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ADDENDA to FAR 52.212-4 Contract Terms and Conditions – Commercial Items
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ADDENDA to FAR 52. 212-4 Contract Terms and Conditions – Commercial Items
Addenda to Paragraph (c) is hereby tailored as follows:
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as paying office, appropriation data, etc., which may be changed unilaterally by the Government.
Paragraph (n) is hereby tailored as follows:
(n) Title. Unless specified elsewhere in this contract, title to items furnished by this contract shall pass to the government upon acceptance, regardless of when or where the Government takes physical possession. Title for commercially-available-off-the-shelf (COTS) Software is exempt from this paragraph. The terms and conditions of the Software Licensing Agreement shall prevail in lieu thereof.
FAR 52. 212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JAN 2017)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52. 215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4. 7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
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(i) 52. 203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U. S. C. 3509).
(ii) 52. 219-8, Utilization of Small Business Concerns (Oct 2014) (15 U. S. C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650, 000 ($1. 5 million for construction of any public facility), the subcontractor must include 52. 219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52. 222-17, Nondisplacement of Qualified Workers (May 2014) (E. O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52. 222-17.
(iv) 52. 222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52. 222-26, Equal Opportunity (Sep 2016) (E. O. 11246).
(vi) 52. 222-35, Equal Opportunity for Veterans (Oct 2015) (38 U. S. C. 4212).
(vii) 52. 222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U. S. C. 793).
(viii) 52. 222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E. O. 13706).
(ix) 52. 222-37, Employment Reports on Veterans (Feb 2016) (38 U. S. C. 4212).
(x) 52. 222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E. O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52. 222-40.
(xi) 52. 222-41, Service Contract Labor Standards (May 2014), (41 U. S. C. chapter 67).
(xii) ____ (A) 52. 222-50, Combating Trafficking in Persons (Mar 2015) (22 U. S. C. chapter 78 and E. O. 13627).
___ (B) Alternate I (Mar 2015) of 52. 222-50 (22 U. S. C. chapter 78 E. O. 13627).
(xiii) 52. 222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U. S. C. chapter 67. )
(xiv) 52. 222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U. S. C. chapter 67)
(xv) 52. 222-54, Employment Eligibility Verification (Oct 2015).
(xvi) 52. 222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E. O. 13658).
(xvii) 52. 222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500, 000 for solicitations and resultant contracts issued after April 24, 2017).
Note to paragraph (b)(1)(xvi): By a court order issued on October 24, 2016, 52. 222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xviii) 52. 222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).
(xix) 52. 225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U. S. C. 2302 Note).
(xx) 52. 226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U. S. C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52. 226-6.
(xxi) 52. 247-64, Preference for Privately-Owned U. S. Flag Commercial Vessels (Feb 2006) (46 U. S. C. Appx 1241(b) and 10 U. S. C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52. 247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
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