NWP General Provisions for Firm Fixed Price Orders

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Rev. 0, October 1, 2012The terms of the Order shall be construed and interpreted in accordance with the body of lawapplicable to the procurement of goods and services by the Government. Insofar as the said body oflaw is not dispositive of a dispute, the laws of the state of New Mexico shall govern.A.9 GRATUITIESThe Government and NWP prohibit their employees from using their official position for personalfinancial gain, or from accepting any personal advantage from anyone under circumstances whichmight reasonably be interpreted as an attempt to influence the recipients in the conduct of theirofficial duties. The Seller and/or its employees shall not, under circumstances which mightreasonably be interpreted as an attempt to influence the recipients in the conduct of their duties,extend any gratuity or special favor to employees of the Government or NWP and shall not acceptany gratuity or special favor from individuals or organizations with whom the Seller is doing businessor proposing to do business in accomplishing work under the Order. The Order is subject to theprovisions of the Anti-Kickback Act (41 U.S.C. 51-58).A.10 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL - FAR 52.223-3 (SAFETY DATAA. “Hazardous material,” as used in this clause, includes any material defined as hazardousunder the latest version of Federal Standard No. 313 (including revisions adopted during theterm of the contract).B. The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to bedelivered under this contract. The hazardous material shall be properly identified and includeany applicable identification number, such a National Stock Number or Special Item Number.This information shall also be included on the Material Safety Data Sheet (MSDS) submittedunder this contract.MATERIAL(If none, insert “None”)Identification No.C. This list must be updated during performance of the contract whenever the contractordetermines that any other material to be delivered under this contract is hazardous.D. The apparently successful offeror agrees to submit, for each item as required prior to award,an MSDS, meeting the requirements of 29 CFR 1910.1200(g) and the latest version ofFederal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause.Data shall be submitted in accordance with Federal Standard No. 313, whether or not theapparently successful offeror is the actual manufacturer of these items. Failure to submit theMSDS prior to award may result in the apparently successful offeror being considerednonresponsible and ineligible for award.E. If, after award, there is a change in the composition of the item(s) or a revision to FederalStandard No. 313, which renders incomplete or inaccurate the data submitted underparagraph (d) of this clause, the subcontractor shall promptly notify the Contracting Officerand resubmit the data.F. Neither the requirements of this clause nor any act or failure to act by the Government shallrelieve the subcontractor of any responsibility or liability for the safety of Government, NWP,or subcontractor personnel or property.5
Rev. 0, October 1, 2012G. Nothing contained in this clause shall relieve the Subcontractor from complying withapplicable Federal, State, and local laws, codes, ordinances, and regulations (including theobtaining of licenses and permits) in connection with hazardous material.H. The Government’s rights in data furnished under this contract with respect to hazardousmaterial are as follows:1. To use, duplicate and disclose any data to which this clause is applicable. The purposesof this right are to –a) Appraise personnel of the hazards to which they may be exposed in using, handling,packaging, transporting, or disposing of hazardous materials;b) Obtain medical treatment for those affected by the material; andc) Have others use, duplicate, and disclose the data for the Government for thesepurposes.2. To use, duplicate, and disclose data furnished under this clause, in accordance withsubparagraph (h)(1) of this clause, in precedence over any other clause of this contractproviding for rights in data.3. The Government is not precluded from using similar or identical data acquired from othersources.I. This clause shall flow down to all lower-tier subcontracts.A.11 LAWS REGULATIONS, AND DOE DIRECTIVESIn performing work under this contract, the subcontractor shall comply with the requirements ofapplicable Federal, State, and local laws and regulations (including DOE regulations), unless reliefhas been granted in writing by the appropriate regulatory agency. This requirement applies to allsub-tier subcontractors.A.12 MATERIAL REQUIREMENTSA. Definitions.As used in this clause—“New” means composed of previously unused components, whether manufactured from virginmaterial, recovered material in the form of raw material, or materials and by-productsgenerated from, and reused within, an original manufacturing process; provided that thesupplies meet contract requirements, including but not limited to, performance, reliability, andlife expectancy.“Reconditioned” means restored to the original normal operating condition by readjustmentsand material replacement.“Recovered material” means waste materials and by-products recovered or diverted fromsolid waste, but the term does not include those materials and by-products generated from,and commonly reused within, an original manufacturing process.“Remanufactured” means factory rebuilt to original specifications.“Virgin material” means—1. Previously unused raw material, including previously unused copper, aluminum, lead, zinc,iron, other metal or metal ore; or2. Any undeveloped resource that is, or with new technology will become, a source of rawmaterials.B. Unless this contract otherwise requires virgin material or supplies composed of ormanufactured from virgin material, the Contractor shall provide supplies that are new,reconditioned, or remanufactured, as defined in this clause.6
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NWP General Provisions for Firm Fixed Price Orders

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