151.    RESERVED

152.    FAR 52.222-4, CONTRACT WORK HOURS AND SAFETY     STANDARDS ACT - OVERTIME COMPENSATION 
    (JUL 1995)  (MODIFIED)
    If this order is in excess of $100,000, this clause is incorporated by reference into this order except that paragraph (e) is revised to read as follows:
    (e)    Subcontracts.  The Seller shall insert in any subcontracts exceeding $100,000 the provisions set forth in paragraphs (a) through (e) of this clause and also a clause requiring lower-tier subcontractors to include these provisions 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 paragraphs (a) through (e) of this clause.

153.    RESERVED

154.    FAR 52.222-20, WALSH-HEALEY PUBLIC CONTRACTS ACT 
    (DEC 1996) (Modified to change  "Contract" to "Purchase Order")
    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 stipulations required by the Act and regulations issued by the Secretary of Labor (41 CFR 50) are incorporated by reference.  These 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 (41 U.S.C. 40).

155.    FAR 52.222-26, EQUAL OPPORTUNITY (APR 84) (MODIFIED)
    (This clause applies, as modified below to reflect the relationship of parties, unless all of the terms of the clause are exempt from the requirements of EO 11246 (See FAR 22.807(a)).)
    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 canceled, 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 Seller becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Seller 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)
    (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)
    (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)
    (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)
    (Applies if:
    (1)  This order is expected to exceed $100,000.
    (2)  Orders under an indefinite quantity purchase order in any year are expected to exceed $100,000, or,
    (3)   A facility to be used has been the subject of a conviction under the applicable portion of the Air Act (42 U.S.C. 7413(c)(1)) or the Water Act (33 U.S.C. 1319(c)) and is listed by the Environmental Protection Agency as a violating facility; and,
    (4)    This acquisition is not otherwise exempt under FAR 23.104.)
    Incorporated into this order by reference.
160.    FAR 52.223-3, HAZARDOUS MATERIAL IDENTIFICATION AND     MATERIAL SAFETY DATA (JAN 1997) (MODIFIED)
    (Applies if this order requires the delivery of hazardous materials as defined in FAR 23.301.)
    (Refer also to clause 165.)
    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 (JAN 1997)
    (This article applies if this order is for radioactive materials meeting the criteria of paragraph (a) of the clause.)
    Incorporated into this order by reference.

162.    RADIOACTIVE MATERIAL PROHIBITED
    Material furnished by Seller under this Purchase Order shall be free of known radioactive material unless prior written approval is granted by Buyer.

163.    EXCLUSION OF MERCURY
    Mercury or mercury containing compounds shall not be intentionally added or come in direct contact with hardware or supplies furnished under this purchase order.

164.    RESERVED

165.    TOXIC AND HAZARDOUS SUBSTANCES PROHIBITED -     CONDITIONAL ACCEPTANCE OF CERTAIN MATERIALS     (a)    The Seller of any material or items containing toxic or hazardous substances 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.
    (b)    Materials which contain any of the toxic or hazardous substances as specified by OSHA 29 CFR 1910.1001-1910.1052 are prohibited unless prior written approval is granted by either the Industrial Hygiene Department for Electric Boat Corporation via the Buyer's representative names on this order;  or by the cognizant Buyer for Newport News Shipbuilding; or unless the Purchase Order by its terms specifies the delivery of materials listed as toxic or hazardous substances.

166.    FAR 52.223-11, OZONE-DEPLETING SUBSTANCES (JUNE 1996)
    (Except for orders to be performed outside the U.S., it's possessions, and Puerto Rico, this clause applies if this RFQ/PO is for ozone-depleting substances or for supplies that may contain or be manufactured with ozone-depleting substances.)
    Incorporated into this order by reference.
 

166.A.    OZONE-DEPLETING SUBSTANCES     (ODS)
    (a)    Although some of the primary and sub-tier references require the use of ODS, the contractor is not required to use ODS to fulfill contract requirements.  For the sub-tier references that require the use of ODS, an alternate reference may not exist at this time; however, the use of ODS is not required.
    (b)    If an ODS is used, the labeling requirements of clause 166 above apply.

167.    FAR 52.223-12, REFRIGERATION EQUIPMENT AND AIR     CONDITIONERS (MAY 1995)
    (Applies if this Purchase Order is for services that include the maintenance, repair, or disposal of any equipment or appliance using ozone-depleting substances as a refrigerant, such as air conditioners, including motor vehicles, refrigerators, chillers, or freezers.)     The Contractor 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 contract.

168.    RESERVED

169.    FAR 52.223-6, DRUG-FREE WORKPLACE (JAN 1997)
    Incorporated into this order by reference.

170.    DFARS 252.223-7004, DRUG-FREE WORKFORCE (SEP 1988)
    Incorporated into this order by reference.