Free Motion for Summary Judgment - District Court of Federal Claims - federal

Case 1:98-cv-00868-FMA

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SECZ-ION-H 2. Hasno obligation with regardto restoration or rehabilitation of the contractor's premises,either in caseof abandonment, disposition on completionof needor of the contract,or otherwise, except restorationor rehabilitation costsproperlyincluded an for in equitable adjustment underparagraph or e above. b

H.13 POSTAL SERVICEPROPERTY FURNISHED "AS IS" (Clause2-14) (October1987) a. ThePostal Service makes warrantywhatsoever no with respect to Postal Service property furnished"as is" exceptthat the propertyis in the same conditionwhen placedat the f.o.b, point specifiedin the solicitation as when inspected the contractorpursuant the solicitation or (if by to not inspected the contractor)as when availablefor inspection by last under solicitation. the b. Thecontractor may repair any property made available to the contractor "as is." Repair will be at the contractor's expense exceptwhen otherwiseprovidedin this clause. Such property maybe modified at the contractor's expense,but only with the written permissionof the contractingofficer. Anyrepair or modificationof propertyfurnished"as is" doesnot affect the title of the Postal Service. c. If there is anychange (between tir~e inspected last available for inspectionunder the or this solicitation to the time placedon bo&rd the location specifiedin this solicitation) in the at conditionof PostalService propertyfurnished is" that will adversely "as affect the contractor,the contractormust,upon receipt of the property, notify the contractingofficer of that fact, and(as directedby the contractingofficer) either (1) return the propertyat the expense the Postal of Service otherwise or dispose it, or (2) effect repairsto return it to the conditionit waswhen of inspected under solicitation, or (if not inspected) it was the last dayit wasavailablefor the as on inspectionunderthe solicitation. Upon completion (1) or (2) above,the contractingofficer, of upon written requestfromthe contractor,will equitablyadjust anycontractualprovisionsaffected by the return, disposition, or repair, in accordance with the Changes ctause. Theforegoing provisionsfor adjustment exclusive,andthe PostalServiceis not liable for anydelivery of are PostalService propertyfurnished"as is" in a conditionother than that in whichit wasoriginally offered. d. Except otherwiseprovidedin this clause, Postal Servicepropertyfurnished"as is" is as govemed the Postal ServicePropertyclauseof this contract. by FOR DEFECTIVECOSTOR PRICING DATA H.14 PRICE REDUCTION (Clause5-22) (July 1995) a. If any price, including profit or fee, negotiatedin connectionwith this contract, or modificationto this contract, or anycost reimbursable underthis contract, wasincreased any by significant amount because

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1. Thecontractor or subcontractor furnished cost or pdcing data that were not complete, accurate,andcurrent as of the date of final agreement pdce; on 2. A subcontractoror prospective subcontractorfurnished the contractor cost or pricing data that werenot complete, accurate, and current as of the date of final agreement price; or on 3. Anyof theseparties furnisheddata of anydescriptionthat werenot at.curate- then the pdce cost will be reduced or accordingly the contractwill be modified reflect the and to reduction. b. Anyreductionin the contract price underparagraph above to defective data from a a due prospectivesubcontractor that wasnot awarded subcontractwill be limited to the amount, the plus applicableoverhead profit markup, which actual subcontract, the actual cost to and by the or the contractor if there wasno subcontract, wasless than the prospective subcontractcost estimatesubmitted the contractor (providedthat the actual subcontract by price wasnot itself affectedby defectivecost or pdc{ng data). H.15 SUBCONTRACTOR ORPRICINGDATA(Clauee S-23) (October 1987) COST a. Before awarding any subcontractor pricing any subcontractmod~cation, contractor the mustrequire the subcontractor submit~st or pricing data whenever or pricing data are to cost required by chapter 5 of the USPS Procurement Manual. b. If the subcontractor required to submitcost or pricing data underparagraph above, is a then the contractor mustinsert the substance this clause, including this paragraph in the of b, subcontract. H.16 BANKRUPTCY (Clause 6-1) (January 1991) In the event the contractor enters into proceedings relating to bankruptcy,whether vofuntary involuntary,the contractorwiil furnish, by certified mail, written notification of the or bankruptcy the contractingofficer responsible administering contract. Thenotification to for the mustbe furnished within five days of the initiation of the bankruptcyproceedings." The notification mustinclude the date on whichthe bankruptcy petition wasfiled, the court in which the petition was fi~ed, anda ~ist of PostalService contracts contracting and officers for all Postal Servicecontracts for whichfinal payment not yet beenmade. has This obligation remains ¯ in effect until final payment this contract. under H.17 ADDITIONAL BOND SECURITY (Clause 7.2) (October 1987) If any surety furnishing a bond connection in with this contract becomes unacceptable to the Postal Serviceor fails to furnish reports on its financial condition as requestedby the contractingofficer, or if the contractprice increases the point where security furnished to the becomes inadequate the contracting officer's opinion, the contractor mustpromptlyfurnish in additional security as required to protect the interests of the Postal Serviceandof persons supplying labor or materials performance this contract. in of Page52of99 pages September30, 1995

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H.18 DEPOSITOF ASSETSINSTEADOF SURETY BONDS (Clause7-3) (December 1989) a. If the contractorhasdeposited assetsinsteadof furnishing sureties for anybondrequired under this contractandthe assetsare in the formof checks, currency,or drafts, the contracting officer wilt holdthe assets an account the contractor's in for benefit. b. Upon contract completion,the contractor's funds will be returned as soonas possible, unlessthe contractingtracer determines/hat or all of the account requiredto compensate part is the PostalServicefor costsit incurs as a result of/he contractor'sdelay, default, or failure to perform.In sucha case,the entire account will be available to compensate PostalService. the H,19 INSURANCE (Clause 7-4) (June 1988) a. Duringthe termof this contract andanyextension,the contractormustmaintainat its own expense insurance the required this by clause. Insurance companies be acceptablethe must to Postal Service, Policies include terms provisions must all and requiredthe by Postal Service. Thecontractor mustmaintain and fumishevidenceof workers' compensation, employers' b. liability insurance, the following and general p..u.blic liability and automobile liability insurance: BodilyInjury Property Damage $10,000per occurrence $10,000aggregate

General$100,000per person Liability $500,000 accident per

Automobile$100,000per person $10,000per occurrence Liability $500,000per accident $10,000aggregate This coverageis in addition to the special asbestosand lead abatement general liability insurance required Attachment per 1.5, d. Each policy must includesubstantiallythe followingprovision: "It is a conditionof/his policy that the company furnish written notice to the U.S. Postal Service30 daysin advance the effective date of anyreductionin or cancellationof this of policy''. e. Thecontractor mustfurnish a certfficate of insuranceor, if requiredby the contracting officer, true copies- of liability policies and manuallycountersignedendorsements any of changes. Insurancemustbe effective, and evidenceof acceptableinsurancefurnished, before beginningperformance underthis contract. Evidence renewalmustbe furnishednot later than of five daysbeforea policy expires.

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f. The maintenance insurance coverageas required by this cJauseis a continuing of obligation, andthe lapse or termination of insurancecoverage without replacement coverage ..... being obtained wilt be groundsfor termination for default. ) H.20 FEDERAL, STATE,ANDLOCAL TAXES (SHORT FORM) (Clause 7-7) (June Except this contract may as otherwiseprovide, the contract price includesall applicable Federal,State, andlocal taxesandduties in effect on the contractdatebut doesnot includeanytaxesfrom whichthe Postal Service, the contractor, or this transactionis exempt. Upon request of the contractor,the Postal Servicemustfurnish a tax exemption certificate or similar evidence of exemption any tax not includedin the c.~ntract pr/ce. "Contractdate" means date of from the the contracto(sproposalor quotationor, if no proposalor quotation, the date of this purchase order. -

H.21 CONFLICT INTEREST OF (Clause 8-2) (October 1987) a. In addition to the obligations embodied the contractor's codeof ethics, the contractor in specifically agrees that there is no conflict of interest arising fromthe servicesto be provided under this agreement. contractorfurthe..,r.agreesthat no employee, The principal, or anysuchconflict. . b. Thecontractor will immediately notify the contracting officer whenever non-Postal any Service client requestsor receives .any professional advice, representation, or assistance regarding the Postal Service, whetheror not related to the services provided under this agreement. c. ThePostal Servicereservesthe right to refuse to allow the contractor to undertake any conflicting agreements non-PostalServiceclients,- or to terminatethis agreement with without costto the PostalService the contracting if officer determines a conflict of interest exists. that H.22 RECORDS OWNERSHIP (Clause 8-5) (October 1987) Notwithstandingany State law providing for retention of rights in the records, the contractor agrees that the Postal Servicemay,at its option, demand take without additional and compensation recordsrelating to the services providedunderthis agreement. contractor all The mustturn over all such records uponrequest but mayretain copies of documents produced by the contractor. H.23 ORGANIZATIONAL CONFLICT INTEREST OF (Clause 8-14) (October 1987) Note:Thefollowingclausewill be included anycontractresulting fromthis solicitation unless in an alternativeis submitted negotiated the satisfactionof the PostalService. and to

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Case 1:98-cv-00868-FMA SOLICITATION: 162640-96-A-0281 a. Definitions 1.

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"Contractor"means organizationsigning this agreement. the

2. "System supplier" means firm furnishing to the Postal Serviceor its contractors any as a primecontractor any productionor development hardware softwarecomponents of or or subassembly a system;or sucha firm's subsidiaries, its parent corporation,or any of subsidiaryof the parentcorporation. 3. "Affiliates" means parentcorporation, parent corporationsubsidiaries, any entity into or with whichthe contractor maysubsequently merge,or any other successoror a.ssignee the contractor. of b. WarrantyAgainst Existing Conflict of Interest. Thecontractor warrants and represents that, to the bestof its knowledge belief, it doesnot presently and haveanyorganizational conflict of interest that woulddiminishits capacityto provide impartial, technically sound,objectiv e researchassistance advice, or wouldresult in a biasedworkproduct, or mightresult in an or unfair competitiveadvantage, exceptadvantages flowing from the normalbenefits of performing this agreement. c. Restrictions on Contracting. Thecontractor agrees that, during the term of this agreement, any extensions thereto, and for a period of two years thereafter, neither the contractor its affiliates will enterinto any.c~ntracts the system nor with suppliers ..: 1. " Under which contrac[oror its affiliates will sell anysystem, the equipment, major or componentthereof for which .the contractor prepared any work statements or specifications, or conducted studiesor performed task underthis agreement; any or 2. To provide any research,support, analysis, or consulting services for whichthe contractor preparedany work statementsor specifications, or conductedstudies or performed task underthis agreement. any Notwithstanding foregoing,the contractoris the not precluded from furnishing to the Postal Serviceor the U.S. Government support, any analysis,or consultingservicerelated to anysystem. d. Information Exclusion.Thecontractor agreesthat du~ng term of this agreement, the any extensions thereto,andfor a periodof twoyearsthereafter,neitherthe contractor its affiliates nor will consult with or discusswith the system suppliers any aspectof the workof this agreement exceptas is necessary the performance the workhereunder. for of e. PossibleFutureConflicts of Interest. Thecontractor agreesthat, ff after award this of agreement, discovers organizational it any conflict of interest that would diminishits capacityto provideimpartial, technicallysound, objective research assistance advice,or would or resutt in a biased work product, or might result in an unfair competitive advantage,except advantages flowing from the normalbenefits of performingthis agreement, contractor will make the an immediate full disclosurein writing to the contracting and officer, includinga descriptionof the action the contractorhastakenor proposes take to avoid, eliminate,or neutralizethis conflict to of interest. Page55 of 99 pages
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Nondisclosure ProprietaryData of 1. Thecontractor recognizesthat, in performingorders underthis agreement, may it receive information submittedon a proprietary basis by the systemsuppliers. To the extentthat andfor as longas this information proprietaryandis identified as such,the is contractor agreesto use andexamine exclusively in the performance these orders it of andto take the steps necessary preventits disclosureto any third party without the to prior written consent the contracting of officer. 2. The contractor agrees to indoctrinate its personnel whowill have access to proprietaryinformation to the proprietarynatureof the information,andthe relationship as under whichthe contractorhaspossession this information. of 3. Thecontractor agreesto limit accessto the proprietary information obtained, generated, derived; andto limit participation in the performance ordersunderthis or of agreement those employees to whose services are necessary performingthem. for

g. Postal Remedy. the contractor breaches violates any of the warranties, covenants, If or restrictions, disclosures, nondisclo.,sure~"set under or forth this Organizational Conflictof Interest clause, the Postal Servicemay termiriate this agreement, addition to anyother remedy may in it have damages injunctive relief. for or H.24 AUTHORIZATION CONSENT AND (Clause 9-2) (October 1987) a. Research Development and Work.ThePostal Service authorizes andconsentsto all use and manufacture any invention coveredby a U.S. patent in the performance research, of of development, experimentalwork called for, or performed a necessary or as activity, in the performance this contractor anysubcontract, anytier. of at b. Supplies andConstruction.ThePostal Service authorizes and consentsto all use and manufacture anyinventioncovered a U.S. patentin performing of by this contractor subcontract, at any tier, thatis: 1. Embodied the structure or composition any article, the delivery of whichiS In of accepted the PostalServiceunderthis contract; or by 2. Usedin machinery, tools, or methodswhoseuse necessarily results from compliance the contractoror subcontractor (a) specificationsor written provisions by with forming part of this contractor (b) specific written instructionsgivenby the contracting a officer directing the manner performance. of c. Determination Liability. The of liability of the PostalServicefor patentinfringement for or the unauthorized of anypatent will be determined the provisionsof any patent indemnit~ use by clauseincludedin this contractor in anysubcontract under this contract(at anytier) andby any
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indemnLScation warranty (express or implied) otherwise provided by the contractor or subcontractor similar products serviceswhen for or suppliedto commercial buyers. d. Flowdown. contractor mustinclude, andrequire inclusion of, this clause, suitably The modified identify the parties, in all subcontracts th!s contractat anytier that are expected to under to exceed $50,000. H.25 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (Clause 9-3) (October 1987) a. Thecontractormust report to the contractingofficer, in writing, promptly in reasonable and detail, anynotice, claim, or suit regarding patentor copyrightirrh'ingement unauthorized (or use of a patentor copyright)based performance this contract. on of b. At the contracting officer's request, the contractor mustfurnish all evidenceand information its possession in pertainingto the suit or claim. Theevidence informationwill be and furnished at the expenseof the Postal Service except when the contractor has agreedto indemnify Postal Service. the c. This clausemustbe includedin all subcontractsunderthis contract, at any tier, over $50,000. H.26 PATENT INDEMNITY (Clause 9.4..) (O~tober 1987) a. Exceptas providedin paragraph below,the contractor indemnifiesthe Postal Service, d its employees, its agents and againstliability, includingcostsandfees, for patentinfringement (or unauthorized use) arising fromthe manufacture, or delivery of supplies, the performance use, of services,the construction alteration of real property,or the disposalof propertyby or for the or Postal Service, if the supplies, services, or property (with or without relatively minor modifications- havebeenor are being offered for sale or use in the commercial marketplace by the contractor. b. ThePostal Servicemustpromptlynotify the contractor of anyclaim or suit subject to the indemnity paragraph above of a alleging patent infringement unauthorized of a patent. or use c. Tothe extent allowedby law, the contractor may participate in the defense anysuit to of whichthis clauseapplies. d. This indemnification doesnot applyto: 1. Infringements for the unauthorized use of a private patent coveredby this indemnity resulting fromthe contractingofficer's specific vcritten directions, compliance with whichrequiresan infringement;or 2. Infringementor unauthorized claims that are unreasonably use settled without the contractor's consent before litigation.

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e. This clausemustbe included in all subcontracts underthis contract, at any tier, over $50,000. H.27 PARTICIPATION OF SMALL, MINOPJTY-OWNED, AND WOMAN-OWNED BUSINESSES (Clause 10-1) (December 1989) a. Thepolicy of the PostalServiceis to encourage participation of small, minority-owned, the andwoman-owned businesses its purchases supplies andservices to the maximum in of extent practicable consistentwith efficient contract performance. contractor agrees follow the The to same policy in performing contract. this b. Thecontractorwill submita report to the contractingofficer within 10 calendar daysalter the end of each quarter, describing all subcontract awardsto small, minority-owned, or woman-owned businesses.Thecontractor agreesto cooperatein any studies or surveysrelated to small, minority-owned,and woman-owned businesssubcontractingthat maybe conducted by the Postal Service. H.28 SMALL, MINORITY-OWNED,AND WOMAN-OWNED BUSINESS SUBCONTRACTING REQUIREMENTS (Clause 10-2) (February 1992) Definitions 1. "Affiliates" means busiri~ssesconnected the fact that onecontrols or has the by power control the other, or a third party controls or hasthe power control both. ¯ to to Factors such as common ownership,common management, contractual relationships and mustbe considered.Franchiseagreements not considered are evidenceof affiJiation if the franchisee a right to profit in proportion its ownership bearsthe risk of loss has to and or failure. 2. "Commercial product" means product in regular production that is sold in a substantial quantities to the generalpublic and/or industry at establishedcatalog or market prices. Asused this clause,it also means product in any that, in the opinionof the contracting officer, differs only insignificantly fromthe contractor's commercial product. 3. "Dominant" means being a controlling or major influence in a marketin whicha number businessesare primarily engaged.Factors such as business volume;number of of employees; financial resources; competitiveness; ownership control of materials, or processes, patents,andlicense agreements; facilities; sales territory; andnatureof the businessmustbe considered. 4. "Minority-owned business"means businessconcernat least 51 percent of which a is owned and whose by, management daily businessoperations are controlled by, and one or more members a socially and economically disadvantagedminodty group, of namely,U.S. citizens whoare Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, or Asian-Indian Americans. ("Native Americans" means American Indians, Eskimos, Aleuts, andNative Hawaiians. "Asian-Pacific Americans" are U.S. citizens whoseorigins are Japanese,Chinese, Filipino, Vietnamese,Korean,
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SOLICITATION: 162640-96-A-0261 Samoan, Laotian, Kampuchean, Taiwanese in the U.S. Trust Territories of the Pacific or Islands. ,'Asian-indian .Americans" U.S. citizens whose are origins are in the Indian Subcontinent.) 5. "Numberof employees"meansaverage employment (including domestic and foreign affiliates), based the number peopleemployed on of (whether full-time, part-time, or temporary),during eachpayperiod of the preceding months, if the business 12 or, has been existence in less than 12 months, duringeachpayperiod of its existence. 6, "Small business" means business, including affiliates, that is independently a owned operated,is not dominant producing performingthe supplies or services and in or being purchased, has no morethan 500employees, and unless a different size standard has beenestablishedby the SmallBusiness Administration(see 13 CFR 121, particularly for different size standardsfor airline, railroad, and construction companies). For subcontracts of $50,000or less, a subcontractor having no morethan 500 employees qualifies as a smallbusiness withoutregard other factors. to 7. '%'Voman-owned business"means businessat least 51 percent of whichis owned a by a woman women) is a U.S. citizen, controls the firm by exercisingthe power (or who make policy decisions,andoperates business beingactively involvedin day-to-day the by management. 8. "Subcontract" means any agreement (other than -one involving an employer-employee relationship) entered into by a Festa( Service contractor subcontractor ceiling for suppliesor servicesrequiredfor performance the contractor of subcontract. b. All offerors whoare not small businessesmustsubmit and negotiate a subcontracting plan that separately addressessubcontracting vdth small, minority-owned,and woman-owned businesses, This plan will be includedin andmade part of the contract. Thesubcontracting a planmustbe negotiated within the tim.e specifiedby the contractingofficer. Failureto submitand negotiate subcontracting will make offeror ineligible for award. the plan the c. Theofferor's subcontracting must plan includethe following: 1, Goals,in termsof percentages total planned of subcontracting dollars, for the use of Small, minority-owned woman.o~med and busi,'~esses. Theofferor m,.,st include all subcontractsthat contribute to contract performance, mayinclude a proportionate and shareof suppliesandservicesthat are normally allocetedas indirect costs. 2, A statement the of (a) Total dollars planned be subcontracted; to and

(b) Total dollars plannedto be subcontractedto small, minority-ownedand woman-owned businesses.

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(c) The plan mayalso include goals for small and w0man-owned business participation. 3. A descriptionof the principal typesof suppliesandservicesto be subcontracted, ~d=~u,yi u "- t'~es --':~ '-- u ~= plannedfor subcontracting to small, m~non~-owneo, and woman-owned businesses. 4. A descriptionof the method to develop subcontracting used the goals.

5. ,A description of the method used to identify potential sourcesfor solicitation purposes. 6. A statement as to whetherthe offer included indirect costs in establishing subcontracting goals, anda descriptionof the method usedto determine proportionate the share of indirect costs to be incurred with small, minority-owned,and woman-owned businesses. 7. Thename the individual employed the offeror who of by will administerthe offeror's subcontracting program, a descriptionof the individual's duties. and 8. A des~ption efforts the off6ror will make ensurethat small, minority-owned, of to and woman-owned businesses have an equitable opportunity to compete for subcontracts. 9. Assurances the offerwilt (a) includethis clausein all subcontracts that expected exceed $50,000;and (b) require all subcontractors receiving subcontractsin excess $1,000,000 ($500,000 construction)to adopta plan similar to the plan agreed by the for to offeror. 10. A recitation of the types of records the offeror will maintain to demonstrate procedures adoptedto complywith the requirements goals in the plan. Therecords and must include at least the following (on a. plant-wide or company-wide basis, unless otherwise indicated): (a) Source lists, guides, and other data identifying small, minority-owned, and woman-owned businesses. (b) Organizations contacted In an attempt to locate sourcesthat are small, minority-owned,and woman-owned businesses. (c) Records eachsubcontractsolicitation resulting in an award morethan on of $100,000, indicating whether small, minority-owned, and woman-owned businesses weresolicited and ff not, whynot, andwhetheraward wasmade a to small, minority-owned, woman-owned or business.

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(d) Recordsto support subcontract awarddata, including the name,address, and business size of each subcontractor. Contractors having company-or division-wide annualplans need comply not with this requiremenL d. In orderto implement planeffectively, the contractormust this takethe followingsteps: 1. Assist small, minority-owned, and woman-owned businesses by arranging solicitations, time for proposalpreparation, quantities, specff]catior)s, anddelivery schedules as to facilitate their participation. When contractor'slists of potential so the small, minority-owned,andwoman-owned businesssubcontractorsare excessively long, reasonable effort shouldbe made give all suchbusinesses opportunity to compete to an over a periodof time. 2. Consider.the abilities of small, minoriiy-owned,and woman-owned businesses in all "make-or-buy" decisions. 3. Counsel discusssubcontractingopportunities with representativesof small, and minorRy-owned, woman-owned and businesses. e. A mastersubcontracting plan on a plant- or division-wide basis containingall the elements required by ~saragraph above,exceptgoals, may incorporated.by referenceas par[ of the ¢ be subcontracting requiredby this clause,p~'~~'ided plan 1. Themasterplan has beenapproved;

2. Theofferor providesto the contracting officer copiesof the approved masterplan andevidenceof approval; and 3. Goals and any deviations from the master plan deemed necessary by the contracting officer to satisfy the requirements this contractare set forth in the individual of subcontracting plan. £ If a commercial product is offered, the subcontractingplan required by this clause may relate to the offeror's productiongenerally, for both commercial noncommercial and products, " rather than solely to the Postal Service contract. In these cases, the offeror may,with the concurrence the contractingofficer, submitonecompany-wide division-wideannualplan. of or 1. Theannualplan mustbe reviewedfor approval by the Postal Service purchasing office awarding offeror its first primecontractrequiring a subcontracting during the plan thefiscal year. 2.~ Theapproved must plan remain effect duringthe offeror's fiscal year for all of the in offeror's commercial products. g. Thecontractor mayrely on written representations by subcontractorsregarding their statusas small, minority-owned woman-owned or businessconcerns.

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h. In determining offeror'a responsibility, the contracting the officer may consider offeror's the compliance with subcontracting plans underpreviouscontracts. i. Failure of the contractor or subcontractor comply goodfaith with this clauseor an to in approved requiredby this clauseMII be a materialbreaoh the contract. plan of H.29 CONVICT LABOR (Clause 10-3) (October 1987) In connection With the workunderthis contract, the contractor agreesnot to employ any person undergoing sentence of imprisonment, except as provided by Public Law 89-176, September 1965(18 U.S.C. 4082(c)(2)) andExecutiveOrder11755,December 10, 29, H.30 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--OVERTIME COMPENSATION (Clause 10.4) (April 1989) a. Overtime Requirements. contractor or subcontractorcontracting for any part of the No contract workmay require or permit any laborer or mechanic workmorethan 40 hoursin any to workweek work subject to the provisions of the Contract WorkHoursand Safety Standards on ACt, unless the laborer or mechanic i~eceives compensationat a rate not less than one-and-one-half times the laborer's or mechanic's basic rate of payfor all suchhoursworked in excessof 40 hours. " ': b. Violation, L~ability for UnpaidWages, and Liquidated Damages. the event of any In violation of paragraph above, contractorandany subcontractor a the responsible the violation for are liable to any affected employee unpaidwages. contractor andsubcontractor also for The are liable to the PostalService liquidateddamages, for whichwill be computed eachlaborer or mechanic $10 for eachday on whichthe employee required for at was or permittedto workin violation of paragraph above. a c. Withholding for UnpaidWages Liquidated Damages. contracting officer may. and The withhold from the contractor, from any monies.payable the contractor or subcontractor to under this or anyother contractwith the same primecontractor,or anyother federally-assisted contract subject to the Contract WorkHoursandSafety Standards whichis held by the same Act prime contractor, sums may as administrativelybe determined necessary satisfy anyliabilities of the to contractor or subcontractorfor unpaidwages liquidated damages and pursuantto paragraph b above. d. Records. The contractor or subcontractor must maintain for three years from the completion of the contract for each laborer and mechanic (including watchmen guards) and workingon the contract payroll recordswhichcontainthe name, address,social security number, and classification(s) of eachsuch employee, hourly rates of wages paid, number daily and of weeklyhoursworked,deductionsmade, actual wages and paid. Thecontractor or subcontractor must make these records available for inspection, copying, or transcription by authorized representativesof the contracting officer andthe Department Labor, andmustpermit such of representatives to interview employees during working hours on the job. (The Department Laborinformation collection and record keepingrequirementsin this paragraphd havebeen IQC-C Page62 of gg pages September30, 1995

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SECTIONH approvedby the Office of Management Budgetunder OMB end control numbers 1215-0140 and 1215-0017.) e. Subcontracts.Thecontractor mustinsert paragraphs throughd of this clause in all a subcontracts, must and requiretheir inclusionin all subcontracts any.tier. at H,31 DAViS-BACON (Clause 10-5) Alternate I (Apd! 1989} ACT Minimum Wages 1. All mechanics laborers employed the contract work (other than maintenance and in workof a recurring, routine naturenecessary keepthe building ~r space conditionto to in be continuouslyusedat an establishedcapacity andeffidency for its intendedpurpose) mustbe paid unconditionally,andnot less than oncea week,without deduction rebate or (except for deductionspermitted by the Copeland Regulations (29 CFR Part 3)), amounts at the time of payment due computed rates not less than the aggregate the at of basic hourly rates andrates of payments, contributions, or Costsfor anyfringe benefits contained the wage-determination in decisionof the Secretaryof Labor., attachedhereto, regardlessof any contractual relationship alleged to exist between contractor, or the subcontractor and these laborers and me~.hanics.A copy of the wage-determination decisionmustbe kept posted the contractorat the site of the workin a prominent by place where can easily be seenby the it 2. Theco0tractcr may dischargeits obligation underthis clause to workersin any classff'icetion for whichthe wage4etermination decisioncontains (a) Only a basic hourly rate of pay, by makingpayment not less than that at rate, exceptas otherwiseprovidedin the Copeland Regulations CFR (29 Part 3);
or

(b)

Botha basic hourly rate of payandfringe-benefit payments, payingin cash,by by irrevocably contributing to a fund, plan, or program for, or by assuming an enforceable commitment bear the cost of, bonafide fringe benefits contemplated to by 40 U.S.C.276a,or by a combination these. of

3. Contributionsmade, costs assumed, other than a weeklybasis ~but not less or on often than quarterly) are consideredas having beenconstructively made a weekly for period. When fringe benefit is expressed a wage a in determination any manner in other than as an hourly rate and the contractor pays a cash equivalent er provides an alternative fringe benefit, the contractor mustfurnish informationwith the contractor's payrolls showing the contractor determined how that the cost incurred to make cash the payment to provide the alternative fringe benefit is equal to the cost of the or wage-determination fringe 5enefits. When contractorprovidesa fringe benefit dE-ferent the from that containedin the wage determiriation, the contractor mustshow the hourly how rate was arrived at. In the eventof disagreement to an equivalent anyfringe benefit, as of the contracting-officer mustsubmitthe question,togetherwith the contractingofficer's recommendation,the Secretary Laborfor final determination. to of
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4. If the contractor doesnot make payments a trustee or other third person,the to contractor mayconsider as payment wages of the costs reasonably anticipated in providingbona fide fringe benefits, but only with the approvalof the SecretaryOf Labor pursuantto a written requestby the contractor. TheSecretaryof Labormay require the contractorto set asideassetsin a separate account,to meet contractor's obligations the underany unfunded plan or program. 5. Thecontracting officer will require that any class of laborers so mechanics not listed in the wage-determination to be employed the contractwill be classified in but under conformance the wage-determination report the action taken to the Administrator with and of the Wage HourDivision, Employment and Standards Administration, U.S. Department of Labor,Washington, 20210-0001, approval.Thecontractingofficer will approve D.C. for an additionalclassification andwage andfringe benefitsthereforonly ifrate (a) Theworkto be performed the ¢lassiticetion requestedis not performed by by a classification in the wage-determination; (b The classificationis utilized in the areabythe construction industry;,and

(c) Theproposed wage r~ta, including any bonafide fringe benefits, bears reasonable relationship to the wage rates contained the wage in determination. 6. If the,contractor,the laborersor mechanics be employed the classification or to in their representatives, and the contracting officer do not agree on the proposed classification andwage rate andfringe benefits therefor, the contractingofficer must submitthe question,togetherwith the viewsof the interestedparties andthe contracting officar's recommendation,the Wage HourAdministrator final determination. to and for The Administrator authorized or representative will, within 30 daysof receipt, approve, modify, or disapprove every proposedadditional classification action, or issue a final determination the parties disagree,andso advisethe contractingofficer or advisethat if additional time is necessary.Thefinal approved wagerate (and fringe benefits if appropriate)mustbe paid to all workers performing workin the classification underthe contractfromthe first dayworkis performed the classification. Thecontractor in will posta copyof the final determination the conformance of action with the wage-determination at the site of the work. (The Department Laborinformation collection and reporting of requirementscontained in subparagraph aboveand in this subparagraph have a.5 a:6 been approvedby the Office of Management Budget under OMB and control number 121543140.) Apprenticesand Trainees 1. Apprentices be permittedto workonly when registered, individually, under may (a) a bonafide apprenticeship programregistered with a State apprenticeship agency recognized the Bureau Apprenticeship Training, U.S. Department Labor,or, if by of and of no suchrecognized agency exists in a State, undera program registered with the Bureau of Apprenticeship Training,or (b) if not individuallyregistered the program, and in certified
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-"-801~ICIT~T10.'-~6~264G'96-Aq~284 N

SECTIONH

by the Bureau Apprenticeshipand Training or State agency Of (as appropriate) to eligible for probationary employment an apprentice. Traineesmaybe permitted to as work only if individually registered in a programapprovedby the Employment and Training Administration,U.S. Department Labor. of 2. Theratio of apprentices to journeymen trainees to journeymen any craft or in classification must be greaterthan that permitted the contractor'sentire workforce not for underthe registered apprenticeship trainee program¯ or Apprentices trainees mustbe and paid at least the applicable wage rates and fringe benefits specified in the approved apprentioes~hip trainee program the particular apprentice'sor trainee's /ever of or for progress, expressedas a percentageof the journeyman hourly rate specified in the applicablewage-determination. the apprenticeship trainee program If or doesnot specify fringe benefits, apprentices traineesmustbe paid in the full amount fringe benefits or of listed on the wage-determination the applicableclassification unlessthe Administrator for of Wage HourDivision determines and that a different practice prevails. Anyemployee listed on a payroll at an apprentice trainee wage or rate but not registered,or performing workon the job site in excess the ratio permitted of underthe registeredprogram, mustbe paid the wage rate on the wage.determination the classification of work actually for performed.

3. If the Bureau Apprenticeshipand Training or State agency of recognizedby the Bureau(aa appropriate) withdrawsapproval of an apprenticeship program,or if the Employment Training Administration withdrawsapproval of a trainee program,the and contractorwill no longerbe permitted utilize apprentices trainees(as appropriate) to or less than the applicable predetermined rate for the workperformed until an acceptable program approved. is (See29 CFR 5.16 for special provisionsthat apply to training plans approved recognized the Department Laborprior to August20, 1975.) or by of 4. Theutilization of apprentices,trainees, andj0umeymen be in conformitywith must the equal employment opportunity requirementsof Executive Order11246,as amended, and 29 CFR Part 30. Overtime Compensation 1. Thecontractor maynot require or permit any laborer or mechanic employed any on workunderthis contract to workmorethan 40 hours in any workweek work subject to on the provisions of the ContractWorkHoursandSafety Standards (40 U.S.C.327-333), Act unless the laborer of mechanic receives compensationat a rate not less than one-and-one-haft times the laborer's or mechanic's basic rate of pay for all suchhours worked excess 40 hours. in of 2. For violations of subparagraph above,the contractor is liable for liquidated c.I damages, whichwill be computed each laborer or mechanic $10 for each day on for at whichthe employee required or permitted to work in violation of subparagraph was c.I .above. Page65 of 99pages - 222 September30."1,95

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3. The contracting officer maywithhold from the c~ntractor sums as mayadministrativelybe determined necessary satisfy any liabilities of the contractorfor to unpaidwages liquidated damages and pursuantto subparagraph above. c.2 d. Payroll andOther Records 1. For all laborers andmechanics employed the w~rkcovered this clause, the in by contractor mustmaintain payrolls andrelated basic records and preservethemfor a period of three years a~er contract completion. Therecords must contain the name, address, and social secudty numberof each employee, the employee's correct classification, rate of pay(includingratesof contributions cr costsassumed provide, for, to fringe benefits), the daily and weeklynumber hours worked,deductionsmade,and of actual wages paid. Whenever contractor has obtainedapprovalfrom the Secretaryof the Laborto assume commitment bear the cost of fringe benefits undersubparagraph a to a.4 above,the contractor mustmaintain records showing commitment its approval, the and communicationof the plan or programto the employeesaffected, and the costs anticipated or incurred underthe plan or program. Contractors employing apprenticesor trainees underapproved programs mustmaintainwritten evidence the registration of of apprenticeship programs certification of trainee programs, registration of the and the apprenticesand trainees, andthe. ~atios and wage rates prescribedin the applicable programs. . .: 2. The~,ontractor mustsubmit weekly, for eachweekin whichany work coveredby this clauseis performed, copyof all payrolls to the contracting a officer. The contractoris responsible the submission copiesof payrolls of all subcontractors. copymust for of The be accompanied a statement by signedby the contractor indicating that the payrolls are correct and complete,that the wage rates contained in themare not less than those determined the Secretaryof Labor, ,~nd that the classifications set forth for each by laborer or mechanicconform with the work the laborer or mechanicperformed. Submission the Weekly of Statement Compliance of (see 29 CFR 5.5(a)(3)(ii)) under this agreement satisfies this requirement. requiredby this clause,the contractor As mustsubmita copyof any approvalby the Secretaryof Labor. (TheDepartment Labor of information collection and reporting requirements this subparagraph havebeen in d.2 approved by the Office of Management and Budget under OMB control numbers 1215-0149.) 3. The contractor's records required under this clause must be available for inspectionby authorizedrepresentatives the contractingofficer andthe Department of of labor, and the contractor mustpermit the representative to interview employees dudng workinghourson the job. 4. Thecontractor mustcomplywith the Copetand Regulationsof the Secretary of Labor (29 CFR Part 3), which hereby are incorporated this contractby reference. in e. Withholding Funds.Thecontractingofficer may of withholdfrom the contractor underthis or anyother contractwith the contractor so much the accrued of payments advances is or as IQC-C Page 66 of 99 pages_ 223 "September 30,

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considerednecessary pay all laborers and mechanics full amount wages to the of required by this contract or any other contract subject to the Davis-Bacon prevailing wage requirements that is heldby the contractor. ,Subcontracts 1. If the contractor or any subcontractor fails to pay any laborer or mechanic employed the site of the work any of the ~'ages require~l by the contract, the on contractingofficer may, after written notice to the contractor,suspend further payments or advances the contractoruntil violations have to ceased. 2. Thecontractor agreesto insert this clause, including this paragraph in f, subcontracts hereunder. term "contractor," as usedin this clausein any subcontract, The is deemed refer to the lower-tier subcontractor. to g. Compliance with Davis-Bacon and Related ACt Requirements. All rulings and interpretations of the Davis-Bacon andrelated acts contained 29 CFR ACt in Parts 1, 3, and5 are hereby incorporated reference this contract. by in h. Certification Eligibility of .,....

1. . Byenteringinto this cont~:act,the contractorcertifies that neitherit nor anyperson or firm having interest in the contractor ineligible to be awarded an is contracts by'virtue of section3(a) of the Davis-Bacon or 29 CFR Act 5.12(a)(1 2. Nopart of this contract will be subcontracted anypersonor firm ineligible for to contractaward virtue of section3(a) of the Davis-Bacon or 29 CFR by Act 5.12(a)(1 3. Thepenalty for making false statements prescribedin the U.S. Criminal Code, is 18 U.S.C. !001. i. Contract Terminationand Debarment. breachof this Davis-Bacon clause maybe A ACt groundsfor termination of the contract and debarment a contractor andsubcontractoras as providedin 29 CPR 5.12. j. Disputes Concem{ng Labor Standards. Disputes arising out of the labor standards provisions of this contract are not subject to the ClaimsandDisputesclause. Theyvdl1 be resolvedin accordance the procedures the Department Laborset forth in 29 CFR with of of Parts 5, 6, and7. Disputeswithin the meaning this clauseinclude disputesbetween contractor of the (or any of its subcontractors)and the PostalService, the U.S. Department Labor, or the of employees their representatives. or

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H.32

CONTRACT WORKHOURSAND SAFETY STANDARDS ACT-SAFETY STANDARDS (Clause 10-7) (April 1989)

a. To the extent that the work includes construction, alteration, repair, painting, or decorating, the contractor may require any laborer or mechanic work in surroundings not to or underconditions that are unsanitary, hazardous, dangerous the laborer's or mechanic's or to health or safety, as providedunderstandardspromulgated the Secretaryof Laborunderthe by authority of 40 U.S.C.333(see 29 CFR 1910and1926). b. If the contractorfails to comply this clause,the PostalService,at its discretion, may with cancelthis contract, contract for the balance the workor term, andcharge the contractor of to anyadditionalcostsincurred. c. Thecontractoragrees insert this clause,including this paragraph in all subcontracts to c, andto requireits inclusionin all subcontracts anytier. Theterm"contractor,"as usedin this at clausein anysubcontract, deemed refer to the lower-tier subcontractor. is to H.33 EQUAL OPPORTUNITY (Clause 10-9) (October 1987) a. Thecontractor maynot dischminaieagainst employees applicants because race, or of color, religion, sex, or national origin. Thecontractorwill takeaffirmative action to ensure that applicants are employed, that employees treated during employment, and are without regard to race, color, religion, sex, or national origin. This action mustinclude, but not be limited to, employment, upgrading, demotion, transfer;, recruitmentor recruitmentadvertising; layoff or or termination; rates of pay or other formsof compensation; selection for training, including and apprenticeship.Thecontractor agrees post in conspicuous to places, available to employees and applicants, noticesprovided the contracting by officer setting forth the provisions this clause. of b. Thecontractormust,in all solicitations or advertisements employees for placedby it or on its behalf, state that al! qualified applicantswill be considered employment for withoutregardto race,color, religion, sex,or national origin. c. Thecontractor must send to each union or workers' representative with which the contractor has a colle~ve bargainingagreement other understanding, notice, providedby or a the contracting officer, advising the union or workers' representative of the contractor's commitments under this clause, and must post copies of the notice in conspicuousplaces available to employees applicants. and d. The contractor must complywith all provisions of Executive Order (EO) 11246 September 1965; as amended, of the rules, regulations, and relevant orders of the 24, and Secretaryof Labor. e. Thecontractor mustfurnish all information andreports required by the Executive Order, and by the rules, regulations, and orders of the Secretary, and must permit accessto the IQC-C Page 68 of 99 pages -

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f. If the contractorfails to comply this ctause with anyof Me with or said rules, regulations,or orders, this contract maybe canceled, terminated, or suspended, wholeor in part; the in contractor may declaredinel!gible for further contracts in accordance be w~ththe Executive Order, andother sanctionsmay imposed remedies be and invokedunderthe ExecutiveOrder, or by rule, regulation,or orderof the Secretary, as otherwise or provided law. by g. Thecontractor mustinsert this clause, including this paragraph in all-subcontracts or g, purchase ordersunderthis contract unlessexempted Secretaryof Laborrules, regulations, or by orders issuedunderthe ExecutiveOrder. Thecontractor musttake suchaction with respect to any such subcontract or purchaseorder as the Postal Service maydirect as a meansof enforcing the terms and conditions of this clause (including sanctions for noncompliance), provided, however, if the contractorbecomes that ir~volvedin, or is threatened litigation as a w~, result, the contractormay requestthe Postal Serviceto enter into the litigation to protect the interestsof the Posta( Service. h. Disputes underthis clausewill be governed the procedures 41 CFR by in 60-1.1.

H.34 AFFIRMATIVE ACTION COMPLIANCEREQUIREMENTSFOR CONSTRUCTION (Clause 10-10) (October1987) .,. Definitions ' 1. "Covered area" means geographic.at the areadescribed the solicitation for this in contract. 2. "Director" means Director, Office of Federal Contract Compliance Programs (OFCCP), United States Departmentof Labor, or any person to whom Director the delegates authority. 3. "Employer identification number" means FederalSocial Security number the used on the employer's quarterly Federaltax return, U.S. Treasury Department 941. Form 4. "Minority" means (a) American Indian or Alaskan Native (all personshavingorigins in any of original peopies NorthAmerica maintainingidentifiable tribal affiliations of and throughmembership participation or community and ident~cation); (b) AsianandPacific Islander (all persons havingorigins in anyof the original peoplesof the Far East, Southeast Asia, the Indian Subcontinent, the Pacific or Islands); (c) Black (all personshavingorigins any t he black Afri can racial groups of not of Hispanic origin), and
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(d) Hispanic (all personsof Mexican,Puerto Rican, Cuban,Central or South American, other Spanish or culture or odgin,regardless race). of b. If the contractor,or a subcontractor anytier, subcontracts portionof the workinvolving at a anyconstructiontrade, eachsuchsdbcontract excessof $10,000 in mustinclude this clauseand the Noticecontaining goalsfor minorityandfemale the participationstatedin the solicitation for this contract.. c. If the contractor is participating in a Hometown (41 CFR Plan 604) approved the U.S. by Department Labor in a coveredarea, either individually or through an association, its of affirmative action obligationson all workin the plan area(including goals) mustcomply with the plan for those trades that haveunionsparticipating in the plan. Contractorsmustbe able to demonstrate participation in, andcompliance with, the provisionsof the plan. Each contractoror subcontractor participating In an approved plan is also requiredto comply with its obligations underthe EqualOpportunityclause, andto make good-faith effort to achieveeachgoal under a the plan in eachtrade in whichit hasemployees. overall good-faith performance oth.er The by contractors or subcontractors toward a goal in an approved plan does not excuse any contractor's subcontractor's or failure to make good-faithefforts to achieve plan's goals. the d. Thecontractor mustimplement affirmative action procedures forth in paragraph the set g below.Thegoalsstated in the solicitatior~for this contractare expressed percentages the as of total hoursof employment training of minority and femaleutilization that the contractor and shouldreasonably able to achievein eachconstructiontrade in whichit hasemployees the be in covered area. If.the contractor performs constructionworkin a geographical arealocatedoutside of the coveredarea, it mustapply the goals establishedfor the geographical area where that workis actually performed.Thecontractor is expected make to substantially uniformprogress toward goalsin each its crafL e. Neitherthe termsandconditionsof anycollective bargaining agreement, the failure by nor a union with whichthe contractor has a collective bargainingagreement, refer minorities or to women excuse contractor's obligations underthis clause, ExecutiveOrder(EO) 11246, wilt the as amended, the regulationsunderthe Executive or order. f. In order for the nonworking training hoursof apprenticesandtrainees to be counted in meetingthe goals, apprentices and trainees must be employed the by . contractor during the training period, and the contractor must havemade commitment a to employ apprentices traineesat the completion their training, subjectto the availability the and of of employment opportunities. Traineesmustbe trained pursuantto training programs approved by the U.S. Department Labor. of g. Thecontractor musttake affirmative action to ensureequal employment opportunity. The evaluation the contractor'scompliance this clausewill be based of with upon effort to achieve its maximum results from its act.ions. The contractor must document these efforts fully and implement affirmative action stepsat least as extensive the following: as

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1. Ensure workingenvironment of harassment, a free intimidation, andcoercionat all sites andin all facilities wherethe contractor's employees assignedto work. The are contractor, if possible, will assigntwoor morewomen eachconstructionproject. The to contractor mustensurethat foremen,superintendents,and other on-site supervisory personnelare awareof and .oan~ out the contractor's obligation to maintain such a workingenvironment, with specFicattention to minority or femaleindividuals workingat these sites or facilities. 2. Establishandmaintaina current list of sources minorityandfemalerecruitment. for Provide written notification to minodtyandfemalerecruitment $ources-and community organizationswhen contractor or its unionshaveemployment the opportunitiesavailable, andmaintaina recordof the organizations'responses. Establish and maintain a current fil~ of the names,addresses,and telephone 3. numbers eachminority andfemaleoff-the-street applicant, referrals of minorities or of femalesfrom unions, recruitment sources, or community organizations, and the action takenwith respectto eachindividual. If an individual wassentto the unionhiring hall for referral andwasnot referredbackto the contractorby the unionor, ~f referredback,not _ employed the contractor, this fact mustbe documented the file, along with whatever by in additional actionsthe contractormay havetaken. 4. Immediately notify the Directo[,~hen unionor unionswith whichthe contractor the has a collective bargainingagreement not referred backto the contractora minority have or woman by the contractor, or when contractor has other information that the sen~ the unionreferral process impeded contractor'sefforts to meet obligations. has the its 5. Develop on-the-jobtraining opportunitiesand/or participate in training programs for the area that expresslyinclude minorities andwomen, including upgradingprograms and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programsfunded or approved, by the Departmentof Labor. The contractor must provide notice of these programsto the sources complied under subparagraph above. 2

Disseminate contractor's equalemployment the policy by -

(a)

Providingnotice of the policy to unionsandto training,recruitment, andoutreach programs, requestingtheir cooperation assisting the contractor in meeting and in its contract obligations; Includingthe policy in-anypolicy manual in collective bargaining and agreements; Publicizing the policy in suchpublications as the company newspaper and (c) annualreport;

(b)

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sEcTION H

(d)
(e)

Reviewing policy with all management the personneland 'Mth all minority and femaleemployees least oncea yea~,and at Posting the policy on bulletin boardsaccessible to employees eachlocation at .~,'h,.,,., co,,,.tr~'d~on ~..p,~,"formed. .....

7. Review, least &nnually,the contractor's equalemployment at policy andaffirmative action obligations with all employees havingresponsibility for hidng, assignment, layoff, termination,or other employment decisions.Conduct reviewof this policy w~thall on-site supervisorypersonnel beforeinitiating constructionworkat a job site. A written record mustbe made maintained and identifying the time andplace of these meetings,persons attending,subjectmatterdiscussed, dispositionof the subjectmatter. and 8. Disseminate contractor's equal employment the policy externally by including it in any advertisingin the news media,specifically including minority andfemalenews media. Providewritten notification to, and discuss this policy with, other contractors and subcontractors whichthe contractordoesor anticipates doingbusiness. with 9. Direct recruitment efforts, both oral andwritten, to minority, female,andcommunity organizations,to schoolswith minority andfemalestudents,andto minority andfemale recruitment and training organiza!j~ns serving the contractor's recruitment area and employment needs. Not later., than one monthbefore the date for acceptanceof applications for apprenticeshipor training by any recruitment source, sendwritten notification to organizations such as the above,describing the openings,screening procedures, tests to be usedin the selection process. and 10. Encourage present minority andfemale employees recruit minority personsand to women. When feasible, provide after-school, summer,and vacation employment to minority and femaleyouth both on the site andin other areasof the contractor's work force. 11. Validate all tests and other selection requirementswhen required under 41 CFR 60-3. personnelfor promotional opportunities. Encourage these employeesto seek or to. ` 12. Conduct, least annually, an inventory and evaluationof all minority andfemale at prepare far, through appropriate training andother activities, opportunities promotion. for 13. Ensurethat seniority practices, job classifications, workassignments, other and personnelpractices do not havea discriminatory effect by continually monitoring all personnel employment-related and activities to ensurethat the contractor's obligations under this contractare beingcarriedout. 14. Ensurethat all facilities and company activities are nonsegregated except that separateor single-user toilet andnecessary changing facilities shall be providedto assureprivacy between sexes. the

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15. Maintain a record of solicitations for subcontracts for minority and female construction contractors suppliers,includingcirculation of solicitations to minorityand and femalecontractor associationsandother business associations. 16. Conducta review, at least annually, of all supervisors adherence to and performanceunder the contractor's equal employment policy and affirmative action obligations. h. Thecontractor is encouraged participate in voluntary associations~at may to assist in fulfilling oneor moreof the affirmative action obligations continued paragraph above.The in g efforts of a contractorassociation,joint contractor-union, contractor-community,similar group or of whichthe contractor is a member participant may assertedas fulfilling oneor moreof and be its obligations underparagraph above,providedthe contractor g 1. Activelyparticipatesin the group;

2. Makesevery effort to ensure that the group has a positive impact on the employment minorities andwomen the industry; of in 3. Ensures that concretebenefits of the program reflected in the contractor's are minority andfemale workforce participation; 4. Makes good-faitheffort to meetitsindividual goalsandtimetables;and a

5. Canprovide access to documentationthat demonstratesthe effectiveness of actionstakenon behalfof the contractor.Theobligation to comply the contractor's, and is failure of sucha groupto fulfill an obligation will not be a defense the contractor's for noncompliance. i. A single goal for minorities and a separatesingle goal for women be established. must Thecontractoris requiredto provideequalemployment opportunityandto take affirmative action for all minority groups,both maleandfemale, andall women, both minority and non-minority. Consequently, contractor may in violation of EO the be 11246,if a particular groupis employed in a substantially disparatemanner. j. Thecontractor may use goals or affirmative action standards discriminate against not to anyperson because race,color, religion, sex, or nationalorigin. of k. Thecontractor may not enter into any subcontractwith any personor firm debarredfrom Government contracts under EO11246. I. Thecontractormustcarry ou~suchSanctions penaltiesfor violation of this clauseand and of the EqualOpportunity clause, including suspension, termination, andcancellation of existing subcontracts, as may be imposed or ordered under EO 11246, as amended, and its implementing regulations, by the 0FCCP. failure to carry out these sanctionsandpenalties Any as ordered will be a violation of this clauseandEO11246. Page 73 of 99 pages - 23 0 - September30, "i995

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m. Thecontractor in fulfilling its obligations underthis clausemustimplement affirmative action procedures least as extensive as those prescribed in paragraph above,so as to at g achieve maximum results from its efforts to ensureequal employment opportunity. If the contractor fails to comply with the requirements ofEO11246,the implementing regulations, or this clause,the contracting offcer ~,411 tekeactionaspresc.fibed 41CFR in 60-4..8. n. Thecontractormust designate responsible a official to 1. Monitor all employment-related activity employment policy is beingcarried out; 2. Submitreports as may required; and be to ensure that the contractor's equal

3. Keeprecords that at least include for each employeethe name, address, telephone number, constructiontrade, unionaffil