EB-GT, Revision OCT 1996 - page five
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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.





 

   
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