Special Terms and Conditions
for Commercial Items
COMPLIANCE WITH LAWS UNIQUE TO GOVERNMENT CONTRACTS AND SUBCONTRACTS
The Contractor acknowledges that work performed under this subcontract is done as work subcontracted by Fluor-B&W Portsmouth LLC under contract to the U.S. Department of Energy. The Federal Acquisition Regulations (FAR) that are identified below are applicable to this subcontract, including Purchase Orders issued hereunder. Wherever necessary to make these provisions applicable to this subcontract with the appropriate meaning, the term "Contract" shall mean this “subcontract,” the terms "Government", "Contracting Officer" and equivalent phrases shall mean “Fluor – B&W Portsmouth LLC (“FBP”)” and “FBP's Contract Administrator,” respectively, and the terms “Contractor” shall mean the company to whom this subcontract has been awarded.
Provisions that are incorporated by reference shall have the same force and effect as if printed in full text. The full text of a FAR clause that is incorporated by reference may be accessed electronically at this website: http://farsite.hill.af.mil.
1. FAR 52.203-13, Contractor Code of Business Ethics (DEC 2008) (Applicable only for purchase orders that have a value of $5,000,000 or more and have a performance period of 120 days or more; if this clause is applicable, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the DOE Office of the Inspector General, with a copy to the DOE Contracting Officer.)
2. FAR 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestments Act of 2009 (June 2010) (Applicable only if all or part of the purchase order is funded with funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5).
3. FAR 52.219-8, Utilization of Small Business Concerns (MAY 2004) (Applicable if the purchase order offers further subcontracting opportunities. If the purchase order exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include this clause in lower tier subcontracts that offer subcontracting opportunities.
4. FAR 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246);
5. FAR 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. § 4212(a));
6. FAR 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998)(29 U.S.C. § 793);
7. FAR 52.222-50, Combating Trafficking in Persons (FEB 2009),
8. FAR 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006).
Rev 0 March 28, 2011 - 2 -