
|
151. FAR
52.222-3, CONVICT LABOR (APR 1984) (EB-MODIFIED)
The Seller agrees not to employ any person undergoing
sentence of imprisonment in performing this Purchase Order except as provided
by 18 U.S.C. 4082(c)(2) and Executive Order 11755, December 29, 1973.
152. FAR 52.222-4,
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME
COMPENSATION (MAR 1986)
(EB-MODIFIED) (MANDATORY)
Seller agrees that Buyer may withhold or recover
from Seller such sums as the Contracting Officer withholds or recovers
from Buyer because of liabilities of Seller or its subcontractor under
this clause.
(A) Overtime Requirements.
No Seller or lower-tier
subcontractor contracting for any part of the Purchase Order work which
may require or involve the employment of laborers or mechanics (see Federal
Acquisition Regulation (FAR) 22.300) shall require or permit any such
laborers or mechanics in any workweek in which the individual is employed
on such work to work in excess of 40 hours in such workweek unless such
laborer or mechanics receives compensation at a rate not less than 1-1/2
times the basic rate of pay for all hours worked in excess of 40 hours
in such workweek.
(B) Violation; Liability
for Unpaid Wages; Liquidated Damages.
In the event of any violation
of the provisions set forth in paragraph A. of this clause, the Seller
and any subcontractor responsible therefore shall be liable for the unpaid
wages. In addition, such Seller and subcontractor shall be liable
to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory),
for liquidated damages. Such liquidated damages shall be computed
with respect to each individual laborer or mechanic employed in violation
of provisions set forth in paragraph A. of this clause in the sum of $10
for each calendar day on which such individual was required or permitted
to work in excess of the standard workweek of 40 hours without payment
of the overtime wages required by provisions set forth in paragraph A.
of this clause.
(C) Withholding for
Unpaid Wages and Liquidated Damages.
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 any monies payable on account of work performed by the Seller or
subcontractor under any such Purchase Order or any other Federal contract
with the same Prime Contractor, or any other Federally-assisted contract
subject to the Contract Work Hours and Safety Standards Act which is held
by the same Prime Contractor, such
sums as may be determined to be necessary to satisfy any liabilities of
such Seller or subcontractor for unpaid wages and liquidated damages as
provided in the provisions set forth in paragraph B. of this clause.
(D) Payrolls and Basic
Records.
(1) The
Seller or subcontractor shall maintain payrolls and basic payroll records
during the course of contract work and shall preserve them for a period
of 3 years from the completion of the Purchase Order for all laborers
and mechanics working on the Purchase Order. Such records shall
contain the name and address of each such employee, social security number,
correct classifications, hourly rates of wages paid, daily and weekly
number of hours worked, deductions made, and actual wages paid. Nothing
in this paragraph shall require the duplication of records required to
be maintained for construction work by Department of Labor regulations
at 29 CFR 5.5(a)(3) implementing the Davis-Bacon Act.
(2) The
records to be maintained under paragraph D.(1) of this clause shall be
made available by the Seller or subcontractor for inspection, copying,
or transcription by Authorized Representatives of the Contracting officer
or the Department of Labor. The Seller or subcontractor shall permit
such representatives to interview employees during working hours on the
job.
(E) Subcontracts.
The Seller or subcontractor
shall insert in any subcontracts the provisions set forth in paragraph
A. through E. of this clause and also a clause requiring the subcontractors
to include these provision in any lower-tier subcontracts. The Seller
shall be responsible for compliance by any subcontractor or lower-tier
subcontractor with the provisions set forth in paragraph A. through E.
of this clause.
153. FAR 52.222-18,
NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT
OF UNION DUES OR FEES (MAY 1992) (MANDATORY)
(Applies if invoked in Buyer's Prime Contract.)
The term "Contractor" shall mean "Seller"
wherever it may appear.
(a) During the term of
this contract, the Contractor agrees to post a notice, of such size and
in such form as the Secretary of Labor may prescribe, in conspicuous places
in and about its plants and offices, including all places where notices
to employees are customarily posted. The notice shall include the
following information (except that the last sentence shall not be included
in notices posted in the plants or offices of carriers subject to the
Railway Labor Act, as amended (45 U.S.C. 151-188)).
Notice to Employees
Under Federal law, employees cannot be required
to join a union or maintain membership in a union in order to retain their
jobs. Under certain conditions, the law permits a union and an employer
to enter into a union-security agreement requiring employees to pay uniform
periodic dues and initiation fees. However, employees who are not
union members can object to the use of their payments for certain purposes
and can only be required to pay their share of union costs relating to
collective bargaining, contract administration, and grievance adjustment.
If you believe that you have been required to
pay dues or fees used in part to support activities not related to collective
bargaining, contract administration, or grievance adjustment, you may
be entitled to a refund and to an appropriate reduction in future payments.
For further information concerning your rights,
you may wish to contact either a Regional Office of the National Labor
Relations Board or: National Labor Relations Board, Division of
Information, 1717 Pennsylvania Avenue, NW, Washington, DC 20570.
(b) The Contractor will
comply with all provisions of Executive Order 12800 of April 13, 1992,
and related rules, regulations, and orders of the Secretary of Labor.
(c) In the event that the
Contractor does not comply with any of the requirements set forth in paragraphs
(a) or (b) of this clause, this contract may be cancelled, terminated,
or suspended in whole or in part, and the Contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized
in or adopted pursuant to Executive Order 12800 of April 13, 1992. Such
other sanctions or remedies may be imposed as are provided in Executive
Order 12800 of April 13, 1992, or by rule, regulation, or order of the
Secretary of Labor, or as are otherwise provided by law.
(d) The Contractor will
include the provisions of paragraphs (a) through (c) in every subcontract
or purchase order entered into in connection with this contract unless
exempted by rules, regulations, or orders of the Secretary of Labor issued
pursuant to section 3 of Executive Order 12800 of April 13, 1992, so that
such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any such subcontract
or purchase order as may be directed by the Secretary of Labor as a means
of enforcing such provisions, including the imposition of sanctions for
noncompliance; provided, however, that if the Contractor becomes
involved in litigation with a subcontractor or vendor, or is threatened
with such involvement, as a result of such direction, the Contractor may
request the United States to enter into such litigation to protect the
interests of the United States.
154. FAR 52.222-20,
WALSH-HEALEY PUBLIC CONTRACTS ACT
(APR 1984) (EB-MODIFIED)
If this Purchase Order is for the manufacture
or furnishing of materials, supplies, articles or equipment in an amount
that exceeds or may exceed $10,000 and is subject to the Walsh-Healey
Public Contracts Act as amended (41 U.S. Code 35-45), the following terms
and conditions apply:
A. All representations
and stipulations required by the Act and regulations issued by the Secretary
of Labor (41 CFR 50) are incorporated by reference. These representations
and stipulations are subject to all applicable rulings and interpretations
of the Secretary of Labor that are now, or may hereafter, be in effect.
B. All employees whose
work relates to this Purchase Order shall be paid not less than the minimum
wage prescribed by regulations issued by the Secretary of Labor (41 CFR
50-202.2). Learners, student learners, apprentices, and handicapped
workers may be employed at less than the prescribed minimum wage (see
41 CFR 50-202.3) to the same extent that such employment is permitted
under Section 14 of the Fair Labor Standards Act (U.S.C. 40).
155. FAR 52.222-26,
EQUAL OPPORTUNITY (APR 84)
(MANDATORY) (EB-MODIFIED)
A. If, during any 12-month
period (including the 12 months preceding the award of this Purchase Order),
the Seller has been or is awarded nonexempt Federal contracts and/or subcontracts
that have an aggregate value in excess of $10,000, Seller shall comply
with subparagraphs B.(1) through (11) below. Upon request, Seller
shall provide information necessary to determine the applicability of
this clause.
B. During performance of
the Purchase Order, Seller agrees as follows:
(1) Seller
shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin.
(2) Seller
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, (a) employment, (b) upgrading, (c) demotion, (d)
transfer, (e) recruitment or recruitment advertising, (f) layoff or termination,
(g) rates of pay or other forms of compensation, and (h) selection for
training, including apprenticeship.
(3) Seller
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
Seller shall, in all solicitations or advertisements for employees placed
by or on behalf of Seller, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion,
sex, or national origin.
(5) Seller
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 Seller's commitments under this
clause, and post copies of the notice in conspicuous places available
to employees and applicants for employment.
(6) Seller
shall comply with Executive Order 11246, as amended, and the rules, regulations,
and orders of the Secretary of Labor.
(7) Seller
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. Standard Form 100 (EEO-1), or any successor
form, is the prescribed form to be filed within 30 days following the
award, unless filed within 12 months preceding the date of award.
(8) Seller
shall permit access to its books, records, and accounts by the contracting
agency or the Office of Federal Contract Compliance Programs (OFCCP) for
the purposes of investigation to ascertain the Contractor's compliance
with the applicable rules, regulations, and orders.
(9) If
the OFCCP determines that the Seller is not in compliance with this clause
or any rule, regulation, or order of the Secretary of Labor, this Purchase
Order may be cancelled, terminated, or suspended in whole or in part and
the Seller 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 Seller as provided in Executive Order 11246, as amended, the rules,
regulations, and orders of the Secretary of Labor, or as otherwise provided
by law.
(10) Seller shall
include the terms and conditions of subparagraph B.(1) through (11) 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) Seller shall
take such action with respect to any subcontract or Purchase Order as
the contracting agency 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.
C. Notwithstanding any
other clause in this contract, disputes relative to this clause will be
governed by the procedures in 41 CFR 60-1.1.
156. FAR 52.222-35,
AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND
VIETNAM ERA VETERANS (APR 1984) (MANDATORY)
(Applies
if this Purchase Order is for $10,000 or more unless exempted.)
Incorporated
into this order by reference.
157. FAR 52.222-36,
AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS
(APR 1984) (MANDATORY)
(Applies
if this Purchase Order exceeds $2,500 unless exempted.)
Incorporated
into this order by reference.
158. FAR 52.222-37,
EMPLOYMENT REPORTS ON SPECIAL DISABLED
VETERANS AND VETERANS OF THE VIETNAM ERA
(JAN
1988) (MANDATORY)
(Applies
if this Purchase Order is for $10,000 or more unless exempted.)
Incorporated
into this order by reference.
159. FAR 52.223-2,
CLEAN AIR AND WATER (APR 1984) (MANDATORY)
(Applies
unless this Purchase Order is exempt under FAR 23.104.)
Incorporated
into this order by reference.
160. FAR 52.223-3,
HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL
SAFETY DATA (NOV 1991) (EB-MODIFIED)
(Applies
if this order requires the delivery of hazardous materials as defined
in FAR 23.301.)
Incorporated
by reference into this order except that "Government" shall
mean "Government or Buyer" in paragraph (f) and "Government"
shall retain its original meaning in paragraph (h).
161. FAR 52.223-7,
NOTICE OF RADIO-ACTIVE MATERIALS
(NOV
1991) (MANDATORY)
(This
article applies if this order is for radioactive materials meeting the
criteria of paragraph (a).)
(a) The
Seller shall notify the Buyer, in writing, 14 days
prior to the delivery of, or prior to completion of any servicing
required by this purchase order 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 Seller 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 purchase
order or prior purchase orders, the Seller may
request that the Buyer waive the notice requirement in paragraph
(a) of this clause. Any such request shall--
(1) Be
submitted in writing;
(2) Contain
a certification that the quantity of activity, characteristics, and composition
of the radioactive material have not changed; and
(3) Cite
the purchase order 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 Buyer 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.
162. RADIOACTIVE MATERIAL
PROHIBITED
Material furnished by Seller under this Purchase
Order shall be free of known radioactive material unless prior approval
is granted by Electric Boat Corporation.
163. EXCLUSION OF MERCURY
(ELECTRONICS) (NAVSEA) (SEP 1990)
(EB-MODIFIED) (MANDATORY)
(a) Supplies furnished
shall contain no free mercury (metallic form) or mercury compounds (e.g.
mercuric oxide and mercuric chloride) without written approval of the
Naval Sea Systems Command (NAVSEA).
NOTE: The
Seller shall perform a review to the extent necessary to obtain reasonable
assurance that mercury is not being used in the supplies (e.g. review
of drawing parts lists and material lists)
(b) Mercury bearing instruments
and equipment (i.e. those instruments and equipment containing free mercury)
shall not be used in the manufacture, fabrication, assembly, testing,
etc., of any supplies.
NOTE:
(1) The
most probable causes of mercury contamination are direct connected manometers,
mercury vacuum pumps, mercury seals, mercury-in-glass thermometers, or
handling free mercury in the immediate vicinity of supplies.
(2) The
Seller shall perform a review of his facilities to provide reasonable
assurance that supplies are not in danger of mercury contamination (e.g.
check of instruments and test equipment).
(3) In
case of doubt or question of manufacturing procedures, equipment, or instruments
regarding mercury, contact NAVSEA via Buyer for assistance.
(4) In
the event of any accident involving mercury contamination or suspicion
of such contamination of supplies, NAVSEA shall be notified immediately
via Buyer.
(c ) The Seller shall develop
the same assurance and confidence of compliance with the mercury exclusion
clause as it does with other specification requirements (e.g. toxic materials,
flammable materials, fragile materials, and radioactive materials).
NOTE: Certification of compliance or other
attesting documentation shall be available if required to be provided
to the Government.
(d) The Seller shall require
all subcontractors to comply with the mercury exclusion requirements.
164. EXCLUSION OF MERCURY (MACHINERY)
(NAVSEA) (SEP 1990)
(EB-MODIFIED) (MANDATORY)
(a) The supplies furnished
under this Purchase Order shall contain no metallic mercury or mercury
compounds and shall be free from mercury contamination (i.e. during the
manufacturing process, tests, or inspections, the supplies offered shall
not have come in direct contact with mercury or any of its compounds nor
with any mercury containing devices employing only a single boundary of
containment. (A single boundary of containment is one which is not
backed by a second seal or barrier to prevent contamination in event of
rupture of the primary seal or barrier.)) Mercury contamination
of the supplies will be cause for rejection of the material.
(b) If there is reasonable
cause to suspect the supplies of being contaminated by mercury, the following
test may be used to determine whether contamination by metallic mercury
exists: Enclose the equipment in a polyethylene bag or close-fitting air-tight
container and place in an oven at 125 deg. F+ 5 deg. F for
one hour. Sample the trapped air and if mercury vapor concentration
is 0.01 mg/cu meter or more, the material is mercury contaminated insofar
as the requirements of this contract are concerned. Mercury vapor
concentration can be determined with a mercury vapor detector such as
a portable General Electric Vapor Detector (catalog number 8257557G-3),
Beckman Instrument Model K-23, or other instruments that have equivalent
range and capabilities. It should be noted that certain vapors such
as benzene interfere with this type of mercury vapor detector and
that the detector should never be zero adjusted in any suspect atmosphere.
(c) If the inclusion of
metallic mercury or mercury compounds is required as a functional part
of the material furnished under this contract, the Seller shall obtain
written approval from the Naval Sea Systems Command (NAVSEA) via Buyer
before proceeding with manufacture. The Seller's request shall explain
in detail the requirements for mercury; identify specifically the parts
to contain mercury; and explain the method of protection against mercury
escape. Such a request will be forwarded via Buyer to the Government
Inspector or Government Representative with a copy to NAVSEA. Upon
approval by NAVSEA, the Seller will provide a "Warning Plate"
as prescribed by NAVSEA which will include a statement that mercury is
a functional part of the item and will include name and location of that
part.
(d) If and to the extent
that this Purchase Order calls for work to be performed by the Seller
or its subcontractor on a submarine or in the nuclear plant of a surface
ship, the Seller or its subcontractors, in connection with such work,
shall not bring into or utilize in the submarine or nuclear plant of surface
ship any equipment, instrument or other device containing metallic mercury
or mercury compounds, unless such equipment, instrument or device has
been approved by NAVSEA or its authorized representative for use in submarine
and/or nuclear plants of surface ships.
(e) The Seller is required
to certify:
(1) The
supplies furnished under this Purchase Order contain no metallic mercury
or mercury compounds; and
(2) The
Seller has taken reasonable steps to ensure that the supplies furnished
under this contract are not contaminated with metallic mercury or mercury
compounds.
(f) These requirements
shall be included in all subcontracts hereunder.
165. CARCINOGENS PROHIBITED
- CONDITIONAL ACCEPTANCE OF CERTAIN MATERIALS
The
Seller of any hazardous material shall provide all relevant information
pursuant to Occupational Safety and Health Act (OSHA) regulations 29 CFR
1910.1200 including a completed Material Safety Data Sheet (OSHA Form
20) and the mandated labeling information.
Materials which contain arsenic, asbestos, benzene,
carbon tetrachloride, 4,4' methylene bis (2-chloroaniline)(MBOCA), 2-nitropropane,
perchloroethy-lene or an known human carcinogen as specified by OSHA 29
CFR 1910.1003-1910.1045 are prohibited unless prior written approval is
granted by Electric Boat Corporation's Industrial Hygiene Department;
or unless the Purchase Order by its terms specifies the delivery of materials
listed as carcinogens.
166. FAR 52.223-11,
OZONE-DEPLETING SUBSTANCES (MAY 1995)
(Applies if this Purchase Order is for
supplies containing or manufactured with Class I or Class
II
Ozone-Depleting Substances or containers of Class I or Class I Ozone-Depleting
Substances.)
(a) Definitions. "Class
I substance," as used in this clause, means any substance designated
as class I by the Environmental Protection Agency (EPA) (40 CFR Part 82),
including but not limited to chlorofluorocarbons, halons, carbon tetrachloride,
and methylchloroform.
"Class II substance," as used in this
clause, means any substance designated as class II by EPA (40 CFR Part
82), including but not limited to hydrochlorofluorocarbons.
(b) As required by 42 U.S.C.
7671j(b), (c), and (d) and 40 CFR Part 82, Subpart E, the Contractor shall
label products which contain a class I or class II ozone-depleting substance
or are manufactured with a process that uses class I or class II ozone-depleting
substances, or containers of class I or class I ozone-depleting substances,
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).
167. FAR 52.223-12,
REFRIGERATION EQUIPMENT AND AIR CONDITIONERS
(MAY 1995) (EB-MODIFIED)
(Applies if this Purchase Order is for services
that include the maintenance, repair, or disposal of any equipment or
appliance using class I or class II ozone-depleting substances as a refrigerant,
such as air conditioners, including motor vehicle, refrigerators, chillers,
or freezers.)
The Seller shall comply with the applicable requirements
of Sections 608 and 609 of the Clean Air Act (42 U.S.C. 7671g and 7671h)
as each or both apply to this Purchase Order.
168. DFARS 252.223-7002,
SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES
(MAY 1994) (MANDATORY)
(Applies
unless this Purchase Order does not involve ammunition or explosives.)
Incorporated by reference into this order.
|