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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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 1 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 2 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 3 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 4 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 5 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 6 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 7 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 8 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 9 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 10 of 141 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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 11 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 12 of 141 395(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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 13 of 141 (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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 14 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 15 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 16 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 17 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 18 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 19 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 20 of 141 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). Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 21 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 22 of 141 (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." Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 23 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 24 of 141 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 — Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 25 of 141 (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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 26 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 27 of 141 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); Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 28 of 141 (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). Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 29 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 30 of 141 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; Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 31 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 32 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 33 of 141 (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; Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 34 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 35 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 36 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 37 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 38 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 39 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 40 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 41 of 141 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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 42 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 43 of 141 (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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 44 of 141 (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 — Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 45 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 46 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 47 of 141 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; Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 48 of 141 (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 — Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 49 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 50 of 141 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, Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 51 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 52 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 53 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 54 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 55 of 141 (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; Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 56 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 57 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 58 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 59 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 60 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 61 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 62 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 63 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 64 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 65 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 66 of 141 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; Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 67 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 68 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 69 of 141 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, Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 70 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 71 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 72 of 141 (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— Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 73 of 141 (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 — Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 74 of 141 “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, Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 75 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 76 of 141 “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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 77 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 78 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 79 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 80 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 81 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 82 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 83 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 84 of 141 $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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 85 of 141 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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 86 of 141 (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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 87 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 88 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 89 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 90 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 91 of 141 (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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 92 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 93 of 141 (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— Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 94 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 96 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 97 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 98 of 141 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. __________ Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 99 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 100 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 101 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 102 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 103 of 141 552.216-72 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 104 of 141 552.223-71 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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 105 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 106 of 141 552.232-79 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 107 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 108 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 109 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 110 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 111 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 112 of 141 *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). Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 113 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 114 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 115 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 116 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 117 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 118 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 119 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 120 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 121 of 141 (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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 122 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 123 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 124 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 125 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 126 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 127 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 128 of 141 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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 129 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 130 of 141 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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 131 of 141 (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) Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 132 of 141 (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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 133 of 141 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. Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 134 of 141 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 Contract Clauses for Solicitation 7FCI-F8-030056-B Refresh Number 22 Contract Number: GS-07F-0502N Page: 135 of 141 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 Page: 137 of 141 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 Page: 139 of 141 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 Page: 141 of 141 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 Page - 1 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 2 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 3 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 4 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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. International Building Code 2006 – 2012 Significant Changes Matrix Page - 5 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 6 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 7 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 8 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 9 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 10 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 11 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 12 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 13 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 14 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 15 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 16 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 17 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 18 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 19 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 20 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 21 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 22 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 23 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 24 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 25 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 26 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 27 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 28 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 29 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 30 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 31 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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, International Building Code 2006 – 2012 Significant Changes Matrix Page - 32 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 33 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 34 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 35 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 36 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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. International Building Code 2006 – 2012 Significant Changes Matrix Page - 37 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 38 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments (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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 39 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 40 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 41 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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. International Building Code 2006 – 2012 Significant Changes Matrix Page - 42 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 43 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification Section /Topic Type 2006 2009 2012 Comments 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 44 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 45 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 46 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 47 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 48 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Building Code 2006 – 2012 Significant Changes Matrix Page - 49 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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. International Building Code 2006 – 2012 Significant Changes Matrix Page - 50 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 1 - SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification 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 International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 2 - SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification 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 Page - 3 - 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 International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 4 - SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification 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 International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 5 - 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. International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 6 - 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. International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 7 - 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 International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 8 - 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. International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 9 - 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 International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 10 - 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 International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 11 - 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 International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 12 - 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. International Fire Code (IFC) 2006 – 2012 Significant Changes Matrix Page - 13 - SAM 12-8-2011 A = Addition C = Clarification D=Deletion M=Modification 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. International Mechanical Code (IMC) 2006 – 2012 Significant Changes Matrix Page - 1 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Mechanical Code (IMC) 2006 – 2012 Significant Changes Matrix Page - 2 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Mechanical Code (IMC) 2006 – 2012 Significant Changes Matrix Page - 3 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Mechanical Code (IMC) 2006 – 2012 Significant Changes Matrix Page - 4 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Mechanical Code (IMC) 2006 – 2012 Significant Changes Matrix Page - 5 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Mechanical Code (IMC) 2006 – 2012 Significant Changes Matrix Page - 6 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Mechanical Code (IMC) 2006 – 2012 Significant Changes Matrix Page - 7 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 1 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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 International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 2 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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 International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 3 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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, International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 4 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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 International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 5 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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) International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 6 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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 International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 7 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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’ International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 8 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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 International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 9 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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 International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 10 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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 International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 11 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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 International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 12 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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 International Plumbing Code (IPC) 2006 – 2012 Significant Changes Matrix Page - 13 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-27-2012 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 International Fuel Gas Code (IFGC) 2006 – 2012 Significant Changes Matrix Page - 1 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Fuel Gas Code (IFGC) 2006 – 2012 Significant Changes Matrix Page - 2 - SAM 3-27-2012 A = Addition C = Clarification D=Deletion M=Modification 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 1 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 2 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 3 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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. International Residential Code 2006 – 2012 Significant Changes Matrix Page - 4 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 5 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 6 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 7 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 8 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 9 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 10 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 11 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 12 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 13 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 14 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 15 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 16 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 17 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 18 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 & 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 19 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 20 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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. International Residential Code 2006 – 2012 Significant Changes Matrix Page - 21 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 22 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 23 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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. International Residential Code 2006 – 2012 Significant Changes Matrix Page - 24 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 25 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 26 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 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 International Residential Code 2006 – 2012 Significant Changes Matrix Page - 27 - A = Addition C = Clarification D=Deletion M=Modification SAM 3-26-2012 AG 106 Entrapment Protection for Swimming Pool and Spa Suction Outlets M ANSI/APSP-7 is the referenced standard.