that the Contracting Officer has indicated as being incorporated in this contract by reference to
implement provisions of law or Executive orders applicable to acquisitions of commercial items:
Number Title Clause/Provision
52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007) Clause
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES
(MAY 1989)
Clause
52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT
-- PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION
CONTRACTS) (SEP 2009)
Clause
(d)Comptroller General Examination of Record. The Contractor shall comply with the provisions of
this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, an appropriate Inspector General appointed
under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized
representative of either of the foregoing officials shall have access to and right to--
(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and
involve transactions relating to, this contract; and
(ii) Interview any officer or employee regarding such transactions.
(2) The Contractor shall make available at its offices at all reasonable times the records,
materials, and other evidence for examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor
Records Retention, of the other clauses of this contract. If this contract is completely or partially
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terminated, the records relating to the work terminated shall be made available for 3 years after
any resulting final termination settlement. Records relating to appeals under the disputes clause or
to litigation or the settlement of claims arising under or relating to this contract shall be made
available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and
practices, and other data, regardless of type and regardless of form. This does not require the
Contractor to create or maintain any record that the Contractor does not maintain in the ordinary
course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause,
the Contractor is not required to flow down any FAR clause in a subcontract for commercial
items, other than--
(i)Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except
the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and
(ii)Those clauses listed in this paragraph (e)(1).Unless otherwise indicated below, the
extent of the flow down shall be as required by the clause –
(A)52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)
(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C.251 note)).
(B)52.203-15, Whistleblower Protections Under the American Recovery and
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).
(C)52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C.
637(d)(2)and (3)), in all subcontracts that offer further subcontracting
opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $650,000 ($1.5 million for construction of any public facility), the
subcontractor must include 52.219-8 in lower tier subcontracts that offer
subcontracting opportunities.
(D)52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(E)52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C.4212).
(F)52.222–36, Affirmative Action for Workers with Disabilities (Oct 2010) (29
U.S.C.793).
(G) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with
paragraph (f) of FAR clause 52.222–40.
(H)52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C.351, et seq.).
(I)52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C.7104(g)).
(J)52.222–51, Exemption from Application of the Service Contract Act to
Contracts for Maintenance, Calibration, or Repair of Certain
Equipment-Requirements (Nov 2007) (41 U.S.C.351, et seq.).
(K)52.222-53, Exemption from Application of the Service Contract Act to
Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C.351, et seq.).
(L)52.222-54, Employment Eligibility Verification (Jul 2012).
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(M)52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
(Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph
(e) of FAR clause 52.226-6.
(N)52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(Feb 2006) (46 U.S.C.Appx.1241(b) and 10 U.S.C.2631). Flow down required
in accordance with paragraph (d) of FAR clause 52.247–64.
(2) While not required, the contractor may include in its subcontracts for commercial items a
minimal number of additional clauses necessary to satisfy its contractual obligations.
[Note to Offerors: If choosing not to accept orders funded in whole or in part by the American
Recovery and Reinvestment Act (ARRA), this clause will be replaced with the base clause, meaning
that Alternate II is not applicable.]
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING
DATA AND DATA OTHER THAN CERTIFIED COST OR PRICING
DATA — MODIFICATIONS (OCT 2010) (ALTERNATE IV —
OCT 2010)
(a) Submission of certified cost or pricing data is not required.
(b) Provide data described below:[Insert description of the data and the format that are required,
including the access to records necessary to permit an adequate evaluation of the proposed price in
accordance with 15.403–3.]
(1) Information required by the clause at 552.243-72, Modifications (Multiple Award Schedule);
(2) Any additional supporting information requested by the Contracting Officer. The Contracting
Officer may require additional supporting information, but only to the extent necessary to determine
whether the price(s) offered is fair and reasonable.
(3) By submitting a request for modification, the Contractor grants the Contracting Officer or an
authorized representative the right to examine, at any time before agreeing to a modification, books,
records, documents, papers, and other directly pertinent records to verify the pricing, sales and other
data related to the supplies or services proposed in order to determine the reasonableness of price(s).
Access does not extend to Contractor's cost or profit information or other data relevant solely to the
Contractor's determination of the prices to be offered in the catalog or marketplace.
52.216-18 ORDERING (OCT 1995) (DEVIATION II -- FEB 2007)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of
delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders
may be issued from Date of Award through Contract expiration date.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the
event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the ordering activity deposits
the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods
only if authorized in the Schedule.
52.216-19 ORDER LIMITATIONS (OCT 1995) (DEVIATION II —
FEB 2007)16.506(b)
(a) Minimum order. When the ordering activity requires supplies or services covered by this contract in
an amount of less than $100, the ordering activity is not obligated to purchase, nor is the Contractor
obligated to furnish, those supplies or services under the contract.
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(b) Maximum order. The Contractor is not obligated to honor—
(1) Any order for a single item in excess of SIN 253-52 $50,000
SINs 206-4, 361-01, 563-6, 563-23 $75,000
SINs 253-24, 253-40, 253-46,253-99, 383-5,383-9,412-3 $100,000
SINs 206-12, 253-2, 253-48A, 253-48C, 253-90, 253-91, 361-10A, 361-30 $150,000
SINs 253-19, 253-20, 253-39, 253-49, 253-50, 361-10B, 361-10H, 412-51, 412-52, 563-15,
563-16, 563-25, 563-27, 563-28, 563-29, 563-30, 563-98, 563-99 $200,000
SINs 361-10G, 361-99A, 629-01A, 357-97, 253-97, 361-97, 361-97A, 563-97 and
412-97 $250,000
SINs 206-3, 361-05, 361-10D, 361-50, 361-20A, 361-27, 361-28, 361-99, 383-10, 641-1, 641-2,
641-6 $300,000
SIN 361-32 $350,000
SIN 383-2 $400,000
SINs 361-10E, 361-24, 412-99 $500,000
SIN 253-51 $750,000;
(2) Any order for a combination of items in excess of SIN 253-52 $50,000
SINs 206-4, 361-01, 563-6, 563-23 $75,000
SINs 253-24, 253-40, 253-46,253-99, 383-5,383-9,412-3 $100,000
SINs 206-12, 253-2, 253-48A, 253-48C, 253-90, 253-91, 361-10A, 361-30 $150,000
SINs 253-19, 253-20, 253-39, 253-49, 253-50, 361-10B, 361-10H, 412-51, 412-52, 563-15,
563-16, 563-25, 563-27, 563-28, 563-29, 563-30, 563-98, 563-99 $200,000
SINs 361-10G, 361-99A, 629-01A, 357-97, 253-97, 361-97, 361-97A, 563-97 and
412-97 $250,000
SINs 206-3, 361-05, 361-10D, 361-50, 361-20A, 361-27, 361-28, 361-99, 383-10, 641-1, 641-2,
641-6 $300,000
SIN 361-32 $350,000
SIN 383-2 $400,000
SINs 361-10E, 361-24, 412-99 $500,000
SIN 253-51 $750,000; or
(3) A series of orders from the same ordering office within 5 days that together call for quantities
exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of
the Federal Acquisition Regulation (FAR)), the ordering activity is not required to order a part of any
one requirement from the Contractor if that requirement exceeds the maximum-order limitations in
paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order
exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to
the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to
ship the item (or items) called for and the reasons. Upon receiving this notice, the ordering activity may
acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY (DEVIATION I—JAN 1994)
16.506(e) FSS A/L FC-94-2
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the
period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are
estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the
Ordering clause. The contractor shall furnish to the Government, when and if ordered, the supplies or
services specified in the Schedule. The Government shall order at least the quantity of supplies or
services designated in the Schedule as the "minimum."
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(c) Except for any limitations on quantities in the Guaranteed Minimum clause and the Delivery Order
Limitations clause, there is no limit on the number of orders that may be issued. The Government may
issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period
shall be completed by the Contractor within the time specified in the order. The contract shall govern
the Contractor's and Government's rights and obligations with respect to that order to the same extent as
if the order were completed during the contract's effective period.
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates
specified in the contract. These 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 each (per) task or delivery order..
52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)
The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business
concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its
restrictions, will apply only to the specific orders that have been set aside for any of the small business
concerns identified in 19.000(a)(3).
52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)
(a) This clause does not apply to the unrestricted portion of a partial set-aside.
(b)Applicability. This clause applies only to —
(1) Contracts that have been set aside or reserved for small business concerns or 8(a) concerns;
(2) Part or parts of a multiple-award contract that have been set aside for small business concerns
or 8(a) concerns; and
(3) Orders set aside for small business or 8(a) concerns under multiple-award contracts as
described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in
performance of the contract in the case of a contract for—
(1)Services (except construction). At least 50 percent of the cost of contract performance
incurred for personnel shall be expended for employees of the concern.
(2)Supplies (other than procurement from a nonmanufacturer of such supplies). The concern
shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including
the cost of materials.
(3)General construction. The concern will, perform at least 15 percent of the cost of the contract,
not including the cost of materials, with its own employees.
(4)Construction by special trade contractors. The concern will perform at least 25 percent of the
cost of the contract, not including the cost of materials, with its own employees.
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52.219-16 LIQUIDATED DAMAGES—SUBCONTRACTING PLAN
(JAN 1999)
(a) “Failure to make a good faith effort to comply with the subcontracting plan”, as used in this clause,
means a willful or intentional failure to perform in accordance with the requirements of the
subcontracting plan approved under the clause in this contract entitled “Small Business Subcontracting
Plan,” or willful or intentional action to frustrate the plan.
(b) Performance shall be measured by applying the percentage goals to the total actual subcontracting
dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars
attributable to Government contracts covered by the commercial plan. If, at contract completion or, in
the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the
Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance
with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its
subcontracting plan, established in accordance with the clause in this contract entitled “Small Business
Subcontracting Plan,” the Contractor shall pay the Government liquidated damages in an amount stated.
The amount of probable damages attributable to the Contractor's failure to comply shall be an amount
equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal.
(c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such
good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure
and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the
matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists.
If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to
make a good faith effort to comply with the subcontracting plan, the Contracting Officer shall issue a
final decision to that effect and require that the Contractor pay the Government liquidated damages as
provided in paragraph (b) of this clause.
(d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the
functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered
by the commercial plan.
(e) The Contractor shall have the right of appeal, under the clause in this contract entitled Disputes,
from any final decision of the Contracting Officer.
(f) Liquidated damages shall be in addition to any other remedies that the Government may have.
52.219-27 NOTICE OF SERVICE-DISABLED VETERAN-OWNED
SMALL BUSINESS SET-ASIDE (NOV 2011)
(a)Definition. “Service-disabled veteran-owned small business concern”—
(1) Means a small business concern —
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans
or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or
more service-disabled veterans or, in the case of a service-disabled veteran with
permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service-connected, as defined in 38 U.S.C. 101(16).
(b)Applicability.This clause applies only to —
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(1) Contracts that have been set aside or reserved for service-disabled veteran-owned small
business concerns;
(2) Part or parts of a multiple-award contract that have been set aside for service-disabled
veteran-owned small business concerns; and
(3) Orders set aside for service-disabled veteran-owned small business concerns under
multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers
received from concerns that are not service-disabled veteran-owned small business concerns shall
not be considered.
(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned
small business concern.
(d)Agreement. A service-disabled veteran-owned small business concern agrees that in the
performance of the contract, in the case of a contract for —
(1) Services (except construction), at least 50 percent of the cost of personnel for contract
performance will be spent for employees of the concern or employees of other service-disabled
veteran-owned small business concerns;
(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent
of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or
other service-disabled veteran-owned small business concerns;
(3) General construction, at least 15 percent of the cost of the contract performance incurred for
personnel will be spent on the concern’s employees or the employees of other service-disabled
veteran-owned small business concerns; or
(4) Construction by special trade contractors, at least 25 percent of the cost of the contract
performance incurred for personnel will be spent on the concern’s employees or the employees of
other service-disabled veteran-owned small business concerns.
(e) A joint venture may be considered a service-disabled veteran owned small business concern if —
(1) At least one member of the joint venture is a service-disabled veteran-owned small business
concern, and makes the following representations: That it is a service-disabled veteran-owned
small business concern, and that it is a small business concern under the North American Industry
Classification Systems (NAICS) code assigned to the procurement;
(2) Each other concern is small under the size standard corresponding to the NAICS code
assigned to the procurement; and
(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in
19.101 of the Federal Acquisition Regulation.
(4) The joint venture meets the requirements of 13 CFR 125.15(b)
(f) Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet the
requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.
52.219-28 POST–AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION (APR 2012)
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(a)Definitions. As used in this clause –
Long-term contract means a contract of more than five years in duration, including options. However,
the term does not include contracts that exceed five years in duration because the period of performance
has been extended for a cumulative period not to exceed six months under the clause at 52.217-8,
Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and
operated, not dominant in the field of operation in which it is bidding on Government contracts, and
qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c)
of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a
controlling or major influence on a national basis in a kind of business activity in which a number of
business concerns are primarily engaged. In determining whether dominance exists, consideration shall
be given to all appropriate factors, including volume of business, number of employees, financial
resources, competitive status or position, ownership or control of materials, processes, patents, license
agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the
Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable,
paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification
of the contract to include this clause, if the novation agreement was executed prior to inclusion of
this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days
after modification of the contract to include this clause, if the merger or acquisition occurred prior
to inclusion of this clause in the contract.
(3) For long-term contracts –
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any
option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the
time of this rerepresentation that corresponds to the North American Industry Classification System
(NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS
code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture
itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation
required by paragraph (b) of this clause by validating or updating all its representations in the Online
Representations and Certifications Application and its data in the Central Contractor Registration, as
necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the
contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data
have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this
contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of
this clause.
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a
representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to
complete the following rerepresentation and submit it to the contracting office, along with the contract
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number and the date on which the rerepresentation was completed:
The Contractor represents that it ______ is, ______ is not a small business concern under NAICS Code
______ assigned to contract number ______. [Contractor to sign and date and insert authorized
signer's name and title].
________________________________________________ ________________
Contractor Signature / Date
_________________________________ ______________________________
Authorized Signer’s Name / Title
52.219-29 NOTICE OF SET-ASIDE FOR ECONOMICALLY
DISADVANTAGED WOMEN-OWNED SMALL BUSINESS
CONCERNS (APR 2012)
(a)Definitions. “Economically disadvantaged women-owned small business (EDWOSB) concern”
means —
A small business concern that is at least 51 percent directly and unconditionally owned by, and the
management and daily business operations of which are controlled by, one or more women who are
citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part
127. It automatically qualifies as a women-owned small business (WOSB) concern eligible under the
WOSB Program.
“WOSB Program Repository” means a secure, Web-based application that collects, stores, and
disseminates documents to the contracting community and SBA, which verify the eligibility of a
business concern for a contract to be awarded under the WOSB Program.
(b)Applicability.This clause applies only to —
(1) Contracts that have been set aside or reserved for EDWOSB concerns;
(2) Part or parts of a multiple-award contract that have been set aside for EDWOSB concerns; and
(3) Orders set aside for EDWOSB concerns under multiple-award contracts as described in
8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from EDWOSB concerns. Offers received from concerns that are not
EDWOSB concerns will not be considered.
(2) Any award resulting from this solicitation will be made to an EDWOSB concern.
(3) The contracting officer will ensure that the apparent successful offeror has provided all
required documents to the WOSB Program Repository. The contract will not be awarded until all
required documents are received.
(d)Agreement. An EDWOSB concern agrees that in the performance of the contract for —
(1) Services (except construction), the concern will perform at least 50 percent of the cost of the
contract incurred for personnel with its own employees;
(2) Supplies or products (other than procurement from a non-manufacturer in such supplies or
products), the concern will perform at least 50 percent of the cost of manufacturing the supplies
or products (not including the costs of materials);
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(3) General construction, the concern will perform at least 15 percent of the cost of the contract
with its own employees (not including the costs of materials); and
(4) Construction by special trade contractors, the concern will perform at least 25 percent of the
cost of the contract with its own employees (not including the cost of materials).
(e)Joint Venture.A joint venture may be considered an EDWOSB concern if —
(1) It meets the applicable size standard corresponding to the NAICS code assigned to the
contract, unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3);
(2) The EDWOSB participant of the joint venture is designated in the Central Contractor
Registration (CCR) database and the Online Representations and Certifications Application
(ORCA) as an EDWOSB concern;
(3) The parties to the joint venture have entered into a written joint venture agreement that
contains provisions —
(i) Setting forth the purpose of the joint venture;
(ii) Designating an EDWOSB concern as the managing venturer of the joint venture, and
an employee of the managing venturer as the project manager responsible for the
performance of the contract;
(iii) Stating that not less than 51 percent of the net profits earned by the joint venture will
be distributed to the EDWOSB;
(iv) Specifying the responsibilities of the parties with regard to contract performance,
sources of labor, and negotiation of the EDWOSB contract; and
(v) Requiring the final original records be retained by the managing venturer upon
completion of the EDWOSB contract performed by the joint venture.
(4) The joint venture performs the applicable percentage of work required in accordance with
paragraph (d) above; and
(5) The procuring activity executes the contract in the name of the EDWOSB or joint venture.
(f)Nonmanufacturer. An EDWOSB concern that is a non-manufacturer, as defined in 13 CFR
121.406(b) or FAR 19.102(f), may submit an offer on an EDWOSB requirement with a NAICS code
for supplies, if it meets the requirements under the non-manufacturer rule set forth in those regulations.
52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE SOURCE
AWARD (NOV 2011)
(a)Definitions.See 13 CFR 125.6(e) for definitions of terms used in paragraph (c).
(b)Applicability.This clause applies only to —
(1) Contracts that have been set aside or reserved for, or awarded on a sole source basis to,
HUBZone small business concerns;
(2) Part or parts of a multiple-award contract that have been set aside for HUBZone small
business concerns; and
(3) Orders set-aside for HUBZone small business concerns under multiple-award contracts as
described in 8.405-5 and 16.505(b)(2)(i)(F).
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(c) General.
(1) Offers are solicited only from HUBZone small business concerns. Offers received from
concerns that are not HUBZone small business concerns will not be considered.
(2) Any award resulting from this solicitation will be made to a HUBZone small business
concern.
(d)Agreement. A HUBZone small business concern agrees that in the performance of the contract, in
the case of a contract for —
(1) Services (except construction), at least 50 percent of the cost of personnel for contract
performance will be spent for employees of the concern or employees of other HUBZone small
business concerns;
(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent
of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or
other HUBZone small business concerns;
(3) General construction.
(i) At least 15 percent of the cost of contract performance to be incurred for personnel
will be spent on the HUBZone prime contractor’s employees;
(ii) At least 50 percent of the cost of the contract performance to be incurred for
personnel will be spent on the HUBZone prime contractor’s employees or on a
combination of the HUBZone prime contractor’s employees and employees of HUBZone
small business concern subcontractors; and
(iii) No more than 50 percent of the cost of contract performance to be incurred for
personnel will be subcontracted to concerns that are not HUBZone small business
concerns; or
(4) Construction by special trade contractors.
(i) At least 25 percent of the cost of contract performance to be incurred for personnel
will be spent on the HUBZone prime contractor’s employees;
(ii) At least 50 percent of the cost of the contract performance to be incurred for
personnel will be spent on the HUBZone prime contractor’s employees or on a
combination of the HUBZone prime contractor’s employees and employees of HUBZone
small business concern subcontractors;
(iii) No more than 50 percent of the cost of contract performance to be incurred for
personnel will be subcontracted to concerns that are not HUBZone small business
concerns.
(e) A HUBZone joint venture agrees that, in the performance of the contract, the applicable percentage
specified in paragraph (d) of this clause will be performed by the aggregate of the HUBZone small
business participants.
(f) (1) When the total value of the contract exceeds $25,000, a HUBZone small business concern
nonmanufacturer agrees to furnish in performing this contract only end items manufactured or
produced by HUBZone small business concern manufacturers.
(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small
business concern nonmanufacturer may provide end items manufactured by other than a
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HUBZone small business concern manufacturer provided the end items are produced or
manufactured in the United States.
(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or
service contracts.
(g)Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee
must be a HUBZone small business concern at the time of award of this contract. The HUBZone
offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if
material changes occur before contract award that could affect its HUBZone eligibility. If the
apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award
of this contract, the Contracting Officer will proceed to award to the next otherwise successful
HUBZone small business concern or other offeror.
52.219-30 NOTICE OF SET-ASIDE FOR WOMEN-OWNED SMALL
BUSINESS CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM (APR 2012)
(a)Definitions. “Women-owned small business (WOSB) concern eligible under the WOSB Program”
(in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent
directly and unconditionally owned by, and the management and daily business operations of which are
controlled by, one or more women who are citizens of the United States.
“WOSB Program Repository” means a secure, Web-based application that collects, stores, and
disseminates documents to the contracting community and SBA, which verify the eligibility of a
business concern for a contract to be awarded under the WOSB Program.
(b)Applicability.This clause applies only to —
(1) Contracts that have been set aside or reserved for WOSB concerns eligible under the WOSB
Program;
(2) Part or parts of a multiple-award contract that have been set aside for WOSB concerns eligible
under the WOSB Program; and
(3) Orders set aside for WOSB concerns eligible under the WOSB Program, under
multiple-award contracts as described in8.405-5 and 16.505(b)(2)(i)(F).
(c)General.
(1) Offers are solicited only from WOSB concerns eligible under the WOSB Program. Offers
received from concerns that are not WOSB concerns eligible under the WOSB program shall not
be considered.
(2) Any award resulting from this solicitation will be made to a WOSB concern eligible under the
WOSB Program.
(3) The Contracting Officer will ensure that the apparent successful offeror has provided the
required documents to the WOSB Program Repository. The contract shall not be awarded until all
required documents are received.
(d)Agreement.A WOSB concern eligible under the WOSB Program agrees that in the performance of
the contract for —
(1) Services (except construction), the concern will perform at least 50 percent of the cost of the
contract incurred for personnel with its own employees;
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(2) Supplies or products (other than procurement from a non-manufacturer in such supplies or
products), the concern will perform at least 50 percent of the cost of manufacturing the supplies
or products (not including the costs of materials);
(3) General construction, the concern will perform at least 15 percent of the cost of the contract
with its own employees (not including the costs of materials); and
(4) Construction by special trade contractors, the concern will perform at least 25 percent of the
cost of the contract with its own employees (not including cost of materials).
(e)Joint Venture. A joint venture may be considered a WOSB concern eligible under the WOSB
Program if —
(1) It meets the applicable size standard corresponding to the NAICS code assigned to the
contract, unless an exception to affiliation applies pursuant to 13 CFR 121.103(h)(3);
(2) The WOSB participant of the joint venture is designated in the Central Contractor
Registration (CCR) database and the Online Representations and Certifications Application
(ORCA) as a WOSB concern eligible under the WOSB Program;
(3) The parties to the joint venture have entered into a written joint venture agreement that
contains provisions —
(i) Setting forth the purpose of the joint venture;
(ii) Designating a WOSB concern eligible under the WOSB Program as the managing
venturer of the joint venture, and an employee of the managing venturer as the project
manager responsible for the performance of the contract;
(iii) Stating that not less than 51 percent of the net profits earned by the joint venture will
be distributed to the WOSB;
(iv) Specifying the responsibilities of the parties with regard to contract performance,
sources of labor, and negotiation of the WOSB contract; and
(v) Requiring the final original records be retained by the managing venturer upon
completion of the WOSB contract performed by the joint venture.
(4) The joint venture must perform the applicable percentage of work required in accordance with
paragraph (d) above; and
(5) The procuring activity executes the contract in the name of the WOSB concern eligible under
the WOSB Program or joint venture.
(f) Nonmanufacturer. A WOSB concern eligible under the WOSB Program that is a non-manufacturer,
as defined in 13 CFR 121.406(b) or FAR 19.102(f), may submit an offer on a WOSB requirement with
a NAICS code for supplies, if it meets the requirements under the non-manufacturer rule set forth in
those regulations.
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV
2011)
(a)Definition.
"Small business concern," as used in this clause, means a concern, including its affiliates, that is
independently owned and operated, not dominant in the field of operation in which it is bidding on
Government contracts, and qualified as a small business under the size standards in this solicitation.
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(b)Applicability.This clause applies only to —
(1) Contracts that have been totally set aside or reserved for small business concerns; and
(2) Orders set aside for small business concerns under multiple-award contracts as described in
8.405-5 and 16.505(b)(2)(i)(F).
(c) General.
(1) Offers are solicited only from small business concerns. Offers received from concerns that are
not small business concerns shall be considered nonresponsive and will be rejected.
(2) Any award resulting from this solicitation will be made to a small business concern.
(d)Agreement.
A small business concern submitting an offer in its own name shall furnish, in performing the contract,
only end items manufactured or produced by small business concerns in the United States or its
outlying areas. If this procurement is processed under simplified acquisition procedures and the total
amount of this contract does not exceed $25,000, a small business concern may furnish the product of
any domestic firm. This paragraph does not apply to construction or service contracts.
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (JAN 2011)
(a) It is the policy of the United States that small business concerns, veteran-owned small business
concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns,
small disadvantaged business concerns, and women-owned small business concerns shall have the
maximum practicable opportunity to participate in performing contracts let by any Federal agency,
including contracts and subcontracts for subsystems, assemblies, components, and related services for
major systems. It is further the policy of the United States that its prime contractors establish
procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts
withsmall business concerns, veteran-owned small business concerns, service-disabled veteran-owned
small business concerns, HUBZone small business concerns, small disadvantaged business concerns,
and women-owned small business concerns.
(b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest
extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any
studies or surveys as may be conducted by the United States Small Business Administration or the
awarding agency of the United States as may be necessary to determine the extent of the Contractor's
compliance with this clause.
(c)Definitions. As used in this contract —
HUBZone small business concern means a small business concern that appears on the List of Qualified
HUBZone Small Business Concerns maintained by the Small Business Administration.
“Service-disabled veteran-owned small business concern” —
(1) Means a small business concern —
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans
or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or
more service-disabled veterans or, in the case of a service-disabled veteran with
permanent and severe disability, the spouse or permanent caregiver of such veteran.
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(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability
that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a small business as defined pursuant to Section 3 of the Small
Business Act and relevant regulations promulgated pursuant thereto.
“Small disadvantaged business concern” means a small business concern that represents, as part of its
offer that —
(1) (i) It has received certification as a small disadvantaged business concern consistent
with 13 CFR part 124, Subpart B;
(ii) No material change in disadvantaged ownership and control has occurred since its
certification;
(iii) Where the concern is owned by one or more individuals, the net worth of each
individual upon whom the certification is based does not exceed $750,000 after taking
into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(iv) It is identified, on the date of its representation, as a certified small disadvantaged
business in the CCR Dynamic Small Business Search database maintained by the Small
Business Administration, or
(2) It represents in writing that it qualifies as a small disadvantaged business (SDB) for any
Federal subcontracting program, and believes in good faith that it is owned and controlled by one
or more socially and economically disadvantaged individuals and meets the SDB eligibility
criteria of 13 CFR 124.1002.
“Veteran-owned small business concern” means a small business concern —
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of
which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more
veterans.
“Women-owned small business concern” means a small business concern —
(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly
owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
(d) (1) Contractors acting in good faith may rely on written representations by their subcontractors
regarding their status as a small business concern, a veteran-owned small business concern, a
service-disabled veteran-owned small business concern, a small disadvantaged business concern,
or a women-owned small business concern.
(2) The Contractor shall confirm that a subcontractor representing itself as a HUBZone small
business concern is certified by SBA as a HUBZone small business concern by accessing the
Central Contractor Registration (CCR) database or by contacting the SBA. Options for contacting
the SBA include —
(i) HUBZone small business database search application Web page at
http://dsbs.sba.gov/dsbs/search/dsp_searchhubzone.cfm; or http://www.sba.gov/hubzone;
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(ii) In writing to the Director/HUB, U.S. Small Business Administration, 409 3rd Street,
SW., Washington DC 20416; or
(iii) The SBA HUBZone Help Desk at hubzone@sba.gov.
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011)
(ALTERNATE II – OCT 2001)
(a) This clause does not apply to small business concerns.
(b)Definitions.As used in this clause —
Alaska Native Corporation (ANC) means any Regional Corporation, Village Corporation, Urban
Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with
the Alaska Native Claims Settlement Act, as amended (43 U.S.C.1601, et seq.) and which is
considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C.
1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint
ventures, and partnerships that meet the requirements of 43 U.S.C.1626(e)(2).
Commercial item means a product or service that satisfies the definition of commercial item in section
2.101 of the Federal Acquisition Regulation.
Commercial plan means a subcontracting plan (including goals) that covers the offeror's fiscal year and
that applies to the entire production of commercial items sold by either the entire company or a portion
thereof (e.g., division, plant, or product line).
Electronic Subcontracting Reporting System (eSRS) means the Governmentwide, electronic, web-based
system for small business subcontracting program reporting. The eSRS is located at
http://www.esrs.gov.
Indian tribe means any Indian tribe, band, group, pueblo, or community, including native villages and
native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the
Alaska Native Claims Settlement Act (43 U.S.C.A.1601 et seq.), that is recognized by the Federal
Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C.
1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of
25 U.S.C.1452(e).
Individual contract plan means a subcontracting plan that covers the entire contract period (including
option periods), applies to a specific contract, and has goals that are based on the offeror's planned
subcontracting in support of the specific contract, except that indirect costs incurred for common or
joint purposes may be allocated on a prorated basis to the contract.
Master plan means a subcontracting plan that contains all the required elements of an individual
contract plan, except goals, and may be incorporated into individual contract plans, provided the master
plan has been approved.
Subcontract means any agreement (other than one involving an employer-employee relationship)
entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services
required for performance of the contract or subcontract.
(c) Proposals submitted in response to this solicitation shall include a subcontracting plan that
separately addresses subcontracting with small business, veteran-owned small business,
service-disabled veteran-owned small business, HUBZone small business, small disadvantaged
business, and women-owned small business concerns. If the offeror is submitting an individual contract
plan, the plan must separately address subcontracting with small business, veteran-owned small
business, service-disabled veteran-owned small business, HUBZone small business, small
disadvantaged business, and women-owned small business concerns, with a separate part for the basic
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contract and separate parts for each option (if any). The plan shall be included in and made a part of the
resultant contract. The subcontracting plan shall be negotiated within the time specified by the
Contracting Officer. Failure to submit and negotiate a subcontracting plan shall make the offeror
ineligible for award of a contract.
(d) The offeror's subcontracting plan shall include the following:
(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of
small business, veteran-owned small business, service-disabled veteran-owned small business,
HUBZone small business, small disadvantaged business, and women-owned small business
concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract
performance, and may include a proportionate share of products and services that are normally
allocated as indirect costs. In accordance with 43 U.S.C.1626:
(2) A statement of —
(i) Total dollars planned to be subcontracted for an individual contract plan; or the
offeror's total projected sales, expressed in dollars, and the total value of projected
subcontracts to support the sales for a commercial plan;
(ii) Total dollars planned to be subcontracted to small business concerns (including ANC
and Indian tribes);
(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;
(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small
business;
(v) Total dollars planned to be subcontracted to HUBZone small business concerns;
(vi) Total dollars planned to be subcontracted to small disadvantaged business
concerns (including ANCs and Indian tribes); and
(vii) Total dollars planned to be subcontracted to women-owned small business concerns.
(3) A description of the principal types of supplies and services to be subcontracted, and an
identification of the types planned for subcontracting to —
(i) Small business concerns;
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns; and
(vi) Women-owned small business concerns.
(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of
this clause.
(5) A description of the method used to identify potential sources for solicitation purposes (e.g.,
existing company source lists, the Central Contractor Registration database (CCR), veterans
service organizations, the National Minority Purchasing Council Vendor Information Service, the
Research and Information Division of the Minority Business Development Agency in the
Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small
business trade associations). A firm may rely on the information contained in CCR as an accurate
representation of a concern’s size and ownership characteristics for the purposes of maintaining a
small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small
disadvantaged, and women-owned small business source list. Use of CCR as its source list does
not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing
subcontracting opportunities) in this clause.
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(6) A statement as to whether or not the offeror included indirect costs in establishing
subcontracting goals, and a description of the method used to determine the proportionate share
of indirect costs to be incurred with —
(i) Small business concerns (including ANC and Indian tribes);
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns (including ANC and Indian tribes); and
(vi) Women-owned small business concerns.
(7) The name of the individual employed by the offeror who will administer the offeror's
subcontracting program, and a description of the duties of the individual.
(8) A description of the efforts the offeror will make to assure that small business, veteran-owned
small business, service-disabled veteran-owned small business, HUBZone small business, small
disadvantaged and women-owned small business concerns have an equitable opportunity to
compete for subcontracts.
(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of
Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and
that the offeror will require all subcontractors (except small business concerns) that receive
subcontracts in excess of $650,000 ($1.5 million for construction of any public facility with
further subcontracting possibilities) to adopt a subcontracting plan that complies with the
requirements of this clause.
(10) Assurances that the offeror will —
(i) Cooperate in any studies or surveys as may be required;
(ii) Submit periodic reports so that the Government can determine the extent of
compliance by the offeror with the subcontracting plan;
(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract
Report (SSR), in accordance with paragraph (l) of this clause using the Electronic
Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall
provide information on subcontract awards to small business concerns (including ANCs
and Indian tribes that are not small businesses), veteran-owned small business concerns,
service-disabled veteran-owned small business concerns, HUBZone small business
concerns, small disadvantaged business concerns (including ANCs and Indian tribes that
have not been certified by the Small Business Administration as small disadvantaged
businesses), women-owned small business concerns, and Historically Black Colleges and
Universities and Minority Institutions. Reporting shall be in accordance with this clause,
or as provided in agency regulations;
(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR
and/or the SSR using eSRS;
(v) Provide its prime contract number, its DUNS number, and the e-mail address of the
offeror’s official responsible for acknowledging receipt of or rejecting the ISRs, to all
first-tier subcontractors with subcontracting plans so they can enter this information into
the eSRS when submitting their ISRs; and
(vi) Require that each subcontractor with a subcontracting plan provide the prime contract
number, its own DUNS number, and the e-mail address of the subcontractor’s official
responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with
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subcontracting plans.
(11) A description of the types of records that will be maintained concerning procedures that have
been adopted to comply with the requirements and goals in the plan, including establishing source
lists; and a description of the offeror's efforts to locate small business, veteran-owned small
business, service-disabled veteran-owned small business, HUBZone small business, small
disadvantaged business, and women-owned small business concerns and award subcontracts to
them. The records shall include at least the following (on a plant-wide or company-wide basis,
unless otherwise indicated):
(i) Source lists (e.g., CCR), guides, and other data that identify small business,
veteran-owned small business, service-disabled veteran-owned small business, HUBZone
small business, small disadvantaged business, and women-owned small business
concerns.
(ii) Organizations contacted in an attempt to locate sources that are small business,
veteran-owned small business, service-disabled veteran-owned small business, HUBZone
small business, small disadvantaged business, or women-owned small business concerns.
(iii) Records on each subcontract solicitation resulting in an award of more than
$150,000, indicating —
(A) Whether small business concerns were solicited and, if not, why not;
(B) Whether veteran-owned small business concerns were solicited and, if not,
why not;
(C) Whether service-disabled veteran-owned small business concerns were
solicited and, if not, why not;
(D) Whether HUBZone small business concerns were solicited and, if not, why
not;
(E) Whether small disadvantaged business concerns were solicited and, if not,
why not;
(F) Whether women-owned small business concerns were solicited and, if not,
why not; and
(G) If applicable, the reason award was not made to a small business concern.
(iv) Records of any outreach efforts to contact —
(A) Trade associations;
(B) Business development organizations;
(C) Conferences and trade fairs to locate small, HUBZone small, small
disadvantaged, and women-owned small business sources; AND
(D) Veterans service organizations.
(v) Records of internal guidance and encouragement provided to buyers through —
(A) Workshops, seminars, training, etc.; and
(B) Monitoring performance to evaluate compliance with the program's
requirements.
(vi) On a contract-by-contract basis, records to support award data submitted by the
offeror to the Government, including the name, address, and business size of each
subcontractor. Contractors having commercial plans need not comply with this
requirement.
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(e) In order to effectively implement this plan to the extent consistent with efficient contract
performance, the Contractor shall perform the following functions:
(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small
business, HUBZone small business, small disadvantaged business, and women-owned small
business concerns by arranging solicitations, time for the preparation of bids, quantities,
specifications, and delivery schedules so as to facilitate the participation by such concerns. Where
the Contractor's lists of potential small business, veteran-owned small business, service-disabled
veteran-owned small business, HUBZone small business, small disadvantaged business, and
women-owned small business subcontractors are excessively long, reasonable effort shall be
made to give all such small business concerns an opportunity to compete over a period of time.
(2) Provide adequate and timely consideration of the potentialities of small business,
veteran-owned small business, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business, and women-owned small business concerns in all
“make-or-buy” decisions.
(3) Counsel and discuss subcontracting opportunities with representatives of small business,
veteran-owned small business, service-disabled veteran-owned small business, HUBZone small
business, small disadvantaged business, and women-owned small business firms.
(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is
identified as a certified HUBZone small business concern by accessing the Central Contractor
Registration (CCR) database or by contacting SBA.
(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of
business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or
women-owned small business for the purpose of obtaining a subcontract that is to be included as
part or all of a goal contained in the Contractor's subcontracting plan.
(6) For all competitive subcontracts over the simplified acquisition threshold in which a small
business concern received a small business preference, upon determination of the successful
subcontract offeror, the Contractor must inform each unsuccessful small business subcontract
offeror in writing of the name and location of the apparent successful offeror prior to award of the
contract.
(f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph
(d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan
required of the offeror by this clause; provided —
(1) the master plan has been approved,
(2) the offeror ensures that the master plan is updated as necessary and provides copies of the
approved master plan, including evidence of its approval, to the Contracting Officer, and
(3) goals and any deviations from the master plan deemed necessary by the Contracting Officer to
satisfy the requirements of this contract are set forth in the individual subcontracting plan.
(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing
commercial items. The commercial plan shall relate to the offeror’s planned subcontracting generally,
for both commercial and Government business, rather than solely to the Government contract. Once the
Contractor’s commercial plan has been approved, the Government will not require another
subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or
service being provided by the Contractor continues to meet the definition of a commercial item. A
Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph
(d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan.
This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the
plan. This report shall be submitted within 30 days after the end of the Government’s fiscal year.
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(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will
be considered by the Contracting Officer in determining the responsibility of the offeror for award of
the contract.
(i) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a
plan, or an option is exercised, the goals associated with the modification or option shall be added to
those in the existing subcontract plan.
(j) Subcontracting plans are not required from subcontractors when the prime contract contains the
clause at 52.212–5, Contract Terms and Conditions Required to Implement Statutes or Executive
Orders-Commercial Items, or when the subcontractor provides a commercial item subject to the clause
at 52.244–6, Subcontracts for Commercial Items, under a prime contract.
(k) The failure of the Contractor or subcontractor to comply in good faith with —
(1) the clause of this contract entitled “Utilization of Small Business Concerns,” or
(2) an approved plan required by this clause, shall be a material breach of the contract.
(l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov.
Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or
subcontractor are not included in these reports. Subcontract award data reported by prime Contractors
and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit
cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor
has been designated to receive a small business or small disadvantaged business credit from an ANC or
Indian tribe. Only subcontracts involving performance in the United States or its outlying areas should
be included in these reports with the exception of subcontracts under a contract awarded by the State
Department or any other agency that has statutory or regulatory authority to require subcontracting
plans for subcontracts performed outside the United States and its outlying areas.
(1)ISR.This report is not required for commercial plans. The report is required for each contract
containing an individual subcontract plan.
(i) The report shall be submitted semiannually during contract performance for the
periods ending March 31 and September 30. A report is also required for each contract
within 30 days of contract completion. Reports are due 30 days after the close of each
reporting period, unless otherwise directed by the Contracting Officer. Reports are
required when due, regardless of whether there has been any subcontracting activity since
the inception of the contract or the previous reporting period.
(ii) When a subcontracting plan contains separate goals for the basic contract and each
option, as prescribed by FAR 19.704(c), the dollar goal inserted on this report shall be the
sum of the base period through the current option; for example, for a report submitted
after the second option is exercised, the dollar goal would be the sum of the goals for the
basic contract, the first option, and the second option.
(iii) The authority to acknowledge receipt or reject the ISR resides —
(A) In the case of the prime Contractor, with the Contracting Officer; and
(B) In the case of a subcontract with a subcontracting plan, with the entity that
awarded the subcontract.
(2)SSR. (i) Reports submitted under individual contract plans —
(A) This report encompasses all subcontracting under prime contracts and
subcontracts with the awarding agency, regardless of the dollar value of the
subcontracts.
(B) The report may be submitted on a corporate, company or subdivision (e.g.
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plant or division operating as a separate profit center) basis, unless otherwise
directed by the agency.
(C) If a prime Contractor and/or subcontractor is performing work for more than
one executive agency, a separate report shall be submitted to each executive
agency covering only that agency’s contracts, provided at least one of that
agency’s contracts is over $650,000 (over $1.5 million for construction of a
public facility) and contains a subcontracting plan. For DoD, a consolidated
report shall be submitted for all contracts awarded by military departments/
agencies and/or subcontracts awarded by DoD prime Contractors. However, for
construction and related maintenance and repair, a separate report shall be
submitted for each DoD component.
(D) For DoD and NASA, the report shall be submitted semi-annually for the six
months ending March 31 and the twelve months ending September 30. For
civilian agencies, except NASA, it shall be submitted annually for the twelve
month period ending September 30. Reports are due 30 days after the close of
each reporting period.
(E) Subcontract awards that are related to work for more than one executive
agency shall be appropriately allocated.
(F) The authority to acknowledge or reject SSRs in eSRS, including SSRs
submitted by subcontractors with subcontracting plans, resides with the
Government agency awarding the prime contracts unless stated otherwise in the
contract.
(ii) Reports submitted under a commercial plan —
(A) The report shall include all subcontract awards under the commercial plan in
effect during the Government’s fiscal year.
(B) The report shall be submitted annually, within thirty days after the end of the
Government’s fiscal year.
(C) If a Contractor has a commercial plan and is performing work for more than
one executive agency, the Contractor shall specify the percentage of dollars
attributable to each agency from which contracts for commercial items were
received.
(D) The authority to acknowledge or reject SSRs for commercial plans resides
with the Contracting Officer who approved the commercial plan.
(iii) All reports submitted at the close of each fiscal year (both individual and commercial
plans) shall include a Year-End Supplementary Report for Small Disadvantaged
Businesses. The report shall include subcontract awards, in whole dollars, to small
disadvantaged business concerns by North American Industry Classification System
(NAICS) Industry Subsector. If the data are not available when the year-end SSR is
submitted, the prime Contractor and/or subcontractor shall submit the Year-End
Supplementary Report for Small Disadvantaged Businesses within 90 days of submitting
the year-end SSR. For a commercial plan, the Contractor may obtain from each of its
subcontractors a predominant NAICS Industry Subsector and report all awards to that
subcontractor under its predominant NAICS Industry Subsector.
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES
(FEB 1997)
If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the
timely performance of this contract, the Contractor shall immediately give notice, including all relevant
information, to the Contracting Officer.
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52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES
AND REMEDIES (APR 2012)
(a)Applicability.This clause does not apply to the extent that the Contractor is supplying end products
mined, produced, or manufactured in —
(1) Canada, and the anticipated value of the acquisition is $25,000 or more;
(2) Israel, and the anticipated value of the acquisition is $50,000 or more;
(3) Mexico, and the anticipated value of the acquisition is $77,494 or more; or
(4) Armenia, Aruba, Austria, Belgium, Bulgaria, Denmark, Finland, France, Germany, Greece,
Hong Kong, Iceland, Ireland, Italy, Japan, Korea, Liechtenstein, Luxembourg, Netherlands,
Norway, Portugal, Romania, Singapore, Spain, Sweden, Switzerland, Taiwan, or the United
Kingdom and the anticipated value of the acquisition is $202,000 or more.
(b)Cooperation with Authorities.To enforce the laws prohibiting the manufacture or importation of
products mined, produced, or manufactured by forced or indentured child labor, authorized officials
may need to conduct investigations to determine whether forced or indentured child labor was used to
mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the
provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or
the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the
contracting agency, the Department of the Treasury, or the Department of Justice by providing
reasonable access to records, documents, persons, or premises upon reasonable request by the
authorized officials.
(c)Violations. The Government may impose remedies set forth in paragraph (d) for the following
violations:
(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or
indentured child labor for listed end products.
(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this
clause, with an investigation of the use of forced or indentured child labor by an Inspector
General, Attorney General, or the Secretary of the Treasury.
(3) The Contractor uses forced or indentured child labor in its mining, production, or
manufacturing processes.
(4) The Contractor has furnished under the contract end products or components that have been
mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The
Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless
sufficient evidence indicates that the Contractor knew of the violation.)
(d)Remedies.
(1) The Contracting Officer may terminate the contract.
(2) The suspending official may suspend the Contractor in accordance with procedures in FAR
Subpart 9.4.
(3) The debarring official may debar the Contractor for a period not to exceed 3 years in
accordance with the procedures in FAR Subpart 9.4.
52.222-21 PROHIBITION OF SEGREGATED FACILITIES
(FEB 1999)
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(a) Segregated facilities, as used in this clause, means any waiting rooms, work areas, rest rooms and
wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing
areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing
facilities provided for employees, that are segregated by explicit directive or are in fact segregated on
the basis of race, color, religion, sex, or national origin because of written or oral policies or employee
custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping
areas provided to assure privacy between the sexes.
(b) The Contractor agrees that it does not and will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it does not and will not permit its employees
to perform their services at any location under its control where segregated facilities are maintained.
The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this
contract.
(c) The Contractor shall include this clause in every subcontract and purchase order that is subject to the
Equal Opportunity clause of this contract.
52.222-26 EQUAL OPPORTUNITY (MAR 2007)
(a) Definition. “United States,” as used in this clause, means the 50 States, the District of Columbia,
Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake
Island.
(b) (1) If, during any 12-month period (including the 12 months preceding the award of this
contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts
that have an aggregate value in excess of $10,000, the Contractor shall comply with this clause,
except for work performed outside the United States by employees who were not recruited within
the United States. Upon request, the Contractor shall provide information necessary to determine
the applicability of this clause.
(2) If the Contractor is a religious corporation, association, educational institution, or society, the
requirements of this clause do not apply with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on of the Contractor's activities
(41 CFR 60-1.5).
(c) (1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. However, it shall not be a violation of this
clause for the Contractor to extend a publicly announced preference in employment to Indians
living on or near an Indian reservation, in connection with employment opportunities on or near
an Indian reservation, as permitted by 41 CFR 60-1.5.
(2)The Contractor shall 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. This shall include, but not be limited to —(i) Employment;
(ii) Upgrading;
(iii) Demotion;
(iv) Transfer;
(v) Recruitment or recruitment advertising;
(vi) Layoff or termination;
(vii) Rates of pay or other forms of compensation; and
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(viii) Selection for training, including apprenticeship.
(3) The Contractor shall post in conspicuous places available to employees and applicants for
employment the notices to be provided by the Contracting Officer that explain this clause.
(4) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
(5) The Contractor shall send, to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, the notice to be provided by
the Contracting Officer advising the labor union or workers' representative of the Contractor's
commitments under this clause, and post copies of the notice in conspicuous places available to
employees and applicants for employment.
(6) The Contractor shall comply with Executive Order 11246, as amended, and the rules,
regulations, and orders of the Secretary of Labor.
(7) The Contractor shall furnish to the contracting agency all information required by Executive
Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. The
Contractor shall also file Standard Form 100 (EEO-1), or any successor form, as prescribed in 41
CFR part 60-1. Unless the Contractor has filed within the 12 months preceding the date of
contract award, the Contractor shall, within 30 days after contract award, apply to either the
regional Office of Federal Contract Compliance Programs (OFCCP) or the local office of the
Equal Employment Opportunity Commission for the necessary forms.
(8) The Contractor shall permit access to its premises, during normal business hours, by the
contracting agency or the OFCCP for the purpose of conducting on-site compliance evaluations
and complaint investigations. The Contractor shall permit the Government to inspect and copy
any books, accounts, records (including computerized records), and other material that may be
relevant to the matter under investigation and pertinent to compliance with Executive Order
11246, as amended, and rules and regulations that implement the Executive Order.
(9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule,
regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or
suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts, under the procedures authorized in Executive Order 11246, as amended.
In addition, sanctions may be imposed and remedies invoked against the Contractor as provided
in Executive Order 11246, as amended; in the rules, regulations, and orders of the Secretary of
Labor; or as otherwise provided by law.
(10) The Contractor shall include the terms and conditions of this clause in every subcontract or
purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor
issued under Executive Order 11246, as amended, so that these terms and conditions will be
binding upon each subcontractor or vendor.
(11) The Contractor shall take such action with respect to any subcontract or purchase order as
the Contracting Officer may direct as a means of enforcing these terms and conditions, including
sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of any direction, the
Contractor may request the United States to enter into the litigation to protect the interests of the
United States.
(d) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed
by the procedures in 41 CFR 60-1.1.
52.222-3 CONVICT LABOR (JUN 2003)
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(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the
performance of this contract any person undergoing a sentence of imprisonment imposed by any court
of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa,
Guam, or the U.S. Virgin Islands.
(b) The Contractor is not prohibited from employing persons—
(1) On parole or probation to work at paid employment during the term of their sentence;
(2) Who have been pardoned or who have served their terms; or
(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico,
the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are
authorized to work at paid employment in the community under the laws of such jurisdiction, if—
(i) The worker is paid or is in an approved work training program on a voluntary basis;
(ii) Representatives of local union central bodies or similar labor union organizations
have been consulted;
(iii) Such paid employment will not result in the displacement of employed workers, or be
applied in skills, crafts, or trades in which there is a surplus of available gainful labor in
the locality, or impair existing contracts for services;
(iv) The rates of pay and other conditions of employment will not be less than those paid
or provided for work of a similar nature in the locality in which the work is being
performed; and
(v) The Attorney General of the United States has certified that the work-release laws or
regulations of the jurisdiction involved are in conformity with the requirements of
Executive Order 11755, as amended by Executive Orders 12608 and 12943.
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (SEP 2010)
(a)Definitions.As used in this clause —
All employment openings means all positions except executive and senior management, those positions
that will be filled from within the Contractor’s organization, and positions lasting 3 days or less. This
term includes full-time employment, temporary employment of more than 3 days duration, and
part-time employment.
Armed Forces service medal veteran means any veteran who, while serving on active duty in the U.S.
military, ground, naval, or air service, participated in a United States military operation for which an
Armed Forces service medal was awarded pursuant to Executive Order 12985 (61 FR 1209).
Disabled veteran means —
(1) A veteran of the U.S. military, ground, naval, or air service, who is entitled to compensation
(or who but for the receipt of military retired pay would be entitled to compensation) under laws
administered by the Secretary of Veterans Affairs; or
(2) A person who was discharged or released from active duty because of a service-connected
disability.
Executive and senior management means —
(1) Any employee —
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(i) Compensated on a salary basis at a rate of not less than $455 per week (or $380 per
week, if employed in American Samoa by employers other than the Federal
Government), exclusive of board, lodging or other facilities;
(ii) Whose primary duty consists of the management of the enterprise in which the
individual is employed or of a customarily recognized department or subdivision thereof;
(iii) Who customarily and regularly directs the work of two or more other employees; and
(iv) Who has the authority to hire or fire other employees or whose suggestions and
recommendations as to the hiring or firing and as to the advancement and promotion or
any other change of status of other employees will be given particular weight; or
(2) Any employee who owns at least a bona fide 20-percent equity interest in the enterprise in
which the employee is employed, regardless of whether the business is a corporate or other type
of organization, and who is actively engaged in its management.
Other protected veteran means a veteran who served on active duty in the U.S. military, ground, naval,
or air service, during a war or in a campaign or expedition for which a campaign badge has been
authorized under the laws administered by the Department of Defense.
Positions that will be filled from within the Contractor’s organization means employment openings for
which the Contractor will give no consideration to persons outside the Contractor’s organization
(including any affiliates, subsidiaries, and parent companies) and includes any openings the Contractor
proposes to fill from regularly established “recall” lists. The exception does not apply to a particular
opening once an employer decides to consider applicants outside of its organization.
Qualified disabled veteran means a disabled veteran who has the ability to perform the essential
functions of the employment positions with or without reasonable accommodation.
Recently separated veteran means any veteran during the three-year period beginning on the date of
such veteran’s discharge or release from active duty in the U.S. military, ground, naval or air service.
(b)General.
(1) The Contractor shall not discriminate against any employee or applicant for employment
because the individual is a disabled veteran, recently separated veteran, other protected veterans,
or Armed Forces service medal veteran, regarding any position for which the employee or
applicant for employment is qualified. The Contractor shall take affirmative action to employ,
advance in employment, and otherwise treat qualified individuals, including qualified disabled
veterans, without discrimination based upon their status as a disabled veteran, recently separated
veteran, Armed Forces service medal veteran, and other protected veteran in all employment
practices including the following:
(i) Recruitment, advertising, and job application procedures.
(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,
termination, right of return from layoff and rehiring.
(iii) Rate of pay or any other form of compensation and changes in compensation.
(iv) Job assignments, job classifications, organizational structures, position descriptions,
lines of progression, and seniority lists.
(v) Leaves of absence, sick leave, or any other leave.
(vi) Fringe benefits available by virtue of employment, whether or not administered by
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the Contractor.
(vii) Selection and financial support for training, including apprenticeship, and on-the-job
training under 38 U.S.C. 3687, professional meetings, conferences, and other related
activities, and selection for leaves of absence to pursue training.
(viii) Activities sponsored by the Contractor including social or recreational programs.
(ix) Any other term, condition, or privilege of employment.
(2) The Contractor shall comply with the rules, regulations, and relevant orders of the Secretary
of Labor issued under the Vietnam Era Veterans’ Readjustment Assistance Act of 1972 (the Act),
as amended (38 U.S.C. 4211 and 4212).
(3) The Department of Labor’s regulations require contractors with 50 or more employees and a
contract of $100,000 or more to have an affirmative action program for veterans. See 41 CFR part
60-300, subpart C.
(c)Listing openings.
(1) The Contractor shall immediately list all employment openings that 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 occurring at an establishment
of the Contractor other than the one where the contract is being performed, but excluding those of
independently operated corporate affiliates, at an appropriate employment service delivery system
where the opening occurs. Listing employment openings with the State workforce agency job
bank or with the local employment service delivery system where the opening occurs shall satisfy
the requirement to list jobs with the appropriate employment service delivery system.
(2) The Contractor shall make the listing of employment openings with the appropriate
employment service delivery system at least concurrently with using any other recruitment source
or effort and shall involve the normal obligations of placing a bona fide job order, including
accepting referrals of veterans and nonveterans. This listing of employment openings does not
require hiring any particular job applicant or hiring from any particular group of job applicants
and is not intended to relieve the Contractor from any requirements of Executive orders or
regulations concerning nondiscrimination in employment.
(3) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it
shall advise the State workforce agency in each State where it has establishments of the name and
location of each hiring location in the State. As long as the Contractor is contractually bound to
these terms and has so advised the State agency, it need not advise the State agency of subsequent
contracts. The Contractor may advise the State agency when it is no longer bound by this contract
clause.
(d)Applicability.This clause does not apply to the listing of employment openings that occur and are
filled outside the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands,
American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.
(e)Postings.
(1) The Contractor shall post employment notices in conspicuous places that are available to
employees and applicants for employment.
(2) The employment notices shall —
(i) State the rights of applicants and employees as well as the Contractor’s obligation
under the law to take affirmative action to employ and advance in employment qualified
employees and applicants who are disabled veterans, recently separated veterans, Armed
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Forces service medal veterans, and other protected veterans; and
(ii) Be in a form prescribed by the Director, Office of Federal Contract Compliance
Programs, and provided by or through the Contracting Officer.
(3) The Contractor shall ensure that applicants or employees who are disabled veterans are
informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually
disabled veteran, or may lower the posted notice so that it can be read by a person in a
wheelchair).
(4) The Contractor shall notify each labor union or representative of workers with which it has a
collective bargaining agreement, or other contract understanding, that the Contractor is bound by
the terms of the Act and is committed to take affirmative action to employ, and advance in
employment, qualified disabled veterans, recently separated veterans, other protected veterans,
and Armed Forces service medal veterans.
(f)Noncompliance. If the Contractor does not comply with the requirements of this clause, the
Government may take appropriate actions under the rules, regulations, and relevant orders of the
Secretary of Labor. This includes implementing any sanctions imposed on a contractor by the
Department of Labor for violations of this clause (52.222-35, Equal Opportunity for Veterans). These
sanctions (see 41 CFR 60-300.66) may include —
(1) Withholding progress payments;
(2) Termination or suspension of the contract; or
(3) Debarment of the contractor.
(g)Subcontracts.The Contractor shall insert the terms of this clause in subcontracts of $100,000 or
more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall
act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms,
including action for noncompliance.
52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH
DISABILITIES (OCT 2010)
(a)General.
(1) Regarding any position for which the employee or applicant for employment is qualified, the
Contractor shall not discriminate against any employee or applicant because of physical or mental
disability. The Contractor agrees to take affirmative action to employ, advance in employment,
and otherwise treat qualified individuals with disabilities without discrimination based upon their
physical or mental disability in all employment practices such as —
(i) Recruitment, advertising, and job application procedures;
(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff,
termination, right of return from layoff, and rehiring;
(iii) Rates of pay or any other form of compensation and changes in compensation;
(iv) Job assignments, job classifications, organizational structures, position descriptions,
lines of progression, and seniority lists;
(v) Leaves of absence, sick leave, or any other leave;
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(vi) Fringe benefits available by virtue of employment, whether or not administered by
the Contractor;
(vii) Selection and financial support for training, including apprenticeships, professional
meetings, conferences, and other related activities, and selection for leaves of absence to
pursue training;
(viii) Activities sponsored by the Contractor, including social or recreational programs;
and
(ix) Any other term, condition, or privilege of employment.
(2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the
Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the
Act), as amended.
(b)Postings.
(1) The Contractor agrees to post employment notices stating —
(i) The Contractor's obligation under the law to take affirmative action to employ and
advance in employment qualified individuals with disabilities; and
(ii) The rights of applicants and employees.
(2) These notices shall be posted in conspicuous places that are available to employees and
applicants for employment. The Contractor shall ensure that applicants and employees with
disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice
read to a visually disabled individual, or may lower the posted notice so that it might be read by a
person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant
Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant
Secretary) and shall be provided by or through the Contracting Officer.
(3) The Contractor shall notify each labor union or representative of workers with which it has a
collective bargaining agreement or other contract understanding, that the Contractor is bound by
the terms of Section 503 of the Act and is committed to take affirmative action to employ, and
advance in employment, qualified individuals with physical or mental disabilities.
(c)Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate
actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant
to the Act.
(d)Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase
order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary. The
Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including
action for noncompliance.
52.222-37 EMPLOYMENT REPORTS ON VETERANS (SEP 2010)
(a)Definitions.As used in this clause, “Armed Forces service medal veteran,” “disabled veteran,”
“other protected veteran,” and “recently separated veteran,” have the meanings given in the Equal
Opportunity for Veterans clause 52.222-35.
(b) Unless the Contractor is a State or local government agency, the Contractor shall report at least
annually, as required by the Secretary of Labor, on —
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(1) The total number of employees in the contractor’s workforce, by job category and hiring
location, who are disabled veterans, other protected veterans, Armed Forces service medal
veterans, and recently separated veterans.
(2) The total number of new employees hired during the period covered by the report, and of the
total, the number of disabled veterans, other protected veterans, Armed Forces service medal
veterans, and recently separated veterans; and
(3) The maximum number and minimum number of employees of the Contractor or subcontractor
at each hiring location during the period covered by the report.
(c) The Contractor shall report the above items by completing the Form VETS-100A, entitled “Federal
Contractor Veterans’ Employment Report (VETS-100A Report).”
(d) The Contractor shall submit VETS-100A Reports no later than September 30 of each year.
(e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause shall reflect
total new hires, and maximum and minimum number of employees, during the most recent 12-month
period preceding the ending date selected for the report.
Contractors may select an ending date —
(1) As of the end of any pay period between July 1 and August 31 of the year the report is due;
or
(2) As of December 31, if the Contractor has prior written approval from the Equal Employment
Opportunity Commission to do so for purposes of submitting the Employer Information Report
EEO-1 (Standard Form 100).
(f) The number of veterans reported must be based on data known to the contractor when completing
the VETS-100A. The contractor’s knowledge of veterans status may be obtained in a variety of ways,
including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary
self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph
does not relieve an employer of liability for discrimination under 38 U.S.C. 4212.
(g) The Contractor shall insert the terms of this clause in subcontracts of $100,000 or more unless
exempted by rules, regulations, or orders of the Secretary of Labor.
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE
NATIONAL LABOR RELATIONS ACT (DEC 2010)
(a) During the term of this contract, the Contractor shall post an employee notice, of such size and in
such form, and containing such content as prescribed by the Secretary of Labor, in conspicuous places
in and about its plants and offices where employees covered by the National Labor Relations Act
engage in activities relating to the performance of the contract, including all places where notices to
employees are customarily posted both physically and electronically, in the languages employees speak,
in accordance with 29 CFR 471.2(d) and (f).
(1) Physical posting of the employee notice shall be in conspicuous places in and about the
Contractor’s plants and offices so that the notice is prominent and readily seen by employees who
are covered by the National Labor Relations Act and engage in activities related to the
performance of the contract.
(2) If the Contractor customarily posts notices to employees electronically, then the Contractor
shall also post the required notice electronically by displaying prominently, on any Web site that
is maintained by the Contractor and is customarily used for notices to employees about terms and
conditions of employment, a link to the Department of Labor’s Web site that contains the full text
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of the poster. The link to the Department’s Web site, as referenced in (b)(3) of this section, must
read, “Important Notice about Employee Rights to Organize and Bargain Collectively with Their
Employers.”
(b) This required employee notice, printed by the Department of Labor, may be —
(1) Obtained from the Division of Interpretations and Standards, Office of Labor-Management
Standards, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N-5609,
Washington, DC 20210, (202) 693-0123, or from any field office of the Office of
Labor-Management Standards or Office of Federal Contract Compliance Programs;
(2) Provided by the Federal contracting agency if requested;
(3) Downloaded from the Office of Labor- Management Standards Web site at
http://www.dol.gov/olms/regs/compliance/EO13496.htm; or
(4) Reproduced and used as exact duplicate copies of the Department of Labor’s official poster.
(c) The required text of the employee notice referred to in this clause is located at Appendix A, Subpart
A, 29 CFR Part 471.
(d) The Contractor shall comply with all provisions of the employee notice and related rules,
regulations, and orders of the Secretary of Labor.
(e) In the event that the Contractor does not comply with the requirements set forth in paragraphs (a)
through (d) of this clause, this contract may be terminated or suspended in whole or in part, and the
Contractor may be suspended or debarred in accordance with 29 CFR 471.14 and subpart 9.4. Such
other sanctions or remedies may be imposed as are provided by 29 CFR part 471, which implements
Executive Order 13496 or as otherwise provided by law.
(f)Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (f), in every
subcontract that exceeds $10,000 and will be performed wholly or partially in the United States,
unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to
section 3 of Executive Order 13496 of January 30, 2009, so that such provisions will be binding
upon each subcontractor.
(2) The Contractor shall not procure supplies or services in a way designed to avoid the
applicability of Executive Order 13496 or this clause.
(3) The Contractor shall take such action with respect to any such subcontract as may be directed
by the Secretary of Labor as a means of enforcing such provisions, including the imposition of
sanctions for noncompliance.
(4) However, if the Contractor becomes involved in litigation with a subcontractor, or is
threatened with such involvement, as a result of such direction, the Contractor may request the
United States, through the Secretary of Labor, to enter into such litigation to protect the interests
of the United States.
52.222-41 SERVICE CONTRACT ACT OF 1965 (NOV 2007)
(a) Definitions. As used in this clause–
Act means the Service Contract Act of 1965 (41 U.S.C. 351, et seq.).
Contractor when this clause is used in any subcontract, shall be deemed to refer to the subcontractor,
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except in the term "Government Prime Contractor."
Service employee means any person engaged in the performance of this contract other than any person
employed in a bona fide executive, administrative, or professional capacity, as these terms are defined
in Part 541 of Title 29, Code of Federal Regulations, as revised. It includes all such persons regardless
of any contractual relationship that may be alleged to exist between a Contractor or subcontractor.
(b) Applicability. This contract is subject to the following provisions and to all other applicable
provisions of the Act and regulations of the Secretary of Labor (29 CFR Part 4). This clause does not
apply to contracts or subcontracts administratively exempted by the Secretary of Labor or exempted by
41 U.S.C. 356, as interpreted in subpart C of 29 CFR Part 4.
(c) Compensation. (1) Each service employee employed in the performance of this contract by the
Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be
furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary
of Labor or authorized representative, as specified in any wage determination attached to this contract.
(2) (i) If a wage determination is attached to this contract, the Contractor shall classify
any class of service employee which is not listed herein and which is to be employed
under the contract (i.e., the work to be performed is not performed by any classification
listed in the wage determination), so as to provide a reasonable relationship (i.e.,
appropriate level of skill comparison) between such unlisted classifications and the
classifications listed in the wage determination. Such conformed class of employees shall
be paid the monetary wages and furnished the fringe benefits as are determined pursuant
to the procedures in this paragraph (c).
(ii) This conforming procedure shall be initiated by the Contractor prior to the
performance of contract work by the unlisted class of employee. The Contractor shall
submit Standard Form (SF) 1444, Request for Authorization of Additional Classification
and Rate, to the Contracting Officer no later than 30 days after the unlisted class of
employee performs any contract work. The Contracting Officer shall review the proposed
classification and rate and promptly submit the completed SF 1444 (which must include
information regarding the agreement or disagreement of the employees' authorized
representatives or the employees themselves together with the agency recommendation),
and all pertinent information to the Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor. The Wage and Hour Division will approve,
modify, or disapprove the action or render a final determination in the event of
disagreement within 30 days of receipt or will notify the Contracting Officer within 30
days of receipt that additional time is necessary.
(iii) The final determination of the conformance action by the Wage and Hour Division
shall be transmitted to the Contracting Officer who shall promptly notify the Contractor
of the action taken. Each affected employee shall be furnished by the Contractor with a
written copy of such determination or it shall be posted as a part of the wage
determination.
(iv) (A) The process of establishing wage and fringe benefit rates that bear a
reasonable relationship to those listed in a wage determination cannot be reduced
to any single formula. The approach used may vary from wage determination to
wage determination depending on the circumstances. Standard wage and salary
administration practices which rank various job classifications by pay grade
pursuant to point schemes or other job factors may, for example, be relied upon.
Guidance may also be obtained from the way different jobs are rated under
Federal pay systems (Federal Wage Board Pay System and the General Schedule)
or from other wage determinations issued in the same locality. Basic to the
establishment of any conformable wage rate(s) is the concept that a pay
relationship should be maintained between job classifications based on the skill
required and the duties performed.
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(B) In the case of a contract modification, an exercise of an option or extension of
an existing contract, or in any other case where a Contractor succeeds a contract
under which the classification in question was previously conformed pursuant to
paragraph (c) of this clause, a new conformed wage rate and fringe benefits may
be assigned to the conformed classification by indexing (i.e., adjusting) the
previous conformed rate and fringe benefits by an amount equal to the average
(mean) percentage increase (or decrease, where appropriate) between the wages
and fringe benefits specified for all classifications to be used on the contract
which are listed in the current wage determination, and those specified for the
corresponding classifications in the previously applicable wage determination.
Where conforming actions are accomplished in accordance with this paragraph
prior to the performance of contract work by the unlisted class of employees, the
Contractor shall advise the Contracting Officer of the action taken but the other
procedures in subdivision (c)(2)(ii) of this clause need not be followed.
(C) No employee engaged in performing work on this contract shall in any event
be paid less than the currently applicable minimum wage specified under section
6(a)(1) of the Fair Labor Standards Act of 1938, as amended.
(v) The wage rate and fringe benefits finally determined under this subparagraph (c)(2) of
this clause shall be paid to all employees performing in the classification from the first
day on which contract work is performed by them in the classification. Failure to pay the
unlisted employees the compensation agreed upon by the interested parties and/or finally
determined by the Wage and Hour Division retroactive to the date such class of
employees commenced contract work shall be a violation of the Act and this contract.
(vi) Upon discovery of failure to comply with subparagraphs (b)(2) of this clause, the
Wage and Hour Division shall make a final determination of conformed classification,
wage rate, and/or fringe benefits which shall be retroactive to the date such class or
classes of employees commenced contract work.
(3) Adjustment of Compensation. If 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 under the contract shall be subject to adjustment after 1 year and not less often than
once every 2 years, under wage determinations issued by the Wage and Hour Division.
(d) Obligation to Furnish Fringe Benefits. The Contractor or subcontractor may discharge the obligation
to furnish fringe benefits specified in the attachment or determined under subparagraph (c)(2) of this
clause by furnishing equivalent combinations of bona fide fringe benefits, or by making equivalent or
differential cash payments, only in accordance with Subpart D of 29 CFR Part 4.
(e) Minimum Wage. In the absence of a minimum wage attachment for this contract, neither the
Contractor nor any subcontractor under this contract shall pay any person performing work under this
contract (regardless of whether the person is a service employee) less than the minimum wage specified
by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this clause shall relieve the
Contractor or any subcontractor of any other obligation under law or contract for payment of a higher
wage to any employee.
(f) Successor Contracts. If this contract succeeds a contract subject to the Act under which substantially
the same services were furnished in the same locality and service employees were paid wages and
fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage
attachment for this contract setting forth such collectively bargained wage rates and fringe benefits,
neither the Contractor nor any subcontractor under this contract shall pay any service employee
performing any of the contract work (regardless of whether or not such employee was employed under
the predecessor contract), less than the wages and fringe benefits provided for in such collective
bargaining agreement to which such employee would have been entitled if employed under the
predecessor contract, including accrued wages and fringe benefits and any prospective increases in
wages and fringe benefits provided for under such agreement. No Contractor or subcontractor under
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this contract may be relieved of the foregoing obligation unless the limitations of 29 CFR 4.1b(b) apply
or unless the Secretary of Labor or authorized representative finds, after a hearing as provided in 29
CFR 4.10 that the wages and/or fringe benefits provided for in such agreement are substantially at
variance with those which prevail for services of a character similar in the locality, or determines, as
provided in 29 CFR 4.11, that the collective bargaining agreement applicable to service employees
employed under the predecessor contract was not entered into as a result of arm's length negotiations.
Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and
Parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor
Contractor's collective bargaining agreement are substantially at variance with those which prevail for
services of a character similar in the locality, and/or that the collective bargaining agreement applicable
to service employees employed under the predecessor contract was not entered into as a result of arm's
length negotiations, the Department will issue a new or revised wage determination setting forth the
applicable wage rates and fringe benefits. Such determination shall be made part of the contract or
subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the
Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to
or after the award of a contract or subcontract. 53 Comp. Gen. 401 (1973). In the case of a wage
determination issued solely as a result of a finding of substantial variance, such determination shall be
effective as of the date of the final administrative decision.
(g) 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 the wage determination
attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall
be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement
is a violation of section 2(a)(4) of the Act and of this contract.
(h) Safe and Sanitary Working Conditions. The Contractor or subcontractor shall not permit any part of
the services 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 the service employee. The Contractor or
subcontractor shall comply with the safety and health standards applied under 29 CFR Part 1925.
(i) Records. (1) The Contractor and each subcontractor performing work subject to the Act shall make
and maintain for 3 years from the completion of the work, and make them available for inspection and
transcription by authorized representatives of the Wage and Hour Division, Employment Standards
Administration, a record of the following:
(i) For each employee subject to the Act—
(A) Name and address and social security number;
(B) Correct work classification or classifications, rate or rates of monetary wages
paid and fringe benefits provided, rate or rates of payments in lieu of fringe
benefits, and total daily and weekly compensation;
(C) Daily and weekly hours worked by each employee; and
(D) Any deductions, rebates, or refunds from the total daily or weekly
compensation of each employee.
(ii) For those classes of service employees not included in any wage determination
attached to this contract, wage rates or fringe benefits determined by the interested parties
or by the Administrator or authorized representative under the terms of paragraph (c) of
this clause. A copy of the report required by subdivision (c)(2)(ii) of this clause will
fulfill this requirement.
(iii) Any list of the predecessor Contractor's employees which had been furnished to the
Contractor as prescribed by paragraph (n) of this clause.
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(2) The Contractor shall also make available a copy of this contract for inspection or transcription
by authorized representatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available these records for inspection and
transcription shall be a violation of the regulations and this contract, and in the case of failure to
produce these records, the Contracting Officer, upon direction of the Department of Labor and
notification to the Contractor, shall take action to cause suspension of any further payment or
advance of funds until the violation ceases.
(4) The Contractor will permit authorized representatives of the Wage and Hour Division to
conduct interviews with employees at the worksite during normal working hours.
(j) Pay Periods. The Contractor shall unconditionally pay to each employee subject to the Act all wages
due free and clear and without subsequent deduction (except as otherwise provided by law or
Regulations, 29 CFR Part 4), rebate, or kickback on any account. These payments shall be made no
later than one pay period following the end of the regular pay period in which the wages were earned or
accrued. A pay period under this Act may not be of any duration longer than semimonthly.
(k) Withholding of Payments 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 an appropriate official of the Department of Labor
requests or such sums as the Contracting Officer decides may be necessary to pay underpaid employees
employed by the Contractor or subcontractor. In the event of failure to pay any employees subject to the
Act all or part of the wages or fringe benefits due under the Act, the Contracting Officer may, after
authorization or by direction of the Department of Labor and written notification to the Contractor, take
action to cause suspension of any further payment or advance of funds until such violations have
ceased. Additionally, any failure to comply with the requirements of this clause may be grounds for
termination of the right to proceed with the contract work. In such event, the Government may either
enter into other contracts or arrangements for completion of the work, charging the Contractor in
default with any additional cost.
(l) Subcontracts. The Contractor agrees to insert this clause in all subcontracts subject to the Act.
(m) Collective Bargaining Agreements Applicable to Service Employees. 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 employees 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
bargaining agreements 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) Seniority List. Not less than 10 days prior to completion of any contract being performed at a
Federal facility where service employees may be retained in the performance of the succeeding contract
and subject to a wage determination which contains vacation or other benefit provisions based upon
length of service with a Contractor (predecessor) or successor (29 CFR 4.173), the incumbent prime
Contractor shall furnish to the Contracting Officer a certified list of the names of all service employees
on the Contractor's or subcontractor's payroll during the last month of contract performance. Such list
shall also contain anniversary dates of employment on the contract either with the current or
predecessor Contractors of each such service employee. The Contracting Officer shall turn over such
list to the successor Contractor at the commencement of the succeeding contract.
(o) Ruling and Interpretations. Rulings and interpretations of the Act are contained in Regulations, 29
CFR Part 4.
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(p) Contractor's Certification. (1) By entering into this contract, the Contractor (and officials thereof)
certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the
Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the
sanctions imposed under section 5 of the Act.
(2) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract under section 5 of the Act.
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001.
(q) Variations, Tolerances, and Exemptions Involving Employment. Notwithstanding any of the
provisions in paragraphs (b) through (o) of this clause, 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 amendment by Pub. L. 92-473, found to be necessary and
proper in the public interest or to avoid serious impairment of the conduct of Government business.
(1) Apprentices, student-learners, and workers 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 Act without diminishing any fringe
benefits or cash payments in lieu thereof required under section 2(a)(2) of the Act, in accordance
with the conditions and 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, in the regulations issued by the Administrator
(29 CFR Parts 520, 521, 524, and 525).
(2) The Administrator will issue certificates under the Act 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).
(3) The Administrator will also withdraw, annul, or cancel such certificates in accordance with
the regulations in 29 CFR Parts 525 and 528.
(r) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work
they perform when they are employed and individually registered in a bona fide apprenticeship program
registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or
if no such recognized agency exists in a State, under a program registered with the Office of
Apprenticeship Training, Employer, and Labor Services (OATELS), U.S. Department of Labor. Any
employee who is not registered as an apprentice in an approved program shall be paid the wage rate and
fringe benefits contained in the applicable wage determination for the journeyman classification of
work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their
level of progress set forth in the registered program, expressed as the appropriate percentage of the
journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to
journeymen employed on the contract work in any craft classification shall not be greater than the ratio
permitted to the Contractor as to his entire work force under the registered program.
(s) Tips. An employee engaged in an occupation in which the employee customarily and regularly
receives more than $30 a month in tips may have the amount of these tips credited by the employer
against the minimum wage required by section 2(a)(1) or section 2(b)(1) of the Act, in accordance with
section 3(m) of the Fair Labor Standards Act and Regulations 29 CFR Part 531. However, the amount
of credit shall not exceed $1.34 per hour beginning January 1, 1981. To use this provision—
(1) The employer must inform tipped employees about this tip credit allowance before the credit
is utilized;
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(2) The employees must be allowed to retain all tips (individually or through a pooling
arrangement and regardless of whether the employer elects to take a credit for tips received);
(3) The employer must be able to show by records that the employee receives at least the
applicable Service Contract Act minimum wage through the combination of direct wages and tip
credit;
(4) The use of such tip credit must have been permitted under any predecessor collective
bargaining agreement applicable by virtue of section 4(c) of the Act.
(t) Disputes Concerning Labor Standards. The U.S. Department of Labor has set forth in 29 CFR Parts
4, 6, and 8 procedures for resolving disputes concerning labor standards requirements. Such disputes
shall be resolved in accordance with those procedures and not the Disputes clause of this contract.
Disputes within the meaning of this clause include disputes between the Contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL
HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of
Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under
the contract and states the wages and fringe benefits payable to each if they were employed by the contracting
agency subject to the provisions of 5 U.S.C 5341 or 5332.
This Statement is for Information Only: It Is Not a Wage Determination
Employee Class Monetary Wage--
Fringe Benefits
N/A N/A
52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE
CONTRACT ACT—PRICE ADJUSTMENT (MULTIPLE YEAR
AND OPTION CONTRACTS) (SEP 2009)
(a) This clause applies to both contracts subject to area prevailing wage determinations and contracts
subject to collective bargaining agreements.
(b) The Contractor warrants that the prices in this contract do not include any allowance for any
contingency to cover increased costs for which adjustment is provided under this clause.
(c) The wage determination, issued under the Service Contract Act of 1965, as amended,
(41 U.S.C. 351, et seq.), by the Administrator, Wage and Hour Division, Employment Standards
Administration, U.S. Department of Labor, current on the anniversary date of a multiple year contract
or the beginning of each renewal option period, shall apply to this contract. If no such determination has
been made applicable to this contract, then the Federal minimum wage as established by section 6(a)(1)
of the Fair Labor Standards Act of 1938, as amended, (29 U.S.C. 206) current on the anniversary date
of a multiple year contract or the beginning of each renewal option period, shall apply to this contract.
(d) The contract price, contract unit price labor rates, or fixed hourly labor rates will be adjusted to
reflect the Contractor’s actual increase or decrease in applicable wages and fringe benefits to the extent
that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a
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result of:
(1) The Department of Labor wage determination applicable on the anniversary date of the
multiple year contract, or at the beginning of the renewal option period. For example, the prior
year wage determination required a minimum wage rate of $4.00 per hour. The Contractor chose
to pay $4.10. The new wage determination increases the minimum rate to $4.50 per hour. Even if
the Contractor voluntarily increases the rate to $4.75 per hour, the allowable price adjustment is
$.40 per hour;
(2) An increase or decrease wage determination otherwise applied to the contract by operation of
law; or
(3) An amendment to the Fair Labor Standards Act of 1938 that is enacted after award of this
contract, affects the minimum wage, and becomes applicable to this contract under law.
(e) Any adjustment will be limited to increases or decreases in wages and fringe benefits as described in
paragraph (d) of this clause, and the accompanying increases or decreases in social security and
unemployment taxes and workers’ compensation insurance, but shall not otherwise include any amount
for general and administrative costs, overhead, or profit.
(f) The Contractor shall notify the Contracting Officer of any increase claimed under this clause within
30 days after receiving a new wage determination unless this notification period is extended in writing
by the Contracting Officer. The Contractor shall promptly notify the Contracting Officer of any
decrease under this clause, but nothing in the clause shall preclude the Government from asserting a
claim within the period permitted by law. The notice shall contain a statement of the amount claimed
and the change in fixed hourly rates (if this is a time-and-materials or labor-hour contract), and any
relevant supporting data, including payroll records, that the Contracting Officer may reasonably require.
Upon agreement of the parties, the contract price, contract unit price labor rates, or fixed hourly rates
shall be modified in writing. The Contractor shall continue performance pending agreement on or
determination of any such adjustment in its effective date.
(g) The Contracting Officer or an authorized representative shall have access to and the right to
examine any directly pertinent books, documents, papers and records of the Contractor until the
expiration of 3 years after final payment under the contract.
52.222-49 SERVICE CONTRACT ACT—PLACE OF
PERFORMANCE UNKNOWN (MAY 1989)
(a) This contract is subject to the Service Contract Act, and the place of performance was unknown
when the solicitation was issued. In addition to places or areas identified in wage determinations, if
any, attached to the solicitation, wage determinations have also been requested for the following: To be
Determined (insert places or areas). The Contracting Officer will request wage determinations for
additional places or areas of performance if asked to do so in writing by Within 15 days of request
(insert time and date).
(b) Offerors who intend to perform in a place or area of performance for which a wage determination
has not been attached or requested may nevertheless submit bids or proposals. However, a wage
determination shall be requested and incorporated in the resultant contract retroactive to the date of
contract award, and there shall be no adjustment in the contract price.
Note: Regulation 52.222-49
Note: Regulation 52.222-49
To be determined at the task order level
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52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION
(JUL 2012)
(a)Definitions.As used in this clause –
Commercially available off-the-shelf (COTS) item –
(1) Means any item of supply that is –
(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, without modification, in the same form in which it is
sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C.
App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), “bulk
cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a
loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal
equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to
be bulk cargo.
Employee assigned to the contract means an employee who was hired after November 6, 1986 (after
November 27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly
performing work, in the United States, under a contract that is required to include the clause prescribed
at 22.1803. An employee is not considered to be directly performing work under a contract if the
employee –
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies
or services for performance of a prime contract or a subcontract. It includes but is not limited to
purchase orders, and changes and modifications to purchase orders.
Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or
for a prime Contractor or another subcontractor.
United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto
Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.
(b)Enrollment and verification requirements.
(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award,
the Contractor shall –
(i)Enroll.Enroll as a Federal Contractor in the E-Verify program within 30 calendar days
of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify
program, begin to use E-Verify to initiate verification of employment eligibility of all
new hires of the Contractor, who are working in the United States, whether or not
assigned to the contract, within 3 business days after the date of hire (but see paragraph
(b)(3) of this section); and
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(iii) Verify employees assigned to the contract. For each employee assigned to the
contract, initiate verification within 90 calendar days after date of enrollment or within 30
calendar days of the employee's assignment to the contract, whichever date is later (but
see paragraph (b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the
Contractor shall use E-Verify to initiate verification of employment eligibility of –
(i)All new employees.
(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification
of all new hires of the Contractor, who are working in the United States, whether
or not assigned to the contract, within 3 business days after the date of hire (but
see paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment
as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all
new hires of the Contractor, who are working in the United States, whether or not
assigned to the contract, within 3 business days after the date of hire (but see
paragraph (b)(3) of this section); or
(ii)Employees assigned to the contract. For each employee assigned to the contract, the
Contractor shall initiate verification within 90 calendar days after date of contract award
or within 30 days after assignment to the contract, whichever date is later (but see
paragraph (b)(4) of this section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State
or local government or the government of a Federally recognized Indian tribe; or a surety
performing under a takeover agreement entered into with a Federal agency pursuant to a
performance bond, the Contractor may choose to verify only employees assigned to the contract,
whether existing employees or new hires. The Contractor shall follow the applicable verification
requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new
employees applies only to new employees assigned to the contract.
(4)Option to verify employment eligibility of all employees. The Contractor may elect to verify all
existing employees hired after November 6, 1986 (after November 27, 2009, in the
Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to
the contract. The Contractor shall initiate verification for each existing employee working in the
United States who was hired after November 6, 1986 (after November 27, 2009, in the
Commonwealth of the Northern Mariana Islands), within 180 calendar days of –
(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this
option, using the contact information provided in the E-Verify program Memorandum of
Understanding (MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the
requirements of the E-Verify program MOU.
(i) The Department of Homeland Security (DHS) or the Social Security Administration
(SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in
accordance with the terms of the MOU. In such case, the Contractor will be referred to a
suspension or debarment official.
(ii) During the period between termination of the MOU and a decision by the suspension
or debarment official whether to suspend or debar, the Contractor is excused from its
obligations under paragraph (b) of this clause. If the suspension or debarment official
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determines not to suspend or debar the Contractor, then the Contractor must reenroll in
E-Verify.
(c)Web site.Information on registration for and use of the E-Verify program can be obtained via the
Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify.
(d)Individuals previously verified. The Contractor is not required by this clause to perform additional
employment verification using E-Verify for any employee –
(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify
program;
(2) Who has been granted and holds an active U.S. Government security clearance for access to
confidential, secret, or top secret information in accordance with the National Industrial Security
Program Operating Manual; or
(3) Who has undergone a completed background investigation and been issued credentials
pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common
Identification Standard for Federal Employees and Contractors.
(e)Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph
(e) (appropriately modified for identification of the parties), in each subcontract that –
(1) Is for –
(i) Commercial or noncommercial services (except for commercial services that are part
of the purchase of a COTS item (or an item that would be a COTS item, but for minor
modifications), performed by the COTS provider, and are normally provided for that
COTS item); or
(ii) Construction;
(2) Has a value of more than $3,000; and
(3) Includes work performed in the United States.
52.222-6 DAVIS-BACON ACT (JUL 2005)
(a) Definition.—“Site of the work”—
(1) Means—
(i)The primary site of the work. The physical place or places where the construction
called for in the contract will remain when work on it is completed; and
(ii)The secondary site of the work, if any. Any other site where a significant portion of
the building or work is constructed, provided that such site is—
(A) Located in the United States; and
(B) Established specifically for the performance of the contract or project;
(2) Except as provided in paragraph (3) of this definition, includes any fabrication plants, mobile
factories, batch plants, borrow pits, job headquarters, tool yards, etc., provided—
(i) They are dedicated exclusively, or nearly so, to performance of the contract or project;
and
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(ii) They are adjacent or virtually adjacent to the “primary site of the work” as defined in
paragraph (a)(1)(i), or the “secondary site of the work” as defined in paragraph (a)(1)(ii)
of this definition;
(3) Does not include permanent home offices, branch plant establishments, fabrication plants, or
tool yards of a Contractor or subcontractor whose locations and continuance in operation are
determined wholly without regard to a particular Federal contract or project. In addition,
fabrication plants, batch plants, borrow pits, job headquarters, yards, etc., of a commercial or
material supplier which are established by a supplier of materials for the project before opening
of bids and not on the Project site, are not included in the “site of the work.” Such permanent,
previously established facilities are not a part of the “site of the work” even if the operations for a
period of time may be dedicated exclusively or nearly so, to the performance of a contract.
(b) (1) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate
on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona
fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not
less than those contained in the wage determination of the Secretary of Labor which is attached
hereto and made a part hereof, or as may be incorporated for a secondary site of the work,
regardless of any contractual relationship which may be alleged to exist between the Contractor
and such laborers and mechanics. Any wage determination incorporated for a secondary site of
the work shall be effective from the first day on which work under the contract was performed at
that site and shall be incorporated without any adjustment in contract price or estimated cost.
Laborers employed by the construction Contractor or construction subcontractor that are
transporting portions of the building or work between the secondary site of the work and the
primary site of the work shall be paid in accordance with the wage determination applicable to the
primary site of the work.
(2) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of paragraph (e) of this clause; also, regular
contributions made or costs incurred for more than a weekly period (but not less often than
quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed
to be constructively made or incurred during such period.
(3) Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe
benefits in the wage determination for the classification of work actually performed, without
regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or
mechanics performing work in more than one classification may be compensated at the rate
specified for each classification for the time actually worked therein; provided that the
employer’s payroll records accurately set forth the time spent in each classification in which work
is performed.
(4) The wage determination (including any additional classifications and wage rates conformed
under paragraph (c) of this clause) and the Davis-Bacon poster (WH-1321) shall be posted at all
times by the Contractor and its subcontractors at the primary site of the work and the secondary
site of the work, if any, in a prominent and accessible place where it can be easily seen by the
workers.
(c) (1) The Contracting Officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be
classified in conformance with the wage determination. The Contracting Officer shall approve an
additional classification and wage rate and fringe benefits therefor only when all the following
criteria have been met:
(i) The work to be performed by the classification requested is not performed by a
classification in the wage determination.
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(ii) The classification is utilized in the area by the construction industry.
(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(2) If the Contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the Contracting Officer agree on the classification and wage
rate (including the amount designated for fringe benefits, where appropriate), a report of the
action taken shall be sent by the Contracting Officer to the Administrator of the:
Wage and Hour Division
Employment Standards Administration
U.S. Department of Labor
Washington, DC 20210
The Administrator or an authorized representative will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the Contracting Officer or
will notify the Contracting Officer within the 30-day period that additional time is necessary.
(3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or
their representatives, and the Contracting Officer do not agree on the proposed classification and
wage rate (including the amount designated for fringe benefits, where appropriate), the
Contracting Officer shall refer the questions, including the views of all interested parties and the
recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division
for determination. The Administrator, or an authorized representative, will issue a determination
within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer within the 30-day period that additional time is necessary.
(4) The wage rate (including fringe benefits, where appropriate) determined pursuant to
paragraphs (c)(2) and (c)(3) of this clause shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the
classification.
(d) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly
cash equivalent thereof.
(e) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program; provided, That the Secretary of Labor
has found, upon the written request of the Contractor, that the applicable standards of the Davis-Bacon
Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
52.222-7 Withholding of Funds (Feb 1988)
The Contracting Officer shall, upon his or her own action or upon written request of an authorized
representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this
contract or any other Federal contract with the same Prime Contractor, or any other federally assisted contract
subject to Davis-Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much
of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount
of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any
apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required
by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds until such
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violations have ceased.
52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010)
(a) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course
of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at
the site of the work. Such records shall contain the name, address, and social security number of each
such worker, his or her correct classification, hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types
described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked,
deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under
paragraph (d) of the clause entitled Davis-Bacon Act, that the wages of any laborer or mechanic include
the amount of any costs reasonably anticipated in providing benefits under a plan or program described
in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially responsible,
and that the plan or program has been communicated in writing to the laborers or mechanics affected,
and records which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under approved programs shall maintain written
evidence of the registration of apprenticeship programs and certification of trainee programs, the
registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(b) (1) The Contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately
and completely all of the information required to be maintained under paragraph(a) of this clause,
except that full social security numbers and home addresses shall not be included on weekly
transmittals. Instead the payrolls shall only need to include an individually identifying number for
each employee (e.g., the last four digits of the employee’s social security number). The required
weekly payroll information may be submitted in any form desired. Optional Form WH–347 is
available for this purpose and may be obtained from the U.S. Department of Labor Wage and
Hour Division website at http://www.dol.gov/whd/forms/wh347.pdf. The Prime Contractor is
responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them upon request to the Contracting Officer, the Contractor, or the
Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. It is not a violation of this section for a Prime
Contractor to require a subcontractor to provide addresses and social security numbers to the
Prime Contractor for its own records, without weekly submission to the Contracting Officer.
Superintendent of Documents
U.S. Government Printing Office
Washington, DC 20402
The Prime Contractor is responsible for the submission of copies of payrolls by all
subcontractors.
(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify —
(i) That the payroll for the payroll period contains the information required to be
maintained under paragraph (a) of this clause and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been
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made either directly or indirectly from the full wages earned, other than permissible
deductions as set forth in the Regulations, 29 CFR Part 3; and
(iii) That each laborer or mechanic has been paid not less than the applicable wage rates
and fringe benefits or cash equivalents for the classification of work performed, as
specified in the applicable wage determination incorporated into the contract.
(3) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of
Compliance” required by paragraph (b)(2) of this clause.
(4) The falsification of any of the certifications in this clause may subject the Contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of
Title 31 of the United States Code.
(c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause
available for inspection, copying, or transcription by the Contracting Officer or authorized
representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor
shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of
Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails
to submit required records or to make them available, the Contracting Officer may, after written notice
to the Contractor, take such action as may be necessary to cause the suspension of any further payment.
Furthermore, failure to submit the required records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
52.222-9 Apprentices and Trainees (Jul 2005)
(a) Apprentices.
(1) An apprentice will be permitted to work at less than the predetermined rate for the work
performed when employed—
(i) Pursuant to and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Employment and Training Administration,
Office of Apprenticeship Training, Employer, and Labor Services (OATELS) or with a
State Apprenticeship Agency recognized by the OATELS; or
(ii) In the first 90 days of probationary employment as an apprentice in such an
apprenticeship program, even though not individually registered in the program, if
certified by the OATELS or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice.
(2) The allowable ratio of apprentices to journeymen on the job site in any craft classification
shall not be greater than the ratio permitted to the Contractor as to the entire work force under the
registered program.
(3) Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise
employed as stated in paragraph (a)(1) of this clause, shall be paid not less than the applicable
wage determination for the classification of work actually performed. In addition, any apprentice
performing work on the job site in excess of the ratio permitted under the registered program shall
be paid not less than the applicable wage rate on the wage determination for the work actually
performed.
(4) Where a Contractor is performing construction on a project in a locality other than that in
which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman’s hourly rate) specified in the Contractor’s or subcontractor’s registered program
shall be observed. Every apprentice must be paid at not less than the rate specified in the
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registered program for the apprentice’s level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination.
(5) Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage determination for
the applicable classification. If the Administrator determines that a different practice prevails for
the applicable apprentice classification, fringes shall be paid in accordance with that
determination.
(6) In the event OATELS, or a State Apprenticeship Agency recognized by OATELS, withdraws
approval of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an
acceptable program is approved.
(b) Trainees.
(1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by
the U.S. Department of Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer, and Labor Services (OATELS). The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by
OATELS.
(2) Every trainee must be paid at not less than the rate specified in the approved program for the
trainee’s level of progress, expressed as a percentage of the journeyman hourly rate specified in
the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. If the trainee program does not mention fringe benefits,
trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the
Administrator of the Wage and Hour Division determines that there is an apprenticeship program
associated with the corresponding journeyman wage rate in the wage determination which
provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a
trainee rate who is not registered and participating in a training plan approved by the OATELS
shall be paid not less than the applicable wage rate in the wage determination for the
classification of work actually performed. In addition, any trainee performing work on the job site
in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate in the wage determination for the work actually performed.
(3) In the event OATELS withdraws approval of a training program, the Contractor will no longer
be permitted to utilize trainees at less than the applicable predetermined rate for the work
performed until an acceptable program is approved.
(c)Equal employment opportunity.The utilization of apprentices, trainees, and journeymen under this
clause shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended, and 29 CFR Part 30.
52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)
(a)Definitions. As used in this clause —
Recycling means the series of activities, including collection, separation, and processing, by which
products or other materials are recovered from the solid waste stream for use in the form of raw
materials in the manufacture of products other than fuel for producing heat or power by combustion.
Waste prevention means any change in the design, manufacturing, purchase, or use of materials or
products (including packaging) to reduce their amount or toxicity before they are discarded. Waste
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prevention also refers to the reuse of products or materials.
Waste reduction means preventing or decreasing the amount of waste being generated through waste
prevention, recycling, or purchasing recycled and environmentally preferable products.
(b) Consistent with the requirements of section 3(e) of Executive Order 13423, the Contractor shall
establish a program to promote cost-effective waste reduction in all operations and facilities covered by
this contract. The Contractor's programs shall comply with applicable Federal, State, and local
requirements, specifically including Section 6002 of the Resource Conservation and Recovery Act
(42 U.S.C. 6962, et seq.) and implementing regulations (40 CFR part 247).
52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
(a) Definitions.
"Ozone-depleting substance," as used in this clause, means any substance the Environmental Protection
Agency designates in 40 CFR Part 82 as —
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl
chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting
substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR
Part 82, Subpart E, as follows:
“WARNING: Contains (or manufactured with, if applicable) ______________,* a substance(s) which
harm(s) public health and environment by destroying ozone in the upper atmosphere.”
* The Contractor shall insert the name of the substance(s).
52.223-15 Energy Efficiency in Energy-Consuming Products (DEC
2007)
(a) Definition. As used in this clause--
Energy-efficient product--
(1) Means a product that--
(i) Meets Department of Energy and Environmental Protection Agency criteria for use of
the Energy Star trademark label; or
(ii) Is in the upper 25 percent of efficiency for all similar products as designated by the
Department of Energy's Federal Energy Management Program.
(2) The term "product'' does not include any energy-consuming product or system designed or
procured for combat or combat-related missions (42 U.S.C. 8259b).
(b) The Contractor shall ensure that energy-consuming products are energy efficient products (i.e.,
ENERGY STAR®products or FEMP-designated products) at the time of contract award, for products
that are--
(1) Delivered;
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(2) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(3) Furnished by the Contractor for use by the Government; or
(4) Specified in the design of a building or work, or incorporated during its construction,
renovation, or maintenance.
(c) The requirements of paragraph (b) apply to the Contractor (including any subcontractor) unless--
(1) The energy-consuming product is not listed in the ENERGY STAR®Program or FEMP; or
(2) Otherwise approved in writing by the Contracting Officer.
(d) Information about these products is available for--
(1) ENERGY STAR®at http://www.energystar.gov/products; and
(2) FEMP at http://www1.eere.energy.gov/femp/procurement/eep_requirements.html
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN
TEXT MESSAGING WHILE DRIVING (AUG 2011)
(a)Definitions. As used in this clause –
“Driving”–
(1) Means operating a motor vehicle on an active roadway with the motor running, including
while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise.
(2) Does not include operating a motor vehicle with or without the motor running when one has
pulled over to the side of, or off, an active roadway and has halted in a location where one can
safely remain stationary.
“Text messaging” means reading from or entering data into any handheld or other electronic device,
including for the purpose of short message service texting, e-mailing, instant messaging, obtaining
navigational information, or engaging in any other form of electronic data retrieval or electronic data
communication. The term does not include glancing at or listening to a navigational device that is
secured in a commercially designed holder affixed to the vehicle, provided that the destination and
route are programmed into the device either before driving or while stopped in a location off the
roadway where it is safe and legal to park.
(b) This clause implements Executive Order 13513, Federal Leadership on Reducing Text Messaging
while Driving, dated October 1, 2009.
(c) The Contractor should –
(1) Adopt and enforce policies that ban text messaging while driving –
(i) Company-owned or -rented vehicles or Government-owned vehicles; or
(ii) Privately-owned vehicles when on official Government business or when performing
any work for or on behalf of the Government.
(2) Conduct initiatives in a manner commensurate with the size of the business, such as –
(i) Establishment of new rules and programs or re-evaluation of existing programs to
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prohibit text messaging while driving; and
(ii) Education, awareness, and other outreach to employees about the safety risks
associated with texting while driving.
(d)Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d),
in all subcontracts that exceed the micro-purchase threshold.
52.223-19 COMPLIANCE WITH ENVIRONMENTAL
MANAGEMENT SYSTEMS (MAY 2011)
The Contractor’s work under this contract shall conform with all operational controls identified in the
applicable agency or facility Environmental Management Systems and provide monitoring and measurement
information necessary for the Government to address environmental performance relative to the goals of the
Environmental Management Systems.
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED
PRODUCTS UNDER SERVICE AND CONSTRUCTION
CONTRACTS (JUL 2012)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products
that are United States Department of Agriculture (USDA)-designated items unless –
(1) The product cannot be acquired –
(i) Competitively within a time frame providing for compliance with the contract
performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7
CFR 3201.3(e)). For example, all USDA-designated items are exempt from the preferred
procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment,i.e., a product or system designed or procured for combat or
combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferred.gov.
(c) In the performance of this contract, the Contractor shall –
(1) Report to the environmental point of contact identified in paragraph (d) of this clause, with a
copy to the Contracting Officer, on the product types and dollar value of any USDA-designated
biobased products purchased by the Contractor during the previous Government fiscal year,
between October 1 and September 30;
(2) Submit this report no later than –
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance; and
(3) Contact the environmental point of contact to obtain the preferred submittal format, if that
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format is not specified in this contract.
(d) The environmental point of contact for this contract is: To be determined. Information will be
provided to the contractor by the CO/CS at award. [Contracting Officer shall insert full name, phone
number, and email address. In addition, the Contracting Officer may include the agency website for
reporting.]
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND
MATERIAL SAFETY DATA (JAN 1997)
(ALTERNATE I—JUL 1995)
(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the
latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be
delivered under this contract. The hazardous material shall be properly identified and include any
applicable identification number, such as National Stock Number or Special Item Number. This
information shall also be included on the Material Safety Data Sheet submitted under this contract.
Material
(If none, insert None)
Identification No.
(c) This list must be updated during performance of the contract whenever the Contractor determines
that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a
Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of
Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data
shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently
successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data
Sheet prior to award may result in the apparently successful offeror being considered nonresponsible
and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard
No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause,
the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve
the Contractor of any responsibility or liability for the safety of Government, Contractor, or
subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable
Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses
and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are
as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this
right are to—
(i) Apprise personnel of the hazards to which they may be exposed in using, handling,
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packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these
purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with
subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing
for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other
sources.
(i) Except as provided in paragraph (i)(2) the Contractor shall prepare and submit a sufficient number of
Material Safety Data Sheets (MSDS's), meeting the requirements of 29 CFR 1910.1200(g) and the
latest version of Federal Standard No. 313, for all hazardous materials identified in paragraph (b) of this
clause.
(1) For items shipped to consignees, the Contractor shall include a copy of the MSDS with the
packing list or other suitable shipping document which accompanies each shipment.
Alternatively, the Contractor is permitted to transmit MSDS's to consignees in advance of receipt
of shipments by consignees, if authorized in writing by the Contracting Officer.
(2) For items shipped to consignees identified by mailing address as agency depots, distribution
centers or customer supply centers, the Contractor shall provide one copy of the MSDS's in or on
each shipping container. If affixed to the outside of each container, the MSDS must be placed in a
weather resistant envelope.
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND
MATERIAL SAFETY DATA (JAN 1997)
(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the
latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be
delivered under this contract. The hazardous material shall be properly identified and include any
applicable identification number, such as National Stock Number or Special Item Number. This
information shall also be included on the Material Safety Data Sheet submitted under this contract.
Material
(If none, insert “None”)
Identification No.
(c) This list must be updated during performance of the contract whenever the Contractor determines
that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a
Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of
Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data
shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently
successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data
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Sheet prior to award may result in the apparently successful offeror being considered nonresponsible
and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard
No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause,
the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve
the Contractor of any responsibility or liability for the safety of Government, Contractor, or
subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable
Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses
and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are
as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this
right are to—
(i) Apprise personnel of the hazards to which they may be exposed in using, handling,
packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these
purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with
subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing
for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other
sources.
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW
INFORMATION (MAY 2011)
(a)Definitions. As used in this clause—
Toxic chemical means a chemical or chemical category listed in 40 CFR 372.65.
(b) Federal facilities are required to comply with the provisions of the Emergency Planning and
Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution
Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109).
(c) The Contractor shall provide all information needed by the Federal facility to comply with the
following:
(1) The emergency planning reporting requirements of Section 302 of EPCRA.
(2) The emergency notice requirements of Section 304 of EPCRA.
(3) The list of Material Safety Data Sheets, required by Section 311 of EPCRA.
(4) The emergency and hazardous chemical inventory forms of Section 312 of EPCRA.
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(5) The toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction
and recycling information required by Section 6607 of PPA.
(6) The toxic chemical and hazardous substance release and use reduction goals of section 2(e) of
Executive Order 13423 and of Executive Order 13514.
52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)
(a) The Contractor shall notify the Contracting Officer or designee, in writing, 10 days prior to the
delivery of, or prior to completion of any servicing required by this contract of, items containing either
(1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic
Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect
on the date of this contract, or (2) other radioactive material not requiring specific licensing in which
the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or
exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain
radioactive materials, a description of the materials, the name and activity of the isotope, the
manufacturer of the materials, and any other information known to the Contractor which will put users
of the items on notice as to the hazards involved (OMB No. 9000-0107).
(b) If there has been no change affecting the quantity of activity, or the characteristics and composition
of the radioactive material from deliveries under this contract or prior contracts, the Contractor may
request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this
clause. Any such request shall—
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and composition of the radioactive material
have not changed; and
(3) Cite the contract number on which the prior notification was submitted and the contracting
office to which it was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity
is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and
all containers in which such items, parts or subassemblies are delivered to the Government shall be
clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of
the contract.
(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive
materials meeting the criteria in paragraph (a) of this clause.
52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)
The Contractor will be required to design, develop, or operate a system of records on individuals, to
accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974
(5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of
criminal penalties.
52.224-2 PRIVACY ACT (APR 1984)
(a) The Contractor agrees to—
(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued
under the Act in the design, development, or operation of any system of records on individuals to
accomplish an agency function when the contract specifically identifies—
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(i) The systems of records; and
(ii) The design, development, or operation work that the Contractor is to perform;
(2) Include the Privacy Act notification contained in this contract in every solicitation and
resulting subcontract and in every subcontract awarded without a solicitation, when the work
statement in the proposed subcontract requires the redesign, development, or operation of a
system of records on individuals that is subject to the Act; and
(3) Include this clause, including this subparagraph (3), in all subcontracts awarded under this
contract which requires 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 when
the violation concerns the design, development, or operation of a system of records on individuals to
accomplish an agency function, and criminal penalties may be imposed upon the officers or employees
of the agency when 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 is considered to be
an employee of the agency.
(c) (1) "Operation of a system of records," as used in this clause, means performance of any of
the activities associated with maintaining the system of records, including the collection, use, and
dissemination of records.
(2) "Record," as used in this clause, means any item, collection, or grouping of information about
an individual that is maintained by an agency, including, but not limited to, education, financial
transactions, medical history, and criminal or employment history and that contains the person's
name, or the identifying number, symbol, or other identifying particular assigned to the
individual, such as a fingerprint or voiceprint or a photograph.
(3) "System of records on individuals," as used in this clause, means a group of any records under
the control of any agency from which information is retrieved by the name of the individual or by
some identifying number, symbol, or other identifying particular assigned to the individual.
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
(JUN 2008)
(a) Except as authorized by the Office of Foreign Assets Control (OFAC) in the Department of the
Treasury, the Contractor shall not acquire, for use in the performance of this contract, any supplies or
services if any proclamation, Executive order, or statute administered by OFAC, or if OFAC’s
implementing regulations at 31 CFR chapter V, would prohibit such a transaction by a person subject to
the jurisdiction of the United States.
(b) Except as authorized by OFAC, most transactions involving Cuba, Iran, and Sudan are prohibited,
as are most imports from Burma or North Korea, into the United States or its outlying areas. Lists of
entities and individuals subject to economic sanctions are included in OFAC’s List of Specially
Designated Nationals and Blocked Persons at http://www.treas.gov/offices/enforcement/ofac/sdn. More
information about these restrictions, as well as updates, is available in the OFAC’s regulations at 31
CFR chapter V and/or on OFAC’s Web site at http://www.treas.gov/offices/enforcement/ofac.
(c) The Contractor shall insert this clause, including this paragraph (c), in all subcontracts.
52.225-5 TRADE AGREEMENTS (NOV 2012)
(a)Definitions. As used in this clause —
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“Caribbean Basin country end product”—
(1) Means an article that —
(i) (A) Is wholly the growth, product, or manufacture of a Caribbean Basin country;
or
(B) In the case of an article that consists in whole or in part of materials from
another country, has been substantially transformed in a Caribbean Basin country
into a new and different article of commerce with a name, character, or use
distinct from that of the article or articles from which it was transformed; and
(ii) Is not excluded from duty-free treatment for Caribbean countries under 19 U.S.C. 2703(b).
(A) For this reason, the following articles are not Caribbean Basin country end
products:
(1) Tuna, prepared or preserved in any manner in airtight containers;
(2) Petroleum, or any product derived from petroleum;
(3) Watches and watch parts (including cases, bracelets, and straps) of
whatever type including, but not limited to, mechanical, quartz digital, or
quartz analog, if such watches or watch parts contain any material that is
the product of any country to which the Harmonized Tariff Schedule of
the United States (HTSUS) column 2 rates of duty apply (i.e.,
Afghanistan, Cuba, Laos, North Korea, and Vietnam); and
(4) Certain of the following: textiles and apparel articles; footwear,
handbags, luggage, flat goods, work gloves, and leather wearing apparel;
or handloomed, handmade, and folklore articles;
(B) Access to the HTSUS to determine duty-free status of articles of these types is
available at http://www.usitc.gov/tata/hts/. In particular, see the following:
(1) General Note 3(c), Products Eligible for Special Tariff treatment.
(2) General Note 17, Products of Countries Designated as Beneficiary
Countries under the United States-Caribbean Basin Trade Partnership Act
of 2000.
(3) Section XXII, Chapter 98, Subchapter II, Articles Exported and
Returned, Advanced or Improved Abroad, U.S. Note 7(b).
(4) Section XXII, Chapter 98, Subchapter XX, Goods Eligible for Special
Tariff Benefits under the United States-Caribbean Basin Trade
Partnership Act; and
(2) Refers to a product offered for purchase under a supply contract, but for purposes of
calculating the value of the acquisition, includes services (except transportation services)
incidental to the article, provided that the value of those incidental services does not exceed that
of the article itself.
“Designated country” means any of the following countries:
(1) A World Trade Organization Government Procurement Agreement country (Armenia, Aruba,
Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland,
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France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea
(Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway,
Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland,
Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan,
Penghu, Kinmen and Matsu (Chinese Taipei))”, or United Kingdom);
(2) A Free Trade Agreement country (Australia, Bahrain, Canada, Chile, Colombia, Costa Rica,
Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco,
Nicaragua, Oman, Panama, Peru, or Singapore);
(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso,
Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo,
Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau,
Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania,
Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone,
Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or
(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize,
Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica,
Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Sint Eustatius,
Sint Maarten, or Trinidad and Tobago).
“Designated country end product” means a WTO GPA country end product, an FTA country end
product, a least developed country end product, or a Caribbean Basin country end product.
“End product” means those articles, materials, and supplies to be acquired under the contract for public
use.
“Free Trade Agreement country end product” means an article that —
(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement (FTA) country; or
(2) In the case of an article that consists in whole or in part of materials from another country, has
been substantially transformed in an FTA country into a new and different article of commerce
with a name, character, or use distinct from that of the article or articles from which it was
transformed. The term refers to a product offered for purchase under a supply contract, but for
purposes of calculating the value of the end product includes services (except transportation
services) incidental to the article, provided that the value of those incidental services does not
exceed that of the article itself.
“Least developed country end product” means an article that —
(1) Is wholly the growth, product, or manufacture of a least developed country; or
(2) In the case of an article that consists in whole or in part of materials from another country, has
been substantially transformed in a least developed country into a new and different article of
commerce with a name, character, or use distinct from that of the article or articles from which it
was transformed. The term refers to a product offered for purchase under a supply contract, but
for purposes of calculating the value of the end product, includes services (except transportation
services) incidental to the article, provided that the value of those incidental services does not
exceed that of the article itself.
“United States” means the 50 States, the District of Columbia, and outlying areas.
“U.S.-made end product” means an article that is mined, produced, or manufactured in the United
States or that is substantially transformed in the United States into a new and different article of
commerce with a name, character, or use distinct from that of the article or articles from which it was
transformed.
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“WTO GPA country end product” means an article that —
(1) Is wholly the growth, product, or manufacture of a WTO GPA country; or
(2) In the case of an article that consists in whole or in part of materials from another country, has
been substantially transformed in a WTO GPA country into a new and different article of
commerce with a name, character, or use distinct from that of the article or articles from which it
was transformed. The term refers to a product offered for purchase under a supply contract, but
for purposes of calculating the value of the end product includes services, (except transportation
services) incidental to the article, provided that the value of those incidental services does not
exceed that of the article itself.
(b) Delivery of end products. The Contracting Officer has determined that the WTO GPA and FTAs
apply to this acquisition. Unless otherwise specified, these trade agreements apply to all items in the
Schedule. The Contractor shall deliver under this contract only U.S.-made or designated country end
products except to the extent that, in its offer, it specified delivery of other end products in the provision
entitled “Trade Agreements Certificate.”
52.228-5 INSURANCE—WORK ON A GOVERNMENT
INSTALLATION (JAN 1997)
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this
contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in
the contract.
(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in
writing that the required insurance has been obtained. The policies evidencing required insurance shall
contain an endorsement to the effect that any cancellation or any material change adversely affecting
the Government's interest shall not be effective—
(1) For such period as the laws of the State in which this contract is to be performed prescribe; or
(2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting
Officer, whichever period is longer.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts
under this contract that require work on a Government installation and shall require subcontractors to
provide and maintain the insurance required in the Schedule or elsewhere in the contract. The
Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make
copies available to the Contracting Officer upon request.
52.229-1 STATE AND LOCAL TAXES (APR 1984)
Notwithstanding the terms of the Federal, State, and Local Taxes clause, the contract price excludes all State
and local taxes levied on or measured by the contract or sales price of the services or completed supplies
furnished under this contract. The Contractor shall state separately on its invoices taxes excluded from the
contract price, and the Government agrees either to pay the amount of the taxes to the Contractor or provide
evidence necessary to sustain an exemption.
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(DEVIATION – FEB 2007)
(a) As used in this clause —
“After-imposed Federal tax” means any new or increased Federal excise tax or duty, or tax that was
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exempted or excluded on the contract date but whose exemption was later revoked or reduced during
the contract period, on the transactions or property covered by this contract that the Contractor is
required to pay or bear as the result of legislative, judicial, or administrative action taking effect after
the contract date. It does not include social security tax or other employment taxes.
“After-relieved Federal tax” means any amount of Federal excise tax or duty, except social security or
other employment taxes, that would otherwise have been payable on the transactions or property
covered by this contract, but which the Contractor is not required to pay or bear, or for which the
Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action
taking effect after the contract date.
“All applicable Federal, State, and local taxes and duties” means all taxes and duties, in effect on the
contract date, that the taxing authority is imposing and collecting on the transactions or property
covered by this contract.
“Contract date” means the date set for bid opening or, if this is a negotiated contract or a modification,
the effective date of this contract or modification.
“Local taxes” includes taxes imposed by a possession or territory of the United States, Puerto Rico, or
the Northern Mariana Islands, if the contract is performed wholly or partly in any of those areas.
(b) (1) The contract price includes all applicable Federal, State, and local taxes and duties,
except as provided in subparagraph (b)(2)(i) of this clause.
(2) Taxes imposed under 26 U.S.C. 5000C may not be —
(i) Included in the contract price; nor
(ii) Reimbursed.
(c) The contract price shall be increased by the amount of any after-imposed Federal tax, provided the
Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate
increase was included in the contract price, as a contingency reserve or otherwise.
(d) The contract price shall be decreased by the amount of any after-relieved Federal tax.
(e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social
security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a
refund of, through the Contractor’s fault, negligence, or failure to follow instructions of the Contracting
Officer.
(f) No adjustment shall be made in the contract price under this clause unless the amount of the
adjustment exceeds $250.
(g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal
excise tax or duty that reasonably may be expected to result in either an increase or decrease in the
contract price and shall take appropriate action as the Contracting Officer directs.
(h) The ordering activity shall, without liability, furnish evidence appropriate to establish exemption
from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis
exists to sustain the exemption.
52.232-17 INTEREST (OCT 2010) (DEVIATION – MAY 2003)
(a) Except as otherwise provided in this contract under a Price Reduction for Defective Certified Cost
or Pricing Data clause or a Cost Accounting Standards clause, all amounts that become payable by the
Contractor to the ordering activity under this contract (net of any applicable tax credit under the Internal
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Revenue Code (26 U.S.C. 1481)) shall bear simple interest from the date due until paid unless paid
within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary
of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563),
which is applicable to the period in which the amount becomes due, as provided in paragraph (b) of this
clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the
amount is paid.
(b) Amounts shall be due at the earliest of the following dates:
(1) The date fixed under this contract.
(2) The date of the first written demand for payment consistent with this contract, including any
demand resulting from a default termination.
(3) The date the ordering activity transmits to the Contractor a proposed supplemental agreement
to confirm completed negotiations establishing the amount of debt.
(4) If this contract provides for revision of prices, the date of written notice to the Contractor
stating the amount of refund payable in connection with a pricing proposal or a negotiated pricing
agreement not confirmed by contract modification.
(c) The interest charge made under this clause may be reduced under the procedures prescribed in
32.614-2 of the Federal Acquisition Regulation in effect on the date of this contract.
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL
YEAR (APR 1984) (DEVIATION -- MAY 2003)
Funds are not presently available for performance under this contract beyond (to be determined at the task
order level). The ordering activity’s obligation for performance of this contract beyond that date is contingent
upon the availability of appropriated funds from which payment for contract purposes can be made. No legal
liability on the part of the ordering activity for any payment may arise for performance under this contract
beyond (to be determined at the task order level), until funds are made available to the Contracting Officer for
performance and until the Contractor receives notice of availability, to be confirmed in writing by the
Contracting Officer.
52.232-33 PAYMENT BY ELECTRONIC FUNDS
TRANSFER—CENTRAL CONTRACTOR REGISTRATION
(OCT 2003)
(a) Method of payment.
(1) All payments by the Government under this contract shall be made by electronic funds
transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the
term "EFT" refers to the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the
Contractor agrees to either—
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend the payment due date until such time as the
Government can make payment by EFT (but see paragraph (d) of this clause).
(b) Contractor's EFT information. The Government shall make payment to the Contractor using the
EFT information contained in the Central Contractor Registration (CCR) database. In the event that the
EFT information changes, the Contractor shall be responsible for providing the updated information to
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the CCR database.
(c) Mechanisms for EFT payment. The Government may make payment by EFT through either the
Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing
House Association, or the Fedwire Transfer System. The rules governing Federal payments through the
ACH are contained in 31 CFR part 210.
(d) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect, then
the Government need not make payment to the Contractor under this contract until correct EFT
information is entered into the CCR database; and any invoice or contract financing request shall be
deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt
payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest
penalties apply.
(e) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's
EFT information incorrectly, the Government remains responsible for—
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was
incorrect, or was revised within 30 days of Government release of the EFT payment transaction
instruction to the Federal Reserve System, and—
(i) If the funds are no longer under the control of the payment office, the Government is
deemed to have made payment and the Contractor is responsible for recovery of any
erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not
make payment, and the provisions of paragraph (d) of this clause shall apply.
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in
accordance with the prompt payment terms of this contract if, in the EFT payment transaction
instruction released to the Federal Reserve System, the date specified for settlement of the payment is
on or before the prompt payment due date, provided the specified payment date is a valid date under the
rules of the Federal Reserve System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided
for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any
such assignment, that the assignee shall register separately in the CCR database and shall be paid by
EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this
contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly
recognized under an assignment of claims pursuant to subpart 32.8, is not permitted. In all respects, the
requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that
shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper
assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of
paragraph (d) of this clause.
(h) Liability for change of EFT information by financial agent. The Government is not liable for errors
resulting from changes to EFT information made by the Contractor's financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available
payment information that is suitable for transmission as of the date of release of the EFT instruction to
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the Federal Reserve System. The Government may request the Contractor to designate a desired format
and method(s) for delivery of payment information from a list of formats and methods the payment
office is capable of executing. However, the Government does not guarantee that any particular format
or method of delivery is available at any particular payment office and retains the latitude to use the
format and delivery method most convenient to the Government. If the Government makes payment by
check in accordance with paragraph (a) of this clause, the Government shall mail the payment
information to the remittance address contained in the CCR database.
52.232-34 Payment by Electronic Funds Transfer—Other than Central
Contractor Registration (MAY 1999) (DEVIATION – FEB 2007)
(a) Method of payment.
(1) All payments by the ordering activity under this contract shall be made by electronic funds
transfer (EFT) except as provided in paragraph (a)(2) of this clause. As used in this clause, the
term “EFT” refers to the funds transfer and may also include the payment information transfer.
(2) In the event the ordering activity is unable to release one or more payments by EFT, the
Contractor agrees to either—
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the ordering activity to extend payment due dates until such time as the
ordering activity makes payment by EFT (but see paragraph (d) of this clause).
(b) Mandatory submission of Contractor's EFT information.
(1) The Contractor is required to provide the ordering activity with the information required to
make payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this
information directly to the office designated in this contract to receive that information (hereafter:
“designated office”) by (to be determined at the task order level). If not otherwise specified in this
contract, the payment office is the designated office for receipt of the Contractor’s EFT
information. If more than one designated office is named for the contract, the Contractor shall
provide a separate notice to each office. In the event that the EFT information changes, the
Contractor shall be responsible for providing the updated information to the designated office(s).
(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor
shall specifically state the applicability of this EFT information in terms acceptable to the
designated office. However, EFT information supplied to a designated office shall be applicable
only to contracts that identify that designated office as the office to receive EFT information for
that contract.
(c) Mechanisms for EFT payment. The ordering activity may make payment by EFT through either the
Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing
House Association, or the Fedwire Transfer System. The rules governing Federal payments through the
ACH are contained in 31 CFR Part 210.
(d) Suspension of payment.
(1) The ordering activity is not required to make any payment under this contract until after
receipt, by the designated office, of the correct EFT payment information from the Contractor.
Until receipt of the correct EFT information, any invoice or contract financing request shall be
deemed not to be a proper invoice for the purpose of prompt payment under this contract. The
prompt payment terms of the contract regarding notice of an improper invoice and delays in
accrual of interest penalties apply.
(2) If the EFT information changes after submission of correct EFT information, the ordering
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activity shall begin using the changed EFT information no later than 30 days after its receipt by
the designated office to the extent payment is made by EFT. However, the Contractor may
request that no further payments be made until the updated EFT information is implemented by
the payment office. If such suspension would result in a late payment under the prompt payment
terms of this contract, the Contractor’s request for suspension shall extend the due date for
payment by the number of days of the suspension.
(e) Liability for uncompleted or erroneous transfers.
(1) If an uncompleted or erroneous transfer occurs because the ordering activity used the
Contractor’s EFT information incorrectly, the ordering activity remains responsible for—
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor’s EFT information was
incorrect, or was revised within 30 days of ordering activity release of the EFT payment
transaction instruction to the Federal Reserve System, and—
(i) If the funds are no longer under the control of the payment office, the ordering activity
is deemed to have made payment and the Contractor is responsible for recovery of any
erroneously directed funds; or
(ii) If the funds remain under the control of the payment office, the ordering activity shall
not make payment and the provisions of paragraph (d) shall apply.
(f) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in
accordance with the prompt payment terms of this contract if, in the EFT payment transaction
instruction released to the Federal Reserve System, the date specified for settlement of the payment is
on or before the prompt payment due date, provided the specified payment date is a valid date under the
rules of the Federal Reserve System.
(g) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided
for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any
such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this
clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In
all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT
information that shows the ultimate recipient of the transfer to be other than the Contractor, in the
absence of a proper assignment of claims acceptable to the ordering activity, is incorrect EFT
information within the meaning of paragraph (d) of this clause.
(h) Liability for change of EFT information by financial agent. The ordering activity is not liable for
errors resulting from changes to EFT information provided by the Contractor’s financial agent.
(i) Payment information. The payment or disbursing office shall forward to the Contractor available
payment information that is suitable for transmission as of the date of release of the EFT instruction to
the Federal Reserve System. The ordering activity may request the Contractor to designate a desired
format and method(s) for delivery of payment information from a list of formats and methods the
payment office is capable of executing. However, the ordering activity does not guarantee that any
particular format or method of delivery is available at any particular payment office and retains the
latitude to use the format and delivery method most convenient to the ordering activity. If the ordering
activity makes payment by check in accordance with paragraph (a) of this clause, the ordering activity
shall mail the payment information to the remittance address in the contract.
(j) EFT information. The Contractor shall provide the following information to the designated office.
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The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause).
The Contractor shall designate a single financial agent per contract capable of receiving and processing
the EFT information using the EFT methods described in paragraph (c) of this clause.
(1) The contract number (or other procurement identification number).
(2) The Contractor’s name and remittance address, as stated in the contract(s).
(3) The signature (manual or electronic, as appropriate), title, and telephone number of the
Contractor official authorized to provide this information.
(4) The name, address, and 9-digit Routing Transit Number of the Contractor’s financial agent.
(5) The Contractor’s account number and the type of account (checking, saving, or lockbox).
(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor’s
financial agent.
(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation,
and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire
transfer payment if the Contractor’s financial agent is not directly on-line to the Fedwire Transfer
System; and, therefore, not the receiver of the wire transfer payment.
52.232-36 PAYMENT BY THIRD PARTY (FEB 2010) (DEVIATION –
MAY 2003)
(a) General.
(1) Except as provided in paragraph (a)(2) of this clause, the Contractor agrees to accept
payments due under this contract, through payment by a third party in lieu of payment directly
from the ordering activity, in accordance with the terms of this clause. The third party and, if
applicable, the particular credit card to be used are identified elsewhere in this contract.
(2) The credit card is not authorized as a method of payment during any period of the
Central Contractor Registration (CCR) indicates that the Contractor has delinquent debt that is
subject to collection under the Treasury Offset Program (TOP). Information on TOP is available
at http://fms.treas.gov/debt/index.html. If the CCR subsequently indicates that the Contractor no
longer has delinquent debt, the Contractor may request the Contracting Officer to authorize
payment by credit card.
(b) Contractor payment request.
(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall make payment
requests through a charge to the ordering activity account with the third party, at the time and for
the amount due in accordance with those clauses of this contract that authorize the Contractor to
submit invoices, contract financing requests, other payment requests, or as provided in other
clauses providing for payment to the Contractor.
(2) When the Contracting Officer has notified the Contractor that the credit card is no longer an
authorized method of payment, the Contractor shall make such payment requests in accordance
with instructions provided by the Contracting Officer during the period when the purchase card is
not authorized.
(c) Payment. The Contractor and the third party shall agree that payments due under this contract shall
be made upon submittal of payment requests to the third party in accordance with the terms and
conditions of an agreement between the Contractor, the Contractor’s financial agent (if any), and the
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third party and its agents (if any). No payment shall be due the Contractor until such agreement is
made. Payments made or due by the third party under this clause are not payments made by the
ordering activity and are not subject to the Prompt Payment Act or any implementation thereof in this
contract.
(d) Documentation. Documentation of each charge against the ordering activity’s account shall be
provided to the Contracting Officer upon request.
(e) Assignment of claims. Notwithstanding any other provision of this contract, if any payment is made
under this clause, then no payment under this contract shall be assigned under the provisions of the
assignment of claims terms of this contract or the Assignment of Claims Act of 1940, as amended,
31 U.S.C. 3727, 41 U.S.C. 15.
(f) Other payment terms. The other payment terms of this contract shall govern the content and
submission of payment requests. If any clause requires information or documents in or with the
payment request, that is not provided in the third party agreement referenced in paragraph (c) of this
clause, the Contractor shall obtain instructions from the Contracting Officer before submitting such a
payment request.
52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999)
This contract or agreement provides for payments to the Contractor through several alternative methods. The
applicability of specific methods of payment and the designation of the payment office(s) are either stated—
(a) Elsewhere in this contract or agreement; or
(b) In individual orders placed under this contract or agreement.
52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL
BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012)
This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing
Prompt Payment to Small Business Subcontractors, dated July 11, 2012.
(a) Upon receipt of accelerated payments from the Government, the contractor is required to make
accelerated payments to small business subcontractors to the maximum extent practicable after receipt
of a proper invoice and all proper documentation from the small business subcontractor.
(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small
business concerns.
(c) The acceleration of payments under this clause does not provide any new rights under the Prompt
Payment Act.
52.233-1 DISPUTES (JUL 2002)
(a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613).
(b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved
under this clause.
(c) "Claim," as used in this clause, means a written demand or written assertion by one of the
contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment
or interpretation of contract terms, or other relief arising under or relating to this contract. However, a
written demand or written assertion by the Contractor seeking the payment of money exceeding
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$100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for
payment that is not in dispute when submitted is not a claim under the Act. The submission may be
converted to a claim under the Act, by complying with the submission and certification requirements of
this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
(d) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this
contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a
written decision. A claim by the Government against the Contractor shall be subject to a written
decision by the Contracting Officer.
(2) (i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of
this clause when submitting any claim exceeding $100,000.
(ii) The certification requirement does not apply to issues in controversy that have not
been submitted as all or part of a claim.
(iii) The certification shall state 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; that the amount requested accurately reflects the contract adjustment for which the
Contractor believes the Government is liable; and that I am duly authorized to certify the
claim on behalf of the Contractor."
(3) The certification may be executed by any person duly authorized to bind the Contractor with
respect to the claim.
(e) For Contractor claims of $50,000 or less, the Contracting Officer must, if requested in writing by the
Contractor, render a decision within 60 days of the request. For Contractor-certified claims over
$50,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the
date by which the decision will be made.
(f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as
provided in the Act.
(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government
is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute
resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the
Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the
Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise
would be due, if that date is later, until the date of payment. With regard to claims having defective
certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer
initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of
the Treasury as provided in the Act, which is applicable to the period during which the Contracting
Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the
Treasury Secretary during the pendency of the claim.
(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of
any request for relief, claim, appeal, or action arising under the contract, and comply with any decision
of the Contracting Officer.
52.233-3 PROTEST AFTER AWARD (AUG 1996)
(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is
likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the
Contractor to stop performance of the work called for by this contract. The order shall be specifically
identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall
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immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs
allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final
decision in the protest, the Contracting Officer shall either—
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for
Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the
protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment
in the delivery schedule or contract price, or both, and the contract shall be modified, in writing,
accordingly, if—
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost
properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of
work stoppage;provided, that if the Contracting Officer decides the facts justify the action, the
Contracting Officer may receive and act upon the request at any time before final payment under
this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the
convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the
stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the
Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from
the stop-work order.
(e) The Government's rights to terminate this contract at anytime are not affected by action taken under
this clause.
(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or
miscertification, a protest related to this contract is sustained, and the Government pays costs, as
provided in FAR 33.102(b)(2), or 33.104(h)(1), the Government may require the Contractor to
reimburse the Government the amount of such costs. In addition to any other remedy available, and
pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the
amount against any payment due the Contractor under any contract between the Contractor and the
Government.
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT
CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,
EQUIPMENT, AND VEGETATION (APR 1984)
The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on
the Government installation. If the Contractor's failure to use reasonable care causes damage to any of this
property, the Contractor shall replace or repair the damage at no expense to the Government as the
Contracting Officer directs. If the Contractor fails or refuses to make such repair or replacement, the
Contractor shall be liable for the cost, which may be deducted from the contract price.
52.237-3 CONTINUITY OF SERVICES (JAN 1991)
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(a) The Contractor recognizes that the services under this contract are vital to the Government and must
be continued without interruption and that, upon contract expiration, a successor, either the Government
or another contractor, may continue them. The Contractor agrees to—
(1) Furnish phase-in training; and
(2) Exercise its best efforts and cooperation to effect an orderly and efficient transition to a
successor.
(b) The Contractor shall, upon the Contracting Officer’s written notice, (1) furnish phase-in, phase-out
services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a
successor to determine the nature and extent of phase-in, phase-out services required. The plan shall
specify a training program and a date for transferring responsibilities for each division of work
described in the plan, and shall be subject to the Contracting Officer’s approval. The Contractor shall
provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the
services called for by this contract are maintained at the required level of proficiency.
(c) The Contractor shall allow as many personnel as practicable to remain on the job to help the
successor maintain the continuity and consistency of the services required by this contract. The
Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site
interviews with these employees. If selected employees are agreeable to the change, the Contractor
shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to
the successor.
(d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e.,costs incurred
within the agreed period after contract expiration that result from phase-in, phase-out operations) and a
fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.
52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)
(a) The Contractor shall not publish or disclose in any manner, without the Contracting Officer's written
consent, the details of any safeguards either designed or developed by the Contractor under this contract
or otherwise provided by the Government.
(b) To the extent required to carry out a program of inspection to safeguard against threats and hazards
to the security, integrity, and confidentiality of Government data, the Contractor shall afford the
Government access to the Contractor's facilities, installations, technical capabilities, operations,
documentation, records, and databases.
(c) If new or unanticipated threats or hazards are discovered by either the Government or the
Contractor, or if existing safeguards have ceased to function, the discoverer shall immediately bring the
situation to the attention of the other party.
52.242-13 BANKRUPTCY (JUL 1995)
In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary,
the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract,
written notification of the bankruptcy to the Contracting Officer responsible for administering the contract.
This notification shall be furnished within five days of the initiation of the proceedings relating to bankruptcy
filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the
court in which the bankruptcy petition was filed, and a listing of Government contract numbers and
contracting offices for all Government contracts against which final payment has not been made. This
obligation remains in effect until final payment under this contract.
52.242-15 STOP-WORK ORDER (AUG 1989)
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(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor
to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is
delivered to the Contractor, and for any further period to which the parties may agree. The order shall
be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the
Contractor shall immediately comply with its terms and take all reasonable steps to minimize the
incurrence of costs allocable to the work covered by the order during the period of work stoppage.
Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of
that period to which the parties shall have agreed, the Contracting Officer shall either —
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for
Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension
thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable
adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in
writing, accordingly, if —
(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost
properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of
work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the
Contracting Officer may receive and act upon the claim submitted at any time before final
payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the
convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the
stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the
Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from
the stop-work order.
52.246-4 INSPECTION OF SERVICES—FIXED-PRICE (AUG 1996)
(DEVIATION - MAY 2003)
(a) Definition: "Services," as used in this clause, includes services performed, workmanship, and
material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the ordering activity
covering the services under this contract. Complete records of all inspection work performed by the
Contractor shall be maintained and made available to the ordering activity during contract performance
and for as long afterwards as the contract requires.
(c) The ordering activity has the right to inspect and test all services called for by the contract, to the
extent practicable at all times and places during the term of the contract. The ordering activity shall
perform inspections and tests in a manner that will not unduly delay the work.
(d) If the ordering activity performs inspections or tests on the premises of the Contractor or a
subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in
contract price, all reasonable facilities and assistance for the safe and convenient performance of these
duties.
(e) If any of the services do not conform with contract requirements, the ordering activity may require
the Contractor to perform the services again in conformity with contract requirements, at no increase in
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contract amount. When the defects in services cannot be corrected by reperformance, the ordering
activity may—
(1) Require the Contractor to take necessary action to ensure that future performance conforms to
contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to
ensure future performance in conformity with contract requirements, the ordering activity may--
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred
by the ordering activity that is directly related to the performance of such service; or
(2) Terminate the contract for default.
52.247-1 COMMERCIAL BILL OF LADING NOTATIONS
(FEB 2006)
When the Contracting Officer authorizes supplies to be shipped on a commercial bill of lading and the
Contractor will be reimbursed these transportation costs as direct allowable costs, the Contractor shall ensure
before shipment is made that the commercial shipping documents are annotated with either of the following
notations, as appropriate:
(a) If the Government is shown as the consignor or the consignee, the annotation shall be:
"Transportation is for the (to be determined at the task order level) and the actual total transportation
charges paid to the carrier(s) by the consignor or consignee are assignable to, and shall be reimbursed
by, the Government."
(b) If the Government is not shown as the consignor or the consignee, the annotation shall be:
"Transportation is for the (to be determined at the task order level) and the actual total transportation
charges paid to the carrier(s) by the consignor or consignee shall be reimbursed by the Government,
pursuant to cost-reimbursement contract No. (to be determined at the task order level). This may be
confirmed by contacting (point of contact at the task order level)."
52.247-32 F.O.B. ORIGIN, FREIGHT PREPAID (FEB 2006)
(a) The term "f.o.b. origin, freight prepaid," as used in this clause, means—
(1) Free of expense to the Government delivered—
(i) On board the indicated type of conveyance of the carrier (or of the Government, if
specified) at a designated point in the city, county, and State from which the shipments
will be made and from which line-haul transportation service (as distinguished from
switching, local drayage, or other terminal service) will begin;
(ii) To, and placed on, the carrier's wharf (at ship-side, within reach of the ship's loading
tackle, when the shipping point is within a port area having water transportation service)
or the carrier's freight station;
(iii) To a U.S. Postal Service facility; or
(iv) If stated in the solicitation, to any Government-designated point located within the
same city or commercial zone as the f.o.b. origin point specified in the contract (the
Federal Motor Carrier Safety Administration prescribes commercial zones at Subpart B of
49 CFR part 372); and
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(2) The cost of transportation, ultimately the Government's obligation, is prepaid by the
Contractor to the point specified in the contract.
(b) The Contractor shall—
(1) (i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment in conformance with carrier
requirements to protect the goods and to ensure assessment of the lowest applicable
transportation charge;
(2) (i) Order specified carrier equipment when requested by the Government; or
(ii) If not specified, order appropriate carrier equipment not in excess of capacity to
accommodate shipment;
(3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block,
and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier's
conveyance as required by carrier rules and regulations;
(4) Be responsible for any loss of and/or damage to the goods—
(i) Occurring before delivery to the carrier;
(ii) Resulting from improper packing or marking; or
(iii) Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the
shipment, if loaded by the Contractor on or in the carrier's conveyance;
(5) Prepare a bill of lading or other transportation receipt. The bill of lading shall show—
(i) A description of the shipment in terms of the governing freight classification or tariff
(or Government rate tender) under which lowest freight rates are applicable;
(ii) The seals affixed to the conveyance with their serial numbers or other identification;
(iii) Lengths and capacities of cars or trucks ordered and furnished;
(iv) Other pertinent information required to effect prompt delivery to the consignee,
including name, delivery address, postal address and ZIP code of consignee, routing, etc.;
(v) Special instructions or annotations requested by the ordering agency for bills of
lading; e.g., "This shipment is the property of, and the freight charges paid to the
carrier(s) will be reimbursed by, the Government"; and
(vi) The signature of the carrier's agent and the date the shipment is received by the
carrier;
(6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the
ordering agency; and
(7) Prepay all freight charges to the extent specified in the contract.
(c) These Contractor responsibilities are specified for performance at the plant or plants at which these
supplies are to be finally inspected and accepted, unless the facilities for shipment by carrier's
equipment are not available at the Contractor's plant, in which case the responsibilities shall be
performed f.o.b. the point or points in the same or nearest city where the specified carrier's facilities are
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available; subject, however, to the following qualifications:
(1) If the Contractor's shipping plant is located in the State of Alaska or Hawaii, the Contractor
shall deliver the supplies listed for shipment outside Alaska or Hawaii to the port of loading in
Alaska or Hawaii, respectively, as specified in the contract, at Contractor's expense, and to that
extent the contract shall be "f.o.b. destination."
(2) Notwithstanding subparagraph (c)(1) of this clause, if the Contractor's shipping plant is
located in the State of Hawaii, and the contract requires delivery to be made by container service,
the Contractor shall deliver the supplies, at the Contractor's expense to the container yard in the
same or nearest city where seavan container service is available.
52.247-34 F.O.B. DESTINATION (NOV 1991)
(a) The term "f.o.b. destination," as used in this clause, means—
(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery
point where the consignee's facility (plant, warehouse, store, lot, or other location to which
shipment can be made) is located; and
(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city
and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of
the Contractor. The Government shall not be liable for any delivery, storage, demurrage,
accessorial, or other charges involved before the actual delivery (or "constructive placement" as
defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an
act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies
shall be delivered to the specified unloading platform of the consignee. If motor carrier (including
"piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the
consignee, except when the supplies delivered meet the requirements of Item 568 of the National
Motor Freight Classification for "heavy or bulky freight." When supplies meeting the
requirements of the referenced Item 568 are delivered, unloading (including movement to the
tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested.
If the Contractor uses rail carrier or freight forwarder for less than carload shipments, the
Contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to
truck is required to complete delivery to consignee.
(b) The Contractor shall—
(1) (i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment in conformance with carrier
requirements;
(2) Prepare and distribute commercial bills of lading;
(3) Deliver the shipment in good order and condition to the point of delivery specified in the
contract;
(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the
shipment by the consignee at the delivery point specified in the contract;
(5) Furnish a delivery schedule and designate the mode of delivering carrier; and
(6) Pay and bear all charges to the specified point of delivery.
52.247-38 F.O.B. INLAND CARRIER, POINT OF EXPORTATION
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(FEB 2006)
(a) The term "f.o.b. inland carrier, point of exportation," as used in this clause, means free of expense to
the Government, on board the conveyance of the inland carrier, delivered to the specified point of
exportation.
(b) The Contractor shall—
(1) (i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment for ocean transportation in
conformance with carrier requirements to protect the goods and to ensure assessment of
the lowest applicable transportation charge;
(2) Prepare and distribute commercial bills of lading or other transportation receipt;
(3) (i) Deliver the shipment in good order and condition in or on the conveyance of the
carrier on the date or within the period specified; and
(ii) Pay and bear all applicable charges, including transportation costs, to the point of
delivery specified in the contract;
(4) Be responsible for any loss of and/or damage to the goods occurring before delivery of the
shipment to the point of delivery in the contract; and
(5) At the Government's request and expense, assist in obtaining the documents required for (i)
exportation or (ii) importation at destination.
52.247-39 F.O.B. INLAND POINT, COUNTRY OF IMPORTATION
(APR 1984)
(a) The term "f.o.b. inland point, country of importation," as used in this clause, means free of expense
to the Government, on board the indicated type of conveyance of the carrier, delivered to the specified
inland point where the consignee's facility is located.
(b) The Contractor shall—
(1) (i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment for ocean transportation in
conformance with carrier requirements to protect the goods;
(2) (i) Deliver, in or on the inland carrier's conveyance, the shipment in good order and
condition to the specified inland point where the consignee's facility is located; and
(ii) Pay and bear all applicable charges incurred up to the point of delivery, including
transportation costs; export, import, or other fees or taxes; costs of landing; wharfage
costs; customs duties and costs of certificates of origin; consular invoices; and other
documents that may be required for importation; and
(3) Be responsible for any loss of and/or damage to the goods until their arrival on or in the
carrier's conveyance at the specified inland point.
52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT
CAR AND TRAILER-ON-FLAT CAR (PIGGYBACK) SHIPMENTS
(DEVIATION—OCT 1984)
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(a) Upon receipt of shipping instructions, as provided in this contract, the supplies to be included in any
freight carload or trailer load (piggyback) shipment by rail shall be loaded, blocked, and braced by the
Contractor in accordance with the standards published by the Association of American Railroads and
effective at the time of shipment.
(b) Shipments, for which the Association of American Railroads has published no such standards, shall
be loaded, blocked, and braced in accordance with standards established by the shipper as evidenced by
written acceptance of an authorized representative of the carrier.
(c) The Contractor shall be liable for payment of any damage to any supplies caused by the failure to
load, block, and brace in accordance with acceptable standards set forth herein.
(d) A copy of the appropriate pamphlet of the Association of American Railroads may be obtained from
that Association.
52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG
COMMERCIAL VESSELS (FEB 2006) (ALTERNATE I—APR 2003)
(a) Except as provided in paragraph (b) and (e) of this clause, the Contractor shall use privately owned
U.S.-flag commercial vessels, and no others, in the ocean transportation of any supplies to be furnished
under this contract.
(b) If such vessels are not available for timely shipment at rates that are fair and reasonable for privately
owned U.S.-flag commercial vessels, the Contractor shall notify the Contracting Officer and request
(1) authorization to ship in foreign-flag commercial vessels, or (2) designation of available U.S.-flag
vessels. If the Contractor is authorized in writing by the Contracting Officer to ship the supplies in
foreign-flag vessels, the contract price shall be equitably adjusted to reflect the difference in costs of
shipping the supplies in privately owned U.S.-flag commercial vessels and in foreign flag vessels.
(c) (1) The Contractor shall submit one legible copy of a rated on-board ocean bill of lading for
each shipment to both (i) the Contracting Officer and (ii) the Office of Cargo Preference,
Maritime Administration (MAR-590), 400 Seventh Street, SW, Washington, DC 20590.
Subcontractor bills of lading shall be submitted through the Prime Contractor.
(2) The Contractor shall furnish these bill of lading copies (i) within 20 working days of the date
of loading for shipments originating in the United States, or (ii) within 30 working days for
shipments originating outside the United States. Each bill of lading copy shall contain the
following information:
(A) Sponsoring U.S. Government agency.
(B) Name of vessel.
(C) Vessel flag of registry.
(D) Date of loading.
(E) Port of loading.
(F) Port of final discharge.
(G) Description of commodity.
(H) Gross weight in pounds and cubic feet if available.
(I) Total ocean freight revenue in U.S. dollars.
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(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all
subcontracts or purchase orders under this contract.
(e) The requirement in paragraph (a) does not apply to—
(1) Cargoes carried in vessels as required or authorized by law or treaty;
(2) Ocean transportation between foreign countries of supplies purchased with foreign currencies
made available, or derived from funds that are made available, under the Foreign Assistance Act
of 1961 (22 U.S.C. 2353); and
(3) Shipments of classified supplies when the classification prohibits the use of non-Government
vessels.
(f) Guidance regarding fair and reasonable rates for privately owned U.S.-flag commercial vessels may
be obtained from the Office of Costs and Rates, Maritime Administration , 400 Seventh Street, SW,
Washington, DC 20590, Phone: 202-366-4610.
52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT—SMALL
PACKAGE SHIPMENTS (JAN 1991)
(a) When authorized by the Contracting Officer, f.o.b. origin freight shipments which do not have a
security classification shall move on prepaid commercial bills of lading or other shipping documents to
domestic destinations, including air and water terminals. Weight of individual shipments shall be
governed by carrier restrictions but shall not exceed 150 pounds by any form of commercial air or
1,000 pounds by other commercial carriers. The Government will reimburse the Contractor for
reasonable freight charges.
(b) The Contractor shall annotate the commercial bill of lading as required by the clause of this contract
entitled "Commercial Bill of Lading Notations."
(c) The Contractor shall consolidate prepaid shipments in accordance with procedures established by
the cognizant transportation office. The Contractor is authorized to combine Government prepaid
shipments with the Contractor's commercial shipments for delivery to one or more consignees and the
Government will reimburse its pro rata share of the total freight costs. The Contractor shall provide a
copy of the commercial bill of lading promptly to each consignee. Quantities shall not be divided into
mailable lots for the purpose of avoiding movement by other modes of transportation.
(d) Transportation charges will be billed as a separate item on the invoice for each shipment made. A
copy of the pertinent bill of lading, shipment receipt, or freight bill shall accompany the invoice unless
otherwise specified in the contract.
(e) Loss and damage claims will be processed by the Government.
52.247-68 REPORT OF SHIPMENT (REPSHIP) (FEB 2006)
(a) Definition. Domestic destination, as used in this clause, means—
(1) A destination within the contiguous United States; or
(2) If shipment originates in Alaska or Hawaii, a destination in Alaska or Hawaii, respectively.
(b) Unless otherwise directed by the Contracting Officer, the Contractor shall—
(1) Send a prepaid notice of shipment to the consignee transportation officer—
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(i) For all shipments of—
(A) Classified material, protected sensitive, and protected controlled material;
(B) Explosives and poisons, class 1, division 1.1, 1.2 and 1.3; class 2, division 2.3
and class 6, division 6.1;
(C) Radioactive materials requiring the use of a III bar label; or
(ii) When a truckload/carload shipment of supplies weighing 20,000 pounds or more, or a
shipment of less weight that occupies the full visible capacity of a railway car or motor
vehicle, is given to any carrier (common, contract, or private) for transportation to a
domestic destination (other than a port for export);
(2) Transmits the notice by rapid means to be received by the consignee transportation officer at
least 24 hours before the arrival of the shipment; and
(3) Send, to the receiving transportation officer, the bill of lading or letter or other document
containing the following information and prominently identified as a “Report of Shipment” or
“REPSHIP FOR T.O.”
RESHIP FOR T.O. 81 JUN 01
TRANSPORTATION OFFICER, DEFENSE DEPOT, MEMPHIS, TN.
SHIPPED YOUR DEPOT 1981 JUN 1
540 CTNS MENS COTTON TROUSERS, 30,240 LB, 1782 CUBE, VIA XX-YY*
IN CAR NO. XX 123456**-BL***-C98000031****CONTRACT DLA__________
ETA*****-JUNE 5 JONES & CO., JERSEY CITY N.J.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were
given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text
of a clause may be accessed electronically at this/these address(es):
For contract clauses which are contained in the Federal Acquisition Regulation (FAR) the address
is http://acquisition.gov/far/.
Number Title Clause/Provision
52.202-1 DEFINITIONS (JAN 2012) Clause
52.203-3 GRATUITIES (APR 1984) Clause
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER
FIBER CONTENT PAPER (MAY 2011)
Clause
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR
PERSONNEL (JAN 2011)
Clause
52.207-5 OPTION TO PURCHASE EQUIPMENT (FEB 1995) Clause
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (MAY 2012)
Clause
52.211-16 VARIATION IN QUANTITY (APR 1984) Clause
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS
(FEB 2012) (DEVIATION I -- FEB 2007)
Clause
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA
AND DATA OTHER THAN CERTIFIED COST OR PRICING
DATA--MODIFICATIONS (OCT 2010) (ALTERNATE IV - OCT
Clause
Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N
Page: 95 of 141
2010)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) Clause
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB
1997)
Clause
52.222-49 SERVICE CONTRACT ACT -- PLACE OF PERFORMANCE
UNKNOWN (MAY 1989)
Clause
52.222-6 DAVIS-BACON ACT (JUL 2005) Clause
52.222-7 WITHHOLDING OF FUNDS (FEB 1988) Clause
52.222-8 PAYROLLS AND BASIC RECORDS (JUN 2010) Clause
52.222-9 APPRENTICES AND TRAINEES (JUL 2005) Clause
52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) Clause
52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT
SYSTEMS (MAY 2011)
Clause
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS
UNDER SERVICE AND CONSTRUCTION CONTRACTS (JUL
2012)
Clause
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW
INFORMATION (MAY 2011)
Clause
52.224-1 PRIVACY ACT NOTIFICATION (APR 1984) Clause
52.224-2 PRIVACY ACT (APR 1984) Clause
52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN
1997)
Clause
52.229-1 STATE AND LOCAL TAXES (APR 1984) Clause
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(DEVIATION I - FEB 2007)
Clause
52.232-17 INTEREST (OCT 2010) (DEVIATION I - MAY 2003) Clause
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR
1984) (DEVIATION I - MAY 2003)
Clause
52.232-34 PAYMENT BY ELECTRONIC FUNDS TRANSFER--OTHER THAN
CENTRAL CONTRACTOR REGISTRATION (MAY 1999)
(DEVIATION I - FEB 2007)
Clause
52.232-36 PAYMENT BY THIRD PARTY (FEB 2010) (DEVIATION I - MAY
2003)
Clause
52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999) Clause
52.233-1 DISPUTES (JUL 2002) Clause
52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT,
AND VEGETATION (APR 1984)
Clause
52.237-3 CONTINUITY OF SERVICES (JAN 1991) Clause
52.242-13 BANKRUPTCY (JUL 1995) Clause
52.242-15 STOP-WORK ORDER (AUG 1989) Clause
52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)
(DEVIATION I - MAY 2003)
Clause
52.247-1 COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006) Clause
52.247-32 F.O.B. ORIGIN, FREIGHT PREPAID (FEB 2006) Clause
52.247-34 F.O.B. DESTINATION (NOV 1991) Clause
52.247-38 F.O.B. INLAND CARRIER, POINT OF EXPORTATION (FEB 2006) Clause
52.247-39 F.O.B. INLAND POINT, COUNTRY OF IMPORTATION (APR
1984)
Clause
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52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT CAR AND
TRAILER-ON-FLAT CAR (PIGGYBACK) SHIPMENTS
(DEVIATION I - OCT 1984)
Clause
52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE
SHIPMENTS (JAN 1991)
Clause
52.247-68 REPORT OF SHIPMENT (REPSHIP) (FEB 2006) Clause
552.211-73 MARKING (FEB 1996) Clause
552.211-75 PRESERVATION, PACKAGING, AND PACKING (FEB 1996)
(ALTERNATE I - MAY 2003)
Clause
552.211-77 PACKING LIST (FEB 1996) (ALTERNATE I - MAY 2003) Clause
552.212-70 PREPARATION OF OFFER (MULTIPLE AWARD SCHEDULE)
(AUG 1997)
Clause
552.229-71 FEDERAL EXCISE TAX--DC GOVERNMENT (SEP 1999) Clause
552.232-74 INVOICE PAYMENTS (SEP 1999) Clause
552.232-79 PAYMENT BY CREDIT CARD (MAY 2003) Clause
552.232-8 DISCOUNTS FOR PROMPT PAYMENT (APR 1989) (DEVIATION
FAR 52.232-8)
Clause
552.232-81 PAYMENTS BY NON-FEDERAL ORDERING ACTIVITIES (MAY
2003)
Clause
552.232-83 CONTRACTOR'S BILLING RESPONSIBILITIES (MAY 2003) Clause
552.238-73 CANCELLATION (SEP 1999) Clause
552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (SEP 1999)
(DEVIATION FAR 52.252-6)
Clause
C-FSS-412 CHARACTERISTICS OF ELECTRIC CURRENT (MAY 2000) Clause
D-FSS-471 MARKING AND DOCUMENTATION REQUIREMENTS PER
SHIPMENT (APR 1984)
Clause
D-FSS-477 TRANSSHIPMENTS (APR 1984) Clause
I-FSS-314 FOREIGN TAXES AND DUTIES (DEC 1990) Clause
I-FSS-594 PARTS AND SERVICE (OCT 1988) Clause
552.203-71 RESTRICTION ON ADVERTISING (SEP 1999)
The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a
manner as to state or imply that the product or service provided is endorsed or preferred by the White House,
the Executive Office of the President, or any other element of the Federal Government, or is considered by
these entities to be superior to other products or services. Any advertisement by the Contractor, including
price-off coupons, that refers to a military resale activity shall contain the following statement: "This
advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States
Government."
552.211-15 Defense Priorities and Allocations System Requirements
(SEP 2004)
(a)Definitions.
Approved program means a program determined to be necessary or appropriate for priorities and
allocation support to promote the national defense by the Secretary of Defense, the Secretary of Energy,
or the Department of Homeland Security Under Secretary for Emergency Preparedness and Response
under the authority of the Defense Production Act, the Stafford Act, and Executive Order 12919, or the
Selective Service Act and related statutes, and Executive Order 12742. See Schedule 1 of 15 CFR part
700 for a list of Delegate Agencies, approved programs, and program identification symbols at
http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm.
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Defense Priorities and Allocations System (DPAS)means the regulation published at 15 CFR part 700
that requires preferential treatment for certain contracts and orders placed by a Delegate Agency in
support of an approved program.
Delegate Agency means an agency of the U.S. Government authorized by delegation from the
Department of Commerce (DOC) to place priority ratings on contracts or orders needed to support
approved programs.
Rated order means, for the purpose of this contract, a delivery or task order issued in accordance with
the provisions of the DPAS regulation (15 CFR part 700).
(b)Rated Order Requirement.
From time to time, the Contractor may receive a rated order under this contract from a Delegate
Agency. The Contractor must give preferential treatment to rated orders as required by the Defense
Priorities and Allocations System (DPAS) regulation (15 CFR part 700). The existence of previously
accepted unrated or lower rated orders is not sufficient reason to reject a rated order. Rated orders take
preference over all unrated orders as necessary to meet required delivery dates. There are two levels of
ratings designated by the symbol of either “DO” or “DX.” All “DO” rated orders have equal priority
with each other and take preference over unrated orders. All “DX” rated orders have equal priority with
each other and take preference over “DO” rated orders and unrated orders. The rating designation is
followed by a program identification symbol. Program identification symbols indicate which approved
program is supported by the rated order (see Schedule 1 of 15 CFR part 700 for a list of Delegate
Agencies, approved programs, and program identification symbols).
(c)Additional information.
Additional information may be obtained at the DOC DPAS website
http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm or by contacting
the designated Administrative Contracting Officer.
552.211-73 MARKING (FEB 1996)
(a)General requirements. Interior packages, if any, and exterior shipping containers shall be marked as
specified elsewhere in the contract. Additional marking requirements may be specified on delivery
orders issued under the contract. If not otherwise specified, interior packages and exterior shipping
containers shall be marked in accordance with the following standards.
(1)Deliveries to civilian activities.Supplies shall be marked in accordance with Federal Standard
123, edition in effect on the date of issuance of the solicitation.
(2)Deliveries to military activities. Supplies shall be marked in accordance with Military
Standard 129, edition in effect on the date of issuance of the solicitation.
(b)Improperly marked material. When Government inspection and acceptance are at destination, and
delivered supplies are not marked in accordance with contract requirements, the Government has the
right, without prior notice to the Contractor to perform the required marking, by contract or otherwise,
and charge the Contractor, therefor at the rate specified elsewhere in this contract. This right is not
exclusive, and is in addition to other rights or remedies provided for in this contract.
552.211-75 PRESERVATION, PACKAGING, AND PACKING
(FEB 1996) (ALTERNATE I - MAY 2003)
Unless otherwise specified, all items shall be preserved, packaged, and packed in accordance with normal
commercial practices, as defined in the applicable commodity specification. Packaging and packing shall
comply with the requirements of the Uniform Freight Classification and the National Motor Freight
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Classification (issue in effect at time of shipment) and each shipping container of each item in a shipment
shall be of uniform size and content, except for residual quantities. Where special or unusual packing is
specified in an order, but not specifically provided for by the contract, such packing details must be the
subject of an agreement independently arrived at between the ordering activity and the Contractor.
552.211-77 PACKING LIST (FEB 1996) (ALTERNATE I – MAY
2003)
(a) A packing list or other suitable shipping document shall accompany each shipment and shall
indicate: (1) Name and address of consignor; (2) Name and complete address of consignee; (3)
Ordering activity order or requisition number; (4) Government bill of lading number covering the
shipment (if any); and (5) Description of the material shipped, including item number, quantity, number
of containers, and package number (if any).
(b) When payment will be made by Ordering activity commercial credit card, in addition to the
information in (a) above, the packing list or shipping document shall include: (1) Cardholder name and
telephone number; and (2) the term "Credit Card."
552.211-78 COMMERCIAL DELIVERY SCHEDULE (MULTIPLE
AWARD SCHEDULE) (FEB 1996)
(a) Time of Delivery. The Contractor shall deliver to destination within the number of calendar days
after receipt of order (ARO) in the case of F.O.B. Destination prices; or to place of shipment in transit
in the case of F.O.B. Origin prices, as set forth below. Offerors shall insert in the “Time of Delivery
(days ARO)” column in the schedule of Items a definite number of calendar days within which delivery
will be made. In no case shall the offered delivery time exceed the Contractor's normal commercial
practice. The Government requires the Contractor's normal commercial delivery time, as long as it is
less than the “stated” delivery time(s) shown below. If the Offeror does not insert a delivery time in the
schedule of items, the Offeror will be deemed to offer delivery in accordance with the Government's
stated delivery time, as stated below:
ITEMS OR GROUP OF ITEMS
(Special item No. or nomenclature)
GOVERNMENT STATED
DELIVERY TIME (Days ARO)
CONTRACTOR’S NORMAL
COMMERCIAL DELIVERY
TIME
FSC 49 - Maintenance and Repair
Shop Equipment
FSC 54 -
Pre-Engineered/Prefabricated
Buildings and Structures
No greater than the contractor's
normal commercial delivery time.
__________
FSC 54 - Above Ground Storage
Tanks & Fuel Mgmt Systems
FSC 56 - Building Materials
No greater than the contractor's
normal commercial delivery time.
__________
FSC 61 - Power Distribution
Equipment, Generators and
Batteries
FSC 39 - Warehouse Equipment
and Supplies
No greater than the contractor's
normal commercial delivery time.
__________
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(b) Expedited Delivery Times. For those items that can be delivered quicker than the delivery times in
paragraph (a), above, the Offeror is requested to insert below, a time (hours/days ARO) that delivery
can be made when expedited delivery is requested.
ITEM OR GROUP OF ITEMS
(Special Item No. of nomenclature)
Expedited Delivery Time
(Hours/Days ARO)
____________
____________
____________
(c) Overnight and 2-Day Delivery Times. Ordering activities may require overnight or 2—day
delivery. The Offeror is requested to annotate its price list or by separate attachment identify the items
that can be delivered overnight or within 2 days. Contractors offering such delivery services will be
required to state in the cover sheet to its FSS price list details concerning this service.
552.211-8 TIME OF DELIVERY (SEP 1999)
(a) The time of delivery for each item means the time required after receipt of an order (1) to make
delivery to a destination in the case of delivered prices, or (2) to place shipment in transit in the case of
f.o.b. origin prices.
(b) Delivery is required to be made at the point(s) specified within to be determined at the task order
level. days after receipt of order.
552.212-70 PREPARATION OF OFFER (MULTIPLE AWARD
SCHEDULE) (AUG 1997)
(a) Definitions.Concession, as used in this solicitation, means a benefit, enhancement or privilege
(other than a discount), which either reduces the overall cost of a customer’s acquisition or encourages
a customer to consummate a purchase. Concessions include, but are not limited to freight allowance,
extended warranty, extended price guarantees, free installation and bonus goods.
Discount, as used in this solicitation, means a reduction to catalog prices (published or unpublished).
Discounts include, but are not limited to, rebates, quantity discounts, purchase option credits, and any
other terms or conditions other than concessions) which reduce the amount of money a customer
ultimately pays for goods or services ordered or received. Any net price lower than the list price is
considered a “discount” by the percentage difference from the list price to the net price.
(b) For each Special Item Number (SIN) included in an offer, the Offeror shall provide the information
outlined in paragraph (c). Offerors may provide a single response covering more than one SIN, if the
information disclosed is the same for all products under each SIN. If discounts and concessions vary by
model or product line, offerors shall ensure that information is clearly annotated as to item or items
referenced.
(c) Provide information described below for each SIN:
(1) Two copies of the offeror’s current published (dated or otherwise identified) commercial
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descriptive catalogs and/or price list(s) from which discounts are offered. If special catalogs or
price lists are printed for the purpose of this offer, such descriptive catalogs or price lists shall
include a statement indicating the special catalog or price list represent a verbatim extract from
the Offeror’s commercial catalog and/or price list and identify the descriptive catalog and/or price
list from which the information has been extracted.
(2) Next to each offered item in the commercial catalog and/or price list, the Offeror shall write
the special item number (SIN) under which the item is being offered. Unless a special catalog or
price list is submitted, all other items shall be marked “excluded,” lined out, and initialed by the
offeror.
(3) The discount(s) offered under this solicitation. The description of discounts offered shall
include all discounts, such as prompt payment discounts, quantity/dollar volume discounts
(indicate whether models/products can be combined within the SIN or whether SINs can be
combined to earn discounts), blanket purchase agreement discounts, or purchase option credits. If
the terms of sale appearing in the commercial catalogs or price list on which an offer is based are
in conflict with the terms of this solicitation, the latter shall govern.
(4) A description of concessions offered under this solicitation which are not granted to other
customers. Such concessions may include, but are not limited to, an extended warranty, a
return/exchange goods policy, or enhanced or additional services.
(5) If the Offeror is a dealer/reseller or the Offeror will use dealers to perform any aspect of
contract awarded under this solicitation, describe the functions, if any, that the dealer/reseller will
perform.
552.212-71 CONTRACT TERMS AND CONDITIONS APPLICABLE
TO GSA ACQUISITION OF COMMERCIAL ITEMS (JUL 2003)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to
implement agency policy applicable to acquisition of commercial items or components. The provision or
clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless
otherwise stated herein. The following provisions and clauses are incorporated by reference:
Number Title Clause/Provision
552.203-71 RESTRICTION ON ADVERTISING (SEP 1999) Clause
552.215-71 EXAMINATION OF RECORDS BY GSA (MULTIPLE AWARD
SCHEDULE) (JUL 2003)
Clause
552.215-72 PRICE ADJUSTMENT--FAILURE TO PROVIDE ACCURATE
INFORMATION (AUG 1997)
Clause
552.229-70 FEDERAL, STATE, AND LOCAL TAXES (APR 1984) Clause
552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999) Clause
552.238-71 SUBMISSION AND DISTRIBUTION OF AUTHORIZED FSS
SCHEDULE PRICELISTS (SEP 1999) (DEVIATION I -- DEC 2004)
Clause
552.238-74 INDUSTRIAL FUNDING FEE AND SALES REPORTING (JUL
2003)
Clause
552.238-75 PRICE REDUCTIONS (MAY 2004) (ALTERNATE I - MAY 2003) Clause
552.243-72 MODIFICATIONS (MULTIPLE AWARD SCHEDULE) (JUL 2000)
(DEVIATION I - SEP 2010)
Clause
552.246-73 WARRANTY--MULTIPLE AWARD SCHEDULE (MAR 2000)
(ALTERNATE I -- MAY 2003)
Clause
552.212-72 CONTRACT TERMS AND CONDITIONS REQUIRED
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TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS
APPLICABLE TO GSA ACQUISITION OF COMMERCIAL ITEMS
(SEP 2003)
The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to
implement provisions of law or Executive Orders applicable to acquisition of commercial items or
components. The provision or clause in effect based on the applicable regulation cited on the date the
solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are
incorporated by reference:
Number Title Clause/Provision
552.223-70 HAZARDOUS SUBSTANCES (MAY 1989) Clause
552.223-71 NONCONFORMING HAZARDOUS MATERIALS (SEP 1999) Clause
552.238-70 IDENTIFICATION OF ELECTRONIC OFFICE EQUIPMENT
PROVIDING ACCESSIBILITY FOR THE HANDICAPPED (SEP
1991)
Clause
552.238-72 IDENTIFICATION OF PRODUCTS THAT HAVE
ENVIRONMENTAL ATTRIBUTES (SEP 2003)
Clause
552.215-71 EXAMINATION OF RECORDS BY GSA (MULTIPLE
AWARD SCHEDULE) (JUL 2003)
The Contractor agrees that the Administrator of General Services or any duly authorized representative shall
have access to and the right to examine any books, documents, papers and records of the Contractor involving
transactions related to this contract for overbillings, billing errors, compliance with the Price Reduction
clause and compliance with the Industrial Funding Fee and Sales Reporting clause of this contract. This
authority shall expire 3 years after final payment. The basic contract and each option shall be treated as
separate contracts for purposes of applying this clause.
552.215-72 PRICE ADJUSTMENT—FAILURE TO PROVIDE
ACCURATE INFORMATION (AUG 1997)
(a) The Government, at its election, may reduce the price of this contract or contract modification if the
Contracting Officer determines after award of this contract or contract modification that the price
negotiated was increased by a significant amount because the Contractor failed to:
(1) provide information required by this solicitation/contract or otherwise requested by the
Government; or
(2) submit information that was current, accurate, and complete; or
(3) disclose changes in the Contractor’s commercial pricelist(s), discounts or discounting policies
which occurred after the original submission and prior to the completion of negotiations.
(b) The Government will consider information submitted to be current, accurate and complete if the
data is current, accurate and complete as of 14 calendar days prior to the date it is submitted.
(c) If any reduction in the contract price under this clause reduces the price for items for which payment
was made prior to the date of the modification reflecting the price reduction, the Contractor shall be
liable to and shall pay the United States—
(1) The amount of the overpayment; and
(2) Simple interest on the amount of such overpayment to be computed from the date(s) of
overpayment to the Contractor to the date the Government is repaid by the Contractor at the
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applicable underpayment rate effective each quarter prescribed by the Secretary of Treasury
under 26 U.S.C. 6621(a)(2).
(d) Failure to agree on the amount of the decrease shall be resolved as a dispute.
(e) In addition to the remedy in paragraph (a) of this clause, the Government may terminate this
contract for default. The rights and remedies of the Government specified herein are not exclusive, and
are in addition to any other rights and remedies provided by law or under this contract.
552.216-70 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE
AWARD SCHEDULE CONTRACTS (SEP 1999)
(ALTERNATE I—SEP 1999) (DEVIATION I -- APR 2007)
Price adjustments include price increases and price decreases. Adjustments will be considered as
follows:
(a) Contractors shall submit price decreases anytime during the contract period in which they
occur. Price decreases will be handled in accordance with the provisions of the Price
Reduction Clause.
(b) Contractors may request price increases providing all of the following conditions are met:
(1) Increases resulting from a reissue or other modification of the Contractor's
commercial catalog/pricelist that was used as the basis for the contract award.
(2) Increases are requested before the last 60 days of the contract period.
(3) At least 30 days elapse between requested increases.
(c) The following material shall be submitted with the request for a price increase:
(1) A copy of the commercial catalog/pricelist showing the price increase and the
effective date for commercial customers.
(2) Commercial Sales Practice format regarding the Contractor's commercial pricing
practice relating to the reissued or modified catalog/pricelist, or a certification that no
change has occurred in the data since completion of the initial negotiation or a
subsequent submission.
(3) Documentation supporting the reasonableness of the price increase.
(d) The Government reserves the right to exercise one of the following options:
(1) Accept the Contractor's price increases as requested when all conditions of (b), (c),
and (d) of this clause are satisfied;
(2) Negotiate more favorable discounts from the new commercial prices when the total
increase requested is not supported; or,
(3) Remove the product(s) from contract involved pursuant to the Cancellation Clause
of this contract, when the increase requested is not supported.
(e)The contract modification reflecting the price adjustment shall be made effective upon signature of the
Contracting Officer, provided that in no event shall such price adjustment be effective prior to the effective
date of the commercial price increases. The increased contract prices shall apply to delivery orders issued
to the Contractor on or after the effective date of the contract modification.
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552.216-72 PLACEMENT OF ORDERS (AUG 2010)
(a) Delivery orders (orders) will be placed by:
Eligible Ordering Activities
(b) Orders may be placed through Electronic Data Interchange (EDI) or mailed in paper form. EDI
orders shall be placed using the American National Standards Institute (ANSI) X12 Standard for
Electronic Data Interchange (EDI) format.
(c) If the Contractor agrees, General Services Administration’s Federal Acquisition Service (FAS) will
place all orders by EDI using computer-to-computer EDI. If computer-to-computer EDI is not possible,
FAS will use an alternative EDI method allowing the Contractor to receive orders by facsimile
transmission. Subject to the Contractor’s agreement, other agencies may place orders by EDI.
(d) When computer-to-computer EDI procedures will be used to place orders, the Contractor shall enter
into one or more Trading Partner Agreements (TPA) with each Federal agency placing orders
electronically in order to ensure mutual understanding by the parties of certain electronic transaction
conventions and to recognize the rights and responsibilities of the parties as they apply to this method
of placing orders. The TPA must identify, among other things, the third party provider(s) through which
electronic orders are placed, the transaction sets used, security procedures, and guidelines for
implementation. Federal agencies may obtain a sample format to customize as needed from the office
specified in (g) below.
(e) The Contractor shall be responsible for providing its own hardware and software necessary to
transmit and receive data electronically. Additionally, each party to the TPA shall be responsible for the
costs associated with its use of third party provider services.
(f) Nothing in the TPA will invalidate any part of this contract between the Contractor and the General
Services Administration. All terms and conditions of this contract that otherwise would be applicable to
a mailed order shall apply to the electronic order.
(g) The basic content and format of the TPA will be provided by:
General Services Administration
Office of the Chief Information Officer (QI),
2100 Crystal Drive,
Arlington, VA 22202
Telephone: (703) 605-9444
552.223-70 HAZARDOUS SUBSTANCES (MAY 1989)
(a) If the packaged items to be delivered under this contract are of a hazardous substance and ordinarily
are intended or considered to be for use as a household item, this contract is subject to the Federal
Hazardous Substances Act, as amended (15 U.S.C. 1261-1276), implementing regulations thereof (16
CFR Chapter II(c)), and Federal Standard No. 123, Marking for Shipment (Civil Agencies), issue in
effect on the date of this solicitation.
(b) The packaged items to be delivered under this contract are subject to the preparation of shipping
documents, the preparation of items for transportation, shipping container construction, package
making, package labeling, when required, shipper's certification of compliance, and transport vehicle
placarding in accordance with Parts 171 through 178 of 49 CFR and the Hazardous Materials
Transportation Act.
(c) The minimum packaging acceptable for packaging Department of Transportation regulated
hazardous materials shall be those in 49 CFR 173.
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552.223-71 NONCONFORMING HAZARDOUS MATERIALS
(SEP 1999)
(a) Nonconforming supplies that contain hazardous material or that may expose persons who handle or
transport the supplies to hazardous material and which require replacement under the inspection and/or
warranty clauses of this contract shall be reshipped to the Contractor at the Contractor's expense. The
Contractor agrees to accept return of these nonconforming supplies and to pay all costs occasioned by
their return.
(b) "Hazardous materials," as used in this clause, includes any material defined as hazardous under the
latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(c) If the Contractor fails to provide acceptable disposition instructions for the nonconforming supplies
within 10 days from the date of the Government's request (or such longer period as may be agreed to
between the Contracting Officer and the Contractor), or fails to accept return of the reshipped
nonconforming supplies, such failure: (1) may be interpreted as a willful failure to perform, (2) may
result in termination of the contract for default and (3) shall be considered by the Contracting Officer in
determining the responsibility of the Contractor for any future award (see FAR 9.104-3(b) and 9.406-2).
(d) Pending final resolution of any dispute, the Contractor shall promptly comply with the decision of
the Contracting Officer.
552.229-70 FEDERAL, STATE, AND LOCAL TAXES (APR 1984)
The contract price includes all applicable Federal, State, and local taxes. No adjustment will be made to cover
taxes which may subsequently be imposed on this transaction or changes in the rates of currently applicable
taxes. However, the Government will, upon the request of the Contractor, furnish evidence appropriate to
establish exemption from any tax from which the Government is exempt and which was not included in the
contract price.
552.229-71 FEDERAL EXCISE TAX—DC GOVERNMENT
(SEP 1999)
If the District of Columbia cites an Internal Revenue Tax Exempt Certificate Number on orders placed under
this contract, the Contractor shall bill shipments to the District of Columbia at prices exclusive of Federal
excise tax and show the amount of such tax on the invoice.
552.232-23 ASSIGNMENT OF CLAIMS (SEP 1999)
Because this is a requirements or indefinite quantity contract under which more than one agency may place
orders, paragraph (a) of the Assignment of Claims clause (FAR 52.232-23) is inapplicable and the following
is substituted therefor:
In order to prevent confusion and delay in making payment, the Contractor shall not assign any claim(s) for
amounts due or to become due under this contract. However, the Contractor is permitted to assign separately
to a bank, trust company, or other financial institution, including any Federal lending agency, under the
provisions of the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred
to as "the Act"), all amounts due or to become due under any order amounting to $1,000 or more issued by
any Government agency under this contract. Any such assignment takes effect only if and when the assignee
files written notice of the assignment together with a true copy of the instrument of assignment with the
contracting officer issuing the order and the finance office designated in the order to make payment. Unless
otherwise stated in the order, payments to an assignee of any amounts due or to become due under any order
assigned may, to the extent specified in the Act, be subject to reduction or set-off.
552.232-74 INVOICE PAYMENTS (SEP 1999)
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(a) The due date for making invoice payments by the designated payment office is:
(1) For orders placed electronically by the General Services Administration (GSA) Federal
Supply Service (FSS), and to be paid by GSA through electronic funds transfer (EFT), the later of
the following two events:
(i) The 10th day after the designated billing office receives a proper invoice from the
Contractor. If the designated billing office fails to annotate the invoice with the date of
receipt at the time of receipt, the invoice payment due date shall be the 10th day after the
date of the Contractor's invoice; provided the Contractor submitted a proper invoice and
no disagreement exists over quantity, quality, or Contractor compliance with contract
requirements.
(ii) The 10th day after Government acceptance of supplies delivered or services
performed by the Contractor.
(2) For all other orders, the later of the following two events:
(i) The 30th day after the designated billing office receives a proper invoice from the
Contractor. If the designated billing office fails to annotate the invoice with the date of
receipt at the time of receipt, the invoice payment due date shall be the 30th day after the
date of the Contractor's invoice; provided the Contractor submitted a proper invoice and
no disagreement exists over quantity, quality, or Contractor compliance with contract
requirements.
(ii) The 30th day after Government acceptance of supplies delivered or services
performed by the Contractor.
(3) On a final invoice, if the payment amount is subject to contract settlement actions, acceptance
occurs on the effective date of the contract settlement.
(b) The General Services Administration will issue payment on the due date in (a)(1) above if the
Contractor complies with full cycle electronic commerce. Full cycle electronic commerce includes all
the following elements:
(1) The Contractor must receive and fulfill electronic data interchange (EDI) purchase orders
(transaction set 850).
(2) The Contractor must generate and submit to the Government valid EDI invoices (transaction
set 810) or submit invoices through the GSA Finance Center Internet-based invoice process.
Internet-based invoices must be submitted using procedures provided by GSA.
(3) The Contractor's financial institution must receive and process, on behalf of the Contractor,
EFT payments through the Automated Clearing House (ACH) system.
(4) The EDI transaction sets in (b)(1) through (b)(3) above must adhere to implementation
conventions provided by GSA.
(c) If any of the conditions in (b) above do not occur, the 10 day payment due dates in (a)(1) become
30 day payment due dates.
(d) Notwithstanding paragraph (g) of the clause at FAR 52.212-4, Contract Terms and
Conditions--Commercial Items, if the Contractor submits hard-copy invoices, submit only an original
invoice. No copies of the invoice are required.
(e) All other provisions of the Prompt Payment Act (31 U.S.C. 3901 et seq.) and Office of Management
and Budget (OMB) Circular A-125, Prompt Payment, apply.
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552.232-79 PAYMENT BY CREDIT CARD (MAY 2003)
(a) Definitions.
“Credit card” means any credit card used to pay for purchases, including the Governmentwide
Commercial Purchase Card.
“Governmentwide commercial purchase card” means a uniquely numbered credit card issued by a
contractor under GSA's Governmentwide Contract for Fleet, Travel, and Purchase Card Services to
named individual Government employees or entities to pay for official Government purchases.
“Oral order” means an order placed orally either in person or by telephone.
(b) The Contractor must accept the credit card for payments equal to or less than the micro-purchase
threshold (see Federal Acquisition Regulation 2.101) for oral or written orders under this contract.
(c) The Contractor and the ordering agency may agree to use the credit card for dollar amounts over the
micro-purchase threshold, and the Government encourages the Contractor to accept payment by the
purchase card. The dollar value of a purchase card action must not exceed the ordering agency's
established limit. If the Contractor will not accept payment by the purchase card for an order exceeding
the micro-purchase threshold, the Contractor must so advise the ordering agency within 24 hours of
receipt of the order.
(d) The Contractor shall not process a transaction for payment through the credit card clearinghouse
until the purchased supplies have been shipped or services performed.
Unless the cardholder requests correction or replacement of a defective or faulty item under other
contract requirements, the Contractor must immediately credit a cardholder's account for items returned
as defective or faulty.
(e) Payments made using the Governmentwide commercial purchase card are not eligible for any
negotiated prompt payment discount. Payment made using an ordering activity debit card will receive
the applicable prompt payment discount.
552.232-8 DISCOUNTS FOR PROMPT PAYMENT (APR 1989)
(DEVIATION FAR 52.232-8)
(a) Discounts for early payment (hereinafter referred to as "discounts" or "the discount") will be
considered in evaluating the relationship of the offeror's concessions to the Government vis-a-vis the
offeror's concessions to its commercial customers, but only to the extent indicated in this clause.
(b) Discounts will not be considered to determine the low offeror in the situation described in the
"Offers on Identical Products" provision of this solicitation.
(c) Uneconomical discounts will not be considered as meeting the criteria for award established by the
Government. In this connection, a discount will be considered uneconomical if the annualized rate of
return for earning the discount is lower than the "value of funds" rate established by the Department of
the Treasury and published quarterly in the Federal Register. The "value of funds" rate applied will be
the rate in effect on the date specified for the receipt of offers.
(d) Agencies required to use the resultant schedule will not apply the discount in determining the lowest
delivered price pursuant to the FPMR, 41 CFR 101-26.408, if the agency determines that payment will
probably not be made within the discount period offered. The same is true if the discount is considered
uneconomical at the time of placement of the order.
(e) Discounts for early payment may be offered either in the original offer or on individual invoices
submitted under the resulting contract. Discounts offered will be taken by the Government if payment is
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made within the discount period specified.
(f) Discounts that are included in offers become a part of the resulting contracts and are binding on the
Contractor for all orders placed under the contract. Discounts offered only on individual invoices will
be binding on the Contractor only for the particular invoice on which the discount is offered.
(g) In connection with any discount offered for prompt payment, time shall be computed from the date
of the invoice. For the purpose of computing the discount earned, payment shall be considered to have
been made on the date which appears on the payment check or the date on which an electronic funds
transfer was made.
552.232-81 PAYMENTS BY NON-FEDERAL ORDERING
ACTIVITIES (MAY 2003)
If eligible non-federal ordering activities are subject to a State prompt payment law, the terms and conditions
of the applicable State law apply to the orders placed under this contract by such activities. If eligible
non-federal ordering activities are not subject to a State prompt payment law, the terms and conditions of the
Federal Prompt Payment Act as reflected in Federal Acquisition Regulation clause 52.232-25, Prompt
Payment, or 52.212-4, Contract Terms and Conditions—Commercial Items, apply to such activities in the
same manner as to Federal ordering activities.
552.232-83 CONTRACTOR’S BILLING RESPONSIBILITIES (MAY
2003)
The Contractor is required to perform all billings made pursuant to this contract. However, if the Contractor
has dealers that participate on the contract and the billing/payment process by the Contractor for sales made
by the dealer is a significant administrative burden, the following alternative procedures may be used. Where
dealers are allowed by the Contractor to bill ordering activities and accept payment in the Contractor’s name,
the Contractor agrees to obtain from all dealers participating in the performance of the contract a written
agreement, which will require dealers to—
(1) Comply with the same terms and conditions regarding prices as the Contractor for sales made under
the contract;
(2) Maintain a system of reporting sales under the contract to the manufacturer, which includes—
(i) The date of sale;
(ii) The ordering activity to which the sale was made;
(iii) The service or product/model sold;
(iv) The quantity of each service or product/model sold;
(v) The price at which it was sold, including discounts; and
(vi) All other significant sales data.
(3) Be subject to audit by the Government, with respect to sales made under the contract; and
(4) Place orders and accept payments in the name of the Contractor in care of the dealer.
An agreement between a Contractor and its dealers pursuant to this procedure will not establish privity of
contract between dealers and the Government.
552.238-70 IDENTIFICATION OF ELECTRONIC OFFICE
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EQUIPMENT PROVIDING ACCESSIBILITY FOR THE
HANDICAPPED (SEP 1991)
(a)Definitions. "Electronic office equipment accessibility" means the application/configuration of
electronic office equipment (includes hardware, software, and firmware) in a manner that
accommodates the functional limitations of individuals with disabilities (i.e., handicapped individuals)
so as to promote productivity and provide access to work related and/or public information resources.
"Handicapped individuals" mean qualified individuals with impairments as cited in 29 CFR 1613.702(f)
who can benefit from electronic office equipment accessibility.
"Special peripheral" means a special needs aid that provides access to electronic equipment that is
otherwise inaccessible to a handicapped individual.
(b) The offeror is encouraged to identify in its offer, and include in any commercial catalogs and
pricelists accepted by the Contracting Officer, office equipment, including any special peripheral, that
will facilitate electronic office equipment accessibility for handicapped individuals. Identification
should include the type of disability accommodated and how the users with that disability would be
helped.
552.238-71 SUBMISSION AND DISTRIBUTION OF AUTHORIZED
FSS SCHEDULE PRICELISTS (SEP 1999) (DEVIATION DEC 2004)
(a) The Contracting Officer will return one copy of the Authorized FSS Schedule Pricelist to the
Contractor with the notification of contract award.
(b) The Contractor shall provide to the GSA Contracting Officer:
(1) Two paper copies of the Authorized FSS Schedule Pricelist; and
(2) The Authorized FSS Schedule Pricelist on a common-use electronic medium.
(c) The Contracting Officer will provide detailed instructions for the electronic submission with the
award notification. Some structured data entry in a prescribed format may be required.
(d) During the period of the contract, the Contractor shall provide one copy of its Authorized FSS
Schedule Pricelist to any authorized Schedule user, upon request.
552.238-72 IDENTIFICATION OF PRODUCTS THAT HAVE
ENVIRONMENTAL ATTRIBUTES (SEP 2003)
(a) Several laws, Executive orders and Agency directives require Federal buyers to purchase products
that are less harmful to the environment, when they are life cycle cost-effective (see FAR Subpart 23.7).
The U.S. General Services Administration (GSA) requires contractors to highlight environmental
products under Federal Supply Service schedule contracts in various communications media (e.g.,
publications and electronic formats).
(b) Definitions. As used in this clause —
Energy-efficient product means a product that—
(1) Meets Department of Energy and Environmental Protection Agency criteria for use of the
ENERGY STAR [reg] trademark label; or
(2) Is in the upper 25 percent of efficiency for all similar products as designated by the
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Department of Energy’s Federal Energy Management Program.
GSA Advantage!®is an on-line shopping mall and ordering system that provides customers with access
to products and services under GSA contracts.
Other environmental attributes refers to product characteristics that provide environmental benefits,
excluding recovered materials and energy and water efficiency. Several examples of these
characteristics are biodegradable, recyclable, reduced pollutants, ozone safe, and low volatile organic
compounds (VOCs).
Post-consumer material means a material or finished product that has served its intended use and has
been discarded for disposal or recovery, having completed its life as a consumer item. Post-consumer
material is part of the broader category of “recovered material.” The Environmental Protection Agency
(EPA) has developed a list of EPA-designated products in their Comprehensive Procurement
Guidelines (CPGs) to provide Federal agencies with purchasing recommendations on specific products
in a Recovered Materials Advisory Notice (RMAN). The RMAN contains recommended recovered and
post-consumer material content levels for the specific products designated by EPA (40 CFR part 247
and http://www.epa.gov/cpg/).
Recovered materials means waste materials and by-products recovered or diverted from solid waste, but
the term does not include those materials and by-products generated from, and commonly reused
within, an original manufacturing process (Executive Order 13101 and 42 U.S.C. 6903 (19) and
http://www.epa.gov/cpg/). For paper and paper products, see the definition at FAR 11.301 (42 U.S.C.
6962 (h)).
Remanufactured means factory rebuilt to original specifications.
Renewable energy means energy produced by solar, wind, geothermal, and biomass power.
Renewable energy technology means—
(1) Technologies that use renewable energy to provide light, heat, cooling, or mechanical or
electrical energy for use in facilities or other activities; or
(2) The use of integrated whole-building designs that rely upon renewable energy resources,
including passive solar design.
(c) (1) The offeror must identify products that—
(i) Are compliant with the recovered and post-consumer material content levels
recommended in the Recovered Materials Advisory Notices (RMANs) for
EPA-designated products in the CPG program (http://www.epa.gov/cpg/);
(ii) Contain recovered materials that either do not meet the recommended levels in the
RMANs or are not EPA-designated products in the CPG program (see FAR 23.401 and
http://www.epa.gov/cpg/);
(iii) Are energy-efficient, as defined by either ENERGY STAR [reg] and/or FEMP’s
designated top 25th percentile levels (see ENERGY STAR [reg] at
http://www.energystar.gov/ and FEMP at http://www.eere.energy.gov/);
(iv) Are water-efficient;
(v) Use renewable energy technology;
(vi) Are remanufactured; and
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(vii) Have other environmental attributes.
(2) These identifications must be made in each of the offeror’s following mediums:
(i) The offer itself.
(ii) Printed commercial catalogs, brochures, and pricelists.
(iii) Online product website.
(iv) Electronic data submission for GSA Advantage!®submitted via GSA’s Schedules
Input Program (SIP) software or the Electronic Data Inter-change (EDI). Offerors can use
the SIP or EDI methods to indicate environmental and other attributes for each product
that is translated into respective icons in GSA Advantage!®.
(d) An offeror, in identifying an item with an environmental attribute, must possess evidence or rely on
a reasonable basis to substantiate the claim (see 16 CFR part 260, Guides for the Use of Environmental
Marketing Claims). The Government will accept an offeror’s claim of an item’s environmental attribute
on the basis of—
(1) Participation in a Federal agency-sponsored program (e.g., the EPA and DOE ENERGY
STAR [reg] product labeling program);
(2) Verification by an independent organization that specializes in certifying such claims; or
(3) Possession of competent and reliable evidence. For any test, analysis, research, study, or other
evidence to be “competent and reliable,” it must have been conducted and evaluated in an
objective manner by persons qualified to do so, using procedures generally accepted in the
profession to yield accurate and reliable results.
552.238-73 CANCELLATION (SEP 1999)
Either party may cancel this contract in whole or in part by providing written notice. The cancellation will
take effect 30 calendar days after the other party receives the notice of cancellation. If the Contractor elects to
cancel this contract, the Government will not reimburse the minimum guarantee.
552.238-74 INDUSTRIAL FUNDING FEE AND SALES REPORTING
(JUL 2003)
(a) Reporting of Federal Supply Schedule Sales. The Contractor shall report all contract sales under this
contract as follows:
(1) The Contractor shall accurately report the dollar value, in U.S. dollars and rounded to the
nearest whole dollar, of all sales under this contract by calendar quarter (January 1-March 31,
April 1-June 30, July 1-September 30, and October 1-December 31). The dollar value of a sale is
the price paid by the Schedule user for products and services on a Schedule task or delivery order.
The reported contract sales value shall include the Industrial Funding Fee (IFF). The Contractor
shall maintain a consistent accounting method of sales reporting, based on the Contractor’s
established commercial accounting practice. The acceptable points at which sales may be
reported include--
(i) Receipt of order;
(ii) Shipment or delivery, as applicable;
(iii) Issuance of an invoice; or
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(iv) Payment.
(2) Contract sales shall be reported to FSS within 30 calendar days following the completion of
each reporting quarter. The Contractor shall continue to furnish quarterly reports, including
“zero” sales, through physical completion of the last outstanding task order or delivery order of
the contract.
(3) Reportable sales under the contract are those resulting from sales of contract items to
authorized users unless the purchase was conducted pursuant to a separate contracting authority
such as a Governmentwide Acquisition Contract (GWAC); a separately awarded FAR Part 12,
FAR Part 13, FAR Part 14, or FAR Part 15 procurement; or a non-FAR contract. Sales made to
state and local governments under Cooperative Purchasing authority shall be counted as
reportable sales for IFF purposes.
(4) The Contractor shall electronically report the quarterly dollar value of sales, including “zero”
sales, by utilizing the automated reporting system at an Internet website designated by the
General Services Administration’s (GSA) Federal Supply Service (FSS). Prior to using this
automated system, the Contractor shall complete contract registration with the FSS Vendor
Support Center (VSC). The website address, as well as registration instructions and reporting
procedures, will be provided at the time of award. The Contractor shall report sales separately for
each National Stock Number (NSN), Special Item Number (SIN), or sub-item.
(5) The Contractor shall convert the total value of sales made in foreign currency to U.S. dollars
using the “Treasury Reporting Rates of Exchange” issued by the U.S. Department of Treasury,
Financial Management Service. The Contractor shall use the issue of the Treasury report in effect
on the last day of the calendar quarter. The report is available from Financial Management
Service, International Funds Branch, Telephone: (202) 874-7994, Internet:
http://www.fms.treas.gov/intn.html.
(b) The Contractor shall remit the IFF at the rate set by GSA’s FSS.
(1) The Contractor shall remit the IFF to FSS in U.S. dollars within 30 calendar days after the end
of the reporting quarter; final payment shall be remitted within 30 days after physical completion
of the last outstanding task order or delivery order of the contract.
(2) The IFF represents a percentage of the total quarterly sales reported. This percentage is set at
the discretion of GSA’s FSS. GSA’s FSS has the unilateral right to change the percentage at any
time, but not more than once per year. FSS will provide reasonable notice prior to the effective
date of the change. The IFF reimburses FSS for the costs of operating the Federal Supply
Schedules Program and recoups its operating costs from ordering activities. Offerors must include
the IFF in their prices. The fee is included in the award price(s) and reflected in the total amount
charged to ordering activities. FSS will post notice of the current IFF at http://72a.fss.gsa.gov/ or
successor website as appropriate.
(c) Within 60 days of award an FSS representative will provide the Contractor with specific written
procedural instructions on remitting the IFF. FSS reserves the unilateral right to change such
instructions from time to time, following notification to the Contractor.
(d) Failure to remit the full amount of the IFF within 30 calendar days after the end of the applicable
reporting period constitutes a contract debt to the United States Government under the terms of FAR
Subpart 32.6. The Government may exercise all rights under the Debt Collection Improvement Act of
1996, including withholding or setting off payments and interest on the debt (see FAR clause
52.232-17, Interest). Should the Contractor fail to submit the required sales reports, falsify them, or fail
to timely pay the IFF, this is sufficient cause for the Government to terminate the contract for cause.
Note: Regulation 552.238-74
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*All GSA MAS sales transactions, to include DoD eMALL, are subject to GSA sales
reporting and IFF remittance
In order to ensure all potential offerors are properly calculating the required Industrial
Funding Fee (IFF) the following method will be utilized:
Negotiated price divided by (1 minus the IFF rate)
If the IFF rate is 0.75%, then 1 - 0.75% = 1 - 0.0075 = 0.9925. The Schedule contract
award price is calculated as the negotiated price divided by 0.9925.
Example. If the negotiated price is $100,000.00 and the approved basic discount is 10% for
the item in question, the proper way to calculate the Schedule contract price charged to the
customer (assuming an IFF rate of 0.75%) is:
$100,000 x (1-.10) = $90,000
Then apply back the IFF:
$90,000 / 0.9925 = $90,680.10
IFF amount: $680.10
552.238-75 PRICE REDUCTIONS (MAY 2004) (ALTERNATE I -
MAY 2003)538.273(b)(2)
(a) Before award of a contract, the Contracting Officer and the Offeror will agree upon (1) the customer
(or category of customers) which will be the basis of award, and (2) the Government's price or discount
relationship to the identified customer (or category of customers). This relationship shall be maintained
throughout the contract period. Any change in the Contractor's commercial pricing or discount
arrangement applicable to the identified customer (or category of customers) which disturbs this
relationship shall constitute a price reduction.
(b) During the contract period, the Contractor shall report to the Contracting Officer all price reductions
to the customer (or category of customers) that was the basis of award. The Contractor's report shall
include an explanation of the conditions under which the reductions were made.
(c) (1) A price reduction shall apply to purchases under this contract if, after the date negotiations
conclude, the Contractor —
(i) Revises the commercial catalog, pricelist, schedule or other document upon which
contract award was predicated to reduce prices;
(ii) Grants more favorable discounts or terms and conditions than those contained in the
commercial catalog, pricelist, schedule or other documents upon which contract award
was predicated; or
(iii) Grants special discounts to the customer (or category of customers) that formed the
basis of award, and the change disturbs the price/discount relationship of the Government
to the customer (or category of customers) that was the basis of award.
(2) The Contractor shall offer the price reduction to the eligible ordering activities with the same
effective date, and for the same time period, as extended to the commercial customer (or category
of customers).
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(d) There shall be no price reduction for sales —
(1) To commercial customers under firm, fixed-price definite quantity contracts with specified
delivery in excess of the maximum order threshold specified in this contract;
(2) To eligible ordering activities under this contract;
(3) Made to State and local government entities when the order is placed under this contract (and
the State and local government entity is the agreed upon customer or category of customer that is
the basis of award); or
(4) Caused by an error in quotation or billing, provided adequate documentation is furnished by
the Contractor to the Contracting Officer.
(e) The Contractor may offer the Contracting Officer a voluntary Governmentwide price reduction at
any time during the contract period.
(f) The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as
soon as possible, but not later than 15 calendar days after its effective date.
(g) The contract will be modified to reflect any price reduction which becomes applicable in accordance
with this clause.
Note: In accordance with GSAR clause 552.238-78 Scope of Contract (Eligible Ordering
Activities)(Alternate I)(a)(2) and GSAR clause 552.238-75 Price Reductions(Alternate I)(d)(2), there
shall be no price reduction for sales made under the authority of the Federal Acquisition Regulation
(FAR) Part 51 class deviation. With written authorization by a Federal Government contracting officer,
a GSA contractor may place an order as an eligible ordering activity with a Schedule contractor. In this
case, the Schedule contract sale shall not trigger a price reduction.
Note: Regulation 552.238-75
Note: In accordance with GSAR clause 552.238-78 Scope of Contract (Eligible Ordering
Activities)(Alternate I)(a)(2) and GSAR clause 552.238 75 Price Reductions(Alternate
I)(d)(2), there shall be no price reduction for sales made under the authority of the Federal
Acquisition Regulation
(FAR) Part 51 class deviation. With written authorization by a Federal Government
contracting officer, a GSA contractor may place an order as an eligible ordering activity
with a Schedule contractor. In this case, the Schedule contract sale shall not trigger a price
reduction.
552.238-76 Definition (Federal Supply Schedules)--Recovery
Purchasing (FEB 2007)
Ordering activity (also called ``ordering agency'' and ``ordering office'') means an eligible ordering activity
(see 552.238-78, Alternate I) authorized to place orders under Federal Supply Schedule contracts.
552.238-78 SCOPE OF CONTRACT (ELIGIBLE ORDERING
ACTIVITIES) (SEP 2008) (ALTERNATE I — FEB 2007)
(a) This solicitation is issued to establish contracts which may be used on a nonmandatory basis by the
agencies and activities named below, as a source of supply for the supplies or services described herein,
for domestic delivery.
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(1) Executive agencies (as defined in Federal Acquisition Regulation Subpart 2.1) including
nonappropriated fund activities as prescribed in 41 CFR 101-26.000;
(2) Government contractors authorized in writing by a Federal agency pursuant to Federal
Acquisition Regulation Subpart 51.1;
(3) Mixed ownership Government corporations (as defined in the Government Corporation
Control Act);
(4) Federal Agencies, including establishments in the legislative or judicial branch of government
(except the Senate, the House of Representatives and the Architect of the Capitol and any
activities under the direction of the Architect of the Capitol);
(5) The District of Columbia;
(6) Tribal governments when authorized under 25 U.S.C. 450j(k);
(7) Qualified Nonprofit Agencies as authorized under 40 U.S.C. 502(b); and
(8) Organizations, other than those identified in paragraph (d) of this clause, authorized by GSA
pursuant to statute or regulation to use GSA as a source of supply.
(b) Definitions.
Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico,
Washington, DC, and U.S. territories. Domestic delivery also includes a port or consolidation point,
within the aforementioned areas, for orders received from overseas activities.
Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska,
Hawaii, Puerto Rico, and U.S. territories.
(c) Offerors are requested to check one of the following boxes:
______ Contractor will provide domestic and overseas delivery.
______ Contractor will provide overseas delivery only.
______ Contractor will provide domestic delivery only.
(d) The following activities may place orders against Federal Supply Schedules for products and
services determined by the Secretary of Homeland Security to facilitate recovery from major disasters,
terrorism, or nuclear, biological, chemical, or radiological attack, on an optional basis; PROVIDED, the
Contractor accepts order(s) from such activities: State and local government entities, includes any state,
local, regional or tribal government or any instrumentality thereof (including any local educational
agency or institution of higher learning).
State and local government entities, means the states of the United States, counties, municipalities,
cities, towns, townships, tribal governments, public authorities (including public or Indian housing
agencies under the United States Housing Act of 1937), school districts, colleges and other institutions
of higher education, council of governments (incorporated or not), regional or interstate government
entities, or any agency or instrumentality of the preceding entities (including any local educational
agency or institution of higher education), and including legislative and judicial departments. The term
does not include contractors of, or grantees of, State or local governments.
(1)Local educational agency has the meaning given that term in section 8013 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 7713).
(2)Institution of higher education has the meaning given that term in section 101(a) of the Higher
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Education Act of 1965 (20 U.S.C. 1001(a)).
(3)Tribal government means—
(i) The governing body of any Indian tribe, band, nation, or other organized group or
community located in the continental United States (excluding the State of Alaska) that is
recognized as eligible for the special programs and services provided by the United States
to Indians because of their status as Indians; and
(ii) Any Alaska Native regional or village corporation established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(e) Articles or services may be ordered from time to time in such quantities as may be needed to fill any
requirement, subject to the Order Limitations thresholds which will be specified in resultant contracts.
Overseas activities may place orders directly with schedule contractors for delivery to CONUS port or
consolidation point.
(f) (1) The Contractor is obligated to accept orders received from activities within the Executive
branch of the Federal Government.
(2) The Contractor is not obligated to accept orders received from activities outside the Executive
branch; however, the Contractor is encouraged to accept such orders. If the Contractor elects to
accept such orders, all provisions of the contract shall apply, including clause 552.232-79,
Payment by Credit Card. If the Contractor is unwilling to accept such orders, and the proposed
method of payment is not through the Credit Card, the Contractor shall return the order by mail or
other means of delivery within 5 workdays from receipt. If the Contractor is unwilling to accept
such orders, and the proposed method of payment is through the Credit Card, the Contractor must
so advise the ordering activity within 24 hours of receipt of order. (Reference clause 552.232-79,
Payment by Credit Card.) Failure to return an order or advise the ordering activity within the time
frames of this paragraph shall constitute acceptance whereupon all provisions of the contract shall
apply.
(g) The Government is obligated to purchase under each resultant contract a guaranteed minimum of
$2,500 (two thousand, five hundred dollars) during the contract term.
552.238-80 Use of Federal Supply Schedule Contracts by Certain
Entities--Recovery Purchasing (FEB 2007)
(a) If an entity identified in paragraph (d) of the clause at 552.238-78, Scope of Contract (Eligible
Ordering Activities)-- Alternate I, elects to place an order under this contract, the entity agrees that the
order shall be subject to the following conditions:
(1) When the Contractor accepts an order from such an entity, a separate contract is formed which
incorporates by reference all the terms and conditions of the Schedule contract except the
Disputes clause, the patent indemnity clause, and the portion of the Commercial Item Contract
Terms and Conditions that specifies ``Compliance with laws unique to Government contracts''
(which applies only to contracts with entities of the Executive branch of the U.S. Government).
The parties to this new contract which incorporates the terms and conditions of the Schedule
contract are the individual ordering activity and the Contractor. The U.S. Government shall not be
liable for the performance or nonperformance of the new contract. Disputes which cannot be
resolved by the parties to the new contract may be litigated in any State or Federal court with
jurisdiction over the parties, applying Federal procurement law, including statutes, regulations
and case law, and, if pertinent, the Uniform Commercial Code. To the extent authorized by law,
parties to this new contract are encouraged to resolve disputes through Alternative Dispute
Resolution. Likewise, a Blanket Purchase Agreement (BPA), although not a contract, is an
agreement that may be entered into by the Contractor with such an entity and the Federal
Government is not a party.
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(2) Where contract clauses refer to action by a Contracting Officer or a Contracting Officer of
GSA, that shall mean the individual responsible for placing the order for the ordering activity
(e.g., Federal Acquisition Regulation 52.212-4 at paragraph (f) and FSS clause I-FSS-249 B).
(3) As a condition of using this contract, eligible ordering activities agree to abide by all terms
and conditions of the Schedule contract, except for those deleted clauses or portions of clauses
mentioned in paragraph (a)(1) of this clause. Ordering activities may include terms and conditions
required by statute, ordinance, regulation, order, or as otherwise allowed by State and local
government entities as a part of a statement of work (SOW) or statement of objective (SOO) to
the extent that these terms and conditions do not conflict with the terms and conditions of the
Schedule contract. The ordering activity and the Contractor expressly acknowledge that, in
entering into an agreement for the ordering activity to purchase goods or services from the
Contractor, neither the ordering activity nor the Contractor will look to, primarily or in any
secondary capacity, or file any claim against the United States or any of its agencies with respect
to any failure of performance by the other party.
(4) The ordering activity is responsible for all payments due the Contractor under the contract
formed by acceptance of the ordering activity's order, without recourse to the agency of the U.S.
Government, which awarded the Schedule contract.
(5) The Contractor is encouraged, but not obligated, to accept orders from such entities. The
Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason.
The Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day
period.
(6) The supplies or services purchased will be used for governmental purposes only and will not
be resold for personal use. Disposal of property acquired will be in accordance with the
established procedures of the ordering activity for the disposal of personal property.
(7) The state or local government ordering activity will be responsible for purchasing products or
services to be used to facilitate recovery from a major disaster declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or to
facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack.
(b) If the Schedule Contractor accepts an order from an entity identified in paragraph (d) of the clause
at 552.238-78, Scope of Contract (Eligible Ordering Activities)--Alternate I, the Contractor agrees to
the following conditions--
(1) The ordering activity is responsible for all payments due the Contractor for the contract
formed by acceptance of the order, without recourse to the agency of the U.S. Government, which
awarded the Schedule contract.
(2) The Contractor is encouraged, but not obligated, to accept orders from such entities. The
Contractor may, within 5 days of receipt of the order, decline to accept any order, for any reason.
The Contractor shall decline the order using the same means as those used to place the order. The
Contractor shall fulfill orders placed by such entities, which are not declined within the 5-day
period.
(c) In accordance with clause 552.238-74, Industrial Funding Fee and Sales Reporting, the Contractor
must report the quarterly dollar value of all sales under this contract. When submitting sales reports, the
Contractor must report two dollar values for each Special Item Number--
(1) The dollar value for sales to entities identified in paragraph (a) of the clause at 552.238-78,
Scope of Contract (Eligible Ordering Activities)--Alternate I; and
(2) The dollar value for sales to entities identified in paragraph (d) of clause 552.238-78,
Alternate I.
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(d) A listing of the Federal Supply Schedule contracts for the products and services available for
disaster recovery purchasing is accessible in GSA's Schedules e-Library at Web site
http://www.gsaelibrary.gsa.gov. Click on the link, ``Disaster Recovery Purchasing, State and Local.''
The participating Contractors and the products and services available for disaster recovery purchasing
will be labeled with the Disaster Recovery Purchasing icon.
Note: Regulation 552.238-80
This clause applies only if Recovery Purchasing is offered/awarded.
552.243-72 MODIFICATIONS (FEDERAL SUPPLY SCHEDULE)
(JULY 2000) (DEVIATION I – SEPT 2010)
(a) General. The Contractor may request a contract modification by submitting a request to the
Contracting Officer for approval, except as noted in paragraph (d) of this clause. At a minimum, every
request shall describe the proposed change(s) and provide the rationale for the requested change(s).
(b) Types of Modifications.
(1) Additional items/additional SIN's. When requesting additions, the following information must
be submitted:
(i) Information requested in paragraphs (1) and (2) of the Commercial Sales Practice Format to
add SIN’s.
(ii) Discount information for the new items(s) or new SIN(s). Specifically, submit the
information requested in paragraphs 3 through 5 of the Commercial Sales Practice Format. If
this information is the same as the initial award, a statement to that effect may be submitted
instead.
(iii) Information about the new item(s) or the item(s) under the new SIN(s) as described in
552.212-70, Preparation of Offer (Multiple Award Schedule) is required.
(iv) Delivery time(s) for the new item(s) or the item(s) under the new SIN(s) must be
submitted in accordance with 552.211-78, Commercial Delivery Schedule (Multiple Award
Schedule).
(v) Production point(s) for the new item(s) or the item(s) under the new SIN(s) must be
submitted if required by 52.215-6, Place of Performance.
(vi) Hazardous Material information (if applicable) must be submitted as required by
52.223-3 (ALT I), Hazardous Material Identification and Material Safety Data.
(vii) Any information requested by 52.212-3(f), Offeror Representations and
Certifications—Commercial Items, that may be necessary to assure compliance with
FAR 52.225-1, Buy American Act—Balance of Payments Programs—Supplies.
(2) Deletions. The Contractors shall provide an explanation for the deletion. The Government
reserves the right to reject any subsequent offer of the same item or a substantially equal item at a
higher price during the same contract period, if the contracting officer finds the higher price to be
unreasonable when compared with the deleted item.
(3) Price Reduction. The Contractor shall indicate whether the price reduction falls under the item
(i), (ii), or (iii) of paragraph (c)(1) of the Price Reductions clause at 552.238-75. If the Price
reduction falls under item (i), the Contractor shall submit a copy of the dated commercial price list.
If the price reduction falls under item (ii) or (iii), the Contractor shall submit a copy of the
applicable price list(s), bulletins or letters or customer agreements which outline the effective date,
duration, terms and conditions of the price reduction.
(c) Effective dates. The effective date of any modification is the date specified in the modification,
except as otherwise provided in the Price Reductions clause at 552.238-75.
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(d) Electronic File Updates. The Contractor shall update electronic file submissions to reflect all
modifications. For additional items or SINs, the Contractor shall obtain the Contracting Officer's
approval before transmitting changes. Contract modifications will not be made effective until the
Government receives the electronic file updates. The Contractor may transmit price reductions, item
deletions, and corrections without prior approval. However, the Contractor shall notify the Contracting
Officer as set forth in the Price Reductions clause at 552.238-75.
(e) Amendments to Paper Federal Supply Schedule Price Lists.
(1) The Contractor must provide supplements to its paper price lists, reflecting the most current
changes. The Contractor may either:
(i) Distribute a supplemental paper Federal Supply Schedule Price List within 15 workdays
after the effective date of each modification.
(ii) Distribute quarterly cumulative supplements. The period covered by a cumulative
supplement is at the discretion of the Contractor, but may not exceed three calendar months
from the effective date of the earliest modification. For example, if the first modification
occurs in February, the quarterly supplement must cover February—April, and every 3 month
period after. The Contractor must distribute each quarterly cumulative supplement within
15 workdays from the last day of the calendar quarter.
(2) At a minimum, the Contractor shall distribute each supplement to those ordering activities that
previously received the basic document. In addition, the Contractor shall submit two copies of each
supplement to the Contracting Officer and one copy to the FSS Schedule Information Center.
(f) Electronic submission of modification requests via eMod is mandatory via http://eOffer.gsa.gov,
unless otherwise stated in the electronic submission standards and requirements at the Vendor Support
Center website (http://vsc.gsa.gov). If the electronic submissions standards and requirements
information is updated at the Vendor Support Center website, Contractors will be notified prior to the
effective date of the change.
552.246-73 WARRANTY—MULTIPLE AWARD SCHEDULE
(MAR 2000) (ALTERNATE I—MAY 2003)
(a) Applicable to domestic locations. Unless specified otherwise in this contract, the Contractor's
standard commercial warranty as stated in the Contractor's commercial price list applies to this contract.
(b) Applicable to overseas destinations. Unless specified otherwise in this contract, the Contractor's
standard commercial warranty as stated in the commercial price list applies to this contract, except as
follows:
(1) The Contractor must provide, at a minimum, a warranty on all non-consumable parts for a
period of 90 days from the date that the ordering activity accepts the product.
(2) The Contractor must supply parts and labor required under the warranty provisions free of
charge.
(3) The Contractor must bear the transportation costs of returning the products to and from the
repair facility, or the costs involved with Contractor personnel traveling to the ordering activity
facility for the purpose of repairing the product onsite, during the 90 day warranty period.
552.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (SEP 1999)
(DEVIATION FAR 52.252-6)
(a) Deviations to FAR clauses.
(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition
Regulation (48 CFR Chapter 1) clause by the addition of "(DEVIATION)" after the date of the
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clause, if the clause is not published in the General Services Administration Acquisition
Regulation (48 CFR Chapter 5).
(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR)
clause that is published in the General Services Administration Acquisition Regulation by the
addition of "(DEVIATION (FAR clause no.))" after the date of the clause.
(b) Deviations to GSAR clauses. This solicitation indicates any authorized deviation to a General
Services Administration Acquisition Regulation clause by the addition of "(DEVIATION)" after the
date of the clause.
(c) "Substantially the same as" clauses. Changes in wording of clauses prescribed for use on a
"substantially the same as" basis are not considered deviations.
C-FSS-370 CONTRACTOR TASKS / SPECIAL REQUIREMENTS
(NOV 2003)
(a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security
clearances in the performance of orders issued under this contract. All costs associated with
obtaining/possessing such security clearances should be factored into the price offered under the
Multiple Award Schedule.
(b) Travel: The Contractor may be required to travel in performance of orders issued under this
contract. Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and
are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under
the Multiple Award Schedule. Travel in performance of a task order will only be reimbursable to the
extent authorized by the ordering agency. The Industrial Funding Fee does NOT apply to travel and per
diem charges.
(c) Certifications, Licenses and Accreditations: As a commercial practice, the Contractor may be
required to obtain/possess any variety of certifications, licenses and accreditations for specific
FSC/service code classifications offered. All costs associated with obtaining/ possessing such
certifications, licenses and accreditations should be factored into the price offered under the Multiple
Award Schedule program.
(d) Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance
coverage for specific FSC/service code classifications offered. All costs associated with
obtaining/possessing such insurance should be factored into the price offered under the Multiple Award
Schedule program.
(e) Personnel: The Contractor may be required to provide key personnel, resumes or skill category
descriptions in the performance of orders issued under this contract. Ordering activities may require
agency approval of additions or replacements to key personnel.
(f) Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as
determined by the ordering agency, the Contractor’s participation in such order may be restricted in
accordance with FAR Part 9.5.
(g) Documentation/Standards: The Contractor may be requested to provide products or services in
accordance with rules, regulations, OMB orders, standards and documentation as specified by the
agency’s order.
(h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as
specified or negotiated in the agency’s order.
(i) Government-Furnished Property: As specified by the agency’s order, the Government may provide
property, equipment, materials or resources as necessary.
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(j) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific
fiscal year. Funds may not be presently available for any orders placed under the contract or any option
year. The Government’s obligation on orders placed under this contract is contingent upon the
availability of appropriated funds from which payment for ordering purposes can be made. No legal
liability on the part of the Government for any payment may arise until funds are available to the
ordering Contracting Officer.
(k) Overtime: For professional services, the labor rates in the Schedule should not vary by virtue of the
Contractor having worked overtime. For services applicable to the Service Contract Act (as identified
in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a
time and a half of the labor rate).
C-FSS-411 FIRE OR CASUALTY HAZARDS, OR SAFETY OR
HEALTH REQUIREMENTS (OCT 1992)
(a) Items in this solicitation which involve fire or casualty hazards (e.g., items containing electrical
components), or safety or health requirements, shall conform to the safety standards (if any) for such
products issued by a nationally recognized standards developing organization. The offeror shall identify
in the spaces below whether any such standards are applicable to the products offered, and if so, which
standard(s) applies. (Check one).
_______ 1. There are no nationally recognized safety standards which are
applicable to any of the products offered under this solicitation.
_______ 2. The safety standard(s) identified below are applicable to the following
products offered under this solicitation:
Product Standard
There are no nationally recognized safety standards which are applicable to the other products offered (if
any).
(b)The offeror must furnish proof, satisfactory to the Government, that the products offered will
conform with the requirements of the published safety standards.Acceptable proof of conformance
includes a labeling, listing, or acceptance of the product by an organization approved by the
Occupational Safety and Health Administration (OSHA) as a "Nationally Recognized Testing
Laboratory" (NRTL). This conformance requirement must be maintained with respect to all applicable
products furnished under resultant contracts.
(c) Information regarding currently-approved NRTL's may be obtained by writing to the following:
NRTL Recognition Program
Office of Variance Determination
Occupational Safety and Health Administration
U.S. Department of Labor
200 Constitution Avenue, N.W.
Room N-3653
Washington, DC 20210
(202) 219-7193
C-FSS-412 CHARACTERISTICS OF ELECTRIC CURRENT
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(MAY 2000)
Contractors supplying equipment which uses electrical current are required to supply equipment suitable for
the electrical system at the location at which the equipment is to be used as specified on the order.
C-FSS-425 WORKMANSHIP (OCT 1988)
Any item contracted for must be new, current model at the time of offer, unless otherwise specified. Each
article must perform the functions for its intended use.
C-FSS-427 ANSI STANDARDS (JUL 1991)
ANSI Standards cited in this solicitation may be obtained from the American National Standards Institute,
Inc., 11 West 42nd Street, 13th Floor, New York, NY 10036 (Tel: (212) 642-4900).
C-FSS-439 ENVIRONMENTAL PROTECTION AGENCY
REGISTRATION REQUIREMENT (APR 1996)
(a) With respect to the products described in this solicitation which require registration with the
Environmental Protection Agency (EPA), as required by the Federal Insecticide, Fungicide, and
Rodenticide Act, Section 3, Registration of Pesticides, awards will be made only for such products that
have been assigned an EPA registration number, prior to the time of bid opening.
(b) The offeror shall insert in the spaces provided below, the manufacturer's and/or distributor's name
and the "EPA Registration Number" for each item offered. Any offer which does not specify a current
"EPA Registration Number" in effect for the duration of the contract period, and including the
manufacturer's and/or distributor's name will be rejected.
ITEM NUMBERS NAME OF
MANUFACTURER/
DISTRIBUTOR
EPA
REGISTRATION
NUMBER
DATE OF
EXPIRATION
(c) If, during the performance of a contract awarded as a result of this solicitation, the EPA Registration
Number for products being furnished is terminated, withdrawn, canceled, or suspended, and such action
does not arise out of causes beyond the control, and with the fault or negligence of the Contractor or
subcontractor, the Government may terminate the contract pursuant to either the Default Clause or
Termination for Cause Paragraph (contained in the clause 52.212-4, Contract Terms and
Conditions—Commercial Items), whichever is applicable to the resultant contract.
CI-FSS-056 FEDERAL ACQUISITION REGULATION (FAR) PART
51 DEVIATION AUTHORITY (FEDERAL SUPPLY SCHEDULES)
(JAN 2010)
(a)General Background.
On October 8, 2009, a class deviation to FAR Part 51 was granted by GSA’s Senior Procurement
Executive in accordance with FAR Subpart 1.404, Class deviations. The deviation permits federal
contracting officers to authorize GSA contractors, who are performing an order on a time-and-material
or labor-hour basis, to purchase supplies and services from schedule contractors or to process
requisitions through the Global Supply Program.
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(b)Orders.
Orders placed using the FAR Part 51 deviation shall be:
(1) Placed on a time-and-materials (T&M)/labor-hour (LH) basis—an order placed by the Federal
Government to the buying contractor can be partially fixed price, but the portion of the order for
the items to be procured using the FAR Part 51 deviation shall be T&M/LH;
(2) For ancillary supplies/services that are in support of the overall order such that the items are
not the primary purpose of the work ordered, but are an integral part of the total solution offered;
(3) Issued in accordance with the procedures in FAR 8.405-1, Ordering Procedures for supplies,
and services not requiring a statement of work;
(4) Placed by the Federal Government. The authorization is NOT available to state and local
governments.
(c) For comprehensive guidance on the proper use the FAR Part 51 authority granted by the deviation,
please refer to the Ordering Guide at www.gsa.gov/far51deviation.
D-FSS-440 PRESERVATION, PACKAGING, PACKING, AND
MARKING AND LABELING OF HAZARDOUS MATERIALS
(HAZMAT) FOR SURFACE SHIPMENT (MAY 1997)
(a) Preservation, packaging, packing, and marking and labeling of domestic and overseas HAZMAT
SURFACE SHIPMENTS shall comply with all requirements of the following:
(1) International Maritime Dangerous Goods (IMDG) Code established by the International
Maritime Organization;
(2) U.S. Department of Transportation (DOT) Hazardous Material Regulation (HMR) 49 CFR
Parts 171 through 180. (Note: Classifications permitted by the HMR, but not permitted by the
IMDG code, such as “Combustible” and “ORM,” shall not be used);
(3) Occupational Safety and Health Administration (OSHA) Regulation 29 CFR Part 1910.1200;
and
(4) Any preservation, packaging, packing, and marking and labeling requirements contained
elsewhere in this solicitation.
(b) The test reports showing compliance with packaging requirements shall be made available to GSA
contract administration/management representatives upon request.
D-FSS-447 SEPARATE CHARGE FOR PERFORMANCE
ORIENTED PACKAGING (POP) (JAN 1992)
(a) Offerors are requested to quote a separate charge for providing preservation, packaging, packing,
and marking and labeling of domestic and overseas HAZMAT SURFACE SHIPMENTS in compliance
with all requirements of the following:
(1) International Maritime Dangerous Goods (IMDG) Code established by the International
Maritime Organization (IMO) in accordance with the United Nations (UN) Recommendations on
the Transportation of Dangerous Goods (Note: Marine pollutants must be labeled as required by
the IMDG Code);
(2) The performance oriented packaging requirements contained in the U. S. Department of
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Transportation (DOT) Hazardous Materials Regulations (HMR; 49 CFR Parts 171 -180) effective
October 1, 1991 (Note: The "Combustible" and "ORM" classifications contained these
requirements are not permitted by the IMDG Code and can not be used);
(3) Occupational Safety and Health Administration (OSHA) Regulations 29 CFR Parts 1910.101
- 1910.120 and 1910.1000 - 1910.1500, relating to Hazardous and Toxic Substances; and
(4) Any preservation, packaging, packing, and marking and labeling requirements contained
elsewhere in the solicitation.
(b) Offerors are requested to list the hazardous material item to which the separate charge applies in the
spaces provided below or on a separate attachment. These separate charges will be accepted as part of
the award, if considered reasonable, and shall be included in the Contractor's published catalog and/or
pricelist.
ITEMS
(NSN’s, SIN’s or
Descriptive Name of Articles,
as appropriate)
Charge for
Performance-Oriented
Packaging
(c) Ordering activities will not be obligated to utilize the Contractor's services for Performance Oriented
Packaging, and they may obtain such services elsewhere if desired. However, the Contractor shall
provide items in Performance Oriented Packaging when such packing is specified on the delivery order.
The Contractor's contract price and the charge for Performance Oriented Packaging will be shown as
separate entries on the delivery order.
(d) The test reports showing compliance with package requirements will be made available to GSA
contract administration/management representatives upon request.
D-FSS-456 PACKAGING AND PACKING (APR 1984)
(a)Packaging. Shall be in accordance with accepted commercial practice.
(b)Packing. Shall be packed to ensure carrier acceptance and safe delivery to the destination in
containers complying with rules and regulations applicable to the mode of transportation.
D-FSS-471 MARKING AND DOCUMENTATION REQUIREMENTS
PER SHIPMENT (APR 1984)
It shall be the responsibility of the Ordering Office to determine the full marking and documentation
requirements necessary under the various methods of shipment authorized by the contract. Set forth below is
the minimum information and documentation that will be required for shipment. In the event the Ordering
Office fails to provide the essential information and documentation, the Contractor shall, within three days
after receipt of order, contact the Ordering Office and advise them accordingly. The Contractor shall not
proceed with any shipment requiring transshipment via U.S. Government facilities without the below stated
prerequisites:
Direct Shipments. The Contractor shall mark all items ordered against this contract with indelible ink, paint
or fluid, as follows:
(1) Traffic Management or Transportation Officer at FINAL destination.
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(2) Ordering Supply Account Number.
(3) Account number.
(4) Delivery Order or Purchase Order Number.
(5) National Stock Number, if applicable; or Contractor's item number.
(6) Box ________ of ________ Boxes.
(7) Nomenclature (brief description of items).
D-FSS-477 TRANSSHIPMENTS (APR 1984)
The Contractor shall complete TWO DD Forms 1387, Military Shipment Labels and, if applicable, four
copies of DD Form 1387-2, Special Handling/Data Certification—used when shipping chemicals, dangerous
cargo, etc. Two copies of the DD Form 1387 will be attached to EACH shipping container delivered to the
port Transportation Officer for subsequent transshipment by the Government as otherwise provided for under
the terms of this contract. These forms will be attached to one end and one side (NOT on the top or bottom)
of the container. The Contractor will complete the bottom line of these forms, which pertains to the number
of pieces, weight and cube of each piece, using U.S. weight and cubic measures. Weights will be rounded off
to the nearest pound. (One kg = 2.2 U.S. pounds; one cubic meter = 35.3156 cubic feet.) In addition, if the
cargo consists of chemicals, or is dangerous, one copy of the DD Form 1387 2 will be attached to the
container, and three copies will be furnished to the Transportation Officer with the Bill of Lading.
DANGEROUS CARGO WILL NOT BE INTERMINGLED WITH NONDANGEROUS CARGO IN THE
SAME CONTAINER. Copies of the above forms, and preparation instructions will be obtained from the
Ordering Office issuing the Delivery Order. Reproduced copies of the forms are acceptable. FAILURE TO
INCLUDE DD FORMS 1387 (AND DD FORM 1387-2, IF APPLICABLE) ON EACH SHIPPING
CONTAINER WILL RESULT IN REJECTION OF SHIPMENT BY THE PORT TRANSPORTATION
OFFICER.
E-FSS-521-D INSPECTION (MAY 2000)
Inspection of all purchases under this contract will be made at destination by an authorized Government
representative.
E-FSS-522 INSPECTION AT DESTINATION (MAR 1996)
(a)Inspection by the Government. It is anticipated that the supplies purchased under this contract will
be inspected at destination by the Government to ensure conformance with technical requirements as
specified herein.
(b)Responsibility for Rejected Supplies. If, after due notice of rejection, the Contractor fails to remove
or provide instructions for the removal of rejected supplies pursuant to the Contracting Officer's
instructions, the Contractor shall be liable for all costs incurred by the Government in taking such
measures as are expedient to avoid unnecessary loss to the Contractor. In addition to any other remedies
which may be available under this contract, the supplies may be stored for the Contractor's account or
sold to the highest bidder on the open market and the proceeds applied against the accumulated storage
and other costs, including the cost of the sale.
(c)Additional Costs for Inspection and Testing. When prior rejection makes reinspection or retesting
necessary, the following charges are applicable. When inspection or testing is performed by or under
the direction of GSA, charges will be at the rate of $22.00 per man-hour or fraction thereof if the
inspection is at a GSA distribution center; $26.00 per man-hour or fraction thereof, plus travel costs
incurred, if the inspection is at another location; and $26.00 per man-hour or fraction thereof for
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laboratory testing, except that when a testing facility other than a GSA laboratory performs all or part of
the required tests, the Contractor shall be assessed the actual cost incurred by the Government as a
result of testing at such facility. When inspection is performed by or under the direction of any agency
other than GSA, the charges indicated above may be used, or the agency may assess the actual cost of
performing the inspection and testing.
F-FSS-202-F DELIVERY PRICES (APR 1984)
Prices offered must cover delivery to destinations as provided below:
(a) Direct delivery to consignee. F.o.b. inland point, country of importation (FAR 52.247-39). (Offeror
to indicate countries where direct delivery will be provided.)
(b) Delivery to overseas assembly point for transshipment when specified by the ordering office, if
delivery is not covered under paragraph (a), above.
(c) Delivery to the overseas port of entry when delivery is not covered under paragraphs (a) or (b),
above.
Offerors are requested to furnish below the geographic area(s)/countries/zones which are intended to be
covered.
GEOGRAPHIC AREA(S)/COUNTRIES/ZONES
F-FSS-202-G DELIVERY PRICES (JAN 1994)
(a) Prices offered must cover delivery as provided below to destinations located within the 48
contiguous States and the District of Columbia.
(1) Delivery to the door of the specified Government activity by freight or express common
carriers on articles for which store-door delivery is provided, free or subject to a charge, pursuant
to regularly published tariffs duly filed with the Federal and/or State regulatory bodies governing
such carrier; or, at the option of the Contractor, by parcel post on mailable articles, or by the
Contractor's vehicle. Where store-door delivery is subject to a charge, the Contractor shall (a)
place the notation "Delivery Service Requested" on bills of lading covering such shipments, and
(b) pay such charge and add the actual cost thereof as a separate item to his invoice.
(2) Delivery to siding at destinations when specified by the ordering office, if delivery is not
covered under paragraph (a)(1), above.
(3) Delivery to the freight station nearest destination when delivery is not covered under
paragraph (a)(1) or (a)(2), above.
(b) The offeror is requested to indicate below whether or not prices submitted cover delivery f.o.b.
destination in Alaska, Hawaii, and the Commonwealth of Puerto Rico.
Yes No
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Alaska
Hawaii
Puerto Rico
(c) When deliveries are made to destinations outside the contiguous 48 States; i.e., Alaska, Hawaii, and
the Commonwealth of Puerto Rico, and are not covered by paragraph (b), above, the following
conditions will apply:
(1) Delivery will be f.o.b. inland carrier, point of exportation (FAR 52.247-38), with the
transportation charges to be paid by the Government from point of exportation to destination in
Alaska, Hawaii, or the Commonwealth of Puerto Rico, as designated by the ordering office. The
Contractor shall add the actual cost of transportation to destination from the point of exportation
in the 48 contiguous States nearest to the designated destination. Such costs will, in all cases, be
based upon the lowest regularly established rates on file with the Interstate Commerce
Commission, the U.S. Maritime Commission (if shipped by water), or any State regulatory body,
or those published by the U.S. Postal Service; and must be supported by paid freight or express
receipt or by a statement of parcel post charges including weight of shipment.
(2) The right is reserved to ordering agencies to furnish Government bills of lading.
(d) Ordering offices will be required to pay differential between freight charges and express charges
where express deliveries are desired by the Government.
F-FSS-230 DELIVERIES TO THE U.S. POSTAL SERVICE
(JAN 1994)
(a)Applicability. This clause applies to orders placed for the U.S. Postal Service (USPS) and accepted
by the Contractor for the delivery of supplies to a USPS facility (consignee).
(b)Mode/Method of Transportation. Unless the Contracting Officer grants a waiver of this requirement,
any shipment that meets the USPS requirements for mailability (i.e., 70 pounds or less, combined
length and girth not more than 108 inches, etc.) delivery shall be accomplished via the use of the USPS.
Other commercial services shall not be used, but this does not preclude the Contractor from making
delivery by the use of the Contractor's own vehicles.
(c)Time of Delivery. Notwithstanding the required time for delivery to destination as may be specified
elsewhere in this contract, if shipments under this clause are mailed not later than five (5) calendar days
before the required delivery date, delivery shall be deemed to have been made timely.
F-FSS-244-B ADDITIONAL SERVICE CHARGE FOR DELIVERY
WITHIN CONSIGNEE'S PREMISES (MAY 2000)
(a) Offerors are requested to insert, in the spaces provided below or by attachment hereto, a separate
charge for "Delivery Within Consignee's Premises" applicable to each shipping container to be shipped.
(Articles which are comparable in size and weight, and for which the same charge is applicable, should
be grouped under an appropriate item description.) These additional charges will be accepted as part of
the award, if considered reasonable, and shall be included in the Contractor's published catalog and/or
pricelist.
(b) Ordering activities are not obligated to issue orders on the basis of "Delivery Within Consignee's
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Premises," and Contractors may refuse delivery on that basis provided such refusal is communicated in
writing to the ordering activity issuing such orders within 5 days of the receipt of such order by the
Contractor and provided further, that delivery is made in accordance with the other delivery
requirements of the contract. Failure of the Contractor to submit this notification within the time
specified shall constitute acceptance to furnish "Delivery Within Consignee's Premises" at the
additional charge awarded. When an ordering activity issues an order on the basis of "Delivery Within
Consignee's Premises" at the accepted additional charge awarded and the Contractor accepts such
orders on that basis, the Contractor will be obligated to provide delivery "F.o.b. Destination, Within
Consignee's Premises" in accordance with FAR 52.247-35, which is then incorporated by reference,
with the exception that an additional charge as provided herein is allowed for such services. Unless
otherwise stipulated by the offeror, the additional charges awarded hereunder may be applied to any
delivery within the 48 contiguous States and the District of Columbia.
(c) When exercising their option to issue orders on the basis of delivery service as provided herein,
ordering activities will specify "Delivery Within Consignee's Premises" on the order, and will indicate
the exact location to which delivery is to be made. The Contractor's delivery price and the additional
charge(s) for "Delivery Within Consignee's Premises" will be shown as separate entries on the order.
ITEMS
(NSN’s or Special Item Numbers
or Descriptive Name of Articles)
ADDITIONAL CHARGE (Per shipping
container) FOR “DELIVERY WITHIN
CONSIGNEE’S PREMISES”
F-FSS-736-A EXPORT TRAFFIC RELEASE (OCT 1988)
Supplies ordered by GSA for export will not be shipped by the Contractor until shipping instructions are
received from GSA. To obtain shipping instructions, the Contractor shall forward completed copies of GSA
Form 1611, Application for Shipping Instructions and Notice of Availability, to the GSA office designated on
the purchase order at least 15 days prior to the anticipated shipping date. Copies of GSA Form 1611 will be
furnished to the Contractor with the purchase order. Failure to comply with this requirement could result in
nonacceptance of the material by authorities at the port of exportation. When supplies for export are ordered
by other Government agencies the Contractor should obtain shipping instructions from the ordering agency.
F-FSS-772 CARLOAD SHIPMENTS (APR 1984)
When shipment is to be made by rail, to one destination, of a carload quantity which includes an item or items
the overall length of which when packed and/or palletized, is 60 inches or over, the Contractor shall, when
ordering cars, specify that, if available, double-door rail cars be furnished. This provision is intended solely to
facilitate unloading by forklift truck at destination. Under no circumstances should scheduled shipment be
delayed due to nonavailability of double-door cars.
G-FSS-900-C CONTACT FOR CONTRACT ADMINISTRATION
(JUL 2003)
Offerors should complete paragraphs (a) and (b) if providing both domestic and overseas delivery. Complete
paragraph (a) if providing domestic delivery only. Complete paragraph (b) if providing overseas delivery
only.
The Contractor shall designate a person to serve as the contract administrator for the contract both
domestically and overseas. The contract administrator is responsible for overall compliance with contract
terms and conditions. The contract administrator is also the responsible official for issues concerning
552.238-74, Industrial Funding Fee and Sales Reporting (JUL 2003), including reviews of contractor records.
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The Contractor’s designation of representatives to handle certain functions under this contract does not
relieve the contract administrator of responsibility for contract compliance. Any changes to the designated
individual must be provided to the Contracting Officer in writing, with the proposed effective date of the
change
(a) Domestic:
NAME ______________________________________________________________________
TITLE ______________________________________________________________________
ADDRESS ___________________________________________________________________
ZIP CODE ___________________________________________________________________
TELEPHONE NO. (_______) __________________ FAX NO. ________________________
E-MAIL ADDRESS ___________________________________________________________
(b) Overseas: Overseas contact points are mandatory for local assistance with the resolution of any
delivery, performance, or quality complaint from customer agencies. (Also, see the requirement in
I-FSS-594, Parts and Service.) At a minimum, a contact point must be furnished for each area in which
deliveries are contemplated, e.g., Europe, South America, Far East, etc.
NAME ______________________________________________________________________
TITLE ______________________________________________________________________
ADDRESS ___________________________________________________________________
ZIP CODE ___________________________________________________________________
TELEPHONE NO. (_______) __________________ FAX NO. ________________________
E-MAIL ADDRESS ___________________________________________________________
G-FSS-906 VENDOR MANAGED INVENTORY (VMI) PROGRAM
(MAS) (JAN 1999)
(a) The term “Vendor Managed Inventory” describes a system in which the Contractor monitors and
maintains specified inventory levels for selected items at designated stocking points. VMI enables the
Contractor to plan production and shipping more efficiently. Stocking points benefit from reduced
inventory but steady stock levels.
(b) Contractors that commercially provide a VMI-type system may enter into similar partnerships with
customers under a Blanket Purchase Agreement.
G-FSS-907 ORDER ACKNOWLEDGEMENT (APR 1984)
Contractors shall acknowledge only those orders which state "Order Acknowledgement Required." These
orders shall be acknowledged within 10 days after receipt. Such acknowledgement shall be sent to the activity
placing the order and contain information pertinent to the order, including the anticipated delivery date.
G-FSS-910 DELIVERIES BEYOND THE CONTRACTUAL
PERIOD—PLACING OF ORDERS (OCT 1988)
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In accordance with the Scope of Contract clause, this contract covers all requirements that may be ordered, as
distinguished from delivered during the contract term. This is for the purpose of providing continuity of
supply by permitting ordering activities to place orders as requirements arise in the normal course of supply
operations. Accordingly, any order mailed (or received, if forwarded by other means than through the mail) to
the Contractor on or before the expiration date of the contract, and providing for delivery within the number
of days specified in the contract, shall constitute a valid order.
I-FSS-103 SCOPE OF CONTRACT—WORLDWIDE (JUL 2002)
(a) This solicitation is issued to establish contracts which may be used as sources of supplies or services
described herein for domestic and/or overseas delivery.
(b) Definitions—
Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico,
Washington, DC, and U.S. territories. Domestic delivery also includes a port or consolidation point,
within the aforementioned areas, for orders received from overseas activities.
Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska,
Hawaii, Puerto Rico, and U.S. territories.
(c) Offerors are requested to check one of the following boxes:
____ Contractor will provide domestic and overseas delivery.
(Refer to clause I-FSS-108, Clauses for Overseas Coverage.)
____ Contractor will provide overseas delivery only.
(Refer to clause I-FSS-108, Clauses for Overseas Coverage.)
____ Contractor will provide domestic delivery only.
(d) Resultant contracts may be used on a nonmandatory basis by the following activities: Executive
agencies; other Federal agencies, mixed-ownership Government corporations, and the District of
Columbia; Government contractors authorized in writing by a Federal agency pursuant to 48 CFR 51.1;
and other activities and organizations authorized by statute or regulation to use GSA as a source of
supply. U.S. territories are domestic delivery points for purposes of this contract. (Questions regarding
activities authorized to use this schedule should be directed to the Contracting Officer.)
(e) (1) The Contractor is obligated to accept orders received from activities within the Executive
Branch of the Federal Government.
(2) The Contractor is not obligated to accept orders received from activities outside the Executive
Branch of the Federal Government; however, the Contractor is encouraged to accept orders from
such Federal activities. If the Contractor elects to accept such an order, all provisions of the
contract shall apply, including clause 552.232-77, Payment by Governmentwide Commercial
Purchase Card (Alternate I). If the Contractor is unwilling to accept such an order, and the
proposed method of payment is not through the Purchase Card, the Contractor shall return the
order by mail or other means of delivery within 5 workdays from receipt. If the Contractor is
unwilling to accept such an order, and the proposed method of payment is through the Purchase
Card, the Contractor must so advise the ordering agency within 24 hours of receipt of order.
(Reference clause 552.232-77, Payment by Governmentwide Commercial Purchase Card
(Alternate I)). Failure to return an order or advise the ordering agency within the time frames
above shall constitute acceptance whereupon all provisions of the contract shall apply.
(f) The Government is obligated to purchase under each resultant contract a guaranteed minimum as
specified in the clause I-FSS–106, Guaranteed Minimum, contained elsewhere in this contract.
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I-FSS-106 GUARANTEED MINIMUM (JUL 2003)
The minimum that the Government agrees to order during the period of this contract is $2,500. If the
Contractor receives total orders for less than $2,500 during the term of the contract, the Government will pay
the difference between the amount ordered and $2,500.
(a) Payment of any amount due under this clause shall be contingent upon the Contractor’s timely
submission of GSA Form 72A reports (see GSAR 552.238-74 “Industrial Funding Fee and Sales
Reporting”) during the period of the contract and receipt of the close-out sales report pursuant to GSAR
552.238-74.
(b) The guaranteed minimum applies only if the contract expires or contract cancellation is initiated by
the Government. The guaranteed minimum does not apply if the contract is terminated for cause or if
the contract is canceled at the request of the Contractor.
I-FSS-108 CLAUSES FOR OVERSEAS COVERAGE (MAY 2000)
The following clauses apply to overseas coverage.
52.214-34 Submission of Offers in the English Language
52.214-35 Submission of Offers in U.S. Currency
52.247-34 FOB Destination
52.247-38 FOB Inland Carrier, Country of Exportation
52.247-39 FOB Inland Point, Country of Importation
C-FSS-412 Characteristics of Electric Current
D-FSS-471 Marking and Documentation Requirements Per Shipment
D-FSS-477 Transshipments
F-FSS-202-F Delivery Prices
I-FSS-314 Foreign Taxes and Duties
I-FSS-594 Parts and Service
I-FSS-109 ENGLISH LANGUAGE AND U.S. DOLLAR
REQUIREMENTS (MAR 1998)
(a) All documents produced by the Contractor to fulfill requirements of this contract including, but not
limited to, Federal Supply Schedule catalogs and pricelists, must reflect all terms and conditions in the
English language.
(b) U.S. dollar equivalency, if applicable, will be based on the rates published in the “Treasury
Reporting Rates of Exchange” in effect as of the date of the agency’s purchase order or in effect during
the time period specified elsewhere in this contract.
I-FSS-140-B URGENT REQUIREMENTS (JAN 1994)
When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery
requirements of an ordering agency, agencies are encouraged, if time permits, to contact the Contractor for
the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays
after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an
accelerated delivery time acceptable to the ordering agency, any order(s) placed pursuant to the agreed upon
accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all
other terms and conditions of the contract.
I-FSS-163 OPTION TO EXTEND THE TERM OF THE CONTRACT
(EVERGREEN) (APR 2000) (DEVIATION I – AUG 2011)
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(FSS A/L 00-3a) The Government may require continued performance of this contract for an
additional 5 year period when it is determined that exercising the option is advantageous to
the Government considering price and other factors.. The option clause may not be exercised
more than three times. When the option to extend the term of this contract is exercised the
following conditions are applicable:
(1) It is determined that exercising the option is advantageous to the Government considering
price and the other factors covered in (2 through 4 below).
(2) Performance has been acceptable under the contract.
(3) Subcontracting goals have been reviewed and approved.
(b) The Contracting Officer may exercise the option by providing a written notice to the Contractor
within 30 days, unless otherwise noted, prior to the expiration of the contract or option.
(c) When the Government exercises its option to extend the term of this contract, prices in effect at the
time the option is exercised will remain in effect during the option period, unless an adjustment is made
in accordance with another contract clause (e.g., Economic Price Adjustment Clause or Price Reduction
Clause).
I-FSS-314 FOREIGN TAXES AND DUTIES (DEC 1990)
Prices offered must be net, delivered, f.o.b. to the destinations accepted by the Government.
(a) The offeror warrants that such prices do not include any tax, duty, customs fees, or other foreign
Governmental costs, assessments, or similar charges from which the U.S. Government is exempt. The
offeror further warrants that any applicable taxes duties, customs fees, other Government costs,
assessments or similar charges from which the U.S. Government is not exempt are included in the
prices quoted and that such prices are not subject to increases for any such charges applicable at the
time of acceptance of this offer by the Government.
(b) Standard commercial export packaging, including containerization, if necessary, packaging,
preservation, marking are included in the pricing offered and accepted by the Government.
I-FSS-40 CONTRACTOR TEAM ARRANGEMENTS (JUL 2003)
Contractors participating in contractor team arrangements must abide by all terms and conditions of their
respective contracts. This includes compliance with contract clause 552.238-74, Industrial Funding Fee and
Sales Reporting, i.e., each contractor (team member) must report sales and remit the IFF for all products and
services provided under its individual contract.
I-FSS-50 PERFORMANCE REPORTING REQUIREMENTS (FEB
1995)
(a) This clause applies to all contracts estimated to exceed $100,000.
(b) Unless notified otherwise in writing by the Contracting Officer, the Contractor may assume contract
performance is satisfactory.
(c) If negative performance information is submitted by customer agencies, the Contracting Officer will
notify the Contractor in writing and provide copies of any complaints received. The Contractor will
have 30 calendar days from receipt of this notification to submit a rebuttal and/or a report of corrective
actions taken.
I-FSS-594 PARTS AND SERVICE (OCT 1988)
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(1) For equipment under items listed in the schedule of items or services on which offers are submitted,
the offeror certifies by submission of this offer that parts and services (including the performing of
warranty or guarantee service) are now available from dealers or distributors serving the areas of
ultimate overseas destination or that such facilities will be established and will be maintained
throughout the contract period. If a new servicing facility is to be established, the facility shall be
established no later than the beginning of the contract period.
(2) Each Contractor shall be fully responsible for the services to be performed by the named servicing
facilities, or by such facilities to be established, and fully guarantees performance of such services if the
original service proves unsatisfactory.
(3) Offerors are requested to include in the pricelist, the names and addresses of all supply and service
points maintained in the geographic area in which the Contractor will perform. Please indicate opposite
each point whether or not a complete stock of repair parts for items offered is carried at that point, and
whether or not mechanical service is available.
GEOGRAPHIC AREA ADDRESS OF SUPPLY AND
SERVICE POINT
It is desired to have available means for maintaining Government-owned items in satisfactory operating
condition and to receive service at least as good as that extended to commercial customers.
Note: Regulation I-FSS-594
THIS CLAUSE APPLIES TO OVERSEAS DELIVERY
I-FSS-597 GSA ADVANTAGE!®(SEP 2000)
(a) The Contractor must participate in the GSA Advantage!®online shopping service. Information and
instructions regarding contractor participation are contained in clause I-FSS-599, Electronic Commerce.
(b) The Contractor also should refer to contract clauses 552.238-71, Submission and Distribution of
Authorized GSA Schedule Pricelists (which provides for submission of pricelists on a common-use
electronic medium), I-FSS-600, Contract Pricelists (which provides information on electronic contract
data), and 552.243-72, Modifications (which addresses electronic file updates).
I-FSS-599 ELECTRONIC COMMERCE—FACNET (SEP 2006)
(a) General Background.
The Federal Acquisition Streamlining Act (FASA) of 1994 establishes the Federal Acquisition
Computer Network (FACNET) requiring the Government to evolve its acquisition process from one
driven by paperwork into an expedited process based on electronic commerce/electronic data
interchange (EC/EDI). EC/EDI means more than merely automating manual processes and eliminating
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paper transactions. It can and will help to move business processes (e.g., procurement, finance,
logistics, etc.) into a fully electronic environment and fundamentally change the way organizations
operate.
(b) Trading Partners and Value-Added Networks (VAN’s).
Within the FACNET architecture, electronic documents (e.g., orders, invoices, etc.) are carried between
the Federal Government's procuring office and contractors (now known as "trading partners"). These
transactions are carried by commercial telecommunications companies called Value-Added Networks
(VAN’s).
EDI can be done using commercially available hardware, software, and telecommunications. The
selection of a VAN is a business decision contractors must make. There are many different VAN’s
which provide a variety of electronic services and different pricing strategies. If your VAN only
provides communications services, you may also need a software translation package.
(c) Registration Instructions.
DOD will require Contractors to register as trading partners to do business with the Government. This
policy can be reviewed via the INTERNET at
http://www.defenselink.mil/releases/1999/b03011999_bt079-99.html.
To do EDI with the Government, Contractors must register as a trading partner. Contractors will
provide regular business information, banking information, and EDI capabilities to all agencies in this
single registration. A central repository of all trading partners, called the Central Contractor
Registration (CCR) http://www.ccr.gov/, has been developed. All Government procuring offices and
other interested parties will have access to this central repository. The database is structured to identify
the types of data elements which are public information and those which are confidential and not
releasable.
To register, contractors must provide their Dun and Bradstreet (DUNS) number. The DUNS number is
available by calling 1(800)333-0505. It is provided and maintained free of charge and only takes a few
minutes to obtain. Contractors will need to provide their Tax Identification Number (TIN). The TIN is
assigned by the Internal Revenue Service by calling 1(800)829-1040. Contractors will also be required
to provide information about company bank or financial institution for electronic funds transfer (EFT).
Contractors may register through on-line at http://www.ccr.gov/ or through their Value Added Network
(VAN) using an American National Standards Institute (ANSI) ASC X12 838 transaction set, called a
"Trading Partner Profile." A transaction set is a standard format for moving electronic data. VAN’s will
be able to assist contractors with registration.
(d) Implementation Conventions.
All EDI transactions must comply with the Federal Implementation Conventions (IC’s). Many VAN’s
and software providers have already built the IC requirements into their products. If you need to see the
IC’s, they are available on a registry maintained by the National Institute of Standards and Technology
(NIST). It is accessible via the INTERNET at http://www.itl.nist.gov/lab/csl-pubs.htm. IC’s are
available for common business documents such as Purchase Order, Price Sales Catalog, Invoice,
Request for Quotes, etc.
(e) Additional Information.
GSA has additional information available for vendors who are interested in starting to use EC/EDI.
Contact the Contracting Officer for a copy of the latest handbook. Several resources are available to
vendors to assist in implementing EC/EDI; specific addresses are available in the handbook or from the
Contracting Officer:
(1) Electronic Commerce Resource Centers (ECRC’s) are a network of U.S.
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Government-sponsored centers that provide EC/EDI training and support to the contractor
community. They are found in over a dozen locations around the country.
(2) Procurement Technical Assistance Centers (PTAC’s) and Small Business Development
Centers (SBDC’s) provide management assistance to small business owners. Each state has
several locations.
(3) Most major US cities have an EDI user group of companies who meet periodically to share
information on EDI-related subjects.
(f) GSA Advantage!®
(1) GSA Advantage!®will use this FACNET system to receive catalogs, invoices and text
messages; and to send purchase orders, application advice, and functional acknowledgments.
GSA Advantage!®enables customers to:
(i) Perform database searches across all contracts by manufacturer; manufacturer’s
model/part number; vendor; and generic product categories.
(ii) Generate their own EDI delivery orders to contractors, generate EDI delivery orders
from the Federal Supply Service to contractors, or download files to create their own
delivery orders.
(iii) Use the Federal IMPAC VISA.
(2) GSA Advantage!®may be accessed via the GSA Home Page. The INTERNET address is:
http://www.gsa.gov, or http://www.fss.gsa.gov.
I-FSS-60 PERFORMANCE INCENTIVES (APR 2000)
(a) Performance incentives may be agreed upon between the contractor and the ordering office on
individual orders or Blanket Purchase Agreements under this contract in accordance with this clause.
(b) The ordering office must establish a maximum performance incentive price for these services and/or
total solutions, on individual orders or Blanket Purchase Agreements.
(c) Incentives should be designed to relate results achieved by the contractor to specified targets. To
the maximum extent practicable, ordering offices shall consider establishing incentives where
performance is critical to the agency’s mission and incentives are likely to motivate the contractor.
Incentives shall be based on objectively measurable tasks.
I-FSS-600 CONTRACT PRICE LISTS (JUL 2004)
(a)Electronic Contract Data.
(1) At the time of award, the Contractor will be provided instructions for submitting electronic
contract data in a prescribed electronic format as required by clause 552.238-71, Submission and
Distribution of Authorized FSS Schedule Price Lists.
(2) The Contractor will have a choice to transmit its file submissions electronically through
Electronic Data Interchange (EDI) in accordance with the Federal Implementation Convention
(IC) or use the application made available at the time of award. The Contractor’s electronic files
must be complete; correct; readable; virus-free; and contain only those supplies and services,
prices, and terms and conditions that were accepted by the Government. They will be added to
GSA’s electronic ordering system known as GSA Advantage!®a menu-driven database system
that provides on-line access to contract ordering information, terms and conditions, up-to-date
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pricing, and the option to create an electronic order. The Contractor’s electronic files must be
received no later than 6 months after award. Contractors should refer to clause I-FSS-597, GSA
Advantage!®for further information.
(3) Further details on EDI, ICs, and GSA Advantage!®can be found in clause I-FSS-599,
Electronic Commerce.
(4) The Contractor is encouraged to place the GSA identifier (logo) on their web site for those
supplies or services covered by this contract. The logo can link to the contractor’s Federal Supply
Schedule price list. The identifier URL is located at http://www.gsa.gov/logos. All resultant
“web price lists” shown on the contractor’s web site must be in accordance with section (b)(3)(ii)
of this clause and nothing other than what was accepted /awarded by the Government may be
included. If the contractor elects to use contract identifiers on its website (either logos or contact
number) the website must clearly distinguish between those items awarded on the contract and
any other items offered by the contractor on an open market basis.
(5) The contractor is responsible for keeping all electronic catalog data up to date; e.g., prices,
product deletions and replacements, etc.
(b)Federal Supply Schedule Price Lists.
(1) The Contractor must also prepare, print, and distribute a paper Federal Supply Schedule Price
List as required by clause 552.238-71, Submission and Distribution of Authorized FSS Schedule
Price Lists. This must be done as set forth in this paragraph (b).
(2) The Contractor must prepare a Federal Supply Schedule Price List by either:
(i) Using the commercial catalog, price list, schedule, or other document as accepted by
the Government, showing accepted discounts, and obliterating all items, terms, and
conditions not accepted by the Government by lining out those items or by a stamp across
the face of the item stating "NOT UNDER CONTRACT" or "EXCLUDED"; or
(ii) Composing a price list in which only those items, terms, and conditions accepted by
the Government are included, and which contain only net prices, based upon the
commercial price list less discounts accepted by the Government. In this instance, the
Contractor must show on the cover page the notation "Prices Shown Herein are Net
(discount deducted)”.
(3) The cover page of the Federal Supply Schedule Price List must include the following
information prepared in the format set forth in this subparagraph (b)(3):
(i) GENERAL SERVICES ADMINISTRATION
Federal Supply Service
Authorized Federal Supply Schedule Price List
On-line access to contract ordering information, terms and conditions, up-to-date pricing,
and the option to create an electronic delivery order are available through GSA
Advantage!®, a menu-driven database system. The INTERNET address GSA
Advantage!®is: GSAAdvantage.gov.
Schedule Title
FSC Group, Part, and Section or Standard Industrial Group (as applicable)
FSC Class(es)/Product code(s) and/or Service Codes (as applicable)
Contract number
For more information on ordering from Federal Supply Schedules click on the FSS
Schedules button at fss.gsa.gov.
Contract period.
Contractor's name, address, and phone number (include toll-free WATS number and FAX
Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N
Page: 136 of 141
number, if applicable)
Contractor’s internet address/web site where schedule information can be found (as
applicable). Contract administration source (if different from preceding entry).
Business size.
(ii) CUSTOMER INFORMATION: The following information should be placed under
this heading in consecutively numbered paragraphs in the sequence set forth below. If this
information is placed in another part of the Federal Supply Schedule Price List, a table of
contents must be shown on the cover page that refers to the exact location of the
information.
1a. Table of awarded special item number(s) with appropriate cross-reference to
item descriptions and awarded price(s).
1b. Identification of the lowest priced model number and lowest unit price for that
model for each special item number awarded in the contract. This price is the
Government price based on a unit of one, exclusive of any quantity/dollar
volume, prompt payment, or any other concession affecting price. Those
contracts that have unit prices based on the geographic location of the customer,
should show the range of the lowest price, and cite the areas to which the prices
apply.
1c. If the Contractor is proposing hourly rates, a description of all corresponding
commercial job titles, experience, functional responsibility and education for
those types of employees or subcontractors who will perform services shall be
provided. If hourly rates are not applicable, indicate “Not applicable” for this
item.
2. Maximum order.
3. Minimum order.
4. Geographic coverage (delivery area).
5. Point(s) of production (city, county, and State or foreign country).
6. Discount from list prices or statement of net price.
7. Quantity discounts.
8. Prompt payment terms.
9a. Notification that Government purchase cards are accepted at or below the
micro-purchase threshold.
9b. Notification whether Government purchase cards are accepted or not accepted
above the micro-purchase threshold.
10. Foreign items (list items by country of origin).
11a. Time of delivery. (Contractor insert number of days.)
11b. Expedited Delivery. The Contractor will insert the sentence “Items available
for expedited delivery are noted in this price list.” under this heading. The
Contractor may use a symbol of its choosing to highlight items in its price lists
that have expedited delivery.
Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N
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11c. Overnight and 2-day delivery. The Contractor will indicate whether
overnight and 2-day delivery are available. Also, the Contractor will indicate that
the schedule customer may contact the Contractor for rates for overnight and
2-day delivery.
11d. Urgent Requirements. The Contractor will note in its price list the “Urgent
Requirements” clause of its contract and advise agencies that they can also
contact the Contractor’s representative to effect a faster delivery.
12. F.O.B. point(s).
13a. Ordering address(es).
13b. Ordering procedures: For supplies and services, the ordering procedures,
information on Blanket Purchase Agreements (BPA’s) are found in Federal
Acquisition Regulation (FAR) 8.405-3.
14. Payment address(es).
15. Warranty provision.
16. Export packing charges, if applicable.
17. Terms and conditions of Government purchase card acceptance (any
thresholds above the micro-purchase level).
18. Terms and conditions of rental, maintenance, and repair (if applicable).
19. Terms and conditions of installation (if applicable).
20. Terms and conditions of repair parts indicating date of parts price lists and
any discounts from list prices (if applicable).
20a. Terms and conditions for any other services (if applicable).
21. List of service and distribution points (if applicable).
22. List of participating dealers (if applicable).
23. Preventive maintenance (if applicable).
24a. Special attributes such as environmental attributes (e.g., recycled content,
energy efficiency, and/or reduced pollutants).
24b. If applicable, indicate that Section 508 compliance information is available
on Electronic and Information Technology (EIT) supplies and services and show
where full details can be found (e.g. contractor’s website or other location.) The
EIT standards can be found at: www.Section508.gov/.
25. Data Universal Number System (DUNS) number.
26. Notification regarding registration in Central Contractor Registration (CCR)
database.
(4) Amendments to Federal Supply Schedule Price Lists must include on the cover page the same
information as the basic document plus the title "Supplement No. (sequentially numbered)" and
the effective date(s) of such supplements.
Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N
Page: 138 of 141
(5) The Contractor must provide two of the Federal Supply Schedule Price Lists (including
covering letters), to the Contracting Officer 30 days after the date of award. Accuracy of
information and computation of prices is the responsibility of the Contractor. NOTE: The
obliteration discussed in subdivision (b)(2)(i) of this clause must be accomplished prior to the
printing and distribution of the Federal Supply Schedule Price Lists.
(6) Inclusion of incorrect information (electronically or in paper) will cause the Contractor to
reprint/resubmit/correct and redistribute the Federal Supply Schedule Price List, and may
constitute sufficient cause for Cancellation, applying the provisions of 52.212-4 , Contract Terms
and Conditions (paragraph (m), Termination for Cause), and application of any other remedies as
provided by law—including monetary recovery.
(7) In addition, one copy of the Federal Supply Schedule Price List must be submitted to the
National Customer Service Center, Bldg. No. 4, 1500 E. Bannister Road, Kansas City, MO
64131.
I-FSS-639 CONTRACT SALES CRITERIA (MAR 2002)
(a) A contract will not be awarded unless anticipated sales are expected to exceed $25,000 within the
first 24 months following contract award, and are expected to exceed $25,000 in sales each 12-month
period thereafter.
(b) The Government may cancel the contract in accordance with clause 552.238-73, Cancellation,
unless reported sales are at the levels specified in paragraph (a) above.
I-FSS-644 DEALERS AND SUPPLIERS (OCT 1988)
When requested by the Contracting Officer, if other than the manufacturer, the offeror must submit prior to
award of a contract, either (1) a letter of commitment from the manufacturer which will assure the offeror of a
source of supply sufficient to satisfy the Government's requirements for the contract period, OR (2) evidence
that the offeror will have an uninterrupted source of supply from which to satisfy the Government's
requirements for the contract period.
I-FSS-646 BLANKET PURCHASE AGREEMENTS (MAY 2000)
Blanket Purchase Agreements (BPA's) can reduce costs and save time because individual orders and invoices
are not required for each procurement but can instead be documented on a consolidated basis. The Contractor
agrees to enter into BPA's with ordering activities provided that:
(a) The period of time covered by such agreements shall not exceed the period of the contract including
option year period(s);
(b) Orders placed under such agreements shall be issued in accordance with all applicable regulations
and the terms and conditions of the contract; and
(c) BPAs may be established to obtain the maximum discount (lowest net price) available in those
schedule contracts containing volume or quantity discount arrangements.
I-FSS-680 DISSEMINATION OF INFORMATION BY
CONTRACTOR (APR 1984)
The Government will provide the Contractor with a single copy of the resulting Federal Supply Schedule.
However, it is the responsibility of the Contractor to furnish all sales outlets authorized to participate in the
performance of the contract with the terms, conditions, pricing schedule, and other appropriate information.
Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N
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I-FSS-965 INTERPRETATION OF CONTRACT REQUIREMENTS
(APR 1984)
No interpretation of any provision of this contract, including applicable specifications, shall be binding on the
Government unless furnished or agreed to in writing by the Contracting Officer or his designated
representative.
I-FSS-969 ECONOMIC PRICE ADJUSTMENT—FSS MULTIPLE AWARD
SCHEDULE (JAN 2002)
Price adjustments include price increases and price decreases. Adjustments will be considered as
follows:
(a) Contractors shall submit price decreases anytime during the contract period in which they occur.
Price decreases will be handled in accordance with the provisions of the Price Reduction Clause.
(b) There are two types of economic price adjustments (EPAs) possible under the Multiple Award
Schedules (MAS) program for contracts not based on commercial catalogs or price lists as described
below. Price adjustments may be effective on or after the first 12 months of the contract period on the
following basis:
(1) Adjustments based on escalation rates negotiated prior to contract award. Normally, when
escalation rates are negotiated, they result in a fixed price for the term of the contract. No separate
contract modification will be provided when increases are based on negotiated escalation rates.
Price increases will be effective on the 12-month anniversary date of the contract effective date,
subject to paragraph (f), below.
(2) Adjustments based on an agreed-upon market indicator prior to award. The market indicator,
as used in this clause, means the originally released public index, public survey or other public,
based market indicator. The market indicator shall be the originally released index, survey or
market indicator, not seasonally adjusted, published by the [to be negotiated], and made available
at [to be identified]. Any price adjustment shall be based on the percentage change in the
designated (i.e. indicator identification and date) market indicator from the initial award to the
latest available as of the anniversary date of the contract effective date, subject to paragraph (e),
below. If the market indicator is discontinued or deemed no longer available or reliable by the
Government, the Government and the Contractor will mutually agree to a substitute. The contract
modification reflecting the price adjustment will be effective upon approval by the Contracting
Officer, subject to paragraph (g), below. The adjusted prices shall apply to orders issued to the
Contractor on or after the effective date of the contract modification.
(c) Nothwithstanding the two economic price adjustments discussed above, the Government recognizes
the potential impact of unforeseeable major changes in market conditions. For those cases where such
changes do occur, the contracting officer will review requests to make adjustments, subject to the
Government’s examination of industry-wide market conditions and the conditions in paragraph (d) and
(e), below. If adjustments are accepted, the contract will be modified accordingly. The determination
of whether or not extra-ordinary circumstances exist rests with the contracting officer. The
determination of an appropriate mechanism of adjustment will be subject to negotiations.
(d) Conditions of Price change requests under paragraphs b(2) and c above.:
(1) No more than three increases will be considered during each succeeding 12-month period of
the contract. (For succeeding contract periods of less than 12 months, up to three increases will be
considered subject to the other conditions of subparagraph (b)).
(2) Increases are requested before the last 60 days of the contract period, including options.
(3) At least 30 days elapse between requested increases.
Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N
Page: 140 of 141
(4) In any contract period during which price increases will be considered, the aggregate of the
increases during any 12-month period shall not exceed to be determined at time of award percent
(to be determined at time of award%) of the contract unit price in effect at the end of the
preceding 12-month period. The Government reserves the right to raise the ceiling when market
conditions during the contract period support such a change.
(e) The following material shall be submitted with request for a price increase under paragraphs b(2)
and c above:
(1) A copy of the index, survey or pricing indicator showing the price increase and the effective
date.
(2) Commercial Sales Practice format, per contract clause 52.215-21 Alternate IV, demonstrating
the relationship of the Contractor's commercial pricing practice to the adjusted pricing proposed
or a certification that no change has occurred in the data since completion of the initial
negotiation or a subsequent submission.
(3) Any other documentation requested by the Contracting Officer to support the reasonableness
of the price increase.
(f) The Government reserves the right to exercise one of the following options:
(1) Accept the Contractor's price increases as requested when all conditions of (b), (c), (d), and
(e) of this clause are satisfied;
(2) Negotiate more favorable prices when the total increase requested is not supported; or,
(3) Decline the price increase when the request is not supported. The Contractor may remove the
item(s) from contract involved pursuant to the Cancellation Clause of this contract.
(g) Effective Date of Increases: No price increase shall be effective until the Government receives the
electronic file updates pursuant to GSAR 552.243-72, Modifications (Multiple Award Schedule).
(h) All MAS contracts remain subject to contract clauses GSAR 552.238-75, “Price Reductions”; and
552.215-72, “Price Adjustment -- Failure to Provide Accurate Information.” In the event the
application of an economic price adjustment results in a price less favorable to the Government than the
price relationship established during negotiation between the MAS price and the price to the designated
customer, the Government will maintain the price relationship to the designated customer.
Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N
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GENERAL SERVICES ADMINISTRATION
FEDERAL SUPPLY SERVICE
AUTHORIZED FEDERAL SUPPLY SCHEDULE CATALOG/PRICE LIST
On-line access to contract ordering information, terms and conditions, up-to-date pricing, and the option
to create an electronic delivery order is available at GSAAdvantage.gov
SCHEDULE TITLE: 056 – Buildings and Building Materials/Industrial Services and Supplies
FSC GROUP 54 – Pre-Engineered/Prefabricated Buildings and Structures
FSC CLASS (ES): 5410
CONTRACT NUMBER: GS-07F-0502N
CONTRACT PERIOD: 04/29/2003 through 04/28/2013
CONTRACTOR’S NAME, ADDRESS, TELEPHONE AND FAX NUMBER; EMAIL AND/OR WEB SITE
ADDRESS:
Pac-Van, Inc.
2995 S. Harding Street
Indianapolis, IN 46225
Toll Free: 888-791-2020 or 800-546-1050
Telephone: 317-791-2020 Fax: 317-791-3610
E Mail: gsa@pacvan.com Web Site: www.pacvan.com
CONTRACTOR’S ADMINISTRATION SOURCE: Jayne Stanfill, Marketing and Sales Associate
BUSINESS SIZE/TYPE: Large/Dealer
INFORMATION FOR ORDERING ACTIVITIES:
1a. TABLE OF AWARDED SPECIAL ITEM NUMBERS (SIN’s) W ITH APPROPRIATE CROSS-
REFERENCE TO PAGE NUMBER(S).
SIN DESCRIPTION
361-10-E Modular/Mobile Office Buildings and accessories/options including but
not limited to office and classroom use
361-50 Leasing and/or Rental of Pre-Engineered/Prefabricated Buildings and
Structures
1b. IDENTIFICATION OF THE LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN:
(Prices are NET GSA)
1b. IDENTIFICATION OF THE LOWEST PRICED MODEL NUMBER AND PRICE FOR EACH SIN:
(cont’d) (Prices are NET GSA)
1c. HOURLY RATES: N/A
2. MAXIMUM ORDER PER SIN: *
361-10E – $250,000 361-30 – $150,000 361-32 – $350,000 361-50 – $200,000
*If the “best value” selection places your order over this Maximum Order, you have an opportunity
to obtain a better schedule contract price. Before placing your order, contact the aforementioned
Contractor for a better price. The Contractor may (1) offer a new price for this requirement (2)
offer the lowest price available under this contract or (3) decline the order. A delivery order that
exceeds the maximum order may be placed under the Schedule contract in accordance with FAR
8.404.
3. MINIMUM ORDER: $100 unless Contractor agrees to accept a smaller order amount.
4. GEOGRAPHIC COVERAGE (delivery area): 50 States, D.C., Puerto Rico and US Territories
5. POINT(S) OF PRODUCTION:
Item Number Production/Inspection Point
361-10E and
361-50
Sioux Falls, SD
Elkhart, IN
Phoenix, AZ
Perris, CA
St. Petersburg, FL
Bluffdale, UT
Bristol, IN
Douglas, GA
South Whitley, IN
6. DISCOUNT FROM LIST PRICES OR STATEMENT OF NET PRICE: 10% (Prices listed are NET
GSA)
7. QUANTITY DISCOUNT(S): Additional 5% off 5+ pieces of equipment in any combinations, to a
single destination
8. PROMPT PAYMENT TERMS: 1/2% - 15, Net 30
9a. NOTIFICATION THAT GOVERNMENT PURCHASE CARDS ARE ACCEPTED BELOW THE
MICROPURCHASE THRESHOLD: Accepted
9b. NOTIFICATION WHETHER GOVERNMENT PURCHASE CARDS ARE ACCEPTED OR NOT
ACCEPTED ABOVE THE MICROPURCHASE THRESHOLD: Yes
10. FOREIGN ITEMS (list items by country of origin): none
11a. TIME OF DELIVERY: Purchase - 21- 90 Days; Lease - 7 Days
11b. EXPEDITED DELIVERY: Purchase 21 days; Lease - Under 7 Days
11c. OVERNIGHT AND 2-DAY DELIVERY: Applicable only for used/refurbished buildings for lease
when available. Contact Contractor for availability.
11d. URGENT DELIVERY: Contact Contractor’s representative to affect urgent delivery.
12. FOB POINT(S): FOB Origin - Prepay and Add
13. ORDERING ADDRESSES:
Address City State Zip Phone Fax
2235 Industrial Drive Bloomington IN 47404 800-546-1050 812-336-9088
2995 South Harding St. Indianapolis IN 46225 800-546-1050 317-791-2029
Par Industrial Park, Plant Rd.
PO Box 67 Nitro WV 25143 800-546-1050 304-755-8851
5545 Racine Avenue Charlotte NC 28269 800-546-1050 704-455-6002
711 S. Rt. 83 Elmhurst IL 60126 800-546-1050 630-833-2237
1451 St. Rte. 28, Lot 2B Loveland OH 45140 800-546-1050 513-722-8110
997 Wenso Road Bedford OH 44146 800-546-1050 440-735-1303
2150 Cloverleaf St. East Columbus OH 43232 800-546-1050 614-755-9360
10250 Brighton Rd. Henderson CO 80640 800-546-1050 303-227-0800
21075 Protecta Drive Elkhart IN 46516 800-546-1050 574-293-9494
7002 E 40 Hwy. Kansas City MO 64129 800-546-1050 816-924-0401
4680 Industry Center Dr. Las Vegas NV 89115 800-546-1050 702-558-8436
500 N. 35th St. Louisville KY 40212 800-546-1050 502-776-4311
670 Winchester Rd. Memphis TN 38116 800-546-1050 901-348-9806
1062 Firestone Pkwy. LaVergne TN 37086 800-546-1050 615-501-8896
1850 Saturn Blvd. Orlando FL 32837 800-546-1050 407-251-4774
3215 S. 7th St., Suite #22 Phoenix AZ 85040 800-546-1050 602-268-1810
2004 McKees Rock Rd. McKees Rocks PA 15136 800-546-1050 412-331-8129
#4 Union Seventy Center Dr. St. Louis MO 63120 800-546-1050 314-382-1999
3610 N. Centennial Sylvania OH 43560 800-546-1050 419-842-0990
13b. ORDERING PROCEDURES: For supplies and services, the ordering procedures, information on
Blanket Purchase Agreement’s (BPA’s) and a sample BPA, reference GSA/FSS Schedule
Homepage (fss.gsa.gov/schedules)
14. PAYMENT ADDRESS(ES): Pac Van Inc. 2693 Paysphere Circle, Chicago, IL 60674,
https://wawf.eb.mil
https://ecweb.dfas.mil
or contact Contractor’s representative for wire transfer information
15. WARRANTY PROVISION: Standard Commercial Warranty. Customer may contact Contractor
for a copy of warranty.
16. EXPORT PACKING CHARGES: N\A
17. TERMS AND CONDITIONS OF GOVERNMENT PURCHASE CARD ACCEPTANCE (any
thresholds ABOVE the micro-purchase level): Contractor will accept Government Purchase Card
for any purchase or lease.
18. TERMS AND CONDITIONS OF RENTAL, MAINTENANCE, AND REPAIR: Contact Contractor
for a copy of lease terms.
19. TERMS AND CONDITIONS OF INSTALLATION: For orders under Special Item Number (SIN)
361-32, Installation and Site Preparation. Customers are responsible for defining the scope of
work required for installation and complying with the appropriate construction contract clauses
and Davis-Bacon Requirements. Customers will negotiate installation on a project-by-project
basis, which shall be priced as separate line items. See schedule for complete description of SIN
361-32.
20a. TERMS AND CONDITIONS OF REPAIR PARTS INDICATING DATE OF PARTS PRICE LISTS
AND ANY DISCOUNTS FROM LIST PRICES:
20b. TERMS AND CONDITIONS FOR ANY OTHER SERVICES: For orders under Special Item
Number (SIN) 361-30, Ancillary Services, which includes field assembly, consultation and design
assistance, ordering agencies will negotiate services on a project by project basis, which shall be
priced as separate line items. See schedule for a complete description of SIN 361-30. This SIN
EXCLUDES Construction.
21. LIST OF SERVICE AND DISTRIBUTION POINTS: see line 13
22. LIST OF PARTICIPATING DEALERS: N/A
23. PREVENTIVE MAINTENANCE: Contact Contractor’s representative
24. SPECIAL ATTRIBUTES SUCH AS ENVIRONMENTAL ATTRIBUTES (e.g. recycled content,
energy efficiency and/or reduced pollutants.
24b. If applicable, indicate that Section 508 compliance information is available on Electronic and
Information Technology (EIT) supplies and services and show where full details can be found
(e.g. Contractor’s website or other location.) The EIT Standards can be found at:
www.Section508.gov/. N/A
25. DATA UNIVERSAL NUMBER SYSTEM (DUNS) NUMBER: 84-922-6733
26. NOTIFICATION REGARDING REGISTRATION IN CENTRAL CONTRACTOR REGISTRATION
(CCR) DATABASE: CCR registration valid through 05/24/07.
2044127.1
EXHIBIT B
TO
COOPERATIVE PURCHASING AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
PAC-VAN, INC.
[Quotation]
See following pages.
Presented by:
Ken Buchanan, Town Manager
Paul Mood, Development Services Director
Jason Field, Chief Building Official
October 17, 2013
•Building Codes provide minimum standards
for building construction to safeguard the
public’s Health, Safety & Welfare.
•Building Codes Cover:
•Occupancy Internal Light & Ventilation
•Ingress/Egress Fire-Resistive Construction
•Fire Protection Structural Loads
•Foundations Acceptable materials
•Special Uses
•Building Codes Cover:
•Mechanical Codes
•Air distribution/Duct Systems
•Heating/Cooling equipment
•Fireplaces/ wood stoves, chimneys
•Plumbing Codes
•Water supply, drainage, sewage & materials
•Fire Prevention Codes
•Operational, maintenance, use of buildings
•Liquid Propane Gas
•Hazardous Materials
•Building Codes Cover:
•Energy Code:
•Amount of insulation
•Glass/glazing
•Air infiltration
•Energy efficiency in equipment design
•Accessibility Codes
•ADA requirements
•Life Safety Codes:
•Safety from fire – construction, protection &
occupancy
•Building Codes have been around since 1927
•Uniform Building Code (UBC)/Changed in
1997 to International Building Code
•The national Conference of Building Codes
and Standards; Cities; States; Professional
Societies
•2012 Mechanical Code
•2011 National Electrical Code
•2012 International Swimming Pool/Spa Code
•2012 International Energy Conservation Code
•2012 International Fire Code
•2012 International Fuel Gas Code
•2012 International Plumbing Code
•2012 Fountain Hills Amendments to the Building Code,
Residential Code, the 2012 International Energy Conservation
Code and the 2012 International Fire Code.
•2012 Mechanical Code
•2011 National Electrical Code
•2012 International Swimming Pool/Spa Code
•2012 International Energy Conservation Code
•2012 International Fire Code
•2012 International Fuel Gas Code
•2012 International Plumbing Code
•2012 Fountain Hills Amendments to the Building Code,
Residential Code, the 2012 International Energy Conservation
Code and the 2012 International Fire Code.
•2012 Mechanical Code
Clothes Dryer Duct length
increased to 35’ form 25’
•2011 National Electrical Code
Tamper resistant Receptacles
required
Arc-fault protection (AFCI) required
in all habitable spaces
Receptacles are now required on
raised decks
•2012 International Swimming Pool/Spa Code
•Consolidate all pool
requirements in one
place
•More flexibility in pool
barriers
2012 Energy Conservation Code
Numerous
Leak testing of ducts
Whole house blower door test
Required air barriers
Identification of thermal envelop
75% of lamps shall be high-efficacy
2012 International Fire Code
Maintaining the Town’s ability to require
sprinklers in new home construction
Solar panel location on roofs allowing a
path completely around solar array for fire
department access.
Conduit used exclusively for solar shall
carry a warning label
•2012 International Fuel Gas Code
New term “Appliance” replaces
“Equipment”
Manufactures ID is required on each pipe,
tube, and fitting.
Appliance connector length increased from
3’ to 6’
No “standing pilot” lights
2012 International Plumbing Code
• Pipes must be marked with manufacturer
identification and any markings required by
the applicable reference.
• Liquid or trowel applied coatings as shower
liners.
•Approve the 2012 IBC Codes with
amendments except the 2012 Energy
Code.
QUESTIONS?
1967275.1
RESOLUTION NO. 2013-22
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING AS PUBLIC RECORDS
THOSE CERTAIN DOCUMENTS FILED WITH THE TOWN CLERK AND
ENTITLED THE “2012 INTERNATIONAL BUILDING CODE,” THE “2012
INTERNATIONAL MECHANICAL CODE,” THE “2011 NATIONAL
ELECTRICAL CODE,” THE “2012 INTERNATIONAL SWIMMING POOL
AND SPA CODE,” THE “2012 INTERNATIONAL ENERGY
CONSERVATION CODE,” THE “2012 INTERNATIONAL FIRE CODE,” THE
“2012 INTERNATIONAL RESIDENTIAL CODE,” THE “2012
INTERNATIONAL FUEL GAS CODE,” THE “2012 INTERNATIONAL
PLUMBING CODE” AND THE “FOUNTAIN HILLS AMENDMENTS TO
THE 2012 INTERNATIONAL BUILDING CODE, THE 2012
INTERNATIONAL RESIDENTIAL CODE, THE 2012 INTERNATIONAL
ENERGY CONSERVATION CODE AND THE 2012 INTERNATIONAL FIRE
CODE.”
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. Those certain documents entitled the “2012 International Building Code,”
the “2012 International Mechanical Code,” the “2011 National Electrical Code,” the “2012
International Swimming Pool and Spa Code,” the “2012 International Energy Conservation
Code,” the “2012 International Fire Code,” the “2012 International Residential Code,” the “2012
International Fuel Gas Code,” the “2012 International Plumbing Code” and the “Fountain Hills
Amendments to the 2012 International Building Code, the 2012 International Residential Code,
the 2012 International Energy Conservation Code and the 2012 International Fire Code,” of
which three copies each are on file in the office of the Town Clerk and open for public inspection
during normal business hours, are hereby declared to be public records and codified in the
Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, and said copies are
ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
October 17, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
1967281.2
THE FOUNTAIN HILLS AMENDMENTS TO
THE 2012 INTERNATIONAL BUILDING CODE,
THE 2012 INTERNATIONAL RESIDENTIAL CODE,
THE 2012 INTERNATIONAL ENERGY CONSERVATION CODE
AND THE 2012 INTERNATIONAL FIRE CODE
1967281.2
FOUNTAIN HILLS AMENDMENTS
TO THE 2012 INTERNATIONAL BUILDING CODE
The International Building Code, 2012 Edition, is amended in the following respects:
Section 101.1 is amended as follows:
Section 101.1 Title. Insert the words “Town of Fountain Hills” as the name of
jurisdiction.
Section 105.2 is deleted in its entirety and replaced with the following:
Section 105.2 Work exempt from permit. Exemptions from permit requirements of
this code shall not be deemed to grant authorization for any work to be done in any
manner in violation of the provisions of this code or any other laws or ordinances of this
jurisdiction. Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120 square
feet (11 m2).
2. Fences not over 30 inches (762 mm) high.
3. Oil derricks.
4. Retaining walls that are not over 2 feet (610 mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge or
impounding Class I, II or IIIA liquids.
5. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
6. Temporary motion picture, television and theater stage sets and scenery.
7. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
8. Swings and other playground equipment accessory to detached one- and two-
family dwellings.
9. Window awnings supported by an exterior wall that do not project more than 54
inches (1372 mm) from the exterior wall and do not require additional support of
Group R-3 and U occupancies.
1967281.2 2
10. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5
feet 9 inches (1753 mm) in height.
Section 3109.2 is amended as follows:
3109.2 Definition. The following definition has been deleted in its entirety and replaced
as follows:
SWIMMING POOLS. Any structure intended for swimming, recreational bathing or
wading that contains water. This includes any body of water more than 18 inches (457
mm) deep and/or more than 8 feet (2438.4 mm) across.
Section 3109.3 is deleted in its entirety and replaced with the following:
3109.3 Public swimming pools. Public swimming pools shall be completely enclosed
by a fence at least 5 feet (1524 mm) in height or a screen enclosure. Openings in the
fence shall not permit the passage of a 4-inch-diameter (102 mm) sphere. The fence or
screen enclosure shall be equipped with self-closing and self-latching gates.
Section 3109.4.1 is deleted in its entirety and replaced with the following:
3109.4.1 Barrier height and clearances. The top of the barrier shall be at least 60
inches (1524 mm) above grade measured on the side of the barrier that faces away from
the swimming pool and shall not exceed 72 inches (1829 mm) maximum height, except
as permitted by zoning code. The maximum vertical clearance between grade and the
bottom of the barrier shall be 2 inches (51 mm) measured on the side of the barrier that
faces away from the swimming pool. Where the top of the pool structure is above grade,
the barrier is authorized to be at ground level or mounted on top of the pool structure, and
the maximum vertical clearance between the top of the pool structure and the bottom of
the barrier shall be 4 inches (102 mm).
1967281.2 3
FOUNTAIN HILLS AMENDMENTS
TO THE 2012 INTERNATIONAL RESIDENTIAL CODE
Section R 105.2 is deleted in its entirety and replaced with the following:
R105.2 Work exempt from permit. Permits shall not be required for the following.
Exemption from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this
code or any other laws or ordinances of this jurisdiction.
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided the floor area does not exceed 120 square
feet (11.15 mm).
2. Fences not over 30 inches (762 mm) high.
3. Retaining walls that are not over 2 feet (610 mm) in height measured from the
bottom of the footing to the top of the wall, unless supporting a surcharge.
4. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work.
5. Swings and other playground equipment.
6. Window awnings supported by an exterior wall which do not project more than
54 inches (1372 mm) from the exterior wall and do not require additional support.
Section AG102 is amended as follows:
AG 102.1 General. The definition of “Swimming Pool” is deleted in its entirety and
replaced with the following:
SWIMMING POOL. Any structure intended for swimming, recreational bathing or
wading and shall include any body of water more than 18 inches (457 mm) deep and/or
more than 8 feet (2438.4 mm) across. This includes in-ground, above-ground and on-
ground swimming pools, hot tubs, spas and water features.
1967281.2 4
FOUNTAIN HILLS AMENDMENTS
TO THE 2012 INTERNATIONAL ENERGY CONSERVATION CODE
Section R403.9.3 Covers is deleted in its entirety.
1967281.2 5
FOUNTAIN HILLS AMENDMENTS
TO THE 2012 INTERNATIONAL FIRE CODE
The International Fire Code, 2012 Edition, is amended as follows:
Section 101.1 is deleted in its entirety and replaced with the following:
Section 101.1 Title. These regulations shall be known as the Fire Code of the Town of
Fountain Hills, hereinafter referred to as “this code.”
Section 101.2.1 is deleted in its entirety and replaced with the following:
101.2.1 Appendices. Provisions in the appendices shall be omitted or adopted as
follows:
1. Appendix A is omitted from adoption.
2. Appendix F is adopted as if fully set forth in this code.
3. Appendices B, C, D, E, G, H, I and J are adopted as if fully set forth in this code.
4. Two new Appendices, “K” (Control and Suppression of Hazardous Fire Areas)
and “L” (Excavation and Confinement) are added in the form attached hereto and
incorporated herein by reference.
Section 102 is amended by adding Subsection 102.10.1 as follows:
102.10.1 Conflicting references. When a provision of the 2012 International Fire Code
is in conflict with a provision of the National Fire Protection Association (NFPA)
Standards, and the conflict relates to life and building safety performance requirements,
the fire chief shall have the discretion to determine which provision shall apply.
Section 105.6.8 is amended by deleting the Exception and replacing it with the following:
Exceptions:
1. Vehicles equipped for and using compressed gas as a fuel for propelling the
vehicle.
2. Carbon Dioxide (inert and simple asphyxiant) shall require a permit for 200 cubic
feet or more at NTP.
Section 109.4 is hereby deleted in its entirety and replaced with the following:
109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail
to comply with any of the requirements thereof or who shall erect, install, alter, repair or
do work in violation of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under provisions of this code, shall be guilty of
a civil offense, punishable by a base fine of not more than $1,000, which shall be
enforced in accordance with Section 1-8-3 of the Town Code, including the criminal
penalties set forth therein for recidivist offenders.
1967281.2 6
109.4.1 Abatement of violation. In addition to the imposition of the penalties herein
described, the fire code official is authorized to institute appropriate action to prevent
unlawful construction or to restrain, correct or abate a violation; or to prevent illegal
occupancy of a structure or premises; or to stop an illegal act, conduct of business or
occupancy of a structure on or about any premises.
Section 202 is amended to add three new definitions as follows:
MULTIPLE SINGLE-FAMILY. Attached single family dwellings (e.g. townhouses),
not more than three stories in height, with a separate means of egress, constructed under
the International Residential Code (IRC).
NICET. National Institute for the Certification of Engineering Technologies, 1420 King
Street, Alexandria, VA 22314-2915
SKY LANTERN. A device designed to carry an open flame as an airborne light. Also
known as kongming lantern, wish lantern, sky candle or fire balloon.
Section 202 is amended by deleting Occupancy Classifications, Institutional Group I-1 and
Residential Groups R-3 and R-4 and replacing them with the following:
Institutional Group I-1. This occupancy shall include a building or part thereof housing
more than ten persons, on a 24-hour basis, who, because of age, mental disability or other
reasons, live in a supervised residential environment which provides personal care
services. The occupants are capable of responding to an emergency situation without
physical assistance from staff. This group shall include, but not be limited to, the
following: residential board and care facilities, assisted living facilities, half-way houses,
group homes, congregate care (living) facilities, social rehabilitation facilities, alcohol
and drug centers and convalescent facilities.
A facility such as the above with five or fewer persons may be classified as Group R-3 or
may comply with the International Residential Code in accordance with Section 101.2 of
the International Building Code. A facility such as above, housing at least six and not
more than ten persons, may be classified as Group R-4.
Residential Group R-3. Residential occupancies where the occupants are primarily
permanent in nature and not classified as R-1, R-2, R-4 or I and where buildings do not
contain more than two dwelling units or adult and child care facilities that provide
accommodations for five or fewer persons of any age for less than 24 hours.
Congregate living care facilities with 5 or fewer persons. Adult and child care
facilities that are within a single-family home are permitted to comply with the
applicable edition of the International Residential Code and Section 7-1-1(B) of the
Town of Fountain Hills Town Code (the “Town Code”).
Group R-3 Residential Care/Assisted Living Facilities occupancies in existing structures
with one to five clients shall meet the following requirements:
1967281.2 7
1. Interconnected smoke detectors shall be installed in all livable areas in accordance
with the Town Code.
2. Evacuation maps and emergency procedures shall be posted and subject to Fire
Department approval.
3. Portable fire extinguishers in accordance with the Town Code.
Residential Group R-4. Residential occupancies that include buildings arranged for
occupancy as Residential Care/Assisted Living Facilities including more than five but not
more than ten occupants, excluding staff. The Residential Group R-4 shall also be
applicable to the following:
1. Buildings that do not contain more than two dwelling units.
2. Adult care facilities that provide accommodations for more than five but not more
than ten occupants of any age for less than 24 hours.
3. Child care facilities that provide accommodations for more than five but no more
than ten occupants of any age for less than 24 hours.
4. Congregate living care facilities with five or fewer persons.
5. Adult and child care facilities that are within a single-family home are permitted
to comply with the International Residential Code.
Occupancies providing care and accommodations for more than ten occupants, excluding
staff, shall be classified as defined in Group I occupancy types.
Group R-4 occupancies in existing structures with six to ten clients and all new structures
shall meet the following requirements:
1. Interconnected smoke detectors shall be installed in all livable areas in accordance
with the Town Code.
2. Evacuation maps and emergency procedures shall be posted and subject to Fire
Department approval.
3. Portable fire extinguishers shall be provided in accordance with the Town Code.
4. An automatic fire sprinkler system shall be provided in accordance with the Town
Code.
Group R-4 Residential Care/Assisted Living Facilities occupancies shall meet the
requirements for construction as defined in the most recent Town-adopted version of the
International Building Code for Group R-3, except as otherwise provided in that code. In
the alternative, such occupancies may comply with the International Residential Code.
Section 308.1.1 is amended by adding a new Subsection 308.1.1.1(Sky Lanterns) to read as
follows:
308.1.1.1 Sky Lanterns. The lighting of, and the release of, sky lanterns is prohibited,
except when done pursuant to a special event permit issued by the Town.
1967281.2 8
Section 308.1.4 is deleted in its entirety and replaced with the following:
308.1.4 Open-flame cooking devices.
308.1.4.1 Charcoal barbeques and similar devices. Charcoal burners, chimineas,
fixed or portable barbeques and other open flame devices shall not be operated on
combustible balconies or within 10’ (3,048 mm) of combustible construction.
Exceptions:
1. One- and two-family dwellings.
2. When all of the following are met:
2.1 Where buildings, balconies and decks are non-combustible
construction or protected by an automatic sprinkler system.
2.2 Devices that are only fueled by piped natural gas or propane cylinders
less than 2.5 lbs liquid weight; provided that no more than three
propane cylinders are stored at the device.
308.1.4.2 Storage of open flame cooking devices and barbeques. Storage of the
open-flame cooking device will be allowed beneath an attached covered patio,
balcony, covered walkways, stair or roof overhang, provided it is at ground level, and
there is direct access to a location 10’ away from any combustible construction for
cooking use.
Exception: If the fire department receives complaints or suspects the cooking
device or barbeque is being used in the storage location or otherwise in violation
of this code, the fire department will require the cooking device or barbeque to be
removed from the premises.
Section 503.1 is deleted in its entirety and replaced with the following:
Section 503.1 Where required. The fire chief may establish fire lanes on public and
private property for access and setup for fire-fighting equipment apparatus and vehicles.
Fire apparatus access roads shall be provided and maintained in accordance with Sections
503.1.1 through 503.1.3
Section 503.2 is amended to read as follows:
503.2 Specifications. Fire apparatus access roads shall be installed and arranged in
accordance with Sections 503.2.1 through 503.2.8 and the Town of Fountain Hills Design
Standards. For road construction details see the Town of Fountain Hills Subdivision
Ordinance.
Section 503.2.4 is deleted in its entirety and replaced with the following:
503.2.4 Turning Radius. The required turning radius of a fire apparatus access road shall
be determined by the fire code official and the Town of Fountain Hills Design Standards.
1967281.2 9
Section 503.2.7 is deleted in its entirety and replaced with the following:
503.2.7 Grade. The grade of the fire apparatus access road shall be within the limits
established by the fire code official based on the Fire Department’s apparatus. Access
roads shall comply with the following:
1. The grade of access for non-sprinklered properties shall not exceed 12%.
2. The grade of access for sprinklered properties shall not exceed 15% unless
permitted upon approval by both the fire chief and the fire code official.
Section 503 is amended by adding a new Subsection 503.2.9 (Temporary fire department access)
to read as follows:
503.2.9 Temporary fire department access. Prior to and during construction of every
facility, building or portion of a building, a temporary fire department access roadway
shall be installed and maintained and shall be 16’-0” (4,877 mm) wide, with a minimum
4” (101.6 mm) thickness of aggregate base course or decomposed granite compacted to a
90% density where natural soil will not meet compaction requirements.
Section 503.3 is deleted in its entirety and replaced with the following:
503.3 Marking. Where required by the fire code official, approved signs or other
approved notices or markings that include the words NO PARKING-FIRE LANE shall be
provided for fire apparatus access roads to identify such roads or prohibit the obstruction
thereof. The means by which fire lanes are designated shall be maintained in a clean and
legible condition at all times and be replaced or repaired when necessary to provide
adequate visibility. Unless otherwise directed by the fire code official, all fire lanes shall
be marked in the following manner:
1. Fire lane signs shall be provided in accordance with Town of Fountain Hills
Standard Detail FH306.
2. Curbs, streets or driveways shall be painted red to indicate the fire lane and
labeled NO PARKING-FIRE LANE in white block letters 3” (76.2 mm) in
height, 0.75” (19.5 mm) stroke, on the vertical face of the curb to indicate fire
lane.
3. Fire lane signs shall not be greater than 50’-0” (15.24 m) apart and shall be posted
at the beginning and end of the fire lane.
Section 503 is amended by adding a new Subsection 503.7 (Gate keys) to read as follows:
503.7 Gate keys. The approved means of emergency operation set forth in Sections 503.5
and 503.6 shall include, at a minimum, key devices as required by this Section:
503.7.1 Key switch and sensor pre-emption location. A Knox key switch and a
pre-emption sensor shall be required on all powered entry control gates. Key
switches shall be installed in a location on the gate control panel that is readily visible
and accessible. The pre-emption sensor shall be at or behind the gate.
1967281.2 10
503.7.2 Manual gates. An approved dual padlock locking system shall be used on
manual gates. An approved Fire Department Knox padlock shall be used on one side
of the gate and the owners/management company’s Knox padlock on the other.
Section 503.4 is deleted in its entirety and replaced with the following:
Section 503.4 Obstruction of fire apparatus access roads. It shall be unlawful for any
vehicle, equipment or device to park in or block the fire lane. Any vehicle, equipment or
device found parked in or blocking a fire lane shall be cited by the Town’s law
enforcement officers. The minimum widths and clearances established in Section 503.2.1
shall be maintained at all times.
Section 507 is amended by adding new Subsections 507.5.1.2 (Hydrant spacing), 507.5.1.3
(Dead ends), 507.5.7 (Fire hydrant color) and 507.5.8 (Reflective markers) to read as follows:
507.5.1.2 Hydrant spacing. Fire hydrants shall be spaced on fire apparatus access roads
as follows:
1. Non-hillside. One and two family dwellings (IRC and R-3) developments, the
maximum distance is 1,000’ (366 m) on center.
2. Hillside. One and two family dwellings (IRC and R-3) developments, the
maximum distance is 500’ (183 m) on center. “Hillside” street grades shall mean
any grade above 9%.
3. For fire sprinkler commercial and R-1 and R-2 multifamily developments, the
maximum distance is 700’ (213.36 m) on center.
4. Hillside cul-de-sacs. The maximum distance shall not exceed 300’ (91.44 m) to
any hydrant from the end of a cul-de-sac.
507.5.1.3 Dead ends. On cul-de-sacs in residential and commercial developments, the
maximum distance to a hydrant shall not exceed one-half of the maximum allowable
distance between fire hydrants designated in Subsection 507.5.1, Exceptions.
Exception: On hillside development cul-de-sacs the maximum distance is 500’
(183 m) from the hydrant to the end of the cul-de-sac.
507.5.7 Fire hydrant color. All fire hydrants shall have aboveground barrels painted
with a prime coat plus two coats of OSHA yellow paint.
507.5.7.1 Reclaimed water fire hydrant color. All fire hydrants using a reclaimed
water supply shall have the caps and bonnet painted with a prime coat plus two coats
of black paint. A “DO NOT DRINK WATER” placard shall be affixed to the hydrant
in both English and Spanish.
507.5.8 Reflective markers. All fire protection equipment, fire department connections
and hydrants shall be clearly identified by installation of reflective blue markers. See
Town of Fountain Hills Standard Detail FH305.
1967281.2 11
Section 607 is amended to add a new Subsection 607.1.1 (Minimum dimensions) to read as
follows:
607.1.1 Minimum dimensions. All elevators shall be constructed to allow the elevator
car to accommodate an ambulance stretcher. Where elevators are provided in buildings
four or more stories above grade plane or four or more stories below grade plane, at least
one elevator shall be provided for fire department emergency access to all floors.
Elevators designated as emergency access shall be measured on the inside face of the car
and shall not be less than 6’0” x 7’0” nominal. It shall be identified by the international
symbol for emergency medical services (star of life). The symbol shall be not less than 3”
high and shall be placed inside on both sides of the hoist way door frame.
Exception: Single family dwellings.
Section 901 is amended by adding new Subsections 901.2.2 (Plan certifications for fire alarm
systems and occupant notification), 901.2.3 (Plan certifications for fire sprinkler systems),
901.2.4 (Plan certification for all other fire protection systems) and 901.2.5 (On-site plans) to
read as follows:
901.2.2 Plan certification for fire alarm systems and occupant notification. All fire
alarm and occupant notification system plans submitted to the Fire Department for review
and approval shall bear a review certification of a minimum level III NICET in Fire
Alarms in accordance with the Fire Department Interpretation and Applications Manual.
901.2.3 Plan certification for fire sprinkler systems. All fire sprinkler plans submitted
to the Fire Department for review and approval shall bear a review certification of a
minimum level III NICET in Fire Sprinklers in accordance with the Fire Department
Interpretation and Applications Manual.
901.2.4 Plan certification for all other fire protection systems. Plan certification for
all other fire protection systems will be accompanied by a certification of competence,
the sufficiency of which will be determined by the fire code official.
901.2.5 On-site plans. Plans and specifications shall be submitted to the Fire
Department for review and approval prior to construction. One set of Fire Department
approved plans shall be on the job site for each inspection.
Section 905.3.4 is deleted in its entirety and replaced with the following:
905.3.4 Stages. Stages greater than 1,000 square feet in area (93 m2) shall be equipped
with a Class I wet standpipe system with 2.5” (64 mm) hose connections on each side of
the stage supplied from the automatic fire sprinkler system and shall have a flow rate of
not less than that required for Class I standpipes.
Exception: Where the building or area is equipped throughout with an automatic
sprinkler system, a 1.5” (38 mm) hose connection shall be installed in accordance
with NFPA 13 or in accordance with NFPA 14 for Class II or III standpipes.
1967281.2 12
Section 907.2 is amended by adding a new Exception 3, to read as follows:
3. Fire alarm systems are not required in fully-sprinklered, multi-family R2 structures.
This does not exclude occupant notifications.
Section 912 is amended to add a new Subsection 912.2.3 (Remote Fire Department connections)
to read as follows:
912.2.3 Remote Fire Department connections. Remote fire department connections
shall be located between 4’ (1,219 mm) and 8’ (2,438 mm) of the curb line of an access
road or public street, or as otherwise specified by the fire code official. The fire
department connection line shall be a wet line with the check valve at the hose
connection above grade.
Section 1103 is amended to add new Subsections 1103.7.8 (Apartments, condominiums and
conversions), 1103.8.1.1 (Owner landlord and occupant responsibilities), 1103.8.1.2 (Special
definitions) and 1103.8.1.3 (Records maintenance) to read as follows:
1103.7.8 Apartments, Condominiums and Conversions. All apartments and
condominiums constructed without a sprinkler system and all conversions made in
buildings without a sprinkler system shall install smoke alarms in compliance with this
code.
Exception: If no construction is being done or if construction does not include the
removal of the ceiling membrane-exposing the building framing-the smoke alarms
may be battery operated only, provided the battery is a long life type.
1103.8.1.1 Owner landlord and occupant responsibilities. Devices provided and
maintained in a dwelling unit occupied under the terms of a rental agreement or under a
month to month tenancy:
1. At the time of each occupancy the landlord shall provide smoke detection devices
in working condition and after written notification by the tenant, shall be
responsible for replacement; and
2. The tenant shall keep the devices in working condition by keeping charged
batteries in battery operated devices, by testing the devices periodically, and by
refraining from permanently disabling the devices.
1103.8.1.2 Special definitions. In this Section 1103, “dwelling unit,” “landlord,” “rental
agreement,” and “tenant” have the meanings set forth in Arizona Revised Statutes
Section 33-1310, as amended.
1103.8.1.3 Records and maintenance. The landlord or owner of any rental property
shall inspect all smoke detection devices as required under NFPA 72 annually and a
record of all inspections and maintenance activities shall be kept by the landlord or
owner. The records shall be available for inspection upon request by the fire code official.
1967281.2 13
Section 2301 is amended by deleting Subsection 2301.4 (motor fuel- dispensing facilities) in its
entirety and replacing it with the following:
2301.4 Indoor automotive motor fuel-dispensing facilities. Locating motor vehicle
fuel-dispensing stations inside buildings is prohibited within the entire Town.
Section 2301 is amended by adding a new Subsection 2301.7 (Fire protection) to read as
follows:
2301.7 Fire protection. Fire sprinkler protection shall be designed in accordance with
the applicable building code as required for Ordinary Hazard Group 2.
Section 2306 is amended by deleting Subsections 2306.2.2 (Above-ground tanks located inside
buildings) and 2306.2.3 (Above-ground tanks located outside, above grade) in their entirety and
replacing them with the following:
2306.2.2 Above-ground tanks located inside buildings. Above-ground tanks for the
storage of Class I, II and IIIA liquid fuels are prohibited within the entire Town.
2306.2.3 Above-ground tanks located outside, above grade. Above-ground tanks for
the storage of Class I, II and IIIA liquid fuels outside of buildings are prohibited within
the entire Town.
Exception: Installations of tanks capable of holding 2,000 gallons (7,570.8 L), either
individually or in the aggregate, may be approved only by special permit issued by
the fire code official in accordance with this code.
Section 5706 is amended by deleting Subsection 5706.2.4.4 (Locations where above-ground
tanks are prohibited) in its entirety and replacing it with the following:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I
and II liquids in above-ground tanks outside of buildings is prohibited within the entire
Town.
Exception: Installations of tanks capable of holding 2,000 gallons (7,570.8 L), either
individually or in the aggregate, may be approved only by special permit issued by
the fire code official in accordance with this code.
Section 6101 is amended by deleting Subsection 6101.2 (permits) in its entirety and replacing it
with the following:
6101.2 Permits. Permits shall be required as set forth in Sections 105.6 and 105.7. A
permit is required for all containers over 10 gallons water capacity. Distributors shall not
fill an LP-gas container for which a permit is required unless a permit for installation has
been issued for that location by the fire code official.
1967281.2 14
Section 6104 is amended by adding a new footnote, (e)(5), to table 6104.3 (Location of LP-gas
containers) to read as follows:
5. A container of less than 125 gallons (473.18 L) may be located next to a block fence
when the container is not within 5’ (1,524 mm) of a structure on adjoining property.
Section 6109 is amended by adding a new Subsection 6109.15.2 (Quantity of exchange pre-
filled containers) to read as follows:
6109.15.2 Quantity of exchange pre-filled containers. The storage of portable
containers at consumer exchange sites or distribution points shall be limited to a
maximum of 20 containers, each with a capacity of 20 lb or less, whether filled, partly
filled or empty.
1967281.2 15
APPENDIX K
CONTROL AND SUPPRESSION OF HAZARDOUS FIRE AREAS
SECTION K101
GENERAL
K101.1 Scope. The unrestricted use of grass-, grain-,
brush- or forest-covered land in hazardous fire areas
is a potential menace to life and property from fire
and resulting erosion. Safeguards to prevent the
occurrence of fire and provide adequate fire-
protection facilities to control the spread of fire which
might be caused by recreational, residential,
commercial, industrial or other activities conducted in
hazardous fire areas shall be in accordance with this
Appendix K.
SECTION K102
DEFINITIONS
K102.1 Definitions. For the purpose of this
Appendix K, these terms are defined as follows:
HAZARDOUS FIRE AREA. Any area that is
determined to be a greater risk of fire due to the
presence of combustible vegetation or materials,
adverse terrain or adverse weather, including any
area designated by any authorized federal, state
or local entity as (i) a Fire Danger rating of
“High” or “Extreme” or (ii) included within a
fire ban area.
TRACER. Any bullet or projectile incorporating
a feature which marks or traces the flight of said
bullet or projectile by flame, smoke or other
means which results in fire or heat.
TRACER CHARGE. Any bullet or projectile
incorporating a feature designed to create a
visible or audible effect by means which results
in fire or heat and shall include any incendiary
bullets or projectiles.
SECTION K103
PERMITS
K103.1 Permits. The fire chief is authorized to
stipulate conditions for permits. Permits shall not be
issued when public safety would be at risk, as
determined by the fire code official.
SECTION K104
RESTRICTED ENTRY
K104.1 Restricted entry. The fire code official
shall determine and publicly announce when
hazardous fire areas shall be closed to entry to the
general public and when such areas shall again be
opened to entry. Entry on and occupation of
hazardous fire areas is prohibited during such time
when the hazardous fire area is closed to entry,
except public roadways, inhabited areas or
established trails and camps sites that have not been
specifically closed.
Exception: Entry, in the course of duty, by
peace officers or other duly authorized public
officers, members of a fire department and
members of the United States Forest Service.
SECTION K105
TRESPASSING ON POSTED PROPERTY
K105.1 General. When the fire code official
determines that a specific area within a hazardous
fire area presents an exceptional and continuing fire
danger because of the density of natural growth,
difficulty of terrain, proximity to structures or
accessibility to public, such areas shall be closed
until changed conditions warrant termination of
closure. Such areas shall be posted as hereafter
provided.
K105.2 Signs. Approved signs prohibiting entry by
unauthorized persons and referring to Appendix H
shall be placed on every closed area.
1967281.2 16
K105.3 Trespassing. Entering and remaining
within posted closed areas is prohibited.
Exception: Local, State, and Federal Public
Officers and their authorized agents acting in the
course of duty.
SECTION K106
SMOKING
K106.1 General. Lighting, igniting or otherwise
setting fire to or smoking tobacco, cigarettes, pipes
or cigars in hazardous fire areas is prohibited.
Exception: Places of habitation or within the
boundaries of established smoking areas or
campsites as designated by the fire code official.
SECTION K107
SPARK ARRESTERS
K107.1 Spark arresters. Chimneys used in
conjunction with fireplaces, barbeques, incinerators
or heating appliances in which solid or liquid fuel is
used, upon buildings, structures or premises located
within 200’ (60.96 M) of hazardous fire areas shall
be provided with a spark arrester constructed with
heavy wire mesh or other noncombustible material
with openings not to exceed 0.5” (12.7 mm).
SECTION K108
TRACER BULLETS, TRACER CHARGES,
ROCKETS AND MODEL AIRCRAFT
K108.1 General. Tracer bullets and tracer charges
shall not be possessed within or fired or caused to be
fired into or across hazardous fire areas. Rockets,
model planes, gliders and balloons powered with an
engine propellant or other feature capable of starting
or causing a fire shall not be fired or projected into
or across hazardous fire areas.
SECTION K109
EXPLOSIVES AND BLASTING
K109.1 Explosives and blasting. Explosives shall
not be possessed, kept, stored, sold, offered for sale,
given away, used, discharged, transported or
disposed of within hazardous fire areas except by
permit issued by the fire code official.
SECTION K110
FIREWORKS
K110.1 Fireworks. Fireworks shall not be used or
possessed in hazardous fire areas. The fire code
official or an appointed representative is authorized
to seize, take, remove or cause to be removed
fireworks in violation of this Section K110.
SECTION K111
APIARIES
K111.1 Apiaries. Lighted and smoldering material
shall not be used in connection with smoking bees in
or upon hazardous fire areas except by permit issued
by the fire code official.
SECTION K112
OPEN-FLAME DEVICES
K112.1 Open-flame devices. Welding torches, tar
pots, decorative torches and other devices, machines
or processes liable to start or cause fire shall not be
operated or used in or upon hazardous fire areas,
except by permit issued by the fire code official.
Exception: Use within inhabited premises or
designated campsites that are a minimum of 30’
(9,144 mm) from grass-, grain-, brush- or
forest-covered areas.
K112.2 Flame-employing devices. Flame-
employing devices, such as lanterns or kerosene road
flares, shall not be operated or used as a signal or
marker in or upon hazardous fire areas.
Exception: The proper use of fuses at the scene
of an emergency or as required by Fire
Department standard operating procedures.
1967281.2 17
SECTION K113
OUTDOOR FIRES
K113.1 Outdoor fires. Outdoor fires shall not be
built, ignited or maintained in or upon hazardous fire
areas, except by permit issued by the fire code
official.
Exception: Outdoor fires within habited
premises or designated campsites where such
fires are built in a permanent barbeque, portable
barbeque, outdoor fireplace, incinerator or grill
and are a minimum of 30’ (9,144 mm) from a
grass-, grain-, brush- or forest-covered area.
K113.2 Permits. Permits shall incorporate such
terms and conditions that will reasonably safeguard
public safety and property. Outdoor fires shall not be
built, ignited or maintained in or upon hazardous fire
areas when any of the following conditions exists:
1. When surface winds in excess of ten miles
per hour are blowing.
2. When a person age 17 or over is not present
at all times to watch and tend to the fire.
3. When a public announcement is made that
open burning is prohibited.
K113.3 Waste burning prohibited. Permanent
barbeques, portable barbeques, outdoor fireplaces or
grills shall not be used for the disposal of rubbish,
trash or combustible waste material.
SECTION K114
INCINERATORS AND FIREPLACES
K114.1 General. Incinerators, outdoor fireplaces,
permanent barbeques and grills shall not be built,
installed or maintained in hazardous fire areas
without prior approval of the fire code official.
Incinerators, outdoor fireplaces, permanent
barbeques and grills shall be maintained in good
repair and in a safe condition at all times. Openings
in such appliances shall be provided with an
approved spark arrester, screen or door.
Exception: When approved by the fire code
official, unprotected openings in barbeques and
grills are permitted where necessary for proper
functioning.
SECTION K115
CLEARANCE OF BRUSH AND VEGETATIVE
GROWTH FROM ELECTRICAL
TRANSMISSION LINES
K115.1 General. Clearance of brush and vegetative
growth from electrical transmission lines shall be in
accordance with this Section K115.
Exception: Section K115 does not authorize
persons not having legal right of entry to enter
upon or damage the property of others without
consent of the owner.
K115.2 Support clearance. Persons owning,
controlling, operating or maintaining electrical
transmission lines upon hazardous fire areas shall, at
all times, maintain around and adjacent to poles
supporting a switch, fuse, transformer, lightning
arrester, line junction, dead end, corner pole, tower
or other pole at which power company employees
are likely to work most frequently, an effective
firebreak consisting of a clearing or not less than 10’
(3,048 mm) in each direction from the outer
circumference of such pole or tower.
Exception: Lines used exclusively as telephone,
telegraph, messenger call, alarm transmission or
other lines classed as communication circuits by
a public utility.
K115.3 High tension line clearance. Persons
owning, controlling, operating or maintaining
electrical transmission lines upon hazardous fire areas
shall maintain the clearance specified in this Section
K115.3 in all directions between vegetation and
conductors carrying electrical current. Such distance
shall be sufficiently great to furnish the required
clearance from the particular wire or conductor to
positions of such wire or conductor at temperatures of
120 F (48.9 C) or less. Forked, dead, old, decaying
and rotten trees; trees weakened by decay or disease;
1967281.2 18
and trees leaning toward the line, that could contact
the line from the side or fall on the line, shall be
felled, cut or trimmed and removed from the
hazardous fire area. In no event shall the distances be
maintained at less than the following:
1. For lines operating at 2,400 volts and less
than 68,000 volts, 4’ (1,219 mm).
2. For lines operating at 68,000 volts and less
than 110,000 volts, 6’ (1,829 mm).
3. For lines operating at 110,000 volts and over,
10’ (3,048 mm).
K115.4 Self-supporting aerial cable. Line
clearance is not required for self-supporting aerial
cable, except that forked trees, leaning trees and
other growth that could fall across the cable and
break it shall be removed.
SECTION K116
CLEARANCE OF BRUSH OR VEGETATION
GROWTH FROM STRUCTURES
K116.1 General. Persons owning, leasing,
controlling, operating or maintaining buildings or
structures in, upon or adjoining hazardous fire areas,
and persons owning, leasing or controlling land
adjacent to such buildings or structures, shall at all
times:
1. Maintain an effective firebreak by removing
and clearing away flammable vegetation and
combustible growth from areas within 30’
(9,144 mm) of such buildings or structures.
Exception: Single specimens of trees,
ornamental shrubbery or similar plants
used as ground covers, provided that they
do not form a means of rapidly
transmitting fire from the native growth
to any structure.
2. Maintain additional fire protection or a
firebreak by removing brush, flammable
vegetation and combustible growth located
between 30’ and 100’ (9,144 mm to 30,480
mm) from such buildings or structures when
required by the fire chief because of extra-
hazardous conditions causing a firebreak of
only 30’ (9144 mm) to be insufficient to
provide reasonable fire safety.
Exception: Grass and other vegetation
located more than 30’ (9,144 mm) from
buildings or structures and less than 18”
(457 mm) in height above the ground
need not be removed where necessary to
stabilize the soil and prevent erosion.
3. Remove portions of trees that extend within
10’ (3,048 mm) of the outlet of a chimney.
4. Maintain trees adjacent to or overhanging a
building free of deadwood.
5. Maintain the roof of a structure free of leaves,
needles or other dead vegetative growth.
SECTION K117
CLEARANCE OF BRUSH OR VEGETATION
GROWTH FROM ROADWAYS
K117.1 Clearance of brush or vegetation. The fire
code official is authorized to cause areas within 10’
(3,048 mm) on each side of portions of highways
and private streets which are improved, designed or
ordinarily used for vehicular traffic to be cleared of
flammable vegetation and other combustible growth.
The fire code official or an appointed representative
is authorized to enter upon private property to do so.
Exception: Single specimens of trees,
ornamental shrubbery or cultivated ground such
as green grass, ivy, succulents or similar plants
used as ground cover, provided that they do not
form a means of readily transmitting fire.
SECTION K118
UNUSUAL CIRCUMSTANCES
K118.1 Unusual circumstances. If the fire code
official determines that difficult terrain, danger of
erosion or other unusual circumstances make strict
compliance with the clearance of vegetation
provisions of Sections K115, K116 or K117
impractical, enforcement thereof may be suspended
1967281.2 19
and reasonable alternative measures, as determined
by the fire code official, shall be provided.
SECTION K119
DUMPING
K119.1 Dumping. Garbage, cans, bottles, papers,
ashes, refuse, trash, or rubbish or combustible waste
material shall not be placed, deposited or dumped in
or upon hazardous fire areas or in, upon along trails,
roadways or highways in hazardous fire areas.
Exceptions: Approved public and private
dumping areas.
SECTION K120
DISPOSAL OF ASHES
K120.1 Disposal of ashes. Ashes and coals shall not
be placed, deposited or dumped in or upon hazardous
fire areas.
Exceptions:
1. In the hearth of an established fire pit, camp
stove or fireplace.
2. In a noncombustible container with a tight-
fitting lid, which is kept or maintained in a
safe location not less than 10’ (3,048 mm)
from combustible vegetation or structures.
3. Where such ashes or coals are buried and
covered with 1 foot (304.8 mm) of mineral
earth not less than 25’ (7,620 mm) from
combustible vegetation or structures.
SECTION K121
USE OF FIRE ROADS AND FIREBREAKS
K121.1 Use of fire roads and firebreaks.
Motorcycles, motor scooters and motor vehicles
shall not be driven or parked upon, and trespassing is
prohibited upon, fire roads or firebreaks beyond the
point where travel is blocked by a cable, gate or sign,
without the permission of the property owner.
Vehicles shall not be parked in a manner that
obstructs the entrance to a fire road or firebreak.
Exception: Public officers acting within their
scope of duty.
K121.2 Obstructions. Radio and television aerials,
guy wires thereto, and other obstructions shall not be
installed or maintained on fire roads or firebreaks
unless located 16’ (5,877 mm) or more above such
fire road or firebreak.
SECTION K122
USE OF MOTORCYCLES, MOTOR
SCOOTERS AND MOTOR VEHICLES
K122.1 Use of motor vehicles. Motorcycles, motor
scooters and motor vehicles shall not be operated
within hazardous fire areas without a permit by the
fire code official, except upon clearly established
public or private roads. Permission from the
property owner shall be presented when requesting a
permit.
SECTION K123
TAMPERING WITH FIRE DEPARTMENT
LOCKS, BARRICADES AND SIGNS
K123.1 Tampering with fire department locks,
barricades and sign. Locks, barricades, seals,
cables, signs and markers installed within hazardous
fire areas, by or under the control of the fire code
official, shall not be tampered with, mutilated,
destroyed or removed. Gates, doors, barriers and
locks installed by or under the control of the fire
code official shall not be unlocked.
SECTION K124
LIABILITY FOR DAMAGE
K124.1 Liability for damage. The expenses of
fighting fires that result from a violation of this
Appendix K shall be charged against any person
whose violation of Appendix K caused the fire.
Such expenses shall constitute a debt of such person
and are collectable by the fire code official in any
manner permitted by law.
1967281.2 20
APPENDIX L
EXCAVATION AND CONFINEMENT
SECTION L101
GENERAL
L101.1 Scope. The provisions of this Appendix L
shall apply to any man-made cut, cavity, trench or
depression in the earth’s surface caused by earth
removal, and are intended to identify procedures
to protect employees from the hazards of entry
into confined spaces.
SECTION L102
DEFINITIONS
L102.1 Definitions. For the purpose of this
Appendix L, these terms are defined as follows:
CONFINED SPACE. A space that meets all
of the following:
1. Is large enough and configured in a
manner to allow an employee to enter
and to perform assigned work.
2. Has limited or restricted means for
entry or exit.
3. Is not designed for continuous
employee occupancy.
EXCAVATION. Any man-made cut, cavity,
trench or depression in an earth surface that
has been formed by earth removal.
TRENCH. A narrow excavation made below
the surface of the ground. In general, the
depth is greater than the width, but the width
of the trench (measured at the bottom) is not
greater than 15’. If forms or other structures
are installed or constructed in an excavation so
as to reduce the dimension measured from the
form or structures to the side of the excavation
is 15’ or less, the excavation is a trench.
SECTION L103
EXCAVATION AND TRENCHES
L103.1 Excavations and trenches. Excavations
and trenches shall be in accordance with 29CFR,
Part 1926, Subpart P.
SECTION L104
CONFINED SPACES
L104.1 Confined spaces. Confined spaces shall
be in accordance with 29CFR, Part 1910.146.
Other recognized standards that must be adhered
to include 40CFR, Parts 280 and 281.
SECTION L105
UNSAFE CONDITIONS
L105.1 Unsafe conditions. When, in the opinion
of the fire code official or his/her designee, an
unsafe condition exists, excavation and confined
space operations shall cease until such time as
adequate means have been taken to provide for
the safety of persons working in or around the
excavation or confined space. Failure to do so
may result in citations and fines.
1967280.1
ORDINANCE NO. 13-06
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING BY REFERENCE THE “2012
INTERNATIONAL BUILDING CODE,” THE “2012 INTERNATIONAL
MECHANICAL CODE,” THE “2011 NATIONAL ELECTRICAL CODE,” THE
“2012 INTERNATIONAL SWIMMING POOL AND SPA CODE,” THE “2012
INTERNATIONAL ENERGY CONSERVATION CODE,” THE “2012
INTERNATIONAL FIRE CODE,” THE “2012 INTERNATIONAL
RESIDENTIAL CODE,” THE “2012 INTERNATIONAL FUEL GAS CODE,”
THE “2012 INTERNATIONAL PLUMBING CODE” AND THE “FOUNTAIN
HILLS AMENDMENTS TO THE 2012 INTERNATIONAL BUILDING CODE,
THE 2012 INTERNATIONAL RESIDENTIAL CODE, THE 2012
INTERNATIONAL ENERGY CONSERVATION CODE AND THE 2012
INTERNATIONAL FIRE CODE”; AND AMENDING THE FOUNTAIN HILLS
TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS,
RELATING TO THE CODIFICATION OF SAME.
WHEREAS, the Town of Fountain Hills (the “Town”) has previously adopted and
enforced a series of life/safety codes related to various aspects of building within the corporate
limits of the Town (the “Technical Codes”); and
WHEREAS, the Mayor and Council of the Town (the “Town Council”) desire to adopt
the most-recent versions of the 2012 Technical Codes; and
WHEREAS, on August 3, 1995, the Town Council adopted Ordinance 95-25, requiring
fire sprinklers in all residential structures (the “Town Sprinkler Requirement”) as a critical
component of its fire protection program; and
WHEREAS, in 2011 the Arizona Legislature adopted ARIZ. REV. STAT. § 9-807, which
prohibits municipalities from requiring fire sprinklers in residential buildings containing no more
than two dwellings (the “Sprinkler Ban”); and
WHEREAS, the Sprinkler Ban provides for “grandfathering” of local codes like the
Town Sprinkler Requirement that were adopted before December 1, 2009; and
WHEREAS, the 2012 Technical Codes include, as part of the International Fire Code, a
requirement for all residential structures to have fire sprinklers; and
WHEREAS, the Town Council desires to ensure that the Town Sprinkler Requirement is
preserved after adoption of the 2012 Technical Codes; and
WHEREAS, the Town Council specifically finds and determines that the current Town
Code provisions relating to the Town Sprinkler Requirements are not repealed by adoption of the
2012 Technical Codes and that the Town Sprinkler Requirements shall remain in full force and
effect in the form most recently adopted prior to December 1, 2009.
1967280.1
2
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. Pursuant to ARIZ. REV. STAT. § 9-802, those certain documents known as
the “2012 International Building Code,” the “2012 International Mechanical Code,” the “2011
National Electrical Code,” the “2012 International Swimming Pool and Spa Code,” the “2012
International Energy Conservation Code,” the “2012 International Fire Code,” the “2012
International Residential Code,” the “2012 International Fuel Gas Code,” the “2012 International
Plumbing Code” and the “Fountain Hills Amendments to the 2012 International Building Code,
the 2012 International Residential Code, the 2012 International Energy Conservation Code and
the 2012 International Fire Code,” (the “Technical Codes”), three copies of which are on file in
the office of the Town Clerk and are available for public use and inspection during normal
business hours, which documents were made public records by Resolution 2013-22, are hereby
referred to, adopted and made a part hereof as if fully set forth in this Ordinance.
SECTION 3. The Fountain Hills Town Code, Chapter 7 (Buildings and Building
Regulations), Article 7-1 (Technical Codes), Section 7-1-1 (Adoption by Reference; Violations),
is hereby amended as follows:
A. The following listed publications, three copies of which are on file in the office of the
town clerk and which are available for public inspection during normal business hours,
are hereby adopted by reference, together with all appendices and supplements thereto, as
if set out at length in this code:
1. The International Building Code, 2006 2012 Edition and all supplements, as
published by the International Code Council.
2. The International Mechanical Code, 2006 2012 Edition and all supplements, as
published by the International Code Council.
3. The National Electrical Code, 2005 2011 Edition and all supplements, as
published by the National Fire Protection Association.
4. The International Swimming Pool and Spa Code, 2006 2012 Edition and all
supplements, as published by IAPMO.
5. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition and
all supplements, as published by the International Conference of Building
Officials.
6. The International Plumbing Code, 2006 2012 Edition and all supplements, as
published by the International Code Council.
1967280.1
3
7. The MOST RECENT EDITION OF THE Maricopa Association of Governments
Standard Specifications and Uniform Details for Public Works Construction.
8. The International Energy Conservation Code, 2006 2012 Edition and all
supplements, as published by the International Code Council.
9. The International Fire Code, 2006 2012 Edition and all supplements, as published
by the International Code Council.
10. The International Residential Code, 2006 2012 Edition including all supplements,
as published by the International Code Council.
11. The International Fuel Gas Code, 2006 2012 Edition and all supplements, as
published by the International Code Council.
12. The Fountain Hills Amendments to the 2006 2012 International Building Code,
the 2006 2012 International Residential Code for One- and Two-Family
Dwellings, the 2006 2012 International Energy Conservation Code and the 2006
2012 International Fire Code.
SECTION 4. The Fountain Hills Town Code, Chapter 7 (Buildings and Building
Regulations), Article 7-1 (Technical Codes), Section 7-1-1 (Adoption by Reference; Violations),
is hereby amended by adding a new Subsection B to read as follows, and renumbering the
remainder of the section to conform.
B. Prior-Adopted Fire Code Preserved. The Council finds and determines that the adoption
of the 2012 International Fire Code, or any subsequent fire-safety code, shall not effect
the validity of the Town’s existing fire sprinkler requirements. To ensure preservation of
the Town’s fire sprinkler requirements, if there is a reference in the above-described
codes to a residential fire sprinkler requirement, the applicable code shall be the 2006
International Fire Code, amended as follows, which code and amendment were adopted
by the Council on April 17, 2008:
Section 903.2 is deleted in its entirety and replaced with the following:
903.2 Where required. An automatic sprinkler system shall be installed throughout all
levels of all new Groups A, B, E, F, H, I, M, R, S and U occupancies of more than zero
square feet in accordance with section 903, the Fire Department Interpretation and
Applications Manual, and as set forth below:
1. In every story or basement of all buildings. Fire-resistive substitutions in
accordance with provisions in the International Building Code, Chapter 6,
footnote d, are allowed for this subsection for Group R occupancies and for other
occupancies, provided that the automatic sprinkler is not otherwise required
throughout the building by any other provision or section of the applicable
building code.
1967280.1
4
2. At the top of rubbish and linen chutes and in their terminal rooms. Chutes
extending through three or more floors shall have additional sprinkler heads
installed within such chutes at alternate floors. Sprinkler heads shall be accessible
for servicing.
3. In rooms where nitrate film is stored or handled. See also Section 306.
4. In protected combustible fiber storage vaults.
5. In any building that has a change in occupancy as defined in the applicable
building code.
Exceptions: The following accessory structures shall be exempt from fire
sprinkler requirements:
1. Gazebos and ramadas for residential and public use.
2. Independent rest room buildings associated with golf courses, parks and
similar uses.
3. Guardhouses for residential and commercial developments.
4. Detached, non-combustible carports for residential and commercial
developments with covered parking less than 15,000 square feet (1394
m2).
5. Barns and agricultural buildings for private, residential, non-commercial
use, not exceeding 1,500 square feet (139.35 m2) with no habitable areas.
6. Detached storage sheds for private, residential, non-commercial use, not
exceeding 1,500 square feet (139.35 m2).
7. Detached one, two and three car garages (without habitable spaces) in
existing R-3 developed parcels which contain existing non-sprinklered
subdivision requirements (i.e. 700 foot (213.36 m) hydrant spacing.
8. For fuel dispensing canopies not exceeding 1,500 square feet (139.35 m2).
9. Open shade horse stalls of non-combustible construction for private,
residential, non-commercial use, not exceeding 5,000 square feet (464.52
m2) and not containing combustible products, vehicles or agricultural
equipment.
1967280.1
5
10. Detached one-story accessory building used as a tool and/or storage shed
containing non-hazardous materials and not exceeding 200 square feet
(11.15 m2).
11. Special use non-combustible structures as approved by the Chief.
Section 903.2.1 Group A is deleted in its entirety and replaced with the following:
903.2.1 Group A. An automatic sprinkler system shall be installed throughout all Group
A occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as
modified by the Fire Department Interpretation and Applications Manual.
Section 903.2.2 Group E is deleted in its entirety and replaced with the following:
903.2.2 Group E. An automatic sprinkler system shall be installed throughout all Group
E occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as modified
by the Fire Department Interpretation and Applications Manual.
Section 903.2.3 Group F is deleted in its entirety and replaced with the following:
903.2.3 Group F. An automatic sprinkler system shall be installed throughout all Group
F occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as modified
by the Fire Department Interpretation and Applications Manual.
Section 903.2.4 is deleted in its entirety and replaced with the following:
903.2.4 Group H. An automatic sprinkler system shall be installed throughout all Group
H occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as
modified by the Fire Department Interpretation and Applications Manual.
Section 903.2.5 Group I is deleted in its entirety and replaced with the following:
903.2.5 Group I. An automatic sprinkler system shall be installed throughout all Group I
occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as modified
by the Fire Department Interpretation and Applications Manual.
Exception: In jails, prisons and reformatories, the piping system may be dry,
provided a manually operated valve is installed at a continuously monitored location.
Opening of the valve will cause the piping system to be charged. Sprinkler heads in
such systems shall be equipped with fusible elements or the system shall be designed
as required for deluge systems in the applicable building code.
1967280.1
6
Section 903.2.6 Group M is deleted in its entirety and replaced with the following:
903.2.6 Group M. An automatic sprinkler system shall be installed throughout all Group
M occupancies in accordance with NFPA 13 Installation of Sprinkler Systems as
modified by the Fire Department Interpretation and Applications Manual.
Section 903.2.7 Group R is deleted in its entirety and replaced with the following:
903.2.7 Group R. An automatic sprinkler system shall be installed throughout all Group
R occupancies in accordance with NFPA 13, 13-R, or 13D Installation of Sprinkler
Systems as modified by the Fire Department Interpretation and Applications Manual.
Section 903.2.8 is deleted in its entirety and replaced with the following:
903.2.8 Group S-1 occupancies. An automatic sprinkler system shall be installed
throughout all Group S-1 occupancies in accordance with NFPA 13 Installation of
Sprinkler Systems as modified by the Fire Department Interpretation and Applications
Manual.
Section 903.2.8.1 is deleted in its entirety and replaced with the following:
903.2.8.1 Repair garages. An automatic sprinkler system shall be installed throughout
all repair garages in accordance with NFPA 13 Installation of Sprinkler Systems as
modified by the Fire Department Interpretation and Applications Manual.
Section 903.2.9 is deleted in its entirety and replaced with the following:
903.2.9 Group S-2 occupancies. An automatic sprinkler system shall be installed
throughout all Group S-2 occupancies in accordance with NFPA 13 Installation of
Sprinkler Systems as modified by the Fire Department Interpretation and Applications
Manual.
Section 903.2.9.1 is deleted in its entirety and replaced with the following:
903.2.9.1 Commercial parking garages. An automatic sprinkler system shall be
installed throughout all commercial parking garages in accordance with NFPA 13
Installation of Sprinkler Systems as modified by the Fire Department Interpretation and
Applications Manual.
Section 903.2.10 is deleted in its entirety and replaced with the following:
903.2.10 All Group R-3 and U occupancies. An automatic sprinkler system shall be
installed throughout all Group R-3 and U occupancies in accordance with NFPA 13 or
13-D Installation of Sprinkler Systems as modified by the Fire Department Interpretation
and Applications Manual.
1967280.1
7
Section 903.2.14 is added as follows:
903.2.14 Group B occupancies. An automatic sprinkler system shall be installed
throughout all Group B occupancies in accordance with NFPA 13 Installation of
Sprinkler Systems as modified by the Fire Department Interpretation and Applications
Manual.
Section 903.3 is deleted in its entirety and replaced with the following:
903.3 Installation requirements. Automatic sprinkler systems shall be designed and
installed in accordance with NFPA 13, 13-R, 13-D as modified by the Fire Department
Interpretation and Applications Manual.
Section 903.3.5.3 is added as follows:
903.3.5.3 Use of non-potable water for fire protection.
1. All commercial structures for which a building permit is issued adjacent to golf
courses using non-potable or reclaimed water for irrigation with sufficient storage
capacity onsite may be sprinklered using this supply.
2. Irrigation systems shall be designed to meet the Fire Department’s standards of
gallons per minute flow and pressure necessary to supply adequate fire flow.
3. A standby power supply for pumping station supplying fire flow shall be
provided.
4. Fire hydrants on domestic supply shall be placed in close proximity to the Fire
Department connection for structural sprinkler systems to provide a secondary
water supply.
5. Fire hydrants placed on approved non-potable, reclaimed water supply systems,
shall have caps and bonnet painted with a prime coat plus two coats of black
paint. A placard shall be affixed to the hydrant in English and Spanish DO NOT
DRINK WATER. Non-potable water supplies shall use approved material for
construction of all mains and supply lines and shall have the written approval of
the city manager or his designee.
6. All water inlets for non-potable systems shall be required to have a sufficient
straining and filtering capacity to eliminate all foreign objects from blocking
sprinkler orifice. Chlorination of inlet lines shall be required.
Section 903.3.6 is deleted in its entirety and replaced with the following:
903.3.6 Hose threads. Fire hose threads used in connection with automatic sprinkler
systems shall be National Standard Threads.
1967280.1
8
Section 903.3.7 is deleted in its entirety and replaced with the following:
903.3.7 Fire Department connections. Fire Department connections shall be located
within 4 feet (1219.2 mm) to 8 feet (2438.4 mm) of the curb line of an access road or
public street, or as otherwise specified or as approved by the Chief. The Fire Department
connection line shall be a wet line with the check valve at the hose connection above
grade. The access to the fire department connection shall be at curb grade. See Fire
Department Interpretation and Applications Manual.
Section 903.7.1 is added as follows:
903.3.7.1 Wall mounted. Systems may have wall mounted fire department connections
only on light and ordinary hazard Group I systems when there are no structural openings
or combustible overhangs within 15 feet (4572 mm) horizontally or vertically from inlet
connection. See Fire Department Interpretation and Applications Manual.
Section 903.7.2 is added as follows:
903.3.7.2 Additions, alterations and repairs. When the gross area of additions,
alterations, remodeling, reconstruction and repairs within a twelve month period exceed
50% of the gross area of the existing building or structure, such building or structure shall
have an automatic fire sprinkler system installed throughout the entire structure or
building in accordance with this section.
Section 903.7.3 is added as follows:
903.3.7.3 Partial systems prohibited. In all new additions to existing non-sprinklered
buildings and structures, an automatic sprinkler system shall be installed in accordance
with this section. There shall be no partially sprinklered compartments. Sprinklered and
unsprinklered areas of a structure shall be separated in accordance with all applicable
codes and standards.
Section 903.4 is deleted in its entirety and replaced with the following:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperature,
critical air pressure and water-flow switches on all sprinkler systems shall be electrically
supervised. See Fire Department Interpretation and Applications Manual.
Exceptions:
1. Automatic sprinkler systems protecting one- and two-family dwellings.
2. Limited area systems serving fewer than 20 sprinklers for E, H, and I
occupancies and more than 100 sprinklers in all other occupancies.
1967280.1
9
3. Automatic sprinkler systems installed in accordance with NFPA 13R where a
common supply main is used to supply both domestic and automatic sprinkler
systems and a separate shutoff valve for the automatic sprinkler system is not
provided.
4. Jockey pump control valves that are sealed or locked in the open position.
5. Paint spray booths or dip tanks that are sealed or locked in the open position.
6. Valves controlling the fuel supply to fire pump engines that are sealed or
locked in the open position.
7. Trim valves to pressure switches in dry, pre-action and deluge sprinkler
systems that are sealed or locked in the open position.
Section 903.4.2 is deleted in its entirety and replaced with the following:
903.4.2 Alarms. Approved audible devices shall be connected to every automatic
sprinkler system. Such sprinkler water-flow alarm device shall be activated by water
flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the
system. Alarm devices shall be provided on the exterior of the building in an approved
location. An interior alarm to alert the occupants shall be provided in the interior of the
building in a normally occupied location when off-site monitoring is required. Where a
fire alarm system is installed, activation of the automatic sprinkler system shall actuate
the building fire alarm system.
SECTION 5. Except as set forth below, any person found guilty of violating any
provision of the Technical Codes shall be guilty of a class one misdemeanor, punishable by a
fine not to exceed $2,500.00 or by imprisonment for a period not to exceed six months, or by
both such fine and imprisonment. Any person found guilty of violating any provisions of the
2012 International Fire Code or that portion of the “Fountain Hills Amendments to the 2012
International Building Code, the 2012 International Residential Code and the 2012 International
Fire Code” relating to the 2012 International Fire Code shall be subject to a civil sanction for the
first such violation and, for a subsequent violation thereof, shall be guilty of a class one
misdemeanor, punishable by a fine not to exceed $2,500.00 or by imprisonment for a period not
to exceed six months, or by both such fine and imprisonment. Each day that a violation
continues shall be a separate offense.
SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance.
SECTION 7. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps necessary to carry out the purpose and intent
of this Ordinance.
1967280.1
10
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, October 17, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
Significant Changes Matrix for the
2006 -2012 International Codes
TOWN OF FOUNTAIN HILLS
DEVELOPMENT SERVICES DEPARTMENT
International Building Code 2006 – 2012 Significant Changes Matrix
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Section /Topic Type 2006 2009 2012 Comments
Part 1 Administration (Chapters 1 and 2)
102.4 Conflicting Provisions between Codes and Standards C Conflicts between the I-
Codes and Referenced
Standards, the I-Codes
take precedence. (Codes
before Standards)
104.10.1 Code Modifications for Floor Hazard Areas A Criteria for modifications
to flood hazard areas
(NFIP)
City
Engineer is
currently
responsible
105.2, #B2 Fences, Exempt from Permits M Increases the exempt
height from 6 to 7 feet
107.1 Submittal Documents C Submittal vs. Construction
Documents. Provides
clarity for “all” documents
which may be required for
application.
202 Definitions C “high-rise” occupied floor
75’ above lowest level FD
access.“ story above grade
plane” removes the
reference to a basement
All definitions are located
in Chapter 2 of the code.
Part 2 Building Planning (Chapters 3-6)
303.1.3 Assembly Rooms Associated with Group E Occupancies C Language to clarify
“associated” assembly
areas (larger) and for the
“accessory” assembly
areas (smaller) to minimize
confusion with mixed use
occupancies
303.3 Occupancy Classification of Casino Gaming Floors A Added classification of
“Casinos (gaming areas)”
as A2 due to associated
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Section /Topic Type 2006 2009 2012 Comments
hazards
303.3, 306.2 Occupancy Classification of Commercial Kitchens C Added clarity of cafeterias
and similar dining facilities
and associated commercial
kitchens as A-2
Commercial Kitchens not
associated with
restaurants, cafeterias
considered as F-1
304.1 Ambulatory Health Facilities A New definition:
Ambulatory Health Care
Facility”: less than 24-hour
care for persons incapable
of self-preservation due to
medical reasons.*
“Clinic - Outpatient”
medical care, less than 24-
hour basis to persons not
rendered incapable of by
medical service provided.*
*definitions moved to
Chap. 2
307.4, Table 307.1(1) Facilities Generating Combustible Dusts M H-2 occupancy requires
technical reports on and
opinion for the building
official to make decision
on combustible dust
hazard
308.2, 202 Definitions of Care Facilities C Revisions & additions for
care facilities, moved to
Chapter 2
308.4, Occupancy Classification for Medical Care Facilities M I-2 occupancy applies only
to medical care of over 5
persons
308.5.1 Classification of Adult Care Facilities M Adult care for persons
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Section /Topic Type 2006 2009 2012 Comments
capable of self
preservation classified R-3
310.1 Classification of Residential Uses A R-3 added transient 10 or
fewer. R-2 includes
Live/work units R-4 where
allowed, may comply with
IRC, provided sprinkled.
310.6 Uses Classified as Group R-4 Occupancies M Clarification of supervised
or personal care of 16 or
fewer. Eliminating similar
supervised care buildings
constructed under IRC.
402 Open Mall Buildings C Clarifications of changes to
open mall provisions
402.2 Open Mall Buildings A Definitions of open mall
and min. open space
requirements of 20’
402.6.1, 402.8 Covered Mall Building Perimeter Open Space M Reduction to the required
open space of covered
mall buildings. Common
areas wall and ceiling
finishes min Class B flame
spread
403.4.4 High Rise Buildings- Emergency Responder Radio A High-rise emergency
responder radio coverage
complying with Section
510 of the IFC
403.4.6 High Rise Buildings – Smoke Removal A Mandate for means of
smoke removal by natural
or mechanical ventilation
403.5.2 High Rise Buildings – Additional Exit Stairway A Buildings over 420’ in
height
403.5.5 High Rise Buildings – Luminous Egress Markings A High Rise buildings with
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Section /Topic Type 2006 2009 2012 Comments
Group A, B, E, I, M and R-1
require luminous egress
path marking
403.6.1 High Rise Buildings – Fire Service Access Elevators A/M Buildings with occupied
floor over 120’ require
min. one fire service access
elevator
Increase the number of
fire service access elevator
to TWO
403.6.2 High Rise Buildings – Occupant Evacuation Elevators A Properly installed
elevators can be used for
occupant evacuation
406.2.4 Vehicle Barriers in Parking Garages M Min. height increase from
24” to 33” and increased
loading.
406.4 Public Parking Garages C parking garages which fall
out of the scope of 406.3,
private garage are
regulated as public
406.5.2.1 Open Parking Garages – Openings Below Grade A Requires horizontal clear
space 1.5 times the depth
of the opening
406.5.5 Open Parking Garages – Hight and Area Increases M The calculation method
was modified to be more
consistent, 7’ maximum
height for interior area of
each tier.
408.7 Security Glazing in group I-3 Occupancies M Allowing security glazing in
I-3 occupancies in fire
barriers provided
automatic sprinklers are
installed on both sides
without obstructions,
gasketed frames, max.
glazing 1296 sq. in.
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Section /Topic Type 2006 2009 2012 Comments
410.3.5 Stage Proscenium Curtains M Modifies section to
reference the NFPA 80,
Fire Doors and Opening
Protectives.
410.6.3, 202 Technical Production Areas C Updated terminology &
relocates special means of
egress for such areas
relocated Sec. 410
412.4.6.2 Aircraft Hangar Fire Areas M Ancillary spaces/storage
areas not included in
service fire area
414.5 Inside Storage, Dispensing, and Use of Hazardous
Materials
C Scoping consistency with
IFC
419, 202 Live/Work Units A/M New section developed
addressing primarily
dwelling/sleeping units
with a considerable non-
residential use included
Means of egress &
plumbing requirements for
non-residential portion
regulated by specific use
rather than the R-2 use.
420.2, 420.3 Separation of Dwelling and Sleeping Units A Same degree of fire
separation between
dwelling/sleeping units
and any other type of
occupancies within
building
422 Ambulatory Care Facilities A/M Special provisions for
Group B health care
facilities, where individuals
incapable of self
preservation
Ambulatory Health Care
/Mixed use buildings
intending to have four or
more persons requires fire
separation between uses
423 Storm Shelters A New Storm Shelter
standard ICCNSSA 500-
2008
424 Children’s Play Structures M Play structures located in
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Section /Topic Type 2006 2009 2012 Comments
any building now regulated
by IBC, (previously only
those contained in
covered malls)
501.2 Address identification M Fire code official may
require address posted in
multiple locations
emergency response
502.1 Definition of Basement M Revision, basements do
not qualify as stories
above grade
503 (Table) Allowable Building Height M Reduced building heights
for buildings of Type IIB &
IIIB for uses B, M, S-1, S-2
505.2.2 Mezzanine Means of Egress M Means of egress for
mezzanines located in
Chapter 10
506.2 Allowable Area Frontage Increases C Method of calculation on
allowable area increases
based on frontages
clarified
506.2.1 Frontage Increase for Buildings on the Same Lot C Open space between
buildings may be
considered for both
buildings
506.5 Mixed-occupancy Multi-story Allowable Area C Mixed use, multi-story
buildings method of
calculation clarified
507.1 Unlimited Area Buildings – Accessory Occupancies C Allowances for accessory
occupancies in accordance
with 508.2 which are not
specifically referenced in
Section 507
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Section /Topic Type 2006 2009 2012 Comments
507.1 Unlimited Area Buildings – Open Space C Added information to
clarify the measurement
method.
507.6/507.7 Group A-3 Unlimited Area Buildings M A-3 occupancies of Type III
or IV permitted to be
unlimited when certain
conditions are met
507.8 Unlimited Area Buildings – Group H Occupancies C Clarification and
reformatting for more
consistent application
508.2.5,
Table 508.2.5 Incidental Accessory Occupancies
M Formally Incidental Use
Areas, have imposed size
limitations.
Parking garage & storage
rooms not regulated as
Incidental
508.4 (Table) Group I-2 Separated Occupancies M Increased separation
required between I-2 and
any other occupancy
(minimum 2-hour)
509 Incidental Uses – General Provisions C Concept of incidental uses
has been clarified by
eliminating the previous
relationship with the
mixed-occupancy
provisions
509 Incidental Uses – Separation and Protection M Required separation or use
of an automatic sprinkler
system (not fire-
extinguishing system)
509 (Table) Incidental Uses – Rooms or Areas M Waste and linen rooms in
Group B ambulatory care
facilities must be
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Section /Topic Type 2006 2009 2012 Comments
separated minimum 1-
hour
509.2 Horizontal Separation of Buildings M Allowance of Group R
occupancies below the
separation and presence of
parking facilities is not
required
509.5, 509.6 Special Height Increases for Group R-1
Occupancies
M Special increases allowed
on Group R-2 of Type
IIAI/IIIA extended to Group
R-1
509.9 Multiple Buildings Above Parking Garage C Special provisions allow for
multiple separate and
distinct buildings above or
below when horizontal
separation present
602 (Table) Note h, Fire Ratings of Exterior Walls M Nonbearing exterior walls
that are permitted to have
unlimited unprotected
opening based on Table
705.8 are no longer
required to have a fire-
resistance rating due to
fire separation distance
602.1 Fire Resistance Ratings Based on Construction Type C Clarified provisions
regarding the fire-
resistance of building
elements and the presence
of openings, joints,
penetrations, and ducts
603.1 Combustible Material in Types I and II Construction M Use of fire-retardant –
treated wood (FRTW)
within roof construction is
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Section /Topic Type 2006 2009 2012 Comments
allowed in buildings of
Type IB construction
701.2 Multiple-Use Fire Assemblies C Where rated walls utilized
for multiple purposes, all
applicable requirements
for all must be met
703.4 Establishing Fire Resistance Ratings C Fire suppression system is
not permitted to be
included as part of a tested
building element,
component, or assembly in
order to establish the fire-
resistance
703.6 Identification of Fire and Smoke Separation Walls A Fire wall, fire barriers and
other walls required to
have protected openings
/penetrations must be
identified above ceiling
where concealed space
created, i.e. “Fire Barrier
Protect All Opening”
703.7 Identification of Fire and Smoke Separation Walls M Size & location of
identifying markings
required on fire assemblies
modified to increase
potential for markings to
be seen
704, 202 Fire-resistance Ratings of Structural Members M Reorganized section,
columns requiring fire-
resistant now must be
protected by individual
encasement regardless of
loading conditions
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Section /Topic Type 2006 2009 2012 Comments
704.9 Impact Protection for Fire Protective Coverings M Impact protection no
longer required on
concrete columns in
parking garages
704.11 Fire Protection of Bottom Flanges M Lintel, unprotected steel
angle has been increased
slightly to accommodate
openings containing a pair
of 3’ doors
704.13 Sprayed Fire-resistant Materials (SFRM) A Sprayed fire-resistant
materials (SFRM) is
specifically regulated to
minimize the potential for
the materials to be
dislodged
705.2 Limitations on Extension of Projections M The method for
determining the maximum
extent of a projection
beyond the exterior wall
has been extensively
revised
705.2 Extent of Projections beyond Exterior Walls M Minimum distance of
projection clearly stated in
Table 705.2
705.2.3 Protection of Combustible Projections M The threshold at which
combustible projections
must be protected for fire
exposure has been
modified to include
projections with greater
fire separation distances
than previously regulated
705.3 Projections from Buildings on the Same Lot M Projections extending
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Section /Topic Type 2006 2009 2012 Comments
beyond opposing exterior
walls of two buildings on
the same lot must comply
with Section 705.2
705.5 Fire-resistance Ratings of Exterior Walls M Exterior walls required to
be fire-resistance rated
must mow be rated for fire
exposure from both sides
where fire separation
distance is 10’ or less
705.8 Maximum Area of Exterior Wall Openings M Reformatted, slightly
modified to coincide with
Table 602
706.2 Double Fire Walls A To satisfy the intended
objective of structural
stability the use of a
double fire wall complying
with NFPA 221 is
permitted as an alternative
to a single fire wall
706.5.1 Fire Wall Intersection at Exterior Walls A Alternative method using
an imaginary lot line
established for regulating
exterior wall and opening
protection adjacent to the
intersection of a fire wall
and the exterior wall.
706.6, 706.6.2 Fire Wall Height at Sloped Roofs A Provisions added for
parapet height
requirements for fire walls
to address sloped roof on
one or both sides of
parapet
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Section /Topic Type 2006 2009 2012 Comments
707.3.9 Separation of Fire Areas C Mixed use fire-barriers
must have a minimum fire-
resistance rating of the
most restrictive occupancy
w/Table 707.3.9
707.8, 707.9 Intersections of Fire Barriers at Roof Assemblies M The void intersecting a fire
barrier and a nonfire-
resistance rated roof
assembly does not require
fire-resistant joint sys.
708.2, Exc. 7, 14, and 15 Shaft Enclosure Exceptions C The extent of a concealed
space in regard to the
allowance for two stories
to be open to each other
w/o shaft protection
708.14.1 Elevator Lobby Protection M Group I-2 must be
afforded the protection
provided by elevator
lobbies, same as for Group
I-3 and high-rise buildings
709.4 Continuity of Smoke Barriers C Smoke barrier walls used
for elevator lobbies and
areas of refuge are no
longer required to extend
from outside wall to
outside wall
712 Vertical Openings C Reformatting places
emphasis on the presence
of vertical openings rather
than on shaft enclosures,
recognizing the use of
shaft enclosures is an
acceptable protective
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measure that can be
utilized to address the
hazards related to vertical
openings
712.9, 407.4.3 Horizontal Smoke Barriers A Horizontal assemblies
utilized as smoke barriers
are now more specifically
regulated where openings
for elevator shafts,
penetrations, and joints
713.13 Refuse and Laundry Chutes in Group I-2 Occupancies M IBC requirements for
refuse & laundry chutes no
longer applicable in Group
I-2; now regulated by
Chapter 5 NFPA 82
713.13.4 Fire Protection of Termination Rooms M Level of fire protection for
refuse or laundry chute
termination room has
been modified for
consistency as mandated
for the shaft encloses the
chutes
713.14.1 High-Rise Buildings – Elevator Lobbies M Hoistways in high-rise
more than 3-stories,
serving less than 75’ above
FDA no longer require
elevator lobby protection.
714.4.1 Exterior Wall/Floor Intersections A Approved material capable
of resisting the spread of
fire and hot gases must
now be installed in open
space at the intersection
of an exterior curtain wall
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Section /Topic Type 2006 2009 2012 Comments
and a nonfire-resistance-
rated floor or floor
assembly
714.4.1.1.2 Floor Penetrations of Horizontal Assemblies M Approved through-
penetration firestop
system to protect floor
penetrations of horizontal
assemblies due to the
presence of floor, tub, &
shower drains no longer
required to have T rating
714.4.1.2 Interruption of Horizontal Assemblies M 1-hour or 2-hour
floor/ceiling, roof/ceiling
assembly is permitted to
be interrupted by double
top plate of a rated wall
714.5/715.6/202 L Ratings C “L” rating identifying air
leakage rate as defined in
Chapter 2 – is now
mandated for penetration
firestop systems utilized in
smoke barrier construction
715.4 Exterior Curtain Wall/Floor Intersection M ASTM E 119 test criteria
acceptable for addressing
voids at intersections of
fire-resistance-rated floor
assemblies and exterior
curtain wall assemblies,
but only curtain wall
assemblies where the
vision glass extends down
to the finished floor level
716.3/202 Marking of Fire-Rated Glazing Assemblies C Table 716.3 added to
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Section /Topic Type 2006 2009 2012 Comments
define & relate various test
standards for fire-rated
glazing
716.5 (Table) Opening Protection Ratings and Markings C Table 715.4 extensively
expanded to include
maximum size & marking
requirements for door
vision panels, min. rating &
marking sidelight/transom
716.5.5.1 Glazing in Exit Enclosure and Exit Passageway Doors M Glazing in fire door
assemblies in interior
stairways, ramps, exit
passageways revised max.
permitted size of the
glazing and the limitations
where the building is fully
sprinklered.
716.5.6 Protection of Air Openings in Rated Exterior Walls A Fire dampers mandated
for duct penetration in
fire-resistance-rated
exterior walls required to
have protected openings
716.6 (Table) Fire-Protection-Rated Glazing C Table 716.6 now identifies
the markings required on
the fire-rated glazing for
acceptance in specified
applications
726.6.5 Wired Glass in Fire Window Assemblies D The allowance for the use
of wired glass without
compliance with the
appropriate test standards
has been deleted
717.5.4 Fire Damper Exemption for Fire Partitions M The omission of fire
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Section /Topic Type 2006 2009 2012 Comments
dampers in fire partitions
is now permitted under
the same criteria that have
been previously
established for fire barriers
718.2.6 Fireblocking within Exterior Wall Coverings M In combustible
construction, the
installation of fireblocking
within concealed spaces of
exterior wall coverings no
longer required if wall
covering is tested and
installed per NFPA 285
Chapter 8 Interior Finishes C Reformatted in its entirety
to allow for a more
appropriate methodology
in the application of
provisions for interior
finishes
803.11.4 Thin Interior Finishes M The maximum ¼” thick
Class A materials are not
permitted as interior wall
or ceiling finishes where
suspended or set-out from
their backing unless
qualified as
noncombustible
803.12 High-Density Polyethylene (HDPE) and Polypropylene
(PP)
Polypropylene interior
finishes must be tested by
NFPA 286 test
803.13 Site-Fabricated Stretch Systems A Site-fabricated stretch
systems used as interior
wall and ceiling finish
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Section /Topic Type 2006 2009 2012 Comments
materials are now to be
tested as composite
systems
804.4 Interior Floor Finish Requirements Fibrous floor finishes not
separated from corridor
with full height walls must
meet same requirements
as corridor floor
804.4.1 Floor Covering Materials in Group I-1 Occupancies A The minimum classification
for floor covering materials
in exitways of I-1
occupancies ahs been
established as Class I in
nonsprinklered buildings
and Class II in sprinklered
building
901.8 Pump and Riser Room Size Rooms housing fire
protection systems must
be adequately sized to
facilitate maintenance
902.1 Definition of Fire Area M Definition modified to
include any unenclosed
floor area w/roof or floor
above
903.2.2 Sprinklers in Ambulatory Care Facilities Automatic sprinkler
requirements for Group B
ambulatory care facilities
are now regulated on a
floor-by-floor basis
903.2.3 Sprinkler Protection in Group E Occupancies M Reduced fire area
threshold at which a Group
E occupancy must be
provided with automatic
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sprinkler system, reduced
from 20,000SF to 12,000SF
903.2.4/903.2.7/903.2.9 Furniture Storage and Display in
Group F-1, M, and S-1 Occupancies
Automatic sprinkler
systems are now required
in occupancies where
upholstered furniture or
mattresses are
manufactured, stored, or
displayed
903.2.7 Sprinkler Systems in Group M Furniture Stores M Automatic sprinkler
protection required in all
Group M that display or
sell upholstered regardless
of the size
903.2.10 Sprinklers in Group S-2 Enclosed Parking Garages M Group S-2 enclosed
parking garages now only
where the fire area
exceeds or is located
beneath other groups
903.2.11.1 Stories Without Adequate Exterior Openings C Appropriate method for
the distribution of exterior
wall openings providing
fire department access to
non-sprinklered stories
and basements has been
clarified
903.2.11.1.3 Sprinkler Protection for Basements M Basements provided with
walls, partitions, or
fixtures that can obstruct
water from hose streams
now required automatic
sprinkler protection
903.2.11.2 Sprinkler Protection of Rubbish and Linen Chutes M Automatic sprinkler
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protection requirements
for rubbish and linen
chutes have been clarified
for consistency of
application
903.3.1.2.1 Sprinkler Protection of Residential Balconies and
Decks
M Automatic sprinkler
protection of dwelling unit
exterior decks and
balconies is now required
only where there is a
combustible deck or roof
above
903.3.1.3 NFPA 13D Sprinkler Systems A NFPA 13D 1&2 family, has
been extended to include
townhouses
903.3.5.2 Secondary Water Supply Secondary water supplies
must now be designed to
operate automatically
904.3.2 Actuation of Multiple Fire-Extinguishing Systems M When 2 or more
alternative automatic fire-
extinguishing systems are
required to protect a
hazard, systems to be
designed to
simultaneously operate.
905.4 Location of Class I Standpipe Hose Connections M Requirements for roof
hose connections on Class
I standpipes have been
clarified
906 Portable Fire Extinguishers A IFC provisions for portable
fire extinguishers added to
IBC
906.1 Portable Fire Extinguishers in Group R-2 Occupancies M Portable fire extinguishers
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are no longer required in
many public and common
areas of Group R-2
occupancies provided a
complying extinguisher is
provided within each
individual dwelling unit
907.2, Exceptions Manual Fire Alarm Box in Group R-2 M Requirement and location
specifications for a single
manual fire alarm box in a
sprinklered Group R-2
occupancy clarified
907.2.1 Fire Alarms Systems in Group A Occupancies M Requirements for a fire
alarm system in a building
housing two or more
Group A occupancies are
now based on whether or
not the occupancies are in
separate fire areas
907.2.1.2 Emergency Voice/Alarm Communication Captions A Mass notification fire
alarm signals in large
stadiums, arenas, and
grandstands now required
captioned messages
907.2.3 Group E Fire Alarm Systems M An emergency voice/alarm
communications system is
now required in Group E
occupancies with an
occupant load of 30 or
more
907.2.9.3 Smoke Detection in Group R-2 College Buildings A Smoke detection system,
tied into the occupant
notification system, is now
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required in certain public
and common spaces of
Group R-2 college and
university buildings, and
the required smoke alarms
within individual dwelling
and sleeping units must be
interconnected with the
building’s fire alarm and
detection system
907.2.11.3 Wireless Interconnection of Smoke Alarms M Smoke alarm
interconnection
requirements are now
applicable to Group I-1
occupancies and include
allowances for use of
wireless alarms
908.7 Carbon Monoxide Alarms A In new and existing
buildings, carbon
monoxide (CO) alarms are
now required in Group R
and I occupancies with
fuel-burning appliances or
attached garages
913/913.2.1 Protection of Fire Pump Rooms A Fire-resistant separation in
accordance with the IBC
914 Emergency Responder Safety Features A IFC requirements for the
identification of shaftway
hazards and location of fire
protection systems are
now included in the IBC
Part 3 Means of Egress (Chapter 10)
1001.4 Fire Safety and Evacuation Plans A A reference is now
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provided to the IFC
provisions addressing
emergency planning,
procedures, and training
programs in order to have
consistent requirements
for the development of
evacuation plans
1002.1 Means of Egress Definitions A New & revised definitions
1004.1.2/1004.1.2 (Table) Design Occupant Load – Areas
without Fixed Seating
M Occupant load factor for
museums and exhibit
galleries established - 30
SF per occupant
1005 Means of Egress Capacity Determination M Reduced exit width factors
established for sprinklered
building provided with
emergency voice/alarm
communication system
1005.1 Minimum Required Egress Width M Allowance for reduction in
minimum required means
of egress width because of
the presence of an
automatic sprinkler system
is eliminated
1005.2/1005.3 Door Hardware Encroachment into Egress
Width
M Clarifying the general
allowances for
encroachment into the
required means of egress
width, the method of
measurements for
encroaching doors has
been specifically
addressed
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1007 Accessible Means of Egress M Exterior area for assisted
rescue can now be
provided on stories above
level of exit discharge.
Open Interior exit access
stairways are now
recognized as accessible
means of egress.
1007.3/1007.4 Required Areas of Refuge M Areas of refuge are no
longer mandated as
required elements of
accessible means of egress
in those buildings
equipped throughout with
an automatic sprinkler
system
1007.6.3/1007.8 Two-way Communication Systems A A means of two-way
communication is also
required in multi-story
buildings in which areas of
refuge are not provided
1008.1.2 Door Swing C Door swing based on
entire occupant load of
space served.
1008.1.2 Exception 9 Manually Operated Horizontal Sliding
Doors
A Now permitted as a means
of egress element in
occupancies other than
Group H, provided the
occupant load is limited
1008.1.9.4 Manually Operated Edge- or Surface-mounted Bolts A Allowance of manually
operated edge or surface-
mounted bolts on the
inactive leaf of a pair of
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doors extended to limited
applications in Group B, F,
S, and I-2 occupancies
1008.1.9.6 Special Locking Conditions for Group I-2 A Locks not usable by the
patients in I-2 occupancy is
now permitted where
multiple conditions are
met, provided the clinical
needs require such locks
1008.1.9.8 Electromagnetically Locked Egress Doors A Electromagnetically locked
doors permitted in the
means of egress if
equipped with listed
hardware that
incorporates built-in
switch meeting specified
conditions
1008.1.9.9 Electromagnetically Locked Egress Doors M Electromagnetically locked
egress doors may be used
on panic hardware doors,
as long as operation of
hardware interrupts power
to electromagnet
1008.1.10.1 Listing of Panic Hardware C Panic & fire exit hardware
installed on means of
egress doors must be
listed in accordance w/UL
305
1009/1010/202 Interior Stairways and Ramps C Revisions to coordinate
unenclosed interior
stairways and ramps to
allow as portion of means
of egress
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1009.1 Application of Stairway Provisions C All stairways serving
occupied portions of a
building shall comply
w/requirements of code
1009.4.5, Exception 2 Open risers in Industrial Occupancies M In Group F, H, and S
occupancies, open risers
permitted at stairways
located in areas not
accessible to the public
1009.9 Clear Width of Spiral Stairways M Minimum clear width of
spiral stairway must be
available at handrail height
and below
1009.12 Stair Handrails in Group R-2 and R-3 M Within dwelling & sleeping
units of Groups R-2 & R-3,
handrails required on four
or more risers
1009.14 Roof Access to Elevator Equipment A Access to roof/penthouse
is required to maintain
elevator equipment,
stairway must be provided
for access purposes
1010.9.1 Curbs Used as Edge Protection at Ramps C Minimum required height
of 4 inches for curbs used
as edge protection at the
side of ramps
1011.1 Required Exit Sign Locations M Required within exits and
intervening doors to
clearly indicate the
direction of travel
1011.2 Floor-Level Exit Signs in Group R-1 A Where general-use exit
signs are required in R-!
occupancies, low-level exit
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signs must also be
provided in the means of
egress serving the guest
rooms
1011.4 Internally Illuminated Exit Signs M Illuminated exit sign
required to be listed and
labeled per UL 924
1012.2 Handrail Height M Transition pieces of
continuous handrail are
now permitted to exceed
the max. handrail height
1012.2 Handrail Height for Alternating Tread Devices M Modifies handrail height,
measuring tread height,
guard opening and
handrail extensions
1012.3 Handrail Graspability A Criteria for complying
handrail shapes, identified
as Type II
1012.3.1/1012.8 Handrail Graspability and Projections M A minimum cross-section
dimension has now been
established for the
graspability of noncircular
Type I handrails.
1013.1 Required Locations for Guards M Vertical distance from
walking surface to the
grade below is based on
the lowest point within
36” radius, measured
horizontal
1013.1/1013.8 Guards at Operable Windows M Guard requirements
relocated to Chap. 10, sill
height which guard is
required has been
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increased from 24” to 36”
1013.2 Minimum Guard Height at Fixed Seating M Fixed seating adjacent to
guard is considered as
walking surface, guard
height is measured form
the surface rather than
floor
1013.3 Guard Height M Minimum guardrail height
in R-3, individual R-2
dwelling units is decreased
from 42” to 36”
1013.3 Guard Opening Limitations M Maximum size of openings
in the upper portion of
guards has been reduced
from 8” to 4-3/8”
1014.3 Common Path of Egress Travel in Group R-2 M Extended common path of
egress travel in R-3
occupancies is now
available in buildings
protected with NFPA 13R
automatic sprinkler system
1015.1 Single Means of Egress from Group R-2 Units M Occupant load threshold at
which second means of
egress is required from R-2
has been increased from
11 to 21 in buildings in
which an automatic
sprinkler system is
provided
1016.1 Travel on Unenclosed Exit Access Stairways C Measurement of travel
distance has been clarified
to indicate it includes
travel on unenclosed exit
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access stairways
1016.2 Travel Distance Increase for Roof Vents D Allowance for increased
travel distance in fully
sprinklered F-1 and S-1
with smoke and heat vents
has been eliminated
1021.2 Exits from Stories M Exits are now permitted to
be arranged where they
serve a portion of a story
instead of requiring that all
of the required exits from
the story be accessible to
all of the occupants
1021.2.1 Exits from Mixed Occupancy Buildings C A ratio equation is now to
be used to determine if a
single exit is allow to serve
the combined occupant
load from different
occupancies.
1021.2.1, Table 1021.2(1) Exits from Dwelling Units M A new section clarifies
when a single exit is
permitted within or from
an individual dwelling unit.
Changes to Sec. 1021.2
and the tables will also
provide a second option
for compliance
1022.1 Fire-Resistant Rating of Exit Enclosures C Consistent with the
provisions of shaft
enclosures
1022.5 Enclosure Penetrations of Interior Exit Stairways M Penetrations of the
outside membrane of a
fire barrier utilized to
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enclose an interior exit
stair or ramp are now
permitted provided
penetration is properly
protected
1024 Luminous Egress Path Markings A Photoluminescent or self-
lighting exit path marking
are now required in exit
enclosures and exit
passageways of specific
high-rise buildings
1028.1 Egress for Group E Assembly Spaces M Are now subject to the
specific means of egress
provisions set forth for
Group A occupancies in sec
1028
1028.1.1.1 A Spaces beneath
grandstands and bleachers
are now required to be
adequately separated to
protected the assembly
seating area from any
potential hazards
1028.4 Egress Through Lobbies Serving Assembly Spaces M The physical barrier
required to separate the
waiting areas within
lobbies of group A-1
occupancies from the
means of egress paths is
no longer required
NOTE: TDLR - Texas Accessibilities Standards (TAS) may apply in addition to Chapter 11
1103.2.3 Employee Work Areas M The maximum size of
employee work areas
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specifically exempted from
all accessibility
requirements has been
increased to 300 ft
1103.2.13 Accessibility for Live/Work Units A The degree of accessibility
required in a live/work
unit has been established
1104.3.1 Employee Work Areas M Where an employee work
area is less than 1000S, the
common use circulation
path need not be
accessible route
requirements.
1106.5 Accessible Van Parking Spaces Serving Group R-2 And
R-3 occupancies
M In buildings with private
garages that contain R-2
and R-3 occupancies the
accessible van clearance
need be only 7 ft above
the garage floor
1107.3 Maneuvering Clearance at Group I-2 Sleeping Unit
Doors
M Maneuvering clearance
mandated to passage
doors is no longer required
at the room side of doors
to sleeping units
1107.6.1 Accessible Units in R-1 Occupancies M A reduced number or
percentage of the
facilitates in Accessible
units now required
accessible.
1107.6.1.1 Table Roll-in Showers M Table was modified to
offer the same bathing
options as found in
standard rooms
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1108.2.7.3 Captioning of Public Address Announcements M The captioning of audible
public announcements is
now only required for
assembly spaces having a
public address system and
15,000 or more seats
1108.4.1 Courtroom Accessibility M The general requirement
has been replaced with
several provisions that
address specific judicial
activities that occur
1109.2,1109.5 Accessible Children’s Facilities M Toilet facilities and
drinking fountains
“primarily for children’s
use” may now be installed
at a lower height than
generally permitted for
accessible elements and
considered as the required
accessible elements.
1109.2.1 Family or Assisted-use Toilet and Bathing Rooms C “unisex” toilet rooms are
now identified as “family
or assisted-use”
1109.2.3 Accessible Lavatories with Enhanced Reach Ranges A A lavatory with enhanced
reach ranges is now
required in a toilet room
or bathing facility that
have six or more lavatories
1109.6 Accessible Saunas and Steam Rooms A Saunas and steam rooms
are now identified as
features and facilities that
must accessible
1109.12.1 Accessible Operable Windows C In R-2 apartment houses,
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monasteries, and convents
in which accessible rooms
in Type A units are
provided with operable
windows, at least one in
each room shall be
accessible
1110.4 Variable Message Signs A Variable message signs in
transportation facilities
and emergency shelters
are now required to
comply with the provisions
of the A117.1-2009
1203.1 Mechanical Ventilation Required A The option of natural
ventilation rather than
mechanical is now
unavailable when a
dwelling unit is tested
using a blower door test
and it is determined that
an adequate number of air
changes are not provided.
1203.2 Ventilation of Attic M The minimum required
ventilation for attics
clarified and exceptions
provided either allow a
reduction in the vent area
or eliminate requirement.
1208.3 Minimum Kitchen Floor Area D Required min. 50SF
deleted.
1210 Toilet Bathroom Requirements C The water closet
compartment and urinal
partition requirements
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have been from Chap. 29
to Section 1210
1210.1 Wall Base Finish Materials M Smooth, hard,
nonabsorbent vertical base
material are now
permitted and a reduction
from 6 in to 4 in above the
floor
1402.1, 1408 Exterior Insulation and Finish Systems (EIFS) A Provisions regulating
exterior insulation and
finish systems have been
expanded to include other
IBC sections and new
ASTM standards
1403.5 Flame Propagation at Exterior Walls A Flame-spread test is now
required where
combustible water-
resistive barriers are used
in Type I, II, III, IV buildings
which are greater than 40’
in height
1404.12, 1405.18,202 Polypropylene Siding A Polypropylene siding now
regulated, flame-spread
testing and fire-separation
distance
1405.6 Anchored masonry Veneer D Seismic Zone D provisions
1503.4 Roof Drainage Systems C Design and Installation of
roof drainage systems now
in IBC as well as IPC
Section 1106 & 1108 for
overflow – 100yr.!-hour
1507.2.8.1 Roof Covering Underlayment in High Wind Areas A Specific provisions for
underlayment in areas
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with wind speeds at 120
mph or greater.
1507.16 Roof Gardens and Landscaped Roofs A Roof gardens and
landscaped roofs are now
regulated for roof
construction and structural
integrity
Structural frame and roof
require fire resistance
complying with Table 601.
IFC provisions for
combustible vegetation
with potential limited
accessibility
1507.17, 3111, 202 Photovoltaic Systems A Photovoltaic elements
must now meet the
general code requirements
for roofing materials and
roof top structures
1509, 202 Rooftop Structures M Reformatted and several
technical changes to
section.
1509.2 Penthouse Height, Area, and Use Limitations C Height, Area & Use
complying will be
considered as portion of
story below
1509.2.4 Fire-retardant-treated Wood in Penthouses M Fire-retardant-treated
wood is now permitted in
penthouse construction in
1-2 story bldgs of type 1
construction and all of
type 2,3,4,and 5
construction
1510.3 Roof Covering Replacement M Existing ice barrier
material is permitted to
remain in place.
Ch 16, Ch 35 ASCE/SEI-05 Supplement #2 M Supplement No. 2 to the
2005 edition of ASCE/SEI 7
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is now referenced in Ch 16,
revising the minimum base
shear equations
1602, Table 1607.1 Live Loads for Decks and Balconies M Decks and balconies now
have the same live load as
the occupancy they serve
Table 1604.3 Deflection Limits M Roof and floor supporting
plaster or stucco clarified.
Footnote F
1604.5, 202 Risk Categories M “Occupancy category”
changed to “risk category”
(ASCE 7-10)
1604.8.2 Anchorage of Walls M All walls must now be
anchored to floors, roofs,
and other structural
elements that provide
lateral support for the wall
1604.8.3 Loading Conditions on Cantilevered Decks M To be consistent with Sec
1607.10 and 4.6 of ASCE 7-
05 and snow loads have
been added
1605.1.1 Load Combinations in Stability Analysis A If factored loads are used
when performing stability
analysis of structures, soil
resistance and strength
reduction factors must
now be considered
1605.2 Load Combinations Using Strength Design of Load and
Resistance Factor Design
M Coordinated with Sec. 2.3
of ASCE 7-10, includes
loads due to fluid, F, other
lateral, H, and ice.
1605.3 Load Combinations Using Allowable Stress Design M Coordinated with Sec. 2.4
of ASCE 7-10, includes
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loads due to fluid, F, other
lateral, H, and ice.
1605.3.1 & 1605.3.2 Load Combinations Using Allowable
Stress Design
M Allowable stress design
load combinations are now
consistent where roof live
and earthquake loads
effects are combined
1607.1 Minimum Live Load M Coordinated with live
loads of Chap. 4 and Table
4-1, ASCE 7-10
1607.6, 202 Helipads M Updated/coordinated -
ASCE 7-10
1607.7 Heavy Vehicle Loads M Updated provisions for
heavy vehicle loads in
excess 10,000lbs.
1607.7.7.1.3 Allowable Stress Increase for Design of Handrails
and Guards
The allowance for a one-
third stress increase for
the allowable stress design
of handrails and guards
has been deleted
1607.7.3 Bumper Load Application The loading conditions
have been revised to
reflect the increase in
trucks, vans, and sport
utility vehicles inside
parking structures
1608.3, 1611.2, 202 Ponding Instability M “susceptible bay” added to
identify w/ponding
considered
1609, 202 Determination of Wind Loads M Updated with ASCE/SEI 7
wind load maps now based
on ultimate design wind
speeds.
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1609.1.1 & 1609.6 Determination of Wind Loads, Alternate All-
Heights Method
A A new wind design method
based on ASCE 7 is now
available as an alternate to
ASCE 7 methods 1 and 2
1609.1.1, 1609.1.1.2 Determination of Wind Loads A ASCE/SEI 7-05
commentary have been
added to the code
1609.1.1, 2308.2.1 Residential Construction in High-Wind
Regions
M The reference to the ICC
legacy standard SSTD 10-
99 has been replaced with
the new 2008 edition ICC-
600
1609.1.2 Protection of Glazed Openings in Wind-borne
Regions
M Wood structural panels in
lieu of glazing or impact-
resistant covering is now
limited to buildings of
group R-3 or R-4
occupancy
1609.1.2.2 Impact-resistance Testing of Garage Doors A ANSI/DASMA 115 is now
referenced by the IBC
1610.1, 1807 Design of Foundation Walls M The code provisions have
been reorganized and
technical revisions were
made to clarify the
provisions
1607.11.2.2 Live Load Design for Special Purpose Roofs M A previous conflict
between sections
1607.9.1.4 and
1607.11.2.2 have now
been resolved
1613.3.1, 202 Mapped Acceleration Parameters M Updated to reflect 2008
USGS maps and technical
changes of 2009 NEHRP
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(FEMA P750)
1613.4 Alternatives to ASCE 7 M Many alternatives to ASCE
7-05 in the 2009 deleted
because they were
incorporated in ASCE 7-10
1613.6.1, 2305 General Design Requirements for Lateral-force-
resistance Systems
M Portions of section 2305
were deleted and are now
contained in the AF&PA
ANSI/AF&PA NDS
supplement (SDPWS)
standard
1613.6.3 Automatic Fire Sprinkler Systems A Automatic sprinkler
systems installed with the
2007 NFPA 13 are now
recognized as compliant
with ASCE 7 seismic
bracing provisions
1613.6.4 AAC Masonry Shear Wall Design Coefficients and
System Limitations
A Seismic design coefficients
and limitations (AAC)
masonry shear wall
systems have been added
to the IBC
1613.6.6 Steel Plate Shear Wall Height Limits M ASCE 7sec 12.2.5.4 has
been amended to permit
height increases for special
steel plate shear wall
systems
1613.6.7 Minimum Distance for Building Separation A Minimum requirements
for building separation
have been restored in the
IBC
1613.6.8 HVAC Ductwork with Ip=1.5 M Exemptions from seismic
bracing requirements have
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been extended to include
small ducts where Ip = 1.5
1613.7 Anchorage of Walls A Sec 11.7.5 of ASCE 7 has
been amended by
eliminating the
requirement that concrete
and masonry walls be
anchored to floors and
roofs that provide lateral
support for a wall
1614 Structural Integrity of High-rise Buildings A Minimum structural
integrity requirements
have been provided for
high-rise buildings to
occupancy III and IV
1614, 202 Atmospheric Ice Loads A New section, definition
and notation of the ice
loads on ice sensitive
structures added to
provide consistency
w/ASCE 7-10
1704 Special Inspectors Qualifications Exemptions for R-3
Occupancies
M Special inspector
qualifications has been
clarified and the special
inspection exemption for
Group R-3 has been
deleted
1704.3 Statement of Special Inspections M Coordination and
clarification of specific
special inspections and the
required information to be
included in special insp.
report
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1704.4 Special Inspections of Bolts and anchors in Concrete
Construction
M Special inspection is now
required for cast-in-place
bolts and periodic special
inspections is now
mandated for post-
installed in hardened
concrete
1704.3.4, 1704.6.2 Special inspection for the Bracing of
Trusses
A Two new sections have
been added for special
inspectors verify
temporary and permanent
bracing are installed as per
approved truss submittal
package
1705.2 Special Inspection of Steel Construction M Deleted from Chap 17
replaced by ANSI/AISC
360-10
1705.3 Required Verification and Inspection of Concrete
Construction
M The type of special
inspection required for
anchors cast in concrete
and post installed anchor
in hardened concrete have
been clarified.
1705.4 Special Inspection of Masonry Construction M Replaced by TMS 402/ACI
5 and TMS
602/ACI530.1/ASCE 6.
1705.16 Special Inspection of fire-Resistant penetration and
Joint Systems
A Where penetration
firestop systems and fire-
resistant joint systems are
used in high-rise building
and those building
assigned in Risk Category
III and IV, it is now
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mandatory to be inspected
by an approved inspection
agency as a part of the
special inspection process.
1706.1 Special Inspection Requirements for Wind Resistance A Special inspection
requirements have been
established for buildings
sited in areas of high wind
1707.4 Special inspection of Light-frame Construction M The exemption from
special inspection of wood
light-frame construction
fastener spacing now
applies to cold-formed
steel light-frame
construction
Chapter 18 Design of Footings and Foundations M Has been resolved
between conflicting code
requirements
1802, 1810 Deep Foundations M Was reorganized in order
to eliminate repetition,
resolve conflicting
definitions, and simplify
requirements
1803, 1804 Geotechnical Investigations, Excavations, Grading,
and Fill
M Reorganized and clarified
and the appropriate term,
geotechnical, is now
consistently used as it
relates to geotechnical
investigations and
geotechnical reports
1803.5.12 Geotechnical Reports for Foundation Walls and
Retaining Walls
M Required In Seismic Zones
D, E, and F supporting 6’ of
backfill.
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1807 Retaining Walls M A factor of safety of 1.1 is
permitted for overturning
and sliding of retaining
walls subjected to
earthquake loading
1807.2 Sliding Analyses of Retaining Walls M Both sides of the keyway
are now explicitly required
to be considered in the
sliding analysis
1808.3.1 Foundation Design for seismic Overturning M Consistency is now
provided between the IBC
and ASCE 7
1810.3.1.5 Helical Pile Foundations M Provisions have been
added regulating the
design and installation of
helical pile foundations
1810.3.3.1.6 Uplift Capacity of Grouped Deep Foundation
Elements
M The uplift capacity of pile
groups is now permitted to
include two-thirds of the
shear resistance of the soil
block.
Chapter 19 Concrete Design and Construction M The concrete provisions of
Ch 19 have been updated
and coordinated with the
2008 edition of the ACI
318 standard
Deleted provisions of Chap
19 replaced by ACI 318
2011 edition.
1905.1.3 Seismic Detailing of Wall Piers A ACI 318 Sec. 21.4 provides
seismic for intermediate
precst structural walls.
Seismic details, wall piers
in Seismic D, E, and F
1905.1.8 Plain Concrete Footings in Dwelling Construction M Plain concrete footings
may only support 1&2
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family buildings in seismic
zones A, B, and C.
1905.1.9 Shear Wall to Concrete Foundation Connection M Amended provisions of ACI
318 Appendix D.
1908.1.16 Ductility of Concrete Wall Anchorage M Exceptions have been
added to the requirements
for ductility for concrete
wall anchorage
Chapter 21 Masonry M Substantial portions of Ch
21 have been deleted and
the reference to the
Building Code
Requirements &
Specification for Masonry
Structures and related
commentaries has been
updated to the 2008
edition
2101.2 Design Method for Masonry Structures A TMS 403-10 masonry
design standard provides
direct design method for
simple, single story,
concrete masonry bearing
walls.
2111.3, 2113.3 Seismic Reinforcing of Fireplaces M The Seismic Design
Category D requirements
have been extended to
include Seismic Design
Category C
2206 Composite Structural Steel and Concrete Structures A Seismic categories D, E,
and F.
2208.1 Seismic Design of Racks M The latest version of the
Rack Manufacturers
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Section /Topic Type 2006 2009 2012 Comments
Institute standard, is now
referenced
2209.1 Design of Cold-formed Steel Structural Members M The reference to AISI’s
2007 edition, has been
updated and given the
new number designation
of AISI S100
2209.2 Steel Decks A Two new Steel deck
Institute (SDI) standards
are now referenced
2210 Cold Formed Steel Light-framed Construction M The IBC provisions on cold-
formed steel have been
correlated with the latest
editions of the AISI
standards and a new
standard for floor and roof
framing has been added
2210.2 Seismic Requirements for Cold-Formed Steel
Structures
A AISI S110 standard added
to Chap. 22 (CFS-SBMF)
2210.3 Trusses M Code language was added
for cold-formed steel
trusses similar for wood
trusses
2301.2 Design and Construction of Log Structures A A new standard , ICC-400,
is now referenced in Ch 23
2304.6.1, Table 2304.6.1 Wood Structure Panel Sheathing
Used to Resist Wind Loads
A Guidelines are now
provided for selecting
wood structural panel wall
sheathing used to resist
component and cladding
wind loads
2304.9.5 Fasteners in Preservative-treated and Fire-retardant-
treated Wood
M The requirement for
fasteners used in
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Section /Topic Type 2006 2009 2012 Comments
preservative-treated and
fire-retardant-treated
wood have been clarified
2304.11.2.6 Vertical Clearance at Wood Siding M A minimum vertical
clearance of 2 in is
required between wood
siding and concrete steps,
porch slabs, patio slabs,
and similar surfaces
2305 General Design Requirements for Lateral-Forced-
Resisting Systems
M Coordinated with 2008
edition of AF&PA, (SDPWS-
08)
2306 Allowable Stress Design of Wood Structures/ Allowable
Stress Design
M Portions of Sec 2306 have
been deleted because they
are contained in the
AF&PA ANSI/AF&PA NDS
Supplement (SDPWS)
standard
Coordinated with 2008
edition of AF&PA, (SDPWS-
08)
Table 2306.6 Wind or Seismic Loading on Shear Walls of
Fiberboard Sheathing Board
M Revised Table 2306.6 to
provide consistency with
AF&PA (SDPWS) for nailed
fiberboard shear walls
2307 Load and Resistance Factor Design M Coordinated with 2008
edition of AF&PA, (SDPWS-
08)
2307.1 Load and Resistance Factor Design of Wood Trusses M A reference to the AF&PA
(SDPWS)has been added to
Sec 2307
2308.2 Maximum Floor-to-floor and Stud Height M The limitations regarding
floor-to-floor and stud
height for conventional
wood frame construction
have been added
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Section /Topic Type 2006 2009 2012 Comments
2308.2 Limitations M Conventional light-frame
construction provisions in
areas of wind speeds up to
110 mph in Exposure
Category B now excludes
buildings located in
hurricane-prone regions
2308.3.2 Braced Wall Line Connections M Clarifies that the
connections resisting wind
and seismic lateral forces
apply to the entire braced
wall line
2308.6, 2308.12.8, 2308.12.9 Foundation Sill Plate Anchorage M The permitted use of strap
anchors in lieu of anchor
bolts in high-seismic
regions has been clarified
2308.9.1 Continuous Wall Studs M Wall studs are now
required to be continuous
from a support at the sole
plate to a support at the
top plate
2308.12 Braced Wall Line Sheathing C Revised to provide min. %
rather than a min. length
for wall bracing, in Seismic
D & E
2406.1, 2406.4 Safety Glazing-Hazardous Locations M Reorganized for greater
consistency with the IRC
2406.1, 2406.2 Impact Tests for Safety Glazing Material M Safety glazing materials
may now comply with
ANSI Z97.1
More restrictive test
methodology unless tables
in Sec. 2406.2 allow lower.
2510.6 Water-Resistive Barriers for Stucco Applications M Detailed requirements for
two layer weather-
resistive barrier
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Section /Topic Type 2006 2009 2012 Comments
2603.4.1.14 Foam Plastic Insulation Installed in Floor
Assemblies
A Alternative method of
installing thermal barrier
when ½ structural panel
or equiv. Is used
2603.7, 2603.8 Interior Finish in Plenums M Options for separating
foam plastic insulation in
plenums.
2603.10, 2603.10.1 Special Approval of Foam Plastics M Specific approval
requirements ensure
smoke development of all
assemblies containing
foam plastic
2610.3 Slope Requirements of a Dome Skylight M Revised dimension for
slope.
2612, 202 Fiber reinforced Polymer M Now must be Class A,
limited to 10% of exterior
wall.
PART 7 Building Services, Special Devices, and Special Conditions (IBC Chapters 27 Through 34)
2902.1.1 Calculation of Plumbing fixture Count C In building with multiple
occupancies the minimum
number of plumbing
fixtures has been clarified
2902.2 Single-user Toilet Facilities M Where separate sex toilet
facilities required and only
one WC is required in each
facility, two family or
assisted use toilet room
may now be provided as
an acceptable alternative.
2902.3 Toilet Facilities in Parking Garages M Public toilets no longer
required.
2902.3.5 Locking of Toilet Room Doors A In other than family or
assisted use toilet room
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Section /Topic Type 2006 2009 2012 Comments
the door from a toilet
room can no longer be
lockable from the inside,
unless it is a single-user
facility.
2902.5 Required Drinking Fountains C Drinking fountains are now
allowed to serve multiple
tenants spaces, provided
appropriate distances and
access
2903 Water Closet Compartments and Urinal Partitions A Water closet and urinal
privacy provisions are now
also located in the IBC
3002.4 Elevator Car Size to Accommodate Stretcher M The elevator car dimension
has been modified to
accommodate a
ambulatory stretcher
3007 Fire Service Access Elevators M A fire service access
elevator using key features
is now required in high-rise
buildings with an occupied
floor more than 120 ft
above the lowest level of
fire dept. vehicle access
Coordination with
occupant evacuation
elevators.
3008 Occupant Evacuation Elevators M Specific provisions have
been added to address the
use of passenger elevators
for occupant evacuation
purposes
Coordination with fire
service access elevators
3108 Telecommunication and Broadcast Towers M References to TIA 222-G
modified to exclude
exemptions from Section
3108.1
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Section /Topic Type 2006 2009 2012 Comments
3302.3, 3303.7, 3313 Fire Safety during Construction A IFC Construction
protection requirements of
the have been
incorporated into the IBC
to ensure they are now
overlooked
3401.3 Compliance for Existing Buildings M Chap. 34 provisions are
specific and take
precedence over
requirements in other
codes
3401.5 Applicability of International Existing Building Code A The use of the
International Existing
Building Code is now
permitted as an alternative
to the use of IBC Ch 34’s
provisions related to
existing buildings
3411 Type B Units in Existing Buildings M Type B units are now
required in existing
buildings when there is a
change in occupancy or an
alteration and more than
50% of building is affected.
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International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix
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Section /Topic Type 2006 2009 2012 Comments
Part 1 Administrative (Chapters 1 and 2)
101 Organization of the IFC M Reorganized code by grouping
of Chapters in Parts
104.9.1 Research Reports A Mandates valid research
reports
104.9.2 Tests A Provides clarity on the approval
of test methods/reports
105.6.16 Flammable and Combustible Liquids A Operational permit required for
Class IIIB (Biodiesel) fuels
105.6.23 Wildfire Risk Areas
M Changes Hot Work permit to
address a Wildfire Risk Area
with associated definition
105.7.4 Construction Permit for Cryogenic Fluids
A New permit for certain
Cryogenic Fluid storage
systems
106.2.1 Inspection Requests and Approvals
A Requires permit holder to
request inspections and obtain
approval
106.3 Concealed Work M Clarifies that work must remain
accessible for inspection
113 Fees A New section for permit fees
202 Definitions A
M
M
New definition for Ambulatory
Health Care Facility in Group B
Occupancy classifications for
Aircraft Facilities revised
(F-1, S-1, S-2)
Definitions and terms for
various medical and occupant
care occupancies clarified
Part 2 General Safety Provisions(Chapters 3 and 4)
304.3.2 Container Capacity Exceeding 5.33 Cubic Feet M Waste containers must have
limited heat release rate
307.1.1 Prohibited Open Burning M Clarification of open burning
rules for identified Wildland
areas
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308.1.6 Open Flame Devices M Replaces terms of hazardous
fire area to wildfire risk area
315.3.1 Storage Beneath Overhead Projections M Clarification of requirements
regarding fire sprinkler
protection under
canopies/projections
316.4 Obstructions on Roofs A New section for obstructions on
roofs which may be hazardous
to fire fighters
317 Roof Gardens and Landscaped Roofs A New requirements for rooftop
gardens/landscaping
403.3 Crowd Manager A Requirement for Crowd
Manager with events of >1000
persons
404.3.3 Lockdown Plans A Requirements for building
lockdown plans
407.2 Material Safety Data Sheets C Allows electronic source for
Material Safety Data Sheets
Part 3 Building and Site Requirements (Chapters 5-10)
503.4.1 Traffic Calming Devices A Traffic calming devices must be
approved
503.5, Appendix D Section 103.5 Required Gates or Barricades M Security gates across fire
apparatus roadways must be
UL 325 and ASTM 2200
compliant
505.1 Address Identification M Improved visibility of numeric
address/building numbers
when building is served by a
private roadway
506.1 Fire Service Elevator Keys A Additional requirements
for elevator key boxes
and keybox listing with UL
1037
508.1.5 Required Features M Required information cards in
buildings with Fire Command
centers
510, Appendix J Emergency Responder Radio Coverage A New requirements for signal
coverage of emergency
responder radios
510.1 Emergency Responder Radio Coverage A 2009 IFC Appendix J is now a
International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix
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SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification
requirement
603.3.1 Fuel Oil Storage Inside and Outside Building M Increased size of storage
allowed inside building
603.4.2 Portable Outdoor Gas-Fired Heating Appliances A Additional requirements for use
of portable gas-fired heaters
604.2.14.1.3 Connected Facilities M Electric fire pumps in high rise
buildings must have an
emergency power source
604.5 Emergency Lighting Equipment A Testing requirements for
emergency egress lighting
605.11 Solar Photovoltaic Power Systems A New requirements for solar
photovoltaic power systems
606.8 Refrigerant Detection and Refrigeration System
Emergency Shutoff
M Clarifies req. for emergency
shut off of refrigeration
equipment
606.13 Discharge Location for Refrigeration Machinery Room
Ventilation
C/M Removes req. for treatment
system for discharge of
anhydrous ammonia vapor
607.3 Fire Service Access Elevator A Requires a Fire Service elevator
in High Rise buildings >120’
above FD access level
607.5 Standardized Fire Service Elevator Keys A Additional requirements for
elevator keys
608 Stationary Storage Battery Systems A Requirements for Lithium Metal
Polymer battery systems
609.3 Operations and Maintenance M Improved req. for cleaning and
inspections of commercial
cooking operations
610 Commercial Kitchen Cooking Oil Storage A New req. for storage of
commercial kitchen cooking oils
701.2 Unsafe Conditions A New section regarding unsafe
conditions added to chapter on
fire-resistive construction
803.5.2 Newly Introduced Textile Wall and Ceiling Coverings A Clarification of requirements
now includes fasting methods
806.2 Artificial Vegetation M Recognizes an alternate
method for evaluating/testing
of materials
808.4 Combustible Lockers A New section regarding
combustible locker materials
901.4.6 Pump and Riser Room Size A New section requiring adequate
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space and clearances for
equipment servicing
901.9 Discontinuation or Change of Service A New requirement for a notice
to fire official when fire alarm
monitoring service is
terminated/changed
903.2.2 Ambulatory Care Facilities A/M Fire sprinkler protection
requirements for Ambulatory
Health Care Facilities
Same
903.2.4 Furniture Storage and Display F1,M, and S1 Occupancies M Fire sprinkler protection in F-1
Occupancies where one of
following exists: fire area
exceeds 12000 sq ft, above 3
stories, combined areas exceed
24,000 sq ft, or used to
manufacture upholstered
furniture exceeds 2,500 sq ft.
903.2.7 Furniture Storage and Display F1,M, and S1 Occupancies M Fire sprinkler protection in
Group M Occupancies where
one of following exists: fire area
exceeds 12,000 sq ft, located
more than 3 stories above
grade, combined area exceeds
24,000 sq ft., or used for
display/sale of upholstered
furniture exceeds 5,000 sq ft.
903.2.9 Furniture Storage and Display F1,M, and S1 Occupancies M Fire sprinkler protection in
Group S-1 Occupancies where
one of the following exists: fire
area exceeds 12,000 sq ft,
located more than 3 stories
above grade, combined area
exceeds 24,000 sq ft., fire area
used for storage of commercial
trucks or buses exceeds 5,000
sq ft., or used for storage of
upholstered furniture exceeds
2,500 sq ft.
903.2.10 Group S-2 Enclosed Parking Garages
M
Fire sprinkler protection in
enclosed parking garages
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SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification
where fire area exceeds 12,000
sq ft., where garage is located
beneath other groups.
903.2.11.1 Stories and Basements without Openings C The required openings shall be
distributed such that the lineal
distance does not exceed 50
feet.
903.2.11.1.3 Basements M Basements are modified by the
addition of a wall, partition, or
fixture that can obstruct fire
streams require fire sprinkler
protection.
903.2.11.2 Rubbish and Linen Chutes M Clarifies the fire sprinkler
requirement in rubbish and
linen chutes.
903.3.1.3 NFPA 13D Sprinkler Systems A Automatic sprinkler
requirements for new one and
two family dwellings. (Texas
Legislature eliminated local
control)
903.3.5.2 Secondary Water Supply M Secondary water supplies for
high rise buildings must be
automatic.
903.6.2 Group I-2 Occupancies A Automatic sprinkler
requirements for unprotected
Group I-2 Occupancies
904.1.1 Certification of Service Personnel N New requirement for
qualifications of service
personnel who service
extinguishers and extinguisher
systems.
904.3.2 Actuation M Correlates IFC requirements of
system actuation with
appropriate NFPA standards.
905.4 Location of Class I Standpipe Hose Connections M Clarifies standpipe hose
connections upon rooftops and
at open mall building
perimeters.
906.1 Where Required M Allows small portable fire
extinguishers within dwellings
in lieu of commons areas.
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SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification
907 Fire Alarm and Detection Systems M Reorganized fire alarm
requirements to be aligned
with NFPA 72
907.2 Manual Fire Alarm System in Group R-2 Occupancies M Requires a minimum of one
manual fire alarm box be
installed, even if others are
eliminated due to sprinkler
protection.
907.2.1 Group A Occupancies M Clarifies fire alarm
requirements based on
occupant load of Group A,
considering separate
occupancy.
907.2.1.2 Emergency Voice/Alarm Comm. Captions N Per 2008 Federal Court Case
Law, requires captioning of
audible emergency voice/alarm
communications in stadiums,
arenas, and grand stands per
IBC 1108.2.7.2
907.2.3 Group E Fire Alarm M Emergency voice/alarm
communications system now
required in Group E occupancy.
907.2.6.1.1 Smoke Alarms and Smoke Detectors M Increased smoke alarm sound
level, clarified power
requirements, recognized use
of fire alarm systems and
wireless smoke alarms.
907.4.1 Protection of Fire Alarm Control Unit M Requires smoke detection to
protect fire alarm system
controls even in sprinkled
building.
907.5.2.1.1 Average Sound Pressure M Clarified requirements for
sound pressure levels for fire
alarm notification devices.
908.7 Carbon Monoxide Alarms N CO Alarms required in Group R
and I occupancies in both new
and existing, with fuel burning
appliances or attached garages.
913.2.1 Protection of Fire Pump Rooms A Additional protection for fire
pump rooms. Separation from
other areas and/or fire resistive
barriers.
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SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification
914.8.2 Aircraft Hangers
M
Fire suppression system for
aircraft hangers correlated with
NFPA 409.
1002.1 Means of Egress Definitions A Added definitions for several
means of egress terms.
1004.1.2, Tab. 1004.1.2 Design Occupant Load-Areas without Fixed Seating M Occupant load factor now
included for 30 sq ft. per
occupant in museums and
exhibit galleries.
1005.1 (both) Means of Egress Sizing M 2009 removed the reduction
for sprinkler systems. @012 re-
instated the sprinkler reduction
if evac’s provided.
1007.3 Required Areas of Refuge
1007.4 Required Areas of Refuge
M Areas of refuge not required in
fully protected buildings with
sprinklers.
1007.6.3 Two-Way Communications
1007.8 Two- Way Communications
A Requirements for means of
communication for impaired
occupants in multi story
buildings.
1008.1.2 Door Swing C Eliminates confusion by some
code officials regarding exit
door requirements
1008.1.9.8 Electromagnetically Locked Egress Doors A Allows electromagnetic locks
on egress doors on certain
occupancies with special
devices.
1008.1.10 Listing of Panic and Fire Exit Hardware C Clarifies requirements that
panic/fire exit hardware must
be listed (UL 305-Panic
Hardware).
1009 Definitions: Exits, Stairways and Ramps C Clarifies use of unenclosed
stairways.
1009.4.5, Exception 2 Open Risers in Industrial Occupancies M In Groups F, H, & S, open risers
permitted in certain areas not
public accessible.
1010 Definitions: Exits, Stairways and Ramps C Clarifies use of enclosed
stairways.
1011.2 Floor-Level Exit Signs in Group R-1 A Requirement for floor level exit
signage R-1 occupancies
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SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification
1011.4 Internally Illuminated Exit Signs M Internally illuminated exit signs
must be listed & labeled per UL
924.
1016.2 Travel Distance Increase for Roof Vents D Deleted increase in travel
distance for smoke & heat
vents.
1021.2 Exits from Stories
M
Clarifies when a single exit is
permitted from individual
dwelling unit
1022.5 Penetrations M Properly protected
penetrations of outside
membrane of fire barrier
enclosures, exit stair, or ramp.
1024 Luminous Egress Path Markings A Requires photo luminescent or
self luminescent exit path
markings of new & existing high
rise buildings.
1030.2 Reliability M Clarifies the requirements for
reliability of an exit or exit
passageway.
1102.1 Intent M Clarifies the application of
retroactive requirements in
existing buildings.
1103.8.1 Where Required M Clarifies the requirements for
smoke alarms in R-2
occupancies of existing
buildings.
1104.16.5.1 Examination N Requirements for special
inspections of existing fire
escapes with frequency < 5
years
Part 4 Process and Uses (Chapters 11 – 26)
1413.1 Required Locations for Standpipes in Buildings under Construction or
Demolition
C Construction/Demolition of
buildings requiring standpipes
must maintain at least one
stand pipe in service.
1501.2 Non-applicability for Flammable Finishes A Exempts certain liquids from
regulations when applies as a
spray finish.
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SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification
1506.2 & 1506.3 Location and Construction of Powder Coating Rooms and
Booths
C Clarifies requirements for
powder coating rooms and
booths.
1507.2 & 1507.3 Electrostatic Apparatus A Requires listing for portable
electrostatic paint spraying
operations in certain locations.
1803.13.2 Gas Detection System Operation M Establishes performance
requirements for gas detection
systems.
Table 1805.2.2 Maximum Quantities of HPM at a Workstation M Establishes limits for volume of
HPM (hazardous produced
material) gas at a workstation.
1805.2.3.4 Clearances D Minimum clearances around
semi-conductor
tools/workstations are no
longer required.
2108.2 Automatic Sprinkler System M New exception for dry cleaning
plants using Class III-A/III-B
liquids in un-sprinklered
buildings.
2204.4.1 Approved Containers Required M Size of portable containers for
Class I, II, & III-A liquids limited
to maximum size of 6 gallons.
2205.2.1 Inspections, Repairs, and Service A Expands criteria for inspection
of petroleum liquid dispensing
equipment.
2206.8 Alcohol Blended Fuels A Specific requirements for fuel
dispensing stations of alcohol
blended fuels.
2209.5.1.1 Vehicle Fueling Pad A Criteria for electrical resistance
of surfaces where hydrogen
powered vehicles are fueled.
2305.1 Tank-Filling Operations for Class I, II, or III Liquids M Requirements for tank filling
operations sites/equipment for
Class III-B liquids.
2305.2.2 Repairs or Service M Improves
application/enforcement of
requirements of repairs and
service for fuel systems.
2305.6 Designation of Storage Heights A Specifies authority to require
designation of storage height in
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SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification
combustible storage areas.
2309.4 Automated Rack Storage A Emergency shut off switch
required for automatic storage
and retrieval systems.
2311.7.2.1 System Design M Requires Listing/Approval for
gas detection equipment.
Chap. 24 Tents and Other Membrane Structures M Correlates requirements for
tents and canopies with IBC.
2605.2.1 Cylinders Connected for Use A Clarifies storage issues for
oxygen and fuel-gas cylinders
when connected to equipment.
Part 5 Hazardous Materials (Chapters 27 – 44)
2701.2.2.1 Physical Hazards
M
Clarification of definition and
classifications for hazardous
materials.
2701.5.1, App H Hazardous Materials Management Plans and Inventory
Statements
M Clarifies information to be
provided with hazardous
materials management plans.
Table 2703.1.1(1) Safety Cans A Listed safety cans are required
for increase of quantity of
liquids in control areas.
Table 2703.1.1(1) & (4) Maximum Allowable Quantity per Control Area-
Liquefied Compressed Gases
M Maximum quantities for
liquefied compressed gases to
be measured by density.
Table 2703.1.1(1) & (3) Maximum Allowable Quantity per Control Area Posing a
Physical Hazard-Inert Compressed Gases and Cryogenic Fluids
A Exemption for inert
compressed gases and
cryogenic fluids per control
area.
2703.2.1 Design and Construction of Containers, Cylinders, and Tanks A Requirement for pressure
vessels to comply with ASME
Boiler and Pressure Vessel
Code.
2703.10.1.2 Combustible Tools M Certain plastic construction
materials for semi-conductor
tools when listed as compliant
with UL 2360 allow for
redirection of requirement for
automatic fire extinguishing
systems.
2703.16 Sub-Atmospheric-Pressure Gas Systems N Permits sub-atmosphere gas
systems operated in
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SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification
accordance with NFPA 318 in
semi-conductor facilities.
2704.7 Standby or Emergency Power for Storage of Flammable and
Combustible Liquids
M Reduced requirements for
standby or emergency power
for mechanical ventilation
systems in certain Group H-2 &
H-3 occupancies.
2705.1.11 Design of Hazardous Materials Systems C Hazardous material processes
using automatic controls
require fail safe design.
2705.3.1 Corridors and Exit Enclosures M Allows the transportation of
hazardous production materials
in an exit corridor within
certain quantities.
3003.7.11 Tube Trailers
A
Definition and requirements for
tube trailers are now specified
in Chap. 30.
3006.2 Interior Supply Locations for Medical Gases M Medical gas storage rooms with
certain quantities now must
meet requirements for a Group
H Occupancy.
3208.3.1 Flue Space Protection N Fire code official may require
approved devices for protection
of flue spaces within areas of
rack storage.
Table 3301.8.3 Consumer Fireworks M 1.4 G Consumer fireworks have
exemption from storage
distance table.
3309 Consumer Fireworks N Requires storage of 1.4G
fireworks per NFPA 1124
3403.6.2 Design, Fabrication, and Installation of Piping Systems and
Components
M Clarification of standards for
flammable and/or combustible
liquid piping.
3404.2.9.1 Existing Noncompliant Installations A New requirements addressing
existing non-compliant
aboveground storage tanks.
3404.2.9.5 Aboveground Tanks Inside of Buildings M Changes for storage tanks
inside buildings to address Class
III-B liquids. (biodiesel)
3404.2.15 Maintenance of Aboveground Storage Tanks A Enhanced requirements
regarding maintenance of
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SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification
existing aboveground storage
tanks.
Table 3404.3.63(1)-(8) Maximum Storage Height and Protection of Storage
M
Clarifies that tables are based
upon storage of liquids in
metallic containers/tanks only.
3405.2.4 and 3405.2.5 Dispensing, Grounding, Bonding M Changes to address the
increased risk where
combustible liquids are heated
up to or above their closed cup
flash point temperature.
3503.1.1 Special Limitations for Indoor Storage and Use M Special quantity limitations
have been revised for
flammable and oxidizing gases
in certain occupancies.
3506 Flammable Gases and flammable Cryogenic Fluids A Chapter 35 has been expanded
to include requirements for
bulk hydrogen storage.
3507 Metal Hydride Storage Systems A Metal hydride storage systems
now have requirements in
Chapter 35.
3801.2 Definition of LP-Gas Container A Definition for LP-Gas Container
4002.1 Definition of Oxidizers M Revised definition and
classification of oxidizers.
4006 Liquid (Cryogenic) Oxygen in Home Health Care A Requirements for storage and
use of liquid oxygen in home
health care.
4104.1 Silane Gase and Silane Gas Mixtures M IFC now has the requirements
for silane gase/silane gas
mixtures per ANSI/CGA G-13
Part 4 Existing Buildings (Chapter 46)
Chapter 45 Existing Buildings A New chapter prescribing fire
protection requirements for
marinas
Chapter 45 Existing Buildings A
Chapter 46 Existing Buildings A Existing building requirements
are consolidated into Chapter
46
Table 5003.1.1(1) Maximum Allowable Quantity per Control Area M IFC & IBC both require
submittal of technical opinion &
report for combustible dusts.
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5003.12 Outdoor Control Areas M Clarifies requirements for fire
resistive barrier between
outdoor storage and exposures.
5704.2.7.4 Emergency Venting N Allows vent on protected
indoor storage tank containing
Class II or III-A liquids to
discharge inside a building.
5705.5 Alcohol-Based Hand Rubs Classified as Class I or II Liquids M Requirements for touch free
alcohol based hand rubs in wall
mounted dispensers
6104.3.1 Installation on Roof Prohibited N Prohibits installation of LP gas
containers on roofs.
6109.15 LP-Gas Cylinder Exchange for Resale N Requirements for LP gas
cylinder exchange operations.
Part 7 Appendices (A - J)
Appendix-D105.1 Where Required M Measurements for building
height for aerial fire apparatus
now based on grade plane.
Appendix-E102.1.2 Hazard Categories M Requirements for compressed
gas mixtures based upon CGA
(compressed gas assoc.)
standards.
Appendix-Table F101.2 Firefighter Warning Placard Hazard Designations for
Oxidizers and Water-Reactive Materials
M Certain hazardous materials
now require hazard
classification or firefighter
warning placards.
Appendix I- Fire protection Systems-Noncompliant Conditions
A Provides Guidance for non-
compliant fire protection
systems.
Appendix J-Building Information Signs N Method of presenting building
hazards information to
emergency responders.
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Section /Topic Type 2006 2009 2012 Comments
International Mechanical Code
102.3 Maintenance M ASHREA/ACCA/ANSI Standard
180is now specified for
maintenance of an HVAC
system
103.2/103.3/103.4 Appointment, Deputies, Liability M Clarifies the appointment of the
code official and protects
against liability uniformly
through the I-Codes
106.4.7 Previous Approvals A A new or revised permit is not
required for projects where the
scope of work exceeds 180 days
107.1/107.2/107.4/107.6 Inspection and Testing A/M A number of changes have
been made to the
administrative provisions
related to inspections
110 Temporary Equipment, Systems, and Uses A Provides provisions to deal with
mechanical systems in
temporary structures
202 Environmental Air C The definition of environmental
air has been expanded through
the addition of parking garage
exhaust
304.6 Public Garages M In public garages the distance
from appliance to floor is now
determined by the height of the
vehicle entry door
304.10 Clearance from Grade for Appliances M A min. clearance has been
established for ground
supported equipment
306.5 Equipment and Appliances on Roofs or Elevated Structures C/M Clarifies how the height of the
equipment is to be measured
when access involves climbing
over the parapet
Clarifies that a permanent
access to equipment and
appliances on roof or elevated
structures
307.2.2/307.2.2 (Table) Condensate Drain Sizing A The code now specifies a
specific pipe size based on the
refrigeration capacity
308.5 Labeled Assemblies M Allowable clearance reductions
must now be based on listed
and labeled reduced-clearance
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protective assemblies
404.1 & 501.1 Ventilation and Exhaust Systems - Scope M Clarifies the application of
chapters 4 & 5 to ventilation
and exhaust systems
404.1 Enclosed Parking Garages M Mechanical ventilation systems
in parking garages are now
permitted to be operated
automatically by carbon
monoxide detectors
401.4 Intake Opening Location M Min. clearance between an air
intake opening and any public
way is measured from the
opening to the lot line
403 Mechanical Ventilation M Substantial revisions that will
alter airflow requirements and
the way they are calculated
403.3 (Table) Minimum Ventilation Rates for Nail Salons M Nail stations in nail salons must
now each be provided with a
source capture system
403.3.1 Zone Outdoor Airflow M The method for calculating the
min. outdoor airflow has been
revised
403.3/403.3 (Table) Outdoor Airflow Rate M The table has been revised to
reflect the new airflow
calculations
403.3.2 System Outdoor Airflow M When a single ventilation
system serves more than 1
zone, the design parameters
may result in overventilation of
one zone. To compensate, the
code allows outdoor air intake
flow rate to average the
outdoor air intake for all zones
501.2/506.4 Independent Exhaust Systems Required M Those locations where an
independent exhaust system is
required are now established in
a single code provision
501.3 Pressure Equalization A This section will allow R-2
occupancies the same
exemptions as R-3 in maintain a
neutral or neg. pressure
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504.6 Domestic Clothes Dryer Ducts M Extensively revised this section.
Dryer duct length was 25’ and
changed to 35’, also clarifies
duct material and installation
504.8 Common Exhaust Systems for Clothes Dryers Located in
Multi-Story Structures
A Due to length limitations for
dryer exhaust this new section
provides specific requirements
for multiple dryers to be
gathered in a common shaft
505.1 Domestic Kitchen Exhaust Systems M Domestic kitchen exhaust ducts
are now required to be
independent of all other
exhaust
505.2 Domestic Kitchen Exhaust Makeup Air A Establishes max. exhaust limit
for domestic kitchen exhaust
systems before makeup air is
required
506.3.7.1 Grease Reservoirs A Criteria are now provided for
the construction of a grease
reservoir in a grease duct
system
506.3.8 Grease Duct Cleanouts and Other Openings D/M Access doors may now be
allowed the use of tools to
open the access door
For grease duct cleanouts,
gasket and sealing materials on
grease duct doors must be
rated at a min. of 1500°F
506.3.9 Grease Duct Horizontal Cleanouts M Criteria for cleanouts for
horizontal grease ducts have
been rearranged and several
technical provisions have been
added
506.3.10 Grease Duct Enclosures M Clarifies the application of the
provision for grease duct
enclosure into 3 separate
sections depending on the
enclosure
506.3.10 Underground Grease Duct Installations A Underground grease ducts are
now regulated based on new
provisions
506.3.11.2 Field-Applied Grease Duct Enclosures C Field-applied grease duct
enclosure systems are
specifically prohibited to reduce
clearance from combustibles
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506.4.2 Type II Terminations A Provides a termination
requirement for Type II
commercial kitchen hood
exhaust, which was previously
not addressed
507.2 Type I or Type II Hood Required M Type I or Type II commercial
kitchen hoods are not required
for appl. With integral
downdraft exhaust systems
507.2.1 Type I Hoods M Type I hoods no longer required
for complying electric appl. Are
being used
507.2.1/507.2.2 Type I and Type II Hoods M This revision eliminates the
reference to specific appliances
and replaces the by tying the
provision to the defined term of
light-, medium-, heavy-, and
extra-heavy- duty cooking
appliance
507.2.1.1 Operation of Type I Hoods M A method requiring the pilot
burner to stay on a gas cooking
appliance when the kitchen
exhaust fan interlock shuts off
507.2.1.2 Exhaust Flow Rate Label of Type I Hoods A On listed Type I commercial
cooking hoods are now
required to provide a label with
the min. exhaust air flow rate
507.2.2 Type II Hoods M Type II hoods are required to
be installed above appliances
that produce products of
combustion but not grease or
smoke
507.9 Clearance for Type I Hood A Cementitious wallboard has
been added to the exception
for clearances from Type I hood
507.10 Hoods Penetrating a Ceiling A Field-applied grease duct
enclosures are now prohibited
from being used over the top of
a Type I hoods
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510.7 Fire Suppression Required for Hazardous Exhaust Ducts M Automatic fire suppression is
no longer required in exhaust
ducts in semiconductor
fabricated facilities
601.4 Contamination Prevention in Plenums M Chimneys and vents are now
permitted to pass through a
plenum where in compliance
with one of three new
allowances
602.2.1 Materials within Plenums C Any material or assembly
within a plenum must be
noncombustible, gypsum
board, or listed and labeled
603.4.1 Minimum Fasteners A Adds a required method of
joining round metal pipe with
at least three screws
603.7 Rigid Duct Penetrations M Only those ducts that penetrate
a wall or ceiling between the
dwelling and adjacent private
garage need to comply with
Sec. 603.7
603.9 Duct Joints, Seams, and Connections C Unlisted duct tape is no longer
permitted as a sealant on
nonmetallic ducts
603.17/202 Air Dispersion Systems A Air dispersion systems are now
permitted to be installed
606.4.1 Smoke Detection System Supervision C Smoke detectors used for air
distribution systems are only
required to be connected to a
fire alarm system if the alarm
system is required by the IFC
607.5 Dampers for Duct and Air Transfer Openings/Where
Required
A/M Changes in the IBC and carried
over to the IMC to coordinate
the requirements to address
the damper requirements for
certain locations that were not
previously addressed
701.1 Combustion Air M/D Sec. 701.2 through 710.1 and
three definitions of sec. 202
have been deleted without
substitution. The remaining sec.
701.1 references the
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combustion air requirements
for solid fuel burning appliances
and NFPA 31 for oil-fired
appliances
801.18.4/801.18.4.1/801.20 Chimneys and Vents M Masonry chimneys that do not
have required air space and
clearance to combustibles, the
use and application of the liner
systems evaluated with UL
1777 have been clarified.
805.3 Factory-Built Chimney Offsets A The max. offsets in a factory-
built chimney is now specified
and the number of offsets has
been limited
901.4 Fireplace Accessories A Fireplace accessories must now
comply with UL 907
918.6 Prohibited Sources of Outdoor or Return Air for Forced-Air
Warm-Air Furnaces
M Unconditioned attics and crawl
spaces are now specifically
prohibited as a source of
outdoor or return air for
forced-air heating systems
928 Evaporative Cooling Equipment A Requirements for the
installation of evaporative
coolers have been added to the
IMC in a new Sec. 928
1101.10 Locking Access Port Caps A/M Requires refrigerant access
ports that are located outdoors
to be equipped with a locking
cap
Locking caps are no longer
required on refrigerant access
ports if the equipment is
located in a secure location
1103.1 (Table) Refrigerant Classification A/M The table was updated to
include many new refrigerant
types and to modify some of
the values for the permitted
types
1104.2.2 Industrial Occupancies and Refrigerated Rooms M Excludes electrical equipment
and appliances in areas using
ammonia refrigerants from
having to comply with the
“hazardous location”
requirements of NFPA 70, the
NEC
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1105.6/1105.6.3 Machinery Room Ventilation M The min. ventilation rates in
ammonia machinery rooms
must now be in accordance
with IIAR2
1106.4 Flammable Refrigerants M The ventilation requirements
for ammonia machinery rooms
are now mandatory in order to
be exempt from the Class 1
1107.2 Refrigerant Piping Locations A Provides guidance for the
installation and location of
refrigerant piping not
previously addressed in the IMC
1201,2/1202.4/1202.5 (Tables)
1203.16/1203.17/1203.18/1203.19 Hydronic Piping
A The revision of this chapter will
allow a number of additional
options in the design and
installation of hydronic piping
systems
1209.5 Thermal Barrier Required A Hydronic radiant floor heating
systems now require insulation
installed below the piping or
tubing
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Section /Topic Type 2006 2009 2012 Comments
Part 1 Plumbing Code
104.1/104.2/104.7 Duties and Powers of the Code Official M Consistency and
correlation language with
the other I-Codes
105.1/105.2.1/105.5/105.5.1 Approvals for Materials, Research
Reports, and Equipment
M/A Consistency and
correlation language with
the other I-Codes
110 Temporary Equipment, Systems, and Uses A Consistency and
correlation language with
the other I-Codes
Chapter 2 – Ball Cock (Definition) D Now defined as a “Fill
Valve”
Chapter 2 – Depth of Water Seal (Definition) M Water Seal is now
identified as Trap Seal
and in definition Water is
replaced by “Liquid”
202 Plumbing Fixture Definition M Updated definition
includes waterless
fixtures and devices
202 Plumbing Appliance Definition C Better clarifies the
differences between
appliances & fixtures
202 Grease Interceptor Definition M More consistent with
current industry
terms/types:
Hydromechanical and
Gravity
303.1/303.4 Material Identification and Third-Party Certification C Certification and
identification
requirements on
plumbing products and
materials
305.8/504.7 Protection Against Physical Damage and Required M Use of metal protection
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Pan plates, minimum required
thickness, measurement
clarification
308.9 Parallel Water Distribution Systems M Hot and Cold water may
be grouped in same
bundle
312.9 Shower Liner Test A Detailed requirements for
testing shower pan liners
315.1 Sealing of Annular Spaces at Penetrations M Consistent with building
envelope requirements of
IECC
403.1 (Table) Minimum Number of Required Plumbing Fixtures M I-4 Use Groups Adult day
care and child care
require bathing facilities
No service sink
requirement in Use
Groups B & M with
occupant load 15 or
fewer
Table 403.1 Assembly A-4 and A-5, Minimum Number of
Required Plumbing Fixtures
M Table modification for the
section relating to 1 per
40 for up to 1520
403.1 Minimum Number of Required Plumbing Fixtures,
Footnote “f”
M Footnote “f” removes
requirement of drinking
fountains in structures
with 15 or less occupants
403.2 Separate Toilet Facilities in Group M Occupancies M Provides exception to
allow single user
restrooms in Mercantile
having a maximum
occupant load of 100
persons
403.2.1 Family or Assisted-Use Toilet Facilities Serving as
Separate Facilities
A Where separate toilet
facilities for each sex are
required and only one
water closet is mandated,
Family or Assisted-Use
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rooms may be substituted
for the separate sex
facilities.
403.3/403.1.1 Number of Occupants of Each Sex and Fixture
Calculations
A Prescriptive method for
calculation the fixture
count
403.3.2 Relationship of Toilet Rooms and Food Preparation Areas A The IBC requirement
prohibiting toilet room
openings into food
preparation areas, now in
IPC
403.3.6 Locking of Toilet Room Doors A Locking devices are
prohibited on egress door
of toilet rooms designed
for multiple occupants
403.4.1 Directional Signage A Directional signage
indicating route to public
facilities
403.5 Drinking Fountain Locations A Where drinking fountains
are required, specific
placement in multi-tenant
facilities
405.3.1 Minimum Water Closet Compartment Size M Reduction of the
minimum depth of wall
hung water closet from
60” to 56”
405.4 Floor and Wall Drainage Connections M Use of waste connector
and sealing gasket to
connect a floor outlet
plumbing fixture
407.2 Bathtub Waste Outlets and Overflows M Bathtubs are now
required to be equipped
with an overflow and the
required stopper,
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watertight
410 Minimum Required Drinking Fountains M IBC provisions replicated
in the IPC provide clarity
& consistency
410.2 Prohibited Locations (Drinking Fountains) M Clarifies NO drinking
water outlets/equipment
shall be located in public
restrooms
412.2 Floor Drains M Requires floor drains to
be readily accessible
(except’ refrigerated
display cases)
413.3 Commercial Food Waste Grinder Waste Outlets M Allows the use of 1-1/2”
drain
416.5/424.5/425.3.1/608.1 (Table) Tempered Water for Public
Hand-Washing Facilities, Bathtub, and Whirlpool Bathtub Valves,
Fill Valves, and Application of Backflow Preventers
M Tempered water required
for public hand washing
facilities. Updated
performance criteria
standard: CSA B125.3
Plumbing Fixtures
417.2 Water Supply Riser M Modification to assure
proper anchoring of
shower arm receiver
fitting
417.5.2/417.5.2.5 Shower Lining and Sheet-Applied, Load
Bearing, Bonded, Waterproof Membranes
A Addition of the
performance standard
and language allows
another type of shower
pan liner system
acceptance
Part 2 General Safety Provisions(Chapters 3 and 4)
417.5.2.6 Shower Pan Liner Materials A Liquid-type, trowel-
applied, load-bearing,
bonded waterproof
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materials acceptable
419.1 Approval, Urinals M New standard added:
ASME A112.19.19-2006
allows the use of vitreous
china, waterless urinals
424.9 Water Closet Personal Hygiene Devices A New standard ASME
A112.4.2-2003 ensures
protection of public by
setting temperature limits
and minimum backflow
protection requirements
502.5 Clearances for Maintenance and Replacement A Requirement for 30 x 30
work space in from of
water heater without
removing permanent
construction or fire rated
assembly consistent with
IRC
504.4.1 Water Heater Storage Tank Relief Valves C Water heaters with
separate storage tanks
shall be provided with
complying temperature
and pressure protection
504.6 Requirements for Discharge Piping (Change 1) M Removal of unnecessary
language for areas
subject to freezing (air
gap required #2)
504.6 Requirements for Discharge Piping (Change 2) M Clarifies relief valve may
discharge into the pan if
equip.
504.7 Water Heater Pans M Clarifies drain pans are
only required on storage-
tank-type water heaters
(not for tankless)
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604.3 (Table) Water Distribution System Design M Updated terminology and
values for consistency
with plumbing design
standards
605 Polyethylene of Raised-Temperature (PE-RT) Plastic Tubing A PE-RT hot and cold water
tubing/distribution
systems recognized by
the IPC
605.3 (Table) Polyethylene (PE) Water Service Pipe A New standard added:
AWWA C901 PE Pressure
Pipe and Tubing
605.3/605.4 (Tables) Water Service Pipe and Water Distribution
Pipe
M Inclusion of ASTM F 2262
recognizes cross linked
PEX-Al-PEX pipe
605.3/605.5 (Tables) Water Service Pipe and Pipe Fittings M The addition of ASTM
standard recognize the
(PE) pipe and fittings and
there joining methods for
table 605.5
605.4 Water Distribution Pipe M The inclusion of standards
AWWA C151/A21.51 and
AWWA C115/A21.15
allow products to be used
in water distribution
systems
605.5 (Table) Pipe Fittings (Change 1) M New standard now
recognize PEX SDR9,
stainless steel, and metal
insert fittings with copper
rings as standard fittings
605.5 (Table) Pipe Fittings (Change 2) M The ASSE standard for
push-fit fittings has been
added to the code for
performance
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requirements
605.17.2 Mechanical Joints (for PEX) M Has been modified to
ensure the correct
combination of tubing
and fittings will be
installed together for
(PEX) systems
605.21/605.21.1 PE-AL-PE, PEX-AL-PEX, and Mechanical Joints A Text has now been added
to recognize joining
methods for (PE-AL-
PE)and (PEX-AL-PEX)
systems
605.24.1 Copper or Copper-Alloy Tubing to Galvanized Steel Pipe M For dielectric unions
between copper and
galvanized pipe the ASSE
1079 standard has been
added for conformance
standard for these piping
systems
606.7 Labeling of Water Distribution Pipes in Bundles A Water distribution piping
installed in bundles must
be labeled with content
and direction of flow
607.1.1 Water-Temperature-Limiting Means M W/H thermostat is
prohibited from being
used as a temperature-
limiting device
607.2 Hot or Tempered Water Supply to Fixtures M Max. distance between a
hot water source and
fixture has been reduced
to 50’ from 100’
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607.5 Hot Water Piping Insulation A Insulating the hot water
piping in a automatic
temperature
maintenance system is
now also the IPC
608.7 Valves and Outlets Prohibited Below Grade M This change ensures that
devises having openings
that are subject to
backflow below grade are
eliminated or not used.
By either not being used
or are separated by
acceptable backflow
means.
608.8/608.8.2 Identification of Potable and Nonpotable Water M/M Provides greater
clarification on lines that
convey nonpotable water
being identified by the
color purple
Clarifies identifying
nonpotable water inside
and outside of a bldg
608.14.2/608.14.2.1 Protection of Backflow Preventers and
Relief Port Piping
A These 2 sections have
been added to ensure
that protective devices
are cared for in colder
climates and that relief
ports drain to acceptable
locations
702.1/702.4 (Tables)/705.18 DWV for Polyvinylidene Fluoride
Plastic
A Two standards that
address (PVDF) plastic for
corrosive systems are
now in the code for the
products use
704.3/711.2.1 Horizontal Branch Connections M Horizontal branches can
now connect at any point
in the horizontal offset
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704.5 Dead Ends D Deletion of dead ends will
reduce remodeling cost
by allowing DWV where
fixtures are removed
709.1 (Table) Drainage Fixture Units for Bathroom Groups M A change to the footnote
a bathroom group is not
just applicable to dwelling
units now
709.1 (Table) Drainage Fixture Units for Fixtures and Groups M The changes in DFU
provides sizing
consideration for shower
drains with more than 1
spray based on GPM
709.4.1 Clear Water Waste Receptors A The clear water waste
section was added to
allow lower drainage unit
flow rate for receptors in
food areas
712.3.3 Sump Pump and Ejector Discharge Pipe and Fittings A Sump and ejector pump
pipe and fittings materials
are now specifically listed
712.3.5 Sump Pump Connection to the Drainage System M Sump pumps connecting
to the drainage system
are now allowed to
connect to building sewer
and drain, soil and waste
stack, or horizontal
branch drain
715.1 Fixture Protection from Sewage Backflow M The elevation for
determining for a
backwater valve has
changed from flood rim
level to finished floor
elevation
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802.1/802.1.8 Where Required and Food Utensils, Dishes, and
Pots and Pans Sinks
A Text has been added to
identify different
drainage connections
permitted for sinks used
in food service cleansing
of utensils, dishes, and
pans
802.1.8 Indirect Discharge of Food Preparation Sinks M Sinks used for food prep
and consumption cannot
tie directly to the
drainage system
802.2 Installation of Indirect Waste Piping M The distance for a trap in
a indirect waste line has
been extended and an
exception for clear waste
water has been added
802.3 Prohibited Locations for Waste Receptors M A specific list of
prohibited locations for
waste receptors has been
added
901.3/918.8 Air Admittance Valves for Chemical Waste Vent
Systems
M Air admittance valve for
chemical vents has been
added
903.2 Vent Stack Required M The change eliminates a
vent by considering the
venting taking place in a
special vented system
903.5 Location of Vent Terminals M Prohibited locations for
vents has been revised to
match the IMC
909.1 Horizontal Wet Vent Permitted M Ensures all fixtures’
connection to a
horizontal wet-vented
system will receive the
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necessary venting from
the systems’ vent
909.2/909.2.1/909.2.2 Dry Vent Connection, Horizontal Wet
Vent, and Vertical Wet Vent
A Clarifies that a dry vent
connection for both the
vertical and horizontal
wet-vented systems can
be obtained from the
branch serving a water
closet
915.2 Combination Waste and Vent System Sizing C The length of a
combination waste and
vent system is unlimited
917 Single-Stack Vent Systems A The single stack method
has been added an
acceptable venting
method
917.8 Prohibited Installations, Air Admittance Valves M Prohibited locations of
(AAVs) has been
expanded to address
sump pumps
1002.1 Floor Drains in Multi-Level Parking Structures M Floor drains in multi-level
parking garages are no
longer required to be
individually trapped
1002.4 Trap Seals M Clarification identifies the
trap seal connection shall
be above the trap seal so
the device will work
properly
1003.1 Interceptors and Separators C Required interceptors and
separators are permitted
to be located
downstream of the
building drain
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1003.3.1 Alternate Grease Interceptor Locations M Grease interceptors are
now permitted to be
installed in series instead
of replacing one that is to
small
1003.3.4 Grease Interceptors and Automatic Grease Removal
Devices
M Clarifies the sizing for
both grease interceptors
and removal devices with
the standards
1003.3.4 Hydromechanical Grease Interceptors C The term
“hydromechanical”
provides a clear
distinction from gravity
interceptors
1101.9 Backwater Valves M Clarifies storm drainage
backwater valves shall be
the same as in sanitary
sewer systems
1102.4/1102.7 (Tables) Building Storm Sewer Pipe and Pipe
Fittings
A A new Polyethylene pipe
conforming to ASTM
F2306/F2306M-05 has
been accepted into the
storm drainage system
1105 Roof Drain Strainers M Outdated code
requirements have been
replaced with new
provisions that address
installation and sizing of
roof drains
1107 Siphonic Roof Drainage Systems A New requirements have
been added to address
the standards ASPE 45
and ASME A112.6.9 for
siphonic roof drain
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systems
Chapter 13 Gray-Water Recycling Systems A Gray-water recycling
systems have been
moved from the appendix
the new Ch 13 in the code
Chapter 13 Referenced Standards M Numerous standards have
been revised in
recognition of newer
standards and many new
product standards have
been added
Appendix E Sizing of Water Piping Systems A The added table from the
Plastic Pipe
Manufacturers
Association provides
information in obtaining
pipe volumes to address
Green Bldg. issues
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Section /Topic Type 2006 2009 2012 Comments
Part 3 International Fuel Gas Code
103.2/103.3/103.4 Appointment, Deputies, Liability M Requirements for the
appointment of the code
official and protection against
liability are now uniform
throughout the I-Codes
106.5.7 Previous Approvals A A new or revised permit is not
required where the scope of
work exceeds 180 day limit
202 Definition of Appliance M Definitions for appliance and
equipment have been clarified
202/401.9/401.10/404.1 Identification, Testing and Certification A Each section of pipe and fitting
utilized in a gas system requires
the identification of the
manufacturer
306.3/306.4 Appliances in Attics and Under Floors M Attics and underfloor spaces for
installations of appliances must
meet the requirements for
maintenance and replacement
308.1 Clearance to Combustible Materials C That gypsum board is to be
considered a combustible
material for the purpose of
required clearances
404.1 Prohibited Locations M Clarification on the
requirements for prohibited
installation of fuel piping in
vertical vent shafts used in an
air duct or laundry chute
404.2 CSST Piping Systems A CSST piping systems shall be
installed in accordance with
their listing and manufacturer’s
installation instructions
404.4 Underground Penetration Prohibited M The IFGC no longer permits fuel
gas piping to penetrate the
foundation walls when piping is
installed below grade
404.6 Piping in Solid Floors A Specifies the installation
requirements for piping that is
sleeved and the sleeve
terminated in or outdoors
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404.8 Isolation A LP-Gas fuel gas systems using
metallic pipe are now require a
dielectric fitting to isolate the
underground piping from the
aboveground pipe that enters a
building
404.18 Prohibited Devices C Excess flow vales and similar
devices are now permitted in
gas piping systems that have
been sized to accommodate the
pressure loss
408.4 Sediment Traps M/M Sediment traps have been
revised to address their
location and design
An illustration is now added in
the IFGC to clarify the intent of
the provision
409.5 Appliance Shutoff Valve M Reorganized to clarify the
shutoff valve location
requirements
410.4 Excess Flow Valves A An excess flow valve must now
be listed, sized and installed as
per the manufacturer
instructions
410.5/202 Flashback Arrestor Check Valve A A combination flashback
arrestor and backflow check
valve is now required on any
fuel gas system used with
oxygen in any hot work
411.3.1 Maximum Length of Connectors M Length of a appliance connector
has been increased from 3 ft to
6 ft
614.6 Domestic Clothes Dryer Ducts M Sec. 614.6 has been
reorganized and the maximum
length of a gas clothes dryer
duct has increased from 25 ft to
35 ft
618.4 Prohibited Sources M Return air may be taken from a
garage provided with a
dedicated forced-air system
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Section
Topic/Type
2006 2009 2012 Notes
Part 1
R101.2 Scope, Grade Plane M Grade replaced by the term
Grade Plane determining story
R 101.2 Scope Live/Work A New exception for Live/Work
units permitted in IRC
R 105.2 Work Exempt from Permit M Accessory structure exemption
from 120 to 200SF. Additional
list of electric exemptions
Fences over 7 feet (increased
from 6 feet)
AMC
R 106.1.1 Information on construction Documents M Braced wall lines indentified on
construction documents
R 106.3.1 Approval of Construction Documents M “REVIEWED FOR CODE
COMPLIANCE”
Part 2
R 202 Definitions, Attic and Habitable Attic A “Habitable Attic” added
R 202 Definitions, Labeled and Listed M Revised for clarity/consistency
R 202 Definitions, Structural Insulated Panel (SIP) A IRC definitions for SIPS to aid in
prescriptive methods allowed
R 202 Definitions, Structural Composite Lumber A LVL, PSL, LSL, OSL defined
Part 3
R301.1.1 Alternative Provisions M Recognition of ICC-400
Standard for Log Construction,
updated AISIS230 Standard for
Cold Formed Steel Framing
R301.2.1 Wind Design Criteria M Updated wind speeds ASCE 7-
2010, prescriptive provisions
for buildings in regions with a
wind speed less than 110mph
R301.2.1.1 Design Criteria M ICC-600 replaces older
standard for high wind areas,
SIP construction recognized
R301.2.1.2/Table 301.2.1.2 Protection of Openings M Windborne debris areas New map defining windborne
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prescriptive requirements on
garage door glazing
debris areas and all glazing
requires protection
R301.2.1.5/Table 301.2.91) Topographic Wind
Effects
A Very limited circumstances;
hilltop structures must
consider effects of topographic
wind speed up (Pacific NW)
R301.2.2 Seismic Provisions C Reorganization of seismic
provisions clarify design
application within seismic area
General rule & exception
replaced by separate rules for
1&2 family and townhouses
R301.2.3 M SIP max snow load of 70 psf
R301.3 Story Height M Floor framing may exceed 16”
in height, SIP bearing wall
height maximum 10 feet
R301.5 Minimum Uniformity Distributed Live Loads M Deck & Balconies both 40 psf,
limited attic storage now
considers insulation depth.
Attics with fixed stairs have a
minimum live load 30 psf
Live load terminology updated
with ASCE 7-10 for clarification
R302.1 and Table 302.1 Fire-resistant Construction
at Exterior Walls
M Renamed and relocated Fire-
Resistant provisions of the IRC.
Exterior FRRC must comply
with ASTM E 119 or UL263.
Fire separation distance
requirements no longer apply
to buildings on the same lot
The minimum clearances to lot
lines reduced from 5’ to 3’ for
unrated exterior wall when fire
sprinkler system is installed.
Zero lot line homes are
permitted to have unrated
exterior walls when all
subdivision dwellings have fire
sprinklers. Also allows for
unlimited unprotected
openings and penetrations
R302.2 and 302.3 Dwelling Unit Separation M Town houses are permitted a
1- hour common FRR wall
w/ASTM E 119 or UL263.
R302.2.2 Parapet Exception M When a parapet is not installed
no penetrations allowed within
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4 feet of separation
302.4 Rated Penetrations for Dwelling Unit
Separation
M Relocation of provisions,
editorial changes clarify
exceptions, modifications for
electrical boxes more
accurately represent accepted
practices for FRRC
302.5 Garage Openings and Penetrations M Relocation of garage fire-
resistant construction
provisions and penetration
requirements reference
fireblocking provisions
302.5.1 M Doors between garage and
dwelling unit now require self-
closing devices.
302.6 and Table 302.6 Garage Separation C Relocation and reformatted
provisions, table added for
clarity
R303 Mechanical Ventilation M When used, mechanical
ventilation requirement must
be in accordance with R1507.
Whole-house mechanical
ventilation system required
when blower door testing
determines the air infiltration
rate is less than 5 ACH.
R303.5 Ventilation Intake Openings M Minimum vertical clearance
between a contaminant source
and an outdoor air intake
below has increased from 2
feet to 3 feet.
305.1 Minimum Ceiling Height M Reorganized for clarity and
exceptions for projections
have been removed.
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Bathroom change at fixture.
308.1.1 and 308.3 Identification of Glazing and
Human Impact Loads
M ANSI Z97.1 alternative test
procedure to CPSC 16 CFR
1201 for safety glazing
308.4 Hazardous Locations Requiring Safety Glazing M/C Reorganization of section for
ease of use.
Reorganized numbered list of
locations now has individual
section with descriptive title.
R308.4.5 Glazing and Wet Surfaces C Consolidated provisions for
glazing and wet surfaces near
tubs and swimming pools.
R308.4.6 Glazing Adjacent Stairs and Ramps M Minimum height of glazing
adjacent to treads is 36” or
safety glazing is required
R308.4.7 Glazing Adjacent to the Bottom Stair
Landing
M Safety glazing is required
within 60” horizontally for any
glazing installed 36” or less
above walking surface
R309.5 Garage Fire Sprinklers A Non-rated exterior garage wall
permitted to be constructed
on lot line when all subdivision
dwellings have fire sprinklers
(N/A)
R310.1 Emergency Escape and Rescue Openings M/C Habitable attics require EE&RO Max sill height measured from
finished floor to bottom of
clear opening.
R310.2.2 Window Well Drainage A Drainage system required,
except well-drained soil areas
R311 Means of Egress M Simplified and clarifies egress
ends when occupant reaches
grade, clear opening of door
R311.3.1 Floor Elevations at the Required Egress
Door
C Exception allowing 7-3/4”
landing below the top of
threshold, ONLY applies to
exterior side
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R311.7.2 Stairway Headroom M Added exception for the side
of treads of open stairs passing
thru floors maximum
projection of 4 ¾ allowed
R311.7.3 and R311.7.4 Stair Treads and Risers M New walkline provisions for
winders, a new exception
permitting winders use in a
stairway of otherwise
rectangular treads
R311.7.6 Landing for Stairways M Curved/angular landings
allowed when prescriptive
requirements are met
R311.7.7 Handrails M Transition fittings are now
permitted to exceed max
height 38” and clarification all
handrails must have rounded
edges
R312 Guards / Guards and Window Fall Protection M Vertical distance is measured
vertically to the lowest point
within 36’ horizontally, fixed
seating is considered as floor
Window fall protection
relocated from Chapter 6 to
Chapter 3. Prescriptive
provisions modified consistent
with ASTM F 2090
R313 Automatic Fire System A Texas Law supersedes
R314 Smoke Alarms
C Reorganization and alternative
systems prescriptive
requirements for supervision,
Habitable attics require smoke
alarms, minor plumbing and
mechanical work does not
trigger alarm requirements.
Wireless technology may be
used in lieu of interconnection
R315 Carbon Monoxide Alarms A Carbon Monoxide alarms
required in homes with fuel-
fired appliances and in
dwellings with attached
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garages
R315.2 Carbon Monoxide Detection Systems M Carbon Monoxide detection
systems installed in
accordance with NFPA 720
permitted
R316.4 Thermal Barrier M New referenced standard,
NFPA 275 for thermal barrier
material other than ½ gypsum
R316.5.13 Thermal Barrier for Floors A New provisions allow SIP floor
R317. 1 Locations for Protection Against Delay M Protection from decay is now
required for wood siding,
sheathing, and wall framing
less than 2 inches above a
concrete slab exposed to
weather.
R317.3 Fasteners and Connectors in Contact with
Treated Wood
M New sections for fasteners and
connectors used with
preservative-treated or Fire-
retardant-treated wood
(FRTW)
R317.4 Wood/Plastic Composites A Definition and specific
requirements for
manufactured wood/plastic
composites. Products must be
listed and labeled as complying
with ASTM D 7032
R318.1 Subterranean Termite Control Methods M When used pressure-
preservative-treated wood
must meet location
requirements of R317
R319.1 Address Numbers M New minimum size of 4”
numbers for addressing, with a
minimum stroke of ½” and a
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contrasting background.
R322 Flood-Resistant Construction M Direct reference to ASCE 24 for
buildings in floodways and
coastal high-hazard V Zones
R323 Storm Shelters A New section when installed
must be constructed in
accordance with ICC/NSSA-500
Standard for Design and
Construction of Storm Shelters
R401.3 Surface Drainage M When not feasible to provide
prescriptive 6” within 10’ from
foundation new language
requires drainage away w/o
prescriptive slope.
R401.4 Soil Tests M Revised text defines the
necessary criteria rather than
previous subjective language
R402.3 Precast Concrete Foundation Materials M Minimum specifications for
materials used in manufacture
of Precast concrete
foundations, design and
installation.
R403.1.3.2 Seismic Reinforcing for Slabs-on-Ground
with Turned-Down Footings
M Seismic Design Categories D0,
D1, D2 Areas
R403.1.6 Foundation Anchorage M Reorganizes section, clarifies
requirements and eliminates
allowance of foundation
anchorage in brick and solid
masonry foundations.
R403.4 Footings for Precast Concrete Foundations A Prescriptive requirements for
crushed stone footings in
supporting Precast concrete
foundations are now in IRC
Tables 404.1(1) through R404.1(3) D Deleted tables for lateral
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restraint the top of foundation
walls of concrete/masonry
R404.1 Concrete and Masonry Foundation Walls M Separated technical provisions
for concrete from masonry,
ICF’s included with concrete,
prescriptive concrete provision
consistent with Portland
Cement Association standard
PCA 100
R404.1.9 Isolated Masonry Piers A New prescriptive provisions for
construction of isolated
masonry pier foundation
supporting raised floors
R404.5 Precast Concrete Foundation Walls A Requires engineering, design
and labeling requirements to
include submittals of design
criteria and drawings
R405.1 Foundation Drainage M Requires a filter membrane for
perforated foundation drains
R405.1.1 Precast Concrete Foundation Drainage A Specific requirements of
foundation drainage pipe 1
foot beyond edge of wall
R406.4 Precast Concrete Foundation System
Dampproofing
A Panel joints require fill and
sealant, exterior below grade
surface to be dampproofed
R407.3 Steel Columns C Steel columns must be
fabricated of not less than 3-
inch-diameter Schedule 40
R408.1 and R408.2 Underfloor Space Ventilation M Reestablishes the 2003 IRC
provisions of ventilation of
Underfloor area to 1/1500
R501.3 Fire Protection of Floors A With some exceptions the
code requires ½ gypsum or
equivalent to the underside of
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floor assemblies
R502.2.2.1 and Table R502.2.2.1 Deck Ledger
Connection
A Prescriptive methods for
securely attaching a wood
deck to the dwelling
R502.7 Lateral Restraint for Wood Joists C Clarification lateral support
required with installation of
engineered wood products
R505 Cold-Formed Steel Floor Framing M Prescriptive provisions of cold-
formed steel framing applies
to three story buildings
R507 Decks M All deck provisions relocated to
a new section. Deck ledger
attachment revised to
correlate with the NDS
R602.1.1 End Jointed Lumber M End-jointed lumber used in
fire-rated assemblies must
have a HRA in the grade mark.
(Heat-Resistant Adhesive)
R602.3(1) Fastener Schedule for Structural Members M Reorganized and updated table
to reflect currently accepted
industry standards/practices
Now includes requirements for
nailing roof trusses, studs at
wall corners, rim board to sill.
R602.3 and Table R602.3(3) Wood Structural Panel
Wall Sheathing Used to Resist Wind Pressures
M References wind load
requirements of R301.2.1 and
new requirements for
fastening, thickness, span, stud
spacing based on design wind
speed and exposure.
R602.3(5) Table, Size, Height, and Spacing of Wood
Studs
M Habitable attic is treated the
same a typical roof and ceiling
forming an attic in
determining stud size/spacing
R602.6.1 Drilling and Notching of Top Plate M When metal plate is required,
tie must extend 6 inches
beyond opening, the length of
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nails used reduced to 1-1/2”
R602.7, Table R602.7.1 Single Member Header A Single member headers use
under limited conditions
R602.10 Braced Wall Lines and Braced Wall Panels
R602.12 Wall Bracing
M Entirely rewritten to provide
technical accuracy and clarity.
No differentiating between
interior and exterior braced
wall lines.
2012 substantially rewritten,
added Section 602.12
Simplified Wall Bracing
R602.10.1.2 Length of Wall Bracing M Lateral bracing relating to
wind/seismic placed in
separate tables based on
building location. Expressed in
feet rather than percentage
R602.10.1 Braced Wall Lines M Section reorganized to address
braced wall lines only
R602.10.1.3 Angled Corners of Braced Wall Lines A Allows angled wall segments to
contribute to the amount of
wall bracing in braced wall line
R602.10.1.4 Braced Wall Panel Location M Location requirements now
grouped together, max
distances limited to combined
total of 12.5 feet
R602.10.1.5 Braced Wall Line Spacing for Seismic
Design Categories D0, D1, D2
M Expands the exception spacing
to 35 feet in Seismic Design
Categories D0, D1, D2 Areas
R602.10.2 Intermittent Braced Wall Panel
Construction Methods
M 2006 IRC methods groups and
considered intermittent to
separate them from
continuous
R602.10.2 Braced Wall Panels M Information placed in one
section. Braced wall panels my
be located up to 10 feet from
both ends of braced wall line
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R602.10.3 Minimum Length of Braced Wall Panels M Recognition of braced wall
panels less than 48”, not less
than 36” in Seismic Categories
A, B, and C.
R602.10.3 Required Length of Bracing M Consolidation of information
on wall bracing, wind
adjustments placed in separate
table
R602.10.3.2 Method ABW: Alternate Braced Wall
Panels
M New figure replaces much of
the text, providing clarity.
R602.10.3.3 Method PFH: Portal Frame with Hold
Downs
M Method used adjacent to door
or window, typically used at
overhead doors (PFH); figure
R602.10.4 Continuous Sheathing M Extensive revision and
expansion to provide more
flexibility
Bracing construction methods
grouped into single section.
R602.10.5 Minimum Length of a Braced Wall Panel M Braced wall panel minimum
lengths are combined in Table
R602.10.5
R602.10.6 and R602.10.7 Braced Wall Panel
Connections and Support
M Connection requirements
above and below have been
revised, recognizes masonry
stem wall.
R602.10.6 Construction of Methods ABW, PFH, PFG,
CS-PF, and BV-WSP
M All 2009 IRC braced wall panel
methods into one section,
adding new method BV-WSP
R602.10.6.5 Wall Bracing for Dwelling with Stone
and Masonry Veneer in Seismic Design Categories
D0, D1, D2
M Moved from Section R602.12,
defines new method BV-WSP
R602.10.7 Ends of Braced Wall Lines with
Continuous Sheathing
M Consolidation into one section.
R602.10.8 Braced Wall Panel Joints M The exception permitting
horizontal joints without
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blocking in lower Seismic
Categories has been deleted.
R602.10.9 Cripple Wall Bracing M Relocated and terminology
updated. Required bracing is
measured in feet vs.
percentage.
R602.10.9 Braced Wall Panel Support M Concrete stem walls 48 “or less
that are less than 6” thick
require reinforcement similar
to narrow masonry stem walls
R602.11 Wall Anchorage C This section only contains
provisions related to
anchorage of braced wall to
concrete and masonry
R602.12 Simplified Wall Bracing A Alternative method to brace
detached dwellings located in
SDC A, B, C and townhouses in
SDC A or B, with basic wind
speeds less than 90MPH and
Wind Exposure Category A or B
R602.12.6 Narrow Panel for Simplified Wall Bracing A Alternative method for narrow
braced panels in accordance
with a Section 602.10
R603 Steel Wall Framing M Extensive revision, expansion
to clarify and update
prescriptive provisions,
correlated w/ AISI S230, 2007
edition includes 3-story
R606.3 and 606.4 Corbeled Masonry M Section divided into three
sections to clarify
requirements, recognizes
mortar filled masonry units
R606.12.2.1 and Table 606.12.2.1 A Prescriptive requirements for
minimum lengths of masonry
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walls to provide wall bracing.
All building in Seismic Design
Categories D0, D1, D2 , above
grade buildings in SDC C
R607.3 Installation of Wall Ties M Now includes minimum mortar
coverage for wall ties in
exposed face, embedment.
R611 Exterior Concrete Wall Construction M Completely revised to reflect
Portland Cement Association
PCA 100, above-ground
concrete wall integrated w/ICF
R612.2 Window Sills M Clarify child fall prevention
alternatives to the minimum
sill height, emergency escape
and rescue opening
R613 Structural Insulated Panel Wall Construction A Prescriptive provisions for SIP,
limited to two story, 40’x60’,
10’ wall height SDC A, B, C
R703 and Table R703.4 Weather-Resistant Exterior
Covering
M Performance requirements for
wind resistance have been
added to the water resistance
provisions. Table changes
clarify water resistive barrier
requirements, updates
fastening requirements to
reflect current industry
practices
R703.7.3 Lintels M Steel lintels require a shop
coat of rust-inhibitive primer
or other corrosion protection.
2009 also provides alternative
prescriptive method to support
veneer, openings up to 18’ 3”
in length using steel angle and
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horizontal reinforcement
R703.7.3.2 Masonry Veneer Lintel M Minimum and Maximum
heights of masonry veneer
established lintels max 18’3”
R703.7.4 Masonry Veneer Anchorage M Minimum embedment & cover
dimensions for metal wall ties
Updated tie fastener & air
space requirements, table
format for ease of use
R703.7.4.2 Grout Fill Behind Masonry Veneer M Mortar is not longer permitted
to fill the air space
R703.8 Flashing M Pan Flashing is required on
window and door openings
when not provided by
manufacturer, design
professional, or BO
R703.11.1.1 and 703.11.2 Vinyl Siding A Vinyl soffit must be individually
fastened in accordance with
mfg installation instructions,
supporting component.
Provisions for vinyl installed
over foam plastic sheathing.
R703.12 Adhered Masonry Veneer A Minimum clearance and
flashing requirements for
adhered masonry veneer on
exterior walls. Clearances:
4” from grade, 2” paved, ½”
above walking surfaces and
flashing at foundation.
R802.7 Cutting, Drilling, and Notching of Roof
Members
C Reference to R502.8.1,
provisions for cantilevered
rafters, ceiling joist Taper cut
max ¼ depth of member.
802.11 Roof Uplift Resistance M Updated for current standards,
simplified for ease of use.
R804 Cold-Formed Steel Roof Framing M Extensive; revised/reorganized
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Prescriptive provisions of cold-
formed steel framing applies
to three story buildings
R806 Attic Ventilation M Other than wire mesh is
permitted, opening dimensions
reduced from 1/8” to 1/16”.
Rewritten provisions for
unvented attics
Options to omit attic
ventilation in certain areas.
Cross ventilation reduction is
clarified, 40% min. 50% max. in
the upper portion of roof (3’)
R806.5 Unvented Attic Assemblies C Clarifies section applies to
rafter assemblies of vaulted or
cathedral ceilings & updates
for climate zones 5, 6, 7, & 8
R807.1 Attic Access C Prescriptive methods to
measure height of above
required attic access opening
R905.2 Asphalt Shingles M Asphalt shingles must comply
with ASTM D7158 or D3161
(wind resistance)
Flashing at end of wall requires
turn-out
R905.8.6 Wood Shake Installation M 3/8 inch minimum spacing
between shakes (keyway)
R903.2.1 Roof Flashing Locations M Turn out required at the end of
roof/wall intersection
R903.2.2 Crickets and Saddles C Unit skylight flashing in
accordance with
manufacturer’s instructions
R905.2.7.2 Underlayment and High Wind M New requirements for
installation of underlayment in
high-wind areas
R905.2.8.3 Sidewall Flashing M The use of continuous flashing
allowed, use of a J-turn
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suggested. References Chapter
7 requirements for
flashing/counterflashing
R905.2.8.5 Roof Drip Edge A Roof drip edge is required for
asphalt shingles
R907.3 Recovering versus Replacement of Roofing M Hail exposure area is removed
and adhered ice barrier may
remain in place
R1001 and R1003 Masonry Fireplaces and Chimneys M Added minimum thickness,
parging, and lining
requirements. Clay flue liners
require a non-water-soluble
refractory motor
R1003.9.1, R1003.3.3 Masonry Chimney Caps and
Rain Caps
A Provisions for commonly used
caps consistent w/ASTM C1283
R1005.7 Factory-Built Chimney Offsets A Factory-built chimneys must
be vertically installed, no
offsets greater than 30
degrees, 4 elbows maximum
Part 4 Energy Conservation
N1101 Energy Efficiency M Replaced with residential
requirements of the IECC:
Permanent certificate list
results of blower door test &
duct testing. Blower door test
on all dwellings. Sets minimum
insulation hot water piping.
High-efficacy lamps 75% all
permanent lighting fixtures.
Minimum fan efficacy for
whole-house mechanical
ventilation
N1101.2.1 and Table N1101.2Climate Zones,
Moisture Regimes, and Warm-Humid Designations
C One table (map) for climate
zones, moisture regimes, and
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war-humid designations for
every county.
N1101.9 Permanent Energy Certificate M The certificate shall be posted
on or in the electric service
panel without cover circuit
directory label. When gas-fired
unvented heaters, electric
furnaces, baseboard heaters
installed, specifically noted on
certificate without reference
to efficiency designation.
Tables N1102.1 and N1102.1.2 Insulation and
Fenestration Requirements by Component
M U-factors for fenestration
lowered in Zones 2, 3, and 4,
an exception for impact-
resistant glazing in windborne
debris areas. Other changes for
Zones 5, 6, and Marine 4 not
applicable to TX,
N1102.2 Ceiling and Hatch Insulation Requirements C Envelope also applies to access
hatches and doors, weather-
stripping and insulation
required.
Table N1102.2.5 Steel Framed Wall Insulation M Option of continuous R-10
applied to steel framing
considered equivalent to R-13
cavity insulation (wood wall)
N1102.4.1 Sealing of the Building Thermal Envelope C Now includes attic access
openings and rim joist junction
N102.4.5 Recessed Lighting M All recessed luminaries must
be IC rated & labeled for air
movement. Sealed where
penetrating ext. wall or ceiling.
N1103.7 Snow Melting System Controls A Automatic shut off required
N1103.8 Swimming Pools A Pool heaters require automatic
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& manual on-off controls. Gas-
fired heaters without
continuous pilot lights, Cover
required on heated pools
N1104 Lighting Systems A 50% of permanently installed
fixtures to be compact
fluorescent lamp or other high-
efficacy lamps
75% of permanently installed
fixtures to be compact
fluorescent lamp or other high-
efficacy lamps
Part 5 Mechanical Chapters 12 through 23
M1301 Identification and Certification of Pipe,
Tubing, and Fittings
A Third party certification and
identification on pipe, tubing,
and fittings used
M1305.5.1.4.1 and M1308.3 Ground Clearance for
Appliances
M Consolidation of requirements,
min 3” clearance from grade,
supported in accordance with
manufacturers requirements
M1307.3.1 Protection from Impact M Expands requirements beyond
garages and carports
M1411.6 Locking Access Port Caps M Now allows for any approved
means, not only locking caps
M1502 Clothes Dryer Exhaust M Focus on the Manufacturer’s
installation instructions. New
table for equivalent length,
lengths greater than 25’
require permanent
identification of developed
length. Protection plates
required when penetrating
framing, 1-1/4” from edge.
Support requirements
increased from 4’ up to 12’.
Ducts must now be
mechanically fastened;
fasteners must not penetrate
more than 1/8”. Duct
developed length has
increased from 25’ up to 35’
M1503.4 Makeup Air for Kitchens Exhaust Hoods A Kitchen hoods w/ rating over
400cfm requires synchronized
makeup air
M1506 Exhaust Openings Minimum clearances between
air terminations and openings
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in to the building.
M1507 Mechanical Ventilation A Prescriptive criteria for whole-
house ventilation. Kitchen and
bathroom ventilation is local
M1601.1 Above-Ground Duct Systems M Exterior wall cavities are not
permitted for use as return air
plenums
M1601.3 and M1601.4 Duct Insulation Materials
and Duct Installation
M Alternative testing method for
duct insulation materials for
smoke and flame spread. Spray
foam insulation in specific attic
and crawl space applications
M1601.4.1 Duct Joints, Seams and Connections M IRC replaced w/ IMC provisions
, reference SMACNA HVAC,
Unlisted duct tape not
permitted for sealing duct
M1601.6 Independent Garage HVAC Systems A HVAC may not serve both
dwelling unit and the garage
M1602.2 Prohibited Sources of Outdoor and Return
Air
M/C Unconditioned attics and crawl
spaces specifically prohibited
source of outdoor or return air
Garage HVAC unit may take
return air from garage. Return
air may be taken from
mechanical room. 10’ rule
M1701 Combustion Air M Significant changes for
combustion air, Solid-fuel-
burning appliances installed to
manufacturer’s installation
instructions and NFPA for oil-
fired appliances.
M2103.2 Hydronic Floor Heating Systems A Insulation is required below
Hydronic radiant floor heating
systems; R-value visible,
thermal break is required
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between slab and foundation.
M2104 and Table M2101.1 Hydronic Piping
Materials
A Two polyethylene materials
and their associated fittings
now recognized
M2301, M2302 Thermal and Photovoltaic Solar
Energy Systems
A Photovoltaic solar energy
systems have been added to
the IRC Mechanical system to
distinguish them from thermal
solar energy systems.
Part 6 Fuel Gas
G2408.2.1 Appliance Installation in Garages A Elevation of ignition source not
required when installed in
enclosed space not opening
into a garage. Installation w/no
strain on piping connections
G2409.1 Reduced Clearance to Combustible
Materials
C Gypsum board is specifically
identified as combustible
material for the purpose of
determining clearance
G2412, G2415 Pipe Identification and Certification A Pipe and fittings utilized in a
gas systems require the
identification of the
manufacturer and certification
G2415.4 Underground Penetrations Prohibited A Gas piping is no longer
permitted to penetrate the
foundation wall below ground.
G2415.6 Piping in Solid Floors M When protective conduit
installed in a slab both ends
terminating inside a building
prohibits sealing of ends. If one
end terminates outside, the
inside portion must be sealed,
outside preventing entry of
water and insects and vented.
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G2415.12 Piping Underground Beneath Buildings M Prohibits sealing of protective
conduit which terminates
inside the building.
G2419.4 Sediment Trap M New illustration for correct
configuration of a sediment
trap. Exempts some gas fired
decorative fireplaces.
G2420.5 Appliance Shutoff Valve M Manifold piping provisions
allow shut off at manifold, max
50’ from appliance. Appliance
replaces the term equipment.
G2422.1.2.1 Maximum Length of Connectors M Appliance connectors max.
length increased from 3’ to 6’
G2439.5 Clothes Dryer Ducts M Except where determined by
manufacturer max. length
increased from 25’ up to 35’.
Label or tag required within 6’
of dryer. Protection of duct.
G2442.4 Prohibited Sources of Outdoor and Return
Air
M HVAC serving only the garage
may obtain return air from
garage. 10’ separation
between return air inlets and
draft hood/open combustion.
G2447.5 Vertical Clearance Above Cooking Top A Kitchen wall cabinet must have
30” clearance of cook top.
Reduced w/ listed appliances
or insulating materials installed
Part 7 Plumbing
P2503.5.1 Rough Plumbing Test M Air testing of DWV piping is
systems no longer permitted
P2601.2 Connections to Drainage Systems M Waste water from: lavatories,
bathtubs, clothes washers, and
laundry trays is now defined as
gray water and can be
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discharged to approved gray-
water system
P2603.4 Pipes through Foundation Walls M A sleeve or relieving arch is not
required for pipes passing
under a footing.
P2606 Sealing of Annular Spaces C Sealing revised for approved
types of materials and correct
application, correlates w/ IECC
P2609.1, 2609.4 Identification and Certification Pipe, fittings, & plumbing
components utilized require
the identification of the
standard and manufacturer. All
products listed by third party
certification
P2702.1, 2706.1 Plumbing Fixtures M Now includes devices which
discharge to the drainage
system but are not connected
to the water supply. Strainers
excluded on hub drains and
standpipes. Attics and
crawlspaces are now listed as
prohibited for waste receptors
and standpipes. Clothes
washer standpipes permitted
in bathrooms.
P2705.1 Installation of Fixtures M Revised fixture clearance
consistent with the IPC
P2709.1, P2709.2 Shower Receptors and Linings M Distance liner must extend
above finished threshold
reduced from 3” to 2”.
Thickness requirements of PVC
and CPE replaced by
referenced standards
P2709.2.4 Liquid-Type Shower Lining A IRC now recognizes a new
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liquid-applied liner material
P2713.1 Bathtub Waste Outlets and Overflows C Revised text clarifying
bathtubs require overflow
outlet
P2709.1 Floor Drains C Drains not permitted beneath
fixed appliances or in
inaccessible areas
P2801.5 Required Water Heater Pan C Tankless do not require pan.
P2902.6 Location of Backflow Preventers C Guidelines for the location and
protection of backflow
preventer per manufacturer
P2904 Dwelling Fire Sprinkler Systems
*NOT applicable in most Texas municipalities
A Prescriptive requirements for
the design of dwelling fire
sprinklers.
*P2904.2.4.2 Minimum Fire Sprinkler Separation
from Obstructions
M Figure for separation between
sprinkler and obstruction
P3003.19 Joints between Drainage Piping and Water
Closets
M Use of waste connector and
sealing gasket is now
permitted as an alternative to
a flanged floor-mounted WC
P3005.2.6 Cleanout at the Base of Stacks M Cleanout now required at the
base of each sanitary drainage
stack. Alternative locations
near stack or outside building
are no longer permitted.
P3007 Sumps and Ejectors M Replaced text to match
provisions in 712 of IPC
P3007.3.5 Ejector Connection to the Drainage
System
M Ejector discharge may now
connect to soil stacks, waste
stacks, horizontal branch
drains, in addition to sewer
P3009 Gray-Water Recycling Systems A Moved from appendix into
body of code.
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P3103.5 Location of Vent Terminal M Minimum clearance for vent
terminations above openings
within 10’ has been increased
from 2’ to 3’
P3108.1 and P3108.2 Wet Venting M Each fixture drain must
connect individually to the
horizontal wet vent. WC may
now be located upstream of
the dry vent connection to the
horizontal wet vent.
Part 8 Electrical Chapters 34 through 43
(Informational purposes only Texas Law requires NEC as the Electrical Code in the State of Texas, currently the 2011 NEC)
2009 references 2008 NEC
currently adopted by COA
2012 IRC references 2011 NEC
E3607.3 Grounding for Buildings Supplied by
Feeders
M For other than existing, the
code no longer permits feeders
or branch circuits without
grounding conductors to serve
separate buildings
E3608.1 Grounding Electrodes M Clarifies locations concrete-
encased electrodes and
requires only one to be
connected to grounding
electrode system.
E3608.1.2 Concrete-Encased Electrodes C Separate section created
E3608.4 Supplemental Electrode Required C Rod, pipe, or plate electrode
requires supplemental
electrode unless testing
confirms the single electrode
has resistance to earth 25
ohms or less
E3609.3 Intersystem Bonding Termination M Bonding terminations for
communications, satellite, and
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cable television grounding
conductors are now required
in one of three prescribed
locations/accessible locations
E3705.7 Location of Overcurrent Devices M Prohibits overcurrent devices
from being located over steps
E3901 Required Receptacle Outlets M Receptacle outlets controlled
by a wall switch no longer
count towards the required
E3901.7 Outdoor Outlets M An outdoor outlet is required
for any deck, porch, or balcony
that is 20sf or larger, accessible
from inside dwelling unit
An outdoor outlet is required
for any deck, porch, or balcony
that is accessible from inside
the dwelling unit
E3901.11 Receptacle Outlets in Foyers A Dwelling unit foyers exceeding
60SF require receptacle outlets
E3909.2 and E3902.5 Ground-Fault Circuit-
Interrupter (GFCI) Protection
M All 15 or 20 ampere
receptacles installed in garages
& unfinished basements
require GFCI, exception
fire/burglar alarms
E3902.11 Arc-Fault Protection M Required in all habitable
spaces, except kitchens,
bathrooms, unfinished
basements
E3902.11 Location of Ground-Fault Circuit
Interrupters
A GFCI must be readily accessible
E3905.8 Boxes at Fan Outlets M When wired for fan, box must
be listed for support of fan
E4001.11.1 Switch and Faceplate Grounding M Two exceptions for kits or
assemblies of non-metallic
yokes, as well as snap switches
E4001.15 Switching Controlling Lighting Loads A Unless a means of access for
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rewiring is provided, a
grounded circuit conductor
must be provided at the switch
outlet
E4002.14 Tamper-Resistant Receptacles A Tamper-resistant receptacles
are required on all 125-volt 15-
and 20-ampere receptacles
Receptacles 5-1/2’ above floor,
part of luminaire or appliance,
or in a dedicated space for
appliance, do not require TRR
E4003.12 Luminaires in Clothes Closets M Recessed or surface-mounted
LED and fluorescent luminaires
may be installed within
defined storage area when
identified as suitable
E4203.3 Disconnecting Means for Pools, Spas, and
Hot Tubs
M Disconnecting means must
simultaneously disconnect all
ungrounded conductors and
not be located within 5’ of the
water’s edge
E4204.2 Bonded Parts of Pools, Spas, and Hut Tubs M Where walls are at least 5’
high and within 3’ from edge
of pool, equipotential bonding
is required pool side. Metal
parts within 5’ require bonding
E4206.5.1 Servicing of Wet-Niche Luminaires C All maintenance able to be
performed from pool deck
E4209.1 Hydromassage Bathtubs M Individual circuit required,
GFCI must be readily accessible
E4209.3 Accessibility to Electrical Equipment of
Hydromassage Bathtubs
M When behind access panes
receptacle outlets must face in
direct view and within 1’ of
access opening
Part 9 Swimming Pools, Spas, and Hot Tubs, Appendix G
AG 105.2 Outdoor Swimming Pool Barrier C Prescriptive door alarms must
be in accordance with UL 2017
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AG 106 Entrapment Protection for Swimming Pool
and Spa Suction Outlets
M ANSI/APSP-7 is the referenced
standard.