{"id":42594,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/naval-sea-systems-command-minneapolis-mn-facilities-use.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"naval-sea-systems-command-minneapolis-mn-facilities-use","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/naval-sea-systems-command-minneapolis-mn-facilities-use.html","title":{"rendered":"Naval Sea Systems Command (Minneapolis, MN) Facilities-Use Contract &#8211; US Department of the Navy and FMC Corp."},"content":{"rendered":"<pre>\n--------------------------------------------------------------------------------------------------------------------------\nAWARD\/CONTRACT                               1. THIS CONTRACT IS A RATED ORDER          RATING              PAGE OF PAGES\n                                                UNDER DPAS (15 CFR 350)             \n--------------------------------------------------------------------------------------------------------------------------\n 2. CC (PROC. INST.I) NO.                    3. EFFECTIVE DATE                      4. REQUISITION PURCHASE REQUEST\/\n    N00024-93-E-8521                            BLOCK 20C                              PROJECT NO. N00024-92-NR-63132\/\n                                                                                       2-654c-63132\n--------------------------------------------------------------------------------------------------------------------------\n 5. ISSUED BY                                   N00024                              6. ADMINISTERED BY (If other than Item)\n    NAVAL SEA SYSTEMS COMMAND                                                          CODE  N68679\n    DEPARTMENT OF THE NAVY                                                             CRITICALITY DESIGNATOR:\n    WASHINGTON, D.C.  20362-5101                                                       DPRO MINNEAPOLIS\n    BUYER\/SYMBOL:  CARLA J. BROWN                                                      4800 EAST RIVER ROAD\n    PHONE:  Area Code 703\/602-1264                                                     MINNEAPOLIS, MN  55432-1401\n                                                                                       PRE-AWARD SURVEY:         NONE\n--------------------------------------------------------------------------------------------------------------------------\n7. NAME AND ADDRESS OF CONTRACTOR                                                   8. DELIVER \n   (NO., STREET, CITY, COUNTY, STATE AND ZIP CODE)                                      N\/A\n    DUNS NO:                                                                           ( )FOB ORIGIN ()OTHER (SEE BELOW)\n             FMC CORPORATION                                                        --------------------------------------\n             NAVAL SYSTEMS DIVISION                                                 9. DISCOUNT FOR PROMPT PAYMENT\n             4800 EAST RIVER ROAD                                                               N\/A\n             BOX 59043                                                              --------------------------------------\n             MINNEAPOLIS, MN  55459-0043                                           10. SUBMIT INVOICES           ITEM 12\n   TIN NO:                                                                             (4 COPIES UNLESS \n-------------------------------------------------------------------------------         OTHERWISE SPECIFIED)\n   CAGE CODE  44114                         FACILITY CODE                           TO ADDRESS SHOWN IN             N\/A\n--------------------------------------------------------------------------------------------------------------------------\n11. SHIP TO\/MARK FOR                 CODE                                          12. PAYMENT WILL BE MADE BY  CODE\n                \n\n               (SEE SECTION F OF SCHEDULE)                                               N\/A\n--------------------------------------------------------------------------------------------------------------------------\n13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN                                    14. ACCOUNTING AND APPROPRIATION DATA\nCOMPETITION  N\/A \n(  ) 10 u.s.c. 2304(c)( )  (  ) 41 U.S.C. 253(C)(      )                                 N\/A\n--------------------------------------------------------------------------------------------------------------------------\n15A ITEM NO.    15B SUPPLIES\/SERVICES                                               15C QTY 15 D UNIT 15 E UNIT PRICE \n                                                                                    15 F AMOUNT\n                SEE PAGE 2\n\n--------------------------------------------------------------------------------------------------------------------------\n15G. TOTAL AMOUNT OF CONTRACT                                                        $         0\n--------------------------------------------------------------------------------------------------------------------------\n                                                     16. TABLE OF CONTENTS\n--------------------------------------------------------------------------------------------------------------------------\nX'd  SEC.  DESCRIPTION                             PAGE(S)     X'd    SEC.            DESCRIPTION                   PAGE(S)\n-------------------------------------------------------------------------------------------------------------------------- \n               PART I - THE SCHEDULE                                           PART II - CONTRACT CLAUSES\n--------------------------------------------------------------------------------------------------------------------------\nX    A     SOLICITATION\/CONTRACT FORM                1         X       I         CONTRACT CLAUSES                     16\n-------------------------------------------------------------------------------------------------------------------------\nX    B     SUPPLIES OR SERVICES AND PRICES\/COSTS     2                         PART III - LIST OF DOCUMENTS, EXHIBITS AND\n                                                                                    OTHER ATTACH.\n-------------------------------------------------------------------------------------------------------------------------\nX    C     DESCRIPTION\/SPECS\/WORK STATEMENT          2         X       J            LIST OF ATTACHMENTS               23\n--------------------------------------------------------------------------------------------------------------------------\nX    D     PACKAGING AND MARKING                    14                         PART IV- REPRESENTATIONS AND INSTRUCTIONS\n--------------------------------------------------------------------------------------------------------------------------\nX    E     INSPECTION AND ACCEPTANCE                14                             REPRESENTATIONS, CERTIFICATIONS\n------------------------------------------------------------\nX    F     DELIVERIES OR PERFORMANCE                14         X       K           AND OTHER STATEMENTS OF OFFERORS   24\n--------------------------------------------------------------------------------------------------------------------------\nX    G     CONTRACT ADMINISTRATION DATA             14                 L           INSTS., CONDS., AND NOTICES TO OFFERORS\n--------------------------------------------------------------------------------------------------------------------------\nX    H     SPECIAL CONTRACT REQUIREMENTS            14                 M           EVALUATION FACTORS FOR AWARD\n-------------------------------------------------------------------------------------------------------------------------- \n                                CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE\n--------------------------------------------------------------------------------------------------------------------------\n\n\n17. (X)  CONTRACTORS NEGOTIATED AGREEMENT                18. (   ) AWARD (CONTRACTOR IS NOT REQUIRED TO            \n(Contractor is required to sign this document            SIGN THIS DOCUMENT.)  Your offer n solicitation Number    \nand return ____2____ copies to issuing office.)          including the additions or changes made by you which      \nContractor agrees to furnish and deliver                 additions or changes are set forth in full above, is      \nall items or perform all the services set forth          hereby accepted as to the items listed above and on any   \nor otherwise identified above and on any                 continuation sheets.  This award consummates the          \ncontinuation sheets for the consideration stated         contract which consists of the following documents:       \nherein.  The rights and obligations of the parties       (a) the Government solicitation and your offer, and       \nto this contract shall be subject to and governed        (b) this award\/contract.  No further contractual          \nby the following documents:(a) this award\/contract,      document is necessary.                                   \n(b) the solicitation, if any, and (c) such \nprovisions, representations, certifications and \nspecifications are as are attached or incorporated\nby reference herein. (ATTACHMENTS ARE LISTED\nHEREIN.)\n\n--------------------------------------------------------------------------------------------------------------------------\n19A. NAME AND TITLE OF SIGNER (Type or print)                  20A. NAME OF CONTRACTING OFFICER:\n                                &amp; Estimating                                     JEFF S. BRANDT\nJayne A. Schmitt, Director of Contracts                                         CONTRACTING OFFICER\n--------------------------------------------------------------------------------------------------------------------------\n19B. NAME OF CONTRACTOR                   19C DATE SIGNED      20B. UNITED STATES OF AMERICA             20C. DATE SIGNED\n\nBY:  \/s\/ Jayne A. Schmitt                     11\/16\/92         BY:  \/s\/ Jeff S. Brandt                        NOV 16 1992\n    -------------------------------------                           ---------------------------------------\n  (SIGNATURE OF PERSON AUTHORIZED TO SIGN)                          (SIGNATURE OF PERSON AUTHORIZED TO SIGN)\n--------------------------------------------------------------------------------------------------------------------------\nNSN 7540-01-152-8069                                   25-106                                STANDARD FORM 26 (REV. 4-85)\nPREVIOUS EDITION UNUSABLE                                                                    Prescribed by GSA\n                              *U.S. GOVERNMENT PRINTING OFFICE:  1983 0-380-498(91)          FAR (48 CFR) 53.214(a)\n--------------------------------------------------------------------------------------------------------------------------\n\n\n\n\n\n\n                                       CONTRACT\n\n                                                                N00024-93-E-8521\n\n                                       CONTRACT\n\n                            [Insert Award\/Contract Page]\n                                          \n                                PART l--THE SCHEDULE\n                                          \nSECTION B--SUPPLIES OR SERVICES AND PRICES\/COSTS\n\nNot Applicable.\n\n\nSECTION C--DESCRIPTION\/SPECIFICATIONS\/WORK STATEMENT\n\nPART 1 - CONTRACT DESCRIPTION\n\nA.   PROPERTY PROVIDED UNDER THIS CONTRACT\n\n(i)  This facilities-use contract is entered into to provide Government-owned\nproperty to the contractor for performance of current and anticipated U.S.\nGovernment contracts and subcontracts.\n\n(ii) The Government-owned property, identified in Attachment A to the contract,\nis considered to be 'facilities' as defined in paragraph (a) of the 'Government\nProperty (Facilities Use)' clause of the contract and is subject to the\nprovisions of this contract.  As of the effective date of this contract or\nthereafter, the facilities are under the cognizance of the Naval Sea Systems\nCommand and are provided to the Contractor for use at its plant in Minneapolis,\nMN, provided the facilities identified in Attachment A are not Government\nfurnished property otherwise accountable to another Government contract.  Real\nestate summary map 796295 certified by NAVFAC Northern Division 15 July 1992 is\nhereby incorporated into this contract by reference and made a part hereof.\n\nB.   USE OF PROPERTY\n\n(i)   Concurrence for use of the facilities (FAR 45.401) is hereby given on a\nnon-interference basis by the Contracting Officer of this facilities use\ncontract to the Contractor for the performance of work under a U.S. Navy\n(including U.S. Marines) prime contract or contract modification, or for the\nperformance of subcontract work under a U.S. Navy (including U.S. Marines) prime\ncontract.\n\n(ii)  The determination as to whether the Contractor's use of the facility in\naccordance with paragraph (i) above is to be rent-free or rent-due is a\ndetermination to be made by the Contracting Officer cognizant of the procurement\n(FAR 45.4\/DFARS 245.4).\n\n(iii) In accordance with FAR 45.401, prior concurrence of the Contracting\nOfficer cognizant of this contract is required for the use of Government\nproduction and research property accountable to this contract for all work not\ncovered in paragraph (i) above, whether Government or non-Government.\n\n\n                                                                N00024-93-E-8521\n\n(iv)  In accordance with FAR 45.402, any Contracting Officer desiring to use\nGovernment production and research property accountable to this contract for\nwork not covered in paragraph (i) above shall obtain the written concurrence of\nthe Contracting Officer cognizant of this contract prior to authorizing its use\non either a rental or rent free basis.  All requests shall be forwarded through\nthe cognizant ACO.  All requests for use under another government prime contract\nshall include the following information, as a minimum:  (1) request for\nproposal\/quote or contract number, (2) description of effort, (3) period of\nperformance, and (4) government agency awarding prime contract, with point of\ncontact and telephone number.  Requests for use under a subcontract shall\ncontain the above information along with the prime contractor's name and the\nproposal number.\n\n(v)   In accordance with DFARS 245.405, the contractor may use the Government\nproduction and research property accountable to this contract on work for\nforeign governments and international organizations only upon written approval\nof the Contracting Officer cognizant of this contract.  The contractor shall\ninsure that the conditions set forth in DFARS 245.405(1) are satisfied prior to\nsubmitting such a request.\n\n(vi)   As a general rule, use of Government production and research property for\nGovernment use is on a rent-free basis and non-Government use is on a rental\nbasis.  Any Contracting Officer authorizing the use of Government production and\nresearch property accountable to this contract on contracts under their\ncognizance will determine if such use is to be on a rent-free or rental basis.\n\n(vii)  In accordance with DFARS 245.405(3), rental charges are waived for use\nof Government production and research property accountable to this contract for\ncommercial contracts with the Government of Canada.\n\n(viii) It is agreed that this contract does not rescind nor alter any\nrent-free authorization in contracts that were executed prior to the effective\ndate of this contract.\n\n(ix)   The Contractor will submit a baseline report of all work, whether\nGovernment or non-Government, being performed as of the effective date of this\ncontract.  This report will separate work being performed by major customer,\ne.g., Navy, Air Force, commercial, direct foreign sale.  This report will\ninclude, as applicable, the prime contract number, the customer, a short\ndescription of the work being performed, and start and completion dates of the\neffort.  This initial baseline report is due to SEA 0281L via the ACO within\nforty-five (45) days of the effective date of this contract and every six (6)\nmonths thereafter at the same time as the submission of the rental computation\nrequired in paragraph D.IV.(a)(l)(a).\n\nC.   PROPERTY REPORTING\n\n(i)   The Contractor shall submit reports of all property accountable under this\ncontract to the Commander, Naval Sea Systems Command, ATTN:  SEA 654C, via the\nAdministrative Contracting Officer, with copy to the Contracting Officer (SEA\n0281L).  The reports shall provide the information described in DD Form 1662\n(DOD Property in the Custody of\n\n                                          3\n\n                                                                N00024-93-E-8521\n\nContractors) pursuant to FAR 45.505-14 and DFARS 245.505-14 and be the result of\na 100% physical inventory, unless waived by the Contracting Officer of this\ncontract.\n\n(ii)  The first report must be provided within ninety (90) days after the\nexecution of the contract and subsequent reports must be provided on 01 November\nannually in each subsequent year this contract is in force.\n\n(iii) The contractor shall provide the Basic Information set forth in FAR\n45.505-1 upon the request of the Contracting Officer.\n\nD.   IMPLEMENTATION OF FAR 52.245-9 'USE AND CHARGES'\n\nI.   RENTAL RATES\n\nThe following rental rates are applicable in accordance with the 'Use and\nCharges' clause of this contract and Table I thereof:\n\n(i)  For real property and associated fixtures, it is agreed that an amount of\n$2,935,925 per annum is established as a fair and reasonable rental amount for\nthe first year of this contract based on sound commercial practice as required\nby the 'Use and Charges' clause.  The annual rental amount of $2,935,925 shall\nbe adjusted annually for inflation\/ deflation.  The adjustment index shall be\nthe unadjusted consumer price index for all urban consumers (CPI-U) published by\nthe U.S. Department of Labor, Bureau of Labor Statistics.  The adjustment shall\nbe the percentage change in the CPI-U in effect on each anniversary month of the\ncontract from the CPI-U in effect on the preceding anniversary month.  The\nformula for calculating a new base rent is as follows:\n\nNew Base Rent =\n\nPrior Year Base Rent + Prior Year Base Rent x (Current CPI-U - Prior Year CPI-U)\n                       -------------------------------------------------------\n                                  Prior Year CPI-U\n                                          \n     (ii)  For certain plant equipment, set forth in paragraph (ii) of Table I \n     to the 'Use and Charges' clause, the following monthly rates apply:\n\n      Age of Equipment                             Monthly Rental Rate\n      ----------------                             -------------------\n\n      Under 2 years old                            3.00 percent\n      Over 2 to 3 years old                        2.00 percent\n      Over 3 to 6 years old                        1.50 percent\n      Over 6 to 10 years old                       1.00 percent\n      Over 10 years old                            0.75 percent \n\n\n\n\nThe age of each item of equipment is determined pursuant to paragraph (ii) of\nTable I to the 'Use and Charges' clause.\n\n                                          4\n\n                                                                N00024-93-E-8521\n\n\n     (iii) For personal property and equipment not covered in paragraphs (i)\n     and (ii) of Table I in the 'Use and Charges' clause, a rental rate will be\n     established at not less than the prevailing commercial rate, if any, or in\n     the absence of such rate, in accordance with the following:\n\n\n     (a)  Electronic Test Equipment                             2%\n     (b)  Automotive Equipment                                  2%\n     (c)  Tooling                                               1%\n     (d)  Test Equipment (other than electronics)               1%\n     (e)  Other personal property and equipment not otherwise   1%\n          provided for above\n\n\nII.  RENTAL PERIOD\n\nThe rental period is six (6) months.\n\nIII. MEASUREMENT UNIT OF USE\n\na.   For the purpose of paragraph (c)(4) of the 'Use and Charges' clause of this\ncontract, the measurement unit for real property, industrial plant equipment,\nand other plant equipment is as follows:\n\n\n     (1)  Fridley manufacturing direct labor hours for all customers under all\ncontracts and subcontracts for any goods produced or services provided\nutilizing, to any extent, real property and associated fixtures provided under\nthis contract is the measurement unit for determining credit on the real\nproperty and associated fixtures.\n\n     (2)  Fridley manufacturing direct labor hours for all customers under all\ncontracts and subcontracts for any goods produced or services performed\nutilizing, to any extent, plant equipment as defined in paragraph (j)(ii) of the\n'Use and Charges' clause is the measurement unit for determining credit on that\nplant equipment.\n\n     (3)  Fridley manufacturing direct labor hours for all customers under all\ncontracts and subcontracts for any goods produced or services performed\nutilizing, to any extent, plant equipment and personal property, defined in\nparagraph (j)(iii) the 'Use and Charges' clause is the measurement unit for\ndetermining credit on that plant equipment and personal property.\n\nb.   No charge will be made for any of the facilities which have been declared\nexcess by the Contractor effective on the first of the month following the\ndeclaration of excess.\n\nIV.  RENTAL COMPUTATION\n\n(a)  The Contractor shall compute the amount of rent for each rental period as\nfollows:\n\n     (1)  Real Property (FAR 52.245-9(j)(i))\n\n                                          5\n\n                                                                N00024-93-E-8521\n\n          (a)  The Contractor shall adjust the rental rate set forth in I(i)\n          above for the square footage of building space not available for\n          Contractor use because of use by the Government or designation as\n          non-use area by the Contractor.  The latter area is not to be entered\n          by Contractor personnel except as needed for maintenance, security and\n          similar functions.  One half of the adjusted rental rate is the full\n          rental charge for the rental period set forth in II above.\n\n          (b)  The full rental charge will be reduced by a credit.  The credit\n          is computed by multiplying the full rental charge by a fraction in\n          which the numerator is the amount of Fridley manufacturing direct\n          labor hours of use of the facilities by the contractor without charge\n          during the period and the denominator is the total amount of Fridley\n          manufacturing direct labor hours of use of the facilities by the\n          contractor during the rental period.\n\n          (c)  The rental due for the rental period is the full rental charge\n          computed in (a) above reduced by the credit computed in (b) above.\n\n     (2)  Plant Equipment (FAR 52.245-9(j)(ii))\n\n          (a)  The Contractor shall apply the rental rate set forth in I(ii)\n          above to the acquisition costs of such facilities for rental period\n          set forth in II. above to compute the full rental charge for each\n          rental period.\n\n          (b)  The full rental charge will be reduced by a credit.  The credit\n          is computed by multiplying the full rental charge by a fraction in\n          which the numerator is the amount of Fridley manufacturing direct\n          labor hours of use of the facilities by the Contractor without charge\n          during the rental period and the denominator is the total amount of\n          Fridley manufacturing direct labor hours of use of the facilities by\n          the Contractor during the rental period.\n\n          (c)  The rental due for the rental period is the full rental charge\n          computed in (a) above reduced by the credit computed in (b) above.\n\n\n     (3)  Plant Equipment and Personal Property (FAR 52.245-9(j)(iii))\n\n          (a)  The Contractor shall apply the rental rate set forth in I(iii)\n          above to the acquisition costs for such facilities for the rental\n          period set forth in II. above to compute the full rental charge for\n          each rental period.\n\n          (b)  The full rental charge will be reduced by a credit. The credit is\n          computed by multiplying the full rental charge by a fraction in which\n          the numerator is the amount of Fridley manufacturing direct labor\n          hours of use of the facilities by the Contractor without charge during\n          the rental period and the denominator is the total amount of Fridley\n          manufacturing direct labor hours of use of the facilities by the\n          Contractor during the rental period.\n\n\n                                          6\n\n                                                                N00024-93-E-8521\n\n          (c)  The rental due for the rental period is the full rental charge\n          computed in (a) above reduced by the credit computed in (b) above.\n\nV.   CHARGES EXCLUDED\n\nThe Contractor will not include in the cost or price of any goods produced or\nservices performed under any United States Government prime contracts or any\nsubcontracts, any provision, allowance or charge (i) for the cost of acquisition\nof the facilities; (ii) for the amortization or depreciation of the facilities;\nor (iii) arising out of authority that may be granted to the Contractor to use\nthe facilities in the performance of non-Federal Government work or independent\nresearch and development (IR&amp;D) work.\n\nVI.  EFFECTIVITY OF USE AND CHARGES\n\nThe terms and conditions of the 'Use and Charges' clause apply to all contracts\nor subcontracts for goods produced or services performed utilizing to any extent\nthe facilities, as authorized herein, which contracts or subcontracts are\nentered into by the Contractor subsequent to the effective date hereof.\n\nVII. RENT PAID REPORT\n\nThe Contractor shall report the amount of all rent paid within ninety (90) days\nafter the close of each rental period. The report will be sent to the\nAdministrative Contracting Officer.  A negative report is required if no rent\nwas paid.\n\nE.   NON-GOVERNMENT USE OF INDUSTRIAL PLANT EQUIPMENT\n\n(i)  Use of Industrial Plant Equipment (IPE) for non-Government work is limited\nto twenty-five (25) percent of the time IPE is available for use, based on the\ncontractor's normal work schedule, as represented by scheduled production shift\nhours. Non-Government use of all IPE in the base time period will not exceed\ntwenty-five (25) percent of scheduled production shift hours for all IPE in the\nbase time period.\n\n(ii) The base time period for determining percentages of non-Government use is\nsix (6) months.\n\nF.   APPLICABILITY OF FAR 52.245-16, 'FACILITIES EQUIPMENT MODERNIZATION'\n\nThe Government may, at the written request of the Contractor, from time to time\nduring the course of this contract, replace or modernize items of\nGovernment-owned equipment located at the place set forth in this schedule. \nWhen accountability for such replaced or modernized items has been transferred\nto the Contractor under this contract, the 'Facilities Equipment Modernization'\nclause shall be applicable.\n\nG.   IMPLEMENTATION OF FAR 52.245-11(g)(2)\n\n\n                                          7\n\n                                                                N00024-93-E-8521\n\nNotwithstanding FAR 52.245-11(g)(2) requiring that the normal maintenance\nprogram be submitted 'As soon as practicable after the execution of this\ncontract', the contractor shall submit the initial submission within ninety (90)\ndays after the effective date of this contract.  Annual submissions will also be\nsubmitted on the anniversary of the effective date of this contract.  The\noriginal and all annual submissions will be submitted to the Administrative\nContracting Officer for approval, subsequent to the Contracting Officer's\nconcurrence.  Copies shall be submitted concurrently to SEA 654C.\n\nH.   ACCOUNTABILITY FOR GOVERNMENT PROPERTY IN POSSESSION OF CONTRACTORS\n\nThe Contractor shall maintain Government property records using a system that\nis, at a minimum, equivalent to its system for maintaining records of\ncontractor-owned property.\n\nI.   DELEGATION OF AUTHORITY\n\nFor the purpose of administration of this contract, the Administrative\nContracting Officer (ACO) is authorized to act for the Contracting Officer in\nperforming the following functions:\n\n(i)   Approve, subsequent to the Contracting Officer's concurrence, the\nContractor's normal maintenance program per FAR 52.245-11.  Monitor the\nContractor's compliance with the program.\n\n(ii)  Approve, subsequent to the Contracting Officer's concurrence, for a period\nnot to exceed twelve (12) months, the use of the facilities under this contract\nat locations other than those specified in the 'Property Provided Under this\nContract' provision of this contract.  Provide a copy of each Approval to the \nContracting Officer.\n\n(iii) Per FAR 52.245-9, determine the total cost of the Government property\nunder the 'Property Provided Under This Contract' provision of this contract and\nnot less than annually modify the contract to revise Attachment A to reflect\nproperty accountable to this contract.\n\n(iv)  Receive a written statement from the Contractor of the use of the\nfacilities and rental due in accordance with FAR 52.245-9 of this contract. \nProvide a copy of the statement to the Contracting Officer, SEA 0281L, with the\nACO's verification of the information contained in the statement.  Rental checks\nmust be submitted to the ACO for submission to DFAS-Columbus Center.\n\n(v)   Forward the DD Form 1594, Contract Completion Statement, to the Commander,\nNaval Sea Systems Command, Attn:  SEA 0281L.\n\n(vi)  Pursuant to FAR 52.245-11(c)(3), approve the installation, arrangement or\nrearrangement of Contractor owned and readily moveable machinery, equipment and\nother items on Government furnished premises if the estimated cost of the\ninstallation, arrangement or rearrangement is estimated to cost $100,000, or\nless.  The Contractor shall obtain the Contracting \n\n\n                                          8\n\n                                                                N00024-93-E-8521\n\nOfficer's written approval for installations, arrangements or rearrangements\nestimated to cost more than $100,000.\n\nJ.   OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA)\n\n(i)   Any modifications to any of the property accountable under this contract\nthat are necessary to meet OSHA requirements are the responsibility of the\nContractor.  Title to any non-severable OSHA modifications performed by the\nContractor at Contractor expense shall vest in the Government.\n\n(ii)  Pursuant to FAR 52.216-14, 'Allowable Cost and Payment--Facilities Use',\nthe Contractor may include as part of the price or cost under any other\nGovernment contract or subcontract an allocable portion of the costs incurred in\nthe performance of any OSHA modifications to any of the property accountable\nunder this contract.\n\n(iii) The Contractor, prior to making any OSHA modifications to any of the\nproperty accountable under this contract, shall obtain the written approval of\nthe Administrative Contracting Officer.\n\nK.   NON-USE OF POLYCHLORINATED BIPHENYLS (PCB) IN ANY HYDRAULIC SYSTEM AFTER 01\n     JULY 1985\n\n(i)  Title 40 Code of Federal Regulations (CFR) Part 761 prohibits the use of\npolychlorinated biphenyls (PCB) in any hydraulic system after 01 July 1985.\n\n(ii) For Government Plant Equipment as defined in FAR 45.101 and accountable\nunder this contract, the Contractor shall comply with the requirements of Title\n40 CFR 761.  The Contractor will furnish to the Contracting Officer cognizant of\nthis facilities-use contract, no later than (45) days after the effective date\nof this contract, a proposal indicating how the Contractor will demonstrate\ncompliance with these requirements.  The following information will be required\nconcerning each item of plant equipment that is tested.\n\n     1.   Navy Identification Number\n     2.   Nomenclature\n     3.   Model\n     4.   Serial Number\n     5.   Acquisition Cost\n     6.   Year Manufactured\n     7.   PCB Level of Hydraulic Fluid\n     8.   Date Tested\n     9.   Name of Testing Firm\n     10.  Quantity of Hydraulic Fluid in Hydraulic System\n     \nCompliance must be certified within ninety (90) days of obtaining Contracting\nOfficer approval of the Contractor's proposal.\n\n\n                                          9\n\n                                                                N00024-93-E-8521\n\nL.   REMEDIATION ACTIVITIES DOCUMENT STORAGE\n\n(i)   A Federal Facilities Agreement under CERCLA Section 120 was signed in \nMarch 1991 between the Government and the Minnesota Pollution Control Agency \n(MPCA) and the U.S. Environmental Protection Agency (EPA) addressing \nenvironmental impacts associated with past and present disposal activities at \nthe NIROP. Section XXII. of the Agreement requires the Government to preserve \nall documents contained in the Administrative Record, the Public Information \nRepository, and all final primary and secondary documents for a period of ten \n(10) years after termination of this agreement.\n\n(ii)  A permit has been granted by the Minnesota Pollution Control Agency to \nthe Contractor (FMC Corporation) and the Government (Department of the Navy) \nto operate a hazardous waste container storage facility within the Naval \nIndustrial Reserve Ordinance Plant and the FMC Naval Systems Division Plant \n(collectively referred to as 'facility' in the permit).  In the permit, the \n'facility' is that real property within the security fence surrounding the \nplant with the south boundary as the south parking lot north fence as \nillustrated on the following Figure 1.\n\n(iii) Under the permit, the permittees are required to maintain records for \nall groundwater monitoring wells within the 'facility' for the active life of \nthe 'facility'.  These records include, BUT ARE NOT LIMITED TO, groundwater \nmonitoring analytical data and water table surface elevations.\n\n(iv)  To satisfy the above listed requirements, the Government will assign these\ndocuments to the contractor for retention as well as any subsequent records that\nare generated.  The Contractor will maintain these documents at the 'facility'\nin a manner as the Contractor deems appropriate including the option of\nmicrofilming.  The expense of maintaining these records and documents shall be\nallowable as contractor indirect costs.\n\n                                       [Map]\n\nPART 2 - GENERAL REQUIREMENTS\n\nA.   Supersedure (NAVSEA)(SEP 1990)\n\nThis contract supersedes contract N00024-87-E-5917.\n\nB.   Title of Property - Facilities Use (NAVSEA)(SEP 1990)\n\nTitle to each item of the property is now and shall remain in the Government.\nTitle to parts replaced by the Contractor shall pass to and vest in the\nGovernment upon installation thereof. Neither the property nor any part thereof\nshall be or become a fixture by reason of affixation to any realty not owned by\nthe Government.\n\nSECTION D--PACKAGING AND MARKETING\n\n\n                                          10\n\n                                                                N00024-93-E-8521\n\nNot Applicable.\n\nSECTION E--INSPECTION AND ACCEPTANCE\n\nNot Applicable.\n\nSECTION F--DELIVERIES OR PERFORMANCE\n\nThis facilities-use contract is for a five (5) year period beginning with the\neffective date of the contract and ending five (5) years from the effective date\nof the contract.\n\nSECTION G--CONTRACT ADMINISTRATION DATA\n\nPurchasing Office:  Naval Sea Systems Command\n\nRepresentative:     Carla J. Brown, NAVSEA 0281L\n                    Telephone (703) 602-1264\n                    Fax (703) 602-8126\n\nSECTION H--SPECIAL CONTRACT REQUIREMENTS\n\nH-1 NAVSEA 5252.202-9101 - ADDITIONAL DEFINITIONS (SEP 1990)\n\nAs used throughout this contract, the following terms shall have the meanings\nset forth below:\n\n(a)  DEPARTMENT - means the Department of the Navy.\n\n(b)  REFERENCES TO THE FEDERAL ACQUISITION REGULATION (FAR) - All references to\nthe FAR in this contract shall be deemed to also reference the appropriate\nsections of the DOD FAR Supplement (DFARS), unless clearly indicated otherwise.\n\n(c)  REFERENCES TO ARMED SERVICES PROCUREMENT REGULATION OR DEFENSE ACQUISITION\nREGULATION - All references in this document to either the Armed Services\nProcurement Regulation (ASPR) or the Defense Acquisition Regulation (DAR) shall\nbe deemed to be references to the appropriate sections of the FAR\/DFARS.\n\nH-2 NAVSEA 5252.245-9122 LIENS (SEP 1990)\n\nThe Contractor hereby waives its right to any lien upon the property whether\nsuch lien shall rise out of, or be imposed by, custom, usage, statute, the \ncommon law or otherwise.\n\n                                          11\n\n                                                                N00024-93-E-8521\n\n                             PART II - CONTRACT CLAUSES\n\nSECTION I-1 - FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)\n\n     This contract incorporates one or more clauses by reference, with the same\nforce and effect as if they were given in full text.  Upon request, the\nContracting Officer will make their full text available.\n\nI.   FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES:\n\n\n\n FAR\n SOURCE                   TITLE AND DATE\n--------                  ---------------\n\n 52.201-1                 DEFINITIONS (SEPT 1991)\n\n 52.203-1                 OFFICIALS NOT TO BENEFIT (APR 1984)\n\n 52.203-3                 GRATUITIES (APR 1984)\n\n 52.203-5                 COVENANT AGAINST CONTINGENT FEES (APR 1984)\n\n 52.203-7                 ANTI-KICKBACK PROCEDURES (OCT 1988)\n\n 52.203-13                PROCEDUREMENT INTEGRITY -- SERVICE CONTRACTING (SEP\n                          1990) (Applicable to Contracts and BOAs for\n                          services)\n\n 52.204-2                 SECURITY REQUIREMENTS (APR 1984)\n\n 52.212-14                STOP-WORK ORDER -- FACILITIES (AUG 1989)\n\n 52.215-1                 EXAMINATION OF RECORDS BY COMPTROLLER GENERAL (APR\n                          1984)\n\n 52.215-2                 AUDIT -- NEGOTIATION (DEC 1989) - ALTERNATE I (APR\n                          1984)\n\n 52.215-33                ORDER OF PRECEDENCE (JAN 1986)\n\n 52.216-14                ALLOWABLE COST AND PAYMENT -- FACILITIES USE (APR\n                          1984)\n\n 52.222-1                 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (APR\n                          1984)\n\n 52.222-3                 CONVICT LABOR (APR 1984)\n\n\n                                          12\n\n                                                                N00024-93-E-8521\n\n 52.222-4                 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--\n                          OVERTIME COMPENSATION (MAR 1986)\n\n 52.222-18                NOTIFICATION OF EMPLOYEE RIGHTS CONCERNING PAYMENT\n                          OF UNION DUES OR FEES (MAY 1992)\n\n 52.222-20                WALSH-HEALEY PUBLIC CONTRACTS ACT (APR 1984)\n\n 52.222-26                EQUAL OPPORTUNITY (APR 1984)\n\n 52.222-35                AFFIRMATIVE ACTION FOR SPECIAL DISABLED AND VIETNAM\n                          ERA VETERANS (APR 1984)\n\n 52.222-36                AFFIRMATIVE ACTION FOR HANDICAPPED WORKERS (APR\n                          1984)\n\n 52.222-37                EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND\n                          VETERANS OF THE VIETNAM ERA (JAN 1988)\n\n 52.223-2                 CLEAN AIR AND WATER (APR 1984)\n\n 52.223-6                 DRUG-FREE WORKPLACE (JUL 1990)\n\n 52.228-7                 INSURANCE -- LIABILITY TO THIRD PERSONS (APR 1984)\n\n 52.232-17                INTEREST (JAN 1991)\n\n 52.232-21                LIMITATION OF COST (FACILITIES) (APR 1984)\n\n 52.232-25                PROMPT PAYMENT (APR 1989)\n\n 52.233-1                 DISPUTES (DEC 1991)\n\n 52.233-3                 PROTEST AFTER AWARD (AUG 1989) - ALTERNATE I (JUN\n                          1985)\n\n 52.242-1                 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)\n\n 52.243-2                 CHANGES COST REIMBURSEMENT (AUG 1987) - ALTERNATE IV\n                          (APR 1984)\n\n 52.245-8                 LIABILITY FOR THE FACILITIES (APR 1984)\n\n 52.245-9                 USE AND CHARGES (APR 1984)\n\n                                          13\n\n                                                                N00024-93-E-8521\n\n 52.245-11                GOVERNMENT PROPERTY (FACILITIES USE) (APR 1984)\n\n 52.245-16                FACILITIES EQUIPMENT MODERNIZATION (APR 1985)\n\n 52.246-10                INSPECTION OF FACILITIES (APR 1984)\n\n 52.249-13                FAILURE TO PERFORM (APR 1984)\n\n 52.253-1                 COMPUTER GENERATED FORMS (JAN 1991)\n\nII.  DOD FAR SUPPLEMENT (48 CFR CHAPTER 2) CLAUSES:\n\nFAR SUPPLEMENT\nSOURCE                    TITLE AND DATE\n------                    --------------\n\n252.203-7001              SPECIAL PROHIBITION ON\n                          EMPLOYMENT (DEC 1991)\n\n252.223-7002              SAFETY PRECAUTIONS FOR\n                          AMMUNITION AND EXPLOSIVES (DEC 1991)\n\n252.223-7003              CHANGE IN PLACE OF PERFORMANCE -\n                          AMMUNITION AND EXPLOSIVES (DEC 1991)\n\n252.231-7000              SUPPLEMENTAL COST\n                          PRINCIPLES (APR 1991)\n\nI-2  ADDITIONAL CONTRACT CLAUSES\n\nThe following clauses are additional contract clauses of this contract.\n\nFAR SUPP 252.233-7004   DRUG-FREE WORKFORCE (SEP 1988)\n\n(a)  Definitions.\n\n     (1)  'Employee in a sensitive position,' as used in this clause, means an\n          employee who has been granted access to classified information; or\n          employees in other positions that the Contractor determines involve\n          national security, health or safety, or functions other than the\n          foregoing requiring a high degree of trust and confidence.\n\n     (2)  'Illegal drugs,' as used in this clause, means controlled substances\n          included in Schedules I and II, as defined by section 802(6) of Title\n          21 of the United States Code, the possession of which is unlawful\n          under Chapter 13 of that Title.  The term 'illegal drugs' does not\n          mean the use of a controlled substance pursuant to a valid\n          prescription or other uses authorized by law.\n\n                                          14\n\n                                                                N00024-93-E-8521\n\n(b)  The Contractor agrees to institute and maintain a program for achieving the\nobjective of a drug-free work force.  While this clause defines criteria for\nsuch a program, contractors are encouraged to implement alternative approaches\ncomparable to the criteria in paragraph (c) that are designed to achieve the\nobjectives of this clause.\n\n(c)  Contractor programs shall include the following, or appropriate\nalternatives:\n\n     (1)  Employee assistance programs emphasizing high level direction,\n          education, counseling, rehabilitation, and coordination with available\n          community resources;\n\n     (2)  Supervisory training to assist in identifying and addressing illegal\n          drug use by Contractor employees;\n\n     (3)  Provision for self-referrals as well as supervisory referrals to\n          treatment with maximum respect for individual confidentiality\n          consistent with safety and security issues;\n\n     (4)  Provision for identifying illegal drug users, including testing on a\n          controlled and carefully monitored basis. Employee drug testing\n          programs shall be established taking account of the following:\n\n          (i)   The Contractor shall establish a program that provides for\n                testing for the use of illegal drugs by employees in sensitive\n                positions.  The extent of and criteria for such testing shall be\n                determined by the Contractor based on considerations that \n                include the nature of the work being performed under the \n                contract, the employee's duties, the efficient use of Contractor\n                resources, and the risks to health, safety, or national security\n                that could result from the failure of an employee adequately to\n                discharge his or her position.\n\n          (ii)  In addition, the Contractor may establish a program for employee\n                drug testing--\n\n                (A)  When there is a reasonable suspicion that an employee uses\n                     illegal drugs; or\n\n                (B)  When an employee has been involved in an accident or unsafe\n                     practice;\n\n\n                (C)  As part of or as a follow-up to counseling or \n                     rehabilitation for illegal drug use;\n\n                (D)  As part of a voluntary employee drug testing program.\n\n          (iii) The Contractor may establish a program to test applicants\n                for employment for illegal drug use.\n\n\n                                          15\n\n                                                                N00024-93-E-8521\n\n          (iv)  For the purpose of administering this clause, testing for \n                illegal drugs may be limited to those substances for which \n                testing is prescribed by Section 2.1 of Subpart B of the \n                'Mandatory Guidelines for Federal Workplace Drug Testing \n                Programs' (53 FR 11980 (April 11, 1988)), issued by the \n                Department of Health and Human Services.\n\n(d)  Contractors shall adopt appropriate personnel procedures to deal with\nemployees who are found to be using drugs illegally.  Contractors shall not\nallow any employee to remain on duty or perform in a sensitive position who is\nfound to use illegal drugs until such time as the Contractor, in accordance with\nprocedures established by the Contractor, determines that the employee may\nperform in such a position.\n\n(e)  The provisions of this clause pertaining to drug testing program shall not\napply to the extent they are inconsistent with state or local law, or with an\nexisting collective bargaining agreement; provided that with respect to the\nlatter, the Contractor agrees that those issues that are in conflict will be a\nsubject of negotiation at the next collective bargaining session.\n\n                                          16\n\n                                                                N00024-93-E-8521\n\nPART III--LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS\n\nSECTION J--LIST OF ATTACHMENTS\n\nThis contract consists of the following parts and the attachments described in\nparagraph J-1 hereof:\n\n     I.   The Schedule\n     II.  Contract Clauses\n     III. List of Documents, Exhibits and Other Attachments\n\nJ-1  The Attachments forming a part of this contract are as follows:\n\n     Attachment A--Government Owned Facilities, 75 pages\n\n                                          17\n\n                                                                N00024-93-E-8521\n\nPART IV - REPRESENTATIONS AND INSTRUCTIONS\n\nSECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS\n\nFAR 52.203-4  CONTINGENT FEE REPRESENTATION AND AGREEMENT (APR 1984)\n\n(a)  REPRESENTATION.  The offeror represents that, except for full-time bona\nfide employees working solely for the offeror, the offer or--\n\n(Note:  The offeror must check the appropriate boxes.  For interpretation of the\nrepresentation, including the term 'bona fide employee,' see subpart 3.4 of the\nFederal Acquisition Regulation.)\n\n\n     (1)  [   ] has, [X] has not employed or retained any person or company to\n     solicit or obtain this contract; and\n\n     (2)  [   ] has, [X] has not paid or agreed to pay to any person or company\n     employed or retained to solicit or obtain this contract any commission,\n     percentage, brokerage, or other fee contingent upon or resulting from the\n     award of this contract.\n\n(b)  AGREEMENT.  The offeror agrees to provide information relating to the above\nRepresentation as requested by the Contracting Officer and, when subparagraph\n(a)(1) or (a)(2) is answered affirmatively, to promptly submit to the\nContracting Officer--\n\n     (l)  A completed Standard Form 119, Statement of Contingent or Other Fees,\n(SF 119); or\n\n     (2)  A signed statement indicating that the SF 119 was previously submitted\nto the same contracting office, including the date and applicable solicitation\nor contract number, and representing that the prior SF 119 applies to this offer\nor quotation.\n\nFAR 52.204-3  TAXPAYER IDENTIFICATION (SEP 1989)\n\n(a)  Definitions.\n\n     'Common parent,' as used in this solicitation provision, means that\ncorporate entity that owns or controls an affiliated group of corporations that\nfiles its Federal income tax returns on a consolidated basis, and of which the\nofferor is a member.\n\n     'Corporate status,' as used in this solicitation provision, means a\ndesignation as to whether the offeror is a corporate entity, an unincorporated\nentity (e.g., sole proprietorship or partnership), or a corporation providing\nmedical and health care services.\n\n     'Taxpayer Identification Number (TIN),' as used in this solicitation\nprovision, means the number required by the IRS to be used by the offeror in\nreporting income tax and other returns.\n\n                                          18\n\n                                                                N00024-93-E-8521\n\n(b)  The offeror is required to submit the information required in paragraphs \n(c) through (e) of this solicitation provision in order to comply with reporting\nrequirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations\nissued by the Internal Revenue Service (IRS).  If the resulting contract is\nsubject to the reporting requirements described in 4.902(a), the failure or\nrefusal by the offeror to furnish the information may result in a 20 percent\nreduction of payments otherwise due under the contract.\n\n(c)  Taxpayer Identification Number (TIN).\n\n     [ X ]          TIN:  94-0479804\n\n     [   ]          TIN has been applied for.\n\n     [   ]          TIN is not required because:\n\n\n                    [   ]   Offeror is a nonresident alien, foreign\ncorporation, or foreign partnership that does not have income effectively\nconnected with the conduct of a trade or business in the U.S. and does not have\nan office or place of business or a fiscal paying agent in the U.S.;\n\n                    [   ]   Offeror is an agency or instrumentality of a\nforeign government.\n\n                    [   ]   Offeror is an agency or instrumentality of a\nFederal, state, or local government;\n\n                    [   ]   Other.  State basis.                    \n\n(d)  Corporate Status.\n\n     [   ]   Corporation providing medical and health care services, or \nengaged in the billing and collecting of payments for such services;\n\n     [ X ]   Other corporate entity;\n\n     [   ]   Not a corporate entity;\n\n                    [   ]   Sole proprietorship\n     \n                    [   ]   Partnership\n     \n                    [   ]   Hospital or extended care facility\n\ndescribed in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a).\n\n(e)  Common Parent.\n\n\n                                          19\n\n                                                                N00024-93-E-8521\n\n     [ X ]     Offeror is not owned or controlled by a common parent as defined\nin paragraph (a) of this clause.\n\n     [   ]     Name and TIN of common parent:\n\nName                     \n         --------------------\n\nTIN                      \n         --------------------\n\nFAR 52.209-5   CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED\n               DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAY 1989)\n\n(a)(l)    The Offeror certifies, to the best of its knowledge and belief, that-\n\n          (i)  The Offeror and\/or any of its Principals--\n\n               (A)  Are [   ] are not [ X ] presently debarred, suspended, \n                    proposed for debarment, or declared ineligible for the \n                    award of contracts by any Federal agency;\n\n               (B)  Have [   ] have not [ X ], within a three-year period\n                    preceding this offer, been convicted of or had a civil\n                    judgment rendered against them for: commission of fraud or a\n                    criminal offense in connection with obtaining, attempting to\n                    obtain, or performing a public (Federal, state, or local)\n                    contract or subcontract; violation of Federal or state\n                    antitrust statutes relating to the submission of offers; or\n                    commission of embezzlement, theft, forgery, bribery,\n                    falsification or destruction of records, making false\n                    statements, or receiving stolen property; and\n\n               (C)  Are [   ] are not [ X ] presently indicted for, or\n                    otherwise criminally or civilly charged by a governmental\n                    entity with, commission of any of the offenses enumerated \n                    in subdivision (a)(l)(i)(B) of this provision.\n\n          (ii) The Offeror has [   ] has not [ X ], within a three-year period\npreceding this offer, had one or more contracts terminated for default by any\nFederal agency.\n\n          (2)  'Principals,'  for the purposes of this certification, means\nofficers; directors; owners; partners; and, persons having primary management or\nsupervisory responsibilities within a business entity (e.g., general manager;\nplant manager; head of a subsidiary, division, or business segment, and similar\npositions).\n\nTHIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE\nUNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION\nMAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED\nSTATES CODE.\n\n\n                                          20\n\n                                                                N00024-93-E-8521\n\n(b)  The Offeror shall provide immediate written notice to the Contracting\nOfficer if, at any time prior to contract award, the Offeror learns that its\ncertification was erroneous when submitted or has become erroneous by reason of\nchanged circumstances.\n\n(c)  A certification that any of the items in paragraph (a) of this provision\nexists will not necessarily result in withholding of an award under this\nsolicitation.  However, the certification will be considered in connection with\na determination of the Offeror's responsibility.  Failure of the Offeror to\nfurnish a certification or provide such additional information as requested by\nthe Contracting Officer may render the Offeror nonresponsible.\n\n(d)  Nothing contained in the foregoing shall be construed to require\nestablishment of a system of records in order to render, in good faith, the\ncertification required by paragraph (a) of this provision.  The knowledge and\ninformation of an Offeror is not required to exceed that which is normally\npossessed by a prudent person in the ordinary course of business dealings.\n\n(e)  The certification in paragraph (a) of this provision is a material \nrepresentation of fact upon which reliance was placed when making award.  If it\nis later determined that the Offeror knowingly rendered an erroneous\ncertification, in addition to other remedies available to the Government, the\nContracting Officer may terminate the contract resulting from this solicitation\nfor default.\n\nFAR 52.215-6  TYPE OF BUSINESS ORGANIZATION (JUL 1987)\n\nThe offeror or quoter, by checking the applicable box, represents that-\n\n(a)  It operates as [ X ] a corporation incorporated under the laws of the State\nof DELAWARE, [   ] an individual, [   ] a partnership, [   ] a nonprofit\norganization, or [   ] a joint venture; or\n\n(b)  If the offeror or quoter is a foreign entity, it operates as [   ] an\nindividual, [   ] a partnership, [   ] a nonprofit organization, [   ] a\njoint venture, or [   ] a corporation registered for business in         \n(Country).\n\nFAR 52.219-1  SMALL BUSINESS CONCERN REPRESENTATION (JAN 1991)\n\n     (a)  REPRESENTATION.  The offeror represents and certifies as part of its\noffer that it [   ] is, [ X ] is not a small business concern and that [   ]\nall, [ X ] not all end items to be furnished will be manufactured or produced by\na small business concern in the United States, its territories or possessions,\nPuerto Rico, or the Trust Territory of the Pacific Islands.\n\n     (b)  DEFINITION.\n\n          'Small business concern,' as used in this provision, means a concern,\nincluding its affiliates, that is independently owned and operated, not dominant\nin the field of operation in which it is bidding on Government contracts, and\nqualified as a small business under the criteria and size standards in this\nsolicitation.\n\n                                          21\n\n\n                                                                N00024-93-E-8521\n\n     (c)  NOTICE.  Under 15 U.S.C. 645(d), any person who misrepresents a firm's\nstatus as a small business concern in order to obtain a contract to be awarded\nunder the preference programs established pursuant to sections 8(a), 8(d), 9, or\n15 of the Small Business Act or any other provision of Federal law that\nspecifically references section 8(d) for a definition of program eligibility,\nshall--\n\n     (1)  Be punished by imposition of a fine, imprisonment, or both;\n\n     (2)  Be subject to administrative remedies, including suspension and \ndebarment; and\n\n     (3)  Be ineligible for participation in programs conducted under the\nauthority of the Act.\n\nFAR 52.219-3  WOMEN-OWNED SMALL BUSINESS REPRESENTATION (APR 1984)\n\n(a)  REPRESENTATION.  The offeror represents that it [   ] is, [ X ] is not a\nwomen-owned small business concern.\n\n(b)  DEFINITIONS.\n\n          'Small business concern,' as used in this provision, means a concern,\nincluding its affiliates, that is independently owned and operated, not dominant\nin the field of operation in which it is bidding on Government contracts, and\nqualified as a small business under the criteria and size standards in 13 CFR\n121.\n\n          'Women-owned,' as used in this provision, means a small business that \nis at least 51 percent owned by a woman or women who are U.S. citizens and who\nalso control and operate the business.\n\nFAR 52.222-19  WALSH-HEALEY PUBLIC CONTRACTS ACT REPRESENTATION  (APR 1984)\n\nThe offeror represents as a part of this offer that the offeror is [   ] or is\nnot [   ] a regular dealer in, or is [ X ] or is not [   ] a manufacturer\nof, the supplies offered.\n\nFAR 52.222-21  CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)\n\n(a)  'Segregated facilities' as used in this provision, means any waiting rooms,\nwork areas, rest rooms and wash rooms, restaurants and other eating areas, time\nclocks, locker rooms and other storage or dressing areas, parking lots, drinking\nfountains, recreation or entertainment areas, transportation, and housing\nfacilities provided for employees, that are segregated by explicit directive or\nare in fact segregated on the basis of race, color, religion or national origin,\nbecause of habit, local custom or otherwise.\n\n(b)  By the submission of this offer, the offeror certifies that it does not and\nwill not maintain or provide for its employees any segregated facilities at any\nof its establishments, and that it does not and will not permit its employees to\nperform their services at any location under its control \n\n\n                                          22\n\n                                                                N00024-93-E-8521\n\nwhere segregated facilities are maintained. The offeror agrees that a breach of\nthis certification is a violation of the Equal Opportunity clause in the\ncontract.\n\n(c)  The offeror further agrees that (except where it has obtained identical\ncertifications from proposed subcontractors for specific time periods) it will--\n\n     (1)  Obtain identical certifications from proposed subcontractors before\nthe award of subcontracts under which the subcontractor will be subject to the\nEqual Opportunity clause;\n\n     (2)  Retain the certifications in the files; and\n\n     (3)  Forward the following notice to the proposed subcontractors (except if\nthe proposed subcontractors have submitted identical certifications for specific\ntime periods):\n                                          \n              NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR\n                     CERTIFICATIONS OF NONSEGREGATED FACILITIES\n                                          \nA Certification of Nonsegregated Facilities must be submitted before the award\nof a subcontract under which the subcontractor will be subject to the Equal\nOpportunity clause.  The certification may be submitted either for each\nsubcontract or for all subcontracts during a period (i.e., quarterly,\nsemiannually, or annually).\n\nNOTE:  The penalty for making false statements in offers is prescribed in 18 \nU.S.C. 1001.\n\nFAR 52.222-22  PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)\n\nThe offeror represents that--\n\n(a)  It [ X ]  has, [   ] has not participated in a previous contract or\nsubcontract subject either to the Equal Opportunity clause of this solicitation,\nthe clause originally contained in Section 310 of Executive Order No. 10925, or\nthe clause contained in Section 201 of Executive Order No. 11114;\n\n(b)  It [ X ] has, [   ] has not, filed all required compliance reports; and\n\n(c)  Representations indicating submission of required compliance reports,\nsigned by proposed subcontractors, will be obtained before subcontract awards.\n\nFAR 52.222-25  AFFIRMATIVE ACTION COMPLIANCE (APR 1984)\n\nThe offeror represents that (a) it [ X ] has developed and has on file, [   ]\nhas not developed and does not have on file, at each establishment, affirmative\naction programs required by the rules and regulations of the Secretary of Labor\n(41 CFR 60-1 and 60-2), or (b) it [   ] has not previously had contracts subject\nto the written affirmative action programs requirement of the rules and\nregulations of the Secretary of Labor.\n\nFAR 52.223-1  CLEAN AIR AND WATER CERTIFICATION (APR 1984)\n\n\n                                          23\n\n                                                                N00024-93-E-8521\nThe Offeror certifies that--\n\n(a)  Any facility to be used in the performance of this proposed contract is \n[   ], is not [ X ] listed on the Environmental Protection Agency (EPA) List of\nViolating Facilities;\n\n(b)  The Offeror will immediately notify the Contracting Officer, before award,\nof the receipt of any communication from the Administrator, or a designee, of\nthe EPA, indicating that any facility that the Offeror proposes to use for the\nperformance of the contract is under consideration to be listed on the EPA List\nof Violating Facilities; and\n\n(c)  The Offeror will include a certification substantially the same as this\ncertification, including this paragraph (c), in every nonexempt subcontract.\n\nFAR 52.223-5  CERTIFICATION REGARDING A DRUG-FREE WORKPLACE (JUL 1990)\n\n(a)  Definitions.  As used in this provision,\n\n'Controlled substance' means a controlled substance in schedules I through V of\nsection 202 of the Controlled Substances Act (21 U.S.C. 812) and as further\ndefined in regulation at 21 CFR 1308.11 - 1308.15.\n\n'Conviction' means a finding of guilt (including a plea of nolo contendere) or\nimposition of sentence, or both, by any judicial body charged with the\nresponsibility to determine violations of the Federal or State criminal drug\nstatutes.\n\n'Criminal drug statute' means a Federal or non-Federal criminal statute\ninvolving the manufacture, distribution, dispensing, possession or use of any\ncontrolled substance.\n\n'Drug-free workplace' means the site(s) for the performance of work done by the\nContractor in connection with a specific contract at which employees of the\nContractor are prohibited from engaging in the unlawful manufacture,\ndistribution, dispensing, possession, or use of a controlled substance.\n\n'Employee' means an employee of a Contractor directly engaged in the performance\nof work under a Government contract.  'Directly engaged' is defined to include\nall direct cost employees and any other Contractor employee who has other than a\nminimal impact or involvement in contract performance.\n\n'Individual' means an offeror\/contractor that has no more than one employee\nincluding the offeror\/contractor.\n\n(b)  By submission of its offer, the offeror, if other than an individual, who\nis making an offer that equals or exceeds $25,000, certifies and agrees, that\nwith respect to all employees of the offeror to be employed under a contract\nresulting from this solicitation, that, it will--no later than 30 calendar days\nafter contract award (unless a longer period is agreed to in writing), for\ncontracts of 30 calendar days or more performance duration; or as soon as\npossible for contracts \n\n                                          24\n\n                                                                N00024-93-E-8521\n\n\nof less than 30 calendar days performance duration, but in any case, by a date\nprior to when performance is expected to be completed--\n\n     (1)  Publish a statement notifying such employees that the unlawful\nmanufacture, distribution, dispensing, possession or use of a controlled\nsubstance is prohibited in the Contractor's workplace and specifying the actions\nthat will be taken against employees for violations of such prohibition;\n\n     (2)  Establish an ongoing drug-free awareness program to inform such\nemployees about-\n\n          (i)   The dangers of drug abuse in the workplace;\n\n          (ii)  The Contractor's policy of maintaining a drug-free workplace;\n\n          (iii) Any available drug counseling, rehabilitation, and employee\nassistance programs; and\n\n          (iv)  The penalties that may be imposed upon employees for drug abuse\nviolations occurring in the workplace;\n\n     (3)  Provide all employees engaged in performance of the contract with a\ncopy of the statement required by subparagraph (b)(l) of this provision;\n\n     (4)  Notify such employees in writing in the statement required by\nsubparagraph (b)(l) of this provision, that as a condition of continued\nemployment on the contract resulting from this solicitation, the employee will-\n\n          (i)  Abide by the terms of the statement; and\n\n          (ii) Notify the employer in writing of the employee's conviction under\na criminal drug statute for a violation occurring in the workplace no later than\n5 calendar days after such conviction;\n\n     (5)  Notify the Contracting Officer in writing within 10 calendar days\nafter receiving notice under subdivision (b)(4)(ii) of this provision, from an\nemployee or otherwise receiving actual notice of such conviction.  This notice\nshall include the position title of the employee; and\n\n     (6)  Within 30 calendar days after receiving notice under subdivision\n(b)(4)(ii) of this provision of a conviction, take one of the following actions\nwithin respect to any employee who is convicted of a drug abuse violation\noccurring in the workplace:\n\n          (i)  Take appropriate personnel action against such employee; up to\nand including termination; or\n\n                                          25\n\n                                                                N00024-93-E-8521\n\n          (ii) Require such employee to satisfactorily participate on a drug\nabuse assistance or rehabilitation program approved for such purposes by a\nFederal, State, or local health, law enforcement, or other appropriate agency.\n\n     (7)  Make a good faith effort to maintain a drug-free workplace through\nimplementation of subparagraphs (b)(l) through (b)(6) of this provision.\n\n(c)  By submission of its offer, the offeror, if an individual who is making an\noffer of any dollar value, certifies and agrees that the offeror will not engage\nin the unlawful manufacture, distribution, dispensing, possession, or use of a\ncontrolled substance in the performance of the contract resulting from this\nsolicitation.\n\n(d)  Failure of the offeror to provide the certification required by paragraphs\n(b) or (c) of this provision, renders the offeror unqualified and ineligible for\naward.  (See FAR 9.104-l(g) and 19.602-l(a)(2)(i).)\n\n(e)  In addition to other remedies available to the Government, the\ncertification in paragraphs (b) or (c) of this provision concerns a matter\nwithin the jurisdiction of an agency of the United States and the making of a\nfalse, fictitious, or fraudulent certification may render the maker subject to\nprosecution under Title 18, United States Code, Section 1001.\n\nFAR SUPP 252.219-7000    SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION\n     (DoD CONTRACTS) (DEC 1991)\n\n(a)  DEFINITION.\n\n'Small disadvantaged business concern', as used in this provision, means a small\nbusiness concern, owned and controlled by individuals who are both socially and\neconomically disadvantaged, as defined by the U.S. Small Business Administration\nat 13 CFR Part 124, the majority of earnings of which directly accrue to such\nindividuals.  This term also means a small business concern owned and controlled\nby an economically disadvantaged Indian tribe or Native Hawaiian Organization\nwhich meets the requirements of 13 CFR 124.112 or 13 CFR 124.113, respectively. \nIn general, 13 CFR Part 124 describes a small disadvantaged business concern as\na small business concern -\n\n(1)  Which is at least fifty-one percent unconditionally owned by one or more\n     socially and economically disadvantaged individuals; or\n\n(2)  In the case of any publicly owned business, at least fifty-one percent of\n     the voting stock is unconditionally owned by one or more socially and\n     economically disadvantaged individuals, and\n\n(3)  Whose management and daily business operations are controlled by one or\n     more such individuals.\n\n(b)  REPRESENTATIONS.\n\n                                          26\n\n                                                                N00024-93-E-8521\n\nCheck the category in which your ownership falls --\n\n___  Subcontingent Asian (Asian-Indian) American (U.S. citizen with\n     origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or\n     Nepal)\n\n___  Asian Pacific American (U.S. Citizen with origins from Japan,\n     China, the Philippines, Vietnam, Korea, Samoa, Guam, U.S. Trust\n     Territory of the Pacific Islands (Republic of Palau), the Northern\n     Mariana Islands, Laos, Kampuchea (Cambodia), Taiwan, Burma,\n     Thailand, Malaysia, Indonesia, Singapore, Brunei, Republic of the\n     Marshall Islands, or the Federated States of Micronesia)\n\n___  Black American (U.S. Citizen)\n\n___  Hispanic American (U.S. Citizen with origins from South America,\n     Central America, Mexico, Cuba, the Dominican Republic, Puerto Rico,\n     Spain or Portugal)\n\n___  Native American (American Indians, Eskimos, Aleuts, or Native\n     Hawaiians, including Indian Tribes or Native Hawaiian\n     Organizations)\n\n____ Individual\/concern, other than one of the preceding, currently\n     certified for participation in the Minority Small Business and\n     Capital Ownership Development Program under section 8(a) of the\n     Small Business Act\n\n___ Other\n\n\n(c)  CERTIFICATIONS.\n\n     Complete the following --\n\n     (1)  The offeror is     is not   X  a small disadvantaged business concern.\n                        -----        ---\n     (2)  The Small Business Administration (SBA) has ____ has not _____ made a\ndetermination concerning the offeror's status as a small disadvantaged business\nconcern.  If the SBA has made such a determination, the date of the\ndetermination was ____ and the offeror--\n\n___   Was found by SBA to be socially and economically disadvantaged and\n      no circumstances have changed to vary that determination\n\n___   Was found by SBA not to be socially and economically disadvantaged\n      but circumstances which caused the determination have changed.\n\n(d)  NOTIFICATION.\n\n                                          27\n\n                                                                N00024-93-E-8521\n\nNotify the Contracting Officer before contract award if your status as a small\ndisadvantaged business concern changes.\n\n(e)  PENALTIES AND REMEDIES.\n\nAnyone who misrepresents the status of a concern as a small disadvantaged\nbusiness for the purpose of securing a contract or subcontract shall--\n\n(1)  Be punished by imposition of a fine, imprisonment, or both;\n\n(2)  Be subject to administrative remedies, including suspension and disbarment;\nand\n\n(3)  Be ineligible for participation in programs conducted under the authority\nof the Small Business Act.\n\n\n                                          28\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[7558,9167],"corporate_contracts_industries":[9451,9477],"corporate_contracts_types":[9613,9615],"class_list":["post-42594","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-fmc-corp","corporate_contracts_companies-united-defense-industries-inc","corporate_contracts_industries-manufacturing__chemicals","corporate_contracts_industries-aerospace__vehicles","corporate_contracts_types-operations","corporate_contracts_types-operations__govt"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42594","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42594"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42594"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42594"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42594"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}