7:140 CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-104.96 Privacy Act. In accordance with 1-327, the following clause shall be included in every solicitation and resulting contract, and in every contract awarded without a solicitation, when the statement of work requires the design, development, or operation of a system of records on individuals for an agency function. PRIVACY ACT (1975 NOV) (a) The Contractor agrees: (1) to comply with the Privacy Act of 1974 and the rules and regulations issued pursuant to the Act in the design, development, and/or operation of any system of records on individuals in order to accomplish an agency function, when the contract specifically identifies (i) the system or systems of records and (ii) the work to be performed by the Contractor in terms of any one or combination of the following: (A) design, (B) development, or (C) operation; (2) to include the solicitation notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the statement of work in the proposed subcontract requires the design, development, or operation of a system of records on individuals to accomplish an agency function. (3) to include this clause, including this paragraph (3), in all subcontracts awarded pursuant to this contract which require the design development, or operation of such a system of records. (b) In the event of violations of the Act, a civil action may be brought against the agency involved 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 and any employee of the contractor is considered to be an employee of the agency. (c) The terms used in this clause have the following meanings: (1) "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records including the collection, use, and dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. (3) "System of records" on individuals 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. (End of clause) 7-104.97 Exclusionary Policies and Practices of Foreign Governments. In accordance with 6-1312, insert the following clause. EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS (1977 JAN) No person, partnership, corporation, or other entity performing functions pursuant to this contract, shall, in employing or assigning personnel to participate in the performance of any such function, whether in the United States or abroad, take into account the exclusionary policies or practices of any foreign government where such policies or practices are based on race, religion, national origin, or sex. (End of clause) 7-104.98 Hazardous Material Identification and Material Safety Data. In accordance with 1-323.2, insert the following clause in all contracts requiring the delivery of hazardous materials, or under which the performance of work, use, 7-104.98 ARMED SERVICES PROCUREMENT REGULATION 7:140-A CONTRACT CLAUSES AND SOLICITATION PROVISIONS handling, manufacture, packaging, transportation, storage, inspection or disposal of, or any other use which will involve exposure to such hazardous material as defined in Federal Standard No. 313A (“Material Safety Data Sheet, Preparation and Submission of"). For safety precautions for ammunition and explosives, see 1-323.1. HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (1977 OCT) (a) As used in this clause, hazardous material shall be as defined in Federal Standard No. 313A ("Material Safety Data Sheet, Preparation and Submission of"), in effect on the date of this contract. (b) The Contractor shall prepare and submit Material Safety Data Sheet (Form OSHA-20 (DoD)) in accordance with Federal Standard No. 313A for all hazardous material, whether or not listed in Appendix A of the Standard, delivered pursuant to this contract or for which performance of work, use, handling, manufacture, packaging, transportation, storage, inspection or disposal of, or any other use after delivery to the Government designated destination will involve exposure to hazardous materials or items containing such materials. Material Safety Data Sheets shall be submitted five (5) days prior to delivery of the material. (c) The requirements of this clause, or any act or failure to act by the Government in surveillance or enforcement of this clause, shall not affect or relieve the Contractor of any responsibility or liability for the safety of Government or Contractor personnel or property, or of any subcontractor or vendor personnel. (d) 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 in the performance of this contract. (e) Government's rights in data furnished under this contract with respect to hazardous material: (i) The Government shall have the right to use, duplicate and disclose any data to which this clause is applicable for the purposes of apprising personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials and for medical treatment of those affected by such material, and to have others use, duplicate, and disclose such data for the Government for such purposes. (ii) Such data shall not be duplicated, or disclosed, or released outside the Government, in whole or in part for any procurement or manufacturing purpose, if the following legend is marked on each piece of data to which this clause is applicable: "This is furnished under United States Government Contract No. ment or manufacturing purpose without the permission of (iii) The Contractor shall not place the legend set forth above or any other restrictive legend on any data which the Contractor or any subcontractor previously delivered to the Government without limitations or which should be delivered without limitations under the conditions prescribed by the "Rights in Technical Data and Computer Software" clause of ASPR 7-104.9(a). (iv) Notwithstanding any other provision of this contract providing for rights in data, the rights of the Government to use, duplicate, and disclose data furnished pursuant to the requirements of this clause shall be as provided by this clause. The Government is not precluded from using similar or identical data acquired from other sources. (f) The Contractor shall insert this clause, including this paragraph (f), with appropriate changes in the designation of the parties, in any subcontract of any tier (including purchase designations or purchase orders) hereunder which involves hazardous material. (End of clause) 7-104.98 ARMED SERVICES PROCUREMENT REGULATION 7:140-B CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7-104.99 Notice of Intent to Disallow or Not Recognize Costs. Insert the clause in 7-203.35 in all fixed-price incentive contracts and contracts providing for price redetermination. 7-105 Additional Clauses. The following clauses shall be inserted in fixedprice supply contracts in accordance with Departmental procedures when it is desired to cover the subject matter thereof in such contracts. 7-105.1 Alterations in Contract. (a) ALTERATIONS IN CONTRACT (1949 JUL) The following alterations have been made in the provisions of this contract. 7-105.1 ARMED SERVICES PROCUREMENT REGULATION (b) CONTRACT CLAUSES AND SOLICITATION PROVISIONS 7:141 ALTERATIONS IN STANDARD FORM 32 (1976 OCT) Standard Form 32, General Provisions (Supply Contract) is hereby altered by substituting the following ASPR clauses in effect on the date of this solicitation: a. Title and Risk of Loss (7-103.6) for Clause 6; b. Notice and Assistance Regarding Patent and Copyright Infringement (7-103.23) for Clause 13; c. Buy American Act (7-104.3) for Clause 14; d. Convict Labor (7-104.17) for Clause 15; and e. Contract Work Hours and Safety Standards Act Overtime Compensation (a) Use of Clause. The clause set forth in (c) below is authorized for use in any negotiated fixed-price type contract under which work stoppage may be required for reasons such as advancements in the state of the art, production or engineering breakthroughs, or realignment of programs. (b) Use of Orders. (1) Inasmuch as stop work orders may result in increased costs to the Government by reason of standby costs, such orders will be issued only with prior approval at a level above the contracting officer. Generally, use of a stop work order will be limited to those situations where it is advisable to suspend work pending such a decision by the Government and a supplemental agreement providing for such suspension is not feasible. A stop work order will not be used in lieu of the issuance of a termination notice after a decision to terminate has been made. (2) Stop work orders should include (i) a clear description of the work to be suspended, (ii) instructions as to the issuance of further orders by the contractor for material or services, (iii) guidance as to action to be taken on subcontracts and (iv) other suggestions to the contractor for minimizing costs. Promptly after issuance, stop work orders should be discussed with the contractor and should be modified, if necessary, in the light of such discussions. (3) As soon as feasible after a stop work order is issued, (i) the contract will be terminated; or (ii) the stop work order will either be canceled or-if necessary and if the contractor agrees-be extended beyond the period specified in the order. In any event, this must be done before the specified stop work period expires. When an extension of the stop work order is necessary, it shall be evidenced by a supplemental agreement. Any cancellation of a stop work order shall be subject to the same approvals as were required for the issuance of the order. 7-105.3 ARMED SERVICES PROCUREMENT REGULATION CONTRACT CLAUSES AND SOLICITATION PROVISIONS (c) Clause. STOP WORK ORDER (1971 APR) (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 ninety (90)* days after the order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a Stop Work Order issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith 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 ninety (90)* days after a stop work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either: (i) cancel the stop work order, or (ii) terminate the work covered by such order as provided in the "Default" or the "Termination for Convenience" 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. An equitable adjustment shall be made in the delivery schedule or contract price, or both, and the contract shall be modified in writing accordingly, if: (i) 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 (ii) the Contractor asserts a claim for such adjustment within thirty (30) days after the end of the period of work stoppage; provided that, if the Contracting Officer decides the facts justify such action, he may receive and act upon any such claim asserted at any time prior to final payment under this contract. (c) If a stop work order is not canceled and the work covered by such order is terminated for the convenience of the Government, the reasonable costs resulting from the stop work order shall be allowed in arriving at the termination settlement. (d) If a stop work order is not canceled and the work covered by such order is terminated for default, the reasonable costs resulting from the stop work order shall be allowed by equitable adjustment or otherwise. (End of clause) *The clause may provide for less than ninety (90) days. 7-105.4 Report of Shipment (REPSHIP). In accordance with 19-407, insert the following clause. REPORT OF SHIPMENT (REPSHIP) (1968 JUN) Unless otherwise directed by the Contracting Officer, the Contractor shall send a prepaid notice of shipment to the consignee transportation officer when a truckload/carload shipment of supplies weighing 20,000 pounds or more, or a shipment of less weight which 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 (i.e., within the United States excluding Alaska or Hawaii, or if shipment originates in Alaska or Hawaii within Alaska or Hawaii, respectively) destination (other than a port for export). The notice will be transmitted by rapid means (electrical if necessary) to be received by the consignee transportation officer at least 24 hours prior to the arrival of the shipment. When the length of time in transit will permit other than electrical means of transmission to provide the information 24 hours prior to arrival of shipment, the Government bill of lading, commercial bill of lading, letter, or other document which contains all of the following should be addressed and sent promptly to the receiving transportation officer via United States mail. Such document will be prominently identified by the Contractor as being a "Report of Shipment" or "REPSHIP FOR T.O.". 7-105.4 ARMED SERVICES PROCUREMENT REGULATION |